HomeMy WebLinkAbout20252027.tiffResolution
Approve Memorandum of Agreement for Prebles Meadow Jumping Mouse
Mitigation Stipulations Required for Bridge 19/46.5A Replacement Project and
Authorize Chair to Sign
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board has been presented with a Memorandum of Agreement for Prebles
Meadow Jumping Mouse Mitigation Stipulations Required for the Bridge 19/46.5A
Replacement Project among the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Public
Works, the Federal Highway Administration, and the Colorado Department of
Transportation, commencing upon full execution of signatures, with further terms and
conditions being as stated in said agreement, and
Whereas, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Memorandum of Agreement for Prebles Meadow Jumping Mouse
Mitigation Stipulations Required for the Bridge 19/46.5A Replacement Project among the
County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, on behalf of the Department of Public Works, the Federal Highway
Administration, and the Colorado Department of Transportation, be, and hereby is,
approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
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2025-2027
EG0083
Memorandum of Agreement for Prebles Meadow Jumping Mouse Mitigation Stipulations
Required for Bridge 19/46.5A Replacement Project
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 16th day of July, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-2027
EG0083
Cor ac+IEg1Z9j
BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW
PASS -AROUND TITLE: Bridge 19/46.5A Memorandum of Agreement (MOA)
DEPARTMENT: Public Works DATE: June 30, 2025
PERSON REQUESTING: Michael Bedell, Don Dunker, and Curtis Hall
Brief description of the problem/issue:
This bridge project is located on WCR19 south of SH60 outside of Johnstown and is a total replacement
project. This project has a CDOT (Special Highway Committee) off -system bridge grant in the amount of
$500,000. Environmental investigations and required clearances have determined the project is likely to
adversely affect the Preble's Meadow Jumping Mouse (PMJM), an endangered species. Therefore, specific
stipulations will be required of the County in accordance with oversight by the Colorado Department of
Transportation, Federal Highways Administration, and U.S. Fish and Wildlife Service. A necessary part of the
project shall entail protecting and/or re-establishing 3.966 acres of PMJM habitat. Weld County shall procure
the services of a qualified environmental manager or management team to ensure all required conservation
measures are implemented.
What options exist for the Board?
1. Recommend approval for staff to move forward with establishing the MOA.
2. Request a work session with staff to discuss this request.
Consequences:
Approval would result in the Public Works staff being allowed to proceed with construction of the Bridge
19/46.5A Replacement Project.
Impacts:
The design phase of this project has been completed, and the ROW/Easements acquisition phase has
commenced. Public Works estimates construction may commence in late 2026.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
This project is included within the most recently approved 5 -year CIP and the total project cost is estimated at
$10,430,860. The County Attorney's Office has reviewed and approved the MOA.
Recommendation:
Public Works recommends authorization to include the MOA on an upcoming BOCC public meeting agenda.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
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2025-2027
"Ulu EC-10aS
MEMORANDUM OF AGREEMENT
Among
The Federal Highway Administration,
The Colorado Department of Transportation and Weld County
Regarding
Weld County Bridge 19/46.5A Project, Weld County, Colorado,
CDOT Project C030-079, SA 23137
WHEREAS, the Federal Highway Administration (FHWA) is providing funding and
authorization to Weld County to replace the Weld County Bridge 19/46.5A on the Little
Thompson River between the towns of Johnstown and Milliken in Weld County, Colorado
(Project).
WHEREAS, the Colorado Department of Transportation (CDOT) carries out activities for
Federal -Aid transportation projects on behalf of FHWA, including contracting, project
selection, project development, construction oversight,and post -construction monitoring.
WHEREAS, FHWA is the lead federal agency for the Project and is responsible for consulting
with the U.S. Fish and Wildlife Service (Service) under Section 7 of the Endangered Species Act
(ESA) when a proposed action will impact threatened or endangered species and/or designated
critical habitat.
WHEREAS, FHWA has determined the Project may affect, and is likely to adversely affect the
Preble's meadow jumping mouse (Zapus hudsonius preblei) (PMJM), a species listed as
federally threatened under the ESA as amended (16 U.S.C. 1531 et seq.) and the Interagency
Cooperative Regulations (50 CFR 402).
WHEREAS, the Service has agreed that the Project may affect, and is likely to adversely affect
PMJM and has issued its final Biological Opinion (BO) (2025-0060201) to FHWA defining
specific measures required, that when implemented would avoid and minimize impactsto
PMJM and its habitat. Critical habitat has not been designated in the project area; therefore,
none will be affected.
WHEREAS, Weld County, with oversight by CDOT, will construct the Project following all
federal, state, and local regulations required for Federal -Aid projects with oversight by state
DOTs.
WHEREAS, FHWA will delegate its responsibilities, as defined in the BO, to Weld County for
implementation into the Project during and after construction is complete and untilsuch time the
Service determines all Terms and Conditions of the BO have been fulfilled.
WHEREAS, the Project will not be approved for advertisement and construction until FHWA,
CDOT, and Weld County have agreed to this MOA.
June 5, 2025 II
WHEREAS, Weld County will allow CDOT to review the plans, specifications, and
estimates developed for the project to ensure that all appropriate measures of the biological
assessment (BA) and BO have been included.
NOW, THEREFORE, to take into account the effect of the Project on PMJM in compliance
with Section 7 of the ESA, FHWA, CDOT, and Weld County agree that the Project shall be
implemented in accordance with the following stipulations of the BO issued for this project.
