#2009-30
NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
May 17, 2009
CITY OF PORTSMOUTH, 801 CRAWFORD STREET
PORTSMOUTH, VA 23705
757-393-8641

TO ALL INTERESTED AGENCIES, GROUPS, AND PERSONS:

This ad serves as the notification of intent to request release of funds for projects to be undertaken by the City of Portsmouth (VA). On or about June 3, 2009, the City of Portsmouth will submit a request to the Department of Housing and Urban Development for the release of funds pursuant to Title I of the Housing and Community Development Act of 1974, as amended, under the Community Development Block Grant Program and the release of HOME funds, under the Cranston-Gonzales National Affordable Housing Act to undertake projects under its 2010 Action Plan. Dissemination of pertinent information was made available in a public notice dated March 8, 2009, in the Virginian Pilot, by the placement of the Action Plan and Consolidated Plan Documents in the public library branches for a 30 day review that commenced March 13, 2009, and in a public hearing held April 28, 2009, at 7:00 PM in City Council Chambers, Portsmouth, VA.

The activities proposed are (1) exempt or (2) categorically excluded under HUD Regulations at 24 CFR Part 58 from National Environmental Policy Act requirements. An Environmental Review Record (ERR) that documents the environmental determinations for these projects is on file at the Portsmouth Redevelopment and Housing Authority, 801 Water Street, Portsmouth, VA and may be examined or copied weekdays 9:00AM to 5:00PM.

                        Public Comments

Any individual, group, or agency may submit written comments on the ERR for consideration by the City of Portsmouth to Kenneth Chandler, City Manager, 801 Crawford Street, Portsmouth, VA 23704. All comments received by the close of business June 1, 2009, will be considered by the City of Portsmouth prior to authorizing submission of a request for release of funds.

                        Release of Funds

The City of Portsmouth certifies to the Department of Housing and Urban Development that Kenneth Chandler in his capacity as City Manager consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the City of Portsmouth to use Program funds.

               Objection to Release of Funds

HUD will accept objections to its release of funds and the City of Portsmouth certification for a period of 15 days following the anticipated submission date or its actual receipt of the request (whichever is later) only if such objections are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the City of Portsmouth; (b) the City of Portsmouth has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient or other participants in a project have committed funds, incurred costs, or undertaken activities not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; or (d) another federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project(s) is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and shall be addressed to the HUD Grant Administration Office, Department of Housing and Urban Development, 600 East Broad Street, Richmond, VA 23219. Potential objectors should contact HUD to verify the actual last day of the objection period.

Kenneth Chandler                      #2009-30
City Manager