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3.4 LAND ACQUISITION_ DISPLACEMENTS_ AND RELOCATION

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					                                                                    Affected Environment, Environmental
East Corridor Final Environmental Impact Statement                         Consequences, and Mitigation


3.4     LAND ACQUISITION, DISPLACEMENTS, AND RELOCATION OF EXISTING
        USES
This section describes the land acquisitions, displacements, and relocation of existing uses
associated with the Preferred Alternative. Property acquisition is necessary to obtain ROW to
construct the East Corridor transit facility. ROW is defined as the physical land needed for the
proposed transportation improvements.

Summary of Results
The Preferred Alternative would require land acquisitions, displacements, and the relocation of
existing uses for the alignment, stations, and changes to the roadway network. Approximately 1
acre of residential, 111 acres of commercial/industrial, 54 acres of railroad, and 147 acres of
public land would be needed for the Preferred Alternative. Temporary construction impacts
would primarily impact surrounding roadways and UPRR freight operations. The Smith Road
Realignment Design Option 1 would require more ROW than the Preferred Alternative, which
includes Smith Road Realignment Design Option 2. The 40th Avenue Design Option 2 would
require a negligible amount of ROW beyond what is required under the Preferred Alternative,
which includes 40th Avenue Design Option 1. There is no difference in land acquisition,
displacements, or the relocation of existing uses between the New Castle Design Options 1 and
2. Impacts and mitigations to land acquisition, displacements, and relocation of existing uses
can be found in Table 3.4-11.

3.4.1 Affected Environment
Properties that would be impacted by the Preferred Alternative include UPRR land and private
property that is primarily vacant or used for commercial or industrial activities. Seven residential
properties are impacted by station locations and roadway improvements. These properties are
described in more detail in the following text.

The Preferred Alternative alignment is primarily within or adjacent to the existing UPRR corridor
from DUS to Airport Boulevard where it then follows the Peña Transportation Corridor to DIA.
There is one set of freight rail tracks throughout the entire UPRR corridor. Sidings, which are
short stretches of railroad track used to store rail vehicles or enable trains on the same line to
pass, are present at several locations. A rail yard is located at 40th Street and 40th Avenue.
Three industrial spurs lie to the south between Colorado Boulevard and Quebec Street, and two
spurs lie to the south between Havana Street and I-225. Smith Road parallels the existing
UPRR tracks and UPRR ROW. Table 3.4-1 lists the approximate existing UPRR ROW width
from DUS to Airport Boulevard.

                                             Table 3.4-1
                             Existing Union Pacific Railroad ROW Width
                                                                Average ROW Width
                                     Section
                                                                       (feet)
                 DUS to Kearney Street                                 100
                 Kearney Street to Quebec Street                       170
                 Quebec Street to Lima Street (city boundary)          400
                 Lima Street to Airport Boulevard                      300




September 2009                                                                                    3.4-1
Affected Environment, Environmental
Consequences, and Mitigation                           East Corridor Final Environmental Impact Statement


Characteristics of the property owners (such as race, ethnicity, or income levels) in the project
area are discussed in Section 3.2, Social Impacts and Community Facilities.

The Peña Transportation Corridor north of 40th Avenue includes 1,000 feet on either side of the
Peña Boulevard centerline and is designated as a “scenic buffer” under the 1988
intergovernmental agreement between Adams County and CCD. The scenic buffer designation
means the area in the corridor is considered open space, with no permanent structures.
Transportation uses such as roads, rail transit, bikeways, and trails are permitted; however,
permanent structures such as parking garages are excluded (Peña Boulevard Corridor
Management Policy, 2005). Land use in the corridor complies with the scenic buffer designation.

3.4.2 Environmental Consequences
Property impacts were identified as either full or partial acquisitions. A parcel was considered a
full acquisition if the construction impact limits encroached on a structure, removed all
reasonable access, or acquired more than 20 percent of the parcel. A parcel was also
considered a full acquisition if more than 50 percent of the parking area would be impacted. A
parcel was identified as a partial acquisition if the construction impact limits encroached upon
parcel boundaries but did not meet full acquisition requirements.

3.4.2.1     No-Action Alternative
The No-Action Alternative would result in no land acquisitions, displacements, or relocation of
existing uses.

3.4.2.2     Preferred Alternative
Land acquisitions, displacements, and relocations of existing uses associated with the Preferred
Alternative are described in the following subsections. They are categorized as direct, indirect,
and temporary construction.

Direct Impacts
Direct impacts involving land acquisitions, displacements, and relocation of land uses are
discussed in the following text by the alignment, rail spur closures, stations, the roadway
network, and the CRMF.

Alignment
Land acquisition required for the Preferred Alternative alignment would be approximately 230
acres. The majority of these acres lie within existing UPRR ROW (approximately 50 acres) and
CCD ROW (approximately 134 acres). Land acquisitions involving private property would come
from 26 property owners and involve 15 partial acquisitions and 25 full acquisitions
(approximately 33 acres). All 40 properties are classified as commercial/industrial uses. Some
commercial/industrial properties with full acquisitions are vacant lots and do not require
relocations. Some commercial/industrial properties have vacant buildings, which results in
uncertainty with the business relocations. Relocation of approximately 26 businesses would be
required.

A lease or license agreement for approximately 123 acres of the Peña Transportation Corridor
would be required for the Preferred Alternative alignment. Additionally, permanent easements or
intergovernmental agreements for acquisition/use of approximately 24 acres of ROW from other
governmental agencies would need to be obtained (0.36 acres from CDOT, 6.58 acres from the
State of Colorado, 9.69 acres from CCD, 5.84 acres from Aurora, and 1.1 acres from E-470).



3.4-2                                                                                    September 2009
                                                                                 Affected Environment, Environmental
      East Corridor Final Environmental Impact Statement                                Consequences, and Mitigation


      Table 3.4-2 summarizes the land acquisitions associated with private property land uses
      (residential, commercial, and industrial) of the Preferred Alternative alignment. The majority of
      the land required for the Preferred Alternative alignment is either UPRR property or public land
      owned by CCD.

                                                  Table 3.4-2
                                  Land Acquisitions from Private Land Uses for
                                      the Preferred Alternative Alignment
                             Residential                              Commercial/Industrial
                     Number of                                Number of                        Building
                     Properties           Approximate         Properties     Approximate       Square
                   Full      Partial         Acres          Full   Partial      Acres           Feet
                     0          0              0              25     15         32.94          293,930


      Table 3.4-3 lists the full and partial property acquisitions and business relocations associated
      with the Preferred Alternative alignment. The locations of the properties listed in Table 3.4-3 are
      shown on Figure 3.4-1. Approximately 51 acres of railroad property (which also includes one
      BNSF Railway parcel) would also need to be acquired.

                                             Table 3.4-3
                   Summary of Property Acquisitions – Preferred Alternative Alignment

                                                              Acres to
 Map                                                                         Percentage                       Business
                Parcel ID                   Owner                be                        Classification
Number                                                                        Impact2                        Relocations
                                                              Acquired1
                                                   Partial Acquisitions
                                        APCO Capital
  1         0182128002008                                           0.05         5          Commercial           0
                                       Investments Inc.
                                    Pro Logis c/o Thomson
  2         0182128003008                                           0.15         1          Commercial            0
                                    Property Tax Services
                                      Manheim Services                                     Commercial -
  3         0182128007006                                           0.04         0                                0
                                         Corporation                                        Parking Lot
                                      Manheim Services                                     Commercial -
  4         0182128007008                                           0.70         7                                0
                                         Corporation                                        Parking Lot

                                    Gateway East Frontage
  5         0182128100008           LLC and Glenborough               0.38       1          Agricultural          0
                                      Development Inc.

                                                                                             Vacant -
  6         0182129400002              Gateway Land LLC               3.90      34                                0
                                                                                            Commercial
                                       AT&T Information                                     Industrial -
  7         0224300021000                                             1.08       7                                0
                                         Systems Inc.                                         Factory

                                    35th and Blake Street                                  Commercial -
  8         0227120012000                                             0.27      34                                0
                                            LLC                                            Office Building

                                          US Sprint                                         Industrial -
  9         0227120016000                                             0.24      48                                0
                                     Communications Co                                      Warehouse
                                    Depot Street Properties
  10        0227120019000                                             0.03      13         Vacant Land            0
                                             LLC



      September 2009                                                                                           3.4-3
   Affected Environment, Environmental
   Consequences, and Mitigation                             East Corridor Final Environmental Impact Statement


                                          Table 3.4-3
                Summary of Property Acquisitions – Preferred Alternative Alignment

                                                        Acres to
 Map                                                                Percentage                         Business
              Parcel ID                  Owner             be                      Classification
Number                                                               Impact2                          Relocations
                                                        Acquired1
                                 Brown & Snyder
  11       0227120021000                                     0.02        11            Factory              0
                                  Holdings LLC
                                Denver Metropolitan                                  Industrial -
  12       0227400073000                                     3.60        18                                 0
                                      Major                                           Misc Imps
                                Denver Metropolitan                                  Industrial –
  13       0227500083000                                     3.37        19                                 0
                                      Major                                          Misc. Imps.
                                Denver Metropolitan                                  Industrial –
  14       0227900009000              Major                  0.01         1                                 0
                                                                                     Misc. Imps.
                                Denver Metropolitan                                  Industrial –
  15       02279160118000             Major                  0.05         0                                 0
                                                                                     Misc. Imps.
                                              Full Acquisitions
                              Bates Leasing Company                                  Industrial -
  16       0223310013000                                     1.33       100                                 4
                                       Ltd.                                          Warehouse
                              Yamamoto, Haruhisa &                                   Industrial -
  17       0223310015000                                     0.54       100                                 1
                                      Michiko                                        Warehouse
                                                                                     Industrial –
  18       0223310017000      Quigley Properties LLC         0.41       100                                 1
                                                                                     Misc. Imps
                                                                                     Industrial -
  19       0223310019000      Quigley Properties LLC         0.10       100                                 1
                                                                                     Warehouse
                               Hendricks Commercial                                  Industrial -
  20       0224300009000                                     4.55       100                                 1
                                     Property                                          Factory
                                                                                     Industrial -
  21       0224300020000       North York Street LLC         1.26       100                                 1
                                                                                     Warehouse
                                                                                     Industrial -
  22       0224301005000          Nelson, Scott T.           0.28       100                                 1
                                                                                     Warehouse
                                4200 Garfield LLC &                                  Industrial –
  23       0224402006000                                     0.89       100                                 1
                                   Ronald Jones                                      Misc. Imps.
                                4200 Garfield LLC &
  24       0224402007000           Ronald Jones              0.13       100         Vacant Land             0
                                4200 Garfield LLC &
  25       0224402008000           Ronald Jones              0.18       100         Vacant Land             0

                                                                                     Industrial -
  26       0224404004000         4200 Garfield LLC           2.53       100                                 2
                                                                                    Warehouse
                                                                                     Industrial -
  27       0224404005000      4200 Monroe Street LLC         1.05       100                                 1
                                                                                    Warehouse
                                                                                     Industrial -
                              Southern Foods Group
  28       0224408016000                                     1.09       100             Food                1
                                       LP
                                                                                     Processing
                                Denver Metropolitan                                  Industrial –
  29       0227100034000                                     1.25       100                                 0
                                       Major                                        Misc. Imps.
  30       0227103001000         Public Service Co.          0.11       100         Vacant Land             0
                                Blake Industrial Park                                Industrial -
  31       0227103002000                                     0.44       100                                 3
                                        LLC                                            Factory
                                Blake Industrial Park
  32       0227103003000                LLC                  0.02       100         Vacant Land             0


   3.4-4                                                                                      September 2009
                                                                                   Affected Environment, Environmental
    East Corridor Final Environmental Impact Statement                                    Consequences, and Mitigation


                                           Table 3.4-3
                 Summary of Property Acquisitions – Preferred Alternative Alignment

                                                              Acres to
 Map                                                                         Percentage                          Business
              Parcel ID                   Owner                  be                          Classification
Number                                                                        Impact2                           Relocations
                                                              Acquired1
                                  Blake Industrial Park
  33      0227103018000                   LLC                        0.19        100          Vacant Land                 0

                                                                                               Industrial -
  34      0227103023000               John Watson                    0.48        100          Auto Service                1
                                                                                                 Garage
                                  Blake Industrial Park
  35      0227103024000                                              0.25        100            Industrial                2
                                          LLC
                                                                                               Industrial -
                                  Blake Industrial Park
  36      0227103025000                                              0.28        100          Auto Service                2
                                          LLC
                                                                                                 Garage

                                                                                             Commercial -
  37      0227103028000             Blake Realty LLC                 0.23        100                                  1
                                                                                             Office Building

                                                                                               Industrial –
  38      0227103029000          3601 Blake Street LLC               0.02        100                                      0
                                                                                               Misc. Imps.

                                                                                             Commercial -
  39      0227103030000                  KPH LLC                     0.18        100                                      1
                                                                                             Office Building

                                                                                               Industrial -
  40      0227115004000              York-Blake LLC                  1.26        100                                      1
                                                                                               Warehouse

 Total                                                              32.94                                             26
    Source: Adams County, 2008 and CCD, 2009.
    Misc. Imps. = Miscellaneous improvements
    1. Numbers are approximate, rounded, and are based on information available from CCD and Adams County.
    2. Impacts greater than 20 percent are assumed as full acquisitions; however, some partial acquisitions are shown
        as greater than 20 percent. These properties have circumstances that will be negotiated as part of the property
        acquisition process.



    Railroad Spur Closures and Property Leases
    Construction of the Preferred Alternative would impact five rail spurs and result in the closure of
    three rail spurs. Service on two spurs near Peoria Street has already been discontinued and will
    not result in a closure. Information provided by UPRR identified the service on the three spurs
    between Colorado Boulevard and Quebec Street to four businesses. While these businesses
    are not physically impacted by the alignment, closure of the rail service does affect the
    businesses. The cost of operations to change from rail service to trucking service may be too
    severe or unfeasible for a business to maintain operations in that location resulting in potential
    indirect impacts.

    Relocation of such a business would be different from the methodology identified previously in
    determining relocations, as the actual parcel would not be purchased. Relocation assistance is
    categorized as reestablishment costs and move costs. Reestablishment costs are limited to
    $10,000 per displaced business and include expenses associated with setting up a business in
    a new location. Move costs are unlimited, but they must be reasonable and actual.



    September 2009                                                                                                 3.4-5
 Affected Environment, Environmental
 Consequences, and Mitigation                                   East Corridor Final Environmental Impact Statement


 Property owners adjacent to the railroad corridor sometimes obtain leases to occupy railroad
 property for access or physical improvements. Such leases may be impacted by the Preferred
 Alternative. Similarly, if adjacent owners have encroached upon railroad property with fences or
 outbuildings, those improvements may be impacted by the Preferred Alternative.

 Stations
 The acquisition of approximately 59 acres would be required for the stations. The acquisitions
 would include five full acquisitions of residential properties with six relocations. Additionally, the
 Preferred Alternative station footprints would require 21 full acquisitions of commercial/industrial
 properties with 13 business relocations. Forty nine partial acquisitions would also be needed.
 Some commercial/industrial properties with full acquisitions are vacant lots and do not require
 relocations. Some commercial/industrial properties have vacant buildings, which results in
 uncertainty with the potential business relocations. Table 3.4-4 summarizes the required
 property acquisitions for the Preferred Alternative stations.

 Two hundred parking spaces would be provided at the Colorado station park-n-Ride on opening
 day (2015). Structured parking at the site would occur between 2015 and 2030 as expansion of
 the park-n-Ride is warranted. All but one of the residential acquisitions are located at the site of
 the Colorado station park-n-Ride structure.

                                          Table 3.4-4
         Land Acquisitions from Private Land Uses for the Preferred Alternative Stations

                                       Residential                             Commercial/Industrial
         Station1             Number of                              Number of                             Building
                              Properties         Approximate         Properties          Approximate
                                                                                                           Square
                                                    Acres                                   Acres
                             Full    Partial                        Full    Partial                         Feet
38th/Blake                    0          0              0            5          5              4.99         10,161
Colorado2                     5          0           1.05            8         21              2.70         53,250
Central Park                  0          0              0            1          3             21.31              0
Peoria                        0          0              0            7         20             29.37          1,240
40th/Airport                  0          0              0            0          0                 0              0
Total                         5          0           1.05           21         49             58.37         64,651
 1
   Improvements to the roadway network required by the station location are included in the station ROW
 requirements.
 2
   The Colorado station park-n-Ride facility and the associated ROW acquisitions will be phased as necessary between
 opening day and 2030. The numbers in the table are for 2030.




 3.4-6                                                                                             September 2009
                                                                                                                           Affected Environment, Environmental
East Corridor Final Environmental Impact Statement                                                                                Consequences, and Mitigation


                                                                                                                                            Figure 3.4-1
                                                                                                             Locations of Private Property Acquisitions




            Note: Map numbers with (*) are impacted differently by Smith Road Realignment Design Option 1.




September 2009                                                                                                                                           3.4-7
Affected Environment, Environmental
Consequences, and Mitigation          East Corridor Final Environmental Impact Statement




                                              This page intentionally left blank.




