NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
Date of Notice: September 11, 2021
The City of Elkins
401 Davis Avenue
Elkins, WV, 26241
Phone: (304) 636-1414, ext. 1211
These notices shall satisfy two separate but related procedural requirements for activities to be under taken by the Firefly Commons Limited Partnership
REQUEST FOR RELEASE OF FUNDS
On or about September 27, 2021 the City of Elkins will authorize Firefly Commons Limited Partnership to submit a request to Housing and Urban Development for the release of PBV funds under Section 8(0) (13) of the United States Housing Act of 1937, 42 U.S.C. 1473f (0) (13), as amended by section 232 of the Fiscal Year 2001, to undertake a project known asThe Firefly Commons Project for the purpose of New construction of 7 residential building for the Project.
FINDING OF NO SIGNIFICANT IMPACT
The City of Elkins 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). The ERR on file at The City of Elkins, City Clerk’s Office, 401 Davis Avenue, Elkins, WV, 26241 and may be examined or copied weekdays from 8:30 a.m. to 4:00 p.m.
PUBLIC COMMENTS
Any individual, group, or agency may submit written comment on the ERR to the City of Elkins at the address above. All comments received by September 27, 2021will be considered by the City of Elkins prior to authorizing submission of a request to release of funds. Comments should specify which Notice they are addressing.
ENVIRONMENTAL CERTIFICATION
The City of Elkins certifies to Housing and Urban Development thatJessica Sutton,in her Capacity as City Clerk,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 Firefly Commons Limited Partnership to use program funds.
OBJECTIONS TO RELEASE OF FUNDS
HUD will accept objections to its release of funds and the City of Elkins certification for a period of fifteen days following the anticipated submission 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 City of Elkins; (b) The City of Elkins 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 the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedure (24 CFR Part 58, Sec. 58.76) and shall be addressed to HUD office at 451 7th Street SW, Washington, D.C. 20410, Room 4220. Potential objectors should contact HUD to verify the actual last day of the objection period.
Jessica R. Sutton
City Clerk, Elkins WV
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