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HomeMy WebLinkAboutCorrespondence-Army Corps of Engineers. i DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS s' 441 G STREET NW WASHINGTON DC 20314 05/04/2026 Regulatory Albuquerque District DHM Design C/O Jeff Grinspoon 33 St Finnbar Farm Rd United States Redstone, CO 81623 Via Email: dknutson@dhmdesign.com Dear Grinspoon: This is an automated response from the U.S. Army Corps of Engineers' Regulatory Request System to your request for confirmation that a Department of the Army (DA) permit is not required for your proposed project. The project/review area is located at 33 St Finnbar Farm Rd, Carbondale, CO 81623. The project has been assigned a Regulatory Request System Tracking Number 46663. This number should be referenced in all communication concerning this project. Based on the information you have provided, your work as proposed is not a regulated activity pursuant to Section 10 of the Rivers and Harbors Act of 1899 (RHA) and/or Section 404 of the Clean Water Act (CWA), and therefore, does not require a Department of the Army permit unless new information (including changes to project plans) warrants revision. This letter does not obviate the requirement to obtain permits from other Federal, State, or local authorities that may be necessary for your project. Additionally, if your project is located in the vicinity of a federal project, approval from the U.S. Army Corps of Engineers (USACE) may be required under Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 408, "Section 408") to alter or occupy a USACE federally authorized project. It is your responsibility to contact the appropriate District to determine whether Section 408 authorization is required. Additional information about Section 408 can be found at https://www.usace.army.mii/Missions/Civil-Works/Section4O8/. This letter does not address or include any consideration of geographic jurisdiction of aquatic resources and may not be interpreted as such. Should you desire an official USACE determination that jurisdictional "waters of the United States," or "navigable waters of the United States" are either present or absent on the project site, you may submit a Request for Jurisdictional Determination / Aquatic Resource Delineation through the Regulatory Request System https://rrs.usace.army.mil/rrs. This determination is based solely on the information you provided as of 05/04/2026 and has not been verified by the USACE. It is your responsibility to ensure no unauthorized work in "navigable waters of the United States' or discharges of dredged or fill material into "waters of the United States" occur as part of the proposed project. Performing such an action without obtaining the requisite authorization may be considered a violation of the Rivers and Harbors Act of 1899 and/or the Clean Water Act and may result in enforcement action. Your electronic request and associated responses will be retained by the Corps and may be used for enforcement purposes. if you have any questions concerning this correspondence, please contact the Albuquerque District at 505-315-5859 or you may visit the District's website at http:/Iwww,spa.usace.army.mil/Missions/RegulatoryProgramandPermits.aspx for additional information concerning the regulatory program. Please reference this Tracking Number 46663 in all comments and/or inquiries relating to this project. cc: Dayton Knutson, DHM Design via dknutson@dhmdesign.com DHMLANDSCAPE ARCHITECTURE ECOLOGICAL L'AHNIHG NoPLANDES1GN�N G April23, 2026 Mr. Ben Wilson U.S. Army Corps of Engineers 400 Rood Ave # 224, Grand Junction, CO 81501 RE: Agricultural Exemption Request for 33 St. Finnbar Farm Rd DRAFT Dear Mr. Wilson, On behalf of the property owner at 33 St. Finnbar Farm Road, Carbondale, Colorado, we respectfully request confirmation that the proposed activities described herein qualify for exemption under Section 404 of the Clean Water Act as normal and ongoing agricultural activities. The property contains an existing irrigation pond and has historically been irrigated for hay production and other agricultural uses, as evidenced by historic aerial imagery. The property is served by decreed water rights from the Middle Ditch, which traverses the site and feeds the current irrigation pond. These water rights, owned by the St. Finnbar Homeowners Association for the benefit of its members, have been historically used for irrigation purposes. The proposed improvements include but are not limited to: improved access to current and future agricultural