Citizens have asked a number of questions related to State permitting and site development concerns. These items are not addressed as part of a boundary line adjustment but are considered with future site development.
- Has a formal Jurisdictional Determination (JD) been issued by the U.S. Army Corps of Engineers confirming the status of the R4SBC feature?
Projects submitted to the County that may have impacts to other agencies/jurisdictions, such as the U.S. Army Corps of Engineers, are sent to the agency for comments on the submitted project. It is the developer’s responsibility to comply with federal and state laws, regulations, ordinances, review and permit requirements, and other agency requirements, if any are applicable.
- If the feature (R4SBC )constitutes waters of the United States, has Clean Water Act Section 404 authorization been obtained for any discharge of dredged or fill material?
Current submitted projects EXBL261(boundary line adjustment) and CDR261 (stockpile construction drawings) do not propose any discharge of dredged or fill material.
- Has Section 401 Water Quality Certification been issued by the Colorado Department of Public Health and Environment?
Current submitted projects EXBL261(boundary line adjustment) and CDR261 (stockpile construction drawings) do not propose any discharge of dredged or fill material. Any proposed land disturbance shall comply with El Paso County MS4 regulations as well as any applicable federal and state regulations.
- Has coverage been obtained under Colorado Regulation 87 (CDPS Construction Stormwater Permit), including an approved Stormwater Management Plan (SWMP), for land disturbance exceeding one acre?
In regard to Colorado Regulation 87, Dredge and Fill Program, there is no proposed discharge of dredge and fill material within the proposed project CDR261(stockpile construction drawings). Any proposed land disturbance on any site that exceeds 1 acre will be required to show proof of Colorado Department of Public Health & Environment (CDPHE) stormwater discharge permit (COR400000) and will be required to obtain an Erosion and Stormwater Quality Control Permit (ESQCP) from El Paso County. Property owners are allowed to perform land disturbance within their land without an ESQCP provided that less than 1 acre or less than 500 cubic yards is disturbed.
- Have wetland and stream boundaries been formally delineated and flagged in the field prior to grading activity, and what buffer protections are currently being enforced?
Proposed land disturbance projects are required to provide the appropriate stormwater control measures for the disturbance proposed. As it pertains to the current CDR261 project, the submitted grading and erosion control plan identifies control measures around the proposed land disturbance and does not propose to disturb nor encroach into riverine R4SBC. Additionally, there are no wetlands identified onsite.
- Have any floodplain development or drainage alteration approvals been issued by the County for work affecting this riverine feature?
There are no floodplains on site for projects EXBL261(boundary line adjustment) and CDR261 (stockpile construction drawings). There is no proposed alteration to the riverine feature within those applications.