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Project Name:Reusswig AdditionDRBNumber:DRB100206 Project Description: ADDITION TO BOTH SIDES OF TWO-FAMILY DWELLING Participants: OWNER OLIVER INSURANCE LTD 06/10/2010 22141 BEAR TOOTH DR GOLDEN CO 80403 APPLICANT ARCHITECTURAL SERVICES 06/10/2010 DANNY SWERTFEGER PO BOX 385 EDWARDS CO 81632 OWNER BTR HOLDINGS LLC 22141 BEARTOOTH DR GOLDEN CO 80403 Project Address:2985 BOOTH CREEK DR VAILLocation:UNITS 1 & 2 Legal Description:Lot:4Block:6Subdivision:VAIL VILLAGE FILING 11 Parcel Number:2101-034-0600-1 2101-034-0600-2 Comments: BOARD/STAFF ACTION Motion By:PlanteAction:APPROVED Second By:DuBois Vote:2-1-1Date of Approval:07/23/2010 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 (PLAN): DRB approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS. Cond: 202 (PLAN): Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Planner:RACHEL FRIEDEDRB Fee Paid: $300.00 Section 14 -7 -2: OTHER REQUIREMENTS: A. Wetlands: If staff determines that wetland vegetation exists on the site a report conducted by a qualified environmental consultant delineating wetland areas must be submitted to the town of Vail and the army corps of engineers in conjunction with a design review board or planning and environmental commission application. Approval from the army corps of engineers must be obtained prior to building permit issuance. Chapter 12 -10: DESIGN REVIEW STANDARDS AND GUIDELINES 14 -10 -1: PURPOSE: This chapter provides the design review standards and guidelines for development in the town of Vail. Actions of the staff and the design review board shall be guided by the objectives prescribed herein, the Vail Village urban design considerations and guide plan and the Lionshead redevelopment master plan, and by all of the applicable ordinances of the town and by the design guidelines in this chapter. 14 -10 -2: GENERAL COMPATIBILITY: A. Structures shall be compatible with existing structures, their surroundings, and with Vail's environment. It is not to be inferred that buildings must look alike to be compatible. Compatibility can be achieved through the proper consideration of scale, proportions, site planning, landscaping, materials and colors, and compliance with the guidelines herein contained. B. Any building site in Vail is likely to have its own unique landforms and features. Whenever possible, these existing features should be preserved and reinforced by new construction. The objective is to fit the buildings to their sites in a way that leaves the natural landforms and features intact, treating the buildings as an integral part of the site, rather than as isolated objects at odds with their surroundings. 14 -10 -3: SITE PLANNING: A. The location and configuration of structures and accessways shall be responsive to the existing topography of the site upon which they are to be located. Grading requirements resulting from development shall be designed to blend into the existing or natural landscape. Any cuts or fills shall be sculptural in form and contoured to blend with the existing natural undisturbed terrain within the property boundary. B. Building siting and access thereto shall be responsive to existing features of terrain rock outcroppings, drainage patterns, and vegetation. C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased or those essential for creating defensible space. Mitigation may be required for tree removal. D. All areas disturbed during construction shall be revegetated. If necessary, the design review board may designate allowable limits of construction activity and require physical barriers in order to preserve significant natural features and vegetation upon a site and adjacent sites during construction. . . ' .. - ' -; - i Department of,Community Development : ` 1-> r 1 ' ° : , 75 South Frontage Road -., f ` ' ,- ' Vaii; orac ;. ;• ,.;,,„..,,,,,„.,..., ... , ..„ ,.... • ,,,,,.....,,,,, :9 .,i.- ". 1 . De en a xe ` TRANSMITTAL FORM Revision Submittals: 1. "Field Set" of approved plans MUST accompany revisions. 2. No further inspections will be performed until the revisions are approved & the permit is re- issued. 3. Fees for reviewing revisions are $55.00 per hour (2 hour minimum), and are due upon issuance. 7- Zo -(,d Permit #(s) information applies to: Attention: (Vi Revisions DRS SUBMITTAL. ( ) Response to Correction Letter i PARCEL NUMBERS RACHEL FR I EPE attached copy of correction letter 21 01034 0!0001 ( ) Deferred Submittal 1101034 06 002. O Other Project Street Address: 2.9 85 BOOTH CREEK DRIVE Description / List of Changes: (Number) (Street) (Suite #) Y41C FOLLOWiII4 DRAW t 4 4S N AYE Building /Complex Name: REV 64 1414 RESIDENCE BEE11 REV t5 ED - REFE.vt T o AT'T AC.. W E O DE`acR 1 PT 1 b a o+ Contact Information: G NA1 -IGtES Company: ARCHITECTURAL SERVICES P. C. Company Address: P• O • LOX 3 8S P Y City: ED t4AR 17 S State: CO Zip: 8143 2 A -1 SITE PLAI,I Contact Name: DAIJ1.t Y 5 W ERTFE4ER A-2 L A1.10 6ctq�C wc.gt3 /A-? Bu t LO 1,1 L E e.V A T I O N Contact Phone: (970) 1240 -7605 S : E -Mail M PC -175 Q CENTVR•(TEL . WET A -6 i Revised ADDITIONAL Valuations (Labor & Materials) (DO NOT include original valuation) Al$ v AT Tu}CL Elp =to 44c u45 T At,t_J XCE VTh.ITy Sit - 0FF' fog KA.5 Building: $ I (use additional sheet if necessary) Plumbing: $ Date Received: Electrical: $ E © E V IE Mechanical: $ I D I Total: $ ' JUL 2 0 2010 i � ti TOWN OF VAIL *' - ire --- ATTACHMENT TO TRANSMITTAL FORM DESCRIPTION OF CHANGES 7 -20 -10 Reusswig Duplex Remodel - Parcel No. - 210103406001 and 210103406002 The following are the changes as suggested by the Design Review Board A. A -1 — PROPOSED SITE AND GRADING PLAN For clarity not all the changes have been clouded on the plan. They are listed in the lower right hand corner of the sheet. 1. The west unit driveway has been reconfigured with the hammerhead and grass block having been deleted. 2. The proposed boulder retaining wall on the east side of the west driveway has been deleted. 3. The area of impact to the wetlands been reduced by +/- 37% from the original amount to be impacted and the grading on each side of the driveway has been adjusted. 4. The stuccoed piers at the entry to both driveways have been shifted to be 10' away from the edge of roadway asphalt. 5. The existing 1' dia. iron pipe culvert at the west driveway has been replaced with a new 18" dia. CMP. 6. The Limit of Disturbance line has been adjusted for other changes made. B. A -1 — PROPOSED LANDSCAPING PLAN For clarity not all the changes have been clouded on the plan. They are listed in the lower right hand corner of the sheet. 1. The west unit driveway has been reconfigured with the hammerhead and grass block having been deleted. 2. The proposed boulder retaining wall on the east side of the west driveway has been deleted. 3. The area of impact to the wetlands been reduced by +/- 37% from the original amount to be impacted, the sod and mulch has been deleted, the area of native grasses has been reduced, and portions of filled areas to be revegetated with willows has been increased with the grading on each side of the driveway has been adjusted. 4. The stuccoed piers at the entry to both driveways have been shifted to be 10' away from the edge of roadway asphalt. 5. The existing 1' dia. iron pipe culvert at the west driveway has been replaced with a new 18" dia. CMP. 6. The Limit of Disturbance line has been adjusted for other changes made. C. A -7, A -8 and A -9 PROPOSED BUILDING ELEVATIONS 1. The painted manufactured fiber cement panels replaced with painted 1x6 T &G butt joint smooth cedar siding with a ' /2" tall channel at every 4 board in Revision No. 2 has been returned and wood siding has been deleted. 2. The painted 1x4 T &G V- Groove cedar soffit boards replaced with painted 5/8" exterior gypsum sheathing in Revision No. 2 has been returned and the gypsum sheathing has been deleted. UTILITY APPROVAL & VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and schedul- ing Installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for ap- proval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPA- NIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: 295 CRC <` Q ( Lot Block Subdivision: Primary Contact / Owner Representative: Phone: Plans Dated: Primary Contact /Owner Representative Signature Authorized Signature Comments Date QWEST 970.468.6860(tel) 970.468.0672(fax) Contacts: Samuel Tooley dam eu Ltoole .a - t. om XCEL HIGH PRESSURE GAS 970.262.4076 (tel) 970.468.1401 (fax) Contact: Rich Sisneros richard.sisneros�a xc- - er '.com_ HOLY CROSS ENERGY 970.947.5471 (tel) 970.945.4081 (fax) Contact: Diana Golis dgolis @holycross.com XCEL Energy 970,262.4038 (fax) 970.262.4024 (tel) Contacts: Kit Bogert Kathryn.Bogertt7a xcelenergy.com EAGLE RIVER WATER & SANITA- TION DISTRICT 970.476.7480 (tel) 970.476.4089 (fax) Contact: Fred Haslee fhaslee(a)erwsd.orq COMCAST CABLE C A 17- OW L (,J 0 2 970.619.0752 (tel) 970.468 -2672 (fax) C` SfQ i Ci AC-CC-5' � 5 7() Contact: Tony Hildreth CASE 01 r 5 f( tony_hildreth @cable.comcast.com CDOT (Only in CDOT Right -of -way) 970.683.6284 (tel) Contact: Dan Roussin Daniel.roussin@dot.state.co.us NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right -of -Way Permit may be required for any improvements within a street right -of -way. Contact the Public Works Department for verification 970.479.2198. 3. It Is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re- approval & re- verification if the submitted plans are altered In any way after the authorized signature date. 03- Mar -10 1LVtKIIIUKIVt tir rax May 10 2010 6 ;53 P.01 X ce lE nergy sM PUBLIC SERVICE COMPANY FAX TRANSMISSION DATE: 05-- TO: TELEPHONE NO: ?7o- BcfS- loot FAX NO: y7O Fq 97? FROM: Richard J. Sisneros TELEPHONE NO: 970 - 262 -4076 or 970 - 371 -9677 FAX NO: 970 - 468 -1401 richard.sisneros©xcelenergy. com SUBJECT: NUMBER OF PAGES (INCLUDING COVER SHEET): 2-- MESSAGE OR SPECIAL INSTRUCTIONS: 4L, k i eelhetAieA irth- P 6 sft , .at A /t /0 /14,A,7- 7a 1 ZIt 61, ,17t / / t Sc , I (� AiC(tf ntS 02 lrG r9� W i f i k u / S -- L 7 n1 C f1S /4904 ,9 77(7-S �lG(� The information contained in this facsimile message is CONFIDENTIAL information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by telephone. Thank you. 1LVt_KIttUKNt_ iii'' I-ax:1(U4bs1LiU1 May 10 2010 6:54 P.02 05/137/20!0 15:22 9708459979 NEDBO CONSTRUCTION PAGE U1/ Liz UTILITY APPROVAL & VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used In conjunction with preparing your utflty plan and schedul- ing installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the Following utilities for ap- proval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPA- NIES. Tf you are unable to obtain comments within that tlmeframe please contact The Town of Vail. Subject Property Address: 2.9 £ Ge441, Kick Dt-i tot C( Block Z_ Subdivision: L•j U (( adte EleWeL - Primary Contact / Owner Representative: 1 �edX C f'rt"c o v\ Phone: % CT" - 10 °1 • g to ve\Gh -Ail / 1'.v Plans Dated: G f -Z C AP Primary Contact/ $ 116 r Representative Signature • 6 Authorized Signature Comments Date QWEST' - 970.468.6860(tel) 970.468.0672(fax) Contacts! Samuel Tooley s4muel. tooleve gwest.com XCEL HIGH PRESSURE GAS FtNi a4 C614.414'4 — n3 � 970.262.4076 (tai) l t75 970.468.1401 (fax) (j,ll l / �+1tP�rc.r to �e�R I{-Q Get- -S /4), Rich Sisneras �J� 4(.4,4_10 DA 112.• . (a)• 2pl nchardsiisneros0Xceienergv corn HOLY CROSS ENERGY 970.947.5471 (tel) 970.945.4081 (fax) Contact: Diana Galls ,dgolls@holycross.com XCEL Energy 970.262.4038 (fax) 970.2614024 (tel) Contacts: Kt Bogert 1 A '•• :.' �. L. 1! EAGLE RIVER WATER & SANITA- TION DISTRICT 970.476.7480 (tel) 970,476.4089 (fax) Contact: Fred Haslee jj ggf. Nerwsd.oro COMCAST CABLE 970,619.0752 (tel) 970.468-2672 (fax) Contact Tony Hildreth tony_hildreth@cable.comcast.com CDOT (Only In CDOT Right -of -way) 970.683.6284 (tel) Contact: Dan Roussin Danlelroussin@cioLstate,co.us NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right -of -Way Permit may be required for any improvements within a street right -of -way. Contact the Public Works Department for verification 970.4791198, 3. It Is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative Is required to submit any revised drawings to the above agencies for re- approval & re- verification if the submitted plans are altered in any way after the authorized signature date. 03 -Mar -7 0 i Ix f t � � De of,Communi <D ve�loprnen ti , , r 4 , 75 South Frpntage 11 & E _ e TRANSMITTAL FORM Revision Submittals: 1. "Field Set" of approved plans MUST accompany revisions. 2. No further inspections will be performed until the revisions are approved & the permit is re issued. 3. Fees for reviewing revisions are $55.00 per hour (2 hour minimum), and are due upon issuance. 7- 21 -1° Permit #(s) information applies to: � Attention: O Revisions �` PAR CEL 4JU m SIRS EL FR IEDE () Response to Correction Letter R AG N attached copy of correction letter 21010 34 0 G. o 01 O Deferred Submittal 2101 034 o G ooz (y - Other ,Rcq uE'TEO I t.t CWt l ^Tta 01 Project Street Address: z Be CREEK DRIVE ATTAGI.1� (Number) (Street) (Suite #) s s Building/Complex Name: Re t" $•3 W 16 RE5 (PI IC.E A fL.LcaT1 nN -1 o AIt'Z1M' cf cog f' or Et -t4t a.4eEa-s Contact Information: Company: ARC. 4►TEC-VUR.PL 5ERV1(.E5 P. c. .. S Company Address: P U• sox 3 8 5 City: EDWAR05 State: GO Zip: 81 4 , 22 Contact Name: DANNY £I 4ERT FGlaE e._ i. I ' Contact Phone: (4A 70 ) C 1 ( 1 , - 7465 - E -Mail MP-- 95 a cCu1RYTEt . NET i Revised ADDITIONAL Valuations (Labor & Materials) (DO NOT include original valuation) a I z Building: $ I (use additional sheet if necessary) Plumbing: $ Date Received: Electrical: $ Mechanical: $ Total: $ A lta A lpineEco February 23, 2010 Mr. Nick Mezei U.S. Army Corps of Engineers 400 Rood Avenue, Room 142 Grand Junction, CO 81501 -2563 Subject: Request for Authorization of Nationwide Permit No. 29 for the Reusswig Property in Eagle County, Colorado Dear Mr. Mezei: I am requesting authorization of Nationwide Permit (N WP) No. 29 for improvements to the Reusswig Property in East Vail in Eagle County, Colorado. The project involves the construction of a new driveway across a wetland. The following text and attachments should provide the necessary information to authorize the permit: Applicant Ms. Emy Reusswig 2985 Booth Creek Drive Vail, CO 81657 970 - 476 -7526 Project Location The 0.36 acre study area is located east of the town of Vail in Eagle County, Colorado (Figure 1). It is situated immediately south of 1 -70 approximately 150 feet west of Booth Creek and approximately 200 feet north of Gore Creek (Figure 2). The site can be found on the Vail East, Colorado US Geological Survey 7.5- minute quadrangle. It is located in Township 5 South, Range 80 West, and Section 2, and has the following coordinates: • Universal Transverse Mercator (UTM): 13 386584, 4389379 (NAD 83) • Latitude /Longitude: 39.6467 ° N, 106.3219° W Project Description The project involves the remodel of an existing wood framed residential duplex. The remodel includes a new garage and living space being added to the east unit. In order to access the new garage, a new asphalt paved driveway to Booth Creek Drive is needed. Methods I walked the entire study area on October 17, 2009 to identify wetlands and other waters of the US. Wetlands were delineated within the defined study area using procedures outlined in the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountain. Valleys, and Coast Region (Corps 2008). This involved a detailed examination of plants, soils, and hydrologic indicators. All the plant nomenclature in this letter and its attachments follow the Plants Database website (NRCS 2010). Alpine Ecological Resources, LLC 1127 Adams Street • benver, Colorado 80206 - 303.859.1475 - www.alpine- eco.com Page 2 of 6 I ll A lpineEco General Site Description The study area is located along 1 -70 between Gore and Booth Creeks at approximately 8,400 feet above mean sea level in the Sedimentary Subalpine Forests of the Southern Rockies Ecoregion (EPA 2010). The site is also in the Southern Rocky Mountains Major Land Resource Area (MLRA) of the Rocky Mountain Range and Forest Land Resource Region (LRR) (MRCS 2006). The eight digit hydrologic unit code (HUC) is 14010003 (Eagle). The area is generally characterized by relatively open residential development situated on naturally sub - irrigated floodplain with scattered wetland and riparian habitat. Wetland Description One wetland encompassing 0.15 acre or 6,617 square feet (sf) was delineated in the 0.36 acre study area. This wetland encompasses most of the undeveloped portion of the existing lot between Booth Creek Drive and the embankment for 1 -70 (Figure 2). The wetland is classified according to Cowardin, et al. (1979) as dense palustrine scrub /shrub (PSS), with some very small open areas. The wetland appears to be part of the historic Booth Creek and/or Gore Creek floodplain that was modified by construction of I -70 and residential development. The current 100 -year floodplain as interpolated from flood insurance maps is shown on Figure 2. The wetland is expected to be jurisdictional under Section 404 of the Clean Water Act since it has two "continuous surface connections" (culverts) to Gore Creek which is a "relatively permanent" non - navigable tributary to the "traditional navigable" Eagle River. A summary of the wetland follows and more information can be found on the Wetland Determination Data Forms in Attachment A. Photographs of the site are in Attachment B. Vegetation The wetland is generally dominated by relatively dense park willow ( Salix monticola) with an understory of twinberry honeysuckle (Lonicera involucrata) and widely scattered Canada thistle (Cirsium arvense) and liverleaf wintergreen (Pyrola asarifolia). Other common wetland plants include Drummond's willow (Salix