infrastructure, improvingwater conveyance channels to the existing pond, and increasing agricultural irrigation capabilities throughoutthe property. A formal wetland delineation was performed in April 2026 to identify and map the aquatic resources on the property. The wetlands and open water features at 33 St. Finnbar Farm Rd. include approximately 2.79 acres of PEM wetlands dominated by reed canary grass (Phalaris arundinacea) and Nebraska sedge (Carex nebrascensis), occurring where Middle Ditch irrigation water perches and spreads across the north -facing toe slope. An additional 0.74 acres of PSS wetlands are intermixed with the emergent wetlands (Attachment A— Supporting Maps), characterized by coyote willow (Salix exigua), water birch (Betula occidentalis), and Rocky Mountain willow (Salix monticola). Soils in these low-lying areas are well - developed histosols exhibiting a depleted dark matrix, indicating prolonged saturation and anaerobic conditions that reduce iron and organic matter. Small upland inclusions occur within the wetland complex, supporting smooth brome (Bromus marginatus) and non-hydric soils. An aquatic resource delineation report can be provided upon request. Agricultural Improvements Summary The proposed project consists of establishing a formal boardwalk crossing over the Middle Ditch and associated wetlands to provide access to the northern portion of the property. This access will support ongoing agricultural uses, including an apiary and fruit tree orchard. The boardwalk will be constructed using at -grade forms placed directly on the ground surface, with the structure assembled on top of these forms, as seen in Attachment B — Proposed Site Improvements. No heavy equipment will be required, and construction is anticipated to occur in 2026 when site conditions allow. No dredging or placement of fill material within jurisdictional waters or wetlands is proposed. The activity will not result in the conversion of wetlands to uplands, nor will it involve significant grading, leveling, drainage, or alteration of hydrology. The purpose of the project is to facilitate continued agricultural use of DENVER CARBONDALE DURANGO 225 Main St Unit 201, Carbondale, CO 81623 1 970.963.6520 DHMDESIGN.COM the property, consistent with historic and ongoing practices. We are requesting verification of the 10.12 acre agricultural exemption boundary shown on Attachment B. Table 1 -Agricultural Improvements Summary Item _ Latitude Foot Bridge --107.159004 Longitude 39.404943 Existing Property Water Rights Summary The following information was provided by Balcomb & Green PC on on April 13, 2026 (Attachment C - Water Rights Summary). Finnbar Flats LLC is a member of the St. Finnbar Homeowners Association, which owns the water rights decreed to the Middle Ditch for the benefit and use of its members. The majority of the water decreed to the Middle Ditch is used upstream of the property. When the Middle Ditch crosses the property, all of the water in the ditch is available for use on the property. The Middle Ditch diverts from the Cummings Springs channel approximately one mile east of the property and passes through the property via its eastern and western boundaries. The water rights to the Middle Ditch have been historically used for irrigation at a ratio of 1 c.f.s. per 50 acres of irrigable land. The water rights decreed to the Middle Ditch are: Table 2 - Water Rights Summary Priority No. Case Adjudication Date Appropriation Amount (CFS) Date 83 CA 132 5/11 /1889 4/17/1884 5.0 The timing of the proposed improvements would likely occur as conditions allow in the spring/summer of 2026. On behalf of the owners and the project team, we thank you for your review and consideration of this agricultural exemption request. Please feel free to contact us if additional information is needed. We appreciate your review and consideration. Upon review can you please provide a determination letter with your response. DHM Design Dayton Knutson Natural Resource Specialist Attached please find the following supplemental information: • AttachmentA- Supporting Maps & Photo Documentation • Attachment B-Site Improvements Plan • Attachment C-Water Rights Summary DENVER CARBONDALE DURANGO 225 Main St Unit 201, Carbondale, CO 81623 1970.963.6520 DHMDESIGN.COM Attachment A — Supporting Maps & Photo Documentation DENVER CARBONDALE DURANGO 225 Main St Unit 201, Carbondale, CO 81623 1970.963.6520 DHMDESIGN.COM o o a 3 � h U N 7 y w 7 Fz w= t- Z x aa!z n Z n zzoOZZ "' LU Y Ti O rJ N O a O O r. zu c a _ C O O J O O s a 3 0.