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Public Notices

Under the Corps' Regulatory Program, a public notice is the primary method for advising all interested parties of a proposed activity for which a permit is sought. Soliciting comments and information necessary to evaluate the probable impacts on the public interest. Public notices are also published to inform the public about new or proposed regulations, policies, guidance or permit procedures.

Public Notices published by the Sacramento District under the Regulatory Program are posted on this page. Once a public notice is available on-line, an email notification is sent to individuals on the appropriate mailing list.

Comments are due by the expiration date of the public notice.  Only comments submitted by email or in hard copy format through a delivery service, such as the U.S. Postal Service, can be accepted.   Comments must be submitted to the address listed in the public notice.

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SPK-2001-75341, Public Notice of Permit Application, Routt County, Colorado

Regulatory Division
Published Aug. 2, 2019
Expiration date: 9/1/2019

SUBJECT:  The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Betterview Business Park project, which would result in impacts to approximately 0.26 acre of waters of the United States, including wetlands, adjacent to the Yampa River. This notice is to inform interested parties of the proposed activity and to solicit comments. 

AUTHORITY:  This application is being evaluated under Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States.

APPLICANT:      Swamp Shop LLC

ATTN:  Mr. Casey O’Donnell

PO Box 773686, Steamboat Springs, CO 80477

(970) 819-0699

LOCATION:  The approximately 1.11-acre project site is located in the City of Steamboat Springs, Colorado, at 1825 13th  Street, within the SE ¼  NW ¼  of  Section 7, Township 6 North, Range 84 West, centered at 40.492946°Latitude, -106.854466° Longitude, Routt County, Colorado.

PROJECT DESCRIPTION:  The applicant is proposing to construct an outdoor storage facility for excavating equipment and construction material. Based on the available information, the overall project purpose is to construct an outdoor storage lot in an industrial-zoned area within the City of Steamboat Springs. The applicant believes there is a need to meet the requirements of his growing company. The applicant purchased Lot 5 in the Betterview Business Park to house the outdoor storage lot. The attached drawings provide additional project details.


Environmental Setting.  There are approximately 1.56 acres of palustrine wetlands within the project area. Upland portions the subject parcels are dominated by pasture grasses including western wheatgrass, smooth brome, red fescue, orchardgrass, and Kentucky bluegrass. The parcel currently exists as vacant land located between numerous commercial and industrial interests to the north and east and less developed agricultural and otherwise lightly developed lands to the south and west.

Alternatives.  The applicant has provided information concerning project alternatives.  Additional information concerning project alternatives may be available from the applicant or their agent.  Other alternatives may develop during the review process for this permit application.  All reasonable project alternatives, in particular those which may be less damaging to the aquatic environment, will be considered.

Mitigation.  The Corps requires that applicants consider and use all reasonable and practical measures to avoid and minimize impacts to aquatic resources.  If the applicant is unable to avoid or minimize all impacts, the Corps may require compensatory mitigation.  The applicant has proposed to transfer compensatory mitigation requirements and liability for 0.26 acre of wetland impacts at a mitigation ratio of 1:1 at Finger Rock Preserve Wetland Mitigation Bank.

OTHER GOVERNMENTAL AUTHORIZATIONS:  Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the CDPHE is required for this project.  The applicant has not indicated they have applied for certification.

HISTORIC PROPERTIES:  Based on the available information including applicant's report titled Lot 5 and Outlot 5, Betterview Business Park (SPK-2001-75341) Individual Permit Application), no cultural resources were identified within the project's area of potential effect. The Corps will initiate consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act, as appropriate.

ENDANGERED SPECIES:  The project would not affect any Federally-listed threatened or endangered species or their designated critical habitat that are protected by the Endangered Species Act.   The Corps will initiate consultation with the U.S. Fish and Wildlife Service, pursuant to Section 7 of the Endangered Species Act, as appropriate.

ESSENTIAL FISH HABITAT:  The proposed project would not adversely affect Essential Fish Habitat (EFH) as defined in the Magnuson-Stevens Fishery Conservation and Management Act.

The above determinations are based on information provided by the applicant and our preliminary review.

EVALUATION FACTORS:  The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the described activity on the public interest.  That decision will reflect the national concern for both protection and utilization of important resources.  The benefit, which reasonably may be expected to accrue from the described activity, must be balanced against its reasonably foreseeable detriments.  All factors which may be relevant to the described activity will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people.  The activity's impact on the public interest will include application of the Section 404(b)(1) guidelines promulgated by the Administrator, Environmental Protection Agency (40 CFR Part 230).

The Corps is soliciting comments from the public, Federal, State, and local agencies and officials, Indian tribes, and other interested parties in order to consider and evaluate the impacts of this proposed activity.  Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal.  To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and other public interest factors listed above.  Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.  Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

SUBMITTING COMMENTS:  Written comments, referencing Public Notice SPK-2001-75341 must be submitted to the office listed below on or before September 1, 2019.


Tyler R. Adams, Project Manager

US Army Corps of Engineers, Sacramento District

Colorado West Regulatory Branch

400 Rood Avenue, Room 224

Grand Junction, Colorado  81501-2563


The Corps is particularly interested in receiving comments related to the proposal's probable impacts on the affected aquatic environment and the secondary and cumulative effects.  Anyone may request, in writing, that a public hearing be held to consider this application.  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 all comment letters received are subject to release to the public through the Freedom of Information Act.  If you have questions or need additional information please contact the applicant or the Corps' project manager Tyler R. Adams, 970-243-1199, extension 1013,


Attachments:  (7) drawings

SPK-2001-75341 PN Attahments