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HomeMy WebLinkAboutSubmittal DocumentsLIC. Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Propey Owner ("APPLICANT") NkPtl .) L ( Pre\ LN 4 L C. agree as follows: 1. The Applicant has submitted to the County an application for the following Project: ash ElV. RFW\C-# LLC. g)e1)0. F'gi?IL-bct-1. $S1S 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs Involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. 1 hereby agree to pay all fees related to this application: Billing Contact Person: STi: g n i\AA— i?\.% Phone: (Fla) y5 7-Dso 2r_ Billing Contact Address: 3 75-3 z De -4 V Pro .y CA ulQI- City: C\ ► n'rc v1 Taw's 141 State: AA- Zip Code: fib 3 Co Billing Contact Email: S ihpvnc-A'^ t C- 'n'v%} el • Lt. vv.\ Printed Name of Pe ; n Authorized to Sign: S'( -E -V a~ h ci (N. laf 3O/ 2 (Signature) (Date) STATEMENT OF AUTHORITY (' 38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named MAIN ELK CREEK RANCH LLC. The type of entity is a: G corporation G registered limited Iiability partnership G nonprofit corporation G registered limited liability limited partnership 0 limited liability company G limited partnership association G general partnership G government or governmental subdivision or agency G Iimited partnership G 2. The entity is formed under the laws of Colorado. 3. The mailing address for the entity is: 3132 Main Elk Creep New Castle, CO 81647. 4. The names and positions of each person authorized to execute instruments acquiring, conveying, encumbering or otherwise affecting title to real property on behalf ofthe entity are: Steven M Mancini, Manager. 5. The authority of the foregoing person(s) to bind the entity is not limited. 6. Other matters concerning the manner in which the entity deals with interests in the real property is limited as provided in the Operating Agreement. Majority approval ofthe Class A Members is required to authorize disposition or encumbrance of all or substantially all of the Company's assets. 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of ' 38-30- 172, C.R.S. Executed this 1 i day of October, 2016. MAIN ELK CREEK RANCH, LLC, a Colorado's d liability company : S en M. Mancini, Manager STATE OF MICHIGAN COUNTY OF e(14 4a "-e ) ss. ) The foregoing instrument was acknowledged before me this t 6 day of October, 2016, by StevenM. Mancini, Manager of MAIN ELK CREEK RANCH, LLC, a Colorado limited liability company. Witness my hand and official seal: My commission expires: G /if k d g Notary Pub, MARY K WALOROP NOTARY PUBLIC, STATE OF MI COUNTY OF LAPEER MY COMMISSION EXPIRERJun 11 2018 AC11NGINCOUIt1YOF /LIR/- 4.c+"$ Letter of Authorization October 30, 2017 Garfield County Community Development Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Attention: Glenn Hartmann RE: Completeness Review for Flood Plain Development Permit Main Elk Creek Ranch LLC File No. FDPA-09-17-8575 Dear Mr. Hartmann, I am authorizing Claffey Ecological Consulting and Colorado River Engineering as the primary contact for the county on the above referenced permit. Please feel free to contact me at (810) 459-0502 if you have any further questions or concerns. Manager Main Elk Creek Ranch, LLC COLORADO RIVER ENGINEERING E%C HPnI{A'r f:U June 5, 2019 Mr. Andy Schwaller Building and Planning, Garfield County 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 Colorado River Engineering 136 East 3`d Street Rifle, CO 81650 RE: Grading Permit Request — Main Elk Creek Ranch (MECR) — Stream Restoration & Stabilization Project. 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 Creek within the boundaries of Main Elk Creek Ranch (PIN: 212502100188, 212502400002, and 212501200100). 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-09-17-8575), both of which are attached. While these permits were issued last year, the work had been delayed; however, work will be completed this summer. 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 sloped back; 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 area to be revegetated for coir banks, cobble toe placement, riparian banks totals 0.14 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 and typical cross sections 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 overgrazing and 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 2019-06-05 GarCO Grading Permit Leti.— COLORADO R>WE EN6INEERING ENC HPf1H A TCO Colorado River Engineering 136 East 3rd Street Rifle, CO 81650 flows away from the bank. These dams can then be moved downstream where needed and incorporated into the next feature after bank restoration work is completed. Soils Report A soils report is attached. 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 more than a few minutes. 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 by per Exhibit A of the Floodplain Development Permit. 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 lbs per acre —seed raked into soil, and lightly tracked packed with equipment and placed in upper coir lifts) 2019-06-05 GarCO Grading Permit Letter 2 of 3 CoLORMO RIVE ENGINEERING 1Tl 0111'UIS ATI.0 Lower streambanks — lateral bar edges Streambank wheatgrass (Elymus lanceolatus) SODAR 25% Western wheatgrass (Pascopyrum smithii) Arriba 25% Fowl bluegrass (Poo palustris) 25% Sloughgrass (Beckmannia syzigachne) 25% Colorado River Engineering 136 East 3rd Street Rifle, CO 81650 Rate 25 pounds per acre placed in lower coir lifts, seeded on lateral bar edges 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: Mt Brome (Bromus marginatus) 45% Slender Wheatgrass (Elymus trachycaulus) 45% Western Wheatgras (Pascopyrum smithii) 10% Planting Schedule Planting of the disturbed areas will take place after the restoration work has completed. 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). A fill volume/area table is attached for the restoration work. The revegetation area estimate includes: coir fabric fill, riparian bank construction and cobble toe placement. Revegetation work totals 0.14 acres for a total cost estimate of $350. If you have any questions, please do not hesitate to call our office at 970-625-4933. Sincerely, all'446h Wendy Ryan 2019-06-05 GarCO Grading Permit Letter Christopher Manera, P.E QQ� Legend �'5f33 N Clea] 21 i SECTIONS g�0 UpstreamIimit 0a f c 1';, rayO _ _i � _ TOWNSHIPS giSW / //:_i Main Elk Ranch �° G� Ii-11 SI ` - ` o O �S / Parcels120616 j 4 4] CITIES Downstream_Iimit ° //� 4 LAKES '+{-' r.- 1� 2. WW1. MAJOR RIVERS —_;moi j _�� I, STREAMSii. 4'41.• // �+ IV L Ever 9 n0 nn 7 .,_� 9 n0 nn i �� l r l - - 1 ;,i.;.. 7-. = - -- _,y d---_,.SL,. sy alg vi , - .. irk, 1 1 JT aql lig 201 111: P-511 22 25 "' 28111'it ` 27,E - ^2'',; `'` �� .11001',/ ' o �°�' 228 27 26 , , I�iIwE - 31 II i ..12 r VAPRDh. CJ2v�/ ` . , r tet _ ..- r•,.� til. "`. o > �,,•X34 1:. c �, s, s` �--:".;ti34 36 �' COLORAIt t R ,� New Castle -- g ,. •. Y{ + a ti I�I" ; ali 3ti3 ► .' ,. F '` ` Ell 1 GI 103 mark Sourcce_. Esti, Dia ital'iobe GeoE it, Colorado River e Earthstar - o o r o i3 a �N• -. _ MIE o Dia USDA, AeroGRlrp15kil! arrad t ni- allg Comm We N W��—E V.e. 0 0.4 0.8 1.6 2.4 / _. COLORADO ����E� Po Box 1301 Rifle, CO 81650 Main Elk Ranch Restoration Vicinity Map Figure: / Miles E N s I N$ E iZ I N H Tel 970-625-4933 Document Name: Vicinity Map2.mxd Client: S / ��,.na rorcRrs. hawnbY pprove WAR �A dby: CM Date: 6/4/2019 Main Elk Ranch Legend �\ �. �� t _rrG f,'-.