HomeMy WebLinkAbout20230263.tiffRESOLUTION
RE: APPROVE PROGRAMMATIC AGREEMENT CONCERNING ENVIRONMENTAL
REVIEW PROCESS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
HOUSING ACTIVITIES, AND ADMINISTRATION OF U.S. DEPARTMENT OF URBAN
DEVELOPMENT (HUD) PROGRAM FUNDS, AND AUTHORIZE CHAIR TO SIGN -
TOWN OF FIRESTONE, AND COLORADO STATE HISTORIC PRESERVATION
OFFICER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Programmatic Agreement Concerning
the Environmental Review Process for Community Development Block Grant (CDBG) Housing
Activities, and Administration of U.S. Department of Urban Housing and Development (HUD)
Program Funds among the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Finance and
Administration, the Town of Firestone, and the Colorado State Historic Preservation Officer,
commencing upon full execution of signatures, with further terms and conditions being as stated
in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Programmatic Agreement Concerning the Environmental
Review Process for Community Development Block Grant (CDBG) Housing Activities, and
Administration of U.S. Department of Urban Housing and Development (HUD) Program Funds
among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Finance and Administration, the
Town of Firestone, and the Colorado State Historic Preservation Officer, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
CC'. CD8G (ER/cK)
03/21/23
2023-0263
FI0078
PROGRAMMATIC AGREEMENT CONCERNING ENVIRONMENTAL REVIEW PROCESS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING ACTIVITIES, AND
ADMINISTRATION OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) PROGRAM FUNDS - TOWN OF FIRESTONE, AND COLORADO STATE HISTORIC
PRESERVATION OFFICER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of January, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: day...O w ;,1
Weld County Clerk to the Board
BY:
AP
County ttorney
Date of signature: O( /30/2
Mike Freeman, Chair
EXCUSED
Perry L. Buck, Pro-Tem
Scott K. J
,24---- c----;
am
evin D. Ross
EXCUSED
Lori Saine
2023-0263
FI0078
,0,4•,•‘>49,4-
FIRESTONECO
LORADO
WELD COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
PROGRAMMATIC AGREEMENT
By and Between:
WELD COUNTY, COLORADO
THE
TOWN OF FIRESTONE, COLORADO
AND THE
COLORADO STATE HISTORIC PRESERVATION OFFICER
Regarding the Administration of
U.S. Department of Housing & Urban Development Programs
January 2023
020,3 - 0.26, 3
Programmatic Agreement by and Between
The County of Weld, Colorado
the
The Town of Firestone, Colorado
and
The Colorado State Historic Preservation Officer
Regarding the Administration of
U.S. Department of Housing & Urban Development Programs
This Programmatic Agreement ("Agreement") is made this _day of ____, 2023, by and among
the County of Weld, Colorado ("County"), the Town of Firestone, Colorado ("Town"), and the
Colorado State Historic Preservation Officer ("SHPO").
WHEREAS, the U.S Department of Housing and Urban Development ("HUD") provides formula
grant funding to cities and counties in Colorado and to the State of Colorado; and
WHEREAS, the County is an Entitlement Community and receives funding from the HUD's
programs and the Town is a sub -recipient; and
WHEREAS, due to its acceptance of federal environmental review responsibility, in
accordance with Section 104(g) of the Housing and Community Development Act of 1974 [(42
U.S.C. 5304(g)], the County has assumed federal agency responsibility for compliance with
Section 106 of the National Historic Preservation Act of 1966, as amended [(54 U.S.C. 100101 et
seq.) (Section 106)]; and
WHEREAS, the County now, or in the future, administers HUD grant programs which include
but are not limited to, the following program ("HUD Programs"):
Page 2 of 12
Community Development Block Grant ("CDBG")
WHEREAS, the County and the Town has determined implementation of the HUD Programs
may include housing activities such as minor rehabilitation (multiple undertakings), energy
efficiency retrofits, weatherization, emergency home repairs, demolition and new construction,
which may have an effect on properties included in or eligible for inclusion in the National
Register of Historic Places ("Historic Properties"); and
WHEREAS, the County has determined that certain activities funded by the HUD Programs
have limited potential to affect Historic Properties and have consulted with the SHPO and the
Advisory Council on Historic Preservation (ACHP) pursuant to 36 C.F.R. 800.14 of the regulations
implementing Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470f); and
WHEREAS, the County acknowledges the importance of compliance with 36 C.F.R. Part 800
regarding mandatory consulting and has implemented policies and procedures regarding such
consultation with the SHPO; and
WHEREAS, pursuant to 36 C.F.R. 800.14(b) the County notified the ACHP of its intentions to
enter into a programmatic agreement and submit this Agreement for review and consultation.
