US Army Corps of Engineers
Albuquerque District Website


Published April 17, 2018
Expiration date: 5/8/2018

SUBJECT: The U.S. Army Corps of Engineers, Albuquerque District, (Corps) is evaluating a permit application by the Signature Realty Capitol Corporation to construct the Westgate at Powers Commercial Development, which would involve impacts to approximately 2,370 linear feet of waters of the United States in Sand Creek Center Tributary. This project was previously authorized on June 1, 2010 but was not constructed prior to permit expiration on June 1, 2015. There have been no changes in the project design features. 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: Mr. Martin List, Signature Reality Capital Corp., 2082 Michelson Drive, Suite 212, Irvine, California 92612.

LOCATION: The project site is located on Sand Creek Center Tributary near the intersection of Troy Hill and Airport Roads, Section 13, Township 14 S, Range 66 W, Latitude 38.8272°, Longitude -104.7272°, Colorado Springs, El Paso County, Colorado.

PROJECT DESCRIPTION: The proposed project would involve realignment and stabilization of 2,370 approximately feet of stream channel with buried riprap bank linings and a 50-foot wide natural sand bottom. The banks of the channel would be 3:1 slope with a channel depth of 5 feet. A fifteen foot wide trail and maintenance access road would be constructed along the east side of the channel. Five vertical drops with concrete cutoff walls and riprap plunge pools are proposed to stabilize the channel. In addition, a box culvert road crossing for Westgate Road is proposed. Based on the available information, the overall project purpose is to construct an improved drainage channel to accommodate the adjacent commercial development. The applicant believes there is a need to meet the both the development goals of the Westgate at Powers project and regional drainage planning requirements. The attached drawings provide additional project details.

PROPOSED MITIGATION: No compensatory mitigation would be required for this project since there would be no impacts to wetlands.


State Water Quality Certification. The applicant is required to obtain water quality certification, under Section 401 of the Clean Water Act, from the Colorado Department of Public Health and Environment. Section 401 requires that any applicant for an individual Section 404 permit provide proof of water quality certification to the Corps prior to permit issuance.


Environmental Setting. There are approximately 2,370 linear feet of ephemeral stream channel within the project area. The site is characterized by a wide sandy bottom stream channel with low banks and a few trees.

Alternatives. The applicant has provided information concerning project alternatives. Alternatives proposed by the applicant included two additional channel alignments. The first alternative would involve the same channel cross section as the preferred alternative but would not involve channel realignment. The second alternative reviewed would have the same channel cross section but would involve realignment of the channel to follow the west property boundary and would not have any meanders. Other alternatives may develop during the review process for this permit application. Additional information concerning project alternatives may be available from the applicant or their agent. All reasonable project alternatives, in particular those which may be less damaging to the aquatic environment, will be considered.

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.

HISTORIC PROPERTIES: The Corps consulted district files and records, the latest version of the National Register of Historic Places (NRHP), and state records of NRHP-eligible and potentially eligible historic properties to determine if there are any historic properties that may be affected by the proposed undertaking. The project area has not been recently surveyed for historic properties. Based on this initial information, the Corps has made a preliminary determination that the proposed project will not likely affect any historic properties that meet the criteria for inclusion in the NRHP.

ENDANGERED SPECIES: The Corps has reviewed the U.S. Fish and Wildlife Service's latest published version of Federally-listed endangered and threatened species located in El Paso County, Colorado to determine if any listed species or their critical habitat may occur in the proposed project area. The Corps has made a preliminary determination that the proposed project will not affect any Federally-listed endangered or threatened species or their critical habitat that are protected by the Endangered Species Act.

FLOODPLAIN MANAGEMENT: The Corps is sending a copy of this public notice to the local floodplain administrator. In accordance with 44 CFR part 60 (Flood Plain Management Regulations Criteria for Land Management and Use), the floodplain administrators of participating communities are required to review all proposed development to determine if a floodplain development permit is required and maintain records of such review.

CLOSE OF COMMENT PERIOD: All comments pertaining to this Public Notice must reach this office on or before May 8, 2018, which is the close of the comment period. 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:

U.S. Army Corps of Engineers, Albuquerque District
ATTN: Joshua G. Carpenter
200 South Santa Fe Avenue, Suite 301
Pueblo, Colorado 81003-4270

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.