m US Army Corps of Engineers®

DRAFT ENVIRONMENTAL ASSESSMENT

COUNCIL BLUFFS RIVERFRONT PROJECT

City of Council Bluffs Pottawattamie County, Iowa

US Army Corps of Engineers Northwestern Division

Omaha District

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 Omaha District TABLE OF CONTENTS

1.0 INTRODUCTION ...... 1 1.1 Proposed Action ...... 3 1.1.1 Project Location ...... 4 1.1.2 Project Components ...... 4 1.1.3 Project Association with Local Flood Protection Systems ...... 5 1.2 Purpose and Need for the Proposed Action ...... 6 1.2.1 Purpose ...... 6 1.2.2 Need ...... 7 1.3 Authority ...... 8 1.4 Prior Reports ...... 8 1.5 NEPA Scoping ...... 8 1.5.1 First Meeting ...... 9 1.5.2 Second Meeting ...... 10 1.5.3 Third Meeting ...... 10 1.5.4 Fourth Meeting ...... 10 2.0 ALTERNATIVES TO THE PROPOSED ACTION ...... 12 2.1 Alternative 1 – No-Action ...... 12 2.2 Alternative 2 – Proposed Action ...... 12 2.2.1 Phase I ...... 14 2.2.2 Phase II...... 16 2.3 Alternative 3 – Modified Proposed Action ...... 16 2.4 Summary of Potential Effects ...... 18 3.0 AFFECTED ENVIRONMENT AND ENVIRONMENTAL CONSEQUENCES ...... 23 3.1 Environmental Setting Overview ...... 24 3.2 Resources Dismissed from Detailed Analysis ...... 24 3.3 Relevant Resources ...... 26 3.3.1 Water Quality ...... 27 3.3.2 Wetlands and Other Waters of the US ...... 31 3.3.3 Aquatic Habitat ...... 42 3.3.4 Terrestrial Habitat and Wildlife ...... 44 3.3.5 Threatened and Endangered Species ...... 50 3.3.6 Recreational Resources ...... 55

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 i Omaha District 3.3.7 Cultural Resources ...... 58 3.3.8 Navigation ...... 62 3.3.9 Flood Risk Management ...... 65 3.3.10 Aesthetics ...... 68 3.3.11 Socioeconomics/Land Use ...... 69 3.3.12 Environmental Justice ...... 75 3.3.13 Hazardous, Toxic, and Radioactive Waste ...... 79 3.3.14 Cumulative Impacts ...... 86 4.0 COORDINATION ...... 93 5.0 MITIGATION...... 100 6.0 COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULATIONS ...... 102 7.0 CONCLUSION ...... 104 8.0 PREPARED BY...... 105 9.0 LITERATURE CITED ...... 106

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 ii Omaha District TABLES Table 2.1. Summary of Potential Effects by Alternative ...... 19 Table 3.1. Wetlands and Waters of the US ...... 32 Table 3.2. Wetlands and Waters of the US Impacts (acres) ...... 35 Table 3.3. Modified Proposed Action Wetlands and Waters of the US Impacts (acres) ...... 41 Table 3.4. Tree Survey Results ...... 44 Table 3.5. Dead Trees Surveyed ...... 45 Table 3.6. Federally Listed and State-listed Endangered and Threatened Species in the Project Area, Pottawattamie County, Iowa ...... 50 Table 3.7. Federally Threatened and Endangered Species Effect Determinations ...... 54 Table 3.8. Population within 1-Mile Buffer of Project Area ...... 70 Table 3.9. Block Groups Within 0.25 Mile of Project Area ...... 76 Table 3.10. Limited English Proficiency Threshold Analysis ...... 78 Table 3.11. Identified Sites in Iowa within the Database Search Radii ...... 81 Table 3.12. Identified Sites in Nebraska within the Database Search Radii ...... 81 Table 3.13. Other Projects in the Cumulative Impact Study Area ...... 89 Table 4.1. Agency Scoping Comments ...... 94

FIGURES Figure 1.1. Council Bluffs Riverfront Project – Project Area ...... 2 Figure 2.1. Council Bluffs Riverfront Project Improvements ...... 13 Figure 3.1. Water Resources ...... 28 Figure 3.2A. Proposed Action Wetland and Other WOUS Impacts (North)...... 37 Figure 3.2B. Wetland and Other WOUS Impacts (South)...... 38 Figure 3.2C. Modified Proposed Action Wetland and Other WOUS Impacts (North) ...... 40 Figure 3.3. Designated Restoration Areas ...... 46 Figure 3.4. Recreation Resources ...... 56 Figure 3.5. Cultural Resources ...... 60 Figure 3.6. Missouri River Navigation Channel ...... 63 Figure 3.7. Flood Risk Resources ...... 66 Figure 3.8. Land Use ...... 72 Figure 3.9. Census Boundaries ...... 77 Figure 3.10. HTRW Sites...... 82 Figure 3.11. Cumulative Impact Projects ...... 88

APPENDICES A Environmental Compliance B Environmental Coordination

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 iii Omaha District LIST OF ACRONYMS AND ABBREVIATIONS

Aaron Ferer Aaron Ferer & Sons Company ADA Americans with Disabilities Act AIR Clean Air Act database APE Area of Potential Effects ASARCO American Smelting and Refining Company BF Brownfields bgs below ground surface BMP best management practice CBIS Council Bluffs Interstate System CEQ Council on Environmental Quality CFR Code of Federal Regulations City City of Council Bluffs CRP construction reference plane EC Engineering Circular EO Executive Order EPA US Environmental Protection Agency ER Engineer Regulation °F degrees Fahrenheit FAA Federal Aviation Administration FEMA Federal Emergency Management Agency FONSI Finding of No Significant Impact FRA Federal Railroad Administration Gould Gould Electronics, Inc. HTRW Hazardous, Toxic, and Radioactive Waste I-29 Interstate 29 I-480 Interstate 480 I-80 Interstate 80 IGS Iowa Geological Survey Iowa DNR Iowa Department of Natural Resources IP Individual Permit

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 iv Omaha District IPaC Information for Planning and Conservation IWM Integrated Waste Management database L627 Levee L627 Missouri River Left Bank and Indian Creek Right Bank LEP limited English proficiency LOP Letter of Permission LST leaking underground storage tank LUST leaking underground storage tank n.d. no date NDEE Nebraska Department of Environment and Energy NEPA National Environmental Policy Act of 1969 NPDES National Pollutant Discharge Elimination System NPS National Park Service NRCS Natural Resources Conservation Service NRHP National Register of Historic Places NWP Nationwide Permit OHWM ordinary high water mark OWT Onsite Wastewater Treatment database PCS NPDES Permits and Compliance database PEA Programmatic Environmental Assessment PEMA/C palustrine emergent temporarily flooded and seasonally flooded PFOA palustrine forested temporarily flooded Project Council Bluffs Riverfront Project PSSA palustrine scrub-shrub temporarily flooded R627 Levee Omaha Missouri River Levee R627 RA Release Assessment RAP Remedial Action Program database RCR Resource Conservation and Recovery database REAP Resource Enhancement and Protection ROW right-of-way Section 10 Section 10 of the Rivers and Harbors Act Section 404 Section 404 of the Clean Water Act Section 408 33 United States Code 408; Section 408 of the Clean Water Act SF Superfund database

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 v Omaha District SHPO State Historic Preservation Office spp. species SWPPP Stormwater Pollution Prevention Plan TL3 Superfund Amendments and Reauthorization Act Title III database Tom Hanafan Park Tom Hanafan River’s Edge Park UIC Underground Injection Control database UPRR Union Pacific Railroad USACE US Army Corps of Engineers USC United States Code USFWS US Fish and Wildlife Service USGS US Geological Survey UST underground storage tanks WOUS Waters of the US

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 vi Omaha District DRAFT ENVIRONMENTAL ASSESSMENT

COUNCIL BLUFFS RIVERFRONT PROJECT City of Council Bluffs Pottawattamie County, Iowa

1.0 INTRODUCTION

This Programmatic Environmental Assessment (PEA) has been prepared to evaluate the potential impacts of Missouri River riverfront revitalization activities and improvements for the City of Council Bluffs, Iowa. Southwest Iowa Nonprofit for Collective Impact is managing the Council Bluffs Riverfront Project (Project). The activities would involve impacts on federally authorized flood protection systems in Council Bluffs (L627 Missouri River Left Bank and Indian Creek Right Bank [L627 Levee]) in Pottawattamie County, Iowa. The City of Council Bluffs (City) is the local sponsor of the federal flood protection systems within its municipal boundary, and Southwest Iowa Nonprofit for Collective Impact will serve as the applicant for the necessary environmental permits, including permission to modify the levee system. Figure 1.1 shows the extent of the Project Area (the area where land disturbance is likely and improvements are proposed to be constructed) for this PEA. The proposed activities and modifications to the federal flood protection systems are subject to the following considerations under jurisdiction of the US Army Corps of Engineers (USACE): • Engineering Circular (EC) 1165-2-220, Policy and Procedural Guidance for Processing Requests to Alter US Army Corps of Engineers Civil Works Projects Pursuant to 33 [United States Code] USC [Section] 408.1 The EC requires that any alteration to right- of-way (ROW) or feature of the federally authorized flood protection systems be reviewed and approved by the USACE District Engineer to determine that the modifications are not injurious to the public interest or do not affect the ability of the project to meet the authorized purpose. • USACE Section 404 Clean Water Act program, which addresses impacts on waters of the United States (WOUS), including wetlands. • Section 10 Rivers and Harbors Act program, which addresses impacts associated with the construction of any structure in or over any navigable WOUS.

1 Section 408, originating from Section 14 of the Rivers and Harbors Act of 1899 and codified in 33 USC 408, authorizes the Secretary of the Army, on the recommendation of the USACE Chief of Engineers, to grant permission for the alteration or occupation or use of a USACE civil works project (including levees) if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 1 Omaha District Figure 1.1. Council Bluffs Riverfront Project – Project Area

Project Area

Levee Centerline

Closure Structure

Floodwall

Council Bluffs Trails

PROJECT AREA 0 Feet 600 DATA SOURCE: USAGE: MAPA, Dogls, Potta,...ttamie County GIS FIGURE 1.1 COUNCIL BLUFFS RIVERFRONT OEVELOPMENT

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 2 Omaha District This PEA has been prepared in accordance with the National Environmental Policy Act of 1969 (NEPA) and the Council on Environmental Quality’s (CEQ) Regulations (40 Code of Federal Regulations [CFR] 1500–1508), as reflected in the USACE Engineer Regulation (ER) 200-2-2, Procedures for Implementing NEPA. USACE has independently evaluated and verified the information and analysis undertaken in the PEA and takes full responsibility for the scope and content contained in this document. This PEA provides sufficient information on the potential adverse and beneficial environmental effects to allow the District Commander, USACE, Omaha District, to make an informed decision on the appropriateness of an Environmental Impact Statement or a Finding of No Significant Impact (FONSI). The finding of the PEA determines whether an Environmental Impact Statement is required. If the PEA indicates that no significant impact is likely, then the agency can release a FONSI and carry on with the Proposed Action. This PEA provides: • an evaluation of the overall Project and its phases of implementation; • technical documentation to assist in current and future Section 408 NEPA decision- making and Section 404 and Section 10 permit decision-making for specific alternatives (including consideration of mitigation); and • a framework for addressing current and future Section 408 authorization and Section 404 and Section 10 permitting of the Project. The framework includes the provision that this PEA will serve as a basis of evaluation for future individual “tiered” NEPA documents (anticipated to be Categorical Permissions) for each project phase requiring Section 408 authorization. The approach for addressing the needs of the NEPA review process through a PEA will reduce duplication over the course of the Project by providing applicable information that could be referenced in future NEPA documentation. Future additional analysis may be required if site-specific activities could result in adverse impacts not previously evaluated or anticipated, or not consistent with the PEA. As the Project continues to progress, coordination with appropriate federal, state, or local agencies may be needed to confirm compliance with applicable laws and regulations, and to avoid, minimize, and/or mitigate for adverse impacts. The PEA also will provide information for the USACE Omaha Regulatory Office’s evaluation documents for future Section 404 and Section 10 permit actions. This PEA includes estimates of wetland and stream channel impacts, an assessment of potential Section 404 permit type (no permit, Nationwide Permit [NWP], Letter of Permission [LOP], or Individual Permit [IP]) for different components of, and activities associated with, the Project, and a proposed approach for compensatory mitigation.

1.1 Proposed Action

The location of the Proposed Action is defined in Section 1.1.1. Section 1.1.2 describes the Proposed Action by its components. Section 1.1.3 addresses portions of the Proposed Action that have the potential to affect flood protection structures.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 3 Omaha District 1.1.1 Project Location

The Project is located in Council Bluffs along the Missouri River north and south of the Interstate 480 (I-480) bridge connecting Council Bluffs and Omaha, Nebraska, as shown previously in Figure 1.1. The Project is in Iowa Township 75 North, Range 44 West, Sections 28, 29, 32, and 33. Construction of the proposed Project would occur within approximately 60 acres of land in Council Bluffs. In the Project Area, land adjacent to the Missouri River includes wetlands and unmaintained vegetation consisting of trees, brush, and grasses, with drainage ditches discharging to the Missouri River. Adjacent to the Project Area, the developed portion of Tom Hanafan River’s Edge Park (Tom Hanafan Park) includes concrete walkways, amphitheater seating and steps, a parking lot, an access road, and sparse trees with maintained grasses. As part of an extension to Tom Hanafan Park, the River’s Edge Pavilion, with a rooftop deck, interactive water features, and a splash pad, was constructed in 2017 in the River’s Edge residential and commercial development. The pavilion area is landward of the L627 Levee.

1.1.2 Project Components

The Project is a proposed construction project that would expand active and passive recreational areas north and south of Tom Hanafan Park in Council Bluffs, referred to as River’s Edge North and River’s Edge South, respectively; see Chapter 2.0 and Figure 2.1 for additional information. The Project includes modification of undeveloped areas on the western edge of Council Bluffs in River’s Edge North and River’s Edge South, riverward of the L627 Levee; and on land adjacent to Tom Hanafan Park landward of the L627 Levee. Activities and construction would be implemented in two phases (Phases I and II) over several years. Key project activities are described below and are grouped by area. Proposed activities would occur within an area of approximately 60 acres.

River’s Edge North Phase I of the proposed improvements in River’s Edge North includes a treetop walk (elevated walkway) with a connection to the Bob Kerrey Pedestrian Bridge, space for a James Turrell art sculpture at the end of the elevated walkway that would extend near the Missouri River riverbank, an observation tower with restrooms, utility connection, and natural walking paths north of the Bob Kerrey Pedestrian Bridge. The observation tower would include interior and exterior climbing walls, a simulated cave environment, and an adventure course. The natural walking paths would be created with minimal clearing of brush and dead trees. A permanent gravel emergency access road from the north edge of Tom Hanafan Park to the observation tower would be constructed. No improvements are proposed for River’s Edge North during Phase II. The art sculpture would be added to the elevated walkway in the location reserved for its placement at an undetermined time after the completion of Phase I.

Land Adjacent to Tom Hanafan Park A new playground, named Belle’s Playground, would be constructed during Phase I near the existing River’s Edge Pavilion, landward of the L627 Levee ROW.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 4 Omaha District River’s Edge South Phase II of the proposed improvements would include the construction of an overlook pier in the Missouri River south of I-480.

1.1.3 Project Association with Local Flood Protection Systems

The levee in Council Bluffs (L672 Levee) was authorized by the Flood Control Act (Public Law 534, 1944) to provide flood protection. The Proposed Action would not impair the usefulness of the USACE civil works project in Council Bluffs for the following reasons: • The improvements in Council Bluffs would be developed riverward of the levee with the exception of Belle’s Playground. The riverward improvements would be designed with flood risk requirements in mind, which includes debris loading analysis in support of structure design and Executive Order (EO) 11988 considerations. • A sanitary sewer force main and potable water main would be extended from existing utilities approximately 50 feet east of the toe of the levee slope, across the surface of the L627 Levee, to the observation tower. The utilities would be constructed over the top of the levee, not into the levee prism. The existing L627 Levee and Iowa Riverfront Trail would need to be raised approximately 2 feet to allow placement of the utilities over the levee. To meet Americans with Disabilities Act (ADA) slope requirements, the slope of the levee and overlying trail would be raised gradually over a distance of approximately 100 feet on either side of the utilities. • Groins2 constructed to interrupt the flow of the Missouri River and limit sediment flow were located on the left bank of the Missouri River approximately every 600 feet from approximately 0.5 mile northeast of the Project Area to approximately 600 feet south of the Union Pacific Railroad (UPRR) bridge (Pottawattamie County 2020a). Eight of these groins were located in or near the Project Area. The locations of the groins have been reviewed as part of the proposed design. As design progresses, the locations of any remnant of the groins would be determined so they can be avoided during construction. • The overlook pier and walkway in River’s Edge South would be connected to the L627 Levee. Piles used during design would extend down to bedrock. The interaction between the overlook pier and walkway and the levee has not been designed yet. It is expected that the levee would be extended further landward to provide a bolstered levee section in this area because of the interaction with the overlook pier and walkway. As design progresses, detailed design of this interaction would include mitigation features to retain the integrity of the levee. The improvements in Council Bluffs would not directly affect nor impair the usefulness of the federal flood protection system in Omaha (Omaha Missouri River Levee [R627 Levee]). The applicant’s construction contract would include a provision that it is the contractor’s responsibility to protect the levees and existing structures during construction. The Proposed Action would be analyzed and permitted in accordance with National Flood Insurance Program criteria. Further details regarding construction and design, as well as engineering plans and

2 Groins are structures perpendicular to a river or shore that are used to maintain updrift beaches or to restrict longshore sediment transport.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 5 Omaha District drawings, are provided in the Section 408 submittal accompanying this PEA. The Section 408 submittal also includes a template for an emergency action plan that would be developed by the selected contractor. The Section 408 submittal is incorporated by reference.

1.2 Purpose and Need for the Proposed Action

The Cities of Council Bluffs and Omaha have land use plans, master plans, and recreational plans that propose to enhance their land use adjacent to the Missouri River riverfront. In addition to developing separate plans, the two cities worked together on joint recreational planning for the riverfront. The Riverfront Revitalization Plan, developed in 2018, combined elements from both Cities’ plans, focused on the Missouri River nexus between the two communities, and presented a unified approach for incorporating vibrant, engaging, and active spaces with restorative passive spaces (OJB Landscape Architecture 2018). The Riverfront Revitalization Plan addressed the overarching purpose and overall needs for the riverfront improvement program, with independent projects on both sides of the Missouri River. Council Bluffs parks, open spaces, and the natural environment help define the framework of the community and how residents enjoy its unique character. The Missouri River is a vital environmental asset, both locally and regionally. It supports essential wildlife and highly valued habitat, and provides Council Bluffs residents with access to an attractive and important area that fosters outdoor activity, more healthy lifestyles, and appreciation for the natural environment (City of Council Bluffs 2014). The City’s Bluffs Tomorrow: 2030 Comprehensive Plan, Chapter 7, Parks, Open Space, and Environmental Features, recommends creating a fully public riverfront with open spaces, low-impact recreation activities and facilities, trails, and amenities (City of Council Bluffs 2014). The improvements would help celebrate the Missouri River ecology by making the riverfront fully accessible to the public, and installing riverfront amenities to enhance waterfront recreational and educational opportunities along the Missouri River. The Riverfront Revitalization Plan builds on the City’s Bluffs Tomorrow: 2030 Comprehensive Plan. Because prolonged Missouri River flooding in 2019 damaged components of Tom Hanafan Park in Council Bluffs, the City and Southwest Iowa Nonprofit for Collective Impact elected to substantially modify the scope of the originally proposed riverfront improvements. The scope for the Project was modified to its current composition to minimize the potential impacts of future flooding. See Section 1.1 for a description of the Proposed Action.

1.2.1 Purpose

The Project has a basic purpose (as defined by USACE to determine water dependency) and an overall purpose (that is, a combination of the basic purpose and the applicant’s purpose). The basic purpose of the Project is recreational development. The overall purpose is to improve public access to the Missouri River riverfront in Council Bluffs, to enhance the riverfront with a variety of active recreational spaces, and to create riverfront recreation that will draw people from western Iowa and eastern Nebraska (see Figure 1.1 for the area proposed for revitalization).

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 6 Omaha District 1.2.2 Need

The Project is needed to address the following, as identified by the applicant/project sponsor: • Inadequate pedestrian access to the Missouri River in Council Bluffs • Inadequate variety and intensity of recreational opportunities • Lack of riverfront recreation with a regional destination

Inadequate Pedestrian Access to the Missouri River The Riverfront Revitalization Plan goals include connecting people to the riverfront. Tom Hanafan Park was planned and designed to encourage people to access the riverfront area north and south of the Bob Kerrey Pedestrian Bridge. The park was improved with a 5-acre great lawn and amphitheater. The River’s Edge Pavilion is directly east of Tom Hanafan Park (City of Council Bluffs, n.d.). Currently, pedestrian access (walking, bicycling, or other non-motorized transportation) to the riverfront from the improved portions of Tom Hanafan Park is limited to two paved sidewalks extending west from the great lawn and connecting to an approximately 600-foot-long path paralleling the Missouri River. The path is situated in a mowed grass area adjacent to the great lawn and does not provide access to a natural environment. This path was covered by water after 2019 Missouri River flooding, which deposited silt that restricted access along the path. The City is in the process of removing the silt and checking for damage.

Inadequate Variety and Intensity of Recreational Opportunities The Riverfront Revitalization Plan goals include creating a variety of active spaces near the riverfront. The existing recreational resources along the Missouri River in Council Bluffs are primarily used for large events and for pedestrian and bicycle activities. Tom Hanafan Park events typically include Loess Fest, the River’s Edge Taco Fest, and various concerts. The River’s Edge Pavilion can be rented for special events. The Dodge Riverside Golf Course is adjacent to Tom Hanafan Park. Tom Hanafan Park has limited park facilities for activities that cater to families with young children. The former Playland Park, currently occupied by the River’s Edge residential and commercial development, most recently had a playground, basketball court, tennis courts, and recreational fields in 2015. Playland Park was rated as a community park (defined as a larger park within a 20-minute drive) but also functioned as a neighborhood park (defined as a park that residents can walk to) for the area west of Interstate 29 (I‑29) and north of I-480 (City of Council Bluffs 2012). Prior to development of the aforementioned recreational resources, Playland Park hosted a racetrack and amusement park. The proposed area for development is approximately 1 mile from the closest recreational fields at Westwood Park, and the closest tennis and basketball courts are almost 2 miles away at Roberts Park. An indoor cart track is almost 2 miles away from Tom Hanafan Park, but there are no longer any amusement parks or racetracks in Council Bluffs. A large area of western Council Bluffs (north and south of I-480 and west of Interstate 29 [I-29], and east of I‑29 and north of Broadway) does not currently have a neighborhood park; that is, there is no park within 1 mile of these residences (City of Council Bluffs 2020). The City is also currently underserved by playground facilities (City of Council Bluffs 2012, 2014). The loss of

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 7 Omaha District the former Playland Park increases the area of the City that is underserved by playgrounds, particularly the western area of the City. The closest park with a playground is Westwood Park approximately 1.0 mile southeast of River’s Edge Pavilion (Pottawattamie County 2020a). Trolley Park is located approximately 1.4 miles east of River’s Edge Pavilion. Both parks are neighborhood parks with small playgrounds.

Lack of Riverfront Recreation with a Regional Destination One of the goals of the Riverfront Revitalization Plan is to create an iconic riverfront with park and recreational amenities that would draw people from western Iowa and eastern Nebraska. Existing facilities in Tom Hanafan Park are limited to the great lawn and amphitheater, with the River’s Edge Pavilion located immediately east of Tom Hanafan Park. The former Playland Park racetrack and amusement park were iconic features that drew crowds from western Iowa and eastern Nebraska but are no longer present. The Bob Kerrey Pedestrian Bridge is an iconic feature for views of and from the structure that helps connect Omaha and Council Bluffs, and serves as a connection point between recreational trails along the riverfront in Omaha and Council Bluffs. The bridge also provides people the opportunity for birdwatching and other passive recreational activities. There are currently no iconic recreational facilities that are unique or rare to the region to draw park goers to the Missouri River riverfront in Council Bluffs or substantial recreational riverside access near Tom Hanafan Park.

1.3 Authority

The Proposed Action is a public-private initiative, developed under the authority of 33 USC 408 and other applicable laws and regulations.

1.4 Prior Reports

There is a Programmatic Section 408 Approval package being submitted to USACE in conjunction with this PEA. There are no prior Section 408 reports or NEPA documents associated with the Project, but there is the expectation that there would be future documents tiered to the Programmatic Section 408 and PEA.

1.5 NEPA Scoping

When public engagement began prior to USACE involvement in the Project, both the Council Bluffs Riverfront Project and the Omaha Riverfront Project were being pursued as one project identified as the Riverfront Revitalization Project. Public engagement has been a critical component of the Council Bluffs Riverfront Project and the Omaha Riverfront Project. The public was encouraged to provide input on their needs and desires for recreational facilities along the Council Bluffs and Omaha riverfront. This input was obtained and considered from the beginning of developing a vision to future design and construction of the project. To notify the public about the two projects and seek their input, a Project website and Facebook page were developed, and four public scoping meetings have been held to date. Although the meetings were not hosted by USACE, they provided an opportunity for the public to provide input on the proposed projects, and that input was considered in design and evaluation of potential environmental impacts.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 8 Omaha District A Riverfront Revitalization website with a unique URL (http://riverfrontrevitalization.com/) was established when the two riverfront projects were initiated as one project. The website provided an overview of the projects, promoted public meeting dates and associated meeting materials, and requested public input. The comments received are summarized as follows: • Participants asked for the date, time, and location of the next public meeting. • Commenters noted that a marina should be incorporated on either the Council Bluffs or Omaha side. • Commenters expressed concerns about fish and wildlife protection. • Media outlets asked for details regarding the projects. • Commenters expressed overall support of the projects and requests to stay informed of future activities. The Riverfront Revitalization website is now focused on the Omaha Riverfront Project. The City of Council Bluffs website hosted an overview of the Project in Council Bluffs and was established after the Omaha Riverfront Project website.

1.5.1 First Meeting

An initial public meeting to kick off the Riverfront Revitalization Project on September 11, 2017, at the Holland Performing Arts Center, 1200 Douglas Street, Omaha, from 6 to 8 p.m. with 145 attendees. The format of the meeting was an open house3 with a formal presentation at 6:30 p.m. The public was notified of the public meeting through a press release sent to Omaha and Council Bluffs media outlets. The formal presentation introduced the areas proposed for improvement, goals, and conceptual programming. The public was given the opportunity to review these concepts and vote on program elements they were most interested in. An overall tally of the votes was generated illustrating the program preferences. Additionally, comment cards were provided, allowing participants to rate their interest in a series of design-based questions ranging from river access and parking concerns, to safety and park activities. A total of 101 comment cards were received. The comment feedback received from the meeting is summarized as follows: • Attendees requested improved safety and security of the areas proposed for improvement, such as increased police or security presence and ample lighting. • Attendees asked for increased access between the Omaha downtown area and the parks. All parks need better access to the river. • Attendees requested improved connectivity of walking and biking trails between the parks in Omaha. • Attendees asked that the Project include spaces for families and children with children’s play areas.

3 An open house is an informal setting where attendees can view information (via exhibits and written documentation) and inquire about a plan or project. Although the majority of the meeting is for informal interaction, a presentation is sometimes given to share information with attendees.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 9 Omaha District • Attendees noted that improvements should include more parking, ample public restrooms, and a dog park.

1.5.2 Second Meeting

The second public meeting was held on November 15, 2017, at the Omaha Marriott Downtown at the Capitol District, 222 North 10th Street, Omaha, from 6 to 8 p.m. with 189 attendees. The format of the meeting was an open house with a formal presentation at 6:30 p.m. The public was notified of the public meeting through a press release sent to Omaha and Council Bluffs media outlets. The meeting was also promoted on Facebook and on the Project website. The formal presentation introduced preliminary concepts based on input received at the first public meeting. The public was asked to review and offer input on large illustrative site plans, programmatic diagrams, and conceptual renderings. A total of 22 comment cards were received. The comment feedback received from the meeting is summarized as follows: • The proposed extension of the Gene Leahy Mall was well received by attendees. • Attendees would like public art incorporated throughout the Project. • Gene Leahy Mall was perceived as having too much green space. • Some attendees felt there was too much of an emphasis on adding event spaces in the park concepts.

1.5.3 Third Meeting

A third public meeting was held specifically to discuss proposed improvements in Council Bluffs. The meeting was held on May 30, 2018, at the Council Bluffs Community Hall, 205 South Main Street, Council Bluffs, from 5 to 7 p.m. with 70 attendees. The format of the meeting was an open house with a formal presentation at 5:30 p.m. The public was notified of the public meeting through a press release sent to Omaha and Council Bluffs media outlets. The meeting was also promoted on Facebook and on the Project website. The formal presentation reviewed input received to date, as well as conceptual renderings for the Council Bluffs side of the river. The public was asked to review and offer input on large illustrative site plans, programmatic diagrams, and conceptual renderings. A total of 16 comment cards were received. The comment feedback received from the meeting is summarized as follows: • Attendees indicated that the top amenities to add to the Council Bluffs side of the river were a marina, zip line, treetop walkway, and observation tower. • The Council Bluffs side of the river should focus on family-friendly programming.

1.5.4 Fourth Meeting

The fourth public meeting was held on June 12, 2018, at Gallup, 1001 Gallup Drive, Omaha, from 5 to 7 p.m. with 251 attendees. The format of the meeting was an open house with a formal presentation at 5:30 p.m. The public was notified of the public meeting through a press release sent to Omaha and Council Bluffs media outlets. It was also promoted on Facebook and on the Project website. The formal presentation reviewed the updated concepts for the Omaha side of

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 10 Omaha District the river. The public was also encouraged to ask questions. A total of 29 comment cards were received. The comment feedback received from the meeting is summarized as follows: • Attendees requested improved safety and security of the Project. • Attendees asked for ample parking and public restrooms. • Attendees requested increased access between the Omaha downtown area and the parks. All parks need better access to the river. • Attendees asked for improved connectivity of walking and biking trails between the parks.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 11 Omaha District 2.0 ALTERNATIVES TO THE PROPOSED ACTION

As described in Chapter 1.0, the Project involved extensive planning and considered public input in order to develop concepts for improvement of park and recreational areas, and subsequently to design the improvements. As the concepts were identified and evaluated in Council Bluffs, their extent and location has varied. The combination of the concepts selected to be carried forward for consideration in this PEA includes Alternative 1, No-Action Alternative; Alternative 2, Proposed Action; and Alternative 3, Modified Proposed Action. Alternative 1, No-Action Alternative, represents no action taken on the Project and serves as a baseline for comparing impacts. Alternative 2, Proposed Action, includes the concepts of improvements proposed in various locations near the riverfront. Alternative 3, Modified Proposed Action, includes options to minimize environmental impacts of Alternative 2 in consideration of future environmental permitting commitments.

2.1 Alternative 1 – No-Action

Under the No-Action Alternative, the proposed park and recreational improvements in River’s Edge North, River’s Edge South, and adjacent to Tom Hanafan Park in Council Bluffs would not be constructed. As part of establishing Tom Hanafan Park, the City is responsible for restoring 17 acres of woodland in an area near the park. This restoration will occur as part of commitments from an Iowa Department of Natural Resources (Iowa DNR) Resource Enhancement and Protection Grant in 2018. The restoration activity will include selective tree cutting, removal, and restoration with trees, shrubs, and wildflowers that would provide habitat for wildlife and pollinators; this activity will occur whether or not the Project would be implemented. City cleanup and restoration activities at Tom Hanafan Park, as well as continued public use of the park and River’s Edge North and River’s Edge South, could occur under this alternative.

2.2 Alternative 2 – Proposed Action

The Project includes modification of undeveloped areas on the western edge of Council Bluffs in River’s Edge North and River’s Edge South, riverward of the L627 Levee; and adjacent to Tom Hanafan Park near the existing River’s Edge Pavilion landward of the L627 Levee. The Project Area includes approximately 43 acres in River’s Edge North and 15 acres in River’s Edge South, both west of the L627 Levee, and approximately 1 acre adjacent to Tom Hanafan Park east of the L627 Levee. The Project would be implemented in two phases (Phases I and II) over several years (see Figure 2.1). Key project activities are described below and are grouped by phase and by area.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 12 Omaha District Figure 2.1. Council Bluffs Riverfront Project Improvements

Council Bluffs Riverfront Project

South Site North Site Adventure Course

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 13 Omaha District 2.2.1 Phase I

Phase I of the Project includes improvements in the undeveloped land in River’s Edge North and on land adjacent to Tom Hanafan Park.

River’s Edge North In River’s Edge North, a variety of improvements are proposed. Approximately 1,360 trees would be cut and removed to improve the river flow during high river events, and to prepare the area for further improvements. Most of the trees to be removed are invasive species, and others are dead. Trees within wetlands would not be fully removed; they would only be cut down to stumps, and the stump/root structure below ground would be left in place. Root balls outside of the wetland limits would be removed. Walking paths approximately 6 feet wide would be established between tree gaps after additional selected trees and brush are cut and removed. The additional trees and brush would be limited to those necessary to support placement of piers and other infrastructure. The length and alignment of the paths is unknown at this time; the alignment would be determined after trees have been removed and suitable pathways have been identified. A 12-foot-wide gravel emergency access road would be constructed and would provide permanent access to the planned location of the observation tower. The road would extend approximately 1,700 feet from the north edge of Tom Hanafan Park and end in a turnaround adjacent to the future observation tower. Phase I of the proposed improvements in River’s Edge North includes a treetop walk (elevated walkway) with a connection to the Bob Kerrey Pedestrian Bridge, space for a James Turrell art sculpture at the end of the elevated walkway that would extend near the Missouri River riverbank, an observation tower with restrooms, utility connection from Avenue D over the L627 Levee and to the tower, and natural walking paths north of the Bob Kerrey Pedestrian Bridge. The art sculpture would be installed at an undetermined time after the completion of Phase I. The elevated treetop walk would be constructed to provide treetop views of the area north of Bob Kerrey Pedestrian Bridge. A five-level observation tower with restrooms would be constructed and connected to the elevated walkway. The base level would be aligned with the treetop walk approximately 18 feet above ground surface. The tower would have a hexagonal platform approximately 120 feet wide at the same level as the elevated walkway, with 60-foot-wide sides extending out from the center columns. Two support columns, each sized approximately 22 feet by 24 feet, would support the platform and the approximately 150-foot-tall tower. The columns would be supported by H-pile extending to bedrock. One support column would extend to a height of approximately 105 feet. The other column would extend to a height of approximately 130 feet to support a higher level. Each of the supports would include concrete stairwells, and one would have an elevator. In addition to the support columns, seven 6-foot-diameter piers would support the 120-foot-wide platform. The piers would be supported by H-pile extending down to bedrock. A temporary access road would be constructed for moving a crane out to a working platform to construct the tower. The observation tower would have five levels: a base level that is aligned with the treetop walk approximately 18 feet above ground surface, a caving level, a climbing level, and two observation levels. The caving level would be at approximately 27 feet above ground surface and would have approximately 1,000 square feet of simulated cave environments where visitors can

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 14 Omaha District practice skills associated with spelunking. The climbing level would be approximately 36 feet above ground surface and would have a climbing wall with gear for secure climbing. Both the caving and climbing components would be operated and monitored by City park employees or contractors. The two observation platforms would be approximately 97 and 130 feet above ground surface. The tower would host a roller glider course that gradually descends from one tower level to another, and an adventure ropes course that would be climbable from one level to another. The roller glider course would be approximately 675 feet long, with 60 feet in elevation change. A force main for sanitary sewer and a main for potable water would be extended from existing utilities near the west end of Avenue D (approximately 50 feet east of the toe of the levee slope) across the L627 Levee to the observation tower. The sanitary sewer line extension would total approximately 940 feet: approximately 85 feet within City street ROW, 150 feet within levee ROW, and approximately 705 feet within City-owned property north of Tom Hanafan Park. An area of Avenue D pavement approximately 10 feet by 20 feet would need to be temporarily removed and replaced to connect to the existing sanitary sewer main under Avenue D. The water main extension would total approximately 880 feet. Approximately 50 feet of the water main extension would be within existing City street ROW. Approximately 45 feet of sidewalk would need to be temporarily removed and replaced to connect to the existing water main under Avenue D. Approximately 150 feet of the water main extension would occur within levee ROW, and approximately 680 feet would occur within City-owned property north of Tom Hanafan Park. Riverward of the L627 Levee, the force main and water main would be extended to the observation tower by open trench and would be buried. Two separate utility trenches, each less than 1 foot wide, would be backfilled with native material. The pipes would likely be a maximum of 2 inches in diameter. A small pump station would be installed along the route of the force main. The pump station would be located in a 60-inch-diameter manhole, approximately 10 feet deep. The exposed portion would be a 24-inch-diameter cast iron lid. The sewage would flow to the pump station by a 6-inch-diameter sewer lateral. The pump station would pump the sewage to the manhole landward of the levee. The electrical controls for the pump station would be located above the design high river event. The pump would be removed prior to a high river event. The existing Iowa Riverfront Trail would need to be raised approximately 2 feet to allow placement of the utilities over the levee. To meet ADA slope requirements, the slope of the trail would be raised gradually over a distance of approximately 100 feet on either side of the utilities. The existing concrete trail in this stretch would be removed, the utilities would be installed, and 2 feet of material would be placed over and adjacent to the utilities to allow slopes to meet ADA requirements. The concrete trail would be replaced over the grade raise and connected to the existing trail. The trail would be closed approximately 2 months for construction. The walkway would be lit from an electrical connection off the pedestrian bridge. The connection would extend to the observation tower and restrooms for lighting of those features. The treetop walk would be approximately 2,520 feet long, 12 feet wide, and 18 feet above ground level. The walkway would be approximately 2 feet above the height of the existing levee and would have a 0 percent grade. The spans would be approximately 60 feet long, and would be supported by a 42-inch-diameter pier at each span location. The piers would be supported by H-pile extending down to bedrock. The elevated walkway would include approximately 42 piers.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 15 Omaha District Land Adjacent to Tom Hanafan Park Tom Hanafan Park was completed in 2013. The River’s Edge Pavilion with rooftop deck, interactive water features, and a splash pad were constructed in 2017 in the River’s Edge residential and commercial development as part of an extension to Tom Hanafan Park. The River’s Edge Pavilion is located landward of the levee. A new playground, named Belle’s Playground, would be constructed in the plaza area adjacent to River’s Edge Pavilion. Construction would occur partially within the levee ROW. Construction of the playground would occur from the bottom of the toe of the levee slope and landward. There would not be any construction on the levee prism. The limits of improvement include approximately 1.3 acres. Playground equipment would be installed, and playground surfacing would replace the existing grass in this area.

2.2.2 Phase II

Phase II of the Project includes improvements in River’s Edge South.

River’s Edge South Limited tree cutting (only up to 8 trees are anticipated to be cut) and grading would occur in select locations in River’s Edge South to prepare the area for construction. Phase II would include construction of an overlook structure (also referred to as the overlook pier) in the Missouri River south of I-480. The overlook of the Missouri River would extend from the L627 Levee, over the existing River’s Edge Service Road and its separated walking path approximately 500 feet west to the river. The overlook pier would be approximately 10 feet wide, with an approximately 50-foot-long platform extending over the river approximately 20 feet above the river’s normal elevation. Five land piers and eight river piers located outside the Missouri River navigation channel would support the overlook structure. The piers would be approximately 5 feet in diameter and would extend approximately 60 to 100 feet into bedrock. The river piers would be installed using a barge, with a cofferdam protecting the construction site. The barge would conduct construction activities outside of the Missouri River navigation channel.

2.3 Alternative 3 – Modified Proposed Action

The Modified Proposed Action was developed to minimize, and possibly avoid, potential environmental impacts of the Proposed Action. Because the area riverward of the L627 Levee includes many wetland areas, impacts on wetlands are unavoidable to meet the purpose of the recreational project. As the design process continues, refinements are being made to minimize impacts, primarily those that would occur on wetlands and other WOUS. For example, piers and the walkway in River’s Edge North have been shifted to be farther landward of the construction

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 16 Omaha District reference plane (CRP) elevation4 at 965 feet and the ordinary high water mark (OHWM)5 of the Missouri River. The utility corridor described for Alternative 2, Proposed Action, was redesigned to minimize wetland and tree removal impacts. The sanitary sewer and potable water lines would be located in a trench adjacent to the emergency access road from the observation tower. The utility corridor would extend over the L627 Levee and connect to existing utilities approximately 50 feet east of the toe of the levee slope near the west end of Avenue C. The utility extension would total approximately 1,440 feet: approximately 90 feet within City street ROW, 150 feet within levee ROW, and approximately 1,200 feet within City-owned property north of Tom Hanafan Park. All of the utilities would be located under the emergency access road from the observation tower to the base of the levee. The path of the elevated walkway was modified at the southern end to reduce wetland impacts and to space piers farther from the WOUS (perennial stream/unnamed tributary) that extends from stormwater sewers through the L627 Levee by Avenue C. The design of the observation tower, platforms, and walkways has been modified. The tower would have a rectangular platform approximately 81 feet by 107 feet wide at the same level as the elevated walkway, connected to two support columns. The observation tower would include an elevator, and interior and exterior stairs to the five tower levels. The two observation platforms would be approximately 96 and 120 feet above ground surface. Two support columns, one sized approximately 26 feet by 26 feet and the other sized approximately 26 by 30 feet, would support the platform and the approximately 144-foot-tall tower. The columns would be supported by H-pile extending to bedrock. One support column would extend to a height of approximately 114 feet. The other column would extend to a height of approximately 144 feet. Each of the supports would include concrete stairwells, and one would have an elevator. In addition to the support columns, ten 3.5-foot-diameter piers would support the rectangular platform. The treetop walk would be approximately 2,350 feet long, 8 feet wide (except for two 90-foot- long, 12-foot-wide segments closest to the Missouri River), and 18 feet above ground level. The length of the elevated walkway would decrease approximately 170 feet compared to the Proposed Action. The number of piers to support the walkway would be reduced from 42 to 35.

Although the Modified Proposed Action differs from the Proposed Action in design, their Project Areas are both approximately 59 acres.

4 The CRP is a sloping datum representing the stage, or water surface elevation, met or exceeded 75 percent of the time during navigation season (April to November; USACE 2017a). The CRP is used as a baseline elevation to set the height of Bank Stabilization and Navigation Project structures. 5 The OHWM is the boundary of surface water for a variety of federal, state, and local regulatory purposes. Under the Clean Water Act, the OHWM defines the lateral limits of federal jurisdiction for non-tidal WOUS in the absence of adjacent wetlands (including Section 404, which regulates the discharge of dredge and fill material into WOUS). Additionally, under Sections 9 and 10 of the Rivers and Harbors Act of 1899, the OHWM defines the lateral limits of federal jurisdiction for non-tidal traditional navigable WOUS.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 17 Omaha District 2.4 Summary of Potential Effects

Table 2.1 summarizes the effects of implementing each alternative. Impacts of Alternatives 2 and 3 are summarized for implementing both proposed phases. Chapter 3.0 discusses in detail the resources in the Study Area, the impacts on each resource, and a discussion of whether or not the Project is anticipated to be injurious to the public interest or impair the usefulness of the USACE civil works project, for the No-Action, Proposed Action, and Modified Proposed Action Alternatives.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 18 Omaha District Table 2.1. Summary of Potential Effects by Alternative Alternative 1 – Alternative 3 – Resource Alternative 2 – Proposed Action No-Action Modified Proposed Action Minor, short-term impacts would occur during construction of improvements; National Pollutant Discharge Elimination System (NPDES) permits, Section 404/10 permits (with Section 401 Water Quality Certification), and Impacts similar to Proposed Water Quality No impact. best management practices (BMPs) would be implemented to minimize water Action. quality impacts.

