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Home My WebLink AboutPlansLetter of Authorization June 11, 2019 Glenn Hartmann Garfield County Community Development 108 Eight Street, Suite 401 Glenwood Springs, Colorado 81601 RE: Authorization for Consultants for Meadow Creek Ranch Aquatic Habitat Improvement -Phase II Permit# This letter authorizes Colorado River Engineering and Claffey Ecological Consulting, Inc. as the primary contacts for our Aquatic Habitat Project -Phase II on Meadow Creek Ranch. Please contact either firm with additional requests for information on the creek project or Mr. Tim Casey, authorized agent for Meadow Creek, LLC. Tim Casey can be reached at 970-390-0859 or tim@mmabreck.com. Sincerely, 7,7............„_____)/"..„/ Tim Casey Authorized Agent for Meadow C1''eek, LLC Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Meadow Creek, LLC a Limited Liability Company (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Meadow Creek, LLC and is formed under the laws of the State of Colorado, the County of Garfield The mailing address for the Entity is 1411 Mockingbird Place, Los Angeles, CA 90069 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Timothy Casey, Agent for Meadow Creek, LLC The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 41h day of June Signature: Name (printed): TimothyCp ey Title (if any): Agent far Mea. f 2019 STATE OF Colorado )SS. COUNTY OF Summit ) The foregoing instrument was acknowledged before me this 4th day of June 2019 by Timothy Casey , on behalf of Meadow Creek< LLC Limited Liability Company Witness my hand and official seal. My commission expires: 11/aLl/ oI i (Date) C (Notary Public) [SEAL) JANET BUTLER Notary Public State of Colorado Notary ID 20154045652 My Commission Expires Nov 24. 2019 ,a COLORA.DO RIVE E N6 I N E E R 1 N G IscurernI ArLLD July 10, 2020 Mr. Andy Schwaller Building and Planning, Garfield County 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 Colorado River Engineering 136 East 3rd Street Rifle, CO 81650 RE: Grading Permit Request — Meadow Creek Ranch (MCR) — Stream Restoration & Stabilization Project Phase II FDPA-06-19-8738 Dear Mr. Schwaller: Colorado River Engineering is providing this letter to supplement a Garfield County grading permit application for a planned stream restoration and aquatic habitat improvement project located on Main Elk and Elk Creek within the boundaries of Meadow Creek Ranch (PIN: 212514200125). The work being completed in the channel is covered under a U.S. Army Corps of Engineers General Permit 12 (SPK-2017-00295) and a Garfield County floodplain development permit (FDPA-06-19- 8738), both of which are attached. A requirement of the FDPA was that a grading permit be obtained in order to bond the revegetation/weed control portion of the stream restoration work. The vast majority of work being proposed is below the ordinary high water line of Main Elk Creek with the exception of a few spots where eroded banks need to be stabilized; therefore the main purpose of this permit is to secure the revegetation of all disturbed areas above the high water line in the channel of Main Elk Creek. A vicinity map is attached as Figure 1. Although this works falls into the category of "minor grading permit" based on the amount of grading, we are providing the revegetation and reclamation plan as requested in the FDPA. Total fill area for benches, coir banks and cobble toe placement totals 0.84 acres. Site Plan Many of the requirements of the site plan are not applicable to this project. All of the work is being done within the property boundaries of the applicant. Design sheets of work to be performed from Five Rivers, Inc are attached to this document. The design sheets being provided illustrate the extent of the work to be performed in the channel. This area has not mapped by FEMA, therefore no floodplain maps are available. A General Site Plan is attached as Figure 2 showing the existing contours (topographic map), restoration extent, existing roads, property boundaries, and streams. In addition to this general map, areas of restoration are further detailed in the attached design sheets from Five Rivers, Inc. Erosion Control Plan In the channel, the main goal of this restoration work is to repair and control erosion that has already taken place due to agricultural production and past flooding events. Once restoration has taken place, small cobble coffer dams can be placed upstream of areas where major excavation work is underway to deflect flows away from the bank. These dams can then be moved 2020-07-10 GarCO Grading Permit Letter Phase II CoURIADO FOIE EN6INEER1Nr Is I,'r1k Pni A'ri:D Colorado River Engineering 136 East 3rd Street Rifle, CO 81650 downstream where needed and incorporated into the next feature after bank restoration work is completed. Vegetation and Reclamation Plan Soil and Material Handling The majority of material that will be handled during this restoration work is river cobble and gravel, very little soil will actually be worked. Soil removed on -site will be used immediately in the stream restoration work and will not be stored for long periods of time. No long-term soil stockpiles requiring cover are needed as soil will be used immediately. Weed Management Plan A noxious weed inventory and management plan will be completed per Exhibit A of the Floodplain Development Permit. Claffey Ecological is working with Steve Anthony on the inventory and management plan. Site Revegetation and Restoration The seed mixes used will vary by location of disturbance and are listed below: General Streambank and Riparian Seed Mix Western wheatgrass (Pascopyrum smithii) Arriba 25% Streambank wheatgrass (Elymus lanceolatus) SODAR 40% Slender wheatgrass (Elymus trachycaulus) SAN LUIS 15% Mountain Brome (Bromus marginatus) Garnet 20% Rate — 25-30 Ibs per acre — seed raked into soil, and lightly tracked packed where possible Lower streambanks — lateral bar edges Streambank wheatgrass (Elymus lanceolatus) SODAR 25% Western wheatgrass (Pascopyrum smithii) Arriba 40% Fowl bluegrass (Poa palustris) 10% Spike bentgrass (Agrostis exarata) 10% General Mix A Western Native Seed Montane Erosion Control Mix (approximately 50 pounds) will be used for upland disturbance areas and includes the following species: 2020-07-10 GarCO Grading Permit Letter Phase li 2 of 3 CoLoRADOftniE.ft ENe!NEER1Ncx 111; Ilk P rIIA Ii:D Mt Brome (Bromus marginatus) 45% Slender Wheatgrass (Elymus trachycaulus) 45% Western Wheatgras (Pascopyrum smithii) 10% Nursery Grown Willows from Alpine Eco Nursery (40 cubic inch containers) Coyote Willow (Salix exigua) 1,000 Strapleaf willow (Salix ligulifolia) 500 Whiplash willow (Salix lasiandra) 500 Planting Schedule Colorado River Engineering 136 East 3rd Street Rifle, CO 81650 Planting of the disturbed areas will take place after the restoration work has completed. The stream restoration is scheduled to start in July, 2020. The seed application rate is provided above under the different areas that will be reseeded. Seeds will be irrigated, if necessary, until established. Cost Estimate The estimate for the vegetation and reclamation plan is based on a cost of $2,500/acre (per conversations with Steve Anthony). The revegetation area estimate includes: benches, coir banks and cobble toe stabilization. Revegetation work totals 36,590 square feet (0.84 acres) for a total cost estimate of $2,100. If you have any questions, please do not hesitate to call me at 