drummondiana), field horsetail (Equisetum arvense), and common cowparsnip (Heracleum maximum). The wetland is very well defined as a result of relatively steep banks and historic disturbances. The wetland boundary on the south side is characterized by dense smooth brome (Bromus inermis) and quackgrass (Elymus repens) along the edge of Booth Creek Drive (Photos 1 and 3 in Attachment B). The north boundary is somewhat less distinct due to gentler topography and is dominated by quaking aspen (Populus tremuloides) with an understory of smooth brome, quackgrass, and scattered twinberry honeysuckle. Hydrology The water for the wetland appears to be provided by high groundwater associated with Booth Creek and supplemented by direct snowmelt. No surface water was observed in the wetland, but evidence of flowing/standing water was present and soils were saturated at a depth of 5 inches. Wetland hydrology indicators observed include saturation (A3) and drift deposits (B3). Alpine Ecological Resources, LLC 1127 Adams Street - Denver, Colorado 80206 303.859.1475 www.alpine eco.com Page 3 of 6 ' AlpineEco all Soil According to the Web Soil Survey (NRCS 2010a), the soils in and near the site have not been mapped. One soil pit was excavated in the wetland and revealed a hydric soil. The profile had a silty clay loam surface layer with a depleted matrix (F3) underlain by a loamy sand (below 10 inches) with scattered cobble throughout. Adjacent upland soil is a silty loam, but not depleted. Functions Based on the Montana Wetland Assessment Method (Berglund and McEldowney 2008), the primary functions provided by the wetlands in the study area are groundwater discharge, short-term surface water storage, and production export/food chain support. These functions are a result of the wetland being supported by groundwater, being situated in a topographic depression with restricted outlets, and having a relatively dense and diverse wetland vegetation community that is connected to another waterbody (i. e. Gore Creek). Project Impacts Impacts to waters of the US have been avoided and minimized to the maximum extent practicable by: • Keeping the width of the driveway and the associated grading to the minimum needed • Situating the driveway in an area where the wetland is narrow • Installing a new 18 -inch corrugated metal pipe (CMP) culvert under the driveway to keep the two remaining portions of the wetland hydrologically connected. Unavoidable impacts include the permanent loss of 0.05 acre or 2,135 sf of the wetland associated with the dredging of 32 cubic yards (cy) of existing wetland soil under the driveway and the placement of 270 cy of fill (asphalt, gravel, rock, and soil) for the construction of the driveway. The net quantity of fill in the wetland would be 238 cy. The drawing in Attachment C shows the extent of the impact and Table 1 summarizes the impacts. Table 1: Impacts to Waters of the US Wetlands Quantity Type of Fill (cy) Water of Permanently of the US Lost Dredging Asphalt Gravel Rock Soil Total Net (sf) (cy) Fill Fill Wetland 2,135 32 3 9.8 11.2 246 270 238 Additional information regarding project impacts can be found on the Preconstruction Notification (PCN) Form in Attachment D. Threatened and Endangered Species (TES) No TES are expected to be adversely impacted as a result of the project. Cultural Resources No cultural resources are expected to be adversely impacted as a result of the project. Alpine Ecological Resources, LLC 1127 Adams Street - Denver, Colorado 80206 • 303.859.1475 • www.alpine- eco.com Page 4 of 6 it, AlpineEco l i Schedule The preferred project schedule would be to begin construction in August 2010. Compensatory Wetland Mitigation In order to compensate for the 2,135 sf of wetlands permanently lost as a result of the project, the remaining wetlands will be enhanced by planting various native shrubs. The plantings will be placed in wetland areas north and east of the new driveway (but not within 20 feet of Booth Creek Drive) and will consist of approximately 50 willows and 30 other shrubs as listed in Table 2. Table 2: Shrubs to be Planted for Compensatory Mitigation Common Name Scientific Name Quantity General Planting Location Shrubby cinquefoil Dasiphora fruticosa 10 Small openings along wetland edge in areas seasonally saturated Prickly currant Ribes /acustre 10 Small openings along wetland edge in areas seasonally saturated Twinberry honeysuckle Lonicera involucrata 10 Small openings along wetland edge in areas seasonally saturated Small openings in wetland or along Park willow Salix monticola 25 wetland edge where soil is permanently or seasonally saturated Small openings in wetland or along Drummond's willow Salix drumnrondiana 25 wetland edge where soil is permanently or seasonally saturated Total 80 All shrubs will be 1- gallon (or similar) containerized plants and will be planted in wetland areas selected by a qualified ecologist. Willows could be salvaged from the impact area if they can be cut and planted when dormant, but not when the ground is frozen or snow covered. If cuttings are to be used, they will be harvested while dormant, stripped of all branches, and cut into 3 -foot long segments with a 45 degree angle cut on the rooting end. The cuttings will be placed into water within 2 minutes of cutting and soaked (completely submerged) for at least 48 hours prior to planting. The cuttings will be kept wet until placed into the ground and will not be allowed out of water for more than 10 minutes during planting. They will be planted by pushing them into the ground (angled end first) as far as possible. All cuttings will be trimmed after installation to ensure that no more than 12 inches is left above ground. Photographs of the planting areas will be taken before, during, and after planting for submittal to the Corps and all plantings will be supervised by a qualified ecologist. Alpine Ecological Resources, LLC 1127 Adams Street • Denver, Colorado 80206 • 303.859.1475 • www.alpine- eco.com Page 5 of 6 AlpineEco itev Other Mitigation Measures In addition to compensatory mitigation, the following mitigation measures will be employed during construction to minimize adverse impacts to waters of the US: • Unnecessary impacts will be avoided by placing silt fence, erosion logs, or other fencing at the limits of permanent wetland impacts during construction. • There will be no vehicle access in wetland areas outside the limits of permanent impacts. • Best Management Practices (BMPs) will be used during all phases of construction to reduce impacts from sedimentation and erosion, including the use of berms, brush barriers, check dams, erosion control blankets, erosion logs, filter strips, sandbag barriers, sediment basins, silt fences, straw -bale barriers, surface roughening, and /or diversion channels. • Equipment will be refueled in designated contained areas, a minimum of 50 feet from wetlands and other water features. Conclusion I am requesting authorization of N WP No. 29 for the permanent loss of 2,135 sf of waters of the US as the result of the placement of 238 cy of fill material for a new driveway. No TES or cultural resources are expected to be impacted as a result of the project. Compensatory wetland mitigation includes the planting of 80 native shrubs on -site in the remaining undisturbed wetland. If you need additional information or have questions, please contact me at 303.859.1475 or andvherb @alpine - eco.com. Sincerely, Andy Herb Ecologist /Owner CC: Ms. Emy Reusswig Mr. Danny Swertfeger, Architectural Services Attachments: Attachment A— Wetland Determination Forms Attachment B —Site Photographs Attachment C— Construction Drawings Attachment D— Nationwide Permit PCN Checklist References Berglund, J. and McEldowney, R. 2008. Montana Wetland Assessment Method. Prepared for the Montana Department of Transportation. PBS &J. March. Alpine Ecological Resources, LLC 1127 Adams Street Denver, Colorado 80206 - 303.859.1475 - www.alpine- eco.com Page 6 of 6 ` {T A lpineEco Cowardin, Lewis M., Virginia Carter, Francis C. Golet, and Edward T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Department of the interior, Fish and Wildlife Service, FWS /OBS- 79/31. Environmental Protection Agency (EPA). 2010. Website: http: / /www.epa.gov /wed /pages /ecoregions /co eco.htm. Accessed in February. Natural Resources Conservation Service (NRCS). 2006. Land Resource Regions and Major Land Resource Areas of the United States, the Caribbean, and the Pacific Basin. United States Department of Agriculture Handbook 296. NRCS. 2010. Plants Database. Website: http: / /plants.usda.gov /plants /index.html. Accessed in February. NRCS. 2010a. Web Soil Survey. Website: http: / /websoilsurvey.nres.usda.gov /app /. Accessed in February. US Army Corps of Engineers (Corps). 2008. Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region. US Army Engineer Research and Development Center. ERCD /EL TR- 08 -13. April. Alpine Ecological Resources, LLC 1127 Adams Street • Denver, Colorado 80206 303.859.1475 • www.alpine- eco.com Map Extent ` `r. - - - � � / A G� C o ( L ; Project Location MINTURN f I s A Rewussig Property AlpineEca 0 0.5 1 2 3 Figure 1 Miles Project Location 02/17/2010 0 ., o > N N Q N CL O N o a °' -0 = C C7) CO � iL m N Lt I i a! C Q r \ ,,,,-- ,.._......c., I , .(. h k., , ii . rD 65, j _ \ o o r I I ti \ r e ° \ \ O \ O n- M it I l'_'' t / �'n�� w D N C .\ - J 1 Y � 1( U I , a � , i o i ' < O w J J f. CU Lc) r 0 } O ,t. N n Attachment A Wetland Determination Forms WETLAND DETERMINATION DATA FORM — Western Mountains, Valleys, and Coast Region Project/Site. �t °t fig.--A). City /County: V� / I /Fn.) /�. 9 Applicant/Owner: Pat. # 1: / 1 . ` ,,, e Sampling Date: A 7�0 ,� r J I .,! State: Sampling Point: ,,bP- / k/ J Investigator(s): r' / p /14-,--L Section, Township, e: p. g TSS, R p'o W .c cc, 2 Landform (hillslope, terrace, etc.): 14rv<+ f /fe �r Local relief (concave, convlex, none): CG~n C_a l /� Slope ( /o): Subregion (LRR): ' % . IL ,- + FY Lat: 39. 4 'Hi 7 AJ,D 4 Lohg: d C ' . 3 2 - 1 Datum: s Soil Map Unit Name: �fv p ^ Ho M di t I NWI classification: PSf Are climatic/ hydrologic conditions on the site typical for this time of year? Yes No I (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Norrhal Circumstances" present? Yes ✓ No Are Vegetation , Soil , or Hydrology naturally problematic? (If needeci, explain any answers in Remarks ) SUMMARY OF FINDINGS — Attach site map showing sampling point locat transects, important features, etc. Hydrophytic Vegetation Present? Yes \<,- No Is the Sampled Are • Hydric Soil Present? Yes Jf No / Wetland Hydrology Present? Yes J No within a Wetland? Yes v No Remarks: �.,,�^ ;� 4 E f a r ,`'f fr '� I S R r' _ L , ail , cr..t.�l..k �(aV.l Q e) ! C. ->-�3 ell - At Nom, ,7 676 o e. VEGETATION — Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status 1. Number of Dominant Species _.---- That Are OBL, FACW, or FAC: (A) 2. 3, Total Number of Dominant 4 Species Across All Strata: 4 (B) °Total Cover Percent of Dominant Species Sapling /Shrub Stratum (Plot size: , r°-,4e='-',3) That Are OBL, FACW, or FAC: 50 (NB) 1. , i x (.. cr>°R. 7O OA_ Prevalence Index worksheet: 2. La"1r��rz. +nun(N[ti' `h 2° �/ FA-e_ Total % Cover of: Multiply by 3. J OBL species 7o x 1 = '70 4. FACW species 0 x 2 = t? 5. p FAC species aV x 3 = 7n ( 9 = Total Cover 'Kb FACU species /a x4 = 90 Herb Stratum Plot size. S r- (.'mot ) 1. (t _H 0^'i a L - � ., UPL species x 5 = 2. r� aSttnras+ yy 17 { Column Totals /0/ (A) /fj?. -- (B) 3. ; r1 g vv tc � f,/ e l {`Ac L Prevalence Index = r' B/A = , 7S 4. k� (irxG /G.4rt'1 May 41 K el Z 0 kC_ Hydrophytic Vegetation Indicators: 5 I Dominance Test is >50% 6. ✓;'Prevalence Index is s3.0' 7" _ Morphological Adaptations' (Provide supporting 8. data in Remarks or on a separate sheet) 9. _ Wetland Non- Vascular Plants' 10, _ Problematic Hydrophytic Vegetation' (Explain) 1 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 11 = Total Cover 7/7 Woody Vine Stratum (Plot size: J r f ) 1. r ---�' Hydrophytic 2. / Vegetation u Present? Yes + No +'' 30 /p l = Total Cover % Bare Ground in Herb Stratum Remarks: t to eS S b'1/ . -5 f'` tR — „c, a'to r `'i - 024t. -r- 4' f� v ,%v 1n f l p 4.4_ ''J V.[... - �. .r e-4 ,f '- US Army Corps of Engineers Western Mountains, Valleys, and Coast - Interim Version I i 1 SOIL Sampling Point: De - I Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix inches Color moist % Redox Features I �o Color (moist) % Type Loc � - f c7 D !C q- 1 r `�_ — i�exture Remarks / - L=_49_ � i OD S, c�a �agya� cwt C�L b�e /a___� So'v, 4 , S 4 ' 1 i 1 I I ■ 'T •e: C= Concentration, D= Deletion, RM =Reduced Matrix, CS= Covered or Coated Sand Grains 'Location: PL =Pore Lining, M= Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted. _ Histosot (Al) ) 1 Indicators for Problematic Hydric Soils': Sandy Redox (55) 1 ` 2 cm Muck (A10) Histic Epipedon (A2) Stripped Matrix (S6) Black Histic (A3) Loamy Mucky Mineral F1 : — Red Parent Material (TF2) ( ) (except MLRA 1) 1 — Hydrogen Sulfide (A4) Other (Explain in Remarks) Loamy Gleyed Matrix (F2) _ Depleted Below Dark Surface (A11) ✓ Depleted Matrix (F3) Thick Dark Surface (Al2) Redox Dark Surface (F6) Sandy Mucky Mineral (S1) Depleted Dark Surface (F7) • 'Indicators nd h dro hydrology must t b vegetation and S4 wetland hydrology must be present, — Sandy Gleyed Matrix (S4) Redox Depressions (F8) Restrictive Layer (if present): unless disturbed or problematic. Type: Depth (inches): Remarks: Hyidric Soil Present? Yes No CO 4I e_ 7L- e ; ) -k 1 1 HYDROLOGY r Wetland Hydrology Indicators: I Primary Indicators (minimum of one required; check all that apply) j -i Secondary Indicators (2 or more required) Surface Water (Al) _ Water - Stained Leaves (B9) (except MLRA Water- Stained Leaves (B9) (MLRA 1, 2, _ High Water Table (A2) 1, 2, 4A, and 4B) %. Saturation (A3) Salt Crust (B11) I 4A, and tte Water Marks (81) _Drainage Patterns (810) Aquatic Invertebrates (B13) Dry- Season Water Table (C2) Sediment Deposits (B2) Hydrogen Sulfide Odor (C1) • _ Saturation Visible on Aerial Imagery (C9) V Drift Deposits (B3) Oxidized Rhizospheres along Living Roots C3 9 9 ( ) Geomorphic Position (D2) Algal Mat or Crust (B4) Presence of Reduced Iron (C4) 1 ( ) ShallowAquitard (D3) Iron Deposits (B5) Recent Iron Reduction in Tilled Soils (C6) 1 — Surface Soil Cracks FAC- Neutral Test (05) _ Stun or Stressed Plants (D1) (LRR A) I B6 ( ) Raised Ant Mounds (06) (LRR A) Inundation Visible on Aerial Imagery (87) — Other (Explain in Remarks) 1 Frost -Heave Hummocks (07) Sparsely Vegetated Concave Surface (138) 1 Field Observations: Surface Water Present? Yes No ✓ Depth (inches): I Water Table Present? Yes No V Depth (inches): / Saturation Present? Yes No Depth (inches): 5 I Wetland Hydrology Present? Yes `� No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available AJA- Remarks: _ F F ✓ C.u„.„ ,f f ( /a t i - .i --.�, (Jr, if gcic f , / c#p@ � 4 / i /7,7 5 -, c ,,,,,A_r? i i, ) 11, ( - t i J 4 1 5 5 o (. / J -b � i 1 . 6 - - t , i ( 4. O t N F W W , . ' � T "'� ( / J y c-46 1 Ft i ff . C 11 n� CA -C G - r , ► - . Cr"--1.44‹ , J c i US Army Corps of Engineers Western Mountains, Valleys, and Coast - Interim Version / W f WETLAND DETERMINATION DATA FORM - Western Mountains Valleys, and Coast Region Project/Site: /Z f_.t , '- City /County: _ Vo r/ /&/ Sampling Date: /, // 7 / °`' Applicant/Owner: �i *' rfrt ) � f f cur Sta te: CO Sampling Point: 6/ / u Investigator(s): A vim` _7 s j Section, Township, Range: ;! c.S /e.‘04- , Z Landform , terrace, etc. hillslo e /� u-5 e �r ( p etc.): Local relief (concave, convex, hone): G��'` "• e "'c' �- /CA} - Slope ( %): Subregion (LRR): �r lY1 . �/ r� « � ' [ f Lat. 39. 6 9w 7 Long: /D - 3 Datum: 14 IJ Soil Map Unit Name: N�I a Nlc 1 NWI classification: ^ 1 Are climatic / hydrologic conditions on the site typical for this time of year? Yes V No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes " No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locatio transects, important features, etc. Hydrophytic Vegetation Present? Yes No v" I Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? / Yes No V Wetland Hydrology Present? Yes No ✓ Remarks: Fi e l f , riff, — i £7 4 l 3._ir' x t jl pie 4 -a, bs J . VEGETATION - Use scientific names of plants. Absolute Dominant Indicator Domihance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species / 1. — That Are OBL, FACW, or FAC: (A) 2. Total umber of Dominant 3 • Species Across All Strata: 3 (B) 4. Percent of Dominant Species = Total Cover That Are OBL, FACW, or FAC: �� (NB) - Sapling/Shrub Stratum (Plot size: S (0 - 1. 1 9 ) 1 1. LA,- l ten e 0 a- Y° 1/ OBL Prev Index worksheet: 2. / I.Otat % Cover of: Multiply by: 3. OBL S pecies x 1 = 4. FACW, species x 2 = 5.. FAC species x 3 = i/ = Total Cover FACT) species x 4 = Herb Stratum (Plot size: s r.-)- ) UPL species x 5 = 1. F44/41 (G4^'I S Yo y FAc>z Colurhn Totals: (A) (B) 2. �,,, 14 ; v - s at y u P� 3. /1*" - arts et eel #401116101'.4 ' S N FAC 1Prevalence Index = B/A = 4. Pr nIat, 4(41'R .a . L 14 FACIA Hydrbphytic Vegetation Indicators: 5 _ Dominance Test is >50% 6. — Prevalence Index is 53.0' 7. Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) 8 W 8. etland Non - Vascular Plants' • 10. problematic Hydrophytic Vegetation' (Explain) 11 - ' Indilators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. b S = Total Cover 73 1) 1 Woody Vine Stratum (Plot size: ) 1. _ Hydrophytic 2. Vegetation f Present? Yes No 1 SOS = Total Cover I % Bare Ground in Herb Stratum ''' Q i Remarks: Q SM* X ,‘,/ pi of Eire, a „.....6...i 0 k t j kil. i WGf/ 1 er - ►^''t . i US Army Corps of Engineers Wester Mountains, Valleys, and Coast - Interim Version SOIL ' Profile Description: (Describe to the depth needed to document the indicator or confirm th e absence of indicators.piing Point: Lir u Depth Matrix ) Redox Features (inches) Color (moist) % Color (moist) % — Type.' Loc2 L 0 — 8 10 y/4.1.12_ /O a Texture Remarks 'Z 1 • a Sir Y/3 _l.