NOTICE OF SALE
WHEREAS, Union Bank of Jamestown, Tennessee, is the owner and holder of the following described real estate Deed of Trust from Deanna Lowe unto William J. Campbell, as Trustee, recorded December 30, 2005 in Record Book 92, Page 178 of the Register's Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated December 21, 2005, payable by Deanna Lowe to the Union Bank of Jamestown, Tennessee; and
WHEREAS, Union Bank of Jamestown, Tennessee, is the owner and holder of the following described real estate Deed of Trust from Deanna Wyatt (formerly Deanna Lowe) and husband, Jamie Wyatt unto William J. Campbell, as Trustee, recorded May 5, 2008 in Record Book 140, Page 328 of the Register's Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated May 2, 2008, payable by Deanna Wyatt and husband, Jamie Wyatt to the Union Bank of Jamestown, Tennessee;
WHEREAS, default has occurred in the terms, conditions, and payment of the indebtedness secured by said Deed of Trust and Union Bank of Jamestown, Tennessee, has declared the entire unpaid principal balance of said Note, together with all accrued and unpaid interest, due and payable as provided in said Note and Deed of Trust and has authorized and instructed me, as their duly authorized representative and their Trustee, to foreclose said Deed of Trust by advertisement of sale at public auction in accordance with the Statutes made and provided therefore.
WHEREAS, Notice of the Right to Foreclose ("Notice") was given in compliance with Tennessee law by mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Notice of Sale.
THEREFORE, notice is hereby given that pursuant to the power of sale contained in said Deed of Trust, and in accordance with the Statutes made and provided therefore, the said Deed of Trust will be foreclosed and the property covered thereby and hereinafter described will be sold at public auction to the highest bidder for cash at the East door of the Fentress County Courthouse in the City of Jamestown, in Fentress County, Tennessee at 10:00 a.m. on February 16, 2012 to satisfy the indebtedness now due under and secured by said Deed of Trust; said property will be sold in bar of all right and equities of redemption, homestead, dower and all other exemptions of every kind from the borrower which are expressly waived by the terms of said Deed of Trust; said real estate will be sold without any warranties as to liens, existing highway, roadway and utility easements, applicable building and zoning regulations, such state of facts as an accurate survey would disclose, to all encumbrances, Federal Tax Liens, assessments, and mechanics' and materialmen's liens. The undersigned Trustee will execute a Deed to the purchaser as Trustee only. The proceeds of this sale will be applied as set out in the Deed of Trust. The real estate to be sold is described as follows:
Lying and being in the Fourth Civil District of Fentress County, Tennessee, approximately 5 miles south of the Courthouse in Jamestown by way of U.S. Highway 127 to the Buddy Owens Road, thence eastwardly on the Buddy Owens Road a distance of approximately 66/100 mile to a roadway on the north margin known as Trimmer Lane; thence northward on said roadway a distance of approximately 1,000 feet to where the road crosses Owen's Spring Branch to Phase I of Airport Estates as filed in Plat Book 3, Page 84 in the Register's Office of Fentress County; thence continuing northwardly on Trimmer Lane a distance of approximately 1,325 feet to the forks of the road; thence continuing with the left or westernmost fork of Trimmer Lane a distance of approximately 1,692 feet and BEGINNING at a stake on the west margin of Trimmer Lane, the southernmost corner of Lot 27 and running thence with the west margin of Trimmer Lane, south 49° 18' west 49.40 feet, south 46° 45' west 151.29 feet to a stake, the northeastern corner of Lot 29; thence with the north line of Lot 29, north 49° 29' west 385.79 feet, north 49° 29' west 4.00 feet to Falling Water Branch; thence northwardly with the center of Falling Water Branch and its meanders, north 58° 04' east 22.66 feet, south 73° 34' east 24.15, north 46° 27' east 11.45 feet, north 18° 09' east 73.67 feet, north 57° 37' east 44.25 feet, south 52° 12' east 35.89 feet, north 54° 54' east 9.59 feet and north 38° 29' east 37.82 feet to the westernmost corner of Lot 27; thence with the south line of Lot 27, south 49° 02' east 10.00 feet and south 49° 02' east 351.83 feet to the beginning corner, and containing 1.74 acres, more or less, and being Lot 28 of Airport Estates, Phase II, as shown in Plat Book 3, Page 87 in the Register's Office of Fentress County, Tennessee, and subject to the restrictions pertaining to subsurface sewage disposal systems as set out on said plat.