3.4-8                                                                   September 2009
                                                                                    Affected Environment, Environmental
         East Corridor Final Environmental Impact Statement                                Consequences, and Mitigation


         Table 3.4-5 lists the full and partial property acquisitions and business relocations associated
         with the Preferred Alternative stations. The locations of the properties listed in Table 3.4-5 are
         indicated on Figure 3.4-1.

                                                  Table 3.4-5
                         Summary of Property Acquisitions – Preferred Alternative Stations

                                                              Acres to
 Map                                                                      Percentage                                    Business
             Parcel ID                  Owner                    be                    Classification     Station
Number                                                                     Impact2                                     Relocations
                                                              Acquired1
                                                         Partial Acquisition
                              First California Investments
  41      0182325201016             c/o First Industrial          0.08          3        Commercial       Peoria             0
                                 Management Services
                              Koll/Per Gateway LLC c/o
  42      0182325201017       The Koll Company/ Laurie            0.14          2        Commercial       Peoria             0
                                        Riddle

                                Iron Mountain Records
  43      0182326101025                                           0.06          2        Commercial       Peoria             0
                                   Management INC

  44      0182326101037              AHCO 6 LLC                   0.19          4        Commercial       Peoria             0

  45      0182326101039          Sun Empire VII LLC               0.05          2        Commercial       Peoria             0

  46      0182326101042           3250 Oakland LLC                0.09          3        Commercial       Peoria             0

                              Merritt Everett 1/5 Int and
  47      0182326101048       Merritt Everett T/Sharon A          0.13          4         Industrial      Peoria             0
                                        4/5 Int

  48      0182326101051            Vanegas Neftaly                0.14          3        Commercial       Peoria             0

                               Oakland Business Park
  49      0182326101052                                           0.14          3        Commercial       Peoria             0
                                       LLC
  50      0182326102009           Miri Leshem Trust               0.15          8        Commercial       Peoria             0

  51      0182326103001             Peoria 33 LLC3                0.10          4        Commercial       Peoria             0
                               Michael V. Zawacki and
  52      0182326103005                                           0.07         15        Commercial       Peoria             0
                                 Heather L. Zawacki
                                Domenico Family Real
                              Estate Company LLP UND
  53      0182326103011                                           0.08         14        Commercial       Peoria             0
                               1/2 Int/Land Associates
                                    LLC UND 1/2
                              Hieng V. Nguyen and Thoa
  54      0182326103020                                           0.08         17        Commercial       Peoria             0
                                      T. Nguyen
  56      0182326103022           Peoria K & H LLC                0.12         18        Commercial       Peoria             0
                               ABS Properties LLC c/o
  57      0182326104003                                           0.22          2        Commercial       Peoria             0
                                   Linda Beagell
                               Robert L. Pettyjohn and
  58      0182326105006                                           0.00          0         Industrial      Peoria             0
                                Beth Ann Pettyjohn
  59      0182326105007            Peoria Mart LLC                0.22         10        Commercial       Peoria             0




         September 2009                                                                                             3.4-9
         Affected Environment, Environmental
         Consequences, and Mitigation                                  East Corridor Final Environmental Impact Statement


                                                  Table 3.4-5
                         Summary of Property Acquisitions – Preferred Alternative Stations

                                                           Acres to
 Map                                                                     Percentage                                       Business
             Parcel ID                 Owner                  be                         Classification       Station
Number                                                                    Impact2                                        Relocations
                                                           Acquired1

                                Daniel C. Gardner and
  60      0182326105008         James A. Gardner c/o           0.09              3          Industrial         Peoria          0
                                  George Stephens

                                  Brown Investment
  61      0182326105009                                        0.08              3        Commercial           Peoria          0
                                     Company
                                                                                                              Central
  62      0121301012000                 CCD                    3.00             41        Vacant Land          Park            0
                                                                                                             Boulevard
                                                                                                              Central
  63      0121301013000                 CCD                    0.94             23        Vacant Land          Park            0
                                                                                                             Boulevard
                                                                                                              Central
           No Parcel ID
  64                                    CCD                    3.11            N/A        Vacant Land          Park            0
             Number
                                                                                                             Boulevard
  65      0224414010000        Belliveau Holdings LLC          0.00             >1        Warehouse           Colorado         0
  66      0224414017000         Bronson, Dennis Lee            0.00              1         Industrial         Colorado         0
                                                                                         Commercial -
  67      0224416005000           4101 Group LLLP              0.06             18                            Colorado         0
                                                                                             Retail
                                                                                          Industrial -
  68      0224416019000           Jackson Four LLC             0.01              1                            Colorado         0
                                                                                          Warehouse
                              Wells, Richard, F & LANA                                    Industrial -
  69      0224416026000                                        0.01              3                            Colorado         0
                                          C                                               Warehouse
                                                                                          Industrial -
  70      0224416030000          4141 Colorado LLC             0.04              3                            Colorado         0
                                                                                          Warehouse
                                                                                           Industrial -
  71      0224418004000             Pynergy LLC                0.01              1                            Colorado         0
                                                                                         Service Station
                                                                                         Commercial -
  72      0224418008000          Nolberto Rodriguez            0.03              3                            Colorado         0
                                                                                          Restaurant
                              Phillips Investment Groups
  73      0224418009000                                        0.00             >1        Vacant Land         Colorado         0
                                          LLC
                                                                                         Industrial, Auto
  74      0224418011000        Blueline Properties LLC         0.07             10           Service          Colorado         0
                                                                                             Garage
                                  Johsnon MGMT
  75      0224418012000                                        0.00              2        Vacant Land         Colorado         0
                                  Consultants LLC
  76      0224419002000              Jon C. Cook               0.02              6          Industrial        Colorado         0

  77      0224419003000           Sandra L. Roberts            0.02              8          Industrial        Colorado         0

  78      0224419004000              Brian Carter              0.00              2          Industrial       Colorado          0

  79      0224419007000           Sandra L. Roberts            0.01              4          Industrial        Colorado         0

  80      0224419008000        Forty First Avenue LLC          0.00              1          Industrial        Colorado         0

  81      0224419009000              Brian Carter              0.00              2          Industrial       Colorado          0

  82      0224420014000           Strong Properties            0.00              1          Industrial        Colorado         0


         3.4-10                                                                                             September 2009
                                                                                     Affected Environment, Environmental
         East Corridor Final Environmental Impact Statement                                 Consequences, and Mitigation


                                                  Table 3.4-5
                         Summary of Property Acquisitions – Preferred Alternative Stations

                                                              Acres to
 Map                                                                       Percentage                                    Business
             Parcel ID                 Owner                     be                     Classification     Station
Number                                                                      Impact2                                     Relocations
                                                              Acquired1

  83      0224420015000         Grand Spectrum LLC                0.01           2         Industrial     Colorado            0

  84      0224420016000         Grand Spectrum LLC                0.00          >1         Industrial     Colorado            0

  85      0224430074000        3975 Colorado Blvd LLC             0.00          >1             IO         Colorado            0

  86      0223301009000        Tim O'Connell & Family             0.00           2         Industrial     38th/Blake          0

                                                                                            Vacant -
  87      0223303038000          Bottling Group LLC               0.08           3                        38th/Blake          0
                                                                                           Industrial
                                                                                          Industrial -
  88      0223306001000          Bottling Group LLC               0.00          >1                        38th/Blake          0
                                                                                          Warehouse
                                                                                            Vacant -
  89      0223307009000          Bottling Group LLC               0.00          >1                        38th/Blake          0
                                                                                           Industrial
                              Purple Mountain Ventures
  90      0227106002000                                           0.00           1        Industrial I1   38th/Blake          0
                                        LLC
                                                         Full Acquisitions
  91      0182325201001         Land Associates LLC                 0.11       100        Commercial       Peoria             1

  92      0182326101040        Himmelman Allen, et al               0.45       100         Industrial      Peoria             0

                               Pro Logis c/o Thomson
  93      0182326101047                                             2.76       100        Commercial       Peoria             0
                               Property Tax Services
                                                                                            Vacant -
  94      0182326101049        Furniture Row Colo LLC               8.58       100                         Peoria             0
                                                                                           Industrial
                                                                                            Vacant -
  95      0182326101050               VPG LLC                       8.55       100                         Peoria             0
                                                                                           Industrial
                              Aggregate Industries-WCR                                      Vacant -
  96      0182326101053                                             6.43       100                         Peoria             0
                                         Inc                                               Industrial
                                Chester N. Hewett and
  55      0182326103021                                             0.29       100        Commercial       Peoria             1
                                 Charlyne C. Hewett
                                                                                                           Central
  97      0121400086000                 CCD                        14.26       100       Vacant Land        Park              0
                                                                                                          Boulevard
  98      0224413005000             Morel Lerma                     0.14       100        Residential     Colorado            0
  99      0224413006000         Morel Lerma Terrazas                0.07       100         Industrial     Colorado            0

 100      0224413007000        Augustine A. Villalobos              0.14       100        Residential     Colorado            0

 101      0224413008000              Adan Lerma                     0.29       100        Residential     Colorado            0

 102      0224413010000       Swalm Family Partnership              0.72       100         Industrial     Colorado            1

 103      0224413011000            Daniel T. Hogan                  0.14       100         Industrial     Colorado            1

 104      0224413012000              Monroe LLC                     0.50       100         Industrial     Colorado            1

 105      0224413016000           Michael A. Hogan                  0.28       100        Residential     Colorado            0

 106      0224414006000          Olga Lozano Garcia                 0.19       100        Warehouse       Colorado            1



         September 2009                                                                                             3.4-11
         Affected Environment, Environmental
         Consequences, and Mitigation                                       East Corridor Final Environmental Impact Statement


                                                  Table 3.4-5
                         Summary of Property Acquisitions – Preferred Alternative Stations

                                                             Acres to
 Map                                                                          Percentage                                      Business
             Parcel ID                  Owner                   be                            Classification     Station
Number                                                                         Impact2                                       Relocations
                                                             Acquired1
                                  Empire Construction
 107      0224414007000                                              0.19           100         Industrial       Colorado          1
                                       Services
                                                                                               Residential -
 108      0224414009000            Sandra L. Roberts                 0.19           100                          Colorado          0
                                                                                                 Duplex
 109      0224414019000        Swalm Family Partnership              0.48           100         Industrial       Colorado          3

 110      0224414022000            John J. Lebonville                0.10           100         Industrial       Colorado          1
                                                                                               Industrial -
 111      0223302003000            Allied Trades Inc.                0.77           100                         38th/Blake         0
                                                                                               Misc. Imps.
                                                                                               Industrial -
 112      0223309002000            Allied Trades Inc.                0.76           100                         38th/Blake         2
                                                                                               Warehouse
                                                                                               Industrial -
 113      0223309005000            Allied Trades Inc.                0.38           100                         38th/Blake         0
                                                                                               Misc. Imps.
                                Michael C. Goldberg &
                                                                                               Industrial -
 114      0223309006000        Bruce W. & Allied Trades              1.47           100                         38th/Blake         0
                                                                                               Misc. Imps.
                                         Inc.
                                                                                               Industrial -
 115      0223309008000            Allied Trades Inc.                1.53           100                         38th/Blake         0
                                                                                               Misc. Imps.
 Total                                                             59.42                                                          13
         Source: Adams County, 2008 and CCD, 2009.
         Misc. Imps. = Miscellaneous improvements
         1. Numbers are approximate, rounded, and are based on information available from CCD and Adams County.
         2. Impacts greater than 20 percent are assumed as full acquisitions; however, some partial acquisitions are shown
             as greater than 20 percent. These properties have circumstances that will be negotiated as part of the property
             acquisition process.
         3. This property is no longer in the assessor database as a result of parcel development. There is still a partial
             acquisition of this property.


         Roadway Network
         Construction of the Preferred Alternative would affect the surrounding roadway network in
         several locations. Impacts to properties as a result of roadway improvements required by station
         locations are included in the station discussion.

         Approximately 18.5 acres from 31 private property owners would be required for roadway
         improvements. One residential acquisition and relocation would be required.
         Commercial/industrial acquisitions include 13 full acquisitions, 10 business relocations, and 21
         partial acquisitions. Some commercial/industrial properties with full acquisitions are vacant lots
         and do not require relocations. Some commercial/industrial properties have vacant buildings,
         which results in uncertainty with the number of potential business relocations. Approximately 1
         acre would be required from the Park Hill Golf Course. Table 3.4-6 summarizes the required
         property acquisitions for the roadway improvements required by the Preferred Alternative.

         Table 3.4-7 lists the full and partial property acquisitions and business relocations associated
         with the Preferred Alternative roadway improvements. Approximately 1.6 acres from CCD ROW
         would also need to be acquired. The locations of the properties listed in Table 3.4-6 are
         indicated in Figure 3.4-1.



         3.4-12                                                                                                September 2009
                                                                                         Affected Environment, Environmental
       East Corridor Final Environmental Impact Statement                                       Consequences, and Mitigation


                                                    Table 3.4-6
                                 Land Acquisitions from Private Land Uses for the
                                   Preferred Alternative Roadway Improvements
                 Residential                              Commercial/Industrial                          Recreational
           Number            Number               Number            Number          Building    Number of           Number of
        of Properties      Approximate        of Properties       Approximate       Square      Properties         Approximate
       Full    Partial        Acres          Full    Partial         Acres           Feet      Full  Partial          Acres
         1        1            0.07            13          21        17.49          239,527      0          1              0.94


                                               Table 3.4-7
             Summary of Property Acquisitions – Preferred Alternative Roadway Improvements
                                                                      Acres to
 Map                                                                                Percentage                                 Business
               Parcel ID                     Owner                       be                           Classification
Number                                                                               Impact2                                  Relocations
                                                                     Acquired1
                                                           Partial Acquisition
                                                                                                      Industrial - Misc.
 116         0119300009000        George W. Clayton Trust                    0.94        1                                            0
                                                                                                         Recreation

 117         0119303001000       Park Hill Land Holdings LLC                 0.01        >1             Vacant Land                   0

                                                                                                         Industrial -
 118         0119400111000                   KIMCO                           0.03        1                                            0
                                                                                                         Warehouse
                                                                                                         Industrial -
 119         0119400193000                  K2C2 LLC                         0.05        3                                            0
                                                                                                         Warehouse
                               Edmund P. Gubanich and Carol                                              Industrial -
 120         0119400212000                                                   0.13        11                                           0
                                      A. Gubanich                                                        Warehouse
                                                                                                     Industrial - Printing
 121         0119400237000                  5200 LLC                         0.02        >1                                           0
                                                                                                            Plant

 122         0120300056000                Appleman LLC                       0.26        5           Industrial - Dealer              0

                                                                                                      Industrial - Auto
 123         0120300146000            Ryder Truck Rental Inc.                0.27        7                                            0
                                                                                                      Service Garage
                                                                                                       Residential -
 124         0120300170000            Denver Rescue Mission                  0.00        >1                                           0
                                                                                                      Boarding Home
                                                                                                       Commercial -
 125         0120300171000       Haile Michael Gebre-Michael                 0.08        17                                           0
                                                                                                       Office Building
                                                                                                         Industrial -
 126         0120400019000     Bomar Real Estate Holding Inc.                0.01        >1                                           0
                                                                                                         Warehouse

 127         0182129000009       Colorado Interstate Gas CO                  0.07        3                Industrial                  0

 128         0182129000029                  Solis Angel                      0.01        >1             Commercial                    0

                               Marquis, John and Marquis Kay
 129         0182129003001                                                   0.04        3              Commercial                    0
                                             M.

 130         0182130011003     Magellan Pipeline Terminals LP                0.03        >1               Industrial                  0


 131         0182130011005     Magellan Pipeline Terminals LP                0.02        1                Industrial                  0




       September 2009                                                                                                        3.4-13
         Affected Environment, Environmental
         Consequences, and Mitigation                                   East Corridor Final Environmental Impact Statement


                                               Table 3.4-7
             Summary of Property Acquisitions – Preferred Alternative Roadway Improvements
                                                                   Acres to
 Map                                                                            Percentage                              Business
                  Parcel ID                 Owner                     be                         Classification
Number                                                                           Impact2                               Relocations
                                                                   Acquired1

 132         0182130011013           Roadway Express Inc.                0.01        >1              Industrial               0

 133         0182130011015                 2951 LLC                      0.00         2            Commercial                 0

                                 Pro Logis Third US Properties
 134         0182326101028                                               0.17         4            Commercial                 0
                                              LP

 135         0182326101032      Aurora Smith Rd. Ventures LLC            0.10         2            Commercial                 0

                                                                                                 Industrial - Auto
 136         0224300010000        Ali Mohammad Saadatkhah                0.18         4                                       0
                                                                                                 Service Garage
                                                          Full Acquisitions
 137         0119300014000          DAST-Texas Properties                0.27        100           Vacant Land                0

 138         0119300015000          DAST-Texas Properties                0.06        100           Vacant Land                0

 155         0119302080000          Park Hill Residential LLC            0.10        100           Vacant Land                0

                                                                                                Industrial - Service
 139         0119400048000                Bashir Rasul                   0.50        100                                      1
                                                                                                      Station
                                                                                                   Industrial -
 140         0119400184000      RBF Family Limited Partnership           2.32        100                                      2
                                                                                                   Warehouse
                                 4882 Smith Road Warehouse                                         Industrial -
 141         0119400203000                                               0.94        100                                      1
                                            LLLP                                                   Warehouse

 142         0223400013000       G & M Trailer Repair of CO Inc          4.38        100        Industrial - Factory          1

                                                                                                   Industrial -
 143         0224300002000           North York Street LLC               2.10        100                                      1
                                                                                                   Warehouse
                                                                                                   Industrial -
 144         0224300007000       VVP America Acquisition LLC             3.79        100                                      2
                                                                                                   Warehouse
                                                                                                  Commercial -
 145         0224300016000               Terry L. Baker                  0.14        100                                      1
                                                                                                   Restaurant

 146         0224300019000           North York Street LLC               0.96        100        Vacant - Industrial           0

                                                                                                  Commercial -
 147         0224300045000          A D Grayson Investment               0.27        100                                      1
                                                                                                   Restaurant
                                                                                                  Residential –
 148         0224304007000             Marilyn J. Stwalley               0.07        100                                      0
                                                                                                  Single-Family

 149         0224307008000              James D. Urban                   0.17        100        Vacant - Industrial           0

 Total                                                                 18.49                                                 10
         Source: Adams County, 2008 and CCD, 2009.
             1. Numbers are approximate, rounded, and are based on information available from CCD and Adams County.
             2. Impacts greater than 20 percent are assumed as full acquisitions, however, some partial acquisitions are
                 shown as greater than 20 percent. These properties have circumstances that will be negotiated as part of
                 the property acquisition process.



