Marion

Legal Notice

NOTICE OF FINDINGS OF CATEGORICALLY EXCLUDED ACTIVITY/PROJECT AND
NOTICE OF INTENT TO
REQUEST RELEASE OF FUNDS

Date of Notice: January 12th, 2024

Name of Responsible Entity:
The City of Fairmont

Address: 200 Jackson Street
Fairmont, WV 26554

Telephone Number: 304-366-6211

These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the City of Fairmont and the Fairmont-Morgantown Housing Authority.

REQUEST FOR
RELEASE OF FUNDS

On or about January 30th, 2024, the City of Fairmont will authorize the Fairmont-Morgantown Housing Authority to submit a request to the HUD Baltimore Field Office for the release of HUD funds, including operating funds that will be used for HUD funded activities. The project sites are located at various Public Housing sites within the corporate limits of the City of Fairmont WV.

CATEGORICALLY
EXCLUDED ACTIVITY/PROJECT

The City of Fairmont has determined that the project activities are categorically excluded and will have no environmental impact or individual impact. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required, and the activities/projects convert to Exempt. Additional project information is contained in the Environmental Review Record (ERR) on file at The City of Fairmont, 200 Jackson Street Fairmont, WV 26554 the ERR can also be examined at The Fairmont- Morgantown Housing Authority, 103 12th Street Fairmont, WV 26554 and may be examined or copied at the City of Fairmont, Monday through Friday 9:00am-3:00pm or at the Fairmont-Morgantown Housing Authority Monday through Thursday 9:00 A.M to 3:00 P.M.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to the City of Fairmont, PO Box 1428 Fairmont, WV 26555. All comments received by January 26th, 2024, will be considered by The City of Fairmont prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing.

ENVIRONMENTAL
CERTIFICATION

The City of Fairmont certifies to HUD Baltimore Field Office that Mayor Anne Bolyard in her capacity as Mayor of the City of Fairmont 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 Baltimore Field Office approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the Fairmont- Morgantown Housing Authority to use Program funds.

OBJECTIONS TO
RELEASE OF FUNDS

HUD Baltimore Field Office will accept objections to its release of fund and the City of Fairmont’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 City of Fairmont; (b) the City of Fairmont 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 Baltimore Field Office; 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 HUD Baltimore Field Office at City Crescent Building, 10 South Howard Street, 5th Floor Baltimore MD 21201-2505. Potential objectors should contact HUD Baltimore Field Office to verify the actual last day of the objection period.

Anne Bolyard-Mayor
City of Fairmont

ID: 766804