• • T �� ',t Main Elk Ranch ZURCHER, ` r" `� � r1 ANTONIA . i SECTIONS O TOWNSHIPS �`� HIGHWAYS Parcels050119 ' �+� ' , s\ BUREAU OF RAND , _ 3�� _ ~� �4` \ t, MANAGEMENT —'--- ----i ) y y .�" ...-' y \c� •. • *•QQnZmI 35 • _ G r 311 —.. J��, BUREAU "� ' � OF LAND 36!-_\� SEAVER, MANAGEMENT ..�1=�. ALAN F� , . - `a� �l'+�i HARRIS .,��.INTERSTATES �'���, YMARv wDA - �, DOOLEN, ^� _n, � ~ _ #1111 /' p Upstream lm t - , / e 1, ll •1 • �LELOTCHILDREN'S } N. ' V • - l ‘••• ,•�►�. ` J' "NA,' �~ GILDA MANCINI - / '' \ UST AGREEMENT" '/ '' ELK REEKS \1 7 NCH LLC 1.... •.• ` --``�� _.1 y j • �- �\ '�� ^ , •: .. , ', ' r. -,14 /".- X') N.. \ N..', ti '°' Downstream limit kiir' 4"....41S6 1. \ .,,-, ,rte—�� / ...,.... ) N.% ..( ----N.� f BUREAU , \ ..*%•., �✓ OF LAND ./►� \ .rt j j♦ • E� DOW . _t o-' _ .i��, ,/ / �� , - MANAGEME •► .-. •-'l`, . s, Source. US �.�._ ((( r'+ a/t. .. Na4lonabP.r `•' :.Servlce Copyrig3 National Geographlc.SOClety ~ i-cubed 1 N W���E w<,.....- -...-:=-E COLORADO PO Box 1301 Rifle, CO 81650 Main Elk Ranch Restoration General Site Plan Figure 0 0.075 0.15 0.3 0.45 J2 ITER Miles E R&, N$ R 1 N H Tel 970-625-4933 Document Name: Vicinity Map2.mxd Client: s Rr., pawn by: WAR Approved by: CM Date: 6/5/2019 Main Elk Ranch MAIN ELK CREEK RANCH ESTIMATED FILL VOLUMES/AREAS Pool Excavation & Lower Lateral Bar Excavated Volume - Yds. Area - Sq. Ft. Area - Acres Lateral Bar Construction Volume Placed Yds. Area - Sq. Ft. Area - Acres Place Cobble in Riffle Volume Placed Yds Area - Sq. Ft. Area - Acres 1261.11 21555.00 0.49 332.04 6285.00 0.14 366.41 13800.00 0.32 Coir Fabric Banks & Riparin Bench Volume Placed - Yds Area - Sq. Ft. Area - Acres 435.19 5200.00 0.12 Bank Repair - Cobble Toe Placement Cobble Toe Volume - Yds 75.93 Cobble Toe Area - Sq. Ft. 1025.00 Cobble Toe Area - Acres 0.02 TOTAL FILL VOLUME -YDS. TOTAL FILL AREA -SQ. FT. TOTAL FILL AREA -ACRES 1209.56 26310.00 0.60 Garfield County Floodplain Development Permit LAND USE CHANGE PERMIT for DEVELOPMENT WITHIN AND ADJACENT TO MAIN ELK CREEK ASSOCATED WITH PROPERTY OWNED BY MAIN ELK RANCH LLC, LOCATED IN PORTIONS OF SECTIONS 1 AND 2, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M. AND SECTIONS 35 AND 36, TOWNSHIP 4 SOUTH, RANGE 91 WEST OF THE 6TH P.M. AND MORE FULLY DESCRIBED IN A SPECIAL WARRANTY DEED RECORDED AT RECEPTION NUMBER 883687 WITH THE GARFIELD COUNTY CLERK AND RECORDER PARCEL NOS. 2125-024-00-002, 2125-021-00-188 and 2125-021-00-100 File No. FDPA-09-17-8575 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 TO RESTORE THE CREEK CHANNEL TO A NATURAL CONDITION AND IMPROVE AQUATIC AND RIPARIAN HABITATS ON AN APPROXIMATELY 1 MILE SECTION OF MAIN ELK CREEK, ALSO KNOWN AS THE MAIN ELK AQUATIC HABITAT IMPROVEMENT PROJECT, AND FURTHER DESCRIBED ON THE SITE PLAN 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 Sheryl gower, AICP Di recto Commit nity Development Department 4•J( sg Date 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 facility including the status of said permits and date of issuance. All required permits including USACE Permitting 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. 4. Prior to and during construction activity on the site, the Applicant shall comply with the County Consulting Engineers referral comments, as noted in the Resource Engineering referral letter dated 2/19/18 and as edited herein, including: a. A USACE permit has been obtained for the project and the CPW has been involved with the project design. Compliance with all requirements of the USAGE and CPW including Best Management Practices noted in the CPW correspondence dated 8/31/17 shall be required. b. There will be temporary impacts from sediment during construction. Such impacts must be minimized, and soil erosion and sediment controls maintained in effective operating condition and monitored as required by the USAGE Permit. c. A CDPHE Stormwater permit shall be obtained for the project. d. 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. e. Irrigation ditches are located within the project reach. The Applicant shall provide written evidence that the ditch owners have been notified of the project and approved modifications that relate to diversion structures. 5. All disturbed areas shall be reclaimed and re -vegetated in accordance with the Applicant's plans including erosion control plans. The Applicant shall comply with the County Vegetation Manager's referral comments dated 2/20/18 including provision of a weed inventory/map, noxious weed management plan, and provision of the riparian seed mix to be used for revegetation. The weed inventory/map and noxious weed management plan shall be provided by June 30, 2018 or at a later date as may be approved by the County Vegetation Manager. EXHIBIT "A" CONDITIONS OF APPROVAL (pg. 2 of 2) 6. Prior to initiating construction activities on the site for a specific portion of the project, 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. Initiating construction activity in phases shall be permitted provided compliance with all required permitting including USACE is maintained. 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 copies of a Town of New Castle watershed protection permit, if required by the Town. Five Rivers Design Sheets and Typical Cross Sections MAIN ELK CREEK RANCH FISHERIES HABITAT IMPROVEMENT DRAWING 1 - STA. 0+00 to 14+00 Excavate lateral bar on right descending bank to increase cross-sectional area of the channel. Haul material to fill area or use as road base. 1 Excavate 50' long, 25' wide and 4' deep pool and place material to fill x abandoned diversion ditch. Excavate 65' long, 25' wide and 4' deep pool and place material to form adjacent lateral bar. Place large cobble on toe of 4' high eroding bank and plant with willows. Reduce riffle crest height 1' by excavating riffle material. Reform to function and appear as natural riffle. Haul material to fill area or use as road base. Remove concrete blocks along 2' high bank. ••'447 ef Construct high bank using coir fabric encapsulated soil lifts. Incorporate 10 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. Incorporate 10 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. Place approximately 150 cubic yards of large rock as rip rap along toe of 220' of vertical eroding hillside. Construct lateral bar using 30 cubic yards of 6-12" cobble. Incorporate 8 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. Excavate 45' long, 15' wide and 3' deep pool and place material to form adjacent lateral bar. • T r Excavate 45' long, 20' wide and 4' deep pool. Haul excavated material to designated 11 upland fill area. Remove concrete blocks used to stabilize eroding streambank. Fill abandoned diversion ditch r Excavate 65' long, 20' wide and 4' deep pool. Haul excavated material to designated upland fill area. • y.. Incorporate 8 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. IC/Pc yes, //IC. MAIN ELK CREEK RANCH STREAM DESIGN DRAWING 1 DATE: 3/30/2017 DRAWN BY: Matt Weaver SCALE 1" = 75' 89.0 C/ utit 73(x, 711710IT8 X06.2 9. /970 MAIN ELK CREEK RANCH FISHERIES HABITAT IMPROVEMENT DRAWING 2 - STA. 14+00 to 25+00 . • • Place approximately 20 cubic yards of large angular rock at existing 8' high headcut where tributary enters Main Elk Creek floodplain. Place 10 cubic yards of Targe angular rock along vertically eroding 5' high stream bank to protect mature trees downstream of confluence with tributary. Remove existing 3' high earthen berm on upper stream bank. Revegetate with native riparian grass seeding and willow planting. Excavated