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Public Notice SPA-2016-00169: Proposed Modification of Colorado Regional General Permit (RGP) 96 – Natural Disaster Mitigation and Flood-Related Activities in Colorado

Published March 10, 2023
Expiration date: 4/9/2023

SUBJECT: The U.S. Army Corps of Engineers, Albuquerque and Omaha Districts (Corps), are proposing to modify Regional General Permit (RGP) 96 for Natural Disaster Mitigation and Flood-Related Activities in Colorado. This notice is to inform interested parties of the proposed modification of RGP with statewide coverage in Colorado and to solicit comments.

AUTHORITY: Section 10 of the Rivers and Harbors Act of 1899 for structures or work in or affecting navigable waters and Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States (WOTUS).

PURPOSE AND NEED: The purpose of this modification is to remove references to the Colorado Regional General Permit Pre-Construction Notification form (also referred to as “Attachment B”). This proposed modification would allow applicants to utilize either the standard nationwide permit (NWP) preconstruction notification (PCN) form (ENG 6082) or a letter containing the required PCN information. This modification will remove the need to use a separate PCN form for RGP applications in Colorado, allowing for a more standardized PCN submittal whether submitting for an RGP or NWP.

The original purpose of this RGP will not change which is to authorize discharges into ditches that have minimal individual or cumulative adverse effects on the aquatic environment.

SCOPE OF ACTIVITIES: The types of activities covered under this permit are those that result in discharges of dredged or fill material into waters of the United States associated with certain natural disaster mitigation and flood-related activities within the state of Colorado. This RGP may apply to localized or widespread events and includes, but is not limited to, the following activities:

  • repair and reconstruction of existing roads,
  • repair and construction of temporary levees,
  • protection and repair of bridge embankments,
  • protection and repair of utility structures,
  • stabilization and protection of stream banks,
  • protection and restoration of intake structures,
  • construction of debris catchment facilities, and
  • restoration/cleanup of mud/rockslides.

Impacts to aquatic resources authorized by this RGP must be limited to the minimum necessary to accomplish the purpose of the project.

LENGTH OF AUTHORIZATION: This RGP, if modified, will expire 5 years from the original date of issuance: September 30, 2026.

OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act, is required for this regional general permit. In Colorado, excluding tribal lands, regional general permits are unconditionally certified by statute.

COMMENT PERIOD: All comments pertaining to this public notice must reach this office on or before April 9, 2023. Extensions of the comment period may be granted for valid reasons provided a written request is received by the limiting date. If no comments are received by that date, it will be considered that there are no objections. Anyone may request, in writing, that a public hearing be held to consider this effort. Requests shall specifically state, with particularity, the reason(s) for holding a public hearing. If the Corps determines that the information received in response to this notice is inadequate for thorough evaluation, a public hearing may be warranted. If a public hearing is warranted, interested parties will be notified of the time, date, and location. Please note that names and addresses of those who submit comments in response to this public notice may be made publicly available through the Freedom of Information Act.

SUBMITTING COMMENTS: Written comments, referencing Public Notice SPA-2016-00169, must be submitted to the office listed below on or before April 9, 2023.

Tucker Feyder, Senior Project Manager
U.S. Army Corps of Engineers, Albuquerque District
Southern Colorado Branch
1970 East 3rd Avenue, Suite 109 Durango, Colorado 81301 Phone: (970) 259-1604 ext. 2

Please note that all written comments received are subject to release to the public through the Freedom of Information Act.