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Legal notices

The Division of Housing and Community Development (DHCD) wants public input on the actions it takes and the decisions it makes. Sometimes that input takes place at a public hearing. In other instances, we ask the public to submit written comments. In all cases, DHCD’s requests for input will be found here. DHCD has the following notices at this time.

Tier 1 Broad Review Project/Program Title: CDBG-DR Homeowner Repair Program

Notice Of Intent To Request Release Of Funds for Tiered Projects and Programs 

Date of Publication: October 21, 2024

City of Philadelphia, Department of Planning and Development
1515 Arch Street, 13th Floor
Philadelphia, PA  19119

On or after November 4, 2024, the City of Philadelphia will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of Community Development Block Grant Disaster Recovery (CDBG-DR) program funds under the Disaster Relief Supplemental Appropriations Act, 2022 (Public Law 117-43) and the Continuing Appropriations Act, 2023 (Public Law 117–180), as amended, to undertake the following project:

Tier 1 Broad Review Project/Program Title: CDBG-DR Homeowner Repair Program

Purpose: The Homeowner Repair Program will assist homeowners whose low-to-moderate-income or other social vulnerabilities impede their ability to access other sources of recovery assistance in order to fully repair their single-family properties during the six-year CDBG-DR grant period. The Homeowner Repair Program aims to assist homeowners repair their homes, support rehabilitation of older and existing housing stock, and provide safe and decent housing opportunities for residents that incorporate climate resilience solutions.

Location: This program will be available to eligible homeowners throughout the City of Philadelphia. Specific addresses will be assessed in the site specific reviews.

Project/Program Description: Specific activities eligible for funding in the Homeowner Repair Program are:

  1. Emergency repairs included in the City’s Basic Systems Repair Program. These include replacement of HVAC systems, water heaters, and electric panels as needed to accommodate other systems;
  2. Actions to improve indoor air quality, including replacement of cooking appliances, ventilation upgrades, carpet removal, and duct cleaning;
  3. Weatherization measures, including the installation or replacement of building insulation;
  4. Waterproofing;
  5. Interior work to elevate utilities out of areas susceptible to flooding;
  6. Replacement of windows and doors.

This Program will be administered through the City’s subrecipient partner, Philadelphia Housing Development Corporation (PHDC), and will allow for additional costs to comply with federal, state, and local construction standards, such as replacing onsite residential infrastructure, complying with green building standards, and ensuring that homes are accessible for individuals living with disabilities, senior residents, and individuals and families at risk of homelessness.

Tier 2 site specific reviews will be completed for those laws and authorities not addressed in the tier 1 broad review for each address under this program when addresses become known. 

Level of Environmental Review Citation: The Homeowner Repair Program is categorically excluded per 24 CFR 58.35(a)(3), and subject to laws and authorities at §58.5.

Tier 2 Site Specific Review: This is a tiered environmental review. With this Notice, the City acknowledges that the proposed activities comply with some of the related laws and authorities on the basis of the program or project description. Each individual project will also be subject to a site-specific review to ensure compliance with the remaining related laws and authorities.

The site-specific reviews will cover the following laws and authorities not addressed in the Tier 1 broad review.

  • Flood Insurance
  • Contamination and Toxic Substances
  • Floodplain Management
  • Historic Preservation
  • Noise Abatement and Control
  • Wetlands Protection

Protocols for determining compliance with the above laws and authorities are detailed in the Conditions section below.

Conditions:

Flood Insurance

All projects will need to document flood risk exposure with an FFRMS Floodplain report. Reports will be generated by City staff or their agents/assigns using the tool at https://floodstandard.climate.gov/tool/ or by using FFRMS data on a mapping system developed by the City. For purposes of establishing the floodplain boundaries, single-family home repairs are considered non-critical and the estimated service life for rehabilitated properties shall be until the year 2060, in order to full cover a standard 30-year residential mortgage.

Properties that are within the FFRMS floodplain will need to obtain proof of flood insurance, and the City will be responsible for notifying homeowners of their responsibility to maintain insurance in perpetuity.

For projects owned by persons that have previously received federal flood disaster assistance for the project site, City administrative staff will request documentation that flood insurance has been maintained on the property prior to receiving additional assistance.

