PROJ00221

• Contract/PO #: FS0017X
• Contractor Name: Ouray, City of
• Contract Type: Loan
• Water District: 0
• County: Ouray
• Loan Projects - Doc Type: Feasibility Study

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6.0 Compliance with Environmental laws and Regulations

The relationship of the _proposed action to applicable Federal environmental
requirements is summarized below. The project will be in compliance with all
laws, regulations, and Executive Orders.

Clean Air Act 942 U.S.C. 1857 et seq.l, as amended and recodified (42
U.S.C. 7401 et seq.). The study area is currently in attainment for all Federal and
State air quality standards. The proposed action is not expected to exceed the
Environmental Protection Agency's general conformity de minimis thresholds or
hinder the attainment of air quality objectives in the local air basin. The Corps has
determined that the proposed action would have no adverse effect on the future
air quality of the project area and is in compliance with this act.

Clean Water Act (33 U.S.C. 1251 et seq.). The proposed action would not
result in placement of dredged or fill material into waters of the United States or
associated wetlands. As a result, an evaluation relative to Section 404 (b)(1)
guidelines to determine compliance with the Clean Water Act is not needed. The
project is in compliance with the Clean Water Act.

Endangered Species Act (16 U.S.C. 1531 et seq.). In accordance with
section 7(c), coordination with the FWS has been initiated to determine whether
listed species are likely to be adversely affected by the proposed action. The
Corps will submit a biological assessment to the FWS and will be requesting
concurrence with the assessment's finding of no adverse effects on listed species.

Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.). The Corps has
coordinated with FWS and incorporated their recommendations into the project, as
appropriate. As a result, the project is in compliance with this act.

National Environmental Policy Act (42 U.S.C. 4321 et seq.). This act
requires the disclosure of the environmental effects, alternatives, potential
mitigation, and environmental compliance of the proposed action. The draft EA
provides partial compliance with this act. The final EA will provide the responses
to public comments on the draft EA.

National Historic Preservation Act of 1966, as amended (16 U.S.C. 470 et
seq.), Historic and Archeological Resources Protection Act (16 U.S.C. 470AA et
seq.l, Protection of Historic Properties (36 CFR 800). A cultural resource survey
of the area of the diversion site was conducted. The Corps has consulted with the
State Historic Preservation Office to confirm that the proposed action will have no
effect on cultural resources. A records check is currently being done for the
staging area. Effects of any cultural resource sites found will be coordinated with

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