6-Environmental Considerations.pdf

E N V I R O N M E N T A L C O N S I D E R A T I O N S M E M O R A N D U M

40T H STREET – AVENUE 6E TO FORTUNA ROAD

LOGAN SIMPSON NUMBER 2350713

Yuma 40th Street Environmental Considerations Memorandum 1

Introduction The City of Yuma (City), in coordination with the Arizona Department of Transportation (ADOT), and Federal Highway Administration (FHWA) is preparing a Design Concept Report (DCR) for a new roadway within Yuma, in Yuma County, Arizona (Attachment A, Figure 1). The project includes constructing approximately 5 miles of new roadway starting at Avenue 6E and extending east to Fortuna Road (Attachment A, Figure 2). The expected configuration is 5 lanes (2 travel lanes in each direction with a center turn lane) with a bicycle path along the southern portion of the roadway. This preliminary review was conducted for various resources to assess compliance requirements that may be needed in accordance with the National Environmental Policy Act (NEPA), Section 106 of the National Historic Preservation Act (NHPA), and other regulations.

Since federal funds are proposed to be used for the project, it must comply with all federal requirements including the National Environmental Policy Act (NEPA). Due to the use of federal funds, ADOT will be the acting lead federal agency responsible for administering the federal funds pursuant to 23 United States Code (U.S.C.) § 326 and a Memorandum of Understanding (MOU) dated December 20, 2023, and executed by the Federal Highway Administration (FHWA) and ADOT. It is anticipated that an Environmental Assessment (EA) will be needed to satisfy NEPA requirements. The following information is a summary of the environmental considerations for the project;

however, it does not meet the requirements of NEPA.

Land Jurisdiction and Use The majority of the adjacent lands are privately owned with some portions to the south owned by Arizona State Land Department (ASLD). The project is expected to require new right-of-way (ROW) from the Arizona State Land Department (ASLD). State Route (SR) 195, an ADOT roadway, is located within the western portion of the project area. The project also intersects a segment of “A Canal” which is managed by the Gila Project Yuma Mesa Irrigation and Drainage District (YMIDD) and under the jurisdiction of the Bureau of Reclamation (Reclamation). Utility easements may also be present within the project area.

Prime and Unique Farmland The Farmland Protection Policy Act (FPPA) is intended to minimize the impact of federal programs on the unnecessary and irreversible conversion of farmland to non-agricultural uses. For the purpose of FPPA, farmland includes prime farmland, unique farmland, and land of statewide or local importance. Farmland does not have to be currently used for cropland to be subject to FPPA requirements. It can also be forestland, pastureland, cropland, or other land, but not open water or urban developed land. According to a review of the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) online web soil survey, the project area is located in the Yuma County, Arizona (USDA 2024).

The soil types present within the project area are Rositas sand and Rositas-Ligurta complex. Rositas sands are classified as farmland of unique importance and encompasses approximately 70 percent of the project area. Unique farmland is land other than prime farmland that is used for production of specific high-value food and fiber crops.

Portions of the project area are well-developed, and some portions are considered farmland of unique importance.

However, these lands are not expected to be subject to protection by the FPPA because they are not actively farmed.

Public Involvement Agency scoping will be completed as part of the environmental clearance to notify agencies of any temporary impacts during and permanent impacts following construction. Agency scoping be conducted in accordance with ADOT Environmental Planning NEPA EA and EIS Guidance (September 2024). Additionally, given the nature of the project and the work within close proximity to numerous residences, one public meeting will be held once the Draft EA is available. Public involvement will be conducted according to ADOT’s Public Involvement Plan.

Section 4(f) For federally funded transportation projects, an analysis of properties afforded protection under Section 4(f) of the Department of Transportation Act of 1966 (23 Code of Federal Regulations [CFR] § 774) is required. Section 4(f) properties include publicly owned parks; recreation areas (including trails and multiuse paths); waterfowl and wildlife refuges; and historic sites of national, state, or local significance. Section 4(f) also applies to all historic sites that are listed or eligible for inclusion in the National Register of Historic Place (NRHP) at the local, state, or national level of significance regardless of if the historic site is publicly owned or open to the public.

There are several potential recreational Section 4(f) properties located within the vicinity of the project area including Ocotillo Park, and Yuma East Country Club. However, the project is not anticipated to involve work within the boundaries of any nearby parks, nor is the project expected to restrict or limit access to parks or other community facilities.

