Legal Notices

EARLY NOTICE AND PUBLIC REVIEW OF A PROPOSED ACTIVITY IN A 100-YEAR FLOODPLAIN To: All interested Agencies, Groups and Individuals This is to give notice that the West Virginia Department of Economic Development (WVDED), formerly known as the WV Development Office has determined that the following proposed action under the WV CDBG-DR Economic Development Program, HUD Grant No. B-16-DL-0001 is located in the 100-year floodplain. WVDED, along with the Town of Clay subrecipient have identified and evaluated practicable alternatives to locating the action in the floodplain and the potential impacts on the floodplain from the proposed action, as required by Executive Order 11988, and in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management and Protection of Wetlands. The specific project is the replacement ehabilitation of the sewage treatment facilities damaged by the June 2016 floods in West Virginia. The proposed project which in in the100 year flood plain will also include the replacement of 1000 linear feet of existing 10″ inch clay sewer mains, replacement of 4 manholes, replacement of existing pumps and controls at the five sewage pumping stations. Permanent generators will also be installed at four of the five pumping stations for emergency services. The sewer system serves the entirety of the Town of Clay, from Clay Junction to the Pisgah Bridge, and the Cherokee Drive lay County High School area which extends approximately one mile downstream of the Town’s corporate boundaries. Very little of the service area will be disturbed as part of the replacement project. The proposed project is located at the following locations: Waste Water Treatment Plant (550 Cherokee Drive, Clay, WV); Two Run Pumping Station (Lat: 38 28’31”, Long: 81 4′ 53″): WTP Pump Station: (Lat: 38 27′ 50″, Long: 81″ 4′ 29″); #3 Pumping Station: (Lat: 38 27′ 38″, Long: 81 5′ 16.5″); Junior Gray Pumping Station, (Lat: 38 27′ 13″, Long 18 5′ 24″); High School Pumping Station: (Lat: 38 26′ 43″, Long: 81 5′ 36″); WWTP, Lat: 38 26′ 53″, Long: 81 5′ 23″). All 6 (six) locations are located within the 100-year floodplain. The areas to be disturbed within the 100-year floodplain are estimated at less than one acre. WVDED has considered alternatives and mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial values. A No Action Alternative does not achieve the State of West Virginia’s goals for implementation of resilience measures to mitigate damage from future weather extremes. Not addressing this specific damaged sewer treatment facility and elevating critical controls will pose lingering health and safety risks to the environment and individuals, including potential damages to the corporate district and residential homes with exposure to sewage waste. Because of the location of this project, removal and replacement activities must be conducted in the floodplain area. Replacement ehabilitation of this sewer project is critical and will serve approximately 259 customers. 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. Commenters are encouraged to offer alternative sites outside of the floodplain, alternative methods to serve the same project purpose, and methods to minimize and mitigate impacts. 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. Written comments must be received by WVDED at the following address on or before May 9, 2022. Submit comments to: Jennifer Ferrell, West Virginia Community Advancement and Development, 1900 Kanawha Blvd. East, Building 3, Suite 700, Charleston, WV 25305. A full description of the project may also be reviewed weekdays from 9:00 a.m. to 5:00 p.m. at the same address. Comments may also be submitted via email to: [email protected]. LC-127943 04-22;2022