Environmental Assessment Determinations and Compliance Findings for HUD-assisted Projects 24 CFR Part 58

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1 ANDREW M. CUOMO Governor JAMES S. RUBIN Commissioner/CEO Environmental Assessment Determinations and Compliance Findings for HUD-assisted Projects 24 CFR Part 58 Project Information Project Name & SHARS No.: HfHCD 2015 HOME LPA Program Responsible Entity: New York State Homes and Community Renewal Grant Recipient: Capital District Habitat for Humanity, Inc. State/Local Identifier: M-14-SG Preparer: Tectonic Engineering and Surveying Consultants, P.C. Certifying Officer Name and Title: Heather Spitzberg, Director Environmental Analysis Unit Consultant (if applicable): Tectonic Engineering and Surveying Consultants, P.C. Direct Comments to: Heather Spitzberg State Street Albany, NY (518)

2 Page 2 of 42 (plus 629 pages of attachments) Project Location: The proposed project will occur at the following parcels in the City of Albany, Albany County, New York and the City of Troy, Rensselaer County, New York: Troy, Rensselaer County, NY Tax Map # 79 5th Ave th Ave Albany, Albany County, NY Tax Map # 230 Orange St Orange St Orange St Orange St Delaware St Delaware St Delaware St Delaware St These parcels will be referred to as the Project Sites within this report. Project locations and site plans are attached hereto as Appendix A. Description of the Proposed Project [24 CFR & 58.32; 40 CFR ]: The proposed project consists of the new construction of ten (10), new, single-family units in the cities of Albany and Troy. The homes will then be sold to lower-income, first time homebuyers through a third-party lender with a low-interest mortgage, and at no profit to HfHCD. HOME funds will be used as a construction subsidy, and will enable HfHCD to pay down the construction financing from First Niagara Bank. HOME funds will cover a portion of each unit's hard construction costs, such as building materials. Based on the description of program, new construction will be conducted at each location, which in one instance includes demolition (70 Delaware Street involves demolition of a garage and shed) and may include digging new utility trenches. Zone changes, special use permits or subdivision approvals may be required for each location. Statement of Purpose and Need for the Proposal [40 CFR (b)]: This project aims to re-develop mixed-income neighborhoods, with HOME-assisted units targeting households between 30% and 80% of the area median income (AMI). The homes will be sold to qualified applicants. To be accepted into the program, applicants must demonstrate a need for housing (i.e. cost-burdened by rent, overcrowding or unsafe living conditions), an ability to repay an affordable mortgage, and the willingness to partner with HfHCD through completing a minimum of 250 hours of "sweat equity" as well as pre-purchase and financial literacy counseling. This project is a continuation of HFHCD s past neighborhood revitalization initiatives. The project will include four houses in the Albany s Sheridan Hollow neighborhood, four houses in Albany s South End neighborhood,

3 Page 3 of 42 (plus 629 pages of attachments) and two houses in Troy s North Central neighborhood. By continuing to invest in these neighborhoods, HfHCD is continuing to model redevelopment of these neglected neighborhoods. The need for this program is supported by the existing conditions and trends for the neighborhoods chosen. The Sheridan Hollow neighborhood area currently has a high rate of poverty, high vacancy housing rates, an aging housing stock, and minimal homeownership. The South End neighborhood in Albany has a large number of older, vacant residential buildings, excess neighborhood retail space, a declining population, of endemic poverty, and aging infrastructure. The Project Sites in Troy, NY is an area in which 52% of the population lives below the poverty level. The conditions of these neighborhoods justify the need to provide affordable housing to applicants who are also in need. Existing Conditions and Trends [24 CFR 58.40(a)]: The Sheridan Hollow neighborhood sits in the shadows of Albany s state office buildings, downtown core, and nearby thriving neighborhoods. The Sheridan Hollow neighborhood area currently has a high rate of poverty, high vacancy housing rates, an aging housing stock, and minimal homeownership. 58.4% of the total housing units within this area were built before 1960 and 43.4% were built prior to Thus, the infrastructure is aging and there is a need for new and affordable housing. In addition to the aging housing stock, the area has little homeownership, with 81.2% of residents living in renter-occupied space. Over 25% of the properties in this area are vacant, 45% of the Sheridan Hollow neighborhood residents live below the poverty line, and 40.7% of the residents are unemployed. According to a report published by the University at Albany s 2010 Planning Studio, over 10% of the tax parcels in the Sheridan Hollow neighborhood are devoted to surface parking, 26% are vacant lots with no existing structures or improvements, and 33% had a significant presence of litter. At the time of the report, sixty-one (61) buildings were vacant, twenty (20) were substantially deteriorated and three (3) were dilapidated. Seventeen (17) buildings were visibly for sale and sixty-seven (67) buildings were boarded up. Most of the vacancies were concentrated along Sheridan Avenue and Orange Street. The South End neighborhood in Albany is described in the Capital South Plan: SEGway to the Future (July 2007) as having a large number of older, vacant residential buildings, excess neighborhood retail space, a declining population, of endemic poverty, and aging infrastructure. The income levels of the households in this neighborhood composed of portions of Census Track 23 and 25, are low-moderate with nearly 80% of households earning below $50,000 in income and benefits per year (Rezoning Albany, 2012). This neighborhood is immediately south of the Albany downtown area. Given the Sheridan Hollow and South End neighborhoods proximity to the city center, investment in these neighborhoods presents a unique opportunity to imprint upon the area a renewed sense of community by way of an increased quality of life, additional affordable housing options, as well as an injection of improved infrastructure and new businesses for both those who live and work in its environment. The Project Sites in Troy, NY are located adjacent to Census Tract 404 which is described by the Troy Community Land Bank (TCLB) as an area in which 52% of the population lives below the poverty level. Improvement of the Project Sites near this area will enhance the streetscapes, improve property values, and improve quality of life issues as these areas are targeted for neighborhood diversification and stabilization over time (Troy Community Land Bank Corporation Annual Report). Sources: 1, 2, and 3 Funding Information