material hauled to designated upland fill area. Also remove 3 partial car bodies from bank. Excavate 3 pools and incorporate 6 to 12" cobble into existing riffles to construct stable riffle grade breaks. Each riffle grade break would require 5 cubic yards of large cobble. The pools would each be 30' long, 12' wide and 3' deep. Excavated pool material would be hauled to a designated upland fill area. Incorporate 15 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. Excavate 50' long, 20' wide and 4' deep pool. Haul excavated material to designated upland fill area. • diE • Excavate 45' long, 20' wide and 4' deep pool. Haul excavated material to designated upland fill area. Excavate two 60' long, 20' wide and 4' deep pools to provide increased channel cross-sectional area and provide trout holding water. Haul excavated material to designated upland fill area. • Repair 4' high eroding stream bank using coir fabric encapsulated soil lifts and willow plantings. Incorporate 10 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. Fe/ T�ers, !. MAIN ELK CREEK RANCH STREAM DESIGN DRAWING 2 DATE: 3/30/2017 DRAWN BY: Matt Weaver SCALE 1" = 75' 89 0 ndd B. ,41171978 406.°209.4970 • • Remove log wing dam. Selectively remove a portion of the existing angular sandstone along 320' of rip rap bank and replace with more natural appearing rock. Place additional natural appearing large rock at base of existing rip rap bank. Construct two grade control structures using large 2-4' rock. The structures would be constructed at existing stream bed elevation. Lower tops of existing barbs to improve aesthetics. Maintain existing wetland and riparian vegetation. HOUSE SITE 40i ITT MAIN ELK CREEK RANCH FISHERIES HABITAT IMPROVEMENT DRAWING 3 - STA. 25+00 to 38+00 s J• ". • • rti a ` Existing Burried Diversion Pipe Incorporate 15 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. Excavate 60' long, 20' wide and 4' deep pool. Haul excavated material to designated upland fill area. Place Targe cobble on toe of 4' high eroding bank and plant with willows. +rti•7..4•11. 411116 r j • �f411. Incorporate 10 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. Repair 4' high eroding stream bank using coir fabric encapsulated soil lifts and willow plantings. • Re -build and lower existing large rock structure to appear and function as a natural riffle. IL Re -build and lower existing large rock structure to appear and function as a natural riffle. Repair 4' high eroding stream bank using coir fabric encapsulated soil lifts and willow plantings. Excavate 45' long, 15' wide and 3' deep pool and place material to form adjacent lateral bar. r +• Excavate 45' long, 25' wide and 4' deep pool and place material to form adjacent lateral bar. cf' Remove existing 3' high earthen berm on upper stream bank. Revegetate with native riparian grass seeding and willow planting. Excavated material hauled to designated upland fill area. x — • • • 1 1 ' _ -• t. . F e 1• -7111111 _ Excavate 55' long, 25' wide and 4' _ ti deep pool. Haul excavated material to designated upland fill area. Y • c, P i-•�+ 4 Incorporate 10 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. Incorporate 10 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. Excavate 3 small pools within existing shallow run. Haul excavated material to designated upland fill site. 7 'f- .• .fit Incorporate 10 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. i Excavate 55' long, 20' wide and 4' deep pool. Haul excavated material to designated upland fill area. Re -build and lower existing large rock structure to apperar and function as a natural riffle. Add 10 cubic yards of 6 to 12" cobble to stabilize riffle grade break. Excavate 55' long, 20' wide and 4' deep pool and place material to form adjacent lateral bar. Re -build and lower existing large rock structure to appear and function as a natural riffle. Excavate 55' long, 20' wide and 4' deep pool and place material to form adjacent lateral bar. Incorporate 15 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. f_ �vco ,g ' err., " r H rii _Jo Excavate 35' long, 20' wide and 4' deep pool. Haul excavated material to designated upland fill area. • Fc des, !. MAIN ELK CREEK RANCH STREAM DESIGN DRAWING 3 DATE: 3/30/2017 DRAWN BY: Matt Weaver SCALE 1" = 75' 89SJ0 Ck/,t4m 7� 7ja emi, /I47.59748 406-20_9.4970 r k • r 1 r'w° •. aA.7� ' ;. .#. �111,. • + -` - iii " ' • • 'r. 7 ,•1L' - . r_ t ti -•'T� k a*+a - .;} r ' r C- t,.'..7 # ' 17 A- : -• " -LI. . . - • MAIN ELK CREEK RANCH FISHERIES HABITAT IMPROVEMENT DRAWING 4 - STA. 38+00 to 51+00 •f• • • %pay i4P• l*APILL ,AL Re -build and lower existing Targe rock structure to appear and function as a natural riffle. f}rjr . • ' . 1r�' r Ida Excavate 35' long, 30' wide and 4' deep pool. Haul excavated material to designated upland fill area. Excavate 30' long, 30' wide and 4' deep pool. Haul excavated material to designated upland fill area. teg - - ... .1e...;. iv,' ,Ly • l F�~3' r, • iz_ Re -build and lower existing large rock structure to appear and function as a natural riffle. dry r r 4. • ;.• In II Excavate 40' long, 20' wide and 4' deep pool. Use Targe cobble from pool excavation to construct riffle down stream. Incorporate 10 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. Excavate 30' long, 20' wide and 4' deep pool. Haul excavated material to designated upland fill area. Incorporate 10 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. Incorporate 15 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. Excavate 35' long, 20' wide and 4' deep pool. Haul excavated material to designated upland fill area. - f .11 +:';• Excavate a series of four small 10 to 20' long, 10 to 15' wide and 3' deep "pocket" pools in steep stream section. Use cobble excavated from pools to construct riffle grade breaks down stream of each pool. Excavate 35' long, 20' wide and 4' deep pool. Use large cobble from pool excavation to construct riffle down stream. .r r �'r .Jo .•• +:+ -�_ •ff )1, L• • , 4115 L -"fi+� AePhr rf ,^g. { •tip, Excavate 40' long, 20' wide and 4' deep pool and place approximately half the excavated material to form adjacent lateral bar. Haul remaining material to designated upland fill area. Excavate 55' long, 20' wide and 4' deep pool and place approximately half the excavated material to form adjacent lateral bar. Haul remaining material to designated upland fill area. r+a Th'ez //to, MAIN ELK CREEK RANCH STREAM DESIGN DRAWING 4 DATE: 3/30/2017 DRAWN BY: Matt Weaver SCALE 1" = 75' 44. 8950 C/a 7<e/7i7T8 406:,20_9.4970 c •, ••• r_ - w MAIN ELK CREEK RANCH FISHERIES HABITAT IMPROVEMENT DRAWING 5 - STA. 51+00 to 62+00 Excavate 30' long, 20' wide and 4' deep pool. Haul excavated material to designated upland fill area. 44. 111..-;, tr. _ dq.r} Incorporate 10 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. A • -- ,. • 4, Excavate 45' long, 25' wide and 4' deep pool. Haul excavated material to designated upland fill area. • wr Adjust existing natural large rock to form riffle grade break. Excavate 25' long, 15' wide and 3' deep pool. Haul excavated material to designated upland fill area. Incorporate 8 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. Excavate 20' long, 15' wide and 3' deep pool. Haul excavated material to designated upland fill area. ` r - �1 • •' - r.,i h±. ` � • - -• "•1▪ I • ICP ".14/..I. ..1' . . . r Incorporate 15 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. • r •• `- - , 1;1 • `- • r 4 r 1 • Incorporate 8 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. Incorporate 8 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. Incorporate 8 cubic yards of 6 to 12" cobble into existing riffle to construct stable riffle grade break. '� .. •r�. deep pool. Haul excavated material to designated upland fill area. Excavate 20' long, 15' wide and 3' deep pool. Haul excavated material to designated upland fill area. Excavate 30' long, 20' wide and 4' deep pool and place material to form adjacent lateral bar. Excavate 25' long, 20' wide and 3' P • a,�' • • - '1 Incorporate 10 cubic yards .' .i of 6 to 12" cobble into •if lb existing riffle to construct `.