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RESOLUTION
RE: AUTHORIZATION FOR CHAIRMAN TO SIGN U.S. DEPARTMENT OF THE
ARMY 404 PERMIT FOR REPLACEMENT OF WELD COUNTY BRIDGE 7/42A
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 Weld County Engineer has presented to the Board
of County Commissioners Army Permit No. CO 2SB OXT 2 004836 which
allows the placement of fill material in conjunction with a channel
realignment and replacement of Weld County Bridge 7/42A, and
WHEREAS, said permit must be signed by the Chairman of the
Board of County Commissioners stating that Weld County accepts
and agrees to comply with the terms and conditions of said permit,
and
WHEREAS , the Board of County Commissioners determines that
said permit is necessary to protect and maintain the bridges of
Weld County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners that the Chairman be, and hereby is, authorized to
sign Army Permit No. CO 2SB OXT 2 004836, said permit being
attached hereto and incorporated herein by reference.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 15th day of
November, A.D. , 1982.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ELc&. GLv�,,,CMLv brJ WELD COUNTY, COLORADO
0 _
Weld County Clerk and Recorder
aryd4Clerk to the Bp r� l
dh Jm . Marti irman
' 311: i„,-,,.,O�L t/ P ( a/
eputy -County erc Chuck Carlson, Pro-Tem
APP / /" FORM: EXCUSED
Norman Carlson
72 L
Qbunty At orney . W. Ki by
ne K. Stei ark
ii C, oat
82090O
DATE PRESENTED: November 17, 1982
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e g.G, —
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ENT Os
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DEPARTMENT OF THE ARMY
T. 1.
C 2, OMAHA DISTRICT. CORPS OF ENGINEERS "'W
. , 'e' 6014 U.S. POST OFFICE AND COURTHOUSE
OMAHA NEBRASKA 68102 .y
REPLY TOeair `(.d
ATTENTION OF'.
Permits Branch oijlj(' is
PO Box 5, Omaha, NE 68101 d�/
MROOP-N 22 October 198215
Weld County
933 North 11th Avenue
Greeley, CO 80631
•
Gentlemen:
Inclosed is proposed Department of the Amy permit No. CO 2SB OXT 2 004836
to place fill material in conjunction with a channel realignment and bridge
replacement project in the Little Thompson River near Johnstown, Colorado.
Please review the general and special conditions of the permit and, if
acceptable, sign and return both copies to this office within 30 days.
Upon receipt, the permit will be executed and returned to you.
The permit is not valid until signed by the District Engineer.
Sincerely,
1 Inclosure W. E. WOOD OF RD
DA Permit (dupe) `Chief, Operations Division
•
• . CO 2SB OXT 2 004836
• Application No.
Name of Applicant Weld County
Effective Date
Expiration Date (If applicable) Not App1 i rahl e
DEPARTMENT OF THE ARMY
PERMIT
Referring to written request dated 15 July 1982 for a permit to:
1 I Perform work in or affecting navigable waters of the United States,upon the recommendation of the Chief of Engineers,pursuant
` v'`•?WW‘' to Section 10 of the Rivers and Harbors Act of March 3, 1899 133 U.S.C.4031:
I X Discharge dredged or fill material into waters of the United States upon the issuance of a permit from the Secretary of the Army
acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Stat.816,P.L.92-5001;
, 1 1 Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the
Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(86 Stat. 1052; P.L.92-5321;
Weld County
933 North 11th Avenue
Greeley, CO 80631
is hereby authorized by the Secretary of the Army:
to place fill material in conjunction with a channel realignment and bridge
replacement project (see page 6 for Detailed Description of Authorized Work)
in the Little Thompson River
XX near Johnstown, Colorado
•
in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on drawings:give
file number or other definite identification marks.)
•
Si
subject to the following conditions:
I. General Conditions:
a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit;and that any
activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which
may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General
Conditions I or k hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate,
whether or not this permit has been previously modified,suspended or revoked in whole or in part.
ENG FORM 1721 EDITION OF 1 APR 741S OBSOLETE. (ER 1145-2-303)
1 JUL 77
:.t 1
b. That all activities authorized herein shall, if they involve, during their construction or operation,any discharge of pollutants into
waters of the United States or ocean waters, be at all times consistent with applicable water quality standards,effluent limitations and
standards of performance, prohibitions, pretreatment standards and management practices established pursuant to the Federal Water
Pollution Control Act of 1972 IP.L. 92-500: 86 Stat.8161, the Marine Protection, Research and Sanctuaries Act of 1972 IP.L.92-532,
86 Stat. 10521,or pursuant to applicable State and local law.
c. That when the activity authorized herein involves a discharge during its construction or operation, of any pollutant (including
dredged or fill material), into waters of the United States, the authorized activity shall, if applicable water quality standards are revised
or modified during the term of this permit, be modified, if necessary,to conform with such revised or modified water quality standards
within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implemental on
plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with
the Regional Administrator of the Environmental Protection Agency,may determine to be reasonable under the circumstances.