4 Page 4 of 42 (plus 629 pages of attachments) Grant Number HUD Program Funding Amount M-14-SG HOME $600,000 Estimated Total HUD Funded Amount: $600, Estimated Total Project Cost (HUD and non-hud funds) [24 CFR 58.32(d)]: $2,185, Compliance with 24 CFR 50.4, 58.5, and 58.6 Laws and Authorities has conducted a review for each of the compliance factors listed below and determined whether the activity affects the resources under consideration or whether formal compliance steps or mitigation is required. All compliance source documentation regarding the necessary reviews or consultation is attached to the Checklist and included in the ERR. Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR 58.5 and 58.6 Are formal compliance steps or mitigation required? Compliance Determinations STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 and 58.6 Airport Hazards 24 CFR Part 51 Subpart D Yes No There are no military airports within 15,000 feet of any of the project sites. Appendix Q. The nearest Civil Airport to the Project Sites is the Albany International Airport, located approximately 25,000 feet west of the Project Sites in Troy, NY (previously listed) and approximately 30,000 feet northwest of the Project Sites in Albany, NY (previously listed). The Civil airport is not within the threshold of 2,500 feet of the project site and does not trigger the need to conduct additional studies or actions to be taken. Therefore, no additional action is needed. An Airport Hazards worksheet is included in Appendix B. Sources: 41, 42, 43

5 Page 5 of 42 (plus 629 pages of attachments) Coastal Barrier Resources Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501] Flood Insurance Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 400single128 and 42 USC 5154a] Yes No No coastal barrier resources occur within or immediately adjacent to the Project Sites. Therefore, the proposed activities are consistent with this act, and no additional action is needed. Coastal maps and the Coastal Barrier Resources worksheet are included in Appendix C. Source: 32 Yes No Based on Flood Insurance Rate Maps 36001C0192D effective as of March 16, 2015, 36001C0194D effective as of March 16, 2015, and B effective as of March 18, 1980 the proposed project area is not located within a Special Flood Hazard Area. Proof of National Flood Insurance Program (NFIP) insurance is not required. See attached Flood Insurance Rate worksheet and map. Appendix D. Source: 36 STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 & 58.5 Clean Air Clean Air Act, as amended, particularly section 176(c) & (d); 40 CFR Parts 6, 51, 93 Yes No Ozone is created by emissions of volatile organic compounds (VOC) and nitrogen oxides (NO x). Both VOCs and NO x are emitted by transportation and industrial sources. The proposed project is intended for residential use and is unlikely to significantly impact air quality from emissions of VOCs or NO x. Since the proposed project is for residential use there will be no significant increase of traffic in the project area. The proposed project does not include the use or installation of stationary generators or any mobile generator that will be located in a single location for greater than twelve (12) months. Therefore, the EPA s Reciprocating Internal Combustion Engines (RICE) requirements do not apply to this project. The new construction would employ best management practices (BMP) to control dust and emissions, and it would not substantively affect the NY State

6 Page 6 of 42 (plus 629 pages of attachments) Implementation Plan (SIP). Minor air quality impacts would be short-term and localized. According to the USEPA Green Book Nonattainment Areas webpage ( Albany County and Rensselaer County are not in non-attainment or maintenance status for any criteria pollutants. This this project will be consistent with 40 CFR Part 6, 51 and 93, and no further action is required. An Air Quality worksheet is included in Appendix E. Source: 34 Coastal Zone Management Coastal Zone Management Act, sections 307(c) & (d) Contamination and Toxic Substances 24 CFR Part 50.3(i) & 58.5(i)(2) Yes No The Project Sites are not within NYS Coastal Zones according to the NYS Coastal Boundary Maps. Therefore, no further action is required. Coastal maps and the Coastal Zone Management Act worksheet is included in Appendix F. Source: 32 Yes No Phase I Environmental Site Assessments (ESAs) were conducted at each of the Project Sites listed above in order to identify recognized environmental conditions (RECs) in connection with the Project Sites. (Appendix G). A REC was identified onsite at and Delaware Street in Albany, NY. According to the ESA, 70 Delaware Street appeared to have been a historic automotive repair facility. Site observations for the ESA included a through wall fill pipe that may have been associated with an AST or UST, in addition to debris associated with an automobile repair facility (tires, automotive parts, anti-freeze containers, etc.). An offsite REC was identified at an operating auto garage adjacent to 70 Delaware Street that was cross gradient of the Site. A ground intrusive investigation was recommended for these Project Sites due to the identified RECs.

