Thursday, February 6, 2020
NOTICE TO PUBLIC OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT AND NOTICE TO PUBLIC OF REQUEST FOR RELEASE OF FUNDS
Date: February 6, 2020
Responsible Entity: City of Newport
Address: 998 Monmouth Street, Newport, Kentucky
Recipient: Neighborhood Foundations
Address: 30 East 8th Street, Newport, Kentucky 41071
TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS:
On or about February 25, 2020, the City ofNewportwill request the United States Department of Housing and Urban Development to release federal funds under the Capital Fund Program, Replacement Housing Factor Capital Fund Program and Operating Funds (funding years 2017, 2018, 2019, 2020 and 2021) for the following project:
Project Name: Buena Vista Addition
Purpose of Project: Construction of ten (10) single family detached homes with all homes to be sold to income-eligible owner-occupants. Estimated HUD finding for the project is $2,000,000.
Project Locations: 805, 807,814,822,824,830,838, 842, 844 and 846 Ann 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 has issued a Conditional No Adverse Effect Finding and must
review and approve all construction activities prior to start of work.
2. Native American Tribes have been consulted and issued no adverse comments about the project.
3. Proposed project activities have been found to meet applicable zoning requirements.
4. Neighborhood organizations affected by the proposed project have formally endorsed the project.
5. Public utilities and municipal services are available and adequate to meet project service demands.
6. No environmental conditions in or near the project area pose adverse effects on proposed activities.
7. 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 February 24, 2020.
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.
Neighborhood Foundations, a HUD-approved public housing authority and prospective Recipient of funds for which HUD release is requested herein, will undertake the project described above with Capital Fund Program, Replacement Housing Factor Capital Fund Program and Operating Funds (funding years 2017, 2018, 2019, 2020 and 2021) funds and the City of Newport as the Responsible Entity and Jerry R. Peluso, Mayor, in his capacity as Environmental Certifying Officer, have consented 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 Neighborhood Foundations, a HUD-approved public housing authority and prospective Recipient of funds for which HUD release is requested herein, may use Capital Fund Program, Replacement Housing Factor Capital Fund Program and Operating Funds (funding years 2017, 2018, 2019, 2020 and 2021) funds and HUD will have satisfied its responsibilities under the National Environmental Policy Act of 1969. HUD 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 Responsible Entity’s Certifying Officer.
(b) The Responsible Entity has failed to make one of the two findings pursuant to SS58.40 or to make the written determination decision required by SS58.57, 58.53 or 58.64 for the project, as applicable.
(c) The Responsible Entity 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.
(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: U.S. Department of Housing & Urban Development
601 West Broadway, Room 110
Objections to the release of funds on bases other than those stated above will not be considered by HUD. No objection received after 4:30 pm prevailing local time, March 13, 2020 will be considered by HUD..
Jerry R. Peluso, Environmental Certifying Officer
City ofNewport, Responsible Entity
998 Monmouth Street
Newport, Kentucky 41071