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Home My WebLink About851461.tiff RESOLUTION RE: AUTHORIZATION FOR CHAIRMAN TO SIGN U.S. DEPARTMENT OF THE ARMY 404 PERMITS 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, Drew Scheltinga, Weld County Engineering Director, has presented to the Board of County Commissioners three Permits 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 Permits 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 permits, and WHEREAS, the Board of County Commissioners determined that said Permits are necessary to protect and maintain the bridges of Weld County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Chairman be, and z.. hereby is, authorized to sign the 404 Permits for Department of the Army for removal of gravel deposits. f ,e,24 , 4 /Gecnuret+ ee (d M.5 - Ea go/4 851461 C) r'1 Page 2 • RE: 404 PERMITS - DEPARTMENT OF ARMY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of June, A.D. , 1985. a7 Wj BOARD OF COUNTY C COMMISSIONERS ATTEST»`� WELD COUNTY, COLORADO Weld County Clerk and Recorder ° `° e - • • . - and Clerk to the Board JfS9Pro-Tem ine Joh s•n, Chairman BY: ;at- •et Deputy County ;at-etlerk f r . Lri�i APPROVED AS TO FORM: C.W. K CG. :''7� , a ' ' �--Attorney /� ounty Frank Yamag�% i c , , CiA.q1 Application No. CO 2SB OXT 2 007107 .hot. !t NaofAO -d Weld County U Nam Effective Date Ezpinfian Dare wappeesbt) Not Applicable DEPARTMENT OF THE ARMY PERMIT Referring to written request d January 2, 1985 bye Weld County P.O. Box 758 Greeley, Colorado 80632-0758 for after-the-fact authorisation to. ( ) Perform work in or affecting navigable f 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); (x: Discharge dredged or fill material into waters of the United States upon the issuance of e permit from the Secretary of the Army acting through the Chief of Eng1 pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344); the Secretary of the Army hereby authorises. the removal of an estimated 3,500 cubic yards of sand and gravel material from the channel which was dozed to the nearest riverbank and bermed along a fringe area. The material was placed at a 3-foot horizontal to 1-foot vertical slope in the South Platte River at mile 294.22 in accordance with the plans and drawings attached hereto which an incorporated in and made a part of this permit(ow draw Met glue file mswber or oAr definite Idrumcstlon wanks.) • subject to the following conditions: L 9aareral Cadillac 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 authorised 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 It hereto,and in the institution of such legal proceedings as the United States Govern- teat may consider appropriate,whether or not this permit has been previously modified,suspended or revoked in whole or in put ENO FORM 1721.Slap 82 tofnow or JUi.n isossotErE UM 11044110 1 f w1 b. That all activities authorised herein shall,if they involve, during their construction or operation, any discharge of pollutants into watare 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 W U.S.C.1344),the Marine Protection,Research and Sanctuaries An of 1972 IP.L ann. IS Sum Id6sl,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 dims dredged or lfg newish,into waters of the United States,the authorized activity shall,it 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. �I as identified under the Endangered Species Act. d. That the discharge will not destroy•threatened or endangered species 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 authorised 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 constriction or work authorised herein in a manner so as to minimise any degradation of water quality. g. That the permittee shall allow the District Engineer or his authorised representative(*) under igne authority of this permit makeperiodic in- in spections at any time deemed necessary in order to assure that the activity being performed 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. L That this permit does not convey any property rights,either in reel estate or material,or