Lower South Platte River Study

• Contractor Name: Colorado Water Conservation Board
• Loan Projects - Doc Type: Feasibility Study

Lower South Platte River Study
Colorado Water Conservation Board
' December 2001
' The analysis completed to date indicates that a potential water storage project can
operate effectively under the above constraints, and depending on the specific uses of
the facility, may have little to no ESA mitigation issues. To fully document project
feasibility, the topics outlined here may need to be evaluated in greater detail.
' Even though it is likely that a proposed project would be completed during the first
increment of the proposed program, a brief description of how projects are handled
during the CA is provided below.
Under the CA, a water-related activity(requiring a federal action) with depletion
greater than 25 acre-feet will require replacing the consumptive use below the
' diversion point within the state in which the depletion occurs. Replacement is to
occur outside of the irrigation season and at a time of shortage for the species.
' The USFWS also will be concerned about the impacts on wildlife, fishery, and
botanical resources and will require that a Fish and Wildlife Coordination Act
' (FWCA) report be prepared in cooperation with the Colorado Division of Wildlife to
address other terrestrial and aquatic wildlife and habitat issues.
' In addition to USFWS and CA issues, other federal agencies may be involved in
permitting:
' • The Environmental Protection Agency (EPA) and the Clean Water Act: The
EPA has the power to veto any water project permit issued under the Clean Water
Act. The EPA is generally concerned that the applicant demonstrates an adequate
purpose and need for the project and focuses on water quality and wetlands issues.
' • The U.S. Army Corps of Engineers (COE) and 404 Permits: Under Section 404
of the Clean Water Act, a permit from the COE is required whenever material is
dredged or filled in the waters of the United States. Any construction in jurisdictional
wetlands or below the ordinary high waterline of a stream or reservoir is generally
considered an impact to the waters of the United States. As a result, this law
' generally impacts the construction of new dams and modification of existing dams.
As part of this reconnaissance-level study, a preliminary wetlands assessment was
performed, as described in Section 5.5.
An alternative to the individual permit is to utilize an existing nationwide permit that
' has already been documented by NEPA. Sometimes modification of an existing dam
can be designed to minimize impacts below the ordinary high waterline of the
existing reservoir or riverbank so that the construction qualifies under an existing
' nationwide permit. In this case, a letter from the COE confirming that the project
GEI Consultants, Inc. 3-5 01002 Dec 2001 Lower South Platte River Study