NOTICE OF FINDING OF NO SIGNFICANT IMPACT (FONSI) AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS (NOIRROF) August 22, 2024 City of Lyons 335 N Main St Lyons, NE 68038 (402) 687-2485 These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the City of Lyons the recipient of the Nebraska Department of Economic Development grant, and also the Responsible Entity (RE). REQUEST FOR RELEASE OF FUNDS On or after September 9, 2024, the City of Lyons will submit a request to the United States Department of Housing and Urban Development (HUD), or its State administering agency, Nebraska Department of Economic Development (State), for the release of Community Development Block Grant (CDBG) funds under Title I of the Housing and Urban Development Act of 1974 (U.S.C. 5301 et seq.), as amended, to undertake a project known as the Brink Memorial Park Project for the purpose of requesting $415,312 in CDBG Public Works Facilities (CDBG-PWF) funds, of which $385,312 will be utilized to build a new 27-foot by 32-foot tornado/storm shelter with restrooms and storage as well as a 30-foot by 64-foot park pavilion with kitchen, restroom, and picnic tables at 100 S 1st St. $5,000 will be used for construction management and $25,000 will be used for general administration of the grant. The City of Lyons will provide matching funds of $77,077. The total budget for project costs and grant administration is $492,389. All CDBG funds will primarily benefit Low-to-Moderate Income (LMI) persons. No person, businesses, or farms will be displaced as a result of CDBG activities. FINDING OF NO SIGNIFICANT IMPACT The City of Lyons 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 335 N. Main Street, Lyons, NE 68038 where the ERR can be examined and may be copied weekdays 8 A.M to 5 P.M. The ERR will be made available to the public for review either electronically or by U.S. mail. Please submit your request by U.S. mail to the address above or by email to whitney@lyonsne.com. If the RE chooses to send the ERR to the public for review via U.S. mail, the RE will establish a timeframe for accepting comments with the person requesting the ERR. PUBLIC COMMENTS Any individual, group, or agency may submit written comments on the ERR to Whitney Anderson, City of Lyons Clerk. All comments received by September 6, 2024 will be considered by the City of Lyons prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing. ENVIRONMENTAL CERTIFICATION The City of Lyons certifies to the State that Kyle Brink in their capacity as City of Lyons 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 State’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the City of Lyons to use Program funds. OBJECTIONS TO RELEASE OF FUNDS The Nebraska Department of Economic Development will accept objections to its release of funds and the City of Lyons 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 City of Lyons; (b) grant recipient 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 Nebraska Department of Economic 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, Sec. 58.76) in writing to the Nebraska Department of Economic Development, 245 Fallbrook Blvd, Suite 002, Lincoln, NE 68521. Potential objectors should contact the Nebraska Department of Economic Development to verify the actual last day of the objection period. Kyle Brink, Mayor Certifying Officer ZNEZ LMS 08-22-24
