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
qualifies under a nationwide permit eliminates the need for any further NEPA
documentation.
• Special Use Permits: If the project impacts federal lands, a Special Use Permit must
be provided by the land management agency. Regulatory authority that allows the
land management agency to permit projects on its land is provided under the Federal
' Land Planning and Management Act(FLPMA). There are no federal lands in the
study area.
' Several reservoir sites involve state lands. If these lands were purchased or improved
with federal-aid money, the potential is high that a project affecting these lands would
be subject to federal review under NEPA. At present, the significance of this issue is
' not known because we do not have information about the use of federal funds, except
at one location. We understand that some federal funds were used for State Park
development at Julesburg Reservoir. However, the wetlands/waters of the U.S. issues
at Julesburg Reservoir would, in any event, most likely trigger federal involvement
under Section 404 of the Clean Water Act.
' 3.2 State Permits
' Key Colorado state agencies that generally become involved through the NEPA or 404
permit process include:
• The Colorado State Historic Preservation Office (SHPO): If any significant
cultural resources are impacted by the project, the SHPO has the authority under
' Section 106 of the Historic Preservation Act to ensure that these resources are
adequately protected.
' • The Colorado Division of Wildlife (CDOW): In addition to commenting on the
FWCA report, the CDOW may also be concerned about specific fisheries or state
' wildlife species of special concern which may be impacted by the project. State
species of concern include the Plains top minnow, Suckermouth minnow, and Brassy
minnow.
• The Colorado Department of Public Health and Environmental (CDPHE): The
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CDPHE must also issue a 401 water quality certification for the project. Issues
' related to water quality degradation are addressed in the 401 water quality
certification during the 404 permitting process.
GEI Consultants, Inc. 3-6 01002 Dec 2001 Lower South Platte River Study