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iii iiiiiiiiiiiii iii ~ <br />DEPARTMENT OF THE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />CORPS OF ENGINEERS <br />1325 J STREET <br />REVLY TO SACRAM'c NTO, CALIFORNIA 95814-2922 <br />ATTENTION OF <br />April 8, 1993 <br />Regulatory Section (199275153) <br />Mr. Gary Bennett <br />Telluride Gravel <br />Post Office Box 445 <br />Telluride, Colorado 81435 <br />Dear Mr. Bennett: <br />RECEIVED <br />APR 12 1993 <br />Division of mure~ars a, uturoyy <br />I am writing to you about the work witnessed last week <br />during a compliance inspection by Susan Nall of this office. As <br />directed by our previous letter dated December 30, 1992, the <br />culvert and fill crossing constructed in the San Miguel River <br />upstream of the Ilium Valley Road bridge must be removed. A <br />compliance inspection conducted on March 29, 1993 confirmed the <br />removal, however, a rechannelization of the San Miguel River was <br />observed. <br />Rechannelization of rivers without authorization is <br />considered a serious violation of the Clean Water Act. Impacts <br />from such work range from hydrologic flow alterations to loss of <br />aquatic life. Ms. Nall spoke with Mr. Gary Whitfield, estimator <br />with Telluride Gravel, about the severity of this action. He <br />stated that the channel reroute has been in place since early <br />March and the intent is temporary in order to excavate alluvial <br />deposits for processing. <br />Upon delivery of a violation notice and discussion of the <br />best appropriate action to take, Mr. Whitfield stated he would <br />cease operations in this area immediately and return the river <br />flow back to its original channel (see enclosed oeriai photoccpy <br />taken November 1989). We then suggested that any further work <br />proposed within this reach of the San Miguel River be included in <br />Telluride Gravel's after-the-fact permit application (required by <br />Corps letter dated March 29, 1993). <br />We believe this course of action is the most appropriate at <br />this time. Again, I feel it necessary to reiterate our <br />jurisdiction and stress the significance of your action. Anyone <br />engaged in any construction activity in a waterway of the United <br />States or wetlands involving a discharge of dredged material or <br />fill material must secure a Department of the Army permit before <br />the work is initiated: Failure to do so may be subject to fines <br />of up to $50,000.00 per day of activity. <br /> <br />