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<br />I <br />I <br />I <br />I' <br />I <br />,I <br />I' <br />t <br />I <br />I' <br />I <br />, <br />I <br />I' <br />I <br />, <br />I <br />I <br />I <br /> <br />ENVIRONMENTAL ASSESSMENT <br />TITLE TRANSFER OF SELECTED COLORADO-BIG THOMPSON PROJECT WATER <br />FACILITIES TO THE NORTHERN COLORADO WATER CONSERVANCY DISTRJCf <br /> <br />Transfer of title for the facilities to the District could foreclose the opportunity for <br />Reclamation and FWS to address species that may be federally listed in the future and <br />potentially affected by facility operations and maintenance to the extent that Section 9 of <br />ESA does not apply, Except for the involvement of other federal actions that would need <br />to comply with Section 7 of ESA, the District could not be required in the future to alter <br />operations of these facilities to benefit federally listed species. <br /> <br />National Historic Preservation Act <br />Section 106 of the National Historic Preservation Act of 1966 (as amended) requires <br />all federal agencies to consider effects from any federal action on cultural resources <br />eligible for or listed on the National Register of Historic Places (NHRP) prior to initiating <br />such actions. Compliance with the National Historic Preservation Act (NHPA) of 1966 <br />as amended is not likely to change significantly with the proposed title transfer. The <br />facilities proposed for title transfer were detennined not to be eligible for the National <br />Historic Register, but may be contributing features to a potential district composed of the <br />C-BT Project. Transfer of the facilities to the District, and the District's continued <br />operation and maintenance of the facilities would not affect potential cultural resource <br />values of the C-BT Project. <br /> <br />Clean Water Act <br />Section 404 of the Clean Water Act (CW A) regulates the discharge of dredge and fill <br />material into waters of the U.S. The maintenance, repair, and replacement of the facilities <br />proposed for title transfer could, in some instances, involve the discharge of fill material <br />into waters of the U,S, including wetlands, and require authorization from the U.S. Army <br />Corps of Engineers under Section 404 of the CW A. The proposed title transfer would not <br />affect current compliance with the CW A because compliance with the CW A is required <br />for federal and non-federal activities and facilities. <br /> <br />Proposed Action <br />The transfer of title to the District for the facilities would eliminate Reclamation's <br />federal stewardship and oversight of the operation, maintenance, and repair of the <br /> <br />13 <br />