PERMIT APPLICATION UNDER SECTION 404 OF THE CLEAN WATER ACT (33 USC 1344)
Summary of Proposed Project: We are requesting public comment on the following project before the above comment due date. The application is for a permit to place dredged/fill material into waters of the U.S. associated with the construction of a private college campus in two tributaries to Trout Creek located in Woodland Park, Teller County, Colorado. Details of the proposed project are provided below.
Name of Applicant: Andrew Womack Industries, 850 Elkton Drive, Colorado Springs, Colorado 80934.
Location: The project is located in two tributaries to Trout Creek immediately west of the intersection of Colorado State Highway 24 and Trout Creek Road in Section 16, Township 12 South, Range 69 West, Teller County, Colorado.
Description of Work: The Sanctuary Campus Development Project will be utilized as a private college. Most of the buildings and parking lots are planned to be centrally located on the site. The proposed development will generally be confined to upland areas. However, construction of the road to provide access to the site will cross and impact wetlands associated with two waterways. The proposed entrance road to the campus will cross wetland area 1 on the east end of the site off of Trout Creek Road, with a total of approximately 0.07 acres of temporary and 0.59 acres of permanent impacts to waters of the U.S. from road installation. The road continues through the main campus area, crossing wetland area 2 on the west end of the site, with a total of approximately 0.38 acres of permanent impacts. Total cumulative permanent impacts to waters of the U.S. from the proposed project will be 0.97 acres.
Purpose and Need: The stated purpose of this project is to develop a small campus to be used as a private college. The crossings are needed to gain access to the campus.
Mitigation: Areas temporarily disturbed during construction and access will be revegetated using native seed mixes. Compensatory mitigation for the permanent loss of approximately 0.97 acres of wetlands will be undertaken concurrently with project construction and will be on-site and in-kind at wetland area 1 as shown on enclosure sheet 3 of 3. Weeds and other noxious plant species will be controlled post-construction in the project area until native communities are established.
Plans and Data: Drawings showing the location of the work site and other data are enclosed with this notice. If additional information is desired, it may be obtained from the applicant, or from:
Christopher M. Grosso
U.S. Army Corps of Engineers
Southern Colorado Regulatory Office
200 South Santa Fe Avenue, Suite 301
Pueblo, Colorado 81003-4270
Fax No. (719) 543-9475
Statement of Findings: The Corps consulted district files and records, the latest version of the National Register of Historic Places (NRHP), and state records of NRHP-eligible and potentially eligible historic properties to determine if there are any historic properties that may be affected by the proposed undertaking. The project area has been recently surveyed for historic properties; further identification efforts may be required. Based on this initial information, the Corps has made a preliminary determination that the proposed project may affect any historic properties that meet the criteria for inclusion in the NRHP.
The Corps has reviewed the U.S. Fish and Wildlife Service's latest published version of Federally-listed endangered and threatened species located in Teller County, Colorado to determine if any listed species or their critical habitat may occur in the proposed project area. The Corps has made a preliminary determination that the proposed project will not affect any Federally-listed endangered or threatened species or their critical habitat that are protected by the Endangered Species Act.
In accordance with environmental procedures and documentation required by the National Environmental Policy Act of 1969, an environmental assessment will be prepared for this project. Upon completion, the assessment may be seen at the U.S. Army Corps of Engineers, Albuquerque District Office, at the address given above. Comments: Any comments concerning this project should be received by the District Engineer no later than May 31, 2012. Comments received after the end of the Public Notice comment period will not be considered. However, more time may be given if a request, with a valid reason, is received prior to the suspense date. The Corps of Engineers 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 of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed below. 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.
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 benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The evaluation of the impact of this activity will include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act. All factors relevant to the proposal and the cumulative effects will be considered; among these are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore 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.
If the District Engineer determines that the project complies with the 404(b) (1) guidelines, he will grant the permit unless issuance would be contrary to the public interest.
Any person may request a public hearing. The request must be submitted, in writing, to the District Engineer within 21 days of the date of this notice and must clearly set forth the reasons for holding a public hearing.