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Home My WebLink About20141074.tiff Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,CO 80516 Telephone(303)666-6 Friday 4 April 2014 I PAGE OF DOCUMENT Colorado Office of Mined Land Reclamation (OMLR) INCLUDED IN PAPER FILE. Division of Reclamation Mining and Safety REMAINDER RETAINED ATTN: Peter Hays, E.P.S. ELECTRONICALLY IN TYLER. 1313 Sherman Street, Room 215 Denver, Colorado 80203 Subject: Technical Revision — Varra Companies, Inc. Durham Sand & Gravel Pit— M1978-056 Reply to OMLR inspection of 12 December 20E ATTACHEMENTS: • Technical Revision Submittal Fee — Check #: 36251 in the Amount of $216.00. • Proof of Placement— Weld County Clerk to the Board. • Army Corps of Engineers (A.C.E.) submittal of 14 November 2013. • Army Corps of Engineers (A.C.E.) letter of Approval dated 21 November 2013. This Technical Revision (TR) is intended to satisfy the concerns expressed in the 12 December 2013 OMLR inspection Report inspection report. Two copies of the TR are included along with the required fee and proof of placement with the Weld County Clerk to the Board, and related attachments (see above). We are attempting to obtain a letter of concurrence from Weld County respective of the A.C.E. approved work, and will forward as part of this Technical Revision upon receipt. As part of this submittal, some clarification of the observations and conditions of the OMLR inspection report of 12 December may prove helpful. In prior discussions with FEMA, it was conveyed to us that the flow of authority for floodplain management is as follows: The A.C.E. creates a map, which it gives to FEMA, which it gives to Weld County to enforce, and accordingly, from that FEMA provides insurance available to the flood area. It is therefore Weld County that oversees the enforcement of the map. No change to elevations or the map are proposes in the repair of the designed berm. This berm is a reduction of a natural berm to an elevation established through and approved CLOMAR. Nothing in the CLOMAR is changed by the proposed use of earth fill to meet the established elevation. The only difference is it will not include a defective design in the form of a concrete sill, the reconstruction of which would create needless expense and no benefit to the floodplain. Tu1bL� ex)(. C,C, ?L(m-M' q . q . )011 Puu15. L '44 ) -3* 2014-1074 The concrete sill was put in place to protect the basin from lower flood flows. During the September 2013 high waters that approximated a 100 year event, waters eventually rose and spilled over the designed berm spillway, until it undercut the structure, the weight of which simply fell into the waters and was pushed into the pit and covered by flood born debris and related native berm materials. The residual bottom was not a temporary berm as stated in the OMLR inspection report, but as identified properly during the inspection, the underlying native materials of the native berm itself. Also contrary to the OMLR statement that the operation allowed the water in, it is in fact designed to purposefully direct flood flows into the basins. The only effect of the loss of the sill was to dramatically drop flood flows in half for nearly a 12 hour period, to the direct benefit of downstream users. The need to simply restore the spillway with earth is that it is considerably more cost effective and beneficial to all to do so. That the people responsible for creating the map are unconcerned by the proposal, we understand that you would want those responsible for the enforcement of it to concur, and as soon as that concurrence is met, we will forward it to the OMLR to conclude the Technical Revision necessary to allow the repair to be completed according to the specific requirements and limitations described in the A.C.E. correspondence. We would hope to have this resolved and approved in time to prevent further intrusion into our basin before spring flooding. We trust our reply adequately addresses the concerns of the Office. Naturally, should you require further clarification or additional information, we look forward to working with you. Thank-you again for your cooperation and kind assistance. Respectfully, Varra Companies, Inc. Bradford Janes, Forester Liaison, Office of Special Projects cc. Garrett C. Varra, Vice-President Operations Varra Companies, Inc. Varra Companies, Inc. Durham Sand & Gravel Pit — M1978-056 2 Technical Revision April 2014 Outlook Print