__ — /�, "� r I �� Dr y i 'Type: C= Concentration, D= Depletion, RM= Reduced Matrix, CS= Covered or Coated Sand Grains; 2 Location: PL =Pore Lining, M= Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted. Indicators for Problematic Hydric Soils': _ Histosol (A1) - Sandy Redox (S5) _ 2 cm Muck (A10) _ Histic Epipedon (A2) Stripped Matrix (S6) Red Parent Material (TF2) Black Histic (A3) Loamy Mucky Mineral pi) (except MLRA 1 H dro en Sulfide A4 ) Other (Explain in Remarks) Y 9 ( ) _Loamy Geyer' Matrix (F2) Depleted Below Dark Surface (A11) Depleted Matrix (F3) — Thid( Dark Surface (Al2) Redox Dark Surface (F6) 'Indicators of hydrophytic vegetation and Sandy Mucky Mineral (Si) Depleted Dark Surface (F7) wetland hydrology Gleyed Matrix (S4) Y ogy must be present, Sandy Y ( ) Redox Depressions (F8) unless disturbed or problematic. Restrictive Layer (if present): Type: Depth (inches): / Hydric Soil Present? Yes No V Remarks: a I r r 4 HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one required; check all that apply) Secondary Indicators (2 or more required) Surface Water (Al) Water - Stained Leaves (B9) (except MLRA i _ Water - Stained Leaves (B9) (MLRA 1, 2, — High Water Table (A2) 1, 2, 4A, and 48) 4A, and 4B) Saturation (A3) Salt Crust (B Drainage Patterns (B10) Water Marks (81) Aquatic Invertebrates (B13) j ^ Dry- Season Water Table (C2) Sediment Deposits (B2) _ Hydrogen Sulfide Odor (C1) 1 _ Saturation Visible on Aerial Imagery (C9) Drift Deposits (B3) _ Oxidized Rhizospheres along Living Roots (Ch) _ Geomorphic Position (D2) _ Algal Mat or Crust (B4) Presence of Reduced Iron (C4) . Shallow Aquitard (D3) Iron Deposits (85) ` Recent Iron Reduction in Tilled Soils (C6) FAC- Neutral Test (D5) Surface Soil Cracks (B6) Stunted or Stressed Plants (01) (LRR A) _ Raised Ant Mounds (D6) (LRR A) _ Inundation Visible on Aerial Imagery (87) _ Other (Explain in Remarks) _ Frost -Heave Hummocks (07) _ Sparsely Vegetated Concave Surface (B8) Field Observations: Surface Water Present? Yes No ‘/1 Depth (inches): Water Table Present? Yes No ✓ Depth (inches): Saturation Present? Yes No Depth (inches): Wetland Fjydrology Present? Yes No _ti/ (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: 4//4 Remarks: 6 ff ..t L' 7 eni�wr p ol l. ' /r° Ok i•t`'r ? r�i� 4,—tj ,{, 1 �' •� � trr -'-v fr 1 c l16 qS i r� i. ° r .fi e c :oa. -.-,( �.,, e ad!+ C,"4t.l�- _ � 1. 7 - / I US Army Corps of Engineers WestemMountains, Valleys, and Coast — Interim Version Attachment B Site Photographs , 3 1 AlpineEco Reussw Property Site Photographs (October 2009) p a F ' y ww y� , i h Y ,A � t A e f M `,47,4 F f l '°4 S j <n +P ,,„,..,,,.,5,,,,.,,,,t,:„..,. A , 1 4 u: , 4 .4 „ . .. „ ,. ‘7, 4 1 yy �S4 `� ; d ! � r L ; .i { y 4t q .! + , ,� /s+ � i , { r . , 4 :,,,, T` ! ,, f . 4 11 r� f . L p t �,,{ 4 14-2 i . ii -p '1 :t< , { i x "r � - 7 �f i ' . ' J ' i • i t x to tAf i '� + " K .44-1;i!...-', `.. 1. 1% 1111 iif11rk: r , z• J r 4 / fg r - - fl, '': , ;J � ,mo - lr s ,� t y C _ t ' �cr'} f )" i ?• * dg* 1. F e a , ,1 Photo 1 — Wetland area along Booth Creek Drive, looking northeast _ a 4 - rk t 1 Irtrj l , t r4 s c t 1 )li T `.T- , i k i: 4. h a I o oIt d 3: a,, v a j t1 " ` Ir {j ,gt y � a 1 , ' 1 ti . g C + t }� s r •.. q t t > 1 . a t'" .!7 f� p1 +� tt'•r y '- ",rr' k • v r' ; ` .. ''''''-' 1 k y� 0 ��i S L.tiY a,... , 0 ! 3' a gym' 't' -. s '� `�:.. ,::4 ,T ,,,,t , yi i r5 i Pr 1¢ "ti 14.4* ° Y \•, "A .. ' T" t . a r' # , A � ff3 �� ' �� , { #A �"'� r €; r ! y x 't4 ` t i � ,2.e 3 ''PA. ° y j, . ,, s � . � , �� - �. fli ,.4 a r 4,. 1,. 4 , R s�: ' . t � � `� l ,Ud � � �4A t ii Y i • 4 + { ! :. .+' � �,'. 1 k .;f.+�sRt . + :� -a a � � y - y Y �S +r p ` . R' '7 � "` , � S >4 ° 1 4 1 4, t#)' ." "" fir 4.1' ; ! . .' x a i s f ..:1 ° 3¢ . L yJ,, �+ } ' � . + \ � ' '. like' iii. � `, °`, t . � ,, y., (1 , i 'e _'F 1, 'it Photo 2 — Wetland area near DP -1W, looking northeast C IDocuments and Settings1Andy Herb \DesktoplAlpine Eco\Projects106- 020 - 034 -001 Reuss mg Property\Submitta11022210 Photo Log A lpineEco Reusswig Property rti Site Photographs (October 2009) i e t r .. 4 • • � X Y 4 4 ~ +Yl ` n17j , : MS .-� ' f ?y r V h M Photo 3 — Large park willow along Booth Creek Drive, looking southwest C' 1 Documents and Settings\Andy Herh1OesktopWpine Eco1Projects \06 -020- 034 -001 Reusswig Property \Submittal \022210 Photo Log.doc 2 Attachment C Construction Drawings o avaolo� 11vn 019E -9b (OLb) XYd 5091-9L6 (0Lb) NHd 9NI11d NLN3n313 39Y111n 1IYn L )10019 '1 O LE919 00,21010', • eNTAC ses xoe 'o d 3hRlQ > 3219 1 1002 Sgb PI v 7d' uses iva►i l►4 d - f3QOW321 X3TdfIQ 9IMSSf13�J 0 d a I , i o f 1 1. I s m s II J T I I ° fi t � ° il I ; r5/ i .,F 1 /. 11 ,, 9 1 11 ?i E E : I E 6 IP 6 f? 6 ! 3 ill ,, / is i is 0 I I � ■ k a 1 �- _ _ _ter �� ti — 11 '.' I:, r I L 1 � L_ 5 4 s :1 ' i ,, . 4 7 . %.,, ''':, I j ..,/, -- ----- v A 15: \ I ,', 4 ) , ,l' '-_-__--- --- ii - , \ . \ \ i l'' 9 1 -'-'11/,:-.--,41- „ \ \ - - -1 !giii IW Q �{. / 1 1 .. 8 � ' p § Q V • y l l V 1\ -:.� u II `t, �\ \ y F lli' om i s zz i g SS is .L. 1 I .. � 1 1 / — a \ n i� L • 31 + iSt' I 1 ` % I \ (� ,I . \ \ \ \ i i 3 r g i P ' , v " 1 s ~, _ _ r A \ ` 6 1 ■ 1 6 1 i oqg ii I- ,) s i I / i0 1 T', ; !i /Y �Ih -� �1` {-� H P 1- • 1 I �I n a $ a I 0� N g l. q ; I ao l l l 5 I ILO i .1 I !tilm) o" •I '11 1 ;ll •' I /' li 18 _ 11 lit I III; oh 38 / • Ili • I i o . \.I .' • . 16 I i i ' � b.l � ' • s��l oi • — _ 1 _ � 1 '/ �i 1 _ -' - r — s1"w�a.`� °l — ) / - 0- .1 g I n •� f I \ � �ya — — ... / • $ \ g R s ' ol II' •! 1 $ gy — 4 /" : r �\ , • is l 1 .. s / -- --- `� o •1 s \ Attachment D Nationwide Permit PCN Checklist 1 '.S, AFt13", Corps of Engineers 4 • A J1 ' ' South Pacific Division Nationwide Permit Pre-Construction Notifivation t PCN) Form Pri, filve' iAtegigrt rector ratrlu al ghe." \ ii 1k Vermit Ptuvt Itha nti SPY). :n014111% (,ti iald Ratpc'esei e4itK05 Please cosmdt if-tarok:is...1w, ViKtf to.'t crocorileimg ift.1 Wm* Sox 1 Project Name , Reutsw! Property Applicant Name Applicant Title EfTly fteosswig Ownet : Applicant Company, Agency, etc. , Appiicarit's interriai trariong number te xrf 1 . Mat Address 2q85 Boort Creek Wive, Vaii, CO 81657 Work. PhoriEt Art . .,..de. I Heinle Phone me trm co* Fax it Attt.iMi 6)W It -rna4 Adiir --- 970-476-7526 970-476-7526 , _ PReusig0e _.; - - Relationship of applicant to property: •rer 1 Purthaser 1.. 11..essee ' Other: L ........., ; . q ,..,..,.,_ Ap is "crobi reMle tor Yert6artion that subject regtiatecl &IhrItt eS aSSOCIated *It Subject titled uoury- for 4010...tttat gll L.Wdef a Cely, natifiViiide permit Or PernlitS clesated beteim 1 ‘.etf.1fy that 1 arri term:kat oath the into-riatuxt r.pritattle4 r. Ms aPPOCattal, itnd (hid 10 he best of my kririge ard bektf. ii,rdl Informal , r.utr-pirit. jetd accaate. 1 further aartity rrlat I persselis f.Nt aliVlOritY 10 trideittlrli the -;YupeJsed aerfrotties, 1 herd)). i eyrit T:: the a9r.rky to whim ttrs appliatIfin I. r1\111e., the r:ght to enter the atKAre etescribe0 toot orl to inspet.t the "Cr:4XWJelli s.! n i .,-.°r-r-cr.'1917:1‘. 1 A.a t _. t . N .'...! .rt *1/4 ;AI allW # ne i )T:Yllt: } S1/4PlitUrglit-4110111Cnt, , Da".! !,,,stp-rfr! .,..' „. --- t tiotizeci v kgeritioperater Name cirso esikertt it *slew fbr the" appAtlyst --- sfirOwy dhe oreefriflemelows) Andy Herb _ ___ Agent/Operator Title , Agent/Operator Company, Agency, etc. Ecologlet Alpinette _ . ..._....... tozitul Address '- 112/ ADAMS STREF DENVER, CO 80„206 ■1471... Phone is.t.” a-ro tale 1 Home Phone ....th 44 : Fax 2 :t foto men ald.:: E-mail Address 303-59-1475 ! 303-859-1475 andyherbaO t I _ i ece.corn ;-.:.,-.0.-7,. ib_litoetze tre )txYrri' 1111± ..1..i..F3 d9if WI t'rr al rlif tersaies r' ronmessier0' o( t; -14:4tali,sy . etit, tp ; zIrrtzttl. ur.c.1 request s'aperkrrA....-ft irtforrnaemi ,e lar.rpooro, or this is* ei4e. 4prirzeton. r tywietstaid ttuit I ,rr, tsounc t4, tie '. re zeryi : .....! tote I i, ft:::53473; !)- t.t4vce - . ;,:nr Tit iSlye I., CP Irly tffiet PIUS cirii — — .. . Signature Date ory,rifyrry) i,..._,.2: i 1 wily:Oat I attatarstilix-wittrthe inbrirteico roluttned in this apptrz,Ntert. and that tJ3 the bett$ of evv,. toosiedge mi i *fc ct2....._ _ .. 540 '.., of Otithetlied *gen /i e ,,,, ;it_ Dater97 \.....----"-- ''' Par I of ill ._, k.,,,,..1 ma :2. .1.rit f,,.= or ilita revem vottii.w.or2o lit * , - , t11 • C.tvl Dien # xtrditoe.. AtosKi Page 2 of 18 Revised May 22, 2009. For the most recent version of this form, visit your Corps Districts Regulatory website Box 3 Name of Property Owner(s), if other than Applicant: Owner Title Owner Company, Agency, etc. Mailing Address Work Phone with area code Home Phone with area code Box 4 Name of Contractor(s) (if known): Contractor Title Contractor Company, Agency, etc. Mailing Address Work Phone with area code Home Phone with area code Box 5 Site Number 1 of 1. Project location(s), including street address, city, county, state, zip code where proposed activity will occur: 2985 BOOTH CREEK DRIVE, VAIL, EAGLE COUNTY, CO 81657 Waterbody (if known, otherwise enter "an unnamed tributary to "):Booth Creek Tributary to what known, downstream waterbody:Gore Creek Latitude & Longitude (D/M/S, DD, or uTM): Zoning Designation (no codes or abbreviations): 39.6467, 106.3219 Assessors Parcel Number: Section, Township, Range: 2, T5S, R8OW USGS Quadrangle map name: Vail East, CO Watershed and other location descriptions, if known: HUC: 14010003 (Eagle) Directions to the project location: From Exit 176 on I -70, travel 2.8 miles east on I -70 South Frontage Road to Aspen Lane; turn right and travel east 0.2 mile to property Page 3 of 18 Revised May 22, 2009. For the most recent version of this form, visit your Corps Districts Regulatory website. Nature of Activity (Description of project, include all features, see instructions): THE PROJECT INVOLVES THE REMODEL OF AN EXISTING WOOD FRAMED RESIDENTIAL DUPLEX WITH A NEW GARAGE WITH LIVING SPACE ABOVE BEING ADDED TO THE EAST UNIT. IN ORDER TO ACCESS THE NEW EAST UNIT GARAGE, A NEW ASPHALT PAVED DRIVEWAY IS NEEDED. DRIVEWAY CONSTRUCTION WILL INVOLVE THE DREDGING OF EXISTING SOIL AND THE PLACEMENT OF ASPHALT, GRAVEL, SOIL, AND ROCK. Project Purpose (Description the reason or purpose of the project, see instructions): TO PROVIDE ACCESS TO THE NEW GARAGE AND LIVING SPACE. Page 4 of 18 Revised May 22, 2009. For the most recent version of this form, visit your Corps Districts Regulatory website. Use Box 6 if dredged and /or fill material is to be discharged: Box 6 Reason(s) for Discharge into waters of the United States: PLACEMENT OF FILL MATERIAL FOR NEW DRIVEWAY Type(s) of material being discharged and the amount of each type in cubic yards: Asphalt: 3 cy Gravel: 9.8 cy Rock: 11.2 cy Soil: 246 cy Total surface area in acres of wetlands or other waters of the U.S. filled (see instructions): 0.05 acre (2,135 square feet) Indicate in ACRES and LINEAR FEET (where appropriate) the proposed impacts to waters of the United States, and identify the impact(s) as permanent and /or temporary for each water body type listed below: Permanent Temporary Water Body Type Acres Linear feet Acres Linear feet Wetland 0.05 NA 0 NA Riparian streambed 0 0 0 0 Unveg. streambed 0 0 0 0 Lake 0 0 0 0 Ocean 0 0 0 0 Other 0 0 0 0 Total: 0.05 0 0 0 Potential indirect and /or cumulative impacts of proposed discharge (if any): None are expected. Required drawings (see instructions): Vicinity map: X Attached ( or mail copy separately if applying electronically) To -scale Plan view drawing(s): 151 Attached ( or mail copy separately if applying electronically) To -scale elevation and /or Cross Section drawing(s): Attached ( or mail copy separately if applying electronically) Page 5 of 18 Revised May 22, 2009. For the most recent version of this form, visit your Corps District's Regulatory website Has a wetlands /waters of the U.S. delineation been completed? Yes, Attached or mail copy separately if applying electronically) 1 1 No If a delineation has been completed, has it been verified in writing by the Corps? Yes, Date of approved jurisdictional determination (m /d /yyyy): Corps file number: M No Please attach one or more color photographs of the existing conditions (aerials if possible). f or mail copy separately if applying electronically Page 6 of 18 Revised May 22, 2009. For the most recent version of this form, visit your Corps District's Regulatory website. Dredge Volume: Indicate in CUBIC YARDS the quantity of material to be dredged or used as fill: 32 cy of dredging (wetland soil under driveway) and placement of 270 cy; net fill is 238 cy Indicate type(s) of material proposed to be discharged in waters of the United States: asphalt, gravel, rock and soil For proposed discharges of dredged material into waters of the U.S. (including beach nourishment), please attach a proposed Sampling and Analysis Plan (SAP) prepared according to Inland Testing Manual (ITM) guidelines (including Tier I information, if available). 2 or mail copy separately if applying electronically Is any portion of the work already complete? 1 1 YES IX NO If yes, describe the work: Box 7 Intended NWP number (lst)3: 29 Intended NWP number (2 " Intended NWP number (3rd): 'Enter the intended permit type(s). See NWP regulations for permit types and qualification information ( http: / /www.usace.army.mil /inet/ functions /cw /cecwo /req /nationwide permits.htm). Box 8 Authority: Is Section 10 of the Rivers and Harbors Act applicable ?: 1 1 YES IX NO Is Section 404 of the Clean Water Act applicable ?: YES 1 1 NO Box 9 Is the discharge of fill or dredged material for which Section 10/404 authorization is sought part of a larger plan of development ?: YES X NO If discharge of fill or dredged material is part of development, name and proposed schedule for that larger development (start -up, duration, and completion dates): Location of larger development (If discharge of fill or dredged material is part of a plan of development, a map of suitable quality and detail of the entire project site should be included): Total area in acres of entire project area (including larger plan of development, where applicable): 0.36 Page 7 of 18 Revised May 22, 2009. For the most recent version of this form. visit your Corps District's Regulatory website Box 10 Threatened or Endangered Species Please list any federally - listed (or proposed) threatened or endangered species or critical habitat within the project area (use scientific names (e.g., Genus species), if known): a. None b, c. d. e. f. Have surveys, using U.S. Fish and Wildlife Service /NOAA Fisheries protocols, been conducted? Yes, Report attached ( or mail copy separately if applying electronically) [X No If a federally - listed species would be impacted, please provide a description and a biological evaluation. Yes, Report attached ( or mail copy separately if applying electronically) E Not attached Has the USFWS /NOAA Fisheries issued a Biological Opinion? Yes, Attached ( or mail copy separately if applying electronically) XI No If yes, list date Opinion was issued (m /d /yyyy): Has Section 7 consultation been initiated by another federal agency? Yes, Initiation letter attached ( or mail copy separately if applying electronically) X No Has Section 10 consultation been initiated for the proposed project? Yes, Initiation letter attached ( or mail copy separately if applying electronically) X No Box 11 Historic properties and cultural resources: Please list any historic properties listed (or eligible to be listed) on the National Register of Historic Places: a. None b, c. d. e. f. Are any cultural resources of any type known to exist on -site? 1 1 Yes X No Has an archaeological records search been conducted? Yes, Report attached ( or mail copy separately if applying electronically) X No Has a archaeological pedestrian survey been conducted for the site? Yes, Report attached ( or mail copy separately if applying electronically) [X No Has a Section 106 MOA been signed by another federal agency and the SHPO? Yes, Attached ( or mail copy separately if applying electronically) 171 No If yes, list date MOA was signed (m /d /yyyy): Has Section 106 consultation been initiated by another federal agency? Yes, Initiation letter attached ( or mail copy separately if applying electronically) X No Page 8 of 18 Revised May 22, 2009. For the most recent version of this form, visit your Corps District's Regulatory wehsite. Box 12 Measures taken to avoid and minimize impacts to waters of the United States (if any): Width of driveway and associated grading has been kept to the minimum practicable, the driveway has been situated where the wetland is narrow, and a culvert will be installed under the driveway to keep the remaining wetlands hydrologically connected. Include multiple copies of Box 13 for separate sites. Box 13 Proposed Compensatory Mitigation (site 1 of 1) related to fill /excavation and dredge activities. Indicate in ACRES and LINEAR FEET (where appropriate) the total quantity of waters of the United States proposed to be created, restored, enhanced and /or preserved for purposes of providing compensatory mitigation. Indicate water body type (wetland, riparian streambed, unvegetated streambed, lake, ocean, other) or non - jurisdictional (uplands Indicate mitigation type (on- or off -site by applicant, mitigation bank, in -lieu fee program): Water Body Type Created Restored Enhanced Preserved Mitigation type Example: wetland 0.8 acre 0.2 acre - _ On -site by app Example: riparian _ _ 3.0 stream acres /1300 If ILFP Wetland 0 0 0.10 0 On -site by applicant Totals: 0 0 0.10 0 s For uplands, please indicate if designed as an upland buffer. If no mitigation is proposed, provide detailed explanation of why no mitigation would be necessary: Has a draft /conceptual mitigation plan been prepared in accordance with the Army Corps of Engineers District guidelines? 