7 Page 7 of 42 (plus 629 pages of attachments) A REC was identified onsite at th Avenue in Troy, NY. According to the ESA, these Project Sites were previously the location of a foundry from approximately 1885 to Historical activities associated with the foundry included the use of solvents, degreasers, heavy metals, etc. Two offsite RECs were identified near th Avenue in Troy, NY. According to the ESA, th Avenue (upgradient of the Site) was a historic drycleaner, and th Avenue (upgradient of the Site) was listed as an auto repair facility. A ground intrusive investigation was recommended for these Project Sites due to the identified RECs. No REC s were identified in the ESA conducted at Orange Street in Albany, NY. No further investigation was recommended at these Project Sites. A Phase II ESA was conducted at 70 Delaware Street in Albany, NY. According to the Phase II ESA, field observations and analytical results documented no impacts to the Albany sites related to the current and historical operations of the on-site and off-site RECs as noted in Phase I ESAs. No further action was recommended at the Albany Sites. (Appendix G) A Phase II ESA was conducted at th Avenue in Troy, NY. Based upon the analytical results, the elevated metals in soil analytical was believed to be due to impacts from the historical operations of the brass foundry noted as an on-site REC identified in the Phase I ESA at th Avenue in Troy, NY. Proper characterization and disposal of all excavated soil is recommended at the Project Site at th Avenue in Troy, NY All recommendations for this location will be complied with, as asserted in the Construction Specification Letter annexed hereto as Appendix H.

8 Page 8 of 42 (plus 629 pages of attachments) Due to the results of the Phase I and Phase II ESAs, and the lead analysis conducted at each Project Site, mitigation measures should be undertaken in order for the Project Sites to comply with 24 CFR Part 50.3(i) and 58.5(i)(2). Phase I and Phase II ESA documentation are included in Appendix G. Mold The project sites do not involve rehabilitation of existing structures; however, the building materials or areas where the newly constructed buildings may become contaminated with mold if not properly protected from the elements or water infiltration. In the event that this occurs, the sponsor must submit a final clearance report that demonstrates that all mold contamination was properly removed. A licensed mold assessor must complete the clearance and submit this report. Construction Specification Letter annexed hereto as Appendix H. Lead Based Paint The project sites were previously improved and it is possible that debris containing lead based paint (LBP) may remain in the soil. Additionally, demolition of an existing building will be required for this program. Lead in soil test results and construction specifications will be submitted to the EAU indicating that all work will comply with the procedures outlined in HUD s Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, Fugitive dust control measures will be implemented during project demolition and excavation. If soil tests reveal lead soil concentrations above regulatory standards, the specifications would apply mitigation until soil lead levels are demonstrated to be below regulatory standards. All testing and mitigation/remedial measures would be conducted prior to occupancy. If construction is phased, then test results must be forwarded to the case manager prior to occupancy of each building.

9 Page 9 of 42 (plus 629 pages of attachments) Soil Samples were collected from each Project Site and analyzed for lead. All locations had lead at levels detected above the Unrestricted Use-Residential Soil Cleanup Objective (SCO) of 63 parts per million (ppm) as per NYCRR Part (a). All ten (10) Project Sites had lead at levels detected above the Restricted Use- Residential SCO of 400 ppm as per NYCRR Part (b). (Appendix I) All project work will comply with the HUD Guidelines and the excavation contractor will be required to follow the project Guidance on Specifications on Interim Control of Soil Lead Hazards. The top 12 inches of all existing soil will be replaced with clean soil. Construction Specification Letter annexed hereto as Appendix H. Radon According to the New York- EPA Map of Radon Zones these project sites are located in an area with a high potential for radon levels to exceed the EPA action level for residential construction annexed hereto as Appendix J. A passive soil depressurization system must be incorporated into the building designs in accordance with ASTM a Standard Practice for Radon Control Options for the Design and Construction of New Low-Rise Residential Buildings. Radon testing must be conducted when the construction is complete. A thirdparty air-monitoring contractor must complete the final testing/clearance with results certified by an authorized testing laboratory. If testing indicates that the radon level exceeds the EPA action level, an active fan, complete with alarm system, will be installed and re-tested prior to occupancy to determine that radon levels are being maintained below recommended limits. If a passive mitigation system was not included in the design, a radon mitigation system must be retrofitted into the building with the

10 Page 10 of 42 (plus 629 pages of attachments) project sponsor responsible for all costs and the building must be re-tested. Asbestos The project sites were previously improved and it is possible that asbestos containing materials (ACM) may remain in the soil from the time of demolition. All work will comply with the procedures outlined in NYS Department of Labor Regulations at 12 NYCRR Part 56, including amendments. Fugitive dust control measures will be implemented during project demolition and/or excavation. All discovered ACM debris shall be properly disposed of in accordance with NYSDEC and NYSDOL rules and the handling, transportation and disposal of ACM will be completed by certified entities. For the project site located at 70 Delaware Street, Albany, NY requiring demolition, an ACM pre-demolition survey has been prepared by a properly qualified entity. All ACM must be removed and cleared in accordance with NYSDOL Part 56, with the clearance conducted by a qualified entity that is independent from the entity conducting the ACM work. Asbestos Containing Materials Pre-Demolition Survey annexed hereto as Appendix K. Sources: 56, 57, 58, 59, 60

