HomeMy WebLinkAbout911343.tiff RESOLUTION
RE: APPROVE DEPARTMENT OF THE ARMY 404 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 Permit between the
Department of the Army and the County of Weld, commencing November 6, 1991, and
ending October 31, 1994, with the further terms and conditions being as stated
in said permit, and
WHEREAS, after review, the Board deems it advisable to approve said 404
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 Department of the Army 404 Permit 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 vo/tte on the 6th day of November, A.D. , 1991.
Plajt
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
Gordon E. Lacy, Chairman
By. Deputy er to he Boa Ge�o , Pro-Tem
1 zed
APPROVED AS TO FORM: /l-iab t/p r..Ay ,,,,M1_24,
Constance L. Harbert
EXCUSED DATE OF SIGNING
Count Attorney C. W. Kirby
trill ld 242.eQ_,
W. H. Webster
911343
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�Cr0D(9-9 GL : cu g,PS OF fG , �G
DEPARTMENT OF THE ARMY PERMIT
Permittee Weld County
Permit No. 199175310
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:
Thompson Lake/mudflat, on the section line between Section 4, Township 6 North, Range 67 West and Section
33, Township 7 North, Range 67 West, in Weld County, Colorado.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on October 31, 1 994 . 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.
ENO FORM 1721,Nov 88 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 320-330)
1 n 4 4 :R11
E-6-00®19 �.'-
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.
8. 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.
6. 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 326.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.6. 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 end conditions of this permit.
November 6, 1991
(PERMITTEE) Ge ,$e Kennedy, Pro—Tem (DA E)
ld p/Co nt o d o Commission s
ATTEST: a� BY:
Wel C rk o o e oard Deputy Clerk t the Board
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army,has sign .
STEWART H. BORNHOFT
(DISTRICT ENGINEER) (DATE)
COLONEL, CORPS OF ENGINEERS
BY:
JOHN� pHT(MORTON,
(CHIEF
p�gp�� NC 1���/��(�(�
When the structures or work authorized by this permit are still in existenClretl k Elrlfeth o ctYis'tragterke�;t§eRLYA:1612M
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 cU.3.GPO:1988-520-324
01 �s '731 11.3
199175310
WELD COUNTY
THOMPSON LAKE/MUDFLAT
DETAILED DESCRIPTION OF AUTHORIZED WORK
In accordance with the terms and conditions of this Department of the Army permit, Weld County
is authorized by the Secretary of the Army to place fill material in a wetland/mudflat area in
Thompson Lake in conjunction with constructing a roadway.
The proposed project will consist of a roadway built across the bed of Thompson Lake, which
was drained during the summer of 1990. This road segment will be 2059 feet long, and will
impact 0.51 acre of wetland at the west end of the lake bed. The rest of the lake now is a
mudflat, and the roadway embankment will cover 4.5 acres of this mudflat. The road will be 24
feet wide, with 8-foot shoulders. Roadway fill will be up to eight feet high with 4H:1 V side
slopes, comprising 45,000 cubic yards (c.y.). Drainage from the lake will be carried under the
road through a concrete box culvert with a capacity of 300 cubic feet per second. Both sides
of the culvert will be protected with riprap, requiring 250 c.y. of rock. The breached dam area
will be protected with 200 c.y. of riprap.
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An area in the lake bed along an existing stream will be excavated to provide 1 .02 acres of new
wetland, to mitigate for the wetland impact. Sod from the roadway fill area will be removed with
a front-end loader, and placed in the mitigation area. The stream channel through the wetland
will not be disturbed. The mudflat area to be impacted is not vegetated and does not exhibit
much habitat value. Therefore, the applicant offers no mitigation for the 4.5 acre impact there.
4
21.1 a:'�
199175310
Weld County
Thompson Lake/mudflat
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/wetland except as approved herein.
C. That care will be taken to prevent any petroleum products, chemicals, or other deleterious
materials from entering the water/wetland.
D. That all work in the waterway or wetland 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 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.
