COMBINED NOTICE TO PUBLIC OF INTENT TO REQUEST RELEASE OF FUNDS AND FINAL NOTICE AND PUBLIC EXPLANATION OF A PROPOSED ACTIVITY IN A 100-YEAR FLOODPLAIN AND FLOODWAY FINAL NOTICE AND PUBLIC EXPLANATION OF A PROPOSED ACTIVTY IN A 100-YEAR FLOODPLAIN AND FLOODWAY This is to give notice that the Agency of Commerce and Community Development (the Agency) has conducted an evaluation as required by Executive Order 11988, in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management and Wetlands Protection. The activity is funded under the U.S. Housing and Urban Development (HUD) Community Development Block Grant – Disaster Recovery (CDBG-DR2) funds under Title I of the Housing and Community Development Act of 1974 (PL 93-383), the National Affordable Housing Act, as amended, and under the Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in FEMA Disaster Declarations 1995 (April 23-May 9, 2011), 4001 (May 26-27, 2011), 4022 (August 27-September 2, 2011 Tropical Storm Irene), 4043 (May 20, 2011), and 4066 (May 29, 2012).. The house and garage on 236 Lower Michigan Road in Pittsfield was heavily damaged in 2011 from Tropical Storm Irene due to its close proximity to the White River. The house and garage are both located in the floodway and floodplain. The owners are participating in the voluntary home buyout program and will be selling their property to the Town of Pittsfield at 75% value. The property will then be demolished and reverted back to its natural state, thus increasing the flood storage of the White River. The entire 3.3. acre property is within the floodway and 100-year floodplain. The Agency has considered the following alternatives and mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial values: this buyout project will be located on the same property that was damaged in Tropical Storm (T.S.) Irene. Since T.S. Irene, the property has experienced flood damage on numerous other occasions. The entire property lies within the floodway and floodplain of the White River. There are no buildings or structures to be constructed within the floodway or floodplain as a result of this project. The floodway will not be affected if a large flood event were to occur again. The land will revert to a town owned green space, where it will be allowed to revert back to its natural state. This is a mitigation action intended to protect the property from construction in the future and form impacts downstream. The Agency has reevaluated the alternatives to building in the floodway and floodplain and has determined that it has no practicable alternative. Environmental files that document compliance with steps 3 through 6 of Executive Order 11988, are available for public inspection, review and copying upon request at the times and location delineated in the last paragraph of this notice for receipt of comments. There are three primary purposes for this notice. First, people who may be affected by activities in floodways and floodplains and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and provide information about these areas. Second, an adequate public notice program can be an important public educational tool. The dissemination of information and request for public comment about floodways and floodplains can facilitate and enhance Federal efforts to reduce the risks and impacts 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 floodways and floodplains, it must inform those who may be put at greater or continued risk. Written comments must be received by the Agency at the following address on or before October 21, 2019: 1 National Life Drive, Davis Bldg, 6th floor, Montpelier, VT 05620-0501, Attention: Quin Mann, Environmental Officer. A full description of the project may also be reviewed from 7:45 AM to 4:30 PM, Monday through Friday at the same address as above. Comments may also be submitted via email at email@example.com. NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS October 14, 2019 Vermont Agency of Commerce and Community Development Josh Hanford, Commissioner of VT Department of Housing and Community Development One National Life Drive, Davis Building, 6th Floor Montpelier, VT 05620 802-828-1357 Request for Release of Funds On or about October 22, 2019 the Agency of Commerce and Community Development (the Agency) will submit a request to the U.S. Department of Housing & Urban Development (HUD) for the release of Community Development Block Grant – Disaster Recovery (CDBG-DR2) funds under Title I of the Housing and Community Development Act of 1974 (PL 93-383), the National Affordable Housing Act, as amended, and under the Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in FEMA Disaster Declarations 1995 (April 23-May 9, 2011), 4001 (May 26-27, 2011), 4022 (August 27-September 2, 2011 Tropical Storm Irene), 4043 (May 20, 2011), and 4066 (May 29, 2012). These federal funds are authorized by Section 239 of the Department of Housing and Urban Development Appropriations Act, 2013 (Public Law 113-2) through a grant provided to the Agency by the United States Department of Housing and Urban Development (HUD), to undertake a project known as 236 Lower Michigan Road Buyout for the purpose of purchasing and demolishing the property to mitigate future flood damage. The project is located at 236 Lower Michigan Road, Pittsfield, VT 05762. The total estimated cost of the project is $200,000. The activities proposed are categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act (NEPA) requirements. An Environmental Review Record (ERR) that documents environmental determinations for this project is on file at 1 National Life Drive, Davis Bldg, 6th floor, Montpelier, VT 05620, and may be may be examined or copied from 7:45 AM to 4:30 PM Monday through Friday. Public Comments Any individual, group, or agency may submit written comments on the ERR to the Agency at the address listed above, Attention: Quin Mann, Environmental Officer. Comments may also be submitted via email at firstname.lastname@example.org. All comments received by October 21, 2019 will be considered by the Agency prior to authorizing submission of a request for release of funds. Environmental Certification The Agency is certifying to HUD that Josh Hanford, in his official capacity as Commissioner of the VT Department of Housing and Community Development, consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making, and action; and that these responsibilities have been satisfied under NEPA and other environmental responsibilities listed in 24 CFR Part 58. HUD’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the Agency to use CDBG-DR2 funds. Objections to Release of Funds HUD will accept an objection to its approval of the release of funds and the State’s certification only if it is 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 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 the US Department of HUD – Boston Field Office, Community Planning and Development, Thomas P. O’Neill, Jr. Federal Building, 10 Causeway Street, 3rd Floor, Boston, MA 02222-1092. Potential objectors should contact HUD to verify the actual last day of the objection period.