Board Meeting 11/16/2004

• Board Meeting Date: 11/16/2004
• Description: CF Section - Non-Reimbursable Investments - Town of Florence - Oak Creek Reservoir Feasibility Study
• Board Meetings - Doc Type: Memo

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Funds are transferred from the Cpfl1sqfEngjIJ,eers to the USFWS to support the Service's
activity under the Fish and Wildlife CoordinatiOli Act. For the Florence, Colorado, flood control
feasibility study, the Corps of Engineers will requlCst,from the USFWS a Fish and Wildlife
Coordination Act Report CAR. The CAR sha1I'discuss existing fIsh and wildlife conditions,
including any institutionally designated fish and wildlife areas or resources under state, local, or
Federal purview; evaluate major biological effects of alternative plans; and recommend measures
for the preservation, conservation, and enhancement of these resources. This information shall be
used by the Corps of Engineers in the formulation of alternative plans, and, ultimately, the
selection of the recommended plan. If necessary, mitigation plans for the unavoidable loss of fish
and wildlife habitat will be formulated and analyzed for incremental justification.

A listing of plants and animals officiallY recognized or proposed by the U. S. Department of
Interior as endangered or threatened, with potenti3I to occur in the project area, will be provided
by the USFWS. Similar listings of state-endangered species will be requested from the Texas
Parks and Recreation Department. Protected species or populations actually occurring within the
project area will be deteIDlined after endangered, and threatened species surveys have been
conducted by the Corps of Engineers. If the Corps of Engineers determines that any threatened or
endangered species may be affected by the recommended plan, a Biological Assessment will be
prepared by the Corps. Ifnecessary, mitigation plans will be formulated to protect, conserve, or
enhance such populations.

2.14 CULTURAL RESOURCE STUDIES. Cultural Resources studies may be performed by
the Government or by the local sponsor. All work must be undertaken by professional
archaeologists meeting all Department of Interior and U.S. Army Corps of Engineers
requirements. The Government, as required by law, shall be responsible for all compliance
coordination with the Colorado State Historic Preservation Officer and the Advisory Council on
Historic Preservation. .., ,.'.."

a. Archaeological and historic investigatioliS for this'project would be designed to comply
with several public laws, including the National HiStoric Preservation Act of 1966 (PL 89-665; 16
U.S.C. 470) as amended; the National Enviionmental Policy Act of 1969 (PL 91-190; 42 U.S.C.
4321 et seq) as amended; Executive Order 11593 (Protection and Enhancement of the Cultural
Environment, May 13, 1971); the Archaeological and Historic Preservation Act of 1974 (pL 93-
291; 16 U.S.C. 469a) as amended; the Americanlndian Religious Freedom Act of 1978 (PL 95-
341, 42 U.S.C. 1996); the Archaeological Resources Protection Act of 1979 (PL 96-95; 16
U.S.C. 470); and the Native American Graves Protection and Repatriation Act of 1990 (PL 101-
601; 25 U.S.C. 3001 et seq).

b. Prior to the initiation of any construction, the project area, including any construction
zones, borrow areas, access roads, and staging areas, would be surveyed by qualified
archaeologists for cultural resources, traditional cultural properties, and historic structures. If
necessary, sites, properties, or structures would. be tested' and documented. After completion of
the documentation report, sites, properties, and structures, if any, would be evaluated for
eligibility for inclusion to the National Register of Historic Places. The evaluation and
determination of eligibility would be conducted by the U.S. Army Corps of Engineers
archaeologists in consultation with the Texas State Historic Preservation Officer (SHPO), the

SECTION B, PAGE 18