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Home My WebLink About880953.tiff RESOLUTION RE: APPROVE DEPARTMENT OF THE ARMY PERMIT AND AUTHORIZE CHAIRMAN TO SIGN 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 Permit to be filed with the Department of the Army, Corps of Engineers, concerning the placement of fill material in a 4 . 86 acre wetland located north of Greeley in the NE} of Section 31 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, the terms and conditions are as stated in said Permit, a copy being attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it appropriate to approve said Permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Permit to be filed with the Department of the Army, Corps of Engineers, concerning the placement of fill material at the above described location be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Permit. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 28th day of September, A.D. , 1988 . ( eJ BOARD OF COUNTY COMMISSIONERS ATTEST: WELD UNTY, COLORADO Weld County C erk and Recorder AliCg and Clerk to the Board ene R. Brantner,�n � A :c c BY: ri cw..-7)c L„- L,f6,r.,-,c,, C.W. Kirby, Proem beputy County 'Clerk APPROVED II AS TO FORM: Jacqu ine J hnson EXCUSED j/ IGordon E. Lacy ounty Attorney EXCUSED Frank Yamaguchi 880953 ' . s Of ° - DEPARTMENT OF THE ARMY ce zl CORPS OF ENGINEERS. OMAHA DISTRICT p.,lux•.:.gy 215 NORTH 17TH STREET �•� _ OMAHA. NEBRASKA 68102-4978 October 6 , 1988 p REPLY TO 'JCT tIgO8 ATTENTION OF Regulatory Branch P.O. Box 5 , Omaha, Nebraska 68101-0005 G . Mr. Gene Brantner, Chairman Weld County Commissioners I'•' i l 1�1 915 10th Street Greeley, Colorado 80631 MU CGS.,., •� Dear Mr . Brantner : Enclosed is a Department of the Army Permit , No . CO 2SE OXT 2 11732 . This project involves placing fill material in a wetland in northeast quarter of S31 , T6N , R65W, Weld County , Colorado . Please note the Special Conditions on pages 2 and 4 or the permit . During construction, the enclosed yellow notice of authorization must be displayed near the project that is authorized by this permit . After construction is comnjete , please permanently display the metal permit near the authorized activity. You are requested to notify this office when the .:cr'.; '-ias been started and also when completed. Sincerely, D. F. Owens Chief, Operations Division Enclosures • • DEPARTMENT OF THE ARMY PERMIT Permittee WELD COUNTY COMMISSIONERS Permit No, CO 2SB 0XT 2 011732 Issuing Office OMAHA DISTRICT, CORPS OF ENGINEERS • NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below, Project Description: Place fill material in a 4.86 acre wetland in conjunction with a building project. Project Location: 4.86 acre wetland north of Greeley, Colorado, NE1 Sec. 31, T6N, R65W Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on October 6, 1991 _ If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi- tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office,which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina- tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. ENG FORM 1721,Nov 88 EDITION OF SEP e2 is OBSOLETE. (33 CFR 325(Appendix A)) 1 • 880953 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it con- tains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: See page 4 Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (x) Section 404 of the Clean Water Act(33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. - - - a. This permit does not obviate the need to obtain other Federal,state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit,the Federal Government does not assume any liability for the following: a. -Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural CHUMS. - - - b. Damages to the permitted project or uses thereof as a result ofcurrent or future activities undertaken by or on behalf of-the United Stitesin the public interest _ - __ -- c. Damages to_perions, property,- • or to other. permitted or..unpermitted activities -or_structures caused by the-activity • _ authorized by-this permij- - - - __ ". _ _ _ - - - - .. - • d. Design or construction deficiencies associated with the permitted work. 2 880953 I,. