COMBINED PUBLIC NOTICE: NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS, AND NOTICE AND PUBLIC EXPLANATION OF A PROPOSED ACTIVITY NEAR A WETLAND
April 23, 2018
Grantee: Rockingham County
Address: 119 North Road, Brentwood, New Hampshire 03833 Contacts: Kevin Coyle 679-9350, Donna Lane 344-7505
These notices shall satisfy three separate but related procedural requirements for activities to be undertaken by Rockingham County Per 24 CFR 58.33 and 24 CFR 55.20(b)(1), the combined Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Funds (FONSI/NOI-RROF), and the Notice and Public Explanation of a Proposed Activity near a wetland will be published simultaneously with the submission of the Request of Release of Funds (RROF) . The comment periods for the FONSI/NOI- RROF, Explanation of a Proposed Activity in near a wetland and RROF have been combined.
REQUEST FOR RELEASE OF FUNDS: On or about May 11, 2018, Rockingham County will request CDFA/CDBG to release CDBG Program Funds for the proposed following activities: $500,000+/- in CDBG funds. The County will retain $17,000+/- for administrative costs and to subgrant $483,000+/- to CEDC/REDC. CEDC/REDC will retain $10,000+/- for loan servicing costs and loan $473,000+/- to Northwoods Brewing Co., LLC / Johnson’s Restaurant for working capital/equipment for their new event space. As a part of this project, Northwoods Brewing Co., LLC /Johnson’s will be creating a minimum of 25 jobs that will primarily be available to low and moderate income persons. The project is located near a wetland.
CDBG Funds: $500,000. Other Funds $500,000+/- Total Project Cost: $1,000,000+/-.
FINDING OF NO SIGNIFICANT IMPACT: Rockingham County has determined that the project will have no significant impact on the human environment. This determination is based on the assumption that the Northwoods Brewing Co., LLC/Johnson’s will obtain all permits required, and will adhere to all applicable regulations. 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 Rockingham County, 119 North Road, Brentwood, NH 03833 and may be examined or copied weekdays 9 A.M. to 4 P.M.
PUBLIC EXPLANATION OF A PROPOSED ACTIVITY NEAR A WETLAND: This is to give notice that Rockingham County conducted an evaluation as required by Executive Order 11990, in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Wetlands Protection. The activity may be funded under the Community Development Block Grant (CDBG) under Title I of the Housing and Community Development Act of 1974 (PL 93-383), the National Affordable Housing Act, as amended. The proposed project is an expansion project of the existing Johnson’s Restaurant to include a brewery and event center located on an approximately 14.55-acre site at 1334 First NH Turnpike Northwood, NH. The subject property includes one wetland that comprises approximately 0.77 acres. A sewer pipe will run underneath the wetland, using horizontal drilling techniques, so that no direct or indirect impacts to the wetland or its 50 foot buffer are anticipated.
Rockingham County considered alternatives and mitigation measures to the proposed project to minimize adverse impacts and to preserve natural and beneficial values of the on-site wetland. One alternative considered was to excavate a traditional trench through the wetland to get to the leachfields but this was rejected because of the potential significant impacts to the wetland. A second alternative considered was to undergo the project without the use of federal funding. This alternative was initially selected, and work began under this plan. However, as cost overruns mounted it was clear that there were going to be future funding gaps and was clear that Federal funding sources needed to be considered. For this reason this alternative was dismissed. Finally, though not considered to be feasible, one option would have been to repair the existing septic system to reverse the early stages of failure. This option was not considered since it was determined early on that the current leach field would still be suitable solely for wastewater generated in the brewery, while sewage would be managed separately in a new septic system.
Rockingham County has reevaluated the alternatives to the proposed work near the wetland and have determined that it has no practicable alternative. Environmental files that document compliance with steps 3 through 6 of Executive Order 11990, are available for public inspection, review and copying upon request at the times and location delineated in the last paragraph of this notice for receipt of comments.
There are three primary purposes for this notice. First, people who may be affected by activities near wetlands and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and provide information about these areas. Second, an adequate public notice program can be an important public educational tool. The dissemination of information and request for public comment about wetlands can facilitate and enhance Federal efforts to reduce the risks and impacts associated with the occupancy and modification of these special areas. Third, as a matter of fairness, when the Federal government determines it will participate in actions taking place near wetlands, it must inform those who may be put at greater or continued
PUBLIC COMMENTS: Any individual, group, or agency disagreeing with this determination or wishing to comment on the project may submit written comments to Kevin Coyle at the Rockingham County Commissioners Office. All comments received by May 10, 2018 will be considered by Rockingham County prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing (Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Funds, or the Notice and Public Explanation of a Proposed Activity near wetlands) Written comments must be received by Rockingham County at the following address on or before May 10, 2018. Rockingham County Commissioners, 119 North Road, Brentwood, NH 03833, Attention: Kevin Coyle. Comments may also be submitted via John Roberts at firstname.lastname@example.org. A full description of the project may also be reviewed from 9am-4pm Rockingham County Commissioners Office, 119 North Road, Brentwood, NH 03833. Or requested at email@example.com
RELEASE OF FUNDS: Kevin Coyle certifies to CDFA/CDBG that in his capacity as Chairman, Rockingham County Commissioners, he 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. CDFA/CDBG’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows Rockingham County to use Program funds.
OBJECTIONS TO RELEASE OF FUNDS CDFA/CDBG: will accept objections to its release of funds and Rockingham County’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 Rockingham County; (b) Rockingham County 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 has committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by CDFA/CDBG; 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) and shall be addressed to CDFA/CDBG, 14 Dixon Ave, Suite 102, Concord, NH 03301. Potential objectors should contact CDFA/CDBG (226-2170) to verify the actual last day of the objection period (approx.. May 25, 2018)