970-625-4933. Sincerely, Wendy Ryan 2020-07-10 GarCO Grading Permit Letter Phase II 3 of 3 Legend el CITIES .nr+. STREAMS Meadow Creek Ranch t i SECTIONS 0 LAKES •1A MAJOR RIVERS le TOWNSHIPS COLOR A f RIVER ESfi1HL£RINa ti ix •n�Ar�n 4.1 PO Box 1301 Rifle, CO 81650 Tel 970-625-4933 P' a a ai PP Meadow Creek Ranch Phase II Vicinity Map Document Name: Vicinit Ma..mxd Drawn by: WAR Figure: 1 Client: ROB E}i S,WARREN W TRUCT ROBERTS, CARL 4 R TRUST" to CO°a0) W >O LE- O W I- Ce W �2 2 I BUREAU •• I OF LAND 1 MANAGEMENT Legend 161 CITIES LOCAL_ROADS Oto . STREAMS SECTIONS �i HIGHWAYS '�, INTERSTATES • Phase!! Restoration Extenl 54,slo;r 0.125 0.25 t (iLNE£R1Nn PO Box 1301 Rifle, CO 81650 Tel 970-625-4933 HENDRICKSON, MARK & JENNIFER D Meadow Creek Ranch Phase II General Site Plan Drawn by: WAR I Approved by: CM Datc: 6/23/2020 4J LLC Figure: MEADOW CREEK RANCH FISHERIES HABITAT IMPROVEMENT SHEET 1 - STA. 0+00 to 12+00 POOL EXCAVATION SITE LATERAL BAR PLACEMENT Place large cobble excavated from adjacent pool at toe of 50' long eroding stream bank. Cobble would placed to an elevation approximately 2' above streambed elevation. 100 container willows would be planted within placed cobble. rr. .- IL .... ........ ....„...._ .,,A REACH 1 FILL STREAM STATION HABITAT FEATURE 1+20 to 2+60 3+40 to 3+90 3+90 to 4+50 5+45 to 8+00 6+40 to 6+95 7+40 to 7+85 8+25 to 8+75 9+20 to 9+80 10+10 to 10+75 Total Fill Lateral Bar Bark Repair AREA of FILL (acres) FILL VOLUME (cubic yards) 0.032 36 0.007 22.2 Lateral Bar 0.011 19 Lateral Bar 0.10 20.2 Lateral Bar 0.006 16.3 Lateral Bar D.006 15.0 Lateral Bar 0.007 Lateral Bar 0.008 Lateral Bar 0.010 � 4 MEADOW CREEK RANCH MAIN ELK CREEK DESIGN SHEET 1 DATE: 10/28/18 DRAWN BY: Matt Weaver SCALE 1" = 100' 73a�cn2.o, /I/l �.�97i8 �970 d9-0 C, 406--209. MEADOW CREEK RANCH FISHERIES HABITAT IMPROVEMENT SHEET 2 - STA. 12+00 to 24+80 POOL EXCAVATION SITE UIPMENT ACCESS POINT (14+00) M 4 (16+oo) �� Dol ti (191" (20+00) STREAM STATION 12+45 to 12+85 13+00 to 13+70 14+00 to 14+75 15+35 to 15+75 16+50 to 17+15 19+75 to 20+30 20+80 to 21 +40 22+45 to 23+30 23+85 to 24+50 Total Fill -.6 tr. • REACH 2 FILL HABITAT FEATURE AREA of FILL FILL VOLUME ii (acres) (cubic yards) Lateral Bar 0.008 20.0 Lateral Bar 0.013 25.5 Lateral Bar 0.012 22.8 Lateral Bar 0.005 12-7 Lateral Bar 0.012 22.7 Lateral Bar 0.010 15.0 Lateral Bar 0.011 20.9 Lateral Bar 0.014 28,2 Lateral Bar 0.012 22.7 0.097 188.5 EQUIPMENT ACCESS POIN MEADOW CREEK RANCH MAIN ELK CREEK DESIGN SHEET 2 DATE: 10/28/18 DRAWN BY: Matt Weaver SCALE 1" = 100' wrw 89l0Chit/Nil/1 & Bad ,/VIrc97T' 06:e209. T970 SLUMP AREA Place a 2' lift of cobble from down stream pool excavation along toe of slump. Place 8 to 18" cobble in front of stream cobble. Plant with 250 container willows. LATERAL Ba PLAAEMENT 74111011.6 MEADOW CREEK RANCH MAIN ELK CREEK DESIGN SHEET 3 DATE: 10 / 2 8 / 18 DRAWN BY: Matt Weaver SCALE 1" = 100' (99 -0 C Bi,lita7 71 I'l:s9(Y ? (76. v209. 070 ociox EQUIPMENT ACCESS POINT POOL EXCAVATION SITE A Place 2' lift of 8 to 18" cobble along toe of 8' high eroding bank. Plant 200 container willows. A .10 acre gravel deposition area resulting from a channel avulsion. The site has been used as a gravel borrow site for ranch roads. It's proposed that the excavated areas and gravel piles be re -graded and the site restored to a natural floodplain configuration, seeded with native riparian grass species and planted with 100 container grown native willows. Approximately 25 cubic yards of fill from pool excavation at 36+50 would be added to fill existing gravel borrow areas. A A A A A A A A A A A A A AA A A A •A AA A A A A A A AA A A A AA A A A A A A A A A .0.1)� �O NOIOInk ti k M (oo+St,) r 1.4k7 MEADOW CREEK RANCH FISHERIES HABITAT IMPROVEMENT SHEET 3 - STA. 24+80 to 55+00 REACH 3 FILL STREAM STATION HABITAT FEATURE 24+90 to 25+80 26+20 to 27+10 29+20 to 30+15 30+60 to 31+30 34+80 to 35+80 38+40 to 39+00 39+30 to 40+10 41+00 to 41+70 42+30 to 43+00 43+20 to 43+90 44+00 45+60 to 45+90 46+10 to 47+15 47+80 to 48+70 49+80 to 50+60 52+40 to 52+60 53+20 to 54+00 TOTAL FILL Place 30 yards of 8 to 12" cobble to stabilize existing riffle and prevent bedload in large upstream bar from mobilizing and filling channel downstream. J Y1 55+00) Lateral Bar Lateral Bar Lateral Bar Lateral Bar Bank Stabil'aatlon Lateral Bar Lateral Bar Lateral Bar Lateral Bar Bank Stabilization Flood Plain Restore Riffle Stabilization Lateral Bar Lateral Bar Lateral Bar Riffle Stabilization Lateral Bar AREA of FILL (acres) 0.013 0.013 0.011 0.008 0.011 0.011 D.01 2 0.008 0.025 0.028 0.014 0.012 0.011 20.9 0.018 20.0 0.013 24.4 0228 477,1 Place 20 yards of 8 to 12" cobble to stabilize existing riffle and prevent bedload in large upstream bar from mobilizing and filling channel downstream. (5i+00) ♦ ♦ ♦ ♦ ` ♦♦ EQUIPMENT ACCESS POINT A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A n A A A A A A A A A A A A A A A A A A A A A A A A . A A A A A A A A A A A A A A A A A A A A A SA A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A Place a 2' lift of cobble from adjacent pool excavations along toe of eroding. Place 8 to 18" cobble in front of stream cobble. Plant with 500 container willows. TERAL BAR PLACEMEN �i r# • - f� A .49 acre gravel deposition area resulting from a channel avulsion. The site has been used as a gravel borrow site for ranch roads. It's proposed that the excavated areas and gravel piles be re -graded and the site restored to a natural floodplain configuration, seeded with native riparian grass species and planted with 250 container grown native willows. Approximately 50 cubic yards of fill from pool excavations at 56+50 and 58+00 would be added to fill existing gravel borrow areas. Place 30 yards of 8 to 12" cobble to stabilize existing riffle and prevent bedload in large upstream bar from mobilizing and filling channel downstream. MEADOW CREEK RANCH MAIN ELK CREEK DESIGN SHEET 4 DATE: 10 / 2 8 / 18 DRAWN BY: Matt Weaver SCALE 1" = 100' �950 C� Bt l 4111597T8 06:e209. /970 1 POOL EXCAVATION SITE (64+00) EQUIPMENT ACCESS POINT Excavate pool and haul material to an upland fill site. Place 20 yards of 8 to 12" cobble to stabilize existing riffle and prevent bedload in large upstream bar from mobilizing and filling channel downstream. 0 +, • 0.010 0,026 0.040 0.016 0.023 0.013 0.023 0.010 0.090 0,010 0.012 0.007 0.011 0,291 FILL VOLUME (cubic yards) r.� y • ;Mr T • MEADOW CREEK RANCH FISHERIES HABITAT IMPROVEMENT SHEET 4 - STA. 55+00 to 78+00 P • REACH 4 FILL STREAM STATION HABITAT FEATURE AREA of FILL (acres) 55+20 to 55+80 Lateral Bar 56+50 to 58+80 Bank Stabilization 59+00 Floodplain Restore 61+40 to 62+40 Lateral Bar 65+15 to 65+40 Riffle Stabilization 66+75 to 67+60 Lateral Bar 70+25 to 7+50 Riffle Stabilization 71+00 to 71+60 Lateral Bar 71+60 to 72+25 Lateral Bar 72+95 to 73+70 Lateral Bar 74+60 to 75+35 Lateral Bar 76+05 to 76+50 Lateral Bar 76+85 to 77+45 Lateral Bar TOTAL FILL IRRIGATION PIPE REACH 5 FILL STREAM STATION HABITAT FEATURE 78+15 to 78+95 79+10 to 79+40 80+75 to 81+25 82+30 to 83+00 84+60 to 85+00 86+40 to 86+90 87+20 to 87+85 88+40 to 88+90 89+90 to 90+10 90+60 to 91+50 93+90 to 94+10 94+10 to 94+30 94+40 to 94+70 95+50 to 95+75 TOTAL FILL Lateral Bar Lateral Bar Lateral Bar Lateral Bar Lateral Bar Lateral Bar Lateral Bar Lateral Bar Stabilize Riffle Lateral Bar Construct Riffle Hardend Riffle Construct Riffle Construct Riffle O L. AREA of FILL (acres) 0.011 0.09 0.013 0.09 0.011 0.012 0.091 0.018 0.617 0.028 0.30 0.028 0.26 0.983 0 0 W • #- , J LATERAL BAR PLACEMEN 0 0 N EQUIPMENT ACCESS POINT FILL VOLUME (cubic yards) 20.9 18.4 24.4 19.4 20.9 22.6 18.6 20.0 28.0 40.0 70.0 25.0 POO EXCAVATION SITE MEADOW CREEK RANCH MAIN ELK CREEK DESIGN SHEET 5 DATE: 10/28/18 DRAWN BY: Matt Weaver SCALE 1" = 100' �95 2 c Z3 , /1t7 T 7T8 406 .W9. 