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The District Engineer, U.S. Army Engineer District, Omaha, Nebraska is evaluating a Department of the Army Section 404 Permit application from the Urban Drainage and Flood Control District (UDFCD), 2480 West 26th Avenue, Suite 156-B, Denver, Colorado 80211, c/o CORVUS Environmental Consulting, LLC, Attn: Mary Powell.

UDFCD is proposing flood control improvements along City Park Channel to the confluence of Big Dry Creek. The project, as proposed, will permanently impact 1.27 acres of wetlands and temporarily impact 0.13-acre of wetlands and 250 linear feet (0.09-acre) of Big Dry Creek.

PUBLIC NOTICE US Army Corps of Engineers Omaha District

REPLY TO: Denver Regulatory Office 9307 South Wadsworth Blvd Littleton, CO 80128-6901 FAX (303) 979-0602

Application No: Project: Applicant: Waterway: Issue Date: Expiration Date:

NWO-2017-00648-DEN City Park Channel ­ Phase 2 Urban Drainage and Flood Control District City Park Channel June 28, 2017 July 28, 2017

30 DAY NOTICE

PUBLIC NOTICE FOR SECTION 404 PERMIT APPLICATION SUBMITTED TO U.S. ARMY CORPS OF ENGINEERS Notice The District Engineer, U.S. Army Engineer District, Omaha, Nebraska is evaluating a Department of the Army Section 404 Permit application from the Urban Drainage and Flood Control District (UDFCD), 2480 West 26th Avenue, Suite 156-B, Denver, Colorado 80211, c/o CORVUS Environmental Consulting, LLC, Attn: Mary Powell. Permits are issued under Section 404 of the Clean Water Act (Section 404) which regulates the placement of dredged or fill material in the nation's waters. Summary UDFCD is proposing flood control improvements along City Park Channel to the confluence of Big Dry Creek. The project, as proposed, will permanently impact 1.27 acres of wetlands and temporarily impact 0.13-acre of wetlands and 250 linear feet (0.09-acre) of Big Dry Creek. Location The project is located in Sections 5 and 6 within Township 2 South and Range 68 West in Broomfield and Adams Counties, Colorado. The approximate project center latitude is 39.914075 and the longitude is -105.034427. Existing Conditions The project area is within the northwest Denver Metropolitan Area in the Big Dry Creek watershed. Development within this watershed has increased the amount of impervious surfaces, which has Page 1 of 11 Corps of Engineers' Section 404 Public Notice: City Park Channel Improvements Phase 2 Corps File No: NWO-2017-00648-DEN Waterway: City Park Channel, Broomfield and Adams Counties, Colorado Applicant: Urban Drainage and Flood Control District

resulted in higher stormwater volumes. In 2009, the UDFCD constructed a portion of the stormwater channel (Phase 1), which was proposed to convey the 100-year flood flows, but currently only conveys water in large events. The Phase 1 section of channel flows through an existing box culvert under 120th Avenue. Currently, during flood events, flows within the City Park Channel inundate 120th Avenue. Description of Work The proposed project has two main components: 1) to construct an extention to the Phase 1 section of channel to converge with Big Dry Creek to the east (overflow channel); and 2) restrict the peak flows from entering the northern channel so that only baseflows are allowed passage. The goal of the flood control improvement project is to allow for sufficient flow to maintain the vegetation and riparian habitat within Metzger Farm Open Space and the City Park Channel to the north of 120th Avenue; to provide water quality benefits within the Metzger Pond by reducing sediment deposition during flood events; flood flows toward the Metzger Pond dam would be significantly reduced and would reduce the risk of overtopping the of dam; and the peak diversion flow to the north side of 120th Avenue would be contained within the existing channel. Project Purpose and Need The basic project purpose is flood control. The overall project purpose is to address safety concerns associated with flood conveyance and protect the existing infrastructure and private property, as well as improving the aquatic ecosystem of the Metzger Farm Ponds. Impacts and Mitigation The proposed flood control project would require the unavoidable discharge of fill material into waters of the U.S. and abutting wetlands associated with Big Dry Creek within the project area. Following are the approximate amounts of fill that would be permanently placed within waters of the U.S., including wetlands:

215 cubic yards of concrete 150 cubic yards of grouted boulders and bedding 530 cubic yards of void-filled soil riprap

