HomeMy WebLinkAbout920131.tiff RESOLUTION
RE: APPROVE DEPARTMENT OF THE ARMY 404 STANDARD PERMIT AND AUTHORIZE CHAIRMAN
TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a 404 Standard Permit between
the County of Weld and the Department of the Army, with the further terms and
conditions being as stated in said permit application, and
WHEREAS, after review, the Board deems it advisable to approve said permit,
a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the 404 Standard Permit between the County of Weld and the
Department of the Army 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 12th day of February, A.D. , 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO _
Weld County Clerk to the Board
4.A.42--a-744
Georgg rermedy, Chairman
BY:
Deputy Clerk to the Boa.&L(.5 Constance L. Harbert, ro-Tem
APPROVED AS 0 FORM: 1,1<4'
C. W. Kirby
y'{ /7`e-(41
ounty Attorney Gord `E'. acy r,tOlfW. H. Webster
920131
ncccD3/ c EU (° -), OK(31- or r-R,My
aia. 1 Foe? SIGI I1T4
of alit,
DEPARTMENT OF THE ARMY PERMIT
Permittee Board of Weld County Commissioners
Permit No. 199177297
Issuing Office Omaha District, Corps of Engineers
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
See page 4 for a Detailed Description of Authorized Work
Project Location:
Weld County Road 8 bridge over Coal Creek, southeast of the town of Erie in Section 18, Township 1 North,
Range 68 West, Weld County, Colorado.
Permit Conditions:
General Conditions:
December 31, 1993
1. The time limit for completing the work authorized ends on . If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places.
ENG FORM 1721,Nov 86 EDITION OF SEP 8215 OBSOLETE. (33 CFR 320-330)
1 920131
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project,you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it con-
tains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
See page 5 for a list of Special Conditions
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act(33 U.S.C. 1344).
( ) Section 103 of the Marine Protection,Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state,or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit,the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
2
e. Damage claims associated with any future modification,suspension,or revocation of this permit,
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant.Circumstances that could require a reevaluation include,but are not limited to,the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate(See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee,indicates that you accept and agree to comply with the terms and conditions of this permit.
(PERM! EE) FOR KENNEDY CHAI (DATE)
ELD UN B RD COMMISS ERS
ATTEST: BY: ele---LEOP
TY� CLE� BOARDDTY CLO THE BOARD <
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army,has signed below.
STEWART R. BORNROFT
(DISTRICT ENGINEER) (DATE)
COLONEL, CORPS OF ENGINEERS BY:
ROSEMARY C. HARGRAVE, CHIEF, FIELD OPS. SECT.
REGULATORY BRANCH, OPERATIONS DIVISION
When the structures or work authorized by this permit are still in existence at the time the property is transferred,the terms and
conditions of this permit will continue to be binding on the new owner(s)of the property.To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below.
(TRANSFEREE) (DATE)
3 *0-.S.GPO. 1968-520-024
199177297
BOARD OF WELD COUNTY COMMISSIONERS
COAL CREEK
DETAILED DESCRIPTION OF AUTHORIZED WORK
In accordance with the terms and conditions of this Department of the Army permit,the Board
of Weld County Commissioners is granted authorization by the Secretary of the Army for the
placement of fill material in Coal Creek in conjunction with the replacement of the Weld
County Road 8 bridge across Coal Creek.
The project consists of replacing the existing 24 feet wide by 40 feet long bridge with a
structure 32 feet wide by 125 feet long. Construction of each abutment will include
placement of embankment material and riprap for approximately 94 feet by 42 feet and at the
center pier for 58 feet by 22 feet. The compacted embankment fill will consist of 325 cubic
yards of sandy clay borrowed from channel excavation and placed below ordinary high water.
Total riprap will be 305 cubic yards placed below ordinary high water. Approximately 0.3
acre of streambed will be used and a total of 165 linear feet will be impacted by construction.
The embankment grade will be 1H:1.5V.
The area disturbed by project construction will be reseeded with native grasses and planted
with willow cuttings.
4
199177297
BOARD OF WELD COUNTY COMMISSIONERS
COAL CREEK
SPECIAL CONDITIONS
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 only clean riprap materials will be utilized in order to avoid the percolation of fines
which would result in excessive local turbidity.