         3.4-14                                                                                            September 2009
                                                                                      Affected Environment, Environmental
         East Corridor Final Environmental Impact Statement                                  Consequences, and Mitigation


         The Smith Road Realignment Design Option 1 would require an acquisition of an additional 5
         acres of property from the Park Hill Golf Course as compared to the Preferred Alternative.
         Table 3.4-8 lists the partial property acquisitions and business relocations that are different than
         the Preferred Alternative.

                                              Table 3.4-8
               Summary of Property Acquisitions – Smith Road Realignment Design Option 1
                                                                  Acres to
 Map1                                                                           Percentage                             Business
               Parcel ID                    Owner                    be                          Classification
Number                                                                           Impact3                              Relocations
                                                                 Acquired2
                                                       Partial Acquisition
                                                                                                 Industrial – Misc.
 116         0119300009000          George W. Clayton Trust              5.87         4                                        0
                                                                                                    Recreation

 117         0119303001000        Park Hill Land Holdings LLC            0.09         1            Vacant Land                 0

 Total                                                                   5.96                                                  0
         Source: Adams County, 2008 and CCD, 2009.
             1. Map numbers are the same as in the Preferred Alternative.
             2. Numbers are approximate, rounded, and are based on information available from CCD and Adams County.
             3. Impacts greater than 20 percent are assumed as full acquisitions, however, some partial acquisitions are
                 shown as greater than 20 percent. These properties have circumstances that will be negotiated as part of
                 the property acquisition process.



         The 40th Avenue Design Option 2 would require the partial acquisition of four additional parcels
         and additional Peña Transportation Corridor ROW. The increase in ROW is negligible when
         compared to the Preferred Alternative. Table 3.4-9 lists the partial property acquisitions
         associated with the 40th Avenue Design Option 2. The locations of the properties listed in Table
         3.4-9 are indicated in Figure 3.4-1.

                                                Table 3.4-9
                       Summary of Property Acquisitions – 40th Avenue Design Option 2
                                                              Acres to
    Map                                                                  Percentage                                Business
                    Parcel ID                Owner              be                            Classification
   Number                                                                  Impact                                 Relocations
                                                             Acquired*
                                                    Partial Acquisitions
                                         Gateway East
         A      0021300005000                                      0.21      17                Vacant Land              0
                                        Residential LLC
                                         Glenborough
         B      0021300006000                                      0.26      >1                Vacant Land              0
                                       Development LLC
                                         Glenborough
         C      0182121302005                                      0.24      19                Vacant Land              0
                                       Development LLC
                                         Glenborough
         D      0182121302006                                      0.24       1                Commercial               0
                                       Development LLC

    Total                                                              0.95                                             0
         Source: Adams County, 2008 and CCD, 2009.
         *Numbers are approximate, rounded, and are based on information available from CCD and Adams County.




         September 2009                                                                                               3.4-15
         Affected Environment, Environmental
         Consequences, and Mitigation                                  East Corridor Final Environmental Impact Statement


         Commuter Rail Maintenance Facility
         The size of the CRMF is approximately 30 acres, but would only require the acquisition of
         approximately 3.39 acres of property and would not result in the relocation of any businesses.
         The property acquisitions for the CRMF include small strips of BNSF Railway Company ROW
         and partial acquisitions of two commercial/industrial parcels. The remaining property located
         within the Fox North site would already be required by development of the shared alignment
         between DUS and the CRMF of the Gold Line and Northwest Rail commuter rail projects.

         Table 3.4-10 presents the property acquisitions and business relocations associated with the
         CRMF. The locations of the properties listed in Table 3.4-10 are indicated in Figure 3.4-1.

                                                 Table 3.4-10
                  Summary of Property Acquisitions – Preferred Alternative CRMF Fox North Site
                                                           Acres to
 Map                                                                  Percentage                                    Business
                  Parcel ID             Owner                be                            Classification
Number                                                                  Impact                                     Relocations
                                                         Acquired*
                                                      Full Acquisition
 150        0215300070000           Owens Corning               0.10          20              Industrial                0

 151        0182515204006           Owens Corning               1.21          10            Commercial                  0

                                    BNSF Railway                                             Industrial -
 152        0215300042000                                       0.58          100                                       0
                                      Company                                                 Railroad
                                    BNSF Railway                                             Industrial -
 153        0215300036000                                       0.04          100                                       0
                                      Company                                                 Railroad
                                    BNSF Railway                                             Industrial -
 154        0182515204003                                       1.46          100                                       0
                                      Company                                                 Railroad
 Total                                                          3.39                                                    0
         Source: CRMF Supplemental Environmental Assessment (SEA) (RTD, 2009a, p. 3-8).
         *Numbers are approximate, rounded, and are based on information available from CCD and Adams County.



         Summary of Direct Impacts (Alignment, Rail Spur, Stations, Roadway Network,
         and CRMF)
         Full acquisition of six residential properties would be required, resulting in the relocation of
         seven residences, which totals approximately one acre. Full acquisition of 58 commercial/
         industrial properties would be required, resulting in approximately 49 business relocations
         (several properties are vacant) and partial acquisition of 86 to 90 properties, which totals
         approximately 110 to 111 acres. Acquisition of approximately 54 acres of railroad ROW would
         be required. A lease or license agreement for 123 acres of the Peña Transportation Corridor
         would be required as well as permanent easements or intergovernmental agreements for
         acquisition/use of approximately 24 acres of ROW from other governmental agencies (CDOT,
         State of Colorado, CCD, Aurora, and E-470).

         Indirect Impacts
         The Preferred Alternative would result in no indirect impacts associated with land acquisitions,
         displacements, or relocation of existing uses.




         3.4-16                                                                                             September 2009
                                                                   Affected Environment, Environmental
East Corridor Final Environmental Impact Statement                        Consequences, and Mitigation


Temporary Construction Impacts
Construction of the Preferred Alternative would affect some adjacent public and private
properties with construction easements for temporary land use. These easements will be
identified during the design phase.

Secondary and Cumulative Impacts
ROW acquisition resulting in residential or business relocation would be one of the largest
impacts associated with implementation of the Preferred Alternative. Property acquisition has
been associated with numerous transportation improvements since the 1960s, most notably
when I-70 was initially constructed. Today, the acquisition process is a result of urban
expansion east of downtown Denver and redevelopment efforts as the Denver area continues to
urbanize.

Current available housing and business location stock exceeds potential relocation
requirements by the East Corridor project. Housing and business location stock is currently
available within the same communities and zip codes as the relocations potentially required by
the East Corridor. Although housing market conditions are difficult to forecast with absolute
certainty, future housing stock conditions look favorable for future relocatees based on existing
available housing and forecasts. Furthermore, prospects for future housing availability is
positive due to extensive planned development and redevelopment projects such as DUS,
Stapleton, Gateway, Green Valley Ranch, High Point, and other planned developments. These
same projects also provide business relocation opportunities.

Based on favorable housing stock and business location conditions and forecasts, no
cumulative relocation impacts are expected from the East Corridor project.

3.4.3 Mitigation
Table 3.4-11 summarizes the impacts related to land acquisitions, displacements, and
relocations of existing uses associated with the Preferred Alternative and mitigation measures.

Property impacts have been minimized and avoided as much as possible through the
refinement of the Preferred Alternative. RTD, UPRR, CCD, and Aurora have collaborated to
accomplish the following:
    • Maximize East Corridor use of railroad property without impacting operations.
    • Maximize East Corridor use of public ROW.
    • Provide a corridor protection barrier between UPRR freight tracks and the East Corridor
       commuter rail tracks where its use would result in less private property impacts.
    • Minimize roadway and trackway widths through engineering design.




September 2009                                                                                 3.4-17
Affected Environment, Environmental
Consequences, and Mitigation                              East Corridor Final Environmental Impact Statement


                                     Table 3.4-11
Impacts and Mitigation Related to Land Acquisitions, Displacements, and Relocations of
                Existing Uses Associated with the Preferred Alternative
                       Impacts                                            Mitigation
 Direct Impacts                                       •   For any person(s) whose real property
 • Full acquisition of 6 residential properties and       interests would be affected by the Preferred
     the relocation of 7 residences.                      Alternative, the acquisition of those property
 • Full acquisition of 58 commercial/industrial           interests would comply fully with the Uniform
     properties with 49 business relocations              Act and its amendments.
     (several properties are vacant) and partial      •   Where the acquired improvements are
     acquisition of 86 to 90 properties.                  occupied, relocate those individuals from the
 • Acquisition of approximately 54 acres of               subject property (residential or business) to
     railroad ROW.                                        replacement sites.
 • Lease or license agreement for approximately       •   When feasible, provide any person scheduled
     123 acres of the Peña Transportation                 to be displaced with a general written
     Corridor.                                            description of the RTD relocation program.
                                                          Provide notification to indicate that the
 • Permanent easements, use and occupancy
                                                          displaced person(s) will not be required to
     agreements, common use agreements, and/or
                                                          move without at least 90 days’ advance
     intergovernmental agreements for
                                                          written notice. For residential relocations, this
     acquisition/use of approximately 24 acres of
                                                          notice cannot be provided until a written offer
     ROW from other governmental agencies
                                                          to acquire the subject property has been
     (CDOT, State of Colorado, CCD, Aurora, and
                                                          presented and at least one comparable
     E-470).
                                                          replacement dwelling has been made
                                                          available.
                                                      •   Relocation payments provided to displaced
                                                          businesses are determined by federal
                                                          eligibility guidelines.
                                                      •   An informational meeting will be held for
                                                          businesses being relocated. The meeting will
                                                          provide an introduction and overview of the
                                                          process associated with the Uniform Act, as
                                                          well as consolidated information on resources
                                                          available, including assistance from local,
                                                          state, and federal agencies and private
                                                          agencies in the community. The meeting will
                                                          not provide details related to individual
                                                          eligibility.
 Indirect Impacts                                     •   No mitigation required.
 • No impacts.
 Temporary Construction Impacts                       •   Coordinate the use of the property with the
 • Use of property for temporary construction             specific property owner for any property
     easements as determined during design.               where a temporary construction easement is
                                                          required.
 Secondary and Cumulative Impacts                     •   No mitigation required.
 • No impacts.




3.4-18                                                                                      September 2009
                                                                    Affected Environment, Environmental
East Corridor Final Environmental Impact Statement                         Consequences, and Mitigation


3.5     HISTORIC AND ARCHAEOLOGICAL CULTURAL RESOURCES
Discussion of cultural resources in the project area, which includes both historic and
archaeological sites, is divided into two sections. The first section focuses on historic resources
and the second section on archaeological resources (including paleontological sites).
Figure 3.5-1 shows the area of potential effect (APE) for historic, archaeological, and cultural
resources that was developed through consultation with the State Historic Preservation Office
(SHPO). Impacts and mitigations to historic resources can be found in Table 3.5-4 and
archaeological resources in Table 3.5-5.

Several laws, regulations, executive orders, and guidelines establish the need and method for
considering historic, archeological, or cultural resources during the planning process for federal
projects. Applicable federal laws and regulations include:
    • National Historic Preservation Act of 1966, as amended
    • Archaeological Resources Protection Act of 1979, as amended
    • Native American Graves Protection and Repatriation Act of 1990
    • Section 106 of the National Historic Preservation Act, as amended
    • Advisory Council on Historic Preservation (ACHP) regulations

This analysis was conducted in accordance with these and other laws, regulations, executive
orders, and guidelines that direct the consideration of cultural resources for federal projects. The
paleontological study for this project was conducted in accordance with the laws, ordinances,
regulations, and the professional standards and guidelines established by the Society of
Vertebrate Paleontology (1995) that are applicable to paleontological resources in the project
area.

Section 106/National Environmental Policy Act
Pursuant to 36 Code of Federal Regulations (CFR) §800.8, it is acceptable to use the NEPA
process to satisfy the Section 106 requirements. This provides an opportunity to streamline the
historic property compliance. It effectively defers most standard correspondence between the
transportation agencies and SHPO until release of the DEIS, at which point SHPO will comment
on the Section 106 issues. SHPO and ACHP were issued a letter on September 6, 2006, stating
the intent for the East Corridor EIS to use the NEPA process for Section 106 purposes. This
letter is included in Volume II, Appendix B, Agency Coordination, of this FEIS. To fulfill the
Section 106 requirements through the NEPA process, this FEIS serves as consultation with
SHPO and consulting parties concerning determinations of effect.

Section 106 of the National Historic Preservation Act also mandates that federal agencies allow
interested entities the opportunity to serve as consulting parties in this process. In Colorado,
responsibility for cultural resources lies with the Office of Archaeology and Historic Preservation
(OAHP) within the Colorado Historical Society. Staff from both of these offices, along with
representatives from federal agencies, local governments, and individuals participated in the
East Corridor Section 106 consultation process (i.e., as consulting parties). Discussions with
SHPO and other project agency representatives identified the following potential consulting
parties:
    • Colorado Railroad Museum                              • National Trust for Historic
    • Aurora Historic Sites Division                            Preservation
    • Colorado Preservation Incorporated                    • Denver Landmark Preservation
    • High Line Canal Preservation                              Commission
        Association                                         • Native American Tribes
    • Historic Denver

September 2009                                                                                    3.5-1
Affected Environment, Environmental
Consequences, and Mitigation                                      East Corridor Final Environmental Impact Statement


Of these consulting parties, the National Trust for Historic Preservation, Colorado Railroad
Museum, and Historic Denver requested to be consulting parties.

Table 3.5-1 provides a summary of the Section 106 consultation process. This consultation will
continue through the conclusion of the Section 106 process.

                                            Table 3.5-1
                            Summary of Section 106 Consultation Process
        Date of Letter
                                                                     Description
  Outgoing       Incoming
   6/15/05                    Invitation letter sent to consulting parties.
   6/16/05                    Request for concurrence on APE and methodology for historic survey.
                              Response from SHPO to 6/16/05 letter concurring with APE and methodology for
                  6/23/05
                              historic survey.
                  6/30/05     Response from National Trust for Historic Preservation to become consulting party.
                  7/1/05      Response from Historic Denver to become consulting party.
                  No date     Response from Colorado Railroad Museum to become consulting party.
                              Letter stating intent to use the NEPA process for Section 106 purposes sent to
    9/6/06
                              SHPO and the ACHP.
                              Request for concurrence on determination of eligibility for directly affected
   10/6/06
                              properties.
   11/3/06                    Request for concurrence on revision to APE boundary.
                              Response from SHPO to 10/6/06 letter regarding determination of eligibility for
                 11/10/06
                              directly affected properties.
                 11/16/06     Response from SHPO to 11/3/06 letter regarding concurrence of APE boundary.
                              Response from the National Trust for Historic Preservation to continue to serve as a
                 11/27/06     consulting party once the highway (I-70 East) and transit (East Corridor) projects
                              separated.
  12/28/06                    Request for a determination of eligibility for indirectly affected properties.
                              Response from SHPO to 12/28/06 letter regarding determination of eligibility for
                  2/6/07
                              indirectly affected properties.
                              Response to 11/10/06 and 2/6/07 letters providing additional information on
    4/9/07
                              requested properties.
                  4/18/07     Response from SHPO to 4/9/07 letter regarding additional information on resources.
                              Request for determination of eligibility of UPRR, High Line Canal, and Archaeology
   9/14/07
                              Isolated Finds.
                              Response from SHPO to 9/14/07 letter for determination of eligibility for UPRR, High
                  9/25/07
                              Line Canal, and Archaeology Isolated Finds.
                              Resubmittal of outstanding architectural inventory forms requiring determination of
   9/26/07
                              eligibility.
                              Response to 9/26/07 letter requesting determination of eligibility for outstanding
                 10/10/07
                              architectural inventory forms.
  11/11/08                    Revisions to the APE for historic survey.
                 11/20/08     Response to 11/11/08 letter regarding revisions to the APE for historic survey.
                              Request for a determination of eligibility for directly and indirectly affected
  12/03/08
                              properties.
                              Response to 12/3/08 letter requesting determination of eligibility for directly and
                 12/17/08
                              indirectly affected properties.



