HomeMy WebLinkAbout820895.tiff reTh
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RESOLUTION
RE: AUTHORIZATION FOR THE CHAIRMAN TO SIGN U.S. DEPARTMENT OF THE
ARMY 404 PERMIT
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, and
WHEREAS, the County Engineer has presented to the Board of
County Commissioners General Permit 81-02 from the Department of the
Army which authorize Weld County to deposit dredged material in the
channel and along the banks in conjunction with the removal of gravel
deposits from the midsection of the waterway upstream, under, and
downstream of existing bridge structures in Colorado waterways within
Weld County, 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 Commis-
sioners that the Chairman is hereby authorized to sign Department
of the Army General Permit 81-02 .
The above and foregoing resolution was, on motion duly made
and seconded, adopted by the following vote on the 17th day of
February, A.D. , 1982.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,, COLORADO
ABSENT
John T. Martin, Chairman
ATTEST71k,
Chuc c Carlson, o Tem
County Clerk and Recorder ABSENT DATE SIGNED
arpd--6Jerk to the. B and Norman Carlson
By v ,
Deputy Co ty Cle c Krb
Z. 64 PROVED AS TO FORM:
. Stei ark
County Attorney
DATE PRESENTED: February 22 , 1982
820895
A'qt NT 01
DEPARTMENT OF THE ARMY / CO
��r 2 OMAHA DISTRICT. CORPS OF ENGINEERS �;g� �
F.6014 U.S. POST OFFICE AND COURTHOUSE OMAh1A NEBRASKA 68102 1742
REPLY TO �Q(,
ATTENTION OF: �.�ey � ��
Permits Branch
PO Box 5, Omaha, NE 68101 c°<o
MROOP-N 1 March 1982
Weld County
915 10th Street
Greeley, CO 80631
Gentlemen:
Inclosed is a copy of General Permit 81-02, which I issued this date. Please
retain this copy for your information and files.
Please note that this General Permit does not authorize the construction of
any individual projects. The General Permit merely serves as an administra-
tive tool which will allow authorization of projects, which fall under the
criteria of the permit, in a minimum of time.
Your attention is directed to Appendix B, page 7, of the permit which estab-
lishes the reporting procedure for individual authorizations. This procedure
must be followed and an authorization of this type must be obtained prior to
commencing construction on an individual project.
Sincerely,
Inclosure V. D. STI
As stated Colonel, Co of Engineers
District neer
• Application No. General Penlat 81-02
Nan'.?cr1 Applicant Weld County Board of Commissioners
Fr Effective Date
Expiration Date (lf applicable) Not applicable
DEPARTMENT OF THE ARMY
PERMIT
Referring to written request received 14 November 1q Pa permit to:
31
(XI 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 186 Stat.816,P.L.92-500);
•
, get w.><
40C S.a.. 1O52,P.L.02 0321,
Weld County
915 10th Stree t
Greeley, Colorado 80631
to my:
dbpd�§itrr dredged materal 4.red by the Secretary
the channel and along the banks in conjunction
with the removal of gravel deposits from the midsection of the waterway, upstream,
under, and downstream of existing bridge structures-
in Colorado waterways
within Weld County
in accordance with the plats 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.)
The following General and Special Conditions will be included in, and made a part of, all authorizations granted under the
provisions of this General Permit:
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 741$OBSOLETE.
1 JUL 7] (ER 1145.2.3031
1 .
b. That all activities authorized herein`' I, if they involve, during their construction or open, 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 (P.L. 92-500; 86 Stat.816), the Marine Protection,Research and Sanctuaries Act of 1972(P.L.92-532,
•86 Stat. 1052),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 implementer 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.
I. 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 designeels) 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 CO the extent of the suspension, (2) 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(1)within the 30-day period
the permittee is able to satisfactorily demonstrate that (a)the alleged violation of the terms and the conditions of this permit did not,in
fact, occur or (b)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 procedure,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.
2
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• o. That, any filling activity, authorized under the provisions of this General Permit, must he started within one year of
• such authorization and must be completed within three years, or said authorization 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 I 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 he
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.
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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.
II.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 the permittee will establish and carry out a program for immediate
removal of debris during construction in order to prevent the accumulation of
unsightly, deleterious and/or potentially polluted'materials.
c. That equipment for handling and conveying materials during construction shall
be operated to prevent dumping or spilling materials into the water except as
approved herein.
d. That care will be taken to prevent any petroleum products, chemicals,
or other deleterious materials from entering the water. •
e. That steps will be taken to prevent materials spilled or stored on shore
from washing into the water as a result of cleanup activities, natural runoff,
or flooding, and that, during construction, any materials which are accidently
spilled into the water will be retrieved.
f. 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.
g. That all areas along the bank disturbed or newly created by the construc-
tion activity, will be seeded with vegetation indigenous to the area for protection
against subsequent erosion.
h. That the clearing of vegetation will be limited to that which is absolutely
necessary for construction of the project.
i. That close coordination will be maintained by the contractor with downstream
water users, advising them of any water quality changes to be caused by the construction.
j . That owners of water supply intakes, or other activities that nay be
affected by. suspended solids and turbidity increases caused by construction
(See page 5 for continued Special Conditions)
3
The following Special Conditions will be applicable when appropriate:
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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 4041b1 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
The appendices attached hereto are incorporated in and made a part of this General Permit.
