SUBJECT: The U.S. Army Corps of Engineers, Albuquerque and Omaha Districts (Corps), are extending the expiration date of Regional General Permit (RGP) 5 for Ditch-Related Activities in the State of Colorado. This notice is to inform interested parties of the extension of RGP 5 with continued statewide coverage.
AUTHORITY: Section 404 of the Clean Water Act (33 USC 1344) for the discharge of dredged or fill material in waters of the United States (WOTUS).
PURPOSE AND NEED: The purpose of this extension is to avoid an expiration of the RGP so that there is not a lapse in coverage. The RGP is currently set to expire on July 30, 2024. A two (2) year extension will be granted, which will set the RGP expiration date as July 30, 2026. The original RGP was issued for three (3) years. In accordance with 33 CFR 325.2, the two (2) year extension will extend the timeframe of RGP 5 to the maximum allowable length of five (5) years.
The purpose of this RGP will not change, which is to authorize discharges into ditches that have minimal individual or cumulative adverse effects on the aquatic environment.
SCOPE OF ACTIVITIES: The types of activities covered under this permit are those that result in discharges of dredged or fill material into jurisdictional irrigation and drainage ditches (ditches). Irrigation ditches convey irrigation water to or away from irrigated lands. Drainage ditches increase the drainage of a particular land area. To the extent that a Corps permit is required, activities authorized by this RGP include:
- Construction of irrigation ditches,
- Relocation/realignment of existing irrigation ditches,
- Converting existing ditches into pipes,
- Filling of existing ditches, and
- Lining or armoring existing ditches.
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.
LENGTH OF AUTHORIZATION: This RGP will expire 5 years from the original date of issuance: July 30, 2026. The RGP was originally issued on July 30, 2021, and subsequently modified on July 18, 2023.
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.
SUBMITTING QUESTIONS/COMMENTS: Written comments are not being solicited for the extension of RGP 5, since the Corps is only extending the expiration date and no other changes to the RGP are being proposed. If you have questions regarding RGP 5 or the need for extension, please reference SPA-2021-00064, and submit them to the office listed below.
Tucker Feyder, Senior Project Manager
U.S. Army Corps of Engineers, Albuquerque District
Southern Colorado Branch
1970 East 3rd Avenue, Suite 109
Durango, Colorado 81301
Phone: (970) 259-1604 ext. 2
Email: Tucker.J.Feyder@usace.army.mil
Please note that any written comments received are subject to release to the public through the Freedom of Information Act.