3.5-2                                                                                                   September 2009
                                                                                 Affected Environment, Environmental
East Corridor Final Environmental Impact Statement                                      Consequences, and Mitigation


                                            Table 3.5-1
                            Summary of Section 106 Consultation Process
       Date of Letter
                                                                    Description
  Outgoing       Incoming
                              Transmittal of the East Corridor DEIS and Section 4(f) Evaluation Public Release
   1/16/09
                              copy for review.
                              Gold Line request for concurrence with the recommended finding of effect for
   2/13/09
                              resources.
                              Response to 1/16/09 DEIS submittal concurring with recommended findings of
                  2/16/09     effect for cultural resources. SHPO recommendation to move forward with a
                              Memorandum of Agreement with consulting parties.
                              Response to 2/13/09 Gold Line letter requesting concurrence with recommended
                  2/19/09     finding of effect for resources. SHPO recommendation to move forward with a
                              Memorandum of Agreement with consulting parties.
                              Request for determination of eligibility for indirectly affected properties and
   3/9/09
                              outstanding architectural inventory forms.
                              Response to 3/9/09 letter requesting determination of eligibility for indirectly affected
                  3/13/09
                              properties and outstanding architectural inventory forms.
                              Request submitted to ACHP for consultation and notification of finding of adverse
   5/07/09
                              effect.



Native American Consultation
Section 106 also mandates that federal agencies coordinate with interested Native American
tribes in the planning process for federal projects. This consultation recognizes the government-
to-government relationship between the U.S. government and sovereign tribal groups. In that
context, federal agencies must be sensitive to the fact that historic properties of religious and
cultural significance to one or more tribes may be located on ancestral, aboriginal, or ceded
lands beyond modern reservation boundaries.

Consulting tribes are offered the opportunity to identify concerns about cultural resources and
comment on how the federal project might impact them. If it is found that the project will impact
cultural resources that are eligible for inclusion on the National Register of Historic Places
(NRHP) and are of religious or cultural significance to one or more consulting tribes, their role in
the consultation process may also include participation in resolving how best to avoid, minimize,
or mitigate potential impacts. By describing the proposed federal project and the nature of any
known cultural sites and consulting with the interested Native American community, FTA and
RTD strive to protect areas important to Native Americans.

In April 2004, 12 federally recognized tribes with an established interest in Adams, Arapahoe,
and Denver counties were invited to participate as consulting parties:
     • Apache Tribe of Oklahoma                          • Kiowa Tribe of Oklahoma
     • Cheyenne and Arapaho Tribes of                    • Northern Arapaho Tribe (Wyoming)
          Oklahoma (two tribes administered by a         • Northern Cheyenne Tribe (Montana)
          unified tribal government)                     • Pawnee Nation of Oklahoma
     • Cheyenne River Sioux Tribe (South                 • Oglala Sioux Tribe (South Dakota)
          Dakota)                                        • Rosebud Sioux Tribe (South Dakota)
     • Comanche Nation of Oklahoma                       • Standing Rock Sioux Tribe (North
     • Crow Creek Sioux Tribe (South Dakota)                 Dakota)



September 2009                                                                                                     3.5-3
Affected Environment, Environmental
Consequences, and Mitigation                            East Corridor Final Environmental Impact Statement


Two of these tribes responded in writing to the initial request for consultation. The Pawnee
Nation indicated the desire to become a consulting party; the Standing Rock Sioux Tribe
declined the invitation. An additional tribe, the Northern Cheyenne Tribe, ultimately requested
consulting party status.

Neither the Pawnee Nation nor the Northern Cheyenne Tribe indicated they had any information
pertaining to specific localities of religious and cultural significance within the project area. FTA
and RTD are committed to notifying both tribes if cultural materials related to Native American
occupation are discovered during any phase of construction and to keep the tribes apprised of
progress as the project develops. Agency coordination with the tribes is included in Volume II,
Appendix B, Agency Coordination, of this FEIS.

3.5.1 Historic Context
The Colorado historic period begins with the first European contact during the 1530s and 1540s.
Its official records, however, begin around 1860, when European groups permanently settled.
The historical context presented here is for the general project area only, except where the
historical contexts of broader geographical areas influenced the history of the project area.

The Early Years
European explorers first reached the Plains of Colorado in the 1530s and 1540s when
Francisco Vasquez de Coronado and his party of Spanish explorers came to the Colorado
plains in search of gold. In the 1650s and 1660s, the Spanish forces claimed the Colorado
plains for themselves, giving the Platte River the name Rio de Chato. In the late 1730s, French
explorers Pierre and Paul Mallet also reached Colorado. Following the Louisiana Purchase in
1803, Colorado (then Spanish territory) began to experience an influx of fur trappers and
traders. In 1819, the Adams-Onis Treaty was signed between the U.S. and Spain, giving all of
the territory north of the Arkansas River to the U.S. Because of its beaver-rich streams, the
Platte River was established as a well-known trapper travel route. Due to over-trapping and a
decrease in the demand for fur, the fur market collapsed in Colorado in the 1840s. The fur
market briefly returned to the Colorado plains between 1865 and 1880, centered on bison hides,
but the near extermination of bison on the Colorado plains caused the industry to lose money.
By 1880, the industry had collapsed, marking the end of fur trading on the Colorado plains
(Mehls, 1984).

Mining in Colorado has been called “the single most important factor in the state’s early history
and that of the plains region” (Mehls, 1984). Gold and other minerals attracted thousands of
people to the state from 1858 forward. Many came but failed at mining and ended up pioneering
Colorado’s farming, ranching, and transportation industries. These entrepreneurs in farming,
ranching, transportation, and other trades recognized the demand for food and other necessities
and capitalized on it. Because of this flood of people, Colorado became a Territory in 1861, and
Denver specifically became an agriculture and business center for the region (Mehls, 1984).




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                                                                                                                                                                                                                                         Figure 3.5-1
                                                                                                                                                                                 Area of Potential Effect and Adversely Affected Historic Resources




                   Note: APE shown does not include CRMF or track from DUS to the CRMF. The APE for the SEA prepared for the CRMF was coordinated through the Gold Line NEPA process and the resulting analysis is reported herein.




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Native American and Anglo-American Conflict
The Pawnee, Sioux, Cheyenne, and Arapaho tribes residing on the eastern plains of Colorado
became dependent on government annuities provided to them between the mid-1800s and
approximately 1859. When these annuities ceased, Native Americans found themselves having
to beg for food in order to survive. Native Americans soon found it more profitable to attack and
raid freight wagons, travelers, stations, and ranches. On May 2, 1864, the First Colorado
Regiment was sent to fight the Cheyenne Warriors at the Battle of Cedar Creek. The First
Colorado Regiment was victorious; however, conflict between Anglo-Americans and the Native
Americans continued. On November 28, 1864, Colonel John M. Chivington led his troop of Third
Colorado Volunteers to attack the Native Americans. After night fell, the Cheyenne Village of
Black Kettle’s People on Sand Creek near Fort Lyon was surrounded and at first light the Third
Colorado Volunteers attacked, killing men, women, and children. This event is known as the
Sand Creek Massacre. Following the Sand Creek Massacre, violence between Native
Americans and Anglo-Americans continued in Colorado until July of 1869, when the Cheyenne
lost the Battle of Summit Springs to General Eugene E. Carr and the 5th U.S. Cavalry
(Mehls, 1984).

Urban Development
The cities of Denver and Auraria were founded in 1858. These early towns competed to attract
business and settlers throughout the late 19th century and early 20th century. Eventually, the
two towns agreed to merge under one town name (Denver) to inhibit the loss of residents and
businesses. During this period of urban development, various cities on the Plains worked to
establish themselves by erecting such permanent institutions as colleges and universities,
churches, hotels, and recreational sites (Mehls, 1984). Prominent Colorado cities such as
Denver, Fort Collins, and Colorado Springs grew rapidly between 1870 and 1885.

The brisk growth that the Plains had experienced slowed slightly toward the end of the 19th
century. During this time, residents made a concerted effort to focus on future development and
attempt to remedy past problems. In order to effect change, Colorado residents became
involved politically through the Populist Party. They sought social reform through the prohibition
movement and progressive causes. Businesses targeted as sources of social ills included
banks, railroad, and utility companies, along with saloons, gambling halls, and brothels. On
January 1, 1916, all of Colorado “went dry” under prohibition legislation (Mehls, 1984, p. 86).

Additional efforts were made to improve the physical environment. A particularly notable project
was the City Beautiful Movement, which included provisions for open space and the
improvement of parks and parkways throughout urban areas. In Denver, the City Beautiful
Movement led to a number of projects (Mehls, 1984, p. 86). Some of these projects are:
   • Cherry Creek was landscaped
   • Civic Center and Civic Center Park were developed
   • Speer Boulevard was constructed

During this time, the Emily Griffith Opportunity School was established to provide a means for
residents to acquire marketable skills. Public libraries and other cultural institutions were also
established. Colorado’s Progressive Movement continued until 1917, but lost momentum as the
U.S. became involved in World War I (Mehls, 1984).

Downtown Denver
Downtown Denver, itself a local landmark district, consists of a number of nationally registered
historic districts and other local landmark districts. These include the LoDo District (5DV47),
16th Street District (5DV842), Champa-Curtis Street District (5DV103), West Wazee Street
Warehouse District (5DV1005.0), and the Larimer Square District (5DV104).

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LoDo is located immediately northwest of the central business district. It is principally comprised
of late 19th- and early 20th-century commercial and warehouse buildings, and includes a
portion of Cherry Creek. Notable features of the district include sandstone sidewalks, wrought
iron railings, brick paving, and railroad spur tracks. Several historic hotels are scattered
throughout the district. The earliest buildings date from the 1860s and 1870s. Two railroad
bridges cross Cherry Creek at Wynkoop and Wewatta Streets. LoDo played an important role in
the growth of the wholesale and warehousing industries in the 19th and early 20th centuries and
exhibits examples of commercial and warehouse architecture built between the 1860s and
1941.

The 16th Street Historic District (5DV842) is important for its role in the economic development
of Denver. Many structures that have played important roles in the city's commerce are located
along 16th Street. The buildings in the district reflect the historical development of the city in its
architectural tradition. Shortly after Denver was founded, 16th Street became an integral part of
the city's commercial center. The development of 16th Street helped redefine Denver's image in
the 1880s as it transitioned from a mythology of cowboys, bandits, and prostitutes to a city
mindful of the civic ideology of justice, government, and municipal order.

Located in the heart of downtown Denver, the Champa Street Historic District (5DV103)
consists of 17 historically and architecturally important buildings constructed between 1887 and
1937. The richness and variety in the architectural styles, building materials, and decorative
elements seen in these buildings reflect four distinct architectural periods in the city's evolution.
The four distinct architectural styles within the district include Victorian Commercial, Neo-
Classical Revival, Deco, and Art Moderne.

The Champa Street Historic District (5DV103) derives its architectural and historic significance
from the development of the downtown commercial area of Denver from 1887 to 1937. Champa
Street boasts one of Denver's first skyscrapers, the ten-story A.C. Foster Building, made
possible when the city passed an ordinance 1909 to allow buildings up to 12 stories in height.

The West Wazee Street Historic District (5DV1005.0) consists of a group of warehouses, dating
from about 1886 to 1915. It is located on the site of the first houses in what is now Denver, but
was originally Auraria, the first permanent settlement in the Denver area. Auraria became
known as West Denver and originally possessed a large population and included construction
and commercial businesses. This area was devastated by the Cherry Creek flood of 1864.
Following this, East Denver (the area located on the other side of the Cherry Creek from
Auraria) came to dominate the commercial market, and West Denver developed largely as a
residential and warehousing district. Upon the arrival of the Denver and Rio Grande Railroad in
1871, the West Wazee Street warehousing district proved to be an attractive manufacturing and
wholesale center. Around 1886, the J.M. Moore Estate Warehouse, constructed at the
northwest corner of 13th and Wazee Streets, became the first of the brick warehouses that
comprise the West Wazee Street Warehouse District (5DV1005.0). Wazee Street became a
solid warehouse district in the early part of the 20th century. The last buildings added to the
Wazee Street Warehouse District were the Brecht Candy Company Factory in 1910 and the
Sears and Roebuck Auto Supply Warehouse in 1915. The construction of the Auraria campus in
the 1970s resulted in the demolition of many of the historic buildings remaining in the original
West Denver.

The Larimer Square Historic District (5DV104) encompasses two one-half blocks on 1400
Larimer Street in old downtown Denver, consisting of 18 buildings and 2 open spaces. Building
styles range from Italianate villas and High Victorian Gothic to later plain brick structures
decorated with Renaissance or Classical details.


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Transportation
The first established roads in Colorado were well-used fur trapping trails. The first of these trails
was the Santa Fe, which passed through Bents Old Fort and was used extensively from 1830
until the end of the Mexican-American War in 1848. Another well-traveled trail was the Oregon
(Overland) Trail, which was used extensively from the 1840s to the 1870s. The Smoky Hill and
Old Cherokee trails were instrumental in bringing miners to the gold fields in 1850s to the 1860s
from cities located in the east. Colorado first became part of the railroad age in 1867, when the
UPRR entered the area. By 1869, two other companies, the Kansas Pacific (KP) railroad and
the Denver Pacific (DP) railroad, were working to connect Denver with the rest of the U.S. The
expansion of the railroad was essential to the growth of the region; the first decade of rail
service (1870 to 1880) is known as the “boom decade.” During this time, the population nearly
tripled, new towns were founded, Denver began to develop itself as a commercial center, and
statehood was achieved. By the late 1870s, other well-established national railroad companies
were moving into Colorado, including the Burlington and Missouri River railroads, which were
both part of the Colorado, Burlington, and Quincy (CB&Q) and Rock Island lines.

DUS was constructed as an attempt to consolidate all rail activity in the city. The construction
began in 1880, with two additional wings added in 1892. In 1894, a fire destroyed the central
portion and was rebuilt shortly after. This new section was razed and rebuilt in 1914.

In 1888, the first cable cars were introduced in Denver, and in the 1890s, the Denver Tramway
Corporation brought in electric trolleys. Travel changed in Colorado in the early 1900s when the
use of autosmobiles, airplanes, trucks, and buses required a new grid system with widened
roads and areas for parking. By 1914, 1,192 miles of improved roads and 13,135 passenger
cars defined Colorado transportation. In 1956, the Federal Aid Highway Act was passed and the
construction of the present interstate highway system (including I-70) began.

Colorado’s first airline, Colorado Airways, appeared in the late 1920s (Mehls 1984). In 1929,
Stapleton Airport opened, then known as Denver Municipal Airport. DIA opened on February 28,
1995. Covering 53 square miles (137 square kilometers, twice the size of Manhattan), DIA is the
fifth-busiest airport in the U.S. and the tenth busiest in the world. Twenty-two airlines offer 1,200
flights including non-stops to 120 American cities. The 1.4 million square foot main terminal
building has become one of Denver's most distinctive modern architectural landmarks.

The 47th session of the Colorado General Assembly created RTD in 1969. Originally envisioned
as a public transportation system for Denver and its surrounding counties, RTD has grown to
serve 38 municipalities in seven counties.

Agriculture and Ranching
Ranches that grew crops to sell to travelers were established along trails through Colorado in
1859. The Union Colony at Greeley represented the first attempt at large-scale irrigation of land
and shortly thereafter, the first water-rights fight in Colorado developed. These fights ultimately
led to a “first-in-time, first-in-right” principle and a standardized system for priorities of water use.
These concepts were written into Colorado’s first constitution and adopted by other arid western
states. The Northern Colorado Irrigation Company constructed the High Line Canal between
1879 and 1883. It flows approximately 70 miles from the South Platte River northeast to Second
Creek. The Denver Water Board has owned and operated the property since 1924. During the
late 1880s, Colorado experienced a number of relatively wet years and a farming boom lasted
until approximately 1890 when a drought hit Colorado. As a result, the farming economy
bottomed out with many farmers and their families fleeing Colorado for moister areas of the U.S.
(Mehls, 1984).



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Open-range ranching in Colorado developed between 1860 and 1890. The Colorado cowboy
became one of America’s first unique folk heroes and defined what is now known as the “Wild
West.” Ranchers, homesteaders, and farmers took advantage of the Pre-emption Act, the
Homestead Act, the Timber Culture Act, and the Desert Land Act in order to obtain parcels of
land. The period marked by the end of the 19th century and the first 30 years of the 20th century
was a time of considerable change for the agricultural and ranching industries in Colorado. The
most notable feature of this era was the expansion of the sugar beet industry, a crop that grew
well with irrigation. The sugar beet industry prospered between 1900 and 1920. Advances in
dryland farming were made during this same time in Colorado. Private land companies,
railroads, and the State Board of Immigration all worked to promote the concepts, techniques,
and viability of dryland farming. Agriculture and ranching in Colorado were severely weakened
by the Great Depression of the 1930s and did not recover until World War II (Mehls, 1984).

