Legal Notices

City of New York – Department of Housing Preservation & Development Final Notice and Public Explanation of a Proposed Activity in the 100-Year Floodplain, Notice of Finding of No Significant Impact (FONSI) and Intent to Request Release of Funds

To: All interested Agencies, Groups and Individuals

This is to give notice that the New York City Department of Housing Preservation & Development (HPD) intends to provide construction financing made available through the United States Department of Housing and Urban Development’s (HUD) Section 8 Project-Based vouchers (PBVs) from the Project-Based Section 8 Housing Assistance Payments Program, to be allocated by HPD or NYCHA, funding through the HOME Investment Partnership Program, Community Development Block Grant Disaster Recovery (CDBG-DR) allocated by New York City Office of Management (NYC OMB) and/or Mortgage Insurance from HUD’s Risk Sharing program, to be allocated by the New York City Housing Development Corporation, in connection with the below-referenced project. The requested funding would result in redevelopment being undertaken within the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area (100-year floodplain). This notice is required by Section 2(a)(4) of Executive Order 11988 for Floodplain Management, as implemented by HUD Regulations found at 24 CFR 55.20(b), for HUD actions that are within and/or affect a 100-year floodplain or wetland. The project described below is subject to the notice requirement.

Luna Park Towers

The proposed project, Luna Park Towers, includes the construction of a new 23 story residential building with 281 units of affordable senior housing at 3027 West 21st Street (Block 7072, Lot 4) on an approximately 0.65 acre site in the Special Hazard Flood Area in the Coney Island neighborhood of Brooklyn. The proposed project would be developed through HPD’s Senior Affordable Rental Apartments (SARA) program. All 282 units would receive PBVs and be affordable to senior households at 50% AMI or below.

Public Explanation of a Proposed Activity in the 100-Year Floodplain: For the proposal described above, HPD has carried out the procedures required by Executive Order 11988 on Floodplain Management, including a consideration of alternatives to avoid adverse effects and incompatible development in the floodplain. HPD has determined that the developments in the floodplain are unavoidable.

HPD proposes to support the proposed action because there is no practicable alternative to develop the project totally outside the floodplain. To minimize potential harm to the floodplain, the following mitigation measures, developed through coordination with the New York City Department of Buildings, will be implemented by the project sponsors:

Owners of HUD-assisted properties that are located within Special Flood Hazard Areas are required to purchase and maintain flood insurance protection as a condition of approval of any HUD financial assistance for proposed construction. HPD will ensure that flood insurance is purchased before closing for this project. To minimize potential harm to the floodplain, the proposed project will be required to comply with Appendix G “Flood Resistant Construction” of the NYC Building Code for construction within the 100-year floodplain in effect at the time of building construction. In addition, the following design measures will be implemented by the project sponsor:

Luna Park Towers

The Proposed Project will floodproof any rooms that contain critical building features within the ground floor level, or where possible elevate these critical features to upper levels to protect the normal operation within the building in the event of future flooding events.

The mitigation and resiliency strategy for the Proposed Project principally relies on raised entrances to the DFE. The freeboard for this project is 2.00 feet, establishing the DFE at 13.00 feet (NAVD88 Datum). The residential lobby will be designed to be located at the DFE, above anticipated flood water levels, and to preserve emergency egress from the building during a flood event. The first floor of the building will be raised out of the floodplain and a number of schematic flood mitigation measures are incorporated into the design of the building.

This finding and its publication completes the compliance with the public notice requirements for Executive Orders 11988 for Flood Plain Management.

Finding of No Significant Impact (FONSI):

An environmental review record was established for the proposals in accordance with 24 CFR 58.76 and is on file at HPD. Based on this review, it has been determined that the proposed project will not constitute an action significantly affecting the quality of the environment and, accordingly, the City of New York has decided not to prepare an Environmental Impact Statement (EIS) under the National Environmental Policy Act of 1969. The reasons for the decision not to prepare an EIS are as follows:

1. There are no significant adverse unmitigated physical impacts, either direct or indirect, associated with the proposed project;

2. There are no significant adverse social impacts, either direct or indirect, associated with the proposed project; and

3. There are no significant adverse economic impacts, either direct or indirect, associated with the proposed project.

The environmental review record established for the project is on file at HPD, Office of Development, Environmental Planning Unit, 100 Gold Street, 7th Floor, New York, New York 10038. Comments and/or objections to the obligation of funds for the aforementioned project must be submitted to HPD electronically via email to nepa_env@hpd.nyc.gov or through the mail to the above address on or before the 15th day following the publication date of this notice. No comments or objections received after this date will be considered by HPD.

Intent to Request Release of Funds:

The proposed activities require an Environmental Assessment (EA), as identified in HUD environmental regulations found under 24 CFR Part 58.36. The City of New York will certify to HUD in its request for release of funds that the City and HPD’s Commissioner, in his official capacity as certifying officer, consents to accept 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.

Environmental review records established for this project is on file at HPD, Office of Development, Building and Land Development Services - Environmental Planning. Comments and/or objections to the disposition/ obligation of funds for the aforementioned project must be submitted to HPD electronically via email to nepa_env@hpd.nyc.gov on or before the 15th day following the date of this notice for all other project listed. Only comments related to the environmental review will be considered. No comments or objections received after this date will be considered by HPD.

Objection to Request Release of Funds:

HUD will accept objections to its release of funds and the RE’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 objections are on one of the following bases: (a) the certification was not executed by the Certifying Officer of HPD; (b) the RE 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 has committed funds or incurred costs 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) and shall be addressed to Luigi D’Ancona at NY_PH_Director@hud.gov. Potential objectors should contact HUD to verify the actual last day of the objection period.