� stable riffle grade break. 4 1' • Excavate 35' long, 20' wide and 4' deep pool and lir .eplace material to form adjacent lateral bar. r - {,+Ai:# r r ,� 44• aNlY • '-LIO' +r • .•r Excavate 30' long, 20' wide and 4' deep pool. Haul excavated material to designated upland fill area. -• ir:•• .j k , -.. r _tip' . :m•1. A J • } r It • }. . Fit Tees, !i. MAIN ELK CREEK RANCH STREAM DESIGN DRAWING 5 DATE: 3/30/2017 DRAWN BY: Matt Weaver SCALE 1" = 75' 8950 Creat Ba�unaiv, /14759748 406.°209.4970 MAIN ELK CREEK - TYPICAL RIFFLE IMPROVEMENT EXISTING PROFILE UPSTREAM DOWNSTREAM 0 BASE FLOW WSE 1 -YY *-1i i •i • • • • • • • VALLEY FILL SUBSTRATE SCOUR POINT 7' 5' 5' 10' 15' 20' i5' 30' 35' 40' 45' Note: The existing streambed consists of gravel/cobble deposited over alluvial valley fill and intermittent sand/clay layers. The valley fill substrate consits of alternating lenses of sand, cobble, gravel and 0.5 to 2' sub -angular limestone and sandstone fragments in a fine-grained clay/silt matrix. UPSTREAM 7'7 BASE FLOW WSE PROPOSED PROFILE sir %. 6.0 •La Nrir • •i•i• PPORI GQ1A0-•i . •i i^i^ILA i^•f• VALLEY FILL SUBSTRATE IMBED 6 TO 12" COBBLE TO HARDENED RIFFLE SCOUR POINT DOWNSTREAM -7' EXCAVATED POOL 5' 10' 15' 20' 2 5' 30' 35' 40' 45' Note: Material placed to harden existing riffle would consist of 6" to 12" stream rounded cobble harvested from an upland area. A portion of the existing gravel/cobble material would be removed at the downstream end of the riffle. The 6-12" cobble would be imbedded into the remaining native cobble using the tracked excavator. The original elevation of the existing riffle would be maintained. RIGHT DESCENDING BANK 10'- MAIN ELK CREEK - TYPICAL BANK REPAIR USING COIR LIFT SOD/SOIL LAYER EXISTING X -SECTION BANK FULL WSE ERODING BANK BASE FLOW WSE VALLEY FILL SUBSTRATE SOD/SOIL LAYER LEFT DESCENDING BAN K SOIL -ROOT ZONE 45' 40' 35' 30' 25' 20' 15' 10' 5' 0 RIGHT DESCENDING BANK 10' BANK FULL WSE PROPOSED X -SECTION PLANT WILLOWS AND RIPARIAN GRASS SPECIES IN COBBLE BENCH. PLACE 6-12" COBBLE TO FORM A 5' WIDE RIPARIAN BENCH AT TOE OF BANK. BASE FLOW WSE COVER SLOPE WITH BIODEGRADABLE EROSION BLANKET. 5-8' WIDE COIR ENCLOSED SOIL LIFT. SEED WITH RIPARIAN GRASS SPECIES AND PLANT WILLOWS BETWEEN SOIL LIFT AND COBBLE. SLOPE VERTICAL BANK TO AN APPROXIMATE 2:1 SLOPE AND COVER WITH TOPSOIL. SEED WITH RIPARIAN GRASS SPECIES. VALLEY FILL SUBSTRATE 10' LEFT DESCENDING BANK SOIL -ROOT ZONE 45' 40' 35' 30' 25' 20' 15' 10' 5' 0 10' FIG 1 LEFT DESCENDING BANK SOD/SOIL LAYER 7' 0 MAIN ELK CREEK - TYPICAL POOL EXCAVATION SITE EXISTING X -SECTION BANK FULL WSE • •f•f•f•r.r . \\moi r•' as, VALLEY FILL SUBSTRATE • STABLE BANK RIGHT DESCENDING BAN K SOIL -ROOT ZONE 7' 5' 5' 10' 15' 20' 25' 30' 35' 40' 45' Note: The existing streambed consists of gravel/cobble deposited over valley fill and intermittent sand/clay layers. The valley fill substrate consits of alternating lenses of sand, gravel and 0.5 to 2' sub -angular limestone and sandstone fragments in a fine-grained clay/silt matrix. LEFT DESCENDING BANK SOD/SOIL LAYER PROPOSED X -SECTION BANK FULL WSE BASE FLOW WSE STABLE BANK RIGHT DESCENDING BAN K A' -7' SOIL -ROOT ZONE 5' VALLEY FILL SUBSTRATE 15' 20' 25' 30' 35' 40' 4 Note: The existing gravel and cobble at each pool site would be used to cover the streambed once the excavation was complete. All excess gravel/cobble would be hauled to an upland fill site or used to construct lateral bars where designated in the design plans. LEFT DESCENDING BANK 10' - MAIN ELK CREEK - TYPICAL BANK SLOPING SITE SOD/SOIL LAYER SOIL -ROOT ZONE EXISTING X -SECTION ERODING BANK BANK FULL WSE BASE FLOW WSE 1 Lv�lL4 VALLEY FILL SUBSTRATE RIGHT DESCENDING BANK SOD/SOIL LAYER .5' LEFT DESCENDING BANK 10' 5' 10' 15 20' 2 5' 30' 3 5' 40' 45' SOD/SOIL LAYER SOIL -ROOT ZONE PROPOSED X -SECTION SLOPE VERTICAL BANK TO AN APPROXIMATE 2:1 SLOPE AND COVER WITH TOPSOIL. SEED WITH RIPARIAN GRASS SPECIES. RIGHT DESCENDING BAN K PLANT WILLOWS IN AND ABOVE COBBLE TOE. PLACE 6 TO 12" COBBLE SOD/SOIL LAYER AT TOE OF BANK. BANK FULL WSE \Ir BASE FLOW WSE VALLEY FILL SUBSTRATE 10' 5' 5' 10' 15' 20' 2 5' 30' 35' 40' 45' FIG 2 Soils Reports 39° 39' 17' N 39° 38' 12" N 3 Soil Map—Rifle Area, Colorado, Parts of Garfield and Mesa Counties (Main Elk Ranch -map) 3 in 000 G �p b-u-La5 �1=_ 1111; r 3 A Map Scale: 1:9,800 if printed on A portrait (8.5" x 11") sheet Meters 0 100 200 400 600 Feet 0 450 900 1800 2700 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UM Zone 13N WGS84 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey O7° 33 33' W 8 8 8 6/5/2019 Page 1 of 3 39° 39' 17' N 39° 38' 12" N Soil Map—Rifle Area, Colorado, Parts of Garfield and Mesa Counties (Main Elk Ranch -map) Area of Interest (AOI) Soils 0 O MAP LEGEND MAP INFORMATION Area of Interest (AOI) Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot • Closed Depression • Gravel Pit 4 Gravelly Spot O Landfill Lava Flow Marsh or swamp an4 Mine or Quarry CD Miscellaneous Water • Perennial Water ▪ Rock Outcrop ▪ Saline Spot 4 • #• Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip oa Sodic Spot g Spoil Area 0 Stony Spot Very Stony Spot Wet Spot ▪ Other Special Line Features Water Features Streams and Canals Please rely on the bar scale on each map sheet for map measurements. The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Transportation Rails ighe Interstate Highways O .10 US Routes Major Roads Local Roads Background . Aerial Photography Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 11, Sep 10, 2018 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jul 14, 2010—Nov 1, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources rilra Conservation Service Web Soil Survey National Cooperative Soil Survey 6/5/2019 Page 2of3 Soil Map—Rifle Area, Colorado, Parts of Garfield and Mesa Counties Main Elk Ranch -map Map Unit Legend USDA Natural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 3 of 3 Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 7 Ascalon -Pena complex, 6 to 25 percent slopes 9.4 12.5% 14 Chilton channery loam, 6 to 12 percent slopes 0.0 0.0% 15 Chilton channery loam, 12 to 25 percent slopes 4.2 5.6% 39 Jerry loam, 12 to 50 percent slopes 0.3 0.3% 65 Torrifluvents, nearly level 57.2 76.3% 66 Torriorthents-Camborthids- Rock outcrop complex, steep 4.0 5.3% Totals for Area of Interest 75.0 100.0% USDA Natural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 3 of 3 Engineering Properties ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Main Elk Ranch Engineering Properties This table gives the engineering classifications and the range of engineering properties for the layers of each soil in the survey area. Hydrologic soil group is a group of soils having similar runoff potential under similar storm and cover conditions. The criteria for determining