11 Page 11 of 42 (plus 629 pages of attachments) Endangered Species Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402 Yes No The project will have No Effect on federally listed species and designated critical habitat. Habitat for Humanity Capital District (HfHCD) plans to develop vacant urban lots in the cities of Albany and Troy into new, single-family units. The United States Fish and Wildlife Services Trust Resource List for the project area indicate that the Northern Long-eared Bat (Myotis septenrionalis) should be considered in an effects analysis for the project area (Appendix L). Upon providing an analysis of possible effects, the USFWS acknowledged receipt of a no effect determination for this project. The USFWS recommended that copies of the no effect determination and supporting materials be provided to any involved Federal agency for their final ESA determination. According to a project review conducted by the New York State Natural Heritage Program (NYSNHP) (Appendix L), two New York State listed species have been documented within 0.5 miles and 0.3 miles, respectively, of the Project Sites: Fish: Shortnose Sturgeon-Endangered Bird: Bald Eagle- Threatened One species was identified as being rare: Fresh Water Mussels: Alewife Floater However, the Project Sites are either paved urban lots, developed urban lots with no large vegetation/trees, or vacant urban lots with no large vegetation/trees. Further, none of the Project Sites are waterfront properties or involve discharge to waterbodies as stated in the Stormwater Management letters annexed hereto in Appendix L. A No effect/unlikely to disturb nesting Bald Eagles determination was made for the New York State Listed Species, Bald Eagle. A

12 Page 12 of 42 (plus 629 pages of attachments) survey was completed by a Wildlife Biologist dated January 18, 2017 that supports this determination. The letter is annexed hereto in Appendix L. Therefore, the project activities will have no effect on the New York State listed aquatic species previously discussed, and are in compliance with 50 CFR 402. No further action is required. Source: 30, 41, 42, 43

13 Page 13 of 42 (plus 629 pages of attachments) Explosive and Flammable Hazards 24 CFR Part 51 Subpart C Yes No A Thermal Explosive Hazards Survey was conducted on May 11, 2016, in accordance with the HUD guidance, the report and worksheet is included in Appendix M. A major oil storage facility with numerous ASTs is located in the Port of Albany was identified as potentially being within 0.5 to 1 mile from the Project Sites at and Delaware Street in Albany, NY. The Thermal Explosives Hazards Survey did not identify any other evidence of outdoor aboveground tanks that: 1.) Store flammable or explosive gasses; 2.) Exceed 100 gallons and store flammable or explosive liquids within the 1,000-foot radius of the sites; or 3.) Exceed 20,000 gallons and store flammable or explosive liquids within 1.0 mile of any of the project sites. The distances from the Sites to the closest Port of Albany storage tanks are beyond the HUD Acceptable Separation Distance (ASD) as determined by the ASD Electronic Assessment Tool used in the analysis conducted on January 17, This assessment, along with maps and the ASD calculation tool results are included in Appendix M. Therefore, no separation distance requirements would apply and all of the project sites are in conformance with 24 CFR Part 51 Subpart C, no further action is required. Sources: 61, 62, 63

14 Page 14 of 42 (plus 629 pages of attachments) Farmlands Protection Farmland Protection Policy Act of 1981, particularly sections 1504(b) and 1541; 7 CFR Part 658 Yes No Funding for this program is to construct ten (10), new, single-family units in the cities of Albany and Troy. According to the USDA NRCS Web Soil Survey, the soil at each property is considered to be urban fill, and are not considered to be prime farmland. Therefore, the proposed activities are consistent with 7 CFR Part 658, and no further action required. The Farmlands Protection worksheet is included in and USDA NRCS Soil maps are included in Appendix N. Source: 35 Floodplain Management Executive Order 11988, particularly section 2(a); 24 CFR Part 55 Yes No None of the Project Sites are within a FEMA designated floodplain according to Flood Insurance Rate Maps 36001C0192D effective as of March 16, 2015, 36001C0194D effective as of March 16, 2015, and B effective as of March 18, Therefore, the proposed actions are consistent with 24 CFR Part 55, and no further action is required. The FEMA Firmettes for the Project Sites, and the Floodplain Management Worksheet are included in Appendix O. Source: 36 Historic Preservation National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800 Yes No The Project Sites have been reviewed in accordance with Section 106 of the National Historic Preservation Act of In addition, Façade Elevations Drawings were requested for 79 and 81 5 th Street Troy, NY Sites and reviewed for their consistency with neighboring buildings as those sites exist within a National Register Eligible Historic District. The façade elevation drawings were approved as being consistent with historic buildings which neighbor the project sites. Section 106 approval was obtained and final determination letters from the NYS Office of

15 Page 15 of 42 (plus 629 pages of attachments) Historic Preservation (SHPO) dated August 19, 2016, October 3, 2016, and October 6, 2016 indicate that the proposed construction at the project sites will have No Adverse Impact on cultural or historic resources. No further action is required. See SHPO findings, annexed hereto in Appendix P. The Stockbridge Munsee Mohican Tribe was contacted for both the project sites located in Albany and Rensselaer Counties. The New York State Tribal Historic Preservation Officer (THPO) determined that the tribe has no significant cultural resource concerns with this project. No further action is required. See the Stockbridge Munsee Mohican Tribe findings, annexed hereto in Appendix P. The Delaware Tribe of Indians was contacted for both the project sites located in Albany and Rensselaer Counties. The New York State Tribal Historic Preservation Officer (THPO) determined that the tribe has no significant cultural resource concerns with this project. No further action is required. See the Delaware Tribe of Indians findings, annexed hereto in Appendix P. The Saint Regis Mohawk Tribe was contacted for both the project sites located in Albany County. The New York State Tribal Historic Preservation Officer (THPO) determined that the tribe has no significant cultural resource concerns with this project. No further action is required. See the Saint Regis Mohawk Tribe findings, annexed hereto in Appendix P. If there is any unanticipated discovery of endangered or threatened species, cultural resources, soils contamination, or any other conditions affecting the factors, executive orders, stipulations, and/ or regulations discussed within this assessment, work shall

16 Page 16 of 42 (plus 629 pages of attachments) be halted immediately and the appropriate agency will be consulted before work can be resumed. Noise Abatement and Control Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978; 24 CFR Part 51 Subpart B Yes No Noise assessment studies were conducted on May 11 th, 2016 and December 7 th, 2016 for the project sites, in general accordance with 25 CFR Part 51 subparts B, C, and D found in Appendix Q along with the Noise Abatement and Control Worksheets. For the Project Sites located at 230, 232, 234, and 236 Orange Street, Albany, NY, potential noise generators were identified. These Project Sites are not within 1,000 feet of major roadways with 10,000 cars or more per day, however, they are within 3,000 feet of the Canadian Pacific Railway and are also within 15 miles of the Albany International Airport. Therefore, a Day/Night Noise Level (DNL) calculator was utilized to calculate the noise level from the railroads and the Airport at each of the Project Sites located at 230, 232, 234, and 236 Orange Street locations. Based upon the results of the DNL Calculator, all of these sites are below the 65-decibel level impact for the Canadian Pacific Railway and the Albany International Airport as demonstrated by the Noise Exposure and Land Use Map included in Appendix Q. For the Project Sites located 59, 61, 70, and 72 Delaware Street, Albany, NY, potential noise generators were identified. These Project Sites are not within 1,000 feet of major roadways with 10,000 cars or more, however, they are within 3,000 feet of the Canadian Pacific Railway and are also within 15 miles of the Albany International Airport. Therefore, a Day/Night Noise Level (DNL) calculator was utilized to calculate the noise level from the railroads and the Albany airport at each of the Project Sites located at 59, 61, 70, and 72 Delaware Street locations. Based upon the results of the DNL Calculator, all of these sites are below the

17 Page 17 of 42 (plus 629 pages of attachments) 65-decibel level impact for the Canadian Pacific Railway and the Albany International Airport as demonstrated by the Noise Exposure and Land Use Map included in Appendix Q. For the Project Sites located 79 and 81 5 th Avenue, Troy, NY, potential noise generators were identified. These Project Sites are within 1,000 feet of major roadways with 10,000 cars or more, and are within the critical distance of 15 miles of both the Schenectady County Airport and the Albany International Airport, however, they are not within 3,000 feet of a railroad. Therefore, a Day/Night Noise Level (DNL) calculator was utilized to calculate the noise level from the roads and airports at each of the Project Sites located at located 79 and 81 5 th Avenue. Based upon the results of the DNL Calculator, both sites are below the 65- decibel level impact for the roadways with 10,000 cars or more as well as for both airports identified as demonstrated by the Noise Exposure and Land Use Map included in Appendix Q. Therefore, all of the Project Sites are in conformance with 24 CFR Part 51, Subpart B, and no further action is required.

18 Page 18 of 42 (plus 629 pages of attachments) Sole Source Aquifers Safe Drinking Water Act of 1974, as amended, particularly section 1424(e); 40 CFR Part 149 Yes No The increase in construction will increase impervious surfaces. However, the project proposes to install drainage inlets as part of the stormwater management plan to manage the excess runoff that will be produced. Adequate Erosion and Sediment control measures will be implemented during construction activities to prevent erosion of site soils during construction. The Project Sites are not within the surficial bounds of a Sole Source Aquifer. Therefore, the proposed activities are consistent with 40 CFR Part 149, and no further action is required. The Sole Source Aquifer worksheet and map is included in Appendix R. Source: 38 Wetlands Protection Executive Order 11990, particularly sections 2 and 5 Yes No The Project Sites are not located on or immediately adjacent to federal or state designated wetlands, or state wetland buffers. Additionally, all project sites are previously improved, urban in-fill, residential lots with housing that has since been demolished and as a result, there are no possible wetland habitats on any of the Project Sites. Therefore, the proposed activities are in compliance with this section. No further action required. The Wetlands worksheet and applicable maps are included in Appendix S. Source: 30

19 Page 19 of 42 (plus 629 pages of attachments) Wild and Scenic Rivers Wild and Scenic Rivers Act of 1968, particularly section 7(b) and (c) Yes No The Project Sites are not located within close proximity of any Wild, Scenic or Recreational Rivers, or any rivers listed on the Nationwide Rivers Inventory list. There are no rivers on or immediately adjacent to the Project Sites. No impacts to Wild, Scenic or Recreational Rivers will occur from this project. The Wild and Scenic Rivers worksheet is included in Appendix T. ENVIRONMENTAL JUSTICE Environmental Justice Executive Order Sources: 25, 28 Yes No The proposed project sites are located in a potential Environmental Justice Area according to NYSDEC maps included in Appendix U. The project is intended to serve an existing need for affordable housing and is not expected to facilitate development that would result in disproportionate adverse environmental impacts on low income or minority populations. The project is consistent with the goals of Executive Order Source: 29

