FREEDOM. TO BE YOU.

FINDING OF NO SIGNIFICANT IMPACT

Force Main and Lift Station Project

Weld County, Colorado Rural Development

U.S. Department of Agriculture

City of Fort Lupton

Prepared by:

Andy Gupta, State Engineer Rural Development April 2023

A. INTRODUCTION

The City of Fort Lupton plans to submit a financing request to the U.S. Department of Agriculture, Rural Development to construct the proposed Force Main and Lift Station Project in Weld County, Colorado. USDA RD is considering this financing request. Prior to taking a federal action (i.e., providing financial assistance), USDA RD is required to complete an environmental impact analysis in accordance with the National Environmental Policy Act of 1969 (NEPA) (U.S.C. 4231 et seq.), the Council on Environmental Quality’s (CEQ) regulations for implementing NEPA (40 CFR Parts 1500-1508), and RD’s NEPA implementing regulations, Environmental Policies and Procedures (7 CFR Part 1970). After completing an independent analysis of an environmental report prepared by the City of Fort Lupton and its consultant, USDA RD concurred with its scope and content. In accordance with 7 CFR § 1970.102, USDA RD adopted the report and issued it as the Agency’s Environmental Assessment (EA) for the proposed Project. USDA RD finds that the EA is consistent with federal regulations and meets the standards for an adequate assessment. The City of Fort Lupton published newspaper notices, announcing the availability of the EA for public review, in accordance with 7 CFR § 1970.102. In addition, USDA RD considers the proposed Project an undertaking subject to review under Section 106 of the National Historic Preservation Act (NHPA), 16 USC 470(f), and its implementing regulation, “Protection of Historic Properties” (36 CFR Part 800). The following NEPA documents are related to this proposal:

Environmental Assessment

B. PROJECT DESCRIPTION AND PURPOSE/NEED

The overall purpose of the Project is to construct a force main and lift station to deliver wastewater flows from the City’s current wastewater treatment plant (WWTP) to Metro Water Recovery’s Northern Treatment Plant located at 51 Baseline Road in Brighton, Colorado. The Project will construct a 6.5 mile long, 20-inch diameter pipeline located northeast of Denver in Fort Lupton, Colorado. A lift station will be retrofitted from the existing structures in the current WWTP to deliver the required flows to Metro. Completion of the force main and lift station would allow all wastewater flows to be transferred to Metro for treatment. The Project is situated adjacent to U.S. Highway (US) 85, beginning north of HW 52 and ending north of East 168th avenue in Weld County, Colorado (Project Area) (Attachment A). Construction of the pipeline requires 1,250 feet of horizontal directional drilled (HDD) pipe approximately 40 feet underneath the South Platte River and two trenchless crossings of Weld County Road 8 and Weld County Road 6. Most of the pipeline and lift station in the Project Area will be constructed within the Colorado Department of Transportation (CDOT) Right of Way (ROW) and the existing WWTP. The anticipated area of disturbance, including all trenching, excavation, and equipment staging, encompasses approximately 42.35 acres.USDA RD has reviewed the purpose and need for the Project and determined that the proposal will meet the present and future needs of the City of Fort Lupton.

C. ALTERNATIVES EVALUATED

1. No Action

Under the No Action Alternative, USDA RD would not provide financial assistance to the City of Fort Lupton, and/or the proposed Project would not be constructed. The No Action Alternative would maintain existing condition and would not provide improvements that would allow the Town to meet the permit conditions. The No Action Alternative would result in failure to comply with CDPHE Regulation 85 (Colorado Department of Public Health and Environment) permit as well as effluent limitation and capacity requirements for the expected growth rate.

2. Action Alternative (Preferred Alternative)

Under the Action Alternative, USDA RD would consider financing the proposed Project, and the City of Fort Lupton would construct the Project. The proposed project would involve retrofitting several existing structures at the Fort Lupton WWTP, located at 12285 State Highway (HW) 52 in Fort Lupton, Colorado. The most notable changes to the WWTP site include retrofitting the existing aerobic digester to a wet well, while the existing return activated sludge pump and blower building will house the lift station pumps. The Project also includes a force main that is approximately six and a-half (6.5) miles of pressurized pipeline which will run parallel to HW 85.

