Attachment 2-21
Sample Notice of Finding of No Significant Impact and Notice of Intent to Request a Release of Funds
The language below is HUD’s recommended wording of the combined Notice of Finding of No Significant Impact and Notice of Intent to Request a Release of Funds. This Notice is used for projects requiring an Environmental Assessment (24 CFR Part 58, Section 58.36]. Words in bold type are required language. Words in italics are to be replaced by language appropriate to the particular project and Responsible Entity.
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NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
Date of Publication:
Thursday, October 24th, 2024
Town of Rainelle
PO Box 648
Rainelle, WV 25962
(304) 438-7191
These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the Town of Rainelle.
REQUEST FOR RELEASE OF FUNDS
On or after at least one day after the end of the comment period the West Virginia Department of Economic Development will submit a request to the U.S. Department of Housing & Urban Development (HUD) for the release of Community Development Block Grant – Mitigation (CDBG-MIT) funds under of Public Law 115-123 (Further Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2018 (Division B, Subdivision 1 of the Bipartisan Budget Act of 2018) (February 9, 2018)) (HUD/State Identification Number: B-18-DP-54-0001) of the Appropriation Act and title I of the Housing and Community Development Act of 1974 (HCDA) (42 USC 5301 et seq.), to undertake the following project:
Project Title: Town of Rainelle Storm Water Project (CDBG-MIT)
Purpose: The proposed project will replace failing stormwater infrastructure within the Town’s historically flooded area. Existing stormwater piping is failing and does not allow for even nuisance stormwater to adequately drain within Town limits. The replacement infrastructure will modernize the Town’s stormwater system.
Location: The Town of Rainelle, Greenbrier County, West Virginia
Estimated Cost:
Total Project Cost: $9,955,000
CDBG-MIT Funds: $9,955,000
FINDING OF NO SIGNIFICANT IMPACT
The West Virginia Department of Economic Development 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 West Virginia Community Advancement and Development (WVCAD), a division of the West Virginia Department of Economic Development (WVDED), where the record is available for review and may be examined or copied weekdays 9:00 A.M. to 5:00 P.M.
PUBLIC COMMENTS
Any individual, group, or agency may submit written comments on the ERR with the West Virginia Department of Economic Development at 1900 Kanawha Blvd East Building 3, Suite 700 Charleston, WV 25305, attention Ryan Halsey, CDBG Programs Manager. All comments received by if notice is published: publication date plus fifteen days; if notice is mailed and posted: mailing and posting date plus eighteen days will be considered by the West Virginia Department of Economic Development prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing.
RELEASE OF FUNDS
The West Virginia Department of Economic Development certifies to the U.S. Department of Housing & Urban that Jennifer Ferrell in her capacity as West Virginia Community Advancement and Development (WVCAD) Director 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. The U.S. Department of Housing & Urban Development’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the Town of Rainelle to use HUD program funds.
OBJECTIONS TO RELEASE OF FUNDS
The U.S. Department of Housing & Urban Development will accept objections to its release of fund and the West Virginia Department of Economic Development’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 West Virginia Department of Economic Development; (b) the West Virginia Department of Economic Development 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 U.S. Department of Housing and Urban Development; 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 U.S. Department of Housing & Urban Development via email at DisasterRecovery@hud.gov. Potential objectors should contact Tennille Parker with the U.S. Department of Housing & Urban Development to verify the actual last day of the objection period.
Jennifer Ferrell, WVCAD Director
Note: The fifteen or eighteen-day public comment periods are the minimum time periods required by regulation prior to submission of a Request for Release of Funds and Certification (form HUD-7015.15) to HUD/State. The Responsible Entity may choose to allow a longer comment period. 24 CFR Part 58 requires, at Section 58.46, “Time delays for exceptional circumstances,” a 30-day comment period for controversial or unique projects or those similar to projects normally requiring preparation of an Environmental Impact Statement. The fifteen-day objection period is a statutory requirement. The objection period follows the submission date specified in the Notice or the actual date of receipt by HUD/State, whichever is later.
Page 2-21.1, .2, and .3
Revised: 10/19/2024
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