any exclusive privileges;and that it does not authorise any injury to property or invasion of rights or any infringement of Federal.State,or localises or regulations. j. That this permit does not obviate the requitement to obtain state or local assent required by law for the activity authoris- ed herein. k. That this permit may be either modified,suspended or revoked in whole or in part pursuant to the policies and pro- ceding*of 611 CFR 326.7. L 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 pert. and/or the Government may,in addition.institute appropriate legal proceedings. m. That any modification.enspeaslun,or revocation of this permit shall not be the basis for any claim for damages against the United States. etmeerthenuenesircesoenpekerefwerkreltimeompletionte • aelmliesiewmatreelipeopis 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 ether gencise of the Federal Government. q. That if and when the permittee desires to abandon the activity authorised herein,anises each abandonment is pert e transfer procedure by which the permit' a s.la transferring his interests herein to a third party pursuant to General Conditionhereof.he meat 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 load 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 is reel property. 2 o a. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorised huen t That this permit may not be ernnaternd to a third party without prior written notice to the Dletiict Engineer,either by the transferee's written agreement to comply with all terms and conditions of this permit or by the transferees sabeaibind to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit la.ddb the,If the permietee trnnsfsn the interests authorised herein by conveyance of realty.the deed shall reference this permit end the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate arda1 a. That if the permitter during prosecution of the work authorised herein. encounters a previously unidentified an theological or other cultural resource within the area subject to Department of the Army jurisdiction that might be eligible for hating in the National Register of Historic Places.he shall immediately notify the district engineer. R. Seeded Condition:(We,Wt conditions misting speefltosly to the proposed structen or ssora suthmterd try this pnwitk 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 a waterway or wetland. 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 all disturbed areas along the bank will be revegetated with similar species and densities which existed in these areas prior to the project's beginning. f. 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. g. 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. h. That existing fill material piles will be regraded to a 3-foot horizontal to 1-foot vertical slope on both sides and to a height which will not exceed 3 feet. i. That in regrading the existing stockpiled material, the permittee shall insure that such material is not deposited in the waterway or areas of dense, woody or herbaceous vegetation. (Special Conditions continued on page 5) $ ral The following Special Conditions will be;applicable when appropriate: b. T".e- i ! t J\t J te"t '-w r . \\ till ._ hb .\ S a. .. .L .. ,l .tJ 44. • Tt ."S. -' J JJw, . is. I Iwo. 1 t/ ' ` •. J L' .. 1. J ni /. 11 J . \.\ , .\ J J e . , 1.- . ... araperieskilarailia i T►.t.. J J .,ty t 2 _r et _AI- - . W J-h . SP . L \L. , . . J . .. ... •. J •.. . . Po \.n ` . • .J a1.,L .. d. 2 ► - - .. . J: J1 J. . I, t ..t r ... . .. Al \J.. ., ,. 15 \ II , t J _ . • • • ter• J.,. , L = ! Pt v 1. rIn .n , . e . . . .. . . < J . . , - . . . .n.t.......dnd ies. DRICNARGES OF DREDGED OR Flu MATERIAL INTO WATERS OF THE UNITED STATER 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 fns 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. • hi ISIlerlhe}v.JtL.. heB}its-- _r.�Sa.... iliac----p:----gel'--:_•`_ .