3. Other Alternatives

In addition to the No Action Alternative and Action Alternative, the City of Fort Lupton evaluated the following alternatives as described in the Alternatives section of the EA: Upgrading the Existing Wastewater Treatment Plant, Privatizing Wastewater Service, Joining St. Vrain Sanitation District. In addition, the following alternatives were identified but eliminated from further consideration: Upgrading the Existing Wastewater Treatment Plant, Privatizing Wastewater Service, Joining St. Vrain Sanitation District.

D. SUMMARY OF ENVIRONMENTAL EFFECTS

The analyses in the EA documented that the proposed Project would have no adverse effects to Land Use, Floodplains, Wetlands, Cultural Resources, Biological Resources, Bald Eagles And Migratory Birds, Water Resources, Environmental Justice, Air Quality, Noise,Transportation, and Aesthetics. In accordance with the requirements of § 1970.104(b), a summary of anticipated impacts on the human environment is provided below, including any mitigation measures deemed necessary to avoid, minimize, or mitigate impacts. The City of Fort Lupton is responsible for implementing these measures. Lastly, the mapping systems of various federal and state agencies indicate that the planning area does not contain any formally classified lands.

Land Ownership and Land Use:

The location of the facilities would not be incompatible with local land use plans and would not adversely affect inhabited areas due to the majority of the Project occurring within CDOT ROW area, and the lift station being retrofitted from existing structures in the City’s current WWTP. Additionally, the Project would not have adverse impacts on older existing land uses and would not contribute to land use in association with recreation, mining, or other large industrial and energy developments. All disturbances to the existing ground would be restored after construction has completed. A temporary easement has been acquired from Asphalt Specialties, Inc at the County Road 8 intersection to expand the available construction area for the proposed trenchless crossing.

Formally Classified Lands:

The mapping systems of various federal and state agencies indicate that the planning area does not contain any formally classified lands.

Floodplains:

Some aspects of the Project are within the 100-year floodplain (designated as Zone AE) of the South Platte River. A Flood Hazard Development Permit (FHDP) is being submitted for approval by Weld County which requires the approval of a Professional Engineer. A “no-rise” certification will be provided with proof of such conclusion. The basement of the pump building which is to house the proposed lift station containing three pumps will be below the base flood elevation and therefore within the floodplain. Other infrastructure proposed such as the force main pipeline and the access manhole to be located at the Metro Water Recovery Northern Treatment Plant will be within the 100-year floodplain as well. However, since these are buried infrastructure, there will be no change to the floodway or base flood elevation. In total, there exists 14.8 acres of construction area that exists within a regulated floodway or special flood hazard area. Impacts to the existing surface will be monitored and the topography in the area will be returned to preconstruction grade and elevations at the time of completion. The project design includes detailed erosion and sediment control plans as well as a Stormwater Management Plan (SWMP). Construction scheduling will limit work during wet weather.

Wetlands:

As currently designed, no permanent impacts are expected to wetlands and water bodies as the Project construction would not impact the stormwater retention pond and the identified irrigation ditches would only be temporarily impacted and would be restored to pre-construction conditions. The construction footprint was redesigned to avoid the wetland adjacent to the river. This wetland will not be affected by construction. There are several protocols specified in this Project to mitigate for HDD drilling risk. The contractor will be required to develop and submit a Fuel and Hydraulic Fluid Containment and Contingency Spill Plan, which will include means and methods for managing, containing, and cleanup of related spills. Furthermore, contingency plans for several other spill scenarios will be provided including loss of drilling fluid circulation, inadvertent return fluids, and utility strikes. Additionally, all open-cut work has been shifted to avoid the wetlands identified, as well as the need for a Section 404 permit. To further mitigate potential secondary impacts, the boundary of the wetland will be lined with a silt fence and sediment control logs. The project design includes detailed erosion and sediment control plans as well as a SWMP.

Cultural Resources:

The Area of Potential Effect (APE) was originally defined as a 400-ft wide corridor centered on the route as stated in a August 17, 2022 scoping letter to the Colorado State Historic Preservation Office (SHPO). The APE was later changed based on feedback from SHPO to a direct APE, equal to the construction footprint. For the Proposed Action, the City of Fort Lupton, consulted with the Colorado (SHPO) regarding Section 106. A Class III cultural resource inventory of the APE was completed on September 8, 2022. A concurrence letter, agreeing with the findings and recommendations was received February 14, 2023 from SHPO. Subsequent consultation with the associated Tribal Historic Preservation Office’s (THPO) resulted in no comments received, and the Section 106 concluding with the Agency determining a Finding of No Adverse Effects to Historic Properties. Should unidentified archaeological resources be discovered during construction of the projects, work must be interrupted until the resources have been evaluated in terms of NRHP eligibility criteria (36 CFR 60.4) in consultation with SHPO.