F. That all areas along the bank disturbed or newly created by the construction activity,
which will not be riprapped, will be seeded with vegetation indigenous to the area for
protection against subsequent erosion.
G. That the clearing of vegetation will be limited to that which is absolutely necessary for
construction of the project.
H. 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.
I. That all dredged or excavated materials, with the exception of that authorized herein, will
be placed on an upland site above the ordinary high water line in a confined area, not
classified as a wetland, to prevent the return of such materials to the waterway.
J. That all earthwork operations on shore will be carried out in such a manner that sediment
runoff and soil erosion to the water are controlled.
K. That no more than half of the stream channel will be blocked at any one time so as not
to diminish the flow downstream of the project.
L. That adequate pipes shall be installed in the temporary crossing to carry normal flows and
prevent the restriction of expected high flows during construction.
M. That concrete trucks will be washed at a site and in such a manner that washwater
cannot enter the waterway.
5
N. 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.
0. That willow brush layer cuttings will be placed around the abutments and piers.
6
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Telefax Numbers: d
Main Building/Denver
,r...y,;. a-'�;'"" (303) 322-90'7f6
Ptarmigan Place/Denver ROY ROMER
-'' 4210Denver,East Colorado r 8 Avenue (303)320.1529 Governor
33 3716 First National Bank Building/Denver
Phone (303) 320 8333 (303) 355-6559 JOEL KOHN
1 ' 1 Grand Junction office Interim Executive Director
COLORADO
�� ����yy�� (303 198
COLORADO r illUilA 77 J \
DEPARTMENT nj t9)54t 2,.
OFAHEALTH
DEC 1991
November 27, 1991 � \ RECEIVED ti
\u V Colo. Cert. $: 2266
Board of Weld County Commissioners "re>, sZ.' Permit #: 199177297
P.O. Box, Co County: Weld
Greeley, CO 80632
RE: Section 401 Water Quality Certification
Dear Sir: or The Water Quality Control
notice, or other information submitted osatlrelated eto permit
application, public
Certification for the activity described below. Provided the plans of
operation included in the submitted information are followed and the attached
General Conditions (where applicable) are complied with, the Division is
reasonably assured that Sections 301, 302, 303, 306, and 307 of the Clean
Water Act and applicable Sections of the Colorado Water Quality Control Act
will not be violated by this activity.
Description: Widen and lengthen bridge.
Location: Section 18, Township 1 North, Range 68 West.
Watercourse: Coal Creek
This certification does not constitute a relinquishment of the Water Quality
Control Division's authority as delineated in the "Colorado Water Quality
Control Act" or any subsequent alterations or additions thereto, nor does it
fulfill or waive any other local, state or federal regulations.
ncer y,r
Jon $cherschligt/ hief
Grothldwater and tandards Section
WATER QUALITY CONTROL DIVISION
JS:jf
Enclosure
xc: COE, Omaha District
Victor Sainz, District Engineer
C
General Conditions
1. Before a federal licensee or permittee commences any project in a
watercourse, which project may adversely affect water quality, it
shall notify, at least fifteen days prior to commencing work, the
following:
(A) Applicable local health departments;
(B) Owners or operators of municipal and domestic water supply intakes
which are located within twenty miles downstream from the site of
the project; and
(C) Owners or operators of other intakes or diversions which are
located within five miles downstream from the site of the project.
2. Construction operations in watercourses and water bodies shall be
restricted to areas specified in the application for the federal
license or permit.
3. Permanent erosion and sediment control measures shall be installed at
the earliest practicable time consistent with good construction
practices and shall be maintained as necessary throughout the
operation of the project. One of the first construction activities .
shall be the placement of permanent and temporary erosion and sediment
control measures around the perimeter of the project or the initial
work areas to protect the project water resources.
4. Temporary erosion and sediment control measures shall be coordinated
with permanent measures to assure'economical, effective, and
continuous control throughout the construction phase and during the
operation of the project.
5. Work should be carried out diligently and completed as soon as
possible.
