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Home My WebLink About20102771.tiff 626 941 RESOLUTION RE: ACCEPT CERTIFICATE OF WETLAND CREDIT PURCHASE FROM MIDDLE SOUTH PLATTE RIVER WETLAND MITIGATION BANK WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Certificate of Wetland Credit Purchase from the Middle South Platte River Wetland Mitigation Bank, verifying the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, has purchased 3.3 acres of wetland mitigation credits to fulfill wetland mitigation requirements on the Sheep Draw Project (ACOE Permit#19998061-9), in the amount of$255,000.00, and #199980679 WHEREAS, after review, the Board deems it advisable to accept said certificate, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certificate of Wetland Credit Purchase from the Middle South Platte River Wetland Mitigation Bank, verifying the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, has purchased 3.3 acres of wetland mitigation credits to fulfill wetland mitigation requirements on the Sheep Draw Project (ACOE Permit #199980619), in the amount of $255,000.00, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board's Office is hereby directed to maintain said certificate in either the designated Safe Deposit Box or the office safe. 1111111 11111 111111 1111 11111 11111 1111111 II I 'llil IIII IIII 3739941 12/20/2010 11:15A Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IIIIIIIIII�HIIHNHNtH llIIIIIIII 3737626 12/09/2010 12:53P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 7kkA`Oav- e)) , VI 2010-2771 EG0062 Id- ACCEPT CERTIFICATE OF WETLAND CREDIT PURCHASE FROM MIDDLE SOUTH PLATTE RIVER WETLAND MITIGATION BANK PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of November, A.D., 2010. BOARD OF COUNTY COMMISSIONERS Is a WELD COUNTY, COLORADO J ATTEST: .r� - EXCUSED �P° ..las Rademach Chair Weld County Clerk to the :. �q� ; • \ / Barbara Kirkme r, Pro-Te Deputy Clerk-to the Board 6. % Se n Ciff ay C J APP DORM: i m F. G rcia County Attorney \ { David E. Long Date of signature: / 1t11 ttlllll111111111111III11111VIIIVIII 3737626 12/09/2010 12:53P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1111111 11111 111111 I'll 11111 11111 1111111 III 11111 1111 1111 2010-2771 3739941 12/20/2010 11:15A Weld County, CO EG0062 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder al.r („ 6 . IDDLE SOUTH PLATTE RIVER WETLAND MITIGATION BANK CERTIFICATE OF WETLAND CREDIT PURCHASE TO: U.S. ARMY CORPS OF ENGINEERS, OMAHA DISTRICT, TRI-LAKES OFFICE FROM: MIDDLE SOUTH PLATTE RIVER WETLAND MITIGATION BANK This CERTIFICATE shall serve as verification and notice that payment in full has been received from the named applicant for the purchase of the number of wetland mitigation credits set forth below. This CERTIFICATE is not valid unless signed by a member of Middle South Platte River Wetlands, LLC. WETLAND BANK: Middle South Platte River Wetland Mitigation Bank CORPS FILE NUMBER: 199980679 rfr APPLICANT: Weld County CREDITS PURCHASED: 3.3 acres Wetl ker: David Yardley Member Middle South Platte River Wetlands, C Date: October 27, 2010 2010-2771 Esther Gesick From: David Bauer Sent: Tuesday, October 19, 2010 11:05 AM To: Esther Gesick; Monica Mika Cc: Pat Persichino Subject: Purchase into Wetland Bank Attachments: PassAround Request to Purchase Bank.doc; Sheep Draw wMitigated Wetland.pdf; WeldCo Mitigation Invoice.doc Esther and Monica, Recall that we had a worksession with the Board to discuss the U.S. Army Corps of Engineer's finding that our mitigated wetland at our Sheep Draw property has failed to satisfy their standards. As a result, the Corps has required that Weld County purchase replacement wetlands at one of their sponsored facilities. Attached is the invoice from the Erie wetland `bank' and a copy of the worksession /pass around that was approved by the Board. I also attached a map of the site. The Board had all initialed agreement with the recommendation to purchase into the Erie wetland bank. I believe Mr. Warden had identified sufficient funds in the Public Works surplus account to cover this cost. Please advise on