The Great Depression
Colorado experienced economic challenges after the stock market collapsed in 1929, as did the
rest of the nation. In addition to these difficulties, Colorado also experienced a period of
unusually dry weather during this time and as a result, Colorado’s agricultural industry suffered
considerably. The region known as the Dust Bowl in the 1930s included the southeastern
Colorado plains. Despite the federal government’s efforts to remedy economic crises occurring
all over the country, Colorado was unable to recover fully from its 1930s economic woes until
the beginning of World War II.

Colorado and the Military
Colorado’s first 20th-century military facility was Fitzsimons Army Hospital, located in Aurora.
Ground was broken for construction of the hospital on April 19, 1918, and construction began on
May 2 of the same year. The large main hospital building, completed in 1941, is a dominant
feature on the south edge of the complex. All of the original hospital buildings, dating from 1918
to the mid-1920s, are now included in a NRHP historic district.

At the end of the 1930s, the U.S. was looking for new bases for training troops in anticipation of
involvement in World War II. In 1941, construction began on Camp Carson in Colorado Springs
as a base to train troops for mountain warfare and to serve as a hospital camp and prisoner-of-
war holding area (Mehls, 1984, p. 138). At the same time, the Army took over the local airport
called Peterson Field. It would eventually become Peterson Air Force Base. Other prominent
military facilities that were built during this period in Colorado included Lowry Air Force Base,
Buckley Naval Air Station, the Denver Ordinance Plant, the Rocky Mountain Arsenal, and the
expansion of Fitzsimons into an Army Medical Center. The Fitzsimons Army Medical Center
District (5DV123) contains most of its original 76 buildings and most retain their integrity and
portray a sense of the past. Fitzsimons Army Medical Center is one of the largest medical
installations in the world and has local, state, and national significance for the economic effect it
has had on Aurora and for its important medical service during both war and peace times. In
addition to having a number of distinguished visitors throughout the years, Fitzsimons also
played an important part in the fight against tuberculosis (Mehls, 1984).

Union Pacific and Other Railroad Corridors in the Project Area
Research was conducted on the UPRR corridor from DUS east to a historic station located in
the town of Watkins, Colorado. This historic station is no longer standing, but it provided a
logical terminus for the section of UPRR corridor research involved in comparing the historic
alignment to the existing alignment to determine if there were any changes that would affect
eligibility. Past and present associated structures and features were identified. Only those
portions of the UPRR infrastructure that are located along the original alignment are considered



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contributing elements to the eligibility of the UPRR corridor. The following subsections are an
historical context for the UPRR and other railroad corridors within the project area.

Union Pacific Railroad History – Union Station to Tower Road
By 1840, thousands of miles or railroad existed in the eastern U.S. After the acquisition of the
western U.S. in the 1840s, there was talk of a transcontinental railroad system. The Colorado
gold rush of the late 1850s prompted Denver boosters to discuss possibilities of a
transcontinental route through the city and into the mining communities in the mountains west of
Denver. Denver citizens knew the railroad was becoming the predominant means of
transportation, and a city on the rail line would thrive. Several railroad companies looked at
possibilities of routing a transcontinental line through Denver; however, the difficult routes and
tunnels needed to get through the mountains to the west of Denver lowered the chances of
locating the transcontinental line in Colorado. In 1863, the Union Pacific Company began laying
track for the transcontinental railroad west from Omaha. The passage of this line avoided
Denver and was located through the gentler grades of Wyoming, with nine miles of track being
laid near Julesberg, Colorado in 1867.

Railroads in Denver, Colorado
Denver boosters continued to pursue finding a way to connect the city by rail with the rest of the
country. The KP Railway Company was approached and by 1866, plans were announced to
build a railroad from Kansas City to Denver within three years. In November 1867, the DP
Railway & Telegraph Company was organized to link Denver with the Union Pacific in
Cheyenne, Wyoming. Surveys for this work began the following month. The grading for the rail
line began, but Union Pacific backed out of building the road. The DP turned to the KP for
assistance and in the summer of 1870, rail connections from Denver to Cheyenne and Denver
to Kansas City were completed.

The first railroad station, DP Depot, was constructed near 21st Street and Wazee Street. When
completed, the depot would also serve the KP railroad. The DP Depot was torn down and
replaced by a new station: the DP-KP Depot on Wazee between 21st and 22nd Streets in 1871.

In the 1860s, the KP railroad began building a line westward across the Great Plains, from
Kansas City, Missouri to Denver. After completing the DP, the KP railroad started laying rail
from Pullman, a point just north of Denver, eastward to meet the westward rail construction from
Kansas City. The eastward and westward rails joined at Comanche Crossing, just east of
present day Strasburg, Colorado on August 15, 1870. A connecting line from Pullman to the
new DP station was completed in October of the same year.

Union Pacific began building a new depot (Union Station) in Denver in 1879 at 17th and
Wynkoop Streets. In 1880, Union Pacific purchased the KP and DP railroads. After the Denver
Union Depot (Union Station) was completed in 1881 at 17th Street and Wynkoop, the DP-KP
Depot was no longer the main station for these lines, and rails were constructed to Union
Station. The DP-KP Depot was then used for storage, later sold to the Hallack and Howard
Lumber Company, and was later destroyed in a fire.

Denver Union Station
Completed in 1881, DUS consolidated the handling of passengers and freight between
competing railroads arriving in Denver. The station, built on 12 acres, was 503 feet long, 65 feet
wide, and two stories high, with the center station having a third story. The tower in the central
section of the building stood over 180 feet tall and had electric lights installed that could shed
light for a distance of 0.5 mile. The main floor of the depot housed the ticket offices, waiting
rooms, baggage office, express offices, dining room, and telegraph office. The railroads used


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the second floor for offices. The platform at the front of the building was 500 feet long and 13.5
feet wide, while the track platform was 880 feet long and 140 feet wide for 6 tracks.

On March 18, 1894, a fire broke out on the second floor of the depot and spread quickly
throughout the southwest end of the building. The tower and its clock crashed to the ground.
Minimal damage to the baggage room, ticket office, and waiting room allowed business to
continue the next day and most of the northeast section of the building was saved and
continued to function. Rebuilding of the depot began immediately after the fire and took about a
year to complete. A platform shed adjacent to track one was part of the 1894 reconstruction.

Tourism was high in the 1890s in Colorado and business at the depot was booming. The
number of tracks expanded to 13 and long trains had to be split in two to fit in the platform.
Expansion of the depot was needed to facilitate this increase in usage. In 1914, the station was
rebuilt as it appears today. The Union Depot & Railway Company filed a notice to dissolve in
1915 and the Denver Union Terminal Railway Company took over the Union Station property.
DUS was listed on the NRHP in 1974.

Railroad Facilities on the Union Pacific Line
In addition to the tracks and the depots, other facilities were built to facilitate the railroads’
operation. Yards, junctions, freight houses, and roundhouses were all part of the railroad
business. Over the years, some of these facilities have been rebuilt, torn down, abandoned, or
taken over by other companies.

The DP built a roundhouse at 26th and Broadway, called the Denver Junction, and the KP built
a larger structure next to the DP roundhouse. Both the DP and KP facilities were torn down.
When the two railroads merged into UPRR, a large shop and roundhouse were built at 40th and
York streets. The Pullman Company used one of the buildings for supplies, and in the 1880s,
the Pullman shops located here repaired and supplied sleeping cars. UPRR took over these
buildings in 1890, tore down some buildings, and rebuilt other buildings in 1891; the name
Pullman remained for this station and shops. The yard adjacent to the Pullman shops was
called 40th Street. The 40th Street shops were torn down in 1970 to make room for an
intermodal TOFC yard, where containers or trailers are transferred from one transportation
mode (e.g., truck) to another mode (e.g., rail).

The Union Pacific Coach Yard located at 21st and Wynkoop streets was built after 1900 and as
of 1981 was still used for occasional passenger trains, but was mainly an “RIP” track (a spur
with facilities for repair in place maintenance) and engine service area. The KP Junction was
first used as a junction between the KP and DP railways. There was a station at the location of
the Pullman shops from 1893 until it was torn down in 1974.

The freight yards at 40th Street first served the DP and KP railways and were located west of
the Pullman shops. The Union Pacific had freight houses at 29th and Wynkoop streets and 19th
and Wynkoop streets. A stone building was erected at 29th Street and Wynkoop Street in 1881,
which became the outbound freight house after 1923. This building was used until the 1960s
when it was torn down. The freight house at 19th and Wynkoop streets was built in 1923 as the
inbound freight house and remained the only freight house after the 1960s. The operating and
traffic departments have office space at this location.

Decline of Rail Construction and Alignment Changes
As the automobile began to gain in popularity, construction of railroads abated and
abandonment of some lines began. Between 1915 and 1967, Colorado’s railroad lines declined



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by nearly 2,000 miles. Today, railroads remain an important part of Colorado transportation, but
mainly for freight. DUS is no longer the central part of town.

The main alignment changes to the UPRR from DUS to the Watkins station have occurred in
the downtown Denver area and in the area of the former Stapleton International Airport. The
opening of DUS in 1881 prompted the closure of the DP-KP Depot, and rails were routed to
enter DUS for passenger trains. Spurs off the mainline have changed over the years to
accommodate businesses in the area. The mainline from the Pullman Shops out east to the
Watkins, Colorado station has not undergone any important changes in alignment since it was
originally built, with the exception of multiple realignments and modifications that have occurred
in the area near the former Stapleton International Airport. During the operation of the airport,
the runways were built over the original railroad alignment and consequently, the UPRR tracks
were tunneled. At present, the runways have been removed and the tracks remain.

Coors Field, located at 20th and Blake streets, now sits where a freight house and rail lines of
UPRR were located. Coors Field occupies an approximately four-square-block area from
Wynkoop to Blake Streets between 20th and 22nd streets. The railroad currently runs on the
northwest side of the stadium to DUS.

Other Railroads
In the 1870s, UPRR held a virtual monopoly on railroad traffic and freight transportation
eastbound out of Colorado. Due to the lack of competition, rates were high. During the 1880s,
the CB&Q Railroad Company built the first new connection out of Denver and across the plains
of Colorado to the east. CB&Q began laying a rail line from both ends of the route, with one
crew working west from the Nebraska/Colorado state lines and the other crew working east out
of Denver. This line was completed in the spring of 1882 and the CB&Q became a tenant of
Union Station. In 1963, the CB&Q merged with the Great Northern and Northern Pacific lines to
form the Burlington Northern.

The CB&Q coach yard, also called the 23rd Street Coach Yard was built in 1882, adjacent to
the 23rd Street Shops. In 1969 and 1971, the passenger yard was reduced down to three
tracks. The the Burlington & Missouri River Railroad first used the CB&Q Union Depot Junction,
built in 1882 and located on the South Platte River Bridge between 38th Avenue and the 23rd
Street Shops. The CB&Q freight yard (38th Street Yard) was built in 1882 by the Burlington &
Missouri River and paralleled the Platte River from 36th Street to 30th Street. Towers were
located at 31st and 38th streets, and the yard encompassed approximately 48 tracks with a
capacity of 2,300 cars.

The CB&Q also built the Market Street Line in 1911. This line starts north of Sand Creek
Junction (located near West 60th Avenue and Brighton Road), runs south to East 39th Avenue,
turns west toward the UPRR Pullman Shops, and then southwest along Market Street to 18th
Street. The Market Street Line also connects with the UPRR on Blake Street.

Built in 1886 by the Denver Railroad and Land Company, the Colorado Eastern Railroad hauled
coal from the Scranton coalmine east of Denver to the Omaha and Grant smelter in Denver.
The Colorado Eastern Railroad was a narrow gauge railroad that ran from the north side of the
smelter north along Star Avenue (now Franklin Street) to East 48th Avenue where it continued
east until it curved to the north to ascend to Sand Creek. After passing Sand Creek, the grade
went northeast to what is now East 56th Avenue and Peoria Street. The grade continued east
along the north side of County Road 42 (now East 56th Avenue) to Picadilly Road and then to
the mine. The total length of the line was 17 miles. This railroad hauled coal for only two years
due to the low coal production and poor quality of the coal. The train maintained minimal daily


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operations for the next 27 years, including transporting passengers to Scranton, with the hope
that a larger railroad company would buy the ROW. This line went out of business on July 15,
1915. There were no freight facilities on the line and no depot in Scranton.

In 1951, the Chicago Rock Island & Pacific railroad built a track southwest of Sand Creek
Junction that ran from Sandown on UPRR to Belt Junction

3.5.2 Historic Resources
Historic resources are architectural and engineering features such as buildings, dams, canals,
bridges, roads, railroads, and other structures of historic or aesthetic significance. Historic
resources generally must be more than 50 years old to be considered for protection under
historic resource laws; however, more recent structures may warrant protection if they have the
potential to gain significance in the future. NRHP listed or eligible historic properties are
protected under Section 106 of the National Historic Preservation Act of 1966, as amended.
Only significant historic resources warrant consideration with regard to adverse effects resulting
from a preferred alternative. Significant historic resources are either eligible for, or listed on, the
NRHP.

In order to be eligible for inclusion on the NRHP, a historic resource must retain integrity of
location, design, setting, materials, workmanship, feeling, and association. The resource must
also meet one of the following criteria as stipulated in the National Register Bulletin, How to
Apply the National Register Criteria for Evaluation (U.S. Department of the Interior, National
Park Service, 1990):
    • Is associated with events that have made a significant contribution to the broad pattern
        of our history (Criterion A).
    • Is associated with the lives of persons significant in our past (Criterion B).
    • Embodies the distinctive characteristics of a type, period, or method of construction, or
        represents the work of a master, or possesses high artistic values, or represents a
        significant and distinguishable entity whose components may lack individual distinction
        (Criterion C).
    • Has yielded, or may be likely to yield, information important in prehistory or history
        (Criterion D).

Summary of Results
The Preferred Alternative would affect 30 historic resources. A portion of the ROW of two and
segments of two historic resources would be adversely affected, and 26 would be indirectly
affected by visual, historic setting, and/or noise impacts with no adverse effects. In addition, 73
properties were assumed eligible (have not been field surveyed) would be indirectly affected by
noise impacts with no adverse effects.

There is no difference in impacts between the Smith Road Realignment Design Options 1 and
2, the 40th Avenue Design Options 1 and 2, or the New Castle Design Options 1 and 2.

3.5.2.1     Affected Environment
Information about historic resources in the APE was obtained from the following sources:
    • A records search of the project area at the Colorado OHAP.
    • Review of Sanborn and other historic maps and relevant data at various public libraries,
       preservation commissions, museums, and tax assessor’s offices.
    • A search of the NRHP online database.
    • A reconnaissance survey of the project area.

3.5-14                                                                                     September 2009
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East Corridor Final Environmental Impact Statement                             Consequences, and Mitigation


    •   An intensive historic architectural survey of all structures 40 years old and older within
        the cultural resources APE (structures built before 1966 were surveyed because by the
        time the project will be constructed, these structures will be 50 years old and have the
        potential to meet the eligibility criteria for listing on the NHRP).

For the NRHP listed or eligible historic resources listed in Table 3.5-2, National Register
eligibility is described as:
        Eligible. Historic resources eligible for the NRHP meet the eligibility criteria outlined in
        Subsection 3.5.2, Historic Resources.

Coordination with SHPO concluded that historic resources assumed eligible within the APE be
categorized as potentially eligible and included in the Section 106 consultation.
        Potentially eligible or needs data, potentially eligible. Historic resources potentially
        eligible for the NRHP are those that are not being documented by intensive survey but
        may meet the eligibility criteria outlined previously. This category was used for instances
        where thorough surveys were determined unnecessary because mitigation measures
        were proposed that treated the sites as though eligible.

Intensive historic architectural surveys were conducted on 264 resources within the APE. Of
these resources, 30 were considered eligible, or potentially eligible. Additional information on
these resources is included in the text following Table 3.5-2.

