Permit Application No. SPA-2015-00428

TO WHOM IT MAY CONCERN: The Albuquerque District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344). The purpose of this public notice is to solicit comments from the public regarding the work described below:

APPLICANT: Loren Moreland
Classic SJR, LLC
2138 Flying Horse Club Drive
Colorado Springs, CO 80921

AGENT: Daniel Maynard
Bristlecone Ecology, LLC
2023 W Scott Pl.
Denver, CO 80211

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Fountain Creek. The project/review area is located northeast and southeast of the Sterling Ranch Road and Dines Blvd intersection, in 33 Section, 12 Township, 65 Range; at Latitude 38.96408°and Longitude -104.66924°; in Black Forest, El Paso County, Colorado.

EXISTING CONDITIONS: Land use surrounding the proposed project area consists primarily of residential development with small amounts of commercial and industrial development. Several stormwater outfalls, including three (3) large in-channel impoundments, are located within the proposed project area reach of Sand Creek.

The project area is located below the ordinary high-water mark (OHWM) of Sand Creek and within the riparian and wetland corridors of the creek. Common vegetation found in both upland, riparian, and wetland areas within and surrounding the project area includes smooth brome (Bromus inermis), little bluestem (Schizachyrium scoparium), Kentucky bluegrass (Poa pratensis), western wheatgrass (Pascopyrum smithii), blue grama (Bouteloua gracilis), fringed sage (Artemisia frigida), spreadfruit goldenbanner (Themopsis divaricarpa), switchgrass (Panicum virgatum), heart-leaf buttercup (Ranunculus cardiophyllus), Nebraska sedge (Carex nebrascensis), clustered field sedge (C. praegracilis), Emory’s sedge (C. emoryi), Baltic rush (Juncus balticus), Dudley’s rush (J. dudleyi), Torrey’s rush (J. torreyi), common spikerush (Eleocharis palustris), sandbar willow (Salix exigua), meadow foxtail (Alopecurus pratensis), redtop (Agrostis gigantea), reed manna grass (Glyceria grandis), slim-stem reedgrass (Calamoagrostis stricta), great mullein (Verbascum thapsus), and Canada thistle (Cirsium arvense).

PROJECT PURPOSE:

Basic Purpose: Stream bed and bank stabilization

Overall Purpose: To stabilize the streambed and streambanks and reduce erosion, stream degradation, and sediment loading within Sand Creek near the Sterling Ranch development.

PROPOSED WORK: The applicant requests authorization to stabilize Sand Creek, within a stream reach bisecting the Sterling Ranch Development. The applicant proposes to utilize natural design methods such as meandering bankfull sections with a 57-foot-wide flood terrace and floodplain ranging from approximately 100 to 500 feet wide. Additional in-stream structures would include eight (8) grouted boulder drop structures to account for the existing grade within the channel. Furthermore, the design would use a four-stage cross-section involving a low-flow channel, bankfull section with inner berm, flood terrace, and floodplain. The stages are designed to convey various levels of storm flows, with the flood terrace designed to convey a 2-year storm and the floodplain designed for a full 100-year storm event. Furthermore, void-filled riprap, soil riprap, and sheet pile cut-off walls would be utilized within portions of the low-flow channel which includes soil lifts along portions of stream bends. The project would also include reconfiguring three (3) existing in-channel impoundments. The proposed project would result in permanent impacts to 7.5 acres of palustrine emergent and scrub-shrub wetlands, 0.44 acre of streambed below the ordinary high-water mark (OHWM) of Sand Creek, and 2.33 acres of open water within the Sand Creek channel. The affected reach of Sand Creek is approximately 7,903 linear feet (LF). The proposed redesign of the reach would increase sinuosity resulting in an increase in total stream length to 8,325 linear feet.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: “The project was designed to meet the current and future needs of the reach and watershed, and therefore total avoidance was not possible. A No-Action Alternative was considered and is discussed in greater detail in the accompanying Alternatives Analysis. The original project design was more impactful to the stream and the Applicant spent significant time and money redesigning the original approach from scratch to minimize functional loss. No alternatives were practicable that could further minimize the impacts to WOTUS.”

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant proposes a total of 34.14 acres of permittee responsible on-site wetland mitigation to compensate for the loss of 7.5 acres of wetland, 0.44 acre of streambed, and 2.33 acres of open water. The proposed mitigation is composed of 6.15 acres of re-establishment, 22.25 acres of establishment, 3.51 acres of enhancement, and 2.23 acres of preservation. A portion of mitigation associated with streambed and open-water impacts is proposed as out-of-kind on-site mitigation.

CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, state, and federal government agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, federally recognized tribes and other interested parties.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, including generation of a U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) report, to determine if any threatened, endangered, proposed, or candidate species, as well as any proposed or final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project will not affect any listed species or critical habitat.

The USFWS IPaC report generated official species list indicates the following listed species and species proposed for listing have a range that encompasses the action area: Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis-Threatened), Piping Plover (Charadrius melodus-Threatened), monarch butterfly (Danaus Plexippus-Proposed Threatened), Suckley's cuckoo bumble bee (Bombus suckleyi-Proposed Endangered), Ute ladies'-tresses (Spiranthes diluvialis-Threatened). There is no USFWS proposed or designated critical habitat located in or near the action area.

Pursuant to Section 7 ESA, any required consultation with the USFWS will be conducted in accordance with 50 CFR part 402.

This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

NAVIGATION: The proposed structure or activity is not located in the vicinity of a federal navigation channel.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Individual Water Quality Certification (WQC) may be required from the Colorado Department of Public Health and Environment (CDPHE). CDPHE is the certifying authority responsible for making WQC decisions.

NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical 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, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.

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 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 determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Albuquerque District will receive written comments on the proposed work, as outlined above, until July 18, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Daniel Delgado at Daniel.i.Delgado@usace.army.mil. Alternatively, you may submit comments in writing to: