Code of Colorado Regulations
400 - Department of Natural Resources
406 - Colorado Parks and Wildlife (406 Series, Wildlife)
2 CCR 406-16 - CHAPTER W-16 - PARKS AND WILDLIFE PROCEDURAL RULES
Article II - IMPLEMENTATION OF HB1158
Section 1604 - PROCEDURES FOR ARRIVING AT AN OFFICIAL STATE POSITION ON MITIGATION
Universal Citation: 400 CO Code Regs 1604
Current through Register Vol. 47, No. 17, September 10, 2024
A. Requirement of Applicants
1. An applicant
proposing to construct a water project requiring an application for a federal
permit, license, or other approval as described in #1602 shall advise the
Division and the Board, in writing, within five working days of submission of
an application for federal permit, license or other approval, and provide each
agency with a copy of the application and all materials cited in, referenced
in, or submitted with the application.
2. When the applicant has prepared a wildlife
mitigation plan which is ready for Commission evaluation, the applicant shall
give notice to the Commission by submitting 15 copies of the plan to the
Division, five of which are to be submitted to the appropriate Division
Regional office and ten to the Denver headquarters office; and 15 copies to the
Board. The following information shall be prepared within the time sequence and
framework of established federal environmental impact review requirements. The
mitigation plan shall include:
a. A
description of the project.
b. An
estimate of construction costs.
c.
An assessment of the fish and wildlife resources impacted by the project,
measures to mitigate the losses to fish and wildlife resources, a time
schedule, and the costs and benefits of the plan.
1) A wildlife impact assessment identifies,
predicts the direction and magnitude of, and evaluates and communicates the
significance of a project as it affects wildlife. The assessment is dependent
upon baseline data that provides an overview of the wildlife resources and
related conditions as they currently exist in the area. It also provides a
basis for analyzing and determining the extent and scope of project impacts, or
its alternatives, to wildlife. The assessment is an integral part of the
environmental impact assessment process and is not intended to be separate from
or beyond the scope of that process.
2) Decisions regarding such things as study
design, period of study, and responsibility for data collection and costs
should be approached on a case by case basis and agreed to through interagency
review at the initiation of the environmental assessment process.
3) The wildlife impact assessment and
recommendations for mitigating losses will be based upon a systematic
evaluation of fish and wildlife resources and habitats using the best available
scientific information and professional judgment. The plan will contain an
estimated cost and assignment of development, operation and maintenance of the
mitigation measures and a monitoring plan.
4) Where possible, impacts to wildlife and
habitat will be separated into the following categories: direct and indirect;
on-site and off-site; public lands and private lands; and cumulative impacts.
In the disclosure of predicted impacts, each category may have separate
mitigation measures associated with it, which when assembled make up a
mitigation plan.
5) Normally,
mitigation should occur concurrently with or prior to project development, be
proportional to impacts, and last for the entire period in which impacts to
wildlife resources persist as federal, state and local laws and regulations
provide.
B. Commission Action
1. Upon receipt of all the information
required in #1604.A.2. the Division will respond, within ten working days, to
the applicant with a written acknowledgment that the necessary documents have
been received. The date of receipt by the Division is the official date of
notice to the Division and the 60 calendar day review period will be initiated
culminating in a Commission recommendation for a State position.
2. Within 60 calendar days after an applicant
gives notice by submitting a mitigation plan to the Division, unless extended
in writing by the applicant, the Commission will make its evaluation of the
project's impact on fish and wildlife resources and submit its recommendation
to the Board.
3. The Commission
will make its evaluation regarding the probable impact of the proposed project
on fish and wildlife resources and their habitat based on the information
submitted pursuant to #1604.A.2. The Commission may consider the following
criteria in making their recommendation that the mitigation plan is
economically reasonable and reflects a balance between protecting the fish and
wildlife resources and the need to develop the state's water resources:
a. The value and significance of the affected
wildlife resource.
b. The potential
impacts of the project and its alternatives to wildlife.
c. The availability of best existing
technology to implement and monitor the success of the mitigation
plan.
d. The degree to which the
identified impacts are mitigated and the permanence of desired effects of the
mitigation measures.
e. The cost of
the planned mitigation in comparison to the benefits to the affected wildlife
resource.
f. The net benefits of
the project and its mitigation plan to the state's wildlife
resources.
g. The consistency of
wildlife mitigation with other environmental and conservation goals.
h. The legal ramifications of state water law
on implementing the proposed mitigation measures.
4. If the Commission and the applicant agree
upon a mitigation plan, the Commission shall recommend that the Board adopt the
plan at its next meeting as the official state position on the mitigation
action required of the applicant.
5. When the Commission and the applicant do
not agree upon a mitigation plan, the Commission shall transmit to the Board 15
copies of its report which shall include (1) its evaluation of the project's
impact on fish and wildlife, (2) its mitigation recommendations, including an
estimate of the costs and benefits of its plan, and (3) its analysis of the
applicant's mitigation plan. Documentation will include the significance of the
fish and wildlife resources impacted by the project and a comparison of the
impacts to the fish and wildlife resources resulting from both plans.
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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