6. The use of chemicals such as soil stabilizers, dust palliatives,
sterilants, growth inhibitors, fertilizers, deicing salts, etc. ,
during construction and operation should be limited to the best
estimate of optimum application rates. All reasonable measures shall
be taken to avoid excess application and introduction of chemicals
into the waters.
7. Measures shall be taken to prevent spilled fuels, lubricants, or other
toxic materials from entering the watercourse.
8. Whenever practicable, discharges of dredged or fill material shall be
conducted during low flow periods, during periods when spawning is not
occurring and during periods when recreational use is relatively low.
If such discharges will occur when water temperatures are near
freezing and where a domestic water supply diversion is located within
twenty miles downstream, the permittee shall coordinate with the water
purveyor in order to minimize impacts on treated water quality.
—1—
9. Solids, sludges, dredged stockpiled or other materials which are
potential sources of toxic pollutants, shall be controlled in a manner
so as to prevent such materials from entering water courses.
Materials which are not a potential source of toxic pollutants shall
be disposed of or controlled in a manner reasonably designed to
prevent them from entering water courses.
10. Upon discovery of solids, sludges, dredged or stockpiled materials, or
other potential sources of pollutants entering a watercourse, the
licensee or permittee shall immediately make every reasonable effort
to notify:
(A) Applicable local health departments and the Colorado Department of
Health;
(B) Owners or operators of municipal and domestic water supply intakes
which are located within twenty miles downstream from the site of
the project; and
(C) Owners or operators of other intakes or diversions which are
located within five miles downstream from the site of the project.
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 for use as
riprap. Broken concrete chunks are authorized but shall be free of
protruding reinforcing materials.
15. Areas disturbed by a project and which are suitable for vegetation
shall be seeded or revegetated to prevent subsequent soil erosion.
16. Discharges of dredged or fill material in excess of that necessary to
complete the project shall not be permitted.
17. Discharges to waters of the State not included in the application and
not certified in accordance therewith are not included within the
terms of this 401 certification.
18. To the extent reasonable and cost-effective, the activity submitted
for certification shall be designed to minimize subsequent maintenance.
-2-
19. Frequent fording of a channel is not permitted. Temporary bridges or
other structures shall be built if frequent crossings are necessary..
20. The discharge of materials which cause floating debris, surface scum
or film, or color or odor which impair classified uses is not
permitted.
-3-
mEmORAnDUm
To Clerk to the Board Date February 7, 1992
COLORADO From D.M. Graham, Civil Engineer II 'r), /
subject:404 Permit - Bridge 8/1.5A
Please place the attached Permit on the Commissioner's Agenda for signature.
Please return the two signed copies to me for submittal to the Corps of
Engineers.
DG/zw:clbd
cc: Commissioner Webster
Bridge 8/1.5A
,-nupa,
e` ,iti� F� DEPARTMENT OF THE ARMY `-ST Op , '
/47,„,
- \\ 2 CORPS OF ENGINEERS, OMAHA DISTRICT +
n 215 NORTH 17TH STREET '-% i__` d
\ r OMAHA NEBRASKA 88102-4978
\, _% January 24, 1992 ea''*+eco
REPLY TO
ATTENTION OF I 6 1992
Regulatory Branch RECEIVED FEB 4
P.O. Box 5, Omaha, Nebraska 68101-0005
Board of Weld County Commissioners
c/o Weld County Department of Engineering
Attn: Mr. Denny M. Graham
P.O. Box 758
Greeley, Colorado 80632
Dear Mr. Graham:
— Enclosed is a proposed Department of the Army Permit, Number 199177297. This
project involves placement of fill material in Coal Creek in conjunction with the
replacement of the bridge on County Road 8 southeast of the town of Erie.
Please review the general and special conditions of the permit, and if acceptable,
sign and return both copies to this office within 30 days. Upon our receipt of both copies
of the permit forms, the permit will be executed and returned to you.
General Condition No. 1 of the permit will establish the time limit for completing
the work. In this particular case, construction should be completed by December 31 ,
1993.
The permit is not valid until signed by the District Engineer.
Sincerely,
Rosemary C. Ilangrave, M.S.
Chief, Field Operations Section
Regulatory Branch, Operations Division
Enclosures
aTif0i 31
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