Message hops://blul69.m ail .live.com1m ail/PrintMcssages.aspx?cpids=cf8dt607... Varra Companies, Inc. - riverside berm breach - Greeley, Colorado From: Bradford .lanes (bljforester@msn.com) O c Sen t : Ulm 11 / 14/ 13 1 :24 PM To: Terry McKee (terry.a.mckee@usace.army.mil) Cc: GCVARRAVCI (gcvarravci@aol.com) 5 attachments Durham_USGS_LocationMap.pdf (509.5 KB) , Exhibit B.doc (2.2 MB) , Durham_BreachMeasurements.pdf (634.2 KB) , Seed Mix l .doc (38.5 KB) , Seed Mix 2.doc (39.0 KB) , Terry McKee Denver Regulatory Office U.S. Army Corps of Engineers - Omaha District Subject : Flood Impacts to our Durham operation in Greeley, Colorado - located in parts of Section 9 & 10; Township 5 North, Range 65 West, 6th P. M . , Weld County, Colorado. Good Afternoon Terry. Our sand and gravel extraction activities at the above referenced operation in Greeley, were impacted by recent flooding. Specifically, work completed under a CLMR (case number: 05-08-0565R), maintains the existing floodway by establishing a riverside berm elevation into our operations of 4622. 2-4620. 2 feet along a 1,260.6 foot concrete sill . The sill had a dimension of one foot in width and a depth of 4 feet, and the pre-flood berm surrounding the sill was equal to or less than the sill elevation . A segment of the berm and concrete sill was undercut by floodwaters, eventually dropping into the underlying floodwaters, and leaving a gap in the riverside berm between the river and our extracted basin apx. 291 feet long. We desire to fill this gap to the pre-flood elevation and approximate extent. Flooding along the Cache la Poudre River commencing on or near Thursday 12 September 2013, progressed to overtop our existing CLMR constructed floodway dike, which breached approximately mid day Sunday 15 September 2013 . This correspondence serves multiple purposes. First, receding floodwaters may negate the need for any Army Corps 404 permit; or the materials provided here-in may qualify under Regional General Permit 96-07, or Nationwide Permit NWP- 13 . Flood waters have receded since the peak flows near Sunday 15 September 2013 had their way, leaving a gravel bar of underlying (or possibly some flood born sediment), which needs to be returned to its near pre-flood elevation. Because the underlying material now lies above the waters of the Cache la Poudre River, there remains a possibility that a Nationwide Permit is no longer essential to make the repair. We are providing information that we hope will allow the Army Corps to make a determination either way. We can follow this message up with hard copies of the same should you require it. What follows is our assessment and information necessary to either allow the project to occur either with or without a I cal i l 11 / 18/2013 12: 13 PM Outlook Print Message https://hlul69.mail .live.comhmail PrintMcssagcs.aspx?cpids=cfRdlf('07... Nationwide Permit, as subsequently determined by your office. Two location maps lead the attachments, to better identify where the Durham Project area is located. The first location map shows the location of the site relative to the City of Greeley on a USGS Quadrangle Map. The second location map is taken from the state permit and better shows the position of the area relative to local streets. The next attachment is a close up of the breach area as measured by laser in October as it lies in the NE/4 of Section 9 along the Cache la Poudre River. Little to no changes have occured since that measurement as illustrated. Below, following our narrative, are selected images during and following flood events that created the breach into our extraction basin on 16 September 2013, followed by images of current conditions as of 8 November 2013. We trust the images will better translate present day conditions relative to the flood events. Whether the underlying aggregate was washed in by the river, or the remnant of the underlying berm, or a little of both, approximately 3,341 cu .yds. of material is needed to return the berm across the breached area and level with the concrete sill. The estimated volume is based upon fill extending approximately 25 feet north and south from the center of the visible sill remnants flanking the breach, plus an additional 12 feet needed to establish a 3H : 1V slope once the fill reaches elevation. These are all unavoidable approximations as the ground is variable in height, and undulates in all directions. The fill necessary to restore the breached