On May 20, 2010, the Army Corps of Engineers gave its approval on the SDS application for a 404 permit, required under the federal Clean Water Act. A wetlands mitigation plan, required by the permit, is currently being developed.

U.S. Army Corps of Engineers 404 permit for SDS

The 404 permit application automatically triggers a water-quality review by the Colorado Department of Public Health and Environment (CDPHE). On April 23, 2010, CDPHE issued its water quality certification for SDS.

Section 401 Water Quality Certification for SDS