The bearings and distance are taken from a copy of said plat prepared by Foy Survey Company for Allardt Land Company, Inc., Drawing No. 3368, dated September 16, 1996.
Subject to prior conveyance retaining mineral rights which include all coal, oil and gas in, on and under said tract of land, with the right to enter, drill, take and remove the same.
This conveyance is subject also to the following limitations and restrictive provisions which shall run with the lands and which are a part of the consideration hereof, to which the parties hereto expressly agree, and by acceptance hereof, the grantees herein expressly agree:
1. The grantee or grantees or their assigns or successor in interest, and any grantee or grantees or their assigns or successors in interest shall use the property exclusively for residential purposes and shall not be subdivided or used for commercial purposes.
2. Fencing on any lot on the property herein conveyed shall be limited to woven wire, chain link, painted wood, or split rail; and other fencing, expressly barbed wire fencing, shall specifically be prohibited.
3. Any building or buildings constructed on any lot on the property herein conveyed shall be no closer than 30 feet from any adjoining property line and no closer than 40 feet from road right of way line.
4. The property shall be restricted to single family type dwellings containing not less than 1000 square feet living space and in addition one other out building for garage and/or storage. Approval of Allardt Land Company, Inc., is required on all floor plans before construction of new home.
5. No dwelling shall contain exterior finish of concrete blocks, tar paper, or rolled type siding or asphalt type siding. No tar paper shacks, or small portable buildings, such as school buses, van bodies, or similar objects for the purpose of living in will be permitted on the property.
6. Mobile or modular homes shall be allowed, but must be underpinned and must contain at least 700 feet of living space. Approval and visual inspection from Allardt Land Company, Inc. is required on all used mobile homes before moving onto lot.
7. No swine, poultry, or other livestock will be kept or maintained on the property.
8. Garbage, waste and refuse will be held for collection in containers.
9. No part of the property herein conveyed will be used for the purposes of a junkyard, nor for a collection or storage area, or maintenance area, or parking area for junk, wrecked or stripped automobiles.
10. No nuisance shall be maintained or permitted on said property.
This conveyance is subject to any and all power lines, water lines, or easements for the same, regardless of whether same are actually of record, exist or henceforth may exist or be constructed.
Grantor reserves the right to deal freely with restrictions in succeeding conveyances of property located elsewhere in the subdivision and general area and in its sole discretion may vary, modify, add to, or omit such restrictions as it sees fit.
The restrictions set out in this Deed shall remain in effect for a period of twenty (20) years.
Being the same property conveyed in that Quitclaim Deed from Justin Lowe unto Deanna Lowe, dated December 9, 2005, acknowledged December 9, 2005, and recorded December 13, 2005, in Record Book 91, Page 291, of the Register's Office for Fentress County, Tennessee.
The previous and last conveyance being that General Warranty Deed from Deanna Wyatt (formerly Deanna Lowe) unto Jamie Wyatt, such interest so as to create a tenancy by the entireties in Deanna Wyatt and husband, Jamie Wyatt, dated May 2, 2008, acknowledged May 2, 2008, and recorded May 5, 2008, in Record Book 140, Page 325, of the Register's Office for Fentress County, Tennessee.
In the event the highest bidder at the foreclosure sale should fail to comply with the submitted bid, the Trustee shall have the option of accepting the next highest bid with which the bidder is able to comply, or readvertise and sell at a second sale.
The right is reserved to adjourn the day of the sale to another date certain without further publication upon announcement at the time and place herein set of the above sale.
Pursuant to Tennessee Code Section 35-5-104, there are no liens filed in the Fentress County Register's Office by the taxing authorities.
Buyers shall be responsible for paying the 2012 and 2011 real property taxes.