The ACHP responded on December 9, 2022 that they did not believe their participation in the
Section 106 process for this Programmatic Agreement was needed; and
WHEREAS, pursuant to 36 C.F.R. 800.14(b) November 23, 2022, the County consulted with the
appropriate Tribal contacts regarding this Agreement. Athirty (30) day comment period was given
for any comments regarding the Agreement. The County received no comments. The County shall
consult with Indian Tribes that attach traditional religious and cultural significance to historic
properties that may be affected by the County and the Town undertakings. The County recognizes
the unique legal and political relationship the United States Government has with federally
recognized Indian Tribes, including government -to -government relationships, and consultation
responsibilities as set forth in 36 C.F.R. Part 800, et al.
NOW, THEREFORE, the County, the Town, and the SHPO agree that HUD Programs shall be
administered in accordance with the following stipulations to satisfy the Section 106
responsibilities of the County, Town, and HUD.
Page 3 of 12
STIPULATIONS
EXEMPTED AND NON -EXEMPTED ACTIVITIES
A. Exempted Activities Not Requiring Review
The following proposed undertakings have limited potential to affect historic properties and
may be approved by the County and/or HUD without further consultation with the SHPO,
Indian Tribes, or the ACHP.
Deteriorated historic features will be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature will match the
old in design, color, texture and, where possible, materials.
1. General
a. Projects on buildings less than fifty (50) years old;
b. Projects on buildings fifty years or older but that have been determined by
the SHPO within the past five years (as of the date listed above) as not
eligible for the National Register of Historic Places;
c. Projects not affecting the exterior of a building or site work located in listed
or determined National Register -eligible historic districts will follow
consultation stipulated in 36 CFR 800.
d. Refinancing; or
e. Leasing without rehabilitation or construction.
2. Site Work (In the event of discovery of historic or prehistoric archaeological
resources during ground disturbing activities, work should stop immediately and
shall not recommence until consultation with the SHPO is completed)
a. Installation or in -kind repair of retaining walls, driveways, curbs and gutters,
and parking areas. However, repair of existing rock retaining walls is not an
exempt undertaking.
b. Installation or in -kind repair/replacement of brick or stone sidewalks and
alleys.
c. In -kind repair/replacement of site improvements, including but not limited
to, fences, retaining walls, landscaping and steps not attached to any
building.
d. Installation, repair or replacement of gas, sanitary and storm sewer, water,
electrical, cable or underground utilities within previously developed land
and public right-of-way.
e. Installation, repair or replacement of park and playground equipment,
excluding buildings.
Page 4 of 12
f. Installation of temporary construction -related structures such as scaffolding,
screening, fences, protective walkways or dust hazard containment
enclosures.
g. Installation or repair of streets, curb, gutter, and sidewalks within public
right-of-way.
h. Shallow ground disturbance of previously disturbed soil to a depth of twelve
(12) inches or less, over one (1) acre or less (i.e. landscaping).
i. Removal and disposal of superficial on -site abandoned debris and personal
property less than fifty (50) years old.
j. Site clean-up including trimming trees or other plantings and planting native
grasses, shrubs, bushes, and trees, provided such activity does not change
the characteristic size or shape of the tree(s) or planting(s), and replacement
of dead trees or other plantings with in -kind species.
k. Projects involving underground utilities installed by plow on, or immediately
parallel to, the previously disturbed road or highway right -of- way where the
cable, pipe or line will:
i. Be on or within five (5) feet of the edge of the right-of-way;
ii. Be in cultivated land, or in open areas where no tree clearing is
needed; and
iii. Not affect wetlands, rock outcroppings or human constructions such
as stone walls.
I. Placement of transformers, utility pedestals, or water meters immediately
adjacent to installed utility lines.
m. Decommissioning, plugging and infilling abandoned wells, shafts, and
basements when the backfilling does not remove or destroy supporting walls
or character defining elements. The feature should be filled but not
obliterated. Structural characteristics such as well houses and support walls
should be preserved.
n. Temporary installation of water, sewer or gas lines on the surface of the
ground.
o. Construction of new ancillary facilities adjacent or appurtenant to existing
above -ground facilities constructed for replacement of water wells.
p. Repair or reconstruction of above -ground water storage facilities not
involving modification in height or new ground disturbance for the
installation of footings or foundation pads.
q. Test Holes and Wells - soil borings and associated tests or drilling exploratory
test wells that do not require a temporary or permanent new access road to
a site and would not occur on previously undisturbed soils.