No effect is anticipated on water quality in the long term. Minor, short-term impacts on wetlands and other WOUS would occur during Impacts less than Proposed construction of improvements. Action due to slight realignment

of piers and the elevated walkway Minor, long-term impacts on wetlands and other WOUS would occur in the to minimize wetland and other Project Area. Permanent impacts in the River’s Edge North location would WOUS impacts in the River’s total approximately 0.060 acre of wetlands and no impact to other WOUS. Edge North location. Permanent Temporary impacts would total approximately 2.191 acres of wetlands and impacts in the River’s Edge North 0.026 acre of other WOUS. A Section 404 permit (with Section 401 Water location would be approximately Wetlands and Quality Certification) application would be submitted to USACE, and a permit 0.059 acre of wetlands and no Other Waters No impact. would be acquired prior to construction. Mitigation would be performed via a impact on other WOUS. of the US wetland bank if required. Temporary impacts would total

approximately 1.311 acres of Permanent impacts in the River’s Edge South location would total wetlands, and 0.029 acre of other approximately 0.115 acre of wetlands and 0.003 acre of the Missouri River. WOUS. Temporary impacts would total approximately 0.050 acre of wetlands; no

temporary impacts on other WOUS would occur. A Section 404/10/Sovereign Impacts in River’s Edge South Land permit (with Section 401 Water Quality Certification) application would would be the same as for be submitted to USACE and Iowa DNR, and a permit would be acquired prior Alternative 2. to construction. Mitigation would be performed via a wetland bank if required. Minor, short-term impacts on aquatic habitat would occur from siting a temporary construction access road through a stream in River’s Edge North. Impacts similar to Proposed Aquatic Habitat No impact. Minor, long-term impacts would occur from placing piers in the Missouri Action. River for the River’s Edge South improvement. Impacts would be minimized with implementation of Section 404/10 and NPDES permit conditions.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 19 Omaha District Table 2.1. Summary of Potential Effects by Alternative Alternative 1 – Alternative 3 – Resource Alternative 2 – Proposed Action No-Action Modified Proposed Action Impacts on terrestrial habitat are anticipated to be minor and to be both short- term (during construction) and long-term (post-construction) because some habitat would be eliminated for improvements, while other areas would be restored and enhanced. Impacts on wildlife would be avoided or minimized by complying with the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act.

A survey of the Project Area would be completed prior to construction to Terrestrial Impacts similar to but less than review for active bald eagle nests within a 0.5-mile radius of the Project Area. Habitat and No impact. the Proposed Action because of During the primary nesting season (February through late August), a 660-foot Wildlife fewer trees removed. (200-meter) buffer would be maintained between identified nests and construction activities to avoid disturbing eagles or their nests. Tree removal would be completed outside the active nesting season of bald eagles and migratory birds (February 1 through September 30) to the extent practicable. If construction timing necessitates tree removal between February 1 and May 31, a nesting survey would be conducted for bald eagles and migratory birds. If an active nest is found, tree clearing would not occur near the active nest until after the young have fledged the nest. No adverse effect in the short term or long term would occur with conservation conditions being implemented to protect pallid sturgeons and northern-long Threatened and Impacts similar to but less than eared bats. There would be no effect on other federally listed species. The Endangered No effect. the Proposed Action because of state-listed species with non-federal status would not likely be affected by the Species fewer trees removed. Project in the short or long terms because of the lack of suitable habitat and the unlikely presence of these species. Park and recreational Minor, short-term impacts on recreational resources would occur because most resources would of the improvements would be in minimally used natural lands. Trail signage continue to regarding closures of trail segments would be posted, and notice of closures Recreational function, but with would be posted on City websites. Trail pavement in the Project Area removed Impacts similar to Proposed Resources limited intensity or damaged during construction would be restored to pre-project or better Action. and variety of condition. activities, and with minimal Major, beneficial, long-term impacts would occur following construction. connectivity.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 20 Omaha District Table 2.1. Summary of Potential Effects by Alternative Alternative 1 – Alternative 3 – Resource Alternative 2 – Proposed Action No-Action Modified Proposed Action Pending Iowa State Historic Preservation Office concurrence with the Cultural recommendations, a determination of No Effect on Historic Properties is Impacts similar to Proposed No impact. Resources recommended for the Proposed Action, and no further cultural investigations Action. are planned. Negligible, short-term impacts on commercial navigation would occur during construction because barges traversing the channel are a component of commercial navigation. Barges used for construction of piers and for other Commercial Project uses would not be anchored in the navigation channel. Impacts similar to Proposed No impact. Navigation Action. No long-term effects on commercial or recreational navigation would occur following construction because the overlook pier would be outside of the navigation channel. To the extent practicable, the Proposed Action avoids short-term, adverse No impact on the impacts during construction and long-term adverse impacts on the floodway authorized level of after construction. There would be no significant increase in flooding in the protection of the areas protected by the L627 Levee and the R627 Levee. The Cities of Council Flood Risk USACE civil Impacts similar to Proposed Bluffs and Omaha would continue to operate and maintain their flood Management works projects. No Action. protection systems. The Proposed Action is not anticipated to be injurious to impact on base the public interest and would not impair the usefulness of the L627 Levee and flood (100-year the R627 Levee because there would be no significant increase in flooding in flood) elevation. the areas protected by the levees. Operation of construction equipment (such as cranes and grading equipment) would cause a minor, short-term impact on aesthetics during demolition and Impacts similar to Proposed Aesthetics No impact. construction by generating dust and noise. Action.

Minor, beneficial, long-term impacts on aesthetics would occur. Minor, short term impacts would occur because construction equipment in the Project Area would create noise and air pollutant emissions. Socioeconomics/ Impacts similar to Proposed No impact. Land Use Major, beneficial, long-term impacts would occur. The Proposed Action would Action. provide residents with additional community and public spaces for recreation and entertainment, with improved access and connectivity.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 21 Omaha District Table 2.1. Summary of Potential Effects by Alternative Alternative 1 – Alternative 3 – Resource Alternative 2 – Proposed Action No-Action Modified Proposed Action In and near the Project Area, City thresholds are exceeded for both low-income and minority populations. Minor, short-term impacts would occur during construction due to noise, air pollutant emissions, and other disturbances. Environmental Impacts similar to Proposed No impact. Justice Minor, beneficial, long-term effects would occur. The Proposed Action would Action. not have a disproportionately high and adverse impact on minority or low- income residents compared to the general population and would comply with EO 12898. Minor, short-term impacts involving hazardous, toxic, and radioactive waste (HTRW) would occur because construction activities would not take place in Hazardous, areas of known contamination, and documented processes would be followed Toxic, and for proper handling of any contaminated soils and groundwater. The Impacts similar to Proposed No impact. Radioactive construction activities would be performed in compliance with various Action. Waste requirements.

No long-term effects involving HTRW are anticipated.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 22 Omaha District 3.0 AFFECTED ENVIRONMENT AND ENVIRONMENTAL CONSEQUENCES

In this chapter, resource topics that could be affected by the Proposed Action are analyzed. First, the environmental setting of the Project Area is described in Section 3.1. Then, resource topics that were dismissed from detailed analysis are discussed in Section 3.2. Finally, relevant resource topics are analyzed in Section 3.3. For each relevant resource, the existing conditions are described. Then, the direct and indirect effects (adverse as well as beneficial) that could result from implementing the No-Action Alternative, the Proposed Action, and the Modified Proposed Action are discussed, including mitigation measures that would avoid, reduce, or compensate for substantial adverse effects. A statement of whether or not the Project is anticipated to be injurious to the public interest or would impair the usefulness of the USACE civil works project is included for each resource, as relevant. Resources evaluated include those considered as part of a public interest review, as outlined in 33 CFR Parts 320.4 and 325.2. The preliminary public interest review, included here in the event that an LOP is required (see Permitting under Section 3.3.2, Wetlands and Other Waters of the US), includes consideration of both the expected benefits and detrimental impacts of the Project. Consideration is also given to the extent of the public and private need for the proposed work, where there are unresolved conflicts as to resource use, and the practicability of using reasonable alternative locations and methods to accomplish the objective of the proposed work. Impacts are quantified whenever possible, and qualitative descriptions of impacts are explained. In Chapter 2.0, Table 2.1 summarizes the potential impacts by alternative for each resource. Significance has been analyzed in this PEA in terms of both context (sensitivity) and intensity (magnitude and duration), as follows: • Context

o An impact’s significance is influenced by the importance of the resource or value being impacted, the geographic location and timing, and other relevant factors that provide context for more fully understanding the severity of the impact.

o The context in which impacts are considered should generally be specific to the area and resources being affected. For most actions, this means considering impacts in the context of the affected locale, as opposed to the state, country, or world as a whole, although in many cases it is also appropriate to consider the role of an area in the larger landscape. • Magnitude

o No effect – The resource is not measurably impacted. o Minor – There would be noticeable impacts on the resource in the Project Area. For adverse impacts, the resource is still mostly functional. For beneficial impacts, there are minor noticeable improvements.

o Moderate – For adverse impacts, the resource is impaired so that it cannot function normally. For beneficial impacts, the improvements are obvious.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 23 Omaha District o Major – For adverse impacts, the resource is severely impaired so that it is no longer functional in the Project Area. For beneficial impacts, the improvements to the resource are obvious and extensive. • Duration

o Short term – Temporary effects would be caused by the construction and/or implementation of a selected alternative.

o Long term – Long-term effects would be caused by an alternative after the action has been completed and/or after the action is in full and complete operation.

3.1 Environmental Setting Overview

The Project Area is in the Omaha-Council Bluffs metropolitan area and is in the Council Bluffs- Missouri River (north of I-480) and Lake Manawa-Missouri River (south of I-480) watersheds (Hydrologic Units 102300060601 and 102300060602, respectively). The Project Area is in the Central Lowland Dissected Till Plains physiographic province (an area where unsorted glacial sediment was deposited and then eroded by streams) in a relatively flat floodplain of the Missouri River (US Geological Survey [USGS] 2020). In the Project Area, land use is open space west (riverward) of the L627 Levee, and recreational (consisting of a pavilion and plaza) near the proposed Belle’s Playground east (landward) of the L627 Levee. The undeveloped are in the Project Area is forested bottomlands of the Missouri River. Most of this area has been relatively undisturbed since the 1960s, except during construction of the Bob Kerrey Pedestrian Bridge from 2006 to 2009. Other disturbance has occurred from all-terrain vehicle use. The riverbank of the Missouri River has periodically changed with flooding and deposition of sediment alternating with erosion. Land to the east of the Project Area is residential and commercial use. At and near the I-480 bridge, the depth to bedrock ranges from approximately 60 to 100 feet. Local soils are derived from fine- and coarse-grained alluvium. The Project Area is in a moist continental humid climate, with strong seasonal contrasts in temperatures and precipitation throughout the year. Day-to-day weather is highly variable. The climate of the Omaha-Council Bluffs metropolitan area has an average annual high temperature of 61.8 degrees Fahrenheit (°F) and an average annual low temperature of 40.3°F, with an average temperature of 51.0°F. The area receives 30.6 inches of average annual precipitation, with 26 inches of snow on average every year (US Climate Data 2018).

3.2 Resources Dismissed from Detailed Analysis

The following resources have been considered and found not to be affected by the proposed alternatives. Potential impacts were evaluated in the Project Area, as well as in the Study Area for each resource. The Study Area includes the Project Area, and varies for each resource to account for additional area that could be indirectly affected by Project construction or operation. For example, air emissions during construction would occur outside the Project Area based on wind dispersion from the Project Area, as well as construction equipment traveling to and from the Project Area. Where there were no potential effects identified, the resource has been eliminated from further evaluation and analysis. The Proposed Action or Modified Proposed

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 24 Omaha District Action are not anticipated to be injurious to the public interest with regard to these resources. A summary follows: • Air Quality: The Project Area is in compliance for all criteria pollutants designated by the US Environmental Protection Agency (EPA). An area approximately 0.5 mile east of the Project Area was formerly in nonattainment for lead emissions (Iowa DNR 2014), but on October 4, 2018 (83 Federal Register 50024–5002), EPA approved redesignation to attainment, and approved Iowa’s plan for maintaining attainment. The Project would not emit lead or affect the attainment status of this area. Short-term air quality impacts associated with dust and equipment emissions during construction would be controlled by standard contract and equipment specifications. As different components of the Project are constructed in a phased approach, there would be more recreational activities in the Project Area. Traffic would increase to the improved park and recreational areas, but would occur via multiple modes of transportation, including vehicular, transit, pedestrian, and bicycle. No adverse impacts on air quality are anticipated to occur, and the Project would not violate any air quality standards. The long-term benefits of access to recreational space and improving the variety and intensity of recreational opportunities along the Missouri River, one of the goals of the City’s Riverfront Revitalization Plan, would outweigh the short-term minor air quality impacts. • Air Space: The Project Area includes the I-480 bridge and the Bob Kerrey Pedestrian Bridge crossing the Missouri River. Eppley Airfield is the closest airport to the Project Area, located approximately 2.5 miles to the northeast. The Federal Aviation Administration (FAA) Notice Criteria Tool was used to determine if filing notice with the FAA would be required for proposed structures or for operation of construction equipment. Although the tool indicated filing for structures would be required, 14 CFR 77.9(e) provides an exception for the requirement to file notice of construction with the FAA for “Any object that will be shielded by existing structures of a permanent and substantial nature or by natural terrain or topographic features of equal or greater height, and will be located in the congested area of a city, town, or settlement where the shielded structure will not adversely affect safety in air navigation.” The tallest proposed feature would be the observation tower in River’s Edge North, at a height of approximately 144 feet, and cranes used in construction would be less than 200 feet tall. The towers of the Bob Kerrey Pedestrian Bridge are approximately 210 feet above ground surface, and provide shielding for any of the proposed improvements. Consequently, filing of an FAA notice for the Project would not be required. The Project would not be a hazard to air navigation. • Transportation: River’s Edge North, River’s Edge South, and Tom Hanafan Park are adjacent to the Missouri River, and can be accessed via pedestrian and bicycle pathways, as well as vehicular roads. River’s Edge North and River’s Edge South are accessed via River’s Edge Service Road (which also provides access to Tom Hanafan Park), and also from Avenue B from 40th Street. No road paving improvements are included in the Proposed Action. Minor pavement repairs after connection of sanitary sewer and water lines would be completed as needed. Construction access to River’s Edge North and River’s Edge South would occur via current vehicular access. Access for improvements riverward of the levee would be primarily from River’s Edge Service Road, and a gravel emergency access road to River’s Edge North would be constructed connecting to Tom

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 25 Omaha District Hanafan Park pavement. Access to Belle’s Playground would be from the Iowa Riverfront Trail and from River’s Edge Parkway. Tom Hanafan Park would be open to recreation activities during Project construction, with an associated decrease in operational traffic to the park. The construction of the overlook pier south of I-480 would necessitate some temporary road closures, but the park would remain open, with access from landward of the levee. Construction traffic would increase, but would be managed to allow continued access for occupational and residential traffic. Construction traffic would not likely adversely affect local traffic patterns. Visitation to the improvements would lead to increased traffic and parking, which would be handled via interstate and neighborhood traffic, parking at Tom Hanafan Park, and surface parking and a parking garage associated with the River’s Edge residential and commercial development. The Project would improve both vehicular and bicycle/pedestrian connectivity to Tom Hanafan Park. The Project would provide recreational benefits to the adjacent neighborhoods, including to minority and low-income populations. • Noise: Noise is generated from residential and commercial areas adjacent to the Study Area. The Study Area is bisected by I-480, a heavily traveled corridor, and is 2.5 miles from Eppley Airfield; vehicular transportation is also a source of ambient noise in the Study Area. Construction would cause intermittent sound and result in temporary noise impacts, which could occur over several years as the Project is implemented in phases. After construction is complete, it is expected that noise levels in the Project Area would slightly increase beyond current conditions due to more transportation to and from, and use of, the improved park and recreational areas. Minor, short-term, adverse noise impacts would likely occur during construction and would be addressed through best management practices (BMPs) such as limiting construction to daytime hours and not idling equipment and vehicles when not in use. The increase in noise levels associated with travel to, use of, and travel from the improved areas would be negligible. • Water Supply: The Project Area does not include surface water supply intakes or groundwater well fields. Intakes for Council Bluffs’ water supplies and groundwater well fields are both located approximately 2 miles upstream of the Project Area. Separate connections for potable water influx and sewage discharge are proposed to existing utilities landward of the L627 Levee. Potable water demand and sewage discharge would be minimal and readily handled by the existing systems. The benefits of the Project would outweigh the minimal impacts on water supply and sewage discharge. • Prime Farmland: The Project Area is within the urban area of Council Bluffs. By Farmland Protection Policy Act definition, this area is not farmland and is not subject to the provisions of the Farmland Protection Policy Act. The Project would not affect farmland.

3.3 Relevant Resources

This section describes relevant resources that could be impacted by the Project. The resources described are those recognized by laws, executive orders, regulations, and other standards of federal, state, or regional agencies and organizations; technical or scientific agencies, groups, or individuals; and the general public.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 26 Omaha District 3.3.1 Water Quality

The Clean Water Act (33 USC 1251 et seq.) regulates water quality to restore and maintain the nation’s waters. The Clean Water Act addresses both point (such as discharge) and non-point (such as runoff) pollution sources. The Watershed Protection and Flood Prevention Act (16 USC 1101 et seq.) provides additional water quality protection, requiring the preparation and implementation of erosion and sediment control plans, and the incorporation of BMPs as part of the plans.

Existing Conditions In addition to park land, the Study Area contains commercial land and natural lands with wetlands. Stormwater discharges into the Missouri River in the Study Area. Two unnamed perennial waterways and one intermittent waterway serving as drainages into the Missouri River are located in the Study Area (see Figure 3.1). Iowa DNR and the Nebraska Department of Environment and Energy (NDEE), formerly the Nebraska Department of Environmental Quality, listed the Missouri River (IA 06-WEM-1708 and MT1-10000, respectively) as a Category 5 impaired waterway in their 2018 Water Quality Integrated Reports (Iowa DNR 2019a; NDEE 2018). A Category 5 waterway is defined by Iowa DNR as a waterbody that is impaired and for which a total maximum daily load is required, and by NDEE as a “waterbody where one or more beneficial uses are determined to be impaired by one or more pollutants and all of the [total maximum daily loads] have not been developed” (Iowa DNR 2019a; NDEE 2018). Listed impaired uses for the segment of the Missouri River in the Study Area include Public Drinking Water Supply for sulfate concentrations and Class A1 Recreation (primary contract) for E. coli levels (Iowa DNR 2019b; NDEE 2018). Iowa DNR also categorizes the Missouri River (IA 06-WEM-1708) as a Category 4c waterway (an impaired waterway for which a total maximum daily load is not required) for warm water aquatic life (Class BWW1) due to habitat alterations because of channel modifications (Iowa DNR 2019b). The unnamed perennial and intermittent waterways in the Study Area were not assessed for water quality in the Iowa DNR 2018 Water Quality Integrated Report (Iowa DNR, n.d.). The Missouri River is designated by Iowa DNR as a Meandered Sovereign River. A Meandered Sovereign River is defined as a river that was surveyed as a navigable and important waterbody at the time of the original federal government surveys (Iowa DNR 2009a). The State of Iowa holds sovereign title in trust for the benefit of the public to the bed of the Missouri River within the state. There are no Nationwide Rivers Inventory stream segments in the Study Area (National Park Service [NPS] 2018). According to the Iowa DNR website, no karst or potential karst areas are located in the Study Area (Iowa DNR 2019c).

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 27 Omaha District Figure 3.1. Water Resources

0

Closure Structure

Floodwall

Levee Centerline

wateiway Wetland Type PEMA/C Wetland 8888: PFOA Wetland PSSAWetland D Project Area A 0 Feel 600

WATER RESOURCES PROGRAMMATIC ENVIRONMENTAL ASSESSMENT DATA SOURCE: lows ONR MAPA USACE, USGS FIGURE 3.1 COUNCIL BLUFFS RIVERFRONT DEVELOPMENT

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 28 Omaha District Mapping available through the Iowa DNR website identified the locations of registered groundwater wells in or adjacent to the Study Area. There are five groundwater wells in the Project Area (Iowa Geological Survey [IGS] 2020). Three wells owned by the City (numbers 2199563, 2199564, and 2199565) are located in the forested area in River’s Edge North, and two owned by IGS (numbers W500 and W501) are located along the bank of the Missouri River in River’s Edge South. The two IGS wells were drilled in 1936 as exploration wells for construction of the former Douglas Street Bridge, later referred to as the Aksarben Bridge (IGS 1965a, 1965b). See Figure 3.1 for well locations. There are no wastewater treatment facilities in or adjacent to the Study Area. The closest facilities to the Study Area are the Council Bluffs Water Works treatment plant 1.85 miles northeast of the Study Area and the Warren Distribution, Inc., treatment plant 1.30 miles south of the Study Area (State of Iowa 2019). There is no known groundwater contamination in the Study Area.

Alternative 1 – No-Action Under the No-Action Alternative, the Project would not be built. Current water quality impacts, such as surface water runoff carrying sedimentation to the Missouri River, would continue to occur. City restoration of land in River’s Edge South and City repair of Tom Hanafan Park would negligibly improve water quality. Impacts on water quality would not occur beyond those that could occur as a result of other projects.

Alternative 2 – Proposed Action The Proposed Action would impact the Missouri River, a stream on the 303(d) Impaired Water List. Barges would be used to establish temporary cofferdams for installation of piers to support construction of the overlook pier in River’s Edge South. Foundations for the piers would be constructed within the cofferdams, which would be located outside of the Missouri River navigation channel. The cofferdams would help minimize sedimentation and other pollution in the Missouri River from pier construction. The barges would traverse the Missouri River within its navigation channel but would not block the navigation channel during construction. Construction activities within the cofferdams would include dewatering, sediment removal, driving piles, and building foundations for the piers. The excavated soil and water recovered from dewatering would be collected separately, placed in containers, stored, and sampled to determine the proper method of disposal. The segment of the Missouri River adjacent to the Study Area is listed as impaired for sulfate and E. coli. Activities associated with the Proposed Action adjacent to, or within, the Missouri River would not increase sulfate or E. coli concentrations within the waterway. Grading, boring for foundations, and other soil-disturbing activities would occur on the Iowa side of the Missouri River and would disturb land. The Proposed Action could temporarily reduce the water quality of the Missouri River and unnamed tributaries as a result of soil erosion from stormwater runoff during construction. Construction debris, materials, and potential spills could occur and could temporarily reduce water quality from stormwater runoff from the construction sites.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 29 Omaha District The potential of the Proposed Action to adversely affect water quality during construction would be mitigated through following permit requirements: • Impacts on wetlands and other WOUS would be minimized through the Clean Water Act Section 404 permit application process through the USACE Omaha District, with Iowa DNR Section 401 Water Quality Certification (see Section 3.2). • A Rivers and Harbors Act Section 10 permit would be required from the USACE Omaha District (potentially jointly with Section 404 permits) for construction activities and installation of piers in the Missouri River for the overlook pier proposed in River’s Edge South. • Clean Water Act Section 402 National Pollutant Discharge Elimination System (NPDES) Construction General Permits would be acquired in Iowa for disturbing 1 or more acre of land. Each NPDES permit would include development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) for construction that would include temporary and permanent stormwater BMPs to avoid or minimize sediment pollution and water quality impacts. • In addition, disturbance to stream banks and riparian zones would be minimized and limited to only that which is necessary to construct the Proposed Action. With the measures to reduce erosion in and near streams, there should not be any appreciable increase in sediments or changes in water chemistry in the Council Bluffs-Missouri River watershed (Hydrologic Unit 102300060601) and the Lake Manawa-Missouri River watershed (Hydrologic Unit 102300060602). The installation of footings in some Project locations on land would require dewatering groundwater. The groundwater would be collected, placed in containers, and tested before disposal to confirm the proper method of disposal. Two groundwater wells in River’s Edge South could be impacted by the Project. IGS well W500 would potentially be impacted by construction of the proposed overlook pier south of I-480. City well 2199563 is close to the proposed sanitary sewer line and would potentially be impacted by trenching for, and installation of, the sanitary sewer line. If active groundwater wells would be impacted by project construction, coordination would be performed with the owner/operator of the well to determine whether it is still performing a function. If the wells are still required, compensation for replacement wells would be provided. Wells that are no longer performing a function would be abandoned by a licensed well driller in accordance with state regulations. Construction impacts on water quality are anticipated to be short-term and minor because permits would be acquired and because permit conditions and BMPs would be followed to avoid or minimize impacts on water quality. The Proposed Action is not anticipated to be injurious to the public interest because the construction impacts would be temporary and are necessary for conducting the improvements. The Project would provide long-term recreational benefits by providing access to recreational space and improving the variety and intensity of recreational opportunities along the Missouri River. The benefits of the Project would outweigh the short- term minor water quality impacts, and the Project is not anticipated to be injurious to the public interest.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 30 Omaha District The Project would minimally change the amount of pavement and therefore the amount of surface water runoff in the Project Area. Most of the improvements would be on piers and would allow stormwater runoff to discharge to the ground surface. In the long term, there would be no effect on water quality. The Proposed Action would not impair the usefulness of the L627 Levee and the R627 Levee.

Alternative 3 – Modified Proposed Action The water quality impacts from the Modified Proposed Action would be anticipated to be similar to, and slightly less than, those from the Proposed Action. Rerouting the utilities under the emergency access road would avoid City well 2199563 and other wells identified within the Project Area. As the design process continues, further refinements are being made to minimize impacts on the Missouri River, wetlands, and other WOUS. As discussed under the Proposed Action, the benefits of the Project would outweigh the short-term minor water quality impacts, and the Project is not anticipated to be injurious to the public interest.

3.3.2 Wetlands and Other Waters of the US

Section 10 of the Rivers and Harbors Appropriation Act of 1899 (33 USC 401, 403), as administered by USACE, grants the federal government control over obstructions to navigable waters, including dredging and filling operations, and is intended to protect open and unfettered waterborne commerce between states. Section 404 of the Clean Water Act established a program to regulate the discharge of dredged and fill material into WOUS, including wetlands (33 USC 1251 et seq.). Responsibility for administering and enforcing Section 404 is shared by USACE and EPA. Under Section 401 of the Clean Water Act, states and Native American tribes can review and approve, condition, or deny all federal permits or licenses that might result in a discharge to state or tribal waters, including wetlands (33 USC 1251 et seq.). Approval is provided in the form of Water Quality Certification that must be obtained from the state or tribe before any activity that could result in a pollution discharge to WOUS can be permitted by a federal agency. On May 24, 1977, EO 11990, Protection of Wetlands, was issued “in order to avoid to the extent possible the long- and short-term adverse impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands wherever there is a practicable alternative” (42 Federal Register 26961).

Existing Conditions A delineation of wetlands and other WOUS (generally stream channel) was completed in the Study Area in June 2018 (HDR 2018a). River’s Edge North was revisited in October 2018 because of high river levels during the 2018 growing season, and additional wetlands were delineated (see Figure 3.1; HDR 2018b). Prolonged flooding in 2019 re-inundated the Project Area, and a re-delineation of the previously delineated areas in both River’s Edge North and River’s Edge South was conducted in June 2020 after the floodwater receded (HDR 2020a). Wetlands present in the Project Area include palustrine emergent temporarily flooded and seasonally flooded (PEMA/C), palustrine scrub-shrub temporarily flooded (PSSA), and palustrine forested temporarily flooded (PFOA). The results of the 2020 delineation are provided in Table 3.1.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 31 Omaha District Table 3.1. Wetlands and Waters of the US Wetlands Stream Channel PEMA/C PSSA PFOA Flow Length (acres) (acres) (acres) Regime (linear feet) Perennial 5,326 9.46 13.33 10.51 Intermittent 737 PEMA/C = palustrine emergent temporarily flooded and seasonally flooded; PSSA = palustrine scrub-shrub temporarily flooded; PFOA = palustrine forested temporarily flooded

The Missouri River is the preeminent aquatic resource in the Project Area. It is a navigable water that is subject to Section 10 of the Rivers and Harbors Act and constitutes the border between Iowa and Nebraska.

Alternative 1 – No-Action Under the No-Action Alternative, the Project would not be built, and impacts on wetlands and other WOUS would not occur beyond those that could occur as a result of other projects. City restoration of land in River’s Edge South would negligibly affect wetlands and other WOUS, and City repair of Tom Hanafan Park would not affect wetlands and other WOUS. Wetlands and other WOUS riverward of the levee system would continue to be subject to varying hydrologic conditions, including potentially prolonged flooding that could result in substantial sedimentation and the drowning of trees, shrubs, forbs, and grasses.

Alternative 2 – Proposed Action The project activities in River’s Edge North and River’s Edge South would have independent utility; that is, the project activities in River’s Edge North could be constructed and function separately from project activities in River’s Edge South and vice versa. Consequently, separate Clean Water Act Section 404 permit applications would be developed for the two areas. The River’s Edge South activities would also require Section 10 and Iowa Sovereign Lands permits, which could be acquired jointly. The two areas are assessed separately in the following sections. Temporary and permanent wetland impacts are described by area (River’s Edge North and River’s Edge South), project phase, and wetland type, and are listed in Table 3.2.

River’s Edge North The initial concept for the elevated walkway in this area was found to be below the CRP and had three piers proposed within the OHWM of the Missouri River. Keeping the piers and structure in this configuration would have led to 0.002 acre of permanent impact on the Missouri River and the applicability of Section 10 and Iowa Sovereign Lands requirements for future permit acquisition. Coordination with USACE led to a revision of the design, with the walkway being relocated outside of the CRP, and the piers were moved landward. This modification avoided impacts on the Missouri River in this location, as well as the need for Section 10 and Iowa Sovereign Land permit approvals. Wetlands would be temporarily affected by grading for a temporary construction access road up to 30 feet wide and a temporary workpad for a crane to construct the elevated walkway and observation tower. The temporary access road would closely follow the route of the elevated walkway. The temporary workpad for the crane would be situated close to the site of the

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 32 Omaha District proposed observation tower. Due to the proximity of one of the piers supporting the elevated walkway, temporary sheetwall would be required adjacent to the unnamed perennial water (WOUS-2). Two 60-inch-diameter pipes would be temporarily placed in WOUS-2 north of the Bob Kerrey Pedestrian Bridge as part of the temporary construction access road. The pipes would be of sufficient size to accommodate the anticipated high-water flow from the 60-inch and 48-inch outfall culverts upstream. The pipes would be covered with approximately 3-inch- diameter rock on top of geotextile fabric. Riprap would be placed around the culvert ends for erosion protection. These materials would be removed and the area restored to previous conditions after the temporary access road is no longer needed. The path of the temporary access road for construction in River’s Edge North would traverse both upland and wetland areas (PEMA/C and PSSA wetlands). The alignment of the temporary access road was developed to minimize potential temporary wetland impacts to the extent practicable. The temporary access road would temporarily affect up to 0.411 acre of PEMA/C wetland and up to 0.438 acre of PSSA wetland. The temporary impacts could be less if the construction contractor limits the width of the access road to less than 30 feet in wetland areas. Construction for Phase I is estimated to be completed within 9 months of the start of construction. The path of the temporary construction access road and the temporary workpad would be restored to preconstruction conditions (regraded to preconstruction contours, reseeded with an appropriate wetland mix for the type of wetlands traversed, and planted with scrub-shrub vegetation in PSSA areas that were disturbed). Disturbed areas could be restored when they would no longer be affected by construction. A restoration plan would be developed in coordination with USACE to address the specific approach for restoration of temporarily affected wetlands in support of the Section 404 permit application. The restoration plan would be submitted to USACE for review and approval. Wetlands would be permanently affected by the piers supporting the elevated walkway, observation tower, and adventure course; two support columns for the observation tower; and a permanent gravel emergency access road. The elevated walkway would be supported by 42 piers that are each 42 inches in diameter, spaced approximately 60 feet apart. Each of these piers would affect an area of approximately 10 square feet. The observation tower would be supported by seven 6-foot-diameter piers and two support columns approximately 22 feet by 24 feet. Each of the 6-foot-diameter piers would affect an area of approximately 28 square feet. Each of the 48 piers supporting the adventure course would affect an area of 7 square feet. The permanent gravel emergency access road would be 20 feet wide and would result in minimal permanent wetland impacts because its path was optimized to avoid wetlands and minimize impacts to the maximum extent practicable. An excavation of approximately 36 feet by 36 feet would be made to construct each elevated walkway pier. An excavation of approximately 45 feet by 45 feet would be made to construct each tower pier. Excavations for elevated walkway and observation tower support piers would temporarily affect approximately 0.367 acre of PEMA wetland and 0.760 acre of PSSA wetland. After the pile caps and piers are constructed, the excavated area would be restored with soil that would be stockpiled (topsoil separately) adjacent to the excavations. The topsoil would be placed at the top of the soil profile and reseeded with emergent or scrub-shrub vegetation seed mix, according to wetland type affected. For affected scrub-shrub wetlands, planting of scrub-shrub vegetation would also be performed according to the restoration plan. The walkway piers would be supported by piling to bedrock and a 4-foot-thick concrete pile cap approximately 12 feet by

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 33 Omaha District 12 feet. The concrete pile cap for piling to support the tower piers would be approximately 15 feet by 15 feet. The land disturbed above the concrete pile caps would be temporarily affected and result in temporary impacts on approximately 0.054 acre of PEMA wetland and 0.086 acre of PSSA wetland. The piers to support the adventure course would be drilled shafts. The area disturbed to construct each pier (7 square feet) would be the same area as the pier itself. Approximately 0.003 acre of PEMA wetland and 0.021 acre of PSSA wetlands would be temporarily affected by two 1-foot-wide utility trenches (a sanitary sewer force main and a potable water main). These disturbed areas would be restored after construction is completed. Approximately 2.157 acres of wetland (including approximately 1.339 acres of PSSA wetland) would temporarily be affected in River’s Edge North. Approximately 0.060 acre of wetland (approximately 0.041 acre of PSSA wetland and 0.019 acre PEMA wetland) would be permanently impacted in River’s Edge North.

As shown in Figure 3.2A, activities in River’s Edge North have been designed to minimize impacts on wetlands and WOUS. Depending on the flood phase of the Missouri River, the elevated walkway could slightly extend over the Missouri River at times, but would not extend above or over the CRP elevation (965 feet). The permanent gravel emergency access road was carefully planned to minimize wetland impacts and avoid other WOUS impacts. The use of gravel lessens runoff impacts compared to a paved road. Consideration of EO 11990, Protection of Wetlands, has been made during the planning and evaluation of this Project. Despite design minimization efforts, the Proposed Action would impact wetlands and WOUS in this location. The Project activities in River’s Edge North are not anticipated to be injurious to the public interest. The Project would affect wetlands, but these impacts would be minimized to the extent practicable. The long-term benefits to the public from access to the riverfront and increased recreational opportunities would outweigh the impacts on wetlands.

River’s Edge South Construction of the overlook in River’s Edge South would occur in Phase II, which would not likely occur for 1 to 2 years after construction of Phase I is completed. Construction would potentially require 15 months, in part to account for timing restrictions for activities in the Missouri River. Wetland and stream impacts in River’s Edge South would occur, with approximately 0.168 acre of wetland impacts and approximately 0.003 acre of other WOUS (Missouri River channel) impacts. Most of the wetland impacts would result from construction of the temporary access pathway to construct the overlook pier, and excavations for concrete pile caps. The overlook pier would be supported by thirteen 60-inch-diameter piers. Each of the 60- inch-diameter piers would affect an area of approximately 19 square feet. Less than 0.001 acre of wetlands would be permanently affected by placement of these piers to support the overlook pier. An excavation of approximately 45 feet by 45 feet would be made to construct each of these piers. After the pile caps and piers are constructed, the excavated area would be restored with soil that would be stockpiled (topsoil separately) adjacent to the excavations. The topsoil would be placed at the top of the soil profile and reseeded with emergent mix in disturbed PEMA and PFOA wetlands according to the restoration plan. Temporary and permanent wetland impacts are estimated at 0.050 acre and 0.118 acre, respectively. Approximately 0.003 acre of other WOUS (river channel) impact would result from placement of six piers in the Missouri River to support the overlook pier.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 34 Omaha District Table 3.2. Wetlands and Waters of the US Impacts (acres) Total Total Total Wetlands and PEMA PSSA PFOA Temporarya Permanentb,c Wetlands Other WOUS Other WOUS River’s Edge North Temporary acccess and excavationd 0.778 1.198 0.000 1.976 0.000 1.976 1.976 0.000 Concrete pile capse 0.054 0.086 0.000 0.140 0.000 0.140 0.130 0.009 Tower columns 0.000 0.034 0.000 0.034 0.000 0.034 0.000 0.034 Adventure course/roller glider piersf 0.000 0.001 0.000 0.001 0.000 0.001 0.000 0.001 Temporary stream crossingg 0.000 0.000 0.000 0.000 0.026 0.026 0.026 0.000 Emergency access road 0.016 0.000 0.000 0.016 0.000 0.016 0.000 0.016 Utilitiesh 0.003 0.021 0.000 0.024 0.000 0.024 0.024 0.000 Total 0.851 1.339 0.000 2.191 0.026 2.217 2.157 0.060 River’s Edge South Temporary access and excavationi 0.045 0.000 0.108 0.153 0.000 0.153 0.045 0.108 Concrete pile capse 0.005 0.000 0.006 0.012 0.000 0.012 0.005 0.006 Drilled shaftsj 0.000 0.000 0.000 0.000 0.003 0.003 0.000 0.003 Total 0.050 0.000 0.115 0.165 0.003 0.167 0.050 0.118 Note: Some numbers in columns do not add due to rounding. a Temporary impacts are those that would affect PEMA and PSSA wetlands or other WOUS, but these wetlands and other WOUS would ultimately retain their function and acreage through best management practices and authorization conditions. Soil from excavations would be stockpiled (topsoil separately) and replaced to restore preconstruction conditions. During restoration, topsoil would be placed at the top of the soil profile. Disturbed areas would be reseeded according to pre-existing wetland type and the restoration plan. Disturbed PSSA wetlands would also be replanted in accordance with the restoration plan. b Permanent impacts are those that would result from fill in wetlands and other WOUS that would not be removed or otherwise modified, and would be subject to compensatory mitigation requirements. c Permanent wetland impacts in River’s Edge North include 0.041 acre of PSSA wetland and 0.019 acre of PEMA wetland, and in River’s Edge South include 0.115 acre of PFOA wetland and 0.003 acre of PEMA wetland. d Temporary impacts would occur for access to construct the elevated walkway and observation tower. Excavation would occur for concrete pile caps to support the elevated walkway and observation tower. The excavation to construct the pile caps would include a 2:1 slope outside of the area where the pile caps would be placed. Soil from excavations would be stockpiled (topsoil separately) and replaced to restore preconstruction conditions adjacent to the pile caps. During restoration, topsoil would be placed at the top of the soil profile. These areas would be reseeded according to pre-existing wetland type and the restoration plan. Disturbed PSSA wetlands would also be replanted in accordance with the restoration plan. After construction, the temporary access pathway would be restored to preconstruction conditions through grading and reseeding according to wetland type and the restoration plan. Disturbed PSSA wetlands would also be replanted in accordance with the restoration plan. e Concrete pile caps would be buried 2 feet below ground surface. Soil from the excavation would be placed over the pile caps. The 0.130 acre temporarily disturbed areas would be reseeded according to pre-existing wetland type and the restoration plan. Disturbed PSSA wetlands would also be replanted in accordance with the restoration plan. The 0.009 acre of permanent impact is the area of the piers supporting the elevated walkway and observation tower. f Emplacement of adventure course and roller glider piers would not require any grading, excavation, or concrete pile caps. g The temporary culverts and fill material placed in the stream for the temporary crossing would be removed after construction, and the area restored to pre-existing conditions. h The two parallel utility trenches (one water and one sanitary sewer) would each be less than 1 foot wide. The disturbed area would be restored to pre-existing conditions after construction. Disturbed wetland areas would be reseeded according to pre-existing wetland type and the restoration plan. Disturbed PSSA wetlands would also be replanted in accordance with the restoration plan. i Access for the overlook pier is a 20-foot-wide buffer around the pier for operation of construction equipment. Excavations for pile caps would be completed within the access area. The disturbed area would be regraded to preconstruction contours. Disturbed areas of wetlands would be reseeded with palustrine emergent wetland mix. Replanting of PFOA vegetation is not proposed because of the potential conflict with trees and the overlook pier. Therefore, all impacts on PFOA wetlands would be permanent. j Drilled shafts are the piers placed in the Missouri River.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 35 Omaha District The temporary access pathway through uplands and PEMA wetlands would be restored to preconstruction conditions (regraded to preconstruction contours and reseeded with an appropriate wetland mix for the type of wetlands traversed). All impacts on PEMA wetlands would be temporary based on the regrading and wetland seeding, but all impacts on PFOA wetlands are projected to be permanent because of the long-term impacts that would change the function of the PFOA wetland. Replanting of PFOA vegetation is not proposed because of the potential conflict with trees and the overlook pier. The disturbed PFOA wetlands would be regraded and seeded with a PEMA wetland mix. Disturbed areas could be restored when they would no longer be affected by construction. A restoration plan would be developed in coordination with USACE to address the specific approach for restoration of temporarily affected wetlands in support of the Section 404 permit application. The restoration plan would be submitted to USACE for review and approval.

As shown in Figure 3.2B, activities in River’s Edge South have been designed in consideration of wetland and other WOUS impacts. Development of the narrow grass paths would not involve grading and would not impact wetlands. The Project activities in River’s Edge South are not anticipated to be injurious to the public interest. The Project would affect wetlands, but these impacts would be minimized to the extent practicable. The long-term benefits to the public from access to the riverfront and increased recreational opportunities would outweigh the impacts on wetlands.

Permitting The activities in River’s Edge North and River’s Edge South are considered to have independent utility. Both areas would involve unavoidable impacts on wetlands and other WOUS. Consequently, separate permit applications would be developed for the two areas. In support of permitting activities, a restoration plan would be developed in coordination with USACE to address restoration of temporarily affected wetlands. The proposed restoration would involve planting of scrub-shrub vegetation in the disturbed PSSA areas, as well as reseeding with an appropriate seed mix. Reseeding would also occur in areas where PEMA/C wetlands were temporarily impacted. In River’s Edge South, impacts on PFOA wetlands would be permanent. The restoration plan would be submitted to USACE for review and approval. The River’s Edge North activities would avoid Section 10 impacts by being outside the CRP elevation of 965 feet, and the wetland and other WOUS permanent impacts would be less than 0.5 acre. Depending on the final design and impacts, the River’s Edge North construction could potentially be addressed through a Section 404 NWP 42 (Recreational Facilities). If Section 10 is found to be applicable during final design, an LOP would also be necessary. An LOP, a type of individual permit with abbreviated procedures described under 33 CFR 325.2(e), could be issued by USACE if it is determined that the proposed work would be minor, would not have significant individual or cumulative impacts on environmental values, and should encounter no appreciable opposition.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 36 Omaha District Figure 3.2A. Proposed Action Wetland and Other WOUS Impacts (North)

LEGEND --- Construction Reference Plane [__J Emergency Access Road • Glider Course Pier - Waterway Tower Columns Temporary Access and Excavation CJ Project Area ~ Column Excavation Temporary Stream Crossing PEMA/C Wetland • Adventure Course Pier C Utility Impact PFOA Welland 0 Concrete Pile Cap Proposed Improvement

PROPOSED ACTION WETLAND AND WOUS IMPACTS (NORTH) PROGRAMMATIC ENVIRONMENTAL ASSESSMENT Ao Feet 300 FIGURE 3.2A COUNCIL BLUFFS RIVER FRONT DEVELOPMENT

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 37 Omaha District Figure 3.3B. Wetland and Other WOUS Impacts (South)

LEGEND

~ Construction Reference Plane --- Proposed Improvement

- Waterway ~ Temporary Access and Excavation c::::J ProjectArea PEMA/C Wetland a Pile Cap PFOAWetland 0 Pile Cap Excavation PSSA Wetland

PROGRAMMATIC ENVIRONMENTAL ASSESSMENT A. 0 Feet 300 FIGURE 3.28

PATH z~J' RO.ECT8"CITY -°" _COLl'CIL..,BI. LIFF':9'1 101(i77'-J _C8.JtM=Rf'RO'ff,.oeUE¬....w>_ OOC111DRAF1'111.li P. 11lU 1_ UtfROXJtG{A;E.,_.1_31.2Q20_at.AGERY 1,11 )(0 COUNCIL BLUFFS RIVERFRONT DEVELOPMENT" • UH.lit ERl!lllt~ . DATE 11:Ztn.1»1 Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 38 Omaha District The River’s Edge South construction activities are also projected to result in permanent wetland and other WOUS impacts of less than 0.5 acre. Because of piers proposed for construction in the Missouri River to support the overlook pier for River’s Edge South and the overlook pier would be constructed on land owned by Iowa DNR, a joint Section 404/10/Iowa Sovereign Lands permit application would be required, and could potentially be addressed through a Section 404 NWP 42, with an LOP to address Section 10. The joint application would be submitted to USACE and Iowa DNR (who is responsible for the Sovereign Lands component of the joint application). Permit applications for the proposed activities in River’s Edge North and River’s Edge South would be coordinated with the USACE Regulatory Branch for unavoidable wetland and stream impacts in the Project Area. These two permits would require Iowa DNR Section 401 Water Quality Certifications. Construction canot begin until the applications are approved and permits issued. Unavoidable impacts on jurisdictional wetlands in the Project Area are proposed to be mitigated through the purchase and allocation of certified wetland mitigation credits from the Pony Creek Wetland Mitigation Bank. No stream mitigation is proposed.