William J. Campbell
Trustee
(1-18-25-; 2-1-3tc)
NOTICE OF SALE
WHEREAS, Union Bank of Jamestown, Tennessee, is the owner and holder of the following described real estate Deed of Trust from Eric Crabtree and wife, Chasity Crabtree unto William J. Campbell, as Trustee, recorded November 24, 2009 in Record Book 166, Page 352 of the Register's Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated November 20, 2009, payable by Eric Crabtree and wife, Chasity Crabtree to the Union Bank of Jamestown, Tennessee;
WHEREAS, default has occurred in the terms, conditions, and payment of the indebtedness secured by said Deed of Trust and Union Bank of Jamestown, Tennessee, has declared the entire unpaid principal balace of said Note, together with all accrued and unpaid interest, due and payable as provided in said Note and Deed of Trust and has authorized and instructed me, as their duly authorized representative and their Trustee, to foreclose said Deed of Trust by advertisement of sale at public auction in accordance with the Statutes made and provided therefore.
WHEREAS, Notice of the Right to Foreclose ("Notice") was given in compliance with Tennessee law by mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Notice of Sale.
THEREFORE, notice is hereby given that pursuant to the power of sale contained in said Deed of Trust, and in accordance with the Statutes made and provided therefore, the said Deed of Trust will be foreclosed and the property covered thereby and hereinafter described will be sold at public auction to the highest bidder for cash at the East door of the Fentress County Courthouse in the City of Jamestown, in Fentress County, Tennessee at 10:15 a.m. on February 16, 2012 to satisfy the indebtedness now due under and secured by said Deed of Trust; said property will be sold in bar of all right and equities of redemption, homestead, dower and all other exemptions of every kind from the borrower which are expressly waived by the terms of said Deed of Trust; said real estate will be sold without any warranties as to liens, existing highway, roadway and utility easements, applicable building and zoning regulations, such state of facts as an accurate survey would disclose, to all encumbrances, Federal Tax Liens, assessments, and mechanics' and materialmen's liens. The undersigned Trustee will execute a Deed to the purchaser as Trustee only. The proceeds of this sale will be applied as set out in the Deed of Trust. The real estate to be sold is described as follows:
The following described tract of land is located in the Fourth Civil District of Fentress County, Tennessee. and is roughly 12.74 miles south of the Courthouse in Jamestown, Tennessee, by way of U.S. Highway 127 South to the new Grimsley Post Office, thence westward along Old Grimsley Road approximately 1200 feet to the intersection with Old Grimsley Court, thence generally southwest along Old Grimsley Court about 741.72 feet to an iron pin in the southeastern right-of-way of Old Grimsley Court.
Beginning at said iron pin along the southern right-of-way of Old Grimsley Road (being the northwest corner of Lot 9) along an arc with an arc length of 117.61 feet, a radius of 150.00 feet, a chord bearing of N72'04'45'1E, a delta of 44°55'23" and a chord distance of 114.62 feet to a steel fence post (found), thence N85 27'33"W for 31.72 feet to an iron pin on the northeast corner of Lot 7, thence along the eastern lot line of Lot 7 SO4°32'27"W 307.35 feet to an iron pin, being the southeastern corner of Lot 7, thence S82°54'57'W 510.97 feet along the northern line of Danny Ramsey (Deed Book B-6, Parcel 090.00) and Ben Kanipes (Deed Book Y-7, Parcel 089.00) to an iron pin, the southern corner of Lot 9, thence in a generally northwestern direction along the West boundary of Lot 9 N40'22'57"W 527.96 feet to the point of beginning, containing 2.54 acres, more or less. Being Lot #8 of Cobb Creek Acres, Phase 1 as shown on a survey by Tim Goad of G1 & Associates Surveying, TRLS #1748, November 8, 2006, and recorded in Plat Book 5, Page 114 in the Register's Office of Fentress County, Tennessee on November 15, 2006.
This lot is subject to the restrictions and covenants for Cobb Creek Acres, Phase I, as noted in the Attachment A recorded in Book 110, Page 576 of the aforesaid Register's Office.
Being the same property conveyed in a General Warranty Deed from Royd Lake to Desta Amalie Lewis, dated September 12, 2008 and recorded on September 12, 2008 in Book 146, Page 716, in the Register’s Office for Fentress County, Tennessee.