1 1 Yes, Attached (or mail copy separately if applying electronically) X No Mitigation site Latitude & Longitude (D /M /s, DD, or USGS Quadrangle map name: UTM):39.6467, 106.3219 Vail East, Co Assessors Parcel Number: Section, Township, Range: Sect 2, T5S, R8OW Other location descriptions, if known: On project property located at 2985 Booth Creek Drive Page 9 of 18 Revised May 22, 2009. For the most recent version of this form, visit your Corps District's Regulatory website. Directions to the mitigation location: See above Page 10 of 18 Revised May 22, 2009. For the most recent version of this form, visit your Corps Districts Regulatory •ebsite Box 14 Water Quality Certification (see instructions): Applying for certification? I I Yes, Attached (or mail copy separately if applying electronically) X No Certification issued? I I Yes, Attached (or mail copy separately if applying electronically) X No Exempt? I I Yes IX No If exempt, state why: Agency concurrence? 1 I Yes, Attached I I No Box 15 Coastal Zone Management Act (see instructions): Is the project located within the Coastal Zone? 1 I Yes PI No If yes, applying for a coastal commission - approved Coastal Development Permit? Yes, Attached ( or mail copy separately if applying electronically) I I No If no, applying for separate CZMA- consistency certification? Yes, Attached ( or mail copy separately if applying electronically) 1 I No Permit /Consistency issued? 1 1 Yes, Attached (or mail copy separately if applying electronically) No Exempt? I I Yes No If exempt, state why: Box 16 List of other certifications or approvals /denials received from other federal, state, or local agencies for work described in this application: Agency Type Approval Identification No. Date Applied Date Approved Date Denied . None 9 Would include but is not restricted to zoning, building, and flood plain permits Page 11 of 18 Revised May 22, 2009. For the most recent version of this form, visit your Corps District's Regulatory website. NWP General Conditions (GC) checklist: 1. Navigation: Project would be in compliance with GC? ® Yes ❑ No Explain: 2. Aquatic Life Movements: Project would be in compliance with GC? ® Yes ❑ No Explain: 3. Spawning Areas: Spawning areas present? ❑ Yes ® No Project would be in compliance with GC? ® Yes ❑ No Explain: 4. Migratory Bird Breeding Areas: Migratory bird breeding areas present? ❑ Yes ® No Project would be in compliance with GC? ® Yes ❑ No Explain: 5. Shellfish Beds: Shellfish beds present? Ti Yes ® No Project would be in compliance with GC? ® Yes ❑ No Explain: 6. Suitable Material: Project would be in compliance with GC? ® Yes ❑ No Explain: 7. Water Supply Intakes: Project would be in compliance with GC? ® Yes ❑ No Explain: 8. Adverse Effects From Impoundments: Project would be in compliance with GC? ® Yes ❑ No Explain: 9. Management of Water Flows: Project would be in compliance with GC? ® Yes ❑ No Explain: 10. Fills Within 100 - Year Floodplains: Project would be within 100 -year floodplains? ❑ Yes ® No If yes, project would be in compliance with GC? LI Yes ❑ No Explain: 11. Equipment: Project would be in compliance with GC? ® Yes ❑ No Explain: Page 12 of 18 Revised May 22, 2009. For the most recent version of this form, visit your Corps District's Regulatory website. 12. Soil Erosion and Sediment Controls: Project would be in compliance with GC? ® Yes ❑ No Explain: 13. Removal of Temporary Fills: Project would be in compliance with GC? ® Yes ❑ No Explain: 14. Proper Maintenance: Project would be in compliance with GC? ® Yes ❑ No Explain: 15. Wild and Scenic Rivers: Project would be within a National Wild and Scenic River System (including proposed system)? ❑ Yes ® No Project would be in compliance with GC? ® Yes ❑ No Explain: 16. Tribal Rights: Project would be in compliance with GC? ® Yes ❑ No Explain: 17. Endangered Species: see Box 10 above. 18. Historic Properties: see Box 11 above. 19. Designated Critical Waters (check those that apply) Includes: 1) ❑ NOAA- designated marine sanctuaries, 2) ❑ National Estuarine Research Reserves, 3) ❑ State natural heritage sites, 4) ❑ Officially designated waters Applicant is aware of the restrictions a) and b) below? ® Yes ❑ No • a) NWP 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50: No NWP can be authorized. b) NWP 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38: Notification is required. 20. Mitigation: see Box 13 above. 21. Water Quality (401 Certification): see Box 14 above. 22. Coastal Zone Permit: see Box 15 above. 23. Regional and Case -By -Case Conditions: Complete the Regional Conditions checklist below. Project would be in compliance with any Case -by -case conditions? ® Yes ❑ No Explain: 24. Use of Multiple Nationwide Permits: Applicant is aware that if total proposed acreage of impact exceeds acreage limit of NWP with highest specified acreage, no NWP can be issued? ® Yes ❑ No Page 13 of 18 Revised May 22, 2009. For the most recent version of this form, visit your Corps Districts Regulator) website. 25. Transfer of Nationwide Permit Verifications: Applicant is aware of this permit transfer requirement? ® Yes ❑ No 26. Compliance Certification: Applicant is aware of this post - construction requirement? ® Yes ❑ No 27. Pre - Construction Notification: If a PCN is required, the PCN includes: (check those that apply) ® Delineation of wetlands and other waters of the U.S. ❑ If project results in the Toss of greater than 1 /10 acre of wetlands, a compensatory mitigation plan or statement describing how the mitigation requirement will be satisfied ® For non - Federal applicants, a list of threatened or endangered species or designated critical habitat that might be affected by the proposed work ❑ For Federal applicants, documentation demonstrating compliance with the Endangered Species Act ® For non - Federal applicants, a list of historic properties listed on, or determined eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places that may be affected by the proposed work; or a vicinity map indicating the location of the historic property ❑ For Federal applicants, documentation demonstrating compliance with the National Historic Preservation Act 28. Single and Complete Project: Project would be in compliance with GC? ® Yes ❑ No Explain: NWP Regional Conditions (RC) checklist: II. Sacramento District (SPK) in California, Nevada, and Utah: SPK Regional conditions to be applied across the entire Sacramento District including California, Nevada, and Utah (except Colorado): 1. Is pre - construction notification (PCN) required? ❑ Yes ❑ No If yes, notification pursuant to General Condition 27 is required using either the South Pacific Division Preconstruction Notification (PCN) Checklist or a completed application form (ENG Form 4345). In addition, the PCN shall include: a. A written statement explaining how the activity has been designed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States; b. Drawings, including plan and cross - section views, clearly depicting the location, size and dimensions of the proposed activity. The drawings shall contain a title block, legend and scale, amount (in cubic yards) and size (in acreage) of fill in Corps jurisdiction, including both permanent and temporary fills /structures. The ordinary high water mark or, if tidal waters, the high tide line should be shown (in feet), based on National Geodetic Vertical Datum (NGVD) or other appropriate referenced elevation; and c. Pre - project color photographs of the project site taken from designated locations documented on the plan drawing. Page 14 of 18 Revised May 22, 2009. For the most recent version of this form, visit your Corps Districts Regulatory website. 2. Will mitigation be completed before or concurrent with construction of the project? ❑ Yes ❑ No Compensatory mitigation shall be completed as required by special conditions of the NWP verification before or concurrent with construction of the authorized activity, except when specifically determined to be impracticable by the Sacramento District. When project mitigation involves use of a mitigation bank or in -lieu fee program, payment shall be made before commencing construction. 3. Does the project have property which will be preserved as part of mitigation for authorized impacts? ❑ Yes ❑ No If yes, the NWP verification shall be recorded against the preserved property with the Registrar of Deeds or other appropriate official charged with the responsibility for maintaining records of title to or interest in real property. Will structures, including boat ramps or docks, marinas, piers, and permanently moored vessels, be constructed in or adjacent to navigable waters? ❑ Yes ❑ No If yes, the NWP verification shall be recorded against the area with the Registrar of Deeds or other appropriate official charged with the responsibility for maintaining records of title to or interest in real property. The recordation shall also include a map showing the surveyed location of the authorized structure and any associated areas preserved to minimize or compensate for project impacts. 4. Will any wetlands, other aquatic areas, and /or any vegetative buffers be preserved as part of mitigation for impacts? ❑ Yes ❑ No If yes, these areas shall be placed into a separate "preserve" parcel prior to discharging dredged or fill material into waters of the United States, except where specifically determined to be impracticable by the Sacramento District. Permanent legal protection shall be established for all preserve parcels, following Sacramento District approval of the legal instrument. 5. The permittee shall allow Corps representatives to inspect the authorized activity and any mitigation areas at any time deemed necessary to determine compliance with the terms and conditions of the NWP verification. The permittee will be notified in advance of an inspection. 6. Is a waiver of the 300 linear foot limitation for intermittent and ephemeral streams requested? ❑ Yes ❑ No If yes, an analysis of the impacts to the stream environment, measures taken to avoid and minimize losses, other project alternatives that were considered (but were found not to be practicable), and a mitigation plan describing how the unavoidable losses will be offset, must be included. 7. Is a road crossing proposed? ❑ Yes ❑ No If yes, road crossings shall be designed to ensure fish passage, especially for anadromous fish. Bridge designs that span the stream or river, utilize pier or pile supported structures, or involve large bottomless culverts with a natural streambed, where the substrate and streamflow conditions approximate existing channel conditions shall be employed. Is an approach fill proposed? ❑ Yes ❑ No Approach fills in waters of the United States below the ordinary high water mark are not authorized under the NWPs, except where avoidance has specifically been determined to be impracticable by the Sacramento District. Page 15 of 18 Revised May 22, 2009. For the most recent version of this form, visit your Corps District's Regulatory website 8. Are trenching activities proposed under NWP 12? ❑ Yes ❑ No If yes, clay blocks, bentonite, or other suitable material shall be used to seal the trench to prevent the utility line from draining waters of the United States, including wetlands. 9. Are activities involving hard - armoring of the bank toe or slope proposed under NWP 13? ❑ Yes ❑ No If yes, notification pursuant to General Condition 27 is required. Bank stabilization shall include the use of vegetation or other biotechnical design to the maximum extent practicable. 10. Is the activity proposed under NWP 23? ❑ Yes ❑ No If yes, notification pursuant to General Condition 27 is required. The PCN shall include a copy of the signed Categorical Exclusion document and final agency determinations regarding compliance with Section 7 of the Endangered Species Act, Essential Fish Habitat under the Magnussen- Stevens Act, and Section 106 of the National Historic Preservation Act. 11. Are activities which will result in the loss of greater than 300 linear feet of streambed proposed under NWP 44? ❑ Yes ❑ No If yes, the discharge shall not cause the Toss of more than 300 linear feet of streambed unless the 300 linear foot limit is waived in writing by the Sacrament District for intermittent and ephemeral streams only. Loss of more than 300 linear feet of perennial streambed is not authorized. Is the activity proposed within a water of the United States supporting anadromous fisheries? ❑ Yes ❑ No This NWP does not authorize discharges in waters of the United States supporting anadromous fisheries. 12. Is channelization or relocation of an intermittent or perennial drainage proposed under NWPs 29 and /or 39? ❑Yes ❑ No If yes, channelization or relocation of intermittent or perennial drainage is not authorized, except when, as determined by the Sacramento District, the relocation would result in a net increase in functions of the aquatic ecosystem within the watershed. 13. Are temporary fills for construction access in waters of the United States supporting fisheries proposed under NWP 33? ❑ Yes ❑ No If yes, temporary fills for construction access in waters of the United States supporting fisheries shall be accomplished with clean, washed spawning quality gravels where practicable as determined by the Sacramento District, in consultation with appropriate federal and state wildlife agencies. 14. Are activities which will result in the loss of greater than 0.5 acre of waters of the United States or the Toss of more than 300 linear feet of ditch proposed under NWP 46? ❑ Yes ❑ No If yes, the Toss of greater than 0.5 acre of waters of the United States is not authorized. The discharge shall not cause the loss of more than 300 linear feet of ditch, unless the 300 foot linear foot limit is waived in writing by the Sacramento District. 15. Are any waters of the United States, including created, restored, or enhanced waters of the United States proposed for preservation under NWPs 29, 39, 40, 42, and /or 43? ❑ Yes ❑ No If yes, upland vegetated buffers shall be established and maintained in perpetuity, to the maximum extent practicable, adjacent to all preserved open waters, streams and wetlands including created, restored, enhanced or Page 16 of 18 Revised May 22, 2009. For the most recent version of this form, visit your Corps Districts Regulatory website preserved waters of the U.S., consistent with General Condition 20. Except in unusual circumstances, vegetated buffers shall be at least 50 feet in width. 16. Is the proposed project located with a histosol, fen, or wetland contiguous with a fen? ❑ Yes ❑ No If yes, all NWPs except 3, 6, 20, 27, 32, 38, and 47, are revoked. Fens are defined as slope wetlands with a histic epipedon that are hydrologically supported by groundwater. Fens are normally saturated throughout the growing season, although they may not be during drought conditions. For NWPs 3, 6, 20, 27, 32, and 38, notification pursuant to General Condition 27 is required. 17. Are activities proposed within 100 feet of the point of groundwater discharge of a natural spring? ❑ Yes ❑ No If yes, notification pursuant to General Condition 27 is required. A spring source is defined as any location where ground water emanates from a point in the ground. For purposes of this condition, springs do not include seeps or other discharges which lack a defined channel. SPK Regional conditions to be applied only in California: 1. Is the project located within Lake Tahoe Basin? ❑ Yes ❑ No All NWPs within the Lake Tahoe Basin are revoked. Activities in this area shall be authorized under Regional General Permit 16 or through an individual permit. 2. Is the project located within the Primary and Secondary Zones of the Legal Delta? ❑ Yes ❑ No NWPs 29 and 39 within the Primary and Secondary Zones of the Legal Delta are revoked. New development activities in this area will be reviewed through the Corps' standard permit process. SPK Regional conditions to be applied only in Nevada: 1. Is the project located within Lake Tahoe Basin? ❑ Yes ❑ No All NWPs within the Lake Tahoe Basin are revoked. Activities in this area shall be authorized under Regional General Permit 16 or through an individual permit. SPK Regional conditions to be applied only in Utah: 1. Is the project located below 4217 feet mean sea level (msl) adjacent to the Great Salt Lake or below 4500 feet msl adjacent to Utah Lake? ❑ Yes ❑ No For all NWPs in this area, except NWP 47, notification pursuant to General Condition 27 is required. 2. Will the project include bank stabilization activities that will affect more than 100 linear feet of perennial stream? ❑ Yes ❑ No If yes, notification pursuant to General Condition 27 is required. 