                                         Table 3.5-2
              National Register Listed and Eligible Individual Historic Properties
                                                      National
    Site         Resource        Property Name/
                                                      Register      Representative Site Photograph
   Number          Type             Address
                                                      Eligibility




                  Historic        UPRR Segment
 5AM472.14                                             Eligible
                  railroad        Adams County




                               Denver Utah Pacific
                                Railroad, Chicago
                                Burlington Quincy
 5AM1888.5
                  Historic        Siding & Spur
    and                                                Eligible         No photograph available
                  railroad     (Waterworks Sales
 5DV6243.7
                               Co, J.M. Warner Co,
                                  & Richardson
                                  Lumber Spur)


                                Derby Lateral (High
                   Historic    Line Canal Lateral A
 5DV840.13                                             Eligible
                  structure     Extension/Segment
                               “The Doherty Ditch”)




September 2009                                                                                      3.5-15
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                                         Table 3.5-2
              National Register Listed and Eligible Individual Historic Properties
                                                      National
   Site         Resource         Property Name/
                                                      Register       Representative Site Photograph
  Number          Type              Address
                                                      Eligibility



                  Historic       Lee Property
  5DV5840                                              Eligible
                  house       4026 Madison Street




                                  35th and Blake
                  Historic
                               Street LLC. Property
  5DV9309       commercial                             Eligible
                                3459-3463 Blake
                  building
                                      Street




                  Historic       Fire Clay Lofts
  5DV9330       commercial          Property           Eligible
                  building      3225 Blake Street




                  Historic        Silver Square
  5DV9331       commercial           Condos            Eligible
                  building      3317 Blake Street




                                A.R. Wilfrey and
                  Historic
                                     Sons
  5DV9335       commercial                             Eligible
                                2763-2807 Blake
                  building
                                     Street




3.5-16                                                                                        September 2009
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                                         Table 3.5-2
              National Register Listed and Eligible Individual Historic Properties
                                                       National
    Site         Resource        Property Name/
                                                       Register      Representative Site Photograph
   Number          Type             Address
                                                       Eligibility
                   Historic
  5DV9474        commercial     3601 Wazee Street       Eligible         No photograph available
                   building


                   Historic       Freedom Cab
  5DV9501        commercial         Company             Eligible
                   building      6030 Smith Road




                                Pilgrim Rest Baptist
                  Historic
  5DV9503                              Church           Eligible
                  church
                                 6100 Smith Road




                  Historic     Tiscareno Property
  5DV9970                                               Eligible
                  house        4254 Clayton Street




                   Historic     Blake Street Glass
 5DV10170        commercial          Property           Eligible
                   building     3433 Blake Street




                                Zevalking Property
                  Historic
 5DV10181                        4300-4304 Cook         Eligible
                  house
                                      Street




September 2009                                                                                       3.5-17
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                                         Table 3.5-2
              National Register Listed and Eligible Individual Historic Properties
                                                      National
   Site         Resource         Property Name/
                                                      Register       Representative Site Photograph
  Number          Type              Address
                                                      Eligibility




                                 Real Estate LLC
                  Historic
 5DV10191                           Property           Eligible
                  house
                               4248 Fillmore Street




                                 Real Estate LLC
                  Historic
 5DV10192                           Property           Eligible
                  house
                               4250 Fillmore Street




                  Historic        Belo Property
 5DV10193                                              Eligible
                  house        4260 Fillmore Street




                  Historic     Dierschow Property
 5DV10197       commercial      4216 Josephine         Eligible
                  building           Street




3.5-18                                                                                        September 2009
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                                         Table 3.5-2
              National Register Listed and Eligible Individual Historic Properties
                                                      National
    Site         Resource        Property Name/
                                                      Register      Representative Site Photograph
   Number          Type             Address
                                                      Eligibility




                                Walters Residence
                  Historic
 5DV10207                        4201 Milwaukee        Eligible
                  house
                                      Street




                                 Haney Residence
                  Historic
 5DV10227                        4246 Thompson         Eligible
                  house
                                      Court




                   Historic          Gomez and
 5DV10229        commercial     Villanueva Property    Eligible
                   building     3719 Walnut Street




                   Historic    Denver Truck Parts,
 5DV10231        commercial           Inc.             Eligible
                   building    3789 Walnut Street




                                Professional Floor
                   Historic
                                     Machine
 5DV10237        commercial                            Eligible
                                 4228-4238 York
                   building
                                      Street




September 2009                                                                                      3.5-19
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Consequences, and Mitigation                                East Corridor Final Environmental Impact Statement


                                         Table 3.5-2
              National Register Listed and Eligible Individual Historic Properties
                                                      National
   Site         Resource         Property Name/
                                                      Register       Representative Site Photograph
  Number          Type              Address
                                                      Eligibility




5DV10294.1        Historic      UPRR Segments
                                                       Eligible
5DV10294.3        railroad       Denver County




                                                       Needs
                                City and County of
                  Historic                              data,
 5DV10446                       Denver Jail 10500
                 county jail                          potentially
                                    Smith Road
                                                       eligible




                                 The Gardener –
                  Historic
                                 Denver Building
 5DV10513       commercial                             Eligible
                                  1777 E. 39th
                  building
                                    Avenue,




                                The Denver Rock
                  Historic      Drill Manufacturing
 5DV10514       commercial            Company          Eligible
                  building     3939 - 3959 Williams
                                       Street




                  Historic  Harpel Oil Company
 5DV10518       commercial (Mijare’s Automotive)       Eligible
                  building   3900 York Street




3.5-20                                                                                        September 2009
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East Corridor Final Environmental Impact Statement                            Consequences, and Mitigation


                                         Table 3.5-2
              National Register Listed and Eligible Individual Historic Properties
                                                     National
    Site         Resource        Property Name/
                                                     Register      Representative Site Photograph
   Number          Type             Address
                                                     Eligibility




                                The McCurty Paint
                   Historic     Company Plant and
 5DV10522        commercial          Offices          Eligible
                   building      2601–2609 Blake
                                      Street




                                  The Vasquez
                  Historic
 5DV10583                          Residence          Eligible
                  house
                                4114 Adams Street




The following text provides further information on all NHRP eligible and listed resources
identified during research and survey.

UPRR Segment Adams County (5AM472.14)
The railroad itself is constructed of two 2-inch by 6-inch dimension ‘I’ FeC (steel) rails upon 8-
inch by 8-inch by 6-feet treated timber ties. The rails are fastened to the ties via 8-inch by 4-
inch, 0.25-inch steel plates on either lateral side of the rail, which are then fastened with 7.5-
inch by 0.50-inch FeC standard railroad spikes. The rails appear to be standard gauge or 4.71
feet off center. This segment of the UPRR and its associated structures and features in Adams
County have undergone a number of alterations and modifications over the years: the tracks,
rail ties, and track bedding have been replaced or modified, and a number of spurs have been
rerouted or altered to accommodate the changing business climate of the areas through which it
travels. Despite these changes, the mainline remains located along its original alignment and
historic ROW and retains its integrity of location, design, setting, materials, workmanship,
feeling, and association.

Denver Utah Pacific Railroad, Chicago Burlington Quincy Siding & Spur (Waterworks
Sales Co, J.M. Warner Co, & Richardson Lumber Spur (5AM1888.5 and 5DV6243.7)
Because this single linear resource crosses two jurisdictions (City and County of Denver and
Adams County), the resource has been assigned two identification (Smithsonian) numbers, with
corresponding segment numbers. For purposes of this analysis, it is presented as one
continuous, linear resource.



September 2009                                                                                     3.5-21
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Consequences, and Mitigation                            East Corridor Final Environmental Impact Statement


This railroad segment is a standard gauge siding located along the western edge of Fox Street.
The rails are generally at-grade, with light colored gravel ballast. The grade measures
approximately 10 feet wide, depending on ballast, and the segment is approximately 2,000 feet
long. The line provides industrial rail access to the Rocla Concrete Tie, Inc. facility. The
segment merges with a track north of the study area.

Derby Lateral (High Line Canal Lateral A Extension/Segment “The Doherty Ditch”)
(5DV840.13)
This canal is a lateral extension of the High Line Canal extension system (5DV840), 13.3 miles
northeast of the City of Denver. The segment is best described as proliferating along a 5,328-
foot long path, which is 20 to 30 feet in width. The banks of the canal are constructed of
exposed and compacted local earth. The rustic nature of the canal is interrupted at several
points by concrete aggregate construction “water control” structures. These include three round
culverts; five “Parshall” and box type venturi flumes.

Lee Property (5DV5840)
This is a one and one-half story, brick building with a rectangular floor plan and gable roof. It is
located in the Swansea neighborhood as presently recognized by CCD. The Swansea
neighborhood has significance in history as one of the largest ethnic working class
neighborhood in Denver and Colorado. The architectural resources in the neighborhood are
important for their vernacular style, from the 1880s through the 1930s, for their method of
construction and materials, and their association with the ethnic worker. This building is a good
example of Late Victorian style. The essential features of its design are intact, and can convey
the design, workmanship, and feeling the house had when it was first built.

35th and Blake Street LLC. Property (5DV9309)
The 35th and Blake Street LLC property is approximately 0.78 acres with a two-story,
rectangular plan, commercial building with a flat roof and constructed of brick. It is located at the
intersection of Five Points, Cole, and Whittier neighborhoods. The many diverse architectural
styles represented in the area include the Italianate style, Second Empire style, Romanesque
style, Gothic style, Carpenter Gothic style, Queen Anne style, Eastlake style, and the Victorian
Period Eclectic style among others. This building is important because it represents a 19th-
century corner building commercial style with Beaux Arts decorative elements.

Fire Clay Lofts (5DV9330)
This is a two and one-half story, irregular plan residential building with a flat roof, and
constructed of brick. The building measures 170 by 125 feet and special features include a false
front, ornamental masonry, pediments, canopies, a tower, and the roof treatment. It is located at
the intersection of Five Points, Cole, and Whittier neighborhoods. The many diverse
architectural styles represented in the area include the Italianate style, the Second Empire style,
the Romanesque style, the Gothic style, the Carpenter Gothic style, the Queen Anne style, the
Eastlake style, and the Victorian Period Eclectic style among others. This is a good example of
a late-19th century, mixed style building.

Silver Square Condos (5DV9331)
This is a two-story, L-shaped plan residential building with a polygonal roof and constructed of
brick. The building measures 170 by 170 feet and special features include canopies, decorative
brick masonry, belvederes, balconies, and the roof treatment. It is located at the intersection of
Five Points, Cole, and Whittier neighborhoods. The many diverse architectural styles
represented in the area include the Italianate style, the Second Empire style, the Romanesque
style, the Gothic style, the Carpenter Gothic style, the Queen Anne style, the Eastlake style, and



3.5-22                                                                                    September 2009
                                                                     Affected Environment, Environmental
East Corridor Final Environmental Impact Statement                          Consequences, and Mitigation


the Victorian Period Eclectic style among others. The building is a good example of the early-
20th century American movements’ mixed commercial style with Classical Revival elements.

A.R. Wilfrey and Sons (5DV9335)
This is a two-story, irregular-shaped plan commercial building with three distinct portions, each
with a different style of roof: flat, front gabled, and side gabled. The buildings are constructed of
brick, stucco, and corrugated steel and are structurally connected to each other. The
dimensions for this building are 345 feet by 163 feet and special features include parapets, false
fronts, roof treatments, arches, decorative masonry, and brickwork. This building is located near
both the Five Points and LoDo neighborhoods. It is near the LoDo eligible historic district
(5DV47) and the Warehouse Historic District (5DV5033), which is located immediately
northwest of the central business district in Denver. This building is a good example of the early-
20th century American movements’ mixed commercial style.

Historic Commercial Building at 3601 Wazee Street (5DV9474)
The building is a two-story, rectangle, late-19th century commercial style with some minimal
Italianate aspects. The building is made of brick and has multiple fixed-pane windows on the
first floor and double-hung windows on the second floor. Just above the second-floor windows
are six small, decorative diamond-shaped windows. The second-floor windows have stone sills
and lintels and decorative stonework surrounding the windows. There are three recessed
pedestrian entrances: one on Wazee Street, one on 36th Street, and one corner entrance at the
intersection of Wazee and 36th streets. There is one small bay door at the northwest corner,
opening onto 36th Street. The building has a flat roof with decorative parapet along the walls
facing Wazee and 36th streets.

Freedom Cab Company (5DV9501)
The Freedom Cab Company is approximately 0.44 acre with a one-story, rectangular plan,
commercial building of concrete masonry construction with a concrete foundation. The roof is
flat and without elaboration. This building is located within Northeast Park Hill, a neighborhood
of mixed industrial/commercial operations and residential properties. The building is Moderne in
character, inspired by the International Modernist Movements and possesses characteristics
important to the mid-20th century “Oblong Box” style of commercial building commonly
observed for stand-alone gas station type applications.

Pilgrim Rest Baptist Church (5DV9503)
This building is a one-story, irregular shaped structure of the Modern Contemporary style with a
variety of external wall materials including concrete, metal, wood, stone, and glass. The building
features flat and gable roof features, overhanging eaves with exposed roof beams, and large
areas of multi-paneled windows. It does not appear that the building has undergone any
substantial physical alterations or modifications since its construction in the late 1950s. This
building is important as a representative example of the Modern Contemporary style.

Tiscareno Residence (5DV9970)
This building is a two-story, brick building with a rectangular floor plan and a cross-gabled roof.
It is located in the Swansea neighborhood as presently recognized by CCD. The Swansea
neighborhood has significance in history as one of the largest ethnic working class
neighborhood in Denver and Colorado. The architectural resources in the neighborhood are
important for their vernacular style, from the 1880s through the 1930s, for their method of
construction and materials, and their association with the ethnic worker. This building is
important due to its association with the Swansea neighborhood and as a good example of a
Late Victorian Eastlake style. The historic physical integrity of this building has remained intact
over the years. The only integrity issues associated with this building are that some of the

September 2009                                                                                   3.5-23
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Consequences, and Mitigation                           East Corridor Final Environmental Impact Statement


windows on the second floor are of newer construction and the front porch may not be of period
construction.

Blake Street Glass Property (5DV10170)
This is a one-story, rectangular plan, commercial building with a flat asphalt roof; the external
wall materials consist of exposed brick, concrete masonry, and stucco. The building measures
64 feet by 38 feet and special features include ornamentation, façade treatment, a chimney, and
roof treatment. It is located at the intersection of Five Points, Cole, and Whittier neighborhoods.
The many diverse architectural styles represented in the area include the Italianate style, the
Second Empire style, the Romanesque style, the Gothic style, the Carpenter Gothic style, the
Queen Anne style, the Eastlake style and the Victorian Period Eclectic style among others. The
area is historically important because of its ties to many outstanding community leaders and
businesspersons, who lived alongside tradespersons, clerks, and laborers. Those features
stated as original define this building as a late Victorian Terrace type with east lake elements.
The remainder features conform to an early-20th century (1920-1940) American movement
commercial building with recent alterations.

Zevalking Property (5DV10181)
This is a one-story, irregular plan, residential building with a side gabled asphalt composite roof
and brick wall construction. The dimensions are 37 feet by 30 feet and special features include
a porch and a chimney. It is located in the Swansea neighborhood. The neighborhood is a mix
of single- and multi-family residential homes and industrial/commercial structures. The
architectural resources in this neighborhood are important for their vernacular style, from the
1880s through the 1930s, for their method of construction and materials, and their association
with the ethnic worker. This building is representative of a Tudor Revival architectural style.

Pacheco Property at 4248 Fillmore Street (5DV10191)
This is a one-story, rectangular plan residential building with a cross-gabled, composite material
roof and six-course, common, American-bond, brick masonry wall construction. The dimensions
are 50 feet by 24 feet and special features include a segmental arch, a porch, ornamentation,
and a chimney. It is located in the Swansea neighborhood. The neighborhood is a mix of single-
and multi-family residential homes and industrial/commercial structures. The architectural
resources in this neighborhood are important for their vernacular style, from the 1880s through
the 1930s, for their method of construction and materials, and their association with the ethnic
worker. This building is an example of the late Victorian vernacular architectural style with
Italianate elements.

Pacheco Property at 4250 Fillmore Street (5DV10192)
This is a one-story, L-shaped plan, residential building with a composite material roof and
stucco over brick wall construction. The dimensions are 42 feet by 26 feet and special features
include a porch and a chimney. It is located in the Swansea neighborhood. The neighborhood is
a mix of single- and multi-family residential homes and industrial/commercial structures. The
architectural resources in this neighborhood are important for their vernacular style from the
1880s through the 1930s, for their method of construction and materials, and their association
with the ethnic worker. This building is representative of a late Victorian vernacular type of
building.

Belo Property (5DV10193)
This is a one-story, rectangular plan, residential building with a hip-on-gable asphalt composite
roof and horizontal drop joint synthetic siding wall construction. The dimensions are 42 feet by
36 feet and special features include a porch, roof treatment, and a chimney. It is located in the
Swansea neighborhood. The neighborhood is a mix of single- and multi-family residential


3.5-24                                                                                   September 2009
                                                                   Affected Environment, Environmental
East Corridor Final Environmental Impact Statement                        Consequences, and Mitigation


homes and industrial or commercial structures. It has significance in history as one of the
largest ethnic working class neighborhoods in Denver and Colorado. The architectural
resources in this neighborhood are important for their vernacular style from the 1880s through
the 1930s, for their method of construction and materials, and their association with the ethnic
worker. All of the features observed on this building are consistent with an original 1910 to 1940
Craftsman style bungalow with late-20th century alterations.

Dierschow Property (5DV10197)
This is a one-story, square plan, commercial building with a flat roof and the exterior wall
construction consists of corrugated metal paneling, stucco, and exposed brick. The dimensions
are 77 feet by 72 feet and special features include a porch, roof treatment, ornamentation,
segmental arch, and a chimney. It is located in the Swansea neighborhood. The neighborhood
is a mix of single- and multi-family residential homes and industrial/commercial structures. It has
significance in history as one of the largest ethnic working class neighborhoods in Denver and
Colorado. The architectural resources in this neighborhood are important for their vernacular
style from the 1880s through the 1930s, for their method of construction and materials, and their
association with the ethnic worker. This building is representative of a Terrace type mission
style.