d. That the discharge will not destroy a threatened or endangered species as identified under the Endangered Species Act, or
endanger the critical habitat of such species.
e. That the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized
• herein in a manner so as to minimize any adverse impact on fish,wildlife,and natural environmental values.
f. That the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any
degradation of water quality.
g. That the permittee shall permit the District Engineer or his authorized representativels) or designee(s) to make periodic
inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in
accordance with the terms and conditions prescribed herein.
h. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and
drawings attached hereto.
i. That this permit does not convey any property rights, either in real estate or material,or any exclusive privileges;and that it does
not authorize any injury to property or invasion of rights or any infringement of Federal,State,or local laws or regulations nor does it
obviate the requirement to obtain State or local assent required by law for the activity authorized herein.
j. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate
•
- suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt by
the permittee of a written notice thereof which shall indicate (1) the extent of the suspension, 12) the reasons for this action, and
(3) any corrective or preventative measures to be taken by the permittee which are deemed necessary by the District Engineer to abate
• imminent hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice.
•
Within ten days following receipt of this notice of suspension, the permittee may request a hearing in order to present information
• relevant to a decision as to whether his permit should be reinstated,modified or revoked. If a hearing is requested,it shall be conducted
pursuant to procedures prescribed by the Chief of Engineers.After completion of the hearing,or within a reasonable time after issuance
of the suspension notice to the permittee if no hearing is requested,the permit will either be reinstated,modified or revoked.
k. That this permit may be either modified,suspended or revoked in whole or in part if the Secretary of the Army or his authorized
representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would
otherwise be in the public interest. Any such modification,suspension,or revocation shall become effective 30 days after receipt by the
permittee of written notice of such action which shall specify the facts or conduct warranting same unless 111 within the 30-day period
the permittee is able to satisfactorily demonstrate that la)the alleged violation of the terms and the conditions of this permit did not,in
'•-x30 fact, occur or lb) the alleged violation was accidental,and the permittee has been operating in compliance with the terms and conditions
of the permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and
conditions of this permit; or 12)within the aforesaid 30-day period, the permittee requests that a public hearing be held to present oral
and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures
for making a final decision either to modify,suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribed
by the Chief of Engineers.
•
I. That in issuing this permit,the Government has relied on the information and data which the permittee has provided in connection
with his permit application. If. subsequent to the issuance of this permit, such information and data prove to be false, incomplete or
inaccurate, this permit may be modified, suspended or revoked, in whole or in part,and/or the Government may,in addition,institute
appropriate legal proceedings.
m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the
United States.
n. That the permittee shall notify the District Engineer at what time the activity authorized herein will be commenced,as far in
�-. . advance of the time of commencement as the District Engineer may specify,and of any suspension of work,if for a period of more than
one week,resumption of work and its completion.
•
•
rry 2
n
o. That if the activity authorized herein is not started on or before day of , 19
• lone year from the date of issuance of this permit unless otherwise specified) and is not completed on or before
day of ,19 , (three years from the date of issuance of this permit unless otherwise specified) this permit, if
not previously revoked or specifically extended, shall automatically expire.
p. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which
may require authorization by the Congress or other agencies of the Federal Government.
q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer
procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition t hereof, he must
restore the area to a condition satisfactory to the District Engineer.
r. That if the recording of this permit is possible under applicable State or local law,the permittee shall take such action as may be
necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining
records of title to and interests in real property.
r Th.t fhn.n•MII b.. nn .......+.nn+Al.. n....r.....nn..u•:r6 nw:g•tinn 6y r6n nv:�anrn... ...n e'ene....•W ly ....6..',..d 6n.eln
t. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the
transferee's written agreement to comply with all terms and conditions of this permit or by the transferee subscribing to this permit in
the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee
transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions
specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official.