The previous and last conveyance being that General Warranty Deed from Desta Amalie Lewis unto Eric Crabtree and wife, Chastity Crabtree, dated November 20, 2009, acknowledged November 20, 2009, and recorded November 24, 2009, in Record Book 166, Page 350, of the Register's Office for Fentress County, Tennessee.
In the event the highest bidder at the foreclosure sale should fail to comply with the submitted bid, the Trustee shall have the option of accepting the next highest bid with which the bidder is able to comply, or readvertise and sell at a second sale.
The right is reserved to adjourn the day of the sale to another date certain without further publication upon announcement at the time and place herein set of the above sale.
Pursuant to Tennessee Code Section 35-5-104, there are no liens filed in the Fentress County Register's Office by the taxing authorities.
Buyers shall be responsible for paying the 2012 real property taxes.
William J. Campbell
Trustee
(1-18-25; 2-1-3tc)
NOTICE
The Fentress County Commission will meet to interview applicants for construction observer for new Jail/Justice Center, Thursday, February 2, 2012, 5:00 p.m. in the small courtroom at the courthouse.
(1-25; 2-1-2tc)
NOTICE
The Fentress County Anti-Drug Coalition will meet Friday, February 3rd, 12 Noon in the small courtroom at the courthouse.
(2-1-1tc)
NOTICE
The Fentress County Planning Commission will meet Tuesday, Feb. 7th, 6:00 p.m. in the small courtroom at the courthouse.
(2-1-1tc)
NOTICE
The Fentress County Finance Committee will meet Thursday, February 9th, 5:00 p.m. at the Reagan Building.
(2-1-8-2tc)
NOTICE
The Fentress County Heritage Committee will meet Friday, February 10th, 12 Noon in the small courtroom at the courthouse.
(2-1-8-2tc)
NON-RESIDENT NOTICE
Cause No. 2011-CV-468
Michelle Glee Martin
vs.
Joseph Johnson Martin and
Jack Martin
IN THE GENERAL SESSIONS COURT FOR FENTRESS COUNTY, TENNESSEE
In this cause, it appearing from the sworn Complaint for Divorce that the defendant, Joseph Johnson?Martin, has been a resident of Fentress County, and more recently a resident of Pickett County in the home of Jack Martin, but according to Officer’s Returns on Summonses against Joseph Martin and Jack Martin that Joseph Martin is no longer a resident of Tennessee and his whereabouts are unknown to the Plaintiff, it is ordered that publication be made for four successive weeks, as required by law, in the Fentress Courier, a newspaper published in Jamestown, Tennessee, in said County, notifying said non-resident Defendant to file an answer with Plaintiff’s Attorney, S.N. Garrett, whose address is P.O. Box 725, Jamestown, TN 38556, and the General Sessions Court of Fentress County, Tennessee, within 30 days from the last date of publication, exclusive of said last date of publication, or a judgment by default may be entered and the cause set for hearing ex parte.
This 17th day of January, 2012
S.N. Garrett
Attorney for Plaintiff
(1-25; 2-1-8-15-4tc)
NOTICE OF WORKFORCE INVESTMENT ACT PLAN MODIFICATION AVAILABILITY
The Plan modification will be available January 30, 2012 through February 29, 2012 for public review and comment. The plan explains the activities and services to be available from July 1, 2012 through June 30, 2013 to be provided through the Local Workforce Investment Area Seven (LWIA 7). LWIA 7 includes the following counties: Cannon, Clay, Dekalb, Fentress, Jackson, Macon, Overton, Pickett, Putnam, Smith, Van Buren, and White. The plan is available for review on the following websites: www.uchra.com and www.uccareercenter.com. Click the “Employment and Training” link on the left side of main UCHRA webpage and then click the link titled “View the LWIA 7 Plan for 2012” to view the Plan. The link to view the LWIA 7 2012 Plan is located at the bottom of the Tennessee Career Center Cookeville main page. Please send comments to lwia7@yahoo.com
(1-25; 2-1-2tc)
SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on March 1, 2012 at 10:00 AM local time, at the east door, Fentress County Courthouse, Jamestown, Tennessee pursuant to Deed of Trust executed by Marianne Rael and George Rael, wife and husband, to First Freedom Bank; John R. Lancaster, Trustee, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. ("MERS"), solely as nominee for First Freedom Bank on May 23, 2008 at Book 142, Page 436; conducted by Shapiro & Kirsch, LLP having been appointed Substitute or Successor Trustee, all of record in the Fentress County Register's Office. Default has occurred in the performance of the covenants, terms, and conditions of said Deed of Trust and the entire indebtedness has been declared due and payable.
