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Home My WebLink About860578.tiff RESOLUTION RE: APPROVE 404 PERMIT WITH THE ARMY CORPS OF ENGINEERS 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 404 Permit with the Army Corps of Engineers concerning the placement of fill material in the Cache La Poudre River near the North 25th Avenue bridge, known as Bridge 35 . 75/62 . 25A, and WHEREAS, the terms and conditions are as stated in the Permit, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it in the best interest of the citizens of Weld County to approve said Permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the 404 Permit with the Army Corps of Engineers concerning the placement of fill material in the Cache La Poudre River near Bridge 35. 75/62. 25A 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 23rd day of June, A.D. , 1986 . BOARD OF COUNTY COMMISSIONERS ATTEST: L •, WELD COUNTY, CILORADO Weld County Clerk and Recorder � , _ \.... and Clerk to the Bo,Mrd Ja que • son, Chairman BY: ��l7�nc je) o9 fi Lai' , ro-Tem Weputy County lerk APPROVED AS TO FORM: ene R. Bra miner e d. C.W. Kir y _gj . County Attorney ank Ya uchi 860578 ., �-,C( q7,, Application No. CO 2SB OXT 2 008470 Name of Applicant Weld County Engineering Effective Date Expiration Date(If applicable) Not Applicable • DEPARTMENT OF THE ARMY PERMIT Referring to written request dated April 9, 1986 for a permit to: ( 1 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 3,1899133 U.S.C.403); (30 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 133 U.S.C.1344); ( 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.10.52;P.L.92-532); Weld County Engineering 933 North 11th Avenue P.O. Box 758 Greeley, Colorado 80632 is herebyauthorized by the Secretary of the Army: to place fill material in conjunction with installing a drop structure in the northeast quarter of Section 36, Township 6 North, Range 66 West, Weld County, Colorado. The project consists of placing 53 tons of 16-inch granite across the channel approximately 100 feet downstream of the North 25th Avenue bridge (No. 35.75/62.25A) . The two-foot high drop structure will have a five-foot wide base. Rock placement will start at the river banks and proceed toward the center, forming a wide angle. The work will be performed with a backhoe during periods of low flow 1n the Cache La Poudre River at mile 8.85 in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit Ion draw- ings,give file 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 771S OBSOLETE (ER 1146624091 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 133 U.S.C. 1344),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, or any pollutant (including 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. 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 allow the District Engineer or his authorized representatives)or designees)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. 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. o. That if the activity authorized herein 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. a^?r•fTh,-"ryS 2 • Pk . .v .L T L , . . e •.L 'g . k, .L a., '. .\ , + basis 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 transferrers 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 permittee 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 luting in the National Register of Historic Places,he shall immediately notify the district engineer. r. Special Conditions:(Here list conditions relating specifically to the proposed structure or wont authorized by this permit): 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 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 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. e. That all areas along the bank disturbed or newly created by the construction activity will be seeded with vegetation indigenous to the area for protection against subsequent erosion. f. That the clearing of vegetation will be limited to that which is absolutely necessary for construction of the project. g. 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. h. That the use of machinery in the waterway will be kept to a minimum. i. That the structure is built so as not to prevent passage of indigenous aquatic species. j . 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. (Special Conditions continued on page 5) 3 The following Special Conditions will be applicable when appropriate: b ,rl r. • „k 1 L . i , ,. i. y a . „ .v i , 7`_ ' f� i YA MIT..,a.an_wan..."nat. T,. . J. .. , a • J1 , a J . e� • . . , SIU. a ., , , . , . • . I. , a.uS.shit iaa-3 , 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 end 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. : -IMINIMMESITSIMINIPPOMMIIMISINIMIEStibliShalli _ .. . 0 , , - . e.. nn. • .ti, ',. , . ._ ,. . , , „ . .. . . ,,, •.. , . . _ ass . R- _ _ __ -•aa. __ 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. \ 6%5176 bcid—e-Q‘sHIER IT'EE DATE BY AUTHORITY OF THE SECRETARY OF THE ARMY: DATE DISTRICT ENGINEER. US.ARMY,CORPS OF ENGINEERS Transferee hereby agrees to comply with the terms and conditions of this permit. TRANSFEREE DATE ,+ '-r'O5 S ry a 4 U.S. GOVERNMENT PRINTING OFFICE 1982 0 - 393-990 DA Permit No. CO 2SB OXT 2 008470 Weld County Engineering k. 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. 1. The permittee shall comply with the applicable general and special conditions imposed by the Colorado Department of Health which have been attached to and made a part of this permit. 5 g iti / JI — 1.N �o � � it //J//�1 ,,'\ ,II , tm o' : /// I'yyI / / Macon 2i \ ' Seeley //(moo •"•7 it 47/6 / / :1:.4>aa�• —_ Corned_ Lake 9 / i 1 • .. IC Y % "6 .no � �, --= _ . 