Legal Notices

FINAL NOTICE AND PUBLIC EXPLANATION OF A PROPOSED ACTIVITY IN A 100-YEAR FLOODPLAIN AND FINDING OF NO SIGNIFICANT IMPACT 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 conducted an evaluation as required by Executive Order 11988, in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management and Wetlands Protection. The activity is funded under the WV CDBG-DR Economic Development Program, under HUD Grant No. B-16-DL-0001. The proposed project(s) is located 550 Cherokee Drive, in the Town of Clay, Clay County, WV. The proposed project which is in the 100-year floodplain 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 with the 100-year floodplain are estimated at less than one acre. WVDED has considered the following 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 and 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. WVDED has reevaluated the alternatives to building in the floodplain and has determined that it has no practicable alternative. Environmental files that document compliance with steps 3 through 6 of Executive Order 11988, are available for public inspection, review and copying upon request at the times and location delineated in the last paragraph of this notice for receipt of comments. 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. 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. FINDING OF NO SIGNIFICANT IMPACT The West Virginia Department of Economic Development (WVDED) 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) on file at the West Virginia Community Advancement and Development, 1900 Kanawha Blvd. East, Building 3, Suite 700, Charleston, WV 25305, where the ERR is available for review and may be copied weekdays 9:00 a.m. to 5:00 p.m. PUBLIC COMMENTS Any individual, group, or agency may submit written comments on the ERR to, Attention: Jennifer Ferrell, West Virginia Community Advancement and Development, 1900 Kanawha Blvd, East, Building 3, Suite 700, Charleston, WV 25305. All comments received by July 11, 2022, will be considered by the West Virginia Community Advancement and Development Office prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing. Comments may also be submitted via email at [email protected]. LC-131656 06-24;2022