HomeMy WebLinkAbout1.20 CWA404_Request_RydenNo2_and_BensonPiersonNelson_DiversionsFloodplain Development Report for
Middle Colorado Agriculture Collaborative Fish Passage Design in New Castle, Colorado
211-020.020 Wright Water Engineers, Inc. Attachments
July 2024
E.2 CWA 404 Permit Documentation Project 2
(WWE has not yet received cultural survey from the BoR or approval from the USACE. When
cultural survey documentation and approval documentation arrives, WWE will submit the
documentation to Garfield County)
DENVER DURANGO
(303) 480-1700 TEL (303) 480-1020 FAX (970) 259-7411 TEL (970) 259-8758 FAX
Wright Water Engineers, Inc.
818 Colorado Ave., Ste. 307 www.wrightwater.com
Glenwood Springs, CO 81601 ngreenberg@wrightwater.com
(970) 945-7755 TEL
(970) 945-9210 FAX
June 24, 2024
Via Email: SPA-RD-CO@usace.army.mil
U.S. Army Corps of Engineers, Northwestern Colorado Branch
Re: Clean Water Act Section 404 Request-Removal of Benson Pierson Nelson Ditch Diversion
Structure, Replacement of Existing Ryden No. 2 Ditch Diversion Structure, and Associated Ditch
Reconfiguration (Project 2), Garfield County, Colorado
Dear U.S. Army Corps of Engineers Project Manager:
Wright Water Engineers, Inc. (WWE) is sending you this letter request regarding planned
irrigation diversion structure and ditch work in the Elk Creek drainage basin in Garfield County,
Colorado (see Figure 1). The planned work (Project) is intended to replace two agricultural
irrigation points of diversion with a single diversion structure that requires minimal maintenance
and which allows fish passage up- and downstream through this reach of Elk Creek. The existing
diversion structures are aging, require regular maintenance (and associated adverse effects to the
creek) and do not facilitate fish movement. To allow the removal and abandonment of the Benson
Pierson Nelson Ditch diversion structure without losing the ability to deliver water to that ditch,
the Project includes conversion of roughly 1,925 feet of non-wetland open ditch (with a
corresponding area of less than 0.15 acre) to a piped ditch and construction of a splitter and pipe
from the Ryden No. 2 Ditch that would convey flows to the Benson Pierson Nelson Ditch. Project
design drawings are attached to this letter.
AQUATIC RESOURCES AT PROJECT SITE
Methods
WWE delineated aquatic resources at the Project location on October 10 and 11, 2023 and May
20, 2024. Wetlands were delineated using the methodology provided by the United States Army
Corps of Engineers (USACE) in the 1987 Corps of Engineers Wetland Delineation Manual
(Manual) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual:
Western Mountains, Valleys, and Coast Region (Regional Supplement). Aquatic resources were
located and mapped using a sub-meter accurate global positioning system (GPS). Wetland
determination data points were located within and outside unique wetland areas. These data are
available upon your request or for inclusion in future submittals to your office (either Approved
Jurisdictional Determination [AJD] requests or Preconstruction Notification [PCN]). Non-wetland
water ordinary high water marks (OHWM) were mapped using A Guide to the Ordinary High
Water Mark (OHWM) Delineation for Non-Perennial Streams in the Western Mountains, Valleys,
and Coat Region of the United States (OHWM Manual) and USACE Regulatory Guidance Letter
No. 05-05 titled Ordinary High Water Mark Identification (RGL 05-05).
USACE Northwestern Colorado Regulatory Branch
June 24, 2024
Page 2
Please note that for the purposes of Clean Water Act Section 404 authorization, WWE considers
all delineated aquatic resources as waters of the United States until USACE has issued an
Approved Jurisdictional Determination (AJD) for those features.
Results
The results of WWE’s aquatic resources delineation are depicted in Figure 2, which includes
representative photographs. The delineated aquatic resources are summarized as follows:
1) Elk Creek: Elk Creek is a perennial tributary of the Colorado River. At the Project site, the
river’s OHWM is roughly 30-to-40-feet wide.
2) Elk Creek Floodplain Wetlands: WWE delineated floodplain wetlands that have a direct
surface connection with Elk Creek and which appear to have hydrology driven by naturally
high groundwater and periodic flooding. There is a significant wetland bench along the
east side of the creek in the vicinity of the Ryden No. 2 Ditch diversion structure. There
are minimal fringe wetlands along the creek in the vicinity of the Benson Pierson Nelson
Ditch diversion structure. Dominant vegetation in these areas include willow (Salix spp.),
redtop (Agrostis gigantea), and red osier dogwood (Cornus sericea).
3) Ryden No. 2 Ditch: WWE delineated a reach of the Ryden No. 2 Ditch in the vicinity of
the planned conversion to a pipeline and splitter box. The ditch appears to have only
ephemeral flows based on the lack of hydrophytic vegetation and hydric soils within the
ditch.
4) Benson Pierson Nelson Ditch: WWE delineated a reach of the Benson Pierson Nelson
Ditch in the vicinity of the planned outfall for diverted flows from the Ryden No. 2 Ditch.
The ditch appears to have intermittent flows based on the presence of hydrophytic
vegetation and hydric soils within and surrounding the ditch. Additionally, WWE
delineated wetland areas in the immediate vicinity of the ditch. These wetlands are
irrigation dependent and in WWE’s opinion, would revert to upland if flows in the ditch
were terminated.
PROJECT IMPACTS TO AQUATIC RESOURCES AND CWA 404 REGULATORY
CONSIDERATIONS
The Project will include the discharge of fill material within delineated aquatic resources,
including Elk Creek and the Ryden No. 2 Ditch and the Benson Pierson Nelson Ditch. As stated
above, in lieu of a USACE AJD, WWE considers all aquatic resources as waters of the United
States for the purposes of CWA 404 compliance. Based on the Project design, delineated aquatic
resources, knowledge of CWA 404 (including 404f exemptions and Regional General Permit 5
[RGP 5]) it appears that:
USACE Northwestern Colorado Regulatory Branch
June 24, 2024
Page 3
1)Diversion structure replacement for the Ryden No. 2 Ditch will occur within the existing
structure footprint, does not appear to be subject to the Recapture Provision 1, and appears
to be eligible for an agricultural exemption under CWA 404(f). There will be no permanent
losses of waters of the United States associated with this action and there will be a net-
benefit to aquatic resources achieved as a result of the decreased maintenance needs and
incorporation of fish passage into the new structure.
2)Removal of the Benson Pierson Nelson Diversion also appears to be eligible for an
agricultural exemption as the activity will remove an existing diversion structure and
restore the channel consistent with up- and downstream ecological conditions. There will
be no permanent loss of waters of the United States at this location and the project will
result in a net-increase in aquatic resource function (e.g., creating in-stream habitat where
a cross-channel diversion structure is presently located).
3)A roughly 1,925 foot long reach of the Ryden No. 2 Ditch will be impacted with the
conversion from open ditch to piped ditch and installation of a flow splitter that will direct
flows, in a new pipeline, to the Benson Pierson Nelson Ditch. The total area of non-wetland
ditch that will be lost as a result of this conversion is less than 0.15 acre.
Less than 0.05 acre of the Benson Pierson Nelson Ditch (including associated wetlands)
will be impacted as a result of the installation of an engineered flow outfall energy
dissipator.
In lieu of a USACE AJD for the ditches, the conversion to a piped feature, installation of
the flow splitter, and installation of the energy dissipater result in a total loss of potential
waters of the United States that is less than the thresholds for preconstruction notification
(PCN) requirements under RGP 5 2.
The Bureau of Reclamation (BoR) is funding the Project and is functioning as the lead
federal agency for National Environmental Policy Act (NEPA) review. BoR’s NEPA
review of the Project included inventory and consultation as required under Section 106 of
the National Historic Preservation Act (Section 106) and Section 7 of the Endangered
Species Act (Section 7). Documentation of BoR’s compliance with Sections 106 and
Section 7 is attached for USACE’s review. Based on the BoR’s role as the lead federal
agency for NEPA review and the attached documentation of its compliance with Sections
106 and 7, RGP 5 PCN requirements associated with Sections 106 and 7 do not apply to
the Project.
1 Although the Recapture Provision application is somewhat variable between USACE offices, replacement projects
which remain within the footprint of the existing structure are generally not susceptible for being recaptured as CWA
404 regulated activities.
