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SPECIAL PUBLIC NOTICE Albuquerque, Sacramento, and Omaha Districts NATIONWIDE PERMIT REISSUANCE AND COLORADO REGIONAL CONDITIONS Issue Date: March 18, 2017 On January 6, 2017, the U.S. Army Corps of Engineers (Corps) published the notice in the Federal Register announcing the reissuance of all 50 existing nationwide permits (NWPs), general conditions, and definitions with some modifications. The Corps also issued two new NWPs, one new general condition, and five new definitions. The 2017 NWPs will be effective on March 19, 2017, and expire on March 18, 2022. The Federal Register notice is available from our website at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationwidePermits.aspx. The Albuquerque, Sacramento, and Omaha Districts finalized regional conditions for the 2017 NWPs in the state of Colorado on March 19, 2017. As the lead regulatory district for the state of Colorado, see the Albuquerque District website for their public notice at http://www.spa.usace.army.mil/Missions/Regulatory-Program-and-Permits/Public-Notices/. The Colorado regional conditions provide additional protection for important aquatic resources in the state and ensure that NWPs authorize only those activities with minimal adverse effects on the aquatic environment. Regional conditions also help ensure protection of high value waters within specific geographic areas. Decision documents, including environmental assessments and Findings of No Significant Impact, have been prepared for each NWP indicating that authorized activities comply with the requirements for issuance under general permit authority including compliance with the Section 404(b)(1) Guidelines as published in 40 CFR Part 230 and the requirements of the National Environmental Policy Act. Furthermore, the decision documents have been supplemented by Division Engineers to address decisions concerning regional conditions. These documents are available at the Corps Omaha District Office, 1616 Capitol Avenue, Omaha, Nebraska, 68102-4901. The Section 401 Water Quality (WQC) has been issued for Section 404 NWP activities in Colorado. The United States Environmental Protection Agency (EPA) 401 Region 8 WQC for NWP activities for project occurring in Indian Country within Colorado was issued. The 401 WQCs were accepted by the South Pacific Division Commander on March 17, 2017. Any questions concerning the NWP program or regional conditions should be directed to the Denver Regulatory Office, 9307 South Wadsworth Boulevard, Littleton, Colorado 80128 or to telephone number (303) 979-4120. Attachment CO Regional Conditions Enclosure 1 Index of Nationwide Permits, Conditions, District Engineer’s Decision, Further Information, and Definitions Nationwide Permits 1. Aids to Navigation 2. Structures in Artificial Canals 3. Maintenance 4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities 5. Scientific Measurement Devices 6. Survey Activities 7. Outfall Structures and Associated Intake Structures 8. Oil and Gas Structures on the Outer Continental Shelf 9. Structures in Fleeting and Anchorage Areas 10. Mooring Buoys 11. Temporary Recreational Structures 12. Utility Line Activities 13. Bank Stabilization 14. Linear Transportation Projects 15. U.S. Coast Guard Approved Bridges 16. Return Water From Upland Contained Disposal Areas 17. Hydropower Projects 18. Minor Discharges 19. Minor Dredging 20. Response Operations for Oil or Hazardous Substances 21. Surface Coal Mining Activities 22. Removal of Vessels 23. Approved Categorical Exclusions 24. Indian Tribe or State Administered Section 404 Programs 25. Structural Discharges 26. [Reserved] 27. Aquatic Habitat Restoration, Establishment, and Enhancement Activities 28. Modifications of Existing Marinas 29. Residential Developments 30. Moist Soil Management for Wildlife 31. Maintenance of Existing Flood Control Facilities 32. Completed Enforcement Actions 33. Temporary Construction, Access, and Dewatering 34. Cranberry Production Activities 35. Maintenance Dredging of Existing Basins 36. Boat Ramps 37. Emergency Watershed Protection and Rehabilitation 38. Cleanup of Hazardous and Toxic Waste 39. Commercial and Institutional Developments 40. Agricultural Activities 41. Reshaping Existing Drainage Ditches 42. Recreational Facilities 43. Stormwater Management Facilities 44. Mining Activities 45. Repair of Uplands Damaged by Discrete Events 46. Discharges in Ditches 47. [Reserved] 48. Commercial Shellfish Aquaculture Activities 49. Coal Remining Activities 50. Underground Coal Mining Activities 51. Land-Based Renewable Energy Generation Facilities 52. Water-Based Renewable Energy Generation Pilot Projects 53. Removal of Low-Head Dams 54. Living Shorelines General Conditions 1. Navigation 2. Aquatic Life Movements 