NOTICE OF FINDING OF

NO SIGNFICANT IMPACT AND

NOTICE OF INTENT TO

REQUEST RELEASE OF FUNDS

May 10, 2024

Nebraska Department of

Economic Development

245 Fallbrook Blvd, Suite 002

Lincoln, Nebraska 68521

(800) 426-6505

These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the Nebraska Department of Economic Development and the City of Omaha Planning Department, Community Development Division.

REQUEST FOR RELEASE OF FUNDS

On or about May 28 2024, the Nebraska Department of Economic Development (DED) will submit a request to U.S. Department of Housing and Urban Development (HUD) for the release of 2019 Community Development Block Grant-Disaster Recovery (CDBG-DR) funds under Public Law 116-20, the Additional Supplemental Appropriations for Disaster Relief Act 2019, to undertake a project known as 128 Fort in the City of Omaha, Nebraska. The project represents construction of a new mixed-income, multi-family building containing 64 rental housing units for senior citizens. Thirteen (13) of the units will be designated as market rate and fifty-one (51) will be reserved as low-income units. Four of the units (4) will be ADA compliant for physically disabled occupants, and another two units (2) will be designed accessible to those with visual or hearing impairments. Each unit will consist of two bedrooms, one bath, and will range from 878 to 867 square feet of living space. The property encompasses approximately 4.6184 acres encompassing one parcel of land, 12805 Fort Street, Omaha, Nebraska. The project’s ownership entity is 128 Fort, LLC and development activities will be carried out by Foundations Development, LLC. The site is primarily comprised of vacant land, with three existing abandoned structures on the 12805 Fort Street property. The site is bordered by residential neighborhoods to the north, south and east, and commercial property to the west. Both parcels of land are serviced by existing roadways and utility infrastructure. There will be no displacement of residents during construction.

In addition to the CDBG-DR funds, it is anticipated the proposed project will also be funded by $8,372,000 from low-income housing tax credit and affordable housing tax credits, $561,027 from deferred developer fees, $3,750,000 from managing member contributions, and $4,000,000 from a conventional mortgage. The project will adhere to the (IRS) Section 42 Low Income Housing Tax Credit (LIHTC) Program and will primarily benefit low-to-moderate income families at or below 60% of the Area Median Income.

Construction is expected to start in June of 2024 with completion slated for October of 2025.Construction includes the demolition and removal of the abandoned buildings pump house, shed, caretaker house, along with general site work excavating, grading, paving, utilities, and landscaping. Anticipated construction equipment constitutes excavators, bulldozers, graders, loaders, lifts, scaffolding, cranes, trenchers, backhoes, pavers, and dump trucks. Construction materials will be stored on site as needed and staging areas will be identified by the contractor regarding feasibility throughout the various phases of construction. The contractor will abide by waste management practices to ensure proper disposal of construction related materials and debris.

FINDING OF NO SIGNIFICANT IMPACT

The Nebraska Department of Economic 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 at the Nebraska Department of Economic Development, 245 Fallbrook Blvd, Suite 002, Lincoln, NE 68521 and may be examined or copied weekdays 8 A.M to 5 P.M.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to Nebraska Department of Economic Development, Attn: Christina Zink, Disaster Recovery Housing Manager, 245 Fallbrook Blvd, Suite 002, Lincoln, NE 68521 or by email to ded.cdbgdr@nebraska.gov. All comments received by May 28, 2024, will be considered by the DED prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing.

ENVIRONMENTAL CERTIFICATION

The DED certifies to HUD that Joseph H. Lauber in his capacity as Deputy Director - Operations/Chief Legal Officer 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. DED and HUD’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows Foundations Development to use Program funds.

OBJECTIONS TO RELEASE OF FUNDS

HUD will consider objections to its release of funds and NDED’s certification received 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 Office of NDED approved by HUD; (b) NDED 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 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:

Tennille Smith Parker

Director

Office of Disaster Recovery

Department of Housing &

Urban Development

451 Seventh Street SW

Room 7272

Washington, DC 20410

Or email at:

Disaster_Recovery@hud.gov

Joseph H. Lauber, Deputy Director -

Operations/Chief Legal Officer

Nebraska Department of

Economic Development

RE Certifying Officer

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