Page 5 of 12
r. In -kind repair or replacement of hardscaping such as paving, driveways,
parking lots, walkways, planters, trellises, irrigation systems, and lighting
following the existing or historic configuration and with in -kind material.
s. In -kind repair or replacement of fencing and other freestanding exterior
walls not 50 -years old or older.
t. Resurfacing of recreational facilities (e.g. tennis courts, basketball courts or
street hockey arenas).
u. Upgrading existing telecommunications towers where no height increases
are proposed and where the same or substantially equivalent support
structure will be utilized at the existing tower location.
v. Repair or replacement of existing wires, anchors, cross -arms and other
miscellaneous hardware on existing overhead lines, and of existing poles
when conducted at or immediately adjacent to the old pole locations.
w. Relocation of existing overhead lines or cables resulting from highway
reconstruction or improvement adjacent to the new highway easement.
x. Repair or replacement of subsurface water, sewer, natural gas, electric or
telecommunications lines within previously road right-of-way or utility
corridors. However, this does not include water and sewer lines over 50 -
years old.
y. Modifications to existing water, sewer, natural gas distribution, electric or
telecommunication facilities where no new above -ground structures are
involved and the area where such modifications will occur has bee
substantially disturbed. However, this does not include water and sewer lines
over 50 -years old.
z. Repair of existing mechanical or electrical systems if no alterations of
character defining features are required in the work plan and the work
follows existing pathways. Installation of mechanical equipment which does
not affect the exterior of the building or the required installation on new
duct work through the interior. Plumbing work limited to upgrading or in -
kind replacement. In the case of new plumbing, work shall be situated within
existing stud and joist cavities.
3. Exterior Rehabilitation
a. Installation of exterior storm windows and storm doors, provided they
conform to the shape and size of the historic windows and doors, and the
meeting rails of storm windows coincide with that of the existing sash.
b. Removal of exterior paint by non-destructive means, provided the removal
method on buildings and components is consistent with the provisions of the
HUD Office of Healthy Homes and Lead Hazard Control (see 24 CFR Part 35)
and the Environmental Protection Agency (EPA) Lead- Based Paint
Renovation, Repair and Painting Program- RRP (40 CFR Part 745).
Page 6of12
c. Application of exterior paint and caulking other than on previously unpainted
masonry.
d. All lead -based paint abatement or mitigation not involving the removal or
alteration of exterior features and/or windows.
e. Repair or partial in -kind replacement (or adding of matching, in -kind
elements for safety/code requirements) of existing porch elements such as
columns, flooring, floor joists, ceilings, railings, balusters and balustrades,
and lattice.
f. Maintenance, repair, strengthening, and in -kind replacement to code of
roofing shingles, roof cladding and sheeting, gutters, downspouts and soffits
with no change in roof pitch or configuration.
Weatherizing of historic doors and windows, including caulking, insulation
and weather stripping of existing frames, and installation of clear glass in
historic sashes.
g.
h. Placement and installation of exterior HVAC mechanical units, vents, and
exterior electrical and plumbing modifications not on the front elevation of
the building.
i. Installation, replacement or repair of basement bulkhead doors.
j•
Installation of additional decorative or security lights, or other security
fixtures (e.g. sensors, alarms) as long as the installation does not damage
historic material.
k. Securing or mothballing a property by boarding over window and door
openings, making temporary roof repairs and/or ventilating the building.'
I. Testing for removal of any hazardous materials, such as lead paint and
asbestos, provided it does not involve the removal or destruction of
character -defining features.
m. Construction of temporary wooden ramps to one entrance of a given
structure. The ramps shall not be attached to the selected building; and the
ramps shall not damage the existing material.
n. Installation of wheelchair ramps on secondary elevations meeting code as
long as the ramps can be easily removed and are not permanently affixed to
the building. Stairs and railings may not be removed to construct a ramp.
o. Installation of accessibility tools such as railings and grab bars as long as they
can be easily removed and are not permanently affixed to the building.
p. Strengthening of foundations and the addition of foundation bolts, provided
1 See the National Park Service publication "Preservation Brief 31: Mothballing Historic Buildings" by Sharon C.
Park, AIA, September 1993, ISSN: 0885-7016.
Page 7 of 12
q.
the visible new work is in -kind.