Hydrologic soil group is found in the National Engineering Handbook, Chapter 7 issued May 2007(http://directives.sc.egov.usda.gov/OpenNonWebContent.aspx? content=17757.wba). Listing HSGs by soil map unit component and not by soil series is a new concept for the engineers. Past engineering references contained lists of HSGs by soil series. Soil series are continually being defined and redefined, and the list of soil series names changes so frequently as to make the task of maintaining a single national list virtually impossible. Therefore, the criteria is now used to calculate the HSG using the component soil properties and no such national series lists will be maintained. All such references are obsolete and their use should be discontinued. Soil properties that influence runoff potential are those that influence the minimum rate of infiltration for a bare soil after prolonged wetting and when not frozen. These properties are depth to a seasonal high water table, saturated hydraulic conductivity after prolonged wetting, and depth to a layer with a very slow water transmission rate. Changes in soil properties caused by land management or climate changes also cause the hydrologic soil group to change. The influence of ground cover is treated independently. There are four hydrologic soil groups, A, B, C, and D, and three dual groups, A/D, B/D, and C/D. In the dual groups, the first letter is for drained areas and the second letter is for undrained areas. The four hydrologic soil groups are described in the following paragraphs: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. Depth to the upper and lower boundaries of each layer is indicated. USDA Natural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 1 of 7 Engineering Properties ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Main Elk Ranch Texture is given in the standard terms used by the U.S. Department of Agriculture. These terms are defined according to percentages of sand, silt, and clay in the fraction of the soil that is less than 2 millimeters in diameter. "Loam," for example, is soil that is 7 to 27 percent clay, 28 to 50 percent silt, and less than 52 percent sand. If the content of particles coarser than sand is 15 percent or more, an appropriate modifier is added, for example, "gravelly." Classification of the soils is determined according to the Unified soil classification system (ASTM, 2005) and the system adopted by the American Association of State Highway and Transportation Officials (AASHTO, 2004). The Unified system classifies soils according to properties that affect their use as construction material. Soils are classified according to particle -size distribution of the fraction less than 3 inches in diameter and according to plasticity index, liquid limit, and organic matter content. Sandy and gravelly soils are identified as GW, GP, GM, GC, SW, SP, SM, and SC; silty and clayey soils as ML, CL, OL, MH, CH, and OH; and highly organic soils as PT. Soils exhibiting engineering properties of two groups can have a dual classification, for example, CL -ML. The AASHTO system classifies soils according to those properties that affect roadway construction and maintenance. In this system, the fraction of a mineral soil that is less than 3 inches in diameter is classified in one of seven groups from A-1 through A-7 on the basis of particle -size distribution, liquid limit, and plasticity index. Soils in group A-1 are coarse grained and low in content of fines (silt and clay). At the other extreme, soils in group A-7 are fine grained. Highly organic soils are classified in group A-8 on the basis of visual inspection. If laboratory data are available, the A-1, A-2, and A-7 groups are further classified as A -1-a, A -1-b, A-2-4, A-2-5, A-2-6, A-2-7, A-7-5, or A-7-6. As an additional refinement, the suitability of a soil as subgrade material can be indicated by a group index number. Group index numbers range from 0 for the best subgrade material to 20 or higher for the poorest. Percentage of rock fragments larger than 10 inches in diameter and 3 to 10 inches in diameter are indicated as a percentage of the total soil on a dry -weight basis. The percentages are estimates determined mainly by converting volume percentage in the field to weight percentage. Three values are provided to identify the expected Low (L), Representative Value (R), and High (H). Percentage (of soil particles) passing designated sieves is the percentage of the soil fraction less than 3 inches in diameter based on an ovendry weight. The sieves, numbers 4, 10, 40, and 200 (USA Standard Series), have openings of 4.76, 2.00, 0.420, and 0.074 millimeters, respectively. Estimates are based on laboratory tests of soils sampled in the survey area and in nearby areas and on estimates made in the field. Three values are provided to identify the expected Low (L), Representative Value (R), and High (H). Liquid limit and plasticity index (Atterberg limits) indicate the plasticity characteristics of a soil. The estimates are based on test data from the survey area or from nearby areas and on field examination. Three values are provided to identify the expected Low (L), Representative Value (R), and High (H). References: American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. USDA Natural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 2 of 7 Engineering Properties ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Main Elk Ranch American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. USDA Natural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 3 of 7 Engineering Properties ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Main Elk Ranch Report—Engineering Properties Absence of an entry indicates that the data were not estimated. The asterisk'*' denotes the representative texture; other possible textures follow the dash. The criteria for determining the hydrologic soil group for individual soil components is found in the National Engineering Handbook, Chapter 7 issued May 2007(http://directives.sc.egov.usda.gov/ OpenNonWebContent.aspx?content=17757.wba). Three values are provided to identify the expected Low (L), Representative Value (R), and High (H). Engineering Properties–Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map unit symbol and Pct. of Hydrolo Depth USDA texture Classification Pct Fragments Percentage passing sieve number— Liquid Plasticit soil name map gic limit y index Unified AASHTO >10 3-10 4 10 40 200 unit group inches inches In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 7—Ascalon-Pena complex, 6 to 25 percent slopes Ascalon 65 B 0-5 Fine sandy loam SC, SC- A-4 0- 0- 0 0- 0- 0 100-100 100-100 70-78- 40-45- 25-28 5-8 -10 SM -100 -100 85 50 -30 5-30 Sandy clay loam CL, CL- A-4 0- 0- 0 0- 0- 0 100-100 100-100 80-85- 35-45- 25-30 5-10-15 ML, SC, SC -SM -100 -100 90 55 -35 30-60 Sandy clay loam CL, CL- A-4 0- 0- 0 0- 0- 0 100-100 100-100 80-85- 35-45- 25-30 5-10-15 ML, SC, SC -SM -100 -100 90 55 -35 Pena 25 A 0-6 Stony loam CL, CL- A-4 10-28- 0-15- 30 75-83- 70-78- 60-70- 45-55- 25-28 5-8 -10 ML, SC, SC -SM 45 90 85 80 65 -30 6-12 Very stony loam GC, GC- A-2, A-4 25-48- 0-25- 50 45-68- 40-63- 35-58- 25-45- 25-28 5-8 -10 GM, SC, SC - 70 90 85 80 65 -30 SM 12-60 Very stony sandy GC -GM, A-1, A-2 25-48- 0-25- 50 45-68- 40-63- 25-43- 15-25- 20-23 NP -3 -5 loam GM, SC -SM, SM 70 90 85 60 35 -25 USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 6/5/2019 Page 4 of 7 Engineering Properties ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Main Elk Ranch Engineering Properties–Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map unit symbol and soil name Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number— Liquid limit Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 14—Chilton channery loam, 6 to 12 percent slopes Chilton 85 A 0-13 Channery loam GC -GM, GM, SC -SM, SM A-4 0- 5- 10 0-13- 25 55-68- 80 55-65- 75 50-60- 70 35-43- 50 20-23 -25 NP -3 -5 13-23 Very channery sandy loam GC -GM, GM, GW -GM A-1 0-13- 25 0-15- 30 30-43- 55 30-40- 50 20-28- 35 10-15- 20 20-23 -25 NP -3 -5 23-60 Very cobbly sandy loam GC -GM, GM, SC -SM, SM A-1, A-2 0-13- 25 20-45- 70 45-68- 90 40-63- 85 25-43- 60 15-25- 35 20-23 -25 NP -3 -5 15—Chilton channery loam, 12 to 25 percent slopes Chilton 85 A 0-13 Channery loam GC -GM, GM, SC -SM, SM A-4 0- 5- 10 0-13- 25 55-68- 80 55-65- 75 50-60- 70 35-43- 50 20-23 -25 NP -3 -5 13-23 Very channery sandy loam GC -GM, GM, GW -GM A-1 0-13- 25 0-15- 30 30-43- 55 30-40- 50 20-28- 35 10-15- 20 20-23 -25 NP -3 -5 23-60 Very cobbly sandy loam GC -GM, GM, SC -SM, SM A-1, A-2 0-13- 25 20-45- 70 45-68- 90 40-63- 85 25-43- 60 15-25- 35 20-23 -25 NP -3 -5 USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 6/5/2019 Page 5of7 Engineering Properties ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Main Elk Ranch Engineering Properties–Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map unit symbol and soil name Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number— Liquid limit Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 39—Jerry loam, 12 to 50 percent slopes Jerry 90 C 0-3 Loam CL, CL- ML A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 85-90- 95 60-68- 75 25-28 -30 5-8 -10 3-10 Clay loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 90-95-1 00 70-75- 80 30-35 -40 10-15-2 0 10-40 Cobbly clay loam CL A-6 0- 5- 10 15-30- 45 75-83- 90 70-78- 85 65-75- 85 50-60- 70 30-33 -35 10-13-1 5 40-60 Cobbly clay CL A-7 0-13- 25 15-30- 45 75-83- 90 70-78- 85 65-75- 85 55-70- 85 40-45 -50 15-20-2 5 65—Torrifluvents, nearly level Torrifluvents 85 C 0-36 Loam CL -ML A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 85-90- 95 60-68- 75 25-28 -30 5-8 -10 36-60 Sand SM, SW- SM A-2 0- 0- 0 5- 8- 10 95-98-1 00 90-93- 95 50-55- 60 5-10- 15 — NP USDA Natural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 6 of 7 Engineering Properties ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Main Elk Ranch Engineering Properties–Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map unit symbol and soil name Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number— Liquid limit Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 66—Torriorthents- Camborthids-Rock outcrop complex, steep Torriorthents, steep 45 D 0-4 Variable — — 0- 0- 0 0-10- 20 — — — — — — 4-30 Fine sandy loam, loam, clay loam CL, CL- ML, SC- SM, SM A-2, A-4, A-6 0- 0- 0 0- 6- 20 65-90- 95 60-85- 90 50-65- 80 25-48- 70 15-25 -35 NP -10-2 0 30-34 Unweathered bedrock Camborthids, steep 20 C 0-4 Variable CL -ML, ML, SC- SM, SM A-2, A-4, A-6 0- 0- 5 0- 0- 40 65-100- 100 60-100- 100 35-55- 75 25-43- 60 20-28 -35 NP -8 -15 4-30 Loam, clay loam CL, CL- ML A-4, A-6 0- 0- 0 0- 3- 5 100-100 -100 75-88-1 00 55-73- 90 50-65- 80 25-33 -40 5-13-20 30-34 Unweathered bedrock — — — — — — — — — — Rock outcrop, steep 15 0-60 Unweathered bedrock — — — — — — — — 0-7 -14 — Data Source Information Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 11, Sep 10, 2018 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 6/5/2019 Page 7 of 7 Physical Soil Properties ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Main Elk Ranch -phys Physical Soil Properties This table shows estimates of some physical characteristics and features that affect soil behavior. These estimates are given for the layers of each soil in the survey area. The estimates are based on field observations and on test data for these and similar soils. Depth to the upper and lower boundaries of each layer is indicated. Particle size is the effective diameter of a soil particle as measured by sedimentation, sieving, or micrometric methods. Particle sizes are expressed as classes with specific effective diameter class limits. The broad classes are sand, silt, and clay, ranging from the larger to the smaller. Sand as a soil separate consists of mineral soil particles that are 0.05 millimeter to 2 millimeters in diameter. In this table, the estimated sand content of each soil layer is given as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. Silt as a soil separate consists of mineral soil particles that are 0.002 to 0.05 millimeter in diameter. In this table, the estimated silt content of each soil layer is given as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. Clay as a soil separate consists of mineral soil particles that are less than 0.002 millimeter in diameter. In this table, the estimated clay content of each soil layer is given as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. The content of sand, silt, and clay affects the physical behavior of a soil. Particle size is important for engineering and agronomic interpretations, for determination of soil hydrologic qualities, and for soil classification. The amount and kind of clay affect the fertility and physical condition of the soil and the ability of the soil to adsorb cations and to retain moisture. They influence shrink -swell potential, saturated hydraulic conductivity (Ksat), plasticity, the ease of soil dispersion, and other soil properties. The amount and kind of clay in a soil also affect tillage and earthmoving operations. Moist bulk density is the weight of soil (ovendry) per unit volume. Volume is measured when the soil is at field moisture capacity, that is, the moisture content at 1/3- or 1/10 -bar (33kPa or 10kPa) moisture tension. Weight is determined after the soil is dried at 105 degrees C. In the table, the estimated moist bulk density of each soil horizon is expressed in grams per cubic centimeter of soil material that is less than 2 millimeters in diameter. Bulk density data are used to compute linear extensibility, shrink -swell potential, available water capacity, total pore space, and other soil properties. The moist bulk density of a soil indicates the pore space available for water and roots. Depending on soil texture, a bulk density of more than 1.4 can restrict water storage and root penetration. Moist bulk density is influenced by texture, kind of clay, content of organic matter, and soil structure. USDA Natural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 1 of 7 Physical Soil Properties ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Main Elk Ranch -phys Saturated hydraulic conductivity (Ksat) refers to the ease with which pores in a saturated soil transmit water. The estimates in the table are expressed in terms of micrometers per second. They are based on soil characteristics observed in the field, particularly structure, porosity, and texture. Saturated hydraulic conductivity (Ksat) is considered in the design of soil drainage systems and septic tank absorption fields. Available water capacity refers to the quantity of water that the soil is capable of storing for use by plants. The capacity for water storage is given in inches of water per inch of soil for each soil layer. The capacity varies, depending on soil properties that affect retention of water. The most important properties