Socioeconomics and Environmental Justice Socioeconomics describes the combination of economic and social level of a specific population of people and is based on income, education, demographics, and occupation. Social and economic considerations related to project impacts may include, but are not limited to relocations and displacements, access to existing properties, emergency access, impacts on existing businesses, and impacts on neighborhood continuity, community services, schools, and recreation facilities. Although there are private residences and commercial properties adjacent to the project area, the project is not expected to involve any residential displacements. No detours are expected to be necessary. However, temporary impacts associated with construction are expected to occur. These short-term impacts will include traffic delays and noise.

Title VI of the Civil Rights Act of 1964 states that “No person in the United States shall, on the ground of race, color, Or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” Further, Executive Order 12898 was issued to identify and address Environmental Justice in minority and low-income populations and to achieve an equitable distribution of benefits and burdens within a project area. According to the 2020 U.S. Census Bureau, there are no minority or low-income populations within the project area, therefore the project will not disproportionately impact minority, low-income, or limited English proficient populations.

Biological Resources The project area is located within the Sonoran Desert Ecoregion, which has a characteristic bimodal rainfall pattern, high summer temperatures, and mild winters. The vegetation in this area is sparse desertscrub with scattered shrubs, grasses, and forbs; ground cover is typically light or absent, but can increase with substantial growth of wildflowers in years with adequate precipitation. Desert washes are usually absent due to the sandy soils with high levels of infiltration.

A biological resource review consisting of a literature and desktop review was conducted to determine the potential presence or absence of federally listed threatened, endangered, or candidate species under the Endangered Species Act (ESA; 16 U.S.C. 1531-1544, as amended) in the project area. The characteristics of the physical and natural environment were also identified based on a review of topographic maps and aerial photos of the project area, online resources, and geographic information system (GIS) data. An on-site biological survey of the project area will be conducted to verify the potential presence of species of concern and protected biological resources including protected native plants and nesting migratory birds, as well as noxious and invasive weeds. As part of the environmental clearance, a Biological Evaluation will be prepared according to ADOT standards to identify any project requirements related to the protection of biological resources.

A preliminary review indicates that there are no federally listed species that are likely to occur in the project area;

however, the flat-tailed horned lizard (FTHL), which is protected under a multi-agency Conservation Agreement, is known to occur in this area. Various mitigation measures including compensatory mitigation are required when projects involve federal lands (e.g., Bureau of Land Management, Bureau of Reclamation) within the species’ range.

Compensatory mitigation will not be required for this project unless a federal agency that is signatory to the FTHL Conservation Agreement and 2003 FTHL Rangewide Management Strategy becomes involved in the project. The Arizona Game and Fish Department is a signatory to the FTHL Conservation Agreement and will likely recommend the implementation of various measures outlined in the 2003 FTHL Rangewide Management Strategy such as worker awareness training, biological monitoring, the use of exclusion fencing at staging areas, and restoration of disturbed areas to minimize the potential adverse impacts to FTHLs.

Hazardous Materials Hazardous materials are regulated by the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). A preliminary desktop review using available online resources was conducted for the project area and vicinity. According to the U.S. Environmental Protection Agency (EPA) NEPAssist tool (EPA 2024) and the ADEQ eMaps tool (ADEQ 2024), there are no known hazardous waste sites on or adjacent to the property. The closest hazardous waste site is 0.34 miles north of the project area along Fortuna Road.

As part of the environmental clearance, an ADOT-compliant preliminary initial site assessment (PISA) will be prepared which consists of a records search and site visit to determine if hazardous material concerns are located within the project area. Lead-based paint and asbestos testing will be conducted to determine if these materials are present and to identify any necessary mitigation.

Cultural Resources This project is proposed to be federally funded; therefore, it will require compliance with Section 106 of the National Historic Preservation Act. Section 106 dictates the need for federal agencies to identify National Register of Historic Places (NRHP)-eligible and listed properties, consider any effects the project may have on historic properties, and conduct consultation with the State Historic Preservation Office (SHPO), Native American Tribes, land-managing agencies, and other interested parties.