Party Entitled to Enforce the Debt: Owner of Debt: Wells Fargo Bank, NA
The following real estate located in Fentress County, Tennessee, will be sold to the highest call bidder:
Described property located in Fentress County, Tennessee, to wit:
Being Lot No. 78 and Lot No. 79, on the Plan of Bobcat Point at Wilder Mountain, Phase IV, as shown on plat of record in Plat Book P5, Page 116, in the Register's Office for Fentress County, Tennessee, to which plat reference is hereby made for a more particular description.
Street Address: 175 West Bobcat Lane, Wilder, Tennessee 38589
Parcel Number: 102-004.62
Current Owner(s) of Property: George Rael and wife, Marianne Rael
The street address of the above described property is believed to be 175 West Bobcat Lane, Wilder, Tennessee 38589, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
If applicable, the HB 3588 letter mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117. This sale is subject to all matters shown on any applicable recorded plat any unpaid taxes; and any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose.
This sale is subject to all matters shown on any applicable recorded plat any unpaid taxes; and any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose.
All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded by the Substitute Trustee at any time.
This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose.
Shapiro & Kirsch, LLP
Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
Phone (901)767-5566
Fax (901)761-5690
File No. 11-026922
(2-1-8-15-3tc)
MECHANIC’S LIEN AUCTION
There will be a Mechanic’s Lien Auction on February 11, 2012 at 8:00 a.m. at D&G Trading Post. It will be a silent auction with sealed bids for a 2002 4 door red Chevy Prizm VIN# 1Y1SK52862Z410069, with the final bid taken on February 11, 2012 at 8:00 a.m. The vehicle is currently owned by Larry Gillentine with a lien thru Mariner Finance.
(2-1-1tp)
SUBSTITUTE TRUSTEE'S SALE
WHEREAS, default having been made in the payment of the debts and obligations secured to be paid by that certain Deed of Trust executed on March 14, 2006, by Elizabeth Tipton fka Elizabeth Carter to William J. Campbell, Trustee, as same appears of record in the Register's Office of Fentress County, Tennessee, under BOOK NUMBER 96, Page 168, ("Deed of Trust"); and
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to CENLAR FSB; and
WHEREAS, CENLAR FSB, the holder of said Deed of Trust, (the "Holder"), appointed the undersigned, Nationwide Trustee Services, Inc., as Substitute Trustee by instrument filed for record in the Register's Office of Fentress County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and
WHEREAS, pursuant to Tenn. Code Ann. § 35-5-117 (i), not less than sixty (60) days prior to the first publication required by § 35-5-101, the notice of the right to foreclose was properly sent, if so required; and
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and that the undersigned, Nationwide Trustee Services, Inc., Substitute Trustee, or its duly appointed attorneys or agents, by virtue of the power and authority vested in it, will on Thursday, February 16, 2012, commencing at 1:00 PM at the Main entrance of the Fentress County Courthouse, Jamestown, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Fentress County, Tennessee, to wit: Lying and being in the Third Civil District of Fentress County, Tennessee and beginning at a stake in Buffalo Cove Creek, same being the southwest corner of property now owned by Harry Berstein and formerly the Proctor Cooper Place and running thence eastwardly with the Berstein line and a fence 40 poles to a set stone; thence southeastwardly with the fence 20 poles to a set stone corner; thence westwardly and parallel with the first line to a set stone corner in Buffalo Cove Creek; thence down said Creek to the beginning, containing five (5) acres, more or less. The previous and last conveyance being that Quitclaim Deed from Christopher Carter until Elizabeth Carter, dated March 22, 2005 acknowledged March 22, 2005, and recorded March 26, 2005, in Record Book 78, Page 660, of the Register's Office for Fentress County, Tennessee. PROPERTY ADDRESS: 1864 Glenoby Road, Jamestown, TN 38556 CURRENT OWNER(S): Elizabeth Carter nka Elizabeth Tipton The sale of the above-described property shall be subject to all matters shown on any recorded plan; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and any matter that an accurate survey of the premises might disclose.
