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t _ _ __ ' III III IIIIIIIIIIIII United States Forest 999 ..~i.~ud 1760 E. Grand . Department of Service Ranger P. 0. Box 388 Agriculture District Norwood, CO 81423 (303).327-4261 Reply to: 5510 Date: August 25, 1993 Colonel John N. Reese, District Engineer `` U.S. Army Corp of Engineers ~ G ~~ ~~ Sacramento, California 95814-2922 C~ Dear Colonel Reese: I appreciate the extension of time for comment on the Section 404 permit application from Telluride Gravel, Inc. In regards to the permit application I have the following comments: The gravel operation currently operated by Telluride Gravel, Inc. has had several owners since it began operations in the early 1970's. Over the past several years, this gravel operation has encroached onto about 7 acres of adjacent National Forest land and removed approximately 118,000 cubic yards of material. This encroachment is an unauthorized use of National Forest. In addition, the operation has created off site impacts such as head cutting, stream bank instability and changes in riparian vegetation on National Forest land upstream along the San Miguel River. Telluride Gravel has just recently asked for a special use permit from the Forest Service to stock pile gravel materials and park machinery on the area which has been encroached upon. It is our understanding this same area is included within the area applied for in the 401 and 404 permit application. We are currently in the process of determining what legal recourse we may have in this matter, what restoration measures need to be taken to mitigate impacts caused by the operation, and whether a special use permit will be considered. The potential resolution of the trepass could eventually affect environmental mitigation and special use permit authorization, so, our immediate priority is to resolve the trespass situation first. The Forest Service recognizes the importance of maintaining a viable gravel operation in the Telluride area to meet community needs. However, we believe any -- operation should be environmentally acceptable. Telluride Gravel's proposal is unacceptable because the operation, as planned, will result in the continuation of adverse effects on the San Miguel River and adjacent National Forest. Our recommendation is not to issue a Section 404 permit which allows dredging or removal of material from the river until the trespass situation is resolved and an acceptable plan to mitigate and restore environmental damages has been developed and agreed to by Telluride Gravel and all other regulatory agencies. This plan could be developed cooperatively by all agencies involved and address restoration of existing problems as well as mitigation of future impacts caused by any further operation. We believe the potential exists