____I.,,x�..._ : �. s i • d` -• 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 Chairman BO of County Commissioners //C/& r� (Q RISE DATE SY AUTHORITY OF TM SECRETARY OP TM ARMY: DATE DISTRICT MINIM. Us.ARMY.COOS OP BIGINIERS Transferee hereby apses to comply with the terms and conditions of this permit TRANSFEREE DATE 4 U.S. GOVERNMENT PRINTING OFFICE : 1982 0 - 393-990 n 'C DA Permit No. CO 2SB OXT 2 007107 Weld County j . That, by June 1, 1985, the permittee will develop and submit to the District Engineer for approval, a revegetation plan. The plan will include, but not necessarily be limited to, a listing of plant species and density, a specified success rate of revegetation, and a date by which all revegetation will be completed. Ili I3 5 • E r • .w I • #:. r �:1�� '^ • _ • ��1, -N 112�-15i FLOOD .. �I ... , ••. .• r FRINGE . ( fl:' - - f O��rp� t 1 I . . \r1 f- 3 3 ((( •• i• •. 1•�°• �1 I it. n n ° il�• f • BACKFILLED BACKFILLED •• I� II AREA AREA R !; _+ f SECTION NO GALE •• A: R PROJECT SEC 3O., TIN, RC.LW \ I LOCATION 301 4 RD Co • N _ NOTE' • I.wATER ELEVATION 8 -� DATA NOT KNOWN n t - ly ---...,1m 350OC.Y. REEMN OVER R it N AREA (M) PL AN SC' w PURPOSE ' FILL/CHANNEL CLEANOUT IN : SOUTH PLATTE RIVER _ DATUP'1 - - AT' MILE ADJACENT PROPERTY OWNERS : COUNTY OF : WELD STATE: COLO APPLICATION 9Y : WELD C.OUNTY °ae'CLaoMt -FrZOWI OAI,Co.SOtt/ 5P4 lT I OF I DATE : 7-ZG-84 CO rteo OXT 02 007/07 f n °F DEPARTMENT OF THE ARMY s .r OMAHA DISTRICT CORPS OF ENGINEERS 1/4 11 6014 U.S. POST OFFICE AND COURTHOUSE T . OMAHA, NEBRASKA 68102 ��" REPLY TO ATTENTION OF May 16, 1985 Permits Branch PO Box 5, Omaha, NE 68101-0005 Weld County P.O. Box 758 Greeley, Colorado 80632-0758 Gentlemen: Enclosed is proposed Department of the Army Permit No. CO 2SB OXT 2 007107 to authorize the placement of fill material in conjunction with a channel clean out project in the South Platte River at mile 294.22. 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. Sincerely, John H. Morton, P.E. Chief, Regulatory Branch Operations Division Enclosure t '� rm L0-6 - sS Application No, CO 2SB 0XT 2 007108 �'(''^'{- Name ofAppgea4 Weld County EfieefM Date Emirate Data(If n ombM Not Applicable DEPARTMENT OF THE ARMY PERMIT Referring to written request dated January 2, 1985 by, Weld County P.O. Box 758 Greeley, Colorado 80632-0758 for after-the-fact authorization tot ( ) Perform work in or affecting navigable f 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); (]0 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 Engi pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344); the Secretary of the Army hereby authorises, the removal of an estimated 6,600 cubic yards of sand and gravel material from the channel which was dozed to the nearest riverbank and bermed along an area approximately 800 feet long. The material was placed at a 3-foot horizontal to 1-foot vertical slope • in the South Platte River mile 279.90 in accordance with the plans and drawings attached hereto which are incorporated in and made■part of this permit(on drew- noes.gin I&woe r oda,definite ideasyiestba woks.) • abject to the following eontlitionc L SanenlConditons s. That all activities identified and sutborised herein shall be consistent with the terms and conditions of this permit and that any activities not specifically identified end euthorised herein shall constitute s violation of the terms and conditions of this permit which may rank in the modification,suspension or revocation of this permit,is whole or In put.as set forth more specifically in General Conditions)or k hereto,and in the institution of each 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 pert ENG FORM 1721,Sep$2 =Km ope Jut nesonsarra erne,.,., 1 b. That all activities authorised herein shall, U they involve, during their construction or operation. any discharge of pollutants into waters of the United Sue,or ocean waters,be at all times consistent with applicable water quality standards, effluent limitations and standards of performance,prohibitions,pretrestment standards and management practices establish- ed pursuant to the Clean Water Act(33 U.S.C.1314),the Marine Protection.Research and Sanctuaries Act of 1972(PS l-sn 86 Stet 