Mercer

Legal Notice

NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
FOR TIERED PROJECTS AND PROGRAMS

Date of Publication: April 20, 2024
City of Bluefield
200 Rogers Street
Bluefield, WV 24701
304-327-2401

On or after April 29, 2024, the City of Bluefield will authorize the Bluefield WV Economic Development Authority to submit a request to the HUD Community Planning and Development Office for the release of Community Project Funding Grant funds under the Consolidated Appropriations Act 2022 (P.L. 117-103) to undertake the following project:

Tier 1 Broad Review Project/Program Title: Bluefield Restoration
Purpose: To make the store fronts within the City of Bluefield more aesthetically pleasing.
Project/Program Description: This program will allow small businesses within city limits to complete upgrades to the façade of their establishment and be reimbursed for half of the cost of the project up to $15,000.
Location: Within Bluefield, WV city limits.
Tier 2 site-specific reviews will be completed for those laws and authorities not addressed in the Tier 1 broad review for each address under this program when addresses become known.
Level of Environmental Review Citation: 24 CFR 58.35(a)(3)(iii)
Tier 2 Site Specific Review: The site-specific reviews will cover the following laws and authorities not addressed in the Tier 1 broad review: Flood Insurance [Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a]], Floodplain Management [Executive Order 11988, particularly section 2(a); 24 CFR Part 55], Historic Preservation [National Historic Preservation Act of 1966, particularly sections 106 & 110; 36 CFR Part 800]
Mitigation Measures/Conditions/Permits (if any): Flood Insurance: In the Tier 2 ER, we will question whether a business owner has previously received assistance after a flood at their address. If so, we will question whether a condition of that assistance was obtaining flood insurance and will verify whether that was obtained.
Floodplain Management: There is one small area within the city limits that is within the 100-year floodplain. The location will rule the need for this item, and will be determined by a floodplain map.
Historic Preservation: Each business will be evaluated within the Tier 2 review in compliance with SHPO. It is a requirement by the State of WV SHPO that each participant do a complete 106 review, if applicable.

Estimated Project Cost: HUD portion $600,000, Total Project Cost $1,100,000

The activity/activities proposed are categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act (NEPA) requirements per 24 CFR Part 58.35 (a) (3)(iii). An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file at City of Bluefield, 200 Rogers Street, Bluefield, WV 24701 and may be examined or copied weekdays 9 A.M to 5 P.M. or if the review was completed in HEROS at https://www.hudexchange.info/programs/environmental-review/environmental-review-records/.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to the City of Bluefield. All comments received by April 28, 2024 will be considered by the City of Bluefield prior to authorizing submission of a request for release of funds.

ENVIRONMENTAL CERTIFICATION

The City of Bluefield certifies to HUD that Ron Martin, Certifying Officer, in his capacity as Mayor at City of Bluefield 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/WV’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the Bluefield WV Economic Development Authority to use HUD program funds.

OBJECTIONS TO RELEASE OF FUNDS

HUD will accept objections to its release of funds and the City of Bluefield’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 Bluefield; (b) the City of Bluefield 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 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 at 1000 Liberty Avenue, Suite 1000, Pittsburgh, PA 15222 or emailed to [email protected]. Potential objectors should contact HUD to verify the actual last day of the objection period.

Ron Martin, Mayor, City of Bluefield, Certifying Officer

ID: 791271