2 Under RGP 5, PCN is not required for projects resulting in the loss of less than 0.1 acre jurisdictional wetland or less
than 1 acre of non-wetland waters.
USACE Northwestern Colorado Regulatory Branch
June 24, 2024
Page 4
CONCLUSION AND REQUEST FOR USACE CONFIRMATION
Based on WWE’s analysis, the Project consists of:
1)CWA 404f exempt activities (replacement of Ryden No. 2 Diversion and removal of
Benson Pierson Nelson Diversion); and
2)CWA 404 RGP 5 authorized activities, including the conversion of less than 0.15 acre of
non-wetland open ditch to a piped conveyance and installation of an energy dissipator in a
ditch with less than 0.05 acre loss of wetlands. Because BoR is serving as the lead federal
agency and has satisfied obligations under Sections 106 and 7, and the losses of aquatic
resources are significantly below the PCN thresholds which apply to RGP 5, the non-
exempt portions of the Project appear to be authorized under RGP 5 without notification.
Thank you for your review of this submitted information. If your office agrees with WWE’s
assessment of the Project’s CWA 404 regulated impacts being authorized under RGP 5 without
PCN, we would appreciate your written letter of concurrence. If additional information is
needed, please contact me at (303) 480-1700 or ngreenberg@wrightwater.com.
Sincerely,
WRIGHT WATER ENGINEERS, INC.
By ______________________________
Noah Greenberg, PWS
Senior Water Resources Scientist
Attachments: Figures 1 and 2, Select Construction Drawings
cc: Scott Schreiber, P.E. (WWE),
\\WWE-GWS\project files\WWE\211-020\020\Engr\404_and_ESA\USACE_Submittals_2024_February\Project_2\CWA404_Request_RydenNo2_and_BensonPiersonNelson_Diversions_
PROJECT COORDINATOR:
TROUT UNLIMITED
115 NORTH 5TH STREET
GRAND JUNCTION, CO 81501
ENGINEER:
WRIGHT WATER ENGINEERS, INC.
818 COLORADO AVENUE
SUITE 307
GLENWOOD SPRINGS, CO 81601
SURVEYOR:
BOOKCLIFF SURVEY SERVICES, INC.
163 EAST 3RD STREET
RIFLE, CO 81650
STRUCTURAL ENGINEER:
GEI CONSULTANTS
2750 S. WADSWORTH BLVD
SUITE D-200
DENVER, CO 80227
FISHERIES BIOLOGIST:
GEI CONSULTANTS
2750 S. WADSWORTH BLVD
SUITE D-200
DENVER, CO 80227
TELEMETRY CONSULTANT:
HYDROLOGIK, LLC
10790 W. 50TH AVENUE
UNIT 700
WHEAT RIDGE, CO 80033
CONTACT: RICHARD VAN GYTENBEEK
307-690-1267
CONTACT: SCOTT SCHREIBER, P.E., CFM
970-945-7755 (OFFICE)
423-943-7500 (CELL)
CONTACT: WAYNE KIRKPATRICK
970-625-1330 (OFFICE)
CONTACT: MARGARET PROVENCHER, P.E.
303-264-1038 (OFFICE)
970-895-7692 (CELL)
CONTACT: ASHLEY FICKE, PHD
303-625-9502 (OFFICE)
970-290-4374 (CELL)
CONTACT: BRUCE BACON
720-799-2828 (OFFICE)
720-480-6639 (CELL)
COVER SHEET
211-020.020
----
GN01
GARFIELD COUNTY, COLORADO
MIDDLE COLORADO AG COLLABORATIVECOMBINE RYDEN NO. 2 AND BENSON PIERSON NELSON DIVERSIONS(PROJECT 2)
JBH/DTL
JBH/DTL
SDS
4/12/2024
SHOWN
MEMBER UTILITIES
FOR THE MARKING OF UNDERGROUND
BEFORE YOU DIG, GRADE, OR EXCAVATE
CALL 3-BUSINESS DAYS IN ADVANCE
CENTER OF COLORADO
OR CALL UTILITY NOTIFICATION
1-800-922-1987
811CALL COLORADO
NO. BY DATE COMMENTS
SCALE
DETAIL
CHECK
DESIGN
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SHEET NO.
JOB NO.
REVISION NO.
DATE
DESCRIPTIONWRIGHT WATER ENGINEERS, INC.
