Public Notice of Permit Reissuance – Action Number: SPA-2012-00357; Colorado Regional General Permit (RGP) 37 – Stream Stabilization Projects in Colorado

SUBJECT: The U.S. Army Corps of Engineers, Albuquerque and Omaha Districts (Corps), hereby issue Regional General Permit (RGP) 37 for Stream Stabilization Projects in Colorado. This notice is to inform interested parties of the availability of the final RGP with statewide coverage.

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 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 RGP only authorizes 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.

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 2 cubic yards 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 loss of wetlands. The activity will not result in the discharge of dredged or fill material into peatlands, including fens and bogs. Any bedform 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 within or near the immediate vicinity.

6. The activity is not a stream channelization activity.

LENGTH OF AUTHORIZATION: This RGP will expire five years from the date of issuance: December 12, 2027.

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.

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/