Walters Residence (5DV10207)
This is a one-story, rectangular plan, residential building with a front gabled composite roof and
brick wood frame construction. The dimensions are 41 feet by 25 feet and special features
include window treatment, porch and a chimney. It is located in the Swansea neighborhood. The
neighborhood is a mix of single- and multi-family residential homes and industrial/commercial
structures. The architectural resources in this neighborhood are important for their vernacular
style, from the 1880s through the 1930s, for their method of construction and materials, and
their association with the ethnic worker. The building is early-20th century American movement
with craftsman elements.

Haney Residence (5DV10227)
This building consists of a square plan, one-story building with a front gabled roof. There have
been few alterations to the original structure and many of the associated features are original.
The moderate pitched front gable roof of the porch has exposed rafters and overhanging eaves
and is supported by two tapered piers. This building is located in the Swansea neighborhood.
This building is important as a fine example of early-20th century bungalow-style construction.

Gomez and Villanueva Property (5DV10229)
This is a one-story, rectangular plan, commercial building with a barrel roof and constructed of
brick and concrete block. The dimensions are 78 feet by 45 feet and special features include
glass block, crenellation, a parapet front façade, and roof treatment. This building is located at
the intersection of the Five Points, Cole, and Whittier neighborhoods. This area represents
many diverse architectural styles, including revivals of the Italianate style, the Second Empire
style, the Romanesque style, the Gothic style, the Carpenter Gothic style, the Queen Anne
style, the Eastlake style, and the Victorian Period Eclectic among others. This building is a good
example of an Art Deco Denver Terrace style.

Denver Truck Parts, Inc. (5DV10231)
This is a two-story, irregular plan, commercial building with a flat roof and constructed of brick.
The dimensions are 118 feet by 73 feet and special features include brick corbelling, a parapet
roofline, glass block, and ornamentation. This building is located at the intersection of the Five
Points, Cole, and Whittier neighborhoods. This area represents many diverse architectural
styles, including revivals of the Italianate style, the Second Empire style, the Romanesque style,


September 2009                                                                                 3.5-25
Affected Environment, Environmental
Consequences, and Mitigation                           East Corridor Final Environmental Impact Statement


the Gothic style, the Carpenter Gothic style, the Queen Anne style, the Eastlake style, and the
Victorian Period Eclectic among others. This building is a good example of a Denver Terrace
style combined with an early-20th century American movement commercial style.

Professional Floor Machine (5DV10237)
This is a one-story, L-shaped plan, commercial building with a flat roof and constructed of brick.
The dimensions in feet for this building are 254 feet by 177 feet and special features include the
roof treatment, glass block, and some ornamentation. This building is located in the Swansea
neighborhood. This building is a good example of the Modern Movement Moderne style.

UPRR Segment Denver County (5DV10294.1 and 5DV10294.3)
The railroad itself is constructed of two 2-inch by 6-inch dimension ‘I’ FeC (steel) rails upon 8-
inch by 8-inch by 6-feet treated timber ties. The rails are fastened to the ties via 8-inch by 4-
inch, 0.25-inch steel plates on either lateral side of the rail, which are then fastened with 7.5-
inch by 0.50-inch FeC standard railroad spikes. The rails appear to be standard gauge or 4.71
feet off center. This segment of the UPRR and its associated structures and features in Denver
County have undergone a number of alterations and modifications over the years: the tracks,
rail ties, and track bedding have been replaced or modified, and a number of spurs have been
rerouted or altered to accommodate the changing business climate of the areas through which it
travels. Despite these changes, the mainline remains located along its original alignment and
historic ROW and retains its integrity of location, design, setting, materials, workmanship,
feeling, and association.

City and County of Denver Jail (5DV10446)
The Denver County Jail consists of eight distinct buildings located throughout a 6.33-acre site
area located southeast and adjacent to the intersection of Havana Street and Smith Road. It
was constructed between 1954 and 1956 to replace the 1890 County Penitentiary located in
downtown Denver. The buildings within the complex include a large central main building with
seven definable ancillaries and a central guard tower. The main building has a complex,
multiple-corner plan, while the ancillaries generally have a simple rectangular plan. In general
terms, the buildings are of a concrete block masonry construction with flat roofs and express a
distinctly austere, utilitarian exterior. The buildings are surrounded by several areas enclosed by
fences. The entire property is then surrounded by three approximately 20-foot high chain link
fences that are layered concentrically and are further bolstered by extensive amounts of
concertina wire.

Gardener – Denver Building (5DV10513)
This property consists of four visually distinct, attached buildings located on the southeast
corner of the block and is associated with 3939 through 3959 Williams Street. The original
(1909) building occupies the corner of 39th Avenue and Williams Street and has two additions.
The western portion of these additions connects the original building to a one-story brick
building on 39th Avenue. The main building is located on the corner of 39th Avenue and
Williams Street and is a two-story example of a commercial style building of the early 20th
century. The building has two distinct architectural components with several other additions. The
main building is three stories tall, the bottom-most of which is a garden-level floor, and has a
poured concrete foundation. It is a brick building with Flemish stretcher bond brick masonry.
This building is important under Criterion A, for its association with events and patterns of
events that have made a important contribution to our nation's history. The building was the site
of manufacture for tools that were important to mining technology in the state of Colorado and
elsewhere, and is the site most associated with the invention of the Waugh Drill, which was
used in diamond mining in South Africa.



3.5-26                                                                                   September 2009
                                                                      Affected Environment, Environmental
East Corridor Final Environmental Impact Statement                           Consequences, and Mitigation


Denver Rock Drill Manufacturing Company (5DV10514)
This property is part of a large industrial complex encompassing a single city block, including a
vacated portion of Gilpin Street between 39th and 40th avenues. Numerous additions to the
original complex result in the appearance of a single continuous building comprised of separate
attached buildings. The building complex has an overall L-shaped plan with two curved roads
(former railroad spurs) accessing the interior of the complex from the north along the UPRR.
This building is important under Criterion A, for its association with events and patterns of
events that have made a important contribution to our nation's history. As with 5DV10513, this
building was the site of manufacture for tools that were important to mining technology in the
state of Colorado and elsewhere, and is the site most associated with the invention of the
Waugh Drill, which was used in diamond mining in South Africa. The building is also eligible
under Criterion C, as it represents a distinctive type of construction, particularly in the patterning
of the brickwork.

Harpel Oil Company (Mijare’s Automotive) (5DV10518)
The Mijare’s Automotive Shop is a single-story example of the oblong box type buildings
associated with the mid-20th century. Rendered in the modern style, the small building features
curved, decorated corners, a banded decorative cornice, and an all metal exterior. The building
has a modified rectangular plan that is approximately 25 feet (east to west) by 40 feet (north to
south) in size. The shop has a framed construction, clad on the exterior with smooth sheet metal
paneling. This building is eligible under Criterion A because historic research has revealed that
it once was a gasoline service station. This building was constructed by Harpel Oil Company,
which was an early oil company in the Denver area that had several service stations in north
central Denver. Gasoline service stations such as this played an important role in the
development of commerce and travel in the mid-20th century.

McCurty Paint Company Plant and Offices (5DV10522)
This property is a multiple-story, early 20th century, commercial building that is currently a
mixed-use commercial and multiple-family residential building. Rendered in the Neoclassical
Revival style, the building features arched window bays, arcaded pilasters, and a prominent
decorative cornice, forming a vertical façade that emulates the dramatic classical porticos of the
style. The historic physical integrity of this building has remained intact, although the property
has suffered some alterations to the inside when the building was converted from a
manufacturing facility to an office. The exterior materials, workmanship, and association to other
buildings in the area has remained good. This building is important as a good example of an
early 20th century commercial building, rendered in the Neoclassical Revival style.

Vasquez Residence (5DV10583)
The property is a two-story brick Late Victorian style house, which falls into the Edwardian
category. The house rests on a concrete foundation, and the walls are running bond brick
construction painted off-white, with teal trim. The house is well-maintained, and the original
doors and windows appear to be protected by storm doors and windows, which will aid in their
ongoing preservation. The historic physical integrity the property is excellent, and it is
recommended as NRHP-eligible under Criterion C as a representative example of a Late
Victorian style house.

3.5.2.2     Environmental Consequences
According to the Section 106 Regulations of the National Historic Preservation Act, an effect on
an historic property is defined as an “alteration to the characteristics of an historic property
qualifying it for inclusion in or eligibility for the NRHP” (36 CFR §800.5). For the purposes of this
analysis, effects are discussed as adverse effect or no adverse effect.


September 2009                                                                                    3.5-27
Affected Environment, Environmental
Consequences, and Mitigation                            East Corridor Final Environmental Impact Statement


    •    No historic properties affected applies when there are no historic properties present, or
         there are historic properties present but the undertaking will have no effect upon them.
    •    An adverse effect is any physical intrusion to an individual structure, district, or other
         cultural resource or to its surrounding property boundary caused by the proposed action
         (40 CFR §1508.5[a][1]).
    •    No adverse effect may include a direct or indirect effect to a historic property, but the
         effect does not diminish the qualities that make the property important.

Like other resources, an impact on a historic property may be direct or indirect. The definition of
direct and indirect impacts, however, is different for historic resources than it is for all other
resources. As described in the beginning of this chapter, the traditional definition of a direct
impact is one that “occurs immediately with implementation of the proposed action” whereas an
indirect impact is, “caused by the proposed action later in time but are reasonably foreseeable,
or impacts further removed in distance”. For historic resources, direct impacts are defined as
those that would cause a physical change to a structure or ROW. Indirect impacts are those that
do not cause a physical change, but could alter the character through factors such as noise,
visual aesthetics, or historic setting. Such impacts are considered adverse effects if they affect
the historic integrity of a structure, district, or other cultural resource.

For the purposes of determining effects to historic resources, “historic setting” is defined as the
general character of any given area and reflects the origins of an area’s development, its
cultural and architectural cohesion, and the overall appearance and sentiment that define it.

Effects to historic properties are summarized in the following subsections by alternative. As part
of the East Corridor NEPA process, SHPO has provided concurrence on these determinations
of effect.

3.5.2.2.1       No-Action Alternative
The No-Action Alterative does not result in any direct, indirect, or temporary construction
impacts to historic resources.

3.5.2.2.2       Preferred Alternative
The Preferred Alternative would affect 30 historic resources. Of these, four would be adversely
affected by ROW acquisition and 26 would be indirectly affected by visual, historic setting,
and/or noise impacts with no adverse effects, as shown in Table 3.5-3. According to 36 CFR
§800.5, “an adverse effect is found when an undertaking may alter, directly or indirectly, any of
the characteristics of a historic property that qualify the property for inclusion in the National
Register in a manner that would diminish the integrity of the property's location, design, setting,
materials, workmanship, feeling, or association.” In addition, 73 properties that are considered
potentially eligible (have not been field surveyed) would be indirectly affected by noise impacts
with no adverse effects. The same effects would result from the Smith Road Realignment
Design Options 1 and 2, the 40th Avenue Design Options 1 and 2, and the New Castle Design
Options 1 and 2. Additional effects determination information for the direct and indirect impacts
of the Preferred Alternative for properties that have been field surveyed follows Table 3.5-3.




3.5-28                                                                                    September 2009
                                                                           Affected Environment, Environmental
East Corridor Final Environmental Impact Statement                                Consequences, and Mitigation


                                            Table 3.5-3
                                Summary of Historic Resource Effects
                                                      National
   Site          Resource        Property Name/                       Direct         Indirect
                                                      Register                                       Finding
  Number           Type             Address                          Impacts         Impacts
                                                      Eligibility
                                                                                                       No
                  Historic       UPRR Segment                                        Historic
5AM472.14                                              Eligible       None                           adverse
                  railroad       Adams County                                     setting, visual
                                                                                                      effect
                               Denver Utah Pacific
                                Railroad, Chicago
                                Burlington Quincy                   Removal of
5AM1888.5
                  Historic        Siding & Spur                         linear        Loss of        Adverse
   and                                                 Eligible
                  railroad     (Waterworks Sales                      resource       segment          effect
5DV6243.7
                              Co, J.M. Warner Co,                    for CRMF
                              & Richardson Lumber
                                       Spur
                                Derby Lateral (High                  Channel-
                                                                     izing with
                  Historic     Line Canal Lateral A                                                  Adverse
5DV840.13                                              Eligible       culvert,        None
                 structure     Extension/ Segment                                                     effect
                                                                        ROW
                               “The Doherty Ditch”)                 acquisition
                                                                                      Historic         No
                  Historic        Lee Property
 5DV5840                                               Eligible       None        setting, visual,   adverse
                  house        4026 Madison Street
                                                                                       noise          effect
                                35th and Blake St.
                 Historic
                                  LLC. Property                       ROW                            Adverse
 5DV9309       commercial                              Eligible                       None
                                 3459-3463 Blake                    acquisition                       effect
                 building
                                      Street
                 Historic        Fire Clay Lofts                                                       No
                                                                                     Historic
 5DV9330       commercial           Property           Eligible       None                           adverse
                                                                                  setting, visual
                 building       3225 Blake Street                                                     effect
                 Historic                                                                              No
                              Silver Square Condos                                   Historic
 5DV9331       commercial                              Eligible       None                           adverse
                                3317 Blake Street                                 setting, visual
                 building                                                                             effect
                 Historic     A.R. Wilfrey and Sons                                                    No
                                                                                     Historic
 5DV9335       commercial       2763-2807 Blake        Eligible       None                           adverse
                                                                                  setting, visual
                 building             Street                                                          effect
                 Historic                                                                              No
                                                                                     Historic
 5DV9474       commercial       3601 Wazee Street      Eligible       None                           adverse
                                                                                  setting, visual
                 building                                                                             effect
                 Historic         Freedom Cab
                                                                      ROW                            Adverse
 5DV9501       commercial           Company            Eligible                       None
                                                                    acquisition                       effect
                 building        6030 Smith Road
                               Pilgrim Rest Baptist                                   Historic         No
                  Historic
 5DV9503                              Church           Eligible       None        setting, visual,   adverse
                  church
                                6100 Smith Road                                        noise          effect
                                                                                                       No
                  Historic     Tiscareno Property                                    Historic
 5DV9970                                               Eligible       None                           adverse
                  house        4254 Clayton Street                                setting, visual
                                                                                                      effect
                 Historic       Blake Street Glass                                                     No
                                                                                     Historic
5DV10170       commercial            Property          Eligible       None                           adverse
                                                                                  setting, visual
                 building       3433 Blake Street                                                     effect


September 2009                                                                                          3.5-29
Affected Environment, Environmental
Consequences, and Mitigation                                East Corridor Final Environmental Impact Statement


                                           Table 3.5-3
                               Summary of Historic Resource Effects
                                                      National
   Site        Resource         Property Name/                        Direct         Indirect
                                                      Register                                       Finding
  Number         Type              Address                           Impacts         Impacts
                                                      Eligibility
                               Zevalking Property                                     Historic         No
                 Historic
5DV10181                        4300-4304 Cook         Eligible       None        setting, visual,   adverse
                 house
                                     Street                                            noise          effect
                                Real Estate LLC                                       Historic         No
                 Historic
5DV10191                           Property            Eligible       None        setting, visual,   adverse
                 house
                              4248 Fillmore Street                                     noise          effect
                                Real Estate LLC                                       Historic         No
                 Historic
5DV10192                           Property            Eligible       None        setting, visual,   adverse
                 house
                              4250 Fillmore Street                                     noise          effect
                                                                                      Historic         No
                 Historic        Belo Property
5DV10193                                               Eligible       None        setting, visual,   adverse
                 house        4260 Fillmore Street
                                                                                       noise          effect
                 Historic                                                                              No
                           Dierschow Property                                        Historic
5DV10197       commercial                              Eligible       None                           adverse
                          4216 Josephine Street                                   setting, visual
                 building                                                                             effect
                               Walters Residence                                      Historic         No
                 Historic
5DV10207                        4201 Milwaukee         Eligible       None        setting, visual,   adverse
                 house
                                     Street                                            noise          effect
                                                                                      Historic         No
                 Historic       Haney Residence
5DV10227                                               Eligible       None        setting, visual,   adverse
                 house        4246 Thompson Court
                                                                                       noise          effect
                 Historic           Gomez and                                                          No
                                                                                     Historic
5DV10229       commercial      Villanueva Property     Eligible       None                           adverse
                                                                                  setting, visual
                 building      3719 Walnut Street                                                     effect
                 Historic      Denver Truck Parts,                                                     No
                                                                                     Historic
5DV10231       commercial             Inc.             Eligible       None                           adverse
                                                                                  setting, visual
                 building      3789 Walnut Street                                                     effect
                               Professional Floor
                 Historic                                                                              No
                                    Machine                                          Historic
5DV10237       commercial                              Eligible       None                           adverse
                                4228-4238 York                                    setting, visual
                 building                                                                             effect
                                     Street
                                                                                                       No
5DV10294.1       Historic       UPRR Segments                         ROW            Historic
                                                       Eligible                                      adverse
5DV10294.3       railroad        Denver County                      acquisition      setting
                                                                                                      effect
                                                       Needs
                               City and County of                                     Historic         No
                 Historic                               data,
5DV10446                       Denver Jail 10500                      None        setting, visual,   adverse
                county jail                           potentially
                                   Smith Road                                          noise          effect
                                                       eligible
                 Historic       The Gardener –                                                         No
                                                                                     Historic
5DV10513       commercial       Denver Building        Eligible       None                           adverse
                                                                                  setting, visual
                 building     1777 E. 39th Avenue                                                     effect
                              The Denver Rock Drill
                 Historic        Manufacturing                                                         No
                                                                                     Historic
5DV10514       commercial          Company             Eligible       None                           adverse
                                                                                  setting, visual
                 building     3939 - 3959 Williams                                                    effect
                                     Street


3.5-30                                                                                          September 2009
                                                                         Affected Environment, Environmental
East Corridor Final Environmental Impact Statement                              Consequences, and Mitigation


                                            Table 3.5-3
                                Summary of Historic Resource Effects
                                                       National
   Site          Resource        Property Name/                       Direct      Indirect
                                                       Register                                   Finding
  Number           Type             Address                          Impacts      Impacts
                                                       Eligibility
                 Historic       Harpel Oil Company                                                  No
                                                                                  Historic
5DV10518       commercial      (Mijare’s Automotive)    Eligible      None                        adverse
                                                                               setting, visual
                 building        3900 York Street                                                  effect
                               The McCurty Paint
                 Historic      Company Plant and                                                    No
                                                                                  Historic
5DV10522       commercial           Offices             Eligible      None                        adverse
                                                                               setting, visual
                 building      2601 - 2609 Blake                                                   effect
                                     Street
                                  The Vasquez                                      Historic         No
                  Historic
5DV10583                           Residence            Eligible      None     setting, visual,   adverse
                  house
                                4114 Adams Street                                   noise          effect


Direct Impacts
Four historic resources located in the APE would have direct impacts due to resource
modification or ROW acquisition and are adversely affected.

