SUBJECT: The U.S. Army Corps of Engineers, Albuquerque District (Corps), is evaluating a proposal by the City of Aurora (Sponsor) for the establishment of Hayden Ranch River Parcel Mitigation Bank (Hayden Bank), which would result in the establishment, enhancement, and preservation of a total of approximately 31.5-acres of waters of the United States within the Upper Arkansas watershed (Hydrologic Unit Code [HUC]-8, No. 11020001). If authorized, this mitigation bank would enter into financial transactions with individuals or entities receiving authorization under Section 404 of the Clean Water Act of 1972, when appropriate, to provide compensatory mitigation credit as part of Clean Water Act Section 404 permits or enforcement actions within the proposed service area. This notice is to inform interested parties of the proposed activity and to solicit comments. Figures A1, B1, C1.1.1, C1.2.1 and C1.2.2 of the draft Mitigation Bank nstrument for the proposed Bank titled,
Mitigation Bank Instrument for Aurora Water’s Hayden Ranch River Parcel Mitigation Bank, are included as an attachment to this public notice.
APPLICANT (SPONSOR): Aurora Water, City of Aurora, 26791 East Quincy Avenue, Aurora, CO 80016
AUTHORITY: This proposal is being evaluated under Section 404 of the Clean Water Act (33 U.S.C. § 1251, et seq.), with additional guidance from the Compensatory Mitigation For Losses Of Aquatic Resources at 33 Code of Federal Regulations (CFR) Part 332 (2008 Final Mitigation Rule).
LOCATION: The proposed 31.5-acre Hayden Bank is located within a 370-acre collection of Hayden Ranch parcels that are situated along the Arkansas River approximately six miles south of Leadville in Sections 27 and 34, Township 10 South, Range 80 West, Lake County, Colorado. North End Latitude/Longitude: 39.1566°N, -106.3187°W; South End Latitude/Longitude: 39.1420°N, -106.3177°W.
PROJECT DESCRIPTION: The sponsor proposes to create a 31.5-acre mitigation bank by reestablishing and rehabilitating riverine wetlands and associated upland buffers within the Arkansas River floodplain. Approximately 15.69 wetland credits are proposed to be generated through ecological lift, as demonstrated using the Functional Assessment of Colorado Wetlands (FACWet) methodology.
The attached mitigation banking instrument exhibits provide additional project details.
SERVICE AREA: The service area for the Hayden Bank would include the Arkansas River Headwaters Hydrologic Unit Code 10 Watershed (HUC #1102000101) and the two adjoining HUC 10 watersheds to the south: Lake Creek (HUC #1102000102) and North Collegiates Creek (HUC #1102000103). All of these watersheds are within the Arkansas River Headwaters HUC 8 Sub-basin (HUC #11020001). All three watersheds lie within the Southern Rocky Mountains Level 3 Ecoregion.
ADDITIONAL INFORMATION/BACKGROUND:
HISTORIC PROPERTIES: The Corps will consult with the State Historic Preservation Officer in accordance with Section 106 of the NHPA, if applicable.
ENDANGERED SPECIES: The Corps has reviewed the U.S. Fish and Wildlife Service's latest published version of federally listed endangered and threatened species located in Lake County, Colorado. The Canada Lynx (Lynx canadensis – threatened), Gray Wolf (Canis lupus – experimental population), Mexican Spotted Owl (Strix occidentalis lucida – threatened), Monarch Butterfly (Danaus Plexippus – proposed threatened), and Suckley's Cuckoo Bumble Bee (Bombus suckleyi – proposed endangered) were identified as having a range that may encompass the action area. The Corps has not yet made a determination of effects to listed species. The Corps will initiate consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act, if applicable.
CONSIDERATION OF COMMENTS: The Corps is soliciting comments from the public; federal, state, and local agencies and officials; Indian tribes; and other interested parties in order to help inform the Corps and the IRT as to the overall merits of the proposed bank, the scope of the proposed mitigation bank, the delineation of the service area, the ecological suitability of the individual sites to achieve wetlands restoration, and to identify project aspects that should be addressed during the development of a draft MBI. Any comments received will be considered by the Corps to determine whether the proposal has the potential to provide mitigation opportunities for project proponents (i.e., permittees) authorized to impact waters of the United States under Section 404 of the Clean Water Act, Sections 9 or 10 of the Rivers and Harbors Act of 1899, or as a means of resolving Clean Water Act Section 404 enforcement actions.
CLOSE OF COMMENT PERIOD: All comments pertaining to this Public Notice must reach this office on or before April 11, 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, Regulatory Division
Southern Colorado Branch, Durango Office
Attn: Tucker Feyder, Senior Project Manager
1970 East 3rd Avenue, Suite 109
Durango, Colorado 81301
(970) 259-1764 Ext. 2
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.
DISTRICT ENGINEER
ALBUQUERQUE DISTRICT
CORPS OF ENGINEERS
Enclosures