Final Notice and Public Explanation of a Proposed Activity in a 100-Year Floodplain and Wetlands
To: All interested Agencies, Groups, and Individuals
This is to give notice that the U.S. Department of Housing and Urban Development has conducted an evaluation as required by Executive Order 11988 and 11990, in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management and Protection of Wetlands, to determine the potential affect that its activity in the floodplain and wetland will have on the human environment. The proposed project is one, four-story building constructed over heated underground parking, with a plaza and drive areas. The building will contain 51 individual units and will become a senior cooperative once the building is complete and occupied. According to the 1982 Flood Insurance Rate Map (FIRM), the access road to the proposed project is located within a 100-year floodplain. No other portions of the proposed project are located within the floodplain. A wetland is present on the property but will not be impacted by the proposed project. The proposed project(s) is located 3900 London Road, in Duluth, St. Louis County, Minnesota.
The following alternatives and mitigation measures have been evaluated to minimize adverse impacts and to restore and preserve natural and beneficial values:
1. Locate the access road in Flood Zone A (100 year floodplain), all other facilities in Flood Zone C (above the 500 year floodplain). Avoid all development in wetlands.
2. Reconfigure the project to locate all facilities in Flood Zone C and avoid any development in Flood Zone A. Avoid all development in wetlands.
3. Re-evaluate the flood susceptibility of the site; file an application with FEMA for Conditional Letter of Map Amendment (CLOMA) for a new determination of flood zones; locate all facilities in Flood Zone C and avoid any development in Flood Zone A. Avoid all development in wetlands.
4. A no-action alternative or alternative plans that serve the same purpose.
Alternative 3 is a viable and practical alternative that avoids all impacts to floodplains and wetlands and is the preferred alternative. A site survey and updated FEMA Base Flood Elevations (BFEs) determined that the 1982 FIRM overestimated the extent of flood zones. A CLOMA application has been filed with FEMA to redefine flood zones, and the proposed project is wholly located in Flood Zone C (above the 500 year floodplain). Because an alternative exists that accomplishes project objectives and avoids all impacts to and development in floodplains and wetlands, no additional mitigation measures are proposed or necessary. Environmental files that document compliance with steps 3 through 6 of Executive Order 11988 and 11990, 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 floodplains and wetlands 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 floodplains and wetlands 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 floodplains and wetlands, it must inform those who may be put at greater or continued risk.
Written comments must be received by the U.S. Department of Housing and Urban Development at the following address on or before May 28, 2019: the U.S. Department of Housing and Urban Development, 212 3rd Avenue South, Suite 150, Minneapolis, MN 55401 and 612-843-6411, Attention: Ray Stiles, Minneapolis Underwriting Branch Chief, during the hours of 9:00 AM to 5:00 PM. Comments may also be submitted via email at Amy.A.Bennett@hud.gov.
A full description of the project may also be reviewed during the hours of 8:00 AM to 5:00 PM at Braun Intertec, 4511 W 1st St, Suite 4, Duluth, MN 55807.
D.N.T. May 19, 2019