H. That the ratio for mitigation will be two parts of new wetlands for every one part of wetland
lost.
I. That the mitigation site will be monitored for three years or until viable and self sustaining.
An annual report documenting the progress of the wetlands will be submitted to the Corps of
Engineers.
J. That a 20 foot wide tract of mudflat around the mitigation area will be reseeded to indigenous
species.
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� PLAN
PSI J0..111NsimiragraVeSOT
seal:
Approximate
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1991 75310 INeIct Co IA 1- Col
o
scaly 1991
Sheef Z of a 01 .14",5:
f Telefax Numbers:
t t ; Main Building/Denver
V0*;�11A,4:0 (303) 322-9076
mk�"tt^. Ptarmigan Place/Denver
4210 East 11th Avenue ROY ROMER
(303) 3267629
Denver,Colorado 80220-3716 First Nations)Banff Budding/Denver Governor
FIPhone(303) 320-8333 (303) 355-6659
`�t tGrand JuncKion Office JOEL KOHN
(303) 248-7199 Interim Executive Director
COLORADO
Pueblo Office
DEPARTMENT (719) 643-8441
OFAHEALTH
August 15, 1991
/gi LAUE 441 i
Weld County Colo. Cert. it 2248 t RECEIVED CI)./y
P.O. Box 758 Permit t: 1991 75310 \9.C..
Greeley, CO 80632 County: Weld A!£LZ1L1p16a}/
Re: - Section 401 Water Quality Certification
Dear Sir:
The Water Quality Control Division has reviewed the federal license or permit
application, public notice, or other information submitted related to
Certification for the activity described below. Provided the plans of operation
included in the submitted information are followed and the attached General and
Special 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 will not be
violated by this activity.
An antidegradation review has also been completed as required by the Basic
Standards and Methodologies for Surface Water Effective
July 31, 1988. This review showed that only temporary changes to water quality
would occur as a result of this project. Thus this project is certified as
designed with the attached general and special conditions (where applicable) .
Description: Build road across bed of Thompson Lake.
Location: Sections 4, Township 7N, Range 67W.
Watercourse: Thompson Lake
This certification does not constitute a relinquishment of the Water Quality
Control Division's authority as delineation 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.
i erel , N
Jo Scherschligt, ' f
•.. Gr undwater and S ndard Section
er Quality Co of Division
JS:jf
Attachment
xc: COE, Omaha
Victor, Sainz, DE
Ww g
prweAs7 rfk4vor..
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.
Oil 1 *r2,1.'
• 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.
•
19. Frequent fording- of a channel is not permitted. Temporary bridges or
other structures shall be built 1£ 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.
011 n. ,-..
� � MEMORAnDum
To Clerk to the Board Data November 4. 991
COLORADO From Drew Scheltinga. County Engineer J%����
Subject: Agenda Item
Please place the following item on the Board's next agenda:
Department of the Army 404 Permit for Thompson Lake
Two copies of the permit are attached.
DS/mw:m404.mrw
Attachments
cc: Commissioner Harbert
WCR 74
RECEIVED NOV 0 q 19S.
y NT._oF
� DEPARTMENT OF THE ARMY
of i e 'h CORPS OF ENGINEERS, OMAHA DISTRICT ,
215 NORTH 17TH STREET I�,
-�� OMAHA, NEBRASKA 68102-4078 C� F
i P
REPLY To October 25, 1991 � a
ATTENTION OF
Regulatory Branch
P.O. Box 5, Omaha, Nebraska 68101-0005
Mr. Drew Scheltinga
Weld County Department of Engineering
P.O. Box 758
Greeley, Colorado 80632
Dear Mr. Scheltinga:
Enclosed is a proposed Department of the Army Permit, Number 199175310. This
— project involves placing fill material in Thompson Lake.
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,
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, it will reflect a construction period of three years from
the date of issuance of the permit.
The permit is not valid until signed by the District Engineer.
Sincerely,
a
John . Morton
Chief, Regulatory Branch
Operations Division
Enclosures
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