Categorized | Public Notice

5/16/13 Newport Drainage Flood Protection Improvements (CDBG) (Millington)


Combined Public Notice
[1] Notice of Finding of No Significant Impact on the Environment; and
[2] Notice of Intent to Request Release of Funds

On or about June 4, 2013 Shelby County will request the U. S. Department of Housing and Urban Development [HUD] to release funds under Title 1 of the Housing and Community Development Act of 1984 [P. L. 93-383] for the following project:

Newport Drainage Flood Protection Improvements (CDBG) (Millington)- This activity will provide funding for flood protection and storm water drainage improvements to the Newport Drainage Ditch in Millington, TN

[1] Finding of No Significant Impact [FONSI] on the Environment

It has been determined that the proposed project will not constitute an action significantly affecting the quality of the human environment and, accordingly, Shelby County has decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969 [P.L. 91 1 901]. The reasons for the decision not to prepare such a Statement are as follow:

1. The project is not located within a regulatory 100-year floodplain.
2. Solid waste accumulation during project implementation will be minimal, temporary, and should be disposed of regularly to maintain site safety.
3. This project will have no effect on historic properties, as there are none located in the project area.
4. Proposed project activities would not adversely affect water or air quality, or disrupt or endanger the life or habitat of any wildlife that may exist within the area.
5. The project is compatible with the existing land use of the area.
6. Noise created during the construction of the project improvements will be temporary and confined to the immediate area.

Environmental Review Records regarding the proposed project have been made by Shelby County and document the environmental review of the project and more fully set forth the reasons why such a Statement is not required. These Environmental Review Records are on file and available for public examination and copying upon request at the Shelby County Department of Housing, 1075 Mullins Station Road, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. No further environmental review of this project is proposed to be conducted prior to the request of release of Federal funds.

All interested agencies, groups, and persons disagreeing with this decision are invited to submit written comments for consideration by Shelby County to the Department of Housing. Comments may not be sent by facsimile (fax). Such written comments should specify that these comments are to be considered for the FONSI and should be received at 1075 Mullins Station Road, Memphis, TN 38134 on or before June 3, 2013. All such comments so received will be considered and the County will not request release of Federal funds or take any administrative action on the proposed project prior to June 4, 2013.

[2] Notice of Intent to Request Release of Funds [NOI / RROF]

At least one day after the termination of the public comment period for the FONSI, but not before comments on the FONSI have been considered and resolved, Shelby County will submit a Request for Release of Funds [RROF] and Certification to HUD. By doing so, the County will ask HUD to allow it to commit funds to the project, certifying that [1] It has performed the environmental review prescribed by HUD regulations [Environmental Review Procedures for Title 1 Community Development Block Grant Program -24 C.F.R. Part 581, and [2] Shelby County and Mark H. Luttrell, Jr. in his official capacity as Mayor consent to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to the environmental review or resulting decision making and action. The legal effect of the certification is that by approving it, HUD will have satisfied its responsibilities under the National Environment Act, thus allowing the County to commit Community Development Block Grant funds to the project.

HUD will accept objections to its approval of the release of funds and the certification only on one of the following bases: [a] that the certification was not in fact executed by the Certifying Officer; or [b] that applicants Environmental Review Record for the project indicated omission of a required decision, finding, or step applicable to the project in the environmental review process. Objections must address specifically the RROF separately from the FONSI comments and these comments must be prepared and submitted in accordance with the required procedure [24 CFR Part 581] and may be addressed to the HUD CPD, 710 Locust Street Suite 30, Knoxville, Tennessee.

Objections to the release of funds on bases other than those stated above will not be considered by HUD, nor will objections received after June 3, 2013.

Mark H. Luttrell, Jr.
Mayor, Shelby County Mayor

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