US Army Corps of Engineers
Albuquerque District Website

SPA-2021-00064, Public Notice of Permit Issuance - Regional General Permit 5 – Ditch Related Activities in the State of Colorado

CESPA-RD
Published March 24, 2021
Expiration date: 4/8/2021

COMMENT PERIOD: March 24-April 8, 2021

SUBJECT: The U.S. Army Corps of Engineers, Albuquerque, Sacramento, and Omaha Districts (Corps), is proposing to issue Regional General Permit No. 5 (RGP 5) for Ditch Related Activities in the State of Colorado. This notice is to inform interested parties of the proposed issuance of RGP 5 and to solicit comments. This notice may also be viewed at the Corps website at: www.spa.usace.army.mil/reg/pn.

AUTHORITY: This permit will be authorized activities under Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States.

PURPOSE AND NEED: The purpose of this proposed RGP is to authorize discharges into ditches that have minimal individual or cumulative adverse effects on the aquatic environment but that do not qualify for the Clean Water Act section 404(f)(1)(C) exemption because of the recapture provision at section 404(f)(2) (see 33 CFR 323.4).

SCOPE OF ACTIVITIES: Activities proposed to be authorized by this RGP are limited to work associated with irrigation or drainage ditches within the State of Colorado. For a full description of the activities and proposed conditions, see the attached draft permit. Activities which do not comply with the provisions of this RGP may require an individual permit.

LENGTH OF AUTHORIZATION: The regional general permit, if issued, will expire three 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.

COMMENT PERIOD: All comments pertaining to this Public Notice must reach this office on or before April 8, 2021. Extensions of the comment period may be granted for valid reasons provided a written request is received by the end of the public notice comment period. 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 effort. 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 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.

SUBMITTING COMMENTS: Written comments, referencing Public Notice SPA-2021-00064 must be submitted to the office listed below on or before April 8, 2021.

Travis Morse, Senior Project Manager
US Army Corps of Engineers, Sacramento District
Colorado West Section
400 Rood Avenue, Room 224
Grand Junction, Colorado 81501
Phone: (970) 243-1199  X 1014
Fax (970) 241-2358
Email: w.travis.morse@usace.army.mil 

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 Corps' project manager Travis Morse, (970) 243-1199 X 1014, w.travis.morse@usace.army.mil.

Attachments:

  1. RGP 5 - Ditch Related Activities in the State of Colorado
  2. RGP 5 Attachment 1 - Memorandum to the Field on Exemptions from Regulation under Section 404(f)(1)(C) of the CWA for the Construction or Maintenance of Irrigation Ditches and for the Maintenance of Drainage Ditches
  3. RGP 5 Attachment 2 - PCN Form
  4. RGP 5 Attachment 3 - Compliance Certification

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