Power washing of exterior features if performed at no more than 600 psi
with mild detergent. Refer to national Park Service (NPS) "Preservation Brief
#6: Dangers of Abrasive Cleaning to Historic Buildings".
r. Installation of ridge vents or louver type soffit vents, provided existing styles,
dimensions, materials, colors and sheens are maintained.
s. Fascia/soffit repair or replacements when the new fascia/soffit will be of the
same dimensions, configuration, design and material as the original.
t. In -kind repair or reconstruction of concrete/masonry walls, parapets,
fireplaces, chimneys or cornices including comparable brick and mortar that
matches the color, strength, content, rake and joint width. Bracing and
reinforcing of chimneys and fireplaces, provided the bracing and reinforcing
are either concealed from exterior view or removable in the future.
In -kind repair or partial in -kind replacement of porches, cornices, exterior
siding, doors, balustrades, stairs, or other trim when the repair and
replacement is done to closely match existing material and design.
v. In -kind repair or historic door and window hardware.
w. Installation of wood storm windows and doors that match the dimensions
and arrangement of the lines of the primary sashes and/or doors.
Installation of security devices such as dead bolts, door locks, window latches
and door peepholes.
y. Repair of existing, deteriorated materials with sound material of like species,
grade, dimension, composition, and finish in a manner which duplicates the
existing design of the deteriorated feature.
z. Repainting painted surfaces with chemically compatible paint in the historic
colors.
4. Interior Rehabilitation
a. Installation, replacement, upgrade or repair of plumbing (including non -
historic bath and kitchen fixtures, cabinetry and appliances), HVAC systems
and units, electrical and fire protection systems, provided no structural
alterations are involved.
b. Repair or partial in -kind replacement of historical interior surface treatment
such as floors, walls, ceilings, plaster and woodwork. If covering historic
features, such as wood floors, carpet and other flooring shall be installed in a
reversible manner (i.e. tacking or with an underlayment so historic floors
shall not be irreversibly damaged).
c. Blown in installation in ceilings, walls, and attic spaces, or interior insulation
of basement or crawlspace areas.
Page 8 of 12
j•
d. Restroom/bathroom improvements for accessibility, including doorways,
provided the work is contained within the existing restroom/bathroom walls.
e. Installation or repair of concrete basement floor in an existing basement.
f. Structural repairs to sustain the existing structure that does not alter the
existing building configuration.
g. Lead, asbestos, or other hazardous material abatement, remediation or
mitigation that does not involve removal or alteration of interior historic
features.
h. Widening of existing interior doorways for accessibility.
Correcting structural deficiencies in basements, crawl spaces, and beneath
porches and decks.
Interior lead -based paint abatement when it is limited to washing, scraping
and repainting, wallpapering and chemical stripping of lead -painted surfaces.
The installation of new window jambs or jamb liners, installation of metal
panning in window wells and the replacement of non -significant flat stock
trim. Exterior lead -based paint abatement which includes scraping and
repainting of exterior wood and masonry surfaces.
k. Installation of grab bars and other minor interior modifications for disabled
accessibility.
Replacement of in -kind insulation systems, provided that decorative interior
plaster, woodwork, or exterior siding is not altered. Installation of insulation
in the attic, basement, crawl space, under floor, in walls, and around pipes
and ducts in such cases where the installation can be accomplished without
permanent visual changes to the character defining features of the exterior
or interior. Refer to NPS "Preservation Bulletin #3: Conserving Energy in
Historic Buildings".
m. Repairing, replacing, retaining, preserving, protecting or maintaining the in -
kind materials or features of historic interior floors, walls, ceilings, stairs,
plaster and wallboard; floor refinishing and the replacement of non -historic
flooring materials.
n. Repairing and retaining non -significant interior historic trim including
moldings, doors, baseboards, chair rails, wainscoting, paneling, cornice trim,
fireplace mantels, stair balusters, newel posts, window and door casings and
other decorative features or replacement of non -significant flat stock trim.
o. Repair, replacement and installation of the following systems, provided such
work does not affect the exterior of the building or require the installation of
new ducts throughout the interior: electrical work, plumbing pipes and
fixtures; HVAC system improvements; installation of fire and smoke
detectors; fire suppression (i.e. security alarm systems, ventilation systems,
furnaces and water heaters); and bathroom improvements where work is
Page 9 of 12
contained within the existing building.
