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Home My WebLink About20220045.tiffNOTICE OF FINDING OF NO SIGNFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS December 29, 2021 Weld County 1150O 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 January 14, 2022, 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 Idaho Street Project for the purpose of infrastructures improvements to Idaho Street between 39th and 42nd Streets, Evans, Weld County, CO in the HUD funded amount $693,000. The total project cost is $1,486,848. 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 O 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://www.onecpd.info/environmental-review/environmental-review- records. PUBLIC COMMENTS Any individual, group, or agency may submit written comments on the ERR to the Weld County CDBG Program, 1150O Street, Greeley, CO 80632. All comments received by January 13, 2022, 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 Don Sandoval in his capacity as CDBG Manager, Weld County CDBG Program 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 C MK v n: Go.i- o n S 2022-0045 1 /1912 . FLO079 O79 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 Katy Burke, CPD Region VIII Director, at CPD COVID-19OEE-DEN(aD-hud.gov. Potential objectors should contact CPD COVID-19OEE-DEN(cD-hud.gov to verify the actual last day of the objection period. Don Sandoval, CDBG Manager, Weld County CDBG Program Dated: December 27, 2021 Published: December 29, 2021, in the Greeley Tribune NOTICE OF FINDING OF NO SIGNFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS December 19, 2021 Weld County 1150 O 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 January 3, 2022 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 I of the Housing and Community Development Act of 1974, as amended, to undertake a project known as the Idaho Street Project for the purpose of infrastructures improvements to Idaho Street between 39th and 42"d Streets, Evans, Weld County, CO in the HUD funded amount $693,000. 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 O 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://www.onecpd.info/environmental- review/environmental-review-records. PUBLIC COMMENTS Any individual, group, or agency may submit written comments on the ERR to the Weld County CDBG Program, 1150 O Street, Greeley, CO 80632. All comments received by January 2, 2022 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 Don Sandoval in his capacity as CDBG Manager, Weld County CDBG Program 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 submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to HUD CPD, Region VIII, Denver at 1670 Broadway Street, Denver, CO 80202. Potential objectors should contact HUD to verify the actual last day of the objection period. Don Sandoval, CDBG Manager, Weld County CDBG Program U.S. Department of Housing and Urban Development 451 Seventh Street, SW Washington, DC 20410 www.hud.gov espanol. hud.aov Environmental Assessment Determinations and Compliance Findings for HUD -assisted Projects 24 CFR Part 58 Project Information Project Name: Idaho -Street -Project HEROS Number: 900000010231945 Project Location: 4100 Idaho St, Evans, CO 80620 Additional Location Information: Idaho Street between 39th and 42nd Streets, City of Evans, Colorado Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: The proposed project is the construction of infrastructure on Idaho Street between 40th and 42nd Streets and the expansion of the detention pond at 40th and Idaho Streets by the City of Evans. Construction activities include waterline installation; storm drainpipe installation; installation of drain pans, storm inlets and a manhole; construction of new sidewalks, grading and paving. The City of Evans will hire a contractor to do the work. Funding Information Grant Number HUD Program Program Name B -21 -MC -08-2105 Community Planning and Development (CPD) Community Development Block Grants (CDBG) (Entitlement) Estimated Total HUD Funded Amount: $693,000.00 Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $1,486,848.00 Mitigation Measures and Conditions (CFR 1505.2(c)]: 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. Idaho -Street -Project Evans, CO 900000010231945 Law, Authority, or Factor Mitigation Measure or Condition Conformance with Plans / Compatible Land No mitigation required Use and Zoning / Scale and Urban Design Soil Suitability / Slope/ Erosion / Drainage and No mitigation required Storm Water Runoff Hazards and Nuisances including Site Safety No mitigation required and Site -Generated Noise Energy Consumption/Energy Efficiency No mitigation required Employment and Income Patterns No mitigation required Demographic Character Changes! No mitigation required Displacement Educational and Cultural Facilities (Access and No mitigation required Capacity) Commercial Facilities (Access and Proximity) No mitigation required Health Care / Social Services (Access and No mitigation required Capacity) Solid Waste Disposal and Recycling (Feasibility No mitigation required and Capacity) Waste Water and Sanitary Sewers (Feasibility No mitigation required and Capacity) Water Supply (Feasibility and Capacity) No mitigation required Public Safety - Police, Fire and Emergency No mitigation required Medical Parks, Open Space and Recreation (Access and No mitigation required Capacity) Transportation and Accessibility (Access and No mitigation required. Capacity) Unique Natural Features /Water Resources No mitigation required. Vegetation / Wildlife (Introduction, No mitigation required Modification, Removal, Disruption, etc.) Permits, reviews, and approvals None required Project Mitigation Plan None required. Determination: 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 Preparer Signature: .' s.L_ -�_ Date: \ t-) ' f z - Name / Title/ Organizati nthia Martin / LD COUNTY COLORADO Certifying Officer Signa Date: Uf 12/20/2021 10:32 Page 2 of 3 Idaho -Street -Project Evans, CO 900000010231945 Name/ Title: This original, signed document and related supporting material must be retained on file by the Responsible Entity in an Environment Review Record (ERR) for the activity / project (ref: 24 CFR Part 58.38) and in accordance with recordkeeping requirements for the HUD program(s). 12/20/2021 10:32 Page 3 of 3 U.S. Department of Housing and Urban Development 451 Seventh Street, SW Washington, DC 20410 www.hud.gov esaanol.hud.gov Environmental Assessment Determinations and Compliance Findings for HUD -assisted Projects 24 CFR Part 58 Project Information Project Name: Idaho -Street -Project HEROS Number: 900000010231945 Responsible Entity (RE): WELD COUNTY COLORADO, 1150 O STREET GREELEY CO, 80631 RE Preparer: Cynthia Martin State / Local Identifier: 21-3 Certifying Officer: Don Sandoval Grant Recipient (if different than Responsible Ent ity): Point of Contact: Consultant (if applicabi e): Point of Contact: Project Location: 4100 Idaho St, Evans, CO 80620 Additional Location Information: Idaho Street between 39th and 42nd Streets, City of Evans, Colorado Direct Comments to: Idaho -Street -Project Evans, CO 900000010231945 Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: The proposed project is the construction of infrastructure on Idaho Street between 40th and 42nd Streets and the expansion of the detention pond at 40th and Idaho Streets by the City of Evans. Construction activities include waterline installation; storm drainpipe installation; installation of drain pans, storm inlets and a manhole; construction of new sidewalks, grading and paving. The City of Evans will hire a contractor to do the work. Statement of Purpose and Need for the Proposal [40 CFR 1508.9(b)]: This project will meet the National Objective of Low- to Moderate- Income Benefit. The project has a LMA benefit. The project is located in Census Tract 10.04 Block Group 3, the population of which is 60% LMI. The goal of the project is to improve infrastructure to foster accessible and livable neighborhoods and improve access to public amenities. Currently Idaho Street between 40th and 42nd Streets is unpaved and unimproved i.e. no sidewalks or storm water drainage system. The installation of a storm water management system along Idaho Street between 40th and 42nd Streets will enable better management of localized flooding in the identified area during storm events. Expansion of the detention pond will better serve the conveyance of storm water to the outfall at the South Platte River and away from the neighborhood. The paving of the street and installation of ADA accessible sidewalks will improve access to public amenities including a nearby park, cultural center and library and a park and ride all within easy walking distance. Existing Conditions and Trends [24 CFR 58.40(a)]: Currently several roads on the east side of Evans are unpaved and not all have sidewalks. The current storm water system is inadequate. In all, there are approximately 6.8 miles of unpaved streets in the entire City. Some of these roads, like Idaho Street, remain unpaved as the water and storm water lines underneath requires replacement making for an expensive project. Without grant funding, this road without sidewalks would remain unpaved and unimproved for the foreseeable future. Maps, photographs, and other documentation of project location and description: 21-3 Project location photos.pdf Idaho Street Project map.pdf Determination: ✓ 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 12/20/2021 10:25 Page 2 of 38 Idaho -Street -Project Evans, CO 900000010231945 Approval Documents: 7015.15 certified by Certifying Officer on: 7015.16 certified by Authorizing Officer on: Funding Information Grant / Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants B -21 -MC -08-2105 Development (CPD) (CDBG) (Entitlement) Estimated Total HUD Funded, $693,000.00 Assisted or Insured Amount: Estimated Total Project Cost [24 CFR 58.2 (a) $1,486,848.00 (5)l: Compliance with 24 CFR §50.4, §58.5 and §58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR §50.4, or mitigation determinations) §58.5, and §58.6 required? STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.6 Airport Hazards ❑ Yes I1 No The project site is not within 15,000 feet Clear Zones and Accident Potential of a military airport or 2,500 feet of a Zones; 24 CFR Part 51 Subpart D civilian airport. The project is in compliance with Airport Hazards requirements. Coastal Barrier Resources Act ❑ Yes RI No This project is located in a state that Coastal Barrier Resources Act, as does not contain CBRS units. Therefore, amended by the Coastal Barrier this project is in compliance with the Improvement Act of 1990 [16 USC Coastal Barrier Resources Act. 3501] Flood Insurance ❑ Yes I?1 No Based on the project description the Flood Disaster Protection Act of project includes no activities that would 12/20/2021 10:25 Page 3 of 38 Idaho -Street -Project Evans, CO 900000010231945 1973 and National Flood Insurance require further evaluation under this Reform Act of 1994 [42 USC 4001- section. The project does not require 4128 and 42 USC 5154a] 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 O Yes B No Based on the project description, this Clean Air Act, as amended, project includes no activities that would particularly section 176(c) & (d); 40 require further evaluation under the CFR Parts 6, 51, 93 Clean Air Act. The project is in compliance with the Clean Air Act. Coastal Zone Management Act ❑ Yes Q No This project is located in a state that Coastal Zone Management Act, does not participate in the Coastal Zone sections 307(c) & (d) Management Program. Therefore, this project is in compliance with the Coastal Zone Management Act. Contamination and Toxic ❑ Yes Q No On -site or nearby toxic, hazardous, or Substances radioactive substances that could affect 24 CFR 50.3(i) & 58.5(i)(2)] 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. Endangered Species Act O Yes Q No This project has been determined to Endangered Species Act of 1973, have No Effect on listed species. This particularly section 7; 50 CFR Part project is in compliance with the 402 Endangered Species Act without mitigation. Explosive and Flammable Hazards O Yes Q No Based on the project description the Above -Ground Tanks)[24 CFR Part project includes no activities that would 51 Subpart C require further evaluation under this section. The project is in compliance with explosive and flammable hazard requirements. Farmlands Protection ❑ Yes Q No This project does not include any Farmland Protection Policy Act of activities that could potentially convert 1981, particularly sections 1504(b) agricultural land to a non-agricultural and 1541; 7 CFR Part 658 12/20/2021 10:25 Page 4 of 38 Idaho -Street -Project Evans, CO 900000010231945 use. The project is in compliance with the Farmland Protection Policy Act. Floodplain Management O Yes 11 No This project does not occur in a Executive Order 11988, particularly floodplain. The project is in compliance section 2(a); 24 CFR Part 55 with Executive Order 11988. Historic Preservation ❑ Yes B No Based on Section 106 consultation, National Historic Preservation Act of there are No Historic Properties 1966, particularly sections 106 and Affected because the project will have 110; 36 CFR Part 800 no effect on the historic properties that are present. The project is in compliance with Section 106. Noise Abatement and Control O Yes El No Based on the project description, this Noise Control Act of 1972, as project includes no activities that would amended by the Quiet Communities require further evaluation under HUD's Act of 1978; 24 CFR Part 51 Subpart noise regulation. The project is in B compliance with HUD's Noise regulation. Sole Source Aquifers O Yes Q No The project is not located on a sole Safe Drinking Water Act of 1974, as source aquifer area. The project is in amended, particularly section compliance with Sole Source Aquifer 1424(e); 40 CFR Part 149 requirements. Wetlands Protection O Yes l No The project will not impact on- or off - Executive Order 11990, particularly site wetlands. The project is in sections 2 and 5 compliance with Executive Order 11990. Wild and Scenic Rivers Act ❑ Yes Q No This project is not within proximity of a Wild and Scenic Rivers Act of 1968, NWSRS river. The project is in particularly section 7(b) and (c) compliance with the Wild and Scenic Rivers Act. HUD HOUSING ENVIRONMENTAL STANDARDS ENVIRONMENTAL JUSTICE Environmental Justice ❑ Yes Q No No adverse environmental impacts were Executive Order 12898 identified in the project's total environmental review. The project is in compliance with Executive Order 12898. Environmental Assessment Factors [24 CFR 58.40; Ref. 40 CFR 1508.8 &1508.271 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. 12/20/2021 10:25 Page 5 of 38 Idaho -Street -Project Evans, CO 900000010231945 Environmental Impa Impact Evaluation Mitigati Assessment Ct on Factor Code LAND DEVELOPMENT Conformance 1 This project was envisioned as part of the recovery No with Plans / (from the 2013 flood of the South Platte River) and mitigatio Compatible Land redevelopment of Evans' Riverside neighborhood as n Use and Zoning / laid out in the Riverside Park Master Plan (July 8, required Scale and Urban 2015). The street is already existing and the project Design will take place entirely within the City's right of way. Therefore, it will conform with zoning and result in no changes to land use would occur. Riverside Park Master Plan available at https://www.evanscolorado.gov/economicdevelopm ent/evans-riverside-neighborhood-pla n Soil Suitability / 1 The soil taken from the existing detention pond No Slope/ Erosion / during expansion will be stored on site and used if mitigatio Drainage and any should be needed for the improvements to n Storm Water Idaho Street. It is anticipated that no soil will need to required Runoff be brought in from elsewhere for the project, if anything, there will be an excess. The proposed project would improve drainage, channel storm water runoff to an existing system and decrease erosion. Hazards and 2 Best management practices will be used during No Nuisances construction to limit hazards and nuisances including mitigatio including Site temporary noise and site safety impacts. No long- n Safety and Site- term impacts would result from the proposed required Generated Noise project. Energy 2 No changes to energy consumption would occur. No Consumption/En mitigatio ergy Efficiency n required SOCIOECONOMIC Employment and 1 There would be a minor beneficial impact as a result No Income Patterns of the proposed project as paving the street and mitigatio adding handicapped accessible sidewalks will make it n easier for residents to travel the street in bad required weather to get to work and make for easier access to the park and ride at 42nd and Idaho Street whether by sidewalk or roadway. Demographic 2 There would be no displacement nor demographic No Character character changes. No property will need to be mitigatio 12/20/2021 10:25 Page 6 of 38 Idaho -Street -Project Evans, CO 900000010231945 Environmental Impa Impact Evaluation Mitigati Assessment ct on Factor Code LAND DEVELOPMENT Changes / taken for the proposed project- no one will be n Displacement displaced. required COMMUNITY FACILITIES AND SERVICES Educational and 2 No changes to educational or cultural facilities No Cultural Facilities mitigatio (Access and n Capacity) required Commercial 2 No changes to commercial facilities. No Facilities (Access mitigatio and Proximity) n required Health Care / 2 No changes to health care or social services. No Social Services mitigatio (Access and n Capacity) required Solid Waste 2 No changes to solid waste disposal/recycling. No Disposal and mitigatio Recycling n (Feasibility and required Capacity) Waste Water and 2 No changes to wastewater/sanitary sewers. No Sanitary Sewers mitigatio (Feasibility and n Capacity) required Water Supply 1 Installation of a new water line is planned as part of No (Feasibility and the proposed project. The existing water line is old. mitigatio Capacity) Installation of a new water line would serve to n ensure sufficient water supply for a longer period required into the future. Public Safety - 1 Public safety would see some minor benefit from the No Police, Fire and proposed project as paving the street would give mitigatio Emergency police, fire and emergency medical improved access n Medical to the residences in the project area. required Parks, Open 1 Access to parks would see some minor benefit from No Space and the proposed projects as the new accessible mitigatio Recreation sidewalks planned would connect to a network of n (Access and neighborhood sidewalks leading to a nearby required Capacity) neighborhood park. Transportation 1 Paving a currently dirt road and installing No and Accessibility handicapped accessible sidewalks where there were mitigatio none as part of the proposed project will have a 12/20/2021 10:25 Page 7 of 38 Idaho -Street -Project Evans, CO 900000010231945 Environmental Impa Impact Evaluation Mitigati Assessment ct on Factor Code LAND DEVELOPMENT (Access and beneficial impact on both transportation and n Capacity) accessibility. required. NATURAL FEATURES Unique Natural 2 No impacts to unique natural features or water No Features /Water resources are anticipated as a result of the proposed mitigatio Resources project. n required. Vegetation / 2 Any impacts from the proposed project to native No Wildlife vegetation and any wildlife that may occupy the mitigatio (Introduction, project area would be temporary and associated n Modification, with the construction. Best management practices required Removal, will be used during construction to limit disturbance. Disruption, etc.) No long-term impacts would result from the proposed project. Other Factors Supporting documentation Additional Studies Performed: None Field Inspection [Optional]: Date and completed by: List of Sources, Agencies and Persons Consulted [40 CFR 1508.9(b)]: State Historic Preservation Officer Tribal Historic Preservation Officers/Representatives U.S. Fish and Wildlife Services List of Permits Obtained: None required Public Outreach [24 CFR 58.43]: A public meeting was held by the City of Evans on Thursday, Sept. 30, 2021 at 5 pm at the Evans Community Complex. The meeting used an open house format to present 12/20/2021 10:25 Page 8 of 38 Idaho -Street -Project Evans, CO 900000010231945 proposed project outcomes and collect feedback. The Project Manager was present as were other City of Evans staff members to interact on a personal level with meeting attendees, 21-3 FONSI notification dissemination list.pdf Cumulative Impact Analysis [24 CFR 58.32]: None of the impacts considered were determined to have minor or significant adverse impacts. Roughly 40% of the impacts considered were determined to have a minor beneficial impact. 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 City of Evans and the project area would remain in its current state. The threat of minor flooding in the project area would remain. Summary of Findings and Conclusions: Implementation of the proposed action would result in no adverse impacts and no mitigation is necessary. Implementation of the proposed action would potentially result in beneficial impacts to conformance with comprehensive plans and zoning; soil suitability; employment and income patterns, water supply, public safety; recreation and transportation and accessibility. Mitigation Measures and Conditions [CFR 1505.2(c)]: 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 Mitigation Measure or Comments Mitigation Complete Factor Condition on Plan Completed Measures Conformance with Plans / Compatible Land Use and Zoning No mitigation required N/A / Scale and Urban Design 12/20/2021 10:25 Page 9 of 38 Idaho -Street -Project Evans, CO 900000010231945 Soil Suitability/ Slope/ Erosion / No mitigation required N/A Drainage and Storm Water Runoff Hazards and Nuisances including No mitigation required N/A Site Safety and Site - Generated Noise Energy Consumption/Energy No mitigation required N/A Efficiency Employment and No mitigation required N/A Income Patterns Demographic Character Changes / No mitigation required N/A Displacement Educational and Cultural Facilities No mitigation required N/A (Access and Capacity) Commercial Facilities (Access and No mitigation required N/A Proximity) Health Care / Social Services (Access and No mitigation required N/A Capacity) Solid Waste Disposal and Recycling No mitigation required N/A (Feasibility and Capacity) Waste Water and Sanitary Sewers No mitigation required N/A (Feasibility and Capacity) Water Supply (Feasibility and No mitigation required N/A Capacity) Public Safety - Police, Fire and No mitigation required N/A Emergency Medical Parks, Open Space and Recreation No mitigation required N/A (Access and Capacity) 12/20/2021 10:25 Page 10 of 38 Idaho -Street -Project Evans, CO 900000010231945 Transportation and Accessibility (Access and Capacity) No mitigation required. N/A Unique Natural Features /Water No mitigation required. N/A Resources Vegetation / Wildlife (Introduction, Modification, No mitigation required N/A Removal, Disruption, etc.) Project Mitigation Plan None required. Supporting documentation on completed measures 12/20/2021 10:25 Page 11 of 38 ti __ • - t . a trrt 1 ttt - • �• �iG. •.."'suss !, I L. . #9r 38TH �,T "tO y� ,4tta _fi F� ♦ r _ _ t4TH4, w �� t o I r„i� , ili y 4 �✓.�jl a 444. 1 N - 4 - - . I 440TFi�T, � v, S 1 r 4TH ST�_ •Ytt� � � •.el..;b. a. '41ST • 4 �Q ', ►♦ i 41151 1. l� . � Y .+\ 1 j 1 Y• !!` r Ii .sf. �....... .� .,.� .. ND 5«I � •- t �. � ` • ,li R • . ,� RD S7p J l ��Z�►+� �RDI�S,T liii , . - 1:6703 1,117.1 0 558.56 1,117.1 Feet W GS_1984_Web_Mercator_Auxi l iary_S phere © Weld County Colorado RAJ This map is a ..se' generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise r,-i abe THIS MAP IS NOT TO BE USED FOR NAVIGATION Fort Collins boulder Brighton Deriver Legend Highway O County Boundary Notes City of Evans, CO r V r o ',.jy -i Itt; _ H: .04 44g 4 ..y, _r• � •• u1 • .� . - Si w r� to w a. ♦ �X _ • t'!.t ry /l ru- •(fir -•'�. •,.: ' . • ham-•+` �i�� 'r _�y - y y • I. 4• �• Y Kai• • is .lr.j p.oa 1 • y( 11 `a v♦ w . i Idaho Street looking south toward 42nd Street i. i S S\ i _ • ? r • I ti 1 ., • .:gi g- •r - '+ it --..4 R F It .. _ r{.. -K ry!-. I r• ..•�.. I _ • _ • • r ♦ •fS • ' • - t 11 .�IV•'jVi °lajC•y�• a •.- _ fa -- r zr r ..a -•' ,�< • air �• "a -- t:r. y •" • I. �iay� a. y1✓• •.I � : . �! •« - � 'r'� 1 a, .. 1 .•• li l'' •R.. 1r� ayi!.� 1! 1^{t• ♦.t•( r•..�3'' rq.�r. ✓ F.a I . •• ' _ , ��' - _ `-;..r11-..I.�YfiJ[•.'•.s .t 1 jy 1�''�+%•r^ r•a.Y y t� / .' �� .. I Fr' a. .� _ . Q' �. l• r. ;'. l • •" .ir • - .. ! • . rr1 `, }_ fi7.... .QI �.. . f ! . ' • •— -• ' •.. ! .• -'' � _ Xl`-ry i.� .. 1. ,YFI`p`G �.� � .A -- -_ `• J ,Y-6 •' •° IF♦� JT?:ti )I-•y!�•f,Y t�•�•' • r.. •�� \I-i • r .. . f • • r `�,,t♦,,Y.••L Ate. p..s'•A- C.. • • f - Idaho Street looking north from 42nd Street • :.' r - a� �q.r� �.1r w�. l_ f. � � ;b -,r,. r]:�n-e�..ry� i. ��.V �S z +Iw. A-•+. ! __ • +! _ 'mil'.- I�`�y.. ..A Y • 1 u. rti w. .•: "L� I • tea' -lam-s- ;1 �Af �.• y.•' 1nM �. •-6- r �.. '3' r � ir'r' �` J ' 1^V r • �-•W ll. •.R'��I.I} •/11 .- i .t wm - - - dif n� - _ u.. 1 I - • M Y• —� r _ s ,._.� a.L� I %� R1{ JS� _ \I....T •�-''�.r14r ��1 .r+T` l{rlr .Vr V--ZT . , �8- r�+I �£A. s. •� ice' i 4? r y. Y - F _- \ '^•C NYZc1—�•T-- T .. _ l�♦t�- 1•iZYI�. a.- . w... �'. t_. •,, 'S•�I - � mow_ ^ _ . 'rc � �l.l t _. � ww _ ••• Y ♦w •. _ ..r w �. - .. _ �� mar ... +' T r Y � • :♦. ♦ 7_' •. � - r ! • W�� O .. _ T mow _ • '• Yw�. � � ? _ • i '- ' Hi T 3. • e • • �� • ♦ �• YY• • • Ii-.wf� h •. • _•. a� - w r .y. - • • ♦ !mot —.' .- i -. - � � ' _ T I • __ 1e a rm•r- + t :.i4 T, f it .. . c t• w tl� . z ��FFFFFF +nom ,• _ '•w Irv:- • S • an.�re• 1�•1. .. a - wl l . IQ♦^ ti• ♦-- - '' 42" Street -- L', P !► W\WYY moo' rY! v r%A•. -'- .�•q . •f•- r \yI r r l n '•' • r .. ' •-" fir �� •� � - •• �r••. •:y$ -r' _r 1 Yr �•i• r♦ __ Y � �' i�•O +rw .r 1 �._ <� • .• • • i. n ! 'T<T—;t �T'i -4m •Imo• •'Zf r .•.. --�� i ♦: F •. c r w• { fir• - *t e ^ '. .A^ �r� •-•� - J v` 1 , ✓7.T y• • [ 0•.i..• •0., �� •S .•e �/� arl 1.�' _ ' ♦ �: •. . ' ^`r `✓n ) '. a J4 1 { vyepq� M :rte �•r _ _ - _.{ 1i _ •a� :� • ♦ '•1 :•r4 a ♦ f J X Ate -. . - .!.. • I.. _ �. • 7 ?1 7.i. :"i'•l n Kam. L �ltl (t•.t 1!..!h11 • rw4+• r .. n .w hid 1 i, • �t r: . - -.: ,'1 - r ,1• FONSI notification dissemination list: City of Evans, CO, Mark Oberschmidt, P.E., City Engineer, 1100 37th St., Evans, CO 80620, moberschmidt@yevanscolorado.gov Greely Tribune, PO Box 337228, Greeley, CO 80633-7228, citydesk@greeleytribune.com History Colorado, SHPO, Matthew Marques, Senior Section 106 Compliance Manager, matthew.marpues@state.co.us Michael Blackwolf, THPO, Ft. Belknap Indian Community, mblackwolf@ftbelknap.org Martina Minthorn, THPO, Comanche Nation, martina.minthorn@comanchenation.com Max Bear, THPO, Cheyenne and Arapahoe Tribes, mbear@c-a-tribes.org Bobby Komardley, Chairman, Apache Tribe of Oklahoma, bkomardley@outlook.com Teanna Limpy, THPO, Northern Cheyenne Tribe, teanna.limpy@chevennenation.com Ben Ridgely, THPO, Arapaho Tribe of the Wind River Reservation, benridgely007@gmail.com Stephen Small, Asst. Regional Director, Interior Regions 5 & 7— Ecological Services, U.S. Fish and Wildlife Service, Stephen small@fws.gov HUD rep Samuel Potter, Senior CPD Rep., Region VIII, 1670 Broadway St., Denver, CO 80202, Samuel.L.Potter@HUD.gov EPA Region VIII, 1595 Wynkoop St., Denver, CO 80202, r8eisc@epa.pov Idaho -Street -Project Evans, CO 900000010231945 APPENDIX A: Related Federal Laws and Authorities Airport Hazards General policy Legislation Regulation It is HUD's policy to apply standards to 24 CFR Part 51 Subpart D prevent incompatible development around civil airports and military airfields. 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? J No Yes 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 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. Supporting documentation 21-3 NEPAssist map nearby airports.pdf Are formal compliance steps or mitigation required? Yes ✓ No 12/20/2021 10:25 Page 12 of 38 21-3 NEPAs�,,,, map_airports Highway 34 Byp Elm December 5, 2021 C Project 1 + Airport Points Greeley Junction Lucerne in Greeley But Al Highway 34 Byp Garden City South Platte River Peckham Hambert t' r � `/ ° Evans r La Salle Greeley -Weld County Airport Highway 34 ayc N �11�.34 Auburn Lower Latharn Reservoir } u z South Kersey Platte Cl Kuril 1:144,448 0 0.75 1.5 3 mi 0 1.5 3 6 km 2021 Microsoft Corporation © 2021 TomTom, EPA OEI Idaho -Street -Project Evans, CO 900000010231945 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. Legislation Regulation Coastal Barrier Resources Act (CBRA) of 1982, as amended by the Coastal Barrier Improvement Act of 1990 (16 USC 3501) 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 12/20/2021 10:25 Page 13 of 38 Idaho -Street -Project Evans, CO 900000010231945 Flood Insurance General requirements Certain types of federal financial assistance may not be used in floodplains unless the community participates in National Flood Insurance Program and flood insurance is both obtained and maintained. Legislation Flood Disaster Protection Act of 1973 as amended (42 USC 4001-4128) Regulation 24 CFR 50.4(b)(1) and 24 CFR 58.6(a) and (b); 24 CFR 55.1(b). 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 12/20/2021 10:25 Page 14 of 38 Idaho -Street -Project Evans, CO 900000010231945 12/20/2021 10:25 Page 15 of 38 Idaho -Street -Project Evans, CO 900000010231945 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. Legislation Clean Air Act (42 USC 7401 et seq.) as amended particularly Section 176(c) and (d) (42 USC 7506(c) and (d)) 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 V No 12/20/2021 10:25 Page 16 of 38 Idaho -Street -Project Evans, CO 900000010231945 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. Legislation Coastal Zone Management Act (16 USC 1451-1464), particularly section 307(c) and (d) (16 USC 1456(c) and (d)) 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 V No 12/20/2021 10:25 Page 17 of 38 Idaho -Street -Project Evans, CO 900000010231945 Contamination and Toxic Substances General requirements It is HUD policy that all properties that are being proposed for use in HUD programs be free of hazardous materials, contamination, toxic 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. Legislation Regulations 24 CFR 58.5(i)(2) 24 CFR 50.3(i) 1. Evaluate the site for contamination. 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? V No Explain: On -site or nearby toxic, hazardous, or radioactive substances that could affect the health and safety of project or conflict with the intended use of the property were not found in a search of Federal and State environmental databases. Reviewed information provided by U.S. EPA and CDHPE to make this determination. Searched the NEPAssist map 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. Searched for underground storage tanks and found none within the project area. Echo reports for any RCRAs found within 3,000 feet of the project site were reviewed and found all these facilities were currently in compliance. Based on the response, the review is in compliance with this section. Yes Check here if an ASTM Phase I Environmental Site Assessment (ESA) report was utilized. [Note: HUD regulations does not require an ASTM Phase I ESA report for single family homes] 12/20/2021 10:25 Page 18 of 38 Idaho -Street -Project Evans, CO 900000010231945 Screen Summary Compliance Determination 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. Supporting documentation 21-3 UST map.pdf 21-3 CDPHE map.pdf 21-3 LUST map.pdf 21-3 NEPAssist map - site contamination.pdf Are formal compliance steps or mitigation required? Yes ✓ No 12/20/2021 10:25 Page 19 of 38 21-3 NEPAssist maN_1 mile search radius < vans P Greeley Mall Middle 1i School flSf�cile tr, December 5, 2021 r Hazardous Waste (RCRAInfo) Project Buffer county Road St, J.Y County Road 54' 1:36,112 0 0.23 0.45 0.9 mi y I I T ! I I I 1 0 0.38 0.75 1.5 km ©2021 Microsoft Corporation © 2021 TomTom Hazardous Waste (RCRAInfo)ED Project 1 12/5/21, : ul Col Environmental Records Search i.