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 (fecleding dredged or lag 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*onto minimize any degradation of water quality. g. That the permittee shall allow the District Engineer or his authorized representatives)or designate)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. t 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 righta 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 pungent to the policies and pro- cedures of 83 CFR 326.7. L 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 p. -sdtage. m. That any modification,suspension,or revocation of this permit shall not be the basis for any claim for damages against the United States. i.•#etlfa etiriyraw.te......�ieuaemplsMdenesiete - '-y -f .'9 •" • 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 permitte desires to abandon the activity authorised 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 ha eof,he must rectors the area to•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 each action as may be n-aeeary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interest&in reel property. 2 ew�th.a�igsuWi heni- 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 transferral subscribing to this permit in the space provided beiow and thereby agreeing to comply with all terms and conditions of this permit In addi- tion.if the permittee transfers the interests autborised bends 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 dad with the Register of Deeds or ether appropriate official. n That if the permites during prostitution of the work authorised herein. encounters a previously unidentified sr 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 Plac a.he shall immediately notify the district engineer. It. spaWl Conditions: Went Set conditonss relating spedllcefy to thepropped stream or work ertkoriad by this pereiitk 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 a waterway or wetland. 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 all disturbed areas along the bank will be revegetated with similar species and densities which existed in these areas prior to the project's beginning. f. 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. g. 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. h. That the existing fill material piles will be regraded to a 3-foot horizontal to 1-foot vertical slope on both sides and to a height which will not exceed 3 feet. i. That in regrading the existing stockpiled material, the permittee shall insure that such material is not deposited in the waterway or areas of dense, woody or herbaceous vegetation. (Special Conditions continued on page 5) 3 1 The following Special Conditions will be sable when appropriate: \ ' ionaiessessisesaaratiat. e.ih_ • • •"- • .. . „alijiabilidelelliediglaSSIMabragigellegt h,�rasstuwp - - - -- esi_Mrbpara_M.. an d'-----▪ -`rases! , .ibi.. eareleathaelegais a +� pastyr.,upon,a9„tipi,a,....;.w.atamnawa d.lbirpeawNrrrp-- '•---p. . 1_M...��___e►_ .ter.' '\ As. - r ' " V . Vwtea.raS 2__ :�rerd wrau n+bnYaw9awpwiabr .• ae_ A . , .. .. I .. • .._. -- ►1 'i• .. c .i •ah • i .ai .__saww+aw.w v • . ..n - ... ,, ., - • .. ,..4.,. ... . ,. • ` .� • NANISPENISIMIIIISOF • • 1 + . , . . . .... ' ... . . .. ... • . . . . - .. AA . L • . . . < . Al e tiaararaiwdjns• DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UTATED STATER 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!b1 of the Clain Water Act and published in 40 CFR 550; b. That the discharge will consist of suitable material free from toxic pollutants in toxic amounts. o. That the fill created by the discharge will be properly maintained to prevent erosion end other non-point sources of pollu- tion. a.r.1at-the-t-r--d vL'1 b.. _—asd _ti ia --i- -.1C e grt-,r•j . - ..- '---- of the ?9A setae{- �•tt St-i:.a D 1 cf L`a 1t:.L.., r:d e - td Ad et 1072-. ::!J'-`_i is t49P:rf— •1t_shall r1 •upy sI ehis psearas m--p'—_... .