RUTHANNE VISNAUSKAS Commissioner/CEO

Transcription

1 ANDREW M. CUOMO Governor RUTHANNE VISNAUSKAS Commissioner/CEO July 5, 2017 VIA ELECTRONIC Ms. Veronia Rosas, Administrative Assistant Bronx Neighborhood Housing Services CDC, Inc E. Gun Hill Road Bronx, NY Re: Bronx Affordable Homeownership SHARS # Dear Ms. Rosas: The New York State Housing Trust Fund Corporation (HTFC) has determined that the proposed program to provide purchase assistance without rehabilitation 1 is categorically excluded according to HUD environmental review regulations at 24 CFR Part 58, subject only to regulatory review at 24 CFR No public notice or Request for Release of Funds and Environmental Certification is required. This letter constitutes clearance of the environmental review for the program and removal of the limitation on commitment of HUD assistance funds for the program [24 CFR 58.22(a)]. Your program has been determined to be a Type II Action under the New York State Environmental Quality Review Act (SEQR), and no further SEQR review is required. Please note that a Tier 2 checklist must be prepared for each site selected in the program using the Tier 2 template created during the Tier 1 review process. You must submit a site specific Statutory Checklist for review and acceptance by the HTFC Certifying Officer prior to project set-up and any choice-limiting actions on a specific site, including actions funded by all non-home sources. We have attached a copy of the Tier 2 Template for your convenience. Please note that this Tier 2 template supplants all previous versions of the site specific statutory checklist and previous versions will not be acceptable for your program submissions. Should you have any questions regarding the environmental review, please contact the HTFC Project Manager, Caillin Furnari, at (518) or John Leahy, Environmental Analyst, at (518) Sincerely, Heather Spitzberg, Esq. Certifying Officer cc: Caillin Furnari, Project Manager John Leahy, Environmental Analyst 1 If any rehabilitation work is needed as part of the purchase, this Tiered review cannot be used for that site. In that case, contact EAU for further guidance. Hampton Plaza, State St., Albany NY

2 Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR Part 58.34(a) and 58.35(b) Project Information Program Name: Bronx Affordable Homeownership SHARS Number: Program Sponsor: Primary Contact: (Name and Title) Address: Bronx Neighborhood Housing Services CDC, Inc. Veronica Rosas, Administrative Assistant 1451 E Gun Hill Rd Bronx, NY Bronx County Telephone: ext Fax: v.rosas@bronxnhs.org Responsible Entity (RE): New York State Homes and Community Renewal Certifying Officer: Project Location: Heather Spitzberg, Director, Environmental Analysis Unit Scattered sites, to be chosen, within Bronx County Description of the Proposed Project [58.32; 40 CFR ]: The Bronx Neighborhood Housing Services CDC, Inc. dba NHS of North Bronx would like to implement a Homebuyer Purchase Assistance program that provides down payment and closing cost assistance to qualified buyers for the purchase of a single family home. With HOME Funds, the Bronx Neighborhood Housing Services CDC Inc. would like to provide 10 qualified buyers with up to $32,800 towards down payment and closing cost assistance. Based on the description of program, only financial assistance will be provided for each unit. Zone changes, special use permits or subdivision approvals will likely not be required, as the funds will only be used for down payment and closing costs to purchase single-family residential units. Page 1 of 4

3 Level of Environmental Review Determination: Categorically Excluded per 24 CFR 58.35(b)(5) not subject to laws and authorities at 58.5 Funding Information Estimated Total HUD HOME Funded Amount: $400, Estimated Total Project Cost (HUD and non-hud funds) [24 CFR 58.32(d)]: $400, Compliance with 24 CFR 50.4 and 58.6 Laws and Authorities Record below the compliance or conformance determinations for each statute, executive order, or regulation. Provide credible, traceable, and supportive source documentation for each authority. Where applicable, complete the necessary reviews or consultations and obtain or note applicable permits of approvals. Clearly note citations, dates/names/titles of contacts, and page references. Attach additional documentation as appropriate. Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR 50.4 and 58.6 Are formal compliance steps or mitigation required? Compliance determinations STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 58.6 Airport Runway Clear Zones and Accident Potential Zones 24 CFR Part 51 Subpart D Yes No The following primary, commercial airports exist within or in proximity of the target area: LaGuardia Airport. All sites within 2,500 feet of the LaGuardia civilian airport will be reviewed for their location with regard to the RPZ/CZ. If a purchase assistance project is located within the RPZ/CZ, prospective buyers will be given written notice informing that the property is located in such a zone (describing the associated safety risks) and that the property may be acquired by the airport operator at a later date. The buyer must sign a statement acknowledging receipt of this information and the notification must be submitted with the Tier 2 checklist. Page 2 of 4 No military service airports exist within the

