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Home My WebLink AboutI - 05a CDBG Housing Rehab SEQRTOWN OF CORTLANDVILLE THE RAYMOND G. THORPE MUNICIPAL BUILDING 3577 Terrace Rd. Cortland, New York 13045 Phone (607) 756-6091 Fax (607) 758-7922 TDD 1-800-662-1220 Supervisor Town Board Members Attorney Tom Williams Jay Cobb, Deputy Supervisor John A. DelVecchlo Jeff Guido, Deputy Supervisor Ted Testa Greg Leach March 16, 2022 Nina14'upski NYS Homes and Community Renewal Office of Community Renewal Hampton Plaza 38-40 State Street, 4`' Floor Albany, NY 12207 RE; State Environmental Quality Review; CDBG Housing 287HR317-21 Dear Ms. Krupski: The purpose of this letter is to document that the Town of Cortlandville has considered the FY2021 CDBG housing rehabilitation program underthe State Environmental Quality Review Act. After reviewing the program scope of work, the Town has determined that the housing rehabilitation program is a TYPE l l action. See 6 NYCRR 617.5(c) (1) "Maintenance or repair involving no substantial changes in an existing structure or facility:' Because the program is a Type 11 action, no formal documentation or review is required pursuant to the State Environmental Quality Review Act, Sincerel tl , b4V V Tom Williams, Town Supelviso- The Tmvn of Cortlandville is an equal opportunity provider and employer. If you wish to file a C➢vll Rights program emapinhr! of dircrtmhmtlnn, complete 1" USDr1 pragraat Discrimdoodon Complaint Form,found online hitp.:/bp)vuv.ascnusda.govleompiaintfling cust.html, ar• at any USDA office, a• call (866)632-9992 to request the form. You gray also write a letter wntaining all of the Information requested in the farm or teller to the form. Send pour caarpiete complaint form or letter to its by mail at U.S. Department of Agriculture, Director, Office ofAdjudication, 1400 Independence Avenue, S. IV, Washingmu D. C. 20250-9410, hyfax (2,92) b90- 7442 ar email at promMI.intnhe(a)asda.opv. FORM 2-3 CERTIFICATION OF NEPA CLASSIFICATION CDBG Project Number: 287HR317-21 Date April 9, 2022 Name and Title of Certifying Officer: Thomas A. Williams Title Supervisor Name of Responsible Entity: Town of Cortlandville Address (e.g., Street No. or P.O. Box): 3577 Terrace Road Co/C/TN, State, Zip Code+4: Cortland NY 13045 Telephone Number of Responsible Entity: (607) 756-6091 It is the finding of the Town of Cortlandville that the activity(ies) proposed in its 2021 NYS CDBG Na11e11 nxr, rrcnnxeaMI'll FI�1 m project, Cortlandville Housing Rehabilitation Program 2021 are: Check the applicable classification: ❑ Exempt as defined in 24 CFR 58,34 (a). ❑ Categorically Excluded as defined in 24 CFR 58.35(b). ❑ Categorically Excluded as defined in 24 CFR 58.35(a) and no activities are affected by federal environmental statutes and executive orders (i.e., exempt under 58.34(a)(12)]. Categorically Excluded as defined in 24 CFR 58.35(a) and some activities are affected by federal environmental statutes and executive orders. If neither exempt (24 CFR 58.34(a) nor categorically excluded (24 CFR 58.35(a) and (b) can be checked, Form 2-6 Environmental Assessment will be required. ❑ Part or all of the project is located in an area identified as a floodplain or wetland. For projects located in a floodplain or wetland, evidence of compliance with Executive Orders 11988 and/or 11990 is required. ❑ Affidavit of publication for Early Notice and Public Review of Proposed Activity Located in the 100 Year Floodplain attached ❑ Affidavit of publication for Final Notice and Public Explanation of Proposed Activity Located in the 100 Year Fl plain attached Signahue of Certifying Officer Office of Community Renewal (10/2014) Form 2-4 NEPA Classification Checklist CDBG Project Number: 287HR317-21 Date April 9,202: Name and Title of Certifying Officer: Thomas A. Williams Title Supervisor Name of Responsible Entity: Town of Cortlandville Address (e.g., Street No. or P.O. Box): 3577 Terrace Road Co/C/T/V, State, Zip Code+4: Cortland Nry 13045 Telephone Number of Responsible Entity: (607) 756-6091 Exempt Activities (24CFR58.34) Select only one or more of the following that