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~, <br />aeairro <br />ALTENApN OF ~i <br />Regulatory Branch <br />DEPARTMENT OFTHE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />CORPS OF ENGINEERS <br />1325) STREET <br />SACRAMENTO, CALIFORNIA 95874-2922 <br />February 19, 2003 <br />(200375058) <br />Mr. Nick Gray <br />584 65.30 Road ~ <br />Montrose, Colorado 81401 <br />Dear Mr. Gray: <br />~ ~~s~ <br />~o~8s <br />we are responding to your request for a Department of the <br />Army permit to discharge material into two drainages in <br />conjunction with construction of an access road to your property <br />at Kinikin Heights Road to mine gravel in an upland area. The <br />project is located at an unnamed drainage and its tributary <br />within Section 3,6, Township 49 North, Range 8 West, Montrose <br />County, Colorado. <br />The purpose of your project is to access your property to <br />mine gravel. The proposed access road will be constructed to <br />enable loaded gravel trucks and other equipment to access the <br />site. You currently have an existing access road which would not <br />require placement of fill into waters of the U.S.; however, that <br />access has been„ and currently is, in litigation with your <br />neighbor. The courts have not yet determined if the existing <br />access is within the boundaries of your property. Even after a <br />court decision, pit is likely that the decision will be appealed, <br />and the use of the entrance will not be available for the <br />foreseeable future, per letter to the Corps by your attorney, <br />dated January 31., 2003. Therefore, this access is not a <br />practicable alternative to your proposed project`s <br />A portion o'f your access road will be built upon an old <br />stagecoach route,. The State Historic Preservation Office (SHPO) <br />has been contacted, and there are no historical or cultural sites <br />registered in the immediate vicinity of your project. However, <br />such sites have been registered iri nearby areas, and if you <br />encounter any historic or cultural artifacts during your project <br />you must cease work in that area, and contact the State Historic <br />Preservation Office immediately at (303) 866-4674. <br />The crossing of the main channel will require widening of <br />the existing road (stagecoach road} embankment to accommodate <br />truck traffic in,a safe manner. The embankment will encroach <br />into approximately 600 square feet of sedge wetland, and an <br />additional .04 acre of channel (waters of the U.S.) will be <br />filled in conjunction with culvert placement at two locations. <br />'The wetland area~to be affected consists of sedges growing on top <br />of a historically silted-in area likely caused by constriction of <br />