4 target area. The nearest military service airport to the target area is the Colonel Francis Gabreski Air National Guard Base which is 59 miles from the program area boundary at its closest point and therefore will never be within 15,000 feet of the target area. Therefore, no further Tier 2 review is required for military airports APZ. Coastal Barrier Resources Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501] Flood Insurance Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC and 42 USC 5154a] See attached map. Yes No No Coastal Barrier Resource Areas exist in the target area. No further Tier 2 review required. See attached map. Yes No All sites will be reviewed for their location on FIRM maps at: No sites within a floodway will be chosen. Any site within a 100-year flood-zone will be required to maintain flood insurance. Attachments: 1. Airport Hazards Map 2. USFWS Coastal Barrier Resources System Map Mitigation Measures and Conditions [40 CFR (c)] Summarize below all mitigation measures adopted by the Responsible Entity to reduce, avoid, or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors. These measures/conditions must be incorporated into project contracts, development agreements, and other relevant documents. The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Not applicable until sites are selected in Tier 2 review. Law, Authority, or Factor Mitigation Measure Page 3 of 4

5 Heather Spitzberg, Director, Environmental Analysis Unit July 5, 2017

6 Attachment 1 Airport Hazards Map

7 Airport Hazards Map. COLONEL FRANCIS S GABRESKI ANGB _ ^ BRONX Colonel Francis S. Gabreski Air National Guard Base (ANGB) 59 miles from Bronx County LA GUARDIA _ ^ LaGuardia Airport LaGuardia Airport 340 feet from Bronx 0.6 miles from Bronx County County 0 25,000 50,000 Legend 100,000 Feet 1:600,000 Service Layer Credits: Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), MapmyIndia, NGCC, OpenStreetMap contributors, and the GIS User Community Created: 6/23/2017 Source data: FAA facility data and Airport Master Records and Reports data. _ ^ Airports Bronx County NYS Counties

8 Attachment 2 USFWS Coastal Barrier Resources System Map

9 Coastal Barrier Resources System Map. ORANGE ROCKLAND WESTCHESTER BRONX SUFFOLK NEW YORK QUEENS NASSAU KINGS RICHMOND 0 25,000 50,000 QUEENS 100,000 Feet 1:500,000 Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Created: 6/18/2017 Data Sources: Coastal Barrier Resources System data provided by the U.S. Fish & Wildlife Service New York County data provided by ArcGIS Online Legend Bronx County NYS Counties Coastal Barrier Resources System

10 NYS HOUSING TRUST FUND CORPORATION HOME LPA PROGRAM Tier 2 Site Specific Statutory Checklist Attachment to Tier 1 Programmatic ERR APPROVED FOR: SHARS No: LPA Name: Bronx Neighborhood Housing Services CDC, Inc. Program Name: Bronx Affordable Homeownership Program Activities: Homebuyer Purchase Assistance Target Area: Scattered sites, to be chosen, within Bronx County TIER 2 SITE SPECIFIC INFORMATION: (to be filled in by LPA upon choosing site) 1. Site address (including county): 2. Number of units: 3. Project description (this project description must fit within the Program Activities described above): Bronx Neighborhood Housing Services CDC, Inc.. proposes purchase assistance/downpayment assistance of a _-story building for [families, persons 55 or older], with residential units at [address] in the [Village or Town or City] of, County. There will be no rehabilitation associated with this project. 4. Ground disturbance: 5. If project involves rehabilitation, has work or site altering activities begun on the site (if yes, stop and contact EAU and Program, this site may not be eligible for funding): 6. If project involves acquisition, has acquisition already occurred for the site (if yes, stop and contact EAU and Program, this site may not be eligible for funding): Directions: Use this form to create a template Tier 2 Site Specific Checklist. It should include the instructions that were developed during the Tier 1 review and language options for the Tier 2 review. For each Tier 2 site specific review, choose the most appropriate language option.

11 NYS HOUSING TRUST FUND CORPORATION HOME LPA PROGRAM Tier 2 Site Specific Statutory Checklist Attachment to Tier 1 Programmatic ERR Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR 50.4, 58.5, and 58.6 Provide description of compliance for all issues not resolved at the Tier 1 programmatic level Additional supporting material must be attached. STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 & 58.6 Airport Hazards 24 CFR Part 51 Subpart D The site location was reviewed and determined to be outside the Runway Protection Zone/Clear Zone (RPZ/CZ) for the LaGuardia Airport (map attached). OR The site location was reviewed and determined to be inside the Runway Protection Zone/Clear Zone (RPZ/CZ) for LaGuardia airport (map attached). The potential buyer's acknowledged receipt of the required notification regarding potential safety risks is attached. Coastal Barrier Resources Resolved during Tier 1 review. Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501]

12 NYS HOUSING TRUST FUND CORPORATION HOME LPA PROGRAM Tier 2 Site Specific Statutory Checklist Attachment to Tier 1 Programmatic ERR Flood Insurance Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC and 42 USC 5154a] According to FIRM No., dated (attached), this site is not located in a floodway or a 100-year flood-zone. OR According to FIRM No., dated (attached), this project building is not located in a floodway, but is located in a 100-year flood-zone. Flood insurance will be purchased and maintained for this site, in compliance with the HOME Award Agreement. I am the authorized signatory for the HTFC HOME LPA award to the entity named below. I have read this Tier 2 Site Specific Statutory Checklist and by signing this document agree with the statements made herein and agree that this Tier 2 site specific review was conducted in conformance with the Tier 1 programmatic review procedures. Prepared by: Title: Preparer s Signature: Date: Address: Phone Number: