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HomeMy WebLinkAboutSite Map and USACE conditions.pdf[If Catalog } 131 Search 263237.893 4380028.505 Meters T: \Code Enforcement \Complaints -Site Visits \2013 \Rosette Paul 300 CR 210 \Aerial Rosette parcel.docx Gale Carmoney From: Gilfillan, Mark A SPK [ Mark .A.Giffillan @usace.army.mil] Sent: Friday, June 07, 2013 9:11 AM To: plrosette @comcast.net; Gale Carmoney Cc: hugoruelas @comcast.net Subject: Rosette Property -300 CR 210, Rifle Colorado (UNCLASSIFIED) Attachments: Paul_Rosette_Rifle.jpg Classification: UNCLASSIFIED Caveats: NONE Mr. Rosette, Gale Carmoney, Garfield County Code Enforcement Officer and I met on your property on Wednesday, June 4 with your tenant Hugo Ruelas. I have identified fill material encroaching into wetlands at the south end of your property, nearing the Grand River Ditch (see attached map). Your tenant has indicated he is willing to remove the material in question and work out a solution with you. As the property owner, you are responsible for this fill violation. I am providing this opportunity to voluntary remove the material and coordinate a simple restoration plan back to me and Mr. Carmoney. The recent actions of placing the fill material into wetlands at the south end of your property constitutes a potential violation of the Clean Water Act. There are two options for your consideration before we proceed; 1) You may voluntarily remove the fill material depicted south of the red line in the attached photograph, down to the original soil layer via a simple restoration plan or, 2) You would likely be required to remove most all of the fill material placed between the ditches, if investigations identify more wetland areas impacted. If you do not choose Option 1 and I proceed with a violation investigation followed by a cease and desist letter. (Option 3 could involve the US EPA, but let's not go there yet). However, Option 2 represents a more exhaustive and untimely effort for me to conduct a site visit and evaluate the actual extent of which this fill material was placed in waters of the U.S., including wetland areas. If you should consider and choose Option 1, the restoration plan would be simple and would include the following; A proposed written solution sent to my attention and Garfield County as soon as possible: 1) Write down the approximate amount of sediment (area or cubic yard) placed on the ground between the mature tree line (approximately indicated on the map by the red line), 2) Estimate the time to remove this material, stabilize /erosion protect the edge of the fill, and haul material to upland area or off -site. Some of this material is construction debris (concrete, bricks, etc.) and must be coordinated with Garfield County for correct disposal, 3) Dedicate to follow -up with post - construction voluntary restoration photographs, demonstrating the fill material has been pulled -back (approx. 15 -30 feet) upland or northward. Please note all restoration activities must be coordinated with the Corps and Garfield County. I will respond, upon receiving your selected options and follow- through to voluntarily restore the fill area in question, that the Corps has resolved this potential violation with a completed voluntary restoration plan. 1 I appreciate notification of your preferred option and coordinating with us to resolve this issue. Please let me know if you have any questions. Mark Gilfillan District Tribal Liaison /RD -PM US Army Corps of Engineers - Sacramento District, Regulatory Division 400 Rood Avenue, Room 224, Grand Junction, Colorado 81501 Telephone: 970 -243 -1199, ext. 15(o), 970 - 241- 2358(f), 970- 250- 7949(c) mark.a.gilfillan @usace.army.mil Information on the HQ Tribal Community of Practice. http: / /usace. army. mil / Missions /Civilworks /TribalIssues.aspx Information on the Regulatory Program. http: / /www.spk. usace. army.mil /Missions /Regulatory.aspx Our Nation has long recognized the sovereign status of Indian tribes. The United States Constitution specifically addresses tribal sovereignty by classing Indian treaties among the "supreme Law of the land ", and establishes tribal affairs as a unique focus of Federal concern. Principles outlined in the Constitution and treaties, as well as those established by Federal laws, regulations and Executive Orders, continue to guide our national policy towards Tribal Nations. In recognition of the special considerations due to tribal interests, the U.S. Army Corps of Engineers has adopted the following Tribal Policy Principles: Tribal Sovereignty - The U.S. Army Corps of Engineers recognizes that Tribal governments are sovereign entities. Trust Responsibility - The U.S. Army Corps of Engineers will work to meet trust obligations, protect trust resources, and obtain Tribal views of trust and treaty responsibilities. Government -to- Government - The U.S. Army Corps of Engineers will ensure that Corps leaders and Tribal leaders meet as governments and recognize that Tribes have the right to be treated in accordance with principles of self - determination. Pre - Decisional Consultation - The U.S. Army Corps of Engineers will involve Tribes collaboratively, before and throughout decision making, to ensure the timely exchange of information, the consideration of disparate viewpoints, and the utilization of fair and impartial dispute resolution processes. Self Reliance, Capacity Building, and Growth - The U.S. Army Corps of Engineers will search for ways to involve Tribes in programs, projects, and other activities that build economic capacity and manage Tribal resources while preserving cultural identities. Natural and Cultural Resources - The U.S. Army Corps of Engineers will act to fulfill its obligations to preserve and protect trust resources and to consider the potential effects of Corps programs on natural and cultural resources. The Corps is determined to comply with the Native American Graves Protection and Repatriation Act and to ensure reasonable access to sacred sites. Classification: UNCLASSIFIED Caveats: NONE 2 1 ",41 `"