area will be comprised of recycled concrete blocks mixed with overburden, followed by a cap of overburden alone two feet in depth, and finally by soil over the finished fill to a minimum of one foot in depth. The soiled cap will be seeded beginning this spring with one of the approved Durham State of Colorado Office of Mined Land Reclamation (OMLR) seed mixtures, and the vegetation monitored and inter-seeded with the alternative mixture until established (refer to seed mixtures as attached ) . No wetland species are affected as best as I can determine, as any previously existing stands of vegetation were apparently removed by the erosive force of the flood waters. Also included is a map showing the approximate location breach and replacement are of the reconstructed berm, with the dimensions and volume/composition as stated, above. This appears to fall under Nationwide Permit NWP 13 - Bank Stabilization - with limits up to 500 feet. My thinking at this point is that a Nationwide permit may be unnecessary if the fill does not enter the Water's of the U .S. ; depending upon the Corps tolerance for any minor spillage along the underlying foundation abutting the waters of the Cache la Poudre River. The information provided in this e- Mail should be sufficient to either waive the Nationwide Permit, or to include the proposed work in the appropriate section of the Nationwide Permit processes. The remnant of the failed concrete sill flanks the breach and assures the return elevation limit as any fill will use the top of the existing sill to limit the height of the fill such that it will be equal to or less than that of the sill flanks. The elevation restriction along this segment of the reconstructed berm is also protected as an existing requirement of the OMLR Permit M - 1978-056. Operations to the east of the cut do not appear that they entered Waters of the U .S. or to have affected any prohibited vegetation affected by that activity. The extent appears to be approximately 100-125 feet 2 of 11 11 / 18/2013 12:09 PM Outlook Print Message https://blul6i9.mai1.livc.coni/mail/PrintMcssagcs.aspx?cpids="ct8df607... or so - and would still fall within a Nationwide Permit limit if that becomes at issue. At this point, it is not my intent to include this area in the consideration. Other bank loss is evidenced to the west of the breach, extending into our adjacent lands. This was probably related to stream bed loss during the flood that caused these segments of the south bank to fail. The reach is estimated to extend approximately 10% more than the measured areas shown on the map, or apx. 685 feet more or less. Since some instability remains, this length may change with time. What follows are some photographs of the floodwaters and recent conditions at the area of interest: IIIIIIIIIIIIPNIMPII"MIIellailNillIlliir .1► t Mr * �. w - `� .*_7e,�.i�rr i.-;. :'..ice+', . v e t _ 4 I . Ye s. .../. _ - - e a _�-s...-11 .... .. fail; l_ ar ..4 s_ r$�� X11 '1 Above - Sunday 15 September 2013 - AM: Looking north east across our extracted basin toward the flood waters entering over the river side berm, exposing a portion of the concrete sill wall. The sill fails later near mid-day shortly after this photo. Peak flows appear to have arrived along this segment of the Poudre River shortly after that. 3ofII 11 / 18/2013 12:09 PM Outlook Print Message https://blul69.nrai.l.live.coni'mail/PrintMessages.aspr'cpids=c18 df607... 4. ' ,L..P'. ' .x•,. ,4 II‘kstic:-k. ii.-: . , - 1 s • .� • ' t .r I •3. .` o , , ♦ .• • y '•-� • 4, .1 . ... Air ti, broke . - • ....4.- t . . . 4,17 ., nit _.. _ _ ��__ _ ~- -..r.- r -/ .,ter _ - f..•` -4-r tY�•,,..- - r _ - - _ . . f• .a �t , t - ow r• - Flood waters in the breach on Monday 16 September 2013, as seen above. The river is to the left entering operational areas to the right of the cut berm. The concrete sill at both ends is clearly visible, the top of which marks the top elevation of the berm for future reference. 4 of I I 11 / 18/2013 12:09 PM Outlook Print Message https://blu169.mail .live.conilnkail/PrintMcssagcs.aspx?cpids=cf&df607... r , . . ' * •. , IT:, -tal- ' .8 . „, .- - - weer — -- —•• s.—•--- A. L •. • ` ` M �•j- �'t RYA ‘. . . ..-_ �. l.S'`y'[ .• Tar .r .ir,�..�. ..„�— _._. �s -. fl $ '$L '^ -- .r ' '_'.vK e . . -Ain-'tit ;11''1 - •- ..� ,. .!'� . i.../ �/.'-'_-T� 1, .i�•- - .• . ,I .�• _y,.. i. • _ .�•.� .. • »• ~' ,- -�-yr • : .