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NYCHA Section 106 Programmatic Agreement

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NYCHA Section 106 Programmatic Agreement August 24, 2017 Public Notice Regarding Section 106 Review of New York City Housing Authority HUD-Funded Programs and Activities Programmatic Agreement The City of New York-Department of Housing Preservation and Development (HPD) is issuing this public notice as a part of its responsibilities under 36 CFR Part 800, the regulations implementing Section 106 of the National Historic Preservation Act of 1966 (Section 106), as amended. In accordance with 36 CFR 800, HPD, acting as Responsible Entity for the New York City Housing Authority (NYCHA) under 24 CFR Part 58 and in coordination with the New York State Office of Parks, Recreation, and Historic Preservation (OPRHP) – acting as the State Historic Preservation Officer (SHPO) - has identified potential adverse effects pursuant to Section 106. These potential adverse effects are connected to certain activities to be facilitated by funding through the U.S. Department of Housing and Urban Development’s (HUD) grant programs such as the Capital Fund, Operating Fund, and HOPE VI programs. These HUD-funded activities, described further below, may be undertaken by NYCHA at public housing facilities throughout New York City and are subject to environmental review procedures pursuant to 24 CFR Part 58 which requires Section 106 compliance for certain actions. HUD administers grant programs such as the Capital Fund Program, the Operating Fund Program, and HOPE VI, for financing, development, modernization, maintenance, and operations of public housing agencies and their properties. NYCHA may commit HUD assistance funded by these and other grant programs to undertakings such as maintenance and repair, rehabilitation, construction, demolition, acquisition, and disposition of NYCHA’s public housing developments and their associated structures and facilities. The SHPO was consulted in connection with the proposed activities. Through this consultation it was determined that out of the total of 328 NYCHA properties surveyed citywide that are subject to federal assistance originating from HUD, 38 are either listed or eligible for listing on the State and National Register (S/NR) of Historic Places (see attached SHPO letter dated November 30, 2016). For the purposes of Section 106, the Area of Potential Effect (APE) is identified as these 38 individual NYCHA developments. Refer to the attached November 30, 2016 letter from the SHPO which includes a list of the 38 potentially affected historic properties that are either listed or eligible for listing on the S/NR of Historic Places. Attached to the November 30, 2016 letter is a bibliography of sources the SHPO relied on to make the eligibility determinations, as well as individual resource evaluations that outline the qualifying characteristics of each development. A summary of the 38 properties is as follows: It would be the intent of the PA to outline certain maintenance and other activities that are of no concern to SHPO, as well as the specific activities that would be subject to consultation with the SHPO under Section 106, and the steps that must be followed prior to the release of any funding connected to such activities. Establishment of a PA would help to eliminate uncertainties for SHPO consultation and streamline review of federally-funded capital improvements at NYCHA developments for the benefit of NYCHA residents. In a letter from the SHPO dated July 26, 2017, which was generated in response to a proposed list of activities NYCHA requested exempt from SHPO consultation should they occur at any of the 38 developments, the SHPO concurred that they have no concerns with the following proposed work activities: Local Law 11 work- repairs include stitching new matching* brick into the existing brick facades, in-kind repairs or in-kind replacement of window lintels and sills, and repairs to existing expansion joints (*New brick must match existing brick in terms of size, color, texture, coursing, and mortar joint tooling); Replacement of Garbage Disposal equipment (Interior and Exterior compactors and bulk crushers); Electrical work- replacement of electrical components such as light fixtures, switches, and outlets as needed. Perform electrical upgrades and all ancillary work. Heating work; Plumbing work; Boiler Replacement; Gas Riser replacement- removal of existing gas risers and replacement with new gas risers and associated piping, in the same location. Installation of new gas meters; Closed Circuit Television and Layered Access Control- Installation of CCTV and LAC systems and their associated components; Fire System Work; Replacement of Underground piping such as Steam Distribution and Condensate lines; Fire and Water Distribution lines- removal