20 Page 20 of 42 (plus 629 pages of attachments) Environmental Assessment Factors [24 CFR 58.40; Ref. 40 CFR & ] has recorded below the qualitative and quantitative significance of the effects of the proposal on the character, features and resources of the project area. Each factor has been evaluated and documented, as appropriate and in proportion to its relevance to the proposed action. Verifiable source documentation has been provided and described in support of each determination, as appropriate. Credible, traceable and supportive source documentation for each authority has been provided. Where applicable, the necessary reviews or consultations have been completed and applicable permits of approvals have been obtained or noted. Citations, dates/names/titles of contacts, and page references are clear. Additional documentation is attached, as appropriate. All conditions, attenuation or mitigation measures have been clearly identified. Impact Codes: Use an impact code from the following list to make the determination of impact for each factor. (1) Minor beneficial impact (2) No impact anticipated (3) Minor Adverse Impact May require mitigation (4) Significant or potentially significant impact requiring avoidance or modification which may require an Environmental Impact Statement Environmental Assessment Factor LAND DEVELOPMENT Conformance with Plans / Compatible Land Use and Zoning / Scale and Urban Design Impact Code 1 Impact Evaluation All of the Project Sites are zoned as Residential-Vacant properties (City of Albany Assessors Department; Rensselaer County Assessors Department). The proposed action to build single-family homes on these parcels is consistent with the current zoning. According to the City of Albany Comprehensive Plan, Albany 2030, the creation of safe, livable, mixed-use and mixedincome neighborhoods is the top community priority. The proposed project reflects measures of the Albany 2030 plan such as vacant and abandoned property re-use, development of creative financing tools to encourage mixedincome housing, and encouraging mixed-income housing options throughout the City. Additionally, organizations in Troy, NY aim to redevelop the local area. For example, Troy Community Land Bank s mission is to acquire and redevelop vacant, abandoned, or under-utilized properties. The proposed project is compatible with local plans, current land use and zoning, and with the scale of the surrounding properties. Sources: 1, 2, 3, 12, 13, 19, 20, 21, 22

21 Page 21 of 42 (plus 629 pages of attachments) Soil Suitability/ Slope/ Erosion/ Drainage/ Storm Water Runoff The USDA Web Soil Survey (WSS) list the Project Sites and abutting properties as Urban Land (Appendix N). The program is to develop vacant urban lots into single-family units. Grading would be minimal at the project sites, and soils would be compacted per local building codes. It is not anticipated that additional soils would need to be brought on-site. If soils from on-site need to be removed from the site, the company holding the contract to perform the excavation will be required to dispose of the soil in a legally compliant manner. 3 The project includes development of individual sites connected to the public street and drainage systems. The proposed construction at the project sites would not create storm water runoff that would adversely affect these drainage systems. All work will be completed in accordance with engineered site plans. Erosion and drainage control best management practices will be required to be implemented by the contractor during construction. These practices will include seeding and mulching disturbed areas immediately after construction, and dust control measures such as covering trucks contents. Hazards and Nuisances including Site Safety and Noise 3 This project is ineligible for SPDES #GP (Appendix W) However, erosion and sedimentation controls will be required. Measures consistent with the NYSDEC General Permit for Storm Water Discharge Associated with Industrial Activity from Construction Activities will be implemented to prevent the siltation of watercourses downstream of the project. Sources: 35 Phase I Environmental Site Assessments (ESAs) were conducted at each of the Project Sites listed above in order to identify recognized environmental conditions (RECs) in connection with the Project Sites. A REC was identified onsite at and Delaware Street in Albany, NY. According to the ESA, 70 Delaware Street appeared to have been a historic automotive repair facility. Site observations for the ESA included a through wall fill pipe that may have been associated with an AST or UST, in addition to debris associated with an automobile repair facility (tires, automotive parts, anti-freeze containers, etc.). An offsite REC was identified at an operating auto garage adjacent to 70 Delaware Street that was cross gradient of the

22 Page 22 of 42 (plus 629 pages of attachments) Site. A ground intrusive investigation was recommended for these Project Sites due to the identified RECs. A REC was identified onsite at th Avenue in Troy, NY. According to the ESA, these Project Sites were previously the location of a foundry from approximately 1885 to Historical activities associated with the foundry included the use of solvents, degreasers, heavy metals, etc. Two offsite RECs were identified near th Avenue in Troy, NY. According to the ESA, th Avenue (upgradient of the Site) was a historic drycleaner, and th Avenue (upgradient of the Site) was listed as an auto repair facility. A ground intrusive investigation was recommended for these Project Sites due to the identified RECs. No REC s were identified in the ESA conducted at Orange Street in Albany, NY. No further investigation was recommended at these Project Sites. Soil Samples were collected from each Project Site and analyzed for lead. All locations had lead at levels detected above the Unrestricted Use-Residential Soil Cleanup Objective (SCO) of 63 parts per million (ppm) as per NYCRR Part (a). Nine (9) of the ten (10) Project Sites had lead at levels detected above the Restricted Use-Residential SCO of 400 ppm as per NYCRR Part (b). A Phase II ESA was conducted at 70 Delaware Street in Albany, NY. According to the Phase II ESA, field observations and analytical results documented no impacts to the Albany sites related to the current and historical operations of the on-site and off-site RECs as noted in Phase I ESAs. No further action was recommended at the Albany Sites. A Phase II ESA was conducted at th Avenue in Troy, NY. Based upon the analytical results, the elevated metals in soil analytical was believed to be due to impacts from the historical operations of the brass foundry noted as an onsite REC identified in the Phase I ESA at th Avenue in Troy, NY. Proper characterization and disposal of all excavated soil were recommended at the Project Site at th Avenue in Troy, NY. As an interim control, the top twelve (12) inches of the existing soil will be replaced with clean soil at Project Sites located at 79 and 81 5 th Avenue, Troy, NY, 59, 61, 70 and 72 Delaware Street, Albany, NY and 230, 234, 236 Orange

