COMBINED NOTICE OF FINDING OF NO
SIGNIFICANT IMPACT, INTENT TO REQUEST RELEASE OF FUNDS, AND SECTION 106 NATIONAL HISTORIC PRESERVATION ACT DETERMINATION
January 24, 2023
New York State Homes & Community Renewal
New York State Housing Trust Fund Corporation
38-40 State Street
Albany, New York 12207
This Notice shall satisfy the above-cited separate but related procedural notification requirements.
REQUEST FOR RELEASE OF FUNDS
On or about February 9, 2023, the New York State Homes & Community Renewal, through the New York State Housing Trust Fund Corporation (HTFC), will submit a request to the U. S. Department of Housing and Urban Development (HUD) for the release of $1,933,272 in HOME funds under Title II of the Cranston-Gonzalez National Affordable Housing Act (NAHA) of 1990, in accordance with section 288 (42 U.S.C. 12838), to authorize People Community Housing Development Corporation to undertake a project known as Blocher Homes Apartments for purposes of the substantial rehabilitation of an existing, vacant 2-story former nursing home building into 39 residential units, demolition of a vacant 2-story single-family house, and new construction of two 2-story buildings and one 3-story building for a total of 93 total residential units (including one superintendent unit) of family and supportive housing on a 5.26-acre site at 135 Evans Street in the Village of Williamsville, Town of Amherst, Erie County. Existing water service piping and faucets in the former nursing home will be replaced. Public water and sewer are available onsite. Amenities available to Project residents will include a new playground, reading room, laundry room, elevators, and multiple community activity rooms with patios. The newly paved parking lot will provide 108 spaces for residents and visitors as well as six electric vehicle charging stations. The Project's grounds will be extensively and attractively landscaped with new walkways, planters, and a variety of trees, shrubs, perennials, and groundcover. Each building will utilize all electric systems. The Project will participate in NYSERDA New Construction Housing Program Tier 3 and Enterprise Green Communities Plus and EPA Energy Star Multifamily New Construction. Site work will include clearing, grading and excavation, construction of driveways, parking areas and new sidewalks, finish grading and landscaping. Construction is estimated to last 30 continuous months, with excavation and materials movement lasting approximately 130 days. Total project cost is estimated at $40,012,182.
FINDING OF NO SIGNIFICANT IMPACT
HCR 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) which can be obtained by emailing Lori.Shirley@hcr.ny.gov.
SECTION 106 NATIONAL HISTORIC PRESERVATION ACT DETERMINATION
As a part of its responsibilities under 36 CFR Part 800, the regulations implementing Section 106 of the National Historic Preservation Act of 1966 (Section 106), as amended, HCR, in consultation with the New York State Office of Parks, Recreation, and Historic Preservation (OPRHP), acting as the State Historic Preservation Office (SHPO), and other consulting parties that indicated an interest in consultation, including Tribal Historic Preservation Offices (THPO), has determined that the proposed project will have No Adverse Effect to historic and cultural resources. This information is available for public review in the ERR, as described above.
Any individual, group, or agency may submit written comments on the ERR to Lori Shirley, either by mail to Environmental Analysis Unit, NYS Housing Trust Fund Corporation, 38-40 State Street, Albany, New York, 12207 or by email to Lori.Shirley@hcr.ny.gov. All comments received by the end of the day on February 8, 2023 will be considered by HCR prior to authorizing submission of a request for release of funds. Comments should specify which part of this Notice they are addressing.
HCR certifies to HUD that Lori A. Shirley in her capacity as Certifying Officer 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 People Community Housing Development Corporation to use Program funds.
OBJECTIONS TO RELEASE OF FUNDS
HUD will consider objections to its release of funds and HCR's certification received by February 24, 2023 or for a period of fifteen days following 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 HCR; (b) HCR 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 project 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:
Mr. Vincent Hom, Director, HUD Community Planning and Development at CPD_COVID-19OEE-NY@hud.gov.
Potential objectors should contact HUD to verify the actual last day of the objection period.
Lori A. Shirley
January 24, 2023