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MARBLE FALLS, TEXAS FINAL NOTICE AND PUBLIC EXPLANATION OF A PROPOSED ACTIVITY IN A 100-YEAR FLOODPLAINMARBLE FALLS, TEXAS
FINAL NOTICE AND PUBLIC EXPLANATION OF A PROPOSED
ACTIVITY IN A 100-YEAR FLOODPLAIN
COMBINED NOTICE TO PUBLIC OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT
NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
This Notice shall satisfy the above-cited three separate but related procedural notification requirements.
800 3rd St.
Marble Falls, Texas 78654-5728
March 26 , 2013
To: All interested Agencies, Groups and Individuals:
This is to give notice that the City of Marble Falls has conducted an evaluation as required by Executive Order 11988, in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management, to determine the potential affect that its activity in the floodplain and wetland will have on the human environment for the Texas Community Development Block Grant 2012 Sewer Improvement Project for the City of Marble Falls, Contract No. 712219 in the total grant amount of $275,000.00.
The City of Marble Falls is proposing to replace the deteriorated sewer lines to resolve the problems in the project area. Construction shall consist of two thousand five hundred linear feet (2,500 l.f.) of twelve-inch (12”) and fifteen-inch (15”) PVC sewer line, eight (8) manholes and associated appurtenances. Construction shall take place at the below listed city streets:
STREET FROM TO
Alley W of Ave. N 3rd Street 5th Street
5th Street Alley W of Ave. N Ave. O
Ave. O 5th Street 6th Street
6th street Ave. O Alley W of Ave. P
Alley W of Ave. P 6th Street Alley N of 7th Street
Alley N of 7th Street Alley W of Ave. P Alley N of 7th Street
Alley N of 7th Street Alley W of Ave. P Avenue Q
Should additional funding permit, sewer improvements will run along Main Street, from Broadway Street to 2nd. Project activities are located within Zone AE of the 100-year floodplain and will impact less than one acre of the100-year floodplain. No adverse environmental impact is anticipated from the project. No alternative is feasible.
REQUEST FOR RELEASE OF FUNDS
On or about April 12, 2013 the City of Marble Falls will submit a request to the Texas Department of Agriculture for the release of Community Development Block Grant funds under Section 104(f) of Title I of the Housing and Community Development Act of 1974 as amended, to undertake a project known as the City of Marble Falls Sewer Improvement Project, Contract No. 712219.
The City of Marble Falls is proposing to replace the deteriorated sewer lines to resolve the problems in the project area. Construction shall consist of two thousand five hundred linear feet (2,500 l.f.) of twelve-inch (12”) and fifteen-inch (15”) PVC sewer line, eight (8) manholes and associated appurtenances. Construction shall take place at the above listed locations.
The existing 8” and 10” vitrified clay lines are deteriorated and are the source of excessive inflow and infiltration which overburdens the city’s wastewater treatment plant during heavy rainfall events. The decaying lines also present a potential source of sewer leakage potentially becoming a source of contamination of groundwater presenting a threat to public health and safety. Elimination of the inflow and infiltration will reduce treatment costs at the wastewater treatment plant and provide the needed capacity for the project area.
The City of Marble Falls has considered the following alternatives and mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial values:
The repair and improvements to the above mentioned sewer lines cannot be undertaken in any other location as these are existing sewer lines located in their existing locations. Failure to repair and improve the sewer lines and rather opt for the “no action alternative” to leave them in their current condition allows for the possibility that residents would once again be threatened. The damaged sewer lines threaten the health, safety, and welfare of all served.
The City of Marble Falls did evaluate the “no action” alternative, however this was not deemed practical as not repairing the lines may lead to undersized and/or leaking wastewater lines leaving the potential for polluting the creeks, resulting in health and safety issues. The “no action” alternative is not practical for the City nor is it in the best interests of resident’s health and safety.
The City of Marble Falls did consider practical alternatives to repair the sewer lines however, given the condition of the existing lines involved in this project; there is no other available alternative other than replacement. Given this project is replacing deteriorated clay lines that are the source of excessive inflow and infiltration, the replacement of the sewer lines rather than repair, will resolve the problems associated with the existing lines.
The most feasible and best available alternative the City has identified to purse in order to ensure sewer function is to proceed with the replacement of the sewer lines that are potentially becoming a source of contamination of groundwater that will threaten resident’s health and safety. To pursue the proposed sewer improvements is the best available alternative to protect the public health and safety of the residents of the City of Marble Falls.
There are three primary purposes for this notice. First, people who may be affected by activities in floodplains 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 about floodplains can facilitate and enhance Federal efforts to reduce the risks 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 in floodplains, it must inform those who may be put at greater or continued risk.
FINDING OF NO SIGNIFICANT IMPACT
The City of Marble Falls 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 Marble Falls, 800 3rd St., Marble Falls, Texas 78654-5728, (830) 693-3615, Attention: George W. Russell, Mayor and may be examined or copied weekdays Monday through Friday from 8:00 A.M. to 5:00 P.M.
Any individual, group, or agency disagreeing with this determination or wishing to comment on the project may submit written comments addressed to George W. Russell, Mayor, City of Marble Falls, 800 3rd St., Marble Falls, Texas 78654-5728, (830) 693-3615. All comments received by April 10, 2013 will be considered by the City prior to authorizing submission of a request for release of funds. Commenter’s should specify which part of this Notice they are addressing.
RELEASE OF FUNDS
The City of Marble Falls certifies to the Texas Department of Agriculture, that George W. Russell in his capacity as 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 Department’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the City of Marble Falls to use Program funds.
OBJECTIONS TO RELEASE OF FUNDS
The Texas Department of Agriculture will consider objections to its release of funds and City of Marble Falls certification received by May 3, 2013 or for a period of fifteen days following the 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 Marble Falls; (b) Marble Falls 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 project have committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by the Department; 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 the Texas Department of Agriculture, at P.O. Box 12847, Austin, Texas 78711 to verify the actual last day of the objection period.
George W. Russell, Mayor
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