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4, Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to,the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate(See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.6. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209,170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below,as permittee,indicates that you accept and agree to comply with the terms and conditions of this permit. y/1/496/ (PERMITTE (DATE) ATTEST: BY: xa��ry °:can•. rf 4 A a This permit comes effective wh n the Federal official, designated to act for the Secretary of the Army,has signed below, (DISTRICT ENGINEER) - - (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred,the terms and - • conditions of this permit will continue to be binding on the new owner(s)of the property.To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below. - - - - _ DATE) - - _ 880953 S _ Special Conditions cons ' nued from page 2 WELD COUNTY COMMISSIONA _.S CO 2SB OXT 2 011732 -a. -- That all construction debris will be disposed of on land in` such a manner that it cannot _enter a waterway-or wetland.- - - _' - b. _ That equipment for handling conveying _ materials during construction shall be operated to prevent dumping or spilling the materials into the waterway. c. That care will be taken to prevent any petroleum products, - chemicals, or other deleterious materials from entering the water. d. That the clearing of vegetation will be limited to that which is absolutely necessary for construction of the project. e. The permittee will develop an area of replacement wetland about a quarter mile to the south of the authorized fill ' activity. The 4 .86 acre replacement area will be excavated to near the water table. Wetland topsoil will be transferred from the existing wetland to the new wetland, and trees and shrubs ' will be planted at the replacement site. This work is to be completed no later than one year after the permitted project is performed. f. That the permittee will control runoff rates at the replacement site, to protect wetland conditions . g. That the permittee will maintain the replacement wetland until such time as the new wetland becomes viable and self- sustaining. The permittee then will provide notice to this office that the new wetland is considered fully functional. h. That when the District Engineer has been notified 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. 4 880953 7-... -, \Lesi---, :-.:_`. \,-P.-.. 'i , \ 7/ tl: . ' II�' • 4732 L _ 'r - _ Mason I - oq:r -,-ti \- < �.azo/ •alc • • .s•—: Corner ' !! _ _ , ...., .. • • g r.wzo" - - - I t n. - r : 4 •$ `1`".11 ; .� I - I gI It% it/� L� 9, ^7. � / '•. ‘, � �� - � � r -. Greeley Junction • 1 2: aT4t1 — -- _ a. -jE• .---- •---z�—.. , eas a `4702 1 'l0 ri'iii , Spnw9 �\ -i 1 '�. I. N ..; \ x 9 ,l,..4--. �t`�` ✓�P^^1r'Ex• 5,1lv'a WLt IAti O., I • '\ .�. J [1� .��\l • •\ ' �1 - \ 1.n 'rte II ,.A \ : `\ .. � ;r•. Proposea' . y , /It r ;,.\ i�=�1V�= �' •� 6 � . .I��PI4CEmP11T ZIIQ� _ � i �� . 'r _ � >; _ •-;,'-'4:::%'....--1:4.4.:.:......2,, t - / 1 11 467- 1\ sil � gyp-- 1 y'qf• ' jTLl O �Ip. G7;•1148IIli. Yrt .�, • l' 11 L' A6b; is}- 06651 •• �� 14646 I%42 • r I 11 i 'mask ST ` \`1 / I i - s lCryrER _ _ 1 , / ORE-t, f •. . ! '�4. ji . \ I • t l • :� /; �'`�•� 0601 • ji!el... Mk Ar ! • ( j�Ism du II •• • V• . • •ate y ..y1, - • If 6p'p1 ie 1 s Ia�>�� . 1 $y >— ar ' 1 II II frsh� k I j1j1N' kri I^--, �� tit.' _ .. .4663�I' iI / I�I 4657. yI 4 a'i 1 �J�.''I,'.• Nil •i \ _. I P - II y 111 �I III .n`\ ! /1. �t.i��-- "-- . . rr' G Ri IE E' L_ IFFY_ I i 1I _1!' 'F 1tt �' �A. . I. f. • _ _ , .- rl T., i! i ly L B . I' at I sr . • 8?..... e Midi , 1 iI...iiII ,.r.1 ' 1466/ Idd1 Y- hi- U ��E_- 7._ scN_. 