Notice of Intent (ENV-NOI) Instructions

When a project’s Level of Review requires a Categorically Excluded Subject to Review (CEST), or as it may also be known as a “Subject to”, to be conducted a Notice of Intent is required to either be published in the newspaper or posted in areas of City/Town that are heavily trafficked by its residents (3 locations minimum). On the following page you will find a sample of the Notice of Intent.

The language included in the Notice are HUD’s recommended wording for the Notice of Intent. Words in BOLD TYPE are to be replaced by language appropriate to the project and grant recipient.

Note: The 7- or 10-day public comment periods are the minimum time periods required by regulation prior to submission of a Request for Release of Funds and Certification form (ENV-RROF) to ADECA. The Responsible Entity may choose to allow a longer comment period. The 15-day objection period listed in the “Objections to Release of Funds” section is a statutory requirement. The objection period follows the submission date specified in the Notice or the actual date of receipt by ADECA, whichever is later.

Following the completion of the comment period recipients may E-Mail or Fax the ENV-RROF to ADECA. The date of the E-Mail or Fax will be counted as the submission date which initiates the objection period on the following day (also called “starting the clock”). Original copies of the ENV-RROF form and the Level of Review Determination form (ENV-LRD) as well as copies of all public notices (Early or Final Floodplain/Wetland Notices and Notice of Intent) and their affidavits of publication or posting must be submitted to ADECA. If the Responsible Entity received any public comments, it must respond to those comments prior to submitting the ENV-RROF. ADECA will not issue a Notice of Removal of Grant Conditions (ENV-NRGC) until the original signed copies of the ENV-RROF, and ENV-LRD are received.

NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS

Date of Notice

Grant Recipient

Address (e.g., Street No. or P.O. Box)

City, State, Zip Code

Telephone Number of RE

TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS:

On or about Date the Grant Recipient will submit a request to the Alabama Department of Economic and Community Affairs (ADECA) for the release of CDBG funds under Title I of the Housing and Community Development Act of 1974, as amended (PL 93-383), to undertake a project known as project title for the purpose of nature/scope of project, estimated funding (include non-HUD funding sources if applicable) and project location if applicable.

The activities proposed Choose an item. An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file at name and address of office where ERR can be examined and any other locations where the ERR is available for review and may be examined or copied weekdays XX AM to XX PM.

PUBLIC COMMENTS

Any individual, group or agency may submit written comments on the ERR to the designated office responsible for receiving and responding to comments. All comments received by Date will be considered by the Grant Recipient prior to authorizing submission of a Request for Release of Funds.

ENVIRONMENTAL CERTIFICATION

The Grant Recipient certifies to ADECA that name of Certifying Officer in their capacity as Choose an item. 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. ADECA’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the Grant Recipient to use Program Funds.

OBJECTIONS TO RELEASE OF FUNDS

ADECA will accept objections to its release of funds and the Grant Recipient certification for a period of 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 or the Grant Recipient; (b) the Grant Recipient has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CRF 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 ADECA; 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 CFRR part 58, Sec. 58.76) and shall be addressed to the State at: Alabama Department of Economic and Community Affairs, Community and Economic Development Division, PO Box 5690, Montgomery, AL 36103. Potential objectors should contact ADECA to verify the actual last day of the objection period.

Name and Title of RE Certifying Officer