July 26, 2023
City of Burlington Community & Economic Development Office (CEDO)
149 Church Street, Room 32
Burlington, Vermont 05401
802-865-7144
These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the City of Burlington.
REQUEST FOR RELEASE OF FUNDS
On or about August 11, 2023 the City of Burlington will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of HOME Investment Partnerships Program funds under Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990 (HOME), as amended, Community Development Block Grant Program funds under Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, as amended 42 U.S.C. 5301 et seq. (CDBG), and funds appropriated under section 3205 of the American Rescue Plan Act of 2021 (P.L. 117-2) for the HOME Investment Partnerships Program (HOME-ARP) to undertake an affordable housing project known as the Post Apartments. The project is located at 176 South Winooski Avenue, Burlington, Vermont and involves demolition of an existing structure used by the Veterans of Foreign Wars (VFW) and new construction of a five-story mixed use building with 38 new housing units and two nonprofit commercial spaces one of which is expected to be occupied by the VFW. Required mitigation measures include: 1) completion of the approved Corrective Action Plan, dated July 17, 2023, to manage potential impacts to future site users for environmental contaminants and radon. This project includes new construction and the building will be constructed using radon resistant construction methodologies. Post-construction radon tests will be completed by a certified radon professional. Additional mitigation will be required if results show elevated radon levels; 2) Asbestos Containing Materials were identified in the building and will be abated prior to demolition; 3) the Vermont Fish and Wildlife Service should be contacted prior to building demolition to inspect for the presence of the Northern Long Eared Bat, so any identified can be removed to prevent incidental take; and 4) all applicable, local, state and federal permits and approvals shall be obtained, all conditions shall be followed, and all permits shall be closed out upon completion. The estimated total cost of the project is approximately $20,657,975 including the following from the City of Burlington: approximately $253,000 in HOME funds, approximately $228,000 in CDBG funds, and approximately $400,000 in HOME-ARP funds. The project anticipates using Project Based Section 8 vouchers through the Burlington Housing Authority. Other Federal funding sources include various funds provided by and through the State of Vermont. A separate combined notice will be completed for such funds by the State of Vermont.
FINDING OF NO SIGNIFICANT IMPACT
The City of Burlington 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. An Environmental Review Record (ERR) that documents the environmental determinations for this project is online at www.burlingtonvt.gov/CEDO. Additional project information is contained in the Environmental Review Record (ERR) on file at 149 Church Street, 3rd Floor, Burlington, Vermont and may be examined or copied weekdays 9:00 a.m. to 5:00 p.m.
PUBLIC COMMENTS
Any individual, group, or agency may submit written comments on the ERR to the CEDO office, located on the third floor of 149 Church Street, Burlington, Vermont, via email to [email protected], or via phone at 802-865-7144. All comments received by 5:00 p.m. on August 10, 2023 will be considered by the City of Burlington prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing.
ENVIRONMENTAL CERTIFICATION
The City of Burlington certifies to HUD that Miro Weinberger in his capacity as Mayor of Burlington 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 the City of Burlington to use Program funds.
OBJECTIONS TO RELEASE OF FUNDS
HUD will accept objections to its release of funds and the City of Burlington'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 of the City of Burlington; (b) the city of Burlington 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 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 Director Robert D. Shumeyko at 10 Causeway Street, 3rd Floor, Boston, MA 02222. Potential objectors should contact HUD to verify the actual last day of the objection period.
Miro Weinberger, Mayor of Burlington