3! I k!J e+ia h.It r � y Sec. 31 7 6 NJ k 6S.t., - J I It, glib I \V¢I S. Co +y / CO I retie -_ - I I'., I : L. co aSG ox-r a O11732- --••.1911. -1S-11 �� ;� � 1 � , 1 /� .4 t� i \ I - I • . .c21ct Co K vnTy Co v.- rr. 1 SS ;0 n-e I'S •II� 1: 51 SJ I 19 28 Sett+! �_ Hasa" rle[.' ' HII .Ic.)li¢h. I^� vvel�c dd v rar0 S2 - .�. � �-. .4f16. pt.� MOr011.1� ..si / II��JJ _l 1--_ "0" 7 e/I''f�v oe-ad/.4c , _ .. ' � et CO � I iria/ L. Vs ...w 1 -,� - - w.# YD EF BLDGS '22 - 1 - _- _ ?f1 - - \ APPROX BLDG F100N AREA _1 00- SQ'/PT �OP • - _ -- ;LOG HEIGHT- 3611 - l - - _ - - - - - - - - - TIME TYPE -- A LDNED:Bf *PA! Lt _ `I ��- OJ - - - - North - LOG CODE 507/KA Y - C Scale: 1•-200' /•. IIf C __ al CONCRETE FACING , • .�I7"j . ..� 4. - / // Mad — E • Ala ,Ads Arr :4--::--7_:--a_::::',':::.--.;71---.:::' • . Existing Wetland iskit ,. -_ 4�► ir .—__ 4.86a z _ I "-r_- _ J MFG .. as•ME NO = BLDG 0- — 1 - I APPROX. .64....._ - A .+: T, - - - • - - F• >t BLDG. HEIGHT 33 rEEl I so! z_ TYPE Or STRUCTURE AS AL • 0!B\.� \ APPLICABLE BLDG. Centel' OOS 7,� ►`� - 'oJ�d,�.b _ -- I slt I \ . Eossi+w•s>< -- !. - -- '.«� r'iyafion Di*f h h, l S r.1.411 (}r c -i-) sw - i 0 iI 11 0-0frJ' 'scot VIII nor I \\ I •T•a' Replacement Wetland rat III Iii — --≥— - Cow..}_ A rat'-IN4'� LLI Co v... .v. i SS ;Otters 4.86 acre ,t - I . - -x3n 1 • ..-..•.._. C.0__ ash OxT._ z_ v ,. - a , ... r- ' ,r,4..` �- rt, 1.01 , ,,, ':r s Si, 7 _ / / ' «o °L._Skee{_ .Z of Z .v k -- ' -- _ 880953 General Conditions 1. .Before a federal licensee or permitee commences any project in a - _ .watercourse,_which- project-may adversely affect- water- =quality,.it shall --, _ - _ = make_reasonable -efforts Co notify local- health departments ano_owners of - :- - water _supply intakes-within-five miles downstream froth -the- site _of -the = - . project before commencing work. - : 2. : Construction operations in watercourses and water bodies shall be - . - - restricted to areas specified in-the. application for the- federal license or permit. - - 3. Permanent erosion and sediment control measures shall be installed at the earliest practicable time consistent with good construction practices and shall be maintained as necessary throughout the operation of the project. One of the first construction activities shall be the placement of permanent and temporary erosion and sediment control measures around the perimeter of the project or the initial work areas to protect the project water resources. 4. Temporary erosion and sediment control measures shall be coordinated with permanent measures to assure economical, effective, and continuous control throughout the construction phase and during the operation of the project. 5. Work should be carried out diligently and completed as soon as possible. 6. The use of chemicals such as soil stabilizers, dust palliatives, sterilants, growth inhibitors, fertilizers, deicing salts, etc. , during construction and operation should be limited to the best estimate of optimum application rates. All reasonable measures shall be taken to avoid excess application and introduction of chemicals into the waters.as a result. 7. Measures shall be taken to prevent spilled fuels or lubricants, from entering the watercourse. 8. Whenever practicable, operations shall be conducted during low flow periods, during periods when spawning is not occurring and during periods when recreational use is relatively low. 9. Solids, sludges, dredged or stockpiled materials or other potential sources of pollutants, shall be disposed of or controlled in a manner so as to prevent such materials from entering watercourses. Should such materials enter the watercourse, downstream users within 5 miles shall be notified, as well as the Colorado Department of Health and local health departments. 10. Materials used during construction or operation or removed from sediment traps shall not be stockpiled or disposed of in a manner which makes them readily susceptible to being washed into any watercourse by runoff or high water. 