The potential for disproportionately high and adverse human health or environmental effects on minority and low-income populations was evaluated in the EA in accordance with Executive Order 12898, U.S. Department of Transportation Order 5610.2(a) and FTA’s  Environmental Justice Circular 4703.1. Environmental justice populations occur throughout the study area. Effects resulting from Project construction and operations related to ROW, traffic, air quality and noise would occur equally in all neighborhoods adjacent to the alignment. Mitigation measures to reduce these effects are identified in Table ES-2 in the Executive Summary and are discussed in Section 3.14.2 of the EA. The communities near the Project corridor are anticipated to benefit from increased transit accessibility and decreased congestion on many local streets, improved air quality and improved connectivity and travel times between neighborhoods and businesses within the study area. FTA finds that the Project would not have disproportionately high and adverse human health or environmental effects on minority or low-income populations.

Executive Orders 13609 and 11988: Floodplain Management. Portions of the Project are within the 100-year floodplain associated with the Salt River, Grand Canal and Western Canal. With the exception of the Central Avenue Bridge over the Salt River, the Project is in an area already developed with impervious surfaces with well-developed drainage infrastructure and would not increase the risk of flooding. The Salt River area would be graded to preconstruction elevations once construction is complete and, thus, the Project would not substantially modify topography. The Project would not cause an adverse effect to the 100-year water surface profile or result in any increase in flooding associated with the 100-year event on adjacent properties, including existing buildings, structures, or other beneficial uses. Therefore, FTA finds there would be no significant impact related to floodplains from the Project.

Section 4(f) and Section 6(f) Compliance.  As discussed in Section 3.11 of the EA, the Project is located near parks and other historical and archeological resources that qualify as Section 4(f) resources under Section 4(f) of the Department of Transportation Act of 1966, codified in 49 U.S.C. 303 and its implementing regulations at 49 C.F.R. Part 774. Archaeological sites Pueblo Viejo/ ‌AZ T:12:73 (ASM) and Canal Seven/ AZ T:12:187(ASM) were determined to be eligible for the National Register of Historic Places based on their information potential (Criterion D).  This criterion applies to properties that have yielded, or may be likely to yield, information important in prehistory or history and what can be gained through data recovery. These sites have minimal value for protection in place per 23 CFR 774.13(b)(2); therefore, Section 4(f) does not apply to them.

The Project would result in a direct use of fifteen historic Section 4(f) resources through ROW takes. The acquisition of ROW within the 15 historic properties would not adversely affect the architectural features or ability of the buildings and/or structures to convey their historical significance. Therefore, FTA has determined that the direct use of these Section 4(f) properties would be result in de minimis impacts, consistent with 23 CFR 774.17(5). FTA further finds that the Project would not result in constructive use, or temporary occupancy, of Section 4(f) resources.

Section 6(f) of the Land and Water Conservation Fund (LWCF) Act, administered by the Interagency Committee for Outdoor Recreation and the Department of the Interior’s National Park Service, pertains to projects that would cause impacts on, or the permanent conversion of, outdoor recreational property acquired with LWCF assistance. Central Park, the closest Section 6(f) resource to the Project is approximately 0.10 mile away. The Project would not affect or result in the acquisition or conversion of any portion of any Section 6(f) resources.

The Project was determined not to be a project of air quality concern consistent with 40 C.F.R. 93.123(b)(1). Therefore, a hotspot analysis for particulate matter (PM2.5 and PM10) was not required. A project-level CO screening (hot-spot analysis) was also completed for the Project, as documented in Section 3.7.3 of the EA. The Project involves an electrically powered light rail line and would not operate vehicles that contribute to diesel particulate matter. The Project would not cause or contribute to any new violation of any standard in any area; increase the frequency or severity of any existing violation of any standard in any area or delay timely attainment of any standard or any required interim emission reductions or other milestones in the area. FTA finds that the Project would not result in a significant impact on air quality.

