DRAFT MEMORANDUM OF AGREEMENT FOR ... the adverse effect will be resolved, they shall execute an...

North Metro Final Environmental Impact Statement – Memorandum of Agreement 1

DRAFT MEMORANDUM OF AGREEMENT FOR RECOVERY OF SIGNIFICANT INFORMATION FROM HISTORIC PROPERTIES ASSOCIATED WITH THE NORTH METRO CORRIDOR PREFERRED ALTERNATIVE IMPACTS TO:

5AM2111: QUIMBY RAILROAD STOP

5AM2114: EASTLAKE RAILROAD STOP

5AM2158: 124TH AVENUE FARMSTEAD The Parties to this Memorandum of Agreement (MOA) are the Federal Transit Administration (FTA); the Advisory Council on Historic Preservation (ACHP); the Colorado State Historic Preservation Officer (SHPO); and the Denver Regional Transportation District (RTD), a regional transit authority organized and existing under the laws of the State of Colorado. WHEREAS, Section 106 of the National Historic Preservation Act (NHPA, 16 U.S.C. 470 et seq.) requires any federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking to take into account the effect of the undertaking on historic properties and afford the ACHP a reasonable opportunity to comment on such undertaking; and WHEREAS, the proposed federally assisted undertaking is the construction and operation of the North Metro Corridor (the Project), for which the National Environmental Policy Act (NEPA) process is currently underway; and WHEREAS, the Project consists of the construction of an electric multiple unit (EMU) commuter rail line on single-track with passing track. Beginning near Denver Union Station, the Project alignment is east of the BNSF Railway mainline (Brush Subdivision) to a point where it crosses over the BNSF Railway and is adjacent to the O’Brian Canal (Burlington Ditch) to approximately 70th Avenue where it connects with the UP Boulder Branch and continues north, terminating in the 162nd Avenue area north of State Highway 7. The Project passes through Denver and Adams counties, a distance of approximately 18 miles; and WHEREAS, the FTA has determined that the construction of the North Metro Corridor Project in Denver and Adams counties, Colorado, will have adverse effects on historic properties (5AM2111, 5AM2114, and 5AM2158), which are sites that are included in or determined to be eligible for inclusion in the National Register of Historic Places; and has consulted with the SHPO, consulting parties, and the ACHP pursuant to 36 CFR Part (§) 800, regulations implementing Section 106 of the NHPA (16 U.S.C. § 470f); and WHEREAS, the SHPO is authorized to enter into this MOA in order to fulfill its role of advising and assisting Federal agencies in carrying out their Section 106 responsibilities under the following Federal statutes: Sections 101 and 106 of the NHPA of 1966, as amended; 16 U.S.C. § 470f; and regulations implementing Section 106 at 36 CFR §§ 800.2 (c)(1)(i) and 800.6(b); and WHEREAS, 36 CFR § 800.6 (b)(iv) provides that if the agency official and the SHPO agree on how the adverse effect will be resolved, they shall execute an MOA; and

2 North Metro Final Environmental Impact Statement – Memorandum of Agreement

WHEREAS, RTD has participated with the FTA and consulting parties, in the consultation with the SHPO and has been invited to concur in the MOA to reflect its commitment to the measures described in the agreement: NOW THEREFORE, FTA, ACHP, SHPO, and RTD hereto agree to a resolution of the adverse effects of the undertaking to be implemented in accordance with the following stipulations:

STIPULATIONS

Adverse Effects

The FTA has determined, in consultation with the SHPO, that the construction of the North Metro Preferred Alternative will have an adverse effect on the following resources:

5AM2111: Quimby Railroad Stop – The remains of the Quimby Railroad Stop includes three concentrations of artifacts east of the existing railroad tracks; there is also a small concrete sub-surface vault located south of the artifact concentrations. The Project would shift the track slightly west of the current alignment and add a new passing track on the west adjacent to the site. The Project’s fencing and drainage improvements would impact the site. These improvements would impact one of the artifact concentrations within this site and could impact features and artifact concentrations that have not been identified. This is an adverse effect to the resource.

5AM2114: Eastlake Railroad Stop – The site contains several foundation remnants and historic artifact concentrations on both sides of the existing railroad track and additional sub-surface features and artifact concentrations may be present. Identified features at the site are avoided, but power poles for the catenary system would impact the site directly. The station construction would also encroach into the site. Construction may impact additional subsurface features or artifacts that have not been identified. This is an adverse effect to this resource. 5AM2158: 124th Avenue Farmstead – None of the structures associated with this site would be impacted by the Project’s124th Avenue/Eastlake Station, but development of parking for the station and the realignment of Claude Court would impact 4.25 acres of the landscape north of 124th Avenue. Approximately 15 percent of the site would be incorporated into the station ROW. As a result, the continuity of the historic landscape would be disrupted and diminish those characteristics that qualify the site for inclusion in the NRHP. This is an adverse effect to this resource.

