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HomeMy WebLinkAboutGore Creek Revegetation Project 11.4 USACE Permit Compliance.pdf • UYER r/J ( PO Box 02123.Glenwood Springs.Colorado 81602.(970)947-9568 September 14, 2016 Thomas Kassmel, PE Town of Vail Department of Public Works Town Engineer 1309 Elkhorn Drive Vail, CO 81632 Phone 970-479-2235 RE: 404 Permit Documentation for Gore Creek Revegetation Project 11.4,Vail, CO Dear Tom, This letter documents supplemental information for Bank Revegetation Project 11.4 on Gore Creek,just downstream of the skier bridge in Vail, CO. The Project is located downstream of the Middle Creek confluence and upstream of the Red Sandstone Creek confluence. The banks along Gore Creek within the project reach have been eroded by the creek and as a result of random trampling and pedestrian traffic. This project is proposed to restore the areas degraded bank with revegetation, route pedestrian traffic to designated access points, and installation of slabstone access steps. Furthermore, it is shown herein how the proposed project conforms with NWP 13 (2012) conditions for bank stabilization activities necessary for erosion prevention. The project is slated to begin in October 2016. Work to be conducted as part of this project includes: • Revegetation and construction of a boulder toe of approximately 70 feet the north bank and; • Construction of one slabstone access point, approximately 20 feet wide on the north bank Equipment access to the project site will be achieved via the bike path on the north side of Gore Creek by way of Lionshead Pl. The bike path adjacent to the project would be required to be closed by the Town of Vail during construction. If riparian vegetation is encountered during equipment access, mats or other measures will be employed to minimize soil disturbance. Riparian vegetation will be cut to ground level as necessary,prior to the placement of these mats, to improve recovery of existing vegetation following construction activities. Furthermore, all existing areas of vegetation will be supplemented or replanted with native riparian species with greater than 1:1 replacement area. BMPs will also be employed to minimize impacts during construction. The following criteria were used to demonstrate the projects consistency with requirements of the Nationwide Permit No.13 conditions and corresponding regional conditions for Colorado: a) No material shall be placed in excess of the minimum needed for erosion protection; b) The proposed activity restores less than 250 linear feet along the bank; c) Discharge of materials do not exceed an average of 1 cubic yard per running foot placed along the bank under the ordinary high water line; d) No discharge of dredged materials are to be filled into special aquatic sites; • UYER r ( PO Box 02123.Glenwood Springs.Colorado 81602.(970)947-9568 e) No material will be of the type, or will be placed in any location, or in any manner, to impair surface water flow into or out of any waters of the United States; f) No material will be placed in a manner that will be eroded by normal or expected high flows; g) This is not a stream channelization activity; h) Stream width is greater than 20 feet and therefore conforms with Colorado Regional Conditions; i) The stream is not considered a Critical Resource Water in Colorado as it is not listed a) by CDPHE as an Outstanding Natural Resource water, b) it is upstream of the Gold Medal Waters designation for Gore Creek as managed by CPW; c) is not designated as Cutthroat Trout Waters by CPW as it is not on Booth Creek or on Pitkin Creek. In addition to these requirements, all general conditions have also been observed as part of this project. The following general conditions have also been used to demonstrate the projects consistency with all requirements of the Nationwide Permit No.13: 1. Activities will not permantley impact navigation on Gore Creek; 2. Activities will not negatively impact the necessary life cycle movements of those species of aquatic life indigenous to the waterbody; 3. Activities in spawning areas have been avoided to the maximum extent practicable. Logistics require that activities be performed this year during the shoulder season for golfing activites. This project site is not designated as an Important Spawing Areas as identified by Gold Medal designation, downstream below Red Sandstone Creek, or as a Critical Resource Waters; 4. Gore Creek is not known to be migratory bird breeding area during this period; 5. Gore Creek does not contain concentrated shellfish populations; 6. All proposed materials shall be suitable for fill as described and shall be clean and free from toxic pollutants; 7. No Water Supply Intakes are present or imacted. BMPs will be used to prevent any potential downstream impacts; 8. Waters shall not be impounded for construction activities. 9. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters shall be maintained during the construction activity. This project is designed to maintain the pre construction channel configuration and convey flows up to 100- year event; 10. The activity complies with all applicable FEMA-approved state or local floodplain management requirements; 11. BMPs will be implemented to minimize equipment disturbance; 12. BMPs and Care of Water will be implemented and maintained throughout the duration of project construction. Erosion control measures such as seeding, planting, and erosion control fabrics will be implemented during site reclamation; 13. Temporary fills shall be removed in their entirety and the affected areas returned to preconstruction elevations. The affected areas shall be revegetated, as appropriate; Rol ER 4,5 PO Box 02123.Glenwood Springs.Colorado 81602.(970)947-9568 14. All structures and fill will be maintained to ensure public safety; 15. The activity is a single and complete project; 16. Gore Creek is not a congressionally designated Wild and Scenic or Wild and Scenic Study River; 17. No Tribal Rights are involved; 18. This project will not directly or indirectly jeopordize the continued existence of threatened or endangered species or a species proposed for such designation; 19. Any"take"permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act shall be obtained by the Permitee; 20. No properties listed or eligible for listing in the National Register of Historic Places will be impacted by the proposed activity; 21. If previously unknown historic, cultural or archeological remains and artifacts are discovered while accomplishing the activity authorized by this permit, the district engineer shall be notified of the findings, and to the maximum extent practicable, construction activities shall be avoided that may affect the remains and artifacts until the required coordination has been completed; 22. This reach of Gore Creek is not listed as a designated Critical Resource Waters; 23. Mitigation will not be required in the project area as there will be no net loss of wetland as a result of the proposed activity; 24. Waters will not be impounded for construction activities; 25. Section 401 Water Quality Certification is provided by the NWP#13 in Colorado; 26. The project area is not located within a Coastal State; 27. This project complies with all Regional Case by Case conditions identified for the Sacramento District of Colorado; 28. This project is proposed to be performed under a single Nationwide Permit; 29. If the permittee sells the property associated with a nationwide permit verification, appropriate steps outlined in General Condition 29 shall be followed; 30. A signed certification documenting the completion of the authorized activity and any required compensatory mitigation shall be provided to the Corps following the completion of this activity; and 31. Pre Construction Notification is not required for this activity due to this project compliance with all applicable general and regional conditions. In addition to these requirements, all general conditions have also been observed as part of this project. Because the proposed project is to be performed in Colorado, additional regional conditions were also satisfied. The measured average width of Gore Creek, as defined between the ordinary high water marks, within the immediate vicinity of the project site is 40 feet. The volume of fill placed along the bank under the ordinary high water line was calculated as 0.5 cubic yards per running foot. No temporary fills will be placed within wetlands. However, if necessary, a horizontal marker will be used to delineate the existing ground elevation of wetlands to receive temporary fills. Activities will not be conducted within designated spawning areas.All specified procedures to prevent the spread of invasive aquatic species are required of the Contractor in the Technical Specifications. 011k1 PO Box 02123.Glenwood Springs.Colorado 81602.(970)947-9568 It is our opinion that the project conforms to the NWP 13 Corps conditions without requiring Pre-Construction Notification. Final project plans should be filed with this letter, to support any future requests from the USACE and to document information on all proposed construction activities that may be requested by regulators. The property owner should verify holding the NWP, which will allow future maintenance, per General Condition 29. After completion of the project, the USACE will require notification of completion of the project per NWP General Condition 30. If you have any additional questions or concerns in regard to this project, please contact us by telephone or email. Sincerely, Scott Prins P.E. River Engineer scott.prins@riverrestoration.org (970) 947-9568