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Home My WebLink About20173567.tiffRESOLUTION RE: APPROVE APPLICATION FOR EM-BR53-58A CATEGORICAL EXCLUSION AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Application for EM-BR53-58A Categorical Exclusion from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, to the Colorado Department of Local Affairs, commencing upon full execution of signatures, with further terms and conditions being as stated in said application, and WHEREAS, after review, the Board deems it advisable to approve said application, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Application for EM-BR53-58A Categorical Exclusion from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, to the Colorado Department of Local Affairs be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of October, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD CONTY, COLQRADO ATTEST: d. jC%eik, Weld County Clerk to the Board BY: ( Ocz� Deputy Clerk to the Board APP D A my Attorney Date of signature: t O /31 / I cw Julie A. Cozad, Chair Steve Moreno, Pro -Tern Sean P. Conway Freeman �[�L tic. arbara Kirkmeyer / CC: PWCCK'/Mc) ttt tai P19 2017-3567 EG0074 BC0045 egs f'l-I-rot G -I- _ D i=F 1`'1 ` 3 MEMORANDUM TO: Esther Gesick, Clerk to the Board DATE: October 9, 2017 FROM: Clay Kimmi, P.E., Public Works SUBJECT: EM-BR53-58A Categorical Exclusion Application Please place the attached agreement on the BOCC Agenda. Please return an original copy to me so I can provide it to the State of Colorado for their records. The CR 53 bridge over the South Platte River was damaged during the 2013 floods. Through the flood recovery funds authorized by CDOT and FHWA, the County was authorized to replace the old bridge with a new one that meets current design standards. The County applied for and was awarded a CDBG-DR grant in the amount of $333,085.00 to help offset the County's share of the bridge replacement project. This application is for the Categorical Exclusion showing the impact of the CR 53 Bridge over the South Platte River on the environment. This application is required by the State because the bridge replacement is being partially funded using federal money. The application must be signed by the BOCC chair. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. 2017-3567 Page 1of1 M:\Weld County Flood 2013 Version 2\Site Specific Projects\Bridge Projects\53-58A\Phase 2 Work\FOR\Environmental\CatEx\EM-BR53-58A CatEx Memo to Clerk to the Board 10-9-17.docx BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Categorical Exclusion Application for BR53-58A — CDBG-DR Grant DEPARTMENT: Public Works PERSON REQUESTING: Clay Kimmi DATE: October 2, 2017 Brief description of the problem/issue: In order to complete the CDBG-DR agreement for the BR53-58A replacement project, DOLA requires the Categorical Exclusion (CatEx) application to be completed and signed by the chair of the BOCC. The CatEx application has been completed and only requires the chair's signature prior to its submission to DOLA. The CDBG-DR grant is for a portion of the County's match for the project. The grant is for $333,085.00. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1. Sign the application so Public Works can submit the CatEx application. 2. Don't sign the application and reject the $333,085.00 in CDBG-DR funds. Recommendation: Sign the application so the actual grant agreement can be initiated. Julie A. Cozad, Chair Steve Moreno, Pro-Tem Barbara Kirkmeyer Mike Freeman Sean P. Conway Approve Schedule Re mmenda ' . n Work Session Other/Comments: „1,(,&toe o2oiZ-a37e Cheryl Hoffman From: Sent: To: Cc: Subject: Clayton Kimmi Monday, October 16, 2017 7:52 AM Cheryl Hoffman Esther Gesick; Clayton Kimmi RE: EM-BR53-58A Categorical Exclusion Application The State is working on finalizing the CDBG-DR award letter. Roy Rudisill should be taking care of getting it on the agenda when they send it to him. They are trying to keep the environmental permitting moving on a concurrent schedule to meet various deadlines. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman Sent: Friday, October 13, 2017 1:37 PM To: Clayton Kimmi <ckimmi@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> Subject: EM-BR53-58A Categorical Exclusion Application Good afternoon, Clay, On this one, in your memo you reference that the County applied for and was awarded a CDBG-DR grant in the amount of $333,085. Do you know when that would have come before the BOCC? Or do you have a Tyler number to reference? Please let me know. I'd like to include the Tyler number in the Notes section to look back on that one should the BOCC have questions. Thank you. ola i7 -351.e % 1 Cheryl Hoffman Deputy Clerk to the Board Weld County Clerk to the Board Office 1150 O Street Greeley, CO 80631 970.400.4227 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 EXHIBIT IV -C Categorical Exclusion for Projects/Activities Subject to 24 C.F.R. Part 58.5 and Other Requirements found at 24 C.F.R. Part 58.6 1 Project/Activity Information: Project Name: County Match FHWA Project - Site 5 53/58A Project/Contract #: DR3-WLD-01 Grantee: Weld County Project Description: During the incident period of September 11, 2013 to September 30, 2013, extreme rain amounts caused significant damage to Federal Highway Administration (FHWA) roads; floodwaters washed out roadways, damaged scour protection at bridge abutments and damaged sections of roadway shoulder. This project would include the work items necessary to complete the design and construction of Weld County Road (WCR) 53 from just north of WCR 58A to just north of WCR 388. This work would include roadway design along a new alignment, intersection improvements to WCR 388, a new bridge over the South Platte River and new access intersections, as well as the construction of said improvements. The proposed project would use Community Development Block Grant -Disaster Recovery (CDBG-DR) funds as a Local Match of FHWA funding. This project, which is approximately 0.6 mile of roadway, would cross regional and local irrigation ditches as well as the South Platte River floodplain. The project includes a new roadway alignment and profile that would meet current design standards, a new bridge with a larger hydraulic opening that would convey the full 100 -year peak flow (to improve the hydraulic function and reduce flooding impacts on the surrounding communities), and a new roadway and bridge to accommodate a section that meets current design standards. This project would meet the Weld County, Colorado Department of Transportation (CDOT) and American Association of State Highway and Transportation Officials (AASHTO) design criteria. The project is located approximately 1.2 miles north of Kersey; the south termini is located 600 feet north of the WCR 58A intersection and the north termini is 700 feet north of WCR 388 (Attachment A). (24 C.F.R. Part 58.32 discusses that a responsible entity must group together and evaluate as a single project all individual activities which are related either on a geographical or functional basis, or are logical parts of a composite of contemplated actions. This is termed, "project aggregation"; and its purpose is to address adequately and analyze, in a single environmental review, the separate and combined impacts of activities that are similar, connected, and closely related, or that are dependent upon other activities and actions.) 2 Classification of Project/Activity: X_ 24 CFR Part 58.35(a)(1): Acquisition, repair, improvement, reconstruction, or rehabilitation of public facilities and improvements (other than buildings) when the facilities and improvements are in place and will be retained in the same use without change in size or capacity of more than 20 percent (e.g., replacement of water or sewer lines, reconstruction of curbs and sidewalks, repaving of streets) 24 CFR Part 58.35(a)(2): Special projects directed to the removal of material and architectural barriers that restrict the mobility of and accessibility to elderly and handicapped persons 24 CFR Part 58.35(a)(3): Rehabilitation of buildings and improvements when the following conditions are met • 1 to 4 unit building for residential use, when density is not increased beyond 4 units; land use is not changed; and the footprint of the building is not increased in a floodplain or in a wetland area • Multifamily residential buildings, when unit density is not changed more than 20 percent; project does not involve changes in land use from residential to non- residential; and the estimated cost of rehabilitation is less than 75 percent of the total estimated cost of replacement after rehabilitation • Non-residential structures, including commercial, industrial, and public buildings, when facilities and improvement are in place and will not be changed in size or capacity by more than 20 percent; and the activity does not involve a change in land use, such as from non-residential to residential, commercial to industrial, or from one industrial use to another HUD ERR Guide #3 Page 1 of 6 Revised 04/16 EXHIBIT IV -C 24 CFR Part 58.35(a)(4): An individual action (non -rehabilitation) on: • Up to 4 dwelling units where there are maximum 4 units on any one site. The units can be 4 one -unit buildings or 1 four -unit building or any combination in between • A project of 5 or more housing units developed on scattered sites when the sites are more than 2,000 feet apart and there are not more than 4 housing units on any one site 24 CFR Part 58.35(a)(5): Acquisition (including leasing): • Or disposition of, or equity loans on, an existing structure • Of vacant land provided the structure or land acquired, financed, or disposed of will be retained for the same use 24 CFR Part 58.35(a)(6): Combinations of the above activities 3 Statutory Checklist (ref.: 24 C.F.R. Part 58.5 - Related Federal laws and authorities) 24 CFR PART 58.5 STATUTES, EXECUTIVE ORDERS, AND REGULATIONS DIRECTIONS: Refer to Exhibit IV -C.1, Instructions and Information on Completion of the Statutory Checklist, to assist you in completing this form. Write "A" in the Status Column when the project, by its nature, does not affect the resources under consideration, OR write "B" if the project triggers formal compliance consultation procedures with the oversight agency, requires mitigation, or is unknown at the time of review (i. e. the properties where the project activities will occur have not yet been identified). Compliance documentation must contain verifiable source documents and relevant base data. Attach reviews, consultations, and special studies as needed. Compliance Factors at Status Compliance Finding and Documentation (Statutes, and 24 C.F.R. regulations Executive listed Part 58.5) Orders, (A or B) DO NOT LEAVE ANY SECTIONS BLANK. Document "A" or "B" how you arrived status for each at the factor. Historic • • • 36 National 1966 Executive Enhancement Environment CFR Properties Part Historic Order 800 of 11593, regulations Preservation the Cultural Protection Act of and A There project CDOT Preservation SHPO Properties B) Tribal completed American Tribe; Northern Indian the Belknap Arapaho responded did (Attachment Fort not are conducted concurred consultation Cheyenne Reservation; respond area Belknap Reservation Tribes no tribes: Cheyenne Affected June with (Attachment B). historic Officer "No to 16, Indian and with Comanche and consultation was the (SHPO) on 2017 Tribe Apache the Properties". properties Arapaho of the consultation August initiated Community Montana. Comanche A). determination with of Nation; the Tribe on with 22, the Tribes, on on August Northern The The 2017. following of or the May of Nation request Northern Oklahoma, other adjacent the State Oklahoma; Cheyenne 3, of (Attachment 17, 2017. Cheyenne Fort four No both 2017 Native Historic Arapaho to Historic tribes the The and and and • • Floodplain Executive 24 CFR Part Management Order 55 regulations 11988 B the The Federal designated Step been practicable public on published September project proposed Process completed review Emergency is concurrent 100 alternatives located action, described was 11, -year and published 2017and Management it if flood in with has implemented, a in exist. 100 the zone 24 been the -year in CFR The Notice (Attachment The final determined Agency early flood Part Greeley notice of would zone, 55.20 notice Intent (FEMA) impact was that Tribune A). the has to for Since no a 8 - HUD ERR Guide #3 Page 2 of 6 Revised 04/16 EXHIBIT IV -C Compliance Factors Status Compliance Finding and Documentation (Statutes, and 24 C.F.R. regulations Executive listed Part 58.5) Orders, at (A or B) DO NOT LEAVE ANY SECTIONS BLANK. Document "A" or "B" how you status arrived for each at the factor. Request to Colorado (Attachment all of the a Action Release requirements C) Plan of Funds. for outlined Disaster Grantees in Recovery. the must 2014 adhere Wetland ■ Executive Protection Order 11990 B forested/shrub proposed Since the has no public on published Request to Colorado (Attachment A River, Department Service Engineers riverine all practicable September 8 -Step been of freshwater part review (USFWS) the a wetland project completed concurrent Action (USACE). of Process Release requirements of the C) was the alternatives 11, wetland project Plan emergent area published associated Interior, or 2017 the described and of (Attachment with for per Funds. are and U.S. area it outlined Disaster the located maps U.S. has exist. wetlands, in the is with Army in Notice Grantees located been The issued Fish 24 The final the A) in Recovery. within Greeley Corps CFR the & determined notice of South and early by Wildlife in Intent must 2014 the Part freshwater the of a notice wetland, Tribune was Platte to adhere 55.20 U.S. that for Coastal • Coastal Zone Management Zone Management Act of 1972 A Pre States -determined of CO, MT, by ND, HUD - NE, Not SD, applicable UT, & for WY the Sole • Safe • 40 Source CFR Drinking Part Aquifers 149 Water Act regulations of 1974 A Pre -determined source aquifers by designated HUD - There are in Colorado currently NO sole • Endangered Endangered Species Species Act of 1973 A CDOT but endangered with concurred (Attachment is the determined not USFWS likely with species. D) to the adversely on the determination July CDOT proposed 20, affect" conducted 2017. project on threatened The August "may consultation USFWS 14, affect, or 2017. Wild • ■ Wild Presidential and and Scenic Scenic Rivers Rivers Directive of Act August of 1968 1979 A The Cache River Inventory, the assessment project Interior. in la CO, Poudre as is No is or designated not other impacts not located River, required. rivers the by would within only on the (Attachment the result 1,000 U.S. Wild Nationwide and and Department feet further of Scenic A) the Rivers of Air ■ • Clean 40 Quality CFR Air Act Parts of 6, 1970 51, & 93 regulations A The area ozone Emission permit project for ozone. levels Standards or notification. is and located The requires project for within (Attachment Hazardous no a marginal would individual have Air A) nonattainment no National Pollutants effect on Farmland ■ • Farmland 7 Part Protection Protection 658 regulations Policy Policy Act act of 1981 A frequently identified (Attachment removed Portions drained prime erodibility) Natural farmland of and Resources from by the flooded x the either C A). production. project if (climate irrigated U.S. However, protected during Conservation are factor) Department the within and no from growing the does prime Service flooding product of not Agriculture, farmland, season; would exceed (NRCS) or of not I be and (soil if 60, as CFR farmland HUD ERR Guide #3 Page 3 of 6 Revised 04/16 EXHIBIT IV -C Compliance Factors at (A Status Compliance Finding and Documentation (Statutes, and 24 C.F.R. regulations Executive Part listed 58.5) Orders, or B) DO NOT LEAVE ANY SECTIONS BLANK. Document "A" or "B" how you status arrived for each at the factor. Environmental ■ Executive Order Justice 12898 A The proposed disproportionately disproportionately minority proposed populations. location project/activity and be adversely adversely use and impact is suitable will impacted not low (1) for its by or (2) income or HUD ENVIRONMENTAL STANDARDS Noise • Abatement 24 CFR Part 51B and regulations Control A sensitive The would project be uses. mitigated does Noise not if involve applicable. during the development construction activities of noise Explosive • 24 CFR and Part Flammable 51 B regulations Operations A Acceptable apply projects whether people habitable because in exposed the structures 24 Separation HUD CFR the to project definition hazardous Part would Distance 51.201 increases be for operations. constructed. HUD is requirements predicated the assisted number No do on of new not Toxic Materials, Radioactive Substances • 24 CFR Chemicals Contamination, Part and Gases, and regulation Hazardous A is The chemicals contamination, could conflict as Environmental Colorado Environment. property National Response, (CERCLA) within and not determined does subject affect a 3,000 with is Priorities residential Department not and the not Compensation, List, and the feet The have gases, and by Protection listed adjacent health intended or of information same or equivalent fuel an radioactive a on Comprehensive toxic hazardous or of underground tank. a Public sources properties safety use Agency U.S. and or (Attachment of reviewed State solid EPA substances of the Health Liability materials, (U.S. indicate occupants waste subject list, storage are Superfund Environmental and from is free EPA) Act landfill that not A) which property, tank the of or and the located toxic U.S. site, that the 58.5(i)(2)(i) • Airport Potential 24 CFR Clear Zones Zones Part 51 and B regulations Accident A The Administration Runway within Potential on airfield such information project a administrator zones. Clear military Zone is not (Attachment (FAA) Zone airfield or from within Approach -designated or the identifying Runway Clear civilian a A) Federal Protection Zone airport Protection the civilian Aviation or boundaries Accident airport Zone, or military Zone, or based of HUD ERR Guide #3 Page 4 of 6 Revised 