23 Page 23 of 42 (plus 629 pages of attachments) Street Albany, NY. 232 Orange Street is excluded from this recommendation as it tested below 400ppm for lead in soil. Fugitive dust control measures will be implemented during project demolition and excavation. All recommendations for this location will be complied with, as asserted in the Construction Specification Letter annexed hereto as Appendix H. Due to the results of the Phase I and Phase II ESAs, and the lead analysis conducted at each Project Site, mitigation measures should be undertaken in order for the Project Sites to comply with 24 CFR Part 50.3(i) and 58.5(i)(2). Phase I and Phase II ESA documentation are included in Appendix G. Noise assessment studies were conducted on May 11th, 2016 and December 7th, 2016 for the project sites, in general accordance with 25 CFR Part 51 subparts B, C, and D found in Appendix Q along with the Noise Abatement and Control Worksheets. For the Project Sites located at 230, 232, 234, and 236 Orange Street, Albany, NY, potential noise generators were identified. These Project Sites are not within 1,000 feet of major roadways with 10,000 cars or more per day, however, they are within 3,000 feet of the Canadian Pacific Railway and are also within 15 miles of the Albany International Airport. Therefore, a Day/Night Noise Level (DNL) calculator was utilized to calculate the noise level from the railroads and the Airport at each of the Project Sites located at 230, 232, 234, and 236 Orange Street locations. Based upon the results of the DNL Calculator, all of these sites are below the 65-decibel level impact for the Canadian Pacific Railway and the Albany International Airport as demonstrated by the Noise Exposure and Land Use Map included in Appendix Q. For the Project Sites located 59, 61, 70, and 72 Delaware Street, Albany, NY, potential noise generators were identified. These Project Sites are not within 1,000 feet of major roadways with 10,000 cars or more, however, they are within 3,000 feet of the Canadian Pacific Railway and are also within 15 miles of the Albany International Airport. Therefore, a Day/Night Noise Level (DNL) calculator was utilized to calculate the noise level from the railroads and the Albany airport at each of the Project Sites located at 59, 61, 70, and 72 Delaware Street locations. Based upon the results of the DNL Calculator, all of these sites are below

24 Page 24 of 42 (plus 629 pages of attachments) the 65-decibel level impact for the Canadian Pacific Railway and the Albany International Airport as demonstrated by the Noise Exposure and Land Use Map included in Appendix Q. For the Project Sites located 79 and 81 5 th Avenue, Troy, NY, potential noise generators were identified. These Project Sites are within 1,000 feet of major roadways with 10,000 cars or more, and are within the critical distance of 15 miles of both the Schenectady County Airport and the Albany International Airport, however, they are not within 3,000 feet of a railroad. Therefore, a Day/Night Noise Level (DNL) calculator was utilized to calculate the noise level from the roads and airports at each of the Project Sites located at located 79 and 81 5 th Avenue. Based upon the results of the DNL Calculator, both sites are below the 65- decibel level impact for the roadways with 10,000 cars or more as well as for both airports identified as demonstrated by the Noise Exposure and Land Use Map included in Appendix Q. Therefore, all of the Project Sites are in conformance with 24 CFR Part 51, Subpart B, and no further action is required. A Thermal Explosive Hazards Survey was conducted on May 11, 2016, in accordance with the HUD guidance, the report and worksheet is included in Appendix M. A major oil storage facility with numerous ASTs is located in the Port of Albany was identified as potentially being within 0.5 to 1 mile from the Project Sites at and Delaware Street in Albany, NY. However, none of these ASTs were within a direct line of site to the Project Sites. The Thermal Explosives Hazards Survey did not identify any other evidence of outdoor aboveground tanks that: 1.) Store flammable or explosive gasses; 2.) Exceed 100 gallons and store flammable or explosive liquids within the 1,000-foot radius of the site; or 3.) Exceed 20,000 gallons and store flammable or explosive liquids within 1.0 mile of any of the project sites except for the facility mentioned above. The distance from the Sites to the closest storage tanks are beyond the HUD Acceptable Separation Distance (ASD) as determined by the ASD Electronic Assessment Tool used in the analysis conducted on January 17, This assessment, along with maps and the ASD calculation tool results are included in Appendix M.

