City of Batavia Legal Notice
NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
October 14, 2022
City of Batavia
One Batavia City Center
Batavia, NY 14020
Telephone: 585-345-6300
These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the City of Batavia.
REQUEST FOR RELEASE OF FUNDS
On or about November 1, 2022, the City of Batavia will submit a request to the Office of Community Renewal for the release of CDBG funds under Title 1 of the Housing and Community Development Act of 1974, as amended, to undertake a project known as Jackson Street Water System Improvements for the purpose of completing watermain improvements along Jackson Street between Ellicott Street and Chestnut Street in the City of Batavia, NY. The project involves the replacement of existing 4” and 6” diameter water lines with approximately 2,400 linear feet (LF) of 8” diameter water lines and three (3) fire hydrants and the installation of additional fire hydrants. Estimated funding includes CDBG finding in the amount of $1,000,000 and local funding in the amount of $351,908.
FINDING OF NO SIGNIFICANT IMPACT
The City of Batavia 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 City of Batavia Offices at One Batavia City Center, Batavia, NY 14020 and may be examined or copied weekday’s 8:30 AM to 4:30 PM.
PUBLIC COMMENTS
Any individual, group, or agency may submit written comments on the ERR to the City of Batavia. All comments received by October 31, 2022, will be considered by the City of Batavia prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing.
ENVIRONMENTAL CERTIFICATION
The City of Batavia certifies to the Office of Community Renewal that Eugene Jankowski, Jr. in his capacity as Council President 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. The Office of Community Renewal’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the City of Batavia to use Program funds.
OBJECTIONS TO RELEASE OF FUNDS
The Office of Community Renewal will accept objections to its release of fund and the City of Batavia 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 Batavia; (b) the City of Batavia City Council 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 the Office of Community Renewal; 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 Crystal Loffler, Acting President, at Office of Community Renewal, Hampton Plaza, 38-40 State Street, 4th Floor, Albany, NY 12207. Potential objectors should contact the Office of Community Renewal to verify the actual last day of the objection period.
Eugene Jankowski, Jr., Batavia City Council President