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REV~v To <br />ATTfHf10N OF: <br />Operations Division <br />Regulatory Branch <br />III IIIIIIIIIIIIIIII <br />sss <br />~~~~~~~~ <br />APR 1 g 2000 <br />Division of Minerals i£ Geology <br />Mr. Robert C. Stack <br />Red Canyon Limited Liability Company <br />3131 Barrett Road <br />Colorado Springs, CO 80926 <br />Dear Mr. Stack: <br />This is in reference to your November 11, 1999 and January <br />29, 2000, letters regarding your proposed bank stabilization and <br />restoration project in Red Creek near Penrose, Teller County, <br />Colorado. We have assigned Action No. 1999 00354 to this <br />activity. <br />~-~ The Corps of Engineers has published Nationwide Permits <br />pursuant to Section 404 of the Clean Water Act (33 CFR 330). <br />Nationwide Permit No. 13 authorizes discharges of dredged or fill <br />materials as bank stabilization into waters of the United States. <br />A summary of Nationwide Permit No. 13 is enclosed for your <br />information. <br />After reviewing the <br />Permit pre-construction <br />Condition No. 13), Z ha <br />not result in more than <br />environmental effects. <br />by allowing the work to <br />February 14, 2000 <br />project in accordance with the Nationwide <br />notification procedures (General <br />re determined that the proposed work will <br />minimal individual or cumulative adverse <br />The public interest would best be served <br />proceed under the nationwide permit <br />You are therefore authorized to proceed under authority of <br />the nationwide permit for bank stabilization. The permittee must <br />insure compliance with all conditions ,~f the permit, including <br />submittal of the enclosed Compliance Certification required by <br />General Condition No. 14. <br />General Condition No. 11 requires that no activity is <br />authorized under any Nationwide Permit which is likely to <br />jeopardize the continued existence of a listed or proposed <br />threatened or endangered species, as identified under the Federal <br />Endangered Species Act, or which is likely to destroy or , <br />adversely modify the critical habitat of such species. We have <br />• EPARTMENT OF THE ARMY • <br />AlB000ER0UE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFlCE <br />720 NORTH MAIN STREET, SURE 205 <br />PUEBLO, COLORADO 81003.9046 <br />FAX (718) 543.9475 <br />