04/16 EXHIBIT IV -C DETERMINATION: ( ) (X) This project converts to Exempt status, per 24 C.F.R. Part 58.34(a)(12), because it does not require any mitigation for compliance with any listed statutes, executive orders, or regulations, nor requires any formal permit or license (Status "A" has been determined in the status column for all authorities). Submit to DOLA/OEDIT as appropriate for a Release of Funds (ROF) letter for this EXEMPT project; OR This project cannot convert to Exempt status because one or more of the listed statutes, executive orders, or regulations require(s) consultation, mitigation, or is unknown at the time of review. Environmental consultation/mitigation requirements, pursuant to 24 C.F.R. Part 58 must be completed/determined to the point of reaching closure. A Notice of Intent to Request a Release of Funds (NOI/RROF - Exhibit IV -C.6) must be published with its associated public comment periods pursuant to 24 C.F.R. Part 58.45 and Subpart H. A Request for Release of Funds and Certification (Exhibit IV -C.7) must be properly executed pursuant to 24 C.F.R. Part 58, Subpart H and forwarded to DOLA/OEDIT as appropriate. A Release of Funds (ROF) letter must be obtained before drawing down funds; OR ( ) The unusual circumstances of this project may result in a significant environmental impact. This project requires preparation of an Environmental Assessment (EA). An EA should be prepared pursuant to 24 C.F.R. Part 58, Subpart E. Attachments Attachment A, Maps Attachment B, Section 106 and Tribal Consultation Attachment C, 8 -Step Process Documentation Attachment D, USFWS Consultation HUD ERR Guide #3 Page 5 of 6 Revised 04/16 EXHIBIT IV -C 4 *Regulatory Checklist (ref.: 24 C.F.R. Part 58.6 - Other requirements): X X N/A 24 CFR. Part 58.6(a): Flood Disaster Protection Act of 1973, as amended: (NOTE: Applicable ONLY when project/activity site is located in a community participating in the National Flood Insurance Program, administered by the Federal Emergency Management Agency.) Is the project/activity located within a Special Flood Hazard Area (SFHA) as mapped by the Federal Emergency Management Agency (FEMA)? Yes x No FEMA Map Number: 08123C1565E. effective 01/2016 If the answer to this question is yes, the project/activity cannot proceed unless flood insurance is obtained through the National Flood Insurance Program. Insurance Policy Number: N/A 24 CFR. Part 58.6(b): National Flood Insurance Reform Act of 1994, Section 582, (42 U.S.C. 5154a): (NOTE: Applicable ONLY when the project site is located in an area where HUD disaster assistance is being made available.) Is the project located within a Special Flood Hazard Area (SFHA) as mapped by the Federal Emergency Management Agency (FEMA)? Yes X No FEMA Map Number: 08123C1565E. effective 01/2016 If "Yes", would the HUD disaster assistance be made to a person who had previously received Federal flood disaster assistance conditioned on obtaining and maintaining flood insurance and that person failed to obtain and maintain the flood insurance? Yes No If "Yes", the HUD disaster assistance cannot be made to that person in the Special Flood Hazard Area to make a payment (including any loan assistance payment) for repair, replacement, or restoration for flood damage to any personal, residential, or commercial property. Insurance Policy Number: N,' A 24 CFR. Part 58.6(c): Coastal Barrier Improvement Act of 1990, as amended: Not applicable in HUD Region VIII. 24 CFR. Part 58.6(d): Civilian Airport Runway Clear Zone and/or Military Airport Clear Zone: (NOTE: Applicable ONLY if the project/activity involves HUD assistance, subsidy, or insurance for the purchase or sale of an existing property in a Runway Clear Zone or Clear Zone pursuant to 24 CFR Part 51, Subpart D.) Does the project involve HUD assistance, subsidy, or insurance for the purchase or sale of an existing property in a Runway Clear Zone or Clear Zone pursuant to 24 CFR Part 51, Subpart D? Yes No X Source documentation: Attachment A, Airport Map If yes, the responsible entity must advise the buyer that the property is in a runway clear zone or clear zone, what the implications of such a location are, and that there is a possibility that the property may, at a later date, be acquired by the airport operator. The buyer must sign a statement acknowledging receipt of this information. Environmental Review Preparer's Information -printed or typed: Name: Tonya Bartels Title: NEPA Specialist Phone: 303-388-6114 Environmental Preparer's organization: AGEISS Inc. Environmental Preparer's signature: ; T.nla faiteto Date: September 29, 2017 Responsible Entity, Representative's Information/Certification (Certifying Officer) - printed or typed: Name: Julie Cozad Title: Weld County Commissioner Chair Representative's organization: Weld County Representative's signature: f` Date: OCT 1 c 2017 Phone: 970-336-7204 Please forward g DOLA Grantees (CDBG, HOME, NSP, ESG) uestions and route completed forms to the appropriate contact DOLA, DHSEM & Ag Grantees (CDBG-DR) erson below: OEDIT Grantees (CDBG & CDBG-DR) Bret Hillberry. Environmental Compliance Officer Department of Local Affairs 1313 Sherman Street, Room 521 Denver, CO 80203 303-864-7730 or bret.hillberrystate.co.us state.co.us Stephanie Morey, Compliance and Monitoring Specialist Department of Local Affairs 1313 Sherman St., 3" Floor Denver, CO 80203 303-864-7746 or stephanie.morey@state.co.us Bob Todd, CDBG Manager Business Programs Office of Economic Development & Intl Trade 1625 Broadway 2700 Denver, CO 80202 303-892-3840 or robert.todd[c�state.co.us HUD ERR Guide #3 Page 6 of 6 020/ 7, 3 5616) Revised 04/16 ATTACHMENT A Maps Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Dwn By HD FIGURE Ckd By MG Date 3/30(2017 Project No 100053391 S \Tranproj\100053699 WCR 53 100% Design\Environmental\Natural_ResourceslGIS\Cultural Figures\Project location map.mxd Historic Properties Maps HI a C a S I C E piss• anlf WOOS surf V P."" C r, a — S a roe 1.4 - 2 itt G C 113 1 11i 1 �, .6 O C .0; TI 0 H •Y Critical Habitat 4 In a c5 C ra a 0 0 U - C f C z c' t) rivironmenta) rewew/envreyi colo-adodemography.github.io o C C C sdew sapads paaa2uepu3 D C 4 a V mig Let of -10 .c -c� -g AP. Ran C r • r nn affillanallt al v rt Clear Zones Ili D C 4 a a rivrronniental review/envrevrew.html 4 it tps / i colo'adodemography.github.io, 91:44 0001 4.11.4 aPosi eat r • los ref C 1e ce L I 0 <:e•: ;, s:.s.»';•.»L asa.s,b.J�.io<w.hm wK rss9:'bsw.rC„a..vu fivaaiv4agi4.0w1..a.•.w o.. ILA 0..V.e.. .,:.„. I fL I Wild and Scenic Rivers V i,000 Ft Buffer for Rivers Critical Habitat Endangered Species QC z Air Quality Maps airquality/ss_ map_.wrn.aspx C Q Search Pointer Latitude: 40.40459 Pointer Longitude: -104.54567 0 4.t km Designation Areas (check box): <v PM10 AMA , ' CO AMA nmpidiA AMA = Attanment/Mamtenance Area NAA Non Attainment Area 03 fhr AMA O3 81w NAA (0.08 ppm / 0.375 ppm O3 NAAQS) '/airquality/ss map,wm.aspx C Q search Pointer Longitude: -104.55133 •»inter Latitude: 40.42433 0 1.0 km Designation Areas (check box): PM10 AMA ge CO AMA AMA r AtramrnentjMasntertance Area NAA za Mon-Attatriment Area O3 Mir AMA ge O3 81w NAA (0.08 ppm / C.075 ppm O3 NAAQS) Source: http://www.colorado.gov/airquality/ss map wm.aspx Toxic Chemicals Map UI ClaW III op t 4 44 co •rr bp "C ,1 n ro a '5 T a r a S w z A ii S a 3tra i5 pb Azuno V..t.ssPray ) 5 r 4? a a Qt r U 3 a tob 'ltrto) 4 i ® 2010 NAVTEQ, f,11.4; Airport Maps nvironnientaI rev;ew/en weview,htm Colo adodemography.github.i ATTACHMENT B Section 106 and Tribal Consultation OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION Jim Eussen Planning and Environmental Unit Manager CDOT Region 4 10601 West 10th Street Greeley, CO 80634 AUG 2 2 2017 Re: Section 106 Area of Potential Effects, National Register of Historic Places — Eligibility and Effect Determinations for CDOT Project No. ER C030-067 (Subaccount number 20480), Weld County Road 53/County Road 58A Bridge Replacement Project in Weld County, Colorado (HC #72718) Dear Mr. Eussen: Thank you for your correspondence dated August 3, 2017 and received on August 14, 2017 by our office regarding the consultation of the above -mentioned project under Section 106 of the National Historic Preservation Act (Section 106). Thank you for providing the additional information requested via email on August 15, 2017. After review of the provided information, we do not object to the proposed Area of Potential Effects (APE) for the proposed project. After review of the provided information, we concur that resource 5WL.8107 is not eligible for the National Register of Historic Places. We also concur that segment 5'WL.5217.6 supports the overall eligibility of resource SVC/L.5217 for the National Register of Historic Places. We also concur that segment 5WL.8109.1 does not support the overall eligibility of resource 5WL.8109 for the National Register of Historic Places. After review of the scope of work and assessment of adverse effect, we concur with the recommended finding of no adverse effect [36 CFR 800.5(d) (1)] under Section 106 for resource 5WL.8109, including segment 5WL.8109.1 and resource 5WL.5217, including segment 5WL.5217.6. We concur with the recommended finding of no historic properties affected [36 CFR 800.4(d)(1)] under Section 106 for resource SWL.8107. 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 36 CFR 800. 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. If we may be of further assistance, please contact Jennifer Bryant, our Section 106 Compliance Manager, at (303) 866-2673 or jennifer.bryant c state.co.us. Sincerely, Steve Turner, AIA State Historic Preservation Officer OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION 303-866-3392 * Fax 303-866-2711 * E-mail: oahp@state.co.us * Internet: www.historycolorado.org -1- COLORADO HISTORICAL SOCIETY COLORADO Department of Transportation Region 4 Planning/Environmental Unit 10601 West 10th Street Greeley, CO 80634 (970) 350.2167 (Fax) 350.2181 August 3, 2017 Mr. Steve Turner, AIA State Historic Preservation Officer History Colorado 1200 Broadway Denver, CO 80203 RE: Section 106 Area of Potential Effects, National Register of Historic Places -Eligibility and Effect Determinations for CDOT Project No. ER 0030.067 (Subaccount number 20480), Weld County Road 53 /County Road 58A Bridge Replacement Project in Weld County, Colorado Dear Mr. Turner: The Colorado Department of Transportation (CDOT), on behalf of the Federal Highway Administration (FHWA), is requesting comments from the Colorado State Historic Preservation Officer (SHPO) and other Section 106 consulting parties on the proposed Area of Potential Effects (APE) and Determinations of National Register of Historic Places (NRKP)-Eligibility and Effect for the above - referenced project. The project wilt replace a damaged roadway bridge and roadway on Weld County Road 53 (WCR 53) spanning the South Platte River that was damaged by floodwaters in September 2013. WCR 53 is also part of State Highway 37A (SH 37A). The project is located approximately 1.2 miles north of the town of Kersey. DESCRIPTION OF UNDERTAKING In September 2013, a sustained period of heavy rains caused flood waters to exceed the banks of South Platte River's main channel and overtop WCR 53, resulting in scour damage to the roadway as well as to the piers, abutments, and wingwalls of Weld County bridge WEL053.0-058.0A. Emergency repair activities at this location consisted of backfill placed behind scoured bridge abutments, roadway shoulders and areas where the roadway washed out; asphalt paving on sections of washed out roadway; riprap placed along abutments, wingwalls, and piers for scour protection for the bridge; riprap placed along wingwalls for the concrete box culvert (CBC) north of the bridge; and installed a culvert at the intersection of WCR 53/SH 37A and WCR 388. The scope of the project include the work items necessary to complete the design of WCR 53/SH 37A from just north of WCR 58A to just north of WCR 388. The project is located approximately 1.2 mikes north of Kersey. The southern terminus is located 600 feet north of the WCR 58A intersection, and the northern terminus is 700 feet north of WCR 388. The project location is in Section 9, Township 5 North (T5N), Range 64 West 0R64W) of the 6th Principal Meridian (PM) on the U.S. Geological Survey (USGS) Kersey, Colorado 7.5 -Minute Quadrangle. The work will include roadway design along a new alignment, intersection improvements to WCR 388, a new bridge over the South Platte River and new access intersections. This project, which includes approximately 0.6 miles of roadway, wilt cross a regional and Local irrigation ditch as well as the South Platte River floodplain. The project includes a new roadway alignment and profile that will meet Weld County's current design standards, and a new bridge with a larger hydraulic opening that will convey the full 100 -year peak flow with four feet of freeboard, (to improve the hydraulic function and reduce flooding impacts on the surrounding communities). Mr. Turner August 3, 2017 Page 2 The new roadway typical section includes two 1 i-toot-wide travel lanes, one north -bound and one southbound, along with two 6 -foot -wide shoulders. The bridge typical section includes two 12 -foot - wide lanes, and two 2' shoulders with type 10M bridge rails on each side for a total bridge width of 31 feet. Temporary easements for construction purposes will be necessary on both sides of the roadway (refer to the attached right-of-way/ROW map), The proposed new vertical alignment consists of raising the roadway profile of WCR 53 approximately 5-7 feet to convey the full 100 -year peak flow under the structure and meet current Weld County roadway design criteria. The proposed new horizontal alignment including the bridge consists of shifting the current roadway alignment 40 feet to the west. AREA OF POTENTIAL EFFECT Based on the nature of the proposed improvements, the Area of Potential Effects (APE) is an area approximately 4,156 feet long by 216 feet wide and contains approximately 17.9 acres. Please refer to the enclosed APE map for the proposed project area (see Figure 1). The northern end of the APE begins at a point approximately 1,000 feet north of the intersection of WCR 53 and WCR 388 and runs southward to the intersection of WCR 53 and WCR 58. South of the Kersey Terrace and Plumb Ditch, the APE is limited.to to public ROW. North of the terrace it expands where the project leaves the existing project footprint. Two historical resources were identified within the APE - two isolated archaeological finds (IFs) were also recorded. Isolated finds are not eligible for the NRHP DETERMINATIONS OF ELIGIBILITY For purposes of this project, potentially eligible historic properties included any property that was at least 50 years of age and any property that had not been previously evaluated for the NRHP. A review of records maintained by the Weld County Assessor was undertaken to identify all properties in the APE that were constructed in 1968 or earlier, to account for any construction delays in the project. A search was also made of the COMPASS cultural resources database maintained by the Colorado Office of Archaeology and Historic Preservation (OAHP) to identify and determine the NRHP- eligibility status of previously recorded properties located within the APE. The results of the two records searches (COMPASS and Assessor's data) identified five historical resources in the project APE. Subsequently, a field survey was carried out for each identified resource along the project route. Three additional historical resources that had not been previously recorded were documented onto the appropriate OAHP inventory forms and evaluated for significance and integrity; the findings of the investigation are listed below. Previously Recorded and Evaluated: Culvert (5WL.3001): This concrete box culvert is part of the Plumb Ditch system and carries water under WCR 53. The culvert is located just to the north of the farm (5AM.8107) detailed below. It is located within the APE since it runs under WCR 53. The culvert was evaluated in 2002 as part of the CDOT Statewide Inventory, and was recommended as field -not eligible. The feature was constructed in 1958, and is a late addition to the ditch, which was built in the 1870s. This resource is exempt from Section 106 consultation per the Advisory Council on Historic Preservation's Program Comment for Common Post -1945 Concrete and Steel Bridges, issued in 2012. Bridge C -18 -CS (5WL.2994): Records maintained by CDOT state that this 663 foot -long, 13 -span bridge structure on WCR 53/SH 37A (milepost 1.293) crossing the South Platte River was constructed in 1958 and rehabilitated in 1986. However, USGS topographic quadrangles from the late 1980s show the road alignment and bridge shifted approximately 150 feet to the west (to its current location) which would indicate that the bridge was either moved or replaced. The bridge is a utilitarian structure with few Mr. Turner August 3, 2017 Page 3 distinguishing characteristics, and represents an example of a Concrete Stab a Girder (Poured in Place) (CSG), a common post -World War II utilitarian bridge type. It was evaluated in 2002 as part of the CDOT Statewide Historic Highway Bridges inventory completed by FraserDesign, at which time it was recommended as field -not NRHP-eligible. Regardless of its age, this resource is exempt from Section 106 consultation per the Advisory Council on Historic Preservation's Program Comment for Common Post -1945 Concrete and Steel Bridges, issued in 2012. Newly Recorded and Evaluated: All sites not previously recorded were evaluated by applying the NRHP-eligibly criteria (36 CFR 60.4). Historic properties are defined as districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association and: A. That are associated with events that have made a significant contribution to the broad patterns of our history; or B. That are associated with the lives of significant persons in our past; or C. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or D. That have yielded or may be likely to yield, information important in history or prehistory. Historic Farm (5WL.8107): This historic farm contains several historic buildings that are utilitarian in nature with few defining architectural features. It is not recommended as eligible under Criterion A or B because it is not directly associated with important people or events. The residence (built in 1915) has been altered and expanded, and does not represent a distinctive type, period, or method of construction. As such, the farm site is recommended as not eligible for the NRHP under Criterion C. Plumb Ditch Segment (5WL.5217.6): This linear historic resource runs under WCR 53 through a culvert (5WL.3001) constructed in 1958. This culvert is not visible from the road (only from within the ditch itself which was dry at the time of the survey) and does not detract from the historic nature of the resource. The ditch segment is one of the earliest irrigation ditches in the county and is associated with former Colorado governor Benjamin Eaton, who was responsible for its construction. Overall, this segment of the ditch retains a high degree of integrity and the ability to convey its significance and is therefore recommended as NRHP-eligible for the NRHP and it supports the eligibility of the overall linear historic resource. WCR 53/SH 37A (5WL.8109.1): This newly recorded road runs through the project area described above. The entire route could not be evaluated for this project and so is assumed to be eligible. However, the segment in the APE has been re -aligned from its original location, and is not in the same location as depicted on a USGS topographic map from the late 1980s. In addition to being realigned, the road has been rebuilt with modem design and surface materials. The segment in the APE would not support the NRHP-eligibility of the overall resource. Eligibility recommendations (previous and new) are presented in Table A below. Table A. Historic Resources Within or Adjacent to the APE SHP() Site Number Property Name Recommended Eligibility 5WL.8107 Historic Farm Recommended Not Eligible 5WL.2994 Bridge 53-58-A Field Section Not 106 Eligible (2002), Exempt from 5WL.8109.1 WCR 53 Segment Non linear -supporting historic segment of resource NRHP-eligible Mr. Turner August 3, 2017 Page 4 Table A. Historic Resources Within or Adjacent to the APE SHPO Site Number Property Name Recommended Eligibility 5WL.3001 Culvert C under WCR 53 Field Not Eligible (2002), Exempt from Section 106 5WL.5217.6 Plumb Ditch Segment Supporting segment of eligible property DETERMINATIONS OF EFFECT Effects to historic resources are presented in Table B below, and detailed descriptions of the Section 106 effects to each resource within the project APE follow the table. Table B. Effects to Historic Resources SHPO Number Site . , Property Address Potential Project Effect 5WL.81 09.1 WCR 53 Segment No Adverse Effect Plumb Ditch Segment No Adverse Effect 5WL.5217.6 No Historic Properties Affected Historic Farm (5AM.8107): This resource, situated within the APE, will be impacted by the incorporation of a small strip of new right-of-way taken from a section of the property that is immediately adjacent to the road. The resource is recommended as not eligible for the NRHP, and so CDOT's determination of effect for this resource is No Historic Properties Affected. No Adverse Effect WCR 53! SN 37A Segment (5WL.8109.1): The segment of the road that runs through the APE does not support the eligibility of the overall resource. Until the full length of the road can be evaluated and its integrity assessed, the entire resource is assumed to be NRHP-eligible for the purposes of this project. The project will replace the bridge, and at a point just north of 5WL.8107, shift the alignment of an approximately 375 foot Linear section of the road to align with and approach the new bridge. Although the road will be directly affected by reconstruction, the project will have no impact on any features that would potentially qualify the overall resource for inclusion in the NRHP. Therefore, the appropriate effect finding is No Adverse Effect with respect to 5WL.8109, including segment 5WL.8109.1. Plumb Ditch (5WL.5217.6): This portion of the ditch crosses under WCR 53 at a point just north of 5WL.8107. The project will repair the non -historic culvert, and add minimal riprap, but will make no other changes to the resource, and wilt not alter any features that qualify it for inclusion in the NRHP. This ditch crosses under the existing road and was filled with silt during the floods of 2013; it has not been used since. The project will clean this silt from the ditch, install an underground pipe to carry water further from the road and place rip -rap around the western inlet to prevent erosion. The planned road improvements will not diminish the historic integrity of this eligible resource nor Limit or alter its ability to convey significance. As such the appropriate finding for this site is No Adverse Effect. Section 4(f) de mrnmis notification The finding of No Adverse Effect outlined above for two historical resources within or adjacent to the APE that have been determined eligible for or are Listed in the NRHP by CDOT for purposes of this project under Section 106 —the Plumb Ditch segment (5WL.5217.6) and the WCR 53 segment (5WL.8109.1)—reflects the conclusion that, for any Section 4(f) properties affected by the project, those effects will not "alter, directly or indirectly, any of the characteristics of [the] historic property Mr. Turner August 3, 2017 Page 5 that qualify the property tor inclusion in the National Register in a manner that would diminish the integrity of the property's location, design, setting, materials, workmanship, feeling, or association," as described in 36 CFR 800.5(a)(1). Based on this conclusion, FHWA intends to make a de minimis finding under Section 4(f) requirements for the two historic properties listed above. CDOT and FHWA request any additional comments by the Colorado SHPO in the above -described findings of de minimis impacts on historic properties for the proposed project. Your written concurrence with the No Adverse Effect determinations as outlined above will be evidence that consultation requirements of Section 6009 of SAFETEA-LU, as they are codified at 23 U.S.C. 138(b)(2)(B) and (C) and 49 U.S.C. 303(d)(2)(B) and (C) are satisfied. Similar documentation is being sent by CDOT to the Weld County Department of Planning Services, with an invitation to comment. We will forward any response we may get from Weld County to your office. We request your concurrence with the findings of eligibility and effect outlined above. If you have questions or require additional information to complete your review, please contact CDOT Historian Jason Marmor at (970) 350-2153 or jason.marmor@state.co.us. Sincerely, Jim Eussen Region 4 Planning and Environmental Manager Attachments: APE Map Inventory Forms cc: Jason Marmor, Region 4 Senior Historian File/Central Files Lucerne f,Aason am er Cl av e rly Greeley Alder. • Ya5N 64W S005 5N 64W S008 1 5WL.5217.6 111 TC 5WL.81 07 5N 64W S017 ATKINS Figure 1: Area of Potential Effect - Weld County Rd 53 5N 64W S004 5N 64W'S009 1 WCR 53 - 5WL.8109. 5N 64W S016 N A APE Boundary Auburn Ln Sr) Ir=- .ersc:, 28197 County Road 53 Greeley, CO 80631 0 1,250 2,500 Feet 5WL.5217.6 Lucerne 5N 64W S008 5WL.8107 Approximate Location Jurgens Site Boundary 5WL.53 5N 64W S017 Mason Corner Clover, Greeley ED • a 5N 64W S009 WCR 53 - 5WL.8109.1 ATKINS Figure 2: Detail of Historic Resources in Area of Potential Effect - Weld County Rd 53 APE Boundary N A E_ V LIU I ALl!DU rn Salle IC ersey 28197 County Road 53 Greeley, CO 80631 0 225 450 Feet Weld County Road 53/CR58A Bridge Replacement Project 5WL.8107 Farm Resource Number:5WL.8107 Temporary Resource Number: OAHP1403 Rev. 9/98 COLORADO CULTURAL RESOURCE SURVEY Architectural Inventory Form I. IDENTIFICATION Official eligibility determination (OAHP use only) Date Initials Determined Eligible- NR Determined Not Eligible- NR Determined Eligible- SR Determined Not Eligible- SR Need Data Contributes to eligible NR District Noncontributing to eligible NR District 1. Resource number: 5WL.8107 2. Temporary resource number: N/A 3. County: Weld 4. City: N/A 5. Historic building name: N/A 6. Current building name: N/A 7. Building address: 23459 County Road 58, Greeley, CO 80631 8. Owner name and address: Lower Latham Reservoir Company, PO Box 398 Kersey, CO 80644 II. GEOGRAPHIC INFORMATION 9. P.M. 6th Township 5N Range 64W SW Yiof SW 1 of NW Y4 of NW Y4 of section 8-9 10. UTM reference Zone 1 3; 5 3= 9 5 3 mE 4 4 7 3 2 5 9 mN 11. USGS quad name:, Greele Year: 1994 Map scale: 7.5' X 15' Attach photo copy of appropriate map section. 12. Lot(s): N/A Block: N/A Addition: N/A Year of Addition: Unknown 13. Boundary Description and Justification: The site is bounded by Weld County Road 53 (WCR 53) on the east, and by agricultural lands on the north, west, and south. These boundaries conform to those set forth by the Weld County Assessor and includes all the features and land associated with the resource. Ill. Architectural Description 14. Building plan (footprint, shape): Irregular 15. Dimensions in feet: Length 45 x Width 28 16. Number of stories: 1 17. Primary external wall material(s): Horizontal Siding 18. Roof configuration: Hipped 19. Primary external roof material: Asphalt 20. Special features: Chimney 21. General architectural description: This site contains a residential building (Building 1), with an irregular shape, oriented to the west and constructed in 1915. The property was recorded from the public right- of-way, and portions of the rear (western) side of the house were not visible. The original portion of Building 1 is a simple square residence with few ornamental details. Its shape resembles that of the Resource Number:5WL.8107 Temporary Resource Number: Classic Cottage type including an elongated hipped roof. However, the building does not have a visible dormer, nor any visible porch that would serve as identifying features. An addition has been constructed onto the west side. This portion of the building has a shed roof and a large picture window is visible next to a pedestrian door on the southern fa�ade. The entire structure is covered with horizontal siding and the roof is covered with asphalt shingles. The visible windows appear to be a mix of modern, vinyl frames and some wood -framed units. 22. Architectural style/building type: No -Style 23. Landscaping or special setting features: The building sits on the west side of WCR53 and is part of a historic farm and is surrounded on the south, west, and north sides by agricultural fields. No formal landscaping was observed near the house. Several farm -related outbuildings are described below. 24. Associated buildings, features, or objects: The site contains several associated buildings. The age of construction reported for each building comes from the Weld County assessor. Building 2 is a large metal Quonset -shaped equipment shed (constructed in 1940) located just to the west of Building 1. Building 3 is wood -framed utility building, constructed in 1938, and located just to the north of Building 2. Covered with horizontal wood siding, the building appears to be used for storage. A small shed -like addition has been built onto the east side of Building 3. Building 4 is a small wood -framed storage shed, located on the southwest corner of Building 2. Building 5 is a rectangular storage building located north of Building 1 on the other side of the entry road to the site. Constructed in 1960 and built using concrete block, this front -gabled building, appears to be used for storage. Building 6 is a small wood -framed storage building located immediately adjacent to Building 5. The hipped roof is covered with wood shingles. 25. Date of Construction: Estimate: Actual: 1915 Source of information: Weld County Assessor, PIN 096308000023 26. Architect: Unknown Source of information: N/A 27. Builder/Contractor: Unknown Source of information: N/A 28. Original owner: Unknown Source of information: N/A Construction history (include description and dates of major additions, alterations, or demolitions): Little information has been found related to the construction or modification of this site. 30. Original location X Moved Date of move(s): N/A V. HISTORICAL ASSOCIATIONS 31. Original use(s): Domestic: Single Dwelling 32. Intermediate use(s): Domestic: Single Dwelling 33. Current use(s): Domestic: Single Dwelling Resource Number:5WL.8107 Temporary Resource Number: 34. Site type(s): A small farmstead located near the Platte River 35. Historical background: Few records related to this site have been found. Located in an unincorporated section of Weld County, the site sits approximately 1.2 miles north of Kersey, Colorado, and approximately .1 miles south of the Platte River. No farm atlases were found for the site, nor does the site appear in any historic directories. The first record that references this land is a Government Land Office (GLO) Patent granting the parcel to James P. Flanagan and Ira Corse on June 1, 1868. The land was granted under the Scrip -Warrant Act of 1855, which was used to give veterans parcels of land. It appears that Flanagan and Corse were veterans of the Vermont Militia who served, most likely, in the Mexican -American War. The use of military warrants for land grants was not extended to Civil War veterans. The patent included a large track of un-platted land on both sides of present-day WCR53 and running from the South Platte River south to the approximate edge of this parcel. The Weld County assessor states that the parcel was acquired by the Jurgens family in January 1900 and that they held the land until selling it to the current owners in 2002. George and Pauline Jurgens owned the land for many years and raised three girls on this farm. George Jurgens died in October 1972 and Pauline Jurgens lived until 2014.ln 1965, a geologist conducted a survey for gravel deposits on land owned by the Jurgens, near the South Platte River. That survey found one of the most significant Paleo—Indian sites in Colorado. The Jurgens site (5WL.53) was listed on the National Register of Historic Places in 1990, and contains hundreds of artifacts dating back to 7,000 to 7,500 BCE. 36. Sources of information: • Jeanette Collins Obituary, Greeley Tribune, September 30, 2015 • NRHP Nomination Form, Jurgens archeological site 5WL.53 • Bounty -Land Warrants for Military Service, 1775-1855, National Archives and Records Administration VI. SIGNIFICANCE 37. Local landmark designation: Yes No X Date of designation: N/A Designating authority: While the Jurgens Paleo-Indian site has been formally recognized on the NRHP, the farm itself has never been evaluated or designated. 38. Applicable National Register Criteria: A. Associated with events that have made a significant contribution to the broad pattern of our history; B. Associated with the lives of persons significant in our past; C. Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or that possess high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or D. Has yielded, or may be likely to yield, information important in history or prehistory. Qualifies under Criteria Considerations A through G (see Manual) X Does not meet any of the above National Register criteria 39. Area(s) of significance: N/A 40. Period of significance: N/A 41. Level of significance: National State Local Resource Number:5WL.8107 Temporary Resource Number: 42. Statement of significance: The primary residential structure on this site, is a simple building that has been altered with an addition, siding and windows and exhibits few architectural characteristics. The other buildings on the site are simple, utilitarian structures with few architectural features. The type and use of the buildings on this site are similar to other farms located in the area. As such, this site does not present a distinctive type, period, and method of construction, and is therefore not recommended as eligible for the NRHP under Criterion C. While the property contains a very significant archaeological site, the overall farm in not known to be associated with any significant people or with the events associated with the archaeological site and is therefore not recommended as eligible, under criteria A or B. The area evaluated by this form (only the houses and outbuildings) is unlikely to yield any information important to history or pre -history and is therefore not recommended as eligible under Criterion D. 43. Assessment of historic physical integrity related to significance: Building 1 has been altered and expanded and does not retain physical integrity. The other buildings are simple, utilitarian structures. VII. NATIONAL REGISTER ELIGIBILITY ASSESSMENT 44. National Register eligibility field assessment: Eligible Not Eligible X Need Data 45. Is there National Register district potential? Yes No X Discuss: This building sits in a rural area that lack any type of unifying theme or elements that do not make a cohesive grouping. If there is National Register district potential, is this building: Contributing Noncontributing X 46. If the building is in existing National Register district, is it: Contributing Noncontributing X VIII. RECORDING INFORMATION 47. Photograph numbers: P3132908 to P3132946 Digital files stored at: Atkins (7604 Technology Way, Suite 400, Denver, CO, 80237) 48. Report title: Colorado Boulevard and East 72nd Avenue Rail Line Station Area Improvements 49. Date(s): March 13, 2017 50. Recorder(s): Brian Shaw 51. Organization: Atkins 52. Address: 7604 Technology Way, Suite 400, Denver, CO, 80237 53. Phone number(s): (720) 475-7014 History Colorado - Office of Archaeology & Historic Preservation 1200 Broadway, Denver, CO 80203 (303) 866-3395 SITE PHOTOGRAPHS Client Weld Name: County Project: Weld County Road 53 Project 100053699 No.: Photo P3132922 No.: Date: 3/13/2017 v Site Number: 5WL.8107 - 23459 County Road 58 Description: County p Overview Road 58 looking of 23459 north. •= �q^, 4., Note addition on west side of � z.; � N r_ 4 g : '01, I Building 1, Building 3 is visible in t the middle of the photo. Building a w=... _u� . > .w. f � 2 photo is i located and on Building the left 4 side is just of to the the : a r i 4,a xr r, ' Y left of Building 2. t SITE PHOTOGRAPHS Client Weld Name: County Project: Weld County Road 53 100053699 Project No.: Photo No.: Date: P3132927 3/13/2017 Site Number: 5WL.8107 Description: Building 1 looking southwest. Note addition on west side of building and modern windows. Building 2 is visible on , the right edge of the photo. _ , a` 4 3 SITE PHOTOGRAPHS Client Name: Weld County Photo No.: P3132927 Date: 3/13/2017 Site Number: 5WL.8107 - 23459 County Road 58 Description: Building 1 looking north. Note updated siding and addition on west side of house. Client Name: Weld County Photo No.: P3132926 Date: 3/13/2017 Site Number: 5WL.8107 Description: Building 3 looking north. Note small shed addition on east side of building. Building 1 is just visible on the right side of the photos and Building 2 is visible on the left side of the photo. Project: Weld County Road 53 Project No.: 100053699 SITE PHOTOGRAPHS Project: Weld County Road 53 Project No.: 100053699 L, y -.