--F-ter.' c .. .. -.. �-�r,,,�•. _ ..s, 't� _� • 11444•—lee: _ - r= +wr• �• - - ,jam ._� a. a - t - - ,... - - _ . .. •s r' r-_ ♦R. . -- -_...4;: - . ;44 . T �r a. r .a ". +.. . _ 1 . — - �_ . .Ir . . .„6.61.----�.. . ` i ' •. --. ~• _ ' i-. �- . -•MrA�s�' "_ice`.-.....c.•-•••.•.�► 4 - _ 1I F t/�, P ' r ! • Beginning with the shot, above, the next 3 shots are a panorama view looking west to north from the east side of the breach. The undercut banks extending further to the west along the south bank from the breach are visible in the background. The panorama shows some light work extending apx. 125 feet in length along from the eastern edge of the breach. The residual material of the breach are now above the waters of the Cache la Poudre River (visible to the right - with basin waters from past extraction visible to the left). 5 of 11 1 1 / 1 8/2() I 3 12:09 PM Outlook Print Message https://blul69.mail.Iivc.ram/mail/PrintMcssagcs.aspx?rpids=cfhd1607••• s - rr - • d _ A •• ike` •r - - . .-ta-vj*• i�; — •;ay.ie} - �. 'f•'f� A1`. . i.,-7, A•-•. ..4,.1. - . 1. , ''��C ` `+'IT_•• 44 •3 tom• "•, •�•a'G�•- i .wr' r • . $f' ..4 P4.•- 4 , ►, •J` a / -f• � ' ". "• • �.. a ry L1'•• -r• . 0.in,• _ills • •�► r `�'.L -•� •."' �••_ ..aRc• •••••• _may ! , r% •• _- - • • 0- 7 . 101 'I f' . it If A.. " .- rt -•_e • eiteyam . �.-' ♦- J' r'�y ;/ f k - •w'•. i•/ ce. •I. J` .�..•' • • .x` ♦ /� •J- •'~-. • ‘.•sae r Sal • - - second panorama shot, as described above... 6of1I 11 / 18/2013 12:09 PM Outlook Print Message https://blul69.nlail.livc.connnwil/PrintMcssagcs.aspx?cpids-cixdt7,07... `l• her r - 4/. .il' • •4. _! 7 •. • -• _. .�ie`�•., or .• - - • - ar �•- - - -. •. •• A _ , . ' 'eta-twat` I , , , r 'l�� r .y .•Y ) I •�r Ir , "e At ! : •1 t p lair • 1-so%~r. t�«. .s / 7_. •ay'm4- •..-•. N. l O - L�.n•_ —� �te //?- ,1 •.r O. *;•ir • _ ,,is J - !. " i• a. * ' - ' r yt - • Jy �+pS(� r,z y� lc Ian , ilk - . • lk r ! ' '%:•••141t. fie i ••, • . • tar �.Jy - - 1 r r,,y, Ttt r itit ien Ibleutt .44• •tra. +t - • ir� •; . t t Third panorama shot as described above. The following two shots show some limited works immediately east of the breach along the berm area. 7 of l 1 • 11 / 18/2013 12:09 PM Outlook Print Message https://bluI69.mai 1.live.coninuiI/PrintMessages.aspx7cpidls=clkdth07... pry �� , z,. _ .... . _. .. • . ...,,.;.. ..;.:. „,,,,.,„...... .. . / 4-'.'' r• • D • t ' r • ;k+ y • 444. i �, '•- •I••• �� :.4t r:' '. 4., J• r r,. rA I. �•y i I ` . .: .-.I 11 `i it, M / i • • • • ,mac' - �' f c :: �. , i — .i �� . l ; ♦ _ 7v •:•ittilt , r.� is �! a - . ails,.: �. .f ~rte{,�` i�• r1 '� �•� .•�' • �••` • ' tar�4 y • J • • l_ _ . • . `. • ••S et ♦ ' •.a.-4' e:Xa•. ' ,r i+, .`. le Pi) o. -y P1 � r ~•-J. n rlj• . � #�el,r .�f;. y �i" rry.�-.� , , A. J ti �._ • 'trip :,a: �,r •icy •• � .4 • .r�• � iy( �'4y - ♦ � r it .I', �• _+1k .• ,1 r .01 '• , 'r� . � .. • , ��r`* f J�J Nom• � • I , is - i # ♦ l Z . ••! • .I . � s,�ipr.\7 1�♦- 41:1617117:-.4.7•04 et �I�y� i .1 '.i,�TI'.' _ 'r �- i '7 .J .� '�'�v1 1 • — ge 014 ,L.- yyl► e1 r n ‘41 lei: II r -eaters.:0'I Jib lb-'•-•" j - rejlie • • .r.• i -" i- ^Y 1111". ji•JAH- .. . * ;� continuing the panorama - looking northwest, as described, above. 8 of l l 11 / 18/20 13 12:09 PM Outlook Print Message https://blul69.mai1 .live.com/mail/PrintMcssagcs.aspx?cpids—ct'Xdlh07••. `1 I. "4' '.ar ,, t:•♦ '.; gib" �k • • tte • 1 ! i i,. b g' ir 6 s • 1 `♦• t . - .� • MRS .l^ - i -t. 4.. • . S.• •' . • r 41t •.s.: •;• •• •.fit ' - .rat; , � .. - 'r. t -_ a ` _ �� _• • i ti t i!,'.• It L • •. . .�,�` `• .' -• ' • '- 4/ •�:- y RfY .♦ t . •`r IA Y _ • I 1- - - r _' 1,� •. '•/ + l- • t , • -y• .1� •...ad -- ,•f -• Nr` • 1i :� • • • - a e.,4,„,„.... jp. 1.1. 13•pfAi -It , i , 1 I% al rd. . ' , ... t 15 4401 .11: • .t.. ; I lir Alvr. 4. , „,..7.0014) .. ' r. a t . '� t , 1 Y I •. k. t r .1 j i lir i.-- ♦ 4. , y. . Concluding the panorama - looking due north east of the breach. Present day conditions of the breach between the concrete sills is shown in the two frames, below: • 9 of 11 11 / 18/2013 12:09 PM Outlook Print Message https://blulb9.mail .livc.comilnwil/PrintMcssagcs.aspx''cpids=ctNd1607... It I II J i _. '_. . .. a. • .'.• mfr 1. ."t'- Y y J 4114 . • --- _, . • ..... • . . II -74114141%-it; 21i I 94 4.4.14.