This permit shall become effective on the date of the District Engineer's signature.
Permit hereby accepts and agrees to comply with-the terms and conditions of this permit. p'
PERMITTEE DATE
CHAIRMAN,
�+B DD OAROAF' C0UNt'Y "CCllt'ID'fISSIGERS
E- EARITAbF`IYYdBF TAE$7(�TARY 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
•
The following Special Conditions will be/Ciicable when appropriate: �t
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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
The appendices attached hereto are incorporated in and made a part of this General Permit.
This permit shall become effective on the date of the District Engineer's signature.
Permittee hereby accepts arid agrees to comply with-the terms and conditions of this permit.
/ice
PERMITTEE D•TE
CHAIRMAN Pit (T,EI ,,7jBBOOAARD OF CDUNTY COMMISSIONERS
WELDuI YFIeS�C--R EfiARY OF THE ARMY:
z t 1 March 1982
V. D. S I DATE
Colonel, rps of Engineers
DISTRICT ENGINEER,
U.S. ARMY,CORPS OF ENGINEERS
Transferee hereby agrees to comply with the terms and conditions of this permit.
TRANSFEREE DATE
4
•
General Permit 81-02
, . Weld County Board of Commissioners
activity in the watercourse, shall be given sufficient notice to allow preparation
for any changes in water quality.
k. That deposition of excavated materials on shore and all earthwork operations
on shore will be carried out in such a way that sediment runoff and soil erosion
to the water are controlled.
1. That no tributaries, oxbows or other backwater areas are "cut off."
m. 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.
n. That fuel storage tanks above ground shall be diked or curbed or other
suitable means provided to prevent the spread of liquids in case of leakage in
the tanks or piping. Such dike, curbed area, or device shall have a capacity
of at least equal in volume to that of the tanks plus 10 percent.
o. 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 permittee shall immediately notify the District Engineer.
p. The thited 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_ lhited States.
5
r. 11
Appendix A to General Permit 81-02
1. A proposed activity must meet the following limitations and conditions to
receive consideration under this General Permit:
a. That the gravel bars and channel configuration at a proposed project
site must be of a nature that failure to perform remedial work could result
in extensive erosion at the abutments or piers of the bridge structure.
b. That the removal of the gravel bars will be accomplished by pushing the
material upon or towards the existing high bank line.
c. That the finished bank line will be sloped no greater than 3-foot
horizontal to 1-foot vertical and no less than 6-foot horizontal to 1-foot
vertical.
d. That the total project area will not extend more than 300 linear feet
upstream and/or downstream of the bridge.
2. The provisions of this General Permit do not apply to:
a. Channel realignment projects.
b. Lakes or wetlands.
c. Filling activities, permanent and/or temporary, that would impair
the flow in and out of wetlands.
d. Historic, cultural, or archeological sites or practices as provided
in the National Historic Preservation Act of 1966.
e. Sites included in the National Register of Natural Landmarks which are
published periodically in the Federal Register.
f. Any other areas named in Acts of Congress or Presidential Proclamations
as National Rivers, National Wilderness Areas, National Recreation Areas,
National Lakeshores, National Parks, National Monuments, and such areas as
may be established under Federal law for similar and related purposes.
6
n
Appendix A to General Permit 81-02
1. A proposed activity must meet the following limitations and conditions to
receive consideration under this General Permit:
a. That the gravel bars and channel configuration at a proposed project
site must be of a nature that failure to perform remedial work could result
in extensive erosion at the abutments or piers of the bridge structure.
b. That the removal of the gravel bars will be accomplished by pushing the
material upon or towards the existing high bank line.
c. That the finished bank line will be sloped no greater than 3-foot
horizontal to 1-foot vertical and no less than 6-foot horizontal to 1-foot
vertical.
d. That the total project area will not extend more than 300 linear feet
upstream and/or downstream of the bridge.
2. The provisions of this General Permit do not apply to:
a. Channel realignment projects.
b. Lakes or wetlands.
c. Filling activities, permanent and/or temporary, that would impair
the flow in and out of wetlands.
d. Historic, cultural, or archeological sites or practices as provided
in the National Historic Preservation Act of 1966.
e. Sites included in the National Register of Natural Landmarks which are
published periodically in the Federal Register.
f. Any other areas named in Acts of Congress or Presidential Proclamations
as National Rivers, National Wilderness Areas, National Recreation Areas,
National Lakeshores, National Parks, National Monuments, and such areas as
may be established under Federal law for similar and related purposes .
