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Home My WebLink About20180685.tiffRESOLUTION RE: ACCEPT CERTIFICATE OF WETLAND CREDIT PURCHASE FROM MIDDLE SOUTH PLATTE RIVER WETLAND MITIGATION BANK 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 Certificate of Wetland Credit Purchase from the Middle South Platte River Wetland Mitigation Bank, verifying the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, has purchased 0.1825 acres of wetland mitigation credits to fulfill wetland mitigation requirements on the County Road 53/County Road Bridge 58A Replacement (ACOE Permit #NWO-2017-02260-DEN), in the amount of $18,250.00, and WHEREAS, after review, the Board deems it advisable to accept said certificate, 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 Certificate of Wetland Credit Purchase from the Middle South Platte River Wetland Mitigation Bank, verifying the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, has purchased 0.1825 acres of wetland mitigation credits to fulfill wetland mitigation requirements on the County Road 53/County Road Bridge 58A Replacement (ACOE Permit #NWO-2017-02260-DEN), in the amount of $18,250.00, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board's Office is hereby directed to maintain said certificate in either the designated office safe. 4390457 Pages: 1 of 2 04/12/2018 02:05 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO DAyi II II c.c : P(,v(CK /CH), CACTCPJC) 03-21-t8 C9`1-1-7-18 2018-0685 EG0075 ACCEPT CERTIFICATE OF WETLAND CREDIT PURCHASE FROM MIDDLE SOUTH PLATTE RIVER WETLAND MITIGATION BANK PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of March, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �j„Q i v jdp'c, Weld County Clerk to the Board BY: Deputy Clerk to the B APP ou ttorney Mike Freeman Date of signature: 02-X-/8 4390457 Pages: 2 of 2 04/12/2018 02:05 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Steve Moreno, Chair EXCUSED Barbara Kirkmeyer, Pro -Tern EXCUSED Sean P. Conway Julie A. Cozad 2018-0685 EG0075 MEMORANDUM TO: Clerk to the Board DATE: March 1, 2018 FROM: Clay Kimmi, P.E. — Public Works Dept. SUBJECT: Acceptance of Certificate of Wetland Credit Purchase for CR 53 Bridge Replacement Project Please place the attached certificate on the BOCC consent agenda at your earliest opportunity. The information packet shows proof of purchase for 0.1825 acres of wetlands that we had to replace as part of the CR 53 bridge replacement project. The original packet should be placed in the safety deposit box with our other wetland purchase certificates. Please let me know if you have any questions.. 3/5 o?o/'- a'5 ,00� S rcf14ct►+,c.,,.i' cA,.i,,,. IA lower +WEJLrhQ Z'kc aGra►ge % BOARD OF COUNTY COMMISSIONERS6t rt [Ara only v.igtSac, PASS -AROUND REVIEW/ WORK SESSION REQUEST Ccest IS � (F 42513, RE: Wetland Mitigation for CR 53 Bridge Replacement Project DEPARTMENT: Public Works DATE: January 16, 2018 PERSON REQUESTING: Clay Kimmi Brief description of the problem/issue: The Army Corps of Engineers has identified approximately 0.48 acres of wetlands that will be impacted by the bridge replacement project on CR 53. In order to obtain the environmental clearances from CDOT, the County must identify the method in which the wetlands will be mitigated. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1. Purchase wetland banking credits in the Middle South Platte Wetland Mitigation Bank. Cost is $100,000 per acre so we would have to pay $48,000 for the 0.48 acres we have to mitigate for. The benefit to this option is that we do not have to build and maintain a wetland in perpetuity. We purchase the credits and we are finished. 2. Construct wetlands somewhere within the construction limits. Currently, the project has not identified any areas within the construction limits that axe acceptable to the Corps of Engineers or CDOT. If acceptable areas do exist within the construction limits, the project contractor would have to build wetlands. The County would then be responsible for maintaining the wetlands. Past experience with mitigated wetlands for the County has shown that ACOE can decertify the wetlands at any time they feel the wetlands are not healthy and force the County to purchase wetland credits anyway. Recommendation: Option 1 is the most economical and easiest option. Once we pay for the credits, we are finished with our obligations to replace the wetlands. The $48,000 would come from the existing project budget for 2018. Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro-Tem Steve Moreno, Chair Approve Recommendation Schedule Work Session ZOWen9011 OA) 'Le/ tyst he' I \ft Phi Xi Other/Comments: Middle South Platte River Wetland Mitigation Bank CERTIFICATE OF WETLAND CREDIT PURCHASE To: U.S. Army Corps of Engineers, Omaha District, Tri-Lakes Field Office From: Middle South Platte River Wetland Mitigation Bank This CERTIFICATE shall serve as verification and notice that payment in full has been received from the named applicant for the purchase of the number of wetland mitigation credits set forth below. This CERTIFICATE is not valid unless signed by a member of Middle South Platte River Wetlands, LLC. WETLAND BANK: Middle South Platte River Wetland Mitigation Bank Corps File Number: NWO-2017-02260-DEN Applicant: Weld County Public Works Project: Weld County Road 53/Weld County Road 58A Bridge Replacement Credits Purchased: 0.1825 Wetland Banker: John Ryan Member Middle South Platte River Wetlands, LLC Date: 2/26/18 9575 W. Higgins, Suite 801 Rosemont, Illinois 60018 847-692-7170 847-939-5214 fax VIA Tv "eay,O Middle South Platte River Wetlands ('LLai eV 17 9575 W. Higgins Road Suite 801 E M_ BR S3- Rosemont, IL 60018 Bill To: Weld County Colorado Description Task ao`i Invoice Invoice #: 100 Invoice Date: 1/18/18 Due Date: 1/18/18 Case: P.O. Number: Hours/Qty Rate Amount Wetland Credit 0.1825 100,000.00 18,250.00 Total $18,250.00 Payments/Credits $0.00 Balance Due $78,250.00 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9207 SOUTH WADSWORTEf BOULEVARD LITTLETON, COLORADO 801 28-6901 February 13, 2018 SUBJECT: Nationwide Permit Verification — Corps File No. NWO-2017-02260-DEN, Weld County Road 53/Weld County Road 58A Bridge Replacement Project Clay Kimmi Weld County Public Works P.O. Box 758 Greeley, CO 80632 Dear Mr. Kimmi; This letter is in reference to the proposed project located at approximately 40.412131°N, -104.563389°W, in Weld County, Colorado. The work as described in your submittal will consist of replacing the bridge carrying Weld County Road 53/58A across the South Platte River with a new bridge with a larger hydraulic opening. This project will cause temporary impacts to 1.056 acres of open waters including the South Platte River, and to 0.1797 acre of wetlands; and permanent impacts to 0.2961 acre of open waters, and to 0.1825 acre of wetlands. Based on the information provided, this office has determined that the work is authorized by the Department of the Army Nationwide Permit (NWP) NWP 14 Linear Transportation Projects., found in the January 6, 2017, .04dsral, Test. Enclosed is a fact sheet, which fully describes this Nationwide Permit and lists the General Conditions, and Colorado Regional Conditions, which must be adhered to for this authorization to remain valid. In addition, the following Special Conditions must be followed: Special Conditions: 1. The Permittee proposes to provide compensatory mitigation for the permanent loss of wetlands through the purchase of credits at an appropriate wetland mitigation bank. The Permittee shall purchase 0.1825 acre of mitigation credits (a ratio of 1:1). The Corps of Engineers must approve the bank chosen for credit purchase. Please notify Ms. Angelle Greer of this office at (303) 979-4012 prior to the purchase of the mitigation credits so that the bank of your choice can be approved. Written proof of the mitigation credit purchase shall be provided to the Denver Regulatory Office prior to impacts occurring to wetlands authorized by this permit. Upon such proof, all liabilities for the success, monitoring, and long-term management of the mitigation bank wetlands covered by this authorization will become the responsibility of the mitigation bank sponsor. The Permittee will have satisfied all wetland mitigation requirements for this permit, unless additional on -site mitigation is or becomes a condition of this authorization. 2. In order for this Nationwide Permit verification to be valid, 0.1797 acre of wetland temporarily impacted by the project shall be restored where impacted. 3. The restored wetlands will be considered successful and self-sustaining when the following conditions have been met without intervention in the form of irrigation, removal of undesirable vegetation or replanting of desirable vegetation for a period of two consecutive years, as determined by the Corps of Engineers: a) At least 80 % (determined by ocular estimate of herbaceous and shrub foliar cover) of the mitigation site is vegetated, with at least 50% of the total number of dominant species present will consist of species rated as facultative or wetter. b) Trees and shrubs, to include volunteer specimens, will have a survival rate of at least 85 percent. Species composition shall be representative of species planted. c) Those species shown on the Colorado Noxious Weed Inventory list -A shall be 100% eradicated. Those species shown on list -B shall be no more than 5% or less of the total cover in the mitigation area. The lists can be found at http://www.colorado.gov/cs/S atellite/ag_Conservation/CB ON/125161887443 8 4. A mitigation monitoring report documenting growing season conditions shall be sent to the Denver Regulatory Office prior to December 31st of each year, for a period of at least five years, or until the Corps of Engineers determines that the 0.1797 acre of wetlands has successfully developed. 5. Annual reports shall be formatted per the attached Annual Mitigation Monitoring Report Formatting Requirements. If the authorized work has not yet started, please state so in the annual mitigation monitoring report. Although an Individual Department of the Army permit will not be required for this work, this does not eliminate the requirement that any other applicable federal, state, tribal or local permits be obtained as required. Please be advised that deviations from the original plans and specifications of this project could require additional authorization from this office. The applicant is responsible for all work accomplished in accordance with the terms and conditions of the nationwide permit. If a contractor or other authorized representative will be accomplishing the work authorized by the nationwide permit on behalf of the applicant, it is strongly recommended that they be provided a copy of this letter and the enclosed conditions so that they are aware of the limitations of the applicable nationwide peunit. Any activity which fails to comply with all the terms and conditions of the nationwide permit will be considered unauthorized and subject to appropriate enforcement action. This verification will be valid until March 18, 2022. In compliance with General Condition 30, the enclosed "Certification of Completed Work" form (blue) must be signed and returned to this office upon completion of the authorized work and any required mitigation. If there are any questions please feel free to contact Nicholas Franke at (303) 979-4120 or by e-mail at Nicholas.A.Franke@usace.army.mil, and reference Corps File No. NWO-2017-02260- DEN. Sincerely, Kiel Downing Chief, Denver Regulatory Office Enclosure(s) Nationwide Permit 14, Linear Transportation Projects Certification of Completed Work Annual Mitigation Monitoring Report Format Requirements Copies Furnished: Michael Gloden, Atkins N.A., 7604 Technology Way, Suite 400, Denver, CO/80237. Hello