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HomeMy WebLinkAbout20232641.tiffNOTICE OF FINDING OF NO SIGNFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS September 13, 2023 Weld County 1150 0 Street Greeley, CO 80632 970 400-4480 These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the County of Weld, Colorado. REQUEST FOR RELEASE OF FUNDS On or about Oct. 2, 2023, the County of Weld, Colorado will submit a request to the HUD CPD, Region VIII, Denver office for the release of Weld County CDBG Program funds under Title 1 of the Housing and Community Development Act of 1974, as amended, to undertake a project known as the Hudson Walking Paths Project for the purpose of infrastructure improvements to indude 0.4 miles of new sidewalk abutting Hwy. 52 between Fishing Pond Road and Beech Ave, and an ADA crosswalk with flashing beacon across Hwy. 52 at Beech Ave., in Hudson, Weld County, CO in the HUD funded amount of $65,000. The total project cost is $155,500. FINDING OF NO SIGNIFICANT IMPACT The County of Weld, Colorado 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 Weld County Administration Building, 1150 0 Street, Greeley, CO 80632, and may be examined or copied weekdays 8:00 A.M. to 5:00 P.M. A copy of the Environmental Review Record for this project may also be found on the HUD website at https://cpd.hud.gov/cpd-public/environmental-reviews PUBLIC COMMENTS Any individual, group, or agency may submit written comments on the ERR to the Weld County CDBG Program, 1150 0 Street, Greeley, CO 80632. All comments received by Sept. 29, 2023 will be considered by the County of Weld prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing. ENVIRONMENTAL CERTIFICATION The County of Weld certifies to HUD that Elizabeth Relford, Certifying Officer, in her capacity as CDBG Manager, 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. HUD's approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the County of Weld to use Program funds. OBJECTIONS TO RELEASE OF FUNDS HUD will accept objections to its release of funds and the County of Weld's 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 County of Weld; (b) the County of Weld 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 Cotti��un ;Go,t ion S Oct 5/23 2023-2641 FIoo78. submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted via email in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to Noemi Ghirghi, CPD Region VIII Director, at CPD COVID-19OEE-DENahud.gov. Potential objectors should contact CPD COVID-19OEE-DEN@hud.gov to verify the actual last day ofthe objection period. Elizabeth Relford, CDBG Manager, Certifying Officer Weld County Dated: September 8, 2023 Published: September 13, 2023 in the Greeley Tribune U.S. Department of Housing and Urban Development 451 Seventh Street, SW Washington, DC 20410 www.hud.gov esoanol.hud.gov Environmental Assessment Determinations and Compliance Findings for HUD -assisted Projects 24 CFR Part 58 Project Information Project Name: Hudson -Walking -Paths -Project HEROS Number: 900000010325976 Responsible Entity (RE): WELD COUNTY COLORADO, 1150 O STREET GREELEY CO, 80631 RE Preparer: Cynthia Martin State / Local Identifier: 22-4 Certifying Officer: Elizabeth Relford Grant Recipient (if different than Responsible Ent ity): Point of Contact: Consultant (if applicabl e): Point of Contact: Project Location: 1125 Main St, Hudson, CO 80642 Additional Location Information: North side of Colorado Highway 52 from Fishing Pond Rd. to Beech Street, Town of Dacono, Weld County, Colorado Hudson -Walking -Paths - Project Direct Comments to: Hudson, CO 900000010325976 Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: The purpose of this project is to provide Hudson's low-income seniors, persons with disabilities, and other residents with safe accessible walking paths. There is currently no safe way to leave Prairie View Apartments (low-income housing for seniors) and walk to the grocery store, post office, convenience stores, Town Hall, the public library or the fishing pond because there is no adequate sidewalk linking the apartments to the town services. While all of these resources are a short walk away, to reach them Hudson's seniors would have to cross CO -52 with no sidewalks or ADA crossing. By adding a sidewalk along the north side of CO -52 from Fishing Pond Rd to Beech St. and an ADA crosswalk at Beech St., Hudson's seniors will be able to access all services Hudson has to offer. CDBG funds will be used to construct 0.4 mi of sidewalk and an ADA crosswalk with a rapid flashing beacon across CO -52 at Beech St which connects to a sidewalk leading to businesses, services and facilities that meet basic needs. Statement of Purpose and Need for the Proposal [40 CFR 1508.9(b)]: The purpose of this project is to provide Hudson's low-income seniors, persons with disabilities, and other residents with safe accessible walking paths. There is currently no safe way to leave Prairie View Apartments, a low-income housing complex for seniors, and walk to the grocery store, post office, convenience stores, Town Hall, the public library or the fishing pond because there is no adequate sidewalk linking the apartments to the town services. While all of these resources are a short walk away, to reach them Hudson's seniors would have to cross CO -52 with no sidewalks or ADA crossing. By adding a sidewalk along the north side of CO -52 from Fishing Pond Rd to Beech St. (0.2 miles) along with an ADA crosswalk at Beech St., Hudson's seniors will be able to access all services Hudson has to offer. Existing Conditions and Trends [24 CFR 58.40(a)]: There is currently no safe way to leave Prairie View Apartments, a low-income housing complex for seniors, and walk to the grocery store, post office, convenience stores, Town Hall, the public library or the fishing pond because there is no adequate sidewalk linking the apartments to Town services. Residents must walk in the dirt alongside a busy State highway and cross over it to get to Town Hall, the library, grocery store, post office and other Town services. Without this sidewalk and a safer crossing residents must navigate along an unsafe route. Maps, photographs, and other documentation of project location and description: 22-4 Project site map.pdf Determination: O8/29/2023 11:49 Page 2 of 39 Hudson -Walking -Paths - Project Hudson, CO 900000010325976 ✓ Finding of No Significant Impact [24 CFR 58.40(g)(1); 40 CFR 1508.13] The project will not result in a significant impact on