Combined Notice - Notice to Public of No Significant Effect on the Environment and Notice to Public of Request for Release of Funds

Thursday, July 5, 2018



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Date:  July 5, 2018


Applicant:  City of Newport

Address:     998 Monmouth Street, Newport,  Kentucky      Telephone:  859-292-3666




On or about July 24, 2018, the City of Newport will request the Kentucky Department for Local Government to release federal funds under Title I of the Housing and Community Development Act of 1974 (PL 93-383) for the following project:


Project Name:  Newport 2017 Homeownership Development Project


Purpose of Project: Rehabilitation of four existing single family homes and construction of one new single family home will all homes to be sold to income-eligible owner-occupants


Project Locations: 712 Columbia Street, 910 Columbia Street, 925 Columbia Street, 934 Columbia Street and 224 West 10th Street, Newport, Kentucky


It has been determined that such request for release of funds will not constitute an action significantly affecting the quality of the human environment and accordingly, the City of Newport has decided not to prepare an Environmental Impact Statement (EIS) under the National Environmental Policy Act of 1969 (PL-91-190).  These reasons for this decision are:


1. TheKentuckyHeritage Council must review and approve all rehabilitation prior to start of work.

2. TheKentuckyHeritage Council must review and approve new construction prior to start of work.

3. Native American Tribes have been consulted and issued no adverse comments about the project.

4. Proposed project activities have been found to meet applicable zoning requirements.

5. Public utilities are in place and adequate to meet projected service demands from the project.

6. Proposed activities are not expected to create significant negative environmental impacts.


An Environmental Review Record (ERR) respecting the within project has been made by the City of Newport which documents the environmental review of the project and more fully sets forth the reasons why an EIS is not required.  The ERR is on file at the Customer Service Desk, 2nd Floor,NewportCity Hall,998 Monmouth Street,Newport,Kentucky and may be inspected and reviewed at that address during normal office hours.  No further environmental review is proposed to be conducted prior to the request for release of funds.


All interested agencies, groups or persons disagreeing with this decision are invited to submit written comments for consideration by the City ofNewportto Thomas Fromme, City Manager,998 Monmouth Street,Newport, Kentucky41071.  Such written comments must be received at the above address on or before 4:30 pm, prevailing local time on July 23, 2018.


All such comments so received will be considered and the City ofNewportshall not request the release of federal funds or take any administrative action on the within project prior to the date and time specified in the preceding sentence.


The City of Newport will undertake the project described above with Community Development Block Grant funds and the City of Newport and Jerry R. Peluso, Mayor, in his capacity as Environmental Certifying Officer, consent to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision making and action; and that these responsibilities have been satisfied.  The legal effect of this certification is that upon its approval the City ofNewportmay use the Community Development Block Grant funds and the State and HUD will have satisfied their responsibilities under the National Environmental Policy Act of 1969.  The State will accept an objection to its approval only if it is on one of the following bases:


(a)  That certification was not in fact executed by the City’s Certifying Officer.


(b)  The City has failed to make one of the two findings pursuant to S58.40 or to make the written determination decision required by SS58.57, 58.53 or 58.64 for the project, as applicable.


(c)  The City has omitted one or more of the steps set forth at Subparts F and G for the preparation and completion of an EA.


(d)  No opportunity was given to the Advisory Council on Historic Preservation or its Executive Director to review the effect of the project on a property listed on the National Register of Historic Places, or found to be eligible for such listing by the Secretary of the Interior, in accordance with 36 CFR Part 800.


(e)  The recipient has committed funds or incurred costs not authorized by this part before release of funds and approval of the Environmental Certification by HUD or the State.


(f)  Objections have been made by a federal agency.


Objections must be prepared and submitted in accordance with the required procedures set forth at 24 CFR Part 58 and must be addressed to the Department for Local Government, 1024 Capital Center Drive, Frankfort, Kentucky  40601.


Objections to the release of funds on bases other than those stated above will not be considered by the State.  No objection received after 4:30 pm prevailing local time on August 9, 2018 will be considered by the State.


Jerry R. Peluso, Environmental Certifying Officer

City ofNewport

998 Monmouth Street

Newport,  Kentucky 41071




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