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20 Feasibility Report for Dam Safety Modifications to DeWeese Dam April 22, 1997 4. PERMITTING AND REGULATORY ISSUES 4.1 FEDERAL PERMITTING REQUIREMENTS Based on preliminary discussions with the Albuquerque District of the V,S, Army Corps of Engineers, it appears that the proposed dam safety modifications would qualify for a Nationwide dredge and fill permit under Section 404 of the Clean Water Act (CW A), Nationwide permits allow for a stream-lined permitting process, because they have already been through the National Environmental Policy Act (NEPA) process, Activities that do not qualify under Nationwide permits must receive an individual permit. The Nationwide permit would include CW A Section 40 I water quality certification as welL The crest modifications are expected to qualify under Nationwide Permit No.3, If construction of a temporary fill at the downstream toe of the dam is required to provide a crane platform during construction, it would be expected to qualify under Nationwide Permit No, 33. 1bis work would require a 30-day written Pre-Construction Notification. As part of the permitting process, the Corps would require formal notification of the planned activity, including a description of the proposed modifications and a general description of how the work would be performed. Based on our preliminary discussions with the Corps, it appears that disposal of the demolished concrete in the reservoir would require an individual 404 permit The permitting complications which could develop with the application of an individual permit could outweigh the reduced concrete disposal costs associated with in-reservoir disposaL The permitting and project cost impacts resulting from reservoir disposal of the concrete can be evaluated in more detail as part of the final design of the proj ecl. Construction of the project would also require a stormwater permit issued under the requirements of the National Pollution Discharge Elimination System, This permit would be obtained by the Contractor as part of his work, 4.2 STATE AND LOCAL PERMITTING REQUIREMENTS Custer County officials have indicated that the proposed dam safety modifications will require a "Wildlife Review" conducted by the County, These reviews are typically conducted by the Colorado Division of Wildlife for the County, and are intended to focus on potential project impacts to wildlife and habitat areas, Our preliminary discussions with the County have indicated that the process is relatively informal, and it does not appear at this time that the process will present a significant obstacle in the development and implementation of the project We would anticipate that the County's review process could be conducted concurrent with the Corps of Engineers' permitting activities discussed above, ~ GEl Consultants, Inc, 96006\REPORTS\FEAS\TEXT.NEW I I I I I I I I I I I I I I I I I I I