apply: Environmental and other studies, resource identification and development of plans and strategies [5834(a)(1)]. Information and financial services [58.34(a)(2)]. zAdministration and management activities [58.34(a)(3)]. Public services that will not have a physical impact or result in physical changes, such as services concerned with employment, crime prevention, child care, health, drug abuse, education, counseling, energy conservation and welfare or recreational needs [58.34(a)(4)]. Inspections and testing of properties for hazards or defects [58.34(a)(5)]. Purchase of insurance [58.34(a)(6)]. ❑ Purchase of tools [58.34(a)(7)]. Engineering or design costs [58.34(a)(8)]. Technical assistance and training [58.34(a)(9)]. Assistance for temporary or permanent improvements that do not alter enviromnental conditions and are limited to protection, repair or restoration activities necessary only to control or arrest the effects from physical disasters, irmninent threats or physical deterioration [58.34(a)(10)]. ❑ Payment of principal and interest on Ioans made or obligations guaranteed by HUD [58.34(a)(I 1)]. ❑ Any of the categorical exclusions listed in 58.35(a), provided that there are no circumstances which require compliance with any othertitral laws and authorities cited in 58.5 [58.34(a)(12). Signatture of Certifying Officer Page I of Office of Community Renewal (10/2014) Fonn 2-4 NEPA Classification Checklist CATEGORICALLY EXCLUDED ACTIVITIES [24 CFR 58.35(a)] Activities in this section require compliance with related laws and authorities at 24 CFR 58.5 and 58.6 Select only one of the following: ❑ Acquisition, repair, construction, reconstruction, rehabilitation or installation of public facilities and improvements (other than buildings) when the facilities and improvements are in place and will be retained in the same use without change in size or capacity of more than 20 percent. Examples of this type of activity include replacement of water and sewer lines, reconstruction of curbs and sidewalks, street repaving [58.35(a)(1)]. Special projects directed to the removal of material and architectural barriers that restrict the mobility of and accessibility to elderly and handicapped persons [58.35(a)(2)]. Rehabilitation of buildings and improvements for residential use (with one to four units), where tie density is not increased beyond four units, the land use is not changed, and the footprint of the building isn't increased in a floodplain or in a wetland [58.35(a)(3)(i)]. ❑ Rehabilitation of multifamily residential buildings (with five or more units), when the following conditions are met: a) unit density is not changed more than 20 percent, b) the project does not involve changes in land use from residential to non-residential; and c) the estimated cost of rehabilitation is less than 75 percent of the total estimated cost of replacement after rehabilitation [58.35(a)(3)(ii)]. ❑ Rehabilitation of non-residential structures, including commercial, industrial, and public buildings when the following conditions are met: a) the facilities and improvements are in place and will not be changed in size or capacity by more than 20 percent, and b) the activity does not involve a change in land use, such as from non-residential to residential, commercial to industrial or from one industrial use to another [58.35(a)(3)(iii)]. ❑ An individual action on up to four dwelling units [not including rehabilitation (see 58.35(a)(3)(i) above)] where there is a maximum of four units on any one site. The units can be four one -unit buildings or one four -unit building or any combination in between [58.35(a)(4)(i)]. ❑ Acquisition (including leasing) or disposition of an existing stricture, equity loans on an existing structure, or acquisition (including leasing) of vacant land provided that the structure or land acquired, financed or disposed of will be retained for the same use [58.35(a)(5)]. ElAny combination of the above activities [58.35(a)(6)]. i Signature of Certifying Officer 287H R317-21 Page 2 of 3 Office of Community Renewal (10/2014) Fonn 2-4 NEPA Classification Checklist CATEGORICALLY