Final Notice and Public Explanation of a Proposed Activity in a Federal Flood Risk Management Standard Designated Floodplain and Wetland

SPRING, TX -- To: All interested Federal, State, and Local Agencies Groups and Individuals

This is to give notice that HUD under 24 CFR Part 50 has conducted an evaluation as required by Executive Order 11988, as amended by Executive Order 13690, and Executive Order 11990, 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 Federal Housing Authority (FHA) mortgage insurance financing under a 221(d)(4) new construction loan (FHA# 114-35865). The proposed project is located at 21836 Holzwarth Road in Spring, Harris County and is located in a Federal Flood Risk Management Standard (FFRMS) floodplain and a wetland.

The approximate 12.254-acre subject property is located within a larger 19.47-acre parent parcel and consists of vacant land proposed to be redeveloped with the Northwood Spring Apartments residential development. The proposed site plan consists of ten (10) apartment buildings housing a total of 288 apartments units, a leasing office/clubhouse with an adjoining resident outdoor amenity area including a swimming pool and spa deck, pavilion with outdoor kitchen and lounge, and fire pit. Ancillary improvements would consist of a 1-acre detention pond on the southeast corner of the site; paved parking areas; and associated landscaping.

Two freshwater emergent wetlands totaling 0.02 acres, one freshwater upland pond totaling 0.02 acres, and 0.525 acres of property subject to the 1-percent annual chance flood event have been identified within the subject property boundary. There is no FEMA regulated floodplain on the subject property; the 1-percent annual chance flood boundary associated with Wuensch Gully was calculated as part of a hydraulic study completed for the property. The extent of the FFRMS floodplain elevation of 129-130 feet was determined using the 0.2 percent flood approach. A total of 1.78 acres of FFRMS floodplain equivalent to the 500-year floodplain occurs on the property, which is inclusive of the 100-year floodplain. The isolated emergent wetland and areas of floodplain function to attenuate stormwater and pollutants. The upland pond primarily functions to retain stormwater and sedimentation. No rare or unique recreational, education, scientific, historic, or cultural values are known to occur on the subject property.

The applicant proposes to excavate 3 linear feet of trench in order to install storm sewer and locate 965 square feet of dog park in area subject to the 1-percent annual chance flood event. A total of 1.2 acres of FFRMS floodplain would be impacted to construct parking areas and elevate multifamily buildings to or above the FFRMS flood elevation. Additionally, 65-cubic yards of clean, native soil would be discharged into the 0.02-acre emergent wetland and 0.02-acre open-water pond in order to construct the multifamily development as proposed. All proposed buildings and garages would be elevated to or above the FFRMS elevation.

HUD has considered the following alternatives and mitigation measures to minimize adverse impacts and to restore and preserve natural and beneficial functions and intrinsic values of the existing floodplain/wetland: (1) The original site layout partially located Building 3 in the area calculated as being subject to the 1-percent chance annual flood event. This alternative was rejected due to the ability to move the building out of the area of floodplain while preserving the project purpose. (2) Removing the parking area north of building 3 was considered in order to minimize impacts to a portion of Wetland-1, but this alternative was rejected because parking area close to where Building 3 tenants would reside was determined to be necessary for the units to preserve a competitive market-place demand. Additionally, the isolated Wetland-1 was thought to not likely be able to continue to thrive due to its small size, lack of connection with other surface water features, existing and foreseeable pressures related to surrounding disturbance, and changes to the onsite hydrology. (3) It is not feasible to fully mitigate high development costs without HUD 221(d)(4) financing; thus, the No Action Alternative was rejected. This development is preserving natural values and minimizing impacts while providing development of needed rental housing. Per the market study report, the proposed development is a desirable location for development of affordable housing in the Northwood Spring Market Area.

Impacts to the floodplain were avoided to the maximum extent practical by locating all buildings, parking area, and site grading activity outside the area subject to the 1-percent chance annual flood event. Minor proposed impacts to the floodplain were also determined to be unavoidable. The installation of three feet of storm sewer outfall in the floodplain is necessary to connect with the storm sewer system and to safely contain and discharge stormwater. The placement of fencing around 965 SF of dog park located in the floodplain would result in de minimis impacts to functional values and attributes of the floodplain while increasing housing choices available to families with dogs. No additional modifications are necessary to minimize impacts to natural values. All work would be completed in compliance with state and local floodplain/wetland protection procedures.

HUD has reevaluated alternatives to building in the floodplain/wetland and has determined that it has no practicable alternative to floodplain/wetland development. Environmental files documenting compliance with Executive Order 11988, as amended by Executive Order 13690, and Executive Order 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 floodplain/wetland 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/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/wetlands, it must inform those who may be put at greater or continued risk.

Written comments must be received by HUD at the following address on or before March 17, 2025. HUD Fort Worth Regional Office, 307 W. 7th Street, Unit #1000, Fort Worth, Texas 76102; and 817-978-5809; Attention: Mike Buis, Technical Branch Chief. A full description of the project may also be reviewed from 8am to 5pm at the same address as above. Comments may also be submitted via email at Michael.A.Buis@hud.gov.