3. Will the project require NWP 27 authorization? ❑ Yes ❑ No If yes, facilities for controlling stormwater runoff, construction of water parks such as kayak courses, and use of grout or concrete to construct in- stream structures are not authorized. Page 17 of 18 Revised May 22, 2009. For the most recent version of this form, visit your Corps District's Regulatory wehsite. Will the project exceed 1500 linear feet (as measured on the stream thalweg), use in stream structures exceeding 50 cubic yards per structure, and /or incorporate grade control structures exceeding 1 foot vertical drop? ❑ Yes ❑ No If yes, notification pursuant to General Condition 27 is required. Will the project involve stream restoration? ❑ Yes ❑ No If yes, the post project stream sinuosity shall be appropriate to the geomorphology of the surrounding area and shall be equal to, or greater than, pre - project sinuosity. Sinuosity is defined as the ratio of stream length to project reach length. Structures shall allow the passage of aquatic organisms, recreational water craft or other navigational activities unless specifically waived in writing by the District Engineer. Page 18 of 18 Revised May 22, 2009. For the most recent version of this form, visit your Corps District's Regulatory website - )Q,6,00,90 9 LI00h0 OD' TRANE DATE 6v-Z.5 JOB NO. ARCHITECTURAL SERVICES, P. C. TO: TwN D � Vi4/ 210 Edwards Village Blvd. • C -204 • P.O. Box 385 C NFL rk / EnE Edwards, Colorado 81632 Phone: 970.926.7605 • Fax: 970.926.7610 RE: iet USS(AJI G eES/D NICE' WE ARE SENDING YOU Attached DKVia o At t u E R[: O the following items: ❑ Shop drawings ❑ Prints / sepias ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ Originals ❑ COPIES DATE NO. DESCRIPTION US• /9a (OrepS OF C Nil UEEr -s _ /<%Tiv&cu(DE P ni IT 60 144 in mea el E ea THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ For your records ❑ For your use ❑ Approved as noted ❑ Revise and resubmit ❑ As requested ❑ Returned for corrections ❑ For review and comment C9' PK 13 APP U l7/Ow' ❑ PRINTS RETURNED AFTER LOAN TO US ❑ FOR BIDS DUE 20 REMARKS - - lECE: dfs� JUN 28 2010 I OF VAIL 6 COPY TO SIGNED If enclosures are not as noted, kindly notify us at once. removal. relocation. or other alteration. of the structure or • worn nerem autnonzea, or ir, in the opinion of the Nat i o rl w i d e Secretary of the Army or his authorized representative. 1 1 la , Permit Summary said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, U S Army Corps of 33 CFR Part 330; Issuance of Nationwide the permittee will be required, upon due notice from the Engineers Permits - March 19, 2007 includes Corps of Engineers, to remove, relocate, or alter the Sacramento District corrections of May 8, 2007 and addition of structural work or obstructions caused thereby, without regional conditions December 2007 expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 29. Residential Developments. Discharges of dredged or fill material into non -tidal waters of the United States for the ❑ 2. Aquatic Life Movements_ No activity may construction or expansion of a single residence, a multiple unit substantially disrupt the necessary life cycle movements of those residential development, or a residential subdivision. This NWP species of aquatic life indigenous to the waterbody, including authorizes the construction of building foundations and building those species that normally migrate through the area, unless the pads and attendant features that are necessary for the use of the activity's primary purpose is to impound water. Culverts placed residence or residential development. Attendant features may in streams must be installed to maintain low flow conditions. include but are not limited to roads, parking lots, garages, yards, ❑ 3 Spawning Areas. Activities in spawning areas during utility lines, storm water management facilities, septic fields, and spawning seasons must be avoided to the maximum extent recreation facilities such as playgrounds, playing fields, and golf practicable. Activities that result in the physical destruction (e.g., courses (provided the golf course is an integral part of the through excavation, fill, or downstream smothering by residential development). substantial turbidity) of an important spawning area are not The discharge must not cause the loss of greater than' -acre of authorized. non -tidal waters of the United States, including the loss of no 0 4. Migratory Bird Breeding Areas. Activities in waters more than 300 linear feet of stream bed, unless for intermittent of the United States that serve as breeding areas for migratory and ephemeral stream beds this 300 linear foot limit is waived in birds must be avoided to the maximum extent practicable. writing by the district engineer. This NWP does not authorize discharges into non -tidal wetlands adjacent to tidal waters. ❑ 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly Subdivisions: For residential subdivisions, the aggregate total related to a shellfish harvesting activity authorized by NWPs 4 loss of waters of United States authorized by this NWP cannot and 48. exceed %z -acre. This includes any loss of waters of the United States associated with development of individual subdivision ❑ 6. Suitable Material. No activity may use unsuitable lots. material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic Notification: The permittee must submit a pre - construction pollutants in toxic amounts (see Section 307 of the Clean Water notification to the district engineer prior to commencing the Act). activity. (See general condition 27.) (Sections 10 and 404) ❑ 7. Water Supply Intakes. No activity may occur in the A. Nationwide Permit General Conditions proximity of a public water supply intake, except where the Note: To qualify for NWP authorization, the prospective activity is for the repair or improvement of public water supply permittee must comply with the following general conditions, as intake structures or adjacent bank stabilization. appropriate, in addition to any regional or case - specific conditions imposed by the division engineer or district engineer. ❑ 8. Adverse Effects From Impoundments. If the activity Prospective pennittees should contact the appropriate Corps creates an impoundment of water, adverse effects to the aquatic district office to determine if regional conditions have been system due to accelerating the passage of water, and/or imposed on an NWP. Prospective permittees should also contact restricting its flow must be minimized to the maximum extent the appropriate Corps district office to determine the status of practicable. Clean Water Act Section 401 water quality certification and/or ❑ 9. Management of Water Flows. To the maximum extent Coastal Zone Management Act consistency for an NWP. practicable, the pre - construction course, condition, capacity, and ❑ 1. Navigation. location of open waters must be maintained for each activity, including stream channelization and storm water management ❑ (a) No activity may cause more than a minimal activities, except as provided below. The activity must be adverse effect on navigation. constructed to withstand expected high flows. The activity must ❑ (b) Any safety lights and signals prescribed by the not restrict or impede the passage of normal or high flows, U.S. Coast Guard, through regulations or otherwise, must unless the primary purpose of the activity is to impound water or be installed and maintained at the permittee's expense on manage high flows. The activity may alter the pre - construction authorized facilities in navigable waters of the United course, condition, capacity, and location of open waters if it States. benefits the aquatic environment (e.g., stream restoration or relocation activities). ❑ (c) The permittee understands and agrees that, if future operations by the United States require the 1uonwide 29 Permit Summary El 10. Fills Within 100 -Year Floodplains. The activity must Page - comply with applicable FEMA- approved state or local °Ohfi� by the district engineer that uie requirements c floodplain management requirements. the ESA have been satisfied and that the activity is El 11. Equipment. Heavy equipment working in wetlands or authorized. For activities that might affect Federally- listed endangered or threatened species or designated critical mudflats must be placed on mats, or other measures must be habitat, the pre - construction notification must include the taken to minimize soil disturbance. names) of the endangered or threatened species that may ❑ 12. Soil Erosion and Sediment Controls. Appropriate soil designated cri al that may beaffected by the at utilize the erosion and sediment controls must be used and maintained in effective operating condition during construction, and all Proposed work. The district engineer will determine Whether the proposed activity "may affect" or will have exposed soil and other fills, as well as any work below the ed hi permanently "no effect" to listed species and designated critical habitat ary gh water mark or high tide line, must be and will notify the non - Federal applicant of the Corps' stabilized at the earliest practicable date. Permittees are determination encouraged to perform work within waters of the United States construction notification. n cases e where the non-Federal during periods of low -flow or no -flow. applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, ❑ 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre- and has so notified the Corps, the applicant shall not construction elevations. The affected areas must be revegetated, begin work until the Corps has provided notification the as appropriate. proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been ❑ 14. Proper Maintenance. Any authorized structure or fill completed. shall be properly maintained, including maintenance to ensure public safety. ❑ (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer ❑ 15. Wild and Scenic Rivers. No activity may occur in a may add species - specific regional endangered species component of the National Wild and Scenic River System, or in conditions to the NWPs. a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official ❑ (e) Authorization of an activity by a NWP does study status, unless the appropriate Federal agency with direct not authorize the "take" of a threatened or endangered management responsibility for such river, has determined in species as defined under the ESA. In the absence of writing that the proposed activity will not adversely affect the separate authorization (e.g., an ESA Section 10 Permit, a Wild and Scenic River designation or study status. information Biological Opinion with "incidental take" provisions, etc.) on Wild and Scenic Rivers may be obtained from the appropriate from the U.S. FWS or the NMFS, both lethal and non- Federal land management agency in the area (e.g., !National Park lethal "takes" of protected species are in violation of the Service, U.S. Forest Service, Bureau of Land Management, U.S. ESA. Information on the location of threatened and Fish and Wildlife Service). endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and ❑ 16. Tribal Rights. No activity or its operation may impair NMFS or their world wide Web pages at reserved tribal rights, including, but not limited to, reserved httn: / /www.fws.gov/ and water rights and treaty fishing and hunting rights. http : / /www.noaa.gov /fisheries.html respectively. ❑ 17. Endangered Species. ❑ 18. Historic Properties. ❑ (a) No activity is authorized under any NWP ❑ (a) in cases where the district engineer which is likely to jeopardize the continued existence of a determines that the activity may affect properties listed, or threatened or endangered species or a species proposed eligible for listing, in the National Register of Historic for such designation, as identified under the Federal Places, the activity is not authorized, until the Endangered Species Act (ESA), or which will destroy or requirements of Section 106 of the National Historic adversely modify the critical habitat of such species. No Preservation Act (NHPA) have been satisfied. activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 ❑ (b) Federal permittees should follow their own consultation addressing the effects of the proposed procedures for complying with the requirements of activity has been completed. Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with ❑ (b) Federal agencies should follow their own the appropriate documentation to demonstrate compliance procedures for complying with the requirements of the with those requirements. ESA. Federal permittees must provide the district engineer with the appropriate documentation to ❑ (c) Non-federal permittees must submit a pre demonstrate compliance with those requirements. construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed, determined to be eligible ❑ (c) Non-federal permittees shall notify the district engineer if any listed species or designated critical for listing on, or potentially eligible for listing on the habitat might be affected or is in the vicinity of the National Register of Historic Places, including previously project, or if the project is located in designated critical unidentified properties. For such activities, the pre - habitat, and shall not begin work on the activity until construction notification must state which historic Nationwide 29 Permit Summary Paze 3 properties may be affected by the proposed work or officially designated by a state as having particular include a vicinity map indicating the location of the environmental or ecological significance and identified by the historic properties or the potential for the presence of district engineer after notice and opportunity for public historic properties. Assistance regarding information on comment. The district engineer may also designate additional the location of or potential for the presence of historic critical resource waters after notice and opportunity for resources can be sought from the State Historic comment. Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of ❑ (a) Discharges of dredged or fill material into Historic Places (see 33 CFR 330.4(g)). The district waters of the United States are not authorized by NWPs 7, engineer shall make a reasonable and good faith effort to 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and carry out appropriate identification efforts, which may 50 for any activity within, or directly affecting, critical include background research, consultation, oral history resource waters, including wetlands adjacent to such interviews, sample field investigation, and field survey. waters. Based on the information submitted and these efforts, the ❑ (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, district engineer shall determine whether the proposed 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is activity has the potential to cause an effect on the historic required in accordance with general condition 27, for any properties. Where the non - Federal applicant has identified activity proposed in the designated critical resource historic properties which the activity may have the waters including wetlands adjacent to those waters. The potential to cause effects and so notified the Corps, the district engineer may authorize activities under these non - Federal applicant shall not begin the activity until NWPs only after it is determined that the impacts to the notified by the district engineer either that the activity has critical resource waters will be no more than minimal. no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. ❑ 20 Mitigation. The district engineer will consider the following factors when determining appropriate and practicable ❑ (d) The district engineer will notify the mitigation necessary to ensure that adverse effects on the aquatic prospective permittee within 45 days of receipt of a environment are minimal: complete pre - construction notification whether NHPA Section 106 consultation is required. Section 106 ❑ (a) The activity must be designed and consultation is not required when the Corps determines constructed to avoid and minimize adverse effects, both that the activity does not have the potential to cause temporary and permanent, to waters of the United States effects on historic properties (see 36 CFR §800.3(a)). If to the maximum extent practicable at the project site (i.e., NHPA section 106 consultation is required and will on site). occur, the district engineer will notify the non Federal ❑ (b) Mitigation in all its forms (avoiding, applicant that he or she cannot begin work until Section minimizing, rectifying, reducing, or compensating) will 106 consultation is completed. be required to the extent necessary to ensure that the ❑ (e) Prospective permittees should be aware that adverse effects to the aquatic environment are minimal. section 110k of the NHPA (16 U.S.C. 470h -2(k)) prevents ❑ (c) Compensatory mitigation at a minimum the Corps from granting a permit or other assistance to an one - for -one ratio will be required for all wetland losses applicant who, with intent to avoid the requirements of that exceed 1/10 acre and require pre - construction Section 106 of the NHPA, has intentionally significantly notification, unless the district engineer determines in adversely affected a historic property to which the permit writing that some other form of mitigation would be more would relate, or having legal power to prevent it, allowed environmentally appropriate and provides a project - such significant adverse effect to occur, unless the Corps, specific waiver of this requirement. For wetland losses of after consultation with the Advisory Council on Historic 1 /10 acre or less that require pre - construction notification, Preservation (ACHP), determines that circumstances the district engineer may determine on a case -by -case justify granting such assistance despite the adverse effect basis that compensatory mitigation is required' to ensure created or permitted by the applicant. If circumstances that the activity results in minimal adverse effects on the justify granting the assistance, the Corps is required to aquatic environment. Since the likelihood of success is notify the ACHP and provide documentation specifying greater and the impacts to potentially valuable uplands are the circumstances, explaining the degree of damage to the reduced, wetland restoration should be the first integrity of any historic properties affected, and proposed compensatory mitigation option considered. mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate ❑ (d) For losses of streams or other open waters Indian tribes if the undertaking occurs on or affects that require pre - construction notification, the district historic properties on tribal lands or affects properties of engineer may require compensatory mitigation, such as interest to those tribes, and other parties known to have a stream