FTA shall ensure the following measures are implemented:

I. MITIGATION

A. RESOURCE PROTECTION The parties have developed the following mitigation measures to reduce or minimize the identified adverse effects on the properties:

1. Quimby Railroad Stop (5AM2111) a) The new track alignment will be shifted west of existing track

alignment near 100th Avenue to minimize impacts. b) The new passing track will be built along the west side of the re-

aligned existing track to minimize impacts. c) The eastern set of catenary poles will be moved to the center of

the alignment in between the two tracks to minimize impacts. d) Construction access will be provided from the west side of the

existing track at this location to minimize impacts. 2. Eastlake Railroad Stop (5AM2114)

a) The bus loop will be designed to avoid impact to Feature E.


3. 124th Avenue Farmstead (5AM2158) a) The 2035 parking structure will be built within the footprint of the

2020 surface parking area to minimize impact to the site. B. ARCHAEOLOGICAL DATA RECOVERY

1. Treatment Plan – A detailed treatment plan shall be prepared that describes the data recovery to be completed at all sites

2. Data Recovery Efforts a) Quimby Railroad Stop (5AM2111)

1) Background research will be conducted to identify the probable locations of buildings and other features associated with the operations of the railroad stop.

2) In the areas of direct impact, systematic shovel testing, coupled with the application of ground-penetrating radar (GPR), will be used to identify the location(s) of buried cultural features and/or structural remains.

3) Where such buried features or remains are discovered, then excavations will be expanded to expose the nature and location of these features/remains. All excavations will be completely and properly documented.

b) Eastlake Railroad Stop (5AM2114) 1) Background research will be conducted to identify the

probable locations of buildings and other features associated with the operations of the railroad stop.

2) In the areas of direct impact, systematic shovel testing, coupled with the application of ground-penetrating radar (GPR), will be used to identify the location(s) of buried cultural features and/or structural remains.

3) Where such buried features or remains are discovered, then excavations will be expanded to expose the nature and location of these features/remains. All excavations will be completely and properly documented.

C. ARCHIVAL DOCUMENTATION 1. 124th Avenue Farmstead (5AM2158)

a) Background research will be conducted to define clearly the full extent of the historic farmstead and associated buildings and features.

b) The existing property will be thoroughly recorded using Colorado Historical Society Office of Archaeology and Historic Preservation Level II documentation, which includes the following measures:

1) Historical narrative 2) Detailed drawings 3) Medium-format photography

D. REVIEW AND COMMENT The FTA shall afford the SHPO thirty (30) days from the date of receipt to review and respond to any reports, plans, specifications, or other documentation provided for review pursuant to this MOA.

II. DURATION

This MOA shall be null and void if the terms are not carried out within twenty (20) years from the date of its execution. Before such time, FTA may consult with the other signatories to reconsider the terms of the MOA and amend it in accordance with the Stipulation V below. This MOA shall be effective upon signing by all parties (FTA, ACHP, SHPO, and RTD).


III. POST-REVIEW DISCOVERIES In the event that one or more of the historic properties, other than those discussed in this MOA, are discovered or that unanticipated effects on historic properties are found during the implementation of this MOA, the FTA shall follow the procedure specified in 36 CFR § 800.13. This stipulation specifies procedures to be followed by all RTD employees and all RTD contractors and subcontractors should archaeological, historical, or paleontological resources be inadvertently discovered during construction of the project.

A. Construction operations in the vicinity of the discovery will be suspended immediately if a suspected archaeological, historic, or paleontological item, feature, or structure of historic or archaeological significance is encountered.

B. The RTD Project Manager will be notified verbally of the nature and exact location of the discovery.

C. The RTD Project Manager will immediately contact the SHPO and will consult with a qualified historian, archaeologist, or paleontologist to advise the SHPO and RTD regarding the significance of the discovery and will recommend a plan for proper disposition of the objects/features.

D. The RTD Project Manager will protect the discovered objects/features from damage, theft, or other harm while the procedures of this stipulation are being carried out.

IV. MONITORING AND REPORTING Each year following the execution of this MOA, until it expires or is terminated, RTD, on behalf of the FTA, shall provide all parties and signatories to the MOA a summary report detailing work undertaken pursuant to its terms. Such report shall include any proposed scheduling changes, any problems encountered, and any disputes and/or objections received regarding RTD’s and FTA’s efforts to carry out the terms of this MOA. Failure to provide such summary report may be considered noncompliance with the terms of this MOA pursuant to Stipulation V, below. V. DISPUTE RESOLUTION

Should any signatory to this MOA, including the invited signatory, object at any time to any actions proposed or the manner in which the terms of this MOA are implemented, FTA and SHPO shall consult and attempt to resolved the dispute. If FTA determines, within 30 days, that the dispute cannot be resolved, the FTA may:

A. Forward all documentation relevant to the dispute to ACHP in accordance with 36 CFR § 800.2(b)(2). Upon receipt of adequate documentation, the ACHP shall review and advise the FTA on the recommended resolution of the dispute within 30 days. The FTA shall take into account any comment provided by the ACHP, in reaching a final decision regarding the dispute.

