Legal Notices for 02/10/10, page 3

 COMBINED NOTICE

Notice to Public of No Significant Effect on the Environment And Notice to Public of Request for Release of Funds

Date of Notice Publication: February 10, 2010

Pat White, Judge Executive,

Whitley County Courthouse

PO Box 237, Williamsburg, KY 40769; 606-549-2973

TO ALL INTERESTED AGENCIES, GROUPS, AND PERSONS:

On or about March 1, 2010, Whitley County will request a release of funds from the Department for Local Government for the following Project:

Project Title: Whitley County’s Zero Energy Homes Project

Project Location: Scattered Sites within the southern parts of Whitley County

Purpose of Project: In accordance with the purposes outlined in the Community Development Block Grant Recovery Program pursuant to the Housing and Community Development Act of 1974 as amended and those regulations set forth in 24 CFR Part 570, Subpart I, and the American Recovery Reinvestment Act of February, 2009, the purpose of this development is to provide benefits to low and moderate income persons and to address the critical need for affordable housing in the area by providing safe, decent, sanitary, and energy efficient affordable housing to improve the affordable housing stock in Whitley County, KY.  This project meets the Recovery Act objectives of maximizing job creation and economic benefit by preserving an estimated 10 full-time and 6 part-time construction jobs.  This project also meets the Recovery Act objective by maximizing energy conservation through the construction of three zero energy homes in a rural area.

Responsible Entity: Pat White, Whitley County Judge Executive

Applicant/Recipient Agency: Whitley County, PO Box 237, Williamsburg, KY  40769

It has been determined that such request for release of funds will not constitute an action significantly affecting the quality of human environment and, accordingly, the above-named county has decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969 (PL-91-190).

An Environmental Review Record respecting the within project has been made by the above named County which documents the environmental review of the project and more fully sets forth the reasons why such Statement is not required. This Environmental Review Record is on file at the above address and is available for public examination and copying, upon request, between the hours of 9am and 4pm.  No further environmental review of such project is proposed to be conducted prior to the request for release of federal funds.

All interested agencies, groups, and persons disagreeing with this decision are invited to submit written comments for consideration by the Whitley County Judge Executive. Such written comments should be received at the Whitley County Courthouse, PO Box 237 Williamsburg, KY 40769 on or before March 1, 2010.  All such comments so received will be considered and the County will not request the release of Federal funds or take any administrative action on the within project prior to the date specified on the proceeding sentence.

Whitley County will undertake the project described above with proposed funding from the Community Development Block Grant Recovery Program funds from the Department for Local Government funded under the American Recovery Reinvestment Act of February, 2009

Whitley County is certifying to the state that the Judge Executive Pat White, in his official capacity with Whitley County, consents 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 the certification is that upon its approval, Whitley County may use the proposed Community Development Block Grant Recovery 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) The certification was not in fact executed by the Certifying Officer.

(b) The County has filed to make one of the two findings pursuant to S58.41 or to make the written determination decision required by SS578.57, 58.53 or 58.64 for the project, as applicable.

(c) The County 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 (24 CFR Part 58) and may be addressed to the Department for Local Government, ATTN Jennifer Peters, 1024 Capital Center Drive, Frankfort, KY 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 March 16, 2010 will be considered by the state.

Williamsburg Nursing Home, Williamsburg, Kentucky

is licensed by the state of Kentucky as a Nursing Facility, and is certified for participation in the Medicare and Medicaid programs. Residents are admitted and served equally without regard to race, color, or national origin. Williamsburg Nursing Home is an Equal Opportunity Employer