—�Lrsib%in iIv�J •^'asi'`iis.'�-.__�v.i�® Colorado Environmental Records Search 4100 Idaho St, Evans, Co, 80620, U X Q Show search results for 4100 Id... >1stSt + . 34th St Layer List -- 34th St r in W Cl Layers ;7th St ivarr'g ' a„E 37th St VCUP - Voluntary_Cleanup CDPHE_ Brownfield r D Riverside CDPHE Institutional Controls 42nvSt , Park CDPHE_Colorado_Superfund_NPL_NRD es a Solid_ Waste_ Facilities Y'I Yosen 49th : ,�r' — County Road 52 y +. 1'l UMTRA V J J J sttza :Y 5ath O RCRA sites in Colorado w '►� ' v @t o, County Road 50 5 4 r 4P 4, y .a ,aI a "- � Bureau of Land Management, Esri, HERE, Garmin, INCREME - 0.4mi https://cdphe.maps.arcgis.com/apps/webappviewer/index.html?id=dbca3a2942764fd8bdb947826a5a2228 1/1 11/17/21, PM . t. V UST Finder Find address or place Q 37th St Evans • �> O C 38th St C r N O o J • y • y a < 1R < o�� o Is n $. Un • m u 40th St L^3 J fl 41st St •4693 4673^ 42nd St 42nd St • 42nd St • 43rd St 43rd Sr 49th St UST Finder 36th St 37th St v c rn 3 o 38th St Evans City Park r% O o r° 41st St N p. 0.2mi < https://epa. maps.arcgis.com/apps/webappviewer/index.htm I?id=c220c67462el4763a8e0c4df75550278 42nd St V C Legend v R Facilities ry • Closed UST(s) • Open UST(s) to ._ Riverside Park Q`Jef South Ptotte Lotham Dirch County Roa .452 County Roa Esri, NASA, NGA, USGS, FEMA I Esri Community Maps Contributors, City of Greeley, © OpenSti AP 1/1 12/5/21, ' d Cobra )artment of Labor and Employment fv Petroleum Events • Open Events Closed Events Search by Location: Search by Location: Geocode address:@ Map click: 1/2 Mile v 912 39th St, Evans, C( X Clear Search by Attribute: 32nd S, r_ 34th St Archrir0` C - J Evans vilbge 37th St Park - I t' rn '.r r ii Ln EVENT ID FACILITY ID STATUS SITE NAME STREET CITY STATE ZIP 10573 9250 Closed 7 -Eleven 1011 37th St Evans, CO, #19088 80620 13040 11381 Closed Evans U -Pump- 3632 11th Ave Evans, CO, It #829 80620 11969 9250 Closed 7 -Eleven 1011 37th St Evans, CO, #19088 80620 10683 16085 Closed Evans Fast 1100 42nd St Evans, CO, Break 80620 y Lu Imagery . - . . J S - Evans 37th Si\ Evan a City Park W 'S • Riverside • Pafk • n r City of Greeley, Bureau of Land Management, Esri, HERE, I DATE OF RELEASE 01/27/2008 05/24/2018 12/20/2013 08/16/2008 CONTACT PHONE EMAIL Vinny Secondo 303-318-8540 vinny.secondo@si a Jennifer Strauss 303-318-8547 Vinny Secondo 303-318-8540 Tim Kelley 303-318-8547 cate_ops_puouc_ https://gis.colorado.gov/openpetroleum/ 1/1 Idaho -Street -Project Evans, CO 900000010231945 Endangered Species General requirements Section 7 of the Endangered Species Act (ESA) mandates that federal agencies ensure that actions that they authorize, fund, or carry out shall not jeopardize the continued existence of federally listed plants and animals or result in 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 Service and/or the National Marine Fisheries Service ("FWS" and "NMFS" or "the Services"). ESA Legislation The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); particularly section 7 (16 USC 1536). Regulations 50 CFR Part 402 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. 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. 2. Are federally listed species or designated critical habitats present in the action area? No, the project will have No Effect due to the absence of federally listed species and designated critical habitat ✓ Yes, there are federally listed species or designated critical habitats present in the action area. 3. What effects, if any, will your project have on federally listed species or designated critical habitat? 12/20/2021 10:25 Page 20 of 38 Idaho -Street -Project Evans, CO 900000010231945 ✓ No Effect: Based on the specifics of both the project and any federally listed species in the action area, you have determined that the project will have absolutely no effect on listed species or critical habitat. in the action area. Document and upload all documents used to make your determination below. Documentation should include a species list and explanation of your conclusion, and may require maps, photographs, and surveys as appropriate May Affect, Not Likely to Adversely Affect: Any effects that the project may have on federally listed species or critical habitats would be beneficial, discountable, or insignificant. Likely to Adversely Affect: The project may have negative effects on one or more listed species or critical habitat. 6. For the project to be brought into compliance with this section, all adverse impacts must be mitigated. Explain in detail the exact measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation. This information will be automatically included in the Mitigation summary for the environmental review. If negative effects cannot be mitigated, cancel the project using the button at the bottom of this screen. Mitigation as follows will be implemented: ✓ No mitigation is necessary. Explain why mitigation will not be made here: Due to the urban, developed landscape of the action area, there is no suitable habitat available for eastern black rail, Preble's meadow jumping mouse, or Ute ladies' -tresses orchid in the action area. The Platte River species (piping plover, western prairie fringed orchid, whooping crane, and pallid sturgeon) would not be affected by this project. The 12/20/2021 10:25 Page 21 of 38 Idaho -Street -Project Evans, CO 900000010231945 project plan calls for storm water from the project action area to be directed into an on -site detention pond where it will detained for less than 72 hours per design standards required by the State of Colorado. Due to the urban nature of the proposed work, it is unlikely that any of the seven Screen species of migratory birds identified in the species list for this Summary project are to be found utilizing the proposed construction area, including the grassland nesters Long billed Curlew and McCown's Longspur. Compliance Determination This project has been determined to have No Effect on listed species. This project is in compliance with the Endangered Species Act without mitigation. Supporting documentation Idaho Street Project BA.pdf RE Idaho Street Project in Evans Colorado.pdf USFWS Migratory Birds concurrence Idaho Street Project.pdf Species List_ Colorado Ecological Services Field Office.pdf Are formal compliance steps or mitigation required? Yes ✓ No 12/20/2021 10:25 Page 22 of 38 United States Department of the Interior FISH AND WILDLIFE SERVICE Colorado Ecological Services Field Office Denver Federal Center P.O. Box 25486 Denver, CO 80225-0486 Phone: (303) 236-4773 Fax: (303) 236-4005 http://www.fws.gov/coloradoES huD://www.fws.gov/platteriver L�J In Reply Refer To: November 22, 2021 Consultation Code: 06E24000-2022-SLI-0232 Event Code: 06E24000 -2022-E-00592 Project Name: Idaho Street Project Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. 11/22/2021 Event Code: 06E24000 -2022-E-00592 A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/eagle-guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http:// www. fws. gov/migratorybirds/CurrentBirdl ssues/Hazards/towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands 11/22/2021 Event Code: 06E24000 -2022-E-00592 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Colorado Ecological Services Field Office Denver Federal Center P.O. Box 25486 Denver, CO 80225-0486 (303) 236-4773 11/22/2021 Event Code: 06E24000 -2022-E-00592 Project Summary Consultation Code: 06E24000-2022-SLI-0232 Event Code: Some(06E24000-2022-E-00592) Project Name: Idaho Street Project Project Type: Federal Grant / Loan Related Project Description: The project is located within the city limits of the City of Evans, Weld County, Colorado. This project consists of infrastructure improvements to an existing roadway and storm water pond in an older, established mainly residential neighborhood. The project site covers from 40th St. to 42nd St. between the railroad tracks and Denver St. and from 39th St. to 40th St. from the railroad tracks to Central St. The City of Evans will be replacing an older, existing waterline underneath this section of road, installing a new storm water drainage system, building new sidewalks and paving these two blocks of Idaho Street. Idaho Street in these two blocks is currently a dirt road. The storm water pond will be expanded to twice its current capacity and the outlet structure modified to improve the efficiency of the system. The storm water pond currently sits on a triangle of City -owned otherwise vacant land. After expansion, the pond will still be contained within this same parcel of land. No access roads will need to be constructed. The City will be hiring a contractor to do the work. They propose to award the contract in mid -January or early February with project mobilization mid -February. The proposed construction schedule is: storm sewer installation Feb. 22nd, waterline installation March 22nd, pond grading April 26th, road grading May 3rd, concrete work May 13th, asphalt work May 27th, weather days May 30th, substantial completion June 9th and final completion June 23rd. Staging will occur on the parcel of land containing the storm water pond and along Idaho Street within the project area. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/O40.37229915,-104.69360615541578,14z 11/22/2021 Event Code: 06E24000 -2022-E-00592 3 N Counties: Weld County, Colorado 11/22/2021 Event Code: 06E24000 -2022-E-00592 Endangered Species Act Species There is a total of 8 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 4 of these species should be considered only under certain conditions. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Preble's Meadow Jumping Mouse Zapus hudsonius preblei Threatened There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/4090 General project design guidelines: https://ecos.fws. gov/ipac/prof ect/3B2H3Z 53UBHNLDIH5 VNTE4BLDA/documents/ generated/6861.pdf 11/22/2021 Event Code: 06E24000 -2022-E-00592 5 Birds NAME Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/10477 Piping Plover Charadrius melodus Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. The location of the critical habitat is not available. This species only needs to be considered under the following conditions: ■ Project includes water -related activities and/or use in the N. Platte, S. Platte, and Laramie River Basins which may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/6039 Whooping Crane Grus americana Population: Wherever found, except where listed as an experimental population There is final critical habitat for this species. The location of the critical habitat is not available. This species only needs to be considered under the following conditions: ■ Project includes water -related activities and/or use in the N. Platte, S. Platte, and Laramie River Basins which may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/758 Fishes NAME Pallid Sturgeon Scaphirhynchus albus No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: ■ Project includes water -related activities and/or use in the N. Platte, S. Platte, and Laramie River Basins which may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/7162 Insects NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 STATUS Threatened Threatened Endangered STATUS Endangered STATUS Candidate 11/22/2021 Event Code: 06E24000 -2022-E-00592 6 Flowering Plants NAME STATUS Ute Ladies' -tresses Spiranthes diluvialis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2159 Western Prairie Fringed Orchid Platanthera praeclara Threatened No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: ■ Project includes water -related activities and/or use in the N. Platte, S. Platte, and Laramie River Basins which may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/1669 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 11/22/2021 Event Code: 06E24000 -2022-E-00592 1 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 11/22/2021 Event Code: 06E24000 -2022-E-00592 1 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E -bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Oct 15 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention to Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos. fws. gov/ecp/species/1626 Clark's Grebe Aechmophorus clarkii Breeds Jun 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 31 and Alaska. 11/22/2021 NAME Event Code: 06E24000 -2022-E-00592 BREEDING SEASON Ferruginous Hawk Buteo regalis Breeds Mar 15 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15 (BCRs) in the continental USA https: //ecos. fws. gov/ecp/species/6038 Lesser Yellowlegs Tringa flavipes Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https://ecos.fws.gov/ecp/species/9679 Long -billed Curlew Numenius americanus Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 31 (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/5511 Long-eared Owl asio otus Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 15 and Alaska. httns://ecos.fws.gov/ecrilsnecies/3631 Mccown's Longspur Calcarius mccownii Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 15 and Alaska. https://ecos.fws.gov/ecp/species/9292 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (0) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4 -week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 11/22/2021 Event Code: 06E24000 -2022-E-00592 3 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25=0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season (••) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (I) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle �s ' "II i +_„—' H_ --- Vulnerable Clark's Grebe I'�1 I"""' BCC Rangewide—�—�—+++,+,+ + { { —�——+— + }++ ---� (CON) Ferruginous Hawk • • —� '—iii ti --'-4 +1i "' — +++ ---+ BCC - BCR Lesser Yellowlegs ++,'''„"' — '+ +"' 11 '— "— + BCCre —} `— + +—+ ++---� (CON) 11/22/2021 Event Code: 06E24000 -2022-E-00592 4 Long -billed Curlew _ — BCC -BCR Long-eared Owl BCC Rangewide (CON) Mccown's Longspur BCC Rangewide (CON) I f t .1.+®4 -4--f--f•. -±-f -f-+-++ +-- �_. _ ---+- ++++ ----- - -+- ++-1---l- _ ! l -_+- ___ ++++ ---- — -.- —+++ } ++ + f�4 Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php ■ Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/ management/nationwidestandardconservationmeasures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern BCC and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. 11/22/2021 Event Code: 06E24000 -2022-E-00592 Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey. banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides 11/22/2021 Event Code: 06E24000 -2022-E-00592 birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 11/22/2021 Event Code: 06E24000 -2022-E-00592 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. WETLAND INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED. PLEASE VISIT HTTPS://WWW.FWS.GOV/WETLANDS/DATA/MAPPER.HTML OR CONTACT THE FIELD OFFICE FOR FURTHER INFORMATION. Idaho Street Project Biological Assessment Prepared using IPaC Generated by Cynthia Martin (cmartin@co.weld.co.us) November 29, 2021 The purpose of this Biological Assessment (BA) is to assess the effects of the proposed project and determine whether the project may affect any Federally threatened, endangered, proposed or candidate species. This BA is prepared in accordance with legal requirements set forth under Section 7 of the Endangered Species Act (16 U.S.C. 1536 (c)). In this document, any data provided by U.S. Fish and Wildlife Service is based on data as of November 22, 2021. Idaho Street Project Biological Assessment Table Of Contents 1 Description of the action 1.1 Project name 1.2 Executive summary 1.3 Project description 1.3.1 Location 1.3.2 Description of project habitat 1.3.3 Project proponent information 1.3.4 Project purpose 1.3.5 Project type and deconstruction 1.3.6 Anticipated environmental stressors 1.4 Action area 1.5 Conservation measures 1.5.1 bioaccumulation 1.5.2 conserve vegetation 1.5.3 noise control 1.6 Prior consultation history 1.7 Other agency partners and interested parties 1.8 Other reports and helpful information 2 Species effects analysis 2.1 Eastern Black Rail 2.1.1 Status of the species 2.1.2 Environmental baseline 2.1.3 Effects of the action 2.1.4 Cumulative effects 2.1.5 Discussion and conclusion 2.2 Monarch Butterfly 2.2.1 Status of the species 2.2.2 Environmental baseline 2.2.3 Effects of the action 2.2.4 Cumulative effects 2.2.5 Discussion and conclusion 2.3 Pallid Sturgeon Justification for exclusion 2.4 Piping Plover Justification for exclusion 2.5 Preble's Meadow Jumping Mouse 6 6 6 7 7 8 9 9 9 19 35 36 36 37 38 38 39 39 40 40 40 42 44 49 49 49 49 51 52 53 53 53 53 54 54 54 3 2.5.1 Status of the species 54 2.5.2 Environmental baseline 55 2.5.3 Effects of the action 57 2.5.4 Cumulative effects 60 2.5.5 Discussion and conclusion 60 Relevant documentation 60 2.6 Ute Ladies' -tresses 60 2.6.1 Status of the species 60 2.6.2 Environmental baseline 62 2.6.3 Effects of the action 65 2.6.4 Cumulative effects 68 2.6.5 Discussion and conclusion 68 2.7 Western Prairie Fringed Orchid 68 Justification for exclusion 68 2.8 Whooping Crane 69 Justification for exclusion 69 3 Critical habitat effects analysis 70 4 Summary Discussion, Conclusion, and Effect Determinations 71 4.1 Effect determination summary 71 4.2 Summary discussion 71 4.3 Conclusion 72 4 1 Description Of The Action 1.1 Project Name Idaho Street Project 1.2 Executive Summary Four species have the potential to exist within the project action area and were considered in this analysis: eastern black rail, monarch butterfly, Preble's meadow jumping mouse and Ute Ladies' -tresses. Potential short-term impacts are an increase in noise, dust and possible pollutants introduced into the storm water system as a direct result of construction. The increase in noise may disturb the daily activities of the eastern black rail and Preble's. Long-term effects from the increase in impervious surfaces and installation of a storm water management system for the section of roadway being paved were addressed in the selected plan for project design. An increase in storm water runoff as a result of the project has the potential to impact water quality and quantity introduced into nearby wetlands. The expansion of the detention pond in the project area will take storm water flows from the contributing area and release them at a slower rate into the storm sewer reducing any possible impact to downstream wetlands at the outfall. The addition of water quality treatment in the detention pond will provide positive storm water quality improvements for the downstream tributary. Conservation measures are being proposed to avoid and minimize potential effects to these species by the proposed project and are part of this analysis. Effect determination summary M 1.3 Project Description 1.3.1 Location •;A ti C I. 4Ut h. St r" • t s60 tee 1. 3'3th St - _- n a • Evans - Gib dam• park f 44th Si a „S S m "� S pe! $S b -- ;41 SY - �i$ e t° o tzs� a Si, 1B o� 4! ISt -" - -- — S st Rd ? a S � � 3 SY S 7 LOCATION Weld County, Colorado 1.3.2 Description of project habitat Terrestrial habitat. The project area consists of both native and landscaped habitats. Non -landscaped vegetation includes natural grasses and other native plants in the railroad easement that forms the western border of the project area and on the City - owned parcel containing a detention pond. A few vacant lots exist in the project area but these areas are generally kept mowed/cleared as is the parcel containing the detention pond. The project occurs in an older, established, primarily residential neighborhood with mature landscaping. The noise level is high in the area due to the fact that a railroad line forms the western border of the project site bringing freight trains day and night and blowing their whistle to cross 39th Street. A state highway runs alongside the railroad tracks to the west providing traffic noise. Commercial establishments near the project area border means that large trucks at times traverse the neighborhood adding to local traffic. Established trees and yards make for good cover. Vacant lots, railroad easement provide areas for grasses and weeds to grow providing food and cover for some species. Mature trees provide good nesting spots but noise an issue. No streams within the project site so must rely on water that ponds in low areas. The area is rather dry with no streams or ditches running through it — no wet meadows or cattail marshes. However, we are in a severe drought situation. There is agricultural land to the south, a City park to the east and Riverside Park to the east and south alongside the Platte River. 8 1.3.3 Project proponent information Provide information regarding who is proposing to conduct the project, and their contact information. Please provide details on whether there is a Federal nexus. Requesting Agency Weld County CDBG Program FULL NAME Cynthia Martin STREET ADDRESS 1150 O Street PO Box 758 CITY STATE ZIP Greeley CO 80532 PHONE NUMBER E-MAIL ADDRESS (970) 573-1769 cmartin@co.weld.co.us Lead agency Lead agency is the same as requesting agency 1.3.4 Project purpose The proposed project activity is infrastructure improvements in an older, established residential low and moderate -income neighborhood. Project actions include the replacement of a waterline, installation of a storm water management system, construction of new sidewalks, paving along an existing two -block section of road and improvements to an existing detention pond. Currently the two -block long section of roadway being improved is unpaved with no sidewalks or curb and gutter nor storm sewer. The detention pond is not functional. The goal of this project is to foster accessible and livable neighborhoods and improve access to public amenities through these infrastructure improvements. Replacing or installing infrastructure, in this case a waterline, prior to paving is best practice. The installation of a storm sewer line will enable better management of localized flooding in the identified area during storm events. Expansion of the drainage pond and modification of its outlet structure will allow for the conveyance of storm water to the South Platte River and away from the neighborhood. The paving of the street and installation of sidewalks will improve access to public amenities. 1.3.5 Project type and deconstruction This project is a road construction and stormwater management project. �® ■ i _ a' .1. • V _ ¶ :. SI1 1S iN30 is-NNLPQa _. C ,o:r 1i ww ■ S .I is W?AN3o L- H 1 , U. 1 1 -° , S M1 , 1 } � 1 , -- ice:• \ 1 \ 1 ! T T \ �' \ \ ... jr_ , �f•-`r_ _ = rJJ.A •o "`I""'rrx:_w.rw+_c•�v_ _wJf...frµ �•_n,n, icr r$ \ •� m \ o \ � z \ ry CU \ V C1 aIIAJl 3s M m M ei oa r,la._ LEGEND ❑ Project footprint Detention pond grading: Detention pond grading Install utilities: Install utilities r ml Road: Apply road surface layer, finish grading, install drainage structure, storm L J drain pipe installation, road (structure), sidewalk/bike path (structure) 11 1.3.5.2 road Structure completion date June 09, 2022 Removal/decommission date (if applicable) Not applicable Stressors LANDFORM (TOPOGRAPHIC) FEATURES ■ Increase in impervious surfaces Description This road already exists as an unpaved road in an established neighborhood. Paving the existing road will increase impervious surfaces. The current roadway is maintained and traveled by the residents of properties that abut this section of road so no increase in vehicle traffic is likely to occur. No construction or demolition of buildings within the project area is proposed with this project so human presence should not increase. The road already exists, is maintained by the City and is traveled so there should be no increase in habitat fragmentation. Landscaping is not part of this project. 12 1.3.5.3 sidewalklbike path Structure completion date May 27, 2022 Removal/decommission date (if applicable) Not applicable Stressors LANDFORM (TOPOGRAPHIC) FEATURES ■ Increase in impervious surfaces Description New sidewalks are being constructed along the sides of the road being paved. These new sidewalks are being constructed within the City's right-of-way. There were no existing sidewalks along Idaho Street between 40th and 42nd Streets. The current roadway is already graded and maintained in a width which includes the area where the new sidewalks will be constructed. There will be an increase in impervious surfaces. Landscaping is not part of this project. Landscaping of the properties that abut the new sidewalks will remain as is. No construction or demolition of buildings within the project area is proposed with this project so human presence would not increase. 13 1.3.5.4 apply road surface layer Activity start date May 27, 2022 Activity end date May 30, 2022 Stressors SOIL AND SEDIMENT ■ Increase in dust HUMAN ACTIVITIES ■ Increase in noise ■ Increase in soil disturbance Description This section of road is currently unpaved. As that area being paved is already a roadway that is being maintained and traveled the degree of increased soil compaction would be minimal. Asphalt will be used to pave the road. Increases in dust and noise due to construction may occur but will be temporary and kept at a minimum. There will be soil disturbance during the paving process. No construction or demolition of buildings within the project area is proposed with this project so human presence would not increase. Landscaping of the properties that abut road being paved will remain as is. Vegetation will not need to be removed to pave this road. The roadway is currently being maintained by the City who works to keep vegetation out of the roadway and traveled upon regularly. 14 1.3.5.5 detention pond grading Activity start date April 26, 2022 Activity end date May 03, 2022 Stressors This activity is not expected to have any impact on the environment. Description The current detention pond is being graded to double its capacity. Dirt removed will be stored on a corner of the detention pond site and used elsewhere on the project. Any dirt unused after the project is completed will be hauled off. This activity will include the installation of a concrete trickle pan and erosion control - inlet protection (Type 1) (maintained) in the detention pond. There will be stressors occurring with the grading of the detention pond at 40th and Idaho Street that will mirror those of the finish grading of Idaho Street between 40th and 42nd Streets. No additional stressors were identified. 15 1.3.5.6 finish grading Activity start date May 03, 2022 Activity end date May 13, 2022 Stressors SOIL AND SEDIMENT • Increase in dust HUMAN ACTIVITIES ■ Increase in noise • Increase in soil disturbance Description Increases in dust and noise due to construction may occur but will be temporary and kept at a minimum. . There will be soil disturbance during the final grading process. As the area being graded is already a roadway that is being maintained and traveled on the degree of increased soil compaction would be minimal. The current roadway is already graded and maintained and the final grading will take into account the elevations of the properties abutting it. Those elevations will not change. The final road elevations will be adapted to the extent necessary for proper drainage. No construction or demolition of buildings within the project area is proposed with this project so human presence would not increase. Landscaping of the properties that abut road being graded will remain as is. The grading will take place in the City's right-of-way within the footprint of the current road. The final grading will not disturb ground that was not already part of the existing roadway. The final grading will make no changes to the area that would invite new plant or animal species to move in or result in less vegetation. There are no streams in the project area. 16 1.3.5.7 install drainage structure Activity start date May 13, 2022 Activity end date May 23, 2022 Stressors SOIL AND SEDIMENT ■ Increase in dust HUMAN ACTIVITIES ■ Increase in noise ■ Increase in soil disturbance Description Drain pans, storm inlets, and manholes will be installed. Increases in dust and noise due to construction may occur but will be temporary and kept at a minimum. There will be soil disturbance. As the area in which these drainage structures will be installed is already a roadway that is being maintained and traveled on the degree of increased soil compaction would be minimal. New soil (fill dirt) will not need to be brought in. Erosion would not increase after the installation but decrease as there would be a drainage structure where before there was loose soil. No construction or demolition of buildings within the project area is proposed with this project so human presence would not increase nor would traffic increase. No streams run through the project area. No new vegetation would be introduced or removed during this project. 17 1.3.5.8 install utilities Activity start date March 23, 2022 Activity end date April 26, 2022 Stressors HUMAN ACTIVITIES ■ Increase in noise Description The existing older waterline underneath Idaho Street between 40th and 42nd Streets is being replaced before paving. The existing waterline is old and best practice is to replace it before paving. To avoid a disruption to service, the old waterline will remain in place and a new waterline installed parallel to it. When installation of the new line is completed, it will be hooked up to the current system. There will be a temporary increase in noise level during construction. 18 1.3.5.9 storm drain pipe installation Activity start date February 22, 2022 Activity end date March 22, 2022 Stressors SOIL AND SEDIMENT • Increase in dust ENVIRONMENTAL PROCESSES ■ Change in surface runoff HUMAN ACTIVITIES ■ Increase in noise ■ Increase in soil disturbance Description The drainpipe will be installed under the existing roadway in the project area. The storm drainpipe being installed, when combined with the installation of concrete drain pans, storm inlets and manholes, will carry water from the section of roadway being paved. This action will decrease erosion of the roadway and soil sedimentation. There will be soil disturbance during the installation of storm drainpipe. As that area where the drainpipe is being installed is already a roadway that is being maintained, traveled on and has utilities running underneath (a waterline) the degree of increased soil compaction would be minimal. No fill dirt is planned to be brought in so new soils will not be introduced. An existing storm water drainage system serves the rest of the project area so upland vegetation should not be changed nor would there be changes to vegetation structure or types. Increases in dust and noise due to construction may occur but will be temporary and kept at a minimum. No construction or demolition of buildings within the project area is proposed with this project so human presence or vehicle traffic would not increase. 1.3.6 Anticipated environmental stressors Describe the anticipated effects of your proposed project on the aspects of the land, air and water that will occur due to the activities above. These should be based on the activity deconstructions done in the previous section and will be used to inform the action area. 19 1.3.6.1 Animal Features Individuals from the Animalia kingdom, such as raptors, mollusks, and fish. This feature also includes byproducts and remains of animals (e.g., carrion, feathers, scat, etc.), and animal -related structures (e.g., dens, nests, hibernacula, etc.). 1.3.6.2 Plant Features Individuals from the Plantae kingdom. such as trees, shrubs, herbs, grasses. ferns, and mosses. This feature also includes products of plants (e.g., nectar, flowers, seeds, etc.). 1.3.6.3 Aquatic Features Bodies of water on the landscape, such as streams, rivers, ponds, wetlands, etc., and their physical characteristics (e.g., depth, current, etc.). This feature includes the groundwater and its characteristics. Water quality attributes (e.g., turbidity, pH, temperature, DO, nutrients, etc.) should be placed in the Environmental Quality Features. 1.3.6.4 Environmental Quality Features Abiotic attributes of the landscape (e.g., temperature, moisture, slope, aspect, etc.). 