4970 Place 20 yards of 8 to 12" cobble to stabilize existing riffle and prevent bedload in large upstream bar from mobilizing and filling channel downstream. MEADOW CREEK RANCH FISHERIES HABITAT IMPROVEMENT SHEET 5 - STA. 78+00 to 99+00 IRRIGATION STRUCTURE Construct hardend riffle grade control structure to backwater existing irrigation diversion structure to provide fish passage over that structure. The riffle would be constructed using 60 cubic yards of a combination of 2 - 3' rock, 8-12" large cobble and 2 - 8" native stream cobble. Remove existing gravel/cobble berm that was constructed from material excavated from the stream channel. This material would be placed back in the channel to construct the 2 adjacent riffles. The riffles would restore the original streambed elevation and reduce bed slope to upstream constructed grade control riffle. Place 40 cubic yards of cobble upstream of proposed hardened grade control riffle. Excavate pool and haul material to upland fill site. Excavate pool and haul material to upland fill site. • fir: •. r ; •• ;— -F a .L ti )kJ• It _L • r.• Yv-t .. • ▪ ...r r • • 15•: ,r, �}r� } Jj• ' f ■ 1?• F)e �., • tir*` • MEADOW CREEK RANCH MAIN ELK CREEK DESIGN SHEET 6 DATE: 10/28/18 DRAWN BY: Matt Weaver SCALE 1" = 100' 89.5'0 C/ta T�i azotitit, /17Tl 97/ ' 406. 209.4970 • • ir • • - • • r Y � r - ih- ti �1+ • _ r.. . .,• f.{ f .t • • •it •1 -: MEADOW CREEK RANCH FISHERIES HABITAT IMPROVEMENT SHEET 6 - STA. 99+00 to 111+70 • ' y,;'•r. -•—•ti :'.S'4. ' r- M_i:}1?� zi --v'�'4ir—ii'•' _ " : .r 33 • r .51 • I_ • r ,t ter. • T ' �3 • ' r J,�"•r r ( _ ' f f• • JP . .} s r. 3 a r •1 • +'t'•• L• REACH 6 FILL STREAM STATION HABITAT FEATURE 100+20 to 100+90 101+75 to 102+60 104+20 to 104+80 105+65 to 106+30 108+30 to 109+30 110+50 to 111+25 TOTAL FILL { F Je • y ,, -...F ;r; • • • .}'mow Lateral Bar Lateral Bar Lateral Bar Lateral Bar Lateral Bar Lateral Bar • AREA of FILL FILL VOLUME (acres) (cubic yards) 0.013 0.016 0.012 0.013 0.020 0.016 26.8 28.6 31.8 29.8 0.09 170.2 Jir QL EXCAVATION SITE _ -- REACH 7 FILL STREAM STATION HABITAT FEATURE 112+40 to 113+40 115+60 to116+65 119+55 to 120+50 121+85to123+95 TOTAL FILL Lateral Bar Lateral Bar Lateral Bar Lateral Bar MEADOW CREEK RANCH MAIN ELK CREEK DESIGN SHEET 6 DATE: 10/28/18 DRAWN BY: Matt Weaver SCALE 1" = 100' LATERAL BAR PLACEM AREA of FILL FILL VOLUME (acres) (cubic yards) 0.018 31.5 0.019 30.0 0.018 29.7 0.021 31.4 0.076 122.6 E PMENT ACCE • .e MEADOW CREEK RANCH FISHERIES HABITAT IMPROVEMENT SHEET 7 - STA. 111+70 to 124+00 v fer . . - • _ r! r• et .� .i:' { LP" Pam* _ .1 �4• }, {i r LAND USE CHANGE PERMIT (Floodplain Development Permit) for DEVELOPMENT WITHIN AND ADJACENT TO MAIN ELK CREEK ASSOCATED WITH PROPERTY OWNED BY MEADOW CREEK LLC, ON A PORTION OF THAT PROPERTY LOCATED IN TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN: SECTION 2 SE1/4SW'/4, SECTION 11, W1/2SE1/4, SECTION 12, W1/2SW'/4W1/4, SECTION 13, W'/2NW'/4NW'/4, SECTION 14, N1/2N1/2, SW'/4NW1/4, W'/2SWY4, SECTION 15, 5EY4SE'/4, SECTION 22, NE'/4NE1/4 SE'/4NE1/4, SECTION 23, SW'/4NW'/4, SE'/4NWE'/, NW1/4SW1/4, 5E1/45E1/4, W'/2SEY4, E'/2SW', SECTION 26, NE1/4NE1/4, THAT PORTION OF THE W'/4NE' OF SECTION 22, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING NORTH OF THE COUNTY ROAD, COUNTY OF GARFIELD, STATE OF COLORADO AND AS MORE FULLY DESCRIBED IN DEED RECORDED AT RECEPTION NO. 876751, 876752 & 876753 WITH THE GARFIELD COUNTY CLERK AND RECORDER PARCEL NO. 2125-142-00-125 File No. FDPA-08-19-8738 In accordance with the Land Use and Development Code including but not limited to Section 4-109, Development in the 100 Year Flood Plain, the Director of the Community Development Department hereby authorizes the following activity - CREEK RESTORATION AND FISHERY HABITAT IMPROVEMENTS INCLUDING RESTORATION OF THE CREEK CHANNEL TO A NATURAL CONDITION AND IMPROVEMENTS TO AQUATIC AND RIPARIAN HABITATS AND STABILIZING SEVERE BANK EROSION ON AN APPROXIMATELY 2.5 MILE SECTION OF MAIN ELK CREEK, ALSO KNOWN AS THE MEADOW CREEK RANCH AQUATIC HABITAT IMPROVEMENT PROJECT PHASE II, AND FURTHER DESCRIBED ON THE SITE PLANS ATTACHED AS EXHIBIT B AND IN THE APPLICATION SUBMITTALS AND RIVER RESTORATION ENGINEERING REPORTS This Land Use Change Permit — Flood Plain Development Permit is issued subject to the conditions set forth in Exhibit A and the Site Plan included as Exhibit B, and shall be valid only during compliance with such conditions and other applicable provisions of the Land Use and Development Code, as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. COMMUNITY DEVELOPMENT DEPARTMENT GARFIELD COUNTY; COLORADO �7 �1 r. Sheryl Barer, AICP Director Community Development Department EXHIBIT "A" CONDITIONS OF APPROVAL (pg. 1 of 2) 1. That all representations of the Applicant contained in the Application submittals shall be conditions of approval unless specifically amended or modified by the conditions contained herein. 2. That the Applicant comply with all Federal Emergency Management Agency (FEMA) requirements and Flood Plain Development requirements of the Garfield County Land Use and Development Code applicable to the proposed development. 3. Prior to initiating construction activity on the site, the Applicant shall provide an updated list of all regulatory permits required for the proposed work including the status of said permits and date of issuance. All required permits shall be obtained prior to construction activity on the site or as required by the appropriate regulatory agency. The Applicant shall maintain compliance with all of said permits including but not limited to USAGE Permit SPK-2017-00295 issued for the project. 4. The Applicant shall comply with the County Consulting Engineers referral comments, as noted in the Resource Engineering referral letter dated 8/23/19 including. a. A USACE permit has been obtained for the project and the CPW has been involved with the project design. Al! requirements of the USACE and CPW should be incorporated into the permit. b. There will be temporary impacts from sediment during construction. Such impacts must be minimized, and water quality monitoring and sampling is required for the USACE Permit both during construction and for several years following construction. Section 9 of the CRE Letter report dated June 20. 2019 provides construction practices which are also included in the Claffey USACE RGP 12 submittal and should be incorporated into any approval of the permit application (to the extent not already included in Item 1 above). c. The project includes reclamation and restoration of land that has been eroded and captured by the creek. Such area shall require revegetation and weed control. If applicable, the Applicant shall obtain a grading permit from Garfield County and provide any required bonding for revegetation/weed control. d. Irrigation ditches are located within the project reach. The Applicant should provide evidence that the Thompkins Ditch Company has approved modification that relate to the diversion structure. 