I.Special Conditions: (Here list conditions relating specifically to the proposed structure.or work authorized by this permit):
a. That all construction debris will be disposed of on land in such a
manner that it cannot enter into the waterway.
b. That equipment for handling and conveying materials during construction
shall be operated to prevent dumping or spilling the materials into the water
except as approved herein.
c. That care will be taken to prevent any petroleum products, chemicals,
or other deleterious materials from entering the water.
d. That only clean, nonpollutional materials will be utilized for fill in
order to minimize excessive turbidity by leaching of fines, as well as to
preclude the entrance of potentially polluted materials to the water by natural
runoff or by leaching.
e. That all work in the waterway is performed in such a manner so as to
minimize increases in suspended solids and turbidity which may degrade water
quality and damage aquatic life outside the immediate area of operation.
f. That only clean riprap materials will be utilized in order to avoid
the percolation of fines which would result in excessive local turbidity.
g. That the clearing of vegetation will be limited to that which is
absolutely necessary for construction of the project.
h. That close coordination will be maintained with downstream water users,
advising them of any water quality changes to be caused by the construction.
i. That all dredged or excavated materials, with the exception of that
authorized herein, will be placed on an upland site above the ordinary high
•
water line in a confined area, not classified as a wetland, to prevent the
return of such materials to the waterway.
j . That all earthwork operations on shore will be carried out in such a
manner that sediment runoff and soil erosion to the water are controlled.
(Special Conditions continued on page 5)
9
The following Special Conditions will be applicable when appropriate:
a Tha•t^-par—t dear ^^t^ •iha-'ee the into- 6-a^^e,•nth^^y on.-t'^3 cr raps-ad °e o- p-vj^c+ard that Slag Fr....:»^och..0 .,o*
hp entitled to rnmnencatinn for d.mage nr inwry to the er..rrnret or .e.n.b author:7nd ha.bin ...bled.^^y he —.cod by ^.
pating_pr biter,nneratinnc underrav^n by the I In:tod Rt..tee In
El That no attemnt shall he made hv the nermittee tn nrevent the full and free ice hv the nuhlir of all navigable waters at nr adiarant
tr rh^ artu..ty a.uthra r.e.d by thl.pn.m:.
✓ That if the digtlav of lights and cigpalc nn any stnmture nr work authorized herein is not ntherwite nr v:dad for by low tunic
t 3ht- a^d un,m at m,y b^ pmts^bad by +ha-I In:tny ct-art Cn ct r.t.rr1 chat he inct-ted and maintained IW and at the evpense nf the
d Thal the nermittee unnn reran-It of a notice of revnrarlon of this nermit nr 'mon its evniratinn hefnre rmmoletinn nf the
. iicuGtur0.at-uWurs,chap ....t
- his authorized renrecentative may direr! restore the u,utens.^µ tn its for... - - d't - Ir v - s-. J ne PS t Ne
ejS direction of the Serretary oj,hp Army or his authorized representative the ger-ratan/ nr his designee may restore the waterway to its
• Stn rturea for Small Rnatc That net au hereby recognizes the nn crbili y that the structure warn-fitted herein m,y hr t..hjnn+t.,
clamane by wave wash from nesting vessels The issuance of this nermit does not relieve the nermuree from tskiog ,u ...trine. stunt ...
pp ntr.IT c hi nnirC O'ICOCl °:
ye rc fmm the item of Icnunro nl thh f.errt..t non y.. .r u.nin-t
d.ad..l....
DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES:
• a. That the discharge will be carried out in conformity with the goals and objectives of the EPA Guidelines established pursuant to
Section 404(b)of the FWPCA and published in 40 CFR 230;
b. That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities;
c. That the fill created by the discharge will be properly maintained to prevent erosion and other non-point sources of pollution;and
('Si n T thlr flc nact`Gra ntn .
rnoe telTn np.,
M ._ .
yy,, Th t th d /11 he rigid n.r - nfnwith the nods rabies-Won arid .e.f.� .^...,,..+- .,r +h._run _ . . _I
h That the nermittee shall mare a cony nf this nermit in a rnncnirunnc nlare In the vuscnl to he nand Co..h..+.,nrp... t o^a^dlav
This permit shall become effective on the date of the District Engineer's signature.
Permittee hereby accepts and agrees to comply with the terms and conditions of this permit.
(( 1 }
PERMITTEE DATE
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
DATE
DISTRICT ENGINEER,
U.S. ARMY,CORPS OF ENGINEERS
Transferee hereby agrees to comply with the terms and conditions of this permit. '
TRANSFEREE DATE
4
DA Permit No. CO 2SB OXT 2 004836
Weld County
Special Conditions (cont'd)
k. That when the District Engineer has been notified by a fishery agency that
a filling activity is adversely affecting fish or wildlife resources or the harvest
thereof and the District Engineer subsequently directs remedial measures, the
permittee will comply with such directions as may be received to suspend or modify
the activity to the extent necessary to mitigate or eliminate the adverse effect
as required.