1.3.6.5 Landform (topographic) Features Topographic (landfonn) features that typically occur naturally on the landscape (e.g., cliffs, terraces, ridges, etc.). This feature does not include aquatic landscape features or man-made structures. 1.3.6.5.1 Increase in impervious surfaces ANTICIPATED MAGNITUDE The impervious surfaces being created are limited to the current footprint of Idaho Street between 40th and 42nd Streets. This section of road is being paved and sidewalks and drainage structure installed to improve drainage in the area and provide better access to services to the residents of the neighborhood in which the project occurs. The Idaho Street drainage improvements will intercept the storm water from the impervious surfaces and convey the storm water to the expanded detention pond at 40th and Idaho Street. The detention pond will take storm water flows from the contributing area and release them at a slower rate into the storm sewer reducing any possible impact to downstream wetlands. STRESSOR LOCATION 20 Ss 30TH ST 4rNL 21 LEGEND Project footprint Stressor location 22 CONSERVATION MEASURES No conservation measures for this stressor STRUCTURES AND ACTIVITIES • Sidewalk/bike path • Road 1.3.6.6 Soil and Sediment The topmost layer of earth on the landscape and its components (e.g., rock, sand, gravel, silt, etc.). This feature includes the physical characteristics of soil, such as depth, compaction, etc. Soil quality attributes (e.g, temperature, pH, etc.) should be placed in the Environmental Quality Features. 1.3.6.6.1 Increase in dust ANTICIPATED MAGNITUDE Dust from construction will likely reach most of the project area. The dust will be limited to the daytime hours with the amount varying with project activity. Construction will be taking place from mid -February 2022 through the end of June 9, 2022 when the bulk of the work will have been completed. The contractor will be required per contract (Special Conditions 3.26 Cleaning During Construction) to, among other things, wet down dry materials and rubbish to prevent blowing dust and to cover or wet loads of excavated material leaving the site to prevent blowing dust. STRESSOR LOCATION 23 ■ . a Ms : �� 9 •ssi� a it --_— _ _ ._ 18nWi0p. pa • A�■R�. aSi S LS a .1 . I w1 ,. i7 its` s• w - r a•'a ■■1 e�� J w a • Sol* • • se a■ -r I�� . J.: 4 r1Sii ® •so ! fq ■ �g r wew g4y4oa _ Ins s _ _. tSIH • - 1 . maa. . . • A is 'wino Ipy ayu.g M ®.I. I _ • S Hi H •- isa+ >v"sh I. aev uouv� . ••� N LEGEND aProject footprint Stressor location CONSERVATION MEASURES No conservation measures for this stressor STRUCTURES AND ACTIVITIES ■ Apply road surface layer ■ Finish grading ■ Install drainage structure ■ Storm drain pipe installation 1.3.6.7 Environmental Processes Abiotic processes that occur in the natural environment (e.g., erosion, precipitation, flood frequency, photoperiod, etc.). 26 1.3.6.7.1 Change in surface runoff ANTICIPATED MAGNITUDE The installation of storm drainage pipe along Idaho Street between 40th and 42nd Streets will allow for the storm water from that area to drain into the detention pond at 40th and Idaho Street rather than running uncontained down Idaho Street. All the storm water from those two blocks of Idaho Street will now flow into the detention pond where it can be released along with the storm water from the rest of the project area. The drainage improvements implemented in this project were designed to slow the release rate allowing the storm water time to potentially percolate into the outfall areas and actually improve the quality of the wetland areas by reducing the potential for scour at and below the outfall. STRESSOR LOCATIO?` _ r S 7 ± aIF bm St iiiij.:.Ltti SI sib. :'� �j'�r .%i I� ,f. - Ar r+! ,Is H. r a V O ■ d w �r :,+.r i 1:0.1 St 4/:u 9 27 LEGEND ❑ Project footprint 28 CONSERVATION MEASURES No conservation measures for this stressor STRUCTURES AND ACTIVITIES ■ Storm drain pipe installation 1.3.6.8 Human Activities Human actions in the environment (e.g., fishing, hunting, farming, walking, etc.). 29 1.3.6.8.1 Increase in noise ANTICIPATED MAGNITUDE The increase in noise level will be limited to daytime hours five days a week and temporary over the construction period of mid -February to early June. The conservation measures will ensure that there is no increased noise at night times to bother nocturnal animals such as Preble's meadow jumping mouse. STRESSOR LOCATION I , I. •® * Q/ 3 C with St -, 7 rasteR I. L' • 4othst J 4V 41s!$1 •� am .y a . u� 3�� r _ !a •1 tr ,,,,,, ,t 3 :Y �a - 7 ;ij TI tn • s .. s --. 43NSt _. 30 LEGEND Project footprint Stressor location 31 CONSERVATION MEASURES ■ Noise control STRUCTURES AND ACTIVITIES • Apply road surface layer • Finish grading • Install drainage structure • Storm drain pipe installation • Install utilities 1.3.6.8.2 Increase in soil disturbance ANTICIPATED MAGNITUDE Soil disturbance will occur at every stage of construction. Soil disturbance will be limited to the current footprint of Idaho Street between 40th and 42nd Streets and the triangular parcel of land at 40th and Idaho Streets that contains the detention pond. Soil disturbance cannot be avoided but will at least be contained to those two areas. Soil removed will be stored at the detention pond site and reused during construction. There are no plans to bring in fill dirt. Any excess soil at the completion of the project will be hauled away. STRESSOR LOCATION 32 — T C q E_ a, 0 e V r a I. r •Ne O1 a. z. an ■ CENfR45T _ _ GFNI�(Ir 'S S,2 _ II1I $? _ I li4_ 0 _ _ 1 I V- ... _ _.. _IE+rites it mu4ne� er _ a eouiaeao s. W LEGEND ❑ Project footprint Stressor location 34 CONSERVATION MEASURES No conservation measures for this stressor STRUCTURES AND ACTIVITIES • Apply road surface layer • Finish grading • Install drainage structure • Storm drain pipe installation 1.4 Action Area I Evans .Tema Iyy inn•. - i . "-. 1 slIt ' I / �a • -atom • ;M,�w� a '-• 1 1 I ■ -. . • ..� rue 35 1.5 Conservation Measures 1.5.1 bioaccumulation Description 1. Design project to avoid and/or minimize all temporary and permanent impacts to riparian and adjacent upland habitats. 2. Follow EPA's Stormwater Best Management Practice for Concrete Washout. The first item has already been accomplished. The selected design plan for the project includes the addition of water quality treatment in the Railroad Pond will provide positive storm water quality improvements for the downstream tributary. The second item, will be presented to the Prime Contractor and any subcontractors for the project at the pre -construction conference by the City of Evans. The contractor and subcontractors present will sign an acknowledgment of receipt and will be expected to monitor their implementation on the project site. Ultimately, the Project Manager, Mark Oberschmidt, PE, City of Evans be responsible for seeing these measures are followed. Resource needs ■ soil moisture/saturation Direct interactions ■ bioaccumulation 36 1.5.2 conserve vegetation Description 1. Restrict the temporary or permanent removal of vegetation to the footprint of the project area. 2. To the maximum extent practicable, avoid or minimize disturbing (e.g., crushing, trampling) or removing (e.g., cutting, clearing) all existing live vegetation. 3. Follow Best Management Practices to limit soil compaction, erosion, and sedimentation, and to prevent the spread of invasive weed species. 4. Locate staging areas and work areas within the construction site. 5. Install limits of work fencing (e.g., orange barrier netting or silt fencing), signage, or other visible markers to delineate access routes and the project area from habitats. These stipulations will be presented to the Prime Contractor and any subcontractors for the project at the pre -construction conference by the City of Evans. The contractor and subcontractors present will sign an acknowledgment of receipt and will be expected to monitor their implementation on the project site. Ultimately, the Project Manager, Mark Oberschmidt, PE, City of Evans be responsible for seeing these measures are followed. Direct interactions • burial • crushing • food sources • injury 37 1.5.3 noise control Description Construction hours will be limited to 7:00 AM - 7:00 PM Monday - Friday except with special permission from the Project Manager. This stipulation will be part of the construction contract that that the Contractor for this project will sign. The prime contractor will be responsible for enforcing this with his workers and any subcontractors. Ultimately, the Project Manager, Mark Oberschmidt, PE, City of Evans be responsible for seeing these measures are followed. Stressors ■ Increase in noise Direct interactions ■ acoustic interference ■ auditory disturbance ■ auditory interference 1.6 Prior Consultation History None. 38 1.7 Other Agency Partners And Interested Parties Interested parties invited to consult include the State Historic Preservation Office (History Colorado), Tribal governments of the Ft. Belknap Indian Community, Comanche Nation (Oklahoma), Apache Tribe of Oklahoma, Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Arapahoe Tribe of the Wind River Reservation, Cheyenne and Arapahoe Tribes (Oklahoma) and the City of Evans. Contact information: Joseph Saldibar, Arch. Services Mgr., History Colorado, 303-842-5619, joseph.saldibar@state.co.us Michael Blackwolf, THPO, Ft. Belknap Indian Community, 406-353-8471, mblackwolf@ftbelknap.org Martina Minthorn, THPO, Comanche Nation, 580-595-9618, martina.minthorn@comanchenation.com Max Bear, THPO, Cheyenne and Arapahoe Tribes, 405-422-7416, mbear@c-a- tribes.org Bobby Komardley, Chairman, Apache Tribe of Oklahoma, 405-247-2763, bkomardley@outlook.com Teanna Limpy, THPO, Northern Cheyenne Tribe, 406-477-6388, teanna.limpy@cheyennenation.com Ben Ridgley, THPO, Arapahoe Tribe of the Wind River Reservation, 307-856-4611, benridgley007@gmail.com Anne Best -Johnson, Community Dev. Director, City of Evans, 970-475-2228, abjohnson@evanscolorado.gov 1.8 Other Reports And Helpful Information There are none other. Of particular interest would be the Idaho Street Drainage Report Summary letter that has been uploaded as a supporting document. The full technical report for this project will not be available until sometime in December but, so as not to delay the consultation any further, Mark Oberschmidt, P.E., City Engineer, City of Evans prepared this summary in consultation with Darcy Tiglas, Tiglas Environmental and Shane Boyle, CivilWorx. 39 2 Species Effects Analysis This section describes, species by species, the effects of the proposed action on listed, proposed, and candidate species, and the habitat on which they depend. In this document, effects are broken down as direct interactions (something happening directly to the species) or indirect interactions (something happening to the environment on which a species depends that could then result in effects to the species). These interactions encompass effects that occur both during project construction and those which could be ongoing after the project is finished. All effects, however, should be considered, including effects from direct and indirect interactions and cumulative effects. 2.1 Eastern Black Rail 2.1.1 Status of the species This section should provide information on the species' background, its biology and life history that is relevant to the proposed project within the action area that will inform the effects analysis. 2.1.1.1 Legal status The Eastern Black Rail is federally listed as 'Threatened' and additional information regarding its legal status can be found on the ECOS species profile. 2.1.1.2 Recovery plans Available recovery plans for the Eastern Black Rail can be found on the ECOS species profile. 2.1.1.3 Life history information No description available Identified resource needs Emergent aquatic vegetation Elevation: relatively high elevation within marshes/wetlands, type: dense emergent salt, brackish and or freshwater wetland vegetation Emergent aquatic vegetation Species: spike-rush, bulrush, spartina, saltgrass, needlerush, blackgrass, time of year: march - august, type: dense emergent salt, brackish, or freshwater wetland vegetation, type: mixture of old and dead vegetation and new growth Emergent aquatic vegetation Time of year: march - august. type: dense emergent salt, brackish, or freshwater wetland vegetation, type: mixture of old and dead vegetation and new growth Invertebrates Type: small (<1cm) aquatic or terrestrial invertebrates and particularly insects Seeds Type: wetland plant seeds (e.g., typha, scirpus and spartina spp.) Soil moisture/saturation Height: <3.Ocm and type: moist to saturated substrate to very shallow water Upland areas Spatial arrangement: directly adjacent to wetlands, type: forest edge and grasslands 2.1.1.4 Conservation needs Conservation of habitat that can reduce or eliminate threats to the subspecies is the biggest need. Conservation challenges include plant communities the subspecies relied on have been altered by fire suppression, invasive species, rising sea levels and human modifications; changing temperatures affected the natural hydrology of wetlands, habitat fragmentation and conversion by humans; oil spills, chemical spills and threats from other environmental contaminants such as pesticides. Eastern Black Rail populations historically suffered from the widespread conversion and alteration of wetland habitat. Scientists believe that recent precipitous declines are being driven by sea -level rise and nest inundation from higher tidal flooding. Black Rails are ground nesters and even small increases in preferred water levels appear to prevent breeding activity. Suitable conditions can be created inland, away from the threat of sea level rise Priority actions will vary from site to site. Actions include the use of water control structures to maintain appropriate vegetation and water depth in impounded wetlands, prescribed fire to set back woody vegetation, creation of artificial freshwater sloped wetlands or wet meadows, use of dredge spoil or other materials that provide higher nesting areas in tidal marshes, and control of invasive plants in high marsh habitat. 41 2.1.2 Environmental baseline The environmental baseline describes the species' health within the action area only at the time of the consultation, and does not include the effects of the action under review. Unlike the species information provided above, the environmental baseline is at the scale of the Action area. 2.1.2.1 Species presence and use Eastern Black Rails would not likely inhabit or nest in the project area as they prefer shallow wetlands and there are no areas of shallow standing water there. There are wetlands nearby so foraging could occur. Eastern Black Rails are widely distributed, living in salt or freshwater marshes, in portions of the United States, Central America and South America. In Colorado, birds use shallow wetlands often dominated by cattails. Nest site is usually a couple of inches off the ground on a clump of vegetation often on a site slightly higher than the surrounding marsh. Partially migratory, the Eastern Black Rail winters in the southern part of its breeding range. Eastern Black Rails forage on a variety of small aquatic and terrestrial invertebrates, especially insects and seeds and are probably opportunistic foragers. Foraging most likely occurs on or near the edges of stands of emerging vegetation - both above and below the water line. 2.1.2.2 Species conservation needs within the action area Conservation of habitat that can reduce or eliminate threats to the subspecies is a priority. Steps that can be taken in the action area include suppression of invasive plant species and the preservation of wetlands through good drainage management. 42 2.12.3 Habitat condition (general) invertebrates (type: small (<1cm) aquatic or terrestrial invertebrates and particularly insects) The project action area is not in a wetland. There are insects - grasshoppers and crickets, for example. Grasshoppers thrive in warm, dry weather and their numbers were up last year throughout Colorado. upland areas (spatial arrangement: directly adjacent to wetlands. type: forest edge and grasslands) Most of the project area is urban residential and altered open space. The native vegetation has been removed and exotic and non-native trees, shrubs and herbaceous vegetation has replaced it. Due to heavy use by human activity, weedy annual and biennial comprise much of the vegetation in public use areas and along exposed soil near and along streets such as Golden Street. The area is directly adjacent to wetlands. No forests in the action area. Supporting documentation ■ 21-3 Wetlands Map 2.1.2.4 Influences Historically, the primary stressors to the eastern black rail included habitat degradation and fragmentation from conversion of marshes and wetlands to agricultural lands or urban areas. Habitat degradation and resulting wetland loss from ditching and draining of marshes for mosquito control is not a current major stressor. Although the conversion of wetlands to agricultural and urban areas has slowed, development activities continue to result in wetland loss and degradation. Flooding is a frequent cause of nest failure for eastern black rails as water levels must be lower than nests during egg -laying and incubation in order for nests to be successful. There was a major flood of the South Platte River in September 2013 that caused a lot of damage along the river basin. Future risk factors will be increasing demands on groundwater withdrawals, which will reduce soil moisture and surface water, and thus negatively impact wetland habitat. Also, warmer and drier conditions (associated with projected drought increases) will reduce overall habitat quality for the eastern black rail. 43 2.1.2.5 Additional baseline information Most of the project area is urban residential and altered open space. The native vegetation has been removed and exotic and non-native trees, shrubs and herbaceous vegetation has replaced it. There is some agricultural land to the south. Riverside Park, east and south of the action area was devastated by the 2013 flood. Riverside Park underwent an extensive restoration project in 2016. 2.1.3 Effects of the action This section considers and discusses all effects on the listed species that are caused by the proposed action and are reasonably certain to occur, including the effects of other activities that would not occur but for the proposed action. 2.1.3.1 Indirect interactions RESOURCE $ STRESSORS CONSERVATION AMOUNT OF INDIVIDUALS NEED MEASURES r RESOURCE AFFECTED IMPACTED Emergent aquatic This resource is not There will be no vegetation (elevation: present in the action impacts to this relatively high area resource, so no elevation within USFWS wetland individuals will be marshes/wetlands, map showed no affected. type: dense emergent wetlands in the salt, brackish and or project action area. freshwater wetland vegetation) Emergent aquatic vegetation (species: spike-rush, bulrush, spartina, saltgrass, needlerush, blackgrass, time of year: march - august, type: dense emergent salt, brackish, or freshwater wetland vegetation, type: mixture of old and dead vegetation and new growth) This resource is not present in the action area A USFWS wetlands map shows no wetlands in the project area. There will be no impacts to this resource, so no individuals will be affected. 44 RESOURCE STRESSORS CONSERVATION AMOUNT OF INDIVIDUALS NEED c MEASURES t RESOURCE AFFECTED IMPACTED Emergent aquatic This resource is not There will be no vegetation (time of present in the action impacts to this year: march - august, area resource, so no type: dense emergent A USFWS wetlands individuals will be salt, brackish, or map shows no affected. freshwater wetland wetlands in the vegetation, type: project area. mixture of old and dead vegetation and new growth) Invertebrates (type: No exposure path There will be no small (<1cm) aquatic impacts to this or terrestrial resource, so no invertebrates and individuals will be particularly insects) affected. 45 RESOURCE' G STRESSORS CONSERVATION AMOUNT OF INDIVIDUALS NEED MEASURES RESOURCE € AFFECTED IMPACTED Seeds (type: wetland This resource is not There will be no plant seeds (e.g., present in the action impacts to this typha, scirpus and area resource, so no spartina spp.)) As the nearest individuals will be wetlands to the affected. project area is 1/4 - 1/2 mile away, it would be surprising to find wetland plant seeds in the action area in any measurable amounts. Soil moisture/ This resource is not There will be no saturation (height: present in the action impacts to this <3.0cm and type: area resource, so no moist to saturated While the area does individuals will be substrate to very have a high water affected. shallow water) table, currently the area is very dry. Weld County is experiencing a severe drought (NIDIS, NOAA) The action area has no wetlands. 46 RESOURCE I STRESSORS CONSERVATION AMOUNT OF INDIVIDUALS NEED I MEASURES RESOURCE I AFFECTED IMPACTED Upland areas (spatial No exposure path There will be no arrangement: directly impacts to this adjacent to wetlands, resource, so no type: forest edge and individuals will be grasslands) affected. 2.1.3.2 Direct interactions DIRECT IMPACT CONSERVATION INDIVIDUALS IMPACT MEASURES IMPACTED `F EXPLANATION Acoustic interference Noise control Yes The acoustic interference will be the result of noise from construction activities. The noise is a temporary condition. The bulk of the work will be from mid to late February through early June, 2022. Construction hours, and thus noise hours, will be limited to 7:00 AM - 7:00 PM Monday - Friday except with special permission form the Project Manager. The breeding season of the Eastern Black Rail is from mid -May through mid - August. The project area is 1/4 - 1/2 mile from the nearest wetlands which is the preferred habitat for Eastern Black Rails. The distance alone will mitigate some of the disturbance. Auditory disturbance Noise control Yes The auditory disturbance will be a direct result of noise from construction activities. The noise is a temporary condition. The bulk of the work will be from mid to late February through May 30, 2022. Construction hours, and thus noise hours, will be limited to 7:00 AM - 7:00 PM Monday - Friday except with special permission form the Project Manager. The breeding season of the 47 DIRECT IMPACT CONSERVATION y INDIVIDUALS IMPACT MEASURES IMPACTED EXPLANATION Eastern Black Rail is from mid -May through mid - August, The project area is 1/4 - 1/2 mile from the nearest wetlands which is the preferred habitat for Eastern Black Rails. The distance alone will mitigate some of the disturbance. Auditory interference Noise control Yes The auditory interference is the result of noise from construction activities. The noise is a temporary condition. The bulk of the work will be from mid to late February through May 30, 2022. Construction hours, and thus noise hours, will be limited to 7:00 AM - 7:00 PM Monday - Friday except with special permission form the Project Manager. The breeding season of the Eastern Black Rail is from mid -May through mid- August. The project area is 1/4 - 1/2 mile from the nearest wetlands which is the preferred habitat for Eastern Black Rails. The distance alone will mitigate some of the disturbance. Bioaccumulation Bioaccumulation No This conservation measure is designed to have a neutral or even beneficial outcome. 48 2.1.4 Cumulative effects The City of Evans is planning future storm water projects in Denver, 39th and 40th Streets within the project area that will also convey storm water to the Railroad Pond further reducing the overall flow rate from this part of east Evans to the Riverside Pond. [Currently the storm water from Railroad Pond flows east along 40th Street then south along Golden Street to Riverside Pond]. In addition, with those future projects, a Water Quality structure will be installed at the pond outlet to further improve the overall water quality leaving the pond and reaching the South Platte River. This was stated in the Idaho Street Drainage Report Summary letter written by Mark Oberschmidt, PE, City Engineer dated Nov. 19, 2021. These projects may or may not involve Federal activities. That is unknown at this point. These efforts will help protect and maybe even improve the quality of the wetlands nearby the action area. 2.1.5 Discussion and conclusion Determination: NLAA Compensation measures Minimizing impacts by limiting the degree or magnitude of the action and its implementation. 2.2 Monarch Butterfly 2.2.1 Status of the species This section should provide information on the species' background, its biology and life history that is relevant to the proposed project within the action area that will inform the effects analysis. 2.2.1.1 Legal status The Monarch Butterfly is federally listed as 'Candidate' and additional information regarding its legal status can be found on the ECOS species profile. 2.2.1.2 Recovery plans Available recovery plans for the Monarch Butterfly can be found on the ECOS species profile. 49 2.2.1.3 Life history information Note - the monarch is a candidate species and not yet listed or proposed for listing. There are generally no section 7 requirements for candidate species (see our Section 7 Questions and Answers on the monarch here - https://www.fws.gov/savethemonarch/ FAQ-Section7.html), but we encourage all agencies to take advantage of any opportunity they may have to conserve the species. For information on monarch conservation, visit https://www.fws.gov/savethemonarch/, http://www.mafwa.org/?page_id=2347, and, for the West, https://wafwa.org/committees- working-groups/monarch-working-group/. Adult monarch butterflies are large and conspicuous, with bright orange wings surrounded by a black border and covered with black veins. The black border has a double row of white spots, present on the upper side of the wings. Adult monarchs are sexually dimorphic, with males having narrower wing venation and scent patches. The bright coloring of a monarch serves as a warning to predators that eating them can be toxic. During the breeding season, monarchs lay their eggs on their obligate milkweed host plant (primarily Asclepias spp.), and larvae emerge after two to five days. Larvae develop through five larval instars (intervals between molts) over a period of 9 to 18 days, feeding on milkweed and sequestering toxic chemicals (cardenolides) as a defense against predators. The larva then pupates into a chrysalis before emerging 6 to 14 days later as an adult butterfly. There are multiple generations of monarchs produced during the breeding season, with most adult butterflies living approximately two to five weeks; overwintering adults enter into reproductive diapause (suspended reproduction) and live six to nine months. In many regions where monarchs are present, monarchs breed year-round. Individual monarchs in temperate climates, such as eastern and western North America, undergo long-distance migration, and live for an extended period of time. In the fall, in both eastern and western North America, monarchs begin migrating to their respective overwintering sites. This migration can take monarchs distances of over 3,000 km and last for over two months. In early spring (February -March), surviving monarchs break diapause and mate at the overwintering sites before dispersing. The same individuals that undertook the initial southward migration begin flying back through the breeding grounds and their offspring start the cycle of generational migration over again. Identified resource needs Nectar Adult monarch butterflies require a diversity of blooming nectar resources 50 2.2.1.4 Conservation needs Habitat loss and fragmentation has occurred throughout the monarch's range. Pesticide use can destroy the milkweed monarchs need to survive. A changing climate has intensified weather events which may impact monarch populations. 2.2.2 Environmental baseline The environmental baseline describes the species' health within the action area only at the time of the consultation, and does not include the effects of the action under review. Unlike the species information provided above, the environmental baseline is at the scale of the Action area. 2.2.2.1 Species presence and use Monarch Butterflies may migrate through the area. They pass through the area in the fall on their way south. Their spring migration takes place between March and June in Eastern Colorado. Native milkweed and other nectar sources provide monarchs with resting and refueling stops during migration. 2.2.2.2 Species conservation needs within the action area Protection of the plants including milkweed that sustain Monarchs and give them a place to rest on during their migration. Maintain nectar source diversity. 2.2.2.3 Habitat condition (general) nectar (Adult monarch butterflies require a diversity of blooming nectar resources) Most of the blooming flowers are in landscaped yards. As the project area is so developed, many of the native plants, like the milkweed, are harder to find. Monarchs migrate through Colorado starting from September to mid -October when not so many flowers are blooming. 2.2.2.4 Influences The rise of non-native plant species and the use of pesticides and herbicides. 51 2.2.2.5 Additional baseline information The project action area lies above the 100- year floodplain of the South Platte River. Most of the project area is urban residential and altered open space. The native vegetation has been removed and exotic and non-native trees, shrubs and herbaceous vegetation has replaced it. Due to heavy use by human activity, weedy annual and biennial comprise much of the vegetation in public use areas and along exposed soil near and along streets such as Golden Street. 2.2.3 Effects of the action This section considers and discusses all effects on the listed species that are caused by the proposed action and are reasonably certain to occur, including the effects of other activities that would not occur but for the proposed action. 2.2.3.1 Indirect interactions RESOURCE STRESSORS CONSERVATION AMOUNT OF R INDIVIDUALS NEED MEASURES RESOURCE M AFFECTED IMPACTED Nectar (adult monarch No exposure path There will be no butterflies require a impacts to this diversity of blooming resource, so no nectar resources) individuals will be affected. 2.2.3.2 Direct interactions DIRECT IMPACT CONSERVATION INDIVIDUALS IMPACT MEASURES IMPACTED EXPLANATION Food sources Conserve vegetation No Conservation measures should be sufficient to protect nectar sources for the Monarch Butterfly from damage. 52 2.2.4 Cumulative effects The City of Evans is planning future storm water projects in Denver, 39th and 40th Streets within the project area that will also convey storm water to the Railroad Pond further reducing the overall flow rate from this part of east Evans to the Riverside Pond. [Currently the storm water from Railroad Pond flows east along 40th Street then south along Golden Street to Riverside Pond]. In addition, with those future projects, a Water Quality structure will be installed at the pond outlet to further improve the overall water quality leaving the pond and reaching the South Platte River. This was stated in the Idaho Street Drainage Report Summary letter written by Mark Oberschmidt, PE, City Engineer dated Nov. 19, 2021. These projects may or may not involve Federal activities. That is unknown at this point. These efforts will have little effect on the Monarch Butterflies. 2.2.5 Discussion and conclusion Determination: NLAA Compensation measures Minimizing impacts by limiting the degree or magnitude of the action and its implementation. 2.3 Pallid Sturgeon This species has been excluded from analysis in this environmental review document. Justification for exclusion This species only needs to be considered under the following conditions: project includes water -related activities and/or use in the N. Platte, S. Platte, and Laramie River Basins which may affect listed species in Nebraska. The project area lies north of the S. Platte River but outside of the S. Platte River Basin. The project has been designed to have no adverse effect and possibly a beneficial effect on nearby wetlands. 