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LEGAL NOTICES
34 TIMES LEDGER, JUNE 19-25, 2020 B
PUBLIC NOTICE
COMBINED FINAL NOTICE AND PUBLIC REVIEW OF
A PROPOSED ACTIVITY IN A 100-YEAR FLOODPLAIN AND WETLAND
AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
FRESH CREEK COASTAL PROTECTION PROJECT
KINGS COUNTY, NEW YORK
June 19, 2020
Name of Responsible Entity and Recipient: New York State Homes and Community Renewal (HCR), 38-40 State Street,
Hampton Plaza, Albany, NY 12207, in cooperation with the New York State Housing Trust Fund Corporation (HTFC), of the same
address. Contact: Matt Accardi (212) 480-6265. The Governor’s Office of Storm Recovery (GOSR), an office of HCR’s HTFC, is
responsible for the direct administration of the United States Department of Housing and Urban Development (HUD) Community
Development Block Grant – Disaster Recovery (CDBG-DR) program in New York State.
Pursuant to 24 CFR Section 58.43, this combined Final Notice and Public Review of a Proposed Activity in a 100-year Floodplain and
Wetland and Notice of Intent to Request Release of Funds (NOIRROF) satisfies two separate procedural requirements for project
activities proposed to be undertaken by HCR.
Project Description: The Governor’s Office of Storm Recovery (GOSR), an office of HCR’s HTFC, is responsible for the direct
administration of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant
– Disaster Recovery (CDBG-DR) program in New York State. GOSR proposes to provide $13,250,000.00 in CDBG-DR funding
to the Dormitory Authority of the State of New York for the New York City Comprehensive Green Infrastructure Project located in
Brooklyn and Queens.
The Proposed Project would include the implementation of resiliency improvements utilizing green infrastructure within the
boundaries of six NY Rising Community Reconstruction Program (NYRCR) Planning Areas in New York City. The project areas
include: 1) Rockaway, Queens; 2) Gravesend/Bensonhurst, Brooklyn; 3) Southeast Brooklyn; 4) Canarsie, Brooklyn, 5) Idlewild
Middle School (I.S. 72), Queens; and 6) Idlewild ROWs, Queens. The proposed project was developed to improve stormwater
drainage within roadways and intersections as well as a property occupied by Idlewild Middle School (I.S. 72), which have been
subject to flooding during recent storms. Specific green infrastructure measures proposed include bioswales within existing road
rights of way (ROWs) and a rain garden within the boundaries of Idlewild Middle School (I.S. 72).
PUBLIC EXPLANATION OF A PROPOSED ACTIVITY IN A 100-YEAR FLOODPLAIN AND WETLAND
Out of the six project areas, only one (Rockaway, Queens) is located within the 100-year floodplain (SFHA Zone AE); the remainder
of the project areas are outside the SFHA. Project Area 1 (Rockaway) and Project Area 4 (Canarsie) are situated within a NYSDEC
Tidal Wetlands Adjacent Area. Since the action will include construction in a floodplain and wetland, Executive Orders 11990 and
11988 require that the project not be supported if there are practicable alternatives to development in floodplain and construction
in wetlands.
The primary alternative for the current proposed action is the “No Action” alternative. Not undertaking the Proposed Action would
not be consistent with the goals and objectives of the New York City Rising Community Reconstruction Plan, in which it is a featured
project that would improve stormwater management within frequently flooded street segments. The No Action Alternative would
result in continued flooding of streets and beneficial impacts such as the reduction of urban heat island effects, energy use and
greenhouse gas emissions would not be realized.
The NYC Department of Environmental Protection (DEP) evaluated other flood mitigation actions and through modeling found green
infrastructure to be most cost effective and beneficial to floodplains, wetlands and water quality.
The Proposed Activity in Rockaway Queens, including the installation of 22 bioswales within existing, paved, road ROWs, would
result in less than 0.03 acres of permanent impacts to the SFHA. Although Project Areas 1 (Rockaway) and 4 (Canarsie) are situated
within a NYSDEC Tidal Wetlands Adjacent Area, no impacts to wetlands would occur. Applicable permits from the New York State
Department of Environmental Conservation will be acquired before work is commenced. The Applicant will be bound by any permit
stipulations or mitigation measures listed in permits acquired for this project.
GOSR is conducting an evaluation as required by Executive Orders 11988 and 11990 in accordance with U.S. Department of Housing
and Urban Renewal (HUD) regulations under 24 CFR 55.20 Subpart C - Procedures for Making Determinations on Floodplain and
Wetland Management, to determine the potential effects that its activity in a floodplain and wetlands would have on the human
and natural environment. An early public notice of proposed activity within the 100-year floodplain was published by GOSR in the
Brooklyn Graphic and the Queens Times Ledger on April 10, 2020; no comments were received. A draft Floodplain Management
Plan (8-step process) documenting compliance with Executive Orders 11988 and 11990 as well as floodplain and wetland maps have
been prepared for this project and are available for review at: http://www.stormrecovery.ny.gov/environmental-docs.
REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION
On or about July 7, 2020, the HCR certifying officer will submit a request and certification to HUD for the release of CDBG-DR funds
as authorized by related laws and policies for the purpose of implementing this part of the New York CDBG-DR program.
HCR certifies to HUD that Matt Accardi, in his capacity as Certifying Officer, consents to accept the jurisdiction of the U.S. 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 GOSR to use CDBG-DR program funds.
Public Comments on the Proposed Activity within a Floodplain and Wetland and/or NOIRROF: Any individual, group or
agency may submit written comments on the Proposed Project. The public is hereby advised to specify in their comments which
“notice” their comments address. Comments should be submitted via email, in the proper format, on or before July 6, 2020 at
NYSCDBG_DR_ER@nyshcr.org. Written comments may also be submitted at the following address, or by mail, in the proper
format, to be received on or before July 6, 2020 Governor’s Office of Storm Recovery, 25 Beaver Street, 5th Floor, New York, NY
10004. All comments must be received on or before 5pm on before July 6, 2020 or they will not be considered. If modifications result
from public comment, these will be made prior to proceeding with the expenditure of funds.
Objection to Release of Funds: HUD will accept objections to its release of funds and GOSR’s certification for a period of fifteen
days following the anticipated submission date or its actual receipt of the request (whichever is later). Potential objectors may
contact HUD or the GOSR Certifying Officer to verify the actual last day of the objection period.
The only permissible grounds for objections claiming a responsible entity’s non-compliance with 24 CFR Part 58 are: (a) Certification
was not executed by HCR’s Certifying Officer; (b) the responsible entity has omitted a step or failed to make a decision or finding
required by HUD regulations at 24 CFR Part 58; (c) the responsible entity or has committed funds or incurred costs not authorized by
24 CFR Part 58 before release of funds and approval of environmental certification; 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) and shall be addressed to
Tennille Smith Parker, Director, Disaster Recovery and Special Issues Division, Office of Block Grant Assistance, U.S. Department
of Housing & Urban Development, 451 7th Street SW, Washington, DC 20410, Phone: (202) 402-4649 and emailed to diaster_
recovery@hud.gov.
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