the quality of human environment Finding of Significant Impact Approval Documents: 7015.15 certified by Certifying Officer on: 7015.16 certified by Authorizing Officer on: Funding Information Grant / Project Identification Number HUD Program Program Name B-22-UC-08-0006 Community Planning and Development (CPD) Community Development Block Grants (CDBG) (Entitlement) Estimated Total HUD Funded, $65,000.00 Assisted or Insured Amount: Estimated Total Project Cost [24 CFR 58.2 (a) $155,500.00 (5)]: Compliance with 24 CFR §50.4, §58.5 and §58.6 Laws and Authorities Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4, §58.5, and §58.6 Are formal compliance steps or mitigation required? Compliance determination (See Appendix A for source determinations) STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.6 Airport Hazards Clear Zones and Accident Potential Zones; 24 CFR Part 51 Subpart D O Yes Q No The project site is not within 15,000 feet of a military airport or 2,500 feet of a civilian airport. The project is in compliance with Airport Hazards requirements. NEPAssist map shows 08/29/2023 11:49 Page 3 of 39 Hudson -Walking -Paths - Project Hudson, CO 900000010325976 closest airport is the Platte Valley Airport 4.46 miles as the crow flies. Coastal Barrier Resources Act Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501] O Yes 0 No This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Flood Insurance Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001- 4128 and 42 USC 5154a] O Yes 0 No Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements. STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5 Air Quality Clean Air Act, as amended, particularly section 176(c) & (d); 40 CFR Parts 6, 51, 93 O Yes 0 No Based on the project description, this project includes no activities that would require further evaluation under the Clean Air Act. The project is in compliance with the Clean Air Act. Coastal Zone Management Act Coastal Zone Management Act, sections 307(c) & (d) O Yes 0 No This project is located in a state that does not participate in the Coastal Zone Management Program. Therefore, this project is in compliance with the Coastal Zone Management Act. Contamination and Toxic Substances 24 CFR 50.3(i) & 58.5(i)(2)] O Yes 0 No Site contamination was evaluated as follows: None of the above. On -site or nearby toxic, hazardous, or radioactive substances that could affect the health and safety of project occupants or conflict with the intended use of the property were not found. The project is in compliance with contamination and toxic substances requirements. Searched the NEPAssist map and CDPHE maps for hazardous waste sites (RCRAs), Toxic Releases (TRIs), Toxic Substance Control Act (TCSA) sites, Superfund sites and Brownfields on or nearby any 08/29/2023 11:49 Page 4 of 39 Hudson -Walking -Paths - Project Hudson, CO 900000010325976 single-family property within the project area keeping in mind the HUD site contamination search distance table. No RCRAs on any of the properties or adjacent properties within the project area. Reviewed petroleum release information on the Colorado Division of Oil and Public Safety website. Viewed Colorado Dept. of Public Health and Environment (CDPHE) website to find no Voluntary Cleanup Sites or landfills within 1/2 mile of the project site. Search for underground storage tanks found none in the project site or on an adjacent property. Search for leaking underground storage tanks showed no open events within 1/2 mile of the project site. NEPAassist Map 8/17/23 CDPHE map 8/18/23 https://cdphe.colorado.gov/hm-gis-data Colorado UST (underground storage tanks) map 8/18/23 at https://ops.colorado.gov/Petroleum/ma ps Colorado LUST (leaking underground storage tank) 8/14/23 at https://gis.colorado.gov/openpetroleu m/ Endangered Species Act Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402 O Yes Q No This project will have No Effect on listed species due to the nature of the activities involved in the project. This project is in compliance with the Endangered Species Act. Project involves constructing 0.04 miles of sidewalk in an already developed area and constructing a crosswalk that meets ADA requirements. NEPAssist Critical Habitats map 8/18/23 Explosive and Flammable Hazards Above -Ground Tanks)[24 CFR Part 51 Subpart C O Yes El No Based on the project description the project includes no activities that would require further evaluation under this section. The project is in compliance with explosive and flammable hazard requirements. Farmlands Protection Farmland Protection Policy Act of O Yes Q No This project does not include any activities that could potentially convert 08/29/2023 11:49 Page 5 of 39 Hudson -Walking -Paths - Project Hudson, CO 900000010325976 1981, particularly sections 1504(b) and 1541; 7 CFR Part 658 agricultural land to a non-agricultural use. The project is in compliance with the Farmland Protection Policy Act. Floodplain Management Executive Order 11988, particularly section 2(a); 24 CFR Part 55 O Yes 0 No This project does not occur in a floodplain. The project is in compliance with Executive Order 11988. FEMA map dated 8/14/23 Historic Preservation National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800 0 Yes 0 No Based on Section 106 consultation, there are No Historic Properties Affected because the project will have no effect on the historic properties that are present. The project is in compliance with Section 106. Determination of No Historic Properties Affected. This is a sidewalk project carried out in the public right of way. The project will have no effect on the historic properties as it will in no way alter any characteristics that may qualify the property for inclusion in the National Register of Historic Places. NEPAssist Map showing no National Register of Historic Places properties in project location 2.20.23 Consulted History Colorado's website to search for properties on the National Register of Historic Places 2.21.23 https://www.historycolorado.org/natio nal-state-register-listed-properties Requested consultation with Native American Tribes with an interest in the project area 2.27.23. One comment received with no concerns. Requested consultation with Colorado SHPO 3.6.23 Noise Abatement and Control Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978; 24 CFR Part 51 Subpart B O Yes 0 No Based on the project description, this project includes no activities that would require further evaluation under HUD's noise regulation. The