how we approve the expenditure and cut a check to send to the wetland bank. The Erie wetland bank is managed by: Dave Yardley Middle South Platte River Wetland Bank 3545 Pinewood Ct. Johnstown, CO 80534 970.593.5631 970.667.0049 fax 720.480.1848 cell Thank you, David Bauer,P.E., CFM Weld County Engineer- Development Weld County Public Works P.O. Box 758 Greeley, Colorado 80632 (970) 304-6496 t Middle South Platte River Wetland Mitigation Bank September 29, 2010 Invoice To: Darcy Tiglas From: Dave Yardley Middle South Platte River Wetlands, LLC Re: Purchase of Wetland Mitigation Credits Middle South Platte River Wetlands, LLC, will issue to the Weld County a Certificate for 3.3 acres of wetland mitigation credits to fulfill wetland mitigation requirements on the Sheep Draw project (ACOE Permit# 199980619) upon receipt of the County's check in the amount of $255,000.00. 3545 Pinewood Ct., Johnstown, CO 80534 970.593.5631 970.667.0049 fax BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW RE: Sheep Draw Gravel Pit—Purchase into Wetland Bank DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: September 30, 2010 PERSON REQUESTING: David Bauer Brief description of the problem/issue: The County has received the US Army Corps of Engineers letter de- certifying the constructed wetland at the Sheep Draw gravel pit site. That constructed wetland was to mitigate for prior years' wetland damages by gravel mining at other sites by the County. Because our constructed wetland does not satisfy the Corps' replacement requirement, we must find equivalent replacement wetland acreage. Availability of wetland bank acreage is very limited. We have researched and found a suitable replacement wetland at the Corps-sanctioned Middle South Platte River Wetland Mitigation Bank located in Erie at State Highway 52 and Weld County Road 5. This wetland bank is tributary to Boulder Creek whereas our damages lie on the Poudre River. Therefore we lie in the Secondary Service Area of the Erie wetland bank and we must buy our mitigation at a ratio higher than 1 to 1 replacement. The Corps has determined that we must buy into the Middle South Platte River Wetland Mitigation Bank for 3.3 acres at a cost of$255,000. Following receipt of our payment, the Corps will issue a letter stating that our wetland damages obligations have been met. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Wetland mitigation 1) Negotiate with the Corps for relief—precedents indicate little success will be found. 2) Begin a legal appeal process of the Corps decision—high legal costs,precedents indicate success unlikely. 3) Build a new wetland on County-controlled property — costs approx. $100,000, extra for water rights to manage in perpetuity, future maintenance and reporting in perpetuity, overall uncertainties with continued Corps scrutiny. 4) Purchase necessary mitigation wetlands at the Erie facility for$255,000. and end responsibility for wetland maintenance,water,etc. Recommendation to the Board: Public Works recommends that the County satisfy the mitigation requirement by purchase of the necessary acres in Middle South Platte River Wetland Mitigation Bank for 3.3 acres at a cost of$255,000. Approve Schedule Recommendation Work Session Comments Douglas Rademacher, Chair Barbara Kirkmeyer, Pro-Tern Sean P. Conway William F. Garcia David E. Long Attachments: Map, Invoice C:\Documents and Settings\egesick\Local Settings\Temporary Internet Files\Content.Outlook\M4M2CSX8\PassAround Request to Purchase Bank.doc i. 1/4 _ 1 1 .. I ' ffilli .4 - 1 trfwjssP' ; 4 ii q at • \ 4. i Oa I 1 It ,„;.; . ., 4$ illiT\ . .. , ikt11 111 ,o V ,; _ 1 • a• L I 10 . 4" z ' y°zR217 use/7 . 1/2\:1/2.1/4 .. ,1\. ‘.‘ -. - . . j i. it . \\ _ . ,/--.' k 1 \\.a • 4 . Ls. • : , ,, . , . , I.. 1 Ni.....___ , - . Iliklailli:ii •. AOv- itsok thA . _ isilf/4 '' ‘ ) PDU()RE 'RAIL • i I, K I \g. ��l► strirti Q y '4 1 II - tillotH Mi . _ . fi c. 59th AVE •+•o J - _- I'" O 59th AVE. O - ---4 F % z > , \ X X el I CD N D ` I m 33 iir 1 - ::- MI IS- r-- RENSIDNSe DAM • � ) i � 14 a Y 1 SHEEP DRAW GRAVEL PIT T el b. �(} fth i • COLORADO V Hello