11. Measures shall be taken to prevent the entrance of wet concrete into the watercourse when placed in forms and/or from washing of trucks. 880953 Page 1 of 2 -12.- "Fill material shall-. be clean as practicable. _ 13.- _Structural fill -of hank-protection shall_consist- of materials, -which are - _ = placed and--maintained-- so as to withstand predictable high .flows- in the- - ' watercourse. Hazardous -areas should be_clearly marked -or- made = inaccessible to the public: _ . -14: - Concrete slabs which may-be unstable are not authorized for use as riprap. Broken concrete chunks are authorized but shall be free of _ protruding reinforcing materials. ' • 15. Areas disturbed by a project and which are suitable for vegetation shall : - be seeded or revegetated to prevent subsequent soil erosion. • - 16. Discharges of dredged or fill material in excess of that necessary to complete the project shall not be permitted. 17. Discharges to waters of the State not included in the application and not certified in accordance therewith are not included within the terms of this 401 certification. • Page 2 of 2 880953 STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH .4210 East-11th Avenue -_ - _ - - - of cot,-. - - - - - r- - � 4 Denver,Colorado 80220 - - - - _- sa N� O _ _ • l�Jj 1876 . September 7, 1988 __ Roy Romer - - - - - _ - - - - - Govern« - " - - - �:• - - _ _ - Thomas M.Vernon, M.C -- - - - 4ecutne Director Colo. Cert. 0 1988; ON Permit 11732 ' - County: Weld Gene Brantner Weld County Commissioners 915 10th Street Greeley, CO 80631 , RE: Section 401 Water Duality Certification _ Dear Sir: — The Water Quality Control Division has reviewed the federal license or permit application, public notice, or other information submitted related to Certification for the activity described below. Provided the plans of operation included in the submitted information are followed and the attached General Conditions (where applicable) are complied with, the Division is reasonably assured that Sections 301, 302, 303, 306, and 307 of the Clean Water Act and applicable sections of the Colorado Water - Quality Control Act will not be violated by this activity. Description: Filling of wetlands. Location: Section 31, Township 5 North, Range 65 West. Watercourse: Wetlands. This certification does not constitute a relinquishment of the Water Quality Control Division's authority as delineated in the "Colorado Water Quality Control Act" or any subsequent alterations or additions thereto, nor does it fulfill or waive any other local, state or federal regulations. S ceret M � I ion!Scherschligt,llChief `Groundwater and Standards Section Water Quality Control DivisiCn JS:njf Attachment: 2 Pages of General Conditions t2SEPREn F,NT_.OF DEPARTMENT OF THE ARMY 4- CORPS OF ENGINEERS, OMAHA DISTRICT - noC- '^ 215 NORTH 17TH STREET _ - - - _-OMAHA, NEBRASKA ES102-4978 _ _ - j,e -- - - - - September 21 ,- 1988 _ - - ATTENTION OF _ -_ -- Regulatory Branch P.O. Box 5 , Omaha, Nebraska 68101-0005 - Mr. Gene Brantner Chairman, Weld County Commissioners 915 10th Street - . Greeley, Colorado 80631 Dear Mr. Brantner: Enclosed is proposed Department of the Army Permit, No. CO 2SB OXT 2 011732 . The project involves placing fill material in a wetland. 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 our receipt of both copies , the permit will be executed and returned to you. General Condition No. 1 of the permit will establish the time limit for completing the work. In this particular case , it will reflect a construction period of three years from the date of issuance of the permit. The permit is not valid until signed by the District Engineer . Sincerely, on E . Strive Acting Chief, Regulatory Branch Operations Division Enclosures 880953 Q a m M . C O NIII N H H r ; CC v O Ir. tag W :Z :; W � ° ag la V (i) W 0 W um Li Wis aW a CD H -- ISM Ia � � >m _SE CC gIL i Cbag 44 Vi = _ = Pam _. A Hello