3. Spawning Areas 4. Migratory Bird Breeding Areas 5. Shellfish Beds 6. Suitable Material 7. Water Supply Intakes 8. Adverse Effects from Impoundments 9. Management of Water Flows 10. Fills Within 100-Year Floodplains 11. Equipment 12. Soil Erosion and Sediment Controls 13. Removal of Temporary Fills 14. Proper Maintenance 15. Single and Complete Project 16. Wild and Scenic Rivers 17. Tribal Rights 18. Endangered Species 19. Migratory Bird and Bald and Golden Eagle Permits 20. Historic Properties 21. Discovery of Previously Unknown Remains and Artifacts 22. Designated Critical Resource Waters 23. Mitigation 24. Safety of Impoundment Structures 25. Water Quality 26. Coastal Zone Management 27. Regional and Case-by-Case Conditions 28. Use of Multiple Nationwide Permits 29. Transfer of Nationwide Permit Verifications 30. Compliance Certification 31. Activities Affecting Structures or Works Built by the United States 32. Pre-Construction Notification District Engineer’s Decision Further Information Definitions Best management practices (BMPs) Compensatory mitigation Currently serviceable Direct effects Discharge Ecological reference Enhancement Ephemeral stream Establishment (creation) High Tide Line Historic property Independent utility Indirect effects Intermittent stream Loss of waters of the United States Navigable waters Non-tidal wetland Open water Ordinary high water mark Perennial stream Practicable Pre-construction notification Preservation Protected tribal resources Re-establishment Rehabilitation Restoration Riffle and pool complex Riparian areas Shellfish seeding Single and complete linear project Single and complete non-linear project Stormwater management Stormwater management facilities Stream bed Stream channelization Structure Tidal wetland Tribal lands Tribal rights Vegetated shallows Waterbody Enclosure 2 Colorado Regional Conditions 2017 Regional Conditions to Nationwide Permits in the State of Colorado U.S. Army Corps of Engineers Albuquerque District Omaha District Sacramento District Regional Conditions Applicable to Specific Nationwide Permits within the State of Colorado 1. Nationwide Permit No. 12: Utility Line Activities. Notification to the District Engineer (DE) in accordance with General Condition (GC) No. 32, pre- construction notification (PCN) is required for utility line activities that propose open trenching in perennial waters or for the purpose of creating a water intake. 2. Nationwide Permit No. 13: Bank Stabilization. PCN is required for bank stabilization activities that are necessary for erosion prevention in streams with an average width of less than 20 feet (measured between the ordinary high water marks (OHWM)). Bank stabilization activities in these small streams are limited to the placement of no more than ¼ cubic yard of fill material per linear foot below the plane of the OHWM unless the Corps determines on a case-by-case basis that the use of larger or greater quantities of material is appropriate. 3. Nationwide Permit No. 23: Approved Categorical Exclusions. PCN is required for all projects utilizing Categorical Exclusions. 4. Nationwide Permit No. 27: Aquatic Habitat Restoration, Establishment, and Enhancement Activities. This permit is revoked for activities in which the project purpose is fishery enhancement in perennial streams. These types of projects may qualify for authorization under Regional General Permit No. 12 for Aquatic Habitat Improvement for Stream Channels in Colorado. a. Channel realignment is not authorized by this permit unless it is demonstrated that the realignment is consistent with the natural morphological evolution of the stream. b. The use of concrete/grouting is not allowed in perennial streams unless waived in writing by the DE. c. The construction of water parks (e.g. kayak courses) and flood control projects are not authorized by this permit. Regional Conditions Applicable to All Nationwide Permits within the State of Colorado 5. Important Spawning Areas. Activities are not authorized by any nationwide permit except after case-by-case review and consultation with Colorado Parks and Wildlife (CPW) if the activities would adversely affect important spawning areas or would be conducted in these waters during trout and Kokanee spawning seasons. Bio- engineering techniques, such as native riparian shrub plantings, are required for all bank protection activities that exceed 50 linear feet in important spawning areas. For activities located in these important spawning areas, PCN is required and consultation with CPW must be conducted in accordance with the timeframes established in GC 32 (Pre-Construction Notification). Important spawning areas are considered Gold Medal Waters in Colorado (Attachment 2). NOTE: Pre-application
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