HomeMy WebLinkAbout841167.tiff Public Notice
US Army Corps
of Engineers Permit Application No: Dale:
Albuquerque District CO Regional Conditions August 17, 1984
WELD CQu17Y (•ne�,liC°..041ERS Phone: (303)543-9459 Suspense Date:
�-� (505) 766-2776 September 17 , 1984
0 �,;J , �• In Reply Refer to: District Engineer ATTN: SWACO-OR
P.O. Box 1580, Albuquerque, NM 87103
Alit) G1 N04 II
w gauNT PUBLIC NOTICE OF THE SOUTHWESTERN, SOUTH PACIFIC AND
MISSOURI RIVER DIVISIONS OF THE CORPS OF ENGINEERS AND
THE COLORADO DEPARTMENT OF HEALTH
This public notice is to inform the citizens of Colorado about proposed
changes in how the Corps of Engineers will administer nationwide permits in
Colorado pursuant to Section 404 of the Clean Water Act and to provide the
public an opportunity for comment and public hearing on the proposed changes.
Background
Twenty-six nationwide permits have been issued by the Corps of Engineers
under Section 404 of the Clean Water Act and are intended to allow certain
categories of work, which are individually and cumulatively not harmful to the
environment, to be accomplished with little, if any, delay or paperwork. The
Corps of Engineers has evaluated each proposed nationwide permit pursuant to
the National Environmental Policy Act and determined that the activity
authorized under each permit will not significantly affect the quality of the
human environment . Nationwide permits which are applicable to Colorado are
listed in Appendix I of this notice . Each nationwide permit has nine
mandatory conditions to be followed by each user. Section 401 of the Clean
Water Act requires that prior to issuing any permit to discharge ,
certification must be received from the state water quality management agency
that the discharge will not result in a violation of state water quality
standards. On April 9, 1984 the Corps asked the Colorado Department of Health
to recertify that the nationwide permits being used in Colorado were not
violating water quality standards . As a result of this request and much
discussion between the three Corps districts in Colorado and the Colorado
Department of Health, the Colorado Department of Health concluded that the
nationwide permits, as written and conditioned, were resulting in violations
of state water quality standards and additional conditioning was necessary for
their use in Colorado. On May 24, 1984 the Colorado Department of Health
informed the Corps that it would recertify each nationwide permit usable in
Colorado provided certain conditions are added to the use of each permit . If
adopted, these added conditions would place further restrictions or additional
requirements on potential permittees in order to provide an added measure of
environmental protection.
841167
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Proposed Action
The Corps of Engineers is considering adding regional conditions to the
nationwide permits listed in Appendix I of this notice. These additional
regional conditions were requested by the Colorado Department of Health and
are listed in Appendix II of this notice. If these conditions, or variations
of these conditions, are determine to be in the overall public interest, and
consistent with Corps policy, they could be adopted upon completion of the
public review process . Another public notice will be issued after completion
of the public review process listing any conditions which are adopted by the
Corps.
Comments Requested
Any comments you may have on these proposed regional conditions or
requests for a public hearing should be submitted to the District Engineer,
ATTN: SWACO-OR, Albuquerque District Corps of Engineers , P.O. Box 1580,
Albuquerque, New Mexico 87103-1580, within thirty (30) days after the date of
this public notice.
_.7Akr
2 Attachments David E. Peixotto
Lieutenant Colonel, CE
District Engineer
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APPENDIX I
EXISTING NATIONWIDE PERMITS AND CONDITIONS
Nationwide Permits : The following Section 404 nationwide permits are usable
in Colorado. In order to avoid any violation of State water quality
standards , the Corps is proposing to regionally condition these permits with
the additional conditions listed in Appendix II.
3 . The repair, rehabilitation, or replacement of any previously authorized,
currently serviceable, structure or fill, or of any currently serviceable
structure or fill constructed prior to the requirement for authorization;
provided such repair, rehabilitation, or replacement does not result in a
deviation from the plans of the original structure or fill, and further
provided that the structure or fill has not been put to uses differing from
uses specified for it in any permit authorizing its original construction.
Minor deviations due to changes in materials or construction techniques and
which are necessary to make repair, rehabilitation, or replacement are
permitted. Maintenance dredging and beach restoration are not authorized by
this nationwide permit. (Sections 10 and 404)
6. Survey activities including core sampling, seismic exploratory operations,
and plugging of seismic shot holes and other exploratory-type bore holes.