restoration, to ensure that the activity results in legitimate interest in the impacts to the permitted activity minimal adverse effects on the aquatic environment. on historic properties. ❑ (e) Compensatory mitigation will not be used to ❑ 19. Designated Critical Resource Waters. Critical increase the acreage losses allowed by the acreage limits resource waters include, NOAH- designated marine sanctuaries, of the NWPs. For example, if an NWP has an acreage National Estuarine Research Reserves, state natural heritage limit of 1/2 acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of sites, and outstanding national resource waters or other waters • ationwide 29 Permit Summary the United States, even if compensatory mitigation is Page e provided that replaces or restores some of the lost waters. any case specific conditions added by the Corps or b l the and vtP However, compensatory ndian Tribe pensatory mitigation can and should be Y state. used, as neces , or U.S. EPA in its section 401 Water Quaiiry nary, to ensure that a project already Certification, or by the state in its Coastal Zone Management meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. Act consistency determination. ❑ ❑ 24. Use of Multiple Nationwide Permits. The use of (f) Compensatory mitigation plans for projects more than one NWP for a single and complete project is in or near streams or other open waters will normally prohibited, except when the acreage loss of waters of the United include a requirement for the establishment, maintenance, States authorized by the NWPs does not exceed the acreage limit and legal protection (e.g., conservation easements) of of the NWP with the highest specified acreage limit. For riparian areas next to open waters. In some cases, riparian example, if a road crossing over tidal waters is constructed under areas may be the only compensatory mitigation required. NWP 14, with associated bank stabilization authorized by NWP Riparian areas should consist of native species. The width 13, the maximum acreage loss of waters of the United States for of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the total project cannot exceed 1/3 -acre. the riparian area will be 25 to 50 feet wide on each side of ❑ 25. Transfer of Nationwide Permit Verifications. If the the stream, but the district engineer may require slightly permittee sells the property associated with a nationwide permit wider riparian areas to address documented water quality verification, the permittee may transfer the nationwide permit or habitat loss concems. Where both wetland§ and open verification to the new owner by submitting a letter to the waters exist on the project site, the district engineer will appropriate Corps district office to validate the transfer. A copy determine the appropriate compensatory mitigation (e.g., of the nationwide permit verification must be attached to the riparian areas and/or wetlands compensation) based on letter, and the letter must contain the following statement and what is best for the aquatic environment on a watershed signature: basis. In cases where riparian areas are determined to be "When the structures or work authorized by this the most appropriate form of compensatory nitigation, nationwide permit are still in existence at the time the the district engineer may waive or reduce the requirement property is transferred, the terms and conditions of this to provide wetland compensatory mitigation for wetland nationwide permit, including any special conditions, will losses. continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide ❑ (g) Pernuttees may propose the use of mitigation banks, in lieu fee arrangements or (!separate permit and the associated liabilities associated with activity- specific compensatory mitigation. In all cases, the compliance with its terms and conditions, have the mitigation provisions will specify the party responsible transferee sign and date below." for accomplishing and/or complying with the 'mitigation plan. - -- - -- - -- (Transferee) ❑ (h) Where certain functions and services of waters of the United States are permanently adversely - - -- -- - -- affected, such as the conversion of a forested or scrub- (Date) shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be ❑ 26. Compliance Certification. Each permittee who required to reduce the adverse effects of the project to the received an NWP verification from the Corps must submit a minimal level. signed certification regarding the completed work and any required ❑ 21. Water Quality. Where States and authorized Tribes, or the Corpmitigation. ith the NWP verification letter and will f ind de:ed by EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water ❑ (a) A statement that the authorized work was Quality Certification must be obtained or waived (see 33 CFR done in accordance with the NWP authorization, 330.4(c)). The district engineer or State or Tribe may require including any general or specific conditions; additional water quality management measures to ensure that the authorized activity does not result in more than minimal ❑ (b) A statement that any required mitigation was completed in accordance with the permit conditions; degradation of water quality. and ❑ 22. Coastal Zone Management. In coastal states where an ❑ (c) The signature of the permittee certifying the NWP has not previously received a state coastal zone completion of the work and mitigation. management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or ❑ 27. Pre - Construction Notification. a presumption of concurrence must occur (see 33 CFR 330.4(d)). ❑ (a) Timing.. Where required by the terms of the The district engineer or a State may require additional measures NWP, the prospective permittee must notify the district to ensure that the authorized activity is consistent with state engineer by submitting a pre - construction notification coastal zone management requirements. (PCN) as early as possible. The district engineer must ❑ 23. Regional and Case -By -Case Conditions. The activity determine if the PCN is complete within 30 calendar days must comply with any regional conditions that may have been of the date of receipt and, as a general rule, will request _ ._.... ..::ae 29 Permit Sum :Ilan. aaorionai information necessary to make the PCN , Page complete only once. However, if the prospective he minimal and to determine the need for permittee does not provide all of the requested compensatory mitigation. Sketches should be information, then the district engineer will notify the provided when necessary to show that the activity prospective permittee that the PCN is still incomplete and complies with the terms of the NWP. (Sketches the PCN review process will not commence until all of usually deri t he project and when provided result the requested information has been received by the district in a quicker decision.); engineer. The prospective permittee shall not begin the ❑ (4) The PCN must include a delineation of activity until either: special aquatic sites and other waters of the United States on the project site. Wetland delineations must ❑ (1) He or she is notified in writing by the be prepared in accordance with the current method district engineer that the activity may proceed under required by the Corps. The permittee may ask the the NWP with any special conditions imposed by the district or division engineer; or Corps to delineate the special aquatic sites and other waters of the United States, but there may be a delay ❑ (2) Forty-five calendar days have passed if the Corps does the delineation, especially if the from the district engineer's receipt of the complete project site is large or contains many waters of the eriod will PCN and the prospective permittee has not received United States. Furthermore, the 45 day written notice from the district or division engineer. not start until the delineation has been submitted to or However, if the permittee was required to notify the completed by the Corps, where appropriate; Corps pursuant to general condition 17 that listed species or critical habitat might affected or in the ❑ ( If the proposed activity will result in the loss of greater than 1 /10 acre of wetlands and a PCN vicinity of the project, or to notify the Corps pursuant is required, the prospective permittee must submit a to general condition 18 that the activity may have the statement describing how the mitigation requirement potential to cause effects to historic properties, the will be satisfied. As an alternative, the prospective permittee cannot begin the activity until receiving permittee may submit a conceptual or detailed written notification from the Corps that is "no effect" mitigation plan. on listed species or "no potential to cause effects" on historic properties, or that any consultation required ❑ (6) If any listed species or designated under Section 7 of the Endangered Species Act (see critical habitat might be affected or is in the vicinity 33 CFR 330.4(0) and/or Section 106 of the National of the project, or if the project is located in Historic Preservation (see 33 CFR 330.4(g)) is designated critical habitat, for non - Federal applicants completed. Also, work cannot begin under NWPs 21, the PCN must include the name(s) of those 49, or 50 until the permittee has received written endangered or threatened species that might be approval from the Corps. If the proposed 'activity affected by the proposed work or utilize the requires a written waiver to exceed specified limits of designated critical habitat that may be affected by the an NWP, the pennittee cannot begin the activity until proposed work. Federal applicants must provide the district engineer issues the waiver. If the district documentation demonstrating compliance with the or division engineer notifies the pennittee in writing Endangered Species Act; and that an individual permit is required within 45 calendar days of receipt of a complete PCN, the ❑ (7) For an activity that may affect a historic property listed on, determined to be eligible for permittee cannot begin the activity until an individual listing on, or potentially eligible for listing on, the permit has been obtained. Subsequently, the National Register of Historic Places, for non - Federal permittee's right to proceed under the NWP may be applicants the PCN must state which historic property modified, suspended, or revoked only in accordance may be affected by the with the procedure set forth in 33 CFR 330.5(d)(2). Y Y ph proposed work thor e include a vicinity map indicating the location of the historic ❑ (b) Contents of Pre Construction Notification: property. Federal applicants must provide The PCN must be in writing and include the following documentation demonstrating compliance with information: Section 106 of the National Historic Preservation Act. ❑ (1) address and telephone numbers of the prospective Name, dd permittee; ❑ (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG ❑ (2) Location of the proposed project; 4345) may be used, but the completed application form El (3) A description of the proposed project; must clearly indicate that it is a PCN and must include all the project's purpose; direct and indirect adverse of the information required in paragraphs (b)(1) through environmental effects the project would cause; any (7) of this general condition. A letter containing the other NWP(s), regional general permit(s), or required information may also be used. individual permits) used or intended to be used to ❑ (d) Agency Coordination: authorize any part of the proposed project or any related activity. The description should be ❑ (1) The district engineer will consider any sufficiently detailed to allow the district engineer to comments from Federal and state agencies determine that the adverse effects of the project will concerning the proposed activity's compliance with • ' auonwide 29 Permit Summary - cne terms and conditions of the NWPs and the need Page for mitigation to reduce the project's adverse PCN. Applicants may also propose compenaacor, environmental effects to a mitigation for projects with smaller impacts. The disir_'c- nvnimal level. engineer will consider an requiring any proposed compensatory ❑ (2) For all NWP 48 activities r eq g p mitigation the applicant has included in the proposal in construction notification and for other NWP activities determining whether the net adverse environmental requiring pre - construction notification to the district effects to the aquatic environment of the proposed work engineer that result in the loss of greater than 1/2-acre are minimal. The compensatory mitigation proposal may of waters of the United States, the district engineer be either conceptual or detailed. If the district engineer will immediately provide (e.g., via facsimile determines that the activity complies with the terms and transmission, overnight mail, or other expeditious conditions of the NWP and that the adverse effects on the manner) a copy of the PCN to the appropriate Federal aquatic environment are minimal, after considering or state offices (U.S. FWS, state natural resource or mitigation, the district engineer will notify the permittee water quality agency, EPA, State Historic and include any conditions the district engineer deems Preservation Officer (SHPO) or Tribal Historic necessary. The district engineer must approve any Preservation Office (THPO), and, if appropriate, the compensatory mitigation proposal before the permittee NMFS). With the exception of NWP 37, these commences work. If the prospective permittee elects to agencies will then have 10 calendar days;fiom the submit a compensatory mitigation plan with the PCN, the date the material is transmitted to telephone or fax the district engineer will expeditiously review the proposed district engineer notice that they intend td provide compensatory mitigation plan. The district engineer must substantive, site - specific comments. If so contacted review the plan within 45 calendar days of receiving a by an agency, the district engineer will wait an complete PCN and determine whether the proposed additional 15 calendar days before making a decision mitigation would ensure no more than minimal adverse on the pre - construction notification. The district effects on the aquatic environment. If the net adverse engineer will fully consider agency comments effects of the project on the aquatic environment (after received within the specified time frame, but will consideration of the compensatory mitigation proposal) provide no response to the resource agency, except as are determined by the district engineer to be minimal, the provided below. The district engineer will indicate in district engineer will provide a timely written response to the administrative record associated with each pre- the applicant. The response will state that the project can construction notification that the resource agencies' proceed under the terms and conditions of the NWP. concerns were considered. For NWP 37, the If the district engineer determines that the adverse emergency watershed protection and rehabilitation effects of the proposed work are more than minimal, then activity may proceed immediately in cases where there is an unacceptable hazard to life or a si ificant the district engineer will notify the applicant either: (1) lo of ro perry or economic hard hardship That the project does not qualify for authorization under p shi will occur. The the NWP and instruct the applicant on the procedures to district engineer will consider any comments seek authorization under an individual permit; (2) that the received to decide whether the NWP 37 authorization should be modifi project is authorized under the NWP subject to the ed, suspended, or revoked in applicant's submission of a mitigation plan that would accordance with the procedures at 33 CFR 330.5. reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized ❑ (3) In cases of where the prospective permittee is not a Federal agency, the district under the NWP with specific modifications or conditions. engineer will provide a response to NMFS within 30 Where the district engineer determines that mitigation is calendar days of receipt of any Essential Fish Habitat required to ensure no more than minimal adverse effects conservation recommendations, as required by occur to the aquatic environment, the activity will be Section 305(b)(4)(B) of the Magnuson Stevens authorized within the 45 - day PCN period. The Fishery Conservation and Management Act. authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant ❑ (4) Applicants are encouraged to provide submit a mitigation plan that would reduce the adverse the Corps multiple copies of pre - construction effects on the aquatic environment to the minimal level. notifications to expedite agency coordination. When mitigation is required, no work in waters of the United States may occur until the district engineer has ❑ (5) For NWP 48 activities that require reporting, the district engineer will provide a copy of approved a specific mitigation plan_ each report within 10 calendar days of receipt to the ❑ (a) 28. Single and Complete Project. The activity must appropriate regional office of the NMFS. be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. ❑ (e) In reviewing the PCN for the proposed activity, the district engineer will determine whether the B. Regional Conditions: activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental I. Sacramento District (Al! States, except Colorado) effects or may be contrary to the public interest If the 1. When pre - construction notification (PCN) is required, the proposed activity requires a PCN and will result in a loss prospective permittee shall notify the Sacramento District in of greater than 1 /10 acre of wetlands, the prospective accordance with General Condition 27 using either the South permittee should submit a mitigation proposal with the Pacific Division Preconstruction Notification (PCN) Checklist or ,w,cre 29 Permit Summ?,. Page ei a completed application form (ENG Form 4345). In addition, impacts, other measures to avoid and minimize that were found the PCN shall ;include: to be impracticable, and a mitigation plan for offsetting impacts. a. A written statement explaining how the activity has 7. Road crossings shall be designed to ensure fish passage, been designed to avoid and minimize adverse effects, especially for anadromous fisheries. Permittees shall employ both temporary and permanent, to waters of the United bridge designs that span the stream or river, utilize pier or pile States; supported structures, or involve large bottomless culverts with a b. Drawings, including plan and cross - section views, natural streambed, where the substrate and streamflow clearly depicting the location, size and dimensions of the conditions approximate existing channel conditions. Approach proposed activity. The drawings shall contain a title fills in waters of the United States below the or high block, legend and scale, amount (in cubic yards) and size mark are not authorized under the NWPs, except wh e water (in acreage) of fill in Corps jurisdiction, including both avoidance has specifically been determined to be impracticable permanent and temporary fills/structures. The ordinary by the Sacramento District. high water mark or, if tidal waters, the high tide line � S. For NWP 12, clay blocks, bentonite, or other suitable should be shown (in feet), based on National Geodetic material shall be used to seal the trench to prevent the utility line Vertical Datum (NGVD) or other appropriate referenced from draining waters of the United States, including wetlands. elevation; and . For NWP 13, c. Pre - project color photographs of the project site taken vegetat on or other bank chnical design to the maximum extent from designatedlocations documented on the plan practicable. Activities involving hard - armoring of the bank toe drawing. or slope requires submission of a PCN per General Condition 27. 