Details for 00207767

NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND
NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
AND F INAL N OTICE AND P UBLIC E XPLANATION OF A P ROPOSED
A CTIVITY
IN A 100-Y EAR F LOODPLAIN
November 8, 2018
Texas General Land Office
PO Box 12873, Austin, TX 78711�2873
512-475-5000
These notices shall satisfy three separate but related procedural requirements for activities to be
undertaken by the Texas General Land Office (GLO). The proposed activities provide assistance
to homeowners still affected by the impacts of a Hurricane Harvey, a Presidentially Declared
Disaster.
REQUEST FOR RELEASE OF FUNDS
On or about November 26, 2018, the GLO will submit a request to Housing and Urban
Development (HUD) for the release of Community Development Block Grant Disaster Recovery
(CDBG-DR) funds in response to Hurricane Harvey, DR-4332, Public Laws 115-31 and 115-56
through the publication of the Federal Register, Vol. 83, No. 28, Friday, February 9, 2018 and
subsequent federal registers, to undertake projects under the Homeowner Assistance Program
(HAP) and Homeowner Reimbursement Program (HRP) for the purpose of repairing,
reconstructing or newly constructing replacement single-family housing damaged by Hurricane
Harvey in Comal County. From the HUD federal assistance, the State of Texas has allocated
approximately $1,048,000,000 to the HAP and $120,000,000 to the HRP. Comal County’s
unmet housing needs are anticipated to be awarded from the amounts allocated to the Central /
Golden Crescent Council of Government region, including approximately $131,982,720 of HAP
funding for an estimated 1,056 direct housing assistance projects. The final number of projects
funded will be based on the number of eligible applicants and the allotment to the county from
the Council of Government region. To facilitate environmental review of the proposed activities,
the GLO is implementing a tiered environmental review approach in accordance with HUD
regulations at 24 CFR 58.15. The Environmental Review Record (ERR) is tiered as an
Environmental Assessment (24 CFR 58.36, subpart E) subject to laws and authorities at 24 CFR
58.5, 24 CFR 58.6, and NEPA analysis.
FINAL NOTICE AND PUBLIC EXPLANATION OF A PROPOSED ACTIVITY
IN A 100-YEAR FLOODPLAIN
This is to give notice that the GLO 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. The activity is funded by HUD under Hurricane
Harvey CDBG-DR DR-4332, Public Laws 115-31 and 115-56 through the publication of the
Federal Register, Vol. 83, No. 28, Friday, February 9, 2018 and subsequent federal registers. The
proposed activity involves the rehabilitation of damaged homes and/or demolition of stormdamaged homes followed by reconstruction or new construction throughout impacted areas of
Comal County, Texas. The program activities will be scattered throughout the county, which has
41,130 acres designated within the FEMA-designated A-Zone floodplain and 0 acres that FEMA
has designated as V-Zone floodplain. FEMA has designated 326,675 acres to be in the X-Zone,
outside the designated 1 percent annual floodplain.
The GLO has considered the following alternatives and mitigation measures to be taken to
minimize adverse impacts and to restore and preserve natural and beneficial values. (i) Reasons
why the action must take place in a floodplain: Many of the damaged homes are located in
FEMA documented special flood hazard areas. (ii) Alternatives considered: Constructing
additional improvements; but projects then would not be economically feasible. Low income
homeowners may not be able to purchase property that is located outside of the floodplain. Grant
funding cannot be used to purchase other land for the homeowner. The GLO and County does
not have land available to swap or a budget to purchase a lot for the individual. Simply
demolishing the home would leave the homeowner with no place to live. No action; but that
would cause homeowners to continue to live in conditions that are unsafe and unsanitary; the
home would continue to deteriorate or proceed with the improvements as proposed in a
floodplain. (iii) Mitigation measures: Rehabilitated, reconstructed and newly constructed homes
in the floodplain will be elevated no less than two feet above the FEMA-designated base flood
elevation and the homeowner will be required to obtain and maintain flood insurance. These
efforts would provide clean, safe housing and minimize the flood hazard.
The GLO has reevaluated the alternatives to building in a floodplain and has determined that it
has no practicable alternative. To provide complete housing unmet needs to affected County
residents, the work must be done within the proposed area and not just areas outside the
floodplain. This activity will have no significant impact on the environment for the following
reasons: The GLO or its designate will conduct a site-specific environmental review of each
HAP/HRP application site to verify this to be the case. The replacement single-family housing
will be in areas already zoned for single-family residences and on property privately owned by
the applicant. Elevation and flood insurance will minimize future flood hazard.

