PUBLIC NOTICE: REQUEST FOR PERMISSION TO ALTER A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

PUBLIC NOTICE: REQUEST FOR PERMISSION TO ALTER A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

TITLE: Alamosa Pedestrian Bridge over the Rio Grande (408-SPA-2024-002)

PUBLIC NOTICE COMMENT PERIOD:

Begins: February 18, 2026

Ends: March 20, 2026

REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, the City of Alamosa (requester and non-federal sponsor of the federally authorized project) has requested permission from the U.S. Army Corps of Engineers (USACE) to alter the Alamosa Levees, Rio Grande Right Levee project, which is a federal flood risk management project authorized by the Water Resources Development Act of 1986.

LOCATION: The Alamosa Pedestrian Bridge over the Rio Grande project is located at 705 Stadium Drive, at Latitude 37.480953°, Longitude -105.879429°, in the City of Alamosa, Alamosa County, Colorado.

REQUESTER’S PROPOSED ACTION: The proposed project involves the construction of a new 360-foot, 3-span steel truss bridge, supported by reinforced concrete abutments and piers constructed across the Rio Grande north of the Adams State University (ASU) campus. In addition, the project involves the demolition of the building located at 710 Stadium Drive and subsequent redevelopment of the property with a trailhead, parking lot, and ramp between the parking lot and bridge that meets the Americans with Disabilities Act (ADA) Standards for Accessible Design. A public access easement would be aligned parallel to the existing Rio Grande Right Levee at the eastern boundary of the two southernmost parcels. A bridge does not currently exist at this location. The river in the vicinity of the project is bound by two levees approximately 300 feet apart.

The proposed bridge would be designed to meet FEMA and Colorado Department of Transportation (CDOT) freeboard criteria. FEMA regulations require that riverine levees have 4 feet of freeboard from the 100-year water surface to the top of the levee at the bridge crossings. This amount of freeboard must be maintained for 100 feet on either side of the bridge. Both abutments are designed to have fill embankments placed on top of the existing levee (west side) and a spoil berm (east side) to raise their top elevations to the bridge deck elevation.

The purpose of this project is to build a pedestrian bridge and related parking area, which would enhance safety and accessibility for pedestrians and cyclists on the trails in the Rio Grande corridor in Alamosa, Colorado. The bridge would connect trails that exist for pedestrians and cyclists on both banks of the Rio Grande.

POTENTIAL ENVIRONMENTAL AND FEDERAL PROJECT IMPACTS OF PROPOSED ACTION: The Section 408 review of this project will be divided into two phases. Phase I consists of a geotechnical boring evaluation to gather essential information needed to evaluate the subsurface conditions at the proposed abutment locations for design and construction of the pedestrian bridge. The proposed activities would include four boring locations within project boundaries, including one geotechnical boring located on the Rio Grande Right Levee. All the test borings could extend approximately 120 feet below the surface, depending on conditions. The Albuquerque District is evaluating the authorization request for Phase I under the USACE, South Pacific Division’s (SPD) Regional Categorical Permission (RCP) #3. Soil Investigations, Borings, Explorations, and Instrumentation.

Phase II of the Section 408 review encompasses the construction of the pedestrian bridge. The total project disturbance comprises 10.7 acres along Stadium Drive, north of ASU, extending northeasterly across the Rio Grande approximately 105 feet onto the eastern bank of the river with a width of 235 feet.

Existing trails extend along the top of the levees and berms. The west abutment of the proposed bridge would be constructed on top of the Alamosa Levees, Rio Grande Right Levee and the east abutment would be constructed on top of a non-regulatory, non-engineered spoil berm that provides some level of flood protection for the golf course and adjacent housing development. The Albuquerque District is evaluating the request to authorize Phase II under the USACE, SPD’s RCP #5. Bridges.

Section 7 of the Endangered Species Act

To comply with Section 7 of the Endangered Species Act (ESA), the Federal Highway Administration (FHWA), who is the lead federal agency for the project, prepared a biological assessment (BA) to assess effects to the threatened Mexican spotted owl (Strix occidentalis lucida), the endangered southwestern willow flycatcher (Empidonax traillii extimus), the threatened western yellow-billed cuckoo (Coccyzus americanus), the threatened silverspot butterfly (Speyeria nokomis nokomis), the proposed endangered Suckley’s cuckoo bumble bee (Bombus suckleyi), the proposed threatened monarch butterfly (Danaus Plexippus), and the endangered gray wolf (Canis lupus).

