Combined Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Funds NOTICE OF FINDING OF NO SIGNFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS Date of Publication: December 17, 24, 31 Fond du Lac Band of Lake Superior Chippewa 1720 Big Lake Rd Cloquet, MN 55720 218.
Combined Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Funds
NOTICE OF FINDING OF NO SIGNFICANT IMPACT AND
NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
Date of Publication:
December 17, 24, 31
Fond du Lac Band of Lake Superior Chippewa
1720 Big Lake Rd
Cloquet, MN 55720
These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the Fond du Lac Band of Lake Superior Chippewa.
REQUEST FOR RELEASE OF FUNDS
On or after December 20th, 2020, the U.S. Department of Housing and Urban Development will authorize the Fond du Lac Band of Lake Superior Chippewa to submit a request to the U.S. Department of Housing and Urban Development for the release of Indian Community Development Block Grant Program funds, program numbers, B-19-SR-27-1610 ($397,757.00), and 20GC2716100 ($502,243.00), under Title 24, Chapter IX, part 1003 of the 1974 act, as amended, to undertake the following project:
Project Title: Fond du Lac Regional Drinking Water Project
Purpose: The overall purpose of the project is to alleviate an on-going Disinfection By-Product Maximum Contaminant Level violation in the Mahnomen Community Water System.
Location: Mahnomen and Danielson Communities, Fond du Lac Reservation
Project Description: The overall scope of the project is to alleviate an on-going Disinfection By-Product Maximum Contaminant Level violation in the Mahnomen Community Water System. The Band will construct a new water system to serve the Mahnomen and Danielson communities, including new source water. Core components of the project are to consist of a two (2) new production wells, a 2,400 sqft treatment plant with gravity filtration, a 75,000 gallon water tower, and approximately 7 miles of directionally bored HDPE watermain.
The analyses in the EA documented that the proposed Project would have no adverse effects to land use, floodplains, water resources, costal resources, biological resources, cultural resources, aesthetics, air quality, socio-economic & environmental justice issues, miscellaneous issues, and human & health safety. A summary of anticipated impacts on the human environment is provided below, including any mitigation measures deemed necessary to avoid or minimize impacts. Fond du Lac Band of Lake Superior Chippewa is responsible for implementing these measures.
Land use - The project area is mostly rural in nature, so no impacts are anticipated.
Floodplains - The project area was not located on any FEMA flood maps, so no impacts are anticipated.
Water Resources - No affects are anticipated to the two creeks in the project area as the water lines will be installed using horizontal directional drilling techniques.
Costal Resources - These resources are not present in Minnesota.
Biological Resources - Threatened or endangered species will not be impacted by this project as no critical habitat has been designated on the Fond du Lac Reservation.
Cultural Resources - Tribal resources are not anticipated in the project area; however, the Tribal Historic Preservation Officer requested a Tribal Monitor at four locations that have resources nearby.
Aesthetics - The project area is mostly rural in nature with trees and shrubs dominating the landscape, so any disturbances will be returned to their original condition.
Air Quality - The air quality is generally good, so no affects are anticipated.
Socio-Economic & Environmental Justice - The project will provide benefits to the low income and minority population within the project area.
Miscellaneous Issues - Being a primarily rural area, noise will be minimal and generated mostly by regular vehicle traffic.
Human & Health Safety - The project will eliminate health concerns from the EPA violations.
Approximately 1,800 square feet of wetland will be permanently impacted and mitigated as described below. The Band's project engineer is consulting with Fond du Lac Reservation Resource Management to develop mitigation plans and complete the required wetland permit application.
Additionally, as work is to be completed around cultural preservation zones, Fond du Lac Reservation's Tribal Historic Preservation Office has requested a tribal monitor be present and observe any excavations being completed at four (4) sites.
Mitigation Measures/Conditions/Permits (if any):
Wetlands - Numerous wetlands are located throughout the project area according to Tribal resources. Many temporary impacts are anticipated, and they will be returned to their original condition. At five locations, fire hydrants will need to be installed, so permanent road access will need to be constructed across the ditch and/or wetland to access the hydrant for installation and maintenance purposes. The permanent impacts will be mitigated by purchasing wetland credits at 1:1 at an Army Corps approved Compensatory Wetland Mitigation Bank. The Band's engineering is consulting with Fond du Lac Reservation Resource Management to develop mitigation plans and complete a wetland permit.
Cultural Resources - Fond du Lac Reservation's Tribal Historic Preservation Office has requested a tribal monitor be present and observe any excavations being completed at four (4) sites. The monitor will observe, and if necessary, preserve cultural artifacts, if identified during construction.
Estimated Project Cost: Estimated project costs are $16.2 million, where HUD is providing $900,000.00 in funding (B-19-SR-27-1610, $397,757.00 & 20GC2716100, $502,243.00). The Band has leveraged other federal, state and internal resources to make this a successful project.
FINDING OF NO SIGNIFICANT
The Fond du Lac Band of Lake Superior Chippewa, in conjunction with USDA-Rural Development 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 with Jordan Vandal, Water/Wastewater Manager, Fond du Lac Band of Lake Superior Chippewa, 1720 Big Lake Rd, Cloquet, MN 55720 where ERR can be examined and is available for review and may be examined or copied weekdays 8A.M to 4P.M.
Any individual, group, or agency may submit written comments on the ERR to Jordan Vandal, Fond du Lac Band of Lake Superior Chippewa, Water/Wastewater Manager, who is the designated individual responsible for receiving and responding to comments. All comments must be received by 12/20/2020, to be considered prior to authorizing a submission of a request for release of funds. Comments should specify which Notice they are addressing.
RELEASE OF FUNDS
The Fond du Lac Band of Lake Superior Chippewas certifies to the U.S. Department of Housing and Urban Development that Kevin R. DuPuis, Sr., Certifying Officer, in his capacity as Fond du Lac Band of Lake Superior Chippewa, Chairman, 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. U.S. Department of Housing and Urban Development approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the Fond du Lac Band of Lake Superior Chippewa to use HUD program funds.
OBJECTIONS TO RELEASE OF FUNDS
U.S. Department of Housing and Urban Development will accept objections to its release of funds and Fond du Lac Band of Lake Superior Chippewa 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 Fond du Lac Band of Lake Superior Chippewa (b) the Fond du Lac Band of Lake Superior Chippewa 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 HUD; 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 Gentri White, HUD Grant Evaluation Specialist at Ralph H. Metcalfe Federal Building, 77 West Jackson Boulevard, Room 2404, Chicago, Illinois 60604-3507. Potential objectors should contact Ms. Gentri White, HUD Grant Evaluation Specialist to verify the actual last day of the objection period.
Dec. 17, 24 & 31, 2020)2869625