53 2.4 Piping Plover This species has been excluded from analysis in this environmental review document. Justification for exclusion This species only needs to be considered under the following conditions: project includes water -related activities and/or use in the N. Platte, S. Platte, and Laramie River Basins which may affect listed species in Nebraska. The project area lies north of the S. Platte River but outside of the S. Platte River Basin. The project has been designed to have no adverse effect and possibly a beneficial effect on nearby wetlands. 2.5 Preble's Meadow Jumping Mouse 2.5.1 Status of the species This section should provide information on the species' background, its biology and life history that is relevant to the proposed project within the action area that will inform the effects analysis. 2.5.1.1 Legal status The Preble's Meadow Jumping Mouse is federally listed as 'Threatened' and additional information regarding its legal status can be found on the ECOS species profile. 2.5.1.2 Recovery plans Available recovery plans for the Preble's Meadow Jumping Mouse can be found on the EGOS species profile. 54 2.5.1.3 Life history information The Preble's meadow jumping mouse (Preble's or PMJM) is a small mammal approximately 9 inches in length with large hind feet adapted for jumping, a long bicolored tail (which accounts for 60% of its length), and a distinct dark stripe down the middle of its back which is bordered on either side by gray to orange -brown fur. To evade predators, the mouse can jump up to three feet. Identified resource needs Arthropods Small arthropods living in riparian habitats Riparian vegetation Riparian areas located within grassland, shrub land, forest, and mixed vegetation types where dense herbaceous or woody vegetation occurs near the ground level, where available open water exists Seeds Preble's mouse may consume seeds of threesquare, spikerush, saltgrass, foxtail barley (hordeurn spp.), wildrye and wheatgrass, brome and knotgrass Upland areas Adjacent to riparian habitat, ample width and quality for foraging 2.5.1.4 Conservation needs Loss of riparian habitats and other factors associated with urbanization appear to be the major threat to the subspecies. 2.5.2 Environmental baseline The environmental baseline describes the species' health within the action area only at the time of the consultation, and does not include the effects of the action under review. Unlike the species information provided above, the environmental baseline is at the scale of the Action area. 2.5.2.1 Species presence and use Preble's meadow jumping mouse may occupy the project's action area given its proximity to the South Platte River and use it for breeding and foraging. This largely nocturnal mouse lives primarily in heavily vegetated, shrub dominated riparian (streamside) habitats and immediately adjacent upland habitats along the foothills of southeastern Wyoming south to Colorado Springs along the eastern edge of the Front Range of Colorado. The Preble's mouse enters hibernation in September or October and doesn't emerge until May. It's diet changes seasonally and consists of insects, seeds, fungus, fruit and more. The Colorado breeding season is believed to be June though August with two litters - in July and August. Litter size is 5 but can range from 2-8. 55 2.5.2.2 Species conservation needs within the action area Conservation of upland area habitat and the native grasses and plants that provide seeds for the Preble's diet, would be a priority in the action area. Preble's forages in upland areas. Conservation strategies from the recovery plan that pertain to the action area would be working with county commissions and land planners to promote low -impact development; implementing education campaigns to make public aware of issues to wildlife from secondary impacts and distributing information to and through county weed managers regarding the impacts of pesticides and herbicides on Preble's mouse. 2.5.2.3 Habitat condition (general) arthropods (Small arthropods living in riparian habitats) The project action area is uplands so suitable for most arthropods except for crustaceans which would be found in wetlands. riparian vegetation (riparian areas located within grassland. shrub land, forest. and mixed vegetation types where dense herbaceous or woody vegetation occurs near the ground level, where available open water exists Most of the project area is urban residential and altered open space. The native vegetation has been removed and exotic and non-native trees, shrubs and herbaceous vegetation has replaced it. There is some agricultural land to the south. The denser vegetation occurs nearer the South Platte River and in the nearby wetlands. seeds (Preble's mouse may consume seeds of threesquare. spikerush. saltgrass. foxtail barley (Hordeum spp.). wildrye and wheatgrass. brome and knotgrass) Most tall grasses and native plants are found along the railroad right-of-way that forms the western border of the project area. Threesquare, saltgrass and spikerush do not occur here in the project area - too dry. upland areas (Adjacent to riparian habitat. amole width and quality for foraging) The best areas for foraging in the project area are the tall grasses and plants along the railroad tracks. However, freight trains run through the area frequently blowing their whistles. The project area has little undeveloped space. Plants in open areas except near the railroad tracks are usually kept mowed. 2.5.2.4 Influences Habitat fragmentation, the rise of non-native plants, use of pesticides and herbicides, threats from floods. a 2.5.2.5 Additional baseline information The project action area lies above the 100- year floodplain of the South Platte River. Most of the project area is urban residential and altered open space. The native vegetation has been removed and exotic and non-native trees, shrubs and herbaceous vegetation has replaced it. Due to heavy use by human activity, weedy annual and biennial comprise much of the vegetation in public use areas and along exposed soil near and along streets such as Golden Street. 2.5.3 Effects of the action This section considers and discusses all effects on the listed species that are caused by the proposed action and are reasonably certain to occur, including the effects of other activities that would not occur but for the proposed action. 2.5.3.1 Indirect interactions RESOURCE STRESSORS CONSERVATION AMOUNT OF INDIVIDUALS NEED MEASURES ? RESOURCE AFFECTED IMPACTED Arthropods (small No exposure path There will be no arthropods living in impacts to this riparian habitats) resource, so no individuals will be affected. Riparian vegetation No exposure path (riparian areas located within grassland, shrub land, forest, and mixed vegetation types where dense herbaceous or woody vegetation occurs near the ground level, where available open water exists ) There will be no impacts to this resource, so no individuals will be affected. 57 RESOURCE STRESSORS CONSERVATION t AMOUNT OF INDIVIDUALS NEED x MEASURES RESOURCE AFFECTED ₹ A IMPACTED Seeds (preble's mouse No exposure path There will be no may consume seeds of impacts to this threesquare, resource, so no spikerush, saltgrass, individuals will be foxtail barley affected. (hordeum spp.), wildrye and wheatgrass, brome and knotgrass) Upland areas No exposure path There will be no (adjacent to riparian impacts to this habitat, ample width resource, so no and quality for individuals will be foraging) affected. 2.5.3.2 Direct interactions DIRECT IMPACT CONSERVATION INDIVIDUALS IMPACT MEASURES IMPACTED EXPLANATION Acoustic interference Noise control Yes The acoustic interference will be the result of noise from construction activities. The noise is a temporary condition. The bulk of the work will be from mid to late February through May 30, 2022. Construction hours, and thus noise hours, will be limited to 7:00 AM - 7:00 PM Monday - Friday except with special permission form the Project Manager. Preble's hibernates from mid - October to early May. Preble's that are hibernating in the area may be affected. 58 DIRECT IMPACT CONSERVATION INDIVIDUALS ° IMPACT MEASURES IMPACTED EXPLANATION Auditory disturbance Noise control Yes The auditory disturbance will be the result of noise from construction activities. The noise is a temporary condition. The bulk of the work will be from mid to late February through May 30, 2022. Construction hours, and thus noise hours, will be limited to 7:00 AM - 7:00 PM Monday - Friday except with special permission form the Project Manager. Preble's hibernates from mid - October to early May. Preble's that are hibernating in the area may be affected. Auditory interference Noise control Yes The auditory interference will be the result of noise from construction activities. The noise is a temporary condition. The bulk of the work will be from mid to late February through May 30, 2022. Construction hours, and thus noise hours, will be limited to 7:00 AM - 7:00 PM Monday - Friday except with special permission form the Project Manager. Preble's hibernates from mid - October to early May. Preble's that are hibernating in the area may be affected. Bioaccumulation Bioaccumulation No This conservation measure is designed to have a neutral or even beneficial outcome. 59 2.5.4 Cumulative effects The City of Evans is planning future storm water projects in Denver, 39th and 40th Streets within the project area that will also convey storm water to the Railroad Pond further reducing the overall flow rate from this part of east Evans to the Riverside Pond. [Currently the storm water from Railroad Pond flows east along 40th Street then south along Golden Street to Riverside Pond]. In addition, with those future projects, a Water Quality structure will be installed at the pond outlet to further improve the overall water quality leaving the pond and reaching the South Platte River. This was stated in the Idaho Street Drainage Report Summary letter written by Mark Oberschmidt, PE, City Engineer dated Nov. 19, 2021. These projects may or may not involve Federal activities. That is unknown at this point. These efforts will help protect and maybe even improve the quality of the wetlands nearby the action area. 2.5.5 Discussion and conclusion Determination: NLAA Compensation measures Minimizing impacts by limiting the degree or magnitude of the action and its implementation. To do so, the City of Evans plans to follow the conservation measures outlined in the General Project Design Guidelines for Preble's Meadow Jumping Mouse provided by the USFWS. Relevant documentation ■ General Project Design Guidelines Prebles Meadow Jumping Mouse 2.6 Ute Ladies' -Tresses 2.6.1 Status of the species This section should provide information on the species' background, its biology and life history that is relevant to the proposed project within the action area that will inform the effects analysis. 2.6.1.1 Legal status The Ute Ladies' -tresses is federally listed as 'Threatened' and additional information regarding its legal status can be found on the ECOS species profile. 60 2.6.1.2 Recovery plans Available recovery plans for the Ute Ladies' -tresses can be found on the ECOS species profile. 2.6.1.3 Life history information Ute ladies -tresses is a perennial herb with erect, glandular -pubescent stems 12-60 cm tall arising from tuberous -thickened roots. Basal leaves are narrowly linear, up to 1 cm wide and 28 cm long, and persist at the time of flowering. Leaves become progressively smaller up the stem and are alternate. The inflorescence is a sparsely pubescent 3-15 cm long spike of numerous small white or ivory -colored flowers arranged in a gradual spiral. Individual flowers are 7.5-15 mm long and faintly fragrant (with a vanilla -like scent). The lip petal is oval to lance -shaped, narrowed at the middle, and has crispy -wavy margins. Sepals are separate or fused only at the base (not fused into a hood -like structure) and are often spreading at their tips. Fruits are cylindric capsules with numerous seeds. The species occurs in Colorado, Idaho, Montana, Nebraska, Nevada, Utah, Washington, and Wyoming. Identified resource needs Hydrology Seasonality: perennially or seasonally wet and water table: high Insects Species: bees and time of year: july-october Mycorrhizae Soil Percent moisture: perennially or seasonably wet, ph level: neutral, substrate size: alluvial silt and sand or clay Soil moisture/saturation Sunlight Vegetation structure Structure: early to raid successional 2.6.1.4 Conservation needs The principal conservation need of the Ute Ladies -tresses is to maintain hydrologic and vegetation community conditions in floodplain wet meadows or assurance of the continual creation and evolution of these options. Manage watersheds to perpetuate or enhance viable populations of the orchid. Protect and manage Ute Ladies -tresses populations wherever found. 61 2.6.2 Environmental baseline The environmental baseline describes the specieshealth within the action area only at the time of the consultation, and does not include the effects of the action under review. Unlike the species information provided above, the environmental baseline is at the scale of the Action area. 2.6.2.1 Species presence and use Ute Ladies' -tresses are unlikely to occur in the project's action area. The project area is not in a wetland (although there are nearby wetlands). Ute Ladies' -tresses is a perennial, terrestrial orchid that blooms from late July through August. The orchid occurs along riparian edges, gravel bars and old oxbows, high flow channels, and moist to wet meadows along perennial springs. It typically occurs in stable wetland and seepy areas associated with old landscape features within historical floodplains of major rivers. 2.6.2.2 Species conservation needs within the action area Protect Ute Ladies -tresses populations wherever found. Practice good storm water management to perpetuate nearby wetlands. 62 2.6.2.3 Habitat condition (general) hydrology (seasonality: perennially or seasonally wet and water table: high) The water table in the project action area is high however it is being impacted by a severe drought in the area. Currently the area is very dry. Historically, the rainy season is April, May and early June which may give rise to seasonably wet areas. insects (species: bees and time of year: uly-October) Colorado is positioned on the western edge of the Great Plains where it hosts many bee species associated with prairies, such as Bombus fraternus. Bees fly in Colorado from late March through mid -October. Many, if not most, species overwinter as mature larvae within nest cells. Most native bee species are polylectic, that is, they collect pollen from a wide variety of plant species in many plant families. These polylectic species are not tied directly to the life cycle of a particular plant taxon, so these bees and their colonies tend to be relatively long-lived, active throughout the flowering season, and broadly distributed. Weld County has seven species of bumblebee, Bombus fraternus, B. auricomus, B. fervidus, B. griseocollis, B, morrisoni, B. nevadensis, B. pensylvanicus. All are polylectic and all nest either on the ground or underground except for B. fervidus who nests on the ground, above ground or underground. Flight periods vary with the species as noted below: Flight Periods for B. fraternus: Queens: Fly early May through early July (and presumably in the fall) but most abundantly throughout all of June. Males: Fly early August to early October. Workers (females): Fly early June through early September but most abundantly from late July through early September; Flight Periods for B. auricomus: Queens: Fly in spring, early summer, and fall; Flight Periods for B. fervidus: Queens: Fly late April through late September but most abundantly throughout all of May and all of June. Males: Fly early July through late September but most abundantly throughout August and September. Workers (females): Fly late May through early October but most abundantly from late June through early September; Flight Periods for B. griseocollis: Queens: Fly early May through early August but most abundantly in early June. Males: Fly early August through early October but most abundantly in all of August and early September. Workers (females): Fly early June through late September but most abundantly in all of June, early July, and early August; Flight Periods for B. morrisoni: Queens: Fly late April through early July but most abundantly in all of May and early June. Males: Fly early August through early October (with 1 specimens collected in early November) but most abundantly in late August and all of September. Workers (females): Fly late May through late September but most abundantly in early July plus all of August and early September; 63 Flight Periods for B. nevadensis: Queens: Fly early April through early September but most abundantly in late May, all of June, and early July. Males: Fly late June through late August but most abundantly in late July and early August. Workers (females): Fly late May through late August but most abundantly in all of June and all of July; Flight Periods for B. pensylvanicus: Queens: Fly late April through late September but most abundantly in all of May and early June. Males: Fly early August to early October but most abundantly in early August plus early September, late September, and early October. Workers (females): Fly late June through early October but most abundantly in all of August and early September. Many bumble bees are experiencing habitat loss due to agriculture. The increase in monoculture has led to an overall decrease in floral resources suitable for bumble bees. The nesting behavior of bumble bees is also threatened, as farming practice can destroy both above -ground nests and the rodents that build areas for below -ground nests. Pesticides are well known to cause honey bee declines, but similar effects will occur with bumble bees. mycorrhizae Mycorrhizae is found in the soil and in roots of vascular plants. Nearly all plant communities contain arbuscular mycorrhizal fungi. Arbuscular mycorrhizas are the most widespread fungal symbionts of plants being associated with more than 80% of current land plants. The Glomeromycota species that have arbuscular mycorrhizal are terrestrial and widely distributed in soils worldwide where they form symbioses with the roots of the majority of plant species. soil (percent moisture: perennially or seasonably wet. ph level: neutral, substrate size: alluvial silt and sand or clay) The project action area soil is sandy loam, alkaline and underlaid by a bed of fine, sharp gravel. The project action area has a high water table and is seasonally wet. soil moisturelsaturation The project area has a high water table however the area is very dry now. There are no perennially wet areas. Soil moisture level is variable. The heaviest rainfall in the area occurs in the spring. Currently this area of Weld County is experiencing a severe drought (NIDIS, NOAA). Surface water levels are low and river flow is reduced. sunlight The quality and quantity of sunlight is good. The project area receives 244 sunny days a year. Fall, spring and summer are typically bright and sunny. vegetation structure (structure: early to mid successional) There are mostly non-native trees and shrubs scattered about within the project area. Most are planted near buildings as part of a landscaped yard. 64 2.6.2.4 Influences Flooding is a threat to this species. In September of 2013 there was a major flood along the South Platte River. Riverside Park that sits along the river was destroyed. Historically the floodplain had been separated from the river by a berm which breached in 2013, resulting in greater flood damage. After the flood, the City of Evans lowered portions of the park increasing floodplain capacity. in 2016, the City embarked on a project to restore much of the riparian habitat. 2.6.2.5 Additional baseline information The project action area lies above the 100- year floodplain of the South Platte River. Most of the project area is urban residential and altered open space. The native vegetation has been removed and exotic and non-native trees, shrubs and herbaceous vegetation has replaced it. 2.6.3 Effects of the action This section considers and discusses all effects on the listed species that are caused by the proposed action and are reasonably certain to occur, including the effects of other activities that would not occur but for the proposed action. 2.6.3.1 Indirect interactions RESOURCE STRESSORS CONSERVATION AMOUNT OF INDIVIDUALS NEED MEASURES RESOURCE AFFECTED IMPACTED Hydrology No exposure path There will be no (seasonality: impacts to this perennially or resource, so no seasonally wet and individuals will be water table: high) affected. Insects (species: bees No exposure path and time of year: july- october) There will he no impacts to this resource, so no individuals will be affected. 65 rt3UU1LC, au flu individuals will be affected. Soil (percent No exposure path moisture: perennially or seasonably wet, ph level: neutral, substrate size: alluvial silt and sand or clay) There will be no impacts to this resource, so no individuals will be affected. Soil moisture/ Increase in impervious Bioaccumulation There will be a Unknown. Ute saturation surfaces decrease in soil Ladies' -tresses have Increase in soil moisture/saturation not been observed disturbance over a two -block in the project area. section of unpaved The project action roadway as a result area is uplands - of the proposed drier habitat than project. The project what they prefer. proposes to pave This orchid is more Idaho Street likely found in the between 40th and nearby wetlands. 42nd Streets install sidewalks along and construct a storm water drainage system underneath. After project completion, storm water runoff from the newly paved road will be diverted to the detention pond at 40th and Idaho Streets where it will remain until slowly released into another detention pond then eventually into the outfall areas. 66 RESOURCE y STRESSORS CONSERVATION AMOUNT OF INDIVIDUALS NEED MEASURES RESOURCE AFFECTED i IMPACTED Sunlight No exposure path There will he no impacts to this resource, so no individuals will be affected. Vegetation structure No exposure path (structure: early to mid successional) 2.6.3.2 Direct interactions There will be no impacts to this resource, so no individuals will be affected. DIRECT IMPACT CONSERVATION INDIVIDUALS IMPACT MEASURES IMPACTED EXPLANATION Burial Conserve vegetation No The conservation measures should be sufficient to prevent this during construction. Crushing Conserve vegetation Yes The conservation measures should be sufficient to prevent this during construction. Injury Conserve vegetation No The conservation measures should be sufficient to prevent this during construction. 67 2.6.4 Cumulative effects The City of Evans is planning future storm water projects in Denver, 39th and 40th Streets within the project area that will also convey storm water to the Railroad Pond further reducing the overall flow rate from this part of east Evans to the Riverside Pond. [Currently the storm water from Railroad Pond flows east along 40th Street then south along Golden Street to Riverside Pond]. In addition, with those future projects, a Water Quality structure will be installed at the pond outlet to further improve the overall water quality leaving the pond and reaching the South Platte River. This was stated in the Idaho Street Drainage Report Summary letter written by Mark Oberschmidt, PE, City Engineer dated Nov. 19, 2021. These projects may or may not involve Federal activities. That is unknown at this point. These efforts will help protect and maybe even improve the quality of the wetlands nearby the action area. 2.6.5 Discussion and conclusion Determination: NLAA Compensation measures Minimizing impacts by limiting the degree or magnitude of the action and its implementation. 2.7 Western Prairie Fringed Orchid This species has been excluded from analysis in this environmental review document. Justification for exclusion This species only needs to be considered under the following conditions: project includes water -related activities and/or use in the N. Platte, S. Platte, and Laramie River Basins which may affect listed species in Nebraska. The project area lies north of the S. Platte River but outside of the S. Platte River Basin. The project has been designed to have no adverse effect and possibly a beneficial effect on nearby wetlands. 2.8 Whooping Crane This species has been excluded from analysis in this environmental review document. Justification for exclusion This species only needs to be considered under the following conditions: project includes water -related activities and/or use in the N. Platte, S. Platte, and Laramie River Basins which may affect listed species in Nebraska. The project area lies north of the S. Platte River but outside of the S. Platte River Basin. The project has been designed to have no adverse effect and possibly a beneficial effect on nearby wetlands. 3 Critical Habitat Effects Analysis No critical habitats intersect with the project action area. 70 4 Summary Discussion, Determinations Conclusion, And Effect 4.1 Effect Determination Summary SPECIES SCIENTIFIC LISTING PRESENT IN EFFECT (COMMON NAME STATUS ACTION AREA DETERMINATION NAME) Eastern Black Rail Laterallus jamaicensis Threatened Yes NLAA ssp. jamaicensis Monarch Butterfly Danaus plexippus Candidate Yes NLAA Pallid Sturgeon Scaphirhynchus albus Endangered No NE Piping Plover Charadrius melodus Threatened No NE Preble's Meadow Zapus hudsonius Threatened Yes NLAA Jumping Mouse preblei Ute Ladies' -tresses Spiranthes diluvialis Threatened Yes NLAA Western Prairie Platanthera praeclara Threatened No NE Fringed Orchid Whooping Crane Grus americana Endangered ; No NE 4.2 Summary Discussion There are no critical habitats that need to be considered. For the four species that the proposed project may impact, the eastern black rail, Monarch butterfly, Preble's meadow jumping mouse and Ute Ladies' - tresses, overall effects to these species as identified earlier though species analysis are as below. For the eastern black rail possible overall effects include acoustic interference, auditory disturbances, auditory interference, bioaccumulation. For the Monarch butterfly none identified. For Preble's meadow jumping mouse possible overall effects include acoustic interference, auditory disturbances, auditory interference, bioaccumulation. For Ute Ladie's - tresses possible overall effects include concerns about soil moisture/ saturation (resource need) and possible burying, crushing, injuring individual plants or plant colonies. 71 4.3 Conclusion Eastern black rail: Conservation of habitat that can reduce or eliminate threats to the subspecies has been identified as a priority. Steps that can be taken in the project action area include suppression of invasive plant species and the preservation of wetlands through good storm water management practices. For the suppression of invasive plant species, conservation measures have been propose to avoid and minimize potential effects. Regarding storm water, the project has been designed to provide positive storm water quality improvements for the downstream tributary. These steps will result in this project having no adverse effect on this species. Monarch butterfly: Protection of the plants including milkweed that sustain Monarchs and give them a place to rest on during their migration and maintaining nectar source diversity were identified as top priorities. Conservation measures have been proposed to avoid and minimize these potential effects. These measures, when implemented, will result in the project having no adverse effect on this species. Preble's meadow jumping mouse: Conservation of upland area habitat and the native grasses and plants that provide seeds for the Preble's diet are a priority. To minimize impacts to Preble's the City of Evans has adopted the conservation measures outlined in the General Project Design Guidelines for Preble's Meadow Jumping Mouse provided by the USFWS. This action including the limitation of work to daylight hours to avoid disrupting the Preble's nocturnal activities, as called for in the construction contract, will result in the project having no adverse effect on this species. Ute Ladie's - tresses: Protecting Ute Ladies -tresses populations wherever found and practicing good storm water management to perpetuate nearby wetlands were identified as priorities. Conservation measures have been proposed to protect all native plant life in the project area and the project has been designed to provide positive storm water quality improvements for the downstream tributary. These steps will result in this project having no adverse effect on this species. 72 Subject: FW: [EXTERNAL] Consultation on Idaho Street Project, Evans, CO 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. Ms. Martin, My sincerest apologies. Steve's message came while I was on leave & I have not made it that far (or very far) down my inbox. I am cc'ing Rob Doster, our Deputy Chief for Migratory Birds, on this email to have this assigned/reviewed expeditiously. Can you please share your timeline so we can better accommodate this request? Thank you, Brian W. Smith USFWS Mountain -Prairie Region Deputy Assistant Regional Director (Acting) Migratory Birds & Science Applications Cell: 303-656-6117 E-mail: Brian_W_Smith(@fws.gov From: Cynthia Martin <cmartin(@weldgov.com> Sent: Thursday, December 9, 2021 3:22 PM To: Smith, Brian W <brian_w_smith(@fws.gov> Subject: [EXTERNAL] Consultation on Idaho Street Project, Evans, CO This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Dear Mr. Smith, I wanted to touch base with you as I have yet to hear from you or your team regarding consultation in relation to impacts on migratory birds for the proposed Idaho Street project. The attached documents were forwarded to you by Steve Small. Were these documents sufficient for your needs? Do I need to take more action at this time? Provide additional information? If so, what actions/information is needed? Please advise. Best. Cynthia Martin, AICP CDBG Analyst 1150 O Street Greeley, CO 80632 Phone: 970-400-4481 Cell: 970-573-1769 From: Small, Stephen M <stephen_small�fws.gov> Sent: Tuesday, November 30, 2021 8:09 AM To: Cynthia Martin <cmartinCaiweldgov.com> Subject: Re: [EXTERNAL] Consultation on Idaho Street Project, Evans, CO 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. Dear Ms. Martin, Thank you for reaching out. I have forwarded your email to Nicole Alt, Colorado Field Supervisor for Ecological Services, and Brian Smith, our Regional Lead for Migratory Birds. They, or one of their team, will be in contact to help w/ your inquiry. Cheers, Steve Steve Small Assistant Regional Director - Ecological Services U.S. Fish and Wildlife Service Interior Regions 5 & 7 134 Union Blvd., Suite 645 Lakewood, CO 80228 Cell: 303-725-3234 From: Cynthia Martin <cmartin(cDweldgov.com> Sent: Monday, November 29, 2021 6:54 PM To: Small, Stephen M <stephen_smallla�fws.gov> Cc: Walton, Annette J <annette_waltonlaifws.gov> Subject: [EXTERNAL] Consultation on Idaho Street Project, Evans, CO This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Dear Mr. Small, This is to request consultation on the proposed Idaho Street Project in Evans. The City of Evans has received a CDBG grant from the Weld County CDBG Program and, as responsible entity, we are completing the environmental review. Attached is the Idaho Street consultation package including the BA for this project as completed in IPaC. The migratory bird list was included in the species list but was advised that, at this time as there is no regulatory review process in IPaC for migratory birds, to contact your office to evaluate effects and authorize take. Please advise on how to begin the consultation for migratory birds and, of course, let me know if you require more information at this time. Best, Cynthia Martin, AICP CDBG Analyst Weld County CDBG Program 1150 0 Street Greeley, CO 80632 Phone: 970-400-4481 Cell: 970-573-1769 Idaho -Street -Project Evans, CO 900000010231945 Explosive and Flammable Hazards General requirements HUD -assisted projects must meet Acceptable Separation Distance (ASD) requirements to protect them from explosive and flammable hazards. N/A Legislation Regulation 24 CFR Part 51 Subpart C 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 12/20/2021 10:25 Page 23 of 38 Idaho -Street -Project Evans, CO 900000010231945 Farmlands Protection General requirements The Farmland Protection Policy Act (FPPA) discourages federal activities that would convert farmland to nonagricultural purposes. Legislation Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq.) Regulation 7 CFR Part 658 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 ✓ No If your project includes new construction, acquisition of undeveloped land or conversion, explain how you determined that agricultural land would not be converted: 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 12/20/2021 10:25 Page 24 of 38 Idaho -Street -Project Evans, CO 900000010231945 Floodplain Management General Requirements 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. Legislation Executive Order 11988 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: 21-3 FEMA Flood Map2.