2020-02-03_PERMIT FILE - M2019056 ‎(3)‎

• Permit No: M2019056
• IBM Index Class Name: PERMIT FILE
• Doc Date: 2/3/2020
• Doc Name: Initial Comments‎(Clean Water Act)‎
• From: Department of The Army Corps of Engineers
• To: DRMS
• Email Name: PSH
• Media Type: D
• Archive: No

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