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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.

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SPK-2008-00117- RGP 8 proposal

Published Oct. 21, 2013
Expiration date: 11/20/2013


Subject: Regional General Permit Number 8, Projects Beneficial to the Recovery of the Upper Colorado Endangered Fish Species 


The U.S. Army Corps of Engineers, Sacramento District, (Corps) is soliciting comments on the proposed reissuance of Regional General Permit (RGP) number 8, for projects that are beneficial to the recovery of the Colorado River endangered fish species (Recovery Program for the Endangered Fishes of the Upper Colorado). This permit, which expires on December 2, 2013, would be issued under the authorities of Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act of 1899 (RHA) (33 U.S.C. 403). Any project authorized under this permit prior to the expiration date of the existing RGP shall have an automatic extension of one additional year from the expiration date of the existing RGP for completion of the project. A copy of the proposed regional general permit is enclosed. This notice is to inform interested parties of the proposed activity and to solicit comments. 

AUTHORITY: This proposed permit reissuance is being evaluated under Section 10 of the Rivers and Harbors Act of 1899 for structures or work in or affecting navigable waters of the United States and Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States.

LOCATION: The proposed RGP would apply to jurisdictional waterways, abutting and adjacent wetlands within Colorado and Utah which are within the boundaries of the Sacramento District and are currently designated or classified by the U.S. Fish and Wildlife Service (FWS) as designated critical habitat and/or occupied habitat of the Colorado pikeminnow (Ptychochelius lucius), razorback sucker (Xrauchen texanus), humpback chub (Gila cypha), or bonytail chub (Gila elegans). The RGP may include additional waters of the United States not currently designated or classified as critical and/or occupied habitat, if projects within these waters may have an appreciable beneficial effect on the recovery of any of the endangered fish species. Waters recognized by the Corps of Engineers as habitat occupied by the Upper Colorado River endangered fish species are listed in the enclosed copy of the proposed RGP.

SCOPE OF WORK: Refer to the enclosed copy of the proposed RGP.

OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Colorado Department of Public Health and Environment Water Quality Control Commission is required for this permit authorization; however, the State of Colorado has certified 401 water quality for General Permits by statute, pursuant to Colorado Revised Statutes 25-8-202 and 25-8-308. 

The Corps is requesting Section 401 Water Quality Certification for this permit the State of Utah under a separate letter.

Projects located on Tribal Lands will require individual water quality certifications under Section 401 of the Clean Water Act. 

HISTORIC PROPERTIES: Proposals for activities to be authorized by the proposed RGP would be reviewed individually for compliance with Section 106 of the National Historic Preservation Act (NHPA), following the consultation process typical of Nationwide or individual permit applications. Applicants would notify the Corps if the proposed project may have the potential to cause effects to any historic properties listed, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places (NRHP), including previously unidentified properties. As appropriate, the Lead Federal Agency (LFA) for the project would initiate consultation with the State Historic Preservation Officer under Section 106 of the NHPA.

ENDANGERED SPECIES: In general, activities authorized under this RGP may affect, but are not likely to adversely affect threatened and endangered species or critical habitat. As appropriate, the LFA for each project would initiate consultation with the U.S. Fish and Wildlife Service under Section 7 of the Endangered Species Act.

ESSENTIAL FISH HABITAT: The proposed project will 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 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-2008-00117 must be submitted to the office listed below on or before November 20, 2013

Nathan Green, Project Manager
U.S. 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 Nathan Green, 970-243-1199 x12,

Attachments: Proposed RGP 8