In accordance with Section 106 of the National Historic Preservation Act (54 U.S.C. 300101 et seq.) and its implementing regulations at 36 C.F.R. Part 800, FTA, in coordination with Valley Metro and the City of Phoenix Historic Preservation Office, defined an area of potential effect (APE). The State Historic Preservation Office (SHPO) concurred with the delineation of the APE on October 14, 2015 and the revised APE on June 6, 2016. FTA and Valley Metro initiated consultation with Native American groups and other parties on August 31, 2015 and continued consultation on May 10, 2016. Native American Tribes were provided an opportunity to share information or concerns regarding potential impacts on prehistoric sites, sacred sites and/or traditional cultural properties consistent with 36 C.F.R. 800.2 and 36 C.F.R. 800.4. Three consulting parties, the Gila River Indian Community, San Carlos Apache Tribe, and the Bureau of Reclamation provided comments on the EA, but none objected to the findings in the EA. In their letter dated June 6, 2016 (Attachment 2), SHPO concurred on the determination of eligibility for the National Register of Historic Places. 

The Project would require in partial property acquisitions of fifteen historic properties; however the partial acquisitions are limited to areas adjacent to parking lots, yards and landscaped areas.  The Project would not adversely affect the architectural features or ability of the buildings and/or structures to convey their historical significance.

FTA determined that the Project would result in an adverse of effect historic resources, related to two properties: Pueblo Viejo/ ‌AZ T:12:73 (ASM) and Canal Seven/ AZ T:12:187(ASM).  There is a potential for construction to encounter cultural deposits and features of these sites. In their letter dated July 12, 2016 (Attachment 2), SHPO concurred with FTA’s determination. With implementation of mitigation measures, as outlined in the Memorandum of Agreement (MOA) in Attachment 1, the impact on these resources would be minimized. The MOA includes provisions for the development of a treatment plan, which includes archaeological testing and data recovery integrated with a program of public outreach, tribal participation and data gathering that would contribute to the collective traditional knowledge of culturally affiliated Native American Tribes.  

As discussed in Section 3.17 of the EA and pursuant to Section 404 of the Clean Water Act of 1972 (33 U.S.C 1250 et seq. and 40 C.F.R. 230) and EO 11990 (Protection of Wetlands), the Project was evaluated for impacts on waters of the United States (WOUS) under the jurisdiction of the U.S. Army Corps of Engineers. The Project would cross the Salt River, a WOUS and the Rio Salado Habitat Restoration Area, which contains jurisdictional wetlands, a subset of WOUS. The Project would not result in permanent acreage loss of WOUS or wetlands. Impacts on WOUS would include the temporary discharge and fill into 0.16 acre of wetlands and 0.60 acre of open water. With implementation of mitigation measures as discussed in Section 3.17.4 of the EA, the Project would have no adverse effect on WOUS and wetlands.

The Project contains suitable habitat or is in proximity to suitable habitat for the Southwestern willow flycatcher (endangered species), Yuma clapper rail (endangered species), yellow-billed cuckoo (threatened species) and bald eagle (protected under the Bald and Golden Eagle Protection Act). A Biological Assessment (BA) was prepared and concluded that the Project “may affect, but is not likely to adversely affect” the Southwestern willow flycatcher and the Yuma clapper rail through temporary loss of habitat and would result in “no effect” to the yellow-billed cuckoo. Additionally, the Project would not result in a “take” under the Bald and Golden Eagle Protection Act. Migratory birds may occur in the Project area. Some displacement of these species and their nests could occur because of temporary loss of habitat and increased activity in the area.

On March 3, 2016, the BA was submitted to U.S. Fish and Wildlife Service (USFWS)  for informal consultation pursuant to Section 7 of the Endangered Species Act of 1973 (16 U.S.C 1531-1544), as amended. In their letter dated April 14, 2016 (Attachment 2), USFWS concurred with the findings in the BA. FTA finds that with the implementation of mitigation as outlined in Table ES-2 of the Executive Summary and Section 3.19.4 of the EA, the Project would not result in a significant impact on federally listed threatened or endangered species.