B. If the ACHP does not provide comments regarding the dispute within 30 days after receipt of adequate documentation pursuant to 36 CFR § 800.11, the FTA may render a decision regarding the dispute. In reaching its decision, the FTA shall take into account all comments from other signatories regarding the dispute.

C. The FTA’s responsibility to carry out all other actions subject to the terms of the MOA, which are not subject of the dispute, remain unchanged. The FTA shall notify the SHPO of its decision in writing before implementing that portion of the undertaking subject to dispute under this Stipulation. The FTA’s decision shall be final.


VI. AMENDMENTS AND NONCOMPLIANCE If any signatory to this MOA, including the invited signatory, determines that its terms shall not or cannot be carried out, or that an amendment to its terms must be made, that party shall immediately consult with other parties to develop an amendment to this MOA, pursuant to 36 CFR §§ 800.6(c)(7) and 800.6(c)(8). The amendment shall be effective on the date a copy signed by all of the original signatories is filed with the ACHP. If the signatories cannot agree to appropriate terms to amend the MOA, any signatory may terminate the MOA in accordance with Stipulation VII below. VII. TERMINATION If the MOA is not amended following the consultation set forth in Stipulations V and VI above, it may be terminated by any signatory. Within 30 days following the termination, the FTA shall notify the SHPO whether or not it shall initiate consultation to execute a new MOA under 36 CFR § 800.6(c)(1) or request the comments of the ACHP under 36 CFR § 800.7(a) and proceed accordingly. Execution of this MOA by the FTA, SHPO, ACHP, and the other parties, submission of this MOA to the ACHP pursuant to 36 CFR § 800.6(b)(l)(iv) before the FTA’s approval of this undertaking, and implementation of its terms provides evidence that the FTA has taken account the effects if this undertaking on historic properties and afforded an opportunity to comment.


VIII. SIGNATORIES: FEDERAL TRANSIT ADMINISTRATION, REGION VIII By: Date: Terry J. Rosapep, Regional Administrator, Region 8 COLORADO STATE HISTORIC PRESERVATION OFFICER By: Date: Edward C. Nichols, SHPO ADVISORY COUNCIL ON HISTORIC PRESERVATION By: Date: John M. Fowler, Executive Director IX. INVITED SIGNATORIES:

REGIONAL TRANSPORTATION DISTRICT By: Date: Phillip A. Washington, General Manager

