Combined Notice of Finding of No Significant Impact and Notice of Intent to Request a Release of Funds

11/01/2021

Town of Yemassee

101 Town Circle

Yemassee, SC 29945

(843) 589-2565

These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by Town of Yemassee.

REQUEST FOR RELEASE OF FUNDS

On or about November 22, 2021, Town of Yemassee will submit a request to the SC Department of Commerce/Grants Administration Division for the release of CDBG funds under Title I of the Housing and Community Development Act of 1974, as amended, to undertake a project known as the “Town of Yemassee Water/Sewer Improvements Project” where the Town proposes to use the funding to extend and/or upgrade sewer and water lines in the town to provide significant improvements to existing infrastructure to improve the health and safety of residents and improve fire flow and water pressure in the service area.

Wetland information is as follows:

Wetland 1 is located on Highway 17A/21 in a 4.18-acre site, of which 0.32 acres were identified as wetlands and/or other aquatic resources/waters of the United States pursuant to Section 404 of the Clean Water Act (CWA).  Wetland 2 is located in a 1.7-acre site on Riley/Willis Street and consists of approximately 0.07 acres. Wetland 3 is located on a 4.04-acre site on Salkahatchie Road and consists of approximately 0.02 acres of wetlands.

Ground disturbance will be on either side of the streets within the public utility rights of way and will possibly require open cut, jack and bore and/or trenchless technology wherever possible.  All trenches will be between 48 and 60 inches deep (4 and 5 feet) and approximately 2 ft. wide.  Based on a delineation conducted, non-jurisdictional wetlands are located on Terry Road (20 LF) and Riley Street (50LF). Rights-of-way are vegetated with common right-of-way grasses that are regularly mowed by SC DOT in the areas of ground disturbance.

Wetland areas have natural and beneficial values and functions; including but not limited to helping to clean water, helping to recharge water supplies, helping to reduce flood risks, and providing fish and wildlife habitat. Additionally, wetlands areas provide recreational opportunities, aesthetic benefits, sites for research and education and fishery benefits. In all areas where work will be completed adjacent to existing wetlands, a double row of silt fence will be installed between the wetland and the limits of disturbance. If the non-jurisdictional aquatic features are deemed jurisdictional by the US Army Corps of Engineers, and direct impacts are proposed in conjunction with the water/sewer line project, the impacts would require authorization from the USACE and SCDHEC via a Nationwide Permit (NWP).

Best management practices will be followed which include siting all areas outside of wetland areas, avoiding construction during sensitive times of the year that will impact fish spawning and bird nesting habitats, maintain site specific erosion control measures, restore the area to preconstruction conditions, plant or re-establish vegetation buffers in coordination with an invasive species control plan.

The contractor will comply with all environmental regulations and permits pertaining to minimizing impacts on wetlands. If the measures noted above are found to be unfeasible, and wetland disturbance becomes unavoidable, the team will coordinate with USACE in order to obtain permission to complete the proposed utility work with as minimal amount of wetland disturbance as necessary. In this case, utilities may require installation by jack and bore method or be horizontal directionally drilled to avoid installation across the wetland; and may require localized horizontal offsets to avoid the existing wetlands.

FINDING OF NO SIGNIFICANT IMPACT

The Town 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 Town of Yemassee Administration Office, 101 Town Circle, Yemassee, SC and may be examined or copied weekdays 9AM to 5P.M.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to Town of Yemassee SC, (843) 589-2565, Attention: Matt Garnes, Town Clerk and it may be examined or copied weekdays 9A.M to 5P.M. All comments received by November 19, 2021, will be considered by Town of Yemassee prior to authorizing submission of a request for release of funds.  Comments should specify which Notice they are addressing.

ENVIRONMENTAL CERTIFICATION

Town of Yemassee certifies to SC Department of Commerce/Grants Administration Division that Colin Moore in his capacity as Town Mayor 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 SC Department of Commerce/Grants Administration Division approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows Town of Yemassee to use Program funds.

OBJECTIONS TO RELEASE OF FUNDS

The SC Department of Commerce/Grants Administration Division will accept objections to its release of funds and the Town’s 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 Town of Yemassee; (b) the Town 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 Department of Commerce/Grants Administration Division; 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 SC Department of Commerce/Grants Administration Division at 1201 Main Street, Suite 1600, Columbia, SC, 29201.  Potential objectors should contact SC Department of Commerce/Grants Administration Division to verify the actual last day of the objection period.