5. All disturbed areas shall be reclaimed and re -vegetated in accordance with the Applicants plans including erosion control plans. The Applicant shall contact the County Vegetation Manager to coordinate weed control and revegetation and shall provide a weed map and inventory by June 30, 2020. EXHIBIT "A" CONDITIONS OF APPROVAL (pg. 2 of 2) 6. Prior to initiating construction activities on the site the Applicant shall obtain a County Grading Permit and provide any associated security for reclamation. If security for reclamation is being provided in association with other permits, the County may accept the security as adequate subject to review and approval by the Garfield County Chief Building Official. 7. Access to the site shall be limited to existing ranch access roadways. unless additional driveway access permits are obtained through the Garfield County Road and Bridge Department. 8. The Applicant is encouraged to implement livestock management practices that minimize impacts to the creek and help improve water quality. 9. Prior to initiating construction activities on the site, the Applicant shall provide written documentation, that al! irrigation ditches affected by the proposed work have approved the work including but not limited to the Thompkins Ditch Company and the work associated with their diversion structure. 10. Prior to initiating construction activities on the site, the Applicant shall provide copies of any Town of New Castle watershed protection permits. if required by the Town. 1 DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT 1325 J STREET SACRAMENTO CA 95814-2922 August 14, 2019 Regulatory Division (SPK-2017-00295) Claffey Ecological Consulting Attn: Mr. Mike Claffey 1371 17 Road Fruita, Colorado 81521 mclaffey@acsol.net Dear Mr. Claffey: We are responding to your June 27, 2019 request, on behalf of Meadow Creek LLC, for a Department of the Army permit for Phase II of the Meadow Creek Ranch project. This project involves activities, including discharges of dredged and fill material, in waters of the United States for the purposes of improving aquatic habitat. The project site is located on Main Elk Creek, within Sections 15, 22, 23 and 26, Township 5 South, Range 91 West, of the 6th Principal Meridian, extending between Latitude 39.609426°, Longitude -107.583044° and the downstream limit of Latitude 39.591978°, Longitude - 107.564310°, at 1862 County Road 243, in New Castle, Garfield County, Colorado. Based on the information you provided, the proposed activity involving the excavation of approximately 1,460.5 cubic yards of material and the discharge of approximately 1,855.8 cubic yards of material below the ordinary high water of Main Elk Creek, resulting in permanent impacts to approximately 1.89 acres of perennial stream, is authorized by Regional General Permit (RGP) 12 — Aquatic Habitat Improvement for Stream Channels in Colorado. Your work must comply with the general terms and conditions listed on the enclosed Regional General Permit information sheets and the following special condition: 1. No in -stream work is to be conducted between October 1 and June 15. Please note, you must sign the enclosed Compliance Certification and return it to this office within 30 days after completion of the authorized work. This verification is valid for TWO years from the date of this letter, or until the RGP is modified, reissued, or revoked; whichever comes first. Failure to comply with the General Conditions of this Regional General Permit may result in the suspension or revocation of your authorization. Please refer to identification number SPK-2017-00295 in any correspondence concerning this project. If you have any questions, please contact Tucker Feyder at the Colorado West Section, 400 Rood Avenue, Room 224, Grand Junction, Colorado 81501, by email at tucker.j.feyder@usace.army.mil, or telephone at (970) 243-1199 ext. 1017. For more information regarding our program, please visit our website at www.spk.usace.army.mil/Missions/Regulatory.aspx -2- We appreciate your feedback. At your earliest convenience, please tell us how we are doing by completing the customer survey on our website under Customer Service Survey. Sincerely, Travis Morse Senior Project Manager Colorado West Section Regulatory Division Enclosures 1. RGP 12 Permit Summary 2. Compliance Certification cc: (w/ encls) Mr. Mark Magidson, Meadow Creek LLC, 1411 Mockingbird Place, Los Angeles, CA 90069 Mr. Tim Casey, Meadow Creek LLC, c/o MMA Associates, PO Box 2340, 100 S Ridge Street, Suite 105, Breckenridge, CO 80424, tim@mmabreck.com Mr. Matt Weaver, Five Rivers, Inc., 8950 Chapman Road, Bozeman, MT 59718, mattweaver406@gmail.com Ms. Sheryl Bower, Garfield County Building & Planning Department, 108 8th Street, Suite 401, Glenwood Springs, CO 81601, sbower@garfield-county.com Mr. Benjamin Felt, Colorado Parks and Wildlife, Northwest Region Aquatics, 711 Independent Avenue, Grand Junction, CO 81505, benjamin.felt@state.co.us Regional General Permit 12 U.S. ARMY CORPS OF ENGINEERS BUILDING STRONG AQUATIC HABITAT IMPROVEMENT FOR STREAM CHANNELS IN COLORADO EFFECTIVE DATE: October 12, 2016 EXPIRATION DATE: October 12, 2021 In accordance with Section 404 of the Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), the District Engineer, U.S. Army, Corps of Engineers, Albuquerque, Omaha, and Sacramento Districts, hereby re -issue Regional General Permit (RGP) 12 for certain limited discharges of dredged and fill material within waters of the U.S. associated with aquatic habitat improvement for stream channel activities in Colorado. LOCATION: This RGP 12 is applicable to all waters of the United States within the State of Colorado. SCOPE OF WORK: This RGP authorizes certain discharges of dredged and fill material for stream habitat improvement associated with the creation or enhancement of fish habitat components, provided those activities result in net increases in aquatic resource functions and services. This permit does not authorize the loss of greater than 0.5 acre of wetland. These activities involve placement of materials such as large woody debris, boulders, and other materials into the active stream channel or actual manipulation of the active channel itself in an effort to improve fish habitat (e.g., create pools, trap gravel) and can include such structures as boulder or log weirs, jetties and deflectors, rootwads, and placement of spawning gravel. Examples of typical in - stream structures can be found online at: http://www.spa.usace.army.mil/Missions/Regulatory-Program-and- Permits/Stream-Management/. Other structures not specifically listed may be authorized by this permit on a case -by -case basis. Project goals and standards must be achieved within a reasonable time frame to benefit the environment. Mitigation and monitoring may be required based on the nature, extent, and duration of the impact and/or risk of the project plan not achieving performance standards. NOTIFICATION AND APPROVAL PROCEDURES: Written notification requesting verification and concurrence with the requirements of the RGP must be sent to the Corps of Engineers (Corps) office that services the area of the project location. To determine the appropriate regulatory office and point of contact, please visit the Colorado Regulatory website: http://www.nwo.usace.army.mil/Missions/Regulatory-Program/Colorado/, or call one of the following Colorado Regulatory offices: Denver Regulatory Office (Omaha District) 9307 South Wadsworth Blvd. Littleton, CO 80128-6901 Phone: (303) 979-4120 Southern Colorado Regulatory Office (Albuquerque District) 200 S. Santa Fe