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HomeMy WebLinkAbout851312 fST-PF �'it' Mth'IN% DEPARTMENT OF THE ARMY me'ce l A %1y OMAHA DISTRICT CORPS OF ENGINEERS A PI v_ 6014 U.S. POST OFFICE AND COURTHOUSE 'Fe OMAHA, NEBRASKA 68102 , " n,, , REPLY TO ATTENTION OF April 1, 1985 Permits Branch PO Box 5, Omaha, NE 68101-0005 WELD gil„ op c-1,)-77?-r7-1Cit -17-1: 77 a ,,I I„,..,.,,,,,„„._ qPR 819- it Weld County ,: P.O. Box 758 c;; �,L,f Greeley, Colorado 80632-0758 ' — Gentlemen: Enclosed is a Department of the Army permit to authorize the placement of fill material in conjunction with a channel cleanout project at mile 288.45 in the South Platte River, No. CO 2SB OXT 2 006447. Please note the Special Conditions under paragraph II, pages 3 and 5, of the permit. The enclosed metal permit identification plate must be prominently displayed on or near the upstream end of the project authorized by this permit. Sincerely, 6. flgc William4:rr- R. Andrews, Jr. Colonel, Corps of Engineers District Engineer Enclosure a6 oe/ 851312 Application No. CO 2SB OXT 2 006447 Nam of Applicant Weld County Effective Date April 1, 1985 Expiration Oats(Handleable) Not Applicable DEPARTMENT OF THE ARMY PERMIT Referring to written request dated June 5, 1984 by: Weld County P.O. Box 758 Greeley, Colorado 80632-0758 for after-the-fact authorization to: ( ) Perform work in or affecting navigable waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403); (1) 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 Clean Water Act (33 U.S.C. 1344); the Secretary of the Army hereby authorizes: the excavation of approximately 3,400 cubic yards of dredged riverbed material and placing such along the riverbanks at a minimum 3-foot horizontal to 1-foot vertical slope in the South Platte River at mile 288.45 in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit(on draw- ings,give N.number or other definite identification marks.) 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 j or k hereto,and in the institution of such legal proceedings as the United States Govern- ment may consider appropriate,whether or not this permit has been previously modified,suspended or revoked in whole or in part ENG FORM 1721,Sep 82 EDITION OF 1 JUL 77 IS OBSOLETE iaa nacsal 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 establish- ed pursuant to the Clean Water Act(33 U.S.C.1344),the Marine Protection,Research and Sanctuaries Act of 1972(P.L. 92-63% 86 Stat.1062),or pursuant to applicable State and local law. c. That when the activity authorized herein involves a discharge during its construction or operation, or any pollutant (iaciadieg dredged or fill material),into waters of the United States,the authorized activity shall,if applicable water quality stan- dards 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 implementation 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. t. 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 allow the District Engineer or his authorized representatives)or designeels)to make periodic in- spections 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 reasonable ac- cordance 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. j. That this permit does not obviate the requirement to obtain state or local assent required by law for the activity authoriz- ed herein. k. That this permit may be either modified, suspended or revoked in whole or in part pursuant to the policies and pro- cedures of 33 CFR 325.7. 1. 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 materially false,materially 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. a. 'Ph.A eh.t,,,...,ae,.....L11 fa-tvet.ante of We tine a t....nnisieufress.essi,as the Dialaict Caginess ditty specify,and of cry suspension of...,.L,if f...a i:...iod of we:e Ulan sue tk,.eswaptuaof wank cud:LscompleLea.— ersPka�i tLa_tj.:w aYlhet Yea k_.__ ie eateateplsteie■eekafsts fret �'9+sess.1 t' — tom tA< i,l«JtA....:a + :f..ci s.----;1, t-.dad t: 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■ 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. 2 a Tlaa aL S It Y Y\ • a J 141. j at.am. ly al • a f.l -at.l .• • eSie 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 transforms subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit In addi- tion,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. u. That if the permitter during prosecution of the work authorized herein, encounters a previously unidentified ar theological or other cultural resource within the area subject to Department of the Army jurisdiction that might be eligible for listing in the National Register of Historic Places,he shall immediately notify the district engineer. II. Special Conditions:(Here list conditions relating specifically to the proposed structure or work authorized by this permit): a. That any debris resulting from future work on this project will be disposed of on land in such a manner that it cannot enter the waterway. b. That equipment for handling and conveying materials during future work on this project shall be operated to prevent dumping or spilling the materials into the waterway 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 all future work in the waterway, associated with the activity authorized herein, will be 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. e. That the clearing of vegetation in conjunction with any future work associated with the activity authorized herein will be limited to that which is absolutely necessary. f. 