has no practicable alternative. To provide complete housing unmet needs to affected County
residents, the work must be done within the proposed area and not just areas outside the
floodplain. This activity will have no significant impact on the environment for the following
reasons: The GLO or its designate will conduct a site-specific environmental review of each
HAP/HRP application site to verify this to be the case. The replacement single-family housing
will be in areas already zoned for single-family residences and on property privately owned by
the applicant. Elevation and flood insurance will minimize future flood hazard.
There are three primary purposes for this notice. First, people who may be affected by activities
in the floodplain 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. Commenters are encouraged to offer alternative sites outside of the floodplain, alternative
methods to serve the same project purpose, and methods to minimize and mitigate impacts.
Second, an adequate public notice program can be an important public educational tool. The
dissemination of information and request for public comment about actions taking place in the
floodplain 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 the floodplain, it
must inform those who may be put at greater or continued risk.
FINDING OF NO SIGNIFICANT IMPACT
The GLO has determined that the projects under the HAP and HRP will have no significant
impact on the human and natural environment. Therefore, an Environmental Impact Statement
under the National Environmental Policy Act of 1969 (NEPA) is not required. Additional
project information is contained in the Environmental Review Record (ERR) on file at the Texas
General Land Office, PO Box 12873, Austin, TX 78711�2873. The record is available for
review and may be examined or copied weekdays 9 A.M to 5 P.M.
PUBLIC COMMENTS
The proposed HAP/HRP activities will provide assistance to single family residence
homeowners still affected by the impacts of a Hurricane Harvey, a Presidentially Declared
Disaster. The assistance is urgently needed to address unmet housing needs and provide safe and
sanitary housing in the affected communities. Therefore, as provided by federal regulations at 24
CFR 58.33(b), GLO is publishing the combined Finding of No Significant Impact (FONSI) and
Notice of Intent to Request Release of Funds (NOIIRROF) simultaneously with the submission
of the RROF to HUD. Any individual, group, or agency may submit written comments on these
notices or the ERR to the GLO Community Development and Revitalization Program or HUD
Disaster Recovery and Special Issues Division. Comments may be submitted to Mr. Chris
Reynolds at GLO via P.O Box 12873, Austin, Texas 78711-2873 or by email at
chris.reynolds.glo@recovery.texas.gov, or to HUD Disaster Recovery and Special Issues
Division, 451 7th Street SW, Room 7272, Washington, DC 20410 or by email at
DisasterRecovery@hud.gov. All comments received by November 23, 2018 will be considered
prior to authorizing submission of a request for release of funds. Comments should specify
which Notice they are addressing.
ENVIRONMENTAL CERTIFICATION
The GLO certifies to HUD that Heather Lagrone, in her capacity as Deputy Director for
Community Development & Revitalization, 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. GLO’s approval of the certification
satisfies its responsibilities under NEPA and related laws and authorities and allows the
Homeowner Assistance Program and Homeowner Reimbursement Program grant recipients to
use Program funds.
OBJECTIONS TO RELEASE OF FUNDS
The proposed activities provide assistance to homeowners still affected by the impacts of a
Hurricane Harvey, a Presidentially Declared Disaster. The assistance is urgently needed to
address these ongoing impacts. Therefore, as provided by federal regulations at 24 CFR
58.33(b), GLO is publishing the combined Finding of No Significant Impact (FONSI) and
Notice of Intent to Request Release of Funds (NOIIRROF) simultaneously with the submission
of the RROF to HUD. HUD will accept objections to release of funds immediately following the
publication of this notice through November 21, 2018, concurrent with the comment period
described in the section above. HUD will accept objections to its release of fund and the GLO’s
certification only if they are on one of the following bases: (a) the certification was not executed
by the Certifying Officer of the GLO; (b) the GLO 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/GLO; 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 HUD Disaster Recovery and Special Issues
Division, 451 7th Street SW, Room 7272, Washington, DC 20410 or email
DisasterRecovery@hud.gov. Potential objectors should contact HUD to verify the actual last day
of the objection period.
Name and Title of Certifying Officer: Heather Lagrone, Deputy Director, Texas General Land
Office

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