___:_.........:..,r -- ---_-- _- This permit shall become effective on the date of the District Engineer's eignatunn. Permitter hereby accepts and agrees to comply with the terms and conditions of this permit Chairman Bo County Commissioners ITTEE DATE RY AUTHORITY OF THE SECRETARY OF THE ARMY: DATE DISTRICT ENGINEER. Us ARMY.COM OF MGNIEERS Transferee hereby agrees to comply with the terms and conditions of this permit TRANSFEREE DATE 4 U.S. GOVERNMENT PRINTING OFFICE : 1982 O - 393-990 DA Permit No. CO 2SB OXT 2 007108 Weld County j . That, by June 1, 1985, the permittee will develop and submit to the District Engineer for approval, a revegetation plan. The plan will include, but not necessarily be limited to, a listing of plant species and density, a specified success rate of revegetation, and a date by which all revegetation will be completed. '''a..f 5 '_• REMOVE . �,,;. . -.;Y. )53/4 /1..)eatSt it40, iECT/O/1 MC.56 raw Ran✓ NO SCALE' Reoscr LOCATION • Alore: I. WArsti Eiawranw Darn 4.W x trowu/ • 41•00C.): Sawa aut. IeemovSo • w PLOW V/£W Ff 5,.., „ - fir °,"+grt `sr'#',x+ ! i44 t .$fn `eR°.s,,,'x s L„ "� - r o..,i�rt-.aar.. s Ss.y*. ryska�At: t5 3u.... q. 'is'M p rtn PuaPasE: FicL/C.w...va c dralOt r I,v: 3or/rw PLATTE 2iva a�.reawt: Ar: Mu.E' Aau.cn/r Paeoa Owabswts: laY.wrr ate: WELD Sravr•Coco. Fr. Vasa:alga Cawsaro.-Sisa tiCasneae Ilrpuctrnawsr.'WanGo. MEiie u ,Do v.�co-Fr.Le.A•np(/,CO.easy 'Sneer / op/ Da ir: /2-/t-St Co 258 oxr 2 00710$ fl o DEPARTMENT OF THE ARMY „ .`i OMAHA DISTRICT CORPS OF ENGINEERS lilersi 6014 U.S. POST OFFICE AND COURTHOUSE ! OMAHA, NEBRASKA 60102 REPLY TO ATTENTON OF May 16, 1985 Permits Branch PO Box 5, Omaha, NE 68101-0005 Weld County P.O. Box 758 Greeley, Colorado 80632-0758 Gentlemen: Enclosed is proposed Department of the Army Permit No. CO 2SB OXT 2 007108 to authorize the placement of fill material in conjunction with a channel cleanout project in the South Platte River at mile 279.90. 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. Sincerely, John H. Morton, P.E. Chief, Regulatory Branch Operations Division Enclosure P. �. f (0 - to Ap,�odtlonNO. CO 2SB 0XT 2 007109 �� Jc4 �_ —60, X1A.0rt Nwo eefRgOlorg Weld County Effoaf n DeM TaplmtlofDateW.PPHedb) Not Applicable DEPARTMENT OF THE ARMY PERMIT Referring to written request dated January 2. 3985 by, Weld County P.O. Box 758 Greeley, Colorado 80632-0758 for after-the-fact authorisation to, ( ) Perform work in or affecting navigable raters of the United States, upon the recommendation of the Chief of tegi , pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1199 (33 U.S.C. ♦03); (X) Discharge dredged or fill material into raters of the United States upon the i f a permit from the S ry of the Army acting through the Chief of Rani Pu Section 404 of the Clean Water Act (33 U.S.C. 1344), these ry of the Army hereby authorises, removal of an estimated 3,300 cubic yards. . of sand and gravel material from the channel which was dozed to the nearest riverbank and bermed along an area approximately 1,000 feet long. The material was placed at a 3-foot horizontal to 1-foot vertical slope Is the South Platte River at mile 276.25 in aoesrdance Nth the plans and drawings attached)unto which en incorporated in androids' of t is permit lea dnme• lass.sire Ilk wade deAsist identrylnstlee weals.) .,, tt .,y. n ^q s'+"+'g •' "?'s3Ns. tq" f4. r v"£41.£l-b. tar ta`4:A1 +1,C .!ft.3 7a 4 3w'bA •x nri.t.'- - W ffir�F`Ca 'rf'^^y. 4 111rfd, ^, i uy r t J " -- -pt,� S ids is si is k�y[-+B t+�#fit +Wig+ ."?„:,,'5640±414; . !i. R ,Iliu`kS ';h,,„ Yis Y� th ' � T.- 15 n 4 .tr"t. Y D t Z firiS,.. .c ,ys6-�y -t sub}etto the%OowhKaenditionn1 4 `• - ..s._•,Yy. E' 4"14'a*.M1F+d*a' rrr ,"--l..e . mr'`y„yn3"n •>, L 9alerel Conn— - - -`y a. That all activities identified and authorised herds shall be consistent with the tern and rsodltkas of this pertain sad that say activities set specifically identified and authorised herein shall cosstitste a violation of the terms and conditions of this permit which may result ia the modinathta,suspension or revocation of this permit.in whole or in pert.es est forth more specifically in General Conditions)or k hereto,sad in the institution of such legal proceedings as the