Alternative 3 – Modified Proposed Action The impacts on wetlands and other WOUS from the Modified Proposed Action would be less than those from the Proposed Action. Coordination between the designers and USACE regarding minimization of impacts on wetlands and other WOUS has led to the piers and elevated walkway in River’s Edge North being shifted landward, further from the CRP and OHWM. The number of segments of the walkway and the piers supporting the walkway were reduced by three and five, respectively. The temporary construction access was moved to align with the proposed elevated walkway and would consist of a 30-foot buffer centered on the path of the proposed elevated walkway. The length of the access would be reduced based on the decrease in walkway segments. The excavations for the pile caps would be within the temporary construction corridor. The southern part of the elevated walkway was moved to the west to avoid wetlands. Although the shift in alignment would incrementally increase temporary stream impacts compared to the Proposed Action, the piers to support the elevated walkway were sited farther away from WOUS-2, and the need for temporary sheetwall adjacent to the stream was eliminated. Additionally, the utility corridor was redesigned to follow the path of the emergency access road. These changes have led to a reduction in temporary impacts of approximately 39 percent. Permanent wetland impacts would be approximately 0.001 acre less than the Proposed Action. Figure 3.2C shows the revised design and impacts, and Table 3.3 provides a detailed breakdown of the estimated impacts. As the design process continues, further refinements are being made to minimize impacts. Wetlands and other WOUS temporarily impacted during construction would be restored in the same manner as described under the Proposed Action.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 39 Omaha District Figure 3.4C. Modified Proposed Action Wetland and Other WOUS Impacts (North)

LEGEND

------=- Construction Reference Plane l_~ Emergency Access Road • Glider Course Pier

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MODIFIED PROPOSED ACTION WETLAND AND WOUS IMPACTS (NORTH) PROGRAMMATIC ENVIRONMENTAL ASSESSMENT 0 Feet 300 FIGURE 3.2C

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Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 41 Omaha District As discussed under the Proposed Action, the benefits of the Project would outweigh the wetland impacts, and the Project is not anticipated to be injurious to the public interest.

3.3.3 Aquatic Habitat

Aquatic habitat for fish and wildlife is provided by surface waters and wetlands.

Existing Conditions As described in Section 3.3.2 and Table 3.1, and as shown in Figure 3.1, there are two unnamed intermittent waterways and one unnamed perennial waterway totaling approximately 6,100 feet (1.16 miles) in the Project Area. The waterways are tributaries to the Missouri River, the boundary between Nebraska and Iowa, which is a USGS-identified perennial waterway and navigable WOUS. The Missouri River in the Study Area has been highly altered by channelization and levee systems. These modifications have resulted in a narrower and deeper channel that lacks the variable velocities and depths necessary for habitat diversity. Despite the extensive human- induced modifications, the Missouri River and its tributaries in the Study Area support many fish species, including bass (Morone and Micropterus spp.), bluegill (Lepomis macrochirus), bullhead (Ameirurus spp.), catfish (Ictalurus spp.), common carp (Cyprinus carpio), crappie (Pomoxis spp.), creek chub (Semotilus atromaculatus), drum (Aplodinotus grunniens), walleye (Stizostedium vitreum), and other various shiners and minnows. Pallid sturgeon (Scaphirhynchus albus) also traverse the Missouri River through the Study Area and are discussed in detail in Section 3.3.5. Other aquatic organisms, such as turtles, amphibians, crustaceans, and mollusks occur in the Missouri River and its tributaries. These waterways and adjacent banks are used for feeding, breeding, and shelter on a year-round basis. Turtles that might inhabit the Study Area include false map turtle (Graptemys pseudogeographica), ornate box turtle (Terrapene ornate), painted turtle (Chrysemys picta), and snapping turtle (Chelydra serpentina). Amphibians that might be present in the Study Area include American bullfrog (Lithobates catesbeianus), northern leopard frog (Lithobates pipiens), plains leopard frog (Lithobates blairi), American toad (Anaxyrus americanus), Great Plains toad (Anaxyrus cognatus), and garden toad (Anaxyrus woodhousii). Common crustacreans and mollusks that might be present in the Study Area include northern crayfish (Orconectes virilis), calico crayfish (Orconectes immunis), giant floater (Pyganodon grandis), mapleleaf (Quadrula quadrula), and various snail species. Wetlands also support a variety of species including fish, turtles, and amphibians, as well as birds. Many of the aforementioned species, and numerous more, can inhabit both stream and wetland habitats for parts of the year.

Alternative 1 – No-Action Under the No-Action Alternative, the Project would not be built. Impacts on aquatic habitat would not occur beyond those that could occur as a result of other projects. City restoration of land in River’s Edge South would negligibly improve aquatic habitat, and City repair of Tom Hanafan Park would not affect aquatic habitat. Aquatic species that could be present in or around the Study Area would continue to be exposed to urban activities to varying degrees. Existing environmental impacts such as erosion and

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 42 Omaha District sedimentation and potential pollutant runoff and spills from adjacent urban activities would continue to affect any natural habitat and wildlife species that are present in or adjacent to the Study Area.

Alternative 2 – Proposed Action With the Proposed Action, the only permanent impacts on waterways would be pier emplacement. Piers in River’s Edge North would be outside the CRP and OHWM. The construction and installation of the overlook piers in River’s Edge South would involve installation of piers in the Missouri River. These impacts would be within the high bank and below the CRP elevation and OHWM. Cofferdams would be used to construct the overlook piers and help minimize Missouri River sedimentation and other water quality impacts (see Section 3.3.1, Water Quality). A temporary impact would result from installation of a temporary crossing of a waterway for a construction access road north of Tom Hanafan Park. During construction, the Project would minimally affect aquatic organisms in the existing streambeds and banks of the waterways in the Study Area because the organisms could avoid the area. The Project would not impact aquatic species or fisheries in the long term. Activities in or adjacent to the waterways would be limited to what is necessary for pier installation or other project components (such as roadway crossings) and would be conducted to prevent erosion and sedimentation in compliance with permit requirements. Any impacts on surface waters and aquatic resources during construction would be avoided or minimized by erosion-control measures required by the NPDES permit, the SWPPP, Section 404 and Section 10 permit conditions, and Section 401 Water Quality Certification requirements. With the measures to reduce erosion in and near streams, impacts on aquatic organisms would be minimized. After construction, disturbed soils would be revegetated. Stormwater runoff would minimally increase with the introduction of new pavements and structures. Construction impacts on aquatic habitat are anticipated to be short-term and minor because permits would be acquired and because permit conditions and BMPs would be followed to avoid or minimize impacts on aquatic species. The Proposed Action is not anticipated to be injurious to the public interest because the construction impacts would be temporary and are necessary for conducting the improvements, and the recreational benefits would outweigh the minor short-term impacts on aquatic habitat. The Project would minimally change the amount of pavement and therefore the amount of surface water runoff in the Project Area. Long-term impacts on aquatic habitat would likely result in a minor effect (primarily as a result of the introduction of piers in the Missouri River) compared to current conditions. The Proposed Action would not impair the usefulness of the L627 Levee or the R627 Levee.

Alternative 3 – Modified Proposed Action The aquatic habitat impacts from the Modified Proposed Action would be similar to, and slightly less than, those from the Proposed Action. As the design process continues, further refinements are being made to minimize wetland and other WOUS impacts. If there would be slightly less wetland and other WOUS impacts, more aquatic habitat would be maintained under this alternative. As discussed under the Proposed Action, the benefits of the Project would outweigh the aquatic habitat impacts, and the Project is not anticipated to be injurious to the public interest.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 43 Omaha District 3.3.4 Terrestrial Habitat and Wildlife

Terrestrial habitat is land that supports a variety of species that live on or rely on the land for survival.

Existing Conditions The Project Area is located in the Missouri Alluvial Plain Ecoregion (Iowa DNR 2019d; EPA 2001). This landscape is characterized by the large, flat alluvial plain that is capped with deep loess bluffs to the east of the Project Area. Natural communities in and adjacent to the Study Area have been fragmented by residential, commercial, and industrial development. Additionally, the construction of the L627 Levee has further fragmented natural terrestrial habitat. The shift from a rural to an urban society has greatly impacted the habitat that wildlife depends on for food, water, cover, and living space. There are urban-adapted species throughout the Project Area. Urban-adapted wildlife is any wild creature that lives in an urban environment or an urban-rural interface, creatures including birds, reptiles, amphibians, mammals, insects, and worms. Most urban species such as squirrels, rabbits, raccoons, opossums, and songbirds (such as robins) live in both the riparian area and the urban area throughout the Project Area. The Project Area includes trees, bushes, flowers, and grasses in landscaped areas in Tom Hanafan Park. Woodland, brush, and native grasses, as well as invasive species, occur riverward of the L627 Levee in River’s Edge North and River’s Edge South. The Study Area consists of approximately 33 acres of emergent, forested, and scrub shrub wetlands and approximately 27 acres of upland wooded areas, grassy areas, sandy areas along the Missouri River, and areas of disturbed ground. The Project Area is one of 13 wooded areas along both sides of the Missouri River approximately 2 miles upstream and downstream of the Project Area, extending from approximately the 25th Street/I-29 interchange in north Council Bluffs, south to the I-80 bridge across the Missouri River. These woodlands cover approximately 183 acres in this 4-mile stretch of the Missouri River. Of this total, approximately 103 acres are in Iowa (including 40 acres in the Project Area), and approximately 80 acres are in Nebraska. A survey of trees in the Project Area (River’s Edge North and River’s Edge South) was conducted in 2018 and updated in 2020 to determine the presence of invasive species and dead trees (HDR 2018c, 2020b). A total of 2,815 trees were identified in the Project Area. The height of each tree was estimated to the nearest 10 feet. Trees ranged in height from approximately 10 feet to approximately 110 feet, as shown in Table 3.4.

Table 3.4. Tree Survey Results Height (feet) Number of Trees 10–30 1,609 40–60 844 70–90 335 100 26 110 1 Total 2,815

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 44 Omaha District Twenty-eight species of trees were identified. Predominant species include white mulberry (Moras alba), eastern cottonwood (Populus deltoides), green ash (Fraxinus pennsylvanica), and Siberian elm (Ulmus pumila). The survey identified the presence of four species considered invasive by Iowa DNR (Iowa DNR n.d.): white mulberry (1,821 trees), Siberian elm (158 trees), tree of heaven (Ailanthus altissima; 11 trees), and black locust (Robinia psuedoacacia; 1 tree). Of the 2,815 trees surveyed, 462 were dead. The dead trees ranged in height from approximately 10 feet to 90 feet, as shown in Table 3.5. Approximately 67 percent of the dead trees were from approximately 10 to 30 feet in height.

Table 3.5. Dead Trees Surveyed Height (feet) Number of Trees 10–30 309 40–60 125 70–90 28 Total 462

A total of 13 species of dead trees were identified. Approximately half (230) of the dead trees were identified as white mulberry, 93 were Siberian elm, and 86 were eastern cottonwood. Most of the trees 70 feet and taller were eastern cottonwoods. The Project Area consists of maintained green space near the site of the proposed Belle’s Playground and unmaintained woodland areas. The maintained green space with planted trees provides habitat for species in urban areas, such as rabbits and songbirds. The woodland areas provide habitat for white-tailed deer, rabbits, raccoons, opossums, wild turkeys, and tree-cavity- nesting birds, raptors, bats, and other wildlife. The woodland areas could provide potentially suitable den habitat for river otters. The woodland areas also provide potentially suitable bald eagle habitat, and active nests have been identified within 1 mile of the Project Area. Bald eagle and raptor nest surveys were conducted in July 2019 (HDR 2019) and March 2020 (HDR 2020c). The surveys identified no bald eagle nests within 0.5 mile of the Project Area, but three nests were identified within 0.6 to 0.7 mile of the Project Area. One nest appeared to be active. The existing I-480 bridge provides potentially suitable habitat for cliff swallow nesting. Cliff swallows and other migratory birds are protected under the federal Migratory Bird Treaty Act. Removing trees or conducting bridge reconstruction during the primary nesting season of migratory birds could destroy nets or result in birds abandoning their nests, thereby disturbing the reproduction and proliferation of bird species. Removing trees during the primary nesting season of bald eagles could also result in eagles abandoning their nests. The Study Area is located on the eastern edge of the Central Flyway and the western edge of the Mississippi Flyway for north-south bird migration routes (US Fish and Wildlife Service [USFWS] 2019a). These flyways are used annually by land birds, shore birds, and waterfowl. The wooded, riparian areas in the Study Area provide bird nesting, foraging, and roosting habitat for migratory birds. There are no nature preserves or wildlife management areas in or adjacent to the Study Area (Iowa DNR 2019e), but there is one existing restoration area and another area proposed for restoration (see Figure 3.3).

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 45 Omaha District Figure 3.5. Designated Restoration Areas

[: j Council Bend Restoration Area 1/'/ ~ Project Area i,_,.J REAP Grant Area

0 Feet 1,000

DESIGNATED RESTORATION AREAS PROGRAMMATIC ENVIRONMENTAL ASSESSMENT DATA SOURCE: MAPA FIGURE 3.3 COUNCIL BLUFFS RIVERFRONT PROJECT Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 46 Omaha District The active restoration area is a USACE easement north of the Project Area. USACE acquired an easement for the Missouri River Mitigation Project at Council Bend for terrestrial and aquatic restoration. Except with USACE approval, the Council Bend easement prohibits construction of new structures or improvements, expansion of existing structures of improvements on the easement, and modification of trees, brush, or any other vegetation in its natural state. An area proposed for restoration is a 17-acre area funded under an Iowa DNR Resource Enhancement and Protection (REAP) Grant; this area is in River’s Edge South. The REAP Grant (Grant #18-R4-FA) is from Iowa DNR to the City for the restoration of woodland “by treating and removing invasive, dead and damaged plant species, and seeding bare soil with low species mix of native species and pollinators to stabilize soil and create habitat” (Iowa DNR 2018). The City has received an extension of the grant, and is finalizing plans for the restoration scheduled to occur in 2021 (Martorello 2020).

Alternative 1 – No-Action Under the No-Action Alternative, the Project would not be built. Impacts on terrestrial habitat would not occur beyond those that could occur as a result of other projects. Wildlife species that could be present in or around the Study Area would continue to be exposed to urban activities to varying degrees. Existing environmental impacts such as erosion and sedimentation and potential pollutant runoff and spills from adjacent urban activities would continue to affect any natural habitat and wildlife species that are present in or adjacent to the Study Area. Restoration activities under the REAP Grant would occur in River’s Edge South and would include removal of invasive, dead, or weakened trees, and planting of shade and ornamental trees, shrubs, and perennial plantings that would attract pollinator species. City repair of Tom Hanafan Park would not affect terrestrial habitat.

Alternative 2 – Proposed Action The Proposed Action—including tree and brush clearing, placement of fill material, placement of a temporary crossing and access road, and construction of buildings or other permanent structures—would remove and modify terrestrial habitat of wildlife species in the Study Area. This clearing process would remove natural habitat and could consequently impact the wildlife species that inhabit those areas. Impacts on wildlife species during construction would be minor and temporary. Mobile species would likely avoid the Project Area during construction due to construction noise, vegetation clearing, and construction equipment in favor of areas outside the Study Area for nesting, foraging, or roosting. Riparian areas and undisturbed woodlands north and south of the Project Area would continue to accommodate migratory bird species and other wildlife species after the Project is completed. The Project would disturb existing vegetation, removing invasive and some dead trees, as well as selected trees to be able to construct the improvements in River’s Edge North and River’s Edge South. A total of 1,359 trees would be removed, including 814 trees that are listed as invasive by Iowa DNR (757 white mulberry, 56 Siberian elm, and 1 black locust). Approximately 210 dead trees of the 462 dead trees identified (roughly 45 percent) would be removed. Most of the dead trees to be removed are white mulberry (93 trees), eastern cottonwood (46 trees), and Siberian elm (46 trees). Of the dead trees to be removed, 22 are 10 feet tall, 112 are 20 to 30 feet tall,

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 47 Omaha District 44 are 40 to 50 feet tall, and 32 are 60 to 90 feet tall. Nearly 60 percent of the trees proposed to be removed are 30 feet tall or less. Most of the trees that would be removed (790) are located in upland areas; 569 of the trees to be removed are in wetlands. Approximately 13 acres of trees would be disturbed by tree removal (approximately 33 percent of the wooded area in the Project Area and approximately 7 percent of the wooded area from along the Missouri River from the I-29/25th Street interchange in Council Bluffs to the I-80 bridge. The Project would involve planting trees, grasses, and native vegetation suitable for the repurposed areas. Selective vegetation and seed mixes, a wetland obligate species mix and an upland species mix, would be used to avoid planting invasive species. The Council Bend Restoration Area would not be directly affected by the Proposed Action because it is outside the Project Area. Activities proposed for the 17-acre area of the REAP Grant are consistent with the activities of the Proposed Action. Impacts on avian species would be avoided or minimized by complying with provisions of the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. Both acts protect bald and golden eagles because they are also migratory birds. The Migratory Bird Treaty Act prohibits the take (which includes killing, capturing, selling, trading, and transport) of protected migratory bird species without prior authorization by USFWS). None of the three eagle nests identified in the 2019 and 2020 surveys were within 660 feet of the Project Area. During the bald eagle primary nesting season (February 1 through August 31), a 660-foot (200-meter) buffer would be maintained between identified eagle nests and construction activities to avoid disturbing eagles or their nests. Any clearing, grubbing, or construction activities within 660 feet of a nest would occur outside the primary nesting season for bald eagles (USFWS 2019b). Tree removal would be completed outside the active nesting season of bald eagles and migratory birds (February 1 through September 30) to the extent practicable. If construction timing necessitates tree removal between February 1 and May 31, a nesting survey would be conducted for bald eagles and migratory birds. If an active nest is found, tree clearing would not occur near the active nest until after the young have fledged the nest. No tree clearing would occur during the northern long-eared bat pup season (June 1 through July 31). Regardless of tree clearing timing, bald eagle surveys would be conducted annually. BMPs would be implemented to clean equipment and minimize introduction and spread of invasive species, to stabilize disturbed areas and revegetate them to minimize invasive species, and to maintain landscaped areas in the future. Impacts on terrestrial habitat are anticipated to be minor, and both short-term (during construction) and long-term (post construction) because some habitat would be eliminated for improvements, while other areas would be restored and enhanced. Temporary wetland impacts would be addressed through a restoration plan to account for planting of scrub-shrub vegetation and reseeding with appropriate wetland seed mixes for the types of wetlands traversed. There would be a minor adverse impact from disturbance of vegetation during construction, but a beneficial impact after construction from removing invasive species. Approximately 252 of the 462 dead trees identified would be left in place to serve as potential habitat for wildlife species. Stumps of trees cut and removed in wetland areas would be left in place. The Proposed Action is not anticipated to be injurious to the public interest because the Project would include some habitat restoration and enhancement in the Project Area. The Proposed Action would not impair the usefulness of the L627 Levee or the R627 Levee.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 48 Omaha District The Project activities in River’s Edge North and River’s Edge South are not anticipated to be injurious to the public interest. The Project would affect terrestrial habitat and wildlife, but these impacts would be minimized to the extent practicable. The long-term benefits to the public from access to the riverfront and increased recreational opportunities would outweigh the impacts on terrestrial habitat and wildlife.

Alternative 3 – Modified Proposed Action The terrestrial habitat impacts from the Modified Proposed Action would be similar to, and less than, those from the Proposed Action. Under this alternative, fewer trees would be cut. As the design process continues, further refinements are being made to minimize wetland and other WOUS impacts. The Project would disturb existing vegetation, removing selected trees to be able to construct the improvements in River’s Edge North and River’s Edge South. Approximately 1 acre of trees would be disturbed by tree removal (approximately 2 percent of the wooded area in the Project Area and approximately 0.5 percent of the wooded area from along the Missouri River from the I-29/25th Street interchange in Council Bluffs to the I-80 bridge). Approximately 107 trees would be removed in River’s Edge North, including 72 trees that are listed as invasive by Iowa DNR (71 white mulberry and 1 Siberian elm). Of the trees to be removed, 6 are 10 feet tall, 48 are 20 to 30 feet tall, 28 are 40 to 50 feet tall, 8 are 60 to 70 feet tall, and 17 are 80 to 100 feet tall. Most of the trees that would be removed (61) are located in upland areas, while 46 of the trees to be removed are in wetlands. Approximately 12 of the 107 trees to be removed are dead. The dead trees to be removed are 6 white mulberries, 5 eastern cottonwoods, and 1 Siberian elm. Of the dead trees to be removed, one is 10 feet tall, 7 are 20 to 30 feet tall, and 4 are 60 to 80 feet tall. In addition to the 107 trees that would be removed in River’s Edge North, approximately 8 trees would be removed for access to construct the overlook pier in River’s Edge South. Six of these trees are white mulberry, listed as invasive by Iowa DNR. In addition to the six white mulberry trees, one eastern cottonwood tree and one black willow tree would be removed. Of the eight trees to be removed, one is 10 feet tall, four are 20 to 30 feet tall, one is 40 feet tall, one is 50 feet tall, and one is 80 feet tall. All eight of the trees that would be removed are in wetlands. Three of the eight trees to be removed are dead (all are mulberry and range from 10 to 20 feet tall). The Project would involve planting trees, shrubs, grasses, and native vegetation suitable for the repurposed areas. Selective vegetation and seed mixes, a wetland obligate species mix and an upland species mix, would be used to avoid planting invasive species. Impacts on avian species would be avoided or minimized as described for the Proposed Action. Temporary wetland impacts would be addressed through a restoration plan to account for planting of scrub-shrub vegetation and reseeding with appropriate wetland seed mixes for the types of wetlands traversed. There would be a minor adverse impact on terrestrial habitat and wildlife from disturbance of vegetation during construction, but there would be a beneficial impact after construction from removing invasive species. Approximately 447 of the 462 dead trees identified would be left in place to serve as potential habitat for wildlife species. Stumps of trees removed in wetland areas would be left in place. As discussed under the Proposed Action, the benefits of the Project would outweigh the impacts on terrestrial habitat and wildlife, and the Project is not anticipated to be injurious to the public interest.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 49 Omaha District 3.3.5 Threatened and Endangered Species

The Endangered Species Act provides federal protection for a variety of species, and their habitat, that are at risk of extinction.

Existing Conditions Coordination with USFWS and Iowa DNR was initiated in May 2019 for threatened and endangered species when the Council Bluffs Riverfront and Omaha Riverfront Projects were considered together. Additional coordination occurred with USFWS and Iowa DNR in September 2020. Early coordination packages were sent to these two agencies, and responses were received from both agencies (see Chapter 4.0). USFWS recommended using the Information for Planning and Conservation (IPaC) tool to determine the potential listed species that might be present in the Project Area. USFWS also provided resources describing the guidelines for avoiding interference or disturbance of bald or golden eagles and how the Project should avoid any impacts on these species as part of the Bald and Golden Eagle Protection Act of 1940 (USFWS 2019c). Iowa DNR stated that it has records of several protected species that might be impacted by this Project depending on the nature of the renovations in the area. In Pottawattamie County, Iowa, USFWS lists six federally protected species and Iowa DNR lists 26 threatened species, endangered species, and species of special concern, as shown in Table 3.6. Of the 26 state-listed species, 11 are threatened or endangered. The USFWS IPaC tool was used in 2019 to complete informal Endangered Species Act Section 7 consultation. The IPaC model was re-run in September 2020, and there were no changes from the previous results. There is no critical habitat in the Study Area. Iowa DNR stated that pallid sturgeon, least tern, piping plover, and northern long-eared bat might occur in the Project Area.

Table 3.6. Federally Listed and State-listed Endangered and Threatened Species in the Project Area, Pottawattamie County, Iowa Common Name Likelihood of Statusa Preferred Habitat (Scientific Name) Occurrence Tree cavities, particularly of silver maple, American Barn owl sycamore, and white oak (Iowa DNR 2019f). Also can be SE Not likely (Tyto alba) found nesting in old barns or abandoned buildings. Hunts in grassland habitats along wooded or wetland edges. Open, rolling grasslands and plains with few trees and Great Plains skink SE Not likely scattered rocks. Found on slopes of a small portion of the (Eumeces obsoletus) Loess Hills (LeClere 2013a; Iowa DNR 2019g). Interior least tern Barren to sparsely vegetated sandbars along rivers, sand FE, SE Migratory (Sterna antillarum) and gravel pits, and lake and reservoir shorelines. Tallgrass prairie and forest edges, bottomland forests, Least shrew ST Not likely natural lakes and prairie marshes, and wet prairies and (Cryptotis parva) fens (Iowa DNR 2009b, 2019h). Narrow-leaved milkweed Mesic to dry mesic upland tallgrass prairie or glade SE Not likely (Asclepias stenophylla) habitat. Rocky or sandy soils (USFWS 2019d). Hibernates in caves and mines. Swarms in surrounding Northern long-eared bat FT Likely wooded areas in autumn. During late spring and summer, (Myotis septentrionalis) roosts and forages in upland forests. Tallgrass prairie. Needs sandy habitat consisting of open, Ornate box turtle ST Not likely shifting, and unstable sand dunes for nesting and over- (Terrapene ornata) wintering (Iowa DNR 2019i; LeClere 2013b).

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 50 Omaha District Table 3.6. Federally Listed and State-listed Endangered and Threatened Species in the Project Area, Pottawattamie County, Iowa Common Name Likelihood of Statusa Preferred Habitat (Scientific Name) Occurrence Pallid sturgeon Large, silty rivers with a diversity of depths and velocities FE, SE Likely (Scaphirhynchus albus) formed by braided channels, sand bars, and gravel bars. Piping plover FT, SE Migratory Bare alluvial and dredged spoil islands. (Charadrius melodus) Large, open prairie with dry loess or sandy soils. Prefers Plains pocket mouse SE Not likely loose sand for burrowing and grooming (Iowa DNR (Perognathus flavescens) 2019j). Prairie bush-clover FT Not likely Dry to mesic prairies with gravelly soils. (Lespedeza leptostachya) Scarlet globe-mallow Dry grassland prairies and plains (Montana Fish, ST Not likely (Sphaeralcea coccinea) Wildlife, and Parks, n.d.). Spring ladies’-tresses Rocky, open woodlands, grassy meadows, and upland ST Not likely (Spiranthes vernalis) prairies (Hilty 2017). Water parsnip ST Not likely Along streams, seeps, and fens. Riparian wetlands. (Berula erecta) Western prairie fringed FT, ST orchid Not likely Wet prairies and sedge meadows. (Platanthera praeclara) Rocky wooded areas. Damp woodland areas along Western worm snake ST Not likely streams with fallen logs or other debris (Iowa DNR (Carphophis amoenus) 2019k). Last recorded in Pottawattamie County in 1985. Yellow monkey flower ST Not likely Wet prairies and fens. (Mimulus glabratus) Sources: USFWS 2015, 2019e; Iowa DNR 2019l. a FT = federally threatened; FE = federally endangered; ST = state threatened; SE = state endangered

Potential occurrence of federally listed and state-listed threatened and endangered species was determined based on the habitat conditions described in Section 3.3.3 and Section 3.3.4. During field studies in spring 2018, 2019, and 2020, suitable summer feeding and roosting habitat for northern long-eared bats was found in the large woodland areas along the banks of the Missouri River. The Missouri River in the Study Area is within the Central Lowlands Management Unit, a priority management area for pallid sturgeon (Scaphirhynchus albus). Four priority management areas were identified in the USFWS recovery plan for the species because they are believed to have the highest recovery potential (USFWS 2014). The Central Lowlands Management Unit extends from Fort Randall Dam, South Dakota, to the Grand River’s confluence with the Missouri River in Missouri (USFWS 2014). Although channelization as a component of USACE’s Bank Stabilization and Navigation Program has reduced riverine and floodplain habitat, artificial propagation and stocking is maintaining the population of pallid sturgeons in the Central Lowlands Management Unit, and reproduction has been documented in this unit (USFWS 2018). Adult wild pallid sturgeons are regularly captured, although in low numbers, in the upper portion of the Lower Missouri River near the Platte River. The Missouri River between Omaha and Council Bluffs is channelized and lacks variable velocities and features such as braided channels, sandbars, islands, or gravel bars. However, a chute in Council Bend

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 51 Omaha District Restoration Area a few thousand feet north of the Study Area provides shallower habitat and slower-moving water than the main channel (USACE 2019a). Based on capture of pallid sturgeons both north and south of the Project Area, it is likely that pallid sturgeons pass through this stretch of the Missouri River. Therefore, the segment of the Missouri River adjacent to the Project Area likely provides suitable habitat for pallid sturgeons. Prairie bush clover require dry to mesic prairies with gravelly soils. Western prairie fringed orchids require dry to mesic prairies and wet prairies or sedge meadows. There are no prairie or meadow areas within the Study Area. Due to the lack of suitable habitat, prairie bush clover and western prairie fringed orchid are not likely present within or adjacent to the Study Area. The endangered interior least tern and threatened piping plover typically nest on unvegetated sandbars in river channels but also can be found along the shorelines of sandpits (USACE 2019a). In the Study Area, the Missouri River is devoid of sandbars suitable for interior least terns and piping plovers. Additionally, there are no sand and gravel pits or lake and reservoir shorelines near the Project Area that would provide attractive habitat for the two avian species. Due to the lack of suitable habitat, interior least terns and piping plovers are not likely present within or adjacent to the Study Area. However, as noted for the Council Bend Supplemental Environmental Assessment (USACE 2019a), it is possible during the migration period (late March and late August) that interior least terns or piping plovers may be passing through the area to and from breeding and wintering grounds.

Alternative 1 – No-Action Under the No-Action Alternative, the Project would not be built. Impacts on federally listed or state-listed threatened or endangered species would not occur beyond those that could occur as a result of other projects. Protected species that could be present in or around the Study Area would continue to be exposed to urban activities to varying degrees. Existing environmental impacts such as erosion and sedimentation and potential pollutant runoff and spills from adjacent urban activities would continue to affect any protected species that are present in or adjacent to the Study Area. REAP Grant restoration activities within the Project Area and any restoration activities in the Council Bend Restoration Area north of the Project Area would not likely adversely affect any threatened and endangered species. City repair of Tom Hanafan Park would not affect threatened and endangered species.

Alternative 2 – Proposed Action The USFWS IPaC report stated that the project activities of the Proposed Action may affect the following federally listed species: northern long-eared bat, interior least tern, piping plover, pallid sturgeon, prairie bush-clover, and western prairie fringed orchid. The July 2019 Iowa DNR Environmental Review for Natural Resources determined that the Proposed Action could affect pallid sturgeon, interior least tern, and piping plover (Iowa DNR 2019m). Due to the lack of suitable nesting habitat for interior least terns and piping plovers, and no suitable habitat for prairie bush-clover and western prairie fringed orchid in the Study Area, no surveys are proposed for those species. The Proposed Action would have no effect on those species.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 52 Omaha District Because there are documented occurrences of pallid sturgeons within 1 mile of the Project Area and potential occurrences of northern long-eared bats near the Study Area, conservation conditions are proposed for these species. Appendix B includes an email from the USFWS Missouri Ecological Services Field Office. USFWS indicated that work in the Missouri River channel should be avoided during the spawning period during spring and early summer (April 1 through June 30). Work that puts clean sediment and alluvial soils back into the river is encouraged. USFWS referenced applicability of the USFWS species-specific rule for the northern long-eared bat pursuant to Section 4(d) of the Endangered Species Act. Incidental take of the bat would not be prohibited by activities more than 0.25 mile from a known, occupied hibernacula; cutting or destroying known, occupied roost trees outside the pup season (June 1 through July 31); and cutting or destroying any trees within a 150-foot radius of known occupied roost trees outside the pup season. Of the 2,815 trees surveyed in the Project Area, 2,353 were identified as alive and 462 were identified as dead. Under the Proposed Action, 1,149 live trees would be removed and 1,204 live trees would remain. Of the 462 dead trees in the Project Area, 252 would remain in place and could potentially be used as northern long-eared bat summer roosting habitat. Of the 210 dead trees that would be removed, 134 trees are approximately 30 feet or less in height and would not likely be used by northern long-eared bat for roosting. Of the taller dead trees (40 feet and taller) that would be removed, 40 are eastern cottonwoods, 15 are Siberian elms, 10 are white mulberry, 5 are American elm, 3 are green ash, and there are one each of caltalpa, hackberry, and black walnut. Although dead and live trees would be removed, these account for only approximately 13 acres in the Project Area, which is only 7 percent of the woodland areas along the Missouri River between the I-29/25th Street interchange in Council Bluffs and the I-80 bridge. More than half of the trees to be removed (720) are less than 40 feet in height and less than 10 inches diameter at breast height, and approximately 70 percent of the trees to be removed are less than 50 feet in height. Suitable habitat would remain in the Project Area and other woodland areas along the Missouri River. Table 3.7 summarizes the Endangered Species Act effect determinations, reasons for the determinations, and proposed mitigation conservation conditions. See Appendix B for agency correspondence. Barges would be used to install piers in the Missouri River for the River’s Edge South overlook along the Council Bluffs shoreline. Cofferdams would be installed to support pier construction, minimize disturbance of river water, and protect pallid sturgeon habitat. These structures would be removed after pier construction in the river is complete. The adoption of conservation conditions listed in Table 3.7 would mitigate potential impacts on northern long-eared bats and pallid sturgeon, and would result in a determination of may affect, not likely to adversely affect.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 53 Omaha District Table 3.7. Federally Threatened and Endangered Species Effect Determinations Common Name Effect Determination Reason for Determination and Conservation Conditions Suitable habitat present. Tree clearing and other woody vegetation removal activities will not occur between June 1 May affect, not likely to Northern long-eared bat through July 31. With the adoption of clearing and grubbing adversely affect timing restrictions, impacts on bats during the primary pup season can be avoided. Interior least tern and No effect No suitable nesting habitat present. piping plover Western prairie fringed orchid and prairie bush No effect No suitable habitat present. clover Documented occurrences within 1 mile of the Project Area. With adoption of the following conservation conditions, impacts on pallid sturgeon can be avoided: • All work adjacent to channel banks must be designed to avoid or minimize sedimentation and prevent May affect, not likely to material from entering the channel. Pallid sturgeon adversely affect • No disturbance in the channel is allowed from March 1 through June 30. • No vibratory or impact pile driving in the Missouri River is allowed from March 1 through June 30. • No discharge of spoil is allowed in the Missouri River from March 1 through June 30.

The state-listed species with non-federal status would not likely be affected by the Proposed Action in the short or long terms because of the lack of suitable habitat and their unlikely presence. The Project would provide long-term public benefits that would outweigh the impacts on threatened and endangered species by providing access to recreational space and improving the variety and intensity of recreational opportunities along the Missouri River. The Project is not anticipated to be injurious to the public interest.

Alternative 3 – Modified Proposed Action The threatened and endangered species impacts from the Modified Proposed Action would be slightly less than those from the Proposed Action because fewer trees would be removed and fewer wetlands would be temporarily affected. As the design process continues, further refinements are being made to minimize wetland and other WOUS impacts. Of the 2,815 trees surveyed in the Project Area, 2,353 were identified as alive and 462 were identified as dead. Under the Modified Proposed Action, 100 live trees (95 live trees in River’s Edge North and 5 live trees in River’s Edge South) would be removed and 2,253 live trees would remain. Of the 462 dead trees in the Project Area, 447 would remain in place and could potentially be used as northern long-eared bat summer roosting habitat. Of the 15 dead trees (12 in River’s Edge North and 3 in River’s Edge South) that would be removed, 11 trees are approximately 30 feet or less in height and would not likely be used by northern long-eared bat for roosting. Of dead trees 40 feet and taller that would be removed, all four are eastern cottonwoods. Although dead and live trees would be removed, these account for only approximately 1 acre in the Project Area, which is only 0.5 percent of the woodland areas along the Missouri River between the I-29/25th Street interchange in Council Bluffs and the I-80 bridge. Over half of the trees to be

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 54 Omaha District removed (59) are less than 40 feet in height and less than 10 inches diameter at breast height, and nearly 80 percent of the trees to be removed are less than 50 feet in height. Suitable habitat would remain in the Project Area and other woodland areas along the Missouri River. With fewer wetland impacts, there would be a lower potential for affecting any threatened and endangered species potentially residing in wetlands. As discussed under the Proposed Action, the benefits of the Project would outweigh the impacts on threatened and endangered species, and the Project is not anticipated to be injurious to the public interest.

3.3.6 Recreational Resources

Recreational resources include parks and other venues with passive or serene environments, as well as environments with active uses. The Land and Water Conservation Fund Act helps preserve, develop, and provide access to outdoor recreational resources. Section 6(f) of the act protects land acquired with Land and Water Conservation Fund monies from being converted to non-outdoor recreation uses without approval by the Secretary of the Interior.

Existing Conditions Rereational resources in or near the Project Area were described in Section 1.2.2. These resources are also discussed in the following paragraphs and are shown in Figure 3.4. Tom Hanafan Park is in Council Bluffs between Council Bluffs Levee Road and the Missouri River. Amenities include a great lawn, amphitheater, splash pad, sand area, and pavilion. The closest parks to Tom Hanafan Park that have a playground are Westwood Park approximately 1.2 miles to the southeast and Trolley Park approximately 1.3 miles to the east; both of these parks are neighborhood parks with small playgrounds. Dodge Riverside Golf Course, located adjacent to the Project Area south of I-480 and landward of the L627 Levee, is an 18-hole course owned by the City at 421 Harrah’s Boulevard. Amenities include an on-site clubhouse with restaurant, pro shop, and banquet area. The Bob Kerrey Pedestrian Bridge provides a non-vehicular connection to Omaha, and to Lewis and Clark Landing and Heartland of America Park. The two parks in Omaha adjacent to the Missouri River are currently closed for improvements to draw people to the riverfront area, and are projected to reopen in 2023. Lewis and Clark Landing will have amenities such as an urban beach, children’s play area, sports course, food truck pavilion, walking paths, and the Kiewit Discovery Center. Heartland of America Park is being regraded and a portion of the lagoon filled in to include lawn space for activities, a skate ribbon that will accommodate rollerblading in the summer and ice skating in the winter, interactive water features, walking paths, and botanical gardens.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 55 Omaha District Figure 3.6. Recreation Resources

Existing Trail

Proposed Trail

////// / / /// Project Area

Park

Recreation Area ~

0 Feet 1,500

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Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 56 Omaha District Four trails are present in the Study Area: the Iowa Riverfront Trail, Bob Kerrey Pedestrian Bridge Trail, Playland Trail, and the 35th to River’s Edge Trail. Approximately 3.4 miles of the Iowa Riverfront Trail are located on the L627 Levee, of which approximately 1.0 mile is in the Study Area. A branch of this trail extends along the north side of Harrah’s Boulevard. The Iowa Riverfront Trail extends north to Big Lake Park and south to the Western Historic Trails Center south of Interstate 80 (I-80). The trail was constructed using funds from an Iowa DNR REAP Grant (Grant #02-R4-LT). A branch of the trail extends along Harrah’s Boulevard from Dodge Riverside Drive to the L627 Levee. The Bob Kerrey Pedestrian Bridge Trail exists across the bridge, and connects to the Iowa Riverfront Trail and the Omaha Riverfront Trail. Playland Trail parallels River’s Edge Parkway from 40th Street to 42nd Street. The 35th to River’s Edge Trail (formerly named the Mid-City Trail) extends west from South 35th Street along a former railroad ROW to 2nd Avenue underneath I-29, and then continues as a separate path adjacent to Dodge Riverside Drive, and north along South 41st Street under I-480 to River’s Edge Parkway. Separate from the Project, the City is planning to improve the trail connections to Tom Hanafan Park, the River’s Edge residential and commercial development, and West Broadway to accommodate Segment 4 of the Council Bluffs Interstate System (CBIS) Improvement Program. Trails will be constructed to parallel frontage roads along I-29 between Avenue G and 9th Avenue. A segment of the existing 35th Street to River’s Edge Trail, located on the east side of 41st Street, will be moved to facilitate moving the existing I-480 interchange at 41st Street to 40th Street. The planned Broadway Trail will connect the Playland Trail at River’s Edge Parkway and 40th Street on the north side of West Broadway to the northbound and southbound I-29 frontage roads and to the existing 2nd Avenue Trail (Pottawattamie County 2018; Federal Highway Administration and Iowa Department of Transportation 2017a, 2017b).

Alternative 1 – No-Action Under the No-Action Alternative, the proposed improvements would not be constructed. River’s Edge North and River’s Edge South would not be improved with active recreational resources, but City restoration of land in River’s Edge South would improve passive recreation observation of native species and pollinators. The City would also continue other projects that would improve connectivity to and between recreational resources, such as the trail improvements associated with Segment 4 of the CBIS Improvement Program. The City would continue to maintain Tom Hanafan Park, including repairs from 2019 flooding.

Alternative 2 – Proposed Action The goals of the 2018 Riverfront Revitalization Plan include connecting the community to the riverfront, creating a variety of active spaces near the riverfront, and creating an iconic riverfront with park and recreational amenities that would draw people from western Iowa and eastern Nebraska. The Proposed Action would cause minimal temporary impacts on recreational resources because most of the improvements would be in minimally used undeveloped areas. Minimal demolition activities would be required. After removal of dead and invasive trees, additional tree and other vegetation removal and grading would be limited to specific areas of improvement. Operation of Tom Hanafan Park would continue during construction, with potential short-term use restrictions in parts of the park for construction of connecting roads and trails. Construction activities would generate noise, dust, and other air pollutant emissions and would slightly degrade the experience

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 57 Omaha District of the use of facilities in the park. For scheduled major events such as Loess Fest, nearby construction activities would be minimized to optimize use of the park. The Iowa Riverfront Trail would be closed for approximately 2 months to place a sanitary sewer main and potable water main over the levee. Signs regarding trail closure would be installed, and notices of closure would be posted on the City’s website. The trail would be elevated approximately 2 feet to allow placement of the utilities. The trail would be be restored with concrete. To maintain ADA grade requirements, the elevation of the current trail would be increased over approximately 100 feet north and south of the location of the utility placement. Only minor construction impacts on recreational facilities are expected. After the Proposed Action is completed in phases, Tom Hanafan Park and the Iowa Riverfront Trail would be opened for use. The improvements would enhance long-term use of the park and recreation areas. When construction is complete, closure signs would be removed from the construction sites, and notices of park and trail openings would be posted on the City’s website. Post-construction impacts would be major and beneficial. The Project would provide recreational facilities to an underserved area of Council Bluffs with minority and low-income populations (see Section 3.3.12). Completion of the Project would provide an improved connection between the community and the riverfront area, active recreational spaces, and iconic recreational amenities. The James Turrell sculpture, observation tower, and overlook pier would draw people from western Iowa and eastern Nebraska. The Proposed Action is not anticipated to be injurious to the public interest because the construction impacts would be temporary and are necessary for conducting the improvements that would provide a long-term beneficial impact on park and recreational resources in Council Bluffs. The Proposed Action would not impair the usefulness of the L627 Levee and the R627 Levee. The Project would provide long-term recreational benefits by providing access to recreational space and improving the variety and intensity of recreational opportunities along the Missouri River. The long-term benefits of the Project would outweigh the short-term minor construction impacts.

Alternative 3 – Modified Proposed Action The recreational impacts from the Modified Proposed Action would be similar to those from the Proposed Action. As the design process continues, further refinements are being made to minimize wetland and other WOUS impacts, but these changes would not result in different impacts on recreational resources. As discussed under the Proposed Action, the recreational benefits of the Project would outweigh the short-term construction impacts, and the Project is not anticipated to be injurious to the public interest.

3.3.7 Cultural Resources

Cultural resources include sites, objects, or practices that address current, historic, or prehistoric human life. The National Historic Preservation Act (Public Law 89 80-655) introduced government policy and procedures for protecting historic properties, including districts, sites, buildings, structures, and other objects listed in, or eligible for listing in, the National Register of Historic Places (NRHP). Section 106 of the National Historic Preservation Act requires federal agencies to identify and assess its actions for their impact on historic properties, and consider public views and concerns about those properties when making project decisions. Several other

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 58 Omaha District acts also protect cultural resources, including the Native American Graves Protection and Repatriation Act and the Archaeological Resources Protection Act.

