SUBJECT: The U.S. Army Corps of Engineers, Albuquerque District, (Corps) is evaluating a permit application from Lone Creek Land Company to expand the capacity of Kelly Reservoir. The proposed project would directly impact approximately 0.12 acre of palustrine emergent (PEM) wetlands and indirectly inundate 3.09 acres of PEM wetlands and an estimated 100 linear feet of Wohler Gulch. The proposed project would also involve temporarily impacting 0.34 acre of PEM wetlands during construction. This notice is to inform interested parties of the proposed activity and to solicit comments.
AUTHORITY: This application is being evaluated under Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States (WOTUS).
APPLICANT: Lone Creek Land Company
Attn: Brian DeBrie
4841 N 84th
Lincoln, Nebraska 68507
AGENT: Applegate Group
Attn: Steve Smith
1490 W 121st Ave. Suite 100
Denver, Colorado 80234
LOCATION: The proposed project site is located on Wohler Gulch at the existing Kelly Reservoir and Dam, approximately 3 miles west of the unincorporated community of Toponas, centered at latitude 40.056098°, longitude -106.860276°, Routt County, Colorado
PROJECT DESCRIPTION: The applicant proposes to place fill materials into Wohler Gulch and associated wetlands to raise the dam crest height and increase the reservoir’s capacity by approximately 150 acre-feet, relative to the current storage ability. Based on the available information, the overall project purpose is to produce agricultural hay for grazing. The applicant believes there is a need “to provide water supply to use the existing water rights more efficiently on Porcupine Ranch, to maximize the hay yield within the existing irrigated area and to irrigate up to an additional 156 acres of hay that are not currently irrigated on Porcupine Ranch”. The attached drawings provide additional project details.
PROPOSED MITIGATION: Mitigation is an important part of the Corps’ permitting process. Mitigation is sequential and includes avoidance, minimization, and compensation for unavoidable adverse impacts to aquatic resources. A detailed mitigation plan is not required for issuance of a public notice, but all three aspects of mitigation must be adequately addressed prior to any Corps’ permit decision. Currently, the applicant is proposing to avoid and minimize impacts to aquatic resources by “relying on the wetlands delineation during construction to minimize temporary impacts to wetlands associated with construction activities”. As proposed, unavoidable impacts to aquatic resources would be compensated by purchasing wetland mitigation credits from the Finger Rock Preserve Wetland Mitigation Bank. The bank currently has sufficient credits for sale and the project is located within the Service Area of the bank.
OTHER AUTHORIZATIONS
Water Quality Certification: Under Section 401 of the Clean Water Act (CWA), the Corps cannot issue a permit to conduct any activity that may result in a discharge into waters of the United States unless a Section 401 water quality certification (WQC) is granted, verifying compliance with water quality
requirements, or WQC is waived. The Colorado Department of Public Health and Environment is the certifying authority responsible for making WQC decisions.
ADDITIONAL INFORMATION:
Environmental Setting: There are approximately 13.66 acres of PEM wetlands and 19 acres of non-wetland waters within the proposed project area. The project site is located at 8,300 feet above sea level and is dominated by mixed pasture grass species with components of sagebrush steppe ecosystems.
Alternatives: Alternatives to the proposed project are analyzed to identify the least environmentally damaging, practicable alternative that meets the applicant’s project purpose and need. Practicability is based on cost, logistics, and technology. All project alternatives, including those which may be less damaging to the aquatic environment, will be considered. The applicant has provided information concerning project alternatives as described in the enclosed updated permit application package submitted to our office on January 28, 2025. Other alternatives may develop during the review process for this permit application.
HISTORIC PROPERTIES: The Corps consulted district files and records, the latest version of the National Register of Historic Places (NRHP), and state records of NRHP-eligible and potentially eligible historic properties to determine if there are any historic properties that may be affected by the proposed undertaking. The project area has been recently surveyed for historic properties. Based on this initial
information, the Corps has made a preliminary determination that the proposed project would not affect any historic properties that meet the criteria for inclusion in the NRHP.
ENDANGERED SPECIES: The Corps has reviewed the U.S. Fish and Wildlife Service's (USFWS) latest published version of federally listed endangered and threatened species located in proposed action area to determine if any listed species or their critical habitat may occur in the proposed project area. The Corps has made a preliminary determination that the proposed activity will affect federally listed endangered or threatened species or their critical habitat. The Corps will initiate consultation with the USFWS pursuant to Section 7 of the Endangered Species Act, as appropriate.
FLOODPLAIN MANAGEMENT: The Corps is sending a copy of this public notice to the local floodplain administrator. In accordance with 44 CFR part 60 (Flood Plain Management Regulations Criteria for Land Management and Use), the floodplain administrators of participating communities are required to review
all proposed development to determine if a floodplain development permit is required and maintain records of such review.
EVALUATION FACTORS: The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the described activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the described activity, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the described activity will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people. The activity's impact on the public interest will include application of the Section 404(b)(1) guidelines promulgated by the Administrator, Environmental Protection Agency (40 CFR Part 230).
The Corps is soliciting comments from the public, federal, state, and local agencies and officials, Indian tribes, and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment
and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
CLOSE OF COMMENT PERIOD: All comments pertaining to this Public Notice must reach this office on or before March 19, 2025, which is the close of the comment period. 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 application. 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. Comments and requests for additional information should be submitted to:
U.S. Army Corps of Engineers, Albuquerque District
Attn: Benjamin Wilson, Project Manager
NW Colorado Branch, Grand Junction Office
400 Rood Avenue, Room 224
Grand Junction, Colorado 81501-2520
E-mail: Benjamin.R.Wilson@usace.army.mil
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.