25 Page 25 of 42 (plus 629 pages of attachments) Passive radon mitigation systems will be designed for each house and, after construction, radon levels will be tested. If testing after construction indicates that activation of the radon system is warranted, then an active fan would be installed to mitigate soil vapor intrusion. Vapor testing would be conducted again before structures are inhabited. Radon Map included as Appendix J. Energy Consumption Sources: 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 The program is to develop vacant urban lots into singlefamily units. Program activities will lead to increased energy consumption at each program site. However, the design and construction of the project buildings are intended to meet or exceed NYS Building Codes and NYS Mechanical Codes. This project occurs in a dense urban area and will connect to existing infrastructure for its energy needs. All utility hookups will be in accordance with State and local building codes pertaining to energy conservation. 3 All of the new home units will be built with a focus on environmental sustainability according to the ICC 700 National Green Building Standard, and Energy Star. In this way, the project will support homes that are safe, affordable, and that are sustainable and energy-efficient, in order to help homeowners keep costs down and to provide for a clean and healthy environment. Energy efficient hot water heater systems and Energy Star Appliance systems will be installed. Additionally, energy efficient lighting systems will be used in the new construction. Moreover, the centrality of the project location to the City center supports energy conservation in the form of reduced transportation needs to access local retail stores, grocery stores, banks, employment opportunities, and city services. Additionally, most of the residents are expected to come from within the City; therefore, there will be no overall adverse effect on the City s energy consumption. Sources: 24, 55

26 Page 26 of 42 (plus 629 pages of attachments) Environmental Assessment Factor SOCIOECONOMIC Employment and Income Patterns Demographic Character Changes, Displacement Impact Code 2 2 Impact Evaluation The program is to develop vacant urban lots into singlefamily units for low-income, first time homebuyers. The project will not significantly alter long-term employment and income patterns for the area. The project will not cause a reduction in jobs, but would support temporary jobs during the construction period. Moreover, this project will provide housing central areas that is serviced by publication transportation, which could allow residents of the new homes easy access to jobs within the City of Albany and the City of Troy. Sources: 39, 40 The program is to develop vacant urban lots into singlefamily units for low-income, first time homebuyers. The scope of work will not cause any displacement and may positively impact the demographic character of the surrounding areas. Thus, the project will not concentrate and/or isolate low-income or disadvantaged people. Sources: 23, 33, 39, 40

27 Page 27 of 42 (plus 629 pages of attachments) Environmental Impact Assessment Factor Code Impact Evaluation COMMUNITY FACILITIES AND SERVICES Educational and There are nineteen (19) public schools in Albany, NY and Cultural Facilities seven (7) public schools in Troy, NY ranging from K-12. The proposed project is to develop vacant urban lots into singlefamily units for low-income, first time homebuyers. The addition of ten single-family homes in these cities would have a negligible impact on the student population in nearby schools, especially considering the residents moving into the new homes may already being living in the constituent cities Additionally, the Albany area has institutions of higher education, such as the State University of New York University at Albany, and The College of Saint Rose, amongst others. Commercial Facilities Health Care and Social Services 2 The Albany Public Library has seven (7) locations for accessibility to Albany residents. The Troy Public Library has two (2) locations for accessibility to Troy residents. Sources: 8, 9, 10, 11, 14, 15, 16, 39, 40 Based on a review of Bing Maps, Orange Street in Albany, NY are approximately 1,500 feet from the nearest commercial corridor and Delaware Street in Albany, NY are approximately 3,500 feet from the nearest commercial corridor th Avenue in Troy, NY are approximately 6,500 feet from the nearest commercial corridor. The existing local facilities are sufficient to support the needs of potential new residents, and the project will not result in significant increases in the demand on local establishments. New residents could frequent local commercial facilities, thus, supporting the local businesses. Sources: 39, 40, 44, 45, 46 There are four (4) hospitals within 7,500 feet from Orange Street in Albany NY, and three (3 hospitals within 6,000 feet from and Delaware Street in Albany, NY. There are three (3) hospitals within 5,000 feet of th Avenue in Troy, NY. The number of units and residents associated with the construction of ten (10) affordable

28 Page 28 of 42 (plus 629 pages of attachments) 2 homes will not significantly increase the demand on the health care systems within the City of Albany. Additionally, most of the residents are expected to come from within the City of Albany. Social services are provided by a range of non-profit, local, State, and Federal agencies. The Albany and Rensselaer Counties Departments of Social Services offer a range of protective, preventative, social, and financial services. Sources: 6, 7, 31 Solid Waste Disposal / Recycling Construction debris would be minimal because the proposed action is to build new homes on already vacant parcels. Only one (1) parcel has an existing structure which will be demolished before construction. Construction debris and any documented hazardous materials will be appropriately disposed of by a licensed professional in legally compliant landfills. Other construction debris that may be generated can include limited extra materials and material packaging associated with the construction of the new homes. These wastes would be disposed of in legally compliant landfills. 2 This project will increase the number of households in these already developed areas. The City of Albany collects garbage and recyclables from all residential dwellings with less than four (4) housing units on a single property. Thus, the City will service these residences. The City of Troy collects and disposes of municipal solid waste and recyclable materials on a weekly basis in every neighborhood. The proposed project is located in a residential area already serviced by the City of Albany or City of Troy sanitation departments. It is expected that some of the residents will come from within the Cities, therefore, the addition of ten (10) homes in these already moderately-densely developed areas is not expected to adversely affect sanitation services or pose a demand that exceeds current capacity. Moreover, the added tax base from these ten (10) properties will support City services such as refuse and recyclable management. Sources: 53, 54