2. The permittee shall complete compensatory mitigation 10. For NWP 23, the PCN shall include a copy required by special conditions of the NWP verification before or Categorical Exclusion document and final agency t he signed concurrent with construction of the authorized activity, except determinations regarding compliance with Section 7 of the when specifically determined to be impracticable by the Endangered Species Act, Essential Fish Habitat under the Sacramento District. When project mitigation involves use of a Magnussen- Stevens Act, and Section 106 of the National mitigation bank or in -lieu fee program, payment shall be made Historic Preservation Act. before commencing construction. 11. For NWP 44, the discharge shall not cause the loss of more 3. The permittee shall record the NWP verification with the than 300 linear feet of streambed. For intermittent and Registrar of Deeds or other appropriate official charged with the ephemeral streams, the 300 linear foot limit may be waived in responsibility for maintaining records of title to or interest in real writing by the Sacramento District. This NWP does not property against areas (1) designated to be preserved as part of authorize discharges in waters of the United States supporting mitigation for authorized impacts, including any associated anadromous fisheries. covenants or restrictions, or (2) where structures such as boat ramps or docks, marinas, piers, and permanently moored vessels 12. For NWPs 29 and 39, channelization or relocation of will be constructed in or adjacent to navigable waters (Section intermittent or perennial drainage, is not authorized, except 10 and Section 404). The recordation shall also include a map when, as determined by the Sacramento District, the relocation showing the surveyed location of the authorized structure and would result in a net increase in functions of the aquatic any associated areas preserved to minimize or compensate for ecosystem within the watershed. project impacts. 13. For NWP 33, temporary fills for construction access in waters of the United States supporting fisheries shall be accomplished with clean, washed spawning quality gravels 4. The permittee shall place wetlands, other aquatic areas, and where practicable as determined by the Sacramento District, in any vegetative buffers preserved as part of mitigation for consultation with appropriate federal and state wildlife agencies. impacts into a separate "preserve" parcel prior to discharging dredged or fill material into waters of the United States, except 14. For NWP 46, the discharge shall not cause the loss of where specifically determined to be impracticable by the greater than 0.5 acres of waters of the United States or the loss Sacramento District. Permanent legal protection shall be of more than 300 linear feet of ditch, unless this 300 foot linear established for all preserve parcels, following Sacramento foot limit is waived in writing by the Sacramento District. District approval of the legal instrument. 15. For NWPs 29, 39, 40, 42, and 43, upland vegetated buffers 5. The permittee shall allow Corps representatives to inspect shall be established and maintained in perpetuity, to the the authorized activity and any mitigation areas at any time maximum extent practicable, next to aii preserved open waters, deemed necessary to determine compliance with the terms and streams and wetlands including created, restored, enhanced or conditions of the NWP verification. The permittee will be preserved waters of the U.S., consistent with General Condition notified in advance of an inspection. 20. Except in unusual circumstances, vegetated buffers shall be at least 50 feet in width. 6. For NWPs 29, 39, 40, 42, 43, 44, and 46, requests to waive the 300 linear foot limitation for intermittent or ephemeral 16. All NWPs except 3, 6, 20, 27, 32, 38, and 47, are revoked waters of the U.S. shall include an evaluation of functions and for activities in histosols and fens and in wetlands contiguous services provided by the waterbody taking into account the with fens. Fens are defined as slope wetlands with a histic watershed, measures to be implemented to avoid and minimize epipedon that are hydrologically supported by groundwater. Fens are normally saturated throughout the growing season, • ationwide 29 Permit Summary ° -dough they may not be during drought c y ot e rught onditions. For NWPs notification to the District En 3, 6, 20, 27, y 2, and of a prospective r ught pennittees and shall submit a Page k PCN to the Sacramento District in accordance with General Engineer m accordance with General Condition 27 (Pre - Construction Notification). Condition 27. b. Nationwide Permit No. 13 Bank Stabilization. In 17. For all NWPs, when activities are proposed within 100 feet Colorado, bank stabilization activities necessary for of the point of groundwater discharge of a natural spring, erosion prevention in streams that average less than 20 prospective Pern►ittees shall submit a PCN to the Sacramento feet in width (measured between the ordinary prospects accordance with General Condition 27. a A p gto azY high water marks) are 'United l the placement per running more g than 1/4 source is defined as any location where ground cubic yard of suitable fill"` material per running foot from a is defined the ground. location For 1 and water emanates below the plane of the ordinary from do not include u eeps or t of t s condition, a Activities �' ar water may be a ut defined channel, greater than 1/4 cubic yard may be authorized if the P it notifies the District Engineer in accordance II. California Only with General Condition 27 (Pre - Construction Notification) and the Co s de 1. In the Lake Tahoe Basin, all NWPs are revoked. Activities environmental effects areeminimal fines the g) f r r e in this area shall be authorized under Regional General Permit definition of Suitable Fill] �* See (g) for 16 or through an individual permit. c. Nationwide Permit No. 27 Aquatic Habitat 2. In the Restoration, Establishment, and Enhancement Activities. Primary and Secondary Zones of the Legal Delta, NWPs 29 and 39 are revoked. New development activities in (1) For activities that include a fishery enhancement the Legal Delta will be reviewed through the Corps' standard component, the Corps will send the Pre - Construction permit process. Notification to the Colorado Division of Wildlife Ill. Nevada Only (CDOW) for review. In accordance with General 1. In the Lake Tahoe Basin, all NWPs are revoked. Activities Condition 27 (Pre-Construction Notification), in this area shall be authorized under Regional General Permit CDOW will have 10 days from the receipt of Corps notification to indicate that they will be commenting on the proposed project. CDOW will then have an 16 or through an individual permit. IV. Utah Only additional 15 days after the initial 10-day period to provide those comments. If CDOW raises concerns, I. For all NWPs, except NWP 47, prospective permittees shall the applicant may either modify their plan, in submit a PCN in accordance with General Condition 27 for any coordination with CDOW, or apply for a standard activity, in waters of the United States, below 4217 feet mean individual permit. sea level (msl) adjacent to the Great Salt Lake and below 4500 feet msl adjacent to Utah Lake. (2) For activities involving the length of a stream, 2. A PCN is required for all bank stabilization activities in a the post- project stream sinuosity will not be significantly reduced, unless it is demonstrated that perennial stream that would affect more than 100 linear feet of the reduction in sinuosity is consistent with the stream natural morphological evolution of the stream 3. For NWP 27, facilities for controlling stormwater runoff, rsinuosity the ra tio of stream length to project construction of water parks such as kayak courses, and use of grout or concrete to construct in -stream structures are not (3) Structures will allow the upstream and authorized. A PCN is required for all projects exceeding 1500 downstream passage of aquatic organisms, including to linear feet as measured on the stream thalweg, using in stream fish native er the reach, as well as recreational water structures exceeding 50 cubic yards per structure and/or craft or other navigational activities, unless incorporating grade control structures exceeding 1 foot vertical specifically waived in writing by the District drop. For any stream restoration project, the post project stream Engineer. The use of grout and/or concrete in sinuosity shall be appropriate to the geomorphology of the building structures is not authorized by this surrounding area and shall be equal to, or greater than, pre nationwide permit project sinuosity. Sinuosity is defined as the ratio of stream (4) The construction of water parks (i.e., kayak length to project reach length. Structures shall allow the passage courses) and flood control projects are not authorized of aquatic organisms, recreational water craft or other by this nationwide permit. navigational activities unless specifically waived in writing by the District Engineer. d. Nationwide Permits Nos. 29 and 39; Residential Developments and Commercial and Institutional V. Colorado Only Developments. A copy of the existing FEMA/locally- approved floodplain map must be submitted with the Pre - l. Final Regional Conditions Applicable to Specific Nationwide Permits within Colorado. Construction Notification. When reviewing proposed developments, the Corps will utilize the most accurate a Nationwide Permit Nos. 12 and 14, Utility Line and reliable FEMAIlocally- approved pre - project Activities and Linear Transportation Projects. In the floodplain mapping, not post - project floodplain mapping Colorado River Basin, utility line and road activities based on a CLOMR or LOMB. However, the Corps will crossing perennial water or special aquatic sites require accept revisions to existing floodplain mapping if the :`:a:ionwiae 29 Permit Summan revisions resoive inaccuracies in the original flood lain Page 9 p 3. Final Regional Conditions for Revocation/Special mapping and if the revisions accurately reflect pre - project Notification Specific to Certain Geographic Areas conditions. 2. Final Regional Conditions Applicable to All Nationwide i. Fens: All Nationwide permits, except permit Nos. 3, Permits within Colorado 6, 20, 27, 32, 38 and 47, are revoked in fens and wetlands e. Removal of Temporary and 38, to fens. Use of nationwide permit Nos. 3, 20, 27 p rary Fills. General Condition 13 , requires notification to the District Engineer, in (Removal of Temporary Fills) is amended by adding the accordance with General Condition 27 (Pre - Construction following: When temporary fills are placed in wetlands in Notification), and the permittee may not begin the activity Colorado, a horizontal marker (i.e. fabric, certified weed- until the Corps determines the adverse environmental free straw, etc.) must be used to delineate the existing effects are minimal. The following defines a fen: ground elevation of wetlands that will be temporarily filled during construction. Fen soils (histosols) are normally saturated throughout the growing season, although they may f. Spawning Areas. General Condition 3 (Spawning not be during drought conditions. The primary Areas) is amended by adding the following: In Colorado, source of hydrology for fens is groundwater. all Designated Critical Resource Waters (see enclosure 1) Histosols are defined in accordance with the U.S. are considered important spawning areas. Therefore, In Department of Agriculture, Natural Resources accordance with General Condition 19 Desi Conservation Service publications on Keys to Soil ( grated Critical Resource Waters), the discharge of dredged or fill Taxonomy and Field Indicators of Hydric Soils in the material in not authorized by the following nationwide United States permits in these waters: NWPs 7, 12, 14, 16, 17, 21, 29, (httn: // soils. usda. gov /technical /classification /tax 31, 35, 39, 40, 42, 43, 44, 49, and 50. In addition, in nl accordance with General Condition 27 (Pre - Construction Notification), notification to the District Engineer is j' Springs: Within the state of Colorado, all NWPs, g except permit 47 (original `C'), require preconstruction required for use of the following nationwide permits in notification pursuant to General Condition 27 for these waters: NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, discharges of dredged or fill material within 100 feet of 27, 28, 30, 33, 34, 36, 37 and 38 ". the point of groundwater discharge of natural springs. A g. Suitable Fill. In Colorado, use of broken concrete as spring source is defined as any location where fill material requires notification to the District Engineer groundwater emanates from a point in the ground. For in accordance with General Condition 27 (Pre- purposes of this regional condition, springs do not include Construction Notification). Permittees must demonstrate seeps or other discharges which do not have a defined that soft engineering methods utilizing native or non- channel. manmade materials are not practicable (with respect to 4. Additional Information cost, existing technology, and logistics), before broken concrete is allowed as suitable fill. Use of broken The following provides additional information regarding concrete with exposed rebar is prohibited in perennial minimization of impacts and compliance with existing waters and special aquatic sites. general Conditions: h. Invasive Aquatic Species. General Condition 11 is a. Permittees are reminded of the existing General amended by adding the following condition for work in Condition No. 6 which prohibits the use of unsuitable perennial or intermittent waters of the United States: If material. Organic debris, building waste, asphalt, car heavy equipment is used for the subject project that was bodies, and trash are not suitable material. Also, General previously working in another stream, river, lake, pond, or Condition 12 requires appropriate erosion and sediment wetland within 10 days of initiating work, one the controls (i.e. all fills must be permanently stabilized to following procedures is necessary to prevent the spread of prevent erosion and siltation into waters and wetlands at the earliest practicable date). Streambed material or other New Zealand Mud Snails and other aquatic hitchhikers: small aggregate material placed along a bank as (1) Remove all mud and debris from equipment stabilization will not meet General Condition 12. Also, (tracks, turrets, buckets, drags, teeth, etc.) and keep use of erosion control mates that contain plastic netting the equipment dry for 10 days. OR may not meet General Condition 12 if deemed harmful to (2) Remove all mud and debris from Equipment wildlife. (tracks, turrets, buckets, drags, teeth, etc.) and b. Designated Critical Resource Waters in Colorado. In spray /soak equipment with either a 1:1 solution of Colorado, a list of designated Critical Resource Waters Formula 409 Household Cleaner and water, or a has been published in accordance with General Condition solution of Sparquat 256 (5 ounces Sparquat per 19 (Designated Critical Resource Waters). This list will gallon of water). Treated equipment must be kept be published on the Albuquerque District Regulatory moist for at least 10 minutes. OR home page ( http : / /www.spa.usace.army.mil /reg/) (3) Remove all mud and debris from equipment c. Federally- Listed Threatened and Endangered (tracks, turrets, buckets, drags, teeth, etc.)