WSP06241

• File Number: 8449.860
• Description: South Platte Projects - Metropolitan Denver Water Study
• State: CO
• Basin: South Platte
• Date: 3/1/1988
• Author: USACOE
• Title: Metropolitan Denver Water Supply Environmental Impact Statement - Summary
• Water Supply Pro - Doc Type: EIS

INSTITUTIONAL

1.51 DWB's two proposed projects were reviewed for compliance or

conflict with all known Federal, State, regional, and local plans,

policies, and controls. The most prominent of these for which

compliance has not been determined are the following.

Section 404 of the Clean Water Act

Section 401 of the Clean Water Act

National Forest Management Act

State Water Policy

1.52 Section 404 of the Clean Water Act mandates that no discharge of

dredged or fill material shall be permitted which will cause or

contribute to signifIcant degradation of waters of the United States.

This determination will take into consideration mitigation of adverse

impacts. It will be made after the public has reviewed and commented

on the Final EIS and will be contained in the Corps' Record of

Decision.

1.53 Section 401 of the Clean Water Act mandates certification that

the physical and operational effects of the discharge do not violate

State water quality standards. This certification could contain

conditions which the Corps would have to impose and the DWB would have

to fulfill to ensure that there would be no violation of app'licable

State water quality standards and use classifications. The Colorado

Department of Health will be providing 401 certification or a denial

thereof for construction-related water quality impacts relative to the

Two Forks and Williams Fork applications. The State doe~ not have

water quality standards relative to the operation of the proposed

projects. Therefore, unless the State of Colorado adopts operational

water quality standards, the Environmental Protection Agency intends

to issue or deny 401 certification relative to the operation of the

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