The project would result in 895 cubic yards of fill material. Unavoidable permanent impacts to 1.27 acres of wetlands associated with flood control improvements is proposed. Temporary impacts include 0.13-acre of wetlands and 250 linear feet (0.09-acre) of Big Dry Creek. Permanent impacts on waters of the U.S. primarily consist of the construction of the overflow channel to converge with Big Dry Creek. Unavoidable temporary and permanent impacts would occur to additional portions of the project area as construction vehicles access the project area during construction to conduct the flood control improvements. The proposed project has been designed to minimize impacts to Big Dry Creek, and its associated wetlands to the greatest extent practicable. In addition to avoiding and minimizing direct impacts, the project would include best management practices (BMPs) during construction to minimize indirect impacts on adjacent areas. Standard BMPs, including sediment-control logs, construction fencing, Page 2 of 11 Corps of Engineers' Section 404 Public Notice: City Park Channel Improvements Phase 2 Corps File No: NWO-2017-00648-DEN Waterway: City Park Channel, Broomfield and Adams Counties, Colorado Applicant: Urban Drainage and Flood Control District

vehicle-tracking control at the entrance, and temporary rock check dams would be used to reduce impacts outside of the project area. As proposed, temporary and permanent impacts on waters of the U.S. and adjacent wetlands would be mitigated for on-site, in-kind, and at a 1:1 ratio using a combination of restoration, compensatory mitigation, and improvements to the aquatic ecosystem. ********************* The Colorado Department of Public Health and Environment, WQCD-GWPS-B2, 4300 Cherry Creek Drive South, Denver, Colorado 80222-1530, will review the proposed project for state certification in accordance with the provisions of Section 401 of the Clean Water Act. The certification, if issued, will express the State's opinion that the operations undertaken by the applicant will not result in a violation of applicable water quality standards. For further information, please contact the Colorado Water Quality Control Division at (303) 692-3500. In compliance with the Endangered Species Act, a preliminary determination has been made that the described work will not affect species designated as threatened or endangered or adversely affect critical habitat. In order to complete our evaluation of this activity, comments are solicited from the U.S. Fish and Wildlife Service and other interested agencies and individuals. The Corps of Engineers, Omaha District will comply with the National Historic Preservation Act of 1966, and amendments and the procedures set forth in 33 CFR 325, Appendix C. The Corps will evaluate input by the State Historic preservation Office, Tribes, and the public in response to this public notice, and we may conduct or require a survey of the permit area to check for unknown historic properties, if warranted. The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against the reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, wetlands, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the work on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act (40 C.F.R. Part 230). The Corps of Engineers is soliciting written comments from the public; Federal, state and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general Page 3 of 11 Corps of Engineers' Section 404 Public Notice: City Park Channel Improvements Phase 2 Corps File No: NWO-2017-00648-DEN Waterway: City Park Channel, Broomfield and Adams Counties, Colorado Applicant: Urban Drainage and Flood Control District

environmental effects, and other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Comments, both favorable and unfavorable, will be accepted, made a part of the record and will receive full consideration in subsequent actions on this application. Any agency or individual having an objection to the work should identify it as an objection with clear and specific reasons. All replies to the public notice should be sent to the U. S. Army Corps of Engineers, Denver Regulatory Office, 9307 South Wadsworth Blvd, Littleton, Colorado 80128-6901. For additional information please contact Ms. Angelle Greer at (303) 979-4120 or visit the Denver Regulatory Office web site at: http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Colorado/PublicNotices.aspx The District Engineer will consider requests for holding a public hearing, for the purpose of gathering additional information. Before the expiration date of this notice, anyone may request, in writing, that a public hearing be held. Requests for a public hearing should state specifically the reasons for holding a public hearing, and what additional information would be obtained. Should the District Engineer decide that additional information is required and a public hearing should be held, interested parties will be notified of the date, time and location. Comments received after the close of business on the expiration date of this public notice will not be considered.

Page 4 of 11 Corps of Engineers' Section 404 Public Notice: City Park Channel Improvements Phase 2 Corps File No: NWO-2017-00648-DEN Waterway: City Park Channel, Broomfield and Adams Counties, Colorado Applicant: Urban Drainage and Flood Control District

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