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 Based on the response, the review is in compliance with this section. Yes 12/20/2021 10:25 Page 25 of 38 Idaho -Street -Project Evans, CO 900000010231945 Screen Summary Compliance Determination This project does not occur in a floodplain. The project is in compliance with Executive Order 11988. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 12/20/2021 10:25 Page 26 of 38 Nati al Flood Hazard Layer FIRMet 04°4156'W 40°22'31N 1W •f I sl► �a" _� . FEMA Legend SEE [IS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT Without Base Flood Elevation (BFE) .,,,a A SPECIAL FLOOD With BFE or Depth z e AE, AO, AN, YE, AR HAZARD AREAS Regulatory Floodway L 1 rw ..• " 1�7 � Y r . $c 1 : r it • 1 1 , s - tip; -. A t9 yq1 (P ^I "Il d 4 1 1 r w' s • iT: C't- iyg.• -„. j.... . ... . - * . v � �V • �Ii�. r�rvP � 1 > tltl _ Zone AF FLOODWA Zone AE Zone E Feet 1:6,000 1o4°411g'w 40°22'3N 0 250 500 1.000 1.500 2.000 Basemap: USGS National Map: Orthointagery: Data refreshed October, 2020 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile . Future Conditions 1% Annual Chance Flood Hazard Area with Reduced Flood Risk due to OTHER AREAS OF Levee. See Notes. FLOOD HAZARD I Area with Flood Risk due to Levee NOSCREEN Area of Minimal Flood Hazard Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard GENERAL - --- Channel, Culvert, or Storm Sewer STRUCTURES 1111111 Levee, Dike, or Floodwall e 202 Cross Sections with 1% Annual Chance ts.s Water Surface Elevation a - Coastal Transect ---ml-- Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary --- --- Coastal Transect Baseline OTHER a __ Profile Baseline FEATURES Hydrographic Feature Digital Data Available IN No Digital Data Available MAP PANELS Unmapped The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 7/15/2021 at 442 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This reap image is void if the one or more of the following map elements do not appear. basemap Imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unrnodernized areas cannot be used for regulatory purposes. Idaho -Street -Project Evans, CO 900000010231945 Historic Preservation General requirements Legislation Regulation Regulations under Section 106 of the 36 CFR 800 "Protection of Historic 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 National Historic Properties" Preservation Act https://www.govinfo.gov/content/pkg/CF (16 U.S.C. 470f) R-2012-title36-vo13/pdf/CFR-2012-title36- vol3-part800.pdf 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): Indian Tribes, including Tribal Historic Preservation Officers (THPOs) or Native Hawaiian Organizations (NHOs) ✓ Other Consulting Parties 12/20/2021 10:25 Page 27 of 38 Idaho -Street -Project Evans, CO 900000010231945 ✓ City of Evans, Co Completed Describe the process of selecting consulting parties and initiating consultation here: Called the SHPO (History Colorado) and spoke to Joseph Saldibar, Architectural Services Manager. Wrote a letter to the SHPO requesting consultation and submitted it electronically through their MovelT system. Utilized HUD's Tribal Directory Assessment Tool (TDAT) to identify federally -recognized tribes with current or ancestral interest. Wrote a letter to each of these tribes and emailed them using the contact information provided. The City of Evans, Colorado is the subrecipient of this grant and local government affected. Consulted Mark Oberschmidt, City Engineer and project manager, asking who best of the City of Evans staff would know most about the City's historic resources. He recommended Anne Best -Johnson, Community Development Director. Emailed Mrs. Best -Johnson and set up an in -person meeting. 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: Uploaded a map of the APE. 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 below. Address / Location National Register SHPO Concurrence Sensitive / District Status Information Additional Notes: 12/20/2021 10:25 Page 28 of 38 Idaho -Street -Project Evans, CO 900000010231945 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 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. 12/20/2021 10:25 Page 29 of 38 Idaho -Street -Project Evans, CO 900000010231945 Supporting documentation St Vrain St Railroad Pond Expansion Historic Resources Report.pdf 80713_ Weld_ Idaho St.pdf Consultation letter B Ridgley.pdf Consultation letter T Limpy.pdf Consultation letter B Komardley.pdf Consultation letter M Bear.pdf Consultation letter M Minthorn.pdf Consultation letter M Blackwolf.ndf SHPO Consultation letter Idaho St Project.pdf Idaho St Project APE.pdf Are formal compliance steps or mitigation required? Yes ✓ No 12/20/2021 10:25 Page 30 of 38 November 22, 2021 WELD COUNTY CDBG PROGRAM PHONE: (970) 400-4480 1150O STREET P.O. BOX 758 GREELEY, COLORADO 80632 www.weldgov.com Steve Turner, State Historic Preservation Officer History Colorado 1200 Broadway Denver, CO 80203 Dear Mr. Turner, I am writing to request consultation with your office for a Section 106 review of an infrastructure project in the City of Evans. The Weld County Community Development Block Grant Program has given the City a grant to partially fund infrastructure improvements in an older, predominantly residential area of Evans. The City of Evans will be upgrading Idaho Street between 40th and 42nd Streets as well as making improvements to an existing stormwater/water quality feature at Idaho and 40th Streets. Currently this two -block section of Idaho Street is unpaved and unimproved. The City will be replacing an older, existing waterline underneath this section of road, installing a new stormwater management system, building new sidewalks and paving these two blocks of Idaho Street. These two blocks will be finished in the manner of Denver Street (one block to the east) between 40th and 42 Streets. The new sidewalks will be built in the City right of way. The stormwater pond will be expanded and the outlet structure modified to improve the efficiency of the system. The project site covers from 40thSt. to 42nd St. between the railroad tracks and Denver St. and from 39th St. to 40th St. from the railroad tracks to Central St. and lies entirely within Township 05 N, Range 65 W, Section 29 NW quarter. A map defining the Area of Potential Effect (APE) is attached. The construction materials will be staged on the City of Evans owned stormwater pond property and in the roadway during construction. All staging areas will be within the limits of the construction area. No access roads will need to be constructed. The majority of buildings that abut the construction work are 50+ years of age. There will be ground disturbance. The land has been previously disturbed. It is the site of previous building and roadway construction. The improvements will made to and underneath and existing roadway and to existing stormwater pond. None of the buildings 50 years of age or more will be vacated to elsewhere as a result of this project. It is the opinion of the Weld County Community Development Block Grant Program on the project's potential effects to resources identified as eligible for the National Register within the APE is that of no historic properties affected. A search of the History Colorado website and a file search found no National Register listed properties within the APE except a segment of transmission line adjacent to the Denver Pacific Railroad assessed as "supports eligibility of entire linear resource." The City of Evans has no local surveys of historic properties. Native American tribes as identified through HUD's Tribal Directory Assessment Tool (TDAT) as having an interest in Weld County have been notified and invited to consult on the project. Sincerely, Don Sandoval, CDBG Manager Phone: 970 400-4480 dosandoval@weldgov.com Attachments: Map of APE Photographs Plans M9 • st 41 Legend Weld County Maintained Roads ,�. Paved Road Gravel Road Jointly Maintained Roads Highway t —r Notes Evans, CO Fort Ccxfmt • Boulder Brignton Deaver , 44.2 0 572.08 1,144.2 Feet This map is a user generated static output from an Internet mapping site and is for t t reference only. Data layers that ap pear y on this map may or may not be accurate, WGS_1984_ Web_ Mercator_ Auxiliary_ Sphere current, or otherwise reliable © Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION HISTORY COLORADO Don Sandoval CDBG Manager Weld County CDBG Program Greeley, CO 80632 RE: Weld County Community Development Block Grant Program- City of Evans Idaho Street Upgrades (HC# 80713) Dear Mr. Sandoval, Thank you for your correspondence received by our office on November 23, 2021 requesting review of the above referenced undertaking under Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations 36 CFR 800. Due to funding from the U.S. Department of Housing and Urban Development (HUD), HUD comprises the federal agency responsible for meeting the requirements of Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations 36 CFR 800 for the subject undertaking. This includes the identification of historic properties within the area of potential effects (APE) and the assessment of whether the undertaking will have an effect upon such properties. Appropriate application of the Section 106 regulations require that the agency not only consider direct and indirect effects associated with areas of proposed construction, but that it consider effects that are reasonably foreseeable, that may occur later in time, and that may be farther removed in distance or be cumulative (see 36 CFR 800.5(a)(1)). The State Historic Preservation Officer, Native American Tribes, representatives of local governments, and applicants for Federal permits, licenses or other approval are entitled to consultative roles in this process. We understand that the proposed undertaking consists of replacing an existing waterline, installing a new stormwater management system, constructing sidewalks, paving a road, and expanding a stormwater pond along Idaho Street in the City of Evans. While details were provided on portions of the undertaking, the documentation did not contain details on the proposed waterline replacement and components of the stormwater management system besides the proposed pond. In order to complete our review, we request that you provide additional details on the location of the proposed construction, the location of any staging areas, and a more detailed description of the proposed infrastructure. Will the proposed waterline replacement and stormwater management system include the construction of above ground infrastructure besides the stormwater pond? Please provide additional discussions, images, maps, and drawings as needed to provide us a better understanding of the undertaking and the APE. An initial review of our records shows that cultural resource specialists have not previously inventoried the proposed project location. A review of orthoimagery and the provided documentation show that the location of the proposed stormwater pond upgrades remains undeveloped and relatively undisturbed. Further, a review of our records and historic topographic maps shows that the location comprises the original town site for the City of Evans. The project location shows the potential for containing archaeological remains associated with the historic town site which may sit on or below the ground surface. The proposed undertaking has the potential to affect these types of resources. As a result, it is our recommendation that a class III cultural resource inventory of the proposed stormwater pond improvement area be completed by an archaeologist who meets the Secretary of the Interior's Standards prior to construction activities to determine the presence of previously unidentified cultural resources within the APE. The cultural resource specialist should also assess the eligibility of any identified resources for the NRHP and assess the undertaking's potential effects to these resources. This level of effort is recommended in accordance with 36 CFR 800.4(b)(1). HISTORY COLORADO A list of qualified contractors that may provide the above services is available on our website: https://www.historycolorado.org/sites/default/files/media/document/2021/1502%202.25.2l.docx.pdf. Upon completion of the appropriate identification efforts, our office should be provided with the results of the cultural resource inventory for review of professional adequacy and compliance with regulations, as well as to evaluate the appropriateness of the recommended effect finding. We anticipate additional discussion regarding the subject undertaking according to 36 CFR 800.3 through 36 CFR 800.6. We request being involved in the consultation process with the local government, which as stipulated in 36 CFR 800.3 is required to be notified of the undertaking, and with other consulting parties. Additional information provided by the local government or consulting parties might cause our office to re- evaluate our eligibility and potential effect findings. Please note that our compliance letter does not end the 30 -day review period provided to other consulting parties. Thank you for the opportunity to comment. If you have any questions, please contact Matthew Marques, Section 106 Compliance Manager, at (303) 866-4678, or matthew.marques@state.co.us. Sincerely, Dawn DiPrince State Historic Preservation Officer Note: On Tuesday, October 19, 2021, Governor Jared Polls appointed Dawn DiPrince as the new Colorado State Historic Preservation Officer. The State Historic Preservation Officer has the delegated authority to represent the State of Colorado in carrying out the responsibilities specified in the National Historic Preservation Act, and in the regulations and administrative requirements established for implementation of the NI -IPA. Please join us in welcoming Ms. DiPrince to this new capacity. Appendix E Historic Resources Survey Report HISTORIC RESOURCES SURVEY FOR ST. VRAIN STREET/RAILROAD POND EXPANSION STORMWATER OUTFALL PROJECT CITY OF EVANS, WELD COUNTY, COLORADO COE-2019-005 John F. Hoffecker State of Colorado Archaeological Permit No. 75740 Tiglas Ecological Associates 5015 Swainsona Drive Loveland, Colorado 80537-9131 Prepared for: City of Evans 1100 37' Street Evans, Colorado 80620-2036 www.evanscolorado.gov 6 March 2020 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado EXECUTIVE SUMMARY A historic resources survey was performed for a proposed stormwater outfall located between St Vrain Street and Riverside Pond in the City of Evans, Weld County, Colorado in the western half of Section 29 in 6th P.M., Township 5 North Range 65 West. The City of Evans proposes to install subsurface drainpipes from along St Vrain Street to RR Park via 39th Street, east along 40th Street, and then south via Golden Street to an outfall on Riverside Pond. The Area of Potential Effect (APE) for direct effects includes those portions of the ROW along St Vrain Street, 39th Street, 40th Street, and Golden Street within which new subsurface drainpipes would be installed. The APE for direct effects also includes two municipal parks: RR Park and Riverside Park. An APE for visual effects also was defined and includes 36 parcels that (a) adjoin the APE for direct effects, and (b) contain buildings that were constructed more than 50 years ago (i.e., before 1970). A search of the Compass database in January 2020 revealed that no surveys had been conducted, and no historic resources previously recorded, within the APE for direct effects. One historic resource was previously recorded within the APE for visual effects. A Class III intensive pedestrian surface survey of the APE for direct effects was performed during January 2020. Pedestrian linear transects were walked along the proposed ROWs and ground surface visibility was estimated at - 15%. Newly recorded resources included segments of six linear resources, including the Union Pacific RR (5WL.1969.101), US Hwy 85 (5WL.6867.23), St Vrain Street (5WL.9071.1), 40th Street (5WL.9072.1), Golden Street (5WL.9073.1), and 39th Street (5WL.9076.1), and two municipal parks: Riverside Park (5WL.9074) and RR Park (5WL.9075). The linear resources are either officially determined eligible (UPRR) or in the "needs data" category (US Hwy 85, St Vrain Street, 39th Street, 40th Street, and Golden Street) which requires that they be treated as eligible for the purposes of Section 106. Four of the latter (5WL.9071.1, 5WL.9072.1, 5WL.9073.1, 5WL.9076.1) are recommended as supporting segments. Buildings >50 years in age on the 36 parcels that adjoin the APE for direct effects were not inventoried and are recommended to be "treated as eligible for the purposes of Section 106." It is recommended that the proposed St Vrain Street/RR Pond Stormwater Out - fall would have an effect on historic properties, but that the effect would not be adverse. ii Historic Resources Survey for St 1/rain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado TABLE OF CONTENTS EXECUTIVE SUMMARY...................................................................................ii 1.0 INTRODUCTION....................................................................................... 5 2.0 PROJECT AREA.....................................................................................10 3.0 RESEARCH DESIGN & METHODS.........................................................14 4.0 HISTORIC CONTEXT.............................................................................16 5.0 RESULTS...............................................................................................24 6.0 RECOMMENDATIONS...........................................................................32 7.0 SUMMARY.............................................................................................35 8.0 BIBLIOGRAPHY.....................................................................................36 9.0 SURVEY LOG......................................................................................... 39 MAP OF SITE LOCATIONS........................................................................ 40 APPENDIX: SITE FORMS...............................................................................41 3 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado 6th P.M., T 5 N, R 65 W, Section 20 f a 1�J ... :1..J T . _ I s.- * 693 1 f `g) ° 416 v 1' ri / II, II, ' '-i\ :' rtop •; r ___ Fc'• PROJECT AREA VANS • • ° / ("'��• X637 '" 10 1• U j r / / tL*JHtt I 0 a E r' : 0:11 Evans - •1 • .4' . �EJ%i duo ) j��i ('"k 230 r ' f >` �^' 50 • B • 1 4653 -- SCALE 1:24000 Z 0 1 MILE 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET 1 .5 0 1 KILOMETER CONTOUR INTERVAL 10 FEET 7.5 -minute series (topographic): Greeley quadrangle (1950/1980) 4 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado 1.0 INTRODUCTION The City of Evans in Weld County, Colorado proposes to construct a new storm sewer between St. Vrain Street and Riverside Pond. The project area lies between the west side of US Hwy 85 and the South Platte River and within Section 29 of 6th P.M., Township 5 North, Range 65 West. The proposed action falls within "Area of Concern 11" in the Drainage Master Plan (Muller Engi- neering 2016). Purpose and Need. Significant flooding in 2013 brought storm water manage- ment to the forefront of the City of Evans' attention regarding (a) areas directly affected by the 2013 flooding, and (b) areas that could be affected if a future storm of similar magnitude were to occur. The City undertook a comprehensive drainage study that identified the areas of highest concern and proposed a set of new stormwater outfalls (Muller Engineering 2016). Evans has sought project financing through the State Revolving Fund in the form of grants and loans, which requires compliance with state laws and regulations concerning environment and historic preservation, including preparation of draft and final Environmental Assessments (EAs) and supporting documents. Project Description. The proposed action entails the construction of a new storm sewer from St. Vrain Street under Highway 85 and the Union Pacific Railroad (UPRR) along 39th Street to the Railroad Detention Pond east of the UPRR. The detention pond would be expanded, and a new storm sewer outfall would be constructed from the pond east along 40th Street, and then south along Golden Street to Riverside Pond. Currently, the land use surrounding St. Vrain Street, Railroad Pond, and Golden Street is residential, commercial, and comprised of public areas (see Figure 1). An alternative route would entail construction of a new storm sewer south from St. Vrain Street to 42nd Street and continuing south along the west side of Highway 85 in the West Service Road, to the South Platte River. In concert with preparation of draft and final EAs for the Colorado Department of Public Health & Environment (CDPH8&E), the proposed action requires com- liance with the State Register Act (CRS 24-80.1), which entails an inventory of historic properties (i.e., historic resources listed on either the state or national register of historic places) within the Area of Potential Action (APA). The proposed action also requires permitting by the U.S. Army Corps of Engineers, which in turn requires compliance with Section 106 of the National Historic Preservation Act of 1966 (NHPA), which is implemented in accordance with regulations (36 CFR 800), issued by the Advisory Council on Historic Preservation (ACHP). Section 106 of the NHPA requires that federal agencies account for the effects of their actions on historic properties (i.e., sites that 5 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado meet the eligibility criteria listed in 36 CFR 60.4 for the National Register of Historic Places [NRHP]). Figure 1. The proposed St. Vrain Street/ RR Pond Stormwater Outfall would extend from the west side of US 85 along 40th Street to Riverside Pond (satel- lite image source: USDA-NRCS 2020). Area of Potential Effect (APE). The APE was defined to include the area of proposed ground disturbance on the west side of US Hwy 85 along St Vrain Street and east on 39th Street under the highway and railroad. On the east side of the railroad, the APE includes the "RR Detention Pond" (formerly RR Park) and the ROW along 40th Street and Golden Street into Riverside Park with an outfall on the northwest side of the pond. Areas within this portion of the APE would be subject to direct physical effects by the proposed action (see Figures 2 & 3). Cn Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado ;? 818 7;780380(•8 1 00 1 70)6 T707• 4L 0 O 1 37090 �� i3- 3708 Ii1 :3711* 17T0X i. 3713ri `714815_. 3723 1 3715�yj •:? _ 3725 3iii:y is c _ 8 I lk, 3180 ,. x;18 3;i 3815 .. f - 5 380218()6 .3805 0 80:7 m� 3.816 '3.r' n 'a O y�� S :1809 3820 381 U� n O 8(`9 v , r z `'3824 e F315 J t v ap 25 ` 8198 15 8 ... .,,r.=-•.:_. r 915 #1:2 1• - J901 • e .i �! 2 . I- I F.. •2P .828E 18.:1�� 10 3901 F• % •�� _ 39033931'• j r• - ?S1 J 909 3914 133'25] 3914 1 •9313921 Z `� .3915 39713961 ~.. 3918 '3''927 0 tso 300ft Figure 2. Northwest portion of project area along St Vrain Street and 39th Street to RR Pond: APE for direct effects (red) and parcels containing structures >50 years in age (yellow) that would be subject to potential effects on their visual setting (base map source: Weld County Assessor 2020). The APE also was defined to include parcels that (a) adjoin the APE for direct effects, and (b) contain buildings that were constructed more than 50 years ago (i.e., before 1970). Areas within this portion of the APE would be subject to indirect effects to their visual setting (see Figures 2 &, 3). The address of each parcel, dates of building construction, and parcel number is listed for each parcel in Table 1. A house on one of these parcels (814 40th Street) was invent - toned and evaluated in 1989. A Class III cultural resources survey was conducted of all areas that lie within the APE for direct effects for the proposed project. In addition to the areas within the APE boundaries shown on Figures 2 & 3, an alternative route south from St Vrain Street, along the West Service Road on the west side of US Hwy 85, to an outfall on the South Platte River, also was surveyed. 7 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado A Class III or intensive survey entails a 100% pedestrian coverage of the ground surface, which typically entails walking transects spaced at intervals of less than 20 meters (OAHP 2007). 410 At4 .t. rY 5r 4]9� _ 9liiWY 1 -�.. _ _.. �_—.. 40TH ST _ - JO9 ' 92492' X11 P 09 9021fl( 6D rn I Suo7 {r� illy n . 1 N 400 02 , SINI i 4010 ,ub ,;tuau" . C 1 • 401:. .• Sn 1 L 01 1 .401.1 1:•- •�1D}C: _ �- 4022, t yy.1-w I our ,.o T a.r � 1y N.. '401Sn �S�ulO -fi wiu .4, q° y Z5 2 R ...r.,a -• 2.3028• r �. tl'O 1' r -�ti .J 1 SO1F.Q 11 - S11J5 1 �. 1Pl'.9• ^9 t> t. I "a �i 11�iar a7. , .. ��t + (�jy�C r�+= � 11511 7 _ 1. uJ �i tu. 110.`: r .;110.} 1111 3101[4102 3101 r 3106 • m 31091 4 .141 in}i ""'+ . .f 7118 qtpg LIV-4I1"4l.l1 (-..-.'. 11 to '�It tt .3109_ �l r < des + 4110 �11J - - %nc a1u ii'%➢ �'3'tr y i,� ?1111 1a)il , � st19 41. . , atz 9 t •1174 4`12 ' 118.199315 f1M't03 f7O3 1. 1K lr r ' list. a _ •11L 61, 8jptO iqG .Yu.400 11471L7i1.970h702 .1 a6091Y,a0,7.007ti 01 S a1F Ott ua •4t 4104$ 111? 42ND STREET RO' SLOG _ � it eo_•e$ - v0P i 2018 Vexcel Imaging US, Inc. 1 Weld County GIS iiti ,.. nq >ion1. Figure 3. Southeast portion of project area along 40th and Golden Streets: APE for direct effects (red) and parcels containing structures >50 years in age (yellow) that would be subject to potential effects on their visual setting (base map source: Weld County Assessor 2020)4 In addition to an inventory of any artifacts and features within the APE that appeared to be more than 50 years in age, several previously unrecorded linear resource segments and two municipal parks were identified within the boun- daries of the APE for direct effects. All of these previously unrecorded historic resources were inventoried. The survey was conducted by John F. Hoffecker of Historic Preservation Consultants of Centennial, Colorado, who meets the Secretary of the Interior's Professional Qualifications Standards for archaeology and history, and who holds a current State of Colorado Archaeological Permit (No. 75740) for state- wide survey. This report is designed to meet the compliance requirements of both CRS 24- 80.1 and Section 106 of the NHPA. Because the inventoried resources were historic features in an urban setting (no archaeological remains were encountered during the survey) the report was prepared in accordance with the Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado guidelines for "historical & architectural surveys" (OAHP 2007: 45-50). Darcy Tiglas prepared the flora and fauna section of this report. The field survey was conducted during January -February 2020. Table 1. Parcels that adjoin the APE for direct effects and contain buildings >50 years in age (source: Weld County Assessor 2020). Address Buildings (Year of Construction) Parcel No. 1050 37th Street school & 2 outbuildings (1950) 096129208005 1020 37th Street house (1950) 096129207001 3719 W. Service Road commercial garage (1966), store (1990, 1992) 096129207010 3721 W. Service Road restaurant (1943), warehouse (1958) 096129207007 3725 W. Service Road warehouse (1960) 096129207008 3815 W. Service Road warehouse (1954) 096129209002 3819 St Vrain Street office (1960), warehouse (1963) 096130107015 3819 Idaho Street house (1918) 096129210003 910 40th Street house (1928) 096129224001 908 40th Street house (1908) 096129224010 902 40th Street house (1898) 096129224009 816 40th Street house (1898) 096129225001 814 40th Street house (1898) 096129225012 812 40th Street house (1898) 096129225011 815 40th Street house (1904) 096129218004 809 40th Street house (1914) 096129218005 810 40th Street house (1903) 096129225010 807 40th Street house (1928) 096129218006 805 40th Street house (1928) 096129218014 804 40th Street house (1908) 096129225009 803 40th Street house (1904) 096129218015 802 40th Street house (1941) 096129225008 720 40th Street house (1898) 096129226001 718 40th Street house (1947) 096129226011 710 40th Street house (1908) 096129226010 4001 Golden Street house (1913) 096129226009 622 40th Street house (1960) 096129227001 4002 Golden Street house (1953) 096129227002 4009 Golden Street house (1933) 096129226008 4019 Golden Street house (1888) 096129226007 4027 Golden Street house (1903), 2 outbuildings (1920) 096129226006 4035 Golden Street house (1963) 096129226005 4025 Golden Street house, outbldg (1908), 6 outbldgs (1983-2006) 096129227007 4103 Golden Street house (1949) 096129229025 4111 Golden Street house (1956) 096129229012 703 42"d Street house (1910) 096129229003 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado 2.0 PROJECT AREA Topography and Climate. The project area is located in the northern Colo- rado Piedmont, which lies within the Great Plains physiographic province. It is characterized by undulating to rolling plains, and intermittent creeks. The project area occupies a low terrace on the north side of the South Platte River, averaging about 4,645 feet above mean sea level. The local climate is characterized by warm summers and occasional periods of extreme cold during the winter as a result of Arctic air movements from the north. Mean winter temperature for Evans is 29°F (mean summer temperature of 700 F) and mean annual precipitation is 12 inches. The prevailing wind is from the south (Crabb 1980: 2). Geology and Soils. The project area rests on Quaternary alluvium deposited by the South Platte River during the Holocene, representing Piney Creek and Post -Piney Creek alluvium, respectively (Colton 1976), and the local soils are formed on these Quaternary sediments. The Piney Creek alluvium primarily consists of silt but contains some layers of silty sand and gravel (Hunt 1954: 115). It is dated to the early -middle Holocene, while the Post -Piney Creek alluvium dates to the later Holocene (Gilmore 2011). The western portion of the project area rests on Piney Creek alluvium, while the eastern portion lies on the younger Post -Piney Creek alluvium (see Figure 4). ov w PROJECTAREA Post -Piney Creek alluvium 40:2230 ae Broadway alluvium (late Pleistocene) Piney Creek °' alluvium l over Latham Resruotr Figure 4. Surficial geology of the project area and surrounding region (adapted from Colton 1976). 