5. Loan Making and Servicing Activities
a. The legal transfer of ownership between private parties through acquisition,
sale, transfer, and/or assumption of an existing property where no physical
improvements or change in use is proposed or is reasonably foreseeable.
b. Technical assistance or predevelopment grants provided the services will not
result in an adverse effect on a property listed in, or eligible for, listing to the
National Register of Historic Places. These grants are typically used for
planning, feasibility studies, engineering studies, environmental reviews,
managing and other service types of assistance. These programs involve no
construction or real property acquisition.
c. Intermediary relending programs to intermediary lenders.
d. Loans or grants not involving any construction. These types of activities
include loans and grants for equipment, working capital, debt restructure,
emergency vehicles, motor vehicles and/or servicing activities.
e. Project management activities relating to invitations for bids and contract
awards.
f. Project management of construct ion activities.
g.
Additional financial assistance that does not alter the purpose, operation,
location or design of an approved project.
B. Non -Exempted Activities Requiring Review
All activities not identified in STIPULATIONS —Section A of this Agreement must be reviewed
in accordance with 36 CFR Part 800.
C. Resolution of Adverse Effects
Unless an undertaking is exempted as set forth in Section A of this Agreement, the City shall
consult with the SHPO to evaluate alternatives or modifications to the undertaking that
could avoid, minimize or mitigate adverse effects on historic properties pursuant to 36
C.F.R. 800.6(a). The City shall also consult Indian Tribes that attach traditional religions and
cultural significance to historic properties that may be affected by the undertakings.
D. Annual Report
By January 31st of each year under this Agreement, the County will file a report on projects
completed in the previous year to the SHPO which will include project addresses, year built,
nature of the work, and referencing the appropriate exempted activity as detailed in
STIPULATIONS —Section A of this agreement.
DISCOVERIES AND UNFORESEEN EVENTS
If, during the implementation of the programs, a previously unidentified property that may be
eligible for inclusion in the National Register is encountered, or a known National Register
Page 10 of 12
historic property maybe affected in an unanticipated manner, the County will assume
responsibilities pursuant to 36 C.F.R. Part 800.13(b).
AMENDMENTS
Any party may request to amend this Agreement, whereupon the County will consult with the
other interested parties in accordance with 36 C.F.R. Part 800.14(b) to consider an amendment.
Amendments will only be considered if made in writing and must be approved in writing by all
parties to this Agreement to go into effect.
TERMINATION
Any parry to this Agreement may terminate its participation by providing thirty (30) days
written notice to all other parties. in the event of termination, the terminating party will comply
with 36 C.F.R. Part 800.3 through 800.7 with respect to individual undertakings covered by this
Agreement. This Agreement will be binding on all parties upon the date of its signatures and
shall be in force fora term of five (5) years thereafter, unless the parties agree to extend it in
accordance to the AMENDMENTS section above.
NOTIFICATION
Notification or other communication between parties to this Agreement should be made in
care of the addresses provided in Exhibit A.
EXECUTION AND IMPLEMENTATION
This Agreement evidences the County and the SHPO have satisfied their responsibilities under
Section 106 for undertakings funded by the HUD programs. This Agreement may be executed in
counterpart.
Signed:
COLOJA0O. ATE RIC PRESERVATION OFFICE
/ Date: March 10, 2023
By: •
Printed Name anTitle:
Patrick Aaron Eidman, Deputy Colorado State Historic Preservation Officer
Page 11 of 12
cpu
COLORADO
By: Q i Date: 01/23/2023
Mike Freeman, Chair, Board of County Commissioners
Approvs to form,
By:
Attest: a County Clerk to the
By:
TOWN of FIR •• oroe, cca RADO
Date: 01/23/2023
01/23/2023
By: .,.,., Date: //it 40.3
Drew Peterson, Mayor
Approved as to f
By. a Date: 0/4teDa .
William P. Hayashi, Town Ar
Attest:
Date: //:///
Kristi K. ashor, CMC Town Clerk
Page 12 of 12
RESOLUTION NO. 23-01
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, APPROVING THE PROGRAMMATIC AGREEMENT BETWEEN
WELD COUNTY THE TOWN OF FIRESTONE AND THE COLORADO STATE
HISTORIC PRESERVATION OFFICER REGARDING THE WELD COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, Weld County as a recipient and the Town of Firestone as a sub -recipient of
Weld County Housing and Urban Development ("HUD") Community Development Block Grant
("CDBG") funds are subject to the requirements of Section 106 of the National Historic
Preservation Act of 1966, ("Act") as amended and the regulations pursuant to 36C.F.R. 800.14
implementing the Act, which includes protections for federally recognized tribes; and
WHEREAS, Weld County and the Town of Firestone have determined that the Parties
CDBG Minor Rehabilitation Program may affect Historic Properties subject to the Act and its
Regulations; and
WHEREAS Weld County and the Town of Firestone have consulted with the Federal
Advisory Council on Historic Preservation and agreed to enter into a Programmatic Agreement
with the Colorado State Historic Preservation Officer to ensure that the CDBG Minor
Rehabilitation Program will be administered in compliance with the Act and its Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Programmatic Agreement by and between the County of Weld, Colorado the Town of
Firestone, Colorado and the Colorado State Historic Preservation Officer Regarding the
Administration of U.S. Department of Housing & Urban Development Programs is approved in
substantially the same form as the copy attached hereto and made a part of this Resolution and the
Mayor is authorized to execute the Agreement on behalf of the Town.