1. That in the event any historical, archeological, architectural, or other
cultural artifacts, vestiges, or remains are found prior to, during, or after any
earth disturbance or construction activity in the proposed project area, the per-
mittee shall immediately notify the District Engineer.
m. That reinforcing bars in the broken concrete riprap shall be cut off flush
with the concrete.
n. That the broken concrete riprap shall be placed in such a manner so as to
provide a reasonably solid mass, with no appreciable variation in thickness nor
slope.
o. The United States shall not be responsible for damage to property or
injuries to persons which may arise from or be incident to the work herein
authorized, and the permittee shall hold the United States harmless from any and
all such claims, except to the extent that the damage or injury is caused solely
by the negligence of the United States.
p. That work in the waterway will be carried out during the low flow period.
q. That the broken concrete riprap will be covered with 18 inches of topsoil
down to the ordinary high water line. That area and all other areas on shore
disturbed or newly created by construction activity will be seeded with vegetation
indigenous to the area for protection against subsequent erosion.
S
DA Permit No. CO 2SB OXT 2 004836
Weld County
DETAILED DESCRIPTION OF AUTHORIZED WORK
In accordance with the terms and conditions of this permit, Weld County is authorized
by the Secretary of the Army to place fill material in the Little Thompson River in
conjunction with a channel realignment and bridge replacement project located in
Sections 21 and 22, Township 4 North, Range 68 West, Weld County, Colorado.
The work consists of excavating approximately 6,000 cubic yards of earthen material
from an area 250 feet long by 65 feet wide along the south bank to form a new
channel. The excavated material will be used to fill the old channel. The new
channel will have a bottom width of approximately 40 feet and have 12 to 14-foot
high banks with side slopes of 2-foot horizontal to 1-foot vertical. An estimated
200 cubic yards of riprap will be used to armor coat both sides of the new channel.
The riprap will consist of placing broken concrete slabs approximately 12 inches
thick by 24 inches long by 24 inches wide along 250 feet of the south bank and
along 200 feet of the north bank.
The purpose of the project is to straighten the channel and reduce erosion along
the bank at the new bridge abutments.
•
CO 2SB OXT 2 004836 ( �-. 1
S .�I , �i
,ii I 1--ii .
16 PROJECT H 14 III LI
a SITE 14 j
• TO U.S. 56 11 i1 II
287 t i/ /i;1^�)1 I
21 Ft /� A \^- I I SCALE III: IMIL
LITTLE THOMPSON ...ti i�� 1° 23 ii
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1-25 OILI:
VICINITY MAP
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a V) Ifti
:,CHANNE .:::i*`i: CUT NEW i
:::tio:i`: ::i i iii -k-, HAL:I/NELfrcre OHW \� EXISTING BRIDGE
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SEC T/OLt/ f/ z o
NO S O C/iLE 11114..t: O
'EXISTING RIVER BANKS .:'�I::'iart't+ ::>:':�>::'`..:.:;. :::::i:f*:: >::;
oN A • 'EXaclir I I x""?ex —xxX xxrxir `nx
Obey 7�FR I RIP-RAP r
LITTLE .0049
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PROPOSED RIVER BANK PROPOSED BRIDGE
t'•
250'0 ' Ra-r-a,-
• BR. 7/42A "/
N.T. S
PURPOSE: F////Ri,,,,/^4P
DATUM MSL �L T
ADJACENT PROPERTY OWNERS: IN L/ Le / 2jom/asoi(/ pi
1 Lewis .� rf AT /
2 Bab - COUNTY OF We/O" , STATE Co/oroo/o
f/ocrcn,a APPLICATION BY We/a Co.
SHEET / OF / DATE
.,.:MRO O Y"76 1643 t ;;>.a-` 'x' xr^ -r ns Y r - sv%r r,ayrr`+%'Ate_1,g'f,+Y, rt i4.' ,� --
f$T OF
Q?'.'R '.,- 4,, DEPARTMENT OF THE ARMY
!ca ' 2
OMAHA DISTRICT CORPS OF ENGINEERS
o'
4, r Jf.� 6014 U.5- POST OFFICE AND COURTHOUSE
f OMAHA NEBRASKA 68102
,. REPLY TO
ATTENTION OF:
Permits Branch
PO Box 5, Omaha, NE 68101
MROOP-N 22 October 1982
Weld County
933 North 11th Avenue
Greeley, CO 80631
Gentlemen:
Inclosed is proposed Department of the Army permit No. CO 2SB OXT 2 004836
to place fill material in conjunction with a channel realignment and bridge
replacement project in the Little Thompson River near Johnstown, Colorado.
Please review the general and special conditions of the permit and, if
acceptable, sign and return both copies to this office within 30 days.
Upon receipt, the permit will be executed and returned to you.
The permit is not valid until signed by the District Engineer.
Sincerely,)66",401 Inclosure 7 W. E. WOOD OF RD
DA Permit (dupe) ief, Operations Division
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