project is in compliance with HUD's Noise regulation. Sole Source Aquifers Safe Drinking Water Act of 1974, as amended, particularly section 1424(e); 40 CFR Part 149 O Yes 0 No The project is not located on a sole source aquifer area. The project is in compliance with Sole Source Aquifer requirements. Sole source aquifer map dated 8/14/23 08/29/2023 11:49 Page 6 of 39 Hudson -Walking -Paths - Project Hudson, CO 900000010325976 Wetlands Protection Executive Order 11990, particularly sections 2 and 5 O Yes IO No The project will not impact on- or off - site wetlands. The project is in compliance with Executive Order 11990. NWI Wetlands map dated 8/14/23 Wild and Scenic Rivers Act Wild and Scenic Rivers Act of 1968, particularly section 7(b) and (c) O Yes B No This project is not within proximity of a NWSRS river. The project is in compliance with the Wild and Scenic Rivers Act. NWSRS map 8/17/23 List of Wild and Scenic Rivers currently under study 7/21/23 HUD HOUSING ENVIRONMENTAL STANDARDS ENVIRONMENTAL JUSTICE Environmental Justice Executive Order 12898 O Yes IZI No No adverse environmental impacts were identified in the project's total environmental review. The project is in compliance with Executive Order 12898. EPA EJ map 8/17/23 Environmental Assessment Factors (24 CFR 58.40; Ref. 40 CFR 1508.8 &1508.27j Impact Codes: An impact code from the following list has been used to make the determination of impact for each factor. (1) Minor beneficial impact (2) No impact anticipated (3) Minor Adverse Impact — May require mitigation (4) Significant or potentially significant impact requiring avoidance or modification which may require an Environmental Impact Statement. Environmental Assessment Factor Impact Code Impact Evaluation Mitigation LAND DEVELOPMENT Conformance with Plans / Compatible Land Use and Zoning / Scale and Urban Design 1 The new sidewalk to be constructed will use the design and placement standards currently used throughout the Town. The new ADA crosswalk across a busy highway to be added will meet current Federal ADA standards. The project will take place entirely within the City's right of way in an existing residential neighborhood. There will be a positive impact as there was no existing sidewalk previously in this area and no safe crossing at the proposed location of the new crosswalk. The project will 08/29/2023 11:49 Page 7 of 39 Hudson -Walking -Paths - Project Hudson, CO 900000010325976 Environmental Assessment Factor Impact Code Impact Evaluation Mitigation conform with zoning and result in no changes to land use would occur. Soil Suitability / Slope/ Erosion / Drainage and Storm Water Runoff 1 The existing soil at the project site is suitable for the laying of a new sidewalk. No soil will need to be brought in from elsewhere for the project. The proposed new sidewalk will be laid in a flat area alongside an existing paved road. The project has been engineered so there will be no negative impacts to the drainage or storm water runoff systems in place and with erosion controls. Hazards and Nuisances including Site Safety and Site- Generated Noise 2 Best management practices will be used during construction to limit hazards and nuisances including temporary noise and site safety impacts. No long-term impacts would result from the proposed project. SOCIOECONOMIC Employment and Income Patterns 2 There would be a little impact to employment and income patterns. Residents using the new sidewalk and safer crossing of Highway 52 through Town would have improved pedestrian access to jobs in the Town's historic downtown and civic buildings however the positive effect is likely to be negligible. Demographic Character Changes / Displacement 2 There would be no displacement nor demographic character changes. No property will need to be taken for the proposed project- no one will be displaced. Environmental Justice EA Factor 1 The proposed project would improve the access to public services for low-income persons residing in the rent -restricted Prairie View Apartments located in the project area and will assist disabled persons residing in or near the project area. COMMUNITY FACILITIES AND SERVICES Educational and Cultural Facilities (Access and Capacity) 1 The proposed project would improve access for its citizens residing in or near the project area to the Hudson Elementary School and the Hudson public library both 08/29/2023 11:49 Page 8 of 39 Hudson -Walking -Paths - Project Hudson, CO 900000010325976 Environmental Assessment Factor Impact Code Impact Evaluation Mitigation located on Beech Street a few blocks south of Highway 52. Commercial Facilities (Access and Proximity) 1 The proposed project would improve access for its citizens residing in or near the project area Hudson's historic downtown area including retail shops, restaurants and services. Health Care / Social Services (Access and Capacity) 2 The proposed project would have no impact access and capacity of health care and social services in the Town of Hudson. The Town has no hospital and few private clinics and doctors offices. The closest social services office would be in nearby Ft. Lupton. Solid Waste Disposal and Recycling (Feasibility and Capacity) 2 The proposed project would have no impact on feasibility and capacity of solid waste disposal and recycling due to the nature of the project. Waste Water and Sanitary Sewers (Feasibility and Capacity) 2 The proposed project would have no impact on the feasibility and capacity of the existing waste water and sanitary sewers. The proposed construction of a relatively short distance of sidewalk where there is no existing sidewalk would not introduce little additional water into these systems and would not call for an increase in capacity. Water Supply (Feasibility and Capacity) 2 The proposed project would have no impact on feasibility and capacity of the existing water supply due to the nature of the project. Public Safety - Police, Fire and Emergency Medical 2 The proposed project would not result in a need for additional police, fire or emergency medical due to the nature of the project. Parks, Open Space and Recreation (Access and Capacity) 1 The proposed project would improve pedestrian access to parks and recreation as Hudson Memorial Park lies within the project area. The park is home to Hudson Fishing Pond. The pond is owned by the Town of Hudson and open to the residents to fish at no cost and without a license. 