INTRODUCED, READ AND ADOPTED this I(' ay of 3anc(ury , 2023.
ATTEST:
TO : FIRES/ i NE, COLORADO
Drew Alan Peterson, Mayor
APPROVE I • S TO F
Kri'sti K. Bashor, '1 own Clerk William P. Hayashi, To Attorney
PUBLIC NOTICE ON A PROGRAMMATIC AGREEMENT BETWEEN WELD COUNTY,
THE TOWN OF FIRESTONE, AND THE COLORADO STATE HISTORIC PRESERVATION
OFFICER FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDED
HOUSING ACTIVITIES
Weld County is seeking public comment on a National Historic Preservation Act Section
106 Programmatic Agreement between the County, the Town of Firestone and the Colorado State
Historic Preservation Officer (SHPO) that will establish a tailored review process for the County
to utilize when determining project effects on historic properties for undertakings involving housing
activities. These housing activities may include minor rehabilitation (multiple undertakings),
energy efficiency retrofits, weatherization, emergency home repairs, demolition and new
construction, which may have an effect on buildings or structures fifty years old or older funded
through the Weld County CDBG Program.
Section 106 of the National Historic Preservation Act requires consideration of project
effects on historic properties — which are buildings, sites, objects, structures, and districts with
local, state, or national historic significance — prior to project implementation. Programmatic
Agreements allow for modification of the Section 106 consultation process to allow for a
streamlined review when the project scope and scale warrants a standardized approach.
For more information on the Section 106 process and the role of the public visit the
Advisory Council on Historic Preservation website (https://www.achp.gov/section-106-
quicklinks).
Written comments are welcome and must be received by 5:00 p.m., December 24, 2022.
Comments can be mailed to the Office of the Clerk to the Board, 1150 O Street, Greeley,
Colorado 80631, or emailed to cmartinl weldgov.com. All comments will be considered.
Copies of the draft Agreement are at available for public view at:
https://www.weldgov. com/Government/County-Programs/Community-Development-Block-Grant
or at the Office of the Clerk to the Board, 1150 O Street, Greeley, Colorado 80631, during regular
office hours.
Cynthia Martin, Weld County CDBG Analyst
Dated: November 21, 2022
Published: November 23, 2022, in the Greeley Tribune
PUBUC NOTICE ON A PROGRAMMATN: AGREEMENT
BB1= WELD COUNTY, THE TOWN OF FlRESTONE,
AND THE COLORADO STATE HISTORIC PRESERYATKIN
OFFICER FOR COMMUNtrT DEVMM.OPMENT BLOCK
GRANT (CDBG) FUNDED HOUSING ACTIYRIES
Weld County is seeking public comment on a National His-
toric Preservation Act Section 106 Programmatic Agreement be-
tween the County .the Town of Firestone and the Colorado State
Historic Preservation_ Officer (SHPO) that will establish a ail -
or
5:00„ p.m., Decembe
Office of the Clerk h
80631, or emailed tt
be considered.
Copies of the i
view at: https
Proggrams/Commons
of the Clerk to the 8�
Eduring reNe ular office
Cynthia Martin, Welt
trvember 21,
P�drl ed: Novembe
gs), energy effigy
home repairs, dem
an effect on builds
unded through the
National Historic Preservation Act re -
project effects on historic properties -
i o jests, structures, and districts with
histonc significance - prior to protect im-
Imatic Agreements allow for modification
nultation process to allow for a stream•
project scope and scale warrants astand-
nd the
s8
tit aze at available for public
ov.com/Govem ment/County
nt-6loct rant or atthe Office
street, Greeley, Colorado 60631,
ty COW Analyst
3.2022, in the Greeley Tribune- 1937501
Prairie Mountain Media, LLC
PUBLISHER'S AFFIDAVIT
County of Weld
State of Colorado
The undersigned, Agent . being first duly sworn
under oath, states and affirms as follows:
1. He/she is the legal Advertising Reviewer of
Prairie Mountain Media LLC, publisher of the
Greeley Tribune.
