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~~< <br /> ~~tD~!(_V~l~ ~t,T- Ivi.~zoct-OS 9- <br /> <br />• <br />I ~~ .,e <br />United States <br />, <br />Forest <br />USDA Ouray 2505 South Townsend ~i%~1n <br />Department of Service Ranger Montrose, CO 81401 <br />Agriculture District Voice: 970-240-5300 <br /> TDD: 970-240-5366 <br /> File Code: 2700-1 <br /> Date: April 16, 2007 <br />Mr. Lynn Olin <br />`Bridal Veil Construction, LLC /V~ ~ .~~ l- CERTIFIED MAIL -RETURN <br />x'r <br />P.O. Box 1821 l RECEIPT REQUESTED <br />Ouray, CO 81427 '(p O~E2Z b~tlR NUMBER: 70051160 0005 2618 2336 <br />Dear Mr. Olin: <br />This letter is in response to your March 13, 2007, addressed to Jim Dunn, of our Supervisor's <br />office in Delta, Colorado. This is your second letter pertaining to the Bridal Veil Creek flood <br />plain/runoff situation that is present in and around the Ouray town limits. <br />Your letter implies that the United States is required by the City of Ouray Codes to comply with <br />these ordinances. Case law has determined that local jurisdictions are prohibited from enforcing <br />local land use controls on National Forest System (NFS) lands. The Forest Service is not <br />subservient to the State, County, or City codes. While we are a neighbor, our responsibilities lie <br />within the NFS lands and not on private lands. <br />Let me assure you that your concerns have been heard, both in the Supervisor's and this office. <br />The existing problems that you are experiencing have been identified and known by the City for <br />many years. There have been several publications addressing these issues. One publication, <br />Uncompahgre River, Ouray to Dallas Creek, Ouray County Colorado, in 1978, another, Debris - <br />Flow in the Immediate Vicinity of Ouray, Colorado, in 1986, and finally, Colorado Landslide <br />Hazard Mitigation Plan, in 1988, address some of your concerns with great detail, and are specific <br />to Bridal Veil Creek and the surrounding area of Ouray. These drainages and debris fans are <br />acknowledged as geologic hazard areas. The impacts associated with periodic debris flows, to <br />private lands located on the alluvial fans below the National Forest are a result of the local <br />geologic and topographic conditions; along with climatic factors common in the San Juan <br />Mountains and is not related to our management of those flood source areas. These publications <br />have been identified by the Forest Service and the City in the past. This office will make a <br />concerted effort to contact the City of Ouray planning department and see if some solution can be <br />reached to reduce the potential impacts to any and all flow hazard creeks in and around the <br />_ community where we have a common boundary ____. _ _ _ _____ __ ___ , _ __ <br />Additionally, I want to take this opportunity to remind you that you do not have the right or <br />authorization to construct, place, or maintain any kind of road, trail, structure, or other <br />improvement on NFS lands. This includes constructing, manipulating, or diverting any material in <br />or around the stream channel on or near Bridal Veil Creek or any other NFS lands. Any such <br />activity will bring additional law enforcement action. <br />If this letter does not address your concerns or you have additional questions, please feel free to <br />contact me or Laurie Kelso at this office. Our phone number is located on the letterhead. <br />Sincerely, <br />RECEIVED <br />,l Via <br />APR ~ 92p01 . <br />~~yV ; ars0 Fit/ <br />M!q/~@Reca~fri~ <br />nq Safe tipn~ <br />~ sw ~~ <br />Pnntetl on Recytletl Paper <br />~~ -~M~ APR 2 3 `L001 . <br />Division of Reclamation, <br />TAMERA RANDALL-PARKER Mining and Safety <br />District Ranger <br />!!!S <br />Caring for the Land and Serving People <br />