- + t iA1350rl orn er rlciverly Greeley C Evan' Auburn La Salle Alden • as Kersey Ci 5WL.8107 5N 64W S017 ATKINS Location Map 28197 County Road 53 Greeley, CO 80631 5N 64W S004 5N 64W;S009 I u WCR 53 - 5WL.8109.1 5N 64W S016 N A 0 1,250 2,500 Feet WCR 53 - 5WL.8109.1 ¶anon c•rn er Cl owe rly k Greeley Auburn Salle 413 • ATKINS Site M a p 28197 County Road 53 - Geeley, CO 80631 N A 0 50 100 Feet Weld County Road 53/CR58A Bridge Replacement Project 5WL. 8109.1 WCR 53 COLORADO CULTURAL RESOURCE SURVEY Linear Component Form This form should be completed for each linear resource or linear segment. Use this form in conjunction with the Management Data Form. Call OAHP staff (303-866-5216) prior to assigning a resource number. I. Resource Identification 1. Resource Number: 5WL.8109.1 2. Temporary Resource Number: 3. Site Name: Weld County Road 53 4. Record of: ❑ Entire resource Segment II. Resource Description 5. Resource Type: Road ❑ Railroad Trail II Ditch/Canal OAHP 1418 Rev. 11/2010 Other (specify): 6. Component Description: This segment of Weld County Road (WCR) 53 runs for approximately 2.5 miles from its intersection with US 34 (on the south) to its intersection and northern terminus with Weld County Road 60 1/2. It is a relatively flat, two-lane road. It slopes downward slightly as it nears the South Platte River (approximately 1.2 miles north of US 34) and then gently rises again as it nears WCR 388. The road runs through a rural part of Weld County that is slowly becoming an exurban part of Greeley, which lies approximately 10 miles to the west. The route can be classified as a road (an intercity route) that links towns or other geographically separated locations. It appears that the route near the river has been shifted. U.S. Geological Survey (USGS) maps from the 1950s show the road taking a different bend in as it crosses the South Platte River and runs north. USGS maps from the 1980s show the location of the bridge and the route of the road shfting approximately 400 feet to the west. This road does not appear to directly match any of the types or significance standards listed in Colorado State Roads and Highways, a 2003 Multiple Property National Register of Historic Places nomination form. It most closely matches the Farm -to -Market Road sub -type, which is defined as "...collectors for earlier private and county roads to funnel agricultural products to local market centers. These roads also served to join local markets to regional transportation and processing centers". It is not clear that this road directly served this function. While numerous farms and ranches are found in this area, the region is crossed by a network of county roads. US 34 (the southern terminus of this segment) does appear to have served as the Farm -to -Market Road for this area, linking the town of Kersey (which sits just south of the intersection of US 34 and WCR 53) to Greeley and then to the Denver area. 7. Original use: Road 8. Current use: Road 9. Modifications (describe and include dates): The overall route of the road has remained consistent. USGS maps from the 1950s show the road in its present alignment except in the area where it crosses the river. Those maps show that the bridge (which was replaced in 1960) and its approach route followed a slightly different route. The 1950 map categorized the road as a loose -surface, graded dirt road. By 1965, the road had been upgraded to a Hard Surface, Medium Duty Road. Today, the entire segment, is a modern, asphalt covered, two-lane road. 10. Extent of Entire Resource: The entire road runs for approximately 13.5 miles from WCR 34 (the southern terminus) to WCR 60 1/2 (the northern terminus). 11. Associated Artifacts: N/A Page 1of3 Resource Number: 5WL.8109.1 12. Associated Features or Resources: of the Plumb Ditch (5WL.5271.6). Linear Component Form Temporary Resource Number: This segment passes a recorded historic farm (5WL.8107), and a segment III. Research Information 13. Architect/Engineer: Unknown Source(s) of Information: 14. Builder: Unknown Source(s) of Information: 15. Date of Construction / Date Range: Unknown Source(s) of Information: 16. Historical / Archival Data: Few historical records were found related to this road. It runs through an unincorporated part of Weld County. The only records located were historic USGS maps that show the route and the earliest map it appears on dates to 1950. 17. Cultural Affiliation and Justification: N/A IV. Management Recommendations 18. Eligibility of Entire Resource Eligible ❑ Not Eligible /1 Need Data Is this an official determination? U Yes /1 No Remarks / Justification: This segment of road does not represent a distinctive type (such as farm -to -market), period, and method of construction, and is therefore not recommended as eligible for the NRHP under Criterion C. This segment is not known to be associated with any significant people or events and is therefore not recommended as eligible, under criteria A or B. It is unlikely to yield any information important to history or pre -history and is therefore not recommended as eligible under Criterion D It does not appear to contribute to the eligibility of the overall resource (the non -evaluated segments of WCR 53). Until the full length of the road can be evaluated and its integrity assessed, the entire resource cannot be recommended to the NRHP. 19. Evaluation of integrity of the segment of the entire linear resource being recorded (Complete only if "Segment" under item 4 is checked and the entire resource is marked as Eligible under item 18) Supporting ❑ Non -supporting /1 Not applicable Page 2 of 3 Linear Component Form Resource Number: 5WL.8109.1 Temporary Resource Number: Remarks / Justification: Only this 2.5 mile segment of WCR 53 was recorded and evaluated. 20. Recorder(s): Brian Shaw 21. Date: April 14, 2017 Colorado Historical Society - Office of Archaeology & Historic Preservation 1560 Broadway, Suite 400 Denver, CO 80202 303-866-3395 Page 3 of 3 COLORADO CULTURAL RESOURCE SURVEY Management Data Form OAHP 1400 Rev. 11/10 A Management Data Form should be completed for each cultural resource recorded during an archaeological survey. Isolated finds and revisits are the exception and they do not require a Management Data Form. Please attach the appropriate component forms and use continuation pages if necessary. Fields can be expanded or compressed as necessary. 1. Resource Number: 5WL.8109.1 3. Attachments (check as many as apply) ❑ Prehistoric Archaeological Component ❑ Historic Archaeological Component .1 Linear Component �1 Sketch/Instrument Map (required) .1 U.S.G.S. Map Photocopy (required) /1 Photograph(s) (required) ❑ Other, specify: I. IDENTIFICATION 5. Resource Name: Weld County Road 53 2. Temporary Resource Number: 4. Official determination (OAHP use only) ❑ Determined Eligible NR\SR Determined Not Eligible NR\SR N ominated N eed Data NR\SR Contributing to NR Dist.\SR Dist. N ot Contributing to NR Dist.\SR Dist. S upports overall linear eligibility NR\SR Does not support overall linear eligibility NR\SR 6. Project Name/Number: Weld County Road 53/CR58A Bridge Replacement Project 7. Government Involvement: ❑ Local /1 State ❑Federal Agency: Colorado Department of Transportation and Weld County 8. Site Categories (check as many as apply): Prehistoric: ❑ archaeological site ❑ paleontological site ■ In existing National Register District National Register District name: Historic: ❑ archaeology site ❑ building(s) National Register District name: N/A 9. Owner(s) Name and Address: Weld County,1111 H Street, Greeley, CO 80632 structure(s) U object(s) U In existing National Register District 10. Boundary Description and Justification: This segment of Weld County Road (WCR) 53 runs for approximately 2.5 miles from its intersection with US 34 (on the south) to its intersection and northern terminus with Weld County Road 60 1/2. 11. Site/Property Dimensions Area was calculated as: II. LOCATION 12. Legal Location PM PM PM PM If section is irregular, explain alignment method: 13. USGS Quad: Greeley Length: 3,900m Width: 14m ] Length x Width (rectangle/square) Township Range Section Township Range Section _ Township Range Section _ Township Range Section _ See Attachment 14. County: Area: 7.26m2 Acres (m2/4047). Length x Width x 0.785 (Ellipse) Weld GIS (Page 1 of 5) Management Data Form Resource Number: 5WL.8109.1 Temporary Resource Number: 15. UTM Coordinates: A. Zone B. Zone C. Zone D. Zone I I I Datum used mE mE mE mE NAD 27 [J NAD 83 U WGS 84 Other: mN mN mN mN 16. UTM Source: U Corrected GPS/rectified survey (<5m error) Other (explain): See Attachment 17. Site elevation (feet): 4,614 18. Address: N/A Lot: Uncorrected GPS U Map template Block: Addition: 19. Location/Access: The public right-of-way intersects with US 34 on its southern terminus, and into WCR 60 1/2 on its northern terminus. III. NATURAL ENVIRONMENT/SITE CONDITION 20. General Description (should include both on site as well as geographical setting with aspect, landforms, vegetation, soils, depositional environment, water, ground visibility): Much of the project area is within the floodplain of the South Platte River. The floodplain is overlain by sand. Some of the sand is probably from the floods, but at the streambank sand is several feet deep. The project area is underlain by sandy loams. The project also includes adjacent terraces. The south end of the project runs through agricultural land. The vegetation is generally riparian with Willow and Cottonwood. There is also cattail, wheatgrass and other wetland species. The southern end is entirely agricultural. 21. Soil depth (cm) and description: N/A (Page 2 of 6) Resource Number: 5WL.8109.1 22. Condition a. Architectural/Structural ❑ Excellent ►1 Good ❑ Fair ❑ Deteriorated I -I Ruin Management Data Form Temporary Resource Number: b. Archaeological/Paleontological ❑ Undisturbed ❑ Light disturbance ❑ Moderate disturbance ❑ Heavy disturbance I —I Total disturbance 23. Describe condition: This segment of Weld County Road (WCR) 53 runs for approximately 2.5 miles from its intersection with US 34 (on the south) to its intersection and northern terminus with Weld County Road 60 1/2. It is a relatively flat, two-lane road. It slopes downward slightly as it nears the South Platte River (approximately 1.2 miles north of US 34) and then gently rises again as it nears WCR 388. The road runs through a rural part of Weld County that is slowly becoming an exurban part of Greeley, which lies approximately 10 miles to the west. The route can be classified as a road (an intercity route) that links towns or other geographically separated locations. It appears that the route near the river has been shifted. U.S. Geological Survey (USGS) maps from the 1950s show the road taking a different bend in as it crosses the South Platte River and runs north. USGS maps from the 1980s show the location of the bridge and the route of the road shfting approximately 400 feet to the west. This road does not appear to directly match any of the types or significance standards listed in Colorado State Roads and Highways, a 2003 Multiple Property National Register of Historic Places nomination form. It most closely matches the Farm -to -Market Road sub -type, which is defined as "...collectors for earlier private and county roads to funnel agricultural products to local market centers. These roads also served to join local markets to regional transportation and processing centers". It is not clear that this road directly served this function. While numerous farms and ranches are found in this area, the region is crossed by a network of county roads. US 34 (the southern terminus of this segment) does appear to have served as the Farm -to -Market Road for this area, linking the town of Kersey (which sits just south of the intersection of US 34 and WCR 53) to Greeley and then to the Denver area. 24. Vandalism: I IYes /1 No Describe: N/A IV. NATIONAL/STATE REGISTER ELIGIBILITY ASSESSMENT 25. Context or Theme: 26. Applicable National Register Criteria: ❑ A. Associated with events that have made a significant contribution to the broad pattern of our history ❑ B. Associated with the lives of persons significant in our past ❑ C. Embodies the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction ❑ D. Has yielded, or may be likely to yield, information important in history or prehistory Does not meet any of the National Register criteria ❑ Qualifies under exceptions A through G. List exception(s): 27. Applicable State Register Criteria: ❑ A. Property is associated with events that have made a significant contribution to history ❑ B. Property is connected with persons significant in history ❑ C. Property has distinctive characteristics of a type, period, method of construction or artisan ❑ D. Property is of geographic importance ❑ E. Property contains the possibility of important discoveries related to prehistory or history /1 Does not meet any of the State Register criteria 28. Area(s) of significance: N/A (Page 3 of 6) Management Data Form Resource Number: 5WL.8109.1 Temporary Resource Number: 29. Period(s) of significance: N/A 30. Level of significance: ❑ National ❑ State ❑ Local 31. Statement of significance: This road first appears on a 1950 U.S. Geological Survey (USGC) map. This road does not appear to directly match any of the types or significance standards listed in Colorado State Roads and Highways, a 2003 Multiple Property National Register of Historic Places nomination form. It most closely matches the Farm -to -Market Road sub -type, which is defined as "...collectors for earlier private and county roads to funnel agricultural products to local market centers. These roads also served to join local markets to regional transportation and processing centers". It is not clear that this road directly served this function. While numerous farms and ranches are found in this area, the region is crossed by a network of county roads. US 34 (the southern terminus of this segment) does appear to have served as the Farm -to -Market Road for this area, linking the town of Kersey (which sits just south of the intersection of US 34 and WCR 53) to Greeley and then to the Denver area. This road does not present a distinctive type, period, or method of construction, and is therefore not recommended as eligible for the NRHP under Criterion C. The site is not known to be associated with any significant people or events and is therefore not recommended as eligible, under criteria A or B. It is unlikely to yield any information important to history or pre -history and is therefore not recommended as eligible under Criterion D. It does not appear to contribute to the eligibility of the overall resource (the non -evaluated segments of segments of WCR 53). Until the full length of the road can be evaluated and its integrity assessed, the entire resource cannot be recommended to the NRHP. 32. Statement of historic integrity related to significance: The overall route of the road has remained consistent. USGS maps from the 1950s show the road in its present alignment except in the area where it crosses the river. Those maps show that the bridge and its approach route followed a slightly different route. The 1950 map categorized the road as a loose -surface, graded dirt road. By 1965, the road had been upgraded to a Hard Surface, Medium Duty Road. Today, the entire road, is a modern, asphalt covered, two-lane road. 33. National Register Eligibility Field Assessment: Linear Segment Evaluation (if applicable): 34. Status in an Existing National Register District: 35. State Register Eligibility Field Assessment: 36. Status in an Existing State Register District: 37. National/State Register District Potential: ❑ Yes Eligible Supporting Contributing Eligible Contributing N ot eligible N on Supporting N on-contributing N ot eligible Non-contributing Need data Need data No Describe: The road crosses an undeveloped area that contains a mix of historic and modern buildings that lack any type of unifying theme or elements. (Page 4 of 6) Management Data Form Resource Number: 5WL.8109.1 Temporary Resource Number: 38. Cultural Landscape Potential: ❑ Yes ►1 No Describe: As noted above, the route runs through an area with a mix of historic and modern sites. 39. If Yes to either 37 or 38, is this site: ❑ Contributing ❑ Non-contributing Explain: N/A V. MANAGEMENT AND ADMINISTRATIVE DATA 40.Threats to Resource: ❑ Water erosion ❑ Wind erosion ❑ Grazing ❑ Neglect ❑ Vandalism ❑Recreation ❑ Construction ❑ Other (explain): 41. Existing protection ❑ None ❑ Marked ❑ Fenced ►1 Patrolled LI Access controlled Other (specify): Comments: This road is used on a regular basis and patrolled by the Weld County Sheriff and is maintained by the county public works department. 