- � . '� *: _ .. . r . •• . • /' . • . w •• ' .. f A III 1 IR f ' - .. A 1 r -• •t . A closer view of the breach and concrete sill from east of the breach looking west. The Cache la Poudre River is right of the remnant berm, and our extracted basin visible to the left. 10 0111 11 / 18/2013 12:09 PM Outlook Print Message https://blul69.mail.Iive.cont/mail/PrintMessages.asrx?crick=cf8dl607... ►— ' %; 4:4‘ r _ _ li. I T er a + ' -r. . ' — - '- 114-——4 le gliiiiir -.1"titr—1 - : ' z - Y . , I..., / • ' _ '' c This final shot looks back to the east from the west end of the breach, with the river visible to the left and our operational areas seen in the upper right. Please let us know how you would like us to proceed from this point. Naturally, if you need a site visit we will coordinate with your office to make sure that happens. Let us know if you need clarification or additional information respective of this correspondence. Our genuine thanks for your time and kind assistance. Yours truly, Varra Companies, Inc. Bradford Janes, forester Liaison, Office of Special Projects bljforester@msn.com desk: 970-353-8310 I i of I I 11 / 18/2013 12:09 PM t1 _ - I �!�ii ii �i �0' I "v l •�•• ,r - -., _ a LL.._ °` o . 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W __ 1 .., mss, I1Is 7 I Ire , � • • '•• • � ' � !lt �` - • �s v Or II ll) • 4,• 7r `ice r • .. -s I � _I �p '' a O° 1 - # nil / S • l i:aa 111• • c A .• • { i • - ill' ! I ' .L _. - _. 4•.•••r.,i - Pi IMI is 1 i= � � 4,111131.• I- lithilL r, 1 , !I I ij -44, li _i[ • Yr i' {�I I IiJttJ II F__clii._ • I I.. '• j -7 -ter 11a Is I : Mt . ri Ft, . 1.7- ' . ill, i E CS ar s i tai; re4 TIC.% r- P9/ 4. II i Li • ir CL. SCALE: 1 INCH = 2000 FT VARRA COMPANIES, INC. DATE: 12 November 2013 8120 GAGE STREET FREDERICK. COLORADO 80534 REVISION: TELEPHONE: (303) 666-6657 I.. t PAGE: 1 OF 1 I • Exhibit B — INDEX MAP r•. : - - . EAST 8th St. '.' rt.: , .' • • . • C`4c�,e POUDRE •p es to . J rh- • •i , it's SITE •'... . . o EAST 16 th ST. _ _ _ t N is C.; HIGHWAY 34 6 --%\N «. GR£EL E Y ,. ) '/RR/GA T/ON CO D/ TCH d 3 VICINITY MAP 0 • O I MILE - SCALE The project is located at 1431 East 16`h Street, just outside the City Limits of Greeley in the NE/4NE/4; Section 9; and N/2; Section 10; all in Township 5 North; Range 65 West; 6`I' P. M . ; Weld County, Colorado. Varra Companies, Inc. DMG Permit M78-056 2003 Amendment I • 11,1 • • s li _ _„ ,. • . . is 4.aier g "Ili d cars. or se 1 U • r O S .1•• Z t. p Y 1 < < - �` . 1ft 10` 7 r let e t -ay ' '• ` S•► • tie .fr ` • 1. 4, d Fs ip e..- rit• I as IelCirnibillieb•% . 4/. Co iii. '• ' It. I r M c cu L her • . c t, * millits, ; Se . I .to . I . . 4 tiarrISS 0... a . ;t v . a I I 0 _ rt _ i ! - _ ? Pelage • Ill. r I : NI 1 era ib Ili1 'ale . anw V, - � _ 7.1 t_ ' ail:Dr: II i. a 1\it • Ilf 1 .4 \ .., . � 1PP • CI els . e 4,,, N s 14-1-Pr .. . ft , ' . 1. 4 a. I.1 • 1 • 1 41 lip....... • •• 4 '� j f IP IP • _ 9 U • I 4 if a. , n. • 'It° , a_ c. - i - - : - '- 4 - '� - S ti • t- 3 4) W r a .•r f.../ •._ • Ler . • 1 SCALE: 1 INCH = 200 FEE ` VARRA COMPANIES, INC. DATE: 17 October 2013 - - 8120 GAGE SWEET FREDERICK, COLORADO 80534 REVISION: I • TELEPHONE: (303) 666-6657 h PAGE: 1 OF 1 r, N N O d' t-- C) vl -- c C rfl 0 ( l N t- (NI •--e al O O M ` a EA -- M O O ri -t' (Ni O 0 0 O 4 ri r+ Cl re) ▪«S O H # N in r 1 Cl � 0O0 ON O Cl vi r'l t— r'•: — - d' ---'- tl 4 M fro O U * II) C.) vl v-4 .1- ' CI t� in O O --:-.• 41 0 O --- r 1 0 0 0 0 0 0 Ms 4t X or, o vl Vl O Il V') N — c ri el •—, v Co 0 0 C O • s~ • CD1�. C) r. V M .C d 0 00 U O > > 'j n •SL 3 = E U U ,.-a 6:4I4 Q > � O r-C. . / ' N (c. r N �V) O Ct " tV O ►i"� v, _ > �)al ct cn E 0is, O . J.... — 4 c}t-,� N V OU f v OU s..• U a,'55V 4) v O x g al •x Cn ti). Ed :..4HGclrn u) drn cn 4 3 se .a ti a) V) r— V ... 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IA 3 ; 04 V V) a ca to = v)t- V .ea `� X a' O4j a �n `' •° Q U 3 a = .0 o a > et 0 E C O Nal O en u c3 O O 4-4 as `O E W a . •ti - o ... 3 .ot . •�o z_ o V A �� , �y •a, •�K�~ �, Q I--I O 41 .zi O > L ° • •C •` x fi ', 0 4.) 