Contamination and Toxic Substances

City administrative staff will document compliance with HUD standards for contamination using the following protocol:

  1. City staff or their agents/assigns will visit each site and complete a Field Contamination Checklist in format approved by the Responsible Entity
  2. City staff or their agents/assigns will generate a toxics and contamination report or site map using NEPAssist, PADEP’s ESA Search, or a similar system. The report shall show nearby toxic and contaminated sites in relation to the proposed project. Databases consulted shall include EPA’s Superfund List (CERCLIS), National Priorities List (NPL), Toxic Release Inventory, Brownfields, Air Facility Systems, Hazardous Waste (RCRA) databases, and PADEP regulated storage tanks.
  3. If the toxics and contamination report shows nearby sites that could pose a threat of contamination, City staff or their agents/assigns will obtain documentation from PADEP to verify cleanup status and types and extent of contamination.
  4. Environmental review staff at the City Planning Commission will review the documentation generated in steps (1) through (3) and determine whether the project site may be at risk for exposure to toxic, hazardous, or radioactive substances. If exposure cannot be ruled out at this stage, environmental review staff will request an ASTM Phase I Environmental Site Assessment. If the Phase I ESA identifies RECs, CRECs or HRECs, the Responsible Entity will require further investigation or mitigation as recommended in the Phase I ESA. If the City or recipient is unable or unwilling to conduct a Phase I ESA or comply with requests for further investigation or mitigation measures, then the site will be deemed ineligible.
  5. Pursuant to the City’s radon policy for HUD-sponsored projects, projects in Philadelphia ZIP codes 19109, 19112, 19113, 19118, and 19124 must test for Radon. Radon testing or mitigation is NOT required for structures with unenclosed air space between the entire lowest floor and the ground. All other structures must be evaluated by a radon professional to ensure that radon is below 4.0 picocuries per liter of air and 0.02 working levels. The radon professional must meet the qualifications set by the HUD Office of Multifamily Development Radon Policy and the certification regulations in Title 25 of the Pennsylvania Code Chapter 240. All testing must be documented and included as part of the ERR. If the radon level is below the standards of 4.0 picocuries per liter of air and 0.02 working levels, no further action is required. However, if the radon level is at or above either of the standards, radon mitigation measures must be implemented. Upon completion of work funded by this Program, the home must be retested to ensure that radon levels below the standards are achieved.
  6. HUD policy requires all occupied structures proposed for inclusion in HUD-funded programs be free of hazardous materials that could affect occupant health, including lead-based paint, asbestos-containing materials, and mold, at the completion of the project. All activities must comply with federal laws and regulations regarding asbestos, lead-based paint and mold, including (a) National Emission Standard for Asbestos, standard for demolition and renovation, 40 CFR 61.145; (b) National Emission Standard for Asbestos, standard for waste disposal for manufacturing, fabricating, demolition, and spraying operations, 40 CFR 61.150; (c) HUD’s lead-based paint regulations in 24 CFR Part 35 Subparts A, B, H, J, K and R.; (d) HUD’s Interior air quality regulations in 24 CFR Part 982.401 Subpart H.

Floodplain Management 

As noted above in the section on Flood Insurance, all projects will be accompanied by a FFRMS Floodplain report. If the project is within an FFMRS Floodplain, the City will have the discretion to reject the project. If the project is accepted to move forward, City staff or their agents/assigns will classify the project as either a Substantial Improvement or a Minor Improvement according to 24 CFR 55.2. Minor Improvements must comply with the basic restrictions in Part 55 (i.e. the prohibitions on projects in floodways and critical actions in coastal high hazard areas) but will not be required to complete the 5- or 8-step decision-making processes. Substantial Improvements will be subject to the 5- or 8-step decision-making processes. Completion of the processes will be coordinated and documented by City staff or their agents/assigns.

Historic Preservation

City staff or their agents/assigns will document that at least one of the following conditions is true:

  1. There will be no physical changes to building exterior or excavation associated with the project; OR
  2. There will be physical changes to the building exterior or excavation, and the full scope of work can be classified as having ”no effect” pursuant to an executed agreement between the Philadelphia Historical Commission and the Pennsylvania State Historic Preservation Office. A copy of this agreement will be included in the ERR for the broad-level review; OR
  3. There will be physical changes to the building exterior or excavation, but the proposed work has been reviewed by the staff of Philadelphia Historical Commission and approved in accordance with the processes and requirements of Section 106 of the National Historic Preservation Act.