Ave., Suite 301 Pueblo, CO 81003 Phone: (719) 543-6914 Grand Junction Regulatory Office (Sacramento District) 400 Rood Ave., Room 224 Grand Junction, CO 81501-2563 Phone: (970) 243-1199 Durango Regulatory Office (Albuquerque and Sacramento District) 1970 E 3rd Ave., Suite 109 Durango, CO 81301 Phone: (970) 259-1764 Regional General Permit 12 Aquatic Habitat Improvement for Stream Channels Coordination with the Colorado Division of Parks and Wildlife (CPW) is required for projects considered for authorization by this RGP. Pre -application consultation with CPW, preferably on -site, is highly recommended. Providing documentation of pre -application consultation with CPW and their response will satisfy the coordination requirements of this permit resulting in quicker processing times. For assistance in determining the appropriate CPW office and point -of -contact, please visit the following state website to determine the appropriate office for coordination: http://wildlife.state.co.us, or call one of the following: Northeast Region Manager 6060 Broadway Denver, CO 80216 303-291-7227 Southeast Region Manager 4255 Sinton Road Colorado Springs, CO 80907 719-227-5200 Northwest Region Manager 711 Independent Ave Grand Junction, CO 81505 970-255-6100 Southwest Region Manager 151 E. 16th Street Durango, CO 81301 970-247-0855 The applicant must first notify the Corps in writing according to the Notification procedures of the RGP as described below. Work cannot proceed until the Corps has provided written approval to the applicant. The applicant must provide the following information: 1. Name, address and telephone number of the applicant responsible for the work, the owner of the affected lands (if different than the applicant), and the contractor(s) that will be performing the work, if applicable. The applicant must provide written permission allowing the Corps, CPW, and/or Tribal representative to enter upon and perform work on property not belonging to the applicant. The applicant should be the entity retaining long-term maintenance responsibility for constructed features. The notification must include a letter, signed and dated by the applicant, stating that they certify that the information in the notification is complete and accurate and that they will abide by the terms and conditions of this permit; 2. A description of the project location including section, township, range, and coordinates (latitude/longitude, UTM, etc.) at both ends of the work area; 3. A written well-defined purpose and need for the work, including a detailed statement explaining how the work will produce quantifiable improvements in physical habitat and biota when implemented, direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of water of the United States expected to result from the activity, and a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the District Engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures; 4. If the proposed activity will result in the loss of greater than 1/10-acre of wetlands, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. Page 2 of 14 Regional General Permit 12 Aquatic Habitat Improvement for Stream Channels 5. Pre -construction photos depicting the physical setting (to be compared to post -construction site conditions from the same photo points). Photos should contain figure labels with time, date, bearing, and a general description of the site; 6. A set of drawings per established standards and guidelines for maps and drawings - refer to the map standards located at http://www. spd. usace. army. m it/Portals/ 13/docs/regulatory/standards/MapStand020816. pdf In addition, the drawings must include the following elements: a. Location map, including name of the waterway, nearest town, county, and coordinates (NAD83) of each structure and at both ends of the work area; b. Plan view of all work, including staging area(s) and access point(s), clearly identifying types and locations of structures/impacts, along with dimensions, a scale bar, a north arrow, and approximate extents of aquatic resources within the project area. To aid in visual understanding, this plan can be overlaid on a recent aerial image of the project site. The plan should also include information such as the existing and proposed bank slopes, width/depth ratio of the channel, sinuosity, and sediment size distribution; c. Cross -sectional and profile views to scale of the existing stream channel and the proposed structures, including dimensions (length, width and height of the structures or work), and clear delineation of the limits of the ordinary high-water mark; and, d. A delineation of the ordinary -high water mark and all special aquatic sites at the project site, including wetlands and riffle and pool complexes. The aquatic resource delineation report must be submitted in accordance with the wetland delineations protocols for the individual Corps District that covers the project area. 7. A complete description of the work, including the composition, source, and volume in cubic yards of all material to be placed or redistributed in waters of the U.S. The description should contain a proposed procedure to be taken to reduce sedimentation and a rationale for the volume of material to be placed or redistributed in waters of the U.S. 8. A description/assessment of the existing stream conditions (i.e., baseline information) and an explanation for why the project is needed, including a description of how the project will improve stream habitat relative to existing fluvial processes and the project design targets. 9. Quantity of waters of the U.S to be impacted by the proposed activity in terms of wetlands and other aquatic resources. Units of measure should be provided in acres or square feet, and also linear feet, if appropriate. 10. If the project is located on the following Indian Lands, the applicant must obtain an individual water quality certification (WQC) under Section 401 of the Clean Water Act and provide a copy of the WQC to the Corps: a. Southern Ute Indian Lands. WQCs for projects located on Southern Ute Indian Lands must be obtained from the U.S. Environmental Protection Agency (EPA). For assistance, contact the EPA at: EPA, EPR-EP, Aquatic Resources Protection and Accountability Unit, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6909, or visit the webpage: http://www.epa.gov/region8/water/wgc.html b. Ute Mountain Ute Indian Lands. WQCs for projects located on Ute Mountain Ute Indian Lands must be obtained from the Ute Mountain Ute Tribe. For assistance, contact the Ute Mountain Ute Environmental Programs Department, 520 Sunset Blvd. or P.O. Box Page 3 of 14 Regional General Permit 12 Aquatic Habitat Improvement for Stream Channels 448, Towoac, Colorado 81334, 970-564-5430 (fax 970-565-2651), or visit the webpage: http://www.utemountainuteenvironmental.org See also General Condition 19 below. 