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Home My WebLink About1.21 CWA404_Request_RosemanDitchDiversionProjectFloodplain 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.3 CWA 404 Permit Documentation Project 4 (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-Roseman Ditch Diversion Structure Replacement and Ditch Maintenance (Project 4), Garfield County, Colorado Dear U.S. Army Corps of Engineers Project Manager: Wright Water Engineers, Inc. (WWE) is sending you this letter request regarding a planned irrigation diversion structure replacement project in Elk Creek in Garfield County, Colorado (see Figure 1). The planned work (Project) is intended to replace an aging agricultural irrigation ditch point of diversion with a structure that requires minimal maintenance and which allows fish passage up- and downstream through this reach of Elk Creek. The existing diversion structure, which consists of re-purposed concrete, is aging, requires regular maintenance (and associated adverse effects to the creek) and does not facilitate fish movement. The Project includes work on the Roseman Ditch, including minor maintenance grading, installation of a measurement flume, and replacement of existing splitter boxes. 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). 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 AJD for those features. USACE Northwestern Colorado Regulatory Branch June 24, 2024 Page 2 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 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. Dominant vegetation in these areas include willow (Salix spp.), reed canary grass (Phalaris aruninacea), and Baltic rush (Juncus balticus). 3) Roseman Ditch: WWE delineated a reach of the Roseman Ditch beginning at the Roseman Ditch Diversion structure and extending down-ditch (east) roughly 1,625 linear feet. Within WWE’s area of evaluation, Roseman Ditch has an approximate 4 foot-wide OHWM. The ditch appears to have intermittent flows based on the presence of water during WWE’s site visit and the presence of an approximate 2-to-3 foot-wide wetland fringe along the ditch’ OHWM. Roseman Ditch is used to deliver water to downgradient agricultural fields and appears to lack a direct RPW surface connection to a downstream navigable or interstate water. PROJECT IMPACTS TO AQUATIC RESOURCES AND CWA 404 REGULATORY CONSIDERATIONS The Project will include the discharge of fill material within delineated aquatic resources, including likely jurisdictional waters (i.e. Elk Creek). Additionally, minor work in Roseman Ditch is planned, including installation of a measurement flume, the replacement of existing turnouts, and minor grading. Based on the Project design, delineated aquatic resources, knowledge of CWA 404 (including 404(f) exemptions) it appears that: 1) Diversion structure replacement for the Roseman Ditch will include removal of the existing structure, replacement with a new diversion dam that allows up- and downstream fish passage, incorporation of sediment management structures (including upstream rock vane and a sediment sluice), and associated revegetation. The work will occur within the existing general 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). 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. USACE Northwestern Colorado Regulatory Branch June 24, 2024 Page 3 2)Minor grading, installation of a new measurement flume, and replacement of existing turnouts will not result in a loss of potential waters of the U.S. and appear to be exempt maintenance under CWA 404(f). 3)In the event that portions of the planned work on Roseman Ditch are determined to be ineligible for a CWA 404 exemption, the work on the ditch appears to conform to Regional General Permit 5: Discharges in Ditches (RGP 5) without preconstruction notification (PCN). The loss of potential waters of the United States is less than 0.05 acre, well below the thresholds that require PCN under RGP 5. 