Noise Abatement and Control

Projects that do not include replacement or improvements to exterior-facing elements including windows, doors, or exterior walls are in compliance with noise regulations.

Projects that do include replacement or improvements to exterior-facing elements including windows, doors, or exterior walls shall be required to specify standard noise attenuating measures for the elements to be improved or replaced, such as improved noise ratings for windows and doors and thicker insulation for exterior walls. City staff or their agents/assigns will document such measures for these projects.

Projects that include such improvements or replacements, but for which standard noise attenuation measures are not possible because of site constraints or conflicts with other site-specific or broad-level environmental requirements will be subject to the requirements of 24 CFR Part 51 Subpart B. City administrative staff will coordinate completion of a noise assessment and approved according to the following protocol:

  1. Project sites with ”Acceptable” noise levels (at or below 65 DNL) will be in compliance with noise regulations.
  2. Project sites with ”Normally Unacceptable” noise levels (66 – 75 DNL) will be either rejected or mitigated with attenuation requirements.
  3. Project sites with ”Unacceptable” noise levels (above 75 DNL) will be rejected.

Wetlands Protection

City staff or their agents/assigns will use the following protocol to determine compliance with wetlands requirements:

  1. Using NFWS inventory map data and a site visit, determine whether the project is either a) within 1/4 mile of a documented wetland; or b) has visual indication of the presence of wetlands per 24 CFR 55.9(b). Projects that do not meet either of these conditions will be determined to have no direct or indirect effect on wetlands and the project will be in compliance.
  2. Evaluate the scope of proposed work. Projects that do not include grading or excavation will be determined to have no direct or indirect effect on wetlands and the project will be in compliance.
  3. If City staff or their agents/assigns complete steps (1) and (2) and determine that the project includes grading or excavation and has potential to affect wetlands, the City will have the discretion to reject the project. If the project is accepted to move forward, the project will be subject to the eight-step decision-making process for wetlands at 24 CFR 55.20. Completion of the process will be coordinated and documented by City staff or their agents/assigns.

Estimated Project Cost: $42,138,100.00 Community Development Block Grant – Disaster Recovery Assistance

The activity/activities proposed are categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act (NEPA) requirements 24 CFR 58.35(a)(3). An Environmental Review Record (ERR) that documents the environmental determinations for this project is available electronically at https://www.hudexchange.info/programs/environmental-review/environmental-review-records/ and in person at the office of the Philadelphia City Planning Commission at 1515 Arch Street, 13th Floor, Philadelphia, PA 19102. The ERR is also available for review by U.S. mail. Please submit your request by U.S. mail to City of Philadelphia, City Planning Commission, 1515 Arch Street, 13th Floor, Philadelphia, PA 19102 or by email to planning@phila.gov. This legal notice can be accessed online at the following website:

https://www.phila.gov/departments/division-of-housing-and-community-development/about/legal-notices/.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to the Philadelphia City Planning Commission. All comments received by November 1, 2024 will be considered by the City of Philadelphia prior to authorizing submission of a request for release of funds.

ENVIRONMENTAL CERTIFICATION

The City of Philadelphia certifies to HUD that John Mondlak, Certifying Officer, in his capacity as Director of the Department of Planning and Development 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’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the City of Philadelphia to use HUD program funds.

OBJECTIONS TO RELEASE OF FUNDS

HUD will accept objections to its release of fund and the City of Philadelphia’s certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the City of Philadelphia; (b) the City of Philadelphia 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 the development process 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 is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to CPDRROFPHI@hud.gov.  Potential objectors should contact HUD to verify the actual last day of the objection period.

John Mondlak, Certifying Officer


124-E-Indiana-Ave-Mill-Redevelopment

Notice Of Finding Of No Significant Impact and
Notice Of Intent To Request Release Of Funds

Date of Notice: September 24, 2024

City of Philadelphia
Division of Housing and Community Development
1234 Market Street, 17th Floor
Philadelphia, PA  19107
215-686-9760

These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the City of Philadelphia’s Division of Housing and Community Development (DHCD) and the Philadelphia Housing Authority (PHA).