0 " .o ? C .eo a ° .00 .ao � U ea N CA C U "'441) W O V C , :Z. D4 O a) cd C3 E-••' zed .cd . up cr. C R. Q Q na W W IS o.. c/) ... Rafaela Martinez From: Bradford Janes [bljforester@msn.com] Sent: Friday, April 04, 2014 9:00 AM To: Rafaela Martinez Cc: GCVARRAVCI Subject: Placement Documents from Varra Companies, Inc. Attachments: WCProof_1040414.docx; Durham 2014 TR 040414.docx; Durham_ 2013Breach_ACE_Submittal_111413.pdf;Durham_2013Breach_ACE_Approval_112113.pdf Rafaela Martinez, Deputy Clerk Office of the Weld County Colorado Clerk to the Board Greeley, CO Good Morning Rafaela. Attached, find documents for placement for public review. These documents are being provided to the State of Colorado, Division of Reclamation Mining and Safety, Office of Mined Land Reclamation, as part of a Technical Revision to Permit M1978-056. Additional information is provided in the cover letter and attachments. Please sign, date, date stamp and return the Proof provided in the first attachment. As we must submit the materials with this proof on the same day, please provide immediate return via e-Mail of the completed proof, with our thanks, and regrets for any inconvenience. Naturally, should you need clarification or additional information, please contact me immediately at the telephone number below. Thank-you. Sincerely, Varra Companies, Inc. Bradford Janes, Forester Liaison, Office of Special Projects bljforester@msn.com desk: 970-353-8310 1 sr1T Op 4c�,.:yc��li;,�.. ,,+ DEPARTMENT OF THE ARMY /I , ' lit CORPS OF ENGINEERS, OMAHA DISTRICT • - 1%1 , i M " DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD c .l LITTLETON, COLORADO 80128-6901 .: ct/ °sniffs 0 November 2 I , 20 13 Mr. f3radlurd Janes ©C. '1-- ' Varra Companies. Inc. 8120 Gage St. Frederick. CO 80516 RE: Varra Companies Riverside Berm Repair at the Durham Operation Nationwide Permit No. 3, Corps File No. NWO-2013-2295-DEN Dear Mr. Janes: Reference is made to the above-mentioned project submitted to Mr. Terry McKee of my office. This breach is located at 40.42033; - 104.66154, Weld County, Colorado. Based on the information provided, this office has determined that the work within Colorado is authorized by the Department of the Army Nationwide Permit No. 3. found in the February 2 I . 2012. Federal Register. 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 authorisation to remain valid. 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 attached conditions so that they are aware of the limitations of the applicable nationwide permit. 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 is valid until March 18, 2017 (expiration date). In compliance with General Condition 30, the attached "Certification of Completed Work" form ( blue) must be signed and returned to this office upon completion of the authorized work. In accordance with the Endangered Species Act, the Corps of Engineers has reviewed your project for potential impacts to threatened and endangered (T&E) species and their critical habitat. We have determined that no T&E species or critical habitats are present in the activity area. I lowever, should anyone at any time become aware that either an endangered and/or threatened species or its critical habitat exists within the project area, this office must be notified immediately. The Omaha District, Regulatory Branch is committed to providing quality and timely service to our customers. In an effort to improve customer service, please take a moment to complete our Customer Service Survey found on our website at http://pert.nwp.usace.army.mil/survey.html. If you do not have Internet access, you may call and request a paper copy of the survey that you can complete and return to us by mail or fax (Completing the survey is a voluntary action). If there are any questions call Mr. Terry McKee of my office at (303) 979-4120 and reference Corps File No. NWO-2013-2295-DEN. Sincerely, /2/j Kiel Downing Chief, Denver Regulatory Office tm Copies Furnished: U.S. Fish & Wildlife Service Colorado Department of Public Health & Environment Environmental Protection Agency Colorado Parks and Wildlife 2 Nationwide Permit 3 Maintenance (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure, or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses di (Tering from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project or within the boundaries of the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays. (b) This NWP also authorizes the removal of accumulated sediments and debris in the vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.) and/or the placement of new or additional riprap to protect the structure. The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization. The placement of new or additional riprap must be the minimum necessary to protect the structure or to ensure the safety of the structure. Any bank stabilization measures not directly associated with the structure will require a separate authorization from the district engineer. (c) This NWP also authorizes temporary structures, fills, and work necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access (i I I s. or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. (d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize beach restoration. This N WP does not authorize new stream channelization or stream relocation projects. (Sections 10 and 404) Note: This NWP authorizes the repair, rehabilitation, or replacement or any previously authorized structure or fill that does not qualify for the Clean Water Act Section 404(1) exemption for maintenance. Nationwide Permit General Conditions Note: To qualify for NWP authorization, the prospective permittce must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the pennittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the fret navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 2 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by N WI's 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in ( lie proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre- construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre- construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no- now. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. In Colorado, when temporary fills are placed in wetlands, a horizontal marker (i.e. fabric, certifies weed-free straw, etc.) must be used to delineate the existing ground elevation of wetlands that will be temporarily tilled during construction . 3 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of receipt of a complete pre- construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the 4 Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (i) information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such "take" permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the 5 National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NI WA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NI-IPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). I f Ni IPA section 106 consultation is required and will occur, the district engineer will notify the non- Federal applicant that he or she cannot begin work until Section 106 consultation is completed. if the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NI-IPA ( 16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NI-WA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACIIP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. if circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21 . Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of I listoric Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. 6 The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States arc not authorized by NWT's 7, 12, 14, 16, 17, 21 , 29, 31 , 35, 39, 40, 42, 43, 44, 49, 50, 5I , and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31 , for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will he no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment arc minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project-specific waiver of this requirement. For wetland losses of 1 /10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. ( 1 ) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) — ( 14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not 7 practicable or not necessary to ensure timely completion of the required compensatory mitigation (sec 33 CFR 332.3(k)(3)). (4) If mitigation bank or in-lieu fee program credits arc the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number ul credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (c) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1 /2-acre, it cannot be used to authorize any project resulting in the loss of greater than 1 /2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (Q Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (c.g., conservation casements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Pcrmittees may propose the use of mitigation banks, in-lieu fee programs; or separate permittee-responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee-responsible compensatory mitigation may be environmentally preferable if there arc no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous 8 wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures arc safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401 , individual 401 Water Quality Certification must be obtained or waived (sec 33 CFR 330.4(c)). The district engineer or State or 'I'ribc may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (sec 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Condit ions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian 'I'ribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1 /3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit arc still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. t o validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." 