11. For non -Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the notification package must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act (see General Condition 15); 12. For non -Federal permittees, if the RGP activity may have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the notification package must state which historic property may have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. Federal permittees must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act (see General Condition 17); 13. Applicants are encouraged to provide the Corps with electronic files to expedite agency coordination and permit review. Such submittals may be limited by size so the applicant should request confirmation of delivery receipt. The information should reference Regional General Permit No. 12 and be sent to the appropriate Corps office. Once a complete application is received, the Corps will coordinate with the CPW. CPW will have 10 days from the receipt of Corps notification to indicate that they will be commenting on the proposed project. CPW will then have an additional 15 days after the initial 10-day period to provide those comments. If CPW raises concerns during coordination, the applicant may either modify their plan, in coordination with CPW, or apply for a Standard Individual Permit. If no comments are received from the CPW within the comment period, the Corps will assume that CPW has no objections to the project design. Please note that failure of the applicant to coordinate with CPW in advance of requesting a permit may result in permit review delays. The Corps will review the applicant's request for authorization under this RGP and will inform the applicant in writing that the work may proceed. The applicant may not start work until notified by the Corps. If the work is not authorized under this RGP, the applicant must apply to the Corps for a Standard Individual Permit or other appropriate Department of the Army permit(s). For projects located within Tribal trust lands, coordination is required with the appropriate Tribal entity. All aspects of the Tribal coordination process will be the same as those outlined above for CPW coordination. Pre -application consultation with the Tribe, preferably on -site, is highly recommended. For projects that have the potential to impact water resources or vested water rights, it is recommended that the applicant provide evidence or coordination with the local Water Commissioner. For assistance, contact the Colorado Division of Water Resources (DWR), 1313 Sherman St., Suite 821, Denver, CO 80203, (303) 866-3581, or you may contact the appropriate Water Commissioner using the directory found at the following webpage: http://water.state.co.us/DivisionsOffices/Pages/default.aspx Page 4 of 14 Regional General Permit 12 Aquatic Habitat Improvement for Stream Channels GENERAL CONDITIONS: To qualify for this RGP authorization, the prospective permittee must comply with the following general conditions (GC), in addition to any regional or case specific conditions imposed by the division engineer or District Engineer: 1. Upon receiving approval to perform work under this RGP, the permittee will have two years to complete the work or until the permit expires or is revoked, unless specified otherwise in a Corps verification letter. If the permittee commenced work on the authorized activity or is under contract to commence work when the permit expires or is revoked, the permittee will have one more year or until the original expiration, whichever is less, to complete the construction. Upon completion of the work, the permittee shall submit a signed Certification of Compliance form to the Corps. The certification shall include: a. A statement that the work was done in accordance with the Corps authorization, including any special conditions; b. A statement that the required compensatory mitigation, if applicable, was done in accordance with the permit conditions; and c. The signature of the permittee certifying the completion of the work and mitigation. 2. For all projects that include a design -build component, the permittee shall submit a complete set of as -built drawings to the Corps within 90 days following the completion of work. 3. Structures or fill authorized by this permit shall not impede waterborne navigation, including rafting and canoeing, or create a hazard to navigation in waterways. Any interference with navigation may require removal or modification of the structure at the permittee's expense. 4. Activities authorized by this permit shall be designed to withstand expected high flows and maintain preconstruction surface flow rates from the site to the maximum extent practicable. 5. The construction of recreational features (e.g., water parks, kayak courses) and flood control projects are not authorized by this permit. 6. Material may not be placed in any location or manner that will impair surface water flows into or out of any special aquatic sites. The permittee must take precautions to avoid and minimize temporary impacts and protect wetlands and riffle -pool complexes from damage during access and construction. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction conditions, including the revegetation of affected areas, as appropriate. This permit does not authorize the loss of greater than 0.5 acre of wetland. 7. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 8. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 9. The District Engineer may designate, after notice and opportunity for public comment, additional waters officially designated by the State of Colorado 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. Page 5 of 14 Regional General Permit 12 Aquatic Habitat Improvement for Stream Channels 10. The District Engineer may determine on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in no more than minimal adverse environmental effects. The District Engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than 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 individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation plans for RGP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration of riparian areas may be the only compensatory mitigation required. Restored 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. 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 any requirement to provide wetland compensatory mitigation for wetland losses. (d) 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 no more than minimal adverse environmental effects. (2) 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 RGP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR parts 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 practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR part 332.3(k)(3)). (3) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. Page 6 of 14 Regional General Permit 12 Aquatic Habitat Improvement for Stream Channels (4) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be added through special conditions added to the RGP authorization. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of this RGP. For example, RGP 12 cannot be used to authorize any activity resulting in the loss of greater than 0.5 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 an activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for this RGP. (f) Permittees may propose the use of mitigation banks, in -lieu fee programs, or permittee- responsible mitigation. For permittee-responsible mitigation, the special conditions of the RGP 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. When mitigation is required, no work in waters of the United States may occur until the District Engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. For projects requiring compensatory mitigation, please refer to the Mitigation and Monitoring Guidelines located at: http://www.spd.usace.army.mil/Portals/13/docs/regulatory/mitigation/MitMon.pdf 11. 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. 