United States Govern. p t may consider appropriate,whether or sot this permit has been previously modified,suspended or revoked la whole or in ENG FORM 1721,Sop 82 wmoN0PI0Uiniso.aol.RTH aLsaan 1 b. That ell activities authorised heroin shall.if they involve. during their construction or operation. W 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- e d pursuant to the Clean Water Act W U.S.C.1341),the Marine Protection.Research and Sanctuaries Act of 1972(P.L act. at Sat.1(521,or pursuant to applicable State and local law. c. That when the activity authorised herein involves a discharge during its construction or operation,or any pollutant Pethidine drudged er fill enteral),into waters of the United States,the authorised activity shall.if applicable water quality scan• dards an 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 man the Endangered Species Ad. or endanger the critical habitat of such spades. e. That the permittes epees to make every reasonable effort to prosecute the construction or operation of the work authorised herein in a manner so ma to minimise any adverse impact on fish.wildlife.and natural environmental values. I. That the permittee agrees that he will prosecute the construction or work authorised herein in a manner so as to minimise any degradation of water quality. g. That the permittet shall allow the District Engineer or his authorised reprsentative(s)or deaigneeis)to make periodic in- spections at any time deemed necessary in order to assure that the activity Wag 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 authorised herein in good condition and in reasonable ae cordate 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;end that it does not authorise any injury to property or invasion of rights or any infringement of Federal.State,or local laws or regalationa J. That this permit does not obviate the requirement to obtain state or load assent required by law for the activltj autboria' ed herein. k. That this permit may be either modified,suspended or revoked in whole or in pest pursuant to the policies and pro- cedures of 33 CFR 326.7. .. } l 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 he modified,suspended or revoked.in whole or in pat, and/or the Government may.in addition.institute appropriate legal proceedings. a That any modification.suspension,or revocation of this permit shall not be the buts for any claim for damages against the United Staten. • ,. rn 's:' i 4,Mk i.Ordrro x'r°11, ^ " :a"^ Xrtve " `t^ -x-'�"� Nit"., w.n+ ` St . + .,'+ �'S.'• S₹M'K' t w. 3PP'ei,,.r-a s! -'- p. That this permit doss not authorise or approve the construction of particular stnictune,the authorMatient or approval ' '.%. t�q which may require authorisation by the;t a ConOw wads!or ethwads!of w Federal Goveremon ^ `6 "+� :' s` ".rIe`Set 'a« ` °"? tits- ^. .Y`"ry,, ,�-ord.'b'.tht nn. .+ r `: + .`. . 4.'.4„60 n� :AK ''° '''Ti `'r .,lr� ;• P q. That if and when the permittee desires to abandon the activity authorised herein.unless such abandonment is part of a treader procedure by which the permittee is transferring his interests herein to a third party pursuant to Gaol Condition t hereof,he must restore the ores to a condition satisfactory to the District Eryfror. . 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 escessary to m ord this permit with the Register of Deeds or other appropriate official charged with the responsibility for maieteining nterda of title to and infarcts in real property. C) C) a. That there shall be no unreasonable Interference with navigation by the existence or use of the activity authorised berg t. That this permit may not be transferred to a third party without prior written notice to the District Rngineer.either by the transferee's written agreement to comply with all terms and conditions of this permit or by the transferees subscribing to this permit in the space provided below and thereby agreeing to comply with ell terms sad conditions of this permit.la addi- tion.if the penalties transfers the intents authorised 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 authorised 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. fi. Special Conatlont(Here get eoaditoas Seam s &tally w the proposed snaeren or work e■theri ed by this pereritk 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 a waterway or wetland. 