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• <br /> upstream from the historic location. Please identify affects that your proposed <br /> work may have on the new gaging station and describe measures that the town <br /> will implement to ensure that this mistake does not happen again. <br /> After a review of the information you submitted to this office on June 27, 2005, along <br /> with several site visits by this office, and the informational comment letters from the public, <br /> this office has determined that the construction completed in the Spring of 2005 has greater <br /> than minimal adverse impacts to the aquatic environment and does not meet the requirements <br /> of Section 404 (b)(1) guidelines. You are therefore required to remove the structures,.which <br /> include the bank stabilization work, modified deflectors and the "U" structures, and restore <br /> the site to its preconstruction contours as described in your 199375014 permit, or modify the <br /> project so that it meets our program requirements. By September 26, 2005, you shall submit <br /> to this office: <br /> 1) a restoration plan to be approved by the Corps Durango Office, or; <br /> 2) modified construction plans with appropriate supporting information as described in <br /> items (a)-(g) above. The modified structure should provide ecological benefits for the <br /> river and restore the flood stage to its preconstruction elevation. This office will not <br /> approve your modified plans without proper scientific documentation relating to the <br /> project design and location and its expected impacts to the aquatic environment. <br /> Furthermore, in accordance with the 40 CFR Part 230 Section 404 (b)(1) guidelines, <br /> no discharge of dredged or fill material shall be permitted if there is a practicable alternative <br /> to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so <br /> long as the alternative does not have other significant adverse environmental consequences. <br /> An alternative is practicable if it is available and capable of being done after taking into <br /> consideration cost, existing technology, and logistics in light of overall project purposes. <br /> After a review of your June 8, 2005 and June 26, 2005 letter regarding your project purpose, <br /> design, and alternatives, we still do not believe that the proposed project is the least <br /> environmentally damaging practicable alternative. Please review your project proposal along <br /> with alternative designs and locations, and submit to this office a detailed description and <br /> modified plans showing the changes you made to your initial proposal to meet Section <br /> 404(b)(1) guideline requirements. If you believe that your project is the least damaging <br /> practicable alternative, supply this office with a detailed description including scientific, <br /> economic, or other supporting data. This office cannot process your permit until we receive <br /> this information. The Corps is not adverse to restoring and improving the San Juan River <br /> within the Town of Pagosa Springs, however, we cannot complete our review of your project <br /> under Section 404(b)(1) guidelines of the Clean Water Act, until you supply us with the <br /> above information. <br /> You should supply us with a response addressing the public's concerns, and our <br /> requested items by September 26, 2005. We encourage you to use this opportunity to <br />