July 20, 2022
City of Burlington –Community and Economic Development Office (CEDO)
149 Church Street, Room 32
Burlington, VT 05641
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 5, 2022 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, to undertake a project known as COTS 278 Main Street Housing Project for the purpose of new construction of 16 units of affordable housing for the formerly homeless, with $400,000 in HOME funds and an additional $6,872,220 in other funds at 278 Main Street, Burlington, VT 05401, if applicable. This project includes new construction and the buildings will be constructed using radon resistant construction methodologies. Post-construction radon tests will be completed by a certified radon professional. Additional mitigation shall be required if results show elevated radon levels. This project was found to have an adverse effect by the City and the State Historic Preservation Office (SHPO). The City of Burlington has entered into a Memorandum of Agreement (MOA) with the SHPO, the Owner (Committee On Temporary Shelter), and the Developer (Evernorth). The MOA required the City of Burlington to ensure that mitigation measures are followed by the owner after the completion of the project. The project shall receive all required permits before the commencement of construction and will satisfy all permit conditions prior to closeout. Consistent with the Phase I ESA dated February 25, 2022, the project site contains the presence of typical urban contaminants. The project shall use the appropriate soil management protocols according to all Federal, State, and Local requirements, laws, and authorities.
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 online https://www.hudexchange.info/programs/environmental-review/environmental-review-records/?filter_status=PT%2CPN&filter_state=VT&filter_city=BURLINGTON&program=ERR&group=. Additional project information is contained in the Environmental Review Record (ERR) on file at 149 church Street, Room 32, Burlington, VT 05401 and may be examined or copied weekdays 9 A.M to 5 P.M.
Any individual, group, or agency may submit written comments on the ERR to the CEDO offices, located on the third floor of 149 Church Street, Burlington, VT, via email to firstname.lastname@example.org, or via phone at 802-865-7144. All comments received by 5 p.m. on August 4, 2022 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.
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 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