2023-07-14_REVISION - M1977342 ‎(2)‎

• Permit No: M1977342
• IBM Index Class Name: Revision
• Doc Date: 7/14/2023
• Doc Name: Adequacy Review Response
• From: Climax Molybdenum Company
• To: DRMS
• Type & Sequence: AM8
• Email Name: PSH
• Email Name: JLE
• Media Type: D
• Archive: No

5/9/23, 11:43 AM State.co.us Executive Branch Mail-Notice of Complete Application for Permit: M1977342 Revision:AM8
STATE OF Hays -DNR, Peter<[e-mail]>
COLORADO
Notice of Complete Application for Permit: M1977342 Revision: AM8
SPA-RD-CO <[e-mail]> Tue, May 9, 2023 at 10:00 AM
To: "[e-mail]" <[e-mail]>
Cc: SPA-RD-CO <[e-mail]>
Good morning.
Thank you for requesting comments from our office regarding the proposed subject project that may have the potential to impact
aquatic resources. We appreciate that you are considering our potential regulatory role in the project, but we do not currently have
the ability to provide project-specific comments. If the activity should have the potential to result in the discharge of dredged or fill
material into waters of the United States, then the project proponent should work directly with our office to acquire necessary Corps
permits, if applicable, as described in the following general comment:
Section 404 of the Clean Water Act requires a permit from us for the discharge of dredged or fill material into waters of the United
States. Waters of the United States may include, but are not limited to, rivers, streams, lakes, ponds, wetlands, wet meadows, and
seeps. To ascertain the extent of waters on the project site, the applicant should prepare a delineation of aquatic resources, in
accordance with the applicable standards, including the 1987 Wetland Delineation Manual and the South Pacific Division Minimum
Standards for Acceptance of Preliminary Wetlands Delineations. These standards can be found on our website at:
https://www.spa.usace.army.m iI/Missions/Regulatory-Program-and-Perm its/Jurisdiction/.
An aquatic resource delineation should be evaluated prior to designing a project to ensure the project proponent avoids and
minimizes impacts to waters of the United States to the greatest practicable extent. The range of alternatives considered for this
project should include alternatives that avoid and minimize impacts to wetlands, streams, or other waters of the United States. Every
effort should be made to avoid project features which require the discharge of dredged or fill material into waters of the United
States. In the event it can be clearly demonstrated there are no practicable alternatives to discharging dredged or fill material into
waters of the United States, compensatory mitigation may be required.
For more information about our program or to locate a list of consultants that prepare aquatic resource delineations and permit
application documents, please visit our website at https://www.spa.usace.army.miI/Missions/Regulatory-Program-and-Permits.
https://mail.google.com/mail/u/0/?ik=8e52aO72bb&view=pt&search=all&permmsgid=msg-f:l 765432921200223082&simpl=msg-f:1765432921200223082 1/2