Public Notice of Issuance of Colorado Regional General Permit 5

This RGP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the ditch related activity. In accordance with 33 CFR 322.2(f)(1), this RGP authorizes activities that are substantially similar in nature that would result in no more than minimal individual and cumulative adverse effects on the aquatic environment, when conducted under the terms and conditions of this permit.

TERMS: For activities requiring preconstruction notification (PCN), the discharge must not cause the loss of greater than 0.5 acre of wetland or 3 acres of non-wetland waters of the U.S. (i.e., ditches), unless: (1) the district engineer waives this criterion by making a written determination concluding that the discharge will result in no more than minimal adverse environmental effects (see general conditions 1h and 10), or (2) is a part of a salinity or selenium control project per a binding agreement with U.S. Bureau of Reclamation (USBR) or U.S. Department of Agriculture (USDA). This RGP does not authorize discharges of dredged or fill material into ditches that are constructed in a stream or that entirely relocate a stream.

1. activities that result in the loss of 0.1 acre or more of wetland;
2. activities that result in the loss of 1 acre or more of non-wetland waters; or
3. activities conducted per a binding agreement with USBR or USDA that are not part of a salinity or selenium control project but that result in the loss of greater than 0.5 acre of wetland or greater than 3 acres of non-wetland waters.

See general conditions 6, 7, and 8 for additional notification requirements.

1. he or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or,

2. 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer.

However, if the permittee was required to notify the Corps pursuant to General Condition 6 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to General Condition 7 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act and/or section 106 of the National Historic Preservation Act has been completed. If the proposed activity requires a written waiver to exceed specified limits of the RGP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the RGP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).

For those activities conducted per a binding agreement with the USBR or USDA, a PCN is not required if the activity is part of a salinity or selenium control project, however you must submit to the Corps a copy of: (1) the respective agency’s documentation for compliance with the Endangered Species Act and National Historic Preservation Act and/or the lead Federal Agency NEPA document containing the same, (2) a project description, (3) project plans, and a location map. These documents must be submitted to the local Corps office at least 30 days prior to commencing activities in waters of the U.S. authorized by this RGP. Compensatory mitigation will not be required for activities conducted per a binding agreement with the USBR or USDA, since the purpose of such projects is to improve water quality and these activities would result in a net increase in aquatic resource functions and services.

For assistance in determining the appropriate Corps office, please contact one of the offices below or visit the Colorado Regulatory website at: https://www.nwo.usace.army.mil/Locations/District-Offices/Colorado/.