10 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado Soils in the project area primarily include Aquolls and Aquents that formed on the Post -Piney Creek alluvium in the southeast portion of the project area, Vona sandy loam on 0-3% slopes, which is found in the northwest portion of the project area and formed on the older alluvium (Piney Creek), and Altvan loam, also formed on the older alluvium, in the central portion of the project area (Crabb 1980; USDA-NRCS 2020). The Aquolls and Aquents are poorly drained soils comprising 48 inches of loam overlying gravelly sand. Vona sandy loam is a well -drained soil that consists of 6 inches of sandy loam overlying >20 inches of fine sandy loam. Altvan loam is a well -drained soil with 10 inches of loam (topsoil) overlying 15 inches of clay loam (Crabb 1980; USDA-NRCS 2020). Flora and Fauna: Wildlife habitat types identified within the project areas include lowland riparian and landscaped. These habitat types are discussed below. They correspond very closely to the vegetation communities within the project area. The lowland riparian vegetation community is associated with the edges of Riverside Pond and the South Platte River at the end of Carson Street. The banks of the pond and the river support a palustrine/broad-leaved deciduous complex within the banks. Eastern cottonwood (Populus deltoides) and peach - leaf willow (Salix amygdaloides) are the dominant tree species in the canopy and saplings and seedlings of these species are present within the project area. Siberian elm (Ulmus pumila) trees were also observed along the banks of the pond. Narrowleaf willow (Salix exigua) dominates the mid -story within this habitat type. The understory grasses component is dominated by Reed canarygrass (Phalaris arundinacea) as a monoculture with small pockets of forbs including curly dock (Rumex crispus), showy milkweed (Asclepias speciosa), annual sunflower (Helianthus annuus), and giant ragweed (Ambrosia trifida) . Lowland riparian corridors offer many species of wildlife habitat at the project area for forage, hunting, shelter, breeding, perching/resting, drinking when surface water is present, and as a travel or movement corridor. Mule deer (Odocoileus hemionus) represent the large mammals that use the lowland riparian ecosystem. They use the riparian corridors for travel as well as cover, food, and water. Coyote (Canis latrans) are the dominant predator in this area and thrives in the riparian areas due to the congregation of preybase near the surface water and shade. Red fox (Vulpes vulpes) can also be found within this community. Medium-sized mammals using this habitat include the raccoon (Procyon lotor) and striped skunk (Mephitis mephitis). Small mammals include the prairie vole (Microtus ochrogaster), deer mouse (Peromyscus maniculatus), fox squirrel (Sciurus niger), and eastern cottontail (Sylvilagus floridanus). 11 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado Birds occupy and use this habitat for resting, nesting, feeding, and cover. These include black -billed magpie (Pica pica), downy woodpecker (Picoides pubescens), American robin (Turdus migratorius), Bullock's oriole (Icterus bullockil), red -winged blackbird (Agelaius phoeniceus), black -capped chickadee (Pares atricapillus), Northern flicker (Colaptes auratus), blue jay (Cyanocitta cristata), Eastern kingbird (Tyrannus tyrannus), Western kingbird (Tyrannus verticalis), great horned owl (Bubo virginianus), red-tailed hawk (Buteo jamaicensis), and mourning dove (Zenaida macroura). Reptiles and amphibians occupy this habitat type due to the presence of surface water at certain times of the year and the shade the trees and shrubs provide. The bullsnake (Pituophis melanoleucus) and plains garter snake (Thamnophis radix) are the dominant reptiles within the lowland riparian ecosystem. Figure 5. Vegetation along Golden Street, looking north from the Riverside Park area (photo by author on 23 January 2020). Landscaped. The City of Evans is urban with streets, residential dwellings, business lots, and landscaped yards and parks as well as paved and unpaved infrastructure. No native vegetation remains in this habitat type and it is dominated by sod and turf as well as exotic trees and shrubs. In outlots and areas impacted by frequent surficial soil disturbance, weedy annuals dominate the landscape. Trees within this urban environment include Siberian elm and Russian olive (Elaeagnus angustifolia) as well as maple (Acer sp.), blue spruce 12 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado (Picea pungens), ponderosa pine (Pinus ponderosa), and quaking aspen (Populus tremuloides). The weedy matrix in the herbaceous strata include kochia (Kochia scoparia), Canada thistle (Cirsium arvense), field bindweed (Convolvulus arvensis), skyrocket (Descurainia pinnata), puncture -vine (Tribulus terrestris), cheatgrass (Bromus tectorum), common mallow (Malva neglecta), and Japanese brome (Bromus japonicas) (Figure 5). Urban wildlife, such as raccoons and skunks, use the driveways, streets, and sidewalks as travel corridors. American robin, house sparrows, house finch (Carpodacus mexicanus), Bullock's oriole, Western kingbird, American goldfinch (Carduelis tristis), and European starling (Sturnus vulgaris) occupy the yards and open urban environs around the houses and the outbuildings. 13 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado 3.0 RESEARCH DESIGN AND METHODS The research was designed to collect and analyze sufficient data to assess the potential effects of the proposed St Wain Street/RR Pond Stormwater Outfall in Evans, Colorado to historic properties, i.e., sites and structures listed on or officially determined eligible for the NRHP and/or state register. In order to achieve this objective, all sites, structures, features, and isolated artifacts greater than 50 years in age within the APE were inventoried and evaluated for eligibility. The research began with a search of the online records of previous cultural resources surveys and recorded sites (Compass) maintained by the Office of Archaeology and Historic Preservation (OAHP) at History Colorado (Colorado SHPO). The proposed route and components of the St Wain Street/RR Pond Stormwater Outfall project were reviewed with the City Engineer and staff of the City of Evans, and an APE (see Figures 2 8s 3) was defined on the basis of this review. Figure 6. RR Park, looking northeast from the SW corner on 40th Street (photo by author 23 January 2020). The next phase of the research entailed a field survey of the APE by the author and principal investigator, which was conducted on 23 January 2020 under conditions of adequate lighting and visibility. The field survey was designed to (a) examine the ground surface for any isolated artifacts or features not previously reported, and (b) collect field data on historic resources not 14 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado previously recorded but identified for inventory and evaluation for this project. Linear transects were walked on the north and south sides of St Vrain, 39th, 40th, and Golden Streets, as well as other portions of the proposed stormwater outfall route. Overall ground surface visibility was estimated at - 15%. Weld County Assessor's online GIS was consulted regarding parcel boundaries and ownership, as well as information on buildings, including year of construc- tion and other details. Background research on the historic context for the resources to be inventoried and evaluated was gathered from multiple sources. The land patent records (BLM GLO) for Evans were reviewed online. General historical sources for Evans were consulted at the Greeley Museums and Centennial Park Library (Greeley) local history collection. Staff at the Hazel E. Johnson Research Center at the Greeley Museums assisted with historic map research on Evans. The City of Evans provided documents and maps pertaining to the UPRR corridor. Additional information was collected from the Riverside Library and Cultural Center in Evans, which maintains a public display of historic photographs and artifacts on local history. Historic maps and aerial photos were gathered from multiple sources, including the Greeley Museums and City of Evans. 15 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado 4.0 HISTORIC CONTEXT Culture History. Native Americans inhabited the region for more than 10,000 years before the arrival of Euro-Americans. The earliest firmly dated archaeo- logical remains in Colorado are assigned to the Paleoindian tradition (13,000- 9,000 calibrated years ago), which is subdivided into three complexes: Clovis, Folsom, and Plano. Assemblages in Paleoindian sites are characterized by diag- nostic bifacial projectile points, and often associated with extinct megafauna (Cassells 1997: 50-94; Stone 1999). The project area lies in a region that contains important Paleoindian sites, which include the earliest Clovis discovery at Dent (-9 miles southwest on the west bank of the South Platte) and a group of younger localities (e.g., Powars), several miles downstream on the south bank of the river (Holliday 1987; Cassells 1997: 58-74). The Archaic period (9,000-2,000 years ago) is characterized by warmer and drier climates and a shift to broad -based subsistence on a variety of plant and post -glacial fauna (Stone 1999; Gilmore et al. 1999). During the Altithermal, drought conditions on the Central High Plains may have encouraged a shift to higher elevations (Cassells 1997: 118-122). The post -Archaic or Ceramic period (≤ 2,000 years ago) is marked largely by the appearance of pottery and long- term occupations, although subsistence strategies do not appear to have changed significantly from the late Archaic (Gilmore et al. 1999). In addition to the ceramics, post -Archaic sites contain various diagnostic points —most of which are corner -notched or side -notched (Cassells 1997: 197). During the Contact period (i.e., following the arrival of European settlers), eastern Colorado was occupied by several historic tribes. Most of eastern Colorado appears to have been abandoned during the 1400s due to extreme drought conditions. The region was reoccupied from the north in the 1500s by Plains Apache (Athapaskan speaking) groups, who eventually established semi - sedentary villages along the Republican River (Dismal River Aspect dating to ca. 1640-1700) (Cassels 1997: 234-240; Nelson et al. 2008: 113-117). Their economy reflected a mixture of hunting and gathering, with an emphasis on bison, and farming (corn). The Plains Apache were later forced south by the arrival of other peoples on the Central High Plains. In the late 1600s, the Comanche spread southward into the Front Range and onto the Central High Plains. The Comanche were a branch of the Eastern Shoshoni derived from the northern Plains and Great Basin. At the beginning of the 1700s, they adopted the horse and hunted bison on the Plains. Unlike the Plains Apache, the Comanche left a very sparse archaeological record (Cassells 1997: 247; Nelson et al. 2008: 123-124). As in the case of their prede- 16 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado cessors in the region, the Comanche were eventually forced south by new arrivals. By 1820, there were no Comanche north of the Arkansas River. The new arrivals were Algonkian-speaking peoples from the Midwest, including the Arapaho, formerly living along the Red River in Minnesota and forced out of the region by other Native American groups (Stone 1999: 153-154). In the early 1800s, the territory of the Arapaho extended from the Cheyenne River (west of the Black Hills) in the north to the Arkansas River in the south. Bands assembled on the plains in the fall to hunt bison for the winter (Kroeber 1975). They also hunted elk, antelope, and small mammals and gathered a variety of plant foods (Beals 1936; Nelson et al. 2008: 131-132). The Arapaho were closely allied with the Cheyenne, another Algonkian- speaking group that moved west in the early 1700s, initially establishing sedentary villages on the Missouri River. Around 1760, the Cheyenne adopted the horse and became hunters of bison on the Central High Plains. They moved south and occupied for some years the Black Hills area of South Dakota and adjoining eastern Wyoming. In the early 1800s, the Cheyenne became part of the trading network based at Bent's Fort on the Arkansas River in south- eastern Colorado (Cassells 1997: 248-249). Both the Arapaho and Cheyenne were subjected to increasing pressure from the growing influx of Euro-American settlers on the Plains and in the Front Range area by the mid -1800s. Native American groups were exposed to disease and periodic violent conflict. In 1864, a group of Cheyenne were massacred at Sand Creek, which triggered a major war. By the late 1870s, both groups had been forced onto reservation lands in Oklahoma. In the early 19th century, after what later became the Colorado Territory was acquired by the United States as part of the Louisiana Purchase (1803), explorers and fur -traders ventured up the South Platte River (Abbott et al. 1982: 34-49). A small trading post (Fort St. Vrain), located --12 miles upstream from the project area, was operated between 1837 and 1846 (Noel et al. 1994). The first major influx of Euro-Americans took place at the end of the 1850s, following the discovery of gold in northeastern Colorado (Mehls 1984). An even larger wave of Euro-American settlement followed the Homesteading Act of 1862 and the first railroads, which reached northeastern Colorado in 1870. The town of Evans —the first platted in Weld County —was a product of the first railroad to reach Denver. In the fall of 1869, the Denver Pacific Railway began construction of a line from the recently completed transcontinental railroad at Cheyenne. By the time the tracks reached the north side of the South Platte River in mid -December (where work was suspended until the following spring), the town of Evans already was established. The town plat had been filed by David H. Moffat, Jr. (and signed by Samuel P. Ashcraft and A. H. Smith) with 17 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado the county in late November on land owned by the Denver Land Company, a subsidiary of the railroad, primarily in the NW 1/4 of Section 29. According to GLO records, a land patent was not filed until 1892 (by George C. Briggs, Mayor of Evans). A patent for the adjoining NE1/4, however, had been filed in October 1868 by Thomas Lynch and three others; the town later expanded into the NE1, which was designated Ashcraft's Addition. 'iJ • Y. YI •..... ... •.L 1-a, YY Y, MAP OF _ ��//r e//r(�� `rI�V�1/��\(• r"• YY r_1 ._Y '-' —' 1 Sr ✓• WELO COUNTY, +e fO a -. r + LY Yn r : Y.1e 1 Yl 1 • • Y. s... -'u- '1 r Y.r ,1 •\ Ya YY _ F O V �.1 1 rL. r Fa . .'+1 S • 4 - ORIGINAL PLATS OF .RIORD { r ' __ : ... :r1; ,: _ 7 LL•Yn•JOHN HMARSH. C.E f / 'I 1 \ Yn W.� 891 ;., Y , _4. �fZiL�•� � I , rr Y 1 • 1 FYI � r l i _a y .. a r u 1l .a I f{I -' � I_ I: fl �I -� 1 _' -rlJ _ L ! :i `.. Y _ -1 r- - LYl ! I 41 YtL9±YH !. ..-r :!•-'r 'r -r--- •.1 Y ,. \ J�--� • 4• Il u 1 n j�Y } n t ,¢n tlV(� �( I JL , I ,--.. I w' I j 1 I J 'J J I' .I A ♦ 1f M I 1 'inLl 1Y1l �\ 1 nl f -� • _ aI 1 a I` � %' r.��+1. .. 1 J Il r _ .7.. 1 te: —.al -.---. I_ u .L .� T /�f • 1 ((" 1 r g. j -L 4 Qtr �{'Y 1•r�1lY V- r a' .>II M1*..' lM1 .1.0 11J•I m 7 • +I'Ihi.1 ^ e . I r ..� ! I wl n. I+I $�'14 -. .Y irt. a' f.A1RFrh _ 1 ' < .l:?l�l'1 S. T: AY.Y �YF M L1 '4 [r• aIyT f .L \r• a+ Y1fY.>. s - n / \. I•L41Y••_ Y -.i y H Yr I'+^\M1_I/ 1... , M1IJ tlM1 n M{•6Y 1 .'..emu 6"II — niI^I_ - rya f -I //1•_ .. M.I'i Win Y•_ ! •I <.—..M1'6 i•e.n4 T w uM1.I V. �:�_•. Figure 7. Map of Evans (1891) showing the original town and Denver Pacific RR; the proposed route of the St Wain Street/RR Pond Stormwater Outfall is shown in red (source: City of Evans). The town initially was named for a railroad brakeman (Bill Stage), but subse- quently renamed for John Evans, second governor of the Colorado Territory, appointed by President Lincoln in 1862 (Lynch 2011: 23-25). The original town occupied an area of 320 acres lying between what now is Carson Avenue (originally "McCook Street") in the west and Empire Street in the east, and between what now is 37th Street in the north (formerly "Ninth Street") and 42nd Street in the south (formerly "Fourth Street"). The west -east streets originally were numbered from south to north, beginning with 1St Street on the riverbank, but were incorporated into the Greeley street grid in the late 1970s. In Novem- ber 1869, "there were 50 houses in the town" and one hotel, located on Denver 'It' Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado Street, and several others under construction (Davis 1948: 43-55; Evans Cen- tennial -Bicentennial Commission 1976: 3). The town also contained a number of saloons, primarily located on Central Street between what are now 38th and 39th Streets (Lynch 2011: 23-24). Both the alignment of the railroad, which comprises a single standard-gauge track, and the original layout of the town are essentially unchanged today, i.e., 150 years later (Wilkins 1974: 3). The most significant change has been the construction of Hwy 85, west of the railroad corridor, during the 20th century. Although none of the 50 original wooden structures appear to be present, a few buildings constructed before 1900 remain standing in the original town, most notably the Methodist Church (originally Presbyterian Church built in the early 1870s) on what now is 39th Street. Two major features of the original town also are present today: Plaza and RR Park, both on 39th Street (see Figure 7). In the spring of 1870, 12,000 acres north of Evans were purchased from the Denver Pacific RR for the newly organized Union Colony at Greeley (Abbott et al. 1982: 158-159). The town of Greeley quickly outgrew Evans in terms of resi- dents and structures and almost immediately became a rival to the latter; the rivalry was intensified by the prohibition of alcohol in Greeley (which remained "dry" until 1969). Although a similar agricultural colony (St. Louis Western Colony) was established at Evans in the autumn of the same year by Reverend Andrew Calvin Todd, the town did not become "dry" until 1910. Todd left for Utah in 1891 and the church he had founded in Evans (Presbyterian Reformed) was converted to a saloon (Arnusch 2014: 12-22). The county seat, formerly located at Fort Latham (near the confluence of the South Platte and Cache la Poudre rivers), had been moved to Evans in January 1870. The west side of block 36, located on the east side of the RR between what now are 41st and 42nd Streets, was set aside for county facilities, including a courthouse. The Union Colonists, reportedly unhappy transacting county business in Evans, pressed for an election to move the county seat to Greeley (Arnusch 2014: 7-8). Although the petition failed in the first election (September 1872), Greeley won a second election in 1874. When Evans officials refused to turn over the county records, they were surreptitiously removed by citizens of Greeley. After two more elections and two court decisions, the county seat was permanently moved to Greeley in October 1877. The Evans Town Ditch (aka Evans Irrigation Canal) was built in 1882 by the Town of Evans for irrigation and water use of the town, with a headgate on the Big Thompson River. The ditch is located west of the project area and is connected to a series of laterals that flow east and parallel the east -west streets in Evans. Water in the laterals still is used by residents of the town. 19 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado Greeley's continuing status as a "dry" town probably helped sustain the busi- ness community in Evans, which had declined somewhat after the early boom period associated with the arrival of the railroad (Arnusch 2014). However, Evans also banned alcohol in 1910, following a closely contested election, and the saloons closed. After 1910, the most significant changes to Evans were the highway (Hwy 85) and the general growth and expansion of the town, which included development of the agricultural land between Evans and Greeley. Figure 8. Aerial photo of Evans (1937) showing the location of the proposed St Wain Street/ RR Pond Stormwater Outfall project area. Although the main roadway between Denver and Cheyenne was designated US 85 in the 1920s, its alignment in Evans (along the west side of the railroad from the South Platte to Boulder Street, where the road turned due north along what now is Eighth Avenue) remained unchanged until the mid -20th century (see Figure 8). By 1953, US 85 had been shifted west to its current location and widened to accommodate the increased traffic flow. In the 1970s, the NE1/4 of Section 20 began to see some development, including the substation located at the corner of 31st Street and First Avenue, connected to transmission lines constructed in 1939-1940 as part of the Colorado -Big Thompson Project. In the late 1970s, the east -west streets in Evans —no longer isolated from the Greeley street grid —were renumbered from north to south and incorporated into the 20 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado latter. Seventh Street was renamed 39th Street and Sixth Street was renamed 40th Street. Previous Work in the Project Area. A Compass search was performed in January 2020 to identify previous field surveys undertaken, and prehistoric and historic sites reported, in the project area and surrounding region (within 1 mile of the APE). The search revealed that although no surveys had been per- formed within the APE, six surveys had been conducted in the vicinity of the project area (see Table 2). Table 2. Previous surveys in the vicinity of the nroiect area. Report Title Organization PI/Date of Survey Location Cultural Resource Inventory of Five Colorado Department of Jepsen, Daniel A Section 20 Irrigation Structures and a Union Pacific Highways / 08/01/1990 Nl/2 Railroad Bridge along US Highway 85 in Weld County, Colorado (FC 085-3(12)), (BRF 085-3(10)) A Cultural Resource Survey of Interstates Centennial Archaeology, Sherman, Stephen Section 20 25, 70, 225, AND 270, U.S. Highways 34 Inc. for CDOT, Office of A., et al., / and 160, and State Highways 13 and Environmental Services 03/2000 470, for the Proposed Adesta Communications Fiber Optic System, Colorado (C SW00-102) Storage Yard for Gregory & Cook Metcalf Archaeological Brogan, John M. / Section 30 Construction in the Platte Industrial Consultants, Inc. for the 2/2002 SE NE Center Department of Energy Paleontological Technical Report: Rocky Mountain Murphey, Paul, Sections 20 Interstate 25 North Corridor Paleontology for CDOT and David Daitch & 29 Environmental Impact Statement, Adams, / 03/2007 Boulder, Larimer, and Weld Counties, Colorado An Intensive Archaeological Resources Colorado Department of Wolff, Greg / Section 29 Inventory of U.S. Highway 85 Park and Transportation 05/23/2013 NW SW Ride Locations in Fort Lupton and Evans, Weld County (CDOT #STL 0853-081) Class III Intensive Cultural Resources James Enterprises Inc. Vincent Wray, Section 20 Inventory of Extraction Oil & Gas's Ardrey Mindy Burkitt / SE 21-1 Well & Access, Ash 9B Well, Greeley April 10, 2017 Directional Well, Vetting 15-H Well/Facility & Access, and Wake North 32-K Wells & Access, Weld County, Colorado A search of the Compass database in January 2020 revealed that one cultural resource had been previously recorded within the APE, 19 other sites, struc- tures, or linear features have been inventoried within the vicinity of the project area, and these are listed in Table 3. 21 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado Table 3. Previously recorded sites in the vicinity of the nroiect area. Site No. Description NRHP status Location 5WL.312 Native American open camp (flakes, mano & metate) unevaluated Sec 20 SW 5WL.808 Evans Historical marker (1860-1869) unevaluated Sec 29 NW NW 5WL.851 Union Pacific Railroad Bridge at Evans unevaluated Sec 29 SW SW 5WL.1553 David Finn house (814 40th Street) not eligible Sec 29 SW NW 5WL. 1558 Marlene Hookom house (3315 Trinidad Street) not eligible Sec 20 SE 5WL. 1573 Alberto Rios house (3620 Denver Street) not eligible Sec 29 5WL.2992 South Platte River Bridge C -18 -AG unevaluated Sec 29 SW 5WL.2997 South Platte River bridge C -18-K unevaluated Sec 29 SW 5WL.3155.1 Kiowa Creek -Weld Transmission Line (segment) supports eligibility Sec 21 W 5WL.3166 Weld -Greeley -Rosedale Transmission Line not eligible Sec 20 N SW 5WL.3449.3 Evans Town Ditch (segment) supports eligibility Sec 20 SW 5WL.5279 Reimer residence (1004 42nd Street) not eligible Sec 29 5WL.5296 Goetzel residence (3611 Idaho Street) Eligible Sec 20 SW 5WL.6924 Evans Historical Marker (Hwy 85) unevaluated Sec 29 SW NW 5WL.7515 Kerst residence (1010 36th Street) not eligible Sec 20 SW 5WL.7516 Julien residence (3519 Idaho Street) Eligible Sec 20 SW 5WL.7517 Ontiveros residence (3601 Idaho Street) not eligible Sec 20 SW 5WL.7518 Freeman residence (3608 St. Vrain Street) not eligible Sec 20 SW 5WL.8103.1 First Avenue (segment) not eligible Sec 20 SE 5WL.8106 Getz farmsite not eligible Sec 19 SW 22 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado One previously recorded structure (5WL.1553) lies within the defined APE for visual effects (see Figure 3). The David Finn House at 814 40th Street was inventoried in 1989 (by the county housing authority) and officially determined not eligible in consultation with the Colorado SHPO (see Table 3). Previously recorded cultural resources in the vicinity of the proposed St Wain Street/RR Pond Stormwater Outfall include one Native American site (5WL.312), located along the Evans Town Ditch and recorded in 1976; the site, which contains a mano, metate fragment, and some (unretouched?) flakes, yields little information about local Native American history. The remaining resources are all related to Euro-American settlement and include a segment of the Evans Town Ditch (5WL.3449.3), roadway and railroad bridges over the South Platte River, electric transmission lines, street segment (First Avenue), farmstead, and eight single-family dwellings located on various streets within Evans. Two of the dwellings have been officially determined eligible for the NRHP, while the remaining houses are officially determined not eligible (see Table 3). 23 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado 5.0 RESULTS One previously recorded site and eight newly recorded historic resources are located within the boundaries of the APE, as defined in Section 1. The newly recorded resources include segments of the UPRR, US Highway 85, St Vrain Street, 39th Street, 40th Street, and Golden Street in Evans and two municipal parks (RR Park & Riverside Park). Each resource is described individually in this section of the report, and the appropriate OAHP site forms and attach- ments are included in the appendix. Previously Recorded Cultural Resources. There is one previously recorded historic resource within the APE for the proposed project: a single-family residence located on 40th Street (within the APE for visual effects, as defined in Section 1; see Figure 3 & Table 1). 5WL.1553 David Finn House (814 40th Street, Evans) Located on the south side of 40th Street between Central and Boulder Streets, the David Finn House was inventoried by the Weld County Housing Authority in September 1989 and officially determined not eligible in consultation with the Colorado SHPO in October 1989. The house is a single -story wood frame structure, rectangular in plan, with a hipped roof and chimneys. It was constructed in 1898 and is classified as "vernacular" style. Newly Recorded Historic Resources. There are six newly recorded Euro- American linear resources within the boundaries of the APE. The resources include a segment of the Union Pacific Railroad (5WL.1969.101) and US Hwy 85 (5WL.6867.23) and segments of four streets in Evans: St Vrain Street (5WL.9071.1), 40th Street (5WL.9072.1), Golden Street (5WL.9073.1), and 39th Street (5WL.9076.1). Two small municipal parks also were recorded within the APE boundaries: Riverside Park (5WL.9074) and RR Park (5WL.9075). The appropriate OAHP forms and attachments have been completed for each resource and are included in the appendix of this report. 5WL.1969.101 Union Pacific Railroad (segment) The newly recorded segment of 5WL. 1969 extends from the centerline of 40th Street in the south to the center of a bridge over a drainage ditch north of 31St Street for a total distance of almost exactly 1 mile. Although the legal width of the railroad ROW is 400 feet, a width of 200 feet (61.5 meters) is used for the historic property boundary. The segment contains a single standard-gauge track; a small spur (475 feet in length) on the west side is connected to the mainline by a switch near 38th Street (Figure 9). 24 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado The Denver Pacific Railway was incorporated in 1867 with John Evans (former territorial governor) as company president; it became the first railroad to reach Denver. In 1869-1870, a total of 104 miles of track were laid from the transcontinental Union Pacific (UP) line in Cheyenne to Denver (a contract be- tween the Denver Pacific and the UP specified that the latter would lay the tracks in exchange for $3.5 million of stock in the former, and the right to operate the completed line). Track laying began in September 1869 in Cheyenne and crossed into Colorado on October 4, reaching the north bank of the South Platte River (Evans) on December 17. Construction resumed in early May 1870 with conversion of an existing wooden bridge for the railroad; Union Pacific Engine No. 28 became the first to cross the South Platte on May 8, while this segment (5WL.1969.101) was completed in December 1869. The small RR Park at the south end of this segment (north side of 40th Street) was the site of the Evans Depot, constructed in 1904. Figure 9. Union Pacific Railroad (originally Denver Pacific) segment completed in December 1869, looking north from 35th Street in Evans (photo by author 22 January 2020). The Denver Pacific/Union Pacific RR has been officially determined eligible for the NRHP under Criterion A for its role in transportation, as the first railroad to reach Denver. It also is associated with the lives of persons significant in the past, including John Evans and David Moffat (Criterion B). The newly recorded segment supports the eligibility of the resource as a whole. 25 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado 5WL.6867.23 U.S. Highway 85 (segment) This segment of US 85 extends from the centerline of 31st Street in the north to the centerline of 40th Street in the south, for a total distance of 4,450 feet (1369 meters). It is 140 feet (43 meters) in width. It is a four -lane limited access highway with a central median; the roadway on each side is roughly 40 feet wide, including the paved shoulders. There is only one intersection (with traffic signal) between the two ends of the segment at 37th Street. Figure 10. 1937 aerial photo shows the pre -1960 alignment and width of US 85 (white arrows). US 85 in northern Colorado follows an alignment similar to that of the original wagon road between Cheyenne and Denver and remained the main road between these two cities until the construction of I-25 in 1964. The alignment of this segment has changed significantly since the mid -20th century, however. In the early 20th century, the road extended south from Greeley along Eighth Ave into Evans on Boulder Street. At the south end of the Evans street grid, the road turned west (on what is now 42nd Street), exiting the town and crossing the river on a bridge (no longer present) located several thousand feet upstream of the UPRR bridge. During the 1920s, the roadway (which had been designated SH 3) became a federal highway and was named US 85 and part of the CanAm Highway. By 1937, this segment had been paved and the alignment 26 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado had been altered to follow the west side of the UPRR tracks beginning at 35th Street, crossing the river on a new bridge immediately upstream of the RR bridge (see Figure 10). By 1953, the segment had been widened shifted farther west to follow its current alignment, and in 1964, the Greeley Bypass with interchanges had been completed. At least ten segments of US 85 have been inventoried in Weld County, but the entire linear resource has not been surveyed and falls into the "needs data" category with respect to NRHP eligibility. 5WL.6867 is potentially significant under Criterion A for its role in 20th century automobile transportation in Colorado. The integrity of this segment (5WL.6867.23) has been compromised by significant changes in alignment and dimensions, and it does not support the eligibility of US 85 as a whole. 