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. CONCLUSION AND REQUEST FOR USACE CONFIRMATION Based on WWE’s analysis, the Project includes impacts to aquatic resources that are exempt from CWA 404 authorization requirements. In the event that some portion of the work in Roseman Ditch is determined to be ineligible for a CWA 404 exemption, the proposed impacts to aquatic resources are eligible for CWA 404 authorization under RGP 5 without PCN. Thank you for your review of this submitted information. If your office agrees with WWE’s assessment of the Project’s impacts to aquatic resources being exempt from CWA 404 authorization requirements (or 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), USACE Northwestern Colorado Regulatory Branch June 24, 2024 Page 4 \\WWE-GWS\project files\WWE\211-020\020\Engr\404_and_ESA\USACE_Submittals_2024_February\Project_4\CWA404_Request_RosemanDitchDiversionProject 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 ---- GNO1 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 811 CALL COLORADO NO.BY DATE COMMENTS SCALE DETAIL CHECK DESIGN Pl o t D a t e / T i m e : 0 4 / 1 2 / 2 0 2 4 , 0 2 : 0 9 : 2 6 P M ; G : \ W W E \ 2 1 1 - 0 2 0 \ 0 2 0 \ C A D \ 0 2 _ D W G S \ G N X X - C O V E R A N D N O T E S . D W G - G N 0 1 P R O J 4 C O V E R S H E E T 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 GARFIELD COUNTY, COLORADO MIDDLE COLORADO AG COLLABORATIVE ROSEMAN DIVERSION (PROJECT 4) SHEET INDEX VICINITY MAP CONTACTS PROJECT LOCATION COUNTY ROAD 245 ELK CREEK NORTH 1000 2000 FT10000 MAP SOURCE: GOOGLE EARTH SHEET NUMBER SHEET TITLE GNO1 COVER SHEET GN02 GENERAL NOTES OV01 OVERALL PLAN SW01 STORMWATER MANAGEMENT PLAN SW02 STORMWATER MANAGEMENT PLAN DM01 DEMOLITION PLAN SV01 ROSEMAN DIVERSION SURVEY SV02 THOMPKINS DITCH SURVEY HZ01 HORIZONTAL CONTROL PLAN PP01 FISH PASSAGE PLAN & PROFILE PP02 DIVERSION PLAN & PROFILE PP03 RETURN FLOW PLAN & PROFILE PP04 OVERFLOW CHANNEL PLAN & PROFILE XS01 SECTIONS XS02 SECTIONS XS03 SECTIONS XS04 SECTIONS XS05 SECTIONS TS01 TYPICAL SECTIONS TD01 THOMPKINS DITCH TURNOUTS TE01 OVERALL TELEMETRY PLAN DT01 ROCK VANE DETAILS DT02 TYPICAL DETAILS DT03 TYPICAL DETAILS DT04 TYPICAL DETAILS DT05 TYPICAL DETAILS DT06 TYPICAL DETAILS DT06 SWMP DETAILS DT07 SWMP DETAILS DT08 SWMP DETAILS S-02 STRUCTURAL DETAILS S-03 STRUCTURAL DETAILS S-06 WALL SECTION S-07 CHANNEL SECTION S-09 CONCRETE DETAILS S-10 TRASHRACK DETAILS S-11 TRASHRACK DETAILS ROSEMAN DIVERSION 1.THE GOAL OF THIS PROJECT IS TO REMOVE IN-STREAM BARRIERS TO FISH PASSAGE BY UPGRADING AND REPLACING THE DIVERSION STRUCTURE. THE APPLICANT BELIEVES THAT 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 NEW CASTLE I-70 I-70 PROJECT LOCATION C R 2 4 5 CR 2 4 3 CR 2 4 1 x x ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ w w w w w w w w w w w w w w BOULDER (TYP.) STREAM SUBSTRATE (D50 = 18"), 3' THICK PROTECT EXISTING 48-INCH CONCRETE FLUME IN PLACE AND ADD FLOW MEASUREMENT TELEMETRY REVEGETATION: WILLOW STAKES PROPOSED ADDITIONS TO CONCRETE STRUCTURE, SEE SHEET XS01 FL O W E L K C R E E K EL K C R E E K RAISE EXISTING CONCRETE WALL BY 2-FEET, SEE SHEET XS02 F L O W DIVERSION DAM SHEET PILE WITH CONCRETE CAP OVERFLOW CHANNEL, SEE SHEETS PP04 & TS01 ROCK VANE (TYP.), SEE SHEET DT01 EXISTING DIVERSION DAM (UPSIDE DOWN BRIDGE DECK) STRUCTURE TO BE REMOVED, SEE SHEET DM01 PROPOSED STREAM THALWEG DAVIT CRANE PAD REVEGETATION: UPLAND SEED GRATE INSTALL RAILING, SEE SHEET XS01 5 7 0 5 5 7 1 0 5 7 1 5 5 7 2 0 57 2 5 5 7 0 0 5 7 0 5 5 7 1 0 57 1 5 5710 5715 5720 5725 573 0 5 6 9 5 5 6 9 5 5 6 9 5 5 6 9 0 5 6 9 0 5 6 9 5 56 9 0 5 6 9 0 5 6 9 5 5 6 9 5 5 7 0 0 56 9 5 570 0 569 5 5695 5695 5690 5 6 9 0 56 9 0 5 6 9 0 5 6 9 0 5695 VOID-FILLED RIPRAP (D50 = 18"), 3' THICK VOID-FILLED RIPRAP (D50 = 18"), 3' THICK VOID-FILLED RIPRAP (D50 = 18"), 3' THICK PROPOSED MAINTENANCE ACCESS 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 811 CALL COLORADO NO.BY DATE COMMENTS SCALE DETAIL CHECK DESIGN Pl o t D a t e / T i m e : 0 4 / 1 2 / 2 0 2 4 , 0 2 : 1 3 : 1 6 P M ; G : \ W W E \ 2 1 1 - 0 2 0 \ 0 2 0 \ C A D \ 0 2 _ D W G S \ O V X X - P R O J E C T O V E R A L L P L A N S . D W G - O V 0 4 - P R O J 4 O V E R A L L 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 20 40 FT200 OVERALL PLAN ROSEMAN DIVERSION NORTH 0 500 1000 FT500 INSET PLAN DIVERSION STRUCTURE AND FISH PASSAGE WORK, THIS SHEET THOMPKINS DITCH WORK, SEE SHEET TD01 DENVER 2490 W. 26th Avenue Suite 100A Denver, Colorado 80211 Phone: 303.480.1700 Fax: 303.480.1020 GLENWOOD SPRINGS 818 Colorado Avenue P.O. Box 219 Glenwood Springs, Colorado 81602 Phone: 970.945.7755 Fax: 970.945.9210 DURANGO 1666 N. Main Avenue Suite C Durango, Colorado 81301 Phone: 970.259.7411 Fax: 970.259.8758 www.wrightwater.com Wright Water Engineers, Inc.