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
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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:
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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
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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
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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
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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
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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
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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
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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.
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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)]:
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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)]:
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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✓ 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
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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
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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
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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
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✓ No
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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
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Supporting documentation
22-4 Sole Source Aquifers.pdf
Are formal compliance steps or mitigation required?
Yes
✓ No
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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
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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
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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
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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
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