42. Local landmark designation: N/A 43. Easement: N/A 44. Recorder's Management Recommendations: The road is maintained by the county and appears to be in good condition.There are no management recommendations. VI. DOCUMENTATION 45. Previous actions accomplished at the site: ❑ Tested ❑ Partial excavation ❑ Complete excavation Date(s): N/A a. Excavations: b. Stabilization: c. HABS/HAER documentation [date(s) and numbers]: d. Other: 46. Known collections/reports/interviews and other references (list): N/A 47. Primary location of additional data: N/A Date(s): 48. State or Federal Permit number: N/A 49. Collection: Artifact collection authorized: ❑ Yes ►1 No Were artifacts collected: ❑ Yes ►1 No Artifact repository: Collection method: ❑ Diagnostics ❑ Grab Sample ❑ Random Sample (Page 5 of 6) Management Data Form Resource Number: 5WL.8109.1 Temporary Resource Number: Other (specify): 50. Photograph Numbers: 0215171421a to 0215171439a Files or negatives stored at: Atkins, 7604 Technology Way, Suite 400, Denver, CO, 80237 51. Report title: Weld County Road 53 52. Recorder(s): Brian Shaw Date: 3/30/2017 53. Recorder affiliation: Atkins Phone number/Email: (720) 475-7014 brian.shaw@atkinsglobal.com NOTE: Please attach a site map, a photocopy of the USGS 1:24000 map indicating resource location, and photographs. History Colorado - Office of Archaeology & Historic Preservation 1200 Broadway, Denver, CO 80203 303-866-3395 (Page 6 of 6) SITE PHOTOGRAPHS Client Name: Weld County Photo No.: P1040849 Date: 3/13/2017 Site Number: 5WL.8109.1 Description: Intersection of WCR 53 (on left side of photo) and WCR 388 (curving to the right). View is looking to the north. Project: Weld County Road 53/CR58A Bridge Replacement Project Project No.: 100053699 Client Name: Weld County Photo No.: P1040858 Date: 3/13/2017 Site Number: 5WL.8109.1 Description: View of WCR 53 looking to the north towards intersection with WCR 60 1A. SITE PHOTOGRAPHS Project: Weld County Road 53/CR58A Bridge Replacement Project Project No.: 100053699 SITE PHOTOGRAPHS Client Name: Weld County Project: Weld County Road 53/CR58A Bridge Replacement Project Project No.: 100053699 Photo No.: P1040856 Date: 3/13/2017 Site Number: 5WL.8109.1 Description: Overview of WCR 53 looking towards the north and bridge crossing South Platte River. SWL.8107 (farm) is visible in background on the west side of road. SITE PHOTOGRAPHS Client Name: Weld County Project: Weld County Road 53/CR58A Bridge Replacement Project Project No.: 100053699 Photo No.: P1040872 Date: 3/13/2017 Site Number: 5WL.8109.1 Description: Intersection of WCR 53 (on left side of photo) and WCR 58 (on right side of photo). View is looking to the north. SITE PHOTOGRAPHS Client Name: Weld County Project: Weld County Road 53/CR58A Bridge Replacement Project Project No.: 100053699 Photo No.: P1040837 Date: 3/13/2017 Site Number: 5WL.8109.1 Description: Culvert and drainage on east side of WCR 53 looking to the south. SITE PHOTOGRAPHS Client Name: Weld County Project: Weld County Road 53/CR58A Bridge Replacement Project Project No.: 100053699 Photo No.: P1020964 Date: 3/13/2017 Site Number: 5WL.8109.1 Description: Bridge (SWLZ994) carrying WCR 53 over South Platte River. View is looking south. Lucerne Mason = orn er Cloy e rI y Greeley C3 .4u_uht.am La Salle Alden ci 1:\s±„,_ 5N 64W S008 5N 64W S017 ATKINS Location Map Weld County Road 53 5WL.8109.1 5N 64W S004 5N 64W , S009 WCR 53 - 5WL.8109.1 ......r......4:W....m.+IY..4.'ay.:r�i„».►.•� 2WSR 5N 64W S016 N A 0 1,250 2,500 Feet Weld County Road 53/CR58A Bridge Replacement Project 5WL.5217.6 Plum Ditch COLORADO CULTURAL RESOURCE SURVEY Linear Component Form This form should be completed for each linear resource or linear segment. Use this form in conjunction with the Management Data Form. Call OAHP staff (303-866-5216) prior to assigning a resource number. I. Resource Identification 1. Resource Number: 5WL.5217.6 2. Temporary Resource Number: 3. Site Name: Plumb Ditch 4. Record of: ❑ Entire resource /1 Segment II. Resource Description 5. Resource Type: ❑ Road ❑ Railroad Trail ►1 Ditch/Canal OAHP 1418 Rev. 11/2010 Other (specify): 6. Component Description: This segment of the ditch runs on a generally northwest/southeast axis. The northwestern end of the segment beings at a point approximately 265 meters west of Weld County Road (WCR) 53. The segment runs parallel to the South Platte River for a distance of approximately 468 meters. It crosses under WCR 53 at culvert 5WL.3001, and this segment ends at a point approximately 193 meters southeast of WCR 53. 7. Original use: Irrigation 8. Current use: Irrigation 9. Modifications (describe and include dates): This segment of dtich runs under Weld County Road 53 through a culvert (5WL.3001) constructed in 1958, that was recommended as not eligible for the NRHP. This culvert is the only modification known to this segment. 10. Extent of Entire Resource: The entire ditch runs for approximately 5.17 miles from the two points where it joins the South Platte River. 11. Associated Artifacts: N/A 12. Associated Features or Resources: The culvert that runs under WCR 53 (5WL.3001) is the only known resource in this segment. The 1958 culvert was determined not eligible -field in 2002. Page 1of3 Linear Component Form Resource Number: 5WL.5217.6 Temporary Resource Number: III. Research Information 13. Architect/Engineer: Unknown Source(s) of Information: 14. Builder: Benjamin Eaton Source(s) of Information: The Governor Benjamin Harrison Easton Collection at the Colorado State Archives. 15. Date of Construction / Date Range: 1871/1877 Source(s) of Information: The Governor Benjamin Harrison Easton Collection at the Colorado State Archives. 16. Historical / Archival Data: The Governor Benjamin Harrison Easton Collection at the Colorado State Archives. 17. Cultural Affiliation and Justification: N/A IV. Management Recommendations 18. Eligibility of Entire Resource ❑ Eligible ❑ Not Eligible Need Data Is this an official determination? ❑ Yes No Remarks / Justification: In 2006, the first segment of the Plumb Ditch (5WL.5217.1) was evaluated. That report evaluated only that small segment and stated that the eligibility of the resource for the National Register of Historic Places (NRHP) has a whole could not be evaluated, because the physical integrity of the entire length of the ditch had not be recorded. That report noted that the resource has a whole would likely be eligible under Criterion A since the ditch was "one of the first constructed in the area, when construction of ditches was experimental". It goes on to say that the ditch might be eligible for the NRHP under Criterion B because it was constructed by future Colorado governor Benjamin H. Eaton. This finding is mirrored in this current report. Our evaluation finds that this segment retains sufficient integrity to be recommended as eligible for the NRHP under criteria A and B, and potentially C. However, until the entire ditch can be evaluated and its integrity assessed, the entire resource cannot be recommended to the NRHP. 19. Evaluation of integrity of the segment of the entire linear resource being recorded (Complete only if "Segment" under item 4 is checked and the entire resource is marked as Eligible under item 18) ❑ Supporting ❑ Non -supporting Not applicable Remarks / Justification: 20. Recorder(s) : : Brian Shaw 21. Date: April 14, 2017 Page 2of3 Linear Component Form Resource Number: 5WL.5217.6 Temporary Resource Number: Colorado Historical Society - Office of Archaeology & Historic Preservation 1560 Broadway, Suite 400 Denver, CO 80202 303-866-3395 Page 3 of 3 COLORADO CULTURAL RESOURCE SURVEY Management Data Form OAHP1400 Rev. 11/10 A Management Data Form should be completed for each cultural resource recorded during an archaeological survey. Isolated finds and revisits are the exception and they do not require a Management Data Form. Please attach the appropriate component forms and use continuation pages if necessary. Fields can be expanded or compressed as necessary. 1. Resource Number: 5WL.5217.6 3. Attachments (check as many as apply) ❑ Prehistoric Archaeological Component ❑ Historic Archaeological Component /1 Linear Component /1 Sketch/Instrument Map (required) .1 U.S.G.S. Map Photocopy (required) �1 Photograph(s) (required) ❑ Other, specify: I. IDENTIFICATION 5. Resource Name: Plumb Ditch 2. Temporary Resource Number: 4. Official determination (OAHP use only) ❑ Determined Eligible NR\SR Determined Not Eligible NR\SR Nominated Need Data NR\SR Contributing to NR Dist.\SR Dist. Not Contributing to NR Dist.\SR Dist. Supports overall linear eligibility NR\SR Does not support overall linear eligibility NR\SR 6. Project Name/Number: Weld County Road 53/CR58A Bridge Replacement Project 7. Government Involvement: IJ Local /1 State I (Federal Agency: Colorado Department of Transportation and Weld County 8. Site Categories (check as many as apply): Prehistoric: ❑ archaeological site ❑ paleontological site IN In existing National Register District National Register District name: Historic: ❑ archaeology site ❑ building(s) National Register District name: N/A 9. Owner(s) Name and Address: Plumb and Dailey Ditch Company, P.O. Box 119, Longmont, CO 80502 structure(s) LJ object(s) U In existing National Register District 10. Boundary Description and Justification: This segment of the ditch runs from a point approximately 272 meters northwest of WCR 53 to a point 185 meters southeast of the road. This includes the area in the project area of potential effects and the area affected by the 2013 floods. 11. Site/Property Dimensions Area was calculated as: II. LOCATION 12. Legal Location PM PM PM PM Length: 468m Width: 5m ] Length x Width (rectangle/square) Township Township Township Township Range Range Range Range If section is irregular, explain alignment method: 13. USGS Quad: Greeley Section Section Section Section See Attachment Area: 0.58m2 Acres (m2/4047): Length x Width x 0.785 (Ellipse) 14. County: Weld GIS (Page 1 of 5) Management Data Form Resource Number: 5WL.5217.6 Temporary Resource Number: 15. UTM Coordinates: A. Zone B. Zone C. Zone 1 D. Zone , 16. UTM Source: Datum used mE mE mE mE NAD 27 ❑ NAD 83 ❑ WGS 84 Other: mN mN mN mN Corrected GPS/rectified survey (<5m error) Other (explain): See Attachment 17. Site elevation (feet): 4,614 18. Address: N/A Lot: Uncorrected GPS ❑ Map template Block: Addition: 19. Location/Access: The culvert that crosses under WCR 53 (5WL.3001) can be seen or accessed from the public ROW. The remainder of the segment crosses private land on both sides of the road. III. NATURAL ENVIRONMENT/SITE CONDITION 20. General Description (should include both on site as well as geographical setting with aspect, landforms, vegetation, soils, depositional environment, water, ground visibility): This segment of the ditch runs parallel to the South Platte River and is located on a terrace on the eastern Colorado Plains. 21. Soil depth (cm) and description: Approximately 50cm gray, sandy loam. (Page 2 of 6) Management Data Form Resource Number: 5WL.5217.6 Temporary Resource Number: 22. Condition a. Architectural/Structural b. Archaeological/Paleontological ❑ Excellent ❑ Undisturbed ❑ Good ❑ Light disturbance /t Fair ❑ Moderate disturbance .1 Deteriorated ❑ Heavy disturbance ❑ Ruin ❑ Total disturbance 23. Describe condition: This segment of ditch was adversely affected by the 2013 floods that filled this portion with mud and silt closing the culvert (5WL.3001 and constructed in 1958) that runs under WCR 53. Since then, grasses have begun growing in these filled in areas. But the ditch retains its course and structure. There are plans to clean the silt and grasses from this segment in 2018, as part of this project, and to restore the flow of water.The restoration project will clean out the culvert (recommended as not eligible -Field to the NRHP in 2002) but will not affect its physical structure. 24. Vandalism: UYes ►1 No Describe: N/A IV. NATIONAL/STATE REGISTER ELIGIBILITY ASSESSMENT 25. Context or Theme: Weld County Historic Agricultural Context (Mehls and Mehls 1989), Irrigation and Water Supply Ditches and Canals in Colorado (Holleran 2005). 26. Applicable National Register Criteria: ❑ A. Associated with events that have made a significant contribution to the broad pattern of our history ❑ B. Associated with the lives of persons significant in our past ❑ C. Embodies the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction ❑ D. Has yielded, or may be likely to yield, information important in history or prehistory ❑ Does not meet any of the National Register criteria ❑ Qualifies under exceptions A through G. List exception(s): 27. Applicable State Register Criteria: ❑ A. Property is associated with events that have made a significant contribution to history ❑ B. Property is connected with persons significant in history ❑ C. Property has distinctive characteristics of a type, period, method of construction or artisan ❑ D. Property is of geographic importance ❑ E. Property contains the possibility of important discoveries related to prehistory or history ❑ Does not meet any of the State Register criteria 28. Area(s) of significance: N/A 29. Period(s) of significance: N/A 30. Level of significance: u National U State U Local (Page 3 of 6) Management Data Form Resource Number: 5WL.5217.6 Temporary Resource Number: 31. Statement of significance: In 2006, the first segment of the Plumb Ditch (5WL.5217.1) was evaluated. That report evaluated only that small segment and stated that the eligibility of the resource for the National Register of Historic Places (NRHP) has a whole could not be evaluated, because the physical integrity of the entire length of the ditch had not be recorded. That report noted that the resource has a whole would likely be eligible under Criterion A since the ditch was "one of the first constructed in the area, when construction of ditches was experimental". It goes on to say that the ditch might be eligible for the NRHP under Criterion B because it was constructed by future Colorado governor Benjamin H. Eaton. This finding is mirrored in this current report. Our evaluation finds that this segment retains sufficient integrity to be recommended as eligible for the NRHP under criteria A and B, potentially C. However, until the entire ditch can be evaluated and its integrity assessed, the entire resource cannot be recommended. 32. Statement of historic integrity related to significance: As noted above, this segment of the ditch retains its course and overall structure. The culvert under WCR 53 was silted in by the 2013 floods, but the wingwalls and other features of the culvert that runs under the road appear to be intact. 33. National Register Eligibility Field Assessment: Linear Segment Evaluation (if applicable): 34. Status in an Existing National Register District: 35. State Register Eligibility Field Assessment: 36. Status in an Existing State Register District: 37. National/State Register District Potential: ❑ Yes Eligible Supporting Contributing Eligible Contributing N ot eligible N on Supporting N on-contributing N ot eligible Non-contributing Need data Need data No Describe: The ditch crosses an undeveloped area that contains a mix of historic and modern buildings that lack any type of unifying theme or elements. 38. Cultural Landscape Potential: U Yes /1 No Describe: As noted above, the ditch runs through an area with a mix of historic and modern sites. 39. If Yes to either 37 or 38, is this site: U Contributing Non-contributing Explain: N/A (Page 4 of 6) Management Data Form Resource Number: 5WL.5217.6 Temporary Resource Number: V. MANAGEMENT AND ADMINISTRATIVE DATA 40.Threats to Resource: ❑ Water erosion ❑ Wind erosion ❑ Grazing ❑ Neglect ❑ Vandalism ❑Recreation ❑ Construction .t Other (explain): This segment of ditch was adversely affected by the 2013 floods when the ditch was filled with silt and mud filling the culvert under WCR 53 41. Existing protection ❑ None ❑ Marked ❑ Fenced .1 Patrolled ❑ Access controlled Other (specify): Comments: This segment of ditch runs under a well used road that is patrolled by the Weld County Sheriff. The segments on both the sides of the road run across private land. 42. Local landmark designation: N/A 43. Easement: N/A 44. Recorder's Management Recommendations: This segment is not currently in use, but should be restored in 2017. There are no other management recommendations. VI. DOCUMENTATION 45. Previous actions accomplished at the site: ❑ Tested ❑ Partial excavation ❑ Complete excavation Date(s): N/A a. Excavations: b. Stabilization: c. HABS/HAER documentation [date(s) and numbers]: d. Other: 46. Known collections/reports/interviews and other references (list): N/A 47. Primary location of additional data: N/A Date(s): 48. State or Federal Permit number: N/A 49. Collection: Artifact collection authorized: ❑ Yes /1 No Were artifacts collected: ❑ Yes /1 No Artifact repository: Collection method: Diagnostics ❑ Grab Sample U Random Sample Other (specify): 50. Photograph Numbers: P3132904 to P3132907 Files or negatives stored at: Atkins, 7604 Technology Way, Suite 400, Denver, CO, 80237 51. Report title: 52. Recorder(s): Brian Shaw 53. Recorder affiliation: Atkins Phone number/Email: (720) 475-7014 brian.shaw@atkinsglobal.com Date: 3/30/2017 NOTE: Please attach a site map, a photocopy of the USGS 1:24000 map indicating resource location, and photographs. History Colorado - Office of Archaeology & Historic Preservation 1200 Broadway, Denver, CO 80203 (Page 5 of 6) Management Data Form Resource Number: 5WL.5217.6 Temporary Resource Number: 303-866-3395 (Page 6 of 6) 11. Site/Property Dimensions Length: 468 m II: Location 12. Legal Location 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM SN SN 5N SN 5N 5N SN 5N 5N 5N 5N SN SN. 5N 5N 5N 5N 5N SN SN Township Township Township Township Township Township Township Township Township Township Township Township Township Township Township Township Township Township Township Township 15. UTM Coordinates (NAD83) Id 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 X_UTM 536829 536881 536895 536912 536945 536969 536999 537035 537091 537194 537192 537089 537035 536996 536965 536941 536908 536890 536877 536826 Width: 5 m Area: 0.58 Acres 64W Range 64W Range 64W Range 64W Range 64W Range 64W Range 64W Range 64W Range 64W Range 64W Range 64W Range 64W Range 64W Range 64W Range 64W Range 64W Range 64W Range 64W Range 64W Range 64W Range Y UTM 4473527 4473504 4473468 4473438 4473397 4473368 4473341 4473332 4473328 4473279 4473274 4473324 4473327 4473337 4473365 4473394 4473435 4473467 4473501 4473523 008 008 008 008 008 009 009 009 009 009 009 009 009 009 009 008 008 008 008 008 Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section SE SE SE SE SE SW SW SW SW SW SW SW SW SW SW SE SE SE SE SE N E N E N E N E N E SW SW SW SW SW SW SW SW SW SW N E N E N E N E N E 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 SE SE SE SE SE N W N W N W N W N E N E N W N W N W N W SE SE SE SE SE 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 Cut me as r ..