5DV6247.6

5DV6247

23rd St

Denargo St

Fox St

Huron St

Delgany St

Wewatta St

Denargo Market

W 29th Ave

Broadway

E 30th Ave

McDuffee Ct

22nd

St

Potter Ct

Galapago St

Divis

ion St

Fox St

Delgany St

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

0 100 200

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Page 1 of 34

5DV6247

5DV10619

5DV10618

I 25

Globeville Rd

31st

St

Arkins Ct

Weston St

Perkins St

Denargo Market

29th

St

Denargo St

I 25

I 25

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

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5DV6247

5DV10620

5DV10618

5DV10603

5DV10604

Arkins Ct

Ringsby Ct

Chestnut Pl

Pearl St

E 44th Ave

I 70

E 45th Ave

38th

St

Logan St

Pennsylvania St

Washington St

Sherman StE 43rd Ave

36th

St

Grant St I 70

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

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5DV6247.35DV6247.1

5DV10601

5DV10600

5DV6247

5DV10050

5DV9162

5DV3815

I 70

Arkins Ct

E 47th Ave

E 46th Ave

National Western Dr

Marion St

46th Ave

Humboldt St

Baldwin Ct

N Lafayette St

Franklin

St

44th

St

Alley

Washington St

I 70

Washington St

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

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5DV10050

5DV11033

5DV6247.3

5DV10617.1

5AM10599.1

5DV10974

5DV10602

5DV10050

5DV10608

5DV10609

5DV10611

5DV10610

5DV106075DV10612

5DV10605

5DV10606

5DV10613

State Hwy 265

Race St

Alley

Race Ct

High St

National Western Dr

E 48th Ave

E 49th AveBald

win Ct

Williams S

t

York St

E 47th Ave

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

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5DV2410.1

5DV6247.3

5AM464.155DV10617.1

5DV10616

5AM2324

5DV10613 5DV10614

5DV10615

State Hwy 265

Columbine St

York

St

E 51st Ave

York St

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

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5DV2410.1

5AM464.15

5AM2083.2

5AM

2083

.3

5AM465.9

5AM2324

State Hwy 265

E 56th

Ave

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

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5AM465.9

I 270

Fillmore St

Steele S

t

E 60th Ave I 270

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

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5AM465.9

5AM2178

5AM22155AM2217

5AM2216

I 270

E 64th Ave

Monroe St

I 270

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

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5AM465.9

5AM472.17

5AM2110

Colorado Blvd

Ash St

I 76

E 70th Ave

E 71st Ave

E 68th Ave

Albion St

I 76

E 68th Ave

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

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5AM472.17

5AM465.9 I 76

State

Hwy

224

I 76 Service Rd

E 74th

Ave

I 76

State

Hwy

224

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

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5AM472.17

5AM2099.1

5AM

21

01.1

Steele St

E 80th

Ave

E 78th

Ave

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

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5AM81.1

5AM472.17

5AM80.1

5AM472.17

5AM

21

02.

2

5AM

80.7

5AM81.6

5AM

2102

.1

5AM

81

.5

5AM2746

Steele St

Welby RdHope Ct

E 86th

Ave

Devonshire Blvd

McDougal St

E 84th

Ave

Clayton Ct

McEl

wain

Blvd

E 83rd

Ave

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

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5AM81.65AM472.17

5AM2141

5AM27445AM2325

5AM2376

5AM2743

5AM2745

5AM2187

5AM2187

5AM2374

5AM21195AM2120

5AM2121

5AM2139

5AM2185

5AM2123

Welby Rd

E 88th Ave

Devonshire Blvd

E 86th Ave

Cher

yl Dr

Moon C

t

Bradley Pl

Rainb

ow Dr

Hope Ct

Carnation Way

Yucca Way

Devonshire Ct

Mobile Home Park

McDougal St

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

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5AM472.17

5AM81.6

5AM2743

5AM2190

5AM2188

5AM2131

5AM2185

5AM21325AM2327

5AM21305AM2126 5AM21285AM21245AM2122

5AM2129

5AM21215AM2127

5AM2140

5AM2330

5AM2186

5AM2135 5AM21385AM2123 5AM2331 5AM2329

5AM2125

5AM2133 5AM2136

5AM2332

5AM2139

5AM23335AM21375AM2328

5AM2134

Yucca Way

Aspen Dr

Welby Rd

Adams St

Welby Cir

Beechwood Dr

Palo Verde St

Cook St

E 90th Pl

Poze Blvd

Anderson St

E 94th Dr

Cypress Dr

E 91s

t Ave

Barn

hart

St

E 94th Ave

Roos

evelt

Ave

Steele Dr

Eppin

ger B

lvd

Carnation Way

Garfield Way

E 93rd Pl

Beachwood Dr

Anderson St

E 94th Dr

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

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5AM472.17

5AM2111

Harrison St

Thornton Pkwy

Monroe St

E 94th Ave

Welby Rd

E 99th

Pl

E 97

th Pl

E 96th Pl

E 98

th Av

e

E 99th

Way

E 96

th Wa

y

E 98

th Ct

Garfield Way

E 96th

Cir

Thornton PkwyColorado Blvd

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

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5AM

472.

17

5AM2111 5AM2113

5AM2112

Colorado Blvd

E 10

0th Av

e

Skyline Dr

E 99

th Ln

Garfield St

Harrison St

Westview DrHi

llcre

st Dr

E 99th

Pl

Courier Ln

Plateau Dr

Crestview Dr

E 10

1st A

ve

Garfield Cir

E 10

0th C

t

Jackson St

E 99th

Way E 103rd Pl

Hillcrest Cir

E 102nd Ave

Golfcrest Cir

Westview Cir

E 10

3rd C

ir

Monroe Dr

Garfield Ct

E 99

th Ci

r

Colorado Blvd

E 10

0th Av

e

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

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5AM472.17

5AM

21

03.1

5AM2113

5AM2112

State Hwy 44

E 103rd Pl E 104th Ave

Colorado Blvd

Madison St

Madison Way

Adams St

Fox Run Pkwy

E 105th Ct

Fox Run Cir

E 105th Pl

E 103rd Dr

Garfield St

Cook

Ct

E 103rd Cir

E 104th Pl

Kimblewyck Cir

E 106th Ct

Cook Way

Adam

s Cir

E 104th Ave

I-25

I-270

I-7

0

Study Area Boundary

17

34 21 22

33

2

7 8 9

31

45

6

111012 13 14 15 16 18

19 20 23 24 25 26 27 28 29 3031 32

0 100 200

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DRAFT MEMORANDUM OF AGREEMENT FOR ... the adverse effect will be resolved, they shall execute an...

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