12. Destruction of riparian or riverine vegetation, especially mature cottonwoods, shall be avoided to the maximum extent practicable. The permittee is cautioned that cottonwoods may be locally very important for several protected species, including the yellow -billed cuckoo, and bald eagles, which are protected under the Bald and Golden Eagle Act. If the authorized work causes damage to riparian vegetation that is not directly covered by a permanent feature, these scarred areas shall be replanted with a mixture of native trees, shrubs, forbs and grasses. Seeding, sprigging, or other means of planting native woody and herbaceous plants is highly recommended and advantageous to further stabilize stream banks. For further information on planting, please contact the local Natural Resources Conservation Service or Corps office. 13. 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, must be permanently stabilized at the earliest practicable date. Erosion control fabrics/blankets may be required on a case -by -case basis. All disturbed areas, including the riparian and upland buffer zones, shall be revegetated with native species to prevent erosion. These areas shall be monitored and maintained to ensure vegetative success. Page 7 of 14 Regional General Permit 12 Aquatic Habitat Improvement for Stream Channels 14. Activities in breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. On a case -by -case basis, the Corps may restrict the timing of construction in order to avoid and minimize impacts to migratory waterfowl during the breeding season. 15. (a) No activity is authorized under this RGP 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 this RGP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the RGP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the RGP activity and are later in time, but still are reasonably certain to occur. (b) Section 7 consultation may be necessary for the activity and the respective lead federal agency would be responsible for fulfilling its obligation under Section 7 of the ESA. Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre -construction notification is required for the proposed activity, Federal permittees must provide the District Engineer with the appropriate documentation to demonstrate compliance with those requirements. The District Engineer will verify that the appropriate documentation has been submitted. (c) Non -Federal permittees must submit notification to the District Engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity 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 activity 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 notification package. 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 U.S. Fish and Wildlife Service (USFWS), the District Engineer may add species -specific permit conditions to this RGP. (e) Authorization of an activity by a RGP 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 USFWS, 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. Page 8 of 14 Regional General Permit 12 Aquatic Habitat Improvement for Stream Channels (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the USFWS or their World Wide Web pages at http://www.fws.gov/ or http://www.fws.gov/ipac. 16. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the USFWS to determine applicable measures to reduce impacts to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 17. (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 verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under Section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with Section 106. (c) Non-federal permittees must identify in their notification 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 National Register of Historic Places (see 33 CFR part 330.4(g)). When reviewing notification packages, 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 NHPA has been completed. (d) The District Engineer will notify the prospective permittee within 45 days of receipt of a complete notification package whether NHPA 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 part 800.3(a)). If NHPA 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 Page 9 of 14 Regional General Permit 12 Aquatic Habitat Improvement for Stream Channels 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 NHPA (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 NHPA, 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 (ACHP), 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 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. If any previously unknown historic, cultural or archeological remains and artifacts are discovered while accomplishing the activity authorized by this permit, the permittee must immediately notify the District Engineer of what was 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 Historic Places. 18. To ensure that all habitat improvement structures are safely designed, the District Engineer may require non -Federal applicants to demonstrate that the structures 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. 19. If a conditioned water quality certification is issued for the project, (i.e., for projects located on Southern Ute or Ute Mountain Ute Tribal Lands) the permittee must comply with the conditions specified in the certification as special conditions to this permit. In Colorado, excluding Indian lands, regional general permits are unconditionally certified by statute. 20. This permit does not authorize discharges of dredged or fill material associated with channelization, ditching, mechanized land clearing, cutting off meanders, or blocking off channels. 21. All construction debris (including excess dredged or fill materials, wood, cleared vegetation, concrete, and all other materials not specifically authorized by the permit) shall be disposed of in an upland area in such a manner that it cannot enter a waterway or wetland. 22. Dredged or fill material shall not consist of unsuitable material (e.g., trash, debris, waste metal products, asphalt, car bodies, tires, etc.) and must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). Page 10 of 14 Regional General Permit 12 Aquatic Habitat Improvement for Stream Channels 23. The use of grout is not allowed by this permit unless, after a case -by -case review, the Corps makes a written determination that the use of grout would not cause more than minor impacts to the aquatic resource. 24. Discharges into fish spawning areas during spawning seasons are not authorized by this permit unless the CPW provides recommendation to the Corps that the applicant's discharge will not have adverse impacts. In every case, care must be taken so that work does not adversely impact natural recruitment of fisheries. Additionally, special conditions may be required for projects that would impact aquatic species of tribal or state concern. 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 by this RGP. 25. Discharges of dredged or fill material shall not occur in the proximity of a water supply intake, shall not limit the ability of any existing diversion structure to appropriate water, shall not impair the ability to deliver vested water rights, and shall not adversely impact a stream gauging station. 26. Activities shall not impair reserved tribal rights including, but not limited to, reserved water rights and treaty fishing and hunting rights. 