C153787 Articles of Incorporation

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..:e~~. ...... - . REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY u.s. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 April 15, 1997 RECEIVED APR 2 1 1997 Colorado Water Conservation Board Regulatory Branch (199775119) Mr. John R. Fetcher, Secretary Upper Yampa Water Conservancy District Steamboat Springs, Colorado 80488-0339 Dear Mr. Fetcher: _I am responding to your -letter dated April 1~ 1997 . concerning the construction of a new irrigation diversion facility on Elkhead Creek northeast of Craig, Colorado. The new facility would replace another irrigation facility on the creek which has been rendered useless due to a channel change. The property is in Section 28, Township 7 North, Range 89 West, Routt County, Colorado. The proposed work is known as the Smith Ditch Project (the project) . . As alluded to in your letter, the discharge of dredged and fill material associated with constructing or maintaining irrigation ditches is generally exempt from regulation under Section 404 of the Clean Water Act and therefore, does not require authorization from the Corps of Engineers. This exemption includes discharges for facilities which are "appurtenant and functionally related to irrigation ditches." Examples include siphons, pumps, headgates, wingwalls, weirs, and diversion structures. However, the Corps can require a permit for such discharges under the "recapture clause" found in the law and our regulation. Any discharge of dredged or fill material in waters of the United States, such as Elkhead Creek, incidental to an "exempted" activity must have a permit if it is part of an activity whose purpose is to convert an area of waters to a new use, and where the flow or circulation of waters may be impaired or the reach of such waters may be reduced. If a discharge will result in significant discernible alterations to flow or circulation, we presume that flow or circulation may be impaired. Specifically regarding the Smith Ditch project, I do not have sufficient information to confirm that your proposed work is exempt from our regulation. A new 70-foot wide diversion dam on Elkhead Creek gives me pause because of possible "significant discernible alterations to flow or circulation" on the creek.