Biological Resources: Minimal environmental consequences for general fish, wildlife, and vegetation are anticipated as most of the Project disturbance will be within the CDOT ROW. Vegetation will be temporarily removed in areas where the force main is buried. These areas will be restored with a native seed mixture. A few trees may need to be removed on private property. This will happen either outside of the nesting season or a nest survey will be conducted prior to removal. Impacts to riparian areas will be avoided. Vegetation removal and disturbance will be minimized to the extent practicable, and work will be confined to the limits necessary to complete construction to lessen impacts on wildlife and habitat. Any temporarily disturbed areas would be reclaimed and re-seeded to restore habitat and vegetation. weed control plan will be agreed upon by Weld County and the City. This plan will be implemented during and after construction to mitigate the potential introduction and spread of noxious and invasive weed species, no impacts are anticipated to listed threatened and endangered species.

Bald Eagles and Migratory Birds

No bald eagle nests were observed in the Survey Area during the natural resource surveys; however, the CPW raptor nest database identified two bald eagle nests just outside of the Survey Area. These nests would not be directly impacted by construction of the Project, however during sensitive reproductive periods nesting bald eagles could experience impacts. It is not anticipated bald or golden eagle nests will be disturbed. Should an active bald or golden eagle nest be observed onsite or adjacent to the Project, an appropriately sized buffer would be established around the nest based on the Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors (CPW, 2020). No work shall take place within the established buffer until the nest has fledged or is no longer active. No burrowing owls were observed during the natural resource surveys, but they could inhabit the colony during the nesting season and experience impacts from the Project. If work will take place within nesting season, a burrowing owl survey would be completed before burrows are collapsed within the prairie dog colony. If burrowing owl nests are discovered in the affected environment during construction, coordination with CPW and USFWS would be initiated.

Water Resources:

The Project would not adversely affect the quality and quantity of groundwater or aquifers used as potable drinking water sources. The Project would not affect sole source aquifers as there are none located in the state of Colorado. The South Platte River is located within the Denver Basin aquifer system, which may receive effluent or runoff. However, the quality of wastewater discharge will be of higher quality than previous discharge and mitigation measures will be placed to avoid further impacts to this aquifer. There are no additional cost-effective water conservation measures that could be adopted by Fort Lupton to reduce sewage generation. A Fuel and Hydraulic Fluid Containment and Contingency Spill Plan as well as other contingency plans will be in place to mitigate potential spills or releases during the HDD drilling under the river. Best Management Practices (BMP), such as utilization of silt fences, temporary soil stabilization, and general implementation of grading, erosion, and sediment control plans will be implemented to prevent or minimize water quality impacts during construction. The project design includes detailed erosion and sediment control plans as well as a Stormwater Management Plan (SWMP).

Environmental Justice:

Since the Proposed Action is mostly within the CDOT ROW, it would have no effect on socioeconomics and environmental justice. Communities may benefit from the Proposed Action as the wastewater discharge into the South Platte River will be of higher quality. There will be minimal visual, noise, and transportation impacts to environmental justice communities.

Air Quality:

The proposed Project would potentially release some odors during construction. Odors possible could consist of vehicle exhaust, construction & heavy equipment exhaust, and odors from debris and dust. Furthermore, some odors could occur during the opening and connection of the force main to the existing well near the Metro Northern WWTP. The effect of these odors to the surrounding areas would be minimal, as the immediate area surrounding the treatment plant is sparsely populated and the plant itself is relatively small. Odor mitigation measures may be used to lessen the impact to the surrounding areas, such as limiting wet well work during easterly blowing winds. Dust control measures would be implemented as necessary to suppress or prevent the emission of dust into the atmosphere during construction. These measures include applying water or soil binders at regular intervals to the work areas and roads, limiting vehicular speed, and avoiding soil disturbing activities during periods of high winds.

Noise:

Temporary noise impacts during Project construction would result from noise from HDD, an emergency back-up generator, construction trucks, and other common construction noises (hammering, beeping, equipment alarms, etc.). No permanent noise disturbances are expected. The Proposed Action would result in a temporary increase in noise during construction of the lift station and force main. The hours of work are restricted by the applicable ROW permits issued by the applicable jurisdiction. All construction efforts related to HDD will take place during the normal working hours to avoid any adverse impacts to the surrounding area.