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. g. That all stockpiled material adjacent to the riverbanks in the work area will be removed from the project site and the area will be restored, as near as practical, to pre-project conditions and revegetated. h. That, prior to May 1, 1985, the permittee will develop and submit to the District Engineer for approval, a revegetation plan for restoration of the disturbed area. The revegetation plan shall consist of a combination of trees, shrubs and grasses indigenous to the area. (Special Conditions continued on page 5) 3 The following Special Conditions will be applicable when appropriate: a. Ti ...• ! 's-1 . .. • .. t R p s .., . , . ... Sr :yilsa�:�iwa+s•lanud IreirY.a�i`-------.! !_..:--`-"----`ear's S .. . .' •• ... . .,*tin J .car _ , . . , ., , '. - . . .. , .. ,•tiormasaftesponsiAte 0 m. . . .. 'to I - - r -' ` .. • 9 . C ..no T. s. .— I. ...„4 s• I. ., .•., A. • . . . .. a T. . . . .. --.ft. - „ • • F j -le; 8. '- , , '4' i y •., 4 • G: . b-"t . , . . . . S,... awiMewwiwligimps 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 pur- suant to Section 404(b)of the Clean Water Act and published in 40 CFR 230; b. That the discharge will consist of suitable material free from toxic pollutants in toxic amounts. c. That the fill created by the discharge will be properly maintained to prevent erosion and other non-point sources of pollu- tion. z. That-the_'.:.." r--al 7ill b. t-...lad:.t L i_afc.. ay -'it`et g.,IE, r"j...•: I, c' , ' f• cf N'c EPA -,:.--'.at -ata6 h4A-pussua_t tc S:-tits 199 of the ttcii.:.P.otw.tiaa,R.-Lai eh tad Er:,_.t• '_s Act if 1072,tu`lit1.,3 in 10 CFR eac —2'28— ..:-T-_..._..........r:-.....”.P:....,:a.K.......1...h.,....a r....h.,......1....a.:.. ' •..P , 'e"' J-.% t 'a —.. .:..11---'- This permit shall become effective on the date of the District Engineers signature. Permittee hereby accepts and agrees to comply with the terms and conditions of this permit. �_. '\, i 1a I '; P KITTEE DATE i pya Bogyard cotalpty Commissioners RY eia tittIORITY OF THE SECS, ARY Of THE ARMY: 6 °'k 2 (.L April 1, 1985 Wil ram R. Andrews Jr. DATE Colonel, Corps of Engineers DISTRICT ENGINEER. US.ARMY.CORPS OF ENGINEERS Transferee hereby agrees to comply with the terms and conditions of this permit. TRANSFEREE DATE 4 U.S. GOVERNMENT PRINTING OFFICE : 1982 0 - 393-990 DA Permit No. CO 2SB OXT 2 006447 Weld County i. That the approved revegetation plan will be implemented within 30 days of approval and the total revegetation completed by May 1, 1986. j . That upon completion of the revegetation the permittee shall notify the District Engineer of such completion and shall make arrangements for a final joint inspection of the site. 5 Backf://CTYR) Kfi// 07719 r : _ _ .. t • E _ IfiSTOCi }� „ �J • s 1T Il tv• /li �.,.,,• �i /'_ II IIMKNETTES .SAWA. .. .Cc C• . I • Sand I GAtave/ 1 Sic.r/O.0 VIEW -` T .▪ : : r— A/D 6ca/G rb ' ,..a C� •v_-, '▪-' - - ' , - - ; nee J wt ,, . .• I BOA •• . , n otc. 9 t, T.t if, fc (P(t W .ano..(r ll f �y • tjd AA /4Ya /"a 400' '�� 'Sand(Gaa'e/ Ba,e(Tvad t___ it Hi a. Nor a-5: I 1 1) 3,400 C.1( - Mat Salad 2emorea' 2)Vhalee Saface Elev.V/Ew - t.it Data. u icnomit, rueria:Fttl 1 titan AL/ Vela DAIWA ADJACENT POVERTY ONUS: 1 Narry r Mar4liit_ Tat)aye. ar mule ap8. 4s 2 Greeley /t(e-/,'oKa.( Baal( WS Wad as o(ora do r n unnou wad r c n1t anti VI WE to-2g_Yi,L. 41R0 :s�,�y',s 1643 Ali. Co d58 DP- a- 6001147 Q I = m a o 1• 0 sal N Ille G1� V iC grg W O " W FonCNI �is Z a0 Ca e W v,QNue• Is W la. O ma mil = 0 W Z t an W lag. ZE 0 V W y M Og o.. DG N Q N vs = \ = Is i 'nI his noticeof�authorization must be y ' . ". -conspicuouslyadispiayed atthe*site of work. United States Army Corps of Engineers Omaha District April 1, 1 9 85 A permit to place fill material in conjunction with a channel cleanout project at mile 288.45 in the South Platte River has been issued to Weld County on Apr. 1, 19 85 Address of Permittee P.O. Box 758, Greeley, Colorado 80632-0758 Permit Number nr CO 2SB OXT 2 006447 Ifir_District Commander William R. Andrews, Jr. Colonel, Corps of Engineers ENG FORM 4338 , Jul 81 (ER 1145-2-303) EDITION OF JUL 70 MAY BE USED (Proponent: DAEN-CWO) Hello