Denver Utah Pacific Railroad, Chicago Burlington Quincy Siding & Spur (Waterworks
Sales Co, J.M. Warner Co, & Richardson Lumber Spur (5AM1888.5 and 5DV6243.7). This
linear resource is recorded as eligible for the NRHP for its association with the expansion of the
rail network in Denver. The resource is located entirely within the CRMF Fox North site, as
shown in Figure 3.5-2. This railroad segment is a standard gauge siding located along the
western edge of Fox Street. The entire resource would be replaced with new rail, ballast, and
facilities to maintain the FasTracks commuter rail trains resulting in an adverse effect on this
resource.




September 2009                                                                                       3.5-31
Affected Environment, Environmental
Consequences, and Mitigation                      East Corridor Final Environmental Impact Statement


                                         Figure 3.5-2
           Denver Utah Pacific Railroad, Chicago Burlington Quincy Siding & Spur
             (Waterworks Sales Co, J.M. Warner Co, & Richardson Lumber Spur
                                (5AM1888.5 and 5DV6243.7)




3.5-32                                                                              September 2009
                                                                 Affected Environment, Environmental
East Corridor Final Environmental Impact Statement                      Consequences, and Mitigation


Derby Lateral (High Line Canal Lateral A Extension/Segment “The Doherty Ditch”)
(5DV840.13). The Derby Lateral is recorded as eligible for the NRHP under the name High Line
Canal Lateral A Extension/Segment “The Doherty Ditch.” The Preferred Alternative would
adversely affect 0.23 acres of the Derby Lateral where the mainline crosses the canal on the
east side of Peña Boulevard as seen in Figure 3.5-3. The canal would likely be enclosed
underground through a culvert at this location, which is an adverse effect to this resource. As
design of the Preferred Alternative continues, engineering and design modifications would be
considered based on coordination with SHPO to minimize the effects to this resource.

                                          Figure 3.5-3
                 Derby Lateral High Line Canal Lateral A Extension (5DV840.13)




September 2009                                                                               3.5-33
Affected Environment, Environmental
Consequences, and Mitigation                          East Corridor Final Environmental Impact Statement


35th and Blake St. LLC. (5DV9309). The Preferred Alternative alignment would cross through
the northern edge of the property as it approaches the 38th/Blake station. The Preferred
Alternative would require a potential partial acquisition of approximately 0.27 acre of the
property (34 percent), resulting in an adverse effect, as shown in Figure 3.5-4.

                                            Figure 3.5-4
                                35th and Blake Street LLC (5DV9309)




3.5-34                                                                                  September 2009
                                                                    Affected Environment, Environmental
East Corridor Final Environmental Impact Statement                         Consequences, and Mitigation


Freedom Cab Company (5DV9501). Roadway improvements associated with the Preferred
Alternative would shift the existing alignment of Smith Road south onto the north edge of the
resource property. The roadway improvements would require a potential partial acquisition of
approximately 0.08 acre (18 percent) from the property, resulting in an adverse effect, as shown
in Figure 3.5-5.

                                           Figure 3.5-5
                                  Freedom Cab Company (5DV9501)




Indirect Impacts
Indirect effects to historic resources are defined as impacts that do not cause a physical
change, but could alter the character through factors such as noise, visual aesthetics, or historic
setting. Such effects are considered adverse effects if they affect the historic integrity of a
structure, district, or other cultural resource. This definition of an indirect effect is unique to
cultural resources.

Of the 30 affected resources, 26 would have indirect impacts and would not be adversely
affected. All of the indirectly impacted resources would be affected by visual and historic setting
impacts. Ten would be affected by an increase in noise as well as visual and historic setting
impacts.


September 2009                                                                                  3.5-35
Affected Environment, Environmental
Consequences, and Mitigation                             East Corridor Final Environmental Impact Statement


Visual and historic setting impacts include the introduction of new transportation technologies
and associated features into the area (e.g., transit vehicles and overhead contact systems
including, but not limited to, 22 to 32 foot-tall poles and catenary wires). It is not anticipated that
these visual impacts and intrusions on the historic setting would change the character or use of
the historic properties since the improvements are located in an existing railroad or urban
setting, and would not alter, directly or indirectly, any of the characteristics of the properties that
qualify them for inclusion in the NRHP. None of the properties with indirect visual and historic
setting impacts would be adversely affected.

Noise levels are not expected to rise to a level that would impair the continued use and
maintenance of any historic property. According to FTA noise criteria, there would be an
additional 73 potentially eligible properties that would be indirectly impacted by noise. The
proposed mitigation of implementing a quiet zone along the corridor would address all of the
noise impacts to these 73 potentially eligible historic properties. While these are considered
noise impacts (see Section 3.9.1, Noise), the incremental increase in the noise level would
result in no adverse effect to the historic properties because of the proposed mitigation.

Temporary Construction Impacts
The Preferred Alternative would result in no temporary construction impacts to historic
resources.

3.5.2.3     Mitigation
Section 106 of the National Historic Preservation Act of 1966, as amended, requires federal
agencies to take into account the impacts a proposed action may have on cultural resources.
The most effective mitigation measure is avoidance; however, avoidance is not always possible.
Alternatives or modifications have been evaluated for the undertaking that minimize or mitigate
adverse effects to historic properties. Groups that participate in this process include the FTA,
ACHP, SHPO, consulting parties with an interest in historic properties, and the public. Mitigation
is designed to take into account the magnitude of the undertaking and the nature of its effects
on historic properties. A memorandum of agreement is being established between SHPO, FTA,
and RTD to mitigate adverse effects to historic properties and additional mitigation will
be refined through consultation with these groups.

Table 3.5-4 summarizes the impacts to historic resources by the Preferred Alternative and
mitigation measures.




3.5-36                                                                                     September 2009
                                                                    Affected Environment, Environmental
East Corridor Final Environmental Impact Statement                         Consequences, and Mitigation


                                      Table 3.5-4
      Historic Resources Impacts and Mitigation Related to the Preferred Alternative

                        Impacts                                          Mitigation
Direct Impacts                                           •   Coordinate with SHPO and consulting
 • Adverse effects to four historic resources:               parties through design phase.
      • High Line Canal Lateral A Extension/
         Segment “The Doherty Ditch” (5DV840.13)         •   Explore additional minimization of impact
                                                             to resource during final design.
      • Two historic buildings (5DV9309 and
         5DV9501)                                        •   A memorandum of agreement is being
                                                             established between SHPO, FTA, and
                                                             RTD.
      •   Denver Utah Pacific Railroad, Chicago          •   Coordinate with SHPO and consulting
          Burlington Quincy Siding & Spur                    parties through design phase.
          (Waterworks Sales Co, J.M. Warner Co, &
          Richardson Lumber Spur) (5AM1888.5 and         •   Memorandum of agreement has been
          5DV6243.7)                                         established with SHPO, FTA, and RTD
                                                             through the RTD Gold Line project’s NEPA
                                                             process.
                                                         •   Included as mitigation in the memorandum
                                                             of agreement is a Level II documentation
                                                             found in OAHP Form no. 1595, Historical
                                                             Resource Documentation; Standards for
                                                             Level I, II, III Documentation. This
                                                             mitigation will be implemented before
                                                             construction.
Indirect Impacts                                         •   Implement quiet zones. If quiet zones are
• Indirect impacts to 26 properties from a                   not feasible, wayside horns and building
    combination of noise, visual, and historic setting       insulation will be used.
    impacts result in no adverse effect.                 •   Develop a communication plan as part of
• Additional 73 potentially eligible properties that         the construction management plan.
    would be indirectly impacted by noise
                                                         •   Incorporate sensitive design of aerial
                                                             structures and retaining walls.
Temporary Construction Impacts                           •   No mitigation required.
   • No impacts.




September 2009                                                                                  3.5-37
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3.5-38                                                                                    September 2009
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East Corridor Final Environmental Impact Statement                         Consequences, and Mitigation


3.5.3 Archaeological and Paleontological Resources
Archaeological resources (prehistoric and historic) are locations where human activity
measurably altered the earth or left deposits of physical remains (e.g., arrowheads or bottles).
Prehistoric resources that predate the advent of written records in a region range from a scatter
composed of a few artifacts to village sites and rock art. A traditional archaeological resource is
defined as a property that is eligible for inclusion in the NRHP because of its association with
cultural practices or beliefs that are rooted in a community’s history and is important in
maintaining its continuing cultural identity. Traditional archaeological resources include
buildings, neighborhoods, prominent topographic features, habitats, plants, animals, and
minerals that Native Americans or other groups consider essential for the persistence of their
traditional culture.

Archaeological resources include paleontological resources or fossils, which are the remains,
imprints, or traces of once-living organisms preserved in rocks and sediments. Fossils are
considered non-renewable resources because the organisms they represent no longer exist;
thus, once destroyed, a fossil can never be replaced.

Summary of Results
The Preferred Alternative would result in no known direct, indirect, or temporary construction
impacts to archaeological and paleontological resources; however, construction of the Preferred
Alternative has the potential to result in the destruction of currently unknown archaeological and
paleontological resources below ground. Any newly exposed resources will be identified,
evaluated, recovered, analyzed, and preserved. There is no anticipated difference in impacts
between the Smith Road Realignment Options 1 and 2, the 40th Avenue Design Options 1 and
2, or the New Castle Design Options 1 and 2.

3.5.3.1     Affected Environment
Information about archaeological resources in the cultural resources APE was obtained from the
following sources:
     • A records search of the project area was conducted at the Colorado OAHP
     • Historic maps and other relevant data were reviewed at public libraries and museums
     • Archaeologists conducted a Class III intensive archaeological survey on 40 vacant
        parcels within the proposed project construction limits

These efforts resulted in identifying no known archaeological resources within the project area.

There are eight geologic units underlying the project area, five of which are known to contain
fossils of varying significance. The paleontological sensitivities of these units was evaluated
using resource assessment criteria with rankings of high, moderate, low, or no sensitivity. The
only geologic unit within the project area that is considered to have high paleontological
sensitivity is the Denver/Arapahoe Formation. The depth of this formation within the project area
is unknown, but based on geologic maps it is probably greater than 10 feet below the surface
(Lindvall, 1979, 1980, 1983). The geologic units with low sensitivity are all surficial deposits
known to produce scattered and often poorly preserved fossil remains in the Denver area,
although many of these remains are identifiable vertebrate fossils that are scientifically
important under Society of Vertebrate Paleontology guidelines.

A database search of the University of Colorado Museum and the Denver Museum of Nature
and Science records revealed no previously recorded fossil localities within the project area.
Within approximately six miles of the project area, 25 previously documented localities (at least


September 2009                                                                                  3.5-39
Affected Environment, Environmental
Consequences, and Mitigation                            East Corridor Final Environmental Impact Statement


13 within the Denver Formation) occur, and five previously recorded fossil localities (geological
formations unknown) occur within one mile of the project area.

3.5.3.2     Environmental Consequences
The potential for direct adverse effects on important fossils is controlled by two factors: the
depth and size of the area where fossils may exist, and the depth and size of the disturbance to
that area. Where the ground is disturbed over an area where fossils may exist, the potential for
direct adverse effects occur including breakage and crushing of fossils. At the time of this
analysis, precise information regarding the depth of proposed excavations or the thickness and
depth of underlying fossiliferous bedrock and/or surficial sediments (where fossils are likely to
occur) within the APE is unavailable. Potential adverse effects to unrecorded paleontological
resources are unknown.

Direct and indirect impacts to archaeological resources would be an “alteration to the
characteristics of a historic property qualifying it for inclusion in or eligibility for the National
Register” (36 CFR §800.16[i]). For the purposes of this analysis, effects are discussed as either
adverse or not adverse. An adverse effect is any physical intrusion to an individual
archaeological resource or to its surrounding property boundary caused by the proposed action
(40 CFR §1508.8). Additional effects, such as noise, visual effects, vibration, and changes in
historic setting can also be considered adverse if they adversely affect the historic integrity of a
resource. Loss of important archaeological resources that have yielded, or may be likely to
yield, information important to our prehistory or history is also considered an important adverse
effect.

Direct and indirect impacts from the Preferred Alternative to paleontological resources could
result from the loss of any identifiable fossil that could yield information important to prehistory,
or that embody the distinctive characteristics of a type of organism, environment, period of time,
or geographic region. Any loss of paleontological resources will be a direct adverse effect.
Direct adverse effects are primarily the potential destruction of paleontological resources and
the loss of information associated with these resources.

The majority of the project area has been disturbed by years of development and
redevelopment. Archaeologists conducted Class III surveys on the parcels with the potential to
contain archaeological resources and for which right of entry was granted. Properties that were
deemed to have the potential for archaeological resources, but for which right of entry was not
granted, will be surveyed prior to the implementation of the Preferred Alternative.

3.5.3.2.1       No-Action Alternative
The No-Action Alterative would not result in any direct, indirect, or temporary construction
impacts to archaeological (including paleontological) resources.

3.5.3.2.2       Preferred Alternative
The Preferred Alternative would result in no known direct, indirect, or temporary construction
impacts to archaeological (including paleontological) resources. The Preferred Alternative would
have subsurface disturbance, with most construction activity occurring at, or just below, the
existing grade. Excavation has the potential to result in the destruction of currently unknown
archaeological and paleontological resources. If located, these resources will be handled
according to standard mitigation measures, and any newly exposed resources will be made
available for identification, evaluation, data recovery, scientific analysis, and preservation.




3.5-40                                                                                    September 2009
                                                                     Affected Environment, Environmental
East Corridor Final Environmental Impact Statement                          Consequences, and Mitigation


3.5.3.3     Mitigation
Future surveys and project-related construction may result in identification of sites eligible for
listing on the NRHP. Adverse impacts to any archaeological sites found to be eligible for listing
on the NRHP that cannot be avoided will be mitigated through the implementation of a data
recovery plan. This plan will address research goals important to an understanding of Colorado
prehistory and history. If eligible archaeological sites are discovered, mitigation measures will
incorporate the assistance and involvement of Native American groups so that adverse effects
on Native American resources can be efficiently and appropriately avoided. Finally, if
archaeological resources are encountered during the construction phase of this project, all
construction activities will stop until a qualified archaeologist can evaluate the resource.

Standard mitigation measures, which follow the guidelines of the Society of Vertebrate
Paleontology and meet the standards of federal agencies and the state of Colorado, will be
implemented to avoid or minimize impacts to paleontological resources.

Areas of no paleontological sensitivity within the APE do not require mitigation.

Table 3.5-5 summarizes the impacts to archaeological (including paleontological) resources by
the Preferred Alternative and mitigation measures.

                                      Table 3.5-5
Archaeological (Including Paleontological) Resources Impacts and Mitigation Related to
                               the Preferred Alternative
                      Impacts                                         Mitigation
 Direct Impacts                                      •   Develop a worker awareness training
  • Potential impacts to unknown                         program and monitor project during
     archaeological resources.                           construction.
                                                     •   Perform data recovery and excavation.
                                                     •   Where known archaeological sites are
                                                         present, avoid ground disturbing demolition
                                                         and/or removals where possible.
                                                     •   Perform archaeological monitoring during
                                                         construction activities. If cultural deposits
                                                         are discovered during construction, cease
                                                         work in the area of discovery and notify
                                                         SHPO. The designated representative will
                                                         evaluate any such discovery, and in
                                                         consultation with SHPO, complete
                                                         appropriate mitigation measures, if
                                                         necessary, before construction activities are
                                                         resumed.
 Indirect Impacts                                    •   No mitigation required.
 • No impacts.
 Temporary Construction Impacts                      •   No mitigation required.
 • All construction impacts are direct impacts.




September 2009                                                                                   3.5-41
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3.5-42                                                                                    September 2009

				
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