9 (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee- responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program arc used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. Further Information 1 . District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. Colorado Regional Conditions — NWP 3 Applicable Additional Information The following additional information relates to minimization of impacts to jurisdictional waters of the United States, and compliance with existing General Conditions: 1 . Permittees arc reminded that appropriate erosion and sediment controls are required in accordance with General Condition No. 12 in order to properly stabilize the site and prevent erosion and siltation into wetlands and other waters downstream. Streambed material or other small aggregate material placed alone for bank stabilization will not meet General Condition No. 12. 10 2. Permittces arc reminded that all compensatory mitigation is required prior to or concurrent with project construction to ensure compliance with the Final Compensatory Mitigation Rule. A complete copy of the Final Compensatory Mitigation Rule may be obtained at the following website: http://www.usace.army.mil/cecw/pages/final cmr.aspx. 3 . Permittees are encouraged to clean heavy equipment prior to and after construction if equipment was previously used in another stream, river, lake, pond or wetland within 10 days of initiating work in order to prevent the spread of New Zealand Mud Snails and other aquatic hitchhikers: a. Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and keep the equipment dry for 10 days; or b. Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak equipment with either a 1 : 1 solution of Formula 409 Household Cleaner and water, or other approved chemical solutions. Treated equipment must be kept moist for at least 10 minutes; or c. Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak equipment with water greater than 120 degrees F for at least 10 minutes. 11 Certification of Completed ‘`'ark Corps Idle Number: Name of Permitter: Date of Issuance: Expiration Date: Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U. S. Army Corps of Engineers Denver Regulatory Office 9307 South Wadsworth Blvd. Littleton, Colorado 80128-6901 Phone (303) 979-4120 Fax (303) 979-0602 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you arc subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit, and required mitigation was completed in accordance with the permit conditions. t Signature of Permittee I If your permit included wetlands monitoring and annual reports, these activities will continue after submittal of this form until you arc notified by the Denver Regulatory Office that your mitigation is successful and monitoring reports arc no longer required. Rafaela Martinez From: Bradford Janes [bljforester@msn.com] Sent: Friday, April 04, 2014 9:00 AM To: Rafaela Martinez Cc: GCVARRAVCI Subject: Placement Documents from Varra Companies, Inc. Attachments: WCProof 1 040414.docx; Durham_2014TR_040414.docx; Durham_ 2013Breach_ACE_Submittal_111413.pdf; Durham_2013Breach_ACE_Approval_112113.pdf Rafaela Martinez, Deputy Clerk Office of the Weld County Colorado Clerk to the Board Greeley, CO Good Morning Rafaela. Attached, find documents for placement for public review. These documents are being provided to the State of Colorado, Division of Reclamation Mining and Safety, Office of Mined Land Reclamation, as part of a Technical Revision to Permit M1978-056. Additional information is provided in the cover letter and attachments. Please sign, date, date stamp and return the Proof provided in the first attachment. As we must submit the materials with this proof on the same day, please provide immediate return via e-Mail of the completed proof, with our thanks, and regrets for any inconvenience. Naturally, should you need clarification or additional information, please contact me immediately at the telephone number below. Thank-you. Sincerely, Varra Companies, Inc. Bradford Janes, Forester Liaison, Office of Special Projects bljforester@msn.com desk: 970-353-8310 1 Hello