Public Notice of the Proposed Reissuance of Colorado Regional General Permit 37, Stream Stabilization Projects in Colorado

SUBJECT: The U.S. Army Corps of Engineers, Albuquerque and Omaha Districts (Corps), are proposing to reissue Regional General Permit (RGP) 37 for Stream Stabilization Projects in Colorado. This notice is to inform interested parties of the proposed reissuance of RGP 37 with statewide coverage in Colorado and to solicit comments.

AUTHORITY: Section 10 of the Rivers and Harbors Act of 1899 for structures or work in or affecting navigable waters and Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States (WOTUS).

PURPOSE AND NEED: The purpose of this proposed RGP is to provide prospective applicants with a permitting mechanism for stream stabilization projects that are designed and constructed according to the needs of the aquatic resources within and associated with WOTUS in the State of Colorado. This proposed RGP would only authorize stream stabilization projects that cause no more than minimal individual and cumulative adverse environmental impacts. The need for this RGP is recognized by the Albuquerque District and the Omaha District. Previously, the RGP has been effective within the State of Colorado and has been reissued multiple times for 5-year periods based on the need for this streamlined permitting mechanism. 

SCOPE OF ACTIVITIES: This RGP authorizes stream stabilization activities necessary for erosion control or prevention, such as vegetative stabilization, bioengineering, sills, rip rap, revetment, barbs, jetties, weirs, or combinations of bank stabilization techniques, provided the activity meets all of the following criteria:

1. The average stream width measured at the OHWM is no less than 20 feet; and

2. No material is placed in excess of the minimum needed for erosion protection;

3. The activity is no more than 1,000 feet in length along the treated bank;

4. The activity will not exceed an average of two cubic yard per running foot, as measured along the length of the treated bank, below the plane of the ordinary high water mark (OHWM), unless 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;

5. The activity will not exceed 0.5 acre of permanent impacts to wetlands. Any bed form modification is limited to the minimum necessary for erosion control or prevention and not to exceed 1 acre of total permanent impact; such modifications must be in the immediate vicinity of the project.

LENGTH OF AUTHORIZATION: This RGP, if reissued, will expire five 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. In Colorado, excluding Tribal Lands, regional general permits are unconditionally certified by statute.

COMMENT PERIOD: All comments pertaining to this Public Notice must reach this office on or before October 7, 2022. 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 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-2012-00357, must be submitted to the office listed below on or before October 7, 2022.

Phone: (970) 462-8193
Email: Tucker.J.Feyder@usace.army.mil 

Please note that all written comments received are subject to release to the public through the Freedom of Information Act.