REQUEST FOR RELEASE OF FUNDS

On or about October 15, 2024, the City of Philadelphia will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of Community Development Block Grant (CDBG) funds under Title I of the Housing and Community Development Act of 1974, as amended, and the City of Philadelphia will authorize the Philadelphia Housing Authority (PHA) to submit to HUD a request for release of funds under funds under the Section 8 and Section 9 of the United States Housing Act of 1937, as amended, to undertake the following housing project:

Project Title: 124-E-Indiana-Ave-Mill-Redevelopment

Purpose: This CDBG grant covers the second phase of construction on A & Indiana campus redevelopment. The project, reviewed in 2021, consists of the rehabilitation of a 5-story 140,000 sf former carpet mill building, with the following components: 8,800 square feet of ground floor commercial space which will house Impact Service’s veterans services program; five (5) one-bedroom units, thirty (30) two-bedroom units, and thirteen (13) three-bedroom units; and twenty (20) dedicated parking spaces for the residential portion of the project and protected playground, the parking lot will expand to seventy two (72) spaces for future development phase. All residents will have access to Impact Services’ full array of supportive services, some of which will be provided on-site. The site has been historically certified by the National Park Service, and Impact Services Corporation has owned it since 1981.

Work in this phase will include site work (interior courtyard, stormwater piping, and parking spaces), retaining wall, clearing/redirecting on-site stormwater infrastructure, parking barriers, Boiler House stabilization, and improvements at the Tusculum Street entrance.

The other portion of activities under this review is a modification of rental assistance for 36 of the total 48 residential units onsite. HOK Housing, LP is a 48-unit LIHTC housing project at 118-60 E. Indiana Ave. The project was placed in service in August 2023 and fully occupied by December 2023. The $23 million project, which renovated a former carpet factory, was supported by LIHTC, federal Historic Tax Credits, City funding, Philadelphia Housing Authority support, and Federal Home Loan Bank funds. The HOK Housing project received an allocation of 36 ACC rental assistance from the Philadelphia Housing Authority. After completion, the PHA received authorization to convert ACC to RAD vouchers. This process is being undertaken to modify the rental assistance to RAD vouchers.

Location: 124 East Indiana Avenue, Philadelphia, PA 19133

Estimated Cost: Estimated Total HUD Funded Amount: $482,600.  Estimated Total Project Cost (HUD and non-HUD funds) $23,000,000. Currently, the project has a Unit-Based Operating Subsidy ACC Contract for thirty-six (36) units.  After conversion, the PBV subsidy under the HAP will be about $14.7 million for the 20 year contract.

FINDING OF NO SIGNIFICANT IMPACT

The City of Philadelphia has determined that the project will have no significant impact on the human environment.  Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required.

Additional project information is contained in the Environmental Review Record (ERR).  The ERR will be made available to the public for review either electronically or by U.S. mail. Please submit your request by U.S. mail to City of Philadelphia, City Planning Commission, 1515 Arch Street, 13th Floor, Philadelphia, PA 19102 or by email to planning@phila.gov.  The legal notice can be accessed online at the following website: https://www.phila.gov/departments/division-of-housing-and-community-development/about/legal-notices/

POSTING INFORMATION

This Notice will be posted at the McPherson Square Library located at 601 East Indiana Avenue, Philadelphia, PA 19134; and this legal notice is also posted online at the following website https://www.phila.gov/departments/division-of-housing-and-community-development/about/legal-notices/.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to the Philadelphia City Planning Commission.  All comments received by October 14, 2024. will be considered by the City prior to authorizing submission of a request for release of funds.  Comments should specify which Notice they are addressing.

ENVIRONMENTAL CERTIFICATION

The City certifies to HUD that John Mondlak in his capacity as Director of Planning and Development 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’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows Impact Services to use Program funds. 

OBJECTIONS TO RELEASE OF FUNDS

HUD will accept objections to its release of fund and the City’s certification for a period of fifteen (15) days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the City; (b) the City 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 the development process 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 is unsatisfactory from the standpoint of environmental quality.  Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to HUD’s Philadelphia Office of Community Planning and Development at  CPDRROFPHI@hud.gov  and the Office of Public and Indian Housing (PIH-HUD) at philaPIH@hud.gov.

John Mondlak, Director
City of Philadelphia, Department of Planning and Development


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