-y Alden 1 ATKINS 5N 64W S008 5N 64W S009 Plumb Ditch 5N 64W S017 ■ ""'` 5N 64W S016 Scale 1:6,000 0.1 0 Miles 0.1 I 410 0 Feet 410 1/4 0 Kilometers 1/4 Plumb Ditch Site USGS 7.5' Topographic Quadrangle Map Weld County, Colorado Service Layer Credits: Copyright:© 2013 National Geographic Society, i- cubed Esri, HERE. DeLorme, Mapmylndia, © OpenStreetMap contributors, and the GIS user community PHOTOGRAPHS SITE Client Weld Name: County Project: Weld County Road 53/CR58A Bridge Replacement Project Project 100053699 No.: Photo P3132904-1 No.: Date: 3/13/2017 ,. n. Site Number: 5WL.5217.6 (culvert). Description: running west. standing silt area and Photo since northwest on grasses Note 2013 Overview taken top heavy that of floods. from 5WL. and of looking ditch road 3001 filled of in amounts have PHOTOGRAPHS SITE Client Weld Name: County Project: Weld County Road 53/CR58A Bridge Replacement Project Project 100053699 No.: Photo P3132905-1 No.: Date: 3/13/2017 x , r Y s ' w. � , �,� a �� 9 &toe) --Air.,. sw . �� • { ,. tk'. r'q Jv•,y `.O,qP ...gtd�ygf.'." Site Number: 5WL.5217.6 Description: northwest. grown filled area in with returned the silt will Note Ditch ditch during be to grasses cleared running since the 2013 ditch that it and was floods. in have This water 2017. P G RA P S S I 0 0 client • 1 Name: County • Weld - County Road 8' Bridge 1Project) • - No.: 1 1 1 Photo P3132906-1 No.: Date: SiteNumber: D' 1 wingwall I 53. • on of west sideof • S I P 0 0 G RA P S client • 1 Name-. County Project: Weld County Road 53/CR58A Bridge 1ProjectI Project I' No.: 1 1 1 Photo P1060631 No.: Date: a t . .4 , • • Site Number-. 1' of Note with floods. that dirt • the and ditch grasses on east ' southeast. is filled from 1 in ' Tribal Consultation The following letter was sent to six federally -recognized tribes: Comanche Nation; Northern Arapaho Tribe; Cheyenne and Arapaho Tribes, Oklahoma; Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation; Apache Tribe of Oklahoma, and the Fort Belknap Indian Community of the Fort Belknap Reservation of Montana. The Cheyenne and Arapaho Tribes and the Comanche Nation both responded with "No Properties". The other four tribes did not respond to the consultation request. To avoid duplication, Attachment A is not included as it contained Figure 1 and photographs included in correspondence with the State Historic Preservation Officer (also included in this Appendix). PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US .CO. WELD.CO. U S PHONE: (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 May 10, 2017 Bob Komardley Chairman Apache Tribe of Oklahoma PO Box 1330 Anadarko, OK 73005 Subject: HUD -Assisted Flood Recovery Activities, County Match FHWA Project - Site 5 53/58A, Weld County, CO, Request for Tribal Comments Regarding Concerns of Traditional, Religious, or Cultural Importance Dear Mr. Komardley: Weld County has been awarded a grant from the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant -Disaster Recovery (CDBG-DR) Program to undertake a road construction and bridge replacement project in Weld County, Colorado. The project is a Federal Highway Administration (FHWA) project and the CDBG-DR funds would be used as a County match for FHWA funds. The project is located approximately 1.2 miles north of Kersey; the south terminus is located 600 feet north of WCR58A intersection, and the north terminus is 700 feet north of WCR 388. Extreme rain amounts in September 2013 caused significant damage to roads and floodwaters washed out roadways, damaged scour protection at bridge abutments, and damaged sections of roadway shoulder. The scope of services would include the work items necessary to complete the design and construction of Weld County Road 53 from just North of WCR 58A to just North of WCR 388. This work will include roadway design along a new alignment, intersection improvements to WCR 388, a new bridge over the South Platte River and new access intersections, as well as the construction of the said improvements. The new roadway and bridge would meet current design standards to convey the full 100 -year peak flow and reduce potential flooding impacts on surrounding communities. The proposed new vertical alignment consists of raising the roadway profile approximately 5-7 feet to convey the full 100 -year peak flow. The proposed new horizontal alignment through the bridge consists of shifting the current roadway alignment 40 feet to the west. The project Area of Potential Effect (APE) includes approximately 0.6 mile of roadway and 3.62 acres in the floodplain of the South Platte River in Section 9 in Township 5 North, Range 64 West of the 6th Principal Meridian, in Weld County, CO (Figure 1, Attachment A). Photos of the site are provided in Attachment A. A Class III cultural resources survey was conducted for this project and identified a total of three previously recorded resources and three newly identified resources within the APE. The previously recorded resources include the Jurgens Site (5WL.53), a culvert (5WL.3001), and Bridge Cµ18 -CS (5WL.2994). 5WL.53 was discovered in 1965; a geologic survey found one of the most significant Paleo--Indian sites in Colorado. The site contains a large number of artifacts dating back to 7,000 to 7,500 BCE, and was listed on the National Register of Historic Places (NRHP) in 1990. The site retains sufficient significance and integrity to remain eligible for the NRHP. It is not located within the immediate project area or the right-of-way. 5WL.3001 is part of the Plumb Ditch system and carries water under WCR 53 and was recommended as field -not eligible. 5WL.2994 was constructed in the late 1950s and is utilitarian structure with few distinguishing characteristics and was recommended as field -not eligible. The survey evaluated three newly identified resources: a Historic Farm (5AM.8107), Plumb Ditch Segment (5WL.5217.6), and WCR 53 (5WL.8109.1). Of the three, only 5WL.5217.6 is recommended as eligible for the NRHP. C:\Users\choff-marlAppl)ata\Local\tvi urosoftWindows\Temporary (utefnet Flies\Content.Outlook140Z1311MCF\WetdCo-trthal-Apache- Komardley-050217 docx Page I of 2 In accordance with 36 C.F.R. Part 800, "Protection of Historic Properties", regulations that implement Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470f), Weld County is contacting you to determine if your tribe may attach traditional, religious or cultural importance to any historic resources affected by the proposed project/activity. The goal of consultation under Section 106 is to allow your tribe the opportunity to help identify historic properties potentially affected by this HUD -assisted project; assess the effects of the project on any historic resources; and consider ways to avoid, minimize or mitigate any adverse effects. Based on the information we have to date, we do not believe these projects/activities will affect cultural or historic resources. The pedestrian survey conducted for this project found no evidence of the site on the surface. The engineering work for this project has sought to avoid the Jurgens Site (SWL.53) and any potential encroachment or impact. The work that would take place near this site would stay within the existing right-of-way and would not cause direct or indirect effects to the resource. However, we would appreciate hearing from you regarding any known archaeological, historical, or cultural resources you are aware of at the proposed project/activity sites or their immediately surrounding areas. We are also consulting with the Colorado State Historic Preservation Officer. Please also note that we will require all partners to halt work and contact any potentially affected federally - recognized Tribes, the State Historic Preservation Officer, and the Advisory Council on Historic Preservation within forty-eight (48) hours of discovery (pursuant to the protocol established at 36 C.F.R. Part 800, Section 800.13(b)(3)) should human remains or any other cultural materials be discovered during the construction period for this project. We respectfully request any comments you may have on this project be forwarded to us within thirty (30) calendar days of receipt of this letter. Please be as specific as you can with any comments or information to assist us with our decision -making. Thank you in advance for your assistance with this endeavor. If you have any questions or need any additional information please contact Ms. Tonya Bartels at: AGEISS Inc. Attn: Tonya Bartels 12477 W. Cedar Drive, Suite 103 Lakewood, CO 80228 303-388-6114 or tonyab@ageiss-inc.com Sincerely, thertsesner Steve Moreno Weld County BOCC Chair Pro-Tem Enclosure: Attachment A - Supporting Documentation cc: Crystal Andrews / Colorado Department of Local Affairs (w/ enclosure) Clay Kimmi / Weld County (w/ enclosure) Project File (w/ enclosure) C:\Users\choffman\AppData\Local\Microsoft\Windowsvi'emporary Internet F iles\Content.Outlook\40ZBHMC1~\WeldCo-tribal-Apache- Komardley-050217 docx Page 2 of 2 oto / 7-e COMANCHE NATION Weld County Public Works Dept. ATT: Steve Moreno/ Tonya Bartels 1111 H Street Greeley, CO 80632 May 19, 2017 RE: HUD -Assisted Flood Recovery Activities, County Match FHWA Project — Site 5 53/58A, Weld County, Colorado Dear Mr. Moreno, In response to your request, the above reference project has been reviewed by staff of this office to identify areas that may potentially contain prehistoric or historic archeological materials. The location of your project has been cross referenced with the Comanche Nation site files, where an indication of "No Properties" have been identified. (IAW 36 CFR 800.4(d)(1)). This review is performed in order to identify and preserve the Comanche Nation and State cultural heritage, in conjunction with the State Historic Preservation Office. Please contact the Comanche Nation Tribal Historical Preservation Office at (580) 595-9618, if you require additional information on this project. Best Regards, StagzArk Comanche Nation Historic Preservation Office Martina Callahan, Tribal Historic Preservation Officer #6 SW "D" Avenue, Suite C Lawton, OK. 73501 martinac@comanchnation.com (580) 595-9618/Fax (580) 595-9733 'To preserve historic and sacred landmarks of the Comanche Nation COMANCHE NATION P.O. BOX 908 / LAWTON, OK 73502 PHONE: 580-492-4988 TOLL FREE:1-877-492-4988 e 04N E bi ARAP4� L� TRIBES O TRIBAL HISTORIC PRESERVATION OFFICE May 19, 2017 Steve Moreno Weld County PO Box 758 Greeley, Colorado 80632 **** et-,-,t.at**** {IhIEIW la 1111H `'4.t4q'-y' !.I II,III hFlII!Ii I * tor tti. P.O. BOX 167 CONCHO, OKLAHOMA 73022 1800-247-4612 Toll Free 405-422-7484 Telephone RECEIVED MAY 3 0 2011 WELD COUNTY COMMISSIONERS RE: HUD -Assisted Flood Recovery Activities, County Match FHWA Project — Site 5 53/58A, Weld Count Request for Tribal comments regarding concerns of Traditional, Religious, or Cultural Y� CO,, q Importance Dear Consultant: On behalf of the Cheyenne and Arapaho Tribes, thank you for the notice of the referenced project. I have reviewed your Consultation request under section 106 of the National Historic Preservation Act regarding the project proposal and commented as follows: At this time, it is determined to be categorized as No Properties; however, if at any time during the project implementation inadvertent discoveries are made that reflect evidence of human remains, ceremonial or cultural objects, historical sites such as stone rings, burial mounds, village or battlefield artifacts, please cease work in area of discovery and notify the THPO Office within 72 hours. In addition, if inadvertent discoveries are made; pursuant to Title 36 Code of Federal Regulation Part 800.13, as amended; you will also be required to make arrangements for a professional archaeologist to visit the site of discovery and assess the potential significance of any artifacts or features that were unearth. If needed, we will contact the Tribes NAGPRA representatives. Please contact me at (405) 422-7484 or vricheyga c-a-tribes.org, if you have any questions or concerns. Alternate contact is Micah Demery; she can be reached directly at (405) 422-7416 or mdemery@c-a-tribes.org. Thank you again for your notification! Best Regards, (iu,, me, P4y(,,A2r Virginia Richey Tribal Historic Preservation Office/THPO Officer 32)(\ntinti(Th co‘. -k- ions ccPwCCK) Cols( S(/c7 �0n—f5Fs9 ATTACHMENT C 8 -Step Process Documentation EXHIBIT IV -C.4 HUD 8 STEP PROCESS Decision Making Process Under 24 CFR 55.20 And Executive Order 11988 Project Name: County Match FHWA Project — Site 5 53/58A Project/Contract #: DR3-WLD-01 Grantee/Jurisdiction/Agency: Weld County Preparer's Name: Tonya Bartels Preparer's Phone Number: 303-388-6114 STEP 1. Determine if the proposed action/project is located in a 100 -year floodplain/wetland. Attach the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) and complete the following: Map Panel and Date of Map Panel: FIRM Panel 08123C1565E (effective 1/20/2016) Flood Zone for Proposed Project Site: The proposed project is located in the following zones: 100 -year flood zone Wetlands: A riverine wetland associated with the South Platte River, freshwater emergent wetlands, and freshwater forested/shrub wetlands are located within the proposed project area. Executive Order 11988 requires the project sponsor to evaluate all available options prior to deciding to put federally funded assets into an at -risk flood zone. If the proposed project is located in a regulated floodplain area, provide the necessary documentation which shows that development in a floodplain is the only viable option. Executive Order 11990 requires projects avoid the adverse impacts associated with the destruction and modification of wetlands and to avoid direct or indirect support of new construction in wetlands wherever there is a practicable alternative. STEP 2. Involve the public in the decision -making process. Publish the Early Public Notice The Early Public Notice is a notice of the proposal to consider an action in a floodplain. The notice must be published in a newspaper of widest circulation. A required minimum 15 -day comment period begins the day after publication. Indicate if any comments were received. If the Responsible Entity (RE) receives any written comments, the RE must respond in writing, resolve any issues, and attach copies. Attach a copy of the notice and affidavit of publication to this form. Name of Newspaper: Greeley Tribune Date of Publication: September 11, 2017 Were any comments received in writing? ❑ Yes /1 No (If Yes, attach all correspondence.) HUD ERR Guide #11 and 12 Page 1 of 4 Revised 01/14 EXHIBIT IV -C.4 STEP 3. Evaluate alternatives to locating the proposed action in a floodplain/wetland. Explain in detail each of the following to determine if the floodplain/wetland can be avoided: a. Identify and explain if alternative sites suitable for the project exist outside the floodplain/wetland: The Proposed Action is to provide federal funding to complete the design and construction of Weld County Road (WCR) 53 from just north of WCR 58A to just north of WCR 388. This work will include roadway design along a new alignment, intersection improvements to WCR 388, a new bridge over the South Platte River and new access intersections, as well as the construction of the said improvements. The project includes a new roadway alignment and profile that would meet current design standards, a new bridge with a larger hydraulic opening that would convey the full 100 -year peak flow, (to improve the hydraulic function and reduce flooding impacts on the surrounding communities), and a new roadway and bridge to accommodate a section that meets current design standards. There is no alternative site for the proposed project that exists outside of the floodplain/wetland. Under the No Action Alternative, the proposed project activities would not occur and this area would remain unstable and at risk of flooding in future storm events. b. Identify and explain if feasible alternative actions/methods may be used to fulfill the identical project objective: There are no feasible alternative actions/methods to fulfill the project objectives to achieve resiliency from severe storms and to minimize risk to the general public, roadways, and infrastructure. c. Identify and explain if threats to lives and property and/or adverse impacts to the floodplain outweigh the benefits of the proposed project: Threats to lives and property do not outweigh the benefits of the proposed project. Without this project, threats to lives and infrastructure would continue from hazards due to flood, erosion, and subsidence. Future flooding would pose risks of roadway washouts, damaged bridge abutments, and damaged sections of roadway. The new bridge with a larger hydraulic opening would convey the full 100 -year peak flow to improve the hydraulic function and reduce flooding impacts on the surrounding communities. HUD ERR Guide #11 and 12 Page 2 of 4 Revised 01/14 EXHIBIT IV -C.4 STEP 4. Identify indirect and direct impacts associated with occupying or modifying the floodplain/wetland. If the RE determines the practicable alternative for the project/action is occupying or modifying the floodplain/wetland, then impacts to lives and properties and impacts to floodplains/wetlands must be identified. If the RE determines an alternative site for the project exists out of the floodplain/wetland, project activities may still have an impact on the nearby floodplain/wetland and must also be identified to determine ways to minimize harm. Explain in detail how the project/activity will affect the floodplain/wetland regarding the following types of impacts: a. Positive or beneficial impacts to the floodplain/wetland, both direct and indirect, short-term and long-term: The proposed project would provide resiliency to this area during future flood events. The project includes a new roadway alignment and profile that would meet Weld County current design standards, a new bridge with a