Existing Conditions As discussed in Section 3.3.4, the Project Area is located in the Missouri Alluvial Plain Ecoregion (Iowa DNR 2019d; EPA 2001), which is characterized by the large, flat alluvial plain that is capped with deep loess bluffs to the east of the Project Area. The historic landscape has been removed as a result of its conversion to cropland or urban development. The Project Area is an urban developed environment with riparian areas (primarily woodland) along the banks of the Missouri River. An early agency coordination letter was sent to the Iowa State Historic Preservation Office (Iowa SHPO) on May 17, 2019. Iowa SHPO responded on May 20, 2019, stating that an official request for review would need to be submitted with supporting documentation. An agency coordination letter was also sent to Iowa SHPO on September 1, 2020. Iowa SHPO responded similarly to its response in May 2019. USACE performed Section 106 consultation with Iowa SHPO. Properties listed in the NRHP (both individually listed properties and historic districts) exist in Omaha along and near the Missouri River riverfront, but none are present in Council Bluffs in or near the Project Area. A historic property survey for the CBIS Improvement Program Segment 4 Project (which will reconstruct the I-480 and I-29 interchange in Council Bluffs) reviewed 486 properties in the area of the interchange and identified only one property (Former Myers Elementary School) as eligible for listing in the NRHP. The property is located at the southeast corner of Avenue G and 37th Street, approximately 0.4 mile from the Project Area (see Figure 3.5). Cultural resources surveys were performed to meet the Section 106 requirements of the National Historic Preservation Act. The Area of Potential Effect (APE) comprises the east side of the Missouri River, including River’s Edge North and River’s Edge South. Because the APE includes the Missouri River and area north of I-480 that was previously surveyed in support of the Bob Kerrey Pedestrian Bridge project, the archaeological survey was limited to River’s Edge South. The APE was subjected to pedestrian survey, localized shovel testing, and photo documentation. One previously identified site intersects the APE and was revisited (13PW151). A total of six negative shovel tests were excavated, and two new archaeological sites were recorded. Sites HDR-CB-01 and HDR-CB-02 are historic-age wing dams, a type of water control feature common along the Missouri River. No isolated artifacts were identified within the archaeological survey APE. Historic site 13PW151 (also recorded as Iowa Site Inventory Number 78-01362) is a 1 km (0.6-mile) segment of the L627 Levee completed in the late 1940s and early 1950s. This segment of the levee system extends from I-480 to Avenue G and was previously evaluated as not eligible for listing in the NRHP. A portion of this site is also included in the architectural survey APE for this investigation. No change in the site’s previous NRHP eligibility status as an archaeological site is recommended. No further archaeological investigation is recommended. The archaeological survey recorded no sites recommended eligible for listing in the NRHP (HDR 2020d).

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 59 Omaha District Figure 3.7. Cultural Resources

1111 NRHP-Listed Parcels NRHP Historic Districts ~ Omaha Rail & Commerce ilIIIIIll Nicholas Street ~ Old Market 1///1/. Project Area

PROGRAMMATIC ENVIRONMENTAL ASSESSMENT DATA SOURCE: NPS ESRI \Norld Imagery Sa.. ma p acces.sed 12/Sl2020 FIGURE 3.5 COUNCIL BLUFFS RIVERFRONT DEVELOPMENT Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 60 Omaha District The historic architectural survey included a portion of the levee and associated structures that were not specifically evaluated in the cultural resources survey conducted for the Bob Kerrey Pedestrian Bridge. A field survey was subsequently conducted. Within the architectural resources survey APE, a total of seven historic-age resources (constructed in 1975 and earlier) were recorded. Six of the resources are associated and include two segments of the L627 Levee (HDR-CB-03 and HDR- CB-04) and four pumping stations. HDR-CB-03 includes a portion of earthen levee previously recorded in the Iowa Archaeological Site File under Site Number 13PW151, and as Iowa Site Inventory Number 78-01362. The seventh historic-age resource recorded is a domestic single dwelling built in 1925 at 4105 Avenue C, adjacent to the levee (HDR-CB-05). As individual and isolated segments of the larger Missouri River Basin Project, the surveyed segments of the L627 Levee (HDR-CB-03 and HDR-CB-04) and associated structures do not rise to the level of historic and/or engineering significance necessary to merit independent eligibility for listing in the NRHP, and are recommended not eligible for listing in the NRHP. The historic-age dwelling at 4105 Avenue C is recommended not eligible for listing in the NRHP because it was found to lack historic and/or architectural significance. No potential historic districts were identified during the survey. Based on the NRHP recommendations for the historic-age architectural resources recorded in this investigation, there are no historic properties within the architectural resources APE as defined. No further work is recommended regarding the levee system and associated components located in the APE at this time. The field survey confirmed the results of the desktop review; no residential properties, or other properties or structures reviewed, were recommended eligible (HDR 2020d). The results of the archaeological and historic architectural surveys were documented in a January 22, 2021, USACE letter that was sent to Iowa SHPO for review (see Appendix B). To supplement the information in the letter, the archaeological and historic architectural survey report and other supporting materials were sent to Iowa SHPO on February 16, 2021.

Alternative 1 – No-Action Under the No-Action Alternative, the Project would not be built. Impacts on cultural resources would not occur beyond those that could occur as a result of other projects. City restoration of land in River’s Edge South and City repair of Tom Hanafan Park would not affect cultural resources.

Alternative 2 – Proposed Action Pending Iowa SHPO concurrence with the finding of no properties within the APE as listed in or eligible for lising in the NRHP, a determination of No Effect on Historic Properties is recommended for the Proposed Action pursuant to 36 CFR 800.4(d)(1). The Proposed Action is not anticipated to be injurious to the public interest because no historic properties would be affected in the short term or long term. The Proposed Action would not impair the usefulness of the L627 Levee and the R627 Levee. The Project would provide long- term benefits to the public and would not affect historic resources. The Project would be in the public interest.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 61 Omaha District Alternative 3 – Modified Proposed Action The cultural resources impacts from the Modified Proposed Action would be the same as those from the Proposed Action. As the design process continues, further refinements are being made to minimize wetland and other WOUS impacts, but these changes would not result in different impacts on cultural resources. The Project would provide long-term benefits to the public and would not affect historic resources. The Project is not anticipated to be injurious to the public interest.

3.3.8 Navigation

Navigable waters are protected under the Rivers and Harbors Act of 1912, 1925, 1927, and 1945, and must be deep, wide, and slow enough for a vessel to traverse with minimal obstructions.

Existing Conditions Navigation is one of the eight authorized purposes of the Missouri River Management System. Commercial navigation occurs from Sioux City, Iowa, south to St. Louis, Missouri, including the Missouri River adjacent to the Project Area. The navigation season generally runs from April through November, but the exact dates of the season vary from year to year based on Missouri River water levels. USACE has been given responsibility under Congressional authorization for the construction, operation, and maintenance of the Missouri River for navigation. The Missouri River Bank Stabilization and Navigation Project provides a 9-foot-deep, 300-foot-wide navigation channel in the river (USACE 2019b). The centerline of the navigation channel is shown in Figure 3.6. USACE maintains the navigation channel with a series of revetments and dikes along the river. Water depth for navigation is maintained by releasing water from Gavins Point Dam near Yankton, South Dakota. In the Project Area, the navigation channel is close to the Nebraska riverbank. There are no public ports in Iowa or Nebraska along the Missouri River. According to the US Government Accountability Office, Iowa and Nebraska accounted for 5 percent of the total commodity tonnage shipped on the Missouri River between 1994 and 2006 (US Government Accountability Office 2009). Commercial barge tonnage data have not been compiled for Iowa or Nebraska along the Missouri River since 2006. Iowa experienced its highest level of tonnage shipped in 2000 and Nebraska in 1994, with a subsequent steady decline in the 2000s. The majority of the shipments consist of food and farm products. Contributing factors leading to the decline in commercial barge traffic during this period include droughts and floods that affected the river’s navigability (USACE 2017b). Commercial barge traffic in Iowa and Nebraska has seen a slight resurgence with the reopening of the Woodswether terminal port in Kansas City in 2015 (USACE 2017b). The biweekly barges between Omaha and Kansas City carry approximately 9,000 tons of freight between the two cities. Although commercial barge traffic has increased slightly over the last decade, the flow of traffic is still a fraction of its peak in the 1970s. Rock dikes, groins, and remnants of former piers exist in the Iowa side of the Missouri River near the Project. Most of these features were constructed from the 1930s to the 1950s. Most of the groins extending from the riverbank into the Missouri River have been washed out by flooding of the river. There are no docks or port facilities in the Project Area.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 62 Omaha District Figure 3.8. Missouri River Navigation Channel

%1//,/, Project Area - -- Navigation Centerline

River Structure

0 Feet 800

MISSOURI RIVER NAVIGATION CHANNEL PROGRAMMATIC ENVIRONMENTAL ASSESSMENT DATA SOURCE: ESRI \l\'o r1d Imagery B asemap­ a~sed 12/9/2020, USACE FIGURE 3.6 COUNCIL BL UFFS RIVERFRONT DEVELOPMENT

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 63 Omaha District There is a commercial dock approximately 0.25 mile north of the Project Area at Miller’s Landing on the Nebraska side of the river. The dock serves the River City Star, a riverboat that traverses the Missouri River approximately 1 mile upstream and downstream from Miller’s Landing, turning around at the Illinois Central Swing Bridge to the north and at the I-480 bridge to the south. The River City Star serves as a multi-use entertainment venue. Operations begin as early as March and continue into October, varying from 3 to 4 times a week up to approximately 10 times a week (Minshall 2019). The Missouri River and lands open to public access on its banks offer excellent fishing, hunting, boating, canoeing, kayaking, and many other activities. In the Omaha-Council Bluffs metropolitan area, public boat ramps to launch into the Missouri River are available at NP Dodge Memorial Park (Nebraska) at River Mile 627.5 (approximately 11 miles upstream of the Project), Narrows River Park (Iowa) at River Mile 619.2 (approximately 2.5 miles upstream), Lake Manawa State Park (Iowa) at River Mile 607.4 (approximately 9 miles downstream), and Long’s Landing (Iowa) at River Mile 606.5 (approximately 10 miles downstream) (Nebraska Game and Parks Commission 2020).

Alternative 1 – No-Action Under the No-Action Alternative, the Project would not be built. Impacts on commercial and recreational navigation along the Missouri River would not occur beyond those that could occur as a result of other projects. City restoration of land in River’s Edge South and City repair of Tom Hanafan Park would not affect navigation. Commercial navigation, as well as recreational boat traffic, would continue to occur.

Alternative 2 – Proposed Action No portion of the Project Area or any anticipated project components are located in the navigation channel of the Missouri River. No piers for the Project in River’s Edge North would be located within the Missouri River, and the piers would be outside the CRP and OHWM. Several piers for the River’s Edge South overlook would be within the Missouri River, but outside the navigation channel. Barges would be used to construct cofferdams for pier construction. The rock dikes, groins, and pier remnants in the Project Area would be avoided during construction. The barges used for pier construction would travel to the Project Area using the navigation channel, but would be outside of the navigation channel during construction. Construction activities in the Missouri River would be coordinated with the US Coast Guard and USACE, and the public would be notified of construction activities to minimize impacts. No conflict with the River City Star operations would be anticipated. Navigation, commercial barge traffic, and recreational river traffic would not be adversely affected by the Proposed Action. To minimize impacts on pallid sturgeon, piers would be constructed from fall through January, which is outside the typical timeframe for commercial and recreational boating. A Rivers and Harbors Act Section 10 permit would be needed from USACE for constructing the river piers for the River’s Edge South overlook. A Section 10 permit could be issued jointly with, or separate from, a Clean Water Act Section 404 permit. An Iowa Sovereign Lands permit would also be acquired because the Project extends into the Missouri River. Construction conditions would be specified by the permit to minimize adverse impacts on the environment.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 64 Omaha District Coordination would occur with the US Coast Guard regarding local notice to recreational mariners when construction barge traffic would begin for constructing the River’s Edge South overlook within the Missouri River. Lighting of the structure would be in compliance with US Coast Guard guidance. Construction of the Proposed Action would not affect commercial navigation in the short term because barges traversing the channel are a component of commercial navigation and they would not be parked in the channel. There would be no effect on commercial navigation post- construction (long term) because the River’s Edge South overlook would be outside of the navigation channel. Recreational navigation would be slightly affected by one additional structure in the Missouri River in an area with numerous structures and shallow river bottoms. The structure would be clearly marked and lighted in accordance with US Coast Guard regulations. The proposed Project is not anticipated to be injurious to the public interest. The long-term benefits of the Project would outweigh the short-term minor construction impacts along and within the Missouri River.

Alternative 3 – Modified Proposed Action The navigation impacts from the Modified Proposed Action would be the same as those from the Proposed Action. As the design process continues, further refinements are being made to minimize wetland and other WOUS impacts, but these changes would not result in different impacts on navigation. As discussed under the Proposed Action, the recreational benefits of the Project would outweigh the short-term construction impacts, and the Project is not anticipated to be injurious to the public interest.

3.3.9 Flood Risk Management

Flood risk can be managed through flood protection improvements such as floodwalls and levees. EO 11988, Floodplain Management, provides the responsibilities of federal agencies to manage floodplains. ER 1165-2-26, Implementation of Executive Order 11988 on Flood Plain Management, describes USACE procedures for implementing EO 11988.

Existing Conditions The Project Area includes portions of the L627 Levee. The area between the L627 Levee and the R627 Levee (on the Nebraska side of the Missouri River) is mapped by FEMA as the regulatory floodway of the Missouri River. The L627 Levee civil works project was constructed in 1950 and provides protection from flooding from the Missouri River in western Council Bluffs from Big Lake Park north of the Project Area to south of Council Bluffs. The R627 Levee civil works project was constructed in 1951 and provides protection from flooding from the Missouri River in eastern Omaha from Forest Lawn Creek to US Highway 275 (USACE 2019c). The two levee systems confine a 100-year flood event to the area between the levees. The area behind (landward) of the levees and floodwall is protected from a 100-year flood event. Figure 3.7 shows the flood protection structures and the floodway boundary in the Study Area.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 65 Omaha District Figure 3.9. Flood Risk Resources

1//4 Project Area Levee Centerline

Closure Structure

Floodwall

- Outfalls & Channels

Floodway

0 Feet

FLOOD RISK RESOURCES PROGRAMMATIC ENVIRONMENTAL ASSESSMENT DATA SOURCE: ESRI \Norld Imagery 8asemap:­ accessed 12'9/2020, USACI; USGS FIGURE 3.7

PA11-1. Z Al'ROJl;CTLl'lCll"I' J:iF ~CCli.R't-:•L.■ LU FFfllO'la:tl'.,a,_c8_UVE.ltfll!ONl'~CEUE"DOt&WAI' _C!OC!J 'ORAJ'l\MJll'~U11 . FLOOD_ llll!IK,.IIIESQUJlilC:ES. J_l'JilXD COUNCIL BLUFFS RIVERFRONT DEVELOPMENT ur.ER.~IISON D"Tli,:r.,,61".i»1'1 Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 66 Omaha District Protection from flooding has enabled residential, commercial, and industrial development in western Council Bluffs and eastern Omaha. The Cities of Council Bluffs, Omaha, and Carter Lake, Iowa, coordinate with USACE on upkeep of the levee systems and management of their flood protection. As discussed in Section 1.0, Introduction, USACE must approve any modification to the flood protection systems in accordance with Section 408 of the Clean Water Act. FEMA defines floodplains in terms of Special Flood Hazard Areas. Special Flood Hazard Areas are defined as the area that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any given year. The 1-percent annual chance flood is also referred to as the base flood or 100-year flood. FEMA defines several zones affected by the base flood. Within the Special Flood Hazard Areas, the floodway is defined as the channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1-percent chance flood can be carried without substantial increases in flood elevations. The part of the Project Area extending east from the landward side of the L627 Levee is mapped as Zone X, protected by levees from a 1-percent annual flood. The part of the Project Area west of the levee is in the floodway. Planning for construction in floodplains must comply with EO 11988, Floodplain Management, and Department of the Army ER 1165-2-26, Implementation of Executive Order 11988 on Flood Plain Management. A City of Council Bluffs floodplain permit would be required for floodway/floodplain development.

Alternative 1 – No-Action Under the No-Action Alternative, the Project would not be built. Impacts on flood risk would not occur beyond those that could occur as a result of other projects. City restoration of land in River’s Edge South would include removal of dead, dying, and invasive species, and City repair of Tom Hanafan Park would negligibly improve flood storage in the Project Area. The Cities of Council Bluffs and Omaha are both in the process of maintaining their flood protection systems and would continue to do so.

Alternative 2 – Proposed Action With implementation of the Proposed Action, improvement structures would be constructed crossing and on top of flood control systems in Council Bluffs. Section 1.1.3 provides details of the project activities touching, over, and near flood protection systems, and Section 2.2 includes discussion of the improvements by park and recreation area. The Proposed Action would involve construction activities, development of structures, and placement of fill in the Missouri River floodway (approximately 0.07 acre). Minor modifications to the L627 Levee would occur but would not affect the integrity of the structures or the floodway boundary. The placement of utilities over the L627 Levee near Avenue D would be designed to pass a 100-year flood flow. Hydraulic modeling of the Proposed Action is ongoing to verify that the improvements would cause no rise in the 100-year base flood elevation. Various mitigation measures would be implemented to counteract the hydraulic impacts of the Proposed Action. The flow capacity of the floodway would negligibly change, and the Project would comply with applicable FEMA regulations.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 67 Omaha District City and Iowa DNR floodplain permits would be required for floodplain and floodway development. The floodplain permit would be acquired prior to construction. The objectives of EO 11988, Floodplain Management, have been considered during the planning and evaluation of this Project. In order to meet the needs of the recreational project, the Project features must be sited in the floodway. To the extent practicable, the Project features avoid long- and short-term adverse impacts on the floodway. There would be no significant increase in flooding in the area protected by the L627 Levee and the R627 Levee. The Cities of Council Bluffs and Omaha would continue to operate and maintain their flood protection systems. The Proposed Action is not anticipated to be injurious to the public interest and would not impair the usefulness of the L627 Levee and the R627 Levee because there would be no significant increase in flooding in the area protected by the levees. The long-term benefits of the Project would outweigh the short-term minor construction impacts along and within the Missouri River.

Alternative 3 – Modified Proposed Action Potential impacts on the floodway, floodplain, and levee system from the Modified Proposed Action would be the same as those from the Proposed Action. As the design process continues, further refinements are being made to minimize wetland and other WOUS impacts, but these changes would not result in different impacts on flood risk management. As discussed under the Proposed Action, the recreational benefits of the Project would outweigh the short-term construction impacts, and the Project is not anticipated to be injurious to the public interest.

3.3.10 Aesthetics

Aesthetics are primarily the visual landscape characteristics of observed objects that affect a viewshed. They can be natural (such as trees or rivers) or human-made (such as roads and utility poles). They can also be permanent (such as structures) or temporary (such as moving vehicles). Noise can also affect the aesthetic environment.

Existing Conditions The viewshed of the Project Area includes the left bank of the Missouri River and western Council Bluffs to the east, and the right bank of the Missouri River and the heart of downtown Omaha to the west. In Iowa, the viewshed of the Project Area includes park and green space areas including Tom Hanafan Park. The River’s Edge residential and commercial development (also referred to as Playland Park) is being constructed east of the park. A large, undeveloped wooded area is present in River’s Edge North, and a wooded area is also present in River’s Edge South. Commercial and residential development and a golf course border the park and riparian areas to the south and east. In Nebraska, Lewis and Clark Landing and Heartland of America Park are along the bank of the river and are nestled within the urban development of downtown Omaha. Commercial and residential areas are interspersed downtown, with industrial development more localized to the southern extent of the Study Area. Wooded areas are present along the bank of the river south of the I-480 bridge.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 68 Omaha District The viewshed between the Iowa and Nebraska portions of the Project Area includes the Missouri River and the existing I-480 bridge, the Bob Kerrey Pedestrian Bridge, and a UPRR bridge spanning the river.

Alternative 1 – No-Action Under the No-Action Alternative, the Project would not be built. The City restoration of land in River’s Edge South would improve passive recreation observation of native species and pollinators. City repair of Hanafan Park would improve local aesthetics of the area. Impacts on aesthetics would not occur beyond those that could occur as a result of other projects.

Alternative 2 – Proposed Action With the Proposed Action, construction would occur in and adjacent to previously disturbed or developed areas. After removal of dead and invasive tree species, site preparation would primarily involve selective tree removal and grading. Operation of construction equipment (such as cranes and grading equipment) would cause minor, temporary (short-term) aesthetic impacts during demolition and construction through the generation of dust and noise. The improvements would occur mostly in a natural area and would be integrated with the environment with the treetop walk. The observation tower would be viewable from the Omaha riverfront area, I-480, the Bob Kerrey Pedestrian Bridge, and likely from the bluffs area of Council Bluffs. The public using the treetop walk, overlook, and observation tower would have improved views of the Missouri River. Walking paths in gaps between trees and through natural areas would facilitate public access through River’s Edge North and River’s Edge South. Long- term impacts on aesthetics would be beneficial and minor. The Proposed Action is not anticipated to be injurious to the public interest because impacts on aesthetics would be minor and beneficial, and would not impair the usefulness of the L627 Levee and the R627 Levee. The long-term benefits of the Project would outweigh the short-term minor construction impacts on the aesthetic environment along and within the Missouri River.

Alternative 3 – Modified Proposed Action The aesthetic impacts from the Modified Proposed Action would be similar to those from the Proposed Action. As the design process continues, further refinements are being made to minimize wetland and other WOUS impacts, but these changes would not result in a noticeable change in aesthetic impacts. As discussed under the Proposed Action, the recreational benefits of the Project would outweigh the short-term construction impacts on the aesthetic environment, and the Project is not anticipated to be injurious to the public interest.

3.3.11 Socioeconomics/Land Use

Socioeconomics addresses how economic activity affects, and is affected by, social processes. Land use is closely related to socioeconomics because the way in which land is used (and its designation for primary uses such as industrial, residential, commercial, or recreational purposes) can affect economic activity and social processes. Land use can be affected by flood hazards and the land’s potential to be inundated by flood waters during a flood event.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 69 Omaha District Existing Conditions Population The Project Area is located in the heart of the Omaha-Council Bluffs metropolitan area, which had an estimated population of 949,442 in 2019. The Omaha-Council Bluffs metropolitan area includes Harrison, Mills, and Pottawattamie Counties in Iowa and Cass, Douglas, Sarpy, Saunders, and Washington Counties in Nebraska (US Census Bureau 2020). The 2019 estimated population of the Omaha-Council Bluffs metropolitan area increased by 8,472 over the 2018 estimated population and by 84,092 over the 2010 US Census population count. In 2019, the population of Douglas County (571,327) accounted for 60 percent of the Omaha-Council Bluffs metropolitan area population. The 2019 population of Douglas County was over 10 percent above the 2010 population. Among Iowa counties, Pottawattamie County has the largest population, estimated at 93,206 in 2019 in the Omaha-Council Bluffs metropolitan area. The population of Pottawattamie County was nearly steady from 2010 to 2019, growing by 48 people (US Census Bureau 2020). Between 2010 and 2019, the population of Council Bluffs slightly declined from 62,230 to an estimated 62,166, while Omaha’s population grew from 408,958 in 2010 to an estimated 478,192 in 2019 (US Census Bureau 2020). The population within a 1-mile buffer of the Project Area was estimated at 28,610 in 2018, up from 23,092 in 2000 and 26,639 in 2010 (US Census Bureau 2001, 2011, 2019a). The population within the 1-mile buffer in Council Bluffs increased from 11,895 in 2000 to an estimated 15,936 in 2019, as shown in Table 3.8.

Table 3.8. Population within 1-Mile Buffer of Project Area Area 2000 Population 2010 Population 2018 Population Omaha (portion) 11,895 14,497 15,936 Council Bluffs/Carter Lake 11,197 12,142 12,674 (portion) Total 23,092 26,639 28,610 Sources: US Census Bureau 2001, 2011, 2019a.

Land Use The Project Area is located within a mostly undeveloped area between the Missouri River and the highly developed urban area of Council Bluffs that includes residential, commercial, industrial, and public uses. The land use in the Project Area is designated as public park and regional commercial. Residential and commercial land use is located to the south and east of the Project Area. The land north of I-480 is zoned Open Space Conservation District (A-1), and the land south of I-480 is zoned Riverboat District (A-3; Pottawattamie County 2019; City of Council Bluffs 2019a). The public open space consists of Tom Hanafan Park and adjacent land, and Dodge Riverside Golf Course. The land in the Project Area is owned primarily by the City or Iowa DNR. To the west of the Project Area, in Omaha, the land use is designated downtown mixed use, which consists of a mix of open space, civic uses, commercial, and residential. Zoning is primarily Central Business District with Mixed Use, Downtown Service District, and Heavy Industrial (Douglas County 2019). The Project Area is within existing open space owned by the City of Omaha and the railroads. The open space consists of Heartland of America Park and Lewis and Clark Landing. The area around Heartland of America Park is privately owned.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 70 Omaha District Figure 3.8 shows existing land use in and near the Study Area. Employment and Industry Employment in the Omaha-Council Bluffs metropolitan area is diverse. The leading employment industries are health care, government, retail trade, finance and insurance, accommodations and food service, and construction (Bureau of Economic Analysis 2019). Retail trade, health care, accommodations and food service, local government, manufacturing, and construction are the leading industries of employment in Pottawattamie County. Dodge Riverside Golf Course and Harrah’s and Ameristar hotels and casinos are south of the Project Area. Quality Inn, Deluxe Inn, several eating establishments, and commercial services are east of the Project Area along West Broadway. Health care, government, retail trade, finance and insurance, administrative support, and professional services are the leading industries of employment in Douglas County. CHI Health Center Omaha, TD Ameritrade Park Omaha, several hotels, and the Old Market, with shopping and restaurants, are west of the Project Area. Connectivity and Access Tom Hanafan Park is bounded by I-480 to the south and the Bob Kerrey Pedestrian Bridge to the north. The River’s Edge Service Road connects Tom Hanafan Park with the overflow parking lot for Harrah’s Hotel and Casino, which is accessed by Harrah’s Boulevard from I-29. Flooding in 2019 has currently closed access to Tom Hanafan Park via the River’s Edge Service Road. North of I-480, local roads dead-end at the L627 Levee. Pedestrians and bicyclists can access Tom Hanafan Park and the Bob Kerrey Pedestrian Bridge from Avenue B and the Iowa Riverfront Trail. Vehicular access to Tom Hanafan Park is provided by River’s Edge Parkway via 2nd Avenue to Dodge Riverside Drive to North 41st Street (approximately 0.7 mile), or by River’s Edge Service Road via 9th Avenue to Harrah’s Boulevard and Harrah’s north parking lot adjacent to River’s Edge Service Road (approximately 1.2 miles). I-480 eastbound provides access to North 41st Street (approximately 0.3 mile), but there is no adjacent access from I-480 westbound. The northern access is from I-29 southbound to Avenue G, to 40th Street to River’s Edge Parkway, a distance of nearly 1 mile. From northbound I-29, a motorist would need to exit at 9th Avenue and take the service road parallel to I-29 to 2nd Avenue, a distance of 0.5 mile, and then follow 2nd Avenue to Dodge Riverside Drive to North 41st Street, to River’s Edge Parkway to Tom Hanafan Park, a total distance of 1.3 miles. There is little or no signage for Tom Hanafan Park on the northern access routes, but adequate signage is present on the southern route from 9th Avenue. Planned changes to I-29 and I-480 as part of the CBIS Improvement Program will move the existing partial interchange at 41st Street to 40th Street, and West Broadway will directly connect to 40th Street, providing access to Tom Hanafan Park via River’s Edge Parkway. Visitors from northbound I-29 at 9th Avenue will access the park from Broadway or 2nd Avenue to 40th Street. Visitors using southbound I-29 would exit at Avenue G and follow a frontage road to Avenue B to 40th Street to River’s Edge Parkway and then proceed west to the park. Access from eastbound I-480 from Omaha will be from the new interchange at 40th Street to River’s Edge Parkway. There would still be no direct access to 40th Street and Tom Hanafan Park from westbound I-480, but access would be provided from West Broadway or the aforementioned frontage road extending south from Avenue G.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 71 Omaha District Figure 3.10. Land Use

Council Bluffs Land Use CJ Rural Residential/Agricultural [=i Low-Density Residential [=i Medium-Density Residential CJ High Density Residential .. Multi-family/Mixed-use [=i Local Commercial .. Regional Commercial

.. Light Industrial

.. Heavy Industrial CJ Natural Areas Public Park

Public/Semi-public L7 Transportation/Utility Omaha Land Use l.-=i civic [=i Downtown Mixed Use .. High Density Residential

Industrial

Low Density Residential

Open Space

I 0 Feet

LAND USE PROGRA MMATIC ENVIRONMENTAL ASSESSMENT DATA SOURCE: ESRI V'.brld Imagery 8 asemap accessed 1219!2020, DOCIS, Pottawattarme C.01:.mty CIS. US Census Bllreau FIGURE 3.8 COUNCIL BLUFFS RIVERFRONT DEVELOPMENT

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 72 Omaha District Tax Base Since 2013, the year Tom Hanafan Park opened, nearly $55 million has been invested by government agencies and private foundations in economic development grants in the Council Bluffs area. Most of this investment has been focused on the Riverfront Revitalization Program, the River’s Edge parking garage, the Playland Park commercial development, and Loessfest (Iowa West Foundation, n.d.). The City is also committed to increasing its tax base by promoting economic development. Construction continues in the River’s Edge residential and commercial development adjacent to the Project Area; a 67,000-square-foot office building, a 743-space parking garage, 6,300 square feet of retail space, and 61 apartments of the 200-unit apartment building have been completed. Total private investment is expected to exceed $400 million for the development. The City anticipates significant property tax growth with the River’s Edge residential and commercial development. The City also continued the West Broadway reconstruction, and reconstruction of I-80 and I-29 (City of Council Bluffs 2019b). In 2019, the full assessed value of property in Pottawattamie County was $9.1 billion. Residential property was valued at $5.0 billion, commercial property was valued at $1.4 billion, and utilities, industrial, agricultural land and buildings, and railroads were valued at $2.7 billion (Iowa Department of Management 2020). Property tax revenue currently accounts for 50 percent of the Pottawattamie County budget (Pottawattamie County 2020b). The full assessed value within Council Bluffs was $5.3 billion in 2019. Since 2010, the assessed value of Council Bluffs has increased from $4.1 billion to its current assessed value of $5.2 billion, an increase of 27 percent. Approximately 75 percent of the increase has occurred since 2013, the year that Tom Hanafan Park opened. Residential properties account for approximately 45 percent ($2.3 billion) of the current total assessed value. Apartments in and adjacent to the River’s Edge residential and commercial development have an assessed value of $50 million, and commercial development within River’s Edge is assessed at $8 million (Pottawattamie County 2020a). Property tax revenue currently accounts for 36 percent of the City budget (City of Council Bluffs 2019b). Acquisitions/Relocations With the exception of commercial development in the River’s Edge residential and commercial development, all of the land use north of I-480 and from the L627 Levee east to I-29 is residential. The average assessed value of residences is approximately $110,000, ranging from $38,300 to $320,500 (Pottawattamie County 2020a). There are currently 127 residences for sale in Council Bluffs, ranging in price from $19,900 to $2.5 million (Century 21 Real Estate 2020). Residential properties in flood hazard areas near the L627 Levee, including those adjacent to the Project Area, were surveyed in 2019 by the City. The City is considering acquiring these properties through a FEMA buyout application (Duffy 2019). The shallow depth to groundwater and potential for street flooding and sewer backups cause inundation of basements and lower levels of residences.

Alternative 1 – No-Action Under the No-Action Alternative, the proposed park and recreation improvements in River’s Edge North and River’s Edge South would not be constructed. The City restoration of land in River's Edge South would occur, and ongoing repairs would continue in Tom Hanafan Park.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 73 Omaha District These actions would not change the population demographics, land use, employment and industry, connectivity and access, and tax base, or cause acquisitions or relocations in the area.

Alternative 2 – Proposed Action The Proposed Action would not change the population trends or overall demographics of the Study Area. The improvements to the recreational resources would be consistent with the existing and future land uses of the riverfront area and are not expected to change. Zoning is not expected to change with the proposed riverfront improvements. The Proposed Action would benefit the residents by providing additional community and public spaces for recreation and entertainment. The Proposed Action is expected to improve the overall quality of life for residents living near the amenities, as well as residents from outside the immediate riverfront area. Adding the proposed amenities would have a positive impact on property values in adjacent areas, but the value of any individual property would also be influenced by its condition and location and by market conditions. The added amenities would bring more people to the riverfront who are likely to frequent other existing and proposed businesses, such as the River’s Edge residential and commercial development and ConAgra redevelopment. The increased attractions at the riverfront would likely bring in visitors from outside Council Bluffs and Omaha and/or increase the length of their stay in the area. These increased and longer visits would increase local food and lodging expenditures. The proposed recreational amenities would continue to stimulate residential and commercial development in the River’s Edge area. Consequently, the Proposed Action would contribute positively to the local socioeconomic environment. In the short term, construction could limit access to the riverfront and introduce disruption and noise with the presence of construction equipment and workers. However, construction would be phased, thereby allowing the riverfront to be used during construction and limiting disruption to smaller segments of the riverfront at any one time. The short-term impacts would be minor and adverse. In the long term, the Proposed Action would present a minor benefit to local residents by providing additional community and public spaces for recreation and entertainment, with improved access and connectivity. The Proposed Action would improve socioeconomic conditions in the riverfront area, is not anticipated to be injurious to the public interest, and would not impair the usefulness of the L627 Levee and the R627 Levee. The long-term recreational and socioeconomic benefits of the Project would outweigh the short-term minor construction impacts in the Project Area.

Alternative 3 – Modified Proposed Action The socioeconomics and land use impacts from the Modified Proposed Action would be the same as those from the Proposed Action. As the design process continues, further refinements are being made to minimize wetland and other WOUS impacts, but these changes would not result in different impacts on socioeconomics or land use. As discussed under the Proposed Action, the Project is not anticipated to be injurious to the public interest because the recreational and socioeconomic benefits of the Project would outweigh the short-term minor construction impacts in the Project Area.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 74 Omaha District 3.3.12 Environmental Justice

EO 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, requires federal agencies to identify and address any disproportionately high adverse human health or environmental effects of federal actions on minority and/or low- income populations. UASCE, an agency under the Department of the Army, follows Department of Defense guidance for environmental justice, including Department of Defense Strategy on Environmental Justice (Department of Defense 1995) and Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published in the Federal Register on December 31, 2013 (78 Federal Register 79675).

Existing Conditions Minority populations are those persons who identify themselves as Black, Hispanic, Asian American, American Indian/Alaskan Native, and/or Pacific Islander. Low-income households are those whose total income is below the poverty threshold. A minority or low-income population exists where the percentage in an affected area either exceeds 50 percent or is meaningfully greater than in the general population. For the Project, meaningfully greater is defined as a population 125 percent of the Council Bluffs or Omaha population. This relative threshold is consistent with guidelines used for federal-assistance programs for income assistance. To be consistent, the same threshold was used to identify minority populations. Census block groups within 0.25 mile of the Project Area were evaluated to determine whether minority or low-income populations are present. These block groups are the primary focus of the analysis to assess direct short- and long-term impacts (construction impacts including traffic congestion, noise, and air quality) on environmental justice populations. Census block groups within 1 mile of the Project Area were also evaluated to determine the presence of minority or low-income populations and to assess potential long-term impacts on community services (such as recreational resources) and broader-scale economic impacts. Five block groups are within 0.25 mile of the Project Area (three in Council Bluffs and two in Omaha). As shown in Table 3.9 and Figure 3.9, low-income and minority populations are within 0.25 mile of the Project Area in Council Bluffs. Census tract 304.2, block group 2, is above the relative threshold for a minority population, and census tract 304.2, block group 3, is above the relative threshold for a low-income population. An additional 11 block groups within 1 mile of the Project Area (5 in Iowa and 6 in Omaha) are above the relative threshold for a minority population. A low-income population was identified in 15 block groups within 1 mile of the Project (6 block groups in Council Bluffs and 9 in Omaha; US Census Bureau 2019a). Figure 3.9 shows US Census block groups where minority and low-income populations have been identified within 1 mile of the Project Area.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 75 Omaha District Table 3.9. Block Groups Within 0.25 Mile of Project Area Meets Low Meets Percent Low Percent Area Block Group Income Minority Income Minority Threshold Threshold Iowa Census tract 304.01, 11.3 No 14.3 No block group 3 Census tract 304.02, Pottawattamie County 7.3 No 35.8 Yes block group 2 Census tract 304.02, 17.3 Yes 0.8 No block group 3 Council Bluffs 13.5 (16.9)** 13.5 (16.8)** Pottawattamie County 11.1 (13.8)** 14.7 (18.3)** Nebraska Census tract 5, 12.0 No 19.0 No block group 1 Douglas County Census tract 18, 5.8 No 19.0 No block group 2 Omaha 14.3 (17.8)** 30.2 (37.8)** Douglas County 12.7 (15.9)** 27.4 (34.2)** ** The number in (xx) is the relative threshold for low-income and minority populations and is 125 percent of the community of comparison.

A new community investment tool, the Opportunity Zones incentive, was established by Congress in the Tax Cuts and Jobs Act of 2017 to encourage long-term investments in low- income urban and rural communities nationwide. Opportunity Zones are low-income census tracts nominated by governors and certified by the US Department of the Treasury into which investors can now put capital to work financing new projects and enterprises in exchange for certain federal capital gains tax advantages. There is a designated Opportunity Zone south of the UPRR bridge (approximately 0.5 mile south of the Project (Iowa Economic Development Authority 2020). Nearly the entire area in Nebraska within 1 mile of the Project Area is within an Opportunity Zone (Economic Innovation Group, n.d.). In addition to Opportunity Zones located in Nebraska, the Nebraska Department of Economic Development gives preference for various business incentive and grant programs, such as the Customized Job Training grant program and provisions of the Business Innovation Act, Affordable Housing Trust Fund, and Site and Building Development Fund, to projects located in whole or in part within a designated enterprise zone. Within 1 mile of the Project Area is a designated enterprise zone that includes census tracts 16 and 18 in Omaha, shown previously in Figure 3.9. Enterprise zones are areas of economic distress that have conditions of high unemployment, poverty, and declining population (Nebraska Department of Economic Development 2020).

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 76 Omaha District Figure 3.11. Census Boundaries

One Mile Buffer

Quarter Mile Buffer

1777,:1 Project Area Bl~ Cl Stale Line Block Groups ~ Low-Income Minority Population Low-Income Population

~ Minority Population A

e 0 Feet 2,200 Tract:,314- - ­ Block G.(_oup 2 CENSUS BOUNDARIES PROGRAMMATIC ENVIRONMENTAL ASSESSMENT DATA SOURCE. ESRl Wo,I; 1mo1Jery B,,,;emap a~ 1219/202D, US Cem,us Bu1ec1u FIGURE 3.9 COUNCIL BLUFFS RIVERFRONT DEVELOPMENT Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 77 Omaha District Department of Defense guidance includes a provision for improving accessibility to vital documents for persons with limited English proficiency (LEP). LEP refers to anyone above the age of five who reported speaking English “less than very well” as classified by the US Census Bureau. Outreach thresholds for Department of Defense recipient programs, including federally funded projects requiring NEPA analysis, is 5 percent or greater, or 1,000 persons or more, who speak a language other than English who are of LEP in the project study area. The percentage of people with LEP living within 1 mile of the Project Area was reviewed. Based on 2018 census data, there are 716 individuals (2.7 percent of the Study Area population) who speak Spanish and speak English “not well” or “not at all” (US Census Bureau 2019b). There are 5 individuals (less than 0.1 percent of the Study Area population) who speak other Indo-European languages and speak English “not well” or “not at all.” There are 99 individuals (0.4 percent of the Study Area population) who speak Asian languages and speak English “not well” or “not at all.” There are 42 individuals (0.2 percent of the Study Area population) who speak other languages and speak English “not well” or “not at all” (US Census Bureau 2019b). The LEP data show values below the 5 percent and 1,000 person thresholds for Spanish, as well as other languages, as shown in Table 3.10. Consequently, it was determined that Spanish or other language materials would not be required for public meetings.

Table 3.10. Limited English Proficiency Threshold Analysis American Community Survey 2018 Total Population in Study Area 5,231 Language LEP Population LEP Percent of the Total Population Spanish 0 0.0 Other Indo-European 0 0.0 Asian Pacific Island 81 1.5 Other Languages 0 0.0 Source: US Census Bureau 2019b. US census data for LEP is based on the population 5 years of age and older.

Alternative 1 – No-Action Under the No-Action Alternative, the proposed park and recreational improvements in River’s Edge North and River’s Edge South would not be constructed. Repairs would continue in Tom Hanafan Park, and restoration activities in the 17 acres identified in the REAP Grant would occur. These actions would not influence the environmental justice environment of the area. The ongoing projects would not result in a disproportionately high and adverse impact on nearby minority and low-income populations.

Alternative 2 – Proposed Action In Council Bluffs, the Proposed Action would be adjacent to an Enterprise Zone, and there are populations above the low-income and minority population thresholds. There would be limited disruption and noise during construction, as noted in Sections 3.2 and 3.3.10, but these impacts would not be greater than for other residents. No known contaminated sites are in the Project Area (see Section 3.12), so no health concerns are expected. In the long term, the Proposed Action would benefit the public, including low-income and minority populations, by providing improved access to park and recreational facilities, and more opportunity for use of open space and recreational resources. The Proposed Action would support the goal of the Enterprise Zone by making economic investments and generating more revenue directly. Residents could have

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 78 Omaha District additional employment opportunities during both construction and operation of the improved recreation areas. A review of the housing lists from PublicHousing.com and LowIncomeHousing.us showed that there are two low-income, multi-family housing complexes near the Study Area: Maple Park Apartments (2nd Avenue and South 36th Street) and Featherstone Apartments and Townhouses (North 35th Street and Avenue I). Northgate Apartments (North 31st Street and Avenue L) are approximately 0.25 mile east of the Study Area. These complexes are Section 8 housing and provide opportunities for low-income residents to move into the area adjacent to the Project if they desire to be closer to the recreational opportunities provided by the Project. Apartments are available in these units (LowIncomeHousing.us 2020). For an impact to be considered an environmental justice impact, the affected minority or low- income population must bear a disproportionate share of the Project’s negative effects when compared to the community of comparison. Minority and low-income populations would directly benefit from the Proposed Action through increased recreational oppornities in an area that is currently underserved by parks. The Proposed Action would be consistent with the planned future land use of Council Bluffs, with indirect effects including economic growth effects related to redevelopment. The environmental justice populations would benefit indirectly from the Proposed Action through improved socioeconomic conditions. Short-term impacts during construction would be minor due to noise, air emissions, and other disturbances. The overall long-term effects of the Project would be positive for the City and are considered to be minor and beneficial. Therefore, the Proposed Action would not disproportionately and highly adversely impact the minority or low-income residents compared to the general population and would comply with EO 12898. The Proposed Action would improve socioeconomic conditions in the riverfront area, is not anticipated to be injurious to the public interest, and would not impair the usefulness of the L627 Levee and the R627 Levee. The long-term benefits of the Project would outweigh the short-term minor construction impacts in the Project Area.

Alternative 3 – Modified Proposed Action The environmental justice impacts from the Modified Proposed Action would be the same as those from the Proposed Action. As the design process continues, further refinements are being made to minimize wetland and other WOUS impacts, but these changes would not result in different impacts on environmental justice populations. As discussed under the Proposed Action, the Project is not anticipated to be injurious to the public interest because the recreational and socioeconomic benefits of the Project would outweigh the short-term minor construction impacts in the Project Area.

