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PERMFILE41433
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PERMFILE41433
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Entry Properties
Last modified
8/24/2016 10:44:07 PM
Creation date
11/20/2007 10:46:24 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2001023
IBM Index Class Name
Permit File
Doc Date
4/9/2001
From
DEPT OF THE ARMY
To
LORETTA VAN NORSTRAND
Media Type
D
Archive
No
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i <br />III IIIIIIIIIIIII'll <br />999 <br />R~CEIVI~"' DEPARTMENT OFTNEARMY ~' <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />APR b 9 Zpp~ CORPS OF ENGINEERS <br />125 J STREET <br />09Ig1pThif ~i0Ef0~580d GOOIOg~ACRAMENTO, CALIFORNIA YSl1~-2922 <br />AT7[MTIOM Or November 30, 2000 <br />Regulatory Branch (200075063) <br />Ms. Loretta Van Norstrand <br />Post Office Box 773688 <br />Steamboat Springs, Colorado 80477 <br />Dear Ms. Van Norstrand: <br />I am responding to your letter dated October 9, 2000, <br />equesting information relative to r_he proposed~Cami letti Grave ~~,• <br />Pt~near Milner and our regulatory authority. This`~7 -acre site <br />involves a proposed gravel pit immediately southeast of the HALL <br />confluence of Trout Creek and the Yampa River within the SE 1/4 <br />o Section 15, Township 6 North, Range 86 West, Routt County, <br />olorado. •~ <br />MCNURE <br />As you are aware, our office has verified the, mapping .for <br />this site that identifies jurisdictional waters of the_United <br />States. In accordance with Section 404 of the Clean'Water Act, a <br />Department of the Army permit is required for any discharge . <br />(including mechanized land clearing) of dredged or fill material <br />into waters of the United States. Within the context of Section <br />404, "waters of the United States" are defined as the territorial <br />seas; perennial and ephemeral streams; lakes, ponds,,. <br />impoundments; and wetlands. Federal law requires that any <br />individual or entity proposing to discharge into waters of the <br />United States obtain a Department of the Army permit prior to <br />commencing such work. <br />Based on our review of the mining proposal, the only direct <br />fill activity proposed within wetlands is the pile-supported <br />access haul road. Because this road crossing will be constructed <br />on pilings, a Department of the Army permit is not required. <br />This determination is supported in the regulations at 33 CFR <br />323.3(c)(2) (Federal Register, Volume 58, Number 163, page 45036, <br />dated August 25, 1993]. This reference states that, "(the) <br />Placement of ~~~ings in waters of the United States that does not <br />have or wouldllhhave the effect of a discharge of fill material <br />shall not require a Section 404 permit. Placement of pilings for <br />linear projects, such as bridges, elevated walkways, and <br />powerline structures, generally does not have the effect of a <br />discharge of fill material." <br />Other proposed direct impacts to wetlands on this site are <br />due to gravel mining. While wetland areas will be impacted by <br />this project, the excavation of these aquatic resources is not <br />regulated by the Corps of Engineers. This determination is based <br />
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