SUBORDINATE LIENHOLDERS: N/A
OTHER INTERESTED PARTIES: N/A
All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Nationwide Trustee Services, Inc.,
Substitute Trustee c/o AMP1
Nationwide Trustee Services, Inc.
1587 Northeast Expressway
Atlanta, GA 30329
(770) 234-9181
File No.: 559.J1103949TN
Web Site: www.jflegal.com
(1-25; 2-1-8-3tc)
NOTICE TO CREDITORS
Docket No. P-11-42
Estate of Danny V. Terry Late of Fentress County, Tennessee.
Notice is Hereby Given that on the 19th day of January, 2012, Letters Testamentary, of Administration, in respect to the Estate of Danny V. Terry, deceased, were issued to the undersigned by the Clerk and Master of the Chancery Court of Fentress County, Tennessee.
All persons, resident and non-resident, having claims, matured or unmatured against his Estate are required to file the same in triplicate with the Clerk and Master of the above named Court within four (4) months from the date of the first publication of this notice, otherwise their claim will be forever barred.
All persons indebted to the above Estate must come forward and make proper settlement with the undersigned at once.
This 19th day of January, 2012.
Ronda Terry
Administratrix
Estate of Deceased
Danny V. Terry
148 Rogers Rd.
Jamestown,TN 38556
Kathryn R. Taylor
Clerk & Master
Linda P. Taylor
Deputy C&M
Michael Savage
Attorney
101 E. Court Square
Livingston, TN 38570
(1-25; 2-1-2tp)
CONCURRENT NOTICE
NOTICE OF FINDING OF
NO SIGNIFICANT IMPACT AND
NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
Date of Notice: February 1, 2012
Fentress County Government
P.O. Box 1128
Jamestown, TN 38556
931-879-7713
These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by Fentress County Government.
REQUEST FOR RELEASE OF FUNDS
On or about February 17, 2012, (the day following the 15-day comment period) (i.e., 16 days from date of publication) Fentress County Government will submit a request to the Department of Economic and Community Development for the release of Title I of the Housing and Community Development Act of 1974, as amended, to undertake a project known as the Fentress County Disaster Grant for the purpose of constructing a new fire station, $749,500, at 115 Justice Center Drive, Jamestown, TN.
FINDING OF NO SIGNIFICANT IMPACT
Fentress County 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 Fentress County Courthouse, P.O. Box 1128, Jamestown, TN 38556 and may be examined or copied weekdays, from 9:00 a.m. to 3:00 p.m.
PUBLIC COMMENTS
Any individual, group, or agency disagreeing with this determination or wishing to comment on the project may submit written comments to the Fentress County Executive, P.O. Box 1128, Jamestown, TN 38556. All comments received by February 17, 2012 (15 days following the date of publication) (i.e., 16 days) will be considered by Fentress County prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing.
RELEASE OF FUNDS
Fentress County certifies to the Tennessee Department of Economic and Community Development that Frank Smith, in his capacity as County Executive 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 Tennessee Department of Economic and Community Development (ECD) approval of the certification satisfies its responsibilities under NEPA and related laws and authorities.
OBJECTIONS TO RELEASE OF FUNDS
The Tennessee Department of Economic and Community Development will accept objections to its release of funds and Fentress County 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 basis:
(a) The certification was not executed by the Certifying Officer of Fentress County;
(b) Fentress 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 the Tennessee Department of Economic and Community Development; 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 State of Tennessee, Department of Economic and Community Development, Policy and Federal Programs, William R. Snodgrass Tennessee Tower, 10th Floor, 312 Rosa L. Parks Avenue, Nashville, Tennessee 37243-1102. Potential objectors should contact the Policy and Federal Programs Office to verify the actual last day of the objection period.
Frank Smith
Fentress County Executive
(2-1-1tc)
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