2. The Greeley Tribune is a newspaper
of general circulation that has been published
continuously and without interruption for at least
fifty-two weeks In Weld County and
meets the legal requisites fora legal newspaper
under Colo. Rev. Stat. 24-70-103.
3. The notice that is attached hereto is a true copy,
published in the Greeley Tribune
in Weld County on the following date(s):
Nov 23. 2022
Subscribed and sworn to me before me this 1 J day Nowtin
Notary Public
(SEAL)
SHAYLA NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174031965
MY COMMISSION EXPIRES July 31, 2025
Account:
Ad Number:
Fee:
1099690
1937501
$21.00
PROGRAMMATIC AGREEMENT FOR ENVIRONMENTAL REVIEW FOR HOUSING AND
URBAN DEVELOPMENT (HUD) REHABILITATION PROGRAM FUNDING - TOWN OF
FIRESTONE, AND COLORADO STATE HISTORIC PRESERVATION OFFICER
APPROVED AS TO SUBSTANCE:
Electe fficial, Departfxient Head, or Deputy Department Head
APPROVED AS TO FUNDING:
0,94 kilo0
Chief Financial Officer, or Controller
APPROVED AS TO FORM:
Z/1,11
unty At orney
History Colorado
29 November 2022 HC #82291
Cynthia Martin
CDBG Analyst
Weld County CDBG Program
1150 'O' St.
P.O. Box 758
Greeley, CO 80632
RE: Proposed Programmatic Agreement for CDBG-Funded Activities in the Town of Firestone,
Weld County
Dear M. Martin:
Thank you for your recent correspondence received 22 November 2022, concerning a proposed
Programmatic Agreement between our office, the Town of Firestone, and Weld County (acting
on behalf of the Department of Housing and Urban Development). Our office has reviewed the
draft copy of the proposed Agreement.
We recommend that the definition of "in -kind replacement" (as stated in Stipulation A) be
changed to reflect the language used by the National Park Service for the Secretary of the
Interior's Standards for Rehabilitation:
Deteriorated historic features will be repaired rather than replaced. Where the
severity of deterioration requires replacement of a distinctive feature, the new
feature will match the old in design, color, texture and, where possible, materials.
The language currently used for Stipulation A could potentially introduce 'in -kind' replacement
materials that do not meet the Standards, as there is no current definition for what constitutes
"technical advances in materials" nor "exceeding the durability, appearance, and function of
the original elements." For example, one could argue that a double -paned vinyl window would
thus be an in -kind replacement for a historic wood window under the definition provided, but
such a replacement would not meet the Standards.
You may also wish to extend the period of the Agreement from five years to ten years
("Termination"); however, we will also agree to the shorter period if desired by the County.
Finally, there appears to be a truncated sentence in Stipulation D ("Annual Report") as the
sentence in question is cut off by the end of the page, but is not carried forward onto the page
following.
HISTORY COLORADO 1 1200 BROADWAY I DENVER; CO 802031303-447-86791 HISTORYCOLORADO.ORG
Di
History Colorado
Thank you for giving our office the opportunity to review this first draft of the Agreement. We
look forward to working with you as this project moved forward. If you have any questions,
please contact Joseph Saldibar, Architectural Services Manager, at (303) 866-3741.
Sincerely,
Digitally signed by Patrick A. Eidman
Patrick A. [Id m a n
Dawn DiPrince
State Historic Preservation Officer
Date: 2022.1 1.30 13:54:31 -07'00'
HISTORY COLORADO 1 1200 BROADWAY I DENVER, CO 802031303-447-86791 HISTORYCOLORADO.ORG
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Mariah,
Esther Gesick
Wednesday, March 1, 2023 4:56 PM
Mariah Higgins
Cheryl Hoffman; Chloe White; Esther Gesick; Elizabeth Relford; Cynthia Martin
FW: Firestone_Weld_CO CDBG Programmatic agreement - Firestone Signed
NEED SIGNATURE Programmatic Agmt. Weld County & Colorado State Historic
Preservation Officer Weld County Community Development Block Grant Program
1-11-2023 -- Res 23-01.pdf; ID82291 11-29-22 Firestone PA.pdf; 20230263-CDBG
Programmatic Agreement with Firestone.pdf
Per Bruce's review and agreement, please pull the original version [#2023-0263], and provide to Cheryl so she can get
the attached version signed and swapped.