larger hydraulic opening that would convey the full 100 -year peak flow with 4 feet of freeboard to improve the hydraulic function and reduce flooding impacts on the surrounding communities. The project would help maintain the natural and beneficial floodplain/wetland values by preventing debris and sediments that wash into the area during large rain events from continuing to impact the watershed. After construction, all disturbed areas would be reseeded and replanted, which would restore the natural beneficial floodplain/wetland values. b. Negative or harmful impacts to the floodplain/wetland, both direct and indirect, short-term and long-term: No long-term impacts would occur to the floodplain. The project area includes 0.93 acre of wetlands and 2.33 acres of other waters of the U.S. that may be subject to regulatory oversight by the U.S. Army Corps of Engineers (USACE) under the provisions of Section 404 of the Clean Water Act (CWA). During development of the project design, direct impacts to wetlands and other waters of the U.S. would be avoided and/or minimized to the greatest extent practicable, per the requirements of Section 404 of the CWA. Impacts to jurisdictional waters of the U.S. greater than 0.1 acre but less than 0.5 acre that cannot be avoided may be permitted by the USACE under Nationwide Permit 14 for linear transportation projects. This permit also authorizes temporary structures, fills, and work necessary to construct the transportation project, as long as appropriate measures are taken to maintain downstream flows and minimize flooding. The Omaha District of the USACE would make the permit authorization, and should be consulted prior to any construction activity. c. Explain if the project encourages development in the floodplain/wetland: This project would not encourage development in the floodplain. The project consists of rebuilding an existing road and bridge damaged by the September 2013 floods to current design standards. STEP 5. Identify mitigation measures to minimize impacts to and preserve benefits of the floodplain/wetland. a. Explain how actions will be designed and/or modified to minimize harm to, or within, the floodplain/wetland: Weld County would comply with the terms and conditions of any permits that are issued, including CWA Section 404 permits and Section 401 water quality certifications. Mitigation and conservation measures would be implemented to minimize impacts to the floodplain, wetlands, vegetation, and adjoining riparian areas. In general, these involve avoiding impacts to riparian and adjacent habitats as much as possible and restoring all disturbed areas with native shrubs, trees, and grasses. Best management practices (BMPs) would be followed to limit soil compaction, erosion, and sedimentation, and to prevent the spread of invasive weed species. Disturbed areas would be revegetated. b. Explain how actions will be designed and/or modified to restore and/or preserve as much of the natural and beneficial floodplain/wetland values as possible: In the long term, the project would restore the natural and beneficial floodplain/wetland values by preventing debris and sediments that wash into the area during large rain events from continuing to impact the watershed. After construction, all disturbed areas would be reseeded and replanted, which would restore the natural beneficial floodplain/wetland values. HUD ERR Guide #11 and 12 Page 3 of 4 Revised 01/14 EXHIBIT IV -C.4 STEP 6. Re-evaluate alternatives identified in Step 3 above. Take into account all identified impacts and mitigation measures. a. Explain whether it is possible to modify or relocate the project activity and why: It is not feasible to relocate the project outside of the floodplain/wetland, since the existing roadway and bridge travel over the South Platte River and through the floodplain. b. If there are no alternatives, explain why the project/activity should occur. Consider impacts determined in Step 4 and minimization efforts identified in Step 5. Implementation of the proposed project would result in increased resiliency to future disasters and the reduction of hazards to nearby communities and infrastructure. In September 2013, heavy rains caused flood waters to exceed the banks of the South Platte River's channel and overtop WCR 53, resulting in scour damage to the roadway, bridge main piers, abutments, and wingwalls. This recovery project would provide permanent repairs and provide a new roadway alignment and profile that would meet current design standards and a new bridge with a larger hydraulic opening that would convey the full 100 -year peak flow to benefit the surrounding communities. STEP 7. If re-evaluation results in no practicable alternative to relocate the project out of the floodplain/wetland, the decision must be made public. Publish the Notice of Explanation The notice must be published in a newspaper of widest circulation. A required minimum 7 -day comment period begins the day after publication. Indicate if any comments were received. If the RE receives any written comments, the RE must respond in writing, resolve any issues, and attach copies. Attach a copy of the notice and affidavit of publication to this form. Name of Newspaper: Greeley Tribune Date of Publication: date Were any comments received in writing? ❑ Yes ❑ No (If Yes, attach all correspondence.) STEP 8. Implement the Project with the appropriate mitigation. Project implementation can only proceed provided compliance has been demonstrated with respect to all of the prior steps and provided the project has been approved by the State in accordance with HUD regulation 24 CFR 58. The RE has a continuing responsibility to ensure that the measures identified in Step 7 are implemented. mitigating Mitigation be incorporated, as appropriate, in project contracts and all related agreement documents. measures must Additional Attachments: Information/Explanations: Attachment A — Floodplain and Wetland Maps Attachment B Affidavits of Publication — HUD ERR Guide #11 and 12 Page 4 of 4 Revised 01/14 ATTACHMENT A Floodplain and Wetlands Maps a CD i ea 0 0 U - III op D C 4 a v ken Cf G tev;ew/etivr eview. htn i ht t p s ,'/cola adodemography.github.io/envt 4 4 ATTACHMENT B Affidavits of Publication Affidavit of Publication EARLY NOTICE OF A POTENTIAL IMPACT TO A FLOOD HAZARD AREA AND WETLAND Weld County i%;cicie xx CDRunder Title I of the Houai g and community velo�pment Act. o Welt as amended or Title it of the CcanstonsGa fez watlo !I.M - able Horsing Act and Federal Emergency managemint (FEMA) Pic Assistance funds under the authorihr.of thel ert T. Stafford Disaster Relief and Errs Assistance U.S.C. §§ 5121.5206, to undertake a ro County Match FHWA Project " She 6 The titieSikelek monis-e this 'action are to eta thedeelan and - conets o�tt of a My Road .WCA) 5.3 from• math of WCR 58 to north 11 ilCR ThW work would Induct* roadway designalong a new 8i �1 improves menta to 388;, a new bddds.: � Flyer .as and.new acCesS.� - -rffnitOinitiOcOOn of - ....aln... the Mtemeh _.would F RantArea (SFKA); Flats Me ! would Pl a:River. rte„}. ._ ..e otivarggeot fotesteclistflub Slim& The of thti notice are to: 1 in. , the public of this dal consequence; and 2) estoorti concerning: proposed on the SF - a) tint adverse impacts of the p opo project HA:a! wetland, and alternative sites or courses of action that might avoid or re- duce these impacts. Details the prroMpyossedi►action Woks, are available for exami- 1iiY1J. . w• r� Sd C linty Public�1fo ks,1111 H Sit,, a y C'0 1, weekdays between 8:00 a.m. and 6:00 p.m. • gyp, or any may comments nn � the ' . p t to Clay Kimmi, 75$ Greeley, Weld � County Pu Works, 1111 H St. PO Box , reeley,�� be 806324758 or ck O �ov *come Ail comments must be received no later then Sop t�nr�er 27i 2017, Julie Cozad Weld County Commissioner Chair Greeley Tribune Sept. 11 (one time) The Tribune September 11, 2017 STATE OF COLORADO County of Weld, I Kelly Ash of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, SS. that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Eleventh day of September A.D. 2017 and the last publication thereof: in the issue of said newspaper bearing the date of the Eleventh day of September A.D. 2017 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. September 11, 2017 Total Charges: $14.86 11th day of Se • tember .017 My Commission Expires 2/14/2019 JERILYN , .. NOTARY PtJRLt STATE OF COLORADO NOTARY U) 20c 40(.6 708 MY COMMISSION EXP;PtiS FEBRUARY 14 2.019 ATTACHMENT D USFWS Consultation IN REPLY REFER TO: TAILS: 06E24000 -2017-I-1113 United States Department of the Interior FISH AND WILDLIFE SERVICE COLORADO FIELD OFFICE/LAKEWOOD P.O. BOX 25486, DENVER FEDERAL CENTER DENVER, COLORADO 80225-0486 August 14, 2017 Jim Eussen Colorado Department of Transportation Region 4 Planning and Environmental 10601 West 10th Street Greeley, Colorado 80634 Dear Mr. Eussen: U.S. FISH & WILDLIFE SERVICE On July 24, 2017, the U.S. Fish and Wildlife Service (Service) received your report regarding constructing a new alignment and intersection improvements to WCR388, a new bridge over the South Platte River, and new access intersections in Weld County, Colorado. The project may affect the threatened Preble's meadow jumping mouse (Zapus hudsonius preblei), Ute ladies' - tresses orchid (Spiranthes diluvialis), and Colorado butterfly plant (Oenothera coloradensis). The project will be constructed by the Colorado Department of Transportation with funding from the Federal Highway Administration. No critical habitat has been designated in the project area; therefore, none will be affected. Our review was performed consistent with our authority under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.). The proposed project will affect approximately 0.6 mile of roadway along a new alignment. The project will cross a regional and a local irrigation ditch, as well as the South Platte River floodplain. The new bridge over the South Platte River will have a larger hydraulic opening that will convey the full 100 -year flow with four feet of freeboard to reduce flooding impacts on the surrounding communities. Vegetation communities in the area include grasslands, riparian willow, riparian willow/cottonwood, mixed forest, and herbaceous wetlands. The grassland communities contain a combination of native and introduced species such as crested wheatgrass, smooth brome, western wheatgrass, blue grama, prairie cordgrass, and intermediate wheatgrass. Small patches of weeds such as curly dock, common sunflower, and Russian thistle occur within the grasslands. Riparian willow communities are dominated by sandbar willow with an understory of reed canarygrass and occur primarily along sandbars of the South Platte. The riparian cottonwood community is located along the large floodplains that extend from either side of the river and are dominated by plains cottonwood with an understory of smooth brome, western wheatgrass, intermediate wheatgrass, prairie cordgrass, and reed canarygrass. Curly dock and common sunflower also occur. Herbaceous wetlands are associated with drainages and small ponds and are commonly vegetated with cattail, reed canarygrass, sandbar willow, curly dock, prairie cordgrass, and alkali grass. Arrowgrass, bulrush, and rabbit's foot also occur. Jim Eussen, WCR53/WCR58A reconstruction, PMJM, ULTO, CBP concur Page 2 The Preble's meadow jumping mouse occurs in dense riparian habitats with adjacent undisturbed uplands and a nearby water source. The project site is located on the South Platte River approximately 2.25 miles downstream of its confluence with the Cache la Poudre River, and the nearest capture of the Preble's mouse is approximately 15 miles upstream along the South Platte. The species has not been captured along the Poudre below Bellvue, approximately 40 miles upstream of the project site. Because habitat at the site is degraded by the presence of reed canarygrass and cattails and because the species has not been captured in the project vicinity despite efforts, impacts from the project to the Preble's mouse are expected to be discountable. Habitat for the Ute ladies' -tresses orchid occurs below 6,500 feet in elevation and consists of wet meadows associated with perennial stream terraces, floodplains, and oxbows. The Colorado butterfly plant also occupies alluvial soils within floodplains or drainage bottoms, but at elevations between 5,000 and 6,400 feet. There are no records of occurrence in the project area for either of these species. Due to the lack of habitat and detections, impacts to the Ute ladies' - tresses orchid and Colorado butterfly plant are likely discountable and insignificant. Given your habitat and project descriptions, the Service finds the report acceptable and concurs with the determination that the impacts resulting from the proposed project are not likely to adversely affect the Preble's meadow jumping mouse, the Ute ladies' -tresses orchid, or the Colorado butterfly plant. No critical habitat has been designated in the project area; therefore, none will be affected. Please note that reinitiation of consultation will be required if: 1. New information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not considered in this consultation; 2. The action is subsequently modified in a manner that causes an adverse effect to the listed species or critical habitat that was not considered in this consultation; or 3. A new species is listed or critical habitat designated that may be affected by the action. If the proposed project has not commenced within one year, please contact the Colorado Field Office to request an extension. We appreciate your submitting this report to our office for review and comment. If the Service can be of further assistance, please contact Alison Deans Michael of my staff at (303) 236-4758. Sincerely, Drue L. DeBerry Colorado and Nebraska Field Offices Supervisor ec: Michael Ref Alison\H:\My Documents\CDOT 2007+\Region 4\WCR53_20480\WCR53-WCR58A_reconstruction_PMJM_ULTO_CPB_concur.docx COLORADO Department of Transportation Region 4 Planning and Environmental 10601 West 10th Street Greeley, CO 80634 Mr. Drue DeBerry USFWS Colorado Ecological Services Field Office Denver Federal Center (65412) P.O. Box 25486 Denver, CO 80225-0486 Attention: Ms. Alison Michael July 20, 2017 Subject: Weld County Road (WCR) 53/WCR 58A bridge replacement project: Request for Informal Consultation under Section 7 of the Endangered Species Act; Project number ER C030-067 and Subaccount number: 20480 Dear Mr. DeBerry: This letter presents the results of a biological resources evaluation prepared by Atkins North America, Inc. (Atkins), on behalf of Weld County, Colorado, for the WCR 53/WCR 58A bridge replacement project (project). We are requesting informal consultation for the proposed project under Section 7 of the Endangered Species Act. The project will be funded by Federal Highway Administration and State funds. A form 128 Categorical Exclusion is being prepared by Colorado Department of Transportation (CDOT) Region 4 for the project. Project Location The project is located approximately 1.2 miles north of Kersey, in Weld County, Colorado, in Section 9, Township 5 North, Range 64 West, of the 6th Principal Meridian on the United States Geological Survey (USGS) Kersey, Colorado 7.5 -Minute Quadrangle topographic map (see Figure 1, below). The geographical location of the project is centered at decimal degree coordinates latitude 40.412131 degrees (°) North and longitude -104.563389° West. Project Description This project, which is approximately 0.6 mile of roadway, will include roadway design along a new alignment, intersection improvements to WCR 388, a new bridge over the South Platte River, and new access intersections. The project will cross a regional and a local irrigation ditch, as well as the South Platte River floodplain. The project includes a new roadway alignment and profile that will meet Weld County current design standards and a new bridge with a larger hydraulic opening that will convey the full 100 -year peak flow with four feet of freeboard (to improve the hydraulic function and reduce flooding impacts on the surrounding communities). Own BY HO FIGURE Ckd By' MG Date 5/4)2017 Project No.' 140053391 S.