27. (a) 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. (b) If a proposed RGP activity will 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, the District Engineer will coordinate with the Federal agency with direct management responsibility for that river. The permittee shall not begin the RGP activity until notified by the District Engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed RGP activity will not adversely affect the Wild and Scenic River designation or study status. (c) 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). Information on these rivers is also available at: http://www.rivers.gov/ 28. The permittee must allow representatives from the Corps to inspect the authorized work at any time deemed necessary to ensure that it is being or has been accomplished in compliance with the terms and conditions of the permit. 29. The permittee shall maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit, including maintenance to ensure public safety and compliance with applicable RGP general conditions, as well as any activity - specific conditions added by the District Engineer to an RGP authorization. The permittee is not relieved of this requirement if construction of the permitted activity is abandoned, although the permittee may make a good faith transfer to a third party in compliance with General Condition 31 below. Should the permittee wish to cease maintenance of the authorized activity, or should Page 11 of 14 Regional General Permit 12 Aquatic Habitat Improvement for Stream Channels the permittee desire to abandon it without a good faith transfer, the permittee shall obtain a modification of the permit from the Corps, which may require restoration of the area. 30. If the permittee sells the property associated with the permit verification, the permittee may transfer the permit verification to the new owner by submitting a letter to the Corps to validate the transfer. A copy of the 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 permit are still in existence at the time the property is transferred, the terms and conditions of this permit, including any special conditions, shall continue to be binding on the new property owner(s). To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." BEST MANAGEMENT PRACTICES: 1. In order to prevent the spread of invasive and/or nuisance species (e.g., Asian Clam, Grand Valley Asian Tapeworm, Green River Mud Snail, New Zealand Mud Snail), the permittee is strongly encouraged to clean heavy equipment prior to and after construction if the equipment was previously used in another stream, river, lake, pond, or wetland within 10 days of initiating work. The following are recommended methods for preventing the spread of invasive aquatic organisms: • Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak equipment with a 1:15 solution of disinfection solution containing the following ingredients: - Dialkyl dimethyl ammonium chloride (5-10% by weight); - Alkyl dimethyl benzyl ammonium chloride (5-10% by weight); - Nonyl phenol ethoxylate (5-10% by weight); - Sodium sesquicarbonate (1-5%); and, - Tetrasodium ethylene diaminetetraacetate (1-15%) The equipment should be kept moist for at least 10 minutes, and rinsate should be managed as a solid waste in accordance with local, county, state, or federal regulations. Alternately, equipment, hand tools, boots and any other equipment that was previously used in a river, stream, lake, pond, or wetland prior to moving the equipment to another water body may be disinfected using the following methods: o Spray/soak equipment with water greater than 140 degrees Fahrenheit for at least 10 minutes. o Sanitize water suction hoses and water transportation tanks (using methods described above) and discard rinse water at an appropriately permitted disposal facility. 2. No petroleum products, chemicals, or other deleterious materials should be allowed to enter or be disposed of in such a manner in which they could enter the waterway or adjacent wetlands. Accordingly, it is recommended that oil absorbent "booms" be installed downstream of the project site during construction activities. Further Information: 1. District Engineers have authority to determine if an activity complies with the terms and conditions of a RGP. Page 12 of 14 Regional General Permit 12 Aquatic Habitat Improvement for Stream Channels 2. Congressional Authorities. This permit authorizes work in accordance with: a. Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) b. Section 404 of the Clean Water Act (33 U.S.C. 1344) 3. 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 interference with any existing or proposed federal projects. 4. 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. c. Damages to persons, property, or 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; and e. Damage claims associated with any future modification, suspension, or revocation of this permit. 5. Reliance on applicant's data. The determination by the Corps that a verification based upon this permit is not contrary to the public interest will be made in reliance on the information provided by the applicant. 6. Re-evaluation of permit decisions. The Corps may reevaluate its decision on this permit at any time the circumstances warrant (33 CFR 325.7(a)). Circumstances that could require a reevaluation include, but are not limited to, the following: a. Failure 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; or c. Significant new information surfaces that the Corps did not consider before verifying that the project is authorized by this permit. Such re-evaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring the permittee to comply with the terms and conditions of the permit and for the initiation of legal action where appropriate. 7. 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 our decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. 8. Renewal of the RGP: This RGP may be reviewed for reissuance prior to its expiration date. Any reissuance will be processed in accordance with 33 CFR 325.2 including a public notice Page 13 of 14 Regional General Permit 12 Aquatic Habitat Improvement for Stream Channels and environmental procedures and documentation required by the national Environmental Policy Act of 1969. This permit becomes effective when the federal official, designated to act for the Sacramento, Albuquerque, and Omaha District Engineers, has signed below. Allan Steinle, Chief DATE Albuquerque District Regulatory Division Page 14 of 14 COMPLIANCE CERTIFICATION Permit File Name: Meadow Creek Ranch Project Action ID: SPK-2017-00295 Nationwide Permit Number: RGP 12 — Aquatic Habitat Improvement for Stream Channels in Colorado Permittee: Meadow Creek LLC Attn: Mr. Mark Magidson 1411 Mockingbird Place Los Angeles, California 90069 County: Garfield Date of Verification: August 14, 2019 Within 30 days after completion of the activity authorized by this permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Sacramento District Colorado West Regulatory Branch 400 Rood Avenue, Room 224 Grand Junction, Colorado 81501 (970) 243-1199 Fax (970) 241-2358 DLL-CESPK-RD-Compliance@usace.army.mil 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 the terms and conditions of the permit your authorization may be suspended, modified, or revoked. If you have any questions about this certification, please contact the U.S. Army Corps of Engineers. ********* I hereby certify that the work authorized by the above -referenced permit, including all the required mitigation, was completed in accordance with the terms and conditions of the permit verification. Permittee Signature Date