Ralsco Park Legal Notice

Final Notice and Public Explanation of a Proposed Activity in a 100-Year Floodplain;

Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Funds

Ralsco Park, 389 Warren Avenue, Brockton, MA

These notices shall satisfy three separate but related procedural requirements for activities to be undertaken by the Brockton Redevelopment Authority.

Final Notice and Public Explanation of a Proposed Activity in a 100-Year Floodplain

To: All interested Agencies, Groups and Individuals

This is to give notice that City of Brockton 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 and Wetlands Protection. The activity is funded under the Community Development Block Grant Program and HUD Grant Number B-14-MC-25-0003. The CDBG activity will be for construction of a new recreational park on a 0.988 acre remediated 21E Brownfield site, formerly Ralsco, Inc. Cabinet Co. at 389 Warren Avenue, Brockton, MA 02301. The site will provide an environmental resource to a neighborhood in need of additional green spaces. The site is located in the 100-year floodplain, with no natural and beneficial values potentially adversely affected by the activity.

The City of Brockton 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/wetland:

  1. The project site is vacant and overgrown with weeds and sick trees, the proposal will be beneficial and will not harm the floodplain;
  2. The project site has existing erosion issues along the Salisbury Brook, the proposal will include substantial erosion controls.

(ii) No Action or Alternative Actions that Serve the Same Purpose

A no action alternative was considered and rejected because the project will convert an existing former brownfield site to a public open space that will provide an environmental resource to a neighborhood in need of additional green space. It will also be an important link in the greenway along the Salisbury Brook. In absence of the proposed project, the existing erosion condition along the Brook will worsen. The site will remain inaccessible by the public to enjoy the natural scenery along the Brook.

(iii) Mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial values

1. Planting of native species will be in place to control erosion

2. Installation of staked 12″ silt sock along the Salisbury Brook to mitigate storm water runoff

3. Implementation and Monitoring of mitigation measures will be monitored by the awarded contractor, the City’s Parks and Recreation Department, Brockton Redevelopment Authority and Nover-Armstrong. Park construction is expected to complete by June 30, 2016.

4. Please refer to construction notes provided by Thompson Farland Professional Engineers and Land Surveyors revised as of 4/13/2015 for further mitigation measures therein. These are available for review at the BRA office at 50 School Street, Brockton, MA 02301.

The City of Brockton has reevaluated the alternatives to building in the floodplain and has determined that it has no practicable alternative. Environmental files that document compliance with steps 3 through 6 of Executive Order 11988, are available for public inspection, review and copying upon request at the times and location delineated in the Public Comments 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 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 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, it must inform those who may be put at greater or continued risk.

Request for Release of Funds

On or about at least one day after June 28, 2015 the Brockton Redevelopment Authority will submit a request to HUD for the release of Community Development Block Grant funds under HUD Grant Number B-14-MC-25-0003, to undertake a project known as Ralsco Park for the purpose of providing an environmental resource to a neighborhood in need of additional green spaces.

Finding of No Significant Impact

The Brockton Redevelopment Authority 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 50 School Street, Brockton, MA 02301 and may be examined or copied during the hours of 9:00 a.m. to 4:00 p.m., Monday through Friday, at the above address.

Public Comments

Any individual, group, or agency may submit written comments to the Brockton Redevelopment Authority at the following address on or before June 28, 2015: 50 School Street, Brockton, MA 02301, and 508.586.3887. Attention: Robert Jenkins, Executive Director. A full description of the project may be reviewed during the hours of 9:00 a.m. to 4:00 p.m., Monday through Friday, at the above address. All comments received by June 28, 2015 will be considered by the Brockton Redevelopment Authority prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing. Comments may also be submitted via email at [email protected]

Environmental Certification

The Brockton Redevelopment Authority certifies to HUD that Bill Carpenter in his capacity as Mayor of Brockton 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 Brockton Redevelopment Authority to use the Program funds.

Objections to Release of Funds

HUD will accept objections to its release of fund and the Brockton Redevelopment Authority’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 Brockton Redevelopment Authority; (b) the Brockton Redevelopment Authority 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 address to HUD at 10 Causeway Street, Room 535, Boston, MA 02222. Potential objectors should contact HUD to verify the actual last day of the objection period.

Bill Carpenter
Mayor of Brockton