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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. 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'0 ;.spsn�� 28 ,tlrALadai 3 ._ 1}- tit" cs4 7O 1 Ig744./ .,g;a6/ cri Q � �_ ~ \ w xQ t --Q N z -h N /v _ -- J \\ \;\ / —�— ------ -- _ - --S. ‘L--O?95-\ N - Q` , W O III n cl v N _ v W p x h r A- �: • i t � -- J kl r �' 7 7 W Pe I \ / o to \ 1 4 ��...... ,1/4. i �_c Lu w.1 J O o I W ® "K. 'fr CI C‘IP‘: ii.. kk 002 c0 O a ti ` ►.. Din.v co u)O cl h \ h W o Cr) I Q O tV M. t' a kJ o n v v ") n a 3 3 4Q. Q a ° tre\ o . i. ` m v 0 In • e � WJtatZ o`. o to ti) J Q 2 fa 8 vi ICIk. e�;.' C 0 9 zo 1Ay 0 V i n ♦ . ►, I% 4 i v 4- d v 3 3a 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 Hello