(Sections 10 and 404)
7 . Outfall structures and associated intake structures where the effluent
from the outfall has been permitted under the National Pollutant Discharge
Elimination System program (Section 402 of the Clean Water Act) (see 40 CFR
Part 122) provided that the district or division makes a determination that
the individual and cumulative adverse environmental effects of the structure
itself are minimal in accordance with Section 330.7(c)(2) and (d) . Intake
structures per se are not included - only those directly associated with an
outfall structure are covered by this nationwide permit. This permit includes
minor dredging , filling and other work associated with installation of the
intake and outfall structures. (Sections 10 and 404)
12 . Discharge of material for backfill or bedding for utility lines ,
including outfall and intake structures , provided there is no change in
preconstruction bottom contours (excess material must be removed to an upland
disposal area) . A "utility line" is defined as any pipe or pipeline for the
transportation of any gaseous, liquid, liquifiable, or slurry substance, for
any purpose, and any cable, line, or wire for the transmission for any purpose
of electrical energy , telephone and telegraph messages , and radio and
television communication. (The utility line and outfall and intake structures
will require a Section 10 permit if in navigable waters of the United States.
See 33 CFR Part 322. See also paragraph (a)(7) of this section) . (Section
404)
13 . Bank stabilization activities provided:
(i) The bank stabilization activity is less than 500 feet in length;
(ii) The activity is necessary for erosion prevention;
(iii) The activity is limited to less than an average of one cubic yard
per running foot placed along the bank within waters of the United States;
( iv) No material is placed in excess of the minimum needed for erosion
protection;
(v) No material is placed in any wetland area;
(vi) No material is placed in any location or in any manner so as to
impair surface water flow into or out of any wetland area;
(vii) Only clean material free of waste metal products , organic
materials, unsightly debris, etc. is used; and
(viii) The activity is a single and complete project. (Sections 10 and
404)
14. Minor road crossing fills including all attendant features , both
temporary and permanent , that are part of a single and complete project for
crossing of a non—tidal waterbody, provided that the crossing is culverted,
bridged or otherwise designed to prevent the restriction of, and to withstand,
expected high flows and provided further that discharges into any wetlands
adjacent to the waterbody do not extend beyond 100 feet on either side of the
ordinary high water mark of that waterbody. A "minor road crossing fill" is
defined as a crossing that involves the discharge of less than 200 cubic yards
of fill material below the plane of ordinary high water . The crossing may
require a permit from the U.S. Coast Guard if located in navigable waters of
the United States (see 33 USC 301) . Some road fills may be eligible for an
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exemption from the need for a Section 404 permit altogether (see 33 CFR
323 .4) . District Engineers are authorized, where regional conditions indicate
the need , to define the term "expected high flows" for the purpose of
establishing applicability of this nationwide permit. (Sections 10 and 404)
15 . Fill placed incidental to the construction of bridges across navigable
waters of the United States , including cofferdams , abutments , foundation
seals , piers , and temporary construction and access fills provided such fill
has been authorized by the U.S. Coast Guard under Section 9 of the River and
Harbor Act of 1899 as part of the bridge permit. Causeways and approach fills
are not included in this nationwide permit and will require an individual or
regional Section 404 permit. (Section 404)
17 . Fills associated with small hydropower projects at existing reservoirs
where the project which includes the fill is licensed by the Department of
Energy under the Federal Power Act of 1920, as amended; has a total generating
capacity of not more than 1500 kw (2,000 horsepower) ; qualifies for the short—
form licensing procedures of the Department of Energy (see 18 CFR 4.61) ; and
the District or Division Engineer makes a determination that the individual
and cumulative adverse effects on the environment are minimal in accordance
with Section 330.7(c)(2) and (d) . (Section 404)
18. Discharges of dredged or fill material into all waters of the United
States other than wetlands that do not exceed ten cubic yards as a part of a
single and complete project. (Sections 10 and 404)
20 . Structures , work, and discharges for the containment and cleanup of oil
and hazardous substances which are subject to the National Oil and Hazardous
Substances Pollution Contingency Plan, provided the Regional Response Team
which is activated under the Plan concurs with the proposed containment and
cleanup action. (Sections 10 and 404)
21 . Structures, work, and discharges associated with surface coal mining
activities provided they are authorized by the Department of the Interior,
Office of Surface Mining, or by states with approved programs under Title V of
the Surface Mining Control and Reclamation Act of 1977 ; the appropriate
District Engineer is given the opportunity to review the Title V permit
application and all relevant Office of Surface Mining or state (as the case
may be) documentation prior to any decision on that application; and the
District Engineer makes a determination that the individual and cumulative
adverse effects on the environment from such structures, work, or discharges
are minimal in accordance with 330.7(c)(2) and (3) and (d) . (Sections 10 and
404)
23 . Activities , work, and discharges undertaken, assisted , authorized ,
regulated, funded, or financed, in whole or in part, by another federal agency
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or department where that agency or department has determined, pursuant to the
CEQ Regulation for Implementing the Procedural Provisions of the National
Environmental Policy Act (40 CFR Part 1500 et seq.) , that the activity, work,
or discharge is categorically excluded from environmental documentation
because it is included within a category of actions which neither individually
nor cumulatively have a significant effect on the human environment , and the
Office of the Chief of Engineers (ATTN: DAEN-CWO-N) has been furnished notice
of the agency's or department's application for the categorical exclusion and
concurs with that determination. Prior to approval for purposes of this
nationwide permit of any agency's categorical exclusions, the Chief of
Engineers will solicit comments through publication in the Federal Register.