5WL.9071.1 St. Vrain Street, Evans, Colorado (segment) This segment of St Vrain Street extends from the south side of 37th Street along a north -south alignment to the south side of its intersection with 39th Street on the west side of US Hwy 85. It is 313 meters (1,017 feet) in length and 16 meters (52 feet) in width (encompassing sidewalks on both sides of the street). The roadway surface paved with asphalt, approximately 35 feet in width, and contains two traffic lanes. The recorded segment of St. Vrain Street was platted with the original town in November 1869, representing part of the 80 acres on the west side of the Denver Pacific Railway. The 1891 Evans map shows that a Roller Flour Mill was located at the northeast corner of the intersection with 39th Street (originally Seventh Street) and connected to the railroad with a short spur that joined the mainline south of 40th Street. The northern portion of the segment remained undeveloped until after World War II, but parcels along both sides of now are occupied by light industry and public buildings. The street was paved after 1950. The entire linear resource has not been surveyed and falls into the "needs data" category with respect to NRHP eligibility. 5WL.9071 is potentially significant under Criterion A for its role in late 19th and early 20th century community de- velopment in northeastern Colorado. The segment retains fundamental integ- rity of location, design, and setting, and supports the eligibility of the resource as a whole. 5WL.9072.1 40th Street (formerly Sixth Street), Evans (segment) This segment of 40th Street extends from the southwest corner of Railroad Park eastward to the east side of the intersection with Golden Street for a total distance of 425 meters (1,813 feet). The segment is 14 meters (45.5 feet) in width. The westernmost 400 feet of the segment remains unpaved; the roadway 27 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado along the remainder of the segment is roughly 28 feet in width and paved with asphalt. In addition to Railroad Park, located on the north side at the west end of the segment, Evans City Park (formerly the "Plaza") is located on the north side of the street at the east end of the segment (between Boulder and Golden Streets). Parcels along the street are occupied by single-family residences. Originally named Sixth Street, 40th Street was platted with the original town of Evans in November 1869 and remains fundamentally unchanged in terms of its alignment and setting; the westernmost portion of this segment remains un- paved. Both of the parks on the north side of the segment are unchanged in terms of their relationship to the street from the early 1870s, while the 1891 map indicates that the parcels along both sides of the street were small residential lots, as they are today. The eastern and central portions of the street were paved during the 1970s and the street was renumbered in the late 1970s, when it was incorporated into the Greeley street grid system of num- bering. The entire linear resource has not been surveyed and falls into the "needs data" category with respect to NRHP eligibility. 5WL.9072 is potentially significant under Criterion A for its role in late 19th and early 20th century community development in Colorado. The segment retains fundamental integrity of loca- tion, design, and setting, and supports the eligibility of the resource as a whole. 5WL.9073.1 Golden Street, Evans, Colorado (segment) This segment of Golden Street extends from the south side of the 39th Street intersection along a north -south axis to the end of the street at Riverside park and the intersection of 42nd Street. The total length of the segment is 482 meters (1,567 feet). The width of the segment is 14 meters (45.5 feet). The entire segment is paved with asphalt and the roadway surface is roughly 28 feet wide, accommodating two lanes of traffic. This segment of Golden Street was platted with the original town of Evans in November 1869 and remains unchanged in terms of its alignment and setting. The park on the west side of the northern portion of the segment (formerly named the "Plaza") also was created in 1869, while the 1891 map indicates that the parcels along both sides of the street were small residential lots, as they are today. The west side of the southern end of the segment was not developed until the 1970s, while the east side of the southern portion is primarily occupied by a horse ranch (i.e., the small lots were never developed as individual residences). The most significant change at the south end of the street was the creation of Riverside Park, including the pond, in the 1960s. The entire linear resource has not been surveyed and falls into the "needs data" category with respect to NRHP eligibility. 5WL.9073 is potentially significant under Criterion A for its role in late 19th and early 20th century community 28 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado development in Colorado. The segment retains fundamental integrity of loca- tion, design, and setting, and supports the eligibility of the resource as a whole. 5WL.9074 Riverside Park, Evans, Colorado Riverside Park is located in the southeast corner of Section 29 on the north side of the South Platte River and occupies a total area of - 100 acres. The park contains a large pond (Riverside Pond) in the southwest area of the park, as well as four softball fields, a playground with climbing wall, basketball and pickleball courts, restrooms and parking lots, all located in the eastern portion of the park. The park is accessed from several streets in the southeast part of the city, including Golden Street and 40th Street; it is owned by the City of Evans. Both the pond and the park were created in the 1960s and are not part of late 19th and early 20th century Evans, although the southwest portion of the park adjoins the original town plat (1869). The pond, used for recreational fishing, was constructed in the 1960s, but the sports fields and other infrastructure were not completed until the 1990s. In September 2013, a massive flood largely destroyed the park. The city reopened the southwest portion of the park, including the pond, in 2014, and 2018, the entire park was reopened. Riverside Park is recommended as not eligible for the NRHP or the state register because it does not meet any of the criteria listed in 36 CFR 60 (or in CRS 24-80.1-107). The park is of relatively recent age and has not contributed significantly to the history of Evans, nor is associated with significant persons in local or state history. It does not exhibit the distinctive characteristics of a type or period and is not important geographically. The park has low potential to contribute important information on prehistory or history. 5WL.9075 Railroad Park, Evans, Colorado Railroad Park is located between 39th and 40th Streets, on the east side of the UPRR. The boundaries of the park, which form a right triangle in plan, are a product of the original town plat, which created an orthogonal street grid accommodating a diagonal railroad corridor. The park occupies 1.6 acres and although it lies entirely within the ROW of the UPRR, it is owned by the City of Evans. The south half of the park contains a shallow basin. Vegetation now is mostly confined to grasses and weedy forbs, although two trees remain on the margins (trees originally lined all three sides of the park). RR Park was created by the original 1869 town plat, on the east side of the Denver Pacific Railway, between Sixth and Seventh Streets, and its boundaries have remained unchanged for the past 150 years. The name of the park is derived from its longstanding association with the railroad. Although the brick Evans Depot reportedly was not constructed until 1904 (Arnusch 2014: 26), 29 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado the 1891 map indicates a depot in the same approximate location on the west side of the park. RR Park was a central location in early Evans and two major buildings (Gerry House and Young's Hall) were located here on the opposite side of Denver Street. The town paper (Evans Courier) office was located off the northeast corner of the park (see Figure 11). Railroad Park is potentially eligible for the NRHP under Criterion A for its contribution to the early history of Evans and the Denver Pacific Railway (later Union Pacific). However, the integrity of the property has been compromised with respect to design, materials, association, and setting. The depot has been demolished, along with the major buildings that formerly overlooked the park, and most of the trees that formerly lined the margins of the park are no longer present. Accordingly, it is recommended as not eligible for either the state or federal registers. —a a — 141111 „1 ®,. IhI kflr 1111 i11 N V / I� 1111! III II liii � ��0 I1i111 IHIlL app r ' i ISM S S � '5 -- �_ — —ST aI— �:S1 ter: sera �JS _- -S- SI- a-- -.- at. i(- -v- Sr- 57 5 5Is Figure 11. Portion of the 1891 Evans map, showing the location and setting of RR Park (source: City of Evans). 5WL.9076.1 39th Street (formerly Seventh Street), Evans (segment) This segment of 39th Street extends from the west side of US Hwy 85 at the intersection with St Wain Street, eastward across both the highway and rail- road, to the east terminus of the street at Pueblo Street, for a total distance of 786 meters (2,555 feet). The width of the segment is 14 meters (45.5 feet). The entire roadway is paved with asphalt, roughly 32 feet in width, and accom- modates two lanes of traffic. The recorded segment represents the entire eastern and original portion of 39th Street (which also is present in the newer, western part of Evans). A ditch lateral (largely buried) connected to the Evans Town Ditch runs along the north side of the street. 30 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado Formerly named Seventh Street, 39th Street was platted with the original town of Evans in November 1869 and remains fundamentally unchanged in terms of its alignment. The recorded segment complements the segment of 40th Street described above. Seventh Street was originally a central thoroughfare in Evans and the town hall was located on the northeast corner of the Central Street intersection, and the town paper (Evans Courier) office was located at the Den- ver Street intersection. Both of the parks on the south side of the segment (Railroad Park and Evans City Park [formerly the "Plaza"]) are unchanged in terms of their relationship to the street from the early 1870s. The eastern end of the segment has always been dominated by single-family residences; however, the wooden church building located on the south side of the street at the corner of Empire (originally Methodist Episcopal Church) has been present since the early 1870s. The street was paved and renumbered during the 1970s, when it was incorporated into the Greeley street grid system. The entire linear resource has not been surveyed and falls into the "needs data" category with respect to NRHP eligibility. 5WL.9076 is potentially significant under Criterion A for its role in late 19th and early 20th century community de- velopment in northeastern Colorado. The segment retains fundamental integ- rity of location, design, and setting, and supports NRHP eligibility. 31 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado 6.0 RECOMMENDATIONS An inventory of historic resources encountered during a survey of the APE for the proposed St Vrain Street/RR Pond Stormwater Outfall in Evans included one previously recorded house (5WL.1553) and eight newly recorded Euro- American sites and linear features: segments of the Union Pacific Railroad (5WL.1969.101), US Hwy 85 (5WL.6867.23), First Avenue (5WL.8103.4), Empire Street (5WL.9062.2), Central Street (5WL. 9067.1), and 35th Street (5WL.9068.1, 5WL.9068.2); and one farmstead: 239 35th Street (5WL.9069). No Native American resources were identified within the APE. The NRHP eligibility status of these linear resources is discussed individually below with recommendations on the status of resources that have not been subject to official determination (see Table 4). The David Finn House at 814 40th Street (5WL.1553) was officially determined not eligible for the NRHP in October 1989. 5WL.1969 (Denver Pacific/Union Pacific RR): The UPRR has been officially de- termined eligible for the NRHP under Criterion A for its role in transportation, as the first railroad to reach Denver. It also is associated with the lives of persons significant in the past, including John Evans and David Moffat (Criterion B). The recorded segment (5WL.1969.101) was originally construc- ted in December 1869, retains integrity of setting, design, and materials, and supports the eligibility of the resource as a whole. 5WL.6867.23 (US Hwy 85): The entire linear resource has not been surveyed and falls into the needs data category with respect to NRHP eligibility. The resource is potentially significant under Criterion A for its role in early 20th century automobile transportation in Colorado. The integrity of this newly recorded segment (5WL.6867.23) has been compromised by significant changes in alignment and dimensions, and it does not support the eligibility of US Hwy 85 in Weld County as a whole. 5WL.9071 (St Vrain Street): The entire linear resource has not been surveyed and falls into the needs data category with respect to NRHP eligibility. It is potentially significant under Criterion A for its role in late 19th and early 20th century community development in northeastern Colorado. It is recommended that the resource be "treated as eligible for the purposes of Section 106." The recorded segment (5WL.9072. 1) retains fundamental integrity of location, design, and setting, and supports NRHP eligibility. 5WL.9072 (40th Street): The entire linear resource has not been surveyed and falls into the needs data category with respect to NRHP eligibility. It is potentially significant under Criterion A for its role in late 19th and early 20th 32 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado century community development in northeastern Colorado. It is recommended that the resource be "treated as eligible for the purposes of Section 106." The recorded segment (5WL.9072.1) retains fundamental integrity of location, design, and setting, and supports NRHP eligibility. 5WL.9073 (Golden Street): The entire linear resource has not been surveyed and falls into the needs data category with respect to NRHP eligibility. The resource is potentially significant under Criterion A for its role in late 19th and early 20th century community development in northeastern Colorado. It is recommended that the resource be "treated as eligible for the purposes of Section 106." The recorded segment (5WL.9073.1) retains fundamental integrity of location, design, and setting, and supports NRHP eligibility. 5WL.9074 (Riverside Park): The park is recommended as not eligible for the NRHP or the state register because it does not meet any of the criteria listed in 36 CFR 60 (or in CRS 24-80.1-107). Riverside Park is of relatively recent age and has not contributed significantly to the history of Evans, nor is it associated with significant persons in local or state history. It does not exhibit the distinctive characteristics of a type or period and is not important geo- graphically. The park has low potential to contribute important information on prehistory or history. 5WL.9075 (Railroad Park): RR Park is potentially eligible for the NRHP under Criterion A for its contribution to the early history of Evans and the Denver Pacific Railway (later Union Pacific). However, the integrity of the property has been compromised with respect to design, materials, association, and setting. The depot has been demolished, along with the major buildings that formerly overlooked the park, and most of the trees that formerly lined the margins of the park are no longer present. Accordingly, it is recommended as not eligible for either the state or federal registers. 5WL.9076 (39th Street): The entire linear resource has not been surveyed and falls into the needs data category with respect to NRHP eligibility. It is potentially significant under Criterion A for its role in late 19th and early 20th century community development in northeastern Colorado. It is recommended that the resource be "treated as eligible for the purposes of Section 106." The recorded segment (5WL.9076.1) retains fundamental integrity of location, design, and setting, and supports NRHP eligibility. Thirty-six parcels that adjoin the APE for direct effects contain buildings >50 years in age. These parcels were designated as the APE for effects to visual setting. The parcels are listed by address in Table 1. The buildings in the APE for visual effects were not inventoried for this historic resource survey, and it is recommended that they be "treated as eligible for the purposes of Section 106." 33 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado It is recommended that the proposed St Wain Street/RR Pond Stormwater Outfall would have an effect on historic properties (i.e., properties either listed on or officially determined eligible for inclusion in the NRHP) but that the effect would not be adverse (i.e., no adverse effect). The proposed action would have direct physical effects on recommended ("field") supporting segments of four linear resources that must be treated as eligible for the purposes of Section 106 (5WL.9071.1, 5WL.9072.1, 5WL.9073.1, and 5WL.9076.1). New drainage pipes would be installed beneath the surface of each roadway. After installation of the drainage pipes, the roadway surfaces would be restored to their current appearance; long-term physical effects to the resource therefore would be negligible. The proposed action would have an effect on the visual setting of supporting segments of one other linear resource (5WL.1969.101), but these effects would be short-term construction -phase impacts; there would be no long-term effects to the visual setting of either resource (see Table 4). Table 4. Recommendations of NRHP Elieibility and Effects Site No. Description NRHP status Effect 5WL.1969.101 Union Pacific Railroad (segment) supports eligibility no adverse effect 5WL.6867.23 US Hwy 85 (segment) not supporting eligibility N/A 5WL.9071.1 St Wain Street (segment) supports eligibility no adverse effect 5WL.9072.1 40th Street (segment) supports eligibility no adverse effect 5WL.9073.1 Golden Street (segment) supports eligibility no adverse effect 5WL.9074 Riverside Park field not eligible N/A 5WL.9075 RR Park field not eligible N/A 5WL.9076.1 39th Street (segment) supports eligibility no adverse effect The proposed action would have an effect on the visual setting of buildings greater than 50 years in age on the 35 parcels that adjoin the APE for direct effects and are recommended "treat as eligible for the purposes of Section 106" (listed above). These effects would be related to construction of the stormwater outfall and would be short-term visual effects. (The 36th parcel in the APE for visual effects contains 5WL. 1553, which is officially determined not eligible). 34 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado 7.0 SUMMARY A historic resources survey was performed for a proposed stormwater outfall located between St Vrain Street and Riverside Pond in the City of Evans, Weld County, Colorado in the western half of Section 29 in 6th P.M., Township 5 North Range 65 West. The City of Evans proposes to install subsurface drainpipes from along St Vrain Street to RR Park via 39th Street, east along 40th Street, and then south via Golden Street to an outfall on Riverside Pond. The APE for direct effects includes those portions of the ROW along St Vrain Street, 39th Street, 40th Street, and Golden Street within which new subsurface drainpipes would be installed. The APE for direct effects also includes two municipal parks: RR Park and Riverside Park. An APE for visual effects also was defined and includes 36 parcels that (a) adjoin the APE for direct effects, and (b) contain buildings that were constructed more than 50 years ago (i.e., before 1970). A search of the Compass database in January 2020 revealed that no surveys had been conducted, and no historic resources previously recorded, within the APE for direct effects. One historic resource was previously recorded within the APE for visual effects. A Class III intensive pedestrian surface survey of the APE for direct effects was performed during January 2020. Pedestrian linear transects were walked along the proposed ROWs and ground surface visibility was estimated at -15%. Newly recorded resources included segments of six linear resources, including the Union Pacific RR (5WL.1969.101), US Hwy 85 (5WL.6867.23), St Vrain Street (5WL.9071.1), 40th Street (5WL.9072.1), Golden Street (5WL.9073.1), and 39th Street (5WL.9076.1), and two municipal parks: Riverside Park (5WL.9074) and RR Park (SWL.9075). The linear resources are either officially determined eligible (UPRR) or in the "needs data" category (US Hwy 85, St Vrain Street, 39th Street, 40th Street, and Golden Street) which requires that they be treated as eligible for the purposes of Section 106. Four of the latter (5WL.9071.1, 5WL.9072.1, 5WL.9073.1, 5WL.9076.1) are recommended as supporting segments. Buildings >50 years in age on the 36 parcels that adjoin the APE for direct effects were not inventoried and are recommended to be "treated as eligible for the purposes of Section 106." It is recommended that the proposed St Vrain Street/RR Pond Stormwater Out - fall would have an effect on historic properties, but that the effect would not be adverse. 35 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado 8.0 BIBLIOGRAPHY Abbott, Carl, Stephen J. Leonard, and David McComb 1982 Colorado: A History of the Centennial State. Revised edition. Boulder: Colorado associated University Press. Arnusch, Sarah 2014 Images of America: Evans. Charleston (SC): Arcadia Publishing. Beals, Ralph L. 1936 Ethnology of Rocky Mountain National Park: The Ute and Arapaho. Berkeley: National Park Service. Cassells, E. Steve 1997 The Archaeology of Colorado. Boulder, Colorado: Johnson Books. Chronic, Halka and Felicie Williams 2002 Roadside Geology of Colorado. Second edition. Missoula: Mountain Press Publishing Co. Colton, Roger B. 1976 Geologic Map of the Boulder -Fort Collins -Greeley Area, Colorado. USGS Miscellaneous Investigations Series I -855-G, Version 1.1. Washington: U.S. Geological Survey, U.S. Department of the Interior. Crabb, James A. 1980 Soil Survey of Weld County, Colorado, Southern Part. United States Department of Agriculture Soil Conservation Service in Cooperation with Colorado Agricultural Experiment Station. Washington D.C.: U.S. Government Printing Office. Davis, Elmer O. 1948 The First Five Years of the Railroad Era in Colorado. Golden (CO): Sage Books, Inc. Evans Centennial -Bicentennial Commission A Centennial - Bicentennial Souvenir Album of Evans, Colorado, 1869- 1976. Evans: Evans Centennial -Bicentennial Commission, Accent Graphic Images. 60 pp. Gilmore, Kevin P. 2011 Geomorphology and paleoenvironment at two Late Archaic Period sites in Arapahoe County, Colorado. CCPA Newsletter 33(1): 5-9. 36 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado Gilmore, Kevin P., Marcia Tate, Mark L. Chenault, Bonnie Clark, Terri McBride, and Margaret Wood 1999 Colorado Prehistory: A Context for the Platte River Basin. Denver, Colorado: Colorado Council of Professional Archaeologists. Hoebel, E. Adamson 1960 The Cheyennes: Indians of the Great Plains. New York: Holt, Rinehart, and Winston. Holliday, Vance T. 1987 Geoarchaeology and late Quaternary geomorphology of the Middle South Platte River, northeastern Colorado. Geoarchaeology 2(4): 317 - 329. Hunt, Charles B. 1954 Pleistocene and Recent Deposits in the Denver Area Colorado. Geological Survey Bulletin 996-C. Washington DC: GPO. Kroeber, Alfred Louis 1975 The Arapaho. Fairfield: Ye Galleon Press. Lindsey, David A., William H. Langer, and Daniel H. Knepper, Jr. 2005 Stratigraphy, Lithology, and Sedimentary Features of Quaternary Alluvial Deposits of the South Platte River and Some of its Tributaries East of the Front Range, Colorado. U.S. Geological Survey Professional Paper 1705. Lynch, Nancy 2011 Weld County Towns: The First 150 Years. San Antonio: Historical Publishing Network. Mehls, S. F. 1984 The New Empire of the Rockies: A History of Northeast Colorado. Denver: U.S. Bureau of Land Management. Mehls, Carol Drake, and Steven F. Mehls. 1888 Weld County, Colorado: Historic Agricultural Context. Colorado Historical Society Office of Archaeology and Historic Preservation, Denver, Colo. Muller Engineering Company 2016 Drainage Master Plan. Prepared for the City of Evans, CO by Muller Engineering Co., Lakewood, CO. 37 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado Nelson, Sarah M., K. Lynn Berry, Richard F. Carrillo, Bonnie L. Clark, Lori E. Rhodes, and Dean Saitta 2008 Denver: An Archaeological History. Boulder: University Press of Colorado. Noel, Thomas J., Paul F. Mahoney, and Richard E. Stevems 1994 Historical Atlas of Colorado. Norman: University of Oklahoma Press. OAHP (Office of Archaeology and Historic Preservation) 2007 Colorado Cultural Resource Survey Manual. Guidelines for Identification: History and Archaeology. Volume I: The Steps. Colorado Historical Society, Office of Archaeology and Historic Preservation. Copy available at www.coloradohistory-oahp.com. Schweigert, Kurt P. 1998 Historical Evaluation Western Area Power Administration Colorado, Wyoming, Nebraska, Utah. Western Area Power Administration, Rocky Mountain Region. Unpublished manuscript on file with the Office of Archaeology and Historic Preservation, Denver, Colorado. Simmons, R. Laurie and Thomas H. Simmons 1991 Weld County Farm and Ranch Survey, 1990-1991 Survey Report. Front Range Research Associates, Inc. Copy on file at the Office of Archaeology and Historic Preservation, History Colorado, Denver CO (August 1991). Stone, Tammy 1999 The Prehistory of Colorado and Adjacent Areas. Salt Lake City, Utah: The University of Utah Press. USDA-NRCS (U.S. Department of Agriculture -National Resources Conservation Service) 2020 NRCS Web Soil Survey (http://websoilsurvey.nres. usda.gov/). Wilkins, Tivis E. 1974 Colorado Railroads: Chronological Development. Boulder: Pruett Publishing. Wray, Vincent and Mindy Burkitt 2017 Class III Intensive Cultural Resources Inventory of Extraction Oil & Gas's Ardrey 21-1 Well & Access, Ash 9B Well, Greeley Directional Well, Vetting 15-H Well/Facility & Access, and Wake North 32-K Wells & Access, Weld County, Colorado. Copy on file at History Colorado, Denver CO. Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado 9.0 SURVEY LOG SURVEY LOG FOR ST VRAIN STREET/RR POND STORMWATER OUTFALL PROJECT SITE NO. PROPERTY NAME Yearof Construction eligibility status 5WL.1969.101 Union Pacific Railroad segment 1869 field supporting 5WL.6867.23 US Hwy 85 segment 1924 field not supporting 5WL.9071.1 St Vrain Street segment 1869 field supporting 5WL.9072.1 40th Street segment 1869 field supporting 5WL.9073.1 Golden Street 1869 field supporting 5WL.9074 Riverside Park 1960s field not eligible 5WL.9075 Railroad Park 1869 field not eligible 5WL.9076.1 39th Street segment 1869 field supporting 39 Historic Resources Survey for St Vrain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado MAP OF SITE LOCATIONS 6th P.M., T 5 N, R 65 W, Section 20 ,`� _ __________:.7' . _ __ _ - 1 •, 45.E + 1 . 0 465 4641 �.._, - -' P 1" 5WL.1969.101 IIS • / r 5',, 9076.1 / . F /1 5WL.6867.23 .. •e, f•A ✓ .t ;il'• 1 • �.� f' t• • - '� • AREA ` ten •'' `� 11 ^ i. cN �I .--!� D I SURVEYED ; .i 5WL.9071.1 :iii ?� '1. 3c— �• yE ,./_ ati lU •D•1 • M '� • .' Vtf fo 11 5WL.9075 ' + 5WL.9073.1 46= 29 �r30 •LCT _ 5WL.9072.1 '' e 5WL.9074 ��• F,h 4653 - SCALE 1:24 000 I Z 0 1 MILE 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET I .5 0 1 KILOMETER CONTOUR INTERVAL 10 FEET 7.5 -minute series (topographic): Greeley quadrangle (1950/1980) 40 Historic Resources Survey for St Wain Street/RR Pond Stormwater Outfall, Evans, Weld County, Colorado APPENDIX: SITE FORMS 41 1+! History Colorado Don Sandoval CDBG Manager Weld County CDBG Program Greeley, CO 80632 RE: Weld County Community Development Block Grant Program- City of Evans Idaho Street Upgrades (HC# 80713) Dear Mr. Sandoval, Thank you for the additional information and documentation provided by Mark Obershcmidt through email on December 1 and 8, 2021 continuing consultation for the above referenced undertaking under Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations 36 CFR 800. Due to funding from the U.S. Department of Housing and Urban Development (HUD), HUD comprises the federal agency responsible for meeting the requirements of Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations 36 CFR 800 for the subject undertaking. This includes the identification of historic properties within the area of potential effects (APE) and the assessment of whether the undertaking will have an effect upon such properties. Appropriate application of the Section 106 regulations require that the agency not only consider direct and indirect effects associated with areas of proposed construction, but that it consider effects that are reasonably foreseeable, that may occur later in time, and that may be farther removed in distance or be cumulative (see 36 CFR 800.5(a)(1)). The State Historic Preservation Officer, Native American Tribes, representatives of local governments, and applicants for Federal permits, licenses or other approval are entitled to consultative roles in this process. The additional documentation provided to our office included the results of a recently completed cultural resource inventory. The inventory resulted in the identification of 5WL.9075, a historic park. A review of historic and modem orthoimagery and topographic maps shows that the resource location has been altered and disturbed since the historic era and no longer retains components of the original park. In particular, a modem stormwater pond has been constructed in the resource. As a result, we agree with the finding that 5WL.9075 is not eligible for the National Register of Historic Places. Based on the documentation provided, we fmd that a finding of no adverse effect [36 CFR 800.5(d)(1)] to historic properties is appropriate for the subject undertaking. Should unidentified archaeological resources be discovered in the course of the project, work must be interrupted until the resources have been evaluated in terms of the National Register eligibility criteria (36 CFR 60.4) in consultation with our office pursuant to 36 CFR 800.13. Also, should the consulted -upon scope of the work change, please contact our office for continued consultation under Section 106 of the NHPA. We request being involved in the consultation process with the local government, which as stipulated in 36 CFR 800.3 is required to be notified of the undertaking, and with other consulting parties. Additional information provided by the local government or consulting parties might cause our office to re-evaluate our eligibility and potential effect findings. Please note that our compliance letter does not end the 30 -day review period provided to other consulting parties. €l History Colorado Thank you for the opportunity to comment. If you have any questions, please contact Matthew Marques, Section 106 Compliance Manager, at (303) 866-4678, or matthew.marques@state.co.us. Sincerely, Dr. Holly Kathryn Norton Dawn DiPrince State Historic Preservation Officer Digitally signed by Dr. Holly Kathryn Norton Date: 2021.12.14 11:04:25 -07'00' Note: On Tuesday, October 19, 2021, Governor Jared Polis appointed Dawn DiPrince as the new Colorado State Historic Preservation Officer. The State Historic Preservation Officer has the delegated authority to represent the State of Colorado in carrying out the responsibilities specified in the National Historic Preservation Act, and in the regulations and administrative requirements established for implementation of the NI -IPA. Please join us in welcoming Ms. DiPrince to this new capacity. Nov. 18, 2021 WELD COUNTY CDBG PROGRAM PHONE: (970) 400-4480 1150O STREET P.O. BOX 758 GREELEY, COLORADO 80632 www.weldgov.com Max Bear, THPO Cheyenne and Arapahoe Tribes 700 S Black Kettle Blvd. Concho, OK 73022 Re: Idaho Street Project, Evans, CO 80620 Community Development Block Grant Program Dear Tribal Historic Preservation Officer Bear, The Weld County Community Development Block Grant Program is considering funding the project listed above with federal funds from the U.S. Department of Housing and Urban Development (HUD). Under HUD regulation 24 CFR 58.4, the Weld County Community Development Block Grant Program has assumed HUD's environmental review responsibilities for the project, including tribal consultation related to historic properties. Historic properties include archeological sites, burial grounds, sacred landscapes or features, ceremonial areas, traditional cultural places and landscapes, plant and animal communities, and buildings and structures with significant tribal association. The Weld County Community Development Block Grant Program will conduct a review of this project to comply with Section 106 of the National Historic Preservation Act and its implementing regulations 36 CFR Part 800. We would like to invite you to be a consulting party in this review to help identify historic properties in the project area that may have religious and cultural significance to your tribe, and if such properties exist, to help assess how the project might affect them. If the project might have an adverse effect, we would like to discuss possible ways to avoid, minimize or mitigate potential adverse effects. According to the U.S. Dept. of Housing and Urban Development's Tribal Assessment Directory Tool, Weld County, Colorado is an area of interest to the Cheyenne and Arapahoe Tribes. The project location borders on the South Platte River Valley which allowed many to hunt and trade with each other in what is now Colorado. To meet project timeframes, if you would like to be a consulting party on this project, can you please let us know of your interest within 30 days? If you have any initial concerns with impacts of the project on religious or cultural properties, can you please note them in your response? Enclosed is a map that shows the project area and an additional area of potential indirect effects. This project consists of infrastructure improvements along Idaho Street between 40th and 42n0 Streets as well as improvements to an existing stormwater/water quality feature at Idaho and 40th Streets within the city limits of the City of Evans, Colorado. Currently this two -block section of Idaho Street is unpaved and unimproved. The City of Evans will be replacing an older, existing waterline underneath this section of road, installing a new stormwater management system, building new sidewalks and paving these two blocks Idaho Street. The stormwater pond will be expanded and the outlet structure modified to improve the efficiency of the system. More information on the Section 106 review process is available at http://www. onecod. info/environmental-review/historic-preservation/. HUD's process for tribal consultation under Section 106 is described in a Notice available at https://www.onecpd info/resource/2448/notice-cpd-12-006-tribal-consultation-under-24-cfr-part 58. If you do not wish to consult on this project, can you please inform us? If you do wish to consult, can you please include in your reply the name and contact information for the community's principal representative in the consultation if not yourself? Thank you very much. We value your assistance and look forward to consulting further if there are historic properties of religious and cultural significance to your tribe that may be affected by this project. Sincerely, Don Sandoval, CDBG Manager Phone: 970 400-4480 dosandovak weldoov.com WELD COUNTY C)NLINE Idaho Street Project area, r Evans CO �•' �-� f\4A1'I'INt:� p. • t � � t• . :s; ci 4j err .. ' f //7 1 •. -� F � S (f. Sr a rte/ O• . ^ • a, u� • . ' O • .' 