Public Notice of Permit Reissuance - Regional General Permit 96 – Natural Disaster Mitigation and Flood-Related Activities in Colorado

In accordance with Section 404 of the Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), the District Engineers for the Albuquerque and Omaha Districts of the U.S. Army Corps of Engineers (Corps) hereby issue Regional General Permit (RGP) 96 for Natural Disaster Mitigation and Flood-Related Activities in Colorado.

LOCATION: This RGP is applicable to waters of the United States within the state of Colorado.

SCOPE OF WORK: This RGP authorizes the discharge of dredged or fill material into waters of the U.S. associated with certain natural disaster mitigation and flood-related activities within the state of Colorado. This RGP may apply to localized or widespread events and includes, but is not limited to, the following activities:

• repair and reconstruction of existing roads
• repair and construction of temporary levees
• protection and repair of bridge embankments
• protection and repair of utility structures
• stabilization and protection of stream banks
• protection and restoration of intake structures
• construction of debris catchment facilities
• restoration/cleanup of mud/rockslides

Impacts to aquatic resources authorized by this RGP must be limited to the minimum necessary to accomplish the purpose of the project. The maximum limits are as follows:

(a) One (1) acre of permanent loss to non-wetland jurisdictional areas, unless the Corps waives this limit, after agency coordination, by making a written determination concluding that the discharge will result in no more than minimal adverse environmental effects. Loss of waters of the United States is defined as Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. The loss of
stream bed includes the acres of stream bed that are permanently adversely affected by filling or excavation because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody.

(b) One-half (1/2) acre of permanent loss to wetlands – this limit cannot be waived.

The time limit for completing the work authorized by this RGP is one (1) year from the date of permit verification, unless otherwise specified in the Corps verification letter. If additional time is required to complete the authorized activity, a written request for a time extension, including justification for the request, must be submitted to the Corps at least 45 days prior to the expiration of the verification.

Channel restoration work will be limited to restoring the area to pre-flood contours and conditions unless a determination has been made, and the Corps agrees, that a realignment of the channel or changes in grades are necessary for restoration.

NOTIFICATION: The permittee must submit a pre-construction notification (PCN) to the District Engineer (See general condition 30). A PCN is a request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by this RGP.

The PCN must be received within one (1) year following the date of the natural disaster unless, after case-by-case review, the District Engineer waives this criterion by making a written determination concluding that there is a legitimate reason for the delay. Reasonable considerations for accepting requests more than one year after the date of the natural disaster may include but are not limited to:

(a) Delays in funding under a designated federal disaster recovery program;

(b) Scale and nature of the natural disaster (e.g., fire vs. flood);

(c) Overall speed and status of recovery efforts in the disaster area;

(d) Legal issues (e.g., land disputes); and

(e) Existence of a federal- or state-sponsored long-term monitoring program for identifying critical needs as they develop within a catastrophically disturbed watershed (commonly for burn scar areas where watersheds evolve rapidly within a few years after intense disturbances).

For assistance in determining the appropriate Corps regulatory 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/