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[~E~fVER OFFICE R~ivecB DEPARTMENT OFTHE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 REPlYTO ATTENTION OF July 9, 2002 r~~1lPB. .i .i L UU< Durango Field Otlice OMeion of Minerals b Geology Regulatory Branch (199975336) °a~~~~~~Ery J7uj-(3~„~de~ Ptf'~ JUL 1 ~ 2001 Per, I I n1~~, /u-199y - l!3 / General C'-0~respon c~enCR-~ PathfinderSDevelopment Incorporated / DlvisianofMine,$!$and0~~lo8r Post Office Box 797 Telluride, Colorado 81435 llear 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 Ames 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 under this authority provided the work meets the conditions listed on the enclosed information sheets, and provided you submit a wetland mitigation and monitoring plan to offset approximately 0.12 acre of wetland impact. As discussed by telephone, I will contact you to arrange a site visit on a future trip to Telluride. to further review the wetlands to be impacted and your ideas for mitigation. 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 wetland and waterway control regulations which are more restrictive than the Section 404 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 additional county restrictions include a more inclusive definition of wetlands, and setback distances from wetlands. The Department of the Army permit (404 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 Corps of Engineers to obtain information on any changes which may have occurred to the nationwide permits. You are responsible for remaining informed of such changes.