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HomeMy WebLinkAbout1182 - SUPPORTING a Federal Grant Application for Trail SegmentsRESOLUTION NO. 1182 A RESOLUTION SUPPORTING A FEDERAL GRANT APPLICATION BY JEFFERSON COUNTY TO FUND PLANNING, DESIGN AND CONSTRUCTION OF UP TO TWO UNDERPASSES AND TRAIL SEGMENTS TO CONNECT ROCKY FLATS NATIONAL WILDLIFE REFUGE WITH ADJACENT CITY OF BOULDER AND BOULDER COUNTY TRAILS NORTH OF STATE HIGHWAY 128 AND APPROVING THE ACCOMPANYING RESPONSE GUIDELINES. THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, FINDS AND RECITES THAT: The Boulder City Council recognizes the health and conservation benefits of connecting residents and visitors to the natural world, and encourages and supports projects that provide those benefits; and The Rocky Mountain Greenway (RMG) of Colorado is envisioned as a way to enhance and protect our natural heritage and connect Coloradoans with this heritage; and The goal of the RMG is to create a regional network comprised of trails and transportation systems that connects three urban wildlife refuges with Rocky Mountain National Park. The combined trail and transportation system would link the Rocky Mountain Arsenal National Wildlife Refuge (NWR) in Commerce City, Two Ponds NWR in Arvada, and the Rocky Flats NWR before continuing through Boulder County and the City of Boulder toward Rocky Mountain National Park; and The RMG statewide steering committee includes representatives from federal, state and local levels, including Colorado Department of Natural Resources, Federal Highway Administration, US Fish and Wildlife Service, Jefferson County, Boulder County, City of Boulder (represented by Councilmember Lisa Morzel), City and County of Denver, City of Aurora, Trust for Public Land, and several private organizations; and Managed by the Federal Highways Administration, the RMG core team includes local staff representatives from City of Boulder Open Space and Mountain Parks (OSMP), Transportation and Greenways, Boulder County Parks and Open Space (BCPOS) and Transportation, Jefferson County, Town of Lyons, and the Town of Superior; and The RMG will use existing trails to create this newly branded regional network of trails and transportation systems. The RMG core team will make recommendations where it is necessary for new trail segments to create connections between existing trails. Within and adjacent to the City and city -owned lands managed as open space, the RMG will require a new grade -separated trail crossing of State Highway 128 (underpass) and a new trail segment to connect the Rocky Flats NWR with City of Boulder and Boulder County trails to the north; and In support of a grant application to the Federal Lands Access Program (FLAP), Jefferson County has requested financial assistance from the cities of Arvada and Westminster, City of Boulder (OSMP), Boulder County and the Town of Superior to support planning, design and construction of up to two underpasses and trail connection. Jefferson County would also contribute funding. These contributions would help satisfy the 17.21 percent local match required by FLAP if federal grant funds are awarded; and If awarded, federal funds would require some level of environmental analysis through the National .Environmental Policy Act (NEPA), through one of three pathways — a categorical exclusion, environmental assessment (EA) or an environmental impact statement (EIS). As described in the attached response guidelines, the City of Boulder believes that an EA or EIS is likely to be required in order to develop reasonable alternatives for locating and designing up to two underpasses and trail connection, to confirm the health and safety of connecting to Rocky Flats NWR, to adequately analyze potential impacts to natural resources, and to select a preferred alternative that avoids, minimizes or mitigates those impacts to the greatest extent possible; and Through the City of Boulder charter, as well as management plans, local partnerships with BCPOS, fee ownership of the Kelsall Property and a conservation easement held by OSMP on BCPOS's Lindsay property, the City of Boulder is charged with protecting natural resource values in the area affected by a potential underpass and trail segment. Natural resource values in this area include the Rock Creek riparian area, wetlands, known habitat for a threatened species (Preble's meadow jumping mouse), and high-quality grasslands including tallgrass prairie; and City of Boulder recognizes that the lands adjacent to the Rocky Flats NWR were used as a nuclear weapons plant, which raises public concerns regarding the health and safety of accessing the Refuge. Site-specific soil sampling for radionuclides where public access will be allowed is appropriate to understand the risk associated with residents accessing the Refuge through city -managed lands; and The RMG project is considering options for siting and designing a pedestrian underpass, trail connection, and possibly a separate wildlife underpass. Therefore, the Boulder City Council supports subsequent analysis, planning and design through NEPA that follows the attached response guidelines in order to determine the best options. and will continue to provide core team members to represent the City's interests; and This Resolution affirms the City of Boulder's intention to provide a 2017 financial contribution towards local match requirements for Jefferson County's FLAP grant application, subject to support from other local partners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. The Boulder City Council hereby pledges its support for Jefferson County's FLAP grant application, to include the following elements and conditions: 1. An agreement with Jefferson County to commit up to $200,000 to support future analysis, planning, design and construction of up to two underpasses and a trail connection to connect Rocky Flats National Wildlife Refuge with City of Boulder lands to the north. 2. This commitment is contingent upon the support from other local partners and project compliance with the accompanying response guidelines, including satisfactory results from soil sampling. 