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 all disturbed areas along the bank will be revegetated with similar species and densities which existed in these areas prior to the project's beginning. f. 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. g. 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. = ..... - , ..- < -. , fi. That the existing fill material piles.'will be. regraded to a 3-foot horizontal,to 1-foot vertical sloe on,.both side an toaheight,,,whichwill, i zx a q�P r, not exceed 3 feet. .. . p $ r a a �a.; tiler: $ s;c rr - ,--,.- -is nay the S` S app+ t."3S sew m5 i z rt₹ i r r 6 "� . «' 1.y. That in regrading the existing stockpiled material,' the permitted ' shall insure that such material is not depositet in the waterway' or areas of dense, woody or herbaceous vegetation. 1 I (Special Conditions continued on page 5) . a I The following Special Conditions will b licabl when appropriate: f ) as . J • t • .L 1__.L_J__J L • ,• _ , J l 1' L a lilt _I. 11_. L. . adjacent to the activity authorised by this permit 1 SiatitiairorSiVitie S, . j L I J •., �, a - _ .. . „ .MISS • • -2. I n, • . .. aMmYMed�i""a',I 44 • , . a, '. 9 IMINIPINOANINOMMINS A AA . .. • . 1 • .• . %• ' . . . a f— J1. a .. a _ . a _t*laspp ,... _ . .L_ t _,_a. _. .. . .. a • L ... f • • . . , m iNlis as aRREI-- DISCHARGES Of DREDGED OR FRl MARINAS.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 nth 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. This permit shall become effective on the data of the District Engineer's signature. Permute.hereby accepts and agrees to comply with the terms and conditions of this permit. Q13innan1 Beard f t7 CcmnissiOR2T3 C?JCrCT)j;>Ji1IY�C�CeE E DATE jk ',Lac , ST AUTHORITY Of T MCEETARY Of THE AMIN kr' ""* . _t SIN"' xn" -. 4 ;;gr�•-y.•, .. ..,. . I 9;asrvt .ax k .d e •r, u~rn '`i w '4Nk95'1, t i 'cTM DATE ts ..v a♦.. ya Mar,,.. .. .r,_. . �.MN�U+,r 44374."34" y,n.. .• ...ft"P, r in:y. DISNEY EM6INMR, _ •.• • :a D.S.AMY.COPPS OF BIGINEERf . . Transferee hereby agrees to comply with the terms end conditions of this permit TRANSFEREE DATE 4 V.E. covnuttorr PRINTING OFFICE : 1382 0 - 393-990 C DA Permit No. CO 2SB On 2 007109 Weld County j . That, by June 1, 1985, the permittee will develop and submit to the District Engineer for approval, a revegetation plan. The plan will include, but not necessarily be limited to, a listing of plant species and density, a specified success rate of revegetation, and a date by which all revegetation will be completed. • •tr rcs.Ygi r'P'!Rf,t.xz. re - i'n'itN. 4r g 1fq,; n +i • 5 0 - 0 . :. Y. / $ 16' .;,, ----• ::".RAL- 5-1::th4, - . - I. ;_mss-'i.-• .SEGT/O4/ 5 c2 T3AI ten ,vo aAILS Paa.‘ecr Locar, u I • None: I. WArsie E.+sv ni.0 Dan. AI OT K.4OVNV 3300CY 34MO~ REAtONEO $ W d 4 .f c- Y, ;r -qr. 'n,.v U "1.g, r c e, a eC.4 t .1.uf.,..12 r ''+�72. tXrt' { f tlatztryi' a& .tgid fir. ricl -�... � .c*.k�, r`.-J r ,.1.., :n_m. u � .... .w AY ao'.,"�3' kkt_.+y�"!` .$M,">•� r P-�.e utY�. Pasnasc: Au./cM,tu az ccaAwr ,. Lu: S th-a Pasts /ei ,,:_ Peer O .•DATUM: p=p,•�lr: M . WQru .�M .tea" ie�F.ASESsPurrsvxus;CO.ae 6I Aram w�0Ca mar / aft/ L7wr:Atenet _ CO 25€ oxr 2 007109 • C) C DEPARTMENT OF THE ARMY T f' OMAHA DISTRICT CORPS OF ENGINEERS 6014 U.S. POST OFFICE AND COURTHOUSE OMAHA, NEBRASKA 66102 NEELY TO ATTENTION OF May 16, 1985 Permits Branch PO Box 5, Omaha, NE 68101-0005 Weld County P.O. Box 758 Greeley, Colorado 80632-0758 — Gentlemen: Enclosed is proposed Department of the Army Permit No. CO 2SB OXT 2 007109 to authorize the placement of fill material in conjunction with a channel cleanout project in the South Platte River at mile 276.25. 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. Sincerely, John H. Morton, P.E. Chief, Regulatory Branch Operations Division Enclosure Hello