Thanks!
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758lGreeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Esther Gesick <egesick@weld.gov>
Sent: Wednesday, March 1, 2023 4:39 PM
To: Bruce Barker <bbarker@weldgov.com>
Cc: Elizabeth Relford <erelford@weldgov.com>; Esther Gesick <egesick@weld.gov>; Cynthia Martin
<cmartin@weldgov.com>; CTB <CTB@co.weld.co.us>
Subject: FW: Firestone_Weld_C0 CDBG Programmatic agreement - Firestone Signed
Hi Bruce,
Just following up on pending emails. Basically, need to know if you're ok with the content change as explained below
and if we can swap the documents.
Please advise.
Thanks,
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758/Greeley, CO 80632
1
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Esther Gesick <egesick@weld.gov>
Sent: Wednesday, February 22, 2023 3:13 PM
To: Elizabeth Relford <erelford@weldgov.com>; Bruce Barker <bbarker@weldgov.com>
Cc: CTB <CTB@co.weld.co.us>; Cynthia Martin <cmartin@weldgov.com>
Subject: FW: Firestone_Weld_CO CDBG Programmatic agreement - Firestone Signed
Hi Elizabeth,
Logistically this is not a problem, but I'll defer to Bruce's legal review. If he's good with the minor content corrections,
then I'll work with my team to get them swapped.
Bruce?
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758lGreeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Elizabeth Relford <erelford@weldgov.com>
Sent: Wednesday, February 22, 2023 2:41 PM
To: CTB <CTB@co.weld.co.us>
Cc: Bruce Barker <bbarker@weldgov.com>
Subject: FW: Firestone_Weld_CO CDBG Programmatic agreement - Firestone Signed
Hi Esther,
Please see Cynthia's email below. I am hoping we can swap out the version SHPO prefers dated 1-11-23 and signed by
Firestone for the one they originally sent us to be signed (20230263)? No significant content was changed, but more of a
housekeeping effort. Firestone did have the wrong chair identified in both versions, so I did modify our version when it
went before the Board, which means the 1-11-23 version would need to be modified for Mike's signature too. I am
hoping we can swamp out the 1-11-23 version with ours and get Mike's signature on this one for Tyler. Let me know
your preference on how you would like to proceed with this document.
Thank you,
Elizabeth Relford
Deputy Director
2
Weld County Public Works
1111 H Street
PO Box 758
Greeley, CO 80632-0758
Email: erelford@co. weld. co, us
Office: (970) 400- 3748
Cell: (970) 673-5836
Web: http://www.co.weld.co.us
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Cynthia Martin <cmartin@weldgov.com>
Sent: Wednesday, February 15, 2023 3:47 PM
To: Elizabeth Relford <erelford@weldgov.com>
Subject: FW: Firestone_Weld_CO CDBG Programmatic agreement - Firestone Signed
Elizabeth,
There were two errors on the programmatic agreement that was executed by the BOCC. It seems that the Town of
Firestone had signed the older draft before making the two changes that the SHPO asked for and I failed to notice before
passing it on for signature. The corrected agreement, signed by Firestone's Mayor is attached. The two changes are
relatively minor and did not require going before their Board of Trustees for amendment. Paula said she planned to run
it by the Town Attorney. And I am hoping we can do the same. Changes are to the definition of "in -kind replacement"
in Stipulation A (pg. 4) and finishing the truncated last sentence in Stipulation D (pg. 10). I'm for seeing if we can amend
this without going through the BOCC.
Let me know what you think.
Cynthia Martin, AICP
CDBG Analyst
Weld County CDBG Program
1111 H Street
Greeley, CO 80632
Phone: 970-400-4481
Cell: 970-573-1769
3
From: Paula Mehle <PMehle@FirestoneCO.gov>
Sent: Tuesday, February 14, 2023 11:40 AM
To: Cynthia Martin <cmartin@weldgov.com>
Subject: Firestone_Weld_CO CDBG Programmatic agreement - Firestone Signed
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hello Cynthia,
Please find attached the signed (revised) Programmatic Agreement. Please collect the Weld County signature and pass
on to the State as appropriate.
Kindly,
Paula Mehle, AICP
Town of Firestone I Director of Economic Development and Neighborhood Services
9950 Park Ave., Firestone, CO 80504
D 303-531-6265 I M 720-749-8517
pmehle@firestoneco.gov
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