The area of potential effects (APE) mostly consists of municipal ROW, with a small segment of ROW that consists of state trust land managed by ASLD. The presence of municipal and state trust land triggers compliance with the Arizona Antiquities Act (AAA; ARS § 15-1631, ARS § 41-841 et seq.), as administered by the Arizona State Museum (ASM), and A.R.S. § 41-2051, which directs state agencies to develop tribal consultation policies and incorporate tribal input from consultation into decision-making processes. The presence of ASLD-managed land triggers compliance with the Arizona State Historic Preservation Act (SHPA; A.R.S. § 41-861 et seq.), as administered by the SHPO. The APE also intersects a segment of “A Canal” of the Gila Project Yuma Mesa Irrigation and Drainage District (YMIDD) on behalf of Reclamation. The cultural resources investigation for this undertaking will require formal consultation with ADOT (on behalf of FHWA), ASLD, SHPO, ASM, City of Yuma, Reclamation, YMIDD, and the Native American Tribes that claim traditional affiliations with the land in the project vicinity.

Preliminary research indicates that most of the APE had not been surveyed for cultural resources, and none of it had been surveyed within the past ten years. Therefore, as part of the environmental clearance efforts, a Class III pedestrian cultural resources survey is required to identify and evaluate NRHP-eligible properties that could be affected by any construction within the approximately 45-acre APE. Upon completion of the Class IIl report, Section 106 consultation will be initiated by ADOT.

Initial findings from the Class III survey confirm two in-use canals intersecting the APE. The canal segments identified consist of the A Canal and an unnamed lateral component of the much larger United States Reclamation Service’s (later the Bureau of Reclamation) Gila Project, instigated in 1937. The Gila Project was separated into two divisions, the Yuma Mesa Division and the Wellton-Mohawk Division. The Yuma Mesa Division was further separated into three units, the North Gila Valley Unit, the South Gila Valley Unit, and the Mesa unit. The current area of potential effect (APE) falls within the Mesa Unit.

The Bureau of Reclamation (Reclamation) has initiated a Programmatic Agreement (PA) for the treatment of individual features and structures of the Gila Project (including the Yuma Mesa, North Gila Valley, and South Gila Valley Units) (Hoeft 2007). To date, the agreement has not been finalized (Andrea Kayser, Yuma Area Office Archaeologist, Bureau of Reclamation, personal communication 2024). In 2007, Reclamation formally requested concurrence from SHPO concerning SRI’s report findings and recommendations of eligibility of the Yuma Mesa Division District (Hoeft 2007). SHPO concurred with these findings (Collins 2007). Logan Simpson agrees with SRI’s previous evaluation of A Canal as not individually eligible, but a contributor to the proposed Yuma Mesa Division District under Criteria A and C. In addition, Logan Simpson also recommends the unnamed lateral as NRHP-eligible.

The potential impacts to both canals would need to be coordinated with YMIDD and Reclamation in conjunction with Section 106 consultation.

The following standard recommendations are provided regarding cultural resources:

• In the event that previously unreported cultural resources are encountered during ground disturbing activities, all work must immediately cease within 30 meters (100 feet) until a qualified archaeologist has documented the discovery and evaluated its eligibility for the NRHP in consultation with ADOT, the SHPO, and Tribes, as appropriate. Work must not resume in this area without ADOT approval.

• If human remains are encountered during ground-disturbing activities, all work must immediately cease within 30 meters (100 feet) of the location and the area must be secured. The ASM, ADOT, SHPO, and appropriate Tribes must be notified of the discovery within 24 hours (following ASM protocol). All discoveries will be treated in accordance with Arizona burial laws (Arizona Revised Statute [A.R.S]. § 41-

865) and work must not resume in this area without proper authorization.

Air Quality and Noise National Ambient Air Quality Standards (NAAQS) for pollutants considered harmful to public health and the environment are set by the EPA. The six principal pollutants are carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2), ozone (O3), particulate matter (PM10 and PM2.5), and sulfur dioxide (SO2). Vehicle emissions are major sources of CO, NO2, and O3. Sources of PM10 and PM2.5 include the suspension of dust through ground-disturbing activities, road dust from vehicles, and emissions from internal combustion engines. The EPA defines attainment areas as geographic areas that meet or exceed the NAAQS. Nonattainment areas refer to areas that do not meet this standard (EPA 2024). Maintenance areas are those that were once nonattainment, but now meet the current standards. The project is located within a nonattainment area for PM10 (EPA 2024).