6
•
Appendix B to General Permit 81-02
1. To apply for consideration under this General Permit, Weld County will provide
written Notice of Intent to construct a particular project, at least thirty (30)
days in advance of anticipated construction, to the following offices:
a. U.S. Army Engineer District, Omaha, ATTN: MROOP-N, PO Box 5, Omaha,
Nebraska 68101.
b. Colorado Department of Health, Water Pollution Control Division, 4210
East 11th Avenue, Denver, Colorado 80220.
c. Colorado Division of Wildlife, 6060 Broadway, Denver, Colorado 80216.
d. U.S. Fish and Wildlife Service, 1311 Federal Building, 125 South State
Street, Salt Lake City, Ltah 84138.
e. U.S. Environmental Protection Agency, Region VIII, Water Division, 8W-PM,
1860 Lincoln Street, Denver, Colorado 80295.
2. The Notice of Intent must clearly describe the proposed work so that the
District Engineer or his designee can clearly determine whether or not the proposed
work complies with the conditions, criteria and limitations of this General
Permit, and must contain the following infoimution:
a. A completed application form (ENG Form 4345) .
c. Cover letter indicating project number/title and how the anticipated work
will be accomplished.
c. Clearly marked site location map and a sketch or drawing showing the extent
or limitations of the work area.
d. Completed environmental assessment questionnaire used by the Corps of
Engineers, Omaha District Office.
e. Photographs of the site.
3. Following receipt of the Notice of Intent, the Colorado Department of Health
and the Colorado Division of Wildlife will notify the District Engineer within ten
(10) days of any conditions and/or special requirements for certification thereof.
4. Following receipt of the Notice of Intent, the U.S. Fish and Wildlife Service
and the U.S. Environmental Protection Agency will notify the District Engineer
within ten (10) days of any objection to the proposed work.
7
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ATTENTION a OF:
Permits Branch
PO Box 5, Omaha, NE 68101
MROOP-N 2 June 1981
Weld County Board of Commissioners
915 10th Street
Greely, CO 80631
Gentlemen:
Reference is made to your pending Department of the Army General Permit
No. G.P. 81-02.
In any letter of 5 February 1981 (copy inclosed) , I forwarded you a copy of
a letter this office received from the L'S Fish & Wildlife Service.
You were directed to either contact the Fish & Wildlife Service directly
regarding their three conditions and furnish this office with a copy of
any pertinent correspondence, or furnish this office with a rebuttal. To
date, I have received no information regarding this matter.
I again request that you either contact the Fish Y Wildlife Service in an
attempt to resolve their concerns, or provide this office with a rebuttal.
• If you have any questions, please contact this office or call me at (402) -
221-4133.
Sincerely,
r,2
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1 Incl. RVLPH J. MILLER
As stated Chief, Regulatoiy Functions Branch
Operations Division
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�a v 3 , A FICA AND WILDLIFE 5 ':,I::VTGEJ 7
\--,....7-,,74:„.!„.7.e., AREA OF`1`IC.E COLOR AD0--U i A1r —
s ,A 1311 Fi.I)I'R11 I.BUILOI a 1::::'..7,
-_ .
- 125 SOUTH STATE STREET -
SALT LAKE CITY, UTAH 84138
' - '..
IN-REPLY REFER TO: see �t I•,c I}V EA .-. '• Ralph J... Miller, Chief
Regulatory Functions Branch'
Department of the. Army- -
60114 U.-.S.: Post Office. and. Court. House. -.
Omaha ,_--tlebraska-. 68102
Re: General Permit 81-02,_ Weld County Board of Commissioners,
Weld County, Colorado
Dear Mr. Miller: •
We have rev :.ewed the notice of permit pending, subject- as above, _ for
the removal of gravel deposits in the river bee's aroun existing bridge-
abutments and piers within Weld County, Colorado.
We have several reservations concerning the- issuance of the proposed
general permit-as stated in the public notice. The proposed activity
would have a significant. impact. on the stream ecosystem -in the. immediata
work area and also downstream. Namely, the following are areas of major
concern: - ' .. -
1 . . Impacts of bulldozing which will change bottom irregularities
to a saucer shape cross-section reducing habitat di•v- rsity and
changes in the stream's sinuosity. _
2. Spoil coverage and deveaetation of bank and riparian areas from7
the pushing of the gravel material upon the banks of the stream. -
3. Increases in sediment loads and. deposition of the disturbed_
stream bottom substrate downstream reducing aquatic life repro-
ductive capabilities..
It should he noted that on page 2, paragraph 5,. the• Fish and Wildlife Service
and the Environmental Protection Agency should be mentioned as review agencies..
The Fish and Wildlife Coordination Act requires that "equal consideration"
be given to fish and wildlife by federal agencies undertaking water resources -
development activities. Thus,. because federally issued 1404- permits are-
subject to requirements of the Coordination Act, the Service is a key par
ticipant in the 404 permit application review and consultation process...
L
ri)
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• -2-
•
We recommend that- an individual 404 permit or emergency permit be submitted -
for each •specific. area- where the need arises for the removal of debris and
gravel: around existing bridge..abutments and piers within. Weld County, Colorado..
These. cements are submitted in accordance with the provisions of the Fish .
and Wildlife Coordination Act (48 Stat. ..01 as amended;: 1.6 U.S:C._ seq. ) .,
This.. letter constitutes the report of the- Department-of the. Interior on-the
permit. --
Sincerely yours,
•
Acting Area Manager
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