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:
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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' —
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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:
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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 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
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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
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i 'nI his noticeof�authorization must be
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". -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)
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