2021-12-07_REVISION - M2012032 (13)

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DEPARTMENT OF THE ARMY U.S.ARMY ENGINEER DISTRICT,SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO CA 95814-2922 REPLY TO ATTENTION OF August 20, 2013 Regulatory Division SPK-2012-00953 Rory Williams Silver Star Resources 1675 Larimer Street, Suite 820 Denver, Colorado 80202 Dear Mr. Williams: We are responding to your August 16, 2013,request, submitted by WestWater Engineering, for a preliminary jurisdictional determination (JD), in accordance with our Regulatory Guidance Letter(RGL) 08-02, for the Revenue Mine site. The approximately 43-acre site is located on or near Sneffels Creek, approximately seven miles southwest of City of Ouray, Section 21, Township 43 North, Range 8 West, Latitude 37.9706°, Longitude -107.7498°, Ouray County, Colorado. Based on available information and our site visits of October 1, 2012, and June 18, 2013, we concur with the amount and location of wetlands and other water bodies on the site as depicted on the enclosed Figure 2, Silver Star Resources Revenue Mine Wetland Delineation, Wetlands Map, dated August 16, 2013, prepared by WestWater Engineering. The approximately 5.55 acres of wetlands and other water bodies present within the survey area are potential waters of the U.S, regulated under Section 404 of the Clean Water Act. This preliminary determination has been conducted to identify the potential limits of wetlands and other water bodies which may be subject to Corps of Engineers'jurisdiction for the particular site identified in this request. You may request an approved JD for this site at any time prior to starting work within waters. In certain circumstances, as described in RGL 08-02, an approved JD may later be necessary. You should provide a copy of this letter and notice to all other affected parties, including any individual who has an identifiable and substantial legal interest in the property. On another note, three areas of work at the mine site have been performed within waters of the U.S. This was confirmed during our site visit, included in the JD report, and addressed in a letter dated July 10, 2013, from Mr. Trujillo of Star Mine Operations. This work includes: 1) berm buildup at the southwest corner of Revenue Pond near Atlas Creek; 2) temporary road culvert and fill placed at the northwest end of the Revenue Seep area; and 3) waste rock encroachment along the south side of the Revenue Seep area. Work items 1 and 2 appear to qualify for Nationwide General Permits 18 (Minor Discharges) and 3 (Maintenance). You have indicated plans to install a new culvert at work area 2 and we ask that you provide our office notice of this effort prior to culvert installation and photographs of the completed work.