The FHWA determined the project would permanently affect 0.04 acre of southwestern willow flycatcher and yellow-billed cuckoo habitat in the project action area, and would result in additional 0.55 acre of temporary effects to federally listed avian species habitat.  The FHWA submitted their BA to the United States Fish and Wildlife Service (USFWS) and initiated consultation under Section 7 of the ESA.  Their BA determined the project “may affect but not likely adversely affect” both listed avian species and would have “no effect” on the other listed species. The USFWS has concurred with the FHWA BA findings.

Section 106 of the National Historic Preservation Act

Potentially eligible cultural resources may be affected by the proposed project. The FHWA initiated consultation with the State Historic Preservation Officer and received concurrence.

AUTHORITY: The authority to grant permission for temporary or permanent use, occupation or alteration of any USACE civil works project is contained in Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 U.S.C. 408 (“Section 408”). Section 408 authorizes the Secretary of the Army, on the recommendation of the Chief of Engineers, to grant permission for the alteration or occupation or use of a USACE project if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project. The Secretary of Army’s authority under Section 408 has been delegated to the USACE, Chief of Engineers. The USACE Chief of Engineers has further delegated the authority to the USACE, Directorate of Civil Works and Division and District Engineers, depending upon the nature of the activity.

LIMITS OF SECTION 408 AUTHORITY: A requester has the responsibility to acquire all other permissions or authorizations required by federal, state, and local laws or regulations, including any required permits from the USACE Regulatory Program under Section 404 of the Clean Water Act (33 U.S.C. Section 1344). In addition, approval under Section 408 does not grant any property rights or exclusive privileges nor does it authorize any injury to the property or rights of others.

EVALUATION FACTORS: The decision whether to grant the requested permission for project alteration under Section 408 will be based on several factors. 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 proposal must be balanced against its reasonably foreseeable detriments. Requests for alteration will be reviewed by a USACE technical review team considering the following factors:

1) Impair the Usefulness of the Project Determination. The review team will determine if the proposed alteration would limit the ability of the USACE project to function as authorized, or would compromise or change any authorized project conditions, purposes or outputs. In order for an alteration to be approved, the requester must demonstrate that the alteration does not impair the usefulness of the federally authorized project.

2) Injurious to the Public Interest Determination. Proposed alterations will be reviewed to determine the probable impacts, including cumulative impacts, on the public interest. Factors that may be relevant to the public interest evaluation depend upon the type of USACE project being altered and the nature of the proposed alteration and may include, but are not limited to, such things as conservation, economic development, historic properties, cultural resources, environmental impacts, water supply, water quality, flood hazards, floodplains, residual risk, induced damages, navigation, shore erosion or accretion, and recreation. This evaluation will consider information received from the interested parties, including tribes, agencies, and the public. The benefits that reasonably may be expected to accrue from the proposal must be compared against its reasonably foreseeable detriments. The decision whether to approve an alteration will be determined by the consideration of whether benefits are commensurate with risks and by the net impact of the alteration on the public interest using the public interest factors.

3) Environmental Compliance. A decision on a Section 408 request is a federal action, and therefore subject to the National Environmental Policy Act (NEPA) and other environmental compliance requirements. While USACE and the Lead Federal Agency (LFA) is responsible for ensuring environmental compliance, the requester is responsible for providing all information that the USACE and LFA identifies as necessary to satisfy all applicable federal laws, executive orders, regulations, policies, and procedures. NEPA and other analysis completed to comply with other environmental statutes (e.g. Endangered Species Act) should be commensurate with the scale and potential effects of the activity that would alter the USACE project. The Albuquerque District will work with the requester to determine the requirements, which will be scaled to the likely impacts of the proposed alteration and should convey the relevant considerations and impacts in a concise and effective manner.

PUBLIC INVOLVEMENT: The purpose of this notice is to solicit comments from the public; federal, state, and local agencies and officials; tribes; and other interested parties regarding the Alamosa Pedestrian Bridge over Rio Grande project, a proposed alteration to a federally authorized project. Comments received within 30 days of publication of this notice will be used in the evaluation of potential impacts of the proposed action on important resources and in the evaluation of whether the proposed alteration would be injurious to the public interest and/or would impair the usefulness of the authorized project. Only the specific activities that have the potential to occupy, use or alter the Alamosa Rio Grande Right Levee will be evaluated. Please limit comments to the area of the alteration and those adjacent areas that would be directly or indirectly affected by the alteration to the Alamosa Rio Grande Right Levee. Please note that all comment letters received are subject to be released to the public through the Freedom of Information Act.

SUBMITTING COMMENTS: Written comments, referencing Department of the Army file number 408-SPA-2024-002 must be submitted to the office listed below on or before March 20, 2026.

S. Brad Crosson, Section 408 Coordinator, Regulatory Division, Albuquerque District

Email: CESPA-408@usace.army.mil  

Attachment: Project Site Maps and Plan Drawings (8 Pages)