There are residential and commercial properties constituting sensitive receptors located immediately adjacent to the project area. A traffic noise study and air quality assessment will be completed for the project. The quantitative noise analysis will be conducted in compliance with 2017 ADOT Noise Abatement Requirements. Noise-sensitive land uses adjacent to the study area will be identified and noise level measurements will be conducted with a site visit. A qualitative air quality assessment will be conducted to determine the level of analysis for PM10 hot spots within the project area. The conformity analysis will also require an interagency consultation.

Visual No federal land-managing agency with visual quality objectives has jurisdiction in the project area, therefore no visual resources analysis is expected to be needed for this project.

Water Resources The Clean Water Act (CWA) is the primary federal statute governing discharge of pollutants into jurisdictional Waters of the U.S. (Waters). A desktop review was conducted to identify potential Waters in the project area. This review included available data such as 2024 aerial photographs (via Google Earth), topographic maps, ADEQ GIS data (ADEQ 2024), and USFWS National Wetland Inventory (NWI) maps (USFWS 2024). Based on the desktop review, there are two canals/ditches within the project area. There is a roadside ditch along Avenue 6E and the A Canal. The A Canal is part of the Yuma Mesa Division of the Gila Project and is a distribution system. The Gila Project was created by Reclamation through a lateral system. A Canal distributes irrigation water to farmland on the north end of the Yuma Mesa. However, these are not expected to be jurisdictional or require a Section 404 permit.

Since more than one acre of land is expected to be disturbed during construction, an Arizona Pollutant Discharge Elimination System (AZPDES) Construction General Permit authorization and associated Storm Water Pollution Prevention Plan (SWPPP) will be required. The project area is located within a municipal separate storm sewer system, or designated MS4, for the City of Yuma. Therefore, a copy of the Notice of Intent and SWPPP must be submitted to the City of Yuma.

The following recommendations are provided regarding water resources:

• Since more than one acre of land is expected to be disturbed during construction, an AZPDES Construction

General Permit authorization and associated SWPPP will be prepared for the project. The AZPDES Construction General Permit and SWPPP need to be prepared prior to ground disturbance.

• A Notice of Intent (NOI) and SWPPP must be submitted to the City prior to construction.

Floodplain According to the Federal Emergency Management Agency (FEMA) Floodplain Insurance Rate Maps, the project area is located within Zone X (FEMA 2024). Zone X is known as the 0.2% Annual Chance Flood Hazard or the 500-year floodplain (Attachment A, Figure 4). Zone X has minimal to moderate flood hazards. Therefore, the project is not located within the 100-year floodplain.

Sole Source Aquifer This project is not located within a sole source aquifer (EPA 2024) and therefore would not impact a sole source aquifer.

Environmental Document An EA is being prepared as part of the NEPA process to disclose the impacts as a result of the project and facilitate the ADOT decision-making process of whether to approve, approve with modifications, or disapprove the proposed project. The EA will be supported by the various technical resources documents being completed.

References

Arizona Department of Environmental Quality (ADEQ). 2024. eMaps. https://azdeq.gov/emaps. Site accessed October 2024.

Federal Emergency Management Agency (FEMA). 2024. Flood Map Service Center, Flood Insurance Rate Map Panel

Nos. 04027C1545E, 04027C1565E. https://msc.fema.gov/portal/. Site accessed October 2024.

U.S. Department of Agriculture (USDA) Natural Resources Conservation Service. 2024. Web Soil Survey.

http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx. Site accessed October 2024.

U.S. Environmental Protection Agency (EPA). 2024. NEPAssist. Web map.

https://nepassisttool.epa.gov/nepassist/nepamap.aspx. Site accessed October 2024.

U.S. Fish and Wildlife Service (USFWS). 2024. National Wetlands Inventory – Wetlands Mapper.

http://www.fws.gov/wetlands/Data/Mapper.html. Site accessed October 2024.

https://azdeq.gov/emaps https://msc.fema.gov/portal/ http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx https://nepassisttool.epa.gov/nepassist/nepamap.aspx http://www.fws.gov/wetlands/Data/Mapper.html

Attachment A

Project Maps

Attachment A A-1

Figure 1. State Location Map

Attachment A A-2

Figure 2. Project Aerial Map

Attachment A A-3

Figure 3. Project Land Use Map

Figure 4. Project Flood Map