11 / J d • � • • J f • •� �i• + ' sl/ • :z - .. - • ii . • . • • . - • :. •. • 1.2 0 572.08 1,144.2 Feet This map is a user generated static ou-put from an Internet maoping site and is for t_ t reference only. Data layers that appear on this map may or may not be accurate, WGS_1984 Web_Mercator Auxiliary_Sphere current, or otherwise reliable J Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION From: Cynthia Martin To: mbear@c-a-tribes.ora Cc: Don Sandoval (dosandoval()weldaov.com) Subject: Consultation letter - Idaho Street Project, City of Evans, CO Date: Thursday, November 18, 20214:15:37 PM Attachments: Consultation letter M Bear.pdf THPO Bear, The Weld County CDBG Program is conducting a Section 106 review on a proposed project in the City of Evans, Colorado. The attached letter provides project details, a project location map and an invitation to be a consulting party if you so wish. Thank you for your time and attention to this matter. Best, Cynthia Martin, AICP CDBG Analyst Weld County Community Development Block Grant Program 1150 O Street Greeley, CO 80632 Phone: 970-400-4481 Cell: 970-573-1769 Nov, 18, 2021 WELD COUNTY CDBG PROGRAM PHONE: (970) 400-4480 1150O STREET P.O. BOX 758 GREELEY, COLORADO 80632 www.weldgov.com Ben Ridgley, THPO Arapaho Tribe of the Wind River Reservation PO Box 67 St. Stevens, WY 82524 Re: Idaho Street Project, Evans, CO 80620 Community Development Block Grant Program Dear Tribal Historic Preservation Officer Ridgley, The Weld County Community Development Block Grant Program is considering funding the project listed above with federal funds from the U.S. Department of Housing and Urban Development (HUD). Under HUD regulation 24 CFR 58.4, the Weld County Community Development Block Grant Program has assumed HUD's environmental review responsibilities for the project, including tribal consultation related to historic properties. Historic properties include archeological sites, burial grounds, sacred landscapes or features, ceremonial areas, traditional cultural places and landscapes, plant and animal communities, and buildings and structures with significant tribal association. The Weld County Community Development Block Grant Program will conduct a review of this project to comply with Section 106 of the National Historic Preservation Act and its implementing regulations 36 CFR Part 800. We would like to invite you to be a consulting party in this review to help identify historic properties in the project area that may have religious and cultural significance to your tribe, and if such properties exist, to help assess how the project might affect them. If the project might have an adverse effect, we would like to discuss possible ways to avoid, minimize or mitigate potential adverse effects. According to the U.S. Dept. of Housing and Urban Development's Tribal Assessment Directory Tool, Weld County, Colorado is an area of interest to the Arapaho Tribe of the Wind River Reservation. The project location borders on the South Platte River Valley which allowed many to hunt and trade with each other in what is now Colorado. To meet project timeframes, if you would like to be a consulting party on this project, can you please let us know of your interest within 30 days? If you have any initial concerns with impacts of the project on religious or cultural properties, can you please note them in your response? Enclosed is a map that shows the project area and an additional area of potential indirect effects. This project consists of infrastructure improvements along Idaho Street between 40th and 42nd Streets as well as improvements to an existing stormwater/water quality feature at Idaho and 40th Streets within the city limits of the City of Evans, Colorado. Currently this two -block section of Idaho Street is unpaved and unimproved. The City of Evans will be replacing an older, existing waterline underneath this section of road, installing a new stormwater management system, building new sidewalks and paving these two blocks Idaho Street. The stormwater pond will be expanded and the outlet structure modified to improve the efficiency of the system. More information on the Section 106 review process is available at http://www.onecpd. info/environmental-review/historic-preservation/. HUD's process for tribal consultation under Section 106 is described in a Notice available at htti s.//www.onecpd.info/resource/2448/notice-cpd-12-006-tribal-consultation-under-24-cfr-gait;58. If you do not wish to consult on this project, can you please inform us? If you do wish to consult, can you please include in your reply the name and contact information for the community's principal representative in the consultation if not yourself? Thank you very much. We value your assistance and look forward to consulting further if there are historic properties of religious and cultural significance to your tribe that may be affected by this project. Sincerely, Don Sandoval, CDBG Manager Phone: 970 400-4480 dosandoval c(weldgov.com From: Cynthia Martin To: benridalev007@amail.com Cc: Don Sandoval (dosandoval(&weldaov.com) Subject: Consultation letter - Idaho Street Project, City of Evans, CO Date: Thursday, November 18, 20214:28:37 PM Attachments: Consultation letter B Rid.odf THPO Ridgley, The Weld County CDBG Program is conducting a Section 106 review on a proposed project in the City of Evans, Colorado. The attached letter provides project details, a project location map and an invitation to be a consulting party if you so wish. Thank you for your time and attention to this matter. Best, Cynthia Martin, AICP CDBG Analyst Weld County Community Development Block Grant Program 1150 O Street Greeley, CO 80632 Phone: 970-400-4481 Cell: 970-573-1769 Nov. 18, 2021 WELD COUNTY CDBG PROGRAM PHONE: (970) 400-4480 1150O STREET P.O. BOX 758 GREELEY, COLORADO 80632 www.weldgov.com Teanna Limpy, THPO Northern Cheyenne Tribe PO Box 128 Lame Deer, MT 59043 Re: Idaho Street Project, Evans, CO 80620 Community Development Block Grant Program Dear Tribal Historic Preservation Officer Limpy, The Weld County Community Development Block Grant Program is considering funding the project listed above with federal funds from the U.S. Department of Housing and Urban Development (HUD). Under HUD regulation 24 CFR 58.4, the Weld County Community Development Block Grant Program has assumed HUD's environmental review responsibilities for the project, including tribal consultation related to historic properties. Historic properties include archeological sites, burial grounds, sacred landscapes or features, ceremonial areas, traditional cultural places and landscapes, plant and animal communities, and buildings and structures with significant tribal association. The Weld County Community Development Block Grant Program will conduct a review of this project to comply with Section 106 of the National Historic Preservation Act and its implementing regulations 36 CFR Part 800. We would like to invite you to be a consulting party in this review to help identify historic properties in the project area that may have religious and cultural significance to your tribe, and if such properties exist, to help assess how the project might affect them. If the project might have an adverse effect, we would like to discuss possible ways to avoid, minimize or mitigate potential adverse effects. According to the U.S. Dept. of Housing and Urban Development's Tribal Assessment Directory Tool, Weld County, Colorado is an area of interest to the Northern Cheyenne Tribe. The project location borders on the South Platte River Valley which allowed many to hunt and trade with each other in what is now Colorado. To meet project timeframes, if you would like to be a consulting party on this project, can you please let us know of your interest within 30 days? If you have any initial concerns with impacts of the project on religious or cultural properties, can you please note them in your response? Enclosed is a map that shows the project area and an additional area of potential indirect effects. This project consists of infrastructure improvements along Idaho Street between 40th and 42"d Streets as well as improvements to an existing stormwater/water quality feature at Idaho and 40th Streets within the city limits of the City of Evans, Colorado. Currently this two -block section of Idaho Street is unpaved and unimproved. The City of Evans will be replacing an older, existing waterline underneath this section of road, installing a new stormwater management system, building new sidewalks and paving these two blocks Idaho Street. The stormwater pond will be expanded and the outlet structure modified to improve the efficiency of the system. More information on the Section 106 review process is available at http://www. onecpdinfo/environmental-review/histonc-preservatron/ HUD's process for tribal consultation under Section 106 is described in a Notice available at https://www.onecod info/resource/2448/notice-cod-12-006-tribal-consultation-under-24-cfr-hart-58. If you do not wish to consult on this project, can you please inform us? If you do wish to consult, can you please include in your reply the name and contact information for the community's principal representative in the consultation if not yourself? Thank you very much. We value your assistance and look forward to consulting further if there are historic properties of religious and cultural significance to your tribe that may be affected by this project. Sincerely, Don Sandoval, CDBG Manager Phone: 970 400-4480 dosandovai _ ekigov.com From: Cynthia Martin To: Teanna.Limoy@cheyennenation.com Cc: Don Sandoval (dosandoval@)weldgov.com) Subject: Consultation letter - Idaho Street Project, City of Evans, CO Date: Thursday, November 18, 20214:23:33 PM Attachments: Consultation letter T Limpy.odf THPO Limpy, The Weld County CDBG Program is conducting a Section 106 review on a proposed project in the City of Evans, Colorado. The attached letter provides project details, a project location map and an invitation to be a consulting party if you so wish. Thank you for your time and attention to this matter. Best, Cynthia Martin, AICP CDBG Analyst Weld County Community Development Block Grant Program 1150 O Street Greeley, CO 80632 Phone: 970-400-4481 Cell: 970-573-1769 Nov. 18, 2021 WELD COUNTY CDBG PROGRAM PHONE: (970) 400-4480 1150O STREET P.O. BOX 758 GREELEY, COLORADO 80632 www.weldgov.com Bobby Komardley, Chairman Apache Tribe of Oklahoma PO Box 1330 Anadarko, OK 73005 Re: Idaho Street Project, Evans, CO 80620 Community Development Block Grant Program Dear Chairman Komardley, The Weld County Community Development Block Grant Program is considering funding the project listed above with federal funds from the U.S. Department of Housing and Urban Development (HUD). Under HUD regulation 24 CFR 58.4, the Weld County Community Development Block Grant Program has assumed HUD's environmental review responsibilities for the project, including tribal consultation related to historic properties. Historic properties include archeological sites, burial grounds, sacred landscapes or features, ceremonial areas, traditional cultural places and landscapes, plant and animal communities, and buildings and structures with significant tribal association. The Weld County Community Development Block Grant Program will conduct a review of this project to comply with Section 106 of the National Historic Preservation Act and its implementing regulations 36 CFR Part 800. We would like to invite you to be a consulting party in this review to help identify historic properties in the project area that may have religious and cultural significance to your tribe, and if such properties exist, to help assess how the project might affect them. If the project might have an adverse effect, we would like to discuss possible ways to avoid, minimize or mitigate potential adverse effects. According to the U.S. Dept. of Housing and Urban Development's Tribal Assessment Directory Tool, Weld County, Colorado is an area of interest to the Apache Tribe of Oklahoma. The project location borders on the South Platte River Valley which allowed many to hunt and trade with each other in what is now Colorado. To meet project timeframes, if you would like to be a consulting party on this project, can you please let us know of your interest within 30 days? If you have any initial concerns with impacts of the project on religious or cultural properties, can you please note them in your response? Enclosed is a map that shows the project area and an additional area of potential indirect effects. This project consists of infrastructure improvements along Idaho Street between 40th and 42nd Streets as well as improvements to an existing stormwater/water quality feature at Idaho and 40th Streets within the city limits of the City of Evans, Colorado. Currently this two -block section of Idaho Street is unpaved and unimproved. The City of Evans will be replacing an older, existing waterline underneath this section of road, installing a new stormwater management system, building new sidewalks and paving these two blocks Idaho Street. The stormwater pond will be expanded and the outlet structure modified to improve the efficiency of the system. More information on the Section 106 review process is available at httg://www.onecpd. info/environmental-review/h istoric-preservation/. HUD's process for tribal consultation under Section 106 is described in a Notice available at https://www.onecpd info/resource/2448/notice-cpd-12-006-tribal-consultation-under 24-cfr-part-58. If you do not wish to consult on this project, can you please inform us? If you do wish to consult, can you please include in your reply the name and contact information for the community's principal representative in the consultation if not yourself? Thank you very much. We value your assistance and look forward to consulting further if there are historic properties of religious and cultural significance to your tribe that may be affected by this project. Don Sandoval, CDBG Manager Phone: 970 400-4480 dosandovalr weldgov.com From: Cynthia Martin To: bkomardleyCaloutlook.com Subject: Consultation letter - Idaho Street Project, City of Evans, CO Date: Thursday, November 18, 2021 4:18:12 PM Attachments: Consultation letter B Komardlev.odf Chairman Komardley, The Weld County CDBG Program is conducting a Section 106 review on a proposed project in the City of Evans, Colorado. The attached letter provides project details, a project location map and an invitation to be a consulting party if you so wish. Thank you for your time and attention to this matter. Best, Cynthia Martin, AICP CDBG Analyst Weld County Community Development Block Grant Program 1150 O Street Greeley, CO 80632 Phone: 970-400-4481 Cell: 970-573-1769 Nov. 18, 2021 WELD COUNTY CDBG PROGRAM PHONE: (970) 400-4480 1150O STREET P.O. BOX 758 GREELEY, COLORADO 80632 www.weldgov.com Martina Minthorn, THPO Comanche Nation 6 SW D Ave. Lawton, OK 73501 Re: Idaho Street Project, Evans, CO 80620 Community Development Block Grant Program Dear Tribal Historic Preservation Officer Minthorn, The Weld County Community Development Block Grant Program is considering funding the project listed above with federal funds from the U.S. Department of Housing and Urban Development (HUD). Under HUD regulation 24 CFR 58.4, the Weld County Community Development Block Grant Program has assumed HUD's environmental review responsibilities for the project, including tribal consultation related to historic properties. Historic properties include archeological sites, burial grounds, sacred landscapes or features, ceremonial areas, traditional cultural places and landscapes, plant and animal communities, and buildings and structures with significant tribal association. The Weld County Community Development Block Grant Program will conduct a review of this project to comply with Section 106 of the National Historic Preservation Act and its implementing regulations 36 CFR Part 800. We would like to invite you to be a consulting party in this review to help identify historic properties in the project area that may have religious and cultural significance to your tribe, and if such properties exist, to help assess how the project might affect them. If the project might have an adverse effect, we would like to discuss possible ways to avoid, minimize or mitigate potential adverse effects. According to the U.S. Dept. of Housing and Urban Development's Tribal Assessment Directory Tool, Weld County, Colorado is an area of interest to the Comanche Nation. The project location borders on the South Platte River Valley which allowed many to hunt and trade with each other in what is now Colorado. To meet project timeframes, if you would like to be a consulting party on this project, can you please let us know of your interest within 30 days? If you have any initial concerns with impacts of the project on religious or cultural properties, can you please note them in your response? Enclosed is a map that shows the project area and an additional area of potential indirect effects. This project consists of infrastructure improvements along Idaho Street between 40th and 42nd Streets as well as improvements to an existing stormwater/water quality feature at Idaho and 40th Streets within the city limits of the City of Evans, Colorado. Currently this two -block section of Idaho Street is unpaved and unimproved. The City of Evans will be replacing an older, existing waterline underneath this section of road, installing a new stormwater management system, building new sidewalks and paving these two blocks Idaho Street. The stormwater pond will be expanded and the outlet structure modified to improve the efficiency of the system. More information on the Section 106 review process is available at http://www.onecpd.info/environmental-review/historic-preservation/. HUD's process for tribal consultation under Section 106 is described in a Notice available at https //www.onecpd.info/resourcet2448/notice-cpd-12-006-tribal-consultation-under-24-cfr part -58. If you do not wish to consult on this project, can you please inform us? If you do wish to consult, can you please include in your reply the name and contact information for the community's principal representative in the consultation if not yourself? Thank you very much. We value your assistance and look forward to consulting further if there are historic properties of religious and cultural significance to your tribe that may be affected by this project. Sincerely, Don Sandoval, CDBG Manager Phone: 970 400-4480 dosandoval reldgov.com From: Cynthia Martin To: Martina.Minthorn(a)comanchenation.com Subject: Consultation letter - Idaho Street Project, City of Evans, CO Date: Friday, November 19, 2021 10:17:14 AM Attachments: Consultation letter M Minthorn.odf From: Cynthia Martin Sent: Thursday, November 18, 2021 4:08 PM THPO Minthorn, The Weld County CDBG Program is conducting a Section 106 review on a proposed project in the City of Evans, Colorado. The attached letter provides project details, a project location map and an invitation to be a consulting party if you so wish. Thank you for your time and attention to this matter. Best, Cynthia Martin, AICP CDBG Analyst Weld County Community Development Block Grant Program 1150 O Street Greeley, CO 80632 Phone: 970-400-4481 Cell: 970-573-1769 Nov. 18, 2021 WELD COUNTY CDBG PROGRAM PHONE: (970) 400-4480 1150O STREET P.O. BOX 758 GREELEY, COLORADO 80632 www.weldgov.com Michael Blackwolf, THPO Ft. Belknap Indian Community 656 Agency Main Harlem, MT 59526 Re: Idaho Street Project, Evans, CO 80620 Community Development Block Grant Program Dear Tribal Historic Preservation Officer Blackwolf, The Weld County Community Development Block Grant Program is considering funding the project listed above with federal funds from the U.S. Department of Housing and Urban Development (HUD). Under HUD regulation 24 CFR 58.4, the Weld County Community Development Block Grant Program has assumed HUD's environmental review responsibilities for the project, including tribal consultation related to historic properties. Historic properties include archeological sites, burial grounds, sacred landscapes or features, ceremonial areas, traditional cultural places and landscapes, plant and animal communities, and buildings and structures with significant tribal association. The Weld County Community Development Block Grant Program will conduct a review of this project to comply with Section 106 of the National Historic Preservation Act and its implementing regulations 36 CFR Part 800. We would like to invite you to be a consulting party in this review to help identify historic properties in the project area that may have religious and cultural significance to your tribe, and if such properties exist, to help assess how the project might affect them. If the project might have an adverse effect, we would like to discuss possible ways to avoid, minimize or mitigate potential adverse effects. According to the U.S. Dept. of Housing and Urban Development's Tribal Assessment Directory Tool, Weld County, Colorado is an area of interest to the Ft. Belknap Indian Community. The project location borders on the South Platte River Valley which allowed many to hunt and trade with each other in what is now Colorado. To meet project timeframes, if you would like to be a consulting party on this project, can you please let us know of your interest within 30 days? If you have any initial concerns with impacts of the project on religious or cultural properties, can you please note them in your response? Enclosed is a map that shows the project area and an additional area of potential indirect effects. This project consists of infrastructure improvements along Idaho Street between 40th and 42nd Streets as well as improvements to an existing stormwater/water quality feature at Idaho and 40th Streets within the city limits of the City of Evans, Colorado. Currently this two -block section of Idaho Street is unpaved and unimproved. The City of Evans will be replacing an older, existing waterline underneath this section of road, installing a new stormwater management system, building new sidewalks and paving these two blocks Idaho Street. The stormwater pond will be expanded and the outlet structure modified to improve the efficiency of the system. More information on the Section 106 review process is available at http.//www.onecpd. info/environmental-review/hstoric-preservation!. HUD's process for tribal consultation under Section 106 is described in a Notice available at https://www oneg2d info/resource/2448/notice-cod-12-006-tribal-consultation-under-24-cfr part 58. If you do not wish to consult on this project, can you please inform us? If you do wish to consult, can you please include in your reply the name and contact information for the community's principal representative in the consultation if not yourself? Thank you very much. We value your assistance and look forward to consulting further if there are historic properties of religious and cultural significance to your tribe that may be affected by this project. Sincerely, Don Sandoval, CDBG Manager Phone: 970 400-4480 dosandovallcc weidaov.com From: Cynthia Martin To: Michael Blackwolf Cc: Don Sandoval (dosandoval(c)weldaov.com) Subject: Consultation letter - Idaho Street Project, City of Evans, CO Date: Thursday, November 18, 2021 3:57:33 PM Attachments: Consultation letter M Blackwolf.odf THPO Blackwolf, The Weld County CDBG Program is conducting a Section 106 review on a proposed project in the City of Evans, Colorado. The attached letter provides project details, a project location map and an invitation to be a consulting party if you so wish. Thank you for your time and attention to this matter. Best, Cynthia Martin, AICP CDBG Analyst Weld County Community Development Block Grant Program 1150 O Street Greeley, CO 80632 Phone: 970-400-4481 Cell: 970-573-1769 L. r Idaho -Street -Project Evans, CO 900000010231945 Noise Abatement and Control General requirements Legislation HUD's noise regulations protect Noise Control Act of 1972 residential properties from excessive noise exposure. HUD General Services Administration encourages mitigation as Federal Management Circular appropriate. 75-2: "Compatible Land Uses at Federal Airfields" 1. What activities does your project involve? Check all that apply: New construction for residential use Rehabilitation of an existing residential property Regulation Title 24 CFR 51 Subpart B 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 ✓ No 12/20/2021 10:25 Page 31 of 38 Idaho -Street -Project Evans, CO 900000010231945 12/20/2021 10:25 Page 32 of 38 Idaho -Street -Project Evans, CO 900000010231945 Sole Source Aquifers _ General requirements 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. Legislation Regulatii Safe Drinking Water __40 CFR Part 149 Act of 1974 (42 U.S.C. 201, 300f et seq., and 21 U.S.C. 349) 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. Supporting documentation 12/20/2021 10:25 Page 33 of 38 Idaho -Street -Project Evans, CO 900000010231945 21-3 NEPAssist map - sole source acquifers.pdf Are formal compliance steps or mitigation required? Yes ✓ No 12/20/2021 10:25 Page 34 of 38 21-3 NEPAssist - jIe source aquifer map - lararni .- . .. • I a...i ...� ... a ......... . ............. v.a. ....d11.a....... • 1.1..e.. .. ..• fort C Dinosaur • N.M Rocky Mountain NP. • Colorado Springs Montrose COLORADO Pueblo National Park Great Sand San Juan Dunes National Forest December 5, 2021 Search Result (point) Sole Source Aquifers P° r NorthPbtt M G,+rden City • Dodge 'II 1:4,622,324 0 30 60 120 mi IILI�I I I 2-,-- 0 45 90 180 km C, 2021 Microsoft Corporation J 2021 Ton -Torn Idaho -Street -Project Evans, CO 900000010231945 Wetlands Protection General requirements Executive Order 11990 discourages direct or indirect support of new construction impacting wetlands wherever there is a practicable alternative. The Fish and Wildlife Service's 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. Legislation Executive Order 11990 Regulation 24 CFR 55.20 can be used for general guidance regarding the 8 Step Process. 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 Compliance Determination 12/20/2021 10:25 Page 35 of 38 Idaho -Street -Project Evans, CO 900000010231945 The project will not impact on- or off -site wetlands. The project is in compliance with Executive Order 11990. Supporting documentation 21-3 Wetlands Map.pddf Are formal compliance steps or mitigation required? Yes ✓ No 12/20/2021 10:25 Page 36 of 38 a 32nd,s, 31st St #21-3 Idaho Street Project wAnds map 4-th St I cn 37th s t vans F Vl Q R to R rve r merle -Qnd 5t Fnrk. JT. 1:29,134 _ _ 1 0 0.25 0.5 1 m _ __0 0.4 0.8 1.6 km ` -�� r -} --III r---' J 1O O C C U.S. Fish and Wildlife Service, National Standards and Support Team, weuands_team@tws.gov July 15, 2021 This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should Wetlands 1 Freshwater Emergent Wetland ® Lake be used in accordance with the layer metadata found on the Wetlands Mapper web site. Estuarine and Marine Deepwater ri Freshwater Forested/Shrub Wetland Other Estuarine and Marine Wetland Freshwater Pond U Riverine National Wetlands Inventory (NWI) This page was produced by the NWI mapper Idaho -Street -Project Evans, CO 900000010231945 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. Legislation The Wild and Scenic Rivers 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 Regulation 36 CFR Part 297 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. Supporting documentation Wild and Scenic Rivers Map CO.pdf Are formal compliance steps or mitigation required? Yes ✓ No 12/20/2021 10:25 Page 37 of 38 Idaho -Street -Project Evans, CO 900000010231945 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 Regulation 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. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 12/20/2021 10:25 Page 38 of 38 5/17) https://w ars.gov/river-app/index.htmI?state=CO f irv es ir"�r — y k i sr., �_ 'w �. a \ 5 ! .. 1 195 rl-:t.-•�-'\ v Yei. �\ For't Collin r - - - �. ■ '„'..,. _ - ^`S•41 y♦'•' ♦ -. 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