To: All Interested Agencies, Groups, & Individuals
This is to give notice that the Vermont Agency of Commerce and Community Development (the Agency) 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. The activity is funded under Title I [Section 8(o)(13)] of the U.S. Housing Act of 1937 and a Congressionally Directed Spending (CDS) from Senator Leahy through VHCB.
The proposed project is known as Marsh House located at 51 South Main Street, Waterbury, VT, and is located in the Federal Flood Risk Management Standard (FFRMS) floodplain. The extent of the FFRMS floodplain was determined using a freeboard value approach and is at an elevation of 427 feet. The entire site is located in the FFRMS floodplain, though near the outer fringe. The subject property includes approximately 0.80 acres of land that is currently used as a parking lot. Project activities include new construction of a three-story, ~ 27,000 square foot building that will provide 26 individual housing units. Three of the units will be designated for those who are intellectually or developmentally challenged and five units will be designated for those suffering from homelessness. The property will be developed with a paved driveway and parking lot, stormwater controls including compensatory flood storage, sidewalks, access ramps, stockade fencing, electric vehicle charging station, trash enclosures, and utility connections.
The proposed development includes direct impacts to the FFRMS floodplain. The natural and beneficial values of, and impact resulting from the project to the floodplain were considered. An increase of approximately 0.59 acres of impervious surface is proposed due to parking, sidewalks, concrete slabs, and the building itself. The proposed project has been designed to minimize runoff and direct runoff to the municipal system. To prevent impact to the building mechanical systems and personal property of future site occupants, the lowest level of the residential units will be at the FFRMS floodplain elevation, which is 427 feet above mean sea level. Flood insurance, property tenant notification, evacuation plan, and floodplain elevation certificate are required and will be prepared.
The Agency has considered alternatives and mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial values. Several alternatives to the proposed action were considered, including alternative sites and site layout to minimize the extent of disturbance to the floodplain, resulting in the proposed development. Under the proposed options, the minor impact to and from the floodplain is offset by meeting a significant need for affordable housing in Waterbury.
The Agency has reevaluated the alternatives to the proposed work 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 about floodplains can facilitate and enhance Federal efforts to reduce the risks 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 Agency for this project at the following addresses on or before November 15, 2024: Attn: Environmental Officer, Agency of Commerce and Community Development, Department of Housing and Community Development, One National Life Drive, Davis Building, 6th floor, Montpelier, Vermont, 05620, or via email at Grace.Vinson@vermont.gov. A full description of the project may be received by email by contacting Grace Vinson, Environmental Officer, at grace.vinson@vermont.gov. Comments may also be submitted via email to grace.vinson@vermont.gov.
Date: November 8, 2024
MITIGATED COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
STATE OF VERMONT
November 8, 2024
Vermont Agency of Commerce and Community Development
Alex Farrell, Deputy Commissioner of VT Department of Housing and Community Development
One National Life Drive, Davis Building, 6th Floor
Montpelier, VT 05620
802-828-3080
These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the Vermont Agency of Commerce and Community Development (the Agency).
Request for Release of Funds
On or about November 24, 2024, the Agency will submit a request to the U.S. Department of Housing & Urban Development (HUD) to release funds HOME Investment Partnership Program funds under Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, to be used for a project known as Marsh House located at 51 South Main Street, Waterbury, VT which includes 0.80 acres of land that is currently used as a parking lot. Project activities include new construction of a three-story, ~ 27,000 square foot building that will provide 26 individual housing units. Three of the units will be designated for those who are intellectually or developmentally challenged and five units will be designated for those suffering from homelessness. The property will be developed with a paved driveway and parking lot, stormwater controls including compensatory flood storage, sidewalks, access ramps, stockade fencing, electric vehicle charging station, trash enclosures, and utility connections.
A Phase I Environmental Site Assessment (ESA) was completed by KAS Environmental Science & Engineering, dated September 27, 2024 and recognized environmental conditions (RECs) were identified. The subject property is listed as a State Brownfields site, SHWS listing #2023-5300, and a Corrective Action Plan has been approved to address the RECs identified in the Phase I ESA. The approved CAP will be implemented, which includes excavation and disposal of contaminated soils, installation of a clean soil cap or hardscape cover over any remaining impacted soils, and installation of a sub-slab depressurization system (SSDS). Post-renovation radon testing will be performed to ensure radon levels are less than 4.0 picocuries/liter, as required by the Environmental Protection Agency.
The entire subject property is located in the FFRMS floodplain and the 8 step decision making process was completed. Mitigation identified during the 8 step process includes the maintenance of flood insurance, property tenant notification, creation of an evacuation plan, and a floodplain elevation certificate. Additionally, the lowest floor of the residential units will be 2 feet over the 100 year floodplain, which is 427 feet above mean sea level.
The estimated total cost of the project is approximately $15,419,781 including approximately $106,466 in HOME funds. Approximately, 8 Section 8 Project Based Voucher's and a Congressionally Directed Spending (CDS) from Sen. Leahy through VHCB for approximately $800,000 in funding from Patrick Leahy Legacy Fund.
Finding of No Significant Impact
The Agency 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, which 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 Environmental Officer, Department of Housing and Community Development, National Life Building, One National Life Drive, Davis Building 6th floor, Montpelier, Vermont 05620 or via email at Grace.Vinson@vermont.gov.
Public Comments
Any individual, group, or agency may submit written comments on the ERR for consideration by the Agency to the Agency’s office at Attn: Environmental Officer, Agency of Commerce and Community Development, Department of Housing and Community Development, One National Life Drive, Davis Building, 6th floor, Montpelier, Vermont, 05620, or via email at Grace.Vinson@vermont.gov. All comments received by November 23, 2024 will be considered by the Agency prior to taking any administrative action or requesting the release of funds from HUD on the date listed above. Comments must specify which Notice they are addressing—the Finding of No Significant Impact or the Request for the Release of Funds.
Environmental Certification
The Agency is certifying to HUD that Alex Farrell in his official capacity as Commissioner of the VT Department of Housing and Community 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 Agency to use the HOME funds.
Objections to Release of Funds
HUD will accept objections to its release of funds and the Agency’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 Agency; (b) the Agency 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 HUD Director of Community Planning and Development CPD_COVID-19OEE-BOS@hud.gov. Potential objectors should contact HUD to verify the actual last day of the objecti