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iiiiiiiiiiiiiiuiii 999 February 14, 2000 RECcIVED K® L. McBride JUN 2 5 2001 "^n°W~'°°d 2981 Buret Road Division of Minerals and Geology Colonido Springs, caando 80926 Mr. Van A. Tnlan Chief. Southern Colorado Regulatory Office Department of the Army Albuquerque District, Corp of Engineers 720 North Main Street, Suite 205 Pueblo, Colorado 81003-3045 Dear Mr. Tnlan: We would hlce to ask the COE to reconsider their decision to rescind the Clean Water Act violations in the case of Red Canyon Quarry access road. We are in receipt of your January 28, 20001etter to Mr. Stack and the RCLLC. We assume the letter referenced was actually written by Mr. Mangone, the general manager of RMA. We question several of the statements presented in this letter by Mr. Mangone and by what proof they have successfully azgued their case. In pazagraph three you were advised that there were two culverts that had been in place since 1985 and that they had been adequate until the flood of 1997. It is interesting to note that Mr. Mangone commented that it was nice that the road didn't wash out after the paving. Several neighbors have told us that this road has washed out several times throughout the yeazs. When Mr, Stack was considering reengineering the road he had told us that be wanted to put in a Texas Culvert because he had previous problems with the road washing out. Also in paragraph three the comment that the water flooded over the road in 1997 is partially true but leaves out that the road was completely washed out. As a result of this flood they installed another culvert. We mention that even with this extra culvert the stream backed up in the spring of 1998. In the spring of 1999 Mr. Stack proposed widening and straightening the road. We asked him if he had engineered the new road and would he please consider increasing the size of the culverts because they were obviously inadequate. In early March, RMA ditched the creek, raised the height of the road, and widened the road by 15 feet extending the existing culverts. RMA and Mr. Stack did not increase the carrying capacity of the culverts to handle the previous years flooding.