3.3.13 Hazardous, Toxic, and Radioactive Waste

Hazardous, toxic, and radioactive wastes (HTRW) in the existing environment could adversely affect workers, the general public, or the environment. USACE is obligated under ER 1165-2- 132, Hazardous, Toxic, and Radioactive Waste (HTRW) Guidance for Civil Works Projects, to assume responsibility for the reasonable identification and evaluation of all HTRW contamination in or near the Project Area.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 79 Omaha District Existing Conditions Sites in and near the Project Area were identified for an HTRW review. The HTRW review was needed because of the potential presence of those materials in the Project Area, and for the potential risk of contaminant migration into the Project Area. Not every property warranted the same level of assessment; therefore, a staged approach was implemented. Information gathered was used to evaluate whether additional assessment was needed for each property. The assessment proceeded only for properties with a likely recognized environmental condition. Sites in or near the Project Area were assessed for their potential risk (high, moderate, low, or minimal risk). The investigation focused on the high- and moderate-risk sites because the low- and minimal-risk sites have a low to no probability of affecting, or being affected by, the Project. The Iowa DNR Facility Explorer, NDEE, and EPA databases were searched for sites within 0.5 mile of the Project Area. Sites are listed due to hazardous substance and/or petroleum product use, storage, or transfers. These sites can include, but are not limited to, underground storage tanks (UST), leaking underground storage tank (LST or LUST), Release Assessment (RA), Resource Conservation and Recovery Act sites with reported violations, and Tier 2 Chemical Reporting/Superfund Amendments and Reauthorization Act Title III sites. In addition, the databases were also searched for sites in the following locations: • Within 0.5 mile of the Project Area for landfills, Resource Conservation and Recovery Act Corrective Action sites, and Brownfields (BF) sites • Within 1 mile of the Project Area for sites with indications of a known existing or past release of any hazardous substances or petroleum products into the ground (soil), groundwater, or surface water and the possibility for large-scale migration from the contaminant source (sites such as National Priority List or Superfund) Sites identified during the database review were evaluated for their potential to affect, or be affected by, the Project. A regulatory file review was conducted on those sites that could affect the Project. Surface water flows to the south and west throughout much of Council Bluffs and to the south and east throughout much of Omaha. The estimated depth to groundwater in Council Bluffs ranges from 6 to 11 feet below ground surface (bgs) near the Dodge Riverside Golf Course and 10 to 12 feet bgs at the Ameristar Casino (IGS 2019). Based on USGS topographic maps, groundwater flows in a westerly/southwesterly direction (USGS 2019). In Omaha, the depth to groundwater ranges from approximately 8 feet bgs at Lewis and Clark Landing (the former site of the American Smelting and Refining Company [ASARCO]) to 22.5 feet bgs in Heartland of America Park (Nebraska Department of Natural Resources 2019a). Based on USGS topographic maps, groundwater flows in an easterly/southeasterly direction over much of the Project Area toward the Missouri River (USGS 2019). Although most sites in Council Bluffs and Omaha are outside the area that would be disturbed for construction, the Omaha portion of the Study Area includes former heavy industrial and railroad uses adjacent to the Missouri River. The Council Bluffs portion of the Study Area has one moderate-risk site, and the Omaha portion of the Study Area has one moderate-risk and five high-risk sites. Table 3.11 identifies the site in Council Bluffs, and Table 3.12 identifies the sites in Omaha. Figure 3.10 identifies the locations of medium- and high-risk sites in or near the Project Area.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 80 Omaha District Table 3.11. Identified Sites in Iowa within the Database Search Radii Regulatory Databasea and Distance Relative to Facility Address Facility Statusb Project and Risk Approximately 0.4 mile Westend Service northeast and (Iowa DNR ID – 3778 Avenue G LST(I), UST(A) topographically upgradient. 310499086) Medium risk. a LST = Leaking Storage Tank; UST = Underground Storage Tank b (A) = Active; (I) = Inactive

Table 3.12. Identified Sites in Nebraska within the Database Search Radii Regulatory Databasea and Distance Relative to Facility Address Facility Statusb Project and Risk Approximately 0.3 mile and PCS(I), AIR(I), RCR(I), Omaha Docks (former) 701 Abbott separated by hydraulic RA(I), IWM(I), LST(I), (NDEE ID – 16987) Drive divide of Missouri River. TL3(I), RAP(A) Medium risk. Heartland of America Park Approximately 0.1 mile and Junction of 6th (former Gould Battery, separated by hydraulic and Harney LST(I), RCR(I), RA(I) Jobbers Canyon, etc.) divide of Missouri River. Streets (NDEE ID – 61541) High risk. Lewis and Clark Landing RCR(I), TL3(I), AIR(I), Approximately 0.2 mile and (former ASARCO and 500 Douglas PCS(A), RAP(A), RA(I), separated by hydraulic Union Pacific Railroad Street SF(A), LST(I), IWM(I), divide of Missouri River. Yard) BF(A) High risk. (NDEE ID – 10517) Approximately 0.3 mile Union Pacific Railroad Junction of AIR(I), TL3(I), LST(I), northwest and separated by Yard (former) North 9th and RAP(A), RCR(A), PCS(A), hydraulic divide of Missouri (NDEE ID – 59005) Webster Streets OWT(I), RA(I), UIC(I) River. High risk. Approximately 0.3 mile and CHI Health Center 455 North 10th separated by hydraulic PCS(A), RA(I), TL3(A) (NDEE ID – 78965) Street divide of Missouri River. High risk. Approximately 0.1 mile west Intersection of Omaha Lead Site RCR(A), SF(A), IWM(I), and separated by hydraulic I-480 and Abbott (NDEE ID – 69981) PCS(A) divide of Missouri River. Drive High risk. a AIR = Clean Air Act RAP = Remedial Action Program BF = Brownfields RCR = Resource Conservation and Recovery IWM = Integrated Waste Management SF = Superfund LST = Leaking Storage Tanks TL3 = Superfund Amendments and Reauthorization Act OWT = Onsite Wastewater Treatment Title III PCS = NPDES Permits and Compliance UIC = Underground Injection Control RA = Release Assessment b Active = (A), Inactive = (I)

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 81 Omaha District Figure 3.12. HTRW Sites

• High Risk

0 Moderate Risk [=1 Omaha Lead Site D Project Area

0 Feet

HTRWSITES PROGRAMMATIC ENVIRONMENTAL ASSESSMENT DATA SOURCE· ESRI l',l,r~ IITl>!Je

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 82 Omaha District Westend Service (Iowa DNR ID – 310499086) Westend Service is listed in the LST and UST databases and is located at 3778 Avenue G, Council Bluffs, Iowa, which is approximately 0.4 mile northeast of the proposed construction activities. Leak number 8LTF83 was first reported on October 23, 1990. Gasoline, diesel, and other petroleum products leaked, but there was no free product reported and no remedial action was taken. No further action is proposed by Iowa DNR for this site. There are five regulated, but closed, tanks still on the property. Based on distance from the release to the Project Area, the site is considered a medium risk. Omaha Docks (former) (NDEE ID – 16987) Omaha Docks is listed in the PCS, AIR, RCR, RA, IWM, LST, TL3, and RAP databases (see Table 3.12 for these abbreviations). The property is located at 701 Abbott Drive, which is north of Lewis and Clark Landing. A 10,000-gallon diesel tank was removed from the site in 1992, and contaminated soil and groundwater were discovered (Nebraska State Fire Marshal 1992). NDEE issued a closure letter for the site in 2003 (NDEE 2003). The RA and IWM files were unavailable online. The site is considered a low risk to the Project because of the Missouri River separating the site from the Project. Heartland of America Park (former Gould Battery, Jobbers Canyon, etc.) (NDEE ID – 61541) Heartland of America Park is listed in the LST, RCR, and RA databases. The property is located at the junction of 6th and Harney Streets. The park was sited in an area of former industrial use. Site contamination resulted from the operation of a small smelter at the former Aaron Ferer & Sons Company (Aaron Ferer)/Gould Electronics, Inc. (Gould) battery recycling facility. The former Aaron Ferer/Gould facility ceased operation in the 1980s. NDEE and Douglas County agreed to a remediation plan for the Aaron Ferer/Gould property. The remediation area was approximately 5 acres, encompassing the Aaron Ferer/Gould operations. NDEE and Douglas County agreed to use soil stabilization as the remedy for the property. Soils containing greater than 20,000 milligrams per kilogram of lead were considered a lead ore and could be used as feedstock for a primary smelting facility. If not recycled at a smelter, soil that exhibited extraction-procedure toxicity characteristics for metals was stabilized. Soil that did not exhibit EPA toxicity characteristics for metals, but with lead concentrations between 1,000 and 10,000 milligrams per kilogram, required excavation, placement, and covering (Civil Engineering 1991). A total of 63,200 cubic yards of contaminated soil were managed through stabilization, recycling, or excavation and cover. Approximately 48,000 cubic yards were stabilized on site, and the remainder were sent to the smelter (Civil Engineering 1991). Investigations were completed within the footprint of the proposed South Interceptor Force Main – North Segment project for the City of Omaha Combined Sewer Overflow Control Program. Properties reviewed included Heartland of America Park, Lewis and Clark Landing, and railroad ROW. Investigations included installation of soil borings; construction of groundwater monitoring wells; potholing for utilities; rock coring; air, soil, and groundwater sampling; and chemical analysis of air, soil, and groundwater samples. Sample results were compared to Nebraska Title 117 (Nebraska Surface Water Quality Standards) and Nebraska Title 118 (Groundwater Quality Standards and Use Classification) criteria, NDEE Voluntary Cleanup Program Remediation Goals, and the EPA Regional

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 83 Omaha District Screening Levels. Soil results were compared to the NDEE Voluntary Cleanup Program and EPA Regional Screening Level values, and the groundwater results were compared to the Nebraska Title 117, Nebraska Title 118, and EPA tap water Regional Screening Levels. The Title 117 concentrations are listed in the General NPDES permit issued to the City of Omaha by NDEE (HDR 2013). The samples confirmed contamination of soil with petroleum and heavy metals, and groundwater contaminated with heavy metals, and diesel range and gasoline range organic compounds. The site is considered a low risk to the Project because of the Missouri River separating the site from Project. Lewis and Clark Landing (former ASARCO and Union Pacific Railroad Yard) (NDEE ID – 10517) Lewis and Clark Landing is listed in the RCR, TL3, AIR, PCS, RAP, RA, SF, LST, IWM, and BF databases. The property is located at 500 Douglas Street. The Lewis and Clark Landing site was formerly owned by ASARCO. In the early 1870s, ASARCO constructed a lead smelter/refining facility that refined lead bullion and lead dross. Environmental investigations conducted by ASARCO from 1995 to 1998 found that the soil in the area was historically contaminated, primarily by lead and other heavy metals (City of Omaha 2016). Beginning in 1996, ASARCO voluntarily conducted remedial action at the site pursuant to a Memorandum of Agreement and Remedial Action Work Plan approved by NDEE under the State of Nebraska’s Remedial Action Plan Monitoring Act. The site was remediated by removing structures from the property. Wood and metal components and some brick from the buildings were hauled off site for reuse, recycling, or disposal. Most of the remaining brick, concrete, and contaminated (excavated) soil was placed in a lined fill area on site. Clean soil was placed over the fill and then covered with a multilayered protective capping system comprising a geosynthetic clay liner and topsoil to prevent the lead and other heavy metals from migrating into the underlying soil (City of Omaha 2016). As part of the final remediation, an environmental covenant protects the property against uses that are unsuitable in light of the remediation (ASARCO 2002). This covenant requires coordination with and approval by NDEE prior to development, operations, or other uses (ASARCO 2002). As part of the demolition of the former ASARCO facility, two USTs (420- and 560-gallon gasoline tanks) were removed from the site on November 2 and 3, 1989 (James P. Walsh and Associates, Inc. 1989). Inspection of the tanks and soil sampling did not indicate a release of petroleum (James P. Walsh and Associates, Inc. 1989). A Closure Letter was provided by the NDEE (NDEE 1990). The site is considered low risk to the Project because of the Missouri River separating the site from the Project. Union Pacific Railroad Yard (former) (NDEE ID – 59005) The former UPRR Yard is listed in the AIR, TL3, LST, RAP, RCR, PCS, OWT, RA, and UIC databases. The property is located at the junction of North 9th and Webster Streets and includes a former railroad yard with associated shops. Facilities present in the former UPRR Yard are in Lewis and Clark Landing, CHI Health Center Omaha, Hilton Omaha, and TD Ameritrade Park Omaha.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 84 Omaha District UPRR entered into a Remedial Action Plan Monitoring Act Program agreement with NDEE in January 1996 (WCC 1996). The Remedial Action Plan Monitoring Act was completed to address voluntary environmental cleanup of the property by UPRR for the redevelopment of the 184-acre Omaha Shops property for commercial use (WCC 1996). The Omaha Shops were in operation for approximately 100 years. Their principal function was as a railroad fueling facility, repair shop, paint shop, and car body repair shop for UPRR’s locomotive and car fleet. During construction of the Abbott Drive overpass, diesel fuel was discovered in the groundwater near the south end of the Omaha Shops. A fuel recovery system was installed in 1988. A total of 13 recovery wells were installed at depths of 27 to 28 feet (Terracon 1988). In approximately 8 years, approximately 770 gallons of diesel fuel per month had been removed (USPCI/Laidlaw 1996). According to the Nebraska Department of Natural Resources website, a number of these extraction and monitoring wells were abandoned in May 2005 (Nebraska Department of Natural Resources 2019b). The extraction and monitoring wells were immediately north and adjacent to the former ASARCO facility, which is currently part of Lewis and Clark Landing. A summary of site environmental conditions was provided within the RAP for each of the media and sampling areas, and the summary identified groundwater contamination, organic chemicals in soils, metals in soil, and petroleum hydrocarbons in soils and groundwater (WCC 1996). No remediation activities are ongoing. Groundwater near the UPRR Yard flows toward the east/southeast, or toward Heartland of America Park and Lewis and Clark Landing. The site is considered a low risk to the Project because of the Missouri River separating the site from the Project. CHI Health Center (NDEE ID – 78965) The CHI Health Center is listed in the PCS, RA, and TL3 databases. The property is located at 455 North 10th Street. The files associated with the CHI Health Center are tied to the UPRR Yard site (NDEE ID – 59005). Contamination is described in the summary for the UPRR Yard site. The CHI Health Center is located on the central portion of the former UPRR Yard property. The site is considered a low risk to the Project because of the Missouri River separating the site from the Project. Omaha Lead Site (NDEE ID – 69981) The Omaha Lead Site is listed in the RCR, SF, IWM, and PCS databases. The site originated primarily from the former ASARCO plant near the intersection of I-480 and Abbott Drive. The general boundary of the site encompasses residential and nonresidential property. However, the site includes only residential and residential-type properties where the concentration of lead in the surface soil is determined to be 400 parts per million or greater. The lead in the soil is attributed to air pollutant emissions from smelters. Residential-type properties include parks, churches, schools, and other properties used extensively by children. Other commercial properties are specifically excluded from the definition of the site (EPA 2014). The boundaries of the site are variable but extend outside the Study Area to the north, west, and south. EPA’s response under the Comprehensive Environmental Response, Compensation, and Liability Act removal authority involved removal of contaminated soils at child daycare centers and residences (EPA 2014). Following completion of the Comprehensive Environmental Response, Compensation, and Liability Act removal response, EPA organized the remaining work into two operable units for continued cleanup.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 85 Omaha District The site is considered a low risk to the Project because of the Missouri River separating the site from the Project.

Alternative 1 – No-Action Under the No-Action Alternative, the proposed park and recreational improvements in River’s Edge North and River’s Edge South would not be constructed. Repairs would continue in Tom Hanafan Park, and restoration activities in the 17 acres identified in the REAP Grant would occur, but these activities would not affect existing HTRW conditions.

Alternative 2 – Proposed Action With the Proposed Action, construction activities would occur in River’s Edge North and River’s Edge South. The only HTRW site in Council Bluffs with a potential to affect construction activities is Westend Service, approximately 0.2 mile from the Project Area, but approximately 0.4 mile from Project construction activities. If hazardous wastes and/or substances are encountered during construction, the proper handling and disposal of these materials would be coordinated with Iowa DNR. Minor short-term HTRW impacts are anticipated because construction activities would not take place in areas of known contamination, and documented processes would be followed for proper handling of any contaminated soils and groundwater in compliance with various requirements to protect human health and the environment. In the long term, no effects involving HTRW are anticipated. Consequently, the Proposed Action is not anticipated to be injurious to the public interest and would not impair the usefulness of the L627 Levee and the R627 Levee. The long- term benefits of the Project would outweigh the short-term minor construction impacts.

Alternative 3 – Modified Proposed Action The HTRW impacts from the Modified Proposed Action would be the same as those from the Proposed Action. As the design process continues, further refinements are being made to minimize wetland and other WOUS impacts, but these changes would not result in different impacts on HTRW. As discussed under the Proposed Action, the recreational benefits of the Project would outweigh the short-term construction impacts on the HTRW environment, and the Project is not anticipated to be injurious to the public interest.

3.3.14 Cumulative Impacts

CEQ’s regulations (40 CFR 1500–1508) implementing the procedural provisions of NEPA, as amended (42 USC 4321 et seq.), define cumulative effects as “the impact on the environment which results from the incremental impact of the [proposed] action when added to other past, present, or reasonably foreseeable future actions regardless of what agency (federal or non- federal) or person undertakes such other actions (40 CFR 1508.7). Cumulative effects can result from individually minor but collectively significant actions taking place over a period of time.”

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 86 Omaha District For the cumulative impacts analysis, a cumulative impact study area was selected inclusive of the Project Area, as well as the Omaha Riverfront Project area. Because the Project Areas for the two projects are connected via the Bob Kerrey Pedestrian Bridge, and there are other projects that would enhance that connectivity, the cumulative impact areas were considered to be the same. The cumulative impact study area is roughly bounded by I-29 to the east in Council Bluffs and by Leavenworth Street to the south, Abbott Drive to the north, and 20th Street to the west, all in Omaha (see Figure 3.11). Urban (industrial, commercial, and residential) development and redevelopment have taken place in the cumulative impact study area in Council Bluffs and Omaha over the last 160 years. The riverfront area in Council Bluffs has experienced much flooding from the Missouri River and has been primarily a natural area. Industry and railroads were prevalent near the riverfront in Omaha, with commercial buildings mostly farther inland, supporting the industry and railroads. Federal flood protection systems in Council Bluffs and Omaha were constructed in this area in the early 1950s. Improvements in the cumulative impact study area since 2000 include the CBIS Improvement Program, development of Heartland of America Park and Lewis and Clark Landing from former industrial sites, establishment of the Omaha convention center and arena (currently named CHI Health Center), and TD Ameritrade Park Omaha. Table 3.13 lists recent past, current, and reasonably foreseeable future projects in the cumulative impact study area. Figure 3.11 shows the Project Area and the approximate locations of the identified projects. Additionally, some minor work has been completed and is planned for flood cleanup and repair in Tom Hanafan Park. The City is also planning to repair the splash pad west of River’s Edge Pavilion. Of the projects listed in Table 3.13, the Council Bluffs Dodge Riverside Golf Course Redevelopment, Lot B Master Plan, Omaha Streetcar, and New Transit Bridge connecting Council Bluffs and Omaha are currently in various stages of planning and do not have anticipated construction schedules at this time. For this reason, although they are listed in Table 3.13 as potential projects, they were not included in the cumulative impacts analysis because they are considered speculative due to the degree of uncertainty in their funding and potential impacts. Those projects are listed in italics to differentiate them from other projects that are more likely to occur in the near future.

Alternative 1 – No-Action Under the No-Action Alternative, the Proposed Action would not be constructed. The No-Action Alternative would not enhance the Council Bluffs Riverfront with a variety of active and passive recreational spaces, and create a regional recreational destination. Existing active and passive recreational spaces would remain. Repairs would continue in Tom Hanafan Park, and restoration activities in the 17 acres identified in the REAP Grant would occur, but these activities would not affect ongoing or planned projects. The current and planned projects discussed in Table 3.13 (other than the four speculative projects) could occur independently and modify the Project Area and adjacent areas.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 87 Omaha District Figure 3.13. Cumulative Impact Projects

1-i re Reference Pro ·ec- t LEGEND A North Oowntown Riverfront Pede,trie;t1 Connecror Bridge B 1~80 MD:souti Riv~ in Council Stu lh, Counci1 Slufb Cumulative Impact Study Area C I1 80 20th Street Missouri River Srid,Re Paint Council 13h.iffs and Om.;.ha D leavenwonh Streel - 7th to 11th St~ t Reconfiguration Omaha C:J Project Area Iowa Riverfront Trail ll i Council £lluffs Rivi:r front l r;ail - Phasi:., <,; ConAgn, nedevelopment- llines Orne.ha H Holland Ptrformin.g Arts CC11tcr Ex pansion 0maM Couoci.1 Bluffs lntcrstoltc 'System Improvement l'roFfam Scr.ment 4 Council Bluffs Omah• R• Kl Sus l rans.it Omaha Oin&ha Cott'lbined ~we-r Overflow Co11uo l Pl"O&fllin'I Rive, '5 Ed e ~~topment u;luncit 131urr~ Olpirol Oi

PROG RAMMATIC ENVIRONMENTAL ASSESSMENT DATA SOURCE: ESRl \,\lofld Imagery Basemap: aooess~d 12/912020 FIGURE 3.11 l'lll.TH Z:IPR0.Ci:l~_ OF _COUt.Cll,JlllEflill11HflTO_CS_J;i!VEMROKT_oa.1HEAT1otA\IAP_ ooc~,1,p_a:im_CUYU..A~WPACT9_J_11 1,1):0 COUNCIL BLUFFS RIVERFRONT DEVB.OPMENT - USE R ERl!la.:eot,I - DJltE 2.IZ1ll]H Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 88 Omaha District Table 3.13. Other Projects in the Cumulative Impact Study Area Figure 3.11 Project Location Description Reference Letter Construction is anticipated in 2021 for this new pedestrian bridge. The new bridge will connect the North Downtown Bob Kerrey Plaza at the Bob Kerrey Pedestrian Riverfront Pedestrian Omaha A Bridge to north downtown Omaha at the MECA Connector Bridge Drive sidewalk north of the CHI Health Center Omaha. This multiyear project (2019–2022) will overlay the I-480 Missouri River Council Bluffs bridge deck and clean the existing I-480 bridge over B in Council Bluffs the Missouri River. Construction is anticipated in March 2021 for this I-480 20th Street Council Bluffs project to repair the I-480 bridge superstructure. Missouri River Bridge C and Omaha Construction is expected to be completed by fall Paint 2022. With construction planned in 2023, this project will Leavenworth Street – convert the existing four-lane road to a three-lane 7th to 13th Street Omaha D road to reduce excess capacity and facilitate Reconfiguration multimodal operations. With construction anticipated in 2022, this project Iowa Riverfront Trail will construct a new 10-foot-wide concrete trail Council Bluffs E III connection along the riverfront between I-480 and I-80. With construction anticipated in 2021, this project will construct two new sections of 10-foot-wide Riverfront Trail – Omaha concrete trail: one on the west side of Abbott Drive F Phase 4 from Miller’s Landing to Kiwanis Park, and one in Levi Carter Park. Construction is underway for this redevelopment of the ConAgra Campus by Hines. A 375-unit ConAgra apartment complex, a 650-stall parking garage, and Redevelopment – Omaha 40,000 square feet of retail space are under G Hines construction. Future phases of this mixed-use development will include office space, retail space, a hotel, and new residences. In June 2019, Omaha Performing Arts purchased two Holland Performing corners of the block bounded by 11th and 12th Arts Center Omaha Streets and Dodge Street and Capitol Avenue from H Expansion the City of Omaha. Construction has started on a new live events venue. With construction anticipated between 2021 and 2024, this project includes geometric, safety, and capacity improvements to I-29 and I-480, including Council Bluffs the ramps of the I-29/I-480 interchange, the Interstate System I-480/41st Street interchange, the I-29/North 35th Council Bluffs I Improvement Program Street and I-29/Avenue G interchange pair, and the Segment 4 I-29/9th Avenue interchange. This project is one component of the larger Council Bluffs Interstate System Improvement Program (Iowa Department of Transportation 2016a, 2016b).

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 89 Omaha District Table 3.13. Other Projects in the Cumulative Impact Study Area Figure 3.11 Project Location Description Reference Letter Construction for the Omaha Rapid Bus Transit project occurred in 2019 and 2020, and service commenced in 2020, This project would implement Omaha Rapid Bus Omaha rapid bus transit east-west along Dodge Street with J Transit an eastern terminus of 8th Street and a western terminus of the Westroads Transit Center, including a park-and-ride lot. This ongoing project includes construction of a deep tunnel system from the Magellan Tank farm south to the Missouri River Water Resource Recovery Omaha Combined Facility (estimated 2025), abandonment of the old Sewer Overflow Omaha South Interceptor Force Main under the I-480 bridge K Control Program along the base of the floodwall, and then tying the force main into the earthen levee to the Missouri River Water Resource Recovery Facility (estimated 2022–2023). Construction of this residential and commercial development is ongoing, but many features have been completed, including an office building, the 250-unit Broadmoor apartment complex, a mixed-use River’s Edge Council Bluffs building, and townhomes. Condominiums in to-be- L Development constructed buildings are currently being sold (Brownlee 2019). A second office building and a high-rise apartment building are planned in a future phase. Construction of the Capitol District, a mixed-use development, has been recently completed. The Capitol District Omaha Capitol District includes an outdoor entertainment M Development district, a hotel, 218 apartment units, a parking garage, and retail space. This project, which is in the early planning stages, 13th and Douglas would redevelop the block bounded by 13th, 14th, Omaha N Redevelopment Douglas, and Farnam Streets to a mixed-use development. RDG moved into the former Chamber of Commerce Building in October 2019 and is working with RDG Redevelopment Omaha Colliers International on the redevelopment of the O property between Howard and Harney Streets along 13th Street (Gonzalez 2019). This program is currently under construction and includes structural repairs to seepage/stability berms; relief wells; pervious toe trenches; rock toe protection; cutoff wall for seepage and slope Council Bluffs stability; structural repairs and replacement of outfall USACE Levee Council Bluffs P pipes and floodwalls; and increases to top-of-levee Program elevations, upstream storage, and bypass channels to improve the level of flood risk reduction for the Council Bluffs levee system (Council Bluffs Public Works 2019). Omaha USACE This project includes the rehabilitation of the Omaha Omaha Q Levee Rehabilitation levee to address the impacts of flooding in 2019.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 90 Omaha District Table 3.13. Other Projects in the Cumulative Impact Study Area Figure 3.11 Project Location Description Reference Letter A project to renovate buildings north of Cuming Street between 10th and 13th Streets has started with Millwork Commons Omaha R conversion of an old building into an apartment complex. The Landmark Building on the south side of Farnam Marriott Hotel at Omaha Street between 11th and 13th Streets is being S Landmark Center renovated to host a Marriott Hotel. This scope of this potential project depends in part Council Bluffs Dodge on the development of the proposed new transit Riverside Golf Course Council Bluffs bridge connecting Council Bluffs and Omaha. If a T Redevelopment new transit bridge is built, the golf course could be redeveloped as a mixed-use development. Although a construction time frame has not been set, the Lot B master plan calls for the redevelopment of the parking lot between 10th, 12th, Mike Fahey, and Lot B Master Plan Omaha Cass Streets to be redeveloped into a mixed-use U development. The development could include restaurants, stores, apartments, open spaces, and possibly a hotel (Nohr 2018). Still in the planning stages, this project would Omaha Streetcar Omaha provide streetcar service from 42nd and Farnam V Streets to 8th and Douglas Streets. This potential project would create a new transit New Transit Bridge bridge between Council Bluffs and Omaha, Council Bluffs connecting Council potentially from the current location of Dodge W and Omaha Bluffs and Omaha Riverside Golf Course in Council Bluffs to the eastern terminus of the rapid bus transit in Omaha. Sources: Omaha-Council Bluffs Metropolitan Area Planning Agency 2018, 2019, 2020; Iowa Department of Transportation 2017.

Alternative 2 – Proposed Action With implementation of the Proposed Action, improvements would be made to River’s Edge North and River’s Edge South to enhance recreational development and to improve public access between these spaces. The Proposed Action and all of the projects identified in Table 3.13 are subject to federal, state, and local permitting requirements that include BMPs and mitigation to offset impacts. The Proposed Action would not contribute to cumulative adverse impacts on terrestrial resources (including wildlife), aquatic habitat, threatened and endangered species, wetlands and other WOUS, water quality, and cultural resources because much of the Project Area and adjacent land has already been modified by development. The improvements would enhance existing natural areas, and impacts would be mitigated through meeting permitting requirements and other environmental commitments. Commercial navigation would not incur cumulative adverse impacts because the Proposed Action would involve construction of permanent structures outside the navigation channel of the Missouri River.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 91 Omaha District The Proposed Action would not contribute to cumulative adverse impacts on flood risk management (including floodways, floodplains, levees, and floodwalls) through coordination with USACE to account for potential impacts to flood protection systems. The Proposed Action includes construction of structures on both sides of existing flood control systems and in the Missouri River floodway. Because all improvements that would impact the floodway, floodplain, floodwalls, and levees would be coordinated through USACE to ensure that these activities would not be injurious to the public interest and would not impair the usefulness of the USACE civil works projects, and because and future projects would maintain the integrity of the existing flood protection systems to address current deficiencies, the cumulative effect on these systems has not been, and would not be, adverse. The Proposed Action would not contribute to cumulative impacts on or from HTRW because documented handling processes would be followed during construction of the Project. The Proposed Action would contribute beneficially to cumulative impacts on aesthetics, socioeconomics, land use, environmental justice populations, and recreational resources by improving recreational resources and the connectivity of those resources. Although there would be short-term, minor, adverse impacts on recreational resources during construction, in the long term, the Proposed Action would result in minor, beneficial cumulative impacts on recreational resources. Residents of Council Bluffs and eastern Omaha, including minority and low-income populations, would benefit from planned and proposed developments in the cumulative impact area through additional employment opportunities and from an increase in the tax base for Council Bluffs and Pottawattamie County. The Proposed Action would not cause adverse cumulative impacts in the riverfront area and therefore is not anticipated to be injurious to the public interest and would not impair the usefulness of the L627 Levee and the R627 Levee. The long-term benefits of the Project would outweigh the short-term minor construction impacts.

Alternative 3 – Modified Proposed Action The cumulative impacts from the Modified Proposed Action would be the same as those from the Proposed Action. As the design process continues, further refinements are being made to minimize wetland and other WOUS impacts, but these changes would not result in different cumulative impacts. As discussed under the Proposed Action, there would be no anticipated adverse cumulative impacts. The recreational benefits of the Project would outweigh the short- term construction impacts, and the Project is not anticipated to be injurious to the public interest.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 92 Omaha District 4.0 COORDINATION

This PEA was prepared in coordination with applicable federal, state, regional, and local resource agencies. Scoping was initiated in May 2019 for the combined Omaha and Council Bluffs Riverfront Revitalization Project. Subsequently, the NEPA process for the Omaha Riverfront Project moved forward separately from the Council Bluffs Riverfront Project. Scoping was initiated in September 2020 for the Council Bluffs Riverfront Project. For both scoping processes, agencies were sent an early coordination package that included information on the Proposed Action and requested input from the recipients. Additional coordination is being conducted with agencies being notified of the availability of the PEA for comment. The following agencies have been included in the NEPA process for the Project: • Federal Aviation Administration • Federal Emergency Management Agency • Federal Highway Administration, Iowa Division • Federal Railroad Administration • Federal Transit Administration, Region VII • National Park Service, Midwest Region • US Coast Guard • US Department of Agriculture, Natural Resources Conservation Service, Iowa • US Department of Housing and Urban Development • US Department of Interior, Office of Environmental Policy and Compliance • US Environmental Protection Agency, Region VII • US Fish and Wildlife Service, Illinois and Iowa Ecological Services Field Office • US Fish and Wildlife Service, Missouri Ecological Services Field Office • Iowa Department of Agriculture and Land Stewardship • Iowa Department of Natural Resources • Iowa Department of Transportation • Iowa State Historic Preservation Office • Pottawattamie County, Iowa

o County Conservation Board o Planning and Zoning Commission o Pottawattamie County Engineer o Soil and Water Conservation District

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 93 Omaha District • City of Council Bluffs, Iowa

o Community Development Department o Parks and Recreation Department o Public Works Department USACE provided notification of the Project to Native American Tribes with a historic presence in the Project Area. Tribal input was considered in the NEPA process. Table 4.1 summarizes the agency and tribal coordination effort and responses received.

Table 4.1. Agency Scoping Comments Agency/Tribe and Summary of Agency/Tribal Date Draft Response Person Comment To initiate consultation on your project, Iowa SHPO will need a Thank you for your input in regard Iowa State Historic Request for SHPO Comment on a to this proposed Project. USACE Preservation Office May 20, 2019 Project to be completed and coordinated separately with Iowa (SHPO), Heather submitted in hard copy to our SHPO through the Section 106 Gibb office, along with necessary process. supporting documentation. To initiate consultation on your project, we will need a Request for SHPO Comment on a Project to be completed and submitted in hard Thank you for your input in regard Iowa State Historic copy to our office, along with to this proposed Project. USACE September 8, Preservation Office necessary supporting coordinated separately with Iowa 2020 (SHPO), Heather documentation. Given the current SHPO through the Section 106 Gibb working environment, if you need process. access to an e-submission alternative, please request access to our temporary e-submission form. Two Resource Enhancement and Protection (REAP) Grants awarded to the City of Council Bluffs (City) have the potential to be affected by Thank you for your input in regard the improvements: a grant for the to this proposed Project. The Iowa Department of development of 5 miles of the Iowa REAP Grant applications were Natural Resources Riverfront Trail and a 2018 REAP received from Iowa DNR and (Iowa DNR), May 21, 2019 Grant for the restoration of reviewed. The Project is consistent Section 6(f) Funds 17 acres of woodland in River’s with the terms of the trail grant. Coordinator, Edge Park. If either of these The City has coordinated with Kathleen Moench projects are changed, removed, or Iowa DNR regarding an extension destroyed, the City would need to of the restoration grant. contact Iowa DNR for approval and direction on how to proceed with the change. FRA will offer support in a “non- Federal Railroad regulatory – advisory fashion.” Administration Thank you for your input in regard May 21, 2019 Chief Inspector Matt Flynn is our (FRA), Steven to this proposed Project. local manager and will share the Fender name of a point person to support.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 94 Omaha District Table 4.1. Agency Scoping Comments Agency/Tribe and Summary of Agency/Tribal Date Draft Response Person Comment The FRA Office of Safety has reorganized. If you have issues related to rail/public safety impacts Thank you for your response; the on or related to Union Pacific and Project Area does not include, and September 4, FRA, Steve Fender Kansas City Southern Railroads, is not close to, rail lines, so there 2020 we may review and assist. We do are not rail safety issues for not routinely comment on these review. projects without rail/public safety impacts. Iowa DNR suggested using Facility Explorer to determine the Thank you for your input in regard Iowa DNR, status of sites and recommended to this proposed Project. The Environmental accessing the Air Quality, referenced websites were accessed May 22, 2019 Protection Division, Contaminated Sites, Underground for background information on Contaminated Sites, Storage Tanks, and County existing conditions in and near the Jessica Montana Sanitarian Information websites for Project Area. additional information. The Project may require formal Thank you for your input in regard notice and review for airspace to this proposed Project. The considerations under 14 CFR 77, Notice Criteria Tool was used to Safe, Efficient Use, and Federal Aviation determine if FAA filing is Preservation of the Navigable May 22, 2019 Administration required. The height of existing Airspace. FAA suggested using the (FAA), Scott Tener structures near the Project Area Notice Criteria Tool to determine provides shielding effects, so it is if filing with FAA is required for anticipated that filing FAA Form proposed structures and 7460-1 would not be required. construction equipment. The project may require formal notice and review for airspace considerations under 14 CFR Part Thank you for your input in regard 77, Safe, Efficient Use, and to this proposed Project. The Preservation of the Navigable Notice Criteria Tool was used to Airspace. To determine if you need determine if FAA filing is September 4, to file with FAA, use the Notice FAA, Scott Tener required. The height of existing 2020 Criteria Tool. structures near the Project Area

provides shielding effects, so it is If filing with FAA is required, we anticipated that filing FAA Form recommend a 120-day notification 7460-1 would not be required. to accommodate the review process and issue our determination letter. Iowa DNR has logged the agency request letter as Environmental Review Sovereign Lands: 17047 Thank you for your input in regard Iowa DNR, (tracking number). Use this to this proposed Project. A Conservation and May 22, 2019 tracking number on all future Sovereign Lands permit would be Recreation Division, correspondence. When review has required and would involve further Seth Moore been completed, a letter or email coordination with Iowa DNR. concerning the Sovereign Lands determination will be issued.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 95 Omaha District Table 4.1. Agency Scoping Comments Agency/Tribe and Summary of Agency/Tribal Date Draft Response Person Comment Thank you for your input in regard to this proposed Project. The IPaC USFWS suggested using the US Fish and website was used to generate a list Information for Planning and Wildlife Service of federally listed threatened and Consultation (IPaC) website, (USFWS) Illinois endangered species that could be in contacting Iowa DNR about state- May 22, 2019 and Iowa Ecological or near the Project Area, and was listed species, and reviewing Services Field used for effect determinations. potential impacts on bald and Office, Heidi Coordination occurred with Iowa golden eagles and wetlands (with Woeber DNR, and potential impacts on reference to USACE coordination). eagles and wetlands were considered in the NEPA process. On September 17, 2020, USFWS completed a species list for the Thank you for your input in regard Project’s estimated action area to this proposed Project. The using the Information for Planning species identified have been and Conservation (IPaC) tool. The USFWS addressed in the EA, with proposed species list includes northern long- Missouri Ecological effect determinations, and September 30, eared bat, least tern, piping plover, Services Field proposed conservation measures 2020 pallid sturgeon, prairie bush- Office, Valerie and best management practices to clover, and western prairie fringed Hentges avoid and minimize potential orchid. USFWS provided best impacts on threatened and management practices for avoiding endangered species and their and minimizing impacts on the habitats. threatened and endangered species and their habitats. National Park NPS will send this around for a Thank you for your input in regard May 21, 2019 Service (NPS), regional review and will route to this proposed Project. Tokey Boswell comments directly to USACE. September 14, NPS, Christine The National Park Service has no Thank you for your response. 2020 Gabriel comments regarding this project. Thank you for your input in regard to this proposed Project. The presence of wetlands and other Iowa DNR provided agency WOUS, and the potential for guidance regarding avoiding, impacts, was considered in project minimizing, and mitigating planning, with avoidance and impacts for waters of the US minimization considered before (WOUS), including jurisdictional mitigation. Section 404 permits Iowa DNR, wetlands. In addition to sending a would likely be required for Environmental Section 404 application to activities in Iowa. Floodplain May 30, 2019 Services Division, USACE, please send the form and impacts and sovereign land Christine Schwake attachments to Iowa DNR for the impacts were evaluated, and the floodplain and sovereign lands need for permits was identified; permitting sections. Use best further coordination would be management practices (BMPs) to performed with Iowa DNR control erosion and protect water regarding permit development. quality near the project. BMPs would be used to control erosion and protect water quality during, and subsequent to, construction.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 96 Omaha District Table 4.1. Agency Scoping Comments Agency/Tribe and Summary of Agency/Tribal Date Draft Response Person Comment Thank you for your input in regard EPA recommended that the Project to this proposed Project. The avoid and minimize impacts on presence of wetlands and WOUS, wetlands and streams as much as and the potential for impacts, was possible before determining the considered in project planning, amount of compensatory with avoidance and minimization mitigation that is required. considered before mitigation. If Information generated through a mitigation is required, conducting Section 404 public interest review mitigation in the same watershed process should be considered in the US Environmental would be accomplished if possible. final decision. If mitigation is Protection Agency The PEA addressed whether it is June 11, 2019 needed, EPA recommended that it (EPA), Joe likely that an Individual Permit (or occur in the same watershed as the Summerlin permits) or a Nationwide Permit Project impacts. If impacts exceed (or permits) would be needed. If an the threshold for a Nationwide Individual Permit (or permits) Permit, coordinate with EPA would be needed, further Region 7. The Programmatic coordination would occur with Enivornmental Assessment (PEA) EPA Region 7. The PEA has should include a discussion on any discussion on alternatives and alternatives that may have been activities that were considered and evaluated but dismissed during the dismissed, and the reasons for decision-making process. dismissal. The NPS Planning and National Park Compliance Office is excited about Thank you for your input in regard June 26, 2019 Service (NPS), the project and has no formal to this proposed Project. Tokey Boswell comments. Federal Railroad Please contact FRA if you need Thank you for your input in regard June 27, 2019 Administration further guidance. to this proposed Project. (FRA), Matt Flynn Natural Resources NRCS has no concerns that would Conservation involve NRCS at the field office Service (NRCS), level and noted that it looks like a Thank you for your input in regard June 3, 2019 Oakland & Harlan good project. NRCS requested to this proposed Project. Field Offices, continued coordination with its Joshua Sierens office as the Project progresses.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 97 Omaha District Table 4.1. Agency Scoping Comments Agency/Tribe and Summary of Agency/Tribal Date Draft Response Person Comment Iowa DNR has records of several state-listed endangered species that may be impacted by this Project depending on the nature of the renovations in the area. This includes the pallid sturgeon (Scaphirhynchus albus), the least tern (Sterna antillarum), and the piping plover (Charadrius melodus). These species are also federally protected.

The northern long-eared bat Thank you for your input in regard (Myotis septentrionalis), a to this proposed Project. The PEA Iowa DNR, federally listed threatened species, addresses potential impacts on Sovereign Lands/ has the potential to inhabit this area pallid sturgeon, interior least tern, Environmental July 17, 2019 of the state and may occur in the piping plover, and northern long- Review area of this project. eared bat. A Sovereign Lands Coordinator, Seth permit would be needed, and future Moore Iowa DNR provided guidelines coordination with Iowa DNR with information about the habitat would occur regarding this permit. requirements and survey methods for Indiana bat summer habitat. These guidelines may also be used for the northern long-eared bat.

Iowa DNR asked that the following Iowa DNR Environmental Review/Sovereign Land Program tracking number be referenced in all future correspondence related to this project: 17047. NPDES General Permit No. 2, Storm Water Discharge Associated with Construction Activities, will apply to the Project. Forms are available online.

Iowa DNR Floodplain and Iowa DNR Conservation/ Recreation personnel can provide Thank you for your input in regard September 3, Iowa DNR, Holly input on floodplain permitting to this proposed Project and for 2020 Vandemark requirements, sensitive areas, forwarding the Project information. wildlife issues, and other concerns.

The City of Council Bluffs Public Works Department can provide guidance on appropriate storm water/grading/etc. permits and domestic water resources/noxious weeds ordinances.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 98 Omaha District Table 4.1. Agency Scoping Comments Agency/Tribe and Summary of Agency/Tribal Date Draft Response Person Comment Department of Interior, Office of This information will be forwarded Thank you for your response and September 3, Environmental to our bureaus for review. distribution of the Project 2020 Policy and Comments would likely be information. Compliance, provided directly from the bureaus. Courtney Hoover Federal Highway This information has been Thank you for your response and September 2, Administration, forwarded the current Division distribution of the Project 2020 Iowa, Karen Bobo Administrator and other staff. information. The proposed project will not Thank you for your input. We will adversely affect the cultural Pawnee Nation of notify and consult with the Pawnee landscape of the Pawnee Nation. June 24, 2019 Oklahoma, Matt Nation of Oklahoma if If undiscovered properties are Reed undiscovered properties are encountered, they must be encountered. immediately reported to us. The Iowa Tribe of Kansas and Iowa Tribe of Nebraska would like to be a Thank you for your input. USACE Kansas and July 10, 2019 consulting party. We have historic will include you as a consulting Nebraska, Lance sites on both sides of the Missouri party for this Project. Foster River in that area.

As discussed in Chapter 1.0, there was an intensive public involvement program for the Project, with four public meetings, as well as a planned public meeting on this PEA. No specific public concerns were formally submitted regarding levee impacts associated with the transportation improvements. Coordination with USFWS occurred through use of the IPaC program to complete informal Section 7 consultation. The PEA would be placed on the USACE website and available for access via a link in a published notice of availability.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 99 Omaha District 5.0 MITIGATION

The appropriate application of mitigation, as defined by CEQ regulations, is to formulate an alternative that first avoids adverse impacts, then minimizes adverse impacts, and lastly compensates for unavoidable impacts.