08/29/2023 11:49 Page 9 of 39 Hudson -Walking -Paths - Project Hudson, CO 900000010325976 Environmental Assessment Factor Impact Code Impact Evaluation Mitigation Transportation and Accessibility (Access and Capacity) 1 The proposed project would improve access to nearby services, safety in the form of an improved crosswalk and balance allowing for the alternative path of walking to nearby services versus driving. NATURAL FEATURES Unique Natural Features /Water Resources 2 There are no unique natural features or water resources within the project area. Vegetation / Wildlife (Introduction, Modification, Removal, Disruption, etc.) 2 Any impacts from the proposed project to native vegetation and any wildlife that may occupy the project area would be temporary and associated with the construction. Best management practices will be used during construction to limit disturbance. No long-term impacts would result from the proposed project. Other Factors 1 Other Factors 2 CLIMATE AND ENERGY Climate Change 1 The project is geared towards improving pedestrian access cutting the need to drive to nearby services. The proposed project would do little to change the landscape. Energy Efficiency 1 The project is geared towards improving pedestrian access cutting the need to drive to nearby services leading to less gas consumption. Supporting documentation Additional Studies Performed: No additional studies performed. Field Inspection [Optional]: Date and completed by: List of Sources, Agencies and Persons Consulted [40 CFR 1508.9(b)]: 08/29/2023 11:49 Page 10 of 39 Hudson -Walking -Paths - Project Hudson, CO 900000010325976 State Historic Preservation Office; Tribal Historic Preservation Officers/Representatives; Jennifer Woods, Planning Director, Town of Hudson; Brad Curtis, PE, Vice -President, Northern Engineering List of Permits Obtained: CDOT permit for improvements along State Highway 52; IGA between CDOT and Town of Hudson for crosswalk Public Outreach [24 CFR 58.43]: FONSI notification dissemination list attached. Call for public comments on Weld County Facebook and Twitter pages. Weld County Communications Dept. gather and forward comments to Weld County CDBG Program. 22-4 FONSI notification dissemination list.docx Cumulative Impact Analysis [24 CFR 58.32]: The largest immediate impact of the proposed project to the environment is the introduction of sidewalk in a developed area where there is currently none. At some indeterminate time in the future, this new section of sidewalk would be built as the area grows and Town revenues increase. And, it would be built in the same location as it highly unlikely that the current road it skirts will be widened nor would the nature of the residential area in which it sits will be altered in the foreseeable future. Alternatives [24 CFR 58.40(e); 40 CFR 1508.9] No alternatives were considered other than No Action. No Action Alternative [24 CFR 58.40(e)] Under the No Action Alternative, Weld County Community Development Block Grant Program funding would not be provided to the Town of Hudson and the project area would remain in its current state. The project area would remain unsafe for pedestrians to navigate. Summary of Findings and Conclusions: None of the impacts considered were determined to have a minor or significant adverse impacts. 42% of the impacts considered were determined to have a minor beneficial impact. Implementation of the proposed action would result in no adverse impacts and no mitigation is necessary. Mitigation Measures and Conditions [CFR 1505.2(c)]: 08/29/2023 11:49 Page 11 of 39 Hudson -Walking -Paths - Project Hudson, CO 900000010325976 Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non- conformance with the above -listed authorities and factors. These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents. The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law, Authority, or Factor Mitigation Measure or Condition Comments on Completed Mitigation Plan Complete Measures Project Mitigation Plan Supporting documentation on completed measures 08/29/2023 11:49 Page 12 of 39 Hudson -Walking -Paths - Project Hudson, CO 900000010325976 APPENDIX A: Related Federal Laws and Authorities Airport Hazards General policy It is HUD's policy to apply standards to prevent incompatible development around civil airports and military airfields. Legislation Regulation 24 CFR Part 51 Subpart D 1. To ensure compatible land use development, you must determine your site's proximity to civil and military airports. Is your project within 15,000 feet of a military airport or 2,500 feet of a civilian airport? ✓ No Based on the response, the review is in compliance with this section. Document and upload the map showing that the site is not within the applicable distances to a military or civilian airport below Yes Screen Summary Compliance Determination The project site is not within 15,000 feet of a military airport or 2,500 feet of a civilian airport. The project is in compliance with Airport Hazards requirements. NEPAssist map shows closest airport is the Platte Valley Airport 4.46 miles as the crow flies. Supporting documentation 22-4 Airport map.pdf Are formal compliance steps or mitigation required? Yes V No 08/29/2023 11:49 Page 13 of 39 Hudson -Walking -Paths - Project Coastal Barrier Resources General requirements HUD financial assistance may not be used for most activities in units of the Coastal Barrier Resources System (CBRS). See 16 USC 3504 for limitations on federal expenditures affecting the CBRS. Hudson, CO 900000010325976 Legislation Coastal Barrier Resources Act (CBRA) of 1982, as amended by the Coastal Barrier Improvement Act of 1990 (16 USC 3501) Regulation This project is located in a state that does not contain CBRA units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Compliance Determination This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 08/29/2023 11:49 Page 14 of 39 Hudson -Walking -Paths - Project Flood Insurance Hudson, CO General requirements Legislation Regulation Certain types of federal financial assistance may not be I Flood Disaster 24 CFR 50.4(b)(1) used in floodplains unless the community participates I Protection Act of 1973 and 24 CFR 58.6(a) in National Flood Insurance Program and flood as amended (42 USC and (b); 24 CFR insurance is both obtained and maintained. 14001-4128) 55.1(b). 