Proposed Regional Conditions to the Nationwide Permits
State of Colorado

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PROPOSED REGIONAL CONDITIONS FOR THE
STATE OF COLORADO
March 17, 2000
The following are proposed statewide regional conditions to the nationwide permits (NWPs) in Colorado. These proposed regional conditions, if issued, will supersede the existing regional conditions, which became effective April 17, 1998. For a copy of the existing regional conditions, please refer to the previous public notice dated August 3, 1998.

Proposed Critical Resource Waters within Colorado -- In accordance with Nationwide Permit General Condition 25 (Designated Critical Resource Waters), the Corps of Engineers is proposing to list Critical Resource Waters within the State Of Colorado. This list will be published on District home pages and it will be attached to nationwide permit summaries distributed to the public.

Regional Conditions Applicable to All Nationwide Permits Within Colorado

Removal of Temporary Fills. General Condition 24 (Removal of Temporary Fills) is amended by adding the following: When temporary fills are placed in wetlands in Colorado, a horizontal marker (i. e., fabric, certified weed- free straw, etc.) must be used to delineate the existing ground elevation of wetlands that will be temporarily filled during construction.

Important Spawning Areas: General Condition No. 20 (Spawning Areas) is amended by adding the following: In Colorado, activities which: (a) would destroy important spawning areas; (b) would be conducted in these waters during spawning seasons for trout and kokanee salmon (spawning season for rainbow and cutthroat trout is from March 15 through July 15, and for brown and brook trout and kokanee salmon is from September 15 through March 15); or (c) have greater than minimal release of sediments during these spawning seasons are not authorized by any nationwide permit. Bioengineering techniques, such as native riparian shrub plantings are required for all bank protection activities that exceed 50 linear feet in important spawning areas. Important spawning areas are identified in the attached list of proposed critical resource waters in Colorado.

Regional Conditions Applicable to Specific Nationwide Permits Within Colorado

Nationwide Permit 13 (Bank Stabilization) In Colorado, bank stabilization activities necessary for erosion prevention in streams that average less than 20 feet in width (measured between the ordinary high water marks) are limited to the placement of no more than ¼ cubic yard of material per running foot below the plane of the ordinary high water mark. Activities greater than ¼ cubic yard per running foot may be authorized if the permittee notifies the District Engineer in accordance with the General Condition 13 (Notification) and the Corps determines the adverse environmental effects are minimal.

Regional Conditions or Revocations Specific to Certain Geographic Areas

Fens: In Colorado, nationwide permits No. 1, 2, 4, 6- 11, 13- 19, 21- 26, 28-31, 33- 36, 39- 44 are revoked for activities in these regionally important aquatic resources. Fens are defined as wetlands which are characterized by water logged spongy ground and contain (in all or in part) soils classified as histosols* or mineral soils with a histic epipedon*. To determine whether this provision applies, the entire wetland must be examined for the presence of histosols or histic epipedons.

*Histosols have 40 centimeters (16 inches) or more of the upper 80 centimeters (32 inches) as organic soil material (or less over bedrock).  Organic soil material has an organic carbon content (by weight) of 12 to 18 percent, or more, depending on the clay content of the soil. Histic epipedons have a 20 to 60 centimeter- thick (8- 24 inches) organic soil horizon that is at or near the surface of a mineral soil. Histosols and histic epipedons are widely recognized as organic soils formed by slow accumulation of plant debris in waterlogged situations where it cannot decompose. (More information on histosols can be obtained from the U. S.  Department of Agriculture, Natural Resources Conservation Service publications on Keys to Soil Taxonomy and Field Indicators of Hydric Soils in the United States).

Springs: In Colorado, all nationwide permits are revoked within 100 feet of the water source of natural springs. A spring source is defined as any location where ground water emanates from a point in the ground. For purposes of this regional condition, springs do not include seeps or other discharges, which do not have a defined channel.

