Combined Notice Of Finding Of No Significant Impact And Notice Of Intent To Request Release Of Funds State Of Vermont | General Notices | Seven Days | Vermont's Independent Voice

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Combined Notice Of Finding Of No Significant Impact And Notice Of Intent To Request Release Of Funds State Of Vermont 

Published September 21, 2022 at 10:00 a.m. | Updated September 21, 2022 at 10:22 a.m.

September 21, 2022

Vermont Agency of Commerce and Community Development Josh Hanford, Commissioner, VT Department of Housing and Community Development One National Life Drive, Davis Building, 6th Floor Montpelier, VT 05620


The purpose of this notice is to satisfy two separate but related procedural requirements for activities to be undertaken by the State of Vermont Agency of Commerce and Community Development. This notice corrects a previous notice published on September 7, 2022, by including estimated amounts of funding for specific federal funds.

Request for Release of Funds

On or about October 7, 2022, the Agency will submit a request to HUD to release HOME Investment Partnership Program funds under Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended to undertake a project known as City Place Burlington Affordable Housing. It is in the location of the former Burlington Mall building, which was demolished in 2018. Prior to construction of the affordable housing project, a master podium structure will be constructed over most of the 2.53 acre parcel, which will support multiple

mixed-use buildings, including the proposed 8-story 80-88 unit affordable housing building, and will accommodate parking under the buildings. The master project also proposes reconnection of both Pine and St. Paul's Street between Bank and Cherry Streets. This environmental review includes the entire land area, the parking and podium structures, reconnection of the two streets, and the affordable housing building itself.

Mitigating measures include adherence to a Vermont Department of Environmental Conservation approved Corrective Action Plan, which requires the installation of a sub-slab depressurization system (SSDS) to mitigate impacts from off site vapor migration, monitoring of the SSDS, and additional soil testing, if required, for the purposes of assessing potential urban soils if any are encountered, and management of such soils. The SSDS will double as a radon mitigation system.

The estimated total cost of the project is approximately $26,320,000 including approximately $1,000,000 in HOME Investment Partnerships American Rescue Plan Program funds and approximately $900,000 in National Housing Trust Funds via the Vermont Housing and Conservation Board (VHCB), and up to 20 project based vouchers via the Vermont State Housing Authority. Other Federal funding sources includes various funds provided by/through the City of Burlington. A separate combined notice will be completed for such funds by the City of Burlington.

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 (ERR) which will be made available to the public for review at the Agency, National Life Building, One National Life Drive, Davis Building 6 th floor, Montpelier, Vermont 05620, between the hours of 8:00am and 4:00pm or via email at [email protected].

Public Comments

Any individual, group, or agency may submit written comments on the ERR to the Agency for the use of HOME funds, Attn: 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 [email protected]. All comments received by October 6, 2022, will be considered by the Agency prior to authorizing the submission of a request for release of funds. 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 and Josh Hanford, in his official capacity as Commissioner of the VT Department of Housing and Community Development, consent 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 the National Environmental Policy Act and related laws and authorities and allows the Agency to use HOME funds.

Objections to Release of Funds

HUD will accept objections to its approval of the release of funds and the State'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 Josh Hanford; (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 ffunds by the 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 the HUD Director of Community Planning and Development [email protected]. Potential objectors should contact the HUD via email to verify the last day of the objection period.

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