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Notice #: 0001071507-01
Legal Notices

Start Date: February 13, 2018

End Date: February 20, 2018


COMBINED FINAL NOTICE AND PUBLIC EXPLANATION OF A
PROPOSED ACTIVITY IN A 100-YEAR FLOODPLAIN AND
NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS

February 13, 2018

Applicant: City & County of Honolulu
Department of Budget and Fiscal Services
530 South King Street, Room 304
Honolulu, Hawaii 96813
Phone: (808) 768-3901

TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS:

This Notice shall satisfy the above cited two separate related procedural notification requirements.

FINAL NOTICE AND PUBLIC EXPLANATION OF A PROPOSED
ACTIVITY IN A FLOODPLAIN

This is to give notice that the City and County of Honolulu (City) under Part 58 has conducted an evaluation as required by Executive Order 11988, in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management and Wetlands Protection. The activity is proposed for Community Development Block Grant (CDBG) program funding under B-17-MC-15-0001. The proposed project is located at 436 Ena Road, Honolulu, Hawaii 96815. The City intends to utilize up to $7,300,000 in CDBG funds to acquire an eight-story building and parking structure, located in Waikiki, which would provide thirty-three (33) units of affordable housing, and a facility that will provide various services, to low- and moderate-income households. The City proposes to acquire the property in fee simple, then convey the property on a lease or operating license basis to an agency that will oversee the management and operation of the property. Approximately 6,000 square feet, the total project area, is located in the 100-year floodplain Zone AE.

The City has considered the following alternatives and mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial values: It is practical to locate the project within the floodplain since the proposed project involves acquisition only, which would not expand the square footage of the building, and no direct impacts on the floodplain will result. The following alternatives were considered 1) Locate the proposed project outside of the floodplain and 2) No action/other actions that serve the same purpose. However, the alternatives were not considered for the following reasons: 1) the high demand to provide housing and services to low- and moderate-income families; 2) Oahu’s competitive housing market which makes it difficult to identify and acquire available housing units; 3) the proposed project would not change the current use of the building; and 4) an alternative site was not available.

The City has reevaluated the alternatives to building in the floodplain and has determined that it has no practicable alternative. Environmental files that document compliance with steps 3 through 6 of Executive Order 11988, are available for public inspection, review and copying upon request at the times and location delineated in the last paragraph of this notice for receipt of comments.

There are three primary purposes for this notice. First, people who may be affected by activities in floodplains and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and provide information about these areas. Second, an adequate public notice program can be an important public educational tool. The dissemination of information and request for public comment about floodplains can facilitate and enhance Federal efforts to reduce the risks and impacts associated with the occupancy and modification of these special areas. Third, as a matter of fairness, when the Federal government determines it will participate in actions taking place in floodplains, it must inform those who may be put at greater or continued risk.

Written comments must be received by the City at the following address on or before February 20, 2018: Nelson H. Koyanagi, Jr., Director, Department of Budget and Fiscal Services, 530 South King Street, Room 208, Honolulu, Hawaii 96813, (808) 768-3901. A full description of the project may also be reviewed from 7:45 a.m. to 4:30 p.m., Monday through Friday at the location listed above. Comments may also be submitted via email to bfscdbgmail@honolulu.gov.

NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS

On or about March 1, 2018 the City will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of Community Development Block Grant (CDBG) program funds under Title I of the Housing and Community Development Act of 1974, as amended, to undertake a project known as Ena Road Acquisition for the purpose of acquiring an eight-story building and parking structure, located in Waikiki, which would provide thirty-three (33) units of affordable housing, and a facility that will provide various services, to low- and moderate income households.

The activities proposed are 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 this project is on file at the Department of Budget and Fiscal Services, 530 South King Street, Room 208, Honolulu, Hawaii 96813 and may be examined or copied from 7:45 a.m. to 4:30 p.m., Monday through Friday.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to Nelson H. Koyanagi, Jr., Director, Department of Budget and Fiscal Services. All comments received by February 28, 2018, will be considered by the City and County of Honolulu prior to authorizing submission of a request for release of funds.

ENVIRONMENTAL CERTIFICATION

The City certifies to HUD that Nelson H. Koyanagi, Jr., in his capacity as the Director of Budget and Fiscal Services 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 to use Program funds.

OBJECTIONS TO RELEASE OF FUNDS

HUD will accept objections to its release of funds and the City’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; (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 the: Office of Community Planning and Development, U.S. Department of Housing and Urban Development, 1132 Bishop Street, Suite 1400, Honolulu, Hawaii 96813. Potential objectors should contact HUD to verify the actual last day of the objection period.

Nelson H. Koyanagi, Jr., Director
Department of Budget and Fiscal Services

By Order of KIRK CALDWELL, MAYOR
City and County of Honolulu
(SA1071507 2/13/18)