030 Ir.w79F`~= S 41720''' .1 I / • -----' s�I4• g ,- 26 once 1 i_ 7 @-- 1' 7'30" '' i : f •'Tb � . r! \ 1 1 s• •a J0 Al."-" -- /� nicer ��' �� _ _� --_ _ r._aae i I� i �._ y ✓ I.rner.• l II x M to .e' r i_ Location �"° \��_ ' __E Cab II . ,. r. vN ' -‘ , f a. . • • ,, „,, , „,,,,,,...„,, • .• , „...„...„, , , . . , ...,, ,.. co , , , ..,.a .;___ —., , _ _ X17 4677 =35 c, 1� 3'__ . .....,:,_ ,_- __`'� , '4 • • i . -^, i .,1 ' : 400 T.6 N. �Cr= (��/�••y'/ / ivo y�,'!�� }!. '2 a Gam' ': /r° it 44 __ A% © - ; •'-• ♦'fir i -ett- - - , -!I fi c 4 r: • k i Ina i , gum. 4t_c • c , ; ,..„ . 4, \\evameigra- striani Tom, 2 •. CO 2. 56 OXT Z 008470 nfF Well C.oK•i+y E..9;rttr;i1 May 198(0 ..: ,ay,t�7`,� t fop S+n turt Jl Skttt i of 2 BRIDGE - 35.75 / 62.25A - v->/ LOCATION - Poudre River 0.6 miles _ - !/ North of 62.5 on Weld /'. County Road 35.5 / / _ 1 _ NoRTJ4 • 25n n' ave. _ 1_ _ _ _ —___ - - --,„„_' .. / / / •- /- -CY:- * ______ (... , 7-- -netf..V -- ._ -,_,� 70' r* SECTION VIEW \t6 ROCK (GRANITE) NO SCALE PURPOSE: Stria... bud, Stab; I;tat;on NUMBert: CO ZSB OXT L 008470 ADJACENT PROPERTY MINERS: IN Cache, La. Po wart Aver ] Flatiron Pay'. Co Co. AT GrseIty COUNTY of Weld STATE Colorado 2 C..rt1s s•h-D,5 APPLICATION IT Wslc( Co.,.%-1-7 Ens;necr;1 SKEET Z We DATE May /M. • Adopted: November 6, 1985 Effective: December 30, 1985 401 Certification General Conditions A. MANAGEMENT REQUIREMENTS The Division may require utilization of one or more of the following management practices, where reasonable: 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 to notify local health departments and owners of water supply intakes within five miles downstream from 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. 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. 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. —1— • Adopted: November 6, 1985 Effective: December 30, 1985 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 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. 12. Fill material shall be clean as practicable. 13. Structural fill or bank 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. 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. —2— ektusfria �_ . , Adopted: November 6, 1985 i:ffective: December 30, 1985 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. B. Certification Requirements The following requirements shall apply to all certifications and all conditional certifications. 1. Authorized representatives from the Colorado Water Quality Control Division shall be permitted to enter upon the area where the construction activity is taking place for purposes of inspection of compliance with 401 certification. 2. In the event of any changes in control or ownership of facilities where the construction activity is taking place, the successor shall be notified by his predecessor of the existence of the certification conditions. Copy of such letter shall be provided to the Water Quality Control Division. If, for any reason, construction activities result in non-compliance with certification conditions, a description of a cause of non-compliance, the period of non-compliance, and the anticipated time the non-compliance is expected to continue, and prevent recurrence of the non-compliance shall be reported in writing to the Colorado Water Quality Control Division within five (5) days of the permittees becoming aware of such condition. 3. Any anticipated change in discharge location and/or quantities must be reported by submission of a written notice, prior to the change, to the Colorado Water Quality Control Division. If the change is determined to be significant the notice will be acknowledged and approved or disapproved accordingly. —3— nom,.—,.y Adopted: November 6, 1985 Effective: December 30, 1985 4. Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions herein is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with limitations and prohibitions herein. The Colorado Water Quality Control Division shall be notified immediately in writing of each such diversion or bypass. 5. Except for data determined to be confidential (Section 405 of the Colorado Water Quality Control Act), all reports and information prepared and submitted in accordance with the requirements herein shall be available for public inspection at the offices of the Colorado Water Quality Control Division. 6, 401 certification or conditional certification does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state, or local laws i or regulations. —4— of DEPARTMENT OF THE ARMY OMAHA DISTRICT, CORPS OF ENGINEERS 8014 U.S. POST OFFICE AND COURTHOUSE ,,: OMAHA, NEBRASKA 08102-4978 �� REPLY TO June 10, 1986 ATTENTION OF Regulatory Branch PO Box 5, Omaha, NE 68101-0005 Weld County Engineering 933 North 11th Avenue P.O. Box 758 Greeley, Colorado 80632 Gentlemen: Enclosed is proposed Department of the Army Permit No. CO 22 OXT 2 008470 for the placement of fill material in conjunction with installing a drop structure in the Cache La Poudre River at mile 8.85. 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. rely, o n H. Morton, P. . Chief, Regulatory Branch Operations Division Enclosure *�;L'ei ei; mtmoRAnDum WilkTo Clerk to the Board Date June 19. 1986 COLORADO From Dean Dreher. Civil Tech, I. Engineering Department Subject: Army Corps of Engineers' Permit for Weld County Bridge 35.75/62.25A Attached is a 404 permit from the Army Corps of Engineers for Weld County Bridge 35.75/62.25A. Please place this on the next Board Meeting's Agenda and return the original signed permit to me. If you have any questions, let me know. !�.tl DD/dm Encl . Hello