Notice of Intent [100-yr Floodplain]

NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS AND FINAL NOTICE AND PUBLIC EXPLANATION OF A PROPOSED ACTIVITY IN A 100-YEAR FLOODPLAIN [ESP]
[view file: Port Isabel 100-Year Floodplain]

5/14/20

City of Port Isabel, 305 E. Maxan Street, Port Isabel, TX 78578, (956) 943-2682

This Notice shall satisfy the above-cited two separate but related procedural notification requirements to be undertaken by the City of Port Isabel

To:  All interested Agencies, Groups, and Individuals

REQUEST FOR RELEASE OF FUNDS

On or about 5/22/20 the City of Port Isabel will submit a request to the Texas Department of Agriculture (TDA) Office of Rural Affairs for the release of 2019 Community Development Funds under Section 104(f) of Title 1 of the Housing and Community Development Act of 1974 as amended, to undertake the project known as Street Improvements #7219330.  Contractor shall reconstruct South Shore Drive, which is in poor condition from high traffic volume, to remove a potential threat to public safety and to improve access. Contractor shall reconstruct 1,900 LF of streets utilizing 2” HMAC, prime coat, 1,400 LF curb-and-gutter, valves, manholes, pavement repair, all associated appurtenances, including Administration and Engineering costs; with a Grant amount of $275,000, city match $55,000, estimated project cost $330,000.  Location: South Shore Drive from W. Adams Street to S. Cisneros Street, Port Isabel, Cameron County, TX 78578.

FINDING OF NO SIGNIFICANT IMPACT

The City of Port Isabel 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 Port Isabel, 305 E. Maxan Street, Port Isabel, TX 78578, Attention: City Manager’s Office or by email to citymanager@copitx.com.  The ERR can be accessed online at info@portisabel-texas.com.  

FINAL NOTICE AND PUBLIC EXPLANATION OF PROPOSED ACTIVITY IN A 100-YEAR FLOODPLAIN

This is to give notice that the City of Port Isabel 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.  Approximately 2.6 acres of the project is in Zone AE of the 100-Year Floodplain.  The City of Port Isabel has considered the following alternatives and mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial values:  Relocate the Project:  The project roadway, which is already geographically located in the floodplain, is in poor condition due to the high volume and weight of traffic.  This roadway must be repaired to provide safe access to the public.  Moving the project out of the floodplain is not an alternative.  Taking No Action would incur no costs for the street improvements and cause no construction-related environmental impact but would be unable to address the need for improvements to this frequently travelled roadway to provide safe access to the public.  The City of Port Isabel has reevaluated the alternatives to building in the floodplain and has determined that it has no practicable alternatives.  Environmental files that document compliance with steps 3 through 6 of Executive Order 11988 are available either electronically or by U.S. mail.  Please submit your request by U.S. mail to City of Port Isabel, 305 E. Maxan Street, Port Isabel, TX 78578, Attention: City Manager’s Office or by email to citymanager@copitx.com.  The ERR can be accessed online at www.myportisabel.com.

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.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to the City of Port Isabel.  All comments received by 5/21/20 will be considered by the City of Port Isabel prior to authorizing submission of a request for release of funds.  Comments must be prepared and submitted via email in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to the City of Port Isabel at citymanager@copitx.com.  Commenters should specify which Notice they are addressing.  Potential objectors should contact the City of Port Isabel via email to verify the actual last day of the objection period.

ENVIRONMENTAL CERTIFICATION

The City of Port Isabel certifies to the Texas Department of Agriculture (TDA) that Juan Jose Zamora, in his capacity as Mayor, 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.  TDA’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the City of Port Isabel to use Program funds.

OBJECTIONS TO RELEASE OF FUNDS

TDA  will accept objections to its release of funds and the City of Port Isabel’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 Port Isabel; (b) the City of Port Isabel 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 TDA; 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 Pam Wozniak, Environmental Review Specialist, Texas Department of Agriculture, at pamela.wozniak@texasagriculture.gov.  Potential objectors should contact Pam Wozniak at TDA to verify the actual last day of the objection period.

Juan Jose Zamora, Mayor