PROPOSED REGIONAL GENERAL PERMIT UNDER SECTION 404
OF THE CLEAN WATER ACT (33 USC 1344)
AND SECTION 10 OF THE RIVERS AND HARBORS ACT (33 W.S.C. 403)
RGP No. 37 for Stream Stabilization Projects
Sacramento & Albuquerque District Areas of Colorado
SUMMARY OF PROPOSED ACTION: The U.S. Army Corps of Engineers, Sacramento and Albuquerque Districts, (Corps) is proposing to issue Regional General Permit No. 37 (RGP 37) for Stream Stabilization Projects in the Sacramento and Albuquerque District Areas of Colorado. This notice is to inform interested parties of the proposed RGP and to solicit comments.
PURPOSE AND NEED: The purpose of this proposed RGP is to authorize stream bank and stream bed stabilization projects that cause only minimal individual and cumulative environmental impacts.
AUTHORITY: Section 10 of the Rivers and Harbors Act of 1899 for structures or work located in or affecting navigable waters and Section 404 of the Clean Water Act for the discharge of dredged or fill material in all waters of the United States.
AREA OF COVERAGE: The RGP would be applicable to waters of the United States, including, but not limited to, rivers, creeks, lakes, ponds, reservoirs and other waterways that are located within the geographical boundaries of the Sacramento and Albuquerque Districts in the State of Colorado.
SCOPE OF ACTIVITIES: Activities proposed to be authorized by this RGP are limited to stream bank and stream bed stabilization activities, including riprap, grade control and in-stream structures, such as jetties. For a full description of the activities and proposed conditions, see the attached draft permit. Activities that do not comply with the provisions of this regional general permit may require an individual permit.
LENGTH OF AUTHORIZATION: The regional general permit, if issued, will expire five years from the date of issuance.
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. The State of Colorado Water Quality Control Division is evaluating the proposed RGP and the Corps anticipates that Colorado 401 Water Quality certification will be issued for the permit. Projects located on Southern Ute and Ute Mountain Ute Indian Lands will require individual water quality certifications.
COMMENT PERIOD: All comments pertaining to this Public Notice must reach this office on or before September 21, 2012. 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 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. Comments and requests for additional information should be submitted to:
Joshua Carpenter
U.S. Army Corps of Engineers
200 South Santa Fe Avenue, Ste. 301
Pueblo, CO 81003
(719) 543-6914
Fax No. (719) 543-9475
E-mail: Joshua.G.Carpenter@usace.army.mil
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.
DISTRICT ENGINEER
ALBUQUERQUE DISTRICT
CORPS OF ENGINEERS
Enclosure