GLENWOOD SPRINGS, CO 81602
(970)945-7755 FAX(970)945-9210
818 COLORADO AVE. P.O. BOX 219
DRAFT
NOT FOR
CONSTRUCTION
BID SET
4/12/2024
4/12/2024
VICINITY MAP
PROJECT
LOCATION
COUNTY ROAD 243
ELK CREEK
NORTH
1000 2000 FT10000
MAP SOURCE: GOOGLE EARTH
SHEET
NUMBER SHEET TITLE
GN01 COVER SHEET
GN02 GENERAL NOTES
OV01 OVERALL PLAN
DM01 BENSON PIERSON NELSON DITCH ABANDONMENT
HZ01 HORIZONTAL CONTROL PLAN
HZ02 HORIZONTAL CONTROL PLAN
PP01 FISH PASSAGE PLAN & PROFILE
PP02 DIVERSION AND RETURN FLOW PLAN & PROFILE
PP03 RYDEN NO. 2 DITCH PLAN AND PROFILE
PP04 RYDEN NO. 2 DITCH PLAN AND PROFILE
PP05 RYDEN NO. 2 DITCH PLAN AND PROFILE
PP06 BENSON PIERSON NELSON DITCH PLAN AND PROFILE
PP07 BENSON PIERSON NELSON DITCH PLAN AND PROFILE
XS01 SECTIONS
XS02 SECTIONS
TS01 TYPICAL SECTIONS
TS02 TYPICAL SECTIONS
DT01 PROJECT PERSPECTIVE DETAILS
DT02 TYPICAL DETAILS
TE01 OVERALL TELEMETRY PLAN
COMBINE RYDEN NO. 2 AND BENSON
PIERSON NELSON DIVERSIONS
SHEET INDEX
CONTACTS1. THE GOAL OF THIS PROJECT IS TO REMOVE IN-STREAM BARRIERS TO FISH PASSAGE BY
UPGRADING THE DIVERSION STRUCTURE. THIS PROJECT COMPLEMENTS AND FURTHERS THE
OBJECTIVES, GOALS, AND ACTIONS IDENTIFIED IN THE COLORADO WATER PLAN, AS WELL AS
THE THEMES, GOALS, AND STRATEGIES RECENTLY STATED IN THE COLORADO BASIN
ROUNDTABLE'S UPDATED BASIN IMPLEMENTATION PLAN.
2. DIVERSION INFRASTRUCTURE UPGRADES INCLUDE BUT ARE NOT LIMITED TO MODIFICATIONS
TO THE DIVERSION CREST ELEVATION, CONCRETE DIVERSION STRUCTURE, TRASH RACKS,
FISH SCREEN, HEADGATES, AUTOMATION, TELEMETRY, FLOW MEASUREMENT, DITCH
ENHANCEMENTS AND DITCH SPLITTER STRUCTURE.
3. FISH PASSAGE IS ENHANCED VIA MINOR ADJUSTMENTS TO THE EXISTING STREAMBED AND
DIVERSION DAM CREST. INSTREAM WORK IS DESIGNED TO CAUSE MINIMAL DISTURBANCE TO
THE EXISTING CONDITIONS AND IS LIMITED TO IMPROVEMENTS TO THE DIVERSION CREST
AND FORMALIZING THE OFFLINE DIVERSION CHANNEL.
4. THE CONTRACTOR SHALL ASSUME SOME FIELD FITTING WILL BE REQUIRED IN COORDINATION
WITH THE ENGINEER TO PROVIDE A SUCCESSFUL PROJECT. MOST FIELD FITTING WILL BE
ASSOCIATED WITH THE FISH PASSAGE ELEMENTS.
5. THIS PROJECT CAN BE CONSTRUCTED INDIVIDUALLY OR BE LUMPED TOGETHER WITH THE
OTHER MIDDLE COLORADO AGRICULTURE COLLABORATIVE (MCAC) PROJECTS.
