HomeMy WebLinkAboutHARMONY 23 - Filed GC-GENERAL CORRESPONDENCE -F 74T OF
e' DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS,OMAHA DISTRICT
DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD
LITTLETON,COLORADO 80128-6901
November 21, 2016
SUBJECT: Action No.NWO-2016-02331-DEN, Box Elder Ditch Company-Arthur Lateral
Edwin McDowell
The Box.Elder Ditch Company
730 Ash Mesa Road
Delta,Colorado 81416
Dear Mr. McDowell:
Reference is made to the above-mentioned proposed project located at the approximate latitude
of 40.521783 and longitude of-105.002589,in Larimer County,Colorado. The work as described
in your submittal consists of concrete lining sections of,and realigning an approximate 1,900 foot
section of the Authur Lateral to the southwest of the intersection of I3armony Road and.Strauss
Cabin Road.
This project has been reviewed in accordance with Section 404 of the Clean Water Act under
which the U.S.Army Corps of Engineers regulates the discharge of dredge and fill material and
certain excavation activities in waters of the United States. Waters of the U.S.includes ephemeral,
intermittent and perennial streams,their surface connected wetlands and adjacent wetlands and
certain lakes,ponds,drainage ditches and irrigation ditches that have a nexus to interstate
commerce.
This letter is to inform you that the proposed work to the Aurther Lateral,as depicted and
described in the November 10,2016 submittal,is the type of activity that is included in the Section.
404(f)exemption found at 33 C.F.R.Part 323.4(a)(3)Construction or maintenance of farm or stock
ponds or irrigation ditches,or the maintenance(but not construction)of drainage ditches.
Discharges associated with siphons,pumps,headgates,wingwalls,weirs,diversion structures,and
such other facilities as are appurtenant and functionally related to irrigation ditches are included in
this exemption. Based on the information provided,a.Department of the Army permit will not be
required for this activity.
Although a Department of the Army permit will not be required for thcsetactivities,this does not
eliminate the requirements that other applicable federal,state,tribal,and local permits are obtained
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if needed. if there are any questions,please feel free to contact Brooke Davis(303)979-4120 or by
e-mail at Brooke.A.Davis@usace.army.mil, and reference Corps File No.NWO-2O16-02331-DEN.
S. rely,
t
Kiel Downing
Chief,Denver Regulatory Office
CF:(via email) Sarah Fowler,USEPA