THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC REGARDING THE WORK DESCRIBED BELOW. A DECISION HAS NOT BEEN MADE REGARDING ISSUANCE OF PERMISSION AT THIS TIME.

PROJECT TITLE: Evergreen Devco Santa Fe Park (Section 408 Reference Number: 408- NWO-408-NWO-2023-0060).

REQUESTER: In compliance with USC Title 33, Chapter 9, Subchapter 1, Section 408, the Evergreen Devco, Inc. (Requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for an alteration at the Reach One of the Chatfield Downstream Channel Improvement Project (Federal Project).

AUTHORITY: The authority to grant permission for temporary or permanent use, occupation, or alteration of any USACE civil works project is contained in Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 USC 408 (“Section 408”). Section 408 authorizes the Secretary of the Army, on the recommendation of the Chief of Engineers, to grant permission for the alteration or occupation or use of a USACE project if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project. The Secretary of the Army’s authority under Section 408 has been delegated to USACE, Chief of Engineers. USACE, Chief of Engineers has further delegated the authority to USACE, Directorate of Civil Works and Division and District Engineers, depending upon the nature of the activity. An alteration is defined as any action that builds upon, alters, improves, moves, occupies or otherwise affects the usefulness, or the structural or ecological integrity of a Corps federally authorized project.

EVALUATION: USACE Omaha District has determined that the Evergreen Devco Santa Fe Park would entail an alteration to the Federal Project, and therefore requires permission under Section 408.

LOCATION: The proposed Evergreen Devco Santa Fe Park is located e east of the South Platte River and south of West Mineral Avenue in the City of Littleton, Arapahoe County, Colorado. (approximate center coordinates: Longitude: -105o 1’ 55.06’’; Latitude: 39 o 34’50.81”)

REQUESTER’S PROPOSED ACTON: The Requester’s proposed project is comprised of the following elements: Construction of a proposed stormwater detention pond and paved pedestrian trail in the City of Littleton’s “South Platte Park”, see Figure 1 for Location Map. The proposed grading limits for Omaha District US Army Corps of Engineers ® U.S. ARMY CORPS OF ENGINEERS – OMAHA DISTRICT the area and location of the trails are shown on Figure 2. The storm water detention pond will take flows from the existing Jackass Gulch floodplain. The proposed trail will connect to the existing Railroad Spur Trail on the north side of West Mineral Avenue. The proposed trail will be 10 feet wide constructed with 6-inch thick Colorado Department of Transportation (CDOT) Class B Concrete with a 6-inch Class 6 ABC base. The purpose of the proposed action is to provide stormwater detention basin for flood control to temporarily store excess urban runoff from heavy rains and slowly release it into the South Platte River at a controlled rate. This aides in reducing localized flooding and reduces impact to downstream infrastructure. The new development area by Evergreen Devco., Inc. called “RiverPark” is located east of the Federal project and is a proposed 33-acre mixed-used development, shown in green in Figure 3, and the development’s drainage basin limits, outside of the Federal Project area, are shown with a red line. The construction and formalization of the trail segments is to connect existing trail to the south side of West Mineral Avenue and the new development area. Aids in reducing pedestrian traffic across West Mineral Avenue and aid intermodal access to the Regional Transportation District (RTD) Mineral Light Rail Station and connect the South Platte River Trail to the station. The portion of the proposed Evergreen Devco Santa Fe Park area is on property owned by City of Littleton within the Federal Project operated and maintained by the Colorado Water Conservation Board (non-federal sponsor). The non-federal sponsor has provided a statement of no objection to the proposed project. A portion of the proposed activities are located within the floodplain.

NATIONAL ENVIRONMENTAL POLICY ACT: USACE has determined an Environmental Assessment (EA) is appropriate to inform the anticipated effects to the quality of the human and natural environment from implementation of the proposed Section 408 project. A Programmatic Environmental Assessment (PEA) & Finding of No Significant Impact (FONSI), for Categorically Permitted Alterations in the state of Colorado and signed USACE Omaha District Commander Colonel John W. Henderson, P.E. in March 2017. The proposed alteration(s) are included on the list of Categorically Permitted Alterations contained within the PEA identified above. Reevaluation of the potential environmental effects associated with the proposed alteration(s) will be documented in a Record of Environmental Consideration for this Section 408 review. Link to PEA & FONSI: https://www.nwo.usace.army.mil/Portals/23/docs/em/ColoradoPEA.pdf?ver=2017-04- 18-172203-340×tamp=1492550606399

LIMITS OF SECTION 408 AUTHORITY: The Requester has the responsibility to acquire all other permissions or authorizations required by Federal, state, and local laws or regulations, including any required permits from the USACE Regulatory Program under Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403), Section 404 of the Clean Water Act (33 USC Section 1344). In addition, an approval under Section 408 does not grant any property rights or exclusive privileges, nor does it authorize any injury to the property or rights of others.

PUBLIC INVOLVEMENT: USACE will accept comments on this Public Notice and make them part of the evaluation record, and they will be considered in USACE’s determination whether the proposed alteration would be injurious to the public interest and would impair the usefulness of the Federal Project, as well as assessing the impacts of the proposal on the quality of the U.S. ARMY CORPS OF ENGINEERS – OMAHA DISTRICT human environment. Interested parties may submit in writing any comments concerning this notice. USACE will consider all submissions received before the expiration date of this notice. USACE will post this Public Notice to the following website: https://www.nwo.usace.army.mil/Media/Public-Notices/ 

SUBMITTING COMMENTS: Comments pertaining to this public notice must be submitted via email or conventional mail on or before the EXPIRATION DATE and must include the 408 Reference Number above. All comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act, including personally identifiable information such as names, phone numbers, and addresses.

All email comments should be sent to: section408nwo@usace.army.mil.

Conventional mail comments should be sent to:

U.S. Army Corps of Engineers - Omaha District Planning Branch,

CENWO-PMA-A ATTN: Section 408 Coordinator

1616 Capitol Avenue Omaha, NE 68102