For the Project, the following mitigation measures, including acquisition of permits and being in compliance with permit requirements, would be implemented:

• NPDES General Permits for Discharges from Construction Activities, with SWPPPs, would be required for disturbing an acre or more of ground. These permits would be applied for by selected contractors for Project work. The SWPPP would contain BMPs (such as steps to contain spillage of hazardous materials, revegetation after disturbance, and post-erosion control) to protect surface waters. • A restoration plan would be developed in coordination with USACE to address restoration of temporarily affected wetlands. Temporary wetland impacts would be addressed through planting of scrub-shrub vegetation and reseeding with appropriate wetland seed mixes for the types of wetlands traversed. • Clean Water Act Section 404 permits (potentially NWPs) with Section 401 Water Quality Certification would be required. The City would apply for the permits/certifications, and the selected contractors would abide by permit/certification requirements. Any required mitigation would occur in watersheds where impacts occur through acquisition of credits in wetland mitigation banks. • A Rivers and Harbors Act Section 10 permit would be required for work within or over, and construction of piers in, the Missouri River. • A Sovereign Lands permit would be obtained from Iowa DNR for impacts on Iowa waters and land owned by Iowa DNR. • Floodplain Development Permits would be required for placing fill in a floodway or floodplain. The City would apply for Floodplain Development Permits. The selected contractors would abide by the permit requirements, including mitigation commitments for minimizing floodway and floodplain impacts. • A bald eagle survey of the full Project Area would be completed annually to identify if active bald eagle nests are within a 0.25-mile radius of the proposed Project Area. During the primary nesting season (February 1 through August 31), a 660 feet (200 meter) buffer would be maintained between identified nests and construction activities to avoid disturbance of eagles or their nests. Any clearing or grubbing, or construction activities within 660 feet of the nest would occur outside of the primary nesting season. • To protect pallid sturgeon, no disturbance would occur in the Missouri River channel from March 1 through June 30, including no discharge of spoil, or vibratory or impact pile driving. All work adjacent to channel banks must be designed to avoid or minimize sedimentation and prevent material from entering the channel.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 100 Omaha District • Tree removal would be completed outside the active nesting season of bald eagles and migratory birds (February 1 through September 30) to the extent practicable. If construction timing necessitates tree removal between February 1 and May 31, a nesting survey would be conducted for bald eagles and migratory birds. If an active nest is found, tree clearing would not occur near the active nest until after the young have fledged the nest. No tree clearing would occur during the northern long-eared bat pup season (June 1 through July 31). Regardless of tree clearing timing, bald eagle surveys would be conducted annually. • The City would notify the public of the temporary closure of the Iowa Riverfront Trail when utilities would be constructed over the trail in the area of Avenue D. Trail signage regarding the closure would be posted, and notice of closure and reopening would be stated on the City Recreation Trails website. Prior to project construction, the City would coordinate with Iowa DNR and provide the current schematic of the trail system in the area of the project and the planned schematic of the trail system modification to account for a utility crossing. If trail pavement in the Project Area is damaged during construction, it would be restored to pre-project or better condition.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 101 Omaha District 6.0 COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULATIONS

Environmental compliance for the Proposed Action would be achieved upon confirmation that the Proposed Action would not adversely affect any threatened or endangered species or habitat; receipt of Clean Water Act permits with Water Quality Certificates; receipt of Section 10 permit(s); receipt of an Iowa Sovereign Lands permit; receipt of NPDES General Permits for Discharges from Construction Activities; and receipt of a City Floodplain Development Permit. The decision on a Department of the Army permit application (pursuant to Section 404) cannot and would not be rendered prior to the decision on the Section 408 requests. To fulfill the requirements of EC 1165-2-220, the City would obtain the appropriate Section 404 permits prior to construction. No effect on historic properties is anticipated to occur, either directly or indirectly, by this action. Consultation is ongoing with SHPO, which will review and respond to this recommended effect determination. The following federal laws and policies are applicable to this Project, and Appendix A provides specific information on some of the key laws and policies: • Archeological Resources Protection Act (16 USC 470 et seq.) • Bald and Golden Eagle Protection Act (16 USC 668 et seq.) • Clean Air Act (42 USC 7401 et seq.) • Clean Water Act (Federal Water Pollution Control Act; 33 USC 1251 et seq.) • Endangered Species Act (16 USC 1531 et seq.) • Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (EO 12898) • Fish and Wildlife Coordination Act (16 USC 661 et seq.) • Floodplain Management (EO 11988) • Implementation of Executive Order 11988 on Flood Plain Management (ER 1165-2-26) • Invasive Species (EO 13122) • Land and Water Conservation Fund Act (54 USC 200301–200310) • Migratory Bird Treaty Act (16 USC 703–712) • National Environmental Policy Act (42 USC 4321 et seq.) • National Historic Preservation Act (54 USC 300101 et seq.) • Protection and Enhancement of the Cultural Environment (EO 11593) • Protection of Wetlands (EO 11990) • Resource Conservation and Recovery Act (42 USC 6901 et seq.) • Responsibilities of Federal Agencies to Protect Migratory Birds (EO 13186)

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 102 Omaha District • Rivers and Harbors Act (33 USC 403 et seq.) • Watershed Protection and Flood Prevention Act (16 USC 1001 et seq.)

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 103 Omaha District 7.0 CONCLUSION

With implementation of the No-Action Alternative, the proposed recreational improvements in River’s Edge North and River’s Edge South would not be constructed. Maintenance activities would continue in Tom Hanafan Park. The riverward undeveloped areas north and south of Tom Hanafan Park would remain unimproved. Repairs would continue in Tom Hanafan Park, and restoration activities in the 17 acres identified in the REAP Grant would occur. The No-Action Alternative is not anticipated to be injurious to the public interest and would not impair the usefulness of the L627 Levee and R627 Levee. The Proposed Action consists of improvements to River’s Edge North and River’s Edge South. Tom Hanafan Park would remain open, but would have occasional restrictions in specific areas of the park when the emergency access road and temporary construction access roads are constructed connecting to existing Tom Hanafan Park pavement. The Proposed Action is not anticipated to be injurious to the public interest because direct and cumulative adverse impacts on environmental resources would be minor and the Project would benefit the public by providing more recreational opportunities for a wider variety of activities within River’s Edge North and River’s Edge South. The public interest would also be benefited directly by improving access to recreational resources in Council Bluffs. The park and recreation improvements would be consistent with proposed land use and would improve socioeconomic conditions in Council Bluffs. The Proposed Action would involve slight modifications to the flood protection systems in Council Bluffs, but would not impair the usefulness of the L627 Levee and R627 Levee. The modifications would be designed in coordination with USACE and would be constructed to not degrade or impair flood protection in Council Bluffs and Omaha. The impacts from the Modified Proposed Action would be the same as those from the Proposed Action for most resources, but less for various natural resources. For example, there would be fewer impacts on wetlands and other WOUS, which would also result in lesser impacts on aquatic and terrestrial habitat, and threatened and endangered species habitat. The Modified Proposed Action is the preferred alternative for the Project.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 104 Omaha District 8.0 PREPARED BY

This action is being completed in accordance with CEQ regulations in 40 CFR 1506.5(a) and 1506.5(b), which allow an applicant to prepare an Environmental Assessment for federal actions. USACE has independently evaluated and verified the information and analysis undertaken in this PEA and takes full responsibility for the scope and content contained herein. The PEA and the associated draft FONSI were prepared by Carmen Modrcin, Emily Schmit, Meagan Schnoor, Todd Wilson, Randy McCart, Quinn Damgaard, Kim Gust, and Brian Goss of HDR for USACE. Quality control review was completed by Kelly Farrell of HDR.

______Signature – Reviewed by Date Aaron Quinn Environmental Resources Specialist

______Signature – Accepted by Date Rebecca Podkowa Chief, Environmental Resources and Missouri River Recovery Program Plan Formulation Section

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 105 Omaha District 9.0 LITERATURE CITED

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Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 106 Omaha District Duffy, Erin. 2019. Who wants a buyout? Bluffs, Pottawattamie County residents living in flood zones can apply. Omaha World-Herald. October 30. https://omaha.com/news/local/who- wants-a-buyout-bluffs-pottawattamie-county-residents-living-in-flood-zones-can- apply/article_0b13885b-0520-558b-ae92-dfd50e819d31.html. Economic Innovation Group. n.d. Opportunity Zones. Accessed September 28, 2020. https://eig.org/opportunityzones. EPA. 2001. Ecoregion Download Files by State – Region 7. Accessed July 9, 2019. https://www.epa.gov/eco-research/ecoregion-download-files-state-region-7. EPA. 2014. Five Year Review Report for Omaha Lead Superfund Site, Douglas County, Nebraska. September 4. Federal Highway Administration and Iowa Department of Transportation. 2017a. Environmental Assessment and Section 4(f) De Minimis Finding, Council Bluffs Interstate Systems Improvements Project. Tier 2, Segment 4. July 17. https://iowadot.gov/ole/nepaprojects/projects/councilbluffsseg4/20170717_020_CBIS_Se gment4_EA.PDF. Federal Highway Administration and Iowa Department of Transportation. 2017b. Finding of No Significant Impact and Section 4(f) De Minimis Finding, Council Bluffs Interstate Systems Improvements Project. Tier 2, Segment 4. October 19. https://iowadot.gov/ole/nepaprojects/projects/councilbluffsseg4/20171019_021_FONSI- CBIS_Segment4.pdf. Gonzalez, Cindy. 2019. Omaha-based design company moving into former Chamber of Commerce building; ‘our heart is here in downtown.’ Omaha World-Herald. March 8. https://www.omaha.com/money/omaha-based-design-company-moving-into-former- chamber-of-commerce/article_bc8ab23c-9e1a-510e-843e-68ba97c3c028.html. HDR. 2013. Environmental Investigation, Heartland of America Park/Lewis & Clark Landing Investigation Report, Omaha, NE. July. HDR. 2018a. Riverfront Revitalization Project. Wetland Delineation Report, Downtown Riverfront Trust, Douglas County, NE, Pottawattamie County, IA, June 2018. HDR. 2018b. Wetland Delineation Addendum, Downtown Riverfront Trust – Riverfront Revitalization Project, October 22, 2018. HDR. 2018c. Tree survey CAD files, GIS shapefiles, and spreadsheets. June through August 2018. HDR. 2019. Threatened and Endangered Species Habitat Survey and Bald Eagle Nest Survey, Omaha Riverfront Project and Council Bluffs Riverfront Project, November 25, 2019. HDR. 2020a. Riverfront Development. Wetland Delineation Report, Iowa West Foundation, Pottawattamie County, IA, July 2020. HDR. 2020b. Tree survey CAD file, GIS shapefiles, and spreadsheets. July through November 2020. HDR. 2020c. Threatened and Endangered Species Habitat Survey and Bald Eagle Nest Survey, Omaha Riverfront Project and Council Bluffs Riverfront Project, September 14, 2020.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 107 Omaha District HDR. 2020d. Phase I Cultural Resources Assessment, Council Bluffs Riverfront Project, City of Council Bluffs, Pottawattamie County, Iowa, November 10, 2020. Hilty, John. 2017. Grass-leaved Ladies’ Tresses (Spiranthes vernalis). Illinois Wildflowers. Accessed July 8, 2019. http://www.illinoiswildflowers.info/prairie/plantx/gr_ladytress.html. IGS. 1965a. Iowa GeoSam. Well log for W500. Accessed August 4, 2020. https://www.iihr.uiowa.edu/igs/geosam/uploads/2015/10/drillerlog_w500.pdf. IGS. 1965b. Iowa GeoSam. Well log for W501. Accessed August 4, 2020. https://www.iihr.uiowa.edu/igs/geosam/uploads/2015/10/drillerlog_w501.pdf. IGS. 2019. Iowa GeoSam. Accessed July 19, 2019. https://www.iihr.uiowa.edu/igs/geosam/map. IGS. 2020. GeoSam – Iowa Geological Survey. Accessed September 20, 2020. https://www.iihr.uiowa.edu/igs/geosam/home. Iowa Department of Management. 2020. County Assessed & TIF Valuations by Class AY2019/FY2021. July 10. https://dom.iowa.gov/document/county-assessed-tif-valuations- class-ay2019fy2021. Iowa Department of Transportation. 2016a. Program History. http://www.councilbluffsinterstate.iowadot.gov/history/. Iowa Department of Transportation. 2016b. West Broadway Interchange. http://www.councilbluffsinterstate.iowadot.gov/projects/west-broadway-interchange/. Iowa Department of Transportation. 2017. 2018-2021 Statewide Transportation Improvement Program. Approved on September 25. https://iowadot.gov/program_management/stip/2018-2021_STIP_final.pdf. Iowa DNR. 2009a. List of Meandered Sovereign Rivers. March 25. Accessed July 8, 2019. https://www.iowadnr.gov/portals/idnr/uploads/SovereignLands/sov_rivers.pdf. Iowa DNR. 2009b. Least Shrew (Cryptotis parva). Developed by the Iowa DNR through the Landowner Incentive Program in partnership with the USFWS. June 23. Accessed July 8, 2019. http://publications.iowa.gov/13227/1/leastshrew.pdf. Iowa DNR. 2014. State Implementation Plan: Lead Non-Attainment, Council Bluffs, Iowa. Draft for Public Comment. November 20. https://www.iowadnr.gov/Portals/idnr/uploads/air/insidednr/stakeholder/leadnaa_sip_pcom ment.pdf. Iowa DNR. 2018. Grant #18-R4-FA. River’s Edge Park Riparian Woodland. Received via email from Kathleen Moench, Iowa DNR Budget and Grants Bureau. August 1. Iowa DNR. 2019a. 2018 Impaired Waters Map. Accessed August 4, 2020. https://programs.iowadnr.gov/adbnet/Assessments/Summary/2018/Impaired/Map. Iowa DNR. 2019b. Missouri River IA 06-WEM-1708. July 30. Accessed August 4, 2020. https:// https://programs.iowadnr.gov/adbnet/Segments/1708/Assessment/2018. Iowa DNR. 2019c. AFO Siting. Accessed July 8, 2019. https://programs.iowadnr.gov/maps/afo/.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 108 Omaha District Iowa DNR. 2019d. Ecoregion 47d: Missouri Alluvial Plain. BioNet. Accessed July 9, 2019. https://programs.iowadnr.gov/bionet/Docs/Ecoregions/47d. Iowa DNR. 2019e. Wildlife Management Areas. Accessed July 8, 2019. https://www.iowadnr.gov/Hunting/Places-to-Hunt-Shoot/Wildlife-Management- Areas#13254116-o---s. Iowa DNR. 2019f. Barn Owl. Accessed July 8, 2019. https://www.iowadnr.gov/Conservation/Wildlife-Landowner-Assistance/Technical- Assistance/Barn-Owl. Iowa DNR. 2019g. Great Plains Skink (Eumeces obsoletus). Accessed July 8, 2019. http://publications.iowa.gov/13197/1/greatplainsskink.pdf. Iowa DNR. 2019h. Least Shrew (Cryptotis parva). Accessed July 8, 2019. http://publications.iowa.gov/13227/1/leastshrew.pdf. Iowa DNR. 2019i. Ornate Box Turtle (Terrapene ornate). Accessed July 8, 2019. http://publications.iowa.gov/13238/1/oboxturtle.pdf. Iowa DNR. 2019j. Plains Pocket Mouse (Perognathus flavescens). Accessed July 8, 2019. http://publications.iowa.gov/13400/1/ppocketmouse.pdf. Iowa DNR. 2019k. Western Worm Snake (Caphophis amoenus vermis). Accessed July 8, 2019. http://publications.iowa.gov/13435/1/wwsnake.pdf. Iowa DNR. 2019l. Query Interactive Mapping. Natural Areas Inventory. Accessed July 8, 2019. https://programs.iowadnr.gov/naturalareasinventory/pages/Query.aspx. Iowa DNR. 2019m. Environmental Review for Natural Resources. July. Iowa DNR. n.d. ADBNet. Water Quality Assessments. Maps of all Segments Assessed. Accessed August 4, 2020. https://programs.iowadnr.gov/adbnet/. Iowa DNR. n.d. Iowa DNR Forestry Invasive Species Guide. Accessed November 3, 2020. https://www.iowadnr.gov/Portals/idnr/uploads/forestry/invasive-species-guide.pdf. Iowa Economic Development Authority. 2020. Opportunity Zones. Accessed September 28, 2020. https://www.iowaeconomicdevelopment.com/opportunityzones. Iowa West Foundation. n.d. Economic Development. Accessed September 14, 2020. https://www.iowawestfoundation.org/economic-development/. James P. Walsh and Associates, Inc. 1989. Underground Storage Tank System Closure and Site Assessment, 500 Douglas Street, Omaha, Nebraska. December 5. LeClere, Jeff. 2013a. Great Plains Skink (Plestiodon obsoletus). Amphibians and Reptiles of Iowa: A Complete Field Guide of Iowa Herpetology. Accessed July 8, 2019. http://www.herpnet.net/Iowa-Herpetology/reptiles/lizards/great-plains-skink-plestiodon- obsoletus/. LeClere, Jeff. 2013b. Ornate Box Turtle (Terrapene ornata). Amphibians and Reptiles of Iowa: A Complete Field Guide of Iowa Herpetology. Accessed July 8, 2019. http://www.herpnet.net/Iowa-Herpetology/reptiles/turtles/ornate-box-turtle-terrapene- ornata/.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 109 Omaha District LowIncomeHousing.com. 2020. Search results for Council Bluffs, Iowa. Accessed September 18, 2020. https://www.lowincomehousing.us/. Martorello, Vincent. 2020. Personal communication between Vincent Martorello, City of Council Bluffs Parks and Recreation Director, and Brian Goss, HDR. September 20. Minshall, Cheri. 2019. Personal communication between Cherie Minshall, Events Planner, River City Star, and Brian Goss, HDR. August 13. Montana Fish, Wildlife, and Parks. n.d. Scarlet Globemallow (Sphaeralcea coccinea). Accessed July 8, 2019. http://fwp.mt.gov/education/youth/lewisAndClark/plants/scarlet.html. NDEE. 1990. Site Closure Letter for ASARCO, 500 Douglas Street. Omaha, Nebraska. January 17. NDEE. 2003. Site Closure Letter for 701 Abbott Drive. June 4. NDEE. 2018. 2018 Water Quality Integrated Report. April 1. http://dee.ne.gov/Publica.nsf/d5058421f388b9f1862568740064e5e7/89721a3f201ce53486 25827a006bf7d4!OpenDocument. Nebraska Department of Economic Development. 2020. Enterprise Zones. Accessed September 28, 2020. https://opportunity.nebraska.gov/program/enterprise-zones/. Nebraska Department of Natural Resources. 2019a. Groundwater Data. Accessed July 8, 2019. https://dnr.nebraska.gov/data/groundwater-data. Nebraska Department of Natural Resources. 2019b. Groundwater Interactive Map. Accessed July 19–23, 2019. https://prodmaps2.ne.gov/Html5DNR/index.html?viewer=Groundwater. Nebraska Game and Parks Commission. 2020. Missouri River Outdoor Recreation Access Guide (interactive map). Accessed December 1, 2020. http://outdoornebraska.gov/mrrecreationguide/. Nebraska State Fire Marshal. 1992. Closure Assessment Report for 701 Abbot Drive. September 11. Nohr, Emily. 2018. CenturyLink Center’s ‘Lot B’ development moves ahead; plan would need approval from new committee, council. Omaha World-Herald. March 19. https://www.omaha.com/money/centurylink-center-s-lot-b-development-moves-ahead- plan-would/article_f5cbbf5f-e038-5fe9-91ea-974adf5a458a.html. NPS. 2018. Nationwide Rivers Inventory. https://www.nps.gov/maps/full.html?mapId=8adbe798-0d7e-40fb-bd48-225513d64977. OJB Landscape Architecture. 2018. Riverfront Revitalization Plan, Omaha, Nebraska, and Council Bluffs, Iowa. March 18. Omaha-Council Bluffs Metropolitan Area Planning Agency. 2018. Transportation Improvement Program, Fiscal Years 2019 through 2024. http://mapacog.org/wp- content/uploads/2018/05/Final-MAPA-FY2019-2024-TIP.pdf. Omaha-Council Bluffs Metropolitan Area Planning Agency. 2019. Transportation Improvement Program, Fiscal Years 2020 through 2025. http://mapacog.org/wp- content/uploads/2019/05/Draft-2020-Transportation-Improvement-Program.pdf.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 110 Omaha District Omaha-Council Bluffs Metropolitan Area Planning Agency. 2020. Transportation Improvement Program, Fiscal Years 2021 through 2026. https://mapacog.org/wp- content/uploads/2020/05/MAPA-FY2021-2026-TIP-July-2020.pdf. Pottawattamie County. 2018. GIS Map Viewer, 2018 Aerial Image Basemap. https://gis.pottcounty-ia.gov/Html5Viewer_2_11_2/Index.html?viewer=Public. Pottawattamie County. 2019. Pottawattamie County GIS Hub. Council Bluffs Zoning. https://gis.pottcounty-ia.gov/portal/apps/sites/#/hub. Pottawattamie County. 2020a. GIS Map Viewer. Accessed August and September 2020. https://gis.pottcounty-ia.gov/Html5Viewer_4_13_3/Index.html?viewer=Public. Pottawattamie County. 2020b. Pottawattamie County 2020-2021 Budget Hearing. March 31, 2020. https://www.pottcounty- ia.gov/files/auditor/pott_co_2021_budget_information_56021.pdf. PublicHousing.com. 2020. Search results for Council Bluffs, Iowa. Accessed September 18, 2020. https://www.publichousing.com/. State of Iowa. 2019. State of Iowa Open Spatial Data. Accessed July 8, 2019. https://open- iowa.opendata.arcgis.com/. Terracon. 1988. Diesel Recovery Design (Phase I). Union Pacific Rail Yard. Omaha, Nebraska. Prepared for Union Pacific Railroad Company. Omaha, Nebraska. USACE. 2017a. Missouri River Bed Degradation Feasibility Study. Technical Report. May. http://www.marc2.org/assets/environment/mobeddeg/MoRiverBedDegStudy2017.pdf. USACE. 2017b. Barge Shipment in Omaha Marks New Era of Commercial Navigation on the Missouri River. Omaha Outlook. https://www.nwo.usace.army.mil/Portals/23/Return%20of%20recurring%20barge%20traf fic%20on%20NWO%20stretch%20of%20river.pdf?ver=2017-09-07-121532-967. USACE. 2019a. Draft Supplemental Environmental Impact Assessment and Finding of No Significant Impact: Council Bend Chute Operation and Maintenance Project. Pottawattamie County, Iowa. June. USACE. 2019b. Missouri River Navigation. Accessed July 9, 2019. https://www.nwo.usace.army.mil/Missions/Dam-and-Lake-Projects/Missouri-River- Navigation/. USACE. 2019c. Levees of the Nation. National Levee Database. Accessed March 8, 2019. https://levees.sec.usace.army.mil/#/. US Census Bureau. 2001. American Fact Finder. 2000 Summary File Dataset. Table P001, Total Population. June 13. https://factfinder.census.gov/faces/nav/jsf/pages/searchresults.xhtml?refresh=t. US Census Bureau. 2011. American Fact Finder. 2010 Summary File Dataset. Table P1, Total Population. June 16. https://factfinder.census.gov/faces/nav/jsf/pages/searchresults.xhtml?refresh=t.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 111 Omaha District US Census Bureau. 2019a. American Community Survey 5-Year Estimates. Tables B03002 (Hispanic or Latino by Race) and C17002 (Ratio of Income to Poverty Level in the Past 12 Months). December 19. https://data.census.gov/cedsci/. US Census Bureau. 2019b. Age by Language Spoken at Home by Ability to Speak English for the Population 5 Years and Over. December 19. https://data.census.gov/cedsci/. US Census Bureau. 2020. Metropolitan and Micropolitan Statistical Area Population Estimates and Estimated Components of Change: April 1, 2010 to July 1, 2019. March. https://www.census.gov/data/tables/time-series/demo/popest/2010s-total-metro-and-micro- statistical-areas.html. US Climate Data. 2018. “Climate Omaha – Nebraska.” Accessed December 27, 2018. https://www.usclimatedata.com/climate/omaha/nebraska/united-states/usne0363. USFWS. 2014. Revised Recovery Plan for the Pallid Sturgeon (Scaphirhynchus albus). January. http://www.pallidsturgeon.org/wp-content/uploads/2012/11/Pallid-Sturgeon-Recovery- Plan-First-Revision-signed-version-012914_3.pdf. USFWS 2015. Endangered, Threatened, Proposed, and Candidate Species in Nebraska Counties. March. USFWS. 2018. Final Biological Opinion Concerning the Operation of the Missouri River Mainstem Reservoir System, the Operation and Maintenance of the Bank Stabilization and Navigation Project, the Operation of Kansas River Reservoir System, and the Implementation of the Missouri River Recovery Management Plan. April 13. USFWS. 2019a. Flyways. Accessed July 8, 2019. https://www.fws.gov/birds/management/flyways.php. USFWS. 2019b. Bald Eagle Permit: Incidental Take. Midwest Region – Eagle Permits. March 4. Accessed August 15, 2019. https://www.fws.gov/midwest/eagle/permits/baeatake/visible/visactivity_step4yes.html. USFWS. 2019c. Email from Heidi Woeber regarding USFWS comments on Riverfront Revitalization Project in Omaha, Nebraska, and Council Bluffs, Iowa. May 22. USFWS. 2019d. Mead’s Milkweed (Asclepias meadii). May 29. Accessed July 8, 2019. https://www.fws.gov/midwest/endangered/plants/meads/meadsmil.html. USFWS. 2019e. IPaC Resource List. July 9. https://ecos.fws.gov/ipac/. US Government Accountability Office. 2009. Missouri River Navigation: Data on Commodity Shipments for Four States Served by the Missouri River and Two States Served by Both the Missouri and Mississippi Rivers. GAO-09-224R. January 15. Accessed August 14, 2019. https://www.gao.gov/products/GAO-09-224R. USGS. 2019. USGS Historical Topographic Map Explorer. Accessed July 19, 2019. http://historicalmaps.arcgis.com/usgs/. USGS. 2020. Physiographic Divisions of the Conterminous U.S. Shapefile and Metadata derived from TopographyPhysiographic Divisions of the Conterminous U.S by N.M. Fenneman and D.W. Johnson, 1946. March. https://water.usgs.gov/GIS/metadata/usgswrd/XML/physio.xml#stdorder.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 112 Omaha District USPCI/Laidlaw. 1996. WCC. 1996. Remedial Action Plan, Omaha Shops. Omaha, Nebraska. August.

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Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 114 Omaha District

APPENDIX A

Environmental Compliance

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Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 116 Omaha District Bald and Golden Eagle Protection Act, 16 USC Sec. 668, 668 note, 669a-668d In compliance. A survey would be completed to identify whether active bald eagle nests are within a 0.5-mile radius of the proposed Project Area prior to the start of construction and annually for the multi-year construction period. If active nests are found, the 2007 National Bald Eagle Management Guidelines would be followed to avoid and/or minimize impacts on active bald eagle nests.

Clean Air Act, as amended, 42 USC 1857h-7 et seq. In compliance. Dust would be controlled by implementing BMPs.

Clean Water Act, as amended, (Federal Water Pollution Control Act) 33 USC 1251 et seq. In compliance. The requirements of a NPDES permit and SWPPP, a Clean Water Act Section 404 permit, and Clean Water Act Section 401 Water Quality Certification would be followed.

Endangered Species Act, as amended, 16 USC 1531 et seq. In compliance. Input from USFWS was considered, and the IPaC process was conducted to identify potential federally listed species in the Project Area. The Project was determined to have “no effect” on federally listed species, with the exception of “may affect, but not likely to adversely affect” with implementation of conservation conditions for the northern long-eared bat and pallid sturgeon.

Environmental Justice, Executive Order 12898 In compliance. The Project would not disproportionately impact minority or low-income populations.

Fish and Wildlife Coordination Act, as amended, 16 USC 661 et seq. In compliance. The Project would result in minimal wetland or stream channel impacts in the Project Area, west of the L627 Levee. One or more NWPs would be acquired to address the impacts.

Floodplain Management, Executive Order 11988 In compliance. The Project has been reviewed for compliance with EO 11988 looking at both the 100-year flows as well as the project authorized purpose and is in line with the purposes and intent of EO 11988 and corresponding guidance in ER 1165-2-26. Hydraulic modeling is ongoing to verify that the improvements would cause no rise in the 100-year base flood elevation. These reviews show a no-rise condition to the 100-year base flood elevations would result in no adverse impacts on the performance of the federal flood protection system. The existing levee and flood protection systems would continue to provide the same level of protection from flooding.

Migratory Bird Treaty Act of 1918, as amended, 16 USC 703-712 In compliance. Tree removal would be completed outside the active nesting season of bald eagles and migratory birds (February 1 through September 30) to the extent practicable. If construction timing necessitates tree removal between February 1 and May 31, a nesting survey would be conducted for bald eagles and migratory birds. If an active nest is found, tree clearing

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 117 Omaha District would not occur near the active nest until after the young have fledged the nest. Regardless of tree clearing timing, bald eagle surveys would be conducted annually.

National Environmental Policy Act, as amended, 42 USC 4321 et seq. In compliance. In accordance with the National Environmental Policy Act and implementing regulations, this PEA has been prepared to evaluate potential impacts of the Proposed Action, the Modified Proposed Action, and the No-Action Alternative. If appropriate, a FONSI would be prepared for the selection of the Modified Proposed Action.

National Historic Preservation Act, as amended, 16 USC 470a et seq. In compliance. Section 106 consultation with Iowa SHPO is occurring regarding archaeological and historic architecture surveys and a report documenting the results. A determination of No Effect to Historic Properties is anticipated. The recommended determination would be reviewed by Iowa SHPO for concurrence, and any needed mitigation would be fulfilled.

Noise Control Act of 1972, 42 USC Sec. 4901 to 4918 In compliance. Noise emission levels at the Project Area would increase above current levels temporarily due to construction; however, appropriate measures, such as notifying residents of noise sources and timing, and maintaining mufflers on construction equipment, would be taken to keep the noise level within compliance levels.

Protection of Wetlands, Executive Order 11990 In compliance. The Project would be in compliance with Executive Order 11990 because minimal impacts on wetlands would occur and would be managed through acquisition of one or more NWPs and LOPs.

Resource Conservation and Recovery Act, 42 USC 6901 et seq. In compliance. If any hazardous wastes and/or substances are encountered during construction, the proper handling and disposal of these materials would be coordinated with Iowa DNR based on Resource Conservation and Recovery Act requirements.

Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 118 Omaha District APPENDIX B

Agency Correspondence

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Council Bluffs Riverfront Project EA US Army Corps of Engineers March 2021 120 Omaha District DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT 1616 CAPITOL AVENUE OMAHA NE 68102-4901 REPLY TO ATTENTION OF January 22, 2021

Planning, Programs, and Project Management Division

SUBJECT: Cultural Resources Assessment for the Council Bluffs Riverfront Project, Council Bluffs, Pottawattamie County, Iowa

Dr. Heather Gibb Interim State Historic Preservation Officer Iowa Department of Cultural Affairs 600 East Locust Street Des Moines, IA 50319

Dear Dr. Gibb:

The City of Council Bluffs is proposing Missouri River riverfront improvements near Tom Hanafan Park. The SHPO was previously notified of the Council Bluffs Riverfront Project (the Project) through an early coordination package emailed in September 2, 2020, and you responded on September 9 via email. As noted in the September coordination letter, a previous coordination effort occurred when the Omaha Riverfront Project and Council Bluffs Riverfront Project were considered together but were separated because concepts for the Council Bluffs project were being reconsidered and would have delayed the Omaha project.

The Project requires Section 408 approval, and Section 404 and Section 10 permits, from the US Army Corps of Engineers (USACE) and as such requires review under Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations (36 CFR Part 800). As the lead federal agency, USACE has approval authority over the Project and is required to consider and consult about the effects of the proposed Project on historic properties. In addition to SHPO consultation, USACE reached out to tribes as part of the initial consideration of the Omaha Riverfront and Council Bluffs Riverfront projects. The Iowa Tribe of Kansas and Nebraska and the Pawnee Tribe responded, and their input is attached.

A Phase I Cultural Resources Assessment conducted to identify and assess effects on historic properties within the Project’s APE is summarized below and detailed in the enclosed report. Also enclosed is the completed Request for SHPO Comment on a Project. Please review this documentation as required under Section 106 of the NHPA and its implementing regulations (36 CFR Part 800).

Project Description Summary The City of Council Bluffs is proposing Missouri River riverfront revitalization activities and improvements. The Project includes construction activities within and near Tom Hanafan River’s Edge Park with the goal of enhancing the Council Bluffs riverfront with a variety of active and passive recreational spaces, and to improve public access to, and connectivity between, these spaces. Activities and construction would be implemented in three phases (Phases I, II, II) over several years.

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Key project activities of Phase I would include construction of a treetop walk (elevated walkway) with a connection to the Bob Kerrey Pedestrian Bridge; an observation tower with restrooms, and mowed walking paths north of the Bob Kerrey Pedestrian Bridge; a new playground, named Belle’s Playground, near the existing River’s Edge Pavilion, landward of the L627 Missouri River Left Bank Levee right-of-way (ROW); a utility connection from Avenue D over the L627 levee and to the observation tower; and construction of a new playground (Brambles Play Area) and dog park on land to be acquired adjacent to the existing River’s Edge Pavilion, between Avenue B and Avenue C, west of 41st Street. The land is landward of the L627 levee ROW and is currently residential. This area is susceptible to groundwater seepage into basements and has been considered for potential Federal Emergency Management Agency (FEMA) buyouts.

Included is Phase I is the removal of invasive tree species and nearly 50 percent of dead trees to improve the river flow during high river events, and to prepare the area for further improvements. Mowed walking paths would be created after the trees are cleared. A gravel emergency access road would be constructed.

Phase II would include additional elevated walkway and adding a James Turrell sculpture at the end of the elevated walkway that would extend near the Missouri River riverbank and construction of an adventure course and other recreational amenities such as ropes courses, roll gliding, climbing, and caving.

Phase III of the proposed improvements would include clearing of invasive tree species and many dead trees in River’s Edge South and the construction of an overlook pier in the Missouri River south of Interstate 480 (I-480).

The proposed walkways and tower in River’s Edge North would have foundations installed to underlying bedrock (ranging in depth from approximately 80 to 90 feet below ground surface (BGS)). To support construction access for improvements there would be some shallow grading and excavations in several areas on the order of a foot or two. Deeper excavations are noted for the following improvements discussed below.

Excavations for the pier caps (42 total) for the River’s Edge North walkways would be approximately 36 feet by 36 feet to a depth of approximately 6 feet BGS. Excavations for each tower pier (7 total) would be approximately 45 feet by 45 feet to a depth of 6 feet BGS. Two support columns, each sized approximately 22 feet by 24 feet, would involve an excavation of about 66 feet by 105 feet to a depth of 6 feet BGS. The columns would be supported by H-pile extending to bedrock. A pump station would be installed at a depth of approximately 10 feet BGS, with utility lines buried at about 5 feet BGS.

The overlook pier in River’s Edge South would be supported by 13 60-inch-diameter piers, 6 in water and 7 in land. Each of the piers on land would require a 45 feet by 45 feet excavation, approximately 6 feet BGS.

All excavations would be in unconsolidated sediments in uplands and wetlands. The area has been disturbed by frequent flooding and off-road vehicle use.

Cultural Resources Assessment This cultural resources assessment was conducted to identify historic properties, those resources that are eligible for or listed in the National Register of Historic Places (NRHP), that may be present within the Project’s Area of Potential Effects (APE). The APE totals 73.84 acres and is located in Township 75 north, Range 44 west in Sections 28, 29, 32, and 33. An archaeological -3-

survey was conducted in portions of the APE north of I-480 in 2002 (Linderbaum et al. 2002) and those areas were not resurveyed as part of this Project. Pedestrian survey was conducted within the APE (15.5 acres south of I-480), and subsurface testing was limited to areas subject to ground disturbance (0.6 acres within the larger 15.5 acres of pedestrian survey). Two small areas were excluded from archaeological survey due to previous disturbance and are discussed further in this report. The architectural survey was conducted for the entire APE.

The archaeological survey conducted by HDR resulted in the identification of two new resources temporarily named HDR-CB-01 and HDR-CB-02, both of which are channel flow diversion structures in the Missouri River. HDR recommends these newly recorded channel flow diversion structures, HDR-CB-01 and HDR-CB-02, are not eligible for listing in the NRHP under Criteria A–D and recommends no further work at the sites. Within the architectural APE, HDR recorded a total of seven historic-age resources (constructed in 1975 or earlier). Six of the resources are associated with the levee and include a total of two segments of the L627 Missouri River Left Bank Levee (HDR-CB-03 and HDR-CB-04) and four pumping stations. HDR-CB-03 includes a portion of earthen levee previously recorded in the Iowa Archaeological Site File under Site Number 13PW151, and as Iowa Site Inventory Number 78-01362. The seventh historic-age resource recorded is a domestic single dwelling built in 1925, which is located at 4105 Avenue C, adjacent to the levee (HDR-CB-05). None of the surveyed resources are recommended eligible for listing in the NRHP under any criteria. Further, no potential historic districts were identified during the survey. Based on the NRHP recommendations for the surveyed resources, there are no historic properties within the Project APE and HDR recommends no further cultural resources investigations for the Project APE. Because there are no historic properties in the APE, USACE agrees with the recommendation the Project will result in No Effect to Historic Properties.

USACE is requesting SHPO concurrence with the No Effect to Historic Properties determination for the Project as summarized in this letter and detailed in the enclosed report. If you have any questions, please do not hesitate to contact Sandra Barnum, Regional Archeologist, at (402) 221-4895 or [email protected].

Sincerely,

Julie A. Jacobsen, Manager Cultural Resources Program, Planning Branch

Enclosures

This Page Intentionally Left Blank Nosworthy, Paula

From: Koenig, Chris Sent: Monday, May 20, 2019 9:34 AM To: Goss, Brian Subject: FW: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Follow Up Flag: Follow up Flag Status: Flagged

Chris J. Koenig, P.E. Senior Project Manager

HDR 1917 S. 67th Street Omaha, NE 68106-2973 D 402.548.5112 M 402.676.9815 [email protected] hdrinc.com/follow-us

From: Gibb, Heather [mailto:[email protected]] Sent: Monday, May 20, 2019 9:32 AM To: Nosworthy, Paula Cc: King, Steve ; Koenig, Chris ; [email protected] Subject: Re: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Hello Paula,

Thank you for contacting the Iowa State Historic Preservation Office. At this time, the office is unable to accept online submissions. To initiate consultation on your project, we will need a Request for SHPO Comment on a Project to be completed and submitted in hard copy to our office, along with necessary supporting documentation. Please send your submission to the address on the request form. You can email or call with any questions or comments to the contact information below, especially if you are unsure what may be needed for a complete submission.

Best,

Heather Gibb [email protected] | 515.281.4137 | iowaculture.gov

Iowa Arts Council | Produce Iowa | State Historical Society of Iowa Iowa Department of Cultural Affairs

Share your stories using #IowaCulture

1 On Fri, May 17, 2019 at 2:05 PM Nosworthy, Paula wrote:

Attached is an agency scoping letter with attachments, requesting comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa.

We appreciate your assistance and timely response with this request.

Should you have any questions, please contact Chris Koenig at 402-548-5112 or [email protected]. You can also contact Brent Cossette, USACE project manager, at 402-995- 2045 or [email protected].

Paula Nosworthy

Administrative Assistant / Roadway Group

HDR

1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected] hdrinc.com/follow-us

2 From: Nosworthy, Paula To: Goss, Brian Subject: FW: Council Bluffs Riverfront Project Agency Coordination Date: Tuesday, September 8, 2020 3:30:20 PM

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

From: Gibb, Heather [mailto:[email protected]] Sent: Tuesday, September 8, 2020 3:27 PM To: Nosworthy, Paula Subject: Re: Council Bluffs Riverfront Project Agency Coordination

CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Thank you for contacting the Iowa State Historic Preservation Office. At this time, the office is unable to accept online submissions. To initiate consultation on your project, we will need a Request for SHPO Comment on a Project to be completed and submitted in hard copy to our office, along with necessary supporting documentation. Please send your submission to the address on the request form. You can email or call with any questions or comments, especially if you are unsure what may be needed for a complete submission. If due to the current situation that many face with working conditions being different than normal, you do need access to an e-submission alternative, please request access to our temporary e-submission form.

Best,

Heather Gibb

[email protected] | 515.281.4137 | iowaculture.gov

Iowa Arts Council | Produce Iowa | State Historical Society of Iowa Iowa Department of Cultural Affairs

Share your stories using #IowaCulture

Heather Gibb, Ph.D. Interim Deputy State Historic Preservation Officer Review & Compliance Manager Pronouns: She/Her/Hers [email protected] | 515.281.4137 | iowaculture.gov

Iowa Arts Council | Produce Iowa | State Historical Society of Iowa Iowa Department of Cultural Affairs

Share your stories using #IowaCulture

**Be advised that the current health emergency may affect the ability of our office to respond to future correspondences within the expected timeframe. Staff are continuing to work toward meeting the statutory 30-day review and comment period where applicable and will be notifying agencies if any review is anticipated to take longer than 30 days. **

***Please note: Our office is currently closed to the public in an effort to slow the spread of the COVID-19. During this time, SHPO staff will be available most effectively through email correspondence and conference calls***

On Tue, Sep 8, 2020 at 3:22 PM King, Steve wrote:

------Forwarded message ------From: Nosworthy, Paula Date: Wed, Sep 2, 2020 at 5:21 PM Subject: Council Bluffs Riverfront Project Agency Coordination To: [email protected]

Attached is an agency scoping letter with attachments, requesting comments on the Council Bluffs Riverfront Project in Council Bluffs, Iowa. We appreciate your assistance and timely response with this request. Should you have any questions, please contact Chris Koenig at 402-548-5112 or [email protected]. You can also contact Brent Cossette, USACE project manager, at 402-995-2045 or [email protected].

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

Nosworthy, Paula

From: Nosworthy, Paula Sent: Tuesday, May 21, 2019 2:53 PM To: Koenig, Chris; Goss, Brian Subject: FW: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Follow Up Flag: Follow up Flag Status: Flagged

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

From: Moench, Kathleen [mailto:[email protected]] Sent: Tuesday, May 21, 2019 2:17 PM To: Nosworthy, Paula Subject: Re: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Paula,

Thank you for the opportunity to review the proposed plans for the Missouri River riverfront area improvements through the Council Bluffs/Omaha area. I've reviewed several recreational grant programs for potential conflicts with state and federal funding.

At this time, two REAP Grants awarded to the City of Council Bluffs have the potential to be affected by the improvements. The Grant numbers are 02-R4-LT, a 2002 REAP grant for the development of 5 miles of trail from Roberts Park, west and south along the river levee to the Western Historic Trails Center. The second is 18-R4-FA, a 2018 REAP grant for the restoration of 17 acres of woodland in River's Edge Park.

If either of these projects, the trail or the woodland area, are changed, removed, destroyed, the City would need to contact the Department for approval and direction for how to proceed with the change. I hope this is helpful. Please contact me if you have any questions. Take care, Kathleen

.

1 Kathleen Moench | Executive Officer Iowa Department of Natural Resources P 515-725-8213 | F 515-725-0384 | 502 E. 9th St., Des Moines, IA 50319

www.iowadnr.gov

On Fri, May 17, 2019 at 1:58 PM Nosworthy, Paula wrote:

Attached is an agency scoping letter with attachments, requesting comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa.

We appreciate your assistance and timely response with this request.

Should you have any questions, please contact Chris Koenig at 402-548-5112 or [email protected]. You can also contact Brent Cossette, USACE project manager, at 402-995-2045 or [email protected].

Paula Nosworthy

Administrative Assistant / Roadway Group

HDR

1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected] hdrinc.com/follow-us

2 Nosworthy, Paula

From: Nosworthy, Paula Sent: Tuesday, May 21, 2019 12:27 PM To: Goss, Brian Subject: FW: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa Attachments: Steven Fender.vcf

Chris was copied on the email below – but didn’t see your name.

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected] hdrinc.com/follow-us

From: Fender, Steven (FRA) [mailto:[email protected]] Sent: Tuesday, May 21, 2019 12:06 PM To: Nosworthy, Paula Cc: Flynn, Matt (FRA) ; Johnson, Arthur (FRA) ; Koenig, Chris ; [email protected]; Cleveland, William (FRA) Subject: RE: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Paula.

We will assign someone from our Omaha office to track this and offer any support in a “non-regulatory - advisory fashion” as appropriate. Chief Inspector Matt Flynn is our local manager there and will share the name of a point person to support.