900000010325976 1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property? ✓ No. This project does not require flood insurance or is excepted from flood insurance. Based on the response, the review is in compliance with this section. Yes 4. While flood insurance is not mandatory for this project, HUD strongly recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). Will flood insurance be required as a mitigation measure or condition? Yes ✓ No Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 08/29/2023 11:49 Page 15 of 39 Hudson -Walking -Paths- Hudson, CO 900000010325976 Project 08/29/2023 11:49 Page 16 of 39 Hudson -Walking -Paths - Project Air Quality General requirements The Clean Air Act is administered by the U.S. Environmental Protection Agency (EPA), which sets national standards on ambient pollutants. In addition, the Clean Air Act is administered by States, which must develop State Implementation Plans (SIPs) to regulate their state air quality. Projects funded by HUD must demonstrate that they conform to the appropriate SIP. Hudson, CO Legislation Clean Air Act (42 USC 7401 et seq.) as amended particularly Section 176(c) and (d) (42 USC 7506(c) and (d)) 900000010325976 Regulation 40 CFR Parts 6, 51 and 93 1. Does your project include new construction or conversion of land use facilitating the development of public, commercial, or industrial facilities OR five or more dwelling units? Yes ✓ No Based on the response, the review is in compliance with this section. Screen Summary Compliance Determination Based on the project description, this project includes no activities that would require further evaluation under the Clean Air Act. The project is in compliance with the Clean Air Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 08/29/2023 11:49 Page 17 of 39 Hudson -Walking -Paths - Project Coastal Zone Management Act General requirements Federal assistance to applicant agencies for activities affecting any coastal use or resource is granted only when such activities are consistent with federally approved State Coastal Zone Management Act Plans. Hudson, CO Legislation Coastal Zone Management Act (16 USC 1451-1464), particularly section 307(c) and (d) (16 USC 1456(c) and (d)) 900000010325976 Regulation 15 CFR Part 930 This project is located in a state that does not participate in the Coastal Zone Management Program. Therefore, this project is in compliance with the Coastal Zone Management Act. Screen Summary Compliance Determination This project is located in a state that does not participate in the Coastal Zone Management Program. Therefore, this project is in compliance with the Coastal Zone Management Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 08/29/2023 11:49 Page 18 of 39 Hudson -Walking -Paths - Project Hudson, CO Contamination and Toxic Substances General requirements t is HUD policy that all properties that are being proposed for use in HUD programs be free of hazardous materials, contamination, tonic chemicals and gases, and radioactive substances, where a hazard could affect the health and safety of the occupants or conflict with the intended utilization of the property. 900000010325976 Regulations 24 CFR 58.5(i)(2) 24 CFR 50.3(i) 1. How was site contamination evaluated? Select all that apply. Document and upload documentation and reports and evaluation explanation of site contamination below. American Society for Testing and Materials (ASTM) Phase I Environmental Site Assessment (ESA) ASTM Phase II ESA Remediation or clean-up plan ASTM Vapor Encroachment Screening ✓ None of the Above 2. Were any on -site or nearby toxic, hazardous, or radioactive substances found that could affect the health and safety of project occupants or conflict with the intended use of the property? (Were any recognized environmental conditions or RECs identified in a Phase I ESA and confirmed in a Phase II ESA?) ✓ No Explain: Reviewed information provided by U.S. EPA and the Colorado Dept. of Public Health and Environment (CDPHE) to make this determination. Based on the response, the review is in compliance with this section. Yes Screen Summary Compliance Determination Site contamination was evaluated as follows: None of the above. On -site or nearby toxic, hazardous, or radioactive substances that could affect the health and safety of 08/29/2023 11:49 Page 19 of 39 Hudson -Walking -Paths- Hudson, CO 900000010325976 Project project occupants or conflict with the intended use of the property were not found. The project is in compliance with contamination and toxic substances requirements. Searched the NEPAssist map and CDPHE maps for hazardous waste sites (RCRAs), Toxic Releases (TRIs), Toxic Substance Control Act (TCSA) sites, Superfund sites and Brownfields on or nearby any single-family property within the project area keeping in mind the HUD site contamination search distance table. No RCRAs on any of the properties or adjacent properties within the project area. Reviewed petroleum release information on the Colorado Division of Oil and Public Safety website. Viewed Colorado Dept. of Public Health and Environment (CDPHE) website to find no Voluntary Cleanup Sites or landfills within 1/2 mile of the project site. Search for underground storage tanks found none in the project site or on an adjacent property. Search for leaking underground storage tanks showed no open events within 1/2 mile of the project site. NEPAassist Map 8/17/23 CDPHE map 8/18/23 https://cdphe.colorado.gov/hm-gis- data Colorado UST (underground storage tanks) map 8/18/23 at https://ops.colorado.gov/Petroleum/maps Colorado LUST (leaking underground storage tank) 8/14/23 at https://gis.colorado.gov/openpetroleum/ Supporting documentation 22-4 CDPHE map.pdf 22-4 Colorado UST map.pdf 22-4 Colorado LUST map jpg 22-4 NEPAssist map -Site Contamination.pdf Are formal compliance steps or mitigation required? Yes ✓ No 08/29/2023 11:49 Page 20 of 39 Hudson -Walking -Paths - Project Endangered Species General requirements ESA Legislation Regulations Section 7 of the Endangered Species Act (ESA) The Endangered 50 CFR Part mandates that federal agencies ensure that Species Act of 1973 402 actions that they authorize, fund, or carry out (16 U.S.C. 1531 et shall not jeopardize the continued existence of seq.); particularly federally listed plants and animals or result in section 7 (16 USC the adverse modification or destruction of designated critical habitat. Where their actions may affect resources protected by the ESA, agencies must consult with the Fish and Wildlife 1536). Service and/or the National Marine Fisheries Service ("FWS" and "NMFS" or "the Services"). Hudson, CO 9O0000010325976 1. Does the project involve any activities that have the potential to affect specifies or habitats? ✓ No, the project will have No Effect due to the nature of the activities involved in the project. This selection is only appropriate if none of the activities involved in the project have potential to affect species or habitats. Examples of actions without potential to affect listed species may include: purchasing existing buildings, completing interior renovations to existing buildings, and replacing exterior paint or siding on existing buildings. Based on the response, the review is in compliance with this section. No, the project will have No Effect based on a letter of understanding, memorandum of agreement, programmatic agreement, or checklist provided by local HUD office Yes, the activities involved in the project have the potential to affect species and/or habitats. Screen Summary Compliance Determination This project will have No Effect on listed species due to the nature of the activities involved in the project. This project is in compliance with the Endangered Species Act. Project involves constructing 0.04 miles of sidewalk in an already developed area and 08/29/2023 11:49 Page 21 of 39 Hudson -Walking -Paths - Project Hudson, CO 900000010325976 constructing a crosswalk that meets ADA requirements. NEPAssist Critical Habitats map 8/18/23 Supporting documentation 22-4 Critical Habitats map.pdf Are formal compliance steps or mitigation required? Yes ✓ No 08/29/2023 11:49 Page 22 of 39 Hudson -Walking -Paths - Project Hudson, CO Explosive and Flammable Hazards General requirements Legislation Regulation HUD -assisted projects must meet Acceptable Separation Distance (ASD) requirements to protect them from explosive and flammable hazards. N/A 24 CFR Part 51 Subpart C 900000010325976 1. Is the proposed HUD -assisted project itself the development of a hazardous facility (a facility that mainly stores, handles or processes flammable or combustible chemicals such as bulk fuel storage facilities and refineries)? ✓ No Yes 2. Does this project include any of the following activities: development, construction, rehabilitation that will increase residential densities, or conversion? ✓ No Based on the response, the review is in compliance with this section. Yes Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section. The project is in compliance with explosive and flammable hazard requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 08/29/2023 11:49 Page 23 of 39 Hudson -Walking -Paths - Project Farmlands Protection General requirements The Farmland Protection Farmland Protection Policy Policy Act (FPPA) discourages Act of 1981 (7 U.S.C. 4201 federal activities that would et seq.) convert farmland to nonagricultural purposes. Hudson, CO 900000010325976 1. Does your project include any activities, including new construction, acquisition of undeveloped land or conversion, that could convert agricultural land to a non-agricultural use? Yes V No If your project includes new construction, acquisition of undeveloped land or conversion, explain how you determined that agricultural land would not be converted: Project takes place in a developed area. Based on the response, the review is in compliance with this section. Document and upload all documents used to make your determination below. Screen Summary Compliance Determination This project does not include any activities that could potentially convert agricultural land to a non-agricultural use. The project is in compliance with the Farmland Protection Policy Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 08/29/2023 11:49 Page 24 of 39 Hudson -Walking -Paths - Project Floodplain Management General Requirements Legislation Executive Order 11988, Executive Order 11988 Floodplain Management, requires federal activities to avoid impacts to floodplains and to avoid direct and indirect support of floodplain development to the extent practicable. Hudson, CO 900000010325976 Regulation 24 CFR 55 1. Do any of the following exemptions apply? Select the applicable citation? [only one selection possible] 55.12(c)(3) 55.12(c)(4) 55.12(c)(5) 55.12(c)(6) 55.12(c)(7) 55.12(c)(8) 55.12(c)(9) 55.12(c)(10) 55.12(c((11( ✓ None of the above 2. Upload a FEMA/FIRM map showing the site here: 22-4 FEMA Firmette.pdf The Federal Emergency Management Agency (FEMA) designates floodplains. The FEMA Map Service Center provides this information in the form of FEMA Flood Insurance Rate Maps (FIRMS). For projects in areas not mapped by FEMA, use the best available information to determine floodplain information. Include documentation, including a discussion of why this is the best available information for the site. Does your project occur in a floodplain? No Yes Based on the response, the review is in compliance with this section. 08/29/2023 11:49 Page 25 of 39 Hudson -Walking -Paths - Project Hudson, CO 900000010325976 Screen Summary Compliance Determination This project does not occur in a floodplain. The project is in compliance with Executive Order 11988. FEMA map dated 8/14/23 Supporting documentation Are formal compliance steps or mitigation required? Yes No 08/29/2023 11:49 Page 26 of 39 Hudson -Walking -Paths - Project Historic Preservation General requirements Regulations under Section 106 of the National Historic Preservation Act (NHPA) require a consultative process to identify historic properties, assess project impacts on them, and avoid, minimize, or mitigate adverse effects Hudson, CO Legislation Section 106 of the 36 CFR 800 "Protection of Historic National Historic Properties" Preservation Act https://www.Rovinfo.gov/content/pkg/CF (16 U.S.C. 470f) R-2012-title36-vo13/pdf/CFR-2012-title36- vo13-part800.pdf 900000010325976 Threshold Is Section 106 review required for your project? No, because the project consists solely of activities listed as exempt in a Programmatic Agreement (PA ). (See the PA Database to find applicable PAs.) No, because the project consists solely of activities included in a No Potential to Cause Effects memo or other determination [36 CFR 800.3)a))1)[. ✓ Yes, because the project includes activities with potential to cause effects (direct or indirect). Step 1 — Initiate Consultation Select all consulting parties below (check all that apply): ✓ State Historic Preservation Offer (SHPO) Response Period Elapsed ✓ Indian Tribes, including Tribal Historic Preservation Officers (THPOs) or Native Hawaiian Organizations (NHOs) ✓ Apache Tribe of Oklahoma Completed ✓ Arapahoe Tribe of the Wind River Completed Reservation 08/29/2023 11:49 Page 27 of 39 Hudson -Walking -Paths - Project Hudson, CO 900000010325976 ✓ Cheyenne and Arapahoe Tribes, Completed Oklahoma ✓ Comanche Nation, Oklahoma Completed V Ft. Belknap Indian Community, Completed Montana ✓ Northern Cheyenne Tribe, Montana Completed Other Consulting Parties Describe the process of selecting consulting parties and initiating consultation here: * Followed guidance on Section 106 Reviews on History Colorado website * Submitted a letter to SHPO requesting a Section 106 review of the project through the Office's MovelT portal * Used HUD's Tribal Directory Assessment Tool to find tribes with interest in the area * Notified tribes by letter; emailed letters using contact info provided by TDAT * Project is taking place in the Town of Hudson. Consulted with the Town's Planning Director regarding local historic properties. No local historic district. Document and upload all correspondence, notices and notes (including comments and objections received below). Was the Section 106 Lender Delegation Memo used for Section 106 consultation? Yes No Step 2 — Identify and Evaluate Historic Properties 1. Define the Area of Potential Effect (APE), either by entering the address(es) or uploading a map depicting the APE below: The APE contains four properties abutting the north side of Colorado State Hwy. 52 between Fishing Pond Rd and Beech Street plus the residence on the SE corner of Hwy: 52 and Beech Street in Hudson, Colorado. Map of APE uploaded in the Summary Screen. In the chart below, list historic properties identified and evaluated in the APE. Every historic property that may be affected by the project should be included in the chart. Upload the documentation (survey forms, Register nominations, concurrence(s) and/or objection(s), notes, and photos) that justify your National Register Status determination 08/29/2023 11:49 Page 28 of 39 Hudson -Walking -Paths- Hudson, CO Project below. 900000010325976 Address / Location / District National Register Status SHPO Concurrence Sensitive Information Additional Notes: 905 Main Street, Hudson, CO 80642: SFR 1914, not on the National Register, not a sensitive site. 558 Beech Street, Hudson, CO 80642: SFR 1910, not on the National Register, not a sensitive site A search of the NEPAssist and History Colorado databases found neither of these properties listed as currently being on the National Register. A search of tax records showed that these are the only properties in APE 50+ years of age. 2. Was a survey of historic buildings and/or archeological sites done as part of the project? Yes ✓ No Step 3 —Assess Effects of the Project on Historic Properties Only properties that are listed on or eligible for the National Register of Historic Places receive further consideration under Section 106. Assess the effect(s) of the project by applying the Criteria of Adverse Effect. (36 CFR 800.5)] Consider direct and indirect effects as applicable as per guidance on direct and indirect effects. Choose one of the findings below - No Historic Properties Affected, No Adverse Effect, or Adverse Effect; and seek concurrence from consulting parties. ✓ No Historic Properties Affected Based on the response, the review is in compliance with this section. Document and upload concurrence(s) or objection(s) below. Document reason for finding: No historic properties present. ✓ Historic properties present, but project will have no effect upon them. No Adverse Effect 08/29/2023 11:49 Page 29 of 39 Hudson -Walking -Paths- Hudson, CO 900000010325976 Project Adverse Effect Screen Summary Compliance Determination Based on Section 106 consultation, there are No Historic Properties Affected because the project will have no effect on the historic properties that are present. The project is in compliance with Section 106. Determination of No Historic Properties Affected. This is a sidewalk project carried out in the public right of way. The project will have no effect on the historic properties as it will in no way alter any characteristics that may qualify the property for inclusion in the National Register of Historic Places. NEPAssist Map showing no National Register of Historic Places properties in project location 2.20.23 Consulted History Colorado's website to search for properties on the National Register of Historic Places 2.21.23 https://www.historycolorado.org/national-state-register-listed-properties Requested consultation with Native American Tribes with an interest in the project area 2.27.23. One comment received with no concerns. Requested consultation with Colorado SHPO 3.6.23 Supporting documentation RE Section 106 Request Hudson Walking Paths project.pdf RE Invitation to consult Hudson Walking Paths Project.pdf TDAT Report Weld County 22423 Updated.xlsx 22-4 Tribal Consultation Letter - Wetherelt.pdf 22-4 Tribal Consultation Letter - Wassana.pdf 22-4 Tribal Consultation Letter - Stiffarm.pdf 22-4 Tribal Consultation Letter - Spoonhunter.pdf 22-4 Tribal Consultation Letter - Ridgley(1).pdf 22-4 Tribal Consultation Letter - Ridgley.pdf 22-4 Tribal Consultation Letter - Minthorn.pdf 22-4 Tribal Consultation Letter - Limpy.pdf 22-4 Tribal Consultation Letter - Cooper.pdf 22-4 Tribal Consultation Letter - Blackwolf.pdf 22-4 Tribal Consultation Letter - Bear.pdf SHPO Consultation letter Hudson Walking Paths.pdf 22-4 APE map.pdf Are formal compliance steps or mitigation required? Yes ir No 08/29/2023 11:49 Page 30 of 39 Hudson -Walking -Paths- Hudson, CO 900000010325976 Project 08/29/2023 11:49 Page 31 of 39 Hudson -Walking -Paths - Project Noise Abatement and Control General requirements HUD's noise regulations protect residential properties from excessive noise exposure. HUD encourages mitigation as appropriate. 1. Hudson, CO Legislation Noise Control Act of 1972 General Services Administration Federal Management Circular 75-2: "Compatible Land Uses at Federal Airfields" 900000010325976 Regulation What activities does your project involve? Check all that apply: New construction for residential use Rehabilitation of an existing residential property A research demonstration project which does not result in new construction or reconstruction An interstate land sales registration Any timely emergency assistance under disaster assistance provision or appropriations which are provided to save lives, protect property, protect public health and safety, remove debris and wreckage, or assistance that has the effect of restoring facilities substantially as they existed prior to the disaster ✓ None of the above Screen Summary Compliance Determination Based on the project description, this project includes no activities that would require further evaluation under HUD's noise regulation. The project is in compliance with HUD's Noise regulation. Supporting documentation Are formal compliance steps or mitigation required? Yes 08/29/2023 11:49 Page 32 of 39 Hudson -Walking -Paths- Hudson, CO 900000010325976 Project ✓ No 08/29/2023 11:49 Page 33 of 39 Hudson -Walking -Paths- Hudson, CO 900000010325976 Project Sole Source Aquifers General requirements Legislation Regulation The Safe Drinking Water Act of 1974 protects drinking water systems which are the sole or principal drinking water source for an area and which, if contaminated, would create a significant hazard to public health. Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300f et seq., and 21 U.S.C. 349) 40 CFR Part 149 1. Does the project consist solely of acquisition, leasing, or rehabilitation of an existing building(s)? Yes ✓ No 2. Is the project located on a sole source aquifer (SSA)? A sole source aquifer is defined as an aquifer that supplies at least 50 percent of the drinking water consumed in the area overlying the aquifer. This includes streamflow source areas, which are upstream areas of losing streams that flow into the recharge area. ✓ No Based on the response, the review is in compliance with this section. Document and upload documentation used to make your determination, such as a map of your project (or jurisdiction, if appropriate) in relation to the nearest SSA and its source area, below. Yes Screen Summary Compliance Determination The project is not located on a sole source aquifer area. The project is in compliance with Sole Source Aquifer requirements. Sole source aquifer map dated 8/14/23 08/29/2023 11:49 Page 34 of 39 Hudson -Walking -Paths- Hudson, CO 900000010325976 Project Supporting documentation 22-4 Sole Source Aquifers.pdf Are formal compliance steps or mitigation required? Yes ✓ No 08/29/2023 11:49 Page 35 of 39 Hudson -Walking -Paths - Project Wetlands Protection General requirements Legislation Regulation Executive Order 11990 discourages direct or Executive Order 24 CFR 55.20 can be indirect support of new construction impacting 11990 used for general wetlands wherever there is a practicable guidance regarding alternative. The Fish and Wildlife Service's the 8 Step Process. National Wetlands Inventory can be used as a primary screening tool, but observed or known wetlands not indicated on NWI maps must also be processed Off -site impacts that result in draining, impounding, or destroying wetlands must also be processed. Hudson, CO 900000010325976 1. Does this project involve new construction as defined in Executive Order 11990, expansion of a building's footprint, or ground disturbance? The term "new construction" shall include draining, dredging, channelizing, filling, diking, impounding, and related activities and any structures or facilities begun or authorized after the effective date of the Order No ✓ Yes 2. Will the new construction or other ground disturbance impact an on- or off -site wetland? The term "wetlands" means those areas that are inundated by surface or ground water with a frequency sufficient to support, and under normal circumstances does or would support, a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds. "Wetlands under E.O. 11990 include isolated and non -jurisdictional wetlands." ✓ No, a wetland will not be impacted in terms of E.O. 11990's definition of new construction. Based on the response, the review is in compliance with this section. Document and upload a map or any other relevant documentation below which explains your determination Yes, there is a wetland that be impacted in terms of E.O. 11990's definition of new construction. Screen Summary 08/29/2023 11:49 Page 36 of 39 Hudson -Walking -Paths - Project Hudson, CO 900000010325976 Compliance Determination The project will not impact on- or off -site wetlands. The project is in compliance with Executive Order 11990. NWI Wetlands map dated 8/14/23 Supporting documentation 22-4 NWI Wetlands map.pdf Are formal compliance steps or mitigation required? Yes ✓ No 08/29/2023 11:49 Page 37 of 39 Hudson -Walking -Paths - Project Wild and Scenic Rivers Act General requirements The Wild and Scenic Rivers Act provides federal protection for certain free -flowing, wild, scenic and recreational rivers designated as components or potential components of the National Wild and Scenic Rivers System (NWSRS) from the effects of construction or development. Hudson, CO 900000010325976 Legislation Regulation The Wild and Scenic Rivers 36 CFR Part 297 Act (16 U.S.C. 1271-1287), particularly section 7(b) and (c) (16 U.S.C. 1278(b) and (c)) 1. Is your project within proximity of a NWSRS river? ✓ No Yes, the project is in proximity of a Designated Wild and Scenic River or Study Wild and Scenic River. Yes, the project is in proximity of a Nationwide Rivers Inventory (NRI) River. Screen Summary Compliance Determination This project is not within proximity of a NWSRS river. The project is in compliance with the Wild and Scenic Rivers Act. NWSRS map 8/17/23 List of Wild and Scenic Rivers currently under study 7/21/23 Supporting documentation 22-4 Wild and Scenic Rivers map Colorado.pdf NWSRS Rivers Currently Under Study.pdf Are formal compliance steps or mitigation required? Yes ✓ No 08/29/2023 11:49 Page 38 of 39 Hudson -Walking -Paths- Hudson, CO Project Environmental Justice General requirements Determine if the project creates adverse environmental impacts upon a low-income or minority community. If it does, engage the community in meaningful participation about mitigating the impacts or move the project. Legislation Executive Order 12898 900000010325976 HUD strongly encourages starting the Environmental Justice analysis only after all other laws and authorities, including Environmental Assessment factors if necessary, have been completed. 1. Were any adverse environmental impacts identified in any other compliance review portion of this project's total environmental review? Yes ✓ No Based on the response, the review is in compliance with this section. Screen Summary Compliance Determination No adverse environmental impacts were identified in the project's total environmental review. The project is in compliance with Executive Order 12898. EPA EJ map 8/17/23 Supporting documentation 22-4 Environmental Justice map.pdf Are formal compliance steps or mitigation required? Yes ✓ No 08/29/2023 11:49 Page 39 of 39 Hello