Including:
STIPULATIONS
Weld County shall ensure that the following stipulations are implemented:
I. Reasonable and Prudent Measures
The reasonable and prudent measures, and implementing terms and conditions, minimize the
effects of incidental take that might otherwise result from the action. In addition to the
Conservation Measures already proposed as part of the project description, the Service believes
that the following reasonable and prudent measures are necessary and appropriate to minimize
the impacts of incidental take of the Preble's meadow jumping mouse:
1. Weld County will monitor the extent of habitat impacted to ensure that it does not
exceed the authorized area or the authorized take limits.
2. Weld County will monitor all aspects of restoration to assure its completion and success.
3. Weld County will ensure that best management practices and conservationmeasures
designed to minimize take are implemented and successful.
IL Terms and Conditions
In order to be exempt from the prohibitions of section 9 of the Act, Weld County must comply
with the following terms and conditions, which implement the reasonable and prudent
measures described above and outline required reporting/monitoring. These terms and
conditions are non -discretionary and shall include.
The following terms and conditions implement reasonable and prudent measures:
1. Weld County shall ensure that proposed conservation measures and recommendations
(outlined in the BO under Monitoring, Success Criteria for Habitat Mitigation,
Conservation Measures, and as listed in the BA) are formally adopted and implemented.
2. Weld County or its agent will designate a qualified environmental manager or management
team to be onsite to inform workers of permit conditions, monitor construction, and assure
that habitat avoidance and conservation measures are implemented.
June 5, 2025 El
3. Weld County will ensure that the implementation of Preble's meadow jumping mouse
habitat restoration will be supervised by a qualified ecologist experienced in habitat
restoration. This includes the implementation of an approved integrated weed
management plan.
4. Weld County will include as a binding condition of project approval that annual
monitoring of onsite restoration and enhancement efforts, and noxious weeds, be
conducted. Monitoring will extend for at least three growing seasons (or until such a
time as FHWA and the Service determine that proposed revegetation has been
successfully completed). Success criteria were described previously in the Success
Criteria for Habitat Mitigation section on page 9, as well as in the biological
assessment.
5. In the unlikely event a Preble's meadow jumping mouse or any other federally listed
species is killed or injured during project activities, notify the Service's Colorado Field
Office in Lakewood (303) 236-4773 within ten (10) days.
The Service believes that the proposed action will adversely affect no more than 3.966 acres
of Preble's meadow jumping mouse habitat, resulting in incidental take of no more than 1.5
Preble's meadow jumping mice. The reasonable and prudent measures, with their
implementing terms and conditions, are designed to minimize the impact of incidental take
that might otherwise result from the proposed action.
If, during the course of the action, this level of incidental take is exceeded, such incidental
takerepresents new information requiring re -initiation of consultation and review of the
reasonable and prudent measures provided. Weld County must immediately provide an
explanation of the causes of the increased level of taking and review with CDOT and
FHWA, which may lead to possible modification of the reasonable and prudent measures
for which Weld County would ultimately be responsible.
June 5. 2025 II
MEMORANDUM OF AGREEMENT
Among
The Federal Highway Administration,
The Colorado Department of Transportation and Weld County
Regarding
Weld County Bridge 19/46.5A Project, Weld County, Colorado,
CDOT Project C030-079, SA 23137
SIGNATORIES:
Federal Highway Administration
JOHN MARTIN
CATER
John M. Carter, P.E.
Division Administrator
Digitally signed by JOHN
MARTIN CATER
Date: 2025.08.07 13:34:12-0600DATE:
Colorado Department of Transportation
Heather Paddock
Region 4 Transportation Director
ounty
DATE: 1 a� 1 QS
JUL 1 6 2025
Deny ck GZ
Chair, Weld County
Attest: W.aaf.
Deputy Clerk to the Weld Cou¢fy Board
lime ;. 2025 1111
ZOZS-2021
Contract Form
Entity Information
Entity Name*
COLORADO DEPARTMENT OF
TRANSPORTATION
Entity ID*
@00003413
Contract Name*
BRIDGE 19-46.5A MOA FOR PREBLES MEADOW
JUMPING MOUSE
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
9729
Contract Lead *
MBEDELL
Contract Lead Email
MBedell@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
GR-54
Contract Description*
A MEMORANDUM OF AGREEMENT (MOA) ASSOCIATED WITH PREBLES MEADOW JUMPING MOUSE MITIGATION
MEASURES REQUIRED FOR THE BRIDGE 19-46.5A REPLACEMENT PROJECT.
Contract Description 2
Contract Type* Department
AGREEMENT PUBLIC WORKS
Amount*
$ 0.00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
IGA
YES
Department Email
CM-
PublicWorks@weld.gov
Department Head Email
CM-PublicWorks-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
IGA Deadline Date
Requested BOCC Agenda Due Date
Date* 07/12/2025
07/16/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date*
12/31/2025
Committed Delivery Date
Renewal Date
Expiration Date*
12/31/2028
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
.CURTIS HALL CHERYL PATTELLI BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
07/08/2025 07/08/2025 07/08/2025
Final Approval
BOCC Approved Tyler Ref #
AG 071625
BOCC Signed Date Originator
MBEDELL
BOCC Agenda Date
07/16/2025
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