Feel free to reach out to me directly if we can assist or offer specific support of any kind. Omaha is my home town by chance and in my Region of course. So we have interest in offering support.

My contact card is attached. Steve

Steven J. Fender Regional Administrator – 6 USDOT - Federal Railroad Administration [email protected] 816-329-3840

From: Nosworthy, Paula [mailto:[email protected]] Sent: Friday, May 17, 2019 2:06 PM To: Fender, Steven (FRA) Subject: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

1 Attached is an agency scoping letter with attachments, requesting comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa. We appreciate your assistance and timely response with this request. Should you have any questions, please contact Chris Koenig at 402‐548‐5112 or [email protected]. You can also contact Brent Cossette, USACE project manager, at 402‐995‐2045 or [email protected].

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected] hdrinc.com/follow-us

2 From: Nosworthy, Paula To: Goss, Brian Subject: FW: Council Bluffs Riverfront Project Agency Coordination Date: Friday, September 4, 2020 10:29:08 AM Attachments: image001.png

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

From: Fender, Steven (FRA) [mailto:[email protected]] Sent: Friday, September 4, 2020 10:24 AM To: Nosworthy, Paula Subject: RE: Council Bluffs Riverfront Project Agency Coordination

CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Paula.

The FRA Office of Safety has reorganized. I am no longer managing FRA’s Region 6. I am assigned specifically to the Union Pacific and Kansas City Southern Railroads. If you have issues related to rail/public safety impacts on or related to these railroads we may review and assist. Otherwise I do not believe that we have a stake in the project. Other than a slight personal interest as I grew up in that area.

If you feel there are other than railroad safety aspects to review such as NEPA as it related to railroad property, I can direct you to another FRA department that may care to comment. We do not as a routine comment on these projects without rail/public safety impacts.

Steve

Steven J. Fender Railroad Safety Administrator Kansas City, MO. 816-329-3840

From: Nosworthy, Paula [mailto:[email protected]] Sent: Wednesday, September 2, 2020 5:19 PM To: Fender, Steven (FRA) Subject: Council Bluffs Riverfront Project Agency Coordination

CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe.

Attached is an agency scoping letter with attachments, requesting comments on the Council Bluffs Riverfront Project in Council Bluffs, Iowa. We appreciate your assistance and timely response with this request. Should you have any questions, please contact Chris Koenig at 402-548-5112 or [email protected]. You can also contact Brent Cossette, USACE project manager, at 402- 995-2045 or [email protected].

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

Nosworthy, Paula

From: Nosworthy, Paula Sent: Wednesday, May 22, 2019 3:28 PM To: Goss, Brian Subject: FW: RE:Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa Attachments: Jessica Montana - OMA RIV.pdf

Follow Up Flag: Follow up Flag Status: Flagged

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

From: Montana, Jessica [mailto:[email protected]] Sent: Wednesday, May 22, 2019 3:08 PM To: Nosworthy, Paula ; Koenig, Chris ; [email protected] Cc: Peggy Elscott ; Travis Baker ; Lori McDaniel Subject: RE:Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Paula, Thank you for your email. When trying to identify environmental issues associated with a property, one of the easiest places to start is the DNR's Facility Explorer website, https://facilityexplorer.iowadnr.gov/FacilityExplorer/Default.aspx. There you will find the area(s) you are interested in; additionally, there are color coded marks for all of the program areas the DNR regulates. Then, after this step, you can contact us to request information/documentation related to a specific facility(s).

Also, please feel free to visit the following databases; they might provide the information you are looking for as well:

 Air Quality http://www.iowadnr.gov/Environmental-Protection/Air-Quality/Public-Records-Air- Quality  Contaminated Sites https://programs.iowadnr.gov/contaminatedsites/  Underground Storage Tanks https://programs.iowadnr.gov/tanks/pages/advanced.aspx

1  County Sanitarian Information can be obtained at http://www.iowacounties.org/member- resources/county-directory/ (for private water & wastewater issues)  Please note, the State Fire Marshall has oversight of above-ground storage tanks; they can be reached at 515-725-6145 for information.

Last, I have copied three other DNR colleagues who may be able to assist.

Peggy, Travis, Lori,

See Paula's request below and attached.

Thanks so much,

Jessica Montana | Environmental Program Supervisor Iowa Department of Natural Resources P 712‐243‐1934 | F 712‐243‐6251 | 1401 Sunnyside Lane, Atlantic, IA 50020

www.iowadnr.gov

------Forwarded message ------From: Nosworthy, Paula Date: Fri, May 17, 2019 at 1:53 PM Subject: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa To: [email protected]

Attached is an agency scoping letter with attachments, requesting comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa.

We appreciate your assistance and timely response with this request.

Should you have any questions, please contact Chris Koenig at 402-548-5112 or [email protected]. You can also contact Brent Cossette, USACE project manager, at 402-995-2045 or [email protected].

Paula Nosworthy

Administrative Assistant / Roadway Group

HDR

1917 S. 67th Street Omaha, NE 68106

2 D 402.548.5030 [email protected] hdrinc.com/follow-us

3

This Page Intentionally Left Blank Nosworthy, Paula

From: Koenig, Chris Sent: Wednesday, May 22, 2019 3:59 PM To: Goss, Brian Subject: FW: Comment: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Follow Up Flag: Follow up Flag Status: Flagged

Chris J. Koenig, P.E. Senior Project Manager

HDR 1917 S. 67th Street Omaha, NE 68106-2973 D 402.548.5112 M 402.676.9815 [email protected] hdrinc.com/follow-us

From: Tener, Scott (FAA) [mailto:[email protected]] Sent: Wednesday, May 22, 2019 3:58 PM To: Koenig, Chris Subject: Comment: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Mr. Koenig,

We generally do not provide comments from an environmental perspective.

Airspace Considerations The project may require formal notice and review for airspace considerations under 14 CFR Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace. To determine if you need to file with FAA, go to http://oeaaa.faa.gov and click on the “Notice Criteria Tool” found at the left‐hand side of the page.

Several items may need to be checked such as any roads, towers, objects, and temporary construction equipment (e.g. road grades, bridge structure, light poles, cranes) that exceed the notice criteria.

For projects involving long routes, multiple locations will need to be checked. We recommend checking the route at 1‐ mile intervals and at increases in elevation (e.g. natural rise, bridges & overpasses).

If after using the tool, you determine that filing with FAA is required, we recommend a 120‐day notification to accommodate the review process and issue our determination letter. Proposals may be filed at http://oeaaa.faa.gov. More information on this process may be found at: http://www.faa.gov/airports/central/engineering/part77/

Please let me know if you have any questions,

1 Scott Tener Environmental Specialist

FAA Central Region Airports Division 901 Locust St., Room 364 Kansas City, Missouri 64106‐2325 T 816.329.2639 | F 816.329.2611 http://www.faa.gov/airports/central/

From: Nosworthy, Paula Sent: Friday, May 17, 2019 2:04 PM To: Tener, Scott (FAA) Subject: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Attached is an agency scoping letter with attachments, requesting comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa. We appreciate your assistance and timely response with this request. Should you have any questions, please contact Chris Koenig at 402‐548‐5112 or [email protected]. You can also contact Brent Cossette, USACE project manager, at 402‐995‐2045 or [email protected].

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected] hdrinc.com/follow-us

2 From: Koenig, Chris To: Goss, Brian Subject: FW: Comment: Council Bluffs Riverfront Project Agency Coordination Date: Friday, September 4, 2020 9:35:48 AM Attachments: Tener - Council Bluffs Riverfront Project.pdf

Chris J. Koenig, P.E. Senior Project Manager

HDR 1917 S. 67th Street Omaha, NE 68106-2973 D 402.548.5112 M 402.676.9815 [email protected] hdrinc.com/follow-us

From: Tener, Scott (FAA) [mailto:[email protected]] Sent: Friday, September 4, 2020 9:32 AM To: Koenig, Chris Subject: Comment: Council Bluffs Riverfront Project Agency Coordination

CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

We generally do not provide comments from an environmental perspective.

Airspace Considerations The project may require formal notice and review for airspace considerations under 14 CFR Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace. To determine if you need to file with FAA, go to http://oeaaa.faa.gov and click on the “Notice Criteria Tool” found at the left-hand side of the page.

Several items may need to be checked such as any buildings, towers, objects, and temporary construction equipment that exceed the notice criteria.

For projects involving long routes, multiple locations will need to be checked. We recommend checking the route at 1-mile intervals and at increases in elevation.

If after using the tool, you determine that filing with FAA is required, we recommend a 120-day notification to accommodate the review process and issue our determination letter. Proposals may be filed at http://oeaaa.faa.gov. More information on this process may be found at: http://www.faa.gov/airports/central/engineering/part77/

Please let me know if you have any questions,

Scott Tener Environmental Specialist

FAA Central Region Airports Division 901 Locust St., Room 364 Kansas City, Missouri 64106-2325 T 816.329.2639 | F 816.329.2611 http://www.faa.gov/airports/central/

From: Nosworthy, Paula Sent: Wednesday, September 2, 2020 5:29 PM To: Tener, Scott (FAA) Subject: Council Bluffs Riverfront Project Agency Coordination

Attached is an agency scoping letter with attachments, requesting comments on the Council Bluffs Riverfront Project in Council Bluffs, Iowa. We appreciate your assistance and timely response with this request. Should you have any questions, please contact Chris Koenig at 402-548-5112 or [email protected]. You can also contact Brent Cossette, USACE project manager, at 402- 995-2045 or [email protected].

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

Nosworthy, Paula

From: Nosworthy, Paula Sent: Wednesday, May 22, 2019 3:30 PM To: Goss, Brian Subject: FW: (SL 17047) Re: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Follow Up Flag: Follow up Flag Status: Flagged

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected] hdrinc.com/follow-us

From: [email protected] [mailto:[email protected]] On Behalf Of Sov Land and Env Review, DNR Sent: Wednesday, May 22, 2019 3:10 PM To: Nosworthy, Paula Cc: Koenig, Chris Subject: (SL 17047) Re: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Sovereign Lands: 17047

Your application was logged under the tracking number listed above. Please use the assigned tracking number on all future correspondence for this project.

Contact: Seth Moore, 515-725-8464, [email protected]

Environmental Reviews can be submitted electronically to: [email protected].

1 This correspondence does not constitute approval. When review has been completed a letter or email concerning the Sovereign Lands determination will be issued.

Thank you,

Iowa Department of Natural Resources 502 E 9th St, Des Moines, IA 50319 www.iowadnr.gov

On Mon, May 20, 2019 at 11:26 AM Conroy, Colleen wrote:

Colleen Conroy | Administrative Assistant Iowa Department of Natural Resources P 515‐725‐8268 | F 515‐725‐8202 502 E 9th St, Des Moines IA 50319

www.iowadnr.gov

------Forwarded message ------From: Moore, Seth Date: Mon, May 20, 2019 at 11:01 AM Subject: Fwd: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa To: Colleen Conroy

Please log as ER, thank you.

Seth Moore | Environmental Specialist

The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Iowa Department of Natural Resources P 515‐725‐8464 | F 515‐725‐8201 | 502 E. 9th St., Des Moines, IA 50319

www.iowadnr.gov

2 ------Forwarded message ------From: Nosworthy, Paula Date: Fri, May 17, 2019 at 2:05 PM Subject: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa To: [email protected]

Attached is an agency scoping letter with attachments, requesting comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa.

We appreciate your assistance and timely response with this request.

Should you have any questions, please contact Chris Koenig at 402-548-5112 or [email protected]. You can also contact Brent Cossette, USACE project manager, at 402-995-2045 or [email protected].

Paula Nosworthy

Administrative Assistant / Roadway Group

HDR

1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected] hdrinc.com/follow-us

3

This Page Intentionally Left Blank Nosworthy, Paula

From: Nosworthy, Paula Sent: Wednesday, May 22, 2019 8:15 AM To: Koenig, Chris; Goss, Brian Subject: FW: [EXTERNAL] Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa Attachments: EA Response - Council Bluffs and Omaha Riverfront Development.pdf

Follow Up Flag: Follow up Flag Status: Flagged

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected] hdrinc.com/follow-us

From: Woeber, Heidi [mailto:[email protected]] Sent: Wednesday, May 22, 2019 7:58 AM To: Nosworthy, Paula Cc: Al Frohlich ; Christine Schwake Subject: Re: [EXTERNAL] Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Ms. Nosworthy:

Here is our response for the EA. Heidi Woeber Fish and Wildlife Biologist Ecological Services U.S. Fish and Wildlife Service 1511 47th Avenue Moline, IL 61265 309/757-5800, ext. 209 309/757-5807 Fax [email protected]

1 On Fri, May 17, 2019 at 1:55 PM Nosworthy, Paula wrote:

Attached is an agency scoping letter with attachments, requesting comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa.

We appreciate your assistance and timely response with this request.

Should you have any questions, please contact Chris Koenig at 402-548-5112 or [email protected]. You can also contact Brent Cossette, USACE project manager, at 402-995-2045 or [email protected].

Paula Nosworthy

Administrative Assistant / Roadway Group

HDR

1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected] hdrinc.com/follow-us

2 United States Department of the Interior

FISH AND WILDLIFE SERVICE Rock Island Field Office 1511 47th Avenue Moline, Illinois 61265 Phone: (309) 757-5800 Fax: (309) 757-5807

IN REPLY REFER TO:

FWS/ILIAFO

May 22, 2019

Mr. Chris Koenig HDR Engineering Inc. 1917 S. 67th Street Omaha, Nebraska 68106

Re: Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Dear Mr. Koenig:

Thank you for contacting us regarding your project. This responds to your May 17, 2019, request for comments regarding the initiation of an environmental assessment (EA) for the proposed Riverfront Revitalization Project in Council Bluffs, Pottawattamie County, Iowa. Please contact our Grand Island, Nebraska, Ecological Services Field Office, for the Nebraska portion of this project. We have the following comments.

With respect to any species, listed or proposed to be listed, which may be present in the area of the proposed action, we refer you to the Service's Region 3 Technical Assistance website at http://www.fws.gov/midwest/endangered/section7/sppranges/index.html. Habitat descriptions for these species can also be found on our website. You may use these descriptions to help you determine if there is suitable habitat within your project area. By following the instructions, you can determine what your action area is, whether listed species may be found within the action area, and if the project may affect listed species. To streamline the environmental review process please visit https://ecos.fws.gov/ipac/. We recommend you contact the Iowa Department of Natural Resources Iowa Department of Natural Resources, 502 E. 9th Street, Des Moines, IA 50319-0034, for information on state listed species.

The Service removed bald eagles from protection under the Endangered Species Act on August 8, 2007. However, they remain protected under the Bald and Golden Eagle Protection Act of 1940 (Eagle Act). The Eagle Act prohibits take which is defined as, “pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy, molest, or disturb” (50 CFR 22.3). Disturb is defined in regulations as, “to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) Mr. Chris Koenig 2

decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior.” The National Bald Eagle Management Guidelines (Guidelines) offer guidance on how to minimize disturbance to bald eagles and increase the likelihood that actions near bald eagle nests are consistent with the Eagle Act. We encourage adherence to these Guidelines.

It is unlawful to take or disturb eagles without first obtaining a permit for non-purposeful take of eagles. However, no permit would be available unless an applicant has first taken all practicable steps to avoid take of eagles. Information about eagle permits can be found online at the following link: http://www.fws.gov/midwest/MidwestBird/eaglepermits/

There may be wetlands within and adjacent to the project area. The Corps of Engineers is the Federal agency responsible for wetland determinations, and we recommend that you contact them for assistance in delineating the wetland types and acreage within the project boundary. Priority consideration should be given to avoid impacts to these wetland areas. Any future activities in the study area that would alter these wetlands may require a Section 404 permit. Unavoidable impacts will require a mitigation plan to compensate for any losses of wetland functions and values. The U.S. Army Corps of Engineers, Clock Tower Building, P.O. Box 2004, Rock Island, Illinois, 61201, should be contacted for information about the permit process.

These comments provide technical assistance only and do not constitute the report of the Secretary of the Interior on the project within the meaning of Section 2(b) of the Fish and Wildlife Coordination Act, do not fulfill the requirements under Section 7 of the Endangered Species Act, nor do they represent the review comments of the U.S. Department of the Interior on any forthcoming environmental statement. Please contact me if you have questions.

Heidi Woeber U.S. Fish and Wildlife Service 1511 47th Avenue Moline, Illinois 61265 309/757-5800 Ext. 209

cc: IADNR (Schwake) USACE (Frolich)

From: Hentges, Valerie A To: Koenig, Chris; [email protected] Cc: Farrell, Kelly; Goss, Brian; Weber, John S; Herrington, Karen Subject: Council Bluffs Riverfront Project USFWS comments for technical assistance Date: Wednesday, September 30, 2020 9:52:07 PM

CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mr. Koenig,

The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in the September 2, 2020, request for comments on the Council Bluffs Riverfront Project (Project), Council Bluffs, Iowa and offers the following comments pursuant to the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) and the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1544).

The City of Council Bluffs proposes this Project to create recreational and outdoor experiences by expanding a park and recreational land along the Missouri River. The proposed Belle’s Playground will be constructed during Phase 1 near the River’s Edge Pavilion (within Tom Hanafan Park), outside of the levee right-of-way. Phase 1 also proposes to improve the undeveloped area north of the Bob Kerrey Pedestrian Bridge including a tree top walk (i.e., elevated walkway) with a connection to the Bob Kerrey Pedestrian Bridge, Turrell Art (Sculpture) at the end of the walkway near the Missouri River, and mowed walking paths north of the Bob Kerrey Pedestrian Bridge. The final aspect of Phase 1 includes a new playground (Brambles Play Area) and a dog park on land yet to be acquired, adjacent to the existing pavilion, landward of the U.S. Army Corps of Engineers (Corps) levee right-of-way (i.e., currently residential between Avenue B and C, west of 41st Street). Phase 2 of the Project will include a lookout pier in the Missouri River south of Interstate 480, located in an undeveloped area south of Tom Hanafan Park.

On September 17, 2020, the Service completed a species list for the Project’s estimated action area through the Information for Planning and Consultation (IPaC) project planning tool (Reference number: 03E14000-2020-SL-3569). The species list includes: Northern Long-eared Bat; Least Tern; Piping plover; Pallid Sturgeon; Prairie Bush-Clover; Western Prairie Fringed Orchid.

On January 14, 2016, the Service published a species-specific rule pursuant to section 4(d) of the ESA for the northern long-eared bat (81FR 1900). Section 4(d) of the ESA states that: “Whenever any species is listed as a threatened species ... the Secretary shall issue such regulations as he deems necessary and advisable to provide for the conservation of such species” (16 U.S.C. 1533(d)). The Service's 4(d) rule for the northern long-eared bat does not prohibit the incidental take of northern long-eared bats as follows:

1. Incidental take that is outside the white nose syndrome zone. 2. Incidental take that is inside the white nose syndrome zone, provided these activities: 1. Occur more than 0.25 mile (0.4 km) from a known, occupied hibernacula; 2. Avoid cutting or destroying known, occupied roost trees during the pup season (June 1–July 31); and 3. Avoid cutting or destroying any trees within a 150-foot (45 meter) radius of known, occupied roost trees during the pup season (June 1 – July 31). 3. Removal of hazard tress (no limitations). 4. Purposeful take that results from: 1. Protection of human health and safety; and 2. Removal of bats from within human structures.

Thus, any take of northern long-eared bats occurring in conjunction with these activities that complies with the conservation measures, as necessary, is not prohibited and does not require incidental take authorization. However, Section 4(d) rules do not afford exemption from the ESA's Section 7 procedural requirements in and of themselves. Therefore, the Service completed a programmatic biological opinion on January 5, 2016, on the Service’s action of finalizing and implementing the 4(d) rule. The biological opinion provides a framework for streamlining the consultation process to meet Section 7 requirements for all federal agency actions that may affect the northern long-eared bat, provided the agencies follow the criteria in the 4(d) rule and the biological opinion.

The least tern and piping plover are shorebirds that can rely on the Missouri River for breeding (nesting) habitat. Sparsely vegetated sandbars and gravel shores along rivers and lakes or reservoirs are their preferred habitat. In particular, sandbars along the Missouri River can provide ideal nesting and feeding habitat. Piping plover chicks will feed along the sandbar shorelines while the least tern parents catch fish along the shallow waters around the sandbars as food for their least tern chicks. Direct consequences, e.g., construction access, grading, trenching, placement of fill, vegetation management, etc., to suitable nesting habitat should be avoided. Work conducted within ½ mile of suitable nesting habitat along the Missouri River or sound levels above 80 decibels due to the Project should also be avoided.

Pallid sturgeon is a fish that occurs throughout the undammed stretches of the Missouri River from Ft. Peck Dam, Montana to the mouth near St. Louis, Missouri. Pallid sturgeon spawn during the spring and early summer and construction activities within the channel have the potential to adversely affect the pallid sturgeon if they are present at the same time as construction. Because of this, if possible, work in the channel should be avoided during the spawning period. Revetment rock placement should be restricted to occur outside of April 1 to June 30. However, the pallid sturgeon also benefit from sediment in the Missouri River, and work that puts clean sediment and alluvial soils back into the river is encouraged. The Service recommends implementing best management practices for construction near rivers and pallid sturgeon. Please refer to the Missouri Department of Conservation best practices for streams and pallid sturgeon (https://mdc.mo.gov/property/improve-my-property/habitat- management/pond-stream-care/streams-construction-best-practices; https://missouriconservation.org/sites/default/files/downloads/Pallid%20Sturgeon.pdf). As the design for this Project progresses, please keep in mind the aforementioned spawning timeframe. Best management practices should be in place to limit a sediment load increase into the Missouri River as a result of the Project construction. If in-stream work is necessary, working from the streambank as much as feasible will help minimize the impacts to the pallid sturgeon.

Prairie Bush Clover is a prairie plant, within the pea family, typically within tallgrass prairie habitat. The clover-like leaf consists of three leaflets about an inch long and ¼ inch wide. It’s pale pink or cream colored flowers bloom during the middle of July, while the plant has a grayish- silver sheen that can grow nine to eighteen inches tall. A plant survey should be conducted to determine if prairie bush clover is within the Project area.

Western Prairie Fringed Orchid typically occurs within mesic to wet unplowed tallgrass prairies and meadows with the occasional occurrence in old fields and roadside ditches. This perennial herb can grow up to four feet tall with between two to five thick, elongated, hairless leaves with it’s smooth and erect stalk containing 24 showy white flowers about an inch wide. Each flower contains a lower petal that is deeply 3-lobed and fringed. A plant survey should be conducted to determine if western prairie fringed orchid is within the Project area.

The Service appreciates the ability to provide our comments for the Council Bluffs Riverfront Project under the regulations of the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) and the Endangered Species Act of 1973, as amended. We hope these comments will assist the Corps and the sponsor in the development and modifications to the final version of design plans. If you have questions regarding our comments, please feel free to contact me at (573) 234-2132, extension 173 or by email at [email protected].

Sincerely, Valerie ~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~ Valerie Hentges Fish and Wildlife Biologist U.S. Fish and Wildlife Service Missouri Ecological Services Field Office 101 Park DeVille Drive Suite A Columbia, Missouri 65203 (573) 234-2132 ext. 173​

This Page Intentionally Left Blank Nosworthy, Paula

From: Boswell, Tokey Sent: Tuesday, May 21, 2019 1:41 PM To: Goss, Brian Subject: Re: [EXTERNAL] Emailing: Request for Comments on the Riverfront Revitalization Project in Omaha Nebraska and Council Bluffs Iowa (Blackburn)

Thanks Brian - we will send this around for a regional review, and route all comments directly to the Corps if they are NEPA related. Other ideas/questions will come back to you/Chris.

On Mon, May 20, 2019 at 12:53 PM Goss, Brian wrote:

Sorry Tokey: Here is the attachment. The project is going to affect some federal flood protection on both sides of the Missouri River, so the Corps of Engineers requires approval and NEPA as part of their approval process.

Regards,

Brian Goss

D 402-399-4933 M 402-980-2546

hdrinc.com/follow-us

From: Boswell, Tokey [mailto:[email protected]] Sent: Monday, May 20, 2019 12:17 PM To: Goss, Brian Subject: Re: [EXTERNAL] Emailing: Request for Comments on the Riverfront Revitalization Project in Omaha Nebraska and Council Bluffs Iowa (Blackburn)

Brian - thanks, no new hire yet, I'm covering. What is the NPS NEPA connection for the Riverfront project? Or just because we live here?

Tokey Boswell

Planning & Compliance Division Program Manager

1 Midwest Regional Office

Office: 402-661-1534

Cell: 319-331-2144

On Fri, May 17, 2019 at 5:32 PM Goss, Brian wrote:

Tokey: The email that we sent to Scott's address "Bounced", so I am sending it to you directly for your use or providing on to a new hire for Scott's position.

Regards,

Brian Goss

2 From: Nosworthy, Paula To: Goss, Brian Subject: FW: [EXTERNAL] Council Bluffs Riverfront Project Agency Coordination Date: Monday, September 14, 2020 10:19:14 AM

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

From: Gabriel, Christine [mailto:[email protected]] Sent: Monday, September 14, 2020 10:16 AM To: Nosworthy, Paula Subject: Re: [EXTERNAL] Council Bluffs Riverfront Project Agency Coordination

CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Paula,

The National Park Service has no comments regarding this project.

best,

c.

From: Nosworthy, Paula Sent: Wednesday, September 2, 2020 5:19 PM To: Gabriel, Christine Subject: [EXTERNAL] Council Bluffs Riverfront Project Agency Coordination

This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding.

Attached is an agency scoping letter with attachments, requesting comments on the Council Bluffs Riverfront Project in Council Bluffs, Iowa. We appreciate your assistance and timely response with this request. Should you have any questions, please contact Chris Koenig at 402-548-5112 or [email protected]. You can also contact Brent Cossette, USACE project manager, at 402- 995-2045 or [email protected].

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

From: Koenig, Chris To: Goss, Brian Subject: FW: Council Bluffs Riverfront Date: Tuesday, September 22, 2020 7:17:15 AM Attachments: Council Bluffs Riverfront DNR 401 comments.pdf image001.jpg image002.jpg image003.jpg image004.jpg

Chris J. Koenig, P.E. Senior Project Manager

HDR 1917 S. 67th Street Omaha, NE 68106-2973 D 402.548.5112 M 402.676.9815 [email protected] hdrinc.com/follow-us

From: Schwake, Christine [mailto:[email protected]] Sent: Tuesday, September 22, 2020 7:14 AM To: Koenig, Chris Subject: Council Bluffs Riverfront

CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Chris,

Here are my comments (attached).

Thanks, Chris

--

Image removed by sender. Christine Schwake | Environmental Specialist Iowa Department of Natural Resources P 515-725-8399 | F 515-725-8202 | 502 E 9th St, Des Moines IA 50319 www.iowadnr.gov

Ill Ill Ill Ill Ill IOWA DEPARTMENT OF NATURAL RESOURCES GOVERNOR KIM REYNOLDS LT. GOVERNOR ADAM GREGG

DIRECTOR KAYLA LYON

September 22, 2020

Mr. Chris Koenig HDR 1917 S. 67th Street Omaha, NE 68106-2973 [email protected]

Subject: Council Bluffs Riverfront

Dear Mr. Koenig:

This letter is in response to your September 1, 2020 email concerning the Council Bluffs Riverfront project. Thank you for inviting my comments.

Waters of the United States (includes wetlands) should not be disturbed if a less environmentally damaging alternative exists. Unavoidable adverse impacts should be minimized to the extent practicable. Any remaining adverse impacts should be compensated for by purchasing mitigation credits from an approved mitigation bank, approved in-lieu fee mitigation or through permittee-responsible restoration and creation activities (enhancement and/or preservation may be in addition to the restoration/creation). Best Management Practices should be used to control erosion and protect water quality near the project.

Any proposed placement of dredged or fill material into waters of the United States (including jurisdictional wetlands) requires Department of the Army Corps of Engineers authorization under Section 404 of the Clean Water Act. When detailed plans are available, please complete and submit an application packet to the Rock Island District Corps of Engineers for processing. You can apply for a DNR Flood Plain permit, DNR Sovereign Lands permit and Corps of Engineers Section 404 permit by going to the new Flood Plain and Sovereign Lands PERMT site and answering a few questions. This application form not only covers the Sovereign Lands permit, but it also covers Flood Plain Approval and the US Army Corps of Engineers 404 Water Quality Permits. You can find the PERMT site at: https://www.iowadnr.gov/Environmental-Protection/Land-Quality/Flood-Plain-Management/Flood-Plain-Dev-Permits . Once you click the “Submit” button the application will be submitted to both the Iowa DNR and the US Army Corps of Engineers. After you submit your application you’ll be able to login and track where it’s at in the process and all final documents will be emailed to you when they are available.

State of Iowa permits potentially needed for your project: http://www.iowadnr.gov/InsideDNR/AboutDNR/BusinessRegulatoryAssistance.aspx

If you have any questions or comments, please contact me by email (preferred) at [email protected], at the address shown below or call (515) 725-8399.

Sincerely,

Christine M. Schwake Environmental Specialist Section 401 Water Quality Certification

502 E 9TH ST, DES MOINES IA 50319 Phone: 515-725-8200 www.IowaDNR.gov Fax: 515-725-8202

Nosworthy, Paula

From: Koenig, Chris Sent: Tuesday, June 11, 2019 12:40 PM To: Goss, Brian Subject: FW: Riverfront Revitalization Project, Omaha, NE and Council Bluffs, IA

Follow Up Flag: Follow up Flag Status: Flagged

Chris J. Koenig, P.E. Senior Project Manager

HDR 1917 S. 67th Street Omaha, NE 68106-2973 D 402.548.5112 M 402.676.9815 [email protected]

hdrinc.com/follow-us

From: Summerlin, Joe [mailto:[email protected]] Sent: Tuesday, June 11, 2019 12:19 PM To: Koenig, Chris Cc: [email protected] Subject: Riverfront Revitalization Project, Omaha, NE and Council Bluffs, IA

Dear Mr. Koenig:

The U.S. Environmental Protection Agency (EPA) has reviewed the U.S. Army Corps of Engineer’s May 17, 2019, “Request for Comments on the Riverfront Revitalization Project” initiating the scoping process for The Corps flood risk reduction improvements to The City of Omaha, NE and The City of Council Bluffs, IA. The EPA comments are provided pursuant to the National Environmental Policy Act (NEPA), Council on Environmental Quality (CEO) regulations (40 CFR §§ 1500-1508) and Section 309 of the Clean Air Act. The purpose of this project is to attract residents, businesses, and visitors to the area while supporting growth and enhancing connectivity. This will be the first set of comments from the Environmental Protection Agency addressing this action and EPA would like to thank The Corps for including us in these discussions. The EPA’s primary focus on this draft is to ensure that the proposed alternative meets the requirements under Section 404 of the Clean Water Act. 404 Permit a. The EPA recommends avoiding and minimizing impacts to wetlands and streams as much as possible before determining the amount of compensatory mitigation that is required. If mitigation is needed, the EPA recommends that mitigation occur in the same HUC 8 or smaller watershed as the location of the project impacts and follow the Corps’ mitigation guidelines for Nebraska and/or Iowa.

b. Information may be generated through the 404 public interest review process that may not be documented during the EA/EIS process and should be considered in the final decision. This could

1 include changes in regulation or processes, advances in the knowledge of the resources to be impacted, discovery of additional populations of threatened or endangered species, new best management practices, and/or improvement in stream or wetland restoration science.

c. If the impacts exceed those outlined by a CWA Section 404 Nationwide Permit, the EPA recommends early coordination with EPA Region 7’s CWA Section 404 Program through the Section 404 Pre- Application process. For further assistance on Section 404 please contact: NEBRASKA IOWA Eliodora Chamberlain Jeannette Schafer (913) 551-7945 (913) 551-7297 [email protected] [email protected]

The EPA’s secondary focus on this draft is to ensure that the Corps includes a small discussion in the draft environmental assessment that includes any alternatives that may have been evaluated but dismissed during the decision-making process.

The EPA thanks you for this opportunity to comment on this project. If you have any questions, please contact Joe Summerlin at (913) 551-7029 or via email at [email protected].

Sincerely,

Joe Summerlin NEPA Project Manager EPA Region 7

2 Nosworthy, Paula

From: Boswell, Tokey Sent: Wednesday, June 26, 2019 11:03 AM To: Goss, Brian Subject: Re: [EXTERNAL] Emailing: Request for Comments on the Riverfront Revitalization Project in Omaha Nebraska and Council Bluffs Iowa (Blackburn)

Hi Brian - we had several people review and get excited about the project, but no formal comments! Thanks for the double check.

Tokey Boswell Planning & Compliance Division Program Manager Midwest Regional Office Office: 402-661-1534 Cell: 319-331-2144

On Mon, Jun 24, 2019 at 3:30 PM Goss, Brian wrote:

Greetings Tokey. We have drafted a summary of comments received to date. We will be discussing the input tomorrow with USACE. I don’t recall getting any input from NPS through USACE, but figured I would check with you first.

Regards,

Brian Goss

D 402-399-4933 M 402-980-2546

hdrinc.com/follow-us

From: Boswell, Tokey [mailto:[email protected]] Sent: Tuesday, May 21, 2019 1:41 PM To: Goss, Brian Subject: Re: [EXTERNAL] Emailing: Request for Comments on the Riverfront Revitalization Project in Omaha Nebraska and Council Bluffs Iowa (Blackburn)

Thanks Brian - we will send this around for a regional review, and route all comments directly to the Corps if they are NEPA related. Other ideas/questions will come back to you/Chris.

1

On Mon, May 20, 2019 at 12:53 PM Goss, Brian wrote:

Sorry Tokey: Here is the attachment. The project is going to affect some federal flood protection on both sides of the Missouri River, so the Corps of Engineers requires approval and NEPA as part of their approval process.

Regards,

Brian Goss

D 402-399-4933 M 402-980-2546

hdrinc.com/follow-us

From: Boswell, Tokey [mailto:[email protected]] Sent: Monday, May 20, 2019 12:17 PM To: Goss, Brian Subject: Re: [EXTERNAL] Emailing: Request for Comments on the Riverfront Revitalization Project in Omaha Nebraska and Council Bluffs Iowa (Blackburn)

Brian - thanks, no new hire yet, I'm covering. What is the NPS NEPA connection for the Riverfront project? Or just because we live here?

Tokey Boswell

Planning & Compliance Division Program Manager

Midwest Regional Office

Office: 402-661-1534

Cell: 319-331-2144

On Fri, May 17, 2019 at 5:32 PM Goss, Brian wrote: 2 Tokey: The email that we sent to Scott's address "Bounced", so I am sending it to you directly for your use or providing on to a new hire for Scott's position.

Regards,

Brian Goss

3

This Page Intentionally Left Blank Nosworthy, Paula

From: Nosworthy, Paula Sent: Thursday, June 27, 2019 11:18 AM To: Goss, Brian; Koenig, Chris Subject: FW: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa Attachments: Steven Fender.vcf

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected] hdrinc.com/follow-us

From: Flynn, Matt (FRA) [mailto:[email protected]] Sent: Thursday, June 27, 2019 10:51 AM To: Nosworthy, Paula Subject: FW: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Good Morning Ms. Nosworthy,

I am reaching out to you on behalf of the Federal Railroad Administration – Omaha Office, Region 6. As outlined in the email below, you contacted my Regional Administrator regarding the Riverfront Revitalization Project and he informed you that I am the Chief Inspector in this area. I am offering you my assistance regarding this project. Please feel free to contact me via email or by phone if you need any guidance from me or my agency. I look forward to helping out if needed.

Respectfully,

Matthew Flynn DOT/Federal Railroad Administration Chief Inspector/Drug and Alcohol PO Box 241706 Omaha, NE 68124 402‐319‐9455 [email protected]

From: Fender, Steven (FRA) Sent: Tuesday, May 21, 2019 12:06 PM

1 To: Nosworthy, Paula Cc: Flynn, Matt (FRA) ; Johnson, Arthur (FRA) ; [email protected]; [email protected]; Cleveland, William (FRA) Subject: RE: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Paula.

We will assign someone from our Omaha office to track this and offer any support in a “non-regulatory - advisory fashion” as appropriate. Chief Inspector Matt Flynn is our local manager there and will share the name of a point person to support.

Feel free to reach out to me directly if we can assist or offer specific support of any kind. Omaha is my home town by chance and in my Region of course. So we have interest in offering support.

My contact card is attached. Steve

Steven J. Fender Regional Administrator – 6 USDOT - Federal Railroad Administration [email protected] 816-329-3840

From: Nosworthy, Paula [mailto:[email protected]] Sent: Friday, May 17, 2019 2:06 PM To: Fender, Steven (FRA) Subject: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Attached is an agency scoping letter with attachments, requesting comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa. We appreciate your assistance and timely response with this request. Should you have any questions, please contact Chris Koenig at 402‐548‐5112 or [email protected]. You can also contact Brent Cossette, USACE project manager, at 402‐995‐2045 or [email protected].

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected] hdrinc.com/follow-us

2 Nosworthy, Paula

From: Sieren, Joshua - NRCS, Oakland, IA Sent: Monday, June 3, 2019 11:50 AM To: Goss, Brian Cc: Richardson, Bradley - NRCS, Council Bluffs, IA; Darrington, Brooke - NRCS Council Bluffs, IA Subject: RE: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Follow Up Flag: Follow up Flag Status: Flagged

Brian,

Reviewed the mailed documents for the Riverfront Revitalization Project for Council Bluffs. I don’t have any concerns that would potentially involve NRCS at the NRCS Field Office level. Looks like a good project. I appreciate the notification of the Council Bluffs Field Office and hope you will continue to do so as you move through the project.

Good Luck!

Joshua M. Sieren | District Conservationist | Certified Crop Adviser | USDA | NRCS | Oakland & Harlan Field Offices |(O) (712)482‐6408, (H) (712)755‐2417 |

From: Goss, Brian Sent: Monday, May 20, 2019 11:16 AM To: Sieren, Joshua ‐ NRCS, Oakland, IA Subject: FW: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Josh: Our email to Dale bounced, and we found out that he retired and you are his replacement, so am forwarding this email to you. USACE has also asked that we mail the Early Coordination package to you, so we plan on getting that in the mail to you today.

Regards,

Brian Goss D 402-399-4933 M 402-980-2546 hdrinc.com/follow-us

From: Nosworthy, Paula Sent: Friday, May 17, 2019 1:49 PM To: '[email protected]' Subject: Request for Comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Attached is an agency scoping letter with attachments, requesting comments on the Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa. We appreciate your assistance and timely response with this request.

1 Should you have any questions, please contact Chris Koenig at 402‐548‐5112 or [email protected]. You can also contact Brent Cossette, USACE project manager, at 402‐995‐2045 or [email protected].

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected] hdrinc.com/follow-us

This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.

2 Nosworthy, Paula

From: Nosworthy, Paula Sent: Wednesday, July 17, 2019 3:27 PM To: Goss, Brian Subject: FW: Environmental Review for Natural Resources 17047 Attachments: IBat Guidelines 2013.pdf

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

From: Moore, Seth [mailto:[email protected]] Sent: Wednesday, July 17, 2019 2:18 PM To: Nosworthy, Paula ; Koenig, Chris Cc: [email protected]; Kristen Lundh Subject: Environmental Review for Natural Resources 17047

Riverfront Revitalization Project

Council Bluffs

Pottawattamie County

Thank you for inviting Department comment on the impact of this project. The Department has records of several state-Endangered species that may be impacted by this project depending on the nature of the renovations in the area. This includes the Pallid Sturgeon (Scaphirhynchus albus), the least tern (Sterna antillarum) and the piping plover (Charadrius melodus). These species are also federally protected.

Department records and data are not the result of thorough field surveys. If listed species or rare communities are found during the planning or construction phases, additional studies and/or mitigation may be required.

1

The Northern Long-Eared Bat (Myotis septentrionalis), a federally threatened species, has the potential to inhabit this area of the state and may occur in the area of this project. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. During the summer, northern long- eared bats roost singly or in colonies underneath bark, in cavities or in crevices of both live trees and snags (dead trees) and may roost in structures such as old buildings, culverts, and bridges.

The enclosed guidelines provide information about the habitat requirements and survey methods for Indiana bat summer habitat. These guidelines may also be used for the northern long-eared bat. If it appears that you will disturb potential Indiana bat and/or northern long-eared bat summer habitat, and seasonal tree removal guidelines cannot be met, we suggest that you contact the US Fish and Wildlife Service regarding this project. The Rock Island Field Office may be reached at (309) 757-5800 or 1511 47th Ave, Moline IL 61265-7022.

This letter is a record of review for protected species, rare natural communities, state lands and waters in the project area, including review by personnel representing state parks, preserves, recreation areas, fisheries and wildlife but does not include any comment from the Environmental Services Division of this Department. This letter does not constitute a permit. Other permits may be required from the Department or other state or federal agencies before work begins on this project.

Please reference the following DNR Environmental Review/Sovereign Land Program tracking number assigned to this project in all future correspondence related to this project: 17047.

If you have questions about this letter or require further information, please contact me at (515) 725- 8464.

Sincerely,

Seth Moore | Environmental Specialist

The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Iowa Department of Natural Resources P 515‐725‐8464 | F 515‐725‐8201 | 502 E. 9th St., Des Moines, IA 50319

www.iowadnr.gov

2

Counties Affected: Adair, Appanoose, Boone, Cedar, Clarke, Dallas, Davis, Decatur, Des Moines, Guthrie, Henry, Iowa, Jasper, Jefferson, Johnson, Keokuk, Lee, Louisa, Lucas, Madison, Mahaska, Marion, Marshall, Monroe, Muscatine, Polk, Poweshiek, Ringgold, Scott, Story, Tama, Taylor, Union, Van Buren, Wapello, Warren, Washington, and Wayne

These guidelines were prepared to provide information about the Indiana bat and its summer habitat requirements in Iowa and to prevent inadvertent harm to the species Additional Information through various human activities. This update of the

The Iowa Department of Natural Resources is available guidelines is in response to changes in the US Fish and to identify qualified professionals who conduct habitat Wildlife Service requirements for protecting this surveys and bat surveys. endangered species. The changes include:

Please contact the US Fish and Wildlife Service for x No cut dates changed to April 1through September information about the most current federal guidelines for 30

the Indiana bat. x Updated US Fish and Wildlife Service guidelines for

mist net surveys These guidelines may be revised based on the availability of new research or management information The Indiana bat is a federal (50 CFR Part 17) and state or to clarify particular points in the guidelines. (Code of Iowa, Chapter 481B) endangered species that occurs in southern Iowa from April through September.

US Fish and Wildlife Service Female Indiana bats (Myotis sodalis) have their young Rock Island Field Office beneath loose or peeling tree bark. Most nursery colonies 1511 47th Ave have been found on the trunk or large branches beneath Moline IL 61265-7022 the bark of standing dead trees. The nursery colonies are located along streams and rivers or in upland forest areas. Phone: (309) 757-5800 Trees that retain sheets or plates of bark that provide space beneath the bark when dead, such as red oak, post oak, and cottonwood, are potential roost trees. Live trees Iowa Department of Natural Resources such as shagbark and shellbark hickory are also Endangered Species Coordinator occasionally used as roosts. Wallace State Office Building 502 E 9th St Indiana bats have also been captured on the edge of Des Moines IA 50319-0034 urban areas. It is likely that the bats would use areas on the edge of urban areas only if there is suitable habitat Phone: (515) 281-5918 such as a greenbelt or a large park with a natural forest Fax: (515) 281-6794 component. This would exclude city parks that are maintained as mowed areas. Indiana Bat Summer Habitat in Iowa Survey Methods for Indiana Bat Summer Habitat

Step 1: Determine if there is 10% or greater forest cover or if a 10 acre block of forest that is connected to another forest area and permanent water is within ½ mile of the project site go to Step 2.

If forest area is less than 10 acres and isolated by ¼ mile or more from other forest, then there is no need to continue survey efforts.

Step 2: Conduct a survey of the project area that will be cleared or cut to determine if standing trees that have 10% or greater loose or peeling bark on the trunks and main limbs are present. The amount of loose or peeling bark is based on visual estimation. This will include both upland and floodplain forests. Areas that are too large for complete counts may be sampled using techniques such as point-quarter, tenth- hectare quadrats or other acceptable forest sampling techniques.

If clearing and grubbing activities will not begin until after April 1, the survey should extend 50 yards beyond the area to be cleared. This buffer will reduce the potential for harm to roosting bats near the edge of the area to be disturbed.