3. A pledge by Jefferson County, in addition to contributing funds, to support the environmental and trail location concerns of the City of Boulder and to advocate for a sound and thorough NEPA and permitting process to ensure protection of OSMP lands and values. Section 2. The Boulder City Council hereby approves the accompanying response guidelines to direct City staffs participation in efforts to adequately analyze soil conditions on Rocky Flats NWR as well as potential impacts to natural resources resulting from this project, and to select a preferred alternative that avoids, minimizes or mitigates those impacts to the greatest extent possible in the planning, design and construction of this section of the Rocky Mountain Greenway (RMG). APPROVED this 0 day of ATTEST: City rk City of Boulder Response Guidelines for Subsequent Environmental or Land Use Review or Permitting Processes for Trail Connection to Rocky Flats National Wildlife Refuge As Approved by City Council on May 3, 2016 The Boulder City Council approves the following policy guidelines to inform and guide coordinated staff responses to any subsequent environmental or land use review or permitting process resulting from federal funds awarded to Jefferson County for the planning, design and construction of at least one underpass and trail segment across State Highway 128 (S.H. 128) to connect Rocky Flats National Wildlife Refuge (NWR) with City and County open space lands and trails to the north. City comments will be coordinated through the Open Space and Mountain Parks (OSMP) Department. 1. Sufficiency of Analysis of Environmental Impacts — The city insists on a complete and thorough analysis in accordance with the National Environmental Policy Act (NEPA) to consider impacts and mitigation for potential environmental impacts and public health concerns. The NEPA process shall consider potential environmental impacts to the Rock Creek riparian area, wetlands, known habitat for a threatened species (Preble's meadow jumping mouse), high-quality grasslands and rare plant communities. In addition, the NEPA process shall incorporate an analysis of soil conditions on Rocky Flats NWR to affirm public safety. To that end, the City of Boulder maintains that either an environmental assessment (EA) or environmental impact statement (EIS) may be required to develop reasonable alternatives for locating and designing up to two underpasses and trail connections, to adequately analyze potential impacts to public safety and natural resources, and to select a preferred alternative that avoids or minimizes impacts to the greatest extent possible and provides compensatory mitigation for remaining unavoidable impacts. 2. Health and Safety of Connecting to Rocky Flats NWR — To address public health and safety concerns related to lands adjacent to Rocky Flats NWR, the city insists that soil sampling shall be conducted to support the NEPA process. Testing shall occur at all sites south of State Highway 128 that are included in Jefferson County's grant application to the Federal Lands Access Program (FLAP). Sampling protocols shall include a full panel of testing for radionuclides. In addition, sampling shall be conducted in accordance Environmental Protection Agency (EPA) protocols and be conducted through EPA -approved labs. The number of soil samples to be conducted within each of the site areas included in the FLAP grant proposal shall be determined in accordance with EPA -recommended methodology. The city's pledge of support and funding commitment are contingent on the results of the soil sampling demonstrating that contamination levels fall below the federal human -health standard/criteria. 3. Consistency with Plans, Agreements, Codes, Regulations and Policies — The city supports aligning all comments with applicable policies established through existing, council -approved plans such as the Boulder Valley Comprehensive Plan, OSMP's Visitor Master Plan, and the OSMP Marshall Mesa -Southern Grasslands Trail Study Area Plan. In addition, comments shall align with terms laid out in the conservation easement held by OSMP on Boulder County's Lindsay property located north of S.H. 128. Lastly, comments shall require project compliance with applicable City of Boulder codes, regulations and policies. 4. Range of Reasonable Alternatives — To select the best route for connecting the Rocky Mountain Greenway on the east side of Rocky Flats NWR with city and county lands to the north of the refuge, the City of Boulder asserts that the NEPA process shall consider a reasonable range of alternatives. These alternatives shall explore the viability of various routes and crossing locations, including one option that stays outside of Rocky Flats NWR along the east and north sides. 5. Important Elements of Preferred Alternative - The city believes that, at this time, there is not enough information to endorse one location or design for the underpasses or trail connection, prior to the completion of the NEPA process. However, it is possible to identify important elements that will support best practices, meet regulatory requirements and develop a balanced preferred alternative that meets community needs and protects resources. The city will support a preferred alternative that: o Adequately addresses comments received from the public and funding partners throughout the process; o Supports an effective balance of visitor infrastructure, resource protection and public safety; o Creates a quality recreation experience for communities along the greenway with connections to local neighborhoods o Ensures universally accessible and sustainable guidelines following best practices and regulatory requirements o Avoids or minimizes impacts to the Rock Creek riparian area and wetlands; o Avoids or minimizes impacts to Preble's meadow jumping mouse habitat; o Avoids or minimizes impacts to grasslands and rare plant communities north of the Coalton and High Plains trails; and o Provides compensatory mitigation for unavoidable impacts to the resources listed above. 6. Intergovernmental Agreement (IGA) — If FLAP funds are awarded to support this project, City of Boulder staff shall negotiate an IGA between Jefferson County and participating local governments to address: o The funding obligations of each of the local governments and the adequacy of the funding to meet the required local match; o Conditions of each local government partner for the NEPA analysis or any other conditions which may affect the project; and o How the grant and project will proceed if the conditions of each local government have not been met through the NEPA analysis.