of existing lines and replacement with new lines in-kind (i.e. same horizontal and vertical dimensions within 1 to 2 feet); associated ground disturbance is less than 24 inches below the existing surface; Energy Performance Contracts (EPC): EPC work includes 1) interior lighting retrofits; 2) installation of apartment water measures such as low flow toilets, faucet aerators and shower heads; 3) apartment temperature sensors, 4) ventilation system clean / seal / balance; 5) instantaneous water heaters; and 6) boiler plant equipment replacement / retrofits; General apartment renovations (bathrooms and kitchens); Elevator Replacements- replace elevators in disrepair; Roof Tank Vessel Replacement - repair and replacement of roof tank vessels only (does not apply to roof tank screening). Furthermore, as outlined in the November 30, 2016 letter, the SHPO has agreed that all planned work at non-S/NR eligible or listed NYCHA properties (those not included in the above table) do not need consultation with the SHPO unless such proposed work includes: New construction; Demolition of buildings and/or structures (other than roof top communications equipment) on properties that are at least fifty years of age; Any other ground-disturbing activities in or around any known and unknown archaeological sites; and Work in or around, or associated with, existing Federal Art Projects and other art work at least fifty years of age. As outlined above, HPD, in consultation with NYCHA and the SHPO, has determined that certain aspects of the proposed undertaking have the potential to result in adverse effects to NYCHA properties under Section 106, and a clearly understood process should be in place to appropriately review and approve such activities. Section 106 and the regulations at 36 CFR Part 800 require HPD, as the Responsible Entity on behalf of HUD, to assess any potential direct or indirect effects an undertaking would have on identified cultural resources and to seek ways to avoid, minimize, or mitigate any adverse effects. As a result, NYCHA, HPD and the SHPO have determined that the execution of a Programmatic Agreement (PA) among all parties would be the most appropriate course of action to address the potential adverse effects. The drafting of the PA is ongoing, but the overall intent of the PA is to outline certain maintenance and other activities that are of no concern to SHPO, as well as the specific activities that would be subject to consultation with the SHPO under Section 106 and the steps that must be followed prior to the release of any funding connected to such activities. Establishment of a PA would help to eliminate uncertainties for SHPO consultation and streamline review of federally-funded capital improvements at NYCHA developments for the benefit of NYCHA residents. Information related to the proposed project and HPD/SHPO’s determination of an Adverse Effect may be viewed online at http://www1.nyc.gov/site/hpd/developers/environmental-review.page under the heading “Compliance with Section 106 of the National Historic Preservation Act of 1966” toward the bottom of the webpage. Members of the public are encouraged to provide views on how the undertaking may affect historic properties and ways that these effects may be avoided, minimized, or mitigated. Comments may be submitted by email to [email protected] for an 18-day period beginning on August 24, 2017. ANDREW M. CUOMO ROSE HARVEY Governor Commissioner July 26, 2017 Mr. Aaron Werner HPD 100 Gold Street, Rm 7-A4 New York, NY 10038 Re: HUD Updated exempt activities - HUD Capital and Operating Funds Programs 17PR05173 Dear Mr. Werner: Thank you for requesting the comments of the New York State Historic Preservation Office (SHPO). We have reviewed the provided documentation in accordance with Section 106 of the National Historic Preservation Act of 1966. These comments are those of the SHPO and relate only to Historic/Cultural resources. They do not include other environmental impacts to New York State Parkland that may be involved in or near your project. Such impacts must be considered as part of the environmental review of the project pursuant to the National Environmental Policy Act and/or the State Environmental Quality Review Act (New York Environmental Conservation Law Article 8). We have reviewed the request and project information described in your e-mail dated July 13th, 2017. Based upon our review, we have no concerns with the following proposed work activities: • Local Law 11 work- repairs include stitching new matching* brick into the existing brick facades, in-kind repairs or in-kind replacement of window lintels and sills, and repairs to existing expansion joints. *New brick must match existing brick in terms of size, color, texture, coursing, and mortar joint tooling. • Replacement of Garbage Disposal
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