WSP06003

• File Number: 8449.900
• Description: Bear Creek
• State: CO
• Basin: South Platte
• Date: 11/1/1991
• Author: City of Lakewood
• Title: Bear Creek Lake Preliminary Environmental Assessment Wetland Task Report
• Water Supply Pro - Doc Type: Publication

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ES ENGINEERING.SCIENCE

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authority for federal wetlands regulation. The EPA and the Corps have joint
authority for admini~tering this section and have developed environmental
standards to be applied in the permitting process.

The following section discusses conditions under which a Section 404 individual
permit could apply, provisions of the memorandum of agreement (MOA) between
EPA and the Corps regarding wetland mitigation, Executive Order (EO) 11990
implications, and EA requirements.

Section 404 Compliance

The Section 404 permit program regulates discharges of dredged or fill material
into waters of the United States (U.S.), which includes jurisdictional wetlands.
Under Section 404, it is unlawful to discharge dredged or fill material into U.S.
waters without first receiving authorization from the Corps. A discharge of dredged
or fill material involves the physical placement of soil, sand, gravel, dirt, dredged
material, or other such materials into U.S. waters, including streams, lakes, marshes,
bogs, and other types of wetlands. Dredge and fill operations typically involved with
water resource projects include channel construction and maintenance, dam
construction, levee construction, fills for structural foundations, and excavations for
drainage or structural facilities.

Authorization involves issuance of an individual discharge permit for a specific
activity or project or inclusion under provisions of the nationwide permit program, if
certain conditions are met. Generally, wetland losses of 10 acres or more require an
individual permit, whereas losses between 1 and 10 acres can be addressed either
under the nationwide program or as an individual permit action. The Corps can use
its discretionary authority to require an individual permit for less than 10 acres of
loss. However, losses of less than 10 acres are usually 8dmini~tered under the
nationwide program.

The proposed storage scenarios could require a Section 404 permit, if project-
related activities involve dredging of shoreline or bottom sediments, or placement of
fill in the reservoir. These activities would most likely be associated with structural
alterations of the lake intake structure, outlet works, placement of riprap below the
ordinary high water level (elevation 5,558 feet), or other activities that result in the
disturbance or suspension of sediments in the water. Although the activities would
not affect wetlands directly, the indirect results of these actions would affect the
quality of the surrounding waters, which are within the regulatory jurisdiction of the
CW A and would require a 404 permit. Once the 404 permit process begins, all
waters of the U.S., including wetlands, would be subject to review, thus leading to
the inclusion of wetlands within the scope of permit application review.

Simple storage of additional water in the existing reservoir, without alteration of
structural facilities below the normal high water level, .is unlikely to require a
Section 404 permit or initiate the Section 404 process because disposal or placement
of dredged or fill material in any waters of the U.S. is not involved (Gorton, 1991).

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