(Sections 10 and 404)
25 . Discharge of concrete into tightly sealed forms or cells where the
concrete is used as a structural member which would not otherwise be subject
to Clean Water Act jurisdiction. (Section 404)
26 . Discharges of dredged or fill material into the waters listed in
subparagraph (i) and (ii) below which do not cause the loss or substantial
adverse modification of 10 acres or more of such waters of the United States ,
including wetlands . For discharges which cause the loss or substantial
adverse modification of 1 to 10 acres of such waters , notification of the
District Engineer is required in accordance with Section 330 .7 below.
(Section 404)
( i) Non-tidal rivers, streams , and their lakes and impoundments ,
including adjacent wetlands, that are located above the headwaters.
(ii) Other non-tidal waters of the United States, including adjacent
wetlands, (see 33 CFR 323 .2(a)(3)) that are not part of a surface tributary
system to interstate waters or navigable waters of the United States (i.e.
isolated waters) .
The following nationwide permit is also usable in Colorado provided the
applicant first applies for and receives a water quality certificate from the
Colorado Department of Health.
16 . Return water from a contained dredge disposal site provided the State has
issued a certification under Section 401 of the Clean Water Act (see 33 CFR
325 .2(b) ( 1)) . The dredging itself requires a Section 10 permit if located in
navigable waters of the United States.
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Existing Conditions on Each Nationwide Permit
The following conditions must be followed by a user of any of the above listed
nationwide permits . Currently , if an applicant cannot comply with all of
these conditions they may not use a nationwide permit.
1 . That any discharge of dredged or fill material will not occur in the
proximity of a public water supply intake.
2. That any discharge of dredged or fill material will not occur in
areas of concentrated shellfish production unless the discharge is directly
related to a shellfish harvesting activity authorized by paragraph (a) (4) of
this section.
3. That any activity will not jeopardize a threatened or endangered
species as identified under the Endangered Species Act, or destroy or
adversely modify the critical habitat of such species. In the case of federal
agencies , it is the agencies' responsibility to review its activities to
determine if the action "may affect" any listed species or critical habitat.
If so, the Federal agency must consult with the Fish and Wildlife Service
and/or National Marine Fishery Service.
4. That the activity will not significantly disrupt the movement of
those species of aquatic life indigenous to the waterbody (unless the primary
purpose of the fill is to impound water) .
5 . That any discharge of dredged or fill material will consist of
suitable material free from toxic pollutants (see Section 307 of Clean Water
Act) in toxic amounts.
6. That any structure or fill authorized will be properly maintained.
7 . That the activity will not occur in a component of the National Wild
and Scenic River System.
8. That the activity will not cause an unacceptable interference with
navigation.
9. That the best management practices listed in 330 .6 of this part
should be followed to the maximum extent practicable.
APPENDIX II
PROPOSED REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN COLORADO
The following eight conditions are proposed to be added to those listed in
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Appendix I as applicable to the use of nationwide permits #3, 6, 7, 12, 13,
14, 15, 17 , 18, 20, 21, 23 , 25, and 26 in Colorado. Under this proposal, if
an applicant cannot comply with the following conditions and those listed at
the end of Appendix I, they may not use any of the nationwide permits listed
in Appendix I.