\TrnnWui' .0005?S99 WCR x3 10E; Drs+wnlEcwKunmentaPNnturs[f%souron►VGISPrauct lw.Mwn ilap.nacd July 20, 2017 Page 3 of 6 Habitat/Vegetation Communities Vegetation communities observed during the field visit included grasslands, riparian willow, riparian willow/cottonwood, mixed forest, and herbaceous wetlands. Grasslands located in the study area include a mixture of crested wheatgrass (Agropyron cristatum), western wheatgrass (Pascopyrum smithii), smooth brome (bromus inermis), blue grama (Bouteloua gracilis), prairie chordgrass (Spartina pectinata), and intermediate wheatgrass (Thinopyrum intermedium). Small patches of curly dock (Rumex crispus), common sunflower (Helianthus annuus), and Russian thistle (So/solo tragus) also occur in grasslands in more disturbed areas, such as roadsides. The riparian willow community is located primarily along sandbars of the South Platte River. This community type is dominated by sandbar willow (Salix exigua) with an understory of reed canary grass (Pha/aris arundinacea) and curly dock. The riparian cottonwood community is located along the large floodplains that extend from either side of the South Platte River. Plains cottonwood (Populus deltoides) is the dominant tree species, with an understory of grasses, including smooth brome, western wheatgrass, intermediate wheatgrass, prairie chordgrass, and reed canary grass. Curly dock and common sunflower grow in small patches interspersed throughout this vegetation community. Herbaceous wetlands are associated with drainages and small ponds located throughout the study area. Common species included narrowleaf cattail (Typha angustifolia), reed canary grass, sandbar willow, curly dock, prairie cordgrass, and weeping alkali grass (Puccineiia distans). Some wetlands had small proportions of seaside arrowgrass (Triglochin maritima), softstem bulrush (Schoenoplectus tabernaemontani), and rabbits foot (Polypogon spp.). In areas with open water, common duckweed (Lemna minor) and American speedwell (Veronica americana) were growing on the surface. USFWS Listed Species Atkins received an official list of threatened, endangered, proposed, and candidate species as well as critical habitat that may occur within the boundary of the study area from the USFWS on April 5, 2017. No critical habitat occurs in the project area. The federally listed species with potential to occur in the project area include the following: • Colorado Butterfly Plant (Gaura neomexicana var. coloradensis) • Western Prairie Fringed Orchid (Platanthera praeclara) • Ute Ladies' -Tresses (Spiranthes diluvialis) • Pallid Sturgeon (Scaphirhynchus albus) • Piping Plover (Charadrius melodus) • Whooping Crane (Grus Americana) • Least Tern (Sterna antillarum) • Mexican Spotted Owl (Strix occidentalis lucida) • Preble's Meadow Jumping Mouse (Zapus hudsonius preblei) July 20, 2017 Page 4 of 6 Desktop data were reviewed to determine whether there are any known occurrences of federal -listed species in the study area, including Natural Diversity Information Source shape file data, Colorado Natural Heritage Program L4 Elements, and USFWS Critical Habitat. Based on data reviewed, no mapped occurrences of any federal -listed species occur within the study area. Atkins evaluated the project study area during a site visit on March 22 and March 23, 2017, and April 7, 2017 for potential habitat to support federally -listed species. The evaluation determined that five species could be indirectly impacted by the project as a result of water depletions from the South Platte River. The evaluation also determined that potential habitat exists within the study area for Ute ladies' - tresses, Colorado butterfly plant, and Preble's meadow jumping mouse. These species are discussed in more detail in the following paragraphs. Platte River Species Five species are listed because they occur downstream of the study area along the Platte River and could be impacted by projects that would result in water depletions to its tributary, the South Platte River. These include the interior least tern (Sterna antillarum), pallid sturgeon (Scaphirhynchus albus), piping plover (Charadrius melodus), whooping crane (Grus americana) and western prairie fringed orchid (Platanthera praeclara). This project has elements that could cause a depletion to the South Platte River basin. In order to address the effects this depletion will have on federally -listed species downstream that depend on the river for their survival, CDOT, as a state agency, is participating in the South Platte Water Related Activities Program (SPWRAP). CDOT is cooperating with the Federal Highway Administration (FHWA) which provides a federal nexus for the project. In response to the need for formal consultation for the water used from the South Platte basin, FHWA has prepared a Programmatic Biological Assessment (PBA) that will estimate total water usage from 2012 until 2019. The PBA addresses the five species noted above. The water used for this project will be reported to the USFWS at the year's end after the completion of the project as per the aforementioned consultation. Effects to species not addressed in the PBA or affected by causes other than water depletions to the South Platte, have been analyzed separately. Ute Ladies' -Tresses This species is dependent on wetland and riparian communities and occupies moist meadows associated with perennial stream terraces, floodplains, and oxbows at elevations ranging from 4,300 feet to 6,850 feet above sea level. Additional vegetation and hydrology types that may support Ute ladies' -tresses include seasonally flooded river terraces, sub -irrigated or spring -fed abandoned stream channels and valleys, gravel bars, and lake shores. Ute ladies' -tresses are typically found in relatively open habitats lacking dense canopy cover and they require a relatively high water table (within 18 inches of the ground surface). Ute ladies' -tresses typically are found in soils with alluvial deposits and sandy or gravelly material predominating. Potential habitat for Ute ladies' -tresses occurs within the 100 -year flood plain along the South Platte River. Large sand bars predominate in the study area and immediate vicinity due to the 2013 flood. Vegetation growth is somewhat restricted along the South Platte River in the areas with deep sand bars; July 20, 2017 Page 5 of 6 however, vegetation is beginning to establish along small side channels. Sandbar willow riparian communities are dominated by reed canary grass, limiting potential establishment of this species, but there are open pockets within this vegetation community type that could provide potential habitat for Ute ladies' -tresses. Because the study area occurs within the 100 -year flood plain of the South Platte River, and potential habitat is present within the study area, we believe the project "may affect, but is not likely to adversely affect" Ute ladies' -tresses. Colorado Butterfly Plant Habitat for Colorado butterfly plant consists of sub -irrigated, alluvial soils on level or slightly sloping floodplains and drainage bottoms at elevations ranging from 5,000 feet to 6,400 feet. Colonies often are found in low depressions or along bends in wide, active, meandering stream channels a short distance upslope of the actual channel. The Colorado butterfly plant requires early- to mid -succession riparian habitat and typically habitat is open, lacking dense vegetation cover. The species is a regional endemic and is only known to occur in Larimer, Jefferson, and Weld Counties (USFWS, 2015). Potential habitat may occur in the study area along the South Platte River. However much of the area was affected by the 2013 flood, and large sandbars dominate the immediately vicinity of where all construction activities will take place. Currently, vegetation growth is beginning to establish in those areas, but much of the area covered by sandbars lacks vegetation growth. Due to the study area occurring within the 100 -year flood plain of the South Platte River, and marginal potential habitat being present within the study area, we believe the project "may affect, but is not likely to adversely affect" Colorado butterfly plant. Preble's Meadow Jumping Mouse Habitat for Preble's meadow jumping mouse consists of riparian vegetation with adjacent, preferably undisturbed, grassland and nearby water sources. Typically, riparian areas supportive of the Preble's meadow jumping mouse are composed of a mixture of grasses, forbs, and shrubs, with a taller canopy of shrubs and trees. In Colorado, the Preble's meadow jumping mouse lives along creeks, rivers, and other waterbodies in Larimer, Weld, Boulder, Douglas, Jefferson, El Paso, Teller, and Arapahoe Counties (CNHP, 2014). The occupied range of the Preble's meadow jumping mouse (area where species is known) does not occur within the study area (CPW, 2014). The nearest known range is located approximately 13.3 miles southwest of the study area. Potential habitat for Preble's meadow jumping mouse occurs along the riparian areas adjacent to the South Platte River. The sandbar willow habitat and mixture of cottonwood/grassland habitat could provide potential habitat for this species. Because the study area occurs within potentially suitable habitat for Preble's meadow jumping mouse, we believe the project "may affect, but is not likely to adversely affect" Preble's meadow jumping mouse. July 20, 2017 Page 6 of 6 Conclusions Based on a review of available desktop data of occurrences, habitat preferences, and a field visit to the study area on March 22 and March 23, 2017, and again on April 7, 2017, Atkins believes the project "may affect, but is not likely to adversely affect" the following federal listed species: Ute ladies' -tresses, Colorado butterfly plant, and Preble's meadow jumping mouse. Atkins believes the project will have "no effect" on Mexican spotted owl based on lack of suitable habitat within the study area. CDOT would appreciate your review of the project, and, if appropriate, your written concurrence with our 'may affect, but not likely to adversely affect' determination and request for informal consultation under Section 7 of the ESA. Please contact me at 303-551-7980 if you have any questions regarding this consultation request. Jim Eussen Colorado Department of Transportation Region 4 Planning and Environmental Enclosure: Photolog USFWS Official Species List Photo 1. Looking west at representative grassland habitat in the study area. Photo 2. Looking northwest at representative willow riparian habitat in the study area. Photo 3. Looking east at representative cottonwood riparian habitat in the study area. Photo 7. Looking south from the west side of CR 53 towards the South Platte River. 4, Photo 8. :Looking southeast from the east side of CR 53 towards the South Platte River. 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 http://www.fws.gov/platteriver In Reply Refer To: Consultation Code: 06E24000-2017- S LI -072 8 Event Code: 06E24000 -2017-E-01915 Project Name: Weld County Road 53 April 05, 2017 Subject: List of threatened and endangered species that may occur in your proposed project location, and/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. 04/05/2017 Event Code: 06E24000 -2017-E-01915 2 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_guidanc e . 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/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/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 04/05/2017 Event Code: 06E24000 -2017-E-01915 1 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 04/05/2017 Event Code: 06E24000 -2017-E-01915 2 Project Summary Consultation Code: 06E24000-2017-SLI-0728 Event Code: 06E24000 -2017-E-01915 Project Name: Weld County Road 53 Project Type: TRANSPORTATION Project Description: The scope of services will include the work items necessary to complete the design of Weld County Road 53 from just North of WCR 58A to just North of WCR 388. The project is located approximately 1.2 miles north of Kersey, the south termini is located 600 feet north of WCR 58A intersection and the north termini is 700 feet north of WCR 388. The geographical location of the project is centered at decimal degree coordinates latitude 40.412131° and longitude -104.563389°. The project is located in Section 9, Township 5 North, Range 64 West, of the 6th Principal Meridian on the United States Geological Survey (USGS) Kersey, Colorado 7.5 -Minute Quadrangle. This work will include roadway design along a new alignment, intersection improvements to WCR 388, a new bridge over the South Platte River and new access intersections. This project, which is approximately 0.6 miles of roadway, will cross a regional and local irrigation ditch as well as the South Platte River floodplain. The project includes a new roadway alignment and profile that will meet Weld County current design standards, a new bridge with a larger hydraulic opening that will convey the full 100 -year peak flow with four feet of freeboard, (to improve the hydraulic function and reduce flooding impacts on the surrounding communities). The new roadway typical section includes two 12 -foot travel lanes, one north -bound and one southbound, and two 6' shoulders. The bridge typical section includes two 12 -foot lanes, and two 2' shoulders with type 1 OM bridge rails on each side for a total bridge width of 31 feet. The project will require ROW from two properties on the western side of CR 53. Temporary easements for construction purposes will be necessary on both sides of the roadway, see the attached ROW map. The proposed new vertical alignment consists of raising the roadway profile of WCR 53 approximately 5-7 feet to convey the full 100 -year peak flow under the structure and meet current Weld County roadway design criteria. The proposed new horizontal alignment through the bridge consists of shifting the current roadway alignment 40 feet to the west. 04/05/2017 Event Code: 06E24000 -2017-E-01915 3 Project Location: Approximate location of the project can be viewed in Google Maps: https://www.google.com/maps/place/40.41192409636334N 104.56355390819748W } Counties: Weld, CO Endangered Species Act Species There is a total of 9 threatened, endangered, or candidate species on your 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 5 of these species should be considered only under certain conditions. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area. Please contact the designated FWS office if you have questions. Mammals NAME STATUS Preble's Meadow Jumping Mouse (Zapus hudsonius preblei) Threatened There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4090 04/05/2017 Event Code: 06E24000 -2017-E-01915 4 Birds NAME STATUS Least Tern (Sterna antillarum) Population: interior pop. No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/8505 Mexican Spotted Owl (Strix occidentalis lucida) There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8196 Piping Plover (Charadrius melodus) Population: except Great Lakes watershed There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins 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 a final critical habitat designated for this species. Your location is outside the designated critical habitat. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/758 Fishes Endangered Threatened Threatened Endangered NAME STATUS Pallid Sturgeon (Scaphirhynchus albus) No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/7162 Endangered 04/05/2017 Event Code: 06E24000 -2017-E-01915 5 Flowering Plants NAME STATUS Colorado Butterfly Plant (Gaura neomexicana var. coloradensis) There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6110 Ute Ladies' -tresses (Spiranthes diluvialis) No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2159 Western Prairie Fringed Orchid (Platanthera praeclara) No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins 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. Threatened Threatened Threatened 04/05/2017 Event Code 06E24000 -2017-E-01915 1 USFWS National Wildlife Refuges And Fish Hatcheries Any activity proposed on National Wildlife Refuge lands must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. There are no refuges or fish hatcheries within your project area. 04/05/2017 Event Code: 06E24000 -2017-E-01915 1 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden Eagle Protection Act2. Any activity that results in the take of migratory birds or eagles is prohibited unless authorized by the U.S. Fish and Wildlife Services. There are no provisions for allowing the take of migratory birds that are unintentionally killed or injured. Any person or organization who plans or conducts activities that may result in the take of migratory birds is responsible for complying with the appropriate regulations and implementing appropriate conservation measures. 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 migratory birds species listed below are species of particular conservation concern (e.g. Birds of Conservation Concern) that may be potentially affected by activities in this location. It is not a list of every bird species you may find in this location, nor a guarantee that all of the bird species on this list will be found on or near this location. Although it is important to try to avoid and minimize impacts to all birds, special attention should be made to avoid and minimize impacts to birds of priority concern. To view available data on other bird species that may occur in your project area, please visit the AKN Histogram Tools and Other Bird Data Resources. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. NAME Prairie Falcon (Falco mexicanus) https://ecos.fws.gov/ecp/species/4736 Lark Bunting (Calamospiza melanocorys) American Bittern (Botaurus lentiginosus) https://ecos.fws.gov/ecp/species/6582 Dickcissel (Spina americana) Mccown's Longspur (Calcarius mccownii) https://ecos.fws.gov/ecp/species/9292 Red-headed Woodpecker (Melanerpes erythrocephalus) Golden Eagle (Aquila chrysaetos) SEASON(S) On Land: Year-round On Land: Breeding On Land: Breeding On Land: Breeding On Land: Breeding On Land: Breeding On Land: Year-round 04/05/2017 Event Code: 06E24000 -2017-E-01915 2 https://ecos.fws.gov/ecp/species/1680 Bald Eagle (Haliaeetus leucocephalus) https://ecos.fws.gov/ecp/species/ 1626 Black Rosy -finch (Leucosticte atrata) https://ecos.fws.gov/ecp/species/9460 Brewer's Sparrow (Spizella breweri) https://ecos.fws.gov/ecp/species/9291 Burrowing Owl (Athene cunicularia) https://ecos.fws.gov/ecp/species/9737 Ferruginous Hawk (Buteo regalis) https://ecos.fws.gov/ecp/species/6038 Lewis's Woodpecker (Melanerpes lewis) https://ecos.fws.gov/ecp/species/9408 Loggerhead Shrike (Lanius ludovicianus) https://ecos.fws.gov/ecp/species/8833 Long -billed Curlew (Numenius americanus) https://ecos.fws.gov/ecp/species/5511 Mountain Plover (Charadrius montanus) https://ecos.fws.gov/ecp/species/363 8 Sage Thrasher (Oreoscoptes montanus) https://ecos.fws.gov/ecp/species/9433 Short -eared Owl (Asioflammeus) https://ecos.fws.gov/ecp/species/9295 Swainson's Hawk (Buteo swainsoni) https://ecos.fws.gov/ecp/species/ 1098 Virginia's Warbler (Vermivora virginiae) https://ecos.fws.gov/ecp/species/9441 Western Grebe (aechmophorus occidentalis) https://ecos.fws.gov/ecp/species/6743 Willow Flycatcher (Empidonax traillii) https://ecos.fws.gov/ecp/species/3482 On Land: Year-round On Land: Year-round On Land: Breeding On Land: Breeding On Land: Year-round On Land: Breeding On Land: Breeding On Land: Breeding On Land: Breeding On Land: Breeding On Land: Wintering On Land: Breeding On Land: Breeding On Land: Breeding On Land: Breeding 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 04/05/2017 Event Code 06E24000 -2017-E-01915 3 ■ Conservation measures for birds http://wvwv.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation -measures . php ■ Year-round bird occurrence data http://www.birdscanada.orgThirdmon/default/datasummaries.jsp 04/05/2017 Event Code. 06E24000 -2017-E-01915 1 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. FRESHWATER EMERGENT WETLAND ■ PEMF ■ PEMA FRESHWATER FORESTED/SHRUB WETLAND ■ PSSA ■ PSSC FRESHWATER POND ■ PABF RIVERINE ■ R2UBG ■ R2USC Hello