Omaha and Albuquerque Districts File Record No. SPA-2026-00092
TO WHOM IT MAY CONCERN: The U.S. Army Corps of Engineers, Albuquerque and Omaha Districts (Corps), are proposing to renew the issuance of Colorado Regional General Permit (RGP) 5 for ditch-related activities in the State of Colorado. The purpose of this public notice is to inform interested parties of the proposed re-issuance of RGP 5 and to solicit comments. The existing RPG 5 was issued on July 30, 2021, and expires on July 30, 2026.
LOCATION: This permit is applicable to all ditches and other associated wetlands that are waters of the United States within the State of Colorado.
PURPOSE: The purpose of RGP 5 is to provide a general permit mechanism for activities that involve the discharge of dredged or fill material into waters of the United States located in the state of Colorado and associated with mitigation or repair following natural disasters, including flood events. Activities covered by RGP 5 must result in no more than minimal individual and cumulative impacts to the aquatic environment. The current version of RGP 5 is attached for review and no substantial changes are being proposed for reissuance.
DESCRIPTION OF AUTHORIZED ACTIVITIES: The types of activities covered under this RGP are those that involve discharges of dredged or fill material into irrigation and drainage ditches (ditches) and any directly associated wetlands. Irrigation ditches convey irrigation water to or away from irrigated lands. Drainage ditches increase the drainage of a particular land area. To the extent that a Corps permit is required, activities authorized by this RGP include:
- Construction of irrigation ditches,
- Relocation/realignment of existing irrigation ditches,
- Converting existing ditches into pipes,
- Filling of existing ditches, and
- Lining or armoring existing ditches.
LENGTH OF AUTHORIZATION: The RGP, if re-issued, will be valid for five years from the date of issuance.
EVALUATION: The decision whether to reissue RGP 5 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 RGP 5 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 RGP’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 reissuance of RGP 5. Any comments received will be considered by the Corps 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.
COMMENTS: The Omaha and Albuquerque Districts will receive written comments on the proposed re-issuance of RPG 5, as outlined above, until April 3, 2026. Comments should be submitted electronically to Benjamin Wilson at benjamin.r.wilson@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Albuquerque District, Attention: Benjamin Wilson; 400 Rood Avenue, Room 224; Grand Junction, Colorado, 81501.
The Corps is particularly interested in receiving comments related to the proposal's probable impacts on the affected aquatic environment and the secondary and cumulative effects. If you have questions or need additional information, please contact the Corps' project manager.
ATTACHMENT: Colorado Regional General Permit 5 - Ditch Related Activities in the State of Colorado, July 30, 2021.