- -and Species. General condition 17 requires that nod - federal spray /soak equipment with water greater than 120 permittees notify the District Engineer if any listed degrees F for at least 10 minutes. species or designated critical habitat might be affected or p Nationwide 29 Permit Summary is in the vicinity of the project. Information on such Paget 0 are related to and located within such properties. The term species, to include occurrence by county in Colorado, includes properties of traditional religious and cultural may be found at the following U.S. Fish and Wildlife importance to an Indian tribe or Native Hawaiian organization 4. Service website: and that meet the National Register criteria (36 CFR part 60). htto : / /ww w.fws.gov/ mountain %2Dprairie /endsoninam c ounty search.htm Independent utility: A test to determine what constitutes a C. Further Information single and complete project in the Corps regulatory program. A project is considered to have independent utility if it would be 1. District Engineers have authority to determine if an activity con c absent the construction of other projects in the complies with the terms and conditions of an NWP. project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. 2. NWPs do not obviate the need to obtain other federal, state, Phases of a project that would be constructed even if the other or local permits, approvals, or authorizations required by law. phases were not built can be considered as separate single and 3. NWPs do not grant any property rights or exclusive complete projects with independent utility. privileges. Intermittent stream: An intermittent stream has flowing water 4. NWPs do not authorize any injury to the property or rights during certain times of the year, when groundwater provides of others. water for stream flow. During dry periods, intermittent streams may not have flowing water. unoff from rai 5. NWPs do not authorize interference with any existing or supplemental source of water for stream flownfall is a proposed Federal project. Loss of waters of the United States: Waters of the United D. Definitions States that are permanently adversely affected by filling, Best management practices (BMPs): Policies, practices, flooding, excavation, or drainage because of the regulated procedures, or structures implemented to mitigate the adverse activity. Permanent adverse effects include permanent environmental effects on surface water quality resulting from discharges of dredged or fill material that change an aquatic area development. BMPs are categorized as structural or non- to dry land, increase the bottom elevation of a waterbody, or structural. change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to Compensatory mitigation: The restoration, establishment jurisdictional waters for determining whether a project may (creation), enhancement, or preservation of aquatic resources for qualify for an NWP; it is not a net threshold that is calculated the purpose of compensating for unavoidable adverse impacts after considering compensatory mitigation that may be used to which remain after all appropriate and practicable avoidance and offset losses of aquatic functions and services. The loss of minimization has been achieved. stream bed includes the linear feet of stream bed that is filled or Currently serviceable: Useable as is or with some maintenance, excavated. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre - construction but not so degraded as to essentially require reconstruction. contours and elevations after construction, are not included in Discharge: The term "discharge" means any discharge of the measurement of loss of waters of the United States. Impacts dredged or fill material. resulting from activities eligible for exemptions under Section Enhancement: The manipulation of the physical, chemical, or 404(f) of the Clean Water Act are not considered when calculating the loss of waters of the United States. biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Non -tidal wetland: A non -tidal wetland is a wetland that is not Enhancement results in the gain of selected aquatic resource subject to the ebb and flow of tidal waters. The definition of a function(s), but may also lead to a decline in other aquatic wetland can be found at 33 CFR 328.3(b). Non -tidal wetlands resource function(s). Enhancement does not result in a gain in contiguous to tidal waters are located landward of the high tide aquatic resource area. line (i.e., spring high tide line). Ephemeral stream: An ephemeral stream has flowing water Open water: For purposes of the NWPs, an open water is any only during, and for a short duration after, precipitation events in area that in a year with normal patterns of precipitation has water a typical year. Ephemeral stream beds are located above the flowing or standing above ground to the extent that an ordinary water table year- round. Groundwater is not a source of water for high water mark can be determined. Aquatic vegetation within the stream. Runoff from rainfall is the primary source of water the area of standing or flowing water is either non - emergent, for stream flow. sparse, or absent. Vegetated shallows are considered to be open Establishment (creation): The manipulation of the physical, waters. Examples of "open waters" include rivers, streams, chemical, or biological characteristics present to develop an lakes, and ponds. aquatic resource that did not previously exist at an upland site. Ordinary High Water Mark: An ordinary high water mark is a Establishment results in a gain in aquatic resource area line on the shore established by the fluctuations of water and Historic Property: Any prehistoric or historic district, site indicated by physical characteristics, or by other appropriate means that consider (including archaeological site), building, structure, or other characteristics of the surrounding areas object included in, or eligible for inclusion in, the National (see 33 CFR 328.3(e))). ). Register of Historic Places maintained by the Secretary of the round during a typical year. The water table is located above the Perennial stream: A perennial stream has flowing water year- Interior. This term includes artifacts, records, and remains that _sananwide 29 Permit Summary dwater is u e year. G most `u carn bed tor of thron. the primary Shellfish seeding: " source of water for for of flow. G n from rainfall is a Page a supplemental ourcof war for stream re of m water fow ar uno flow. g The placement is shellfish seed Shellfish seed and/or suitable substrate to increase shellfish production. Shellfi consists of immature individual shellfish or individual shellfish Practicable: Available and capable of being done after taking gh attached to shells or shell fragments (i.e., spat on shell). Suitable project gy, and to istics in Ii t of overall substrate may substrate of shellfish shells, shell fragments, or other P J purposes. appropriate materials placed into waters for shellfish habitat. Pre - construction notification: A request submitted by the Single and complete project: The term "single and complete project proponent to the Corps for confirmation that a particular project" is defined at 33 CFR 330.2(i) as the total project activity is authorized by nationwide permit. The request may be proposed or accomplished by one owner /developer or a permit application, letter, or similar document that includes partnership or other association of owners/developers. A single information about the proposed work and its anticipated and complete project must have independent utility environmental effects. Pre - construction notification may be definition )• For linear �, • projects, a "single and complete project" is required by the terms and conditions of a nationwide permit, or all crossings of a single water of the United States (i.e., a single by regional conditions. A pre - construction notification may be waterbody) at a specific location. For linear projects crossing a voluntarily submitted in cases where pre - construction single waterbody several times at separate and distant locations, notification is not required and the project proponent wants each crossing is considered a single and complete project confirmation that the activity is authorized by nationwide permit. However, individual channels in a braided stream or river, or Preservation: The removal of a threat to, or preventin the individual arms of a large, irregularly shaped wetland or lake, g ct o re not nsideree sepa es, and crossings of such features decline at aquatic resources by an action in or near those aquatic resources. This term includes activities commonly cannot be considered separately. associated with the protection and maintenance of aquatic Stormwater management: Stormwater management is the resources through the implementation of appropriate legal and controlling mechanism for controllin stormwater runoff for the purposes of physical mechanisms. Preservation does not result in a gain of reducing downstream erosion, water quality degradation, and aquatic resource area or functions. flooding and mitigating the adverse effects of changes in land Re The manipulation of the physical, chemical, use on the aquatic environment. or biological characteristics of a site with the goal of returning Stormwater management facilities: Stormwater management natural/historic functions to a former aquatic resource. Re- facilities are those facilities, including but not limited to, establishment results in rebuilding a former aquatic resource and stormwater retention and detention ponds and best management results in a gain in aquatic resource area. practices, which retain water for a period of time to control runoff Rehabilitation: The manipulation of the physical, chemical, or concentration of nutrients, s hazardous substances Q ty (i.e., by reducing the biological characteristics of a site with the goal of repairing other pollutants) of stormwater runoff and natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but Stream bed: The substrate of the stream channel between the does not result in a gain in aquatic resource area. ordinary high water marks. The substrate may be bedrock or Restoration: The manipulation of the physical, chemical, or Wetlands contiguous to the g stream bed, but of the biological characteristics of a site with the goal of returning ordinary high water marks, are not considered part of the stream natural/historic functions to a former or degraded aquatic bed. resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re- Stream channelization: The manipulation of a stream's course, establishment and rehabilitation. condition, capacity, or location that causes more than minimal Riffle and pool complex: Riffle and pool complexes are special remains a water of he United States. processes. A channelized stream aquatic sites under the 404(b)(1) Guidelines. Riffle and pool of Structure: An object that is arranged in a definite pattern complexes sometimes characterize steep gradient sections of rn streams. Such stream sections are recognizable by their organization. Examples of structures include, without limitation, hydraulic characteristics. The rapid movement of water over a any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial course substrate in riffles results in a rough flow, a turbulent ficial island, surface, and high dissolved oxygen levels in the water. Pools are artificial reef, permanent mooring structure, power transmission deeper areas associated with riffles. A slower stream velocity, a line, permanently moored floating vessel, piling, aid to streaming flow, a smooth surface, and a finer substrate navigation, or any other manmade obstacle or obstruction. characterize pools. Tidal wetland: A tidal wetland is a wetland (i.e., water of the Riparian areas: Riparian areas are lands adjacent to streams, United States) that is inundated by tidal waters. The definitions lakes, and estuarine marine shorelines. Riparian areas are of a wetland and tidal waters can be found at 33 CFR 328.3(b) transitional between terrestrial and aquatic ecosystems, through and 33 CFR end me f), respectively. Tidal waters rise and fall in a which surface and subsurface hydrology connects waterbodies predictable and measurable rhythm or cycle due to the with their adjacent uplands. Riparian areas provide a variety of gravitational pulls of the moon and sun. Tidal waters end where ecological functions and services and help improve or maintain the rise and fall of the water surface can no longer be practically local water quality. (See general condition 20.) measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located c _nonwide 29 Permit cnannelward of the high tide line, which is defined at 33 CFR 328.3(d). Page ] 2 sites under the 404 b 1 Guidelines. They are areas that are oennanently inundated and under normal circ rooted aauatir �'PRPt�,; L _ umstances have catuanne systems and a variety of vascular rooted plants in freshwater systems. Waterbodv in junsdictional water of the United States that, during y a normal patterns of precipitation, has water flowing year or standing g above ground to the extent that an nrdina,,, • ,uuicarors otjurisdiction can lie determined, as well as any wetland area (see 33 CFR 328.3(b)). If a jurisdictional wetland is adjacent -- meaning borderine, displaying an OHWM or other indicators of jurisdic that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 ('FI7 174 Al ,r,,, wawwrooaies" include streams, rivers, lakes, ponds, and wetlands. A1.1O1 T /ONMC. LAN4 Sc p°41144 To ye °ONE - PEN 14 Pp K o yEb A C.1 f K ?kW T o .S T'T Page4of6 � 2 y c ol� A lpineEco EA, G I/vRs Schedule The preferred project schedule would be to begin construction in August 2010. Compensatory Wetland Mitigation In order to compensate for the 2,135 sf of wetlands permanently lost as a result of the project, the remaining wetlands will be enhanced by planting various native shrubs. The plantings will be placed in wetland areas north and east of the new driveway (but not within 20 feet of Booth Creek Drive) and will consist of approximately 50 willows and 30 other shrubs as listed in Table 2. Table 2: Shrubs to be Planted for Compensatory Mitigation Common Name Scientific Name Quantity General Planting Location Shrubby cinquefoil Dasiphora fruticosa 10 Small openings along wetland edge in areas seasonally saturated Prickly currant Ribes lacustre 10 Small openings along wetland edge in areas seasonally saturated Twinberry honeysuckle Lonicera involucrata 10 Small openings along wetland edge in areas seasonally saturated Small openings in wetland or along Park willow Salix monticola 25 wetland edge where soil is permanently or seasonally saturated Small openings in wetland or along Drummond's willow Salix drummondiana 25 wetland edge where soil is permanently or seasonally saturated Total 80 All shrubs will be 1 - gallon (or similar) containerized plants and will be planted in wetland areas selected by a qualified ecologist. Willows could be salvaged from the impact area if they can be cut and planted when dormant, but not when the ground is frozen or snow covered. If cuttings are to be used, they will be harvested while dormant, stripped of all branches, and cut into 3 -foot long segments with a 45 degree angle cut on the rooting end. The cuttings will be placed into water within 2 minutes of cutting and soaked (completely submerged) for at least 48 hours prior to planting. The cuttings will be kept wet until placed into the ground and will not be allowed out of water for more than 10 minutes during planting. They will be planted by pushing them into the ground (angled end first) as far as possible. All cuttings will be trimmed after installation to ensure that no more than 12 inches is left above ground. Photographs of the planting areas will be taken before, during, and after planting for submittal to the Corps and all plantings will be supervised by a qualified ecologist. Alpine Ecological Resources, LLC 1127 Adams Street • Denver, Colorado 80206 303.859.1475 • www.alpine- eco.com • Page 5 of 6 s AlpineEco Other Mitigation Measures In addition to compensatory mitigation, the following mitigation measures will be employed during construction to minimize adverse impacts to waters of the US: • Unnecessary impacts will be avoided by placing silt fence, erosion logs, or other fencing at the limits of permanent wetland impacts during construction. • There will be no vehicle access in wetland areas outside the limits of permanent impacts. • Best Management Practices (BMPs) will be used during all phases of construction to reduce impacts from sedimentation and erosion, including the use of berms, brush barriers, check dams, erosion control blankets, erosion logs, filter strips, sandbag barriers, sediment basins, silt fences, straw -bale barriers, surface roughening, and/or diversion channels. • Equipment will be refueled in designated contained areas, a minimum of 50 feet from wetlands and other water features. Conclusion I am requesting authorization of N WP No. 29 for the permanent loss of 2,135 sf of waters of the US as the result of the placement of 238 cy of fill material for a new driveway. No TES or cultural resources are expected to be impacted as a result of the project. Compensatory wetland mitigation includes the planting of 80 native shrubs on -site in the remaining undisturbed wetland. If you need additional information or have questions, please contact me at 303.859.1475 or andyherb@alpine-eco.com. Sincerely, Andy Herb Ecologist/Owner CC: Ms. Emy Reusswig Mr. Danny Swertfeger, Architectural Services Attachments: Attachment A— Wetland Determination Forms Attachment B —Site Photographs Attachment C— Construction Drawings Attachment D- Nationwide Permit PCN Checklist References Berglund, J. and McEldowney, R. 2008. Montana Wetland Assessment Method. Prepared for the Montana Department of Transportation. PBS &J. March. Alpine Ecological Resources, LLC 1127 Adams Street Denver, Colorado 80206 • 303.859.1475 • www.alpine- eco.com