The U.S. Army Corps of Engineers, Albuquerque District (“Corps”), is evaluating a prospectus for the establishment of the Fountain Creek Watershed District (“FCWD”) In-Lieu Fee (“ILF”) Program, which would result in the re-establishment and rehabilitation of wetlands and restoration of streams within the Upper Arkansas watershed (Hydrologic Unit Code [HUC]-6, No. 1102000) within El Paso and Pueblo Counties. If authorized, this ILF Program would enter into financial transactions with individuals or entities receiving authorizations under Section 404 of the Clean Water Act, as amended, when appropriate, to provide compensatory mitigation credit as part of Clean Water Act Section 404 permit or enforcement actions within the proposed service area. This ILF Program would also provide compensatory mitigation credit as part of the State of Colorado’s Water Quality Control Regulation No. 87, and conservation credit pursuant to the Endangered Species Act. This notice is to inform interested parties of the proposed activity and to solicit comments. The final prospectus for the proposed FCWD ILF Program titled, Fountain Creek Watershed District In-Lieu Fee Program Prospectus, dated December 17, 2024, is included as an attachment to this public notice.
APPLICANT (SPONSOR): FCWD, Attn: Allison Schuch, PO BOX 8100, Colorado Springs, CO 80933.
AGENT: GEI Consultants, Inc, Attn: Lucy Harrington, 4601 DTC Blvd, Suite 325, Denver, CO 80237.
AUTHORITY: This prospectus is being evaluated under the Compensatory Mitigation For Losses Of Aquatic Resources at 33 Code of Federal Regulations (CFR) Part 332 (2008 Final Mitigation Rule).
LOCATION: Four (4) restoration sites within El Paso and Pueblo Counties have been identified for potential inclusion into the FCWD ILF program. Site locations are as follows:
1. Fountain North, located at an approximate center point of latitude 38.70706, longitude -104.71617; El Paso County, Colorado; 68.7 acres of potential wetland restoration.
2. Frost, located at an approximate center point of latitude 38.57236, longitude -104.63311; El Paso County, Colorado; 266.4 acres of potential wetland restoration and 2,459.7 feet of potential stream restoration.
3. BJ Ranches, located at an approximate center point of latitude 38.5246, longitude -104.61637; El Paso County, Colorado; 181.9 acres of potential wetland restoration.
4. T-Cross, located at an approximate center point of latitude 38.50748, longitude -104.6094; Pueblo County, Colorado; 430.1 acres of potential wetland restoration.
See Sections 5.3.1 through 5.3.4 of the attached prospectus for more information on these potential sites. Initial ILF sites are not limited to the four (4) sites referenced above.
PROJECT DESCRIPTION: The FCWD proposes to establish the ILF program to provide a compensatory mitigation option to compensate for or replace functions and values of aquatic resources or endangered species habitat degraded or destroyed as a result of activities authorized by the Corps, State of Colorado, or U.S. Fish and Wildlife Service (USFWS), or activities in violation of Section 404 of the Clean Water Act within the FCWD ILF service area. The ILF program will be open to the public for projects within the ILF service area.
ILF project sites would be selected using the compensation planning framework and would utilize current watershed plans within the Fountain Creek watershed to prioritize sites based on watershed needs. For each ILF program site identified by the sponsor, whether identified in existing plans or at a later date, the following site selection criteria will also be considered:
• Functional lift
• Replacement of resource losses resulting from regional historic and current land use impacts
• Ability to function without human intervention
• Project size
• Land ownership/willingness of private landowners to engage in projects
• Water rights
• Mineral rights
• Expected credit types and quantity generation – wetlands vs streams
• Drainage basin
• Cost
SERVICE AREA (Program Area): The service area is limited to the legislative boundary of the FCWD within El Paso County and Pueblo County. Specifically, the service area would include only portions of El Paso county within the Upper Arkansas watershed 6-digit HUC, which includes the Fountain 8-digit HUC (No. 11020003) within El Paso County and the Chico 8-digit HUC (No. 11020004) in its entirety; approximately half of the Upper Arkansas 8-digit HUC (11020002) and Upper Arkansas-Lake Meredith 8-digit HUC (No. 11020005); and smaller portions of three (3) 8-digit HUCs including Apishapa (No.11020007), Huerfano (No. 11020006), and Horse (No. 11020008). See figure 1., Proposed Service Area, Fountain Creek ILF Program, in the attached prospectus for a map depicting the proposed service area.
Click here to view the full Public Notice (PDF).