Town of Mountain Village and Vicinity: Existing modifications and regional conditions of NWPs 3, 12, 14, 18, 29, and 32 within the Town of Mountain Village, Colorado, and vicinity remain in effect. The full text of these modifications and regional conditions are in Sacramento District’s public notice number 1997- 75787, dated April 1, 1998.

Sombrero Marsh. Existing revocations of all nationwide permits for the Sombrero Marsh in Boulder County, Colorado, published by Omaha District, Corps of Engineers, remains in effect. This determination includes all new or revised nationwide permits.

Central City and Black Hawk: By this notice the Omaha District, Corps of Engineers is proposing to remove the revocation of all nationwide permits within the 11- square mile Central City and Black Hawk area. If approved this action would again authorize the use of any nationwide permit within the designated area.

Proposed Critical Resource Waters in Colorado

In accordance with General Condition 25 (Designated Critical Resource Waters) the following waters within the State of Colorado are designated as critical resource waters:

a. Outstanding Natural Resource Waters.
Cache La Poudre Basin: All tributaries to the Cache La Poudre River system. Including all lakes and reservoirs, which are within Rocky Mountain National Park;
Laramie River: All tributaries to the Laramie River system. Including all lakes and reservoirs, which are in the Rawah Wilderness Area;
North Fork of the Gunnison River: All tributaries to the North Fork of the Gunnison River system. Including all lakes and reservoirs, which are in the West Elk and Raggeds Wilderness Areas;
North Platte River: All tributaries to the North Platte River and Encampment Rivers. Including lakes and reservoirs, which are in the Mount Zirkle Wilderness Area;
San Miguel River: All streams, lakes, reservoirs, and wetlands within the boundaries of the Lizard Head and Mount Sneffels Wilderness Areas;
Roaring Fork River: All tributaries to the Raring Fork River system.  Including all lakes and reservoirs, within the Maroon Bells/ Snowmass Wilderness Area;
Uncompahgre River: All tributaries to the Uncompahgre River. Including all wetlands, lakes, and reservoirs, which are within the Mt. Sneffels and Big Blue Wilderness Areas;
Upper Arkansas River Basin: All streams, wetlands, lakes, and reservoirs within the Mount Massive and Collegiate Peaks Wilderness Area;
Upper Colorado River: Mainstem of the Colorado River. Including all tributaries, lakes, reservoirs with the Rocky Mountain National Park, or which flow into Rocky Mountain National Park;
Upper Gunnison River Basin: All tributaries, including lakes, reservoirs, and wetlands within the La Garita Wilderness Area. All tributaries to the Gunnison River, including lakes, reservoirs, and wetlands within the West Elk, Collegiate Peaks, Maroon Bells, Raggeds, Fossil Ridge, Oh- be- Joyful,
and Big Blue Wilderness Areas:
White River: Trapper’s Lake. Including all tributaries to Trapper’s Lake;
Yampa River: All tributaries to the Yampa River. Including lakes and reservoirs, which are within the Zirkle Wilderness Area

b. Important Spawning Areas In Colorado, important spawning waters are defined as "Wild Trout Waters" as identified by the State of Colorado. Wild Trout Waters are listed in the Colorado Fishing Season Information brochure, or a list can be obtained from any Corps office in Colorado. Wild Trout Waters Include parts of the: Cache La Poudre, Cascade Creek, Cochetopa Creek, Conejos River, East River, Emerald Lake, Gunnison River, Lake Fork of the Conejos, Laramie River, Los Pinos Creek, Middle Fork of the South Platte River, North Platte River, North St. Vrain Creek, Osier Creek, Roaring Fork River, South Platte River, Tarryall Creek, and Trappers Lake.

For the most current information concerning 404 permits, check the U.S. Army Corps of Engineers Tri-lakes office website: http://www.cenwo.nwo.usace.army.mil/html/od-tl/tri-lakes.html