EXCLUDED ACTIVITIES [24 CFR 58.35(b)] Activities in this section require compliance with related laws and authorities at 24 CFR 58.6 only* Select only one of the following: ❑ Tenant -based rental assistance [58.35(b)(1)]. ❑ Supportive services including, but not limited to, health care, housing services, permanent housing placement, day care, nutritional services, short -tetra payments for rent/mortgage/utility costs, and assistance in gaining access to local, state and federal government benefits and services [58.35(b)(2)]. ❑ Operating costs including maintenance, equipment, supplies, staff training, staff recruitment, security, operation, utilities, furnishings and other incidental costs [58.35(b)(3)]. ❑ Economic development activities, including but not limited to, equipment purchase, inventory financing, interest subsidy, operating expenses and similar costs not associated with construction or expansion of existing operations [58.35(b)(4)]. Activities to assist liomebuyers to purchase existing dwelling units or dwelling units under construction**, including ❑ closing costs and down payment assistance, interest buy downs, and similar activities that result in the transfer of title [58.35(b)(5)]. ❑ Affordable housing pre -development costs including legal, consulting, developer and other costs related to obtaining site options, project financing, administrative costs and fees for loan commitments, zoning approvals, and other related activities which do not have a physical impact [58.35(b)(6)]. ❑ Approval of supplemental assistance (including insurance or guarantee) to a project previously approved under this part, if the approval is made by the same responsible entity that conducted the environmental review on the original project and re-evatuation of the enviromnental finding is not required under 58.47 [58.35(b)(7)]. *If a responsible entity determines that an activity or project identified above, because of extraordinary circumstances or conditions at or affecting the location of the activity or project may have a significant environmental effect, an environmental assessment must be prepared and a determination of significance made. **This exclusion applies only to financial assistance for purchase of existing for -sale homes or homes under construction. Homebuyer assistance for units not tinder construction is classified as Categorically Excluded. In all cases, for this exclusion to ap ly, the prospective buyer must have discretion regarding selection of properties within the target area. �: Sigha> re of Certifying Officer 287HR317-21 Page 3of3 Office ofCommunity Renewal (totzo14) FORM 2-3A CERTIFICATION OF SEQRA CLASSIFICATION CDBG Project Number: 287ER317-21 Date April 9, 2022 Name and Title of Certifying Officer: Thomas A. Williams Title Supervisor Name of Responsible Entity: Town of Cortlandville Address (e.g., Street No. or P.O. Box): 3577 Terrace Road Co/C/TN, State, Zip Code+4: Cortland Telephone Number of Responsible Entity: (607) 756-6091 NY 13045 It is the finding of the Town of Cortlandville that the activity(ies) proposed in its 2021 NYS CDBG Nnni��rrnac cnnr e.;nin„' pwi no Yrar project, Cortlandville Housing Rehabilitation Program 2021 are: R"'ft " Check the applicable classification: ❑ Type I Action (6NYCRR Section 617.4) ❑ Identify the Lead Agency ❑ Evidence of Lead Agency Declaration and Consent attached ❑ Copy of Environmental Notices Bulletin attached ® Type II Action (6NYCRR Section 617.5) ❑ Unlisted Action (not Type I or Type II Action) ❑ Identify the Lead Agency ❑ Evidence of Lead Agency Declaration and Consent attached Check if applicable: ❑ Environmental Impact Statement (EIS) Prepared ❑ Draft EIS ❑ Final EIS v Signature of Certifying Officer Office of Connnunity Renewal 12/2015) Form 2-5 Statutory Checklist Environmental Review for Activity/Project that is Categorically Excluded Subject to Section 58.5 Pursuant to 24 CFR 58.35(a) Pr•oiect Information Cot flandviIle Town Rehabilitation Program 2021; 287HR317-21 Project Name & CDBG No.: Town of Cortlandville Responsible Entity: Town of Cortlandville Grant Recipient: State/Local Identifier: Throat Development Consultants Preparers Certifying Officer Name and Title: Thomas A. Williams; Supervisor Thoma Development Consultants Consultant (if applicable): 3577 Terrace Road, Cortland, NY 13045 Direct Comments to: Project Location: Town -wide, Town of Cortlandville Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: trhe Town of Cortlandville will use $500,000 in NYS CDBG funds, and $15,200 in Weatherization assistance to rehabilitate 15, owner ccupied homes with 38 lower income residents. Assistance will be provided in the form of deferred payment loan to eligible homeowners o make code health and safety, weatherization, and energy efficiency repairs to their homes. Priority for assistance will be provided to the frail elderly, disabled and veterans. Level of Environmental Review Determination: Categorically Excluded per 24 CFR 58.35(a), and subject to laws and authorities at §58.5: 58.35(a)(3)(i) Funding Information Grant Number 287HR317-21 Federal/State/Other Program CDBG Weatherization Estimated Total HUD Funded Amount: $500,000 Estimated Total Project Cost (HUD and non -HUD funds) [24 CFR 58.32(d)]: Fording Amount 1 $500o001 $15:2001 11 $515,200.00 2-5 Statutory Checklist Page 1 of 4 9/2014 Compliance with 24 CFR 50.4, 58.5. and 58.6 Laws and Authorities Record below the compliance or conformance determinations for each statute, executive order, of regulation. Provide credible, traceable, and supportive source documentation for each authority. Where applicable, complete the necessary reviews or consultations and obtain or note applicable permits of approvals. Clearly note citations, dates/names/titles of contacts, and page references. Attach additional documentation as appropriate. I Compliance Factors: Statutes, Are formal Compliance determinations Executive Orders, and Regulations compliance steps listed at 24 CFR §58.5 and §58.6 or mitigation required? STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50A and 58.6 Airport Hazards Yes No There is no FAA commercial or military airport clear zone in or adjacent to the 24 CFR Part 51 Subpart D ❑ F&/] Town Coastal Barrier Resources Yes No Review of the Department of State's Coastal Boundary Map reveals that the Coastal Barrier Resources Act, as Town is not in a Coastal Zone. amended by the Coastal Barrier ❑✓ Improvement Act of 1990 [16 USC 3501] Flood Insurance Yes No Flood insurance will be required for properties in a flood zone. The Town will Flood Disaster Protection Act of 1973 to the FEMA FIRM map. and National Flood Insurance Reform Elrefer Act of 1994 [42 USC 4001-4128 and 42 USC 5154a] Clean Alt- Yes No No RACM removal is anticipated, but if found, it will be removed properly. Clean Air Act, as amended, particularly section 176(c) & (d); 40 ❑ CFR Parts 6, 51, 93 Coastal Zone Management Yes No Review of the Department of State's Coastal Boundary Map reveals that the Coastal Zone Management Act, 1-1Town is not in a Coastal Zone. sections 307(c) & (d) Contamination and Toxic Yes No Program will not rehab multifamily housing with more than 4 units or Substances El1 non-residential structures. 24 CFR Part 50.3(i) & 58.5(i)(2) Endangered Species Yes No The project scope will not impact any endangered species. Endangered Species Act of 1973, Elparticularly Rl section 7; 50 CFR Part 402 Explosive and Flammable Hazards Yes No No new construction, conversion of nonresidential to residential, rehab of vacant 24 CFR Part 51 Subpart C ❑ r1 structures, or unit increase Farmlands Protection Yes No Program will not convert farmland. Farmland Protection Policy Act of 1981, particularly sections 1504(b) and El ❑✓ 1541; 7 CFR Part 658 Floodplain Management Yes No Flood insurance will be required for properties in a flood zone. The Town will Executive Order 11988, particularly refer to the FEMA FIRM map. section 2(a); 24 CFR Part 55 n ✓ Historic Preservation Yes No The Town will consult with SHPO and THPO (if ground disturbance) before National Historic Preservation Act of 1966, particularly sections 106 and ❑✓ El beginning any rehabilitation work. 110; 36 CFR Pant 800 2-5 Statutory Checklist Page 2 of 4 9/2014 Noise Abatement and Control Yes No rhete will be only temporary noise dating construction. Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978; El ❑✓ 24 CFR Part 51 Subpart B Sole Source Aquifers Yes No Rehabilitation projects located over a sole source aquifer are excluded from Safe Drinking Water Act of 1974, as review with the EPA. amended, particularly section 1424(e); El Fs/1 40 CFR Part 149 Wetlands Protection Executive Order 11990, particularly sections 2 and 5 Wild and Scenic Rivers Wild and Scenic Rivers Act of 1968, particularly section 7(b) and (c) ENVIRONMENTAL JUSTICE. Environmental Justin Executive Order 12898 Yes No No new construction, site excavation, fill, grading, or any other "regulated ❑ ❑ activity" under 6 NYCRR 663 will occur in a welland area. No Wild or Scenic Rivers located in the Town. Yes No El 21 fYes gi No This proam will be consistent, as far as inactical, with the principles of ❑ IEnviromnental Justice and the EO. STATE OR LOCAL STATUTES (to be added by Responsi ale Entity State Historic Preservation Office Yes No All properties will be individually reviewed with SHPO before any (SHPO) Section 14.09 of the New rehabilitation work commences (see SHPO letna). York State Historic Preservation Act ❑✓ El State Environmental Quality Review Act Yes No The Program is classified as Type H under SEQRA. (SEQRA) 6 NYCRR Part 617 ❑ Coastal Zone Management Act (CZMA) Yes No fhe Town is not located in a Coastal Zone Area, 19NYCRR Part 600 ❑ Yes No El El Field Inspection (Date and completed by): 7'homs Development Consultants, 3/14/2022 Summary of Findings and Conclusions: the intent of the Towns program is to provide safe mid habitable dwelling units for owner occupied properties inhabited by lower income home owners. There .vill be little impact to the enviromnent, and if any, impacts will be positive. 2-5 Statutory Checklist Page 3 of 4 9/2014 Mitigation Measures and Conditions 140 CFR 1505.201 Summarize below all mitigation measures adopted by the Responsible Entity to reduce, avoid, or eliminate adverse environmental impacts and to avoid non-compliance or non-confortuance with the above -listed authorities and factors. These measures/conditions most be incorporated into project contracts, development agreements, and other relevant documents. The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law, Authority, or Factor Mitigation Measure State historic Preservation Office Consultation required on each property before beginning rehabilitation. f ribal Historic Preservation Consultation with THPO's for projects involving ground disturbance. Determination: This categorically excluded activity/project converts to EXEMPT per Section 58.34(a)(12), because it does not require any mitigation for compliance with any listed statutes or authorities, nor requires any formal permit or license; Funds may be committed and drawn down after certification of this part for this (now) EXEMPT project; OR F✓ This categorically excluded activity/project cannot convert to Exempt status because one or more statutes or authorities listed at Section 58.5 requires formal consultation or mitigation. Complete consultation/mitigation protocol requirements, publish NOl/RROF and obtain "Authority to Use Grant Funds" (HUD 7015.16) per Section 58.70 and 58.71 before committing or drawing down any funds; OR This project is not categorically excluded OR, if originally categorically excluded, is now subject to a full livironmental Assessment according to Part 58 Subpart E due to extraordinary circumstances (Section 58.35(c)). Preparer Signature: Daniel Ellis, Program Manager, Thelon Development Consultants Name/Title/Organization: r RcsponsibjeEmity Age�tc ,Official Signature: ,-' , AA vh— Name/Title: Thomas A, Williams, Supervisor Date: 4/9/2022 Date: 4/9/2022 _ This original, signed document and related supporting material must be retained on file by the Responsible Entity in an Environmental Review Record (ERR) for the activity/project (ref: 24 CFR Part 58.38) and in accordance with recordlceeping requirements for the HUD prograni(s). 2-5 Statutory Checklist Page 4 of 4 9/2014