Transportation:

The Right-Of-Way (ROW) corridor along CDOT 85 varies in width from over 50 feet to slightly less than 15 feet. For this reason, there will be sections in which traffic would need to be confined to a single lane along 85. CDOT stipulates windows of time for which it is acceptable to limit traffic and would allow night work as well if needed. These requirements from CDOT would mitigate impacts to traffic sufficiently along CDOT 85. Additionally, access to Pearson Park will be limited to accommodate construction staging, equipment, and material storage. A traffic control plan will be developed by the contractor and approved by Weld County as well as CDOT prior to construction. This plan will limit the impact on traffic patterns in the area.

Aesthetics:

To provide access to the forcemain for maintenance purposes, there will be a small permanent impact of vegetation removal within the Pearson Park dog park. Additionally, the fence surrounding the dog park will be removed to allow for equipment staging. There may also be temporary impacts to the aesthetics along HW 85 in the ROW during construction. The dog park and open space trail will be closed for portions of construction using signage barriers. At the completion of construction, the dog park (apart from the small cleanout area) and open space trail will be restored to pre-construction conditions and the fence will be replaced following construction. Temporary aesthetic impacts along HW 85 would be restored to pre-construction conditions.

E. PUBLIC AND AGENCY INVOLVEMENT

A local newspaper advertisement, announcing the availability of the EA and participation under Section 106 of the National Historic Preservation Act, was/were published on April 6 2023, in the Fort Lupton Press. A copy of the EA was available for public review at City of Fort Lupton 130 S Mckinley Ave, Fort Lupton, CO 80621. The 14-day comment period ended on April 20, 2023. USDA RD received a single comment. The comment was to request to “pass along the idea of extending the walking/biking trail that goes along the South Platte coming out of Denver to Brighton along the right-of-way to Fort Lupton.” The Agency responded that USDA Rural Development will be funding the project through the Waste and Water Program, modifications to sidewalks/trails would be outside the scope of the project in question and would not be eligible for program funds. However, the Agency will notify the City to the request for consideration, through other possible funding sources they may be seeking.

F. FINDING OF NO SIGNIFICANT IMPACT

Based on its EA, USDA RD has concluded that the proposed Project would have no significant effects to Land Use, Floodplains, Wetlands, Cultural Resources, Biological Resources, Bald Eagles and Migratory Birds, Water Resources, Environmental Justice, Air Quality, Noise, Transportation, and Aesthetics. The proposed Project will have no effects on historic properties listed or eligible for listing on the National Register of Historic Places and no effects to federally listed species or designated critical habitat. The proposed Project would not disproportionately affect minority or low-income populations. In accordance with the National Environmental Policy Act, as amended (42 U.S.C. 4321 et seq.), the Council on Environmental Quality Regulations (40 CFR 1500–1508), and RD’s Environmental Policies and Procedures (7 CFR Part 1970), USDA RD has determined that the environmental impacts of the proposed Project have been adequately addressed and that no significant impacts to the quality of the human environment would result from construction and operation of the proposed Project. Any final action by USDA RD related to the proposed Project will be subject to, and contingent upon, compliance with all relevant federal and state environmental laws and regulations. Because USDA RD action will not result in significant impacts to the quality of the human environment, USDA RD will not prepare an Environmental Impact Statement for its potential federal action associated with the proposed Project.

G. LOAN REVIEW AND RIGHT OF ADMINISTRATIVE REVIEW

This FONSI is not a decision on a loan application and therefore not an approval of the expenditure of federal funds. Issuance of the FONSI and its notices concludes USDA RD’s environmental review process. The ultimate decision on loan approval depends upon conclusion of this environmental review process in addition to financial and engineering reviews. Issuance of the FONSI and publication of notices will allow for these reviews to proceed. The decision to provide financial assistance also is subject to the availability of loan funds for the designated purpose in USDA RD’s budget. There are no provisions to appeal this decision (i.e., issuance of a FONSI). Legal challenges to the FONSI may be filed in Federal District Court under the Administrative Procedures Act.

H. APPROVAL

This Finding of No Significant Impact is effective upon signature.

Dated: April 25, 2023

DUANE DALE

Community Programs Director

Community Programs

USDA Rural Development Contact Person

For additional information on this FONSI and EA, please contact Andria Cox via email andria.cox@usda.gov or phone 970-592-9027.