PUBLIC NOTICE
COMBINED NOTICE OF FINAL NOTICE AND PUBLIC REVIEW OF A PROPOSED ACTIVITY IN A 100-YEAR FLOODPLAIN AND WETLAND,
FINDING OF NO SIGNIFICANT IMPACT (FONSI), AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS (NOIRROF)
SUNSET COVE PARK MARSH RESTORATION PROJECT, SUNSET COVE PARK, QUEENS, NY
MAY 10, 2019
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: Lori A. Shirley (518) 474-0755.
Pursuant to 24 CFR Section 58.43, this combined Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Funds (FONSI/NOIRROF) satisfies two separate
procedural requirements for project activities proposed to be undertaken by HCR.
Project Description: The Governors Office of Storm Recovery (GOSR), an office of HCRs 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 $895,000 in CDBG-DR
funding to The City of New York to construct a viewing platform above the cove at the Sunset Cove Park located in Broad Channel, Queens, NY (the “Proposed Project”). Sunset Cove Park
is a 12-acre parcel located on a former abandoned and derelict marina in Broad Channel, Queens, NY, the only populated community within the Jamaica Bay islands. The shoreline of the
project area, and Big Egg Marsh to the southwest, are both part of the National Park Service (NPS) Jamaica Bay Wildlife Refuge and the Gateway National Recreation Area.
The surge from Superstorm Sandy swept across Broad Channel, covering everything in its path. Automobiles, boats, homes, and businesses were lost, and community recovery has been
slow and challenging. The overall Sunset Cove Marsh Restoration Project consists of three phases. Phase 2 is being funded by CDBG-DR. A boardwalk will be constructed on along the
shoreline leading to a hexagonal viewing platform/outdoor classroom. The CDBG-DR-funded Project would enhance the Broad Channel Communitys cohesion through its ties to the
waterfront. Broad Channel is defined by its relationship to the waterfront. The introduction of amenities for passive recreation provided by the Proposed Project, such as bird watching, hiking,
and interpretive walks, would allow improved access in a region that receives local visitors as well as tourists from around the world. The proposed project would increase resiliency, restore
native habitat, and promote stewardship within Jamaica Bay and throughout New York City.
PUBLIC EXPLANATION OF A PROPOSED ACTIVITY IN A 100-YEAR FLOODPLAIN AND WETLAND
The Proposed Project would result in temporary impacts to wetlands during construction. The western edge of the project area borders a National Wetlands Inventory (NWI) Estuarine and Marine
Deepwater wetland associated with Broad Channel. Approximately, 5.24 acres of the project are within NYS tidal coastal wetlands, and approximately 5.29 acres are within the 300-foot buffer. All
necessary precautions would be undertaken to prevent contamination of any streams, channels or waterways by silt, sediment, fuel, solvents, lubricants, epoxy coatings, debris, concrete leachate,
or any other pollutant associated with Project construction. Once construction is completed, the function of the wetlands would remain unaltered by the Proposed Activity.
The Proposed Project would result in temporary impacts to the 100-year floodplain during construction. The majority of the 12-acre project site is located within Special Flood Hazard Area
(SFHA) Zone AE (areas within the one percent annual chance of flood), and a small portion of the northwestern Project Site area is within SFHA Zone VE (areas within the one percent
annual chance flood and is also a coastal flood zone with velocity hazard). The western side of the Project site is within the Limit of Moderate Wave Action. Once construction is completed,
the function of the floodplain would remain unaltered by the Proposed Activity. Since the action will include new construction in wetland and floodplain, Executive Orders 11990 and 11988
require that the project not be supported if there are practicable alternatives to development in floodplain and new construction in wetlands.
An 8-Step Floodplain and Wetland Analysis has been performed in compliance with Executive Order 11988 in accordance with HUD regulations at 24 CFR 55.20. The analysis examined
the direct and indirect impacts associated with the development within the floodplain and the direct and indirect impacts associated with the development within NYS tidal-coastal wetlands
and wetlands buffer. The analysis concluded that these effects would be minimal because the boardwalk would not alter the characteristics or capacity of the floodplain or wetlands. The
primary alternative for the current proposed action is the “no action” alternative. Not undertaking the Proposed Project would not be consistent with the goals and objectives of the Broad
Channel New York Rising Community Reconstruction Plan to provide recreational and educational benefits to residents of Broad Channel as well as the larger Jamaica Bay community.
Applicable permits from the New York State Department of Environmental Conservation and the United States Army Corps of Engineers 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. Temporary erosion and sediment controls would be installed over the
length of the Project. These measures would be installed prior to disturbance and would remain in place until all slopes are stabilized and revegetated as necessary. All stockpiled soils would
be protected with sediment and erosion control measures in compliance with Section 207-02 of the NYS Department of Transportation Standard Specifications.
There are three primary purposes for this notice. First, people who may be affected by activities in floodplains and wetlands and those who have an interest in the protection of the natural
environment have an opportunity to express their concerns and provide information about these areas. Second, adequate public notice is an important public education tool. The dissemination
of information and request for public comment about floodplains/ wetlands 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/ wetlands, it must inform those who may
be put at greater or continued risk.
FINDING OF NO SIGNIFICANT IMPACT
An Environmental Assessment (EA) for the Proposed Project has been prepared in accordance with the National Environmental Policy Act of 1969 (NEPA) and HUD environmental review
regulations at 24 CFR Part 58. The EA is incorporated by reference into this FONSI. Subject to public comments, no further review of the Proposed Project is anticipated. HCR has determined
that the EA for the project identified herein complies with the requirements of HUD environmental review regulations at 24 CFR Part 58. HCR has determined that the Proposed Project will
have no significant impact on the human environment and therefore does not require the preparation of an environmental impact statement under NEPA.
Public Review: Public viewing of the EA is available online at http://stormrecovery.ny.gov/environmental-docs and is also available in person Monday – Friday, 9:00 AM – 5:00 PM at the
following address: Governors Office of Storm Recovery, 25 Beaver Street, 5th Floor, New York, New York, 10004. Contact: Matt Accardi (212) 480-6265.
Further information may be requested by writing to the above address, emailing NYSCDBG_DR_ER@nyshcr.org or by calling (212) 480-6265. This combined notice is being sent to
individuals and groups known to be interested in these activities, local news media, appropriate local, state and federal agencies, the regional office of the U.S. Environmental Protection
Agency having jurisdiction, and to the HUD Field Office, and is being published in a newspaper of general circulation in the affected community.
Public Comments on FONSI 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 May 28, 2019 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 May 28, 2019: Governors Office of Storm Recovery, 99 Washington
Avenue, Suite 1224, Albany, New York 12260. All comments must be received on or before 5pm on May 28, 2019 or they will not be considered. If modifications result from public comment,
these will be made prior to proceeding with the expenditure of funds.
REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION
On or about May 29, 2019, 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 Lori A. Shirley, in her 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. HUDs approval of the certification satisfies its responsibilities under NEPA and related laws
and authorities and allows GOSR to use CDBG-DR program funds.
Objection to Release of Funds: HUD will accept objections to its release of funds and GOSRs 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 entitys non-compliance with 24 CFR Part 58 are: (a) Certification was not executed by HCRs 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 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.
Lori A. Shirley
Certifying Officer
May 10, 2019
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