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aCj <br /> \rAle° <br /> � <br /> 4T Op <br /> Qe `� '� z DEPARTMENT OF THE ARMY RECEIVED CORPS OF ENGINEERS,OMAHA DISTRICT <br /> DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD <br /> f LITTLETON,COLORADO 80128-6901 FEB U 3 2020 <br /> �Sr4ii_5 UF' <br /> OWI$ION OF RECLAMATION <br /> iSINGAND SAFETY <br /> SUBJECT: Section 404 of the Clean Water Act Initial Comments <br /> To whom it concerns: <br /> In accordance with Section 404 of the Clean Water Act(Section 404),the U.S. Army Corps of <br /> Engineers regulates the discharge of dredged or fill material, and any excavation associated with a <br /> dredged or fill project,either temporary or permanent in waters of the United States(WOUS). WOUS <br /> may include ephemeral,intermittent and perennial streams,wetlands,lakes,ponds, drainage ditches and <br /> irrigation ditches. <br /> In order to determine if a discharge of fill material would occur in a WOUS,we recommend a wetland <br /> delineations be conducted in the field by a qualified environmental consultant that identifies any aquatic <br /> resource boundaries. A wetlands delineation identifies the aquatic resources and its boundaries on a <br /> project site and must be conducted using the methods outlined in the Corps of Engineers Wetlands <br /> Delineation Manual(Environmental Laboratory 1987)and Regional Supplement to the Corps of <br /> Engineers Wetland Delineation Manual: (using applicable Regional Supplement). Once the aquatic <br /> resources and its boundaries have been identified,the wetland delineation is not official unless verified <br /> by the Corps.Please note that the discharge of dredged or fill material into upland areas or non- <br /> jurisdictional aquatic resources does not require authorization from this office. <br /> Nationwide Permits(NWP)authorize common types of fill activities in WOUS that will result in a <br /> minimal adverse effect to the environment. Descriptions of the 54 types of nationwide permit activities <br /> and their general conditions can be found on our website: https://www.nwo.usace.anny.mil/Missions/ <br /> Regulatory-Program/Colorado/. Some fill activities require a pre-construction notification to the Corps <br /> prior to any work. The pre-construction notification requirements are enclosed. Additionally,some <br /> types/sizes of work may require additional information or mitigation. <br /> Regional General Permits(RGP)authorize specific types of fill activities in WOUS that will result in <br /> a minimal adverse effect to the environment. Descriptions of the 4 types of regional general permit <br /> activities and their general conditions can be found on our website: https://www.nwo.usace.army.milI <br /> Missions/Regulatory-Program/Colorado/Regional-General-Permits/. These fill activities require <br /> notification to the Corps prior to starting work, and possibly other local or state agencies. Please note <br /> several of the RGP's are applicant and location specific. <br /> Individual permits authorize fill activities that are not covered under the NWP or RGP. This permit <br /> will be processed through the public interest review procedures,including public notice and receipt of <br /> comments. An alternative analysis must be provided with this permit action. The alternative analysis <br /> must contain an evaluation of environmental impacts for a range of alternatives. Other action <br /> alternatives should include other practicable alternatives(with regards to cost,logistics, and technology) <br /> that meet the overall project purpose. The alternatives could include offsite alternatives and alternative <br /> designs. When evaluating individual permit applications,the Corps can only issue a permit for the least <br /> environmentally damaging practicable alternative(LEDPA). In some cases,the LEDPA may not be the <br /> applicant's preferred action. The individual permit application form and form instructions can be found <br />