are the content of organic matter, soil texture, bulk density, and soil structure. Available water capacity is an important factor in the choice of plants or crops to be grown and in the design and management of irrigation systems. Available water capacity is not an estimate of the quantity of water actually available to plants at any given time. Linear extensibility refers to the change in length of an unconfined clod as moisture content is decreased from a moist to a dry state. It is an expression of the volume change between the water content of the clod at 1/3- or 1/10 -bar tension (33kPa or 10kPa tension) and oven dryness. The volume change is reported in the table as percent change for the whole soil. The amount and type of clay minerals in the soil influence volume change. Linear extensibility is used to determine the shrink -swell potential of soils. The shrink -swell potential is low if the soil has a linear extensibility of less than 3 percent; moderate if 3 to 6 percent; high if 6 to 9 percent; and very high if more than 9 percent. If the linear extensibility is more than 3, shrinking and swelling can cause damage to buildings, roads, and other structures and to plant roots. Special design commonly is needed. Organic matter is the plant and animal residue in the soil at various stages of decomposition. In this table, the estimated content of organic matter is expressed as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. The content of organic matter in a soil can be maintained by returning crop residue to the soil. Organic matter has a positive effect on available water capacity, water infiltration, soil organism activity, and tilth. It is a source of nitrogen and other nutrients for crops and soil organisms. Erosion factors are shown in the table as the K factor (Kw and Kf) and the T factor. Erosion factor K indicates the susceptibility of a soil to sheet and rill erosion by water. Factor K is one of six factors used in the Universal Soil Loss Equation (USLE) and the Revised Universal Soil Loss Equation (RUSLE) to predict the average annual rate of soil loss by sheet and rill erosion in tons per acre per year. The estimates are based primarily on percentage of silt, sand, and organic matter and on soil structure and Ksat. Values of K range from 0.02 to 0.69. Other factors being equal, the higher the value, the more susceptible the soil is to sheet and rill erosion by water. Erosion factor Kw indicates the erodibility of the whole soil. The estimates are modified by the presence of rock fragments. Erosion factor Kf indicates the erodibility of the fine -earth fraction, or the material less than 2 millimeters in size. USDA Natural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 2 of 7 Physical Soil Properties ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Main Elk Ranch -phys Erosion factor T is an estimate of the maximum average annual rate of soil erosion by wind and/or water that can occur without affecting crop productivity over a sustained period. The rate is in tons per acre per year. Wind erodibility groups are made up of soils that have similar properties affecting their susceptibility to wind erosion in cultivated areas. The soils assigned to group 1 are the most susceptible to wind erosion, and those assigned to group 8 are the least susceptible. The groups are described in the "National Soil Survey Handbook." Wind erodibility index is a numerical value indicating the susceptibility of soil to wind erosion, or the tons per acre per year that can be expected to be lost to wind erosion. There is a close correlation between wind erosion and the texture of the surface layer, the size and durability of surface clods, rock fragments, organic matter, and a calcareous reaction. Soil moisture and frozen soil layers also influence wind erosion. Reference: United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430 -VI. (http://soils.usda.gov) USDA Natural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 3 of 7 Physical Soil Properties ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Main Elk Ranch -phys Report -Physical Soil Properties Three values are provided to identify the expected Low (L), Representative Value (R), and High (H). Physical Soil Properties -Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map symbol Depth Sand Silt Clay Moist Saturated Available Linear Organic Erosion Wind Wind and soil name bulk hydraulic water extensibility matter factors erodibility erodibility density conductivity capacity group index Kw Kf T In Pct Pct Pct g/cc micro m/sec In/In Pct Pct 7 -Ascalon - Pena complex, 6 to 25 percent slopes Ascalon 0-5 -65- -20- 10-15- 20 1.35-1.43 4.23-23.28-42.3 0.13-0.14-0. 0.0- 1.5- 2.9 1.0- 1.5- .20 .20 5 3 86 -1.50 4 15 2.0 5-30 -57- -18- 20-25- 30 1.25-1.33 1.41-7.76-14.11 0.14-0.16-0. 3.0- 4.5- 5.9 0.5- 0.8- .15 .15 -1.40 17 1.0 30-60 -57- -18- 20-25- 30 1.25-1.33 1.41-7.76-14.11 0.14-0.16-0. 3.0- 4.5- 5.9 0.0- 0.3- .24 .24 -1.40 17 0.5 Pena 0-6 -42- -37- 15-21- 27 1.25-1.33 4.23-23.28-42.3 0.10-0.12-0. 0.0- 1.5- 2.9 1.0- 1.5- .10 .24 5 7 38 -1.40 4 13 2.0 6-12 -42- -37- 15-21- 27 1.25-1.33 4.23-23.28-42.3 0.07-0.08-0. 0.0- 1.5- 2.9 0.5- 0.8- .10 .32 -1.40 4 09 1.0 12-60 -65- -19- 12-16- 20 1.35-1.43 4.23-23.28-42.3 0.05-0.06-0. 0.0- 1.5- 2.9 0.0- 0.3- .05 .20 -1.50 4 07 0.5 USDA Natural Resources Conservation Service National Cooperative Soil Survey Web Soil Survey 6/5/2019 Page 4 of 7 Physical Soil Properties ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Main Elk Ranch -phys Physical Soil Properties -Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map symbol Depth Sand Silt Clay Moist Saturated Available Linear Organic Erosion Wind Wind and soil name bulk hydraulic water extensibility matter factors erodibility erodibility density conductivity capacity group index 1 t 1 1 In Pct Pct Pct g/cc micro m/sec In/In Pct Pct 14 -Chilton channery loam, 6 to 12 percent slopes Chilton 0-13 -44- -41- 10-15- 20 1.25-1.33 4.23-23.28-42.3 0.10-0.12-0. 0.0- 1.5- 2.9 0.5- 1.3- .15 .32 5 5 56 -1.40 4 13 2.0 13-23 -67- -19- 10-14- 18 1.35-1.43 14.11-28.22-42. 0.05-0.06-0. 0.0- 1.5- 2.9 0.5- 0.8- .05 .24 -1.50 34 07 1.0 23-60 -67- -19- 10-14- 18 1.35-1.43 14.11-28.22-42. 0.05-0.06-0. 0.0- 1.5- 2.9 0.0- 0.3- .05 .24 -1.50 34 07 0.5 15 -Chilton channery loam, 12 to 25 percent slopes Chilton 0-13 -44- -41- 10-15- 20 1.25-1.33 4.23-23.28-42.3 0.10-0.12-0. 0.0- 1.5- 2.9 0.5- 1.3- .15 .32 5 5 56 -1.40 4 13 2.0 13-23 -67- -19- 10-14- 18 1.35-1.43 14.11-28.22-42. 0.05-0.06-0. 0.0- 1.5- 2.9 0.5- 0.8- .05 .24 -1.50 34 07 1.0 23-60 -67- -19- 10-14- 18 1.35-1.43 14.11-28.22-42. 0.05-0.06-0. 0.0- 1.5- 2.9 0.0- 0.3- .05 .24 -1.50 34 07 0.5 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 6/5/2019 Page 5of7 Physical Soil Properties ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Main Elk Ranch -phys Physical Soil Properties -Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map symbol Depth Sand Silt Clay Moist Saturated Available Linear Organic Erosion Wind Wind and soil name bulk hydraulic water extensibility matter factors erodibility erodibility density conductivity capacity group index 1 t 1 1 In Pct Pct Pct g/cc micro m/sec In/In Pct Pct 39 -Jerry loam, 12 to 50 percent slopes Jerry 0-3 -42- -37- 15-21- 27 1.25-1.33 4.23-23.28-42.3 0.14-0.16-0. 0.0- 1.5- 2.9 3.0- 4.0- .24 .24 5 6 48 -1.40 4 17 5.0 3-10 -33- -36- 27-31- 34 1.25-1.33 1.41-2.82-4.23 0.17-0.19-0. 3.0- 4.5- 5.9 1.0- 2.0- .24 .24 -1.40 20 3.0 10-40 -33- -36- 27-31- 34 1.25-1.33 1.41-2.82-4.23 0.13-0.15-0. 3.0- 4.5- 5.9 0.5- 0.8- .15 .32 -1.40 16 1.0 40-60 -26- -29- 40-45- 50 1.15-1.23 0.42-0.92-1.41 0.10-0.11-0. 3.0- 4.5- 5.9 0.0- 0.3- .10 .24 -1.30 12 0.5 65- Torrifluvents, nearly level Torrifluvents 0-36 -42- -38- 15-21- 26 1.35-1.38 4.23-9.17-14.11 0.16-0.18-0. 0.0- 1.5- 2.9 0.5- 0.8- .28 .28 3 6 48 -1.40 20 1.0 36-60 -97- - 2- 0- 2- 3 1.50-1.58 141.14-423.07- 0.04-0.05-0. 0.0- 1.5- 2.9 0.0- 0.3- .05 .05 -1.65 705.00 06 0.5 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 6/5/2019 Page 6 of 7 Physical Soil Properties ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Main Elk Ranch -phys Physical Soil Properties -Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map symbol and soil name Depth Sand Silt Clay Moist bulk density Saturated hydraulic conductivity Available water capacity Linear extensibility Organic matter Erosion factors Wind erodibility group , Wind erodibility index Kw Kf T In Pct Pct Pct g/cc micro m/sec In/In Pct Pct 66- Torriorthents- Camborthids- Rock outcrop complex, steep Torriorthents, steep 0-4 - - - A - 1.40-9.00-42.00 0.04-0.14-0. 18 - 0.5- 0.8- 1.0 1 4-30 -61- -19- 5-20- 35 1.30-1.40 -1.50 4.23-9.17-14.11 0.10-0.14-0. 18 0.0- 1.5- 2.9 0.0- 0.3- 0.5 .28 .28 30-34 - - - - 0.42-0.92-1.41 - - - Camborthids, steep 0-4 - - 15-23- 30 1.20-1.25 -1.30 1.41-21.88-42.3 4 0.06-0.08-0. 10 0.0- 1.5- 2.9 0.5- 0.8- 1.0 .15 .28 2 4-30 -37- -35- 20-28- 35 1.40-1.45 -1.50 4.23-9.17-14.11 0.12-0.14-0. 16 3.0- 4.5- 5.9 0.0- 0.3- 0.5 .32 .32 30-34 - - - - 0.42-0.92-1.41 - - - Rock outcrop, steep 0-60 - - 0- 0- 0 - 0.00-0.05-1.40 0.00-0.00-0. 00 - - Data Source Information Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 11, Sep 10, 2018 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 6/5/2019 Page 7 of 7 Floodplain Development Permit LAND USE CHANGE PERMIT for DEVELOPMENT WITHIN AND ADJACENT TO MAIN ELK CREEK ASSOCATED WITH PROPERTY OWNED BY MAIN ELK RANCH LLC, LOCATED IN PORTIONS OF SECTIONS 1 AND 2, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M. AND SECTIONS 35 AND 36, TOWNSHIP 4 SOUTH, RANGE 91 WEST OF THE 6TH P.M. AND MORE FULLY DESCRIBED IN A SPECIAL WARRANTY DEED RECORDED AT RECEPTION NUMBER 883687 WITH THE GARFIELD COUNTY CLERK AND RECORDER PARCEL NOS. 2125-024-00-002, 2125-021-00-188 and 2125-021-00-100 File No. FDPA-09-17-8575 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 TO RESTORE THE CREEK CHANNEL TO A NATURAL CONDITION AND IMPROVE AQUATIC AND RIPARIAN HABITATS ON AN APPROXIMATELY 1 MILE SECTION OF MAIN ELK CREEK, ALSO KNOWN AS THE MAIN ELK AQUATIC HABITAT IMPROVEMENT PROJECT, AND FURTHER DESCRIBED ON THE SITE PLAN 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 Sheryl gower, AICP Di recto Commit nity Development Department 4•J( sg Date 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 facility including the status of said permits and date of issuance. All required permits including USACE Permitting 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. 4. Prior to and during construction activity on the site, the Applicant shall comply with the County Consulting Engineers referral comments, as noted in the Resource Engineering referral letter dated 2/19/18 and as edited herein, including: a. A USACE permit has been obtained for the project and the CPW has been involved with the project design. Compliance with all requirements of the USAGE and CPW including Best Management Practices noted in the CPW correspondence dated 8/31/17 shall be required. b. There will be temporary impacts from sediment during construction. Such impacts must be minimized, and soil erosion and sediment controls maintained in effective operating condition and monitored as required by the USAGE Permit. c. A CDPHE Stormwater permit shall be obtained for the project. d. 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. e. Irrigation ditches are located within the project reach. The Applicant shall provide written evidence that the ditch owners have been notified of the project and approved modifications that relate to diversion structures. 5. All disturbed areas shall be reclaimed and re -vegetated in accordance with the Applicant's plans including erosion control plans. The Applicant shall comply with the County Vegetation Manager's referral comments dated 2/20/18 including provision of a weed inventory/map, noxious weed management plan, and provision of the riparian seed mix to be used for revegetation. The weed inventory/map and noxious weed management plan shall be provided by June 30, 2018 or at a later date as may be approved by the County Vegetation Manager. EXHIBIT "A" CONDITIONS OF APPROVAL (pg. 2 of 2) 6. Prior to initiating construction activities on the site for a specific portion of the project, 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. Initiating construction activity in phases shall be permitted provided compliance with all required permitting including USACE is maintained. 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 copies of a Town of New Castle watershed protection permit, if required by the Town. USACE General Permit 12 DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT 1325 J STREET SACRAMENTO CA 95814-2922 September 12, 2017 Regulatory Division (SPK -2017-00659) Claffey Ecological Consulting, Inc. Attn: Mr. Mike Claffey 1371 17 Road Fruita, Colorado 81521 Dear Mr. Claffey: We are responding to your request, on behalf of Main Elk Creek Ranch LLC, for a Department of the Army permit for the Main Elk Creek Ranch Aquatic Habitat Improvement 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 1 and 2, Township 5 South, Range 91 West, 6th Principal Meridian, extending between Latitude 39.639961°, Longitude -107.574360° and Latitude 39.650420°, Longitude -107.561404°, in New Castle, Garfield County, Colorado. Based on the information you provided, the proposed activity is to reestablish a healthy riffle -pool complex, which entails dredging approximately 1,261 cubic yards of rock and sediment from the channel bottom, discharging approximately 1,370 cubic yards of material, and the placement of 110 cubic yards of large rock (2-3 foot diameter) along 220 feet of eroding stream bank, and will result in permanent impacts to approximately 0.6 acre 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 10 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 until September 9, 2019, 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 me at the Colorado West Section, 400 Rood Avenue, Room 224, Grand Junction, Colorado 81501, by email at w.travis.morse@usace.army.mil, or telephone at (970) 243-1199 ext. 1014. For more -2 - information regarding our program, please visit our website at www.spk.usace.army.mil/Missions/Regulatory.aspx. 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: Mr. Steve Mancini, Main Elk Creek Ranch, 42600 R. Mancini Drive, Sterling Heights, MI 48314, smancini@ric-man.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. mil/Portals/13/docs/regu latory/standards/MapStand02081 6 .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 Number: SPK -2017-00659 Regional General Permit Number: 12 - AQUATIC HABITAT IMPROVEMENT FOR STREAM CHANNELS IN COLORADO Permittee: Main Elk Creek Ranch, LLC Attn: Mr. Steven Mancini 42600 R. Mancini Drive Sterling Heights, Michigan 48314 County: Garfield County Date of Verification: September 12, 2017 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. Signature of Permittee Date