1. The discharge may not result in a violation of Colorado numeric
stream standards promulgated by the Colorado Department of Health, nor alter
the stream's water quality or physical characteristics so as to significantly
interfere with or become injurious to existing beneficial uses of waters of
the state. Officially recognized uses include aquatic life, water supply,
recreation, and agriculture. The discharge may not result in formation or
production of bottom deposits, floating debris, scum or other surface material
or color or odor harmful to uses ; or production of a predominance of
undesirable aquatic life, surface film, or a deposit on shorelines; or impart
any undesirable taste to significant edible species or to the water. The
discharge may not contribute to any existing or foreseeble cumulative injury
to existing beneficial uses.
2. The discharge shall not contain metals or other chemicals in
available concentrations significantly greater than those normally found in
the existing stream channel.
3 . The discharge shall be free of rubbish or other waste. Concrete
slabs which may be unstable are not authorized . Broken concrete chunks are
authorized, but shall be free of protruding reinforcing material.
4. Structural fill or bank protection shall consist of materials, be
placed, and be maintained so as to be stable, withstand high flows, and
present no unacceptable hazard to humans or wildlife.
5 . The permittee shall notify downstream water users, other than
agricultural users, who have a diversion within one mile downstream of the
project site of the nature of the proposed activity sufficiently in advance to
allow the user to take appropriate precautionary actions to protect their
facilities against unavoidable or unexpected introduction of pollutants to the
water. This also applies to public water supply intakes that are within five
miles downstream of the proposed activity. The county clerk or local
representative of the State Engineer 's Office may be able to provide
assistance in contacting these people.
6. Chemicals, petroleum products, sediment removed from runoff controls
and any other potential pollutants that may be even temporarily stored on site
should be stored in such a manner as to prevent their being washed into
watercourses in the event of high water, storm events, or spills. Should a
spill occur or pollutants be introduced to water of the State by any other
means , downstream users should be notified , as well as the Department of
Health at (303) 377-6326.
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7 . Runoff and erosion from disturbed areas should be controlled to the
maximum extent practicable. Disturbed areas should be revegetated as soon as
possible.
8 . Work should be carried out diligently and completed as soon as
possible.
In addition to conditions 1 thru 8 above and those listed in Appendix I, the
following condition will apply to nationwide permits (NWP)'s #12, 13 , 14 and
26 in Colorado:
9. For discharges to High Quality, Cold or Warm Water Class I Aquatic
Life, Class 1 Recreation, or Water Supply classified streams, any activity
authorized under these NWP's which would affect 100 or more linear feet of
streambank, bed, or adjacent wetland as defined in 33 CFR 323 .2c will require
prior review by the Corps of Engineers (COE) District Engineer (DE) and the
Colorado Department of Health (CDOH) . The permittee will notify the
appropriate COE DE at least ten (10) days in advance of the intent to initiate
a discharge in accordance with these NWPs. Proper notification will include
the name, address , and phone number of the permittee, the construction
schedule, and the location and description of the discharge. The description
will include the material type and quantity , construction techniques , and
dimensions of the project. The applicant may proceed with the project unless
advised by the Corps that an individual permit or water quality certification
will be required . The applicant will be furnished with confirmation of the
permit requirements within 10 days of receipt of initial notification. The DE
will furnish the Planning & Standards Section of the CDOH with the project
information by the most expeditious means appropriate . The CDOH will
determine if an individual water quality certification is required and so
inform the Corps and the applicant within ten (10) days. If required the CDOH
will process the certification and provide the DE and the applicant with the
pertinent requirements . The DE will condition or deny the permit in
accordance with 33 CFR 325.4(1) and 330.9.
In addition to conditions 1 thru 8 above and those listed in Appendix I, the
following condition will apply to the use NWP #17 in Colorado:
10. Prior to using this permit, the FERC applicant will have applied for
and received a 401 certification from the Colorado Department of Health.
Conditions of the certification will become mandatory conditions for use of
this permit in Colorado.
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In addition to conditions 1 thru 8 above and those listed in Appendix I, the
following condition will apply to the use of NWP #21 in Colorado:
11 . Prior to using this permit, the permittee will have requested, and
received, 401 certification from the Colorado Department of Health — Water
Quality Control Division.
In addition to conditions 1 thru 8 above and those listed in Appendix I, the
following condition will apply to the use of NWP #23 in Colorado:
12. Prior to using this permit, an agency will have requested, and
received, 401 certification from the Colorado Department of Health - Water
Quality Control Division, for each separate exclusion category.
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