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DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OFENGINEERS 1326) STREET REPLY TO SACRAMENTO, CALIFORNIA 95814-2922 ATTENTION OF July 9, 2002 Regulatory Branch (199975336) Mr. Scott Smith Pathfinder Development Incorporated Post Office Box 797 Telluride, Colorado 81435 Dear Mr. Smith: I am responding to your request for renewal of Department of the Army permit number 199975336. This permit, originally issued to Public Service Company, authorizes construction of a haul road to protect the Arnes Hydro Penstock. The project is located near Ophir at wetlands within the SE 1/4 of Section 32, Township 42 North, Range 9 West, San Miguel County, Colorado. The Chief of Engineers has issued nationwide general permit number 14 which authorizes the discharge of dredged or fill material in waters of the United States for road crossings. We have determined that your project will not affect threatened or endangered species protected by the Endangered Species Act. Your project can be Constructed +inder this authority provided the work meets the conditions listed on the enclosed informati on sheets, and provided you submit a wetland mitigation and monitoring plan t o offset approximately 0.12 acre of wetland impact. As discussed by to lephone, I will contact you to arrange a site visit on a future trip to Tellur i de to further review the wetlands to be impacted and your ideas for mitigati on. You must send a signed letter of certification to the Corps of Engineers within 30 days after completion of the work (see general condition number 14) A copy of the certification statement is included for your use. Please be aware that San Miguel County has enacted wetla nd and waterway control regulations which are more restrictive than the Section 904 Clean Water Act regulations. It is your responsibility to contact the San Miguel County Planning Department (970-728-3083) to determine if your proposed project is subject to the additional restrictions. Some addit Tonal county restrictions include a more inclusive definition of wetlands, and setback distances from wetlands. The Department of the Army permit 14 04 permit) requires you to comply with all local, county, and state laws and regulations. This verification is valid until July 9, 2004. If you have not completed your project by that time, you should contact the Co rps of Engineers to obtain information on any changes which may have occurred C o the nationwide permits. You are responsible for remaining informed of such changes.