6. THE PROJECT WILL BE CONSTRUCTED DURING THE NON-IRRIGATION SEASON.
PROJECT DESCRIPTION
LOCATION MAP
NORTH
5000 10000 FT50000
MAP SOURCE: GOOGLE EARTH
PROJECT
LOCATION
NEW CASTLE
1-70
1-70
CR
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OFFLINE DIVERSION
CHANNEL TO HEADGATE
DEBRIS DEFLECTOR
BOULDERS,
SEE SHEET DT02
STREAM SUBSTRATE (D50 = 18")
BOULDERS
SEE SHEET DT02
CONCRETE WALL
EXISTING 24-INCH CMP
TO BE REMOVED
REMOVABLE TRASH RACK
AND FISH SCREEN
FLOW
EL
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ELK CREEK
FL
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CO
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REMOVE PILE OF ROCKS
IN COORDINATION WITH
ENGINEER
CONCRETE DIVERSION
STRUCTURE
RYDEN NO. 2 - FISH PASSAGE,
SEE SHEET PP01
RYDEN NO. 2 - DIVERSION,
SEE SHEET PP02
RYDEN NO. 2 - SEDIMENT SLUICE,
SEE SHEET PP02
MAINTAIN EXISTING ACCESS
AREA FOR PROPOSED
DIVERSION STRUCTURE
30" HDPE PIPE
REVEGETATION:
WILLOW STAKES
REVEGETATION:
UPLAND SEED
APPROXIMATE
LOCATION OF SPOT
TREATMENT BOULDERS,
SEE SHEET DT01
CONTRACTOR TO COORDINATE
WITH ENGINEER ON
RESTORATION OF AREA
DEPENDING ON CONTRACTOR
MEANS AND METHODS FOR
CONSTRUCTION
REVEGETATION:
WILLOW STAKES
REVEGETATION:
UPLAND SEED
5
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5910
COORDINATE WITH ENGINEER TO PRESERVE
AND/OR CREATE BACKWATER HABITAT
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EL
K
C
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E
K
30-INCH
HDPE PIPE
24-INCH PARSHALL FLUME
CONCRETE FLOW
SPLITTER STRUCTURE
DAYLIGHT TO
EXISTING DITCH
BENSON PIERSON
NELSON DITCH
EXISTING
PIPELINE TO
REMAIN IN PLACE
EXISTING BENSON PIERSON NELSON
DIVERSION TO BE ABANDONED,
SEE SHEET DM01
RYDEN NO. 2 DITCH
LOCATION OF PROPOSED COMBINED DIVERSION
(RYDEN NO. 2 POINT OF DIVERSION)
PROPOSED PROJECT DESIGNED
UNDER SEPARATE COVER, SEE
COMBINE RYDEN NO. 1 AND CO & CP
PIERSON DIVERSIONS PLAN SET
30" HDPE PIPE
24-INCH PARSHALL FLUME
SEDIMENTATION BASIN
EXISTING 24-INCH CMP CULVERT
BENEATH CR243 TO BE REMOVED
AND REPLACED WITH 30-INCH HDPE
30" HDPE PIPE
24-INCH PARSHALL FLUME
DRAINAGE CROSSING 1,
SEE SHEET PP08
CO
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2
4
3
DRAINAGE CROSSING 2,
SEE SHEET PP09
DRAINAGE CROSSING 3,
SEE SHEET PP10
RYDEN NO. 2 DITCH 30-INCH HDPE
INSTALLED
ACROSS CR243
JBH/DTL
JBH/DTL
SDS
4/12/2024
SHOWN
MEMBER UTILITIES
FOR THE MARKING OF UNDERGROUND
BEFORE YOU DIG, GRADE, OR EXCAVATE
CALL 3-BUSINESS DAYS IN ADVANCE
CENTER OF COLORADO
OR CALL UTILITY NOTIFICATION
1-800-922-1987
811CALL COLORADO
NO. BY DATE COMMENTS
SCALE
DETAIL
CHECK
DESIGN
Pl
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SHEET NO.
JOB NO.
REVISION NO.
DATE
DESCRIPTIONWRIGHT WATER ENGINEERS, INC.
GLENWOOD SPRINGS, CO 81602
(970)945-7755 FAX(970)945-9210
818 COLORADO AVE. P.O. BOX 219
DRAFT
NOT FOR
CONSTRUCTION
BID SET
4/12/2024
4/12/2024
OVERALL PLAN
211-020.020
----
OV01
NORTH
10 10 20 FT0
DETAILED PLAN
NORTH
200 400 FT2000
OVERALL PLAN
COMBINE RYDEN NO. 2 AND BENSON
PIERSON NELSON DIVERSIONS