If a survey of the habitat within the project area finds that suitable summer habitat for the Indiana Bat, as defined above, is present then there are two options available:

Counties Affected

Adair, Appanoose, Boone, Cedar, Clarke, Dallas, Davis, Decatur, Des Moines, Guthrie, Henry, Iowa, Jasper, Jefferson, Johnson, Keokuk, Option 1: Lee, Louisa, Lucas, Madison, Mahaska, Marion, Marshall, Monroe, Muscatine, Polk, Poweshiek, Ringgold, Scott, Story, Tama, Taylor, Conduct a mist net survey of the project area for the Union, Van Buren, Wapello, Warren, Washington, and Wayne presence Indiana bats. The US Fish and Wildlife Service has guidelines for conducting mist net surveys. You may request The US Fish and Wildlife Service considers these counties, as being within the potential range of the species in Iowa. a copy of the survey guidelines from the Rock Island Field

office at the address listed on the back of this document. Submit results to the Rock Island Field Office and the Iowa Department of Natural Resources.

Summer Habitat Requirements

Suitable summer habitat in Iowa is considered to have If Indiana bats are found during the survey then no removal In Iowa, records for the Indiana bat have occurred in the following within a one-half or one mile radius of a of trees will be allowed between April 1and September 30. areas of 10% or greater forest cover and near location: permanent water. Trees with slabs or plates of loose x Forest cover of 10% or greater within one-half mile. Option 2: bark are considered suitable as summer roosts. x Permanent water within one-half mile. If the proposed project will disturb or remove less than 2- x The potential roost trees ranked as moderate or acres of forest, tree clearing and cutting may be done after high for peeling or loose bark within one mile. September 30 and before April 1.

From: Nosworthy, Paula To: Goss, Brian Subject: FW: Council Bluffs Riverfront Project Agency Coordination Date: Thursday, September 3, 2020 9:21:38 AM

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

From: Vandemark, Holly [mailto:[email protected]] Sent: Thursday, September 3, 2020 9:21 AM To: Nosworthy, Paula ; Koenig, Chris Cc: Montana, Jessica ; Kelly Stone ; Chris j Larson ; Mark A. Augustine Subject: Council Bluffs Riverfront Project Agency Coordination

CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Good morning Paula and Chris,

Thank you for your input request.

With respect to DNR Field Office 4 permit inspections, NPDES General Permit No. 2, Storm Water Discharge Associated with Construction Activities, is applicable. Forms are available online at https://www.iowadnr.gov/Environmental-Protection/Water- Quality/NPDES-Storm-Water

I copied DNR Floodplain and DNR Conservation/Recreation personnel who can help you with floodplain permitting requirements, sensitive areas, wildlife issues, etc.

Finally, please contact the City of Council Bluffs Public Works Department to obtain appropriate storm water/grading/etc. permits and inquire about domestic water resources/ noxious weeds ordinances. I copied Mark Augustine, P.E., Civil Engineer II, City of Council Bluffs.

I hope this information is helpful to you.

Holly Vandemark DNR FO4 712-250-8645

Holly Vandemark| Environmental Specialist Senior Iowa Department of Natural Resources R 1401 Sunnyside LN, Atlantic, IA 50022 P 712-243-1934 | F 712-243-6251

www.iowadnr.gov

------Forwarded message ------From: Nosworthy, Paula Date: Wed, Sep 2, 2020, 3:24 PM Subject: Council Bluffs Riverfront Project Agency Coordination To: [email protected]

Attached is an agency scoping letter with attachments, requesting comments on the Council Bluffs Riverfront Project in Council Bluffs, Iowa. We appreciate your assistance and timely response with this request. Should you have any questions, please contact Chris Koenig at 402-548-5112 or [email protected]. You can also contact Brent Cossette, USACE project manager, at 402-995-2045 or [email protected].

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

From: Vandemark, Holly To: Nosworthy, Paula; Koenig, Chris Subject: Fwd: Unavailable Re: Council Bluffs Riverfront Project Agency Coordination Date: Thursday, September 3, 2020 9:23:39 AM

CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

FYI

Holly Vandemark| Environmental Specialist Senior

Iowa Department of Natural Resources Iii 1401 Sunnyside LN, Atlantic, IA 50022

P 712-243-1934 | F 712-243-6251 [I]

[I] www.iowadnr.gov

------Forwarded message ------From: Stone, Kelly Date: Thu, Sep 3, 2020 at 9:20 AM Subject: Unavailable Re: Council Bluffs Riverfront Project Agency Coordination To:

I will be on vacation until Sep 8. I will respond to your email as quickly as possible when I return. For assistance with general questions such as how to access forms or how to apply for a flood plain permit, please visit our website at http://floodplain.iowadnr.gov. You may submit more specific questions to our new email address: [email protected].

--

Mr. Kelly M. Stone, P.E.| Flood Plain Management Engineer

Iowa Department of Natural Resources Iii 502 E. 9th St., Des Moines, IA 50319

P 515-725-8312 | F 515-725-8202 | Help Line 866-849-0321 [I]

[g www.iowadnr.gov

From: Nosworthy, Paula To: Goss, Brian Subject: FW: [EXTERNAL] Council Bluffs Riverfront Project Agency Coordination Date: Thursday, September 3, 2020 9:12:16 AM

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

From: Hoover, Courtney L [mailto:[email protected]] Sent: Thursday, September 3, 2020 9:07 AM To: Nosworthy, Paula Subject: Re: [EXTERNAL] Council Bluffs Riverfront Project Agency Coordination

CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Morning, thank you for sharing this. I will get it out to our bureaus to look at. If they have any comments I anticipate that they will provide a response directly back.

Courtney Hoover Regional Environmental Officer, Denver Office of Environmental Policy and Compliance Department of the Interior Regions 5 (Missouri Basin) and 7 (Upper Colorado Basin)

303-478-3373 (Cell) Denver Federal Center, Building 46 P.O. Box 25207 Denver, CO 80225

From: Nosworthy, Paula Sent: Wednesday, September 2, 2020 4:21 PM To: Hoover, Courtney L Subject: [EXTERNAL] Council Bluffs Riverfront Project Agency Coordination

This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding.

Attached is an agency scoping letter with attachments, requesting comments on the Council Bluffs Riverfront Project in Council Bluffs, Iowa. We appreciate your assistance and timely response with this request. Should you have any questions, please contact Chris Koenig at 402-548-5112 or [email protected]. You can also contact Brent Cossette, USACE project manager, at 402- 995-2045 or [email protected].

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

From: Nosworthy, Paula To: Goss, Brian Subject: FW: Council Bluffs Riverfront Project Agency Coordination Date: Thursday, September 3, 2020 8:23:38 AM

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

From: Bobo, Karen (FHWA) [mailto:[email protected]] Sent: Wednesday, September 2, 2020 6:00 PM To: Nosworthy, Paula Cc: Marshall, Timothy (FHWA) ; Johnson, Mark (FHWA) ; Wilson, Andrew (FHWA) Subject: RE: Council Bluffs Riverfront Project Agency Coordination

CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Paula!

As of May 2019, I was no longer the Division Administrator for the FHWA Iowa Division. I have forwarded your email to Timothy Marshall, Iowa’s current Division Administrator, Mark Johnson, and Andy Wilson. To ensure that future correspondence reaches the Iowa Division Administrator, please replace my name with Timothy Marshall.

Have a wonderful evening!

Karen

Karen A. Bobo Director – Center for Transportation Workforce Development Federal Highway Administration Office: (202) 366-1333 Cell: (317) 460-0214

From: Nosworthy, Paula [mailto:[email protected]] Sent: Wednesday, September 2, 2020 6:11 PM To: Bobo, Karen (FHWA) Subject: Council Bluffs Riverfront Project Agency Coordination

CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe.

Attached is an agency scoping letter with attachments, requesting comments on the Council Bluffs Riverfront Project in Council Bluffs, Iowa. We appreciate your assistance and timely response with this request. Should you have any questions, please contact Chris Koenig at 402-548-5112 or [email protected]. You can also contact Brent Cossette, USACE project manager, at 402- 995-2045 or [email protected].

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

From: Nosworthy, Paula To: Goss, Brian Subject: FW: Staffing Change Re: Council Bluffs Riverfront Project Agency Coordination Date: Thursday, September 3, 2020 8:23:17 AM

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

From: King, Steve [mailto:[email protected]] Sent: Wednesday, September 2, 2020 5:23 PM To: Nosworthy, Paula Subject: Staffing Change Re: Council Bluffs Riverfront Project Agency Coordination

CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Thank you for your email. Steve King is no longer with the Iowa State Historic Preservation Office.

Please contact Heather Gibb ([email protected]) who is Interim Deputy Historic Preservation Officer for assistance or with any general inquiries on historic preservation, projects and Section 106.

Please contact Lori Unick ([email protected]) for questions on Historic Preservation Tax Credits.

This Page Intentionally Left Blank From: Nosworthy, Paula To: Goss, Brian Subject: FW: West Pott SWCD Contact Date: Thursday, September 3, 2020 2:12:18 PM Attachments: Sieren - Council Bluffs Riverfront Project.pdf

Paula Nosworthy Administrative Assistant / Roadway Group

HDR 1917 S. 67th Street Omaha, NE 68106

D 402.548.5030 [email protected]

hdrinc.com/follow-us

From: Bauer, Brooke - NRCS, Council Bluffs, IA [mailto:[email protected]] Sent: Thursday, September 3, 2020 11:28 AM To: Nosworthy, Paula Subject: West Pott SWCD Contact

CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Paula,

You had sent this out to Josh Sieren and he is no longer in Pottawattamie County. We have a new District Conservationist. Could you please update your contacts to have any future correspondence go to her? I did already forward her your last email.

Keith Feliciano- Coretes [email protected] 712-328-2489 ext 3369

Thank you!

Brooke Bauer Conservation Assistant West Pottawattamie SWCD 305 McKenzie Ave Council Bluffs, IA 51503 712-328-2489

This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. Pawnee Nation of Oklahoma

Monday, June 24, 2019

Chris Koenig HDR Engineering Inc. 1917 South 67th Street Omaha, Nebraska 68106-2973

RE: Section 106 Consultation and Review on: Riverfront Revitalization Project in Omaha, Nebraska and Council Bluffs, Iowa

Dear Mr. KoenigS,

The Pawnee Nation Office of Historic Preservation has received the information and materials requested for our Section 106 Review and Consultation. Consultation with the Pawnee Nation is required by Section 106 of the National Historic Preservation Act of 1966 (NHPA), and 36 CFR Part 800.

Given the information provided, you are hereby notified that the proposed project will not adversely affect the cultural landscape of the Pawnee Nation. Therefore, in accordance with 36 CFR 800.4(d) (1), you may proceed with your proposed project. However, please be advised that if undiscovered properties are encountered, they must be immediately reported to us under both the NHPA and NAGPRA regulations.

This information is provided to assist you in complying with 36 CFR Part 800 for Section 106 Consultation procedures. Should you have questions, please do not hesitate to contact me at [email protected] or by phone at 918-762- 2180 ext 220. Thank you for your time and consideration.

Sincerely, Matt Reed Historic Preservation Officer Pawnee Nation of Oklahoma

Historic Preservation Office Matt Reed Phone: 918.762.2180 Fax: 918.762.3662 E-mail: [email protected] P.O. Box 470 Pawnee, Oklahoma 74058

This Page Intentionally Left Blank From: Lance Foster [mailto:[email protected]] Sent: Wednesday, July 10, 2019 10:49 AM To: '[email protected]' Cc: Alan Kelley Subject: Omaha-Council Bluffs Riverfront Development

Hi Sandy

Per your letter (from Eric Laux), the Iowa Tribe of KS and NE would like to be a consulting party for the Omaha-Council Bluffs Riverfront Development project. We have historic sites on both sides of the Missouri River in that area. Thank you

Lance M. Foster THPO / NAGPRA / Baxoje Wosgąci: Iowa Tribal Museum and Culture Center Iowa Tribe of Kansas and Nebraska 3345 B Thrasher Rd. White Cloud, KS 66094 Phone: 785-595-3345 Email: [email protected] Website: BlockedBlockedhttps://www.iowaymuseum.com/

This Page Intentionally Left Blank u.s. FISH & Wll,111,H'E United States Department of the Interior SERVICE

FISH AND WILDLIFE SERVICE 9325 South Alda Road Wood River, Nebraska 68883

January 28, 2020

FWS-NE: 2019-168

Mr. Aaron Quinn Environmental Resource Specialist Omaha District Planning Division U.S. Army Corps of Engineers 1616 Capitol A venue Omaha, Nebraska 68102

RE: Omaha Riverfront Revitalization Project, Missouri River, Douglas County, Nebraska

Dear Mr. Quinn:

This responds to your December 19, 2019, request for review and consultation with the U.S. Fish and Wildlife Service (Service) regarding modifications to federally authorized flood protection systems in Omaha (Omaha Missouri River Levee R627) along the Missouri River. Proposed modifications are located at river mile 616 on the Missouri River in Douglas County, Nebraska. Modifications to the levee system or flood wall include construction or modification of piers, overlooks, trails, and pedestrian bridges over or adjacent to the floodwall, or within the floodplain. The project would result in creation of open spaces, botanic gardens, kiosks, and other public amenities, collectively referred to as the Omaha Riverfront Revitalization Project. The Corps is the action agency and has prepared a programmatic Environmental Assessment (EA) under the National Environmental Policy Act (NEPA) to address modifications to the levee system and creation and enhancement of the public amenities associated with the revitalization project.

The Service has responsibility for conservation and management of fish and wildlife resources for the benefit of the American public under the following authorities: 1) Endangered Species Act of 1973 (ESA); 2) Fish and Wildlife Coordination Act; 3) Bald and Golden Eagle Protection Act (Eagle Act); and 4) Migratory Bird Treaty Act (MBTA). Compliance with all of these statutes and regulations is required to be in compliance with the NEPA.

INTERIOR REGION S INTERIOR REGION 7 MISSOURI BASIN UPPER COLORADO RIVER BASIN KANSAS, MONTANA*, NEBRASKA, NORTH DAKOTA. COLORADO, NEW MEXICO, UTAH, WYOMING SOUTH DAKOTA •rARTIAL 2

ENDANGERED SPECIES ACT

Pursuant to section 7(a)(2) of the ESA, every federal agency, shall in consultation with the Service, ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat. If a proposed project may affect federally listed species or designated critical habitat, section 7 consultation is required.

The Service has completed its review of the EA and the associated Biological Evaluation (BE) dated November 25, 2019, and concurs with the Corps' determination that the proposed project may affect, but is not likely to adversely affect, the Northern long-eared bat and pallid sturgeon. We base our concurrence on the conservation measures included within Table 2 of your BE, which was provided as an attachment within your December 19, 2019, email request for consultation.

We acknowledge the no effect determination for the Interior least tern, piping plover, western prairie fringed orchid, and rufa red knot due to the lack of species occurrence or suitable habitat. Additionally, based on our review and the information provided by the Corps in the above mentioned BE, we agree there is no post-2019 flood nesting habitat for least terns and piping plovers and thus, implementation of conservation measures is unnecessary.

All federally listed species under the ESA arc also state-listed under the Nebraska Nongame and Endangered Species Conservation Act. However, there are also state-listed species that are not federally listed. To determine if the proposed project may affect state-listed species, please contact Melissa Marinovich ([email protected]) at the Nebraska Game and Parks Commission (NGPC), 2200 North 33rd Street, Lincoln, NE 68503-0370.

REVIEW, COMMENTS, AND RECOMMENDATIONS ON THE PROPOSED PROJECT ACTION UNDER OTHER FISH AND WILDLIFE STATUTES

Fish and Wildlife Coordination Act

The FWCA requires consultation with us and State fish and wildlife agency for the purpose of giving equal consideration to fish and wildlife resources in the planning, implementation, and operation of federal and federally funded, permitted, or licensed water resource development projects. The FWCA requires that federal agencies take into consideration the effect that water related projects may have on fish and wildlife resources, to take action to avoid impact to these resources, and to provide for the enhancement of these resources.

If wetlands or streams will be impacted by the proposed project, a Department of the Army permit from the U.S. Army Corps of Engineers may be needed. We will provide FWCA comments pursuant to a permit application. We recommend that impacts to wetlands, streams, and riparian areas be minimized and avoided.

To determine if the proposed project may affect fish and wildlife resources of the State of Nebraska under the FWCA, we recommend that the Corps contact Shannon Sjolie, NGPC, 2200 North 33 rd Street, Lincoln, NE 68503-0370. 3

Bald and Golden Eagle Protection Act

The Eagle Act provides for the protection of the bald eagle (Haliaeetus leucocephalus) and golden eagle (Aquila chrysaetos). The golden eagle is found in arid, open country with grassland for foraging in western Nebraska and usually near buttes or canyons which serve as nesting sites. Golden eagles are often a permanent resident in the Pine Ridge area of Nebraska. Bald eagles utilize mature, forested riparian areas near rivers, streams, lakes, and wetlands and occur along all the major river systems in Nebraska. The bald eagle southward migration begins as early as October and the wintering period extends from December-March. Additionally, many eagles nest in Nebraska from mid-February through mid-July. Disturbances within 0.5-mile of an active nest or within line-of-sight of the nest could cause adult eagles to discontinue nest building or to abandon eggs. Both bald and golden eagles frequent river systems in Nebraska during the winter where open water and forested corridors provide feeding, perching, and roosting habitats, respectively. The frequency and duration of eagle use of these habitats in the winter depends upon ice and weather conditions. Human disturbances and loss of wintering habitat can cause undue stress leading to cessation of feeding and failure to meet winter thermoregulatory requirements. These effects can reduce the carrying capacity of preferred wintering habitat and reproductive success for the species.

Based on the information you provided in your "Riverfront and Revitalization TE and Bald Eagle Memo," dated November 25, 2019, it appears bald eagle habitat and active nests occur within the vicinity of the project. At least one bald eagle nest is believed to be active and two additional eagle nests may also be active. Due to the timing (i.e., foliage obscured nests in July) and circumstances (i.e., extensive flooding), which were impediments to the initial bald eagle survey, we recommend additional surveys to determine whether previously located nests are active, and to determine if additional nests are present. We recommend using the "Nebraska Game and Parks Commission Bald Eagle Survey Protocol" (Enclosed) for conducting the recommended bald eagle surveys associated with this project. Surveys should be conducted annually within the project area, using the survey protocol, if project construction will occur over a multi-year period. After determining the number and location of active bald eagle nests, we recommend the Corps follow the "2007 National Bald Eagle Management Guidelines" (Service 2007), which provides recommendations to avoid and/or minimize impacts to active bald eagle nests.

Migratory Bird Treaty Act

Under the MBTA (16 U.S.C. 703-712: Ch. 128 as amended) construction activities in grassland, roadsides, wetland, riparian (stream), shrubland and woodland habitats, and those that occur on bridges or culverts (e.g., which may affect swallow nests on bridge girders) that would otherwise result in the impacts to migratory birds, eggs, young, and/or active nests should be avoided. Although the provisions ofMBTA are applicable year-round, most migratory bird nesting activity in Nebraska occurs during the period of April 1 to July 15. However, some migratory birds are known to nest outside of the aforementioned primary nesting season period. For example, raptors can be expected to nest in woodland habitats during February 1 through July 15, whereas sedge wrens, which occur in some wetland habitats, normally nest from July 15 to September 10. 4

We recommend that the Corps avoid removal or impacts to vegetation during primary nesting season of breeding birds. In the event that construction work cannot be avoided during peak breeding season, we recommend that the project manager (or construction contractor) arrange to have a qualified biologist conduct an avian pre-construction risk assessment of the affected habitats (grassed drainages, streamside vegetation) to determine the absence or presence of breeding birds and their nests. Surveys should be conducted during the nesting season. Breeding bird and nesting surveys should use appropriate and defensible sampling designs and survey methods to assist the proponent in avoiding the unnecessary take of migratory birds. We further recommends that field surveys for nesting birds, along with information regarding the qualifications of the biologist(s) performing the surveys, be thoroughly documented and that such documentation be maintained on file by the project proponent (and/or construction contractor) until such time as construction on the proposed project has been completed.

We request that the following be provided to this office prior to the initiation of the proposed project if the above conditions occur.

a) A copy of any survey(s) for migratory birds done in conjunction with this proposed project, if any. The survey should provide detail in regard to survey methods, date and time of survey, species observed/heard, and location of species observed relative to the proposed project site.

b) Written description of specific work activity that will take place in all proposed project areas.

c) Written description of any avoidance measures that can be implemented at the proposed project site to avoid the take of migratory birds.

The Service appreciates the opportunity to comment on this project. Should you have any questions regarding these comments, please contact Mr. Matt Rabbe within our office at (308) 382-6468, extension 205 or matt [email protected].

Sincerely, ~~ Eliza Hines Nebraska Field Supervisor 5

Literature Cited

U.S. Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines. https://www.fws.gov/northeast/ecologicalservices/pdf/NationalBaldEagleManagementGuidelines .,pdf

Enclosures cc: Melissa Marinovich, Assistant Division Administrator, Nebraska Game and Parks Commission Shannon Sjolie, Environmental Analyst Supervisor, Nebraska Game and Parks Commission 6

Bald Eagle Survey Protocol Nebraska Game and Parks Commission

Background Bald eagles (Haliaeetus leucocephalus) utilize the mature, forested areas along the major river systems in Nebraska. Eagles are present throughout the year in Nebraska as they both breed and winter in Nebraska. Nest building activity may begin as early as December. Nests are typically built near rivers, lakes, and reservoirs and in Nebraska are most often in large cottonwood trees, although bald eagles use other types of trees nationwide. The nests are constructed with large sticks and lined with leaves and grasses. A breeding pair will often return to the same nest and add new material each year. Nests can become 8 feet across and 12 feet deep. Nesting activities begin with egg laying, which occurs as early as February. Fledging takes place when the young are approximately 10 - 11 weeks old, however the young remain near the nest and are dependent on the adults for food for at least another 6 weeks. In Nebraska, the nesting season continues through August.

The bald eagle southward migration begins as early as October and the wintering period extends from December through March. Breeding pairs may stay at their nest site year round if food is available. Eagles are often most numerous from late-February through early-March, when wintering numbers are supplemented by migrants that wintered further south. All migrants that breed elsewhere typically leave by late-March. Wintering eagle numbers fluctuate from year-to­ year, but birds typically concentrate in areas with large open water where food is available and form winter roosts. In Nebraska, there are often few locations that provide adequate resources for eagles during the winter. Protection of these areas is important, as relocation during the winter may impact survival. Roosts may be in deciduous or coniferous trees, but in Nebraska, most are in cottonwood trees. Eagles may establish winter roosts miles from the foraging areas (Keister et al. 1985). Winter roosting may assist with finding resources (Knight and Knight 1983) and pair bond formation. In Nebraska, some communal roost sites can have as many as 100 eagles (Nebraska Game and Parks Commission 1993).

Purpose Eagle surveys are designed to ensure awareness and resolution to any potential conflicts between bald eagle and potentially disruptive human activities. To document the presence or absence of bald eagles and their activities, two types of surveys are recommended: nest surveys and winter roost surveys. These should be considered when a disturbance will occur within 0.5-mile of areas of suitable habitat for bald eagles.

Nest Surveys Bald eagle nests are usually conspicuous and distinctive, but it must be stressed that nests can be well-concealed and very difficult to see, particularly when trees have foliage. Nest surveys should include a full inspection of potential trees for bald eagle nests within 0.5-mile of the project in areas considered suitable habitat. Transects should be recorded using GPS. In addition to nests, any bald eagles observed during the survey and their behavior should be noted. Potential nests should be observed from a distant location that does not disturb the eagles to confirm the presence or absence of eagles. Nest surveys are to be conducted by a qualified 7

biologist. Results of surveys and transect locations should be sent to the Nebraska Game and Parks Commission (NGPC) and U.S. Fish and Wildlife Service (USFWS).

If construction will begin between February 1 and April 15, a nest survey must be completed at least one but not more than 14 days prior to construction. If construction will begin between April 15 and October 1, a nest survey completed in March is sufficient, as nests will likely already be constructed if nesting will occur that year. However, a nest survey may be completed anytime during this timeframe, as long as it is completed prior to construction. If bald eagles are nesting in the area, coordination with NGPC and USFWS will be recommended, so it is in the project proponent's best interest to complete the survey and notify the agencies as early as possible.

(See Figure 1, timing diagram below)

Winter Roost Surveys: For the purposes of avoiding adverse impacts to wintering bald eagles, two types of roosts are defined. Transitory roosts are defined as three or more eagles within 100 meters of each other, for at least two nights in an area with no previous knowledge of winter communal roosting. Communal roosts are defined as six or more eagles in a small area for an extended period of time or an area used for multiple years. Communal roosts in Nebraska are monitored so typically, their existence will be known and avoidance measures will be established prior to construction.

If construction will be occurring in an area near suitable habitat (near open water with large trees present) where there is no prior knowledge of a communal roost site and construction will be occurring between October 1 and January 31, winter roost surveys are necessary. Winter roost surveys should begin at least one-day prior to the first date of construction. Winter roost surveys should be conducted daily at dawn as the eagles are likely to leave the roost to forage within the first hour of daylight (depending on weather conditions). These surveys need only be conducted in the area of active construction, not the entire project area. Surveys should be completed by a trained individual using appropriate binoculars or spotting scope. Survey reports should be submitted weekly to the NGPC and USFWS. Evidence of a roost should be reported immediately.

Please note, eagles seen soaring over a construction site should be watched to observe potential nesting or roosting, but construction does not need to terminate due to soaring behavior. 8

Figure 1- Bald Eagle Timing Diagram

Decem/)er Jwwary Fe/Jruwy Marcil April May June July August Septem/Jer Octo/Jer November Decem/Jer

Nest buildinc nest buildin Bald Eagle . Winter Activity Whiter Actiilies .astMtles

Required ~JOaffysurvews for Al survey 2 weeks Surveys Wiliter roosts . prior B) One survey com leted in March

A) Projects starting between February ·1 to April ·15 must have a nest survey completed 1-·14 clays prior to the start of construction B) Projects starting between April ·15 to October ·1 need a nest survey completed as emly as March, or before project begins C) Projects starting between October I ancl December need daily winter roost surveys completecl

NOTE: Surveys are only necessary in areas wl1ere the disturbance is near suitable eagle habitat

References

Buehler, D.A. 2000. Bald Eagle (Haliaeetus leucocephalus), In The Birds of North America, No. 506 (A. Poole and F. Gill, eds.). The Birds of North America, Inc., Philadelphia, PA.

Keister, G. P., Jr., R. G. Anthony and H. R. Holbo. A model of energy consumption in bald eagles: An evaluation of night communal roosting. The Wilson Bulletin. 97(2): 148-160

Knight, S. K. and R. L. Knight. 1983. Aspects of food finding by wintering bald eagles. The Auk 100: 477-484.

Nebraska Game and Parks Commission. 1993. Nebraska's threatened and endangered species: Bald eagle. Nebraska Game and Parks Commission, Lincoln, Nebraska. 7/9/2019 IPaC: Resources

IPaC U.S. Fish & Wildlife Service IPaC resource list

This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly aected by activities in the project area. However, determining the likelihood and extent of eects a project may have on trust resources typically requires gathering additional site-specic (e.g., vegetation/species surveys) and project-specic (e.g., magnitude and timing of proposed activities) information.

Below is a summary of the project information you provided and contact information for the USFWS oce(s) with jurisdiction in the dened project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section.

Project information

NAME Riverfront Revitalization Project

LOCATION Iowa and Nebraska

DESCRIPTION The purpose of the Project is to create an iconic riverfront with a variety of active spaces, develop a catalyst for downtown growth, and create a regional destination to revitalize Omaha and Council Blus along the Missouri River. The renovation aims to transform three parks near the downtown core of Omaha, specically: Gene Leahy Mall, Heartland of America Park, and Lewis and Clark Landing, into highly-programmed, amenity-rich public open spaces that will build community, improve quality of life, and catalyze economic development in Omaha. Project components on the Nebraska side include: event lawn, performance pavilion, sculpture garden, dog park, children's play area, cafe kiosks, interactive water features and steps, slides, pond https://ecos.fws.gov/ipac/project/YPRD4WVO3RCQFAIFE4XDFJZE7Q/resources 1/11 7/9/2019 IPaC: Resources water feature, a cove, event lawn, swing terraces, rink rental, skate ribbon, games area, botanic gardens, riparian restoration, urban beach, multi-use lawn, tree and planting enhancements, sports area, restrooms, and food truck pavilion. The Project would also include renovation to the parks located along the Council Blu's side of the river. In Iowa, the project would consist of a series of projects north and south of the City's Tom Hanafan Park, south of Interstate 480, and at the Harrah's parking lot. Project components on the Iowa side include: the wilds, Avenue G extension, adventure park, the meadow, tree top walk, observation tower, the lowlands, brambles play area, dog park, river's edge drive parking, volleyball courts, a marina, and a pier.

Local oces

Illinois-Iowa Ecological Services Field Oce  (309) 757-5800  (309) 757-5807

Illinois & Iowa Ecological Services Field Oce 1511 47th Ave Moline, IL 61265-7022

Nebraska Ecological Services Field Oce  (308) 382-6468  (308) 384-8835

MAILING ADDRESS 9325 B South Alda Rd. Wood River, NE 68883-9565

PHYSICAL ADDRESS 9325 South Alda Rd. Wood River, NE 68883-9565

http://www.fws.gov//nebraskaes

https://ecos.fws.gov/ipac/project/YPRD4WVO3RCQFAIFE4XDFJZE7Q/resources 2/11 7/9/2019 IPaC: Resources

Endangered species

This resource list is for informational purposes only and does not constitute an analysis of project level impacts.

The primary information used to generate this list is the known or expected range of each species. Additional areas of inuence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly aected by activities in that area (e.g., placing a dam upstream of a sh population, even if that sh does not occur at the dam site, may indirectly impact the species by reducing or eliminating water ow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential eects to species, additional site-specic and project-specic information is often required.

Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local oce and a species list which fullls this requirement can only be obtained by requesting an ocial species list from either the Regulatory Review section in IPaC (see directions below) or from the local eld oce directly.

For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an ocial species list by doing the following:

1. Log in to IPaC. 2. Go to your My Projects list. 3. Click PROJECT HOME for this project. 4. Click REQUEST SPECIES LIST.

Listed species1 and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the sheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries2).

Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction.

1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an oce of the National Oceanic and Atmospheric Administration within the Department of Commerce.

The following species are potentially aected by activities in this location:

Mammals NAME STATUS

https://ecos.fws.gov/ipac/project/YPRD4WVO3RCQFAIFE4XDFJZE7Q/resources 3/11 7/9/2019 IPaC: Resources

Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045

Birds NAME STATUS

Least Tern Sterna antillarum Endangered No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/8505

Piping Plover Charadrius melodus Threatened There is nal critical habitat for this species. Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/6039

Fishes NAME STATUS

Pallid Sturgeon Scaphirhynchus albus Endangered No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7162

Flowering Plants NAME STATUS

Prairie Bush-clover Lespedeza leptostachya Threatened No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/4458

Western Prairie Fringed Orchid Platanthera praeclara Threatened No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/1669

Critical habitats

Potential eects to critical habitat(s) in this location must be analyzed along with the endangered species themselves.

THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.

Migratory birds https://ecos.fws.gov/ipac/project/YPRD4WVO3RCQFAIFE4XDFJZE7Q/resources 4/11 7/9/2019 IPaC: Resources Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Act2.

Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below.

1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940.

Additional information can be found using the following links:

Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf

The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may nd in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur o the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below.

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area.

NAME BREEDING SEASON (IF A BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST, THE BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, WHICH IS A VERY LIBERAL ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. "BREEDS ELSEWHERE" INDICATES

https://ecos.fws.gov/ipac/project/YPRD4WVO3RCQFAIFE4XDFJZE7Q/resources 5/11 7/9/2019 IPaC: Resources THAT THE BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.)

Bald Eagle Haliaeetus leucocephalus Breeds Oct 15 to Aug 31 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in oshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626

Lesser Yellowlegs Tringa avipes Breeds elsewhere This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9679

Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Probability of Presence Summary

The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ “Proper Interpretation and Use of Your Migratory Bird Report” before using or attempting to interpret this report.

Probability of Presence ( )

Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey eort (see below) can be used to establish a level of condence in the presence score. One can have higher condence in the presence score if the corresponding survey eort is also high.

How is the probability of presence score calculated? The calculation is done in three steps:

1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any

https://ecos.fws.gov/ipac/project/YPRD4WVO3RCQFAIFE4XDFJZE7Q/resources 6/11 7/9/2019 IPaC: Resources week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score.

To see a bar's probability of presence score, simply hover your mouse cursor over the bar.

Breeding Season ( ) Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.

Survey Eort ( ) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys.

To see a bar's survey eort range, simply hover your mouse cursor over the bar.

No Data ( ) A week is marked as having no data if there were no survey events for that week.

Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas o the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse.

probability of presence breeding season survey eort no data

SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

Bald Eagle Non-BCC Vulnerable (This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in oshore areas from certain types of development or activities.)

Lesser Yellowlegs BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.)

https://ecos.fws.gov/ipac/project/YPRD4WVO3RCQFAIFE4XDFJZE7Q/resources 7/11 7/9/2019 IPaC: Resources

Red-headed Woodpecker BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.)

Rusty Blackbird BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.)

Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.

Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site.

What does IPaC use to generate the migratory birds potentially occurring in my specied location?

The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location.

The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and ltered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identied as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to oshore activities or development.

Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool.

What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specied location?

The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets .

Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.

How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?

https://ecos.fws.gov/ipac/project/YPRD4WVO3RCQFAIFE4XDFJZE7Q/resources 8/11 7/9/2019 IPaC: Resources To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specied. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area.

What are the levels of concern for migratory birds?

Migratory birds delivered through IPaC fall into the following distinct categories of concern:

1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacic Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in oshore areas from certain types of development or activities (e.g. oshore energy development or longline shing).

Although it is important to try to avoid and minimize impacts to all birds, eorts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.

Details about birds that are potentially aected by oshore projects

For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area o the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also oers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results les underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.

Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.

What if I have eagles on my list?

If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur.

Proper Interpretation and Use of Your Migratory Bird Report

The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ “What does IPaC use to generate the migratory birds potentially occurring in my specied location”. Please be aware this report provides the “probability of presence” of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey eort (indicated by the black vertical bar) and for the existence of the “no data” indicator (a red horizontal bar). A high survey eort is the key component. If the survey eort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey eort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to https://ecos.fws.gov/ipac/project/YPRD4WVO3RCQFAIFE4XDFJZE7Q/resources 9/11 7/9/2019 IPaC: Resources conrm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be conrmed. To learn more about conservation measures, visit the FAQ “Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds” at the bottom of your migratory bird trust resources page.

Facilities

National Wildlife Refuge lands

Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS AT THIS LOCATION.

Fish hatcheries

THERE ARE NO FISH HATCHERIES AT THIS LOCATION.

Wetlands in the National Wetlands Inventory

Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.

WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at this location.

Data limitations

The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identied based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classication established through image analysis.

https://ecos.fws.gov/ipac/project/YPRD4WVO3RCQFAIFE4XDFJZE7Q/resources 10/11 7/9/2019 IPaC: Resources The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verication work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems.

Wetlands or other mapped features may have changed since the date of the imagery or eld work. There may be occasional dierences in polygon boundaries or classications between the information depicted on the map and the actual conditions on site.

Data exclusions

Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tubercid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery.

Data precautions

Federal, state, and local regulatory agencies with jurisdiction over wetlands may dene and describe wetlands in a dierent manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to dene the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specied agency regulatory programs and proprietary jurisdictions that may aect such activities.

https://ecos.fws.gov/ipac/project/YPRD4WVO3RCQFAIFE4XDFJZE7Q/resources 11/11

This Page Intentionally Left Blank 9/12/2020 IPaC: Resources

IPaC U.S. Fish & Wildlife Service IPaC resource list

This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly aected by activities in the project area. However, determining the likelihood and extent of eects a project may have on trust resources typically requires gathering additional site- specic (e.g., vegetation/species surveys) and project-specic (e.g., magnitude and timing of proposed activities) information.

Below is a summary of the project information you provided and contact information for the USFWS oce(s) with jurisdiction in the dened project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section.

Project information

NAME Riverfront Revitalization Project

LOCATION Iowa and Nebraska

DESCRIPTION The purpose of the Project is to create an iconic riverfront with a variety of active spaces, develop a catalyst for downtown growth, and create a regional destination to revitalize Omaha and Council Blus along the Missouri River. The renovation aims to transform three parks near the downtown core of Omaha, specically: Gene Leahy Mall, Heartland of America Park, and Lewis and Clark Landing, into highly-programmed, amenity-rich public open spaces that will build community, improve quality of life, and catalyze economic development in Omaha. Project components on the Nebraska side include: event lawn, performance pavilion, sculpture garden, dog park, children's play area, cafe kiosks, interactive water features and steps, slides, pond water feature, a cove, https://ecos.fws.gov/ipac/project/NULZ6PQQRBES5FCVXWS23MMZNQ/resources 1/11 9/12/2020 IPaC: Resources event lawn, swing terraces, rink rental, skate ribbon, games area, botanic gardens, riparian restoration, urban beach, multi-use lawn, tree and planting enhancements, sports area, restrooms, and food truck pavilion. The Project would also include renovation to the parks located along the Council Blu's side of the river. In Iowa, the project would consist of a series of projects north and south of the City's Tom Hanafan Park, south of Interstate 480, and at the Harrah's parking lot. Project components on the Iowa side include: the wilds, Avenue G extension, adventure park, the meadow, tree top walk, observation tower, the lowlands, brambles play area, dog park, river's edge drive parking, volleyball courts, a marina, and a pier.

Local oces

Illinois-Iowa Ecological Services Field Oce  (309) 757-5800  (309) 757-5807

Illinois & Iowa Ecological Services Field Oce 1511 47th Ave Moline, IL 61265-7022

Nebraska Ecological Services Field Oce  (308) 382-6468  (308) 384-8835

MAILING ADDRESS 9325 B South Alda Rd., Ste B Wood River, NE 68883-9565

PHYSICAL ADDRESS 9325 South Alda Rd., Ste B Wood River, NE 68883-9565

http://www.fws.gov//nebraskaes

https://ecos.fws.gov/ipac/project/NULZ6PQQRBES5FCVXWS23MMZNQ/resources 2/11 9/12/2020 IPaC: Resources

Endangered species

This resource list is for informational purposes only and does not constitute an analysis of project level impacts.

The primary information used to generate this list is the known or expected range of each species. Additional areas of inuence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly aected by activities in that area (e.g., placing a dam upstream of a sh population, even if that sh does not occur at the dam site, may indirectly impact the species by reducing or eliminating water ow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential eects to species, additional site-specic and project- specic information is often required.

Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local oce and a species list which fullls this requirement can only be obtained by requesting an ocial species list from either the Regulatory Review section in IPaC (see directions below) or from the local eld oce directly.

For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an ocial species list by doing the following:

1. Log in to IPaC. 2. Go to your My Projects list. 3. Click PROJECT HOME for this project. 4. Click REQUEST SPECIES LIST.

Listed species1 and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the sheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries2).

Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction.

1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an oce of the National Oceanic and Atmospheric Administration within the Department of Commerce.

The following species are potentially aected by activities in this location:

Mammals NAME STATUS

https://ecos.fws.gov/ipac/project/NULZ6PQQRBES5FCVXWS23MMZNQ/resources 3/11 9/12/2020 IPaC: Resources

Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045

Birds NAME STATUS

Least Tern Sterna antillarum Endangered No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/8505

Piping Plover Charadrius melodus Threatened There is nal critical habitat for this species. Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/6039

Fishes NAME STATUS

Pallid Sturgeon Scaphirhynchus albus Endangered No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7162

Flowering Plants NAME STATUS

Prairie Bush-clover Lespedeza leptostachya Threatened No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/4458

Western Prairie Fringed Orchid Platanthera praeclara Threatened No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/1669

Critical habitats

Potential eects to critical habitat(s) in this location must be analyzed along with the endangered species themselves.

THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.

Migratory birds https://ecos.fws.gov/ipac/project/NULZ6PQQRBES5FCVXWS23MMZNQ/resources 4/11 9/12/2020 IPaC: Resources Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Act2.

Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below.

1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940.

Additional information can be found using the following links:

Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf

The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may nd in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur o the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below.

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area.

NAME BREEDING SEASON (IF A BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST, THE BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, WHICH IS A VERY LIBERAL ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. "BREEDS ELSEWHERE" INDICATES THAT THE

https://ecos.fws.gov/ipac/project/NULZ6PQQRBES5FCVXWS23MMZNQ/resources 5/11 9/12/2020 IPaC: Resources BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.)

Bald Eagle Haliaeetus leucocephalus Breeds Oct 15 to Aug 31 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in oshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626

Lesser Yellowlegs Tringa avipes Breeds elsewhere This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9679

Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Probability of Presence Summary

The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ “Proper Interpretation and Use of Your Migratory Bird Report” before using or attempting to interpret this report.

Probability of Presence ( )

Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey eort (see below) can be used to establish a level of condence in the presence score. One can have higher condence in the presence score if the corresponding survey eort is also high.

How is the probability of presence score calculated? The calculation is done in three steps:

1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week

https://ecos.fws.gov/ipac/project/NULZ6PQQRBES5FCVXWS23MMZNQ/resources 6/11 9/12/2020 IPaC: Resources of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score.

To see a bar's probability of presence score, simply hover your mouse cursor over the bar.

Breeding Season ( ) Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.

Survey Eort ( ) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys.

To see a bar's survey eort range, simply hover your mouse cursor over the bar.

No Data ( ) A week is marked as having no data if there were no survey events for that week.

Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas o the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse.

probability of presence breeding season survey eort no data

SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

Bald Eagle Non-BCC Vulnerable (This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in oshore areas from certain types of development or activities.)

Lesser Yellowlegs BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.)

Red-headed Woodpecker BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) https://ecos.fws.gov/ipac/project/NULZ6PQQRBES5FCVXWS23MMZNQ/resources 7/11 9/12/2020 IPaC: Resources

Rusty Blackbird BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.)

Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.

Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site.

What does IPaC use to generate the migratory birds potentially occurring in my specied location?

The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location.

The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and ltered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identied as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to oshore activities or development.

Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool.

What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specied location?

The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets .

Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.

How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?

To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year- round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specied. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area.

What are the levels of concern for migratory birds? https://ecos.fws.gov/ipac/project/NULZ6PQQRBES5FCVXWS23MMZNQ/resources 8/11 9/12/2020 IPaC: Resources Migratory birds delivered through IPaC fall into the following distinct categories of concern:

1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacic Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in oshore areas from certain types of development or activities (e.g. oshore energy development or longline shing).

Although it is important to try to avoid and minimize impacts to all birds, eorts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.

Details about birds that are potentially aected by oshore projects

For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area o the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also oers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results les underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.

Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.

What if I have eagles on my list?

If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur.

Proper Interpretation and Use of Your Migratory Bird Report

The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ “What does IPaC use to generate the migratory birds potentially occurring in my specied location”. Please be aware this report provides the “probability of presence” of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey eort (indicated by the black vertical bar) and for the existence of the “no data” indicator (a red horizontal bar). A high survey eort is the key component. If the survey eort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey eort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to conrm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be conrmed. To learn more about conservation measures, visit the FAQ “Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds” at the bottom of your migratory bird trust resources page.

Facilities https://ecos.fws.gov/ipac/project/NULZ6PQQRBES5FCVXWS23MMZNQ/resources 9/11 9/12/2020 IPaC: Resources National Wildlife Refuge lands

Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS AT THIS LOCATION.

Fish hatcheries

THERE ARE NO FISH HATCHERIES AT THIS LOCATION.

Wetlands in the National Wetlands Inventory

Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.

WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at this location.

Data limitations

The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identied based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classication established through image analysis.

The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verication work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems.

Wetlands or other mapped features may have changed since the date of the imagery or eld work. There may be occasional dierences in polygon boundaries or classications between the information depicted on the map and the actual conditions on site.

Data exclusions

Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some https://ecos.fws.gov/ipac/project/NULZ6PQQRBES5FCVXWS23MMZNQ/resources 10/11 9/12/2020 IPaC: Resources deepwater reef communities (coral or tubercid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery.

Data precautions

Federal, state, and local regulatory agencies with jurisdiction over wetlands may dene and describe wetlands in a dierent manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to dene the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specied agency regulatory programs and proprietary jurisdictions that may aect such activities.

https://ecos.fws.gov/ipac/project/NULZ6PQQRBES5FCVXWS23MMZNQ/resources 11/11

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