Paige Estates Housing Development NOI-RROF/FONSI

No longer on display. Expired on April 23, 2025, 12:00 AM

Date of Notice: April 7, 2025

City of Waco
PO Box 2570
Waco, TX 76702-2570
(254) 750-5656

These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the City of Waco.

Request for Approval and Release of Funds

On or about April 23, 2025, the City of Waco will submit a request to the US Housing and Urban Development (HUD) for the release of Project Based Vouchers (PBV) funds under Title V of the Quality Housing and Work Responsibility Act of 1998, as amended to undertake a project known as Paige Estates, located at 826 South 11th Street, Waco, McLennan County, Texas 76706. The project will include demolition of existing buildings and new construction of a 64-unit affordable senior multifamily development on approximately 1.62 acres land. As proposed, the project will include a single four-story, elevator-served building, associated parking lot, and outdoor amenities. The units will be restricted to seniors aged 55+ earning 30-80 percent of the Area Median Income (AMI). The project is utilizing PBVs through the Housing Authority of the City of Austin in the amount of $3,799,680 over a 20-year period. The total project cost will be approximately $17 million dollars and includes TDHCA tax credits.

Finding of No Significant Impact

The City of Waco has determined that the project will have no significant impact on the human 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 City of Waco Housing & Community Development Department at 209 S. 28th Street, Waco, TX and may be examined or copied weekdays from 8 a.m. to 5 p.m. or online at https://cpd.hud.gov/cpd-public/environmental-reviews.

Finding of No Practicable Alternative

This is to give notice that under 24 CFR Part 58 has conducted an evaluation as required by Executive Order(s) 11988, as amended by Executive Order 13690 in accordance with HUD regulations at 24 CFR 55.20 in Subpart C Procedures for Making Determinations on Floodplain Management and Wetlands Protection. The activity is funded under Title V of the Quality Housing and Work Responsibility Act of 1998. The proposed project is located at 826 South 11th Street, Waco, McLennan County, Texas and is located in the Federal Flood Risk Management Standard (FFRMS) floodplain. The extent of the FFRMS floodplain was determined using 0.2 percent flood approach. The entire 1.62 acres consists of Zone AE (100-year floodplain) of Waco Creek. Impacts to the floodplain will include new impervious surfaces such as the building foundation, parking lot, and ancillary improvements. No wetland areas will be impacted. Natural and beneficial functions of the floodplain include flood storage and attenuation. There is minimal potential for historic or cultural resources due to a lack of known historic sites in the vicinity, however a Section 106 review is in progress. Potential summer habitat for the Tricolored bat is present onsite, however adverse impacts to this species and migratory birds will be minimized by clearing vegetation during the unoccupied timeframe between September 1 to May 15. Due to private ownership and lack of unique natural features, there is no expected public interest for recreational, scientific, or educational purposes.

The City of Waco has considered the following alternatives and mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial functions and intrinsic values of the existing floodplain:

  1. No Action: The project would not use any project-based vouchers from the Housing Authority, as proposed. This alternative was not selected since the project was not found to have significant adverse impacts.
  2. Locations outside and not affecting the FFRMS floodplain: The project location was chosen based on proximity to community amenities, which has made it competitive for low-income housing tax credits. Moving to a different property would potentially limit the project’s ability to financially benefit from the tax credits and affordability of the development; thus, this alternative was rejected.
  3. Modify the project to avoid or minimize impacts to the floodplain: Reconfiguring the project design was evaluated and determined to be infeasible considering the property is entirely within the 100-year floodplain.
  4. Fund the project as proposed: As proposed, the project will result in permanent impact to 1.62 acres of the FFRMS floodplain. The property will be raised with fill and the insurable structure will have a finished floor elevation of 413.5 feet, which is at least 2 feet over the base flood elevation. All state and local water quality protection procedures will be included in the construction plans. Surface water runoff will be subject to all Best Management Practices (BMPs) that are installed prior to the construction phase. Flood insurance will be maintained on the building an all future residents will be notified that the property is in a floodplain.

The City of Waco has reevaluated alternatives to building in the floodplain and has determined that it has no practicable alternative to floodplain development. Environmental files documenting compliance with Executive Order 11988, as amended by Executive Order 13690, are available for public inspection, review and copy 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 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. Second, an adequate public notice program can be an important public educational tool. The dissemination of information and request for public comment about 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 floodplain, it must inform those who may be put at greater or continued risk.

Public Comments

Public Comment Period: April 8, 2025, to April 22, 2025

Any individual, group, or agency may submit written comments on the ERR to the City of Waco, Attn: Jacob LaRow at PO Box 2570 Waco, TX 76702.  Written comments can also be sent to JacobL@wacotx.gov. All comments received by April 22, 2025, will be considered by the City of Waco prior to authorizing submission of a request for release of funds to HUD. Comments should specify which Notice they are addressing.

Environmental Certification

The City of Waco certifies to HUD that Bradley Ford, in his capacity as City Manager, 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. HUD’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the Waco Housing Authority to use program funds.

Objections to Release of Funds

HUD will accept objections to its release of funds and the City of Waco’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 they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the City of Waco; (b) the City of Waco 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; 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 the HUD Office of Public Housing at Hipolito Garcia Federal Building and Courthouse, 615 E. Houston Street, Room 347, San Antonio, TX 78205. Objections can also be submitted via email to SAFO_Objections@hud.gov with the subject line "Objection to PBVs Project Undertaken by Waco Housing Authority." Potential objectors should contact HUD to verify the actual last day of the objection period.

Bradley Ford, City Manager 

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