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' ~~---- ~; ~. t -2- on a court decision. The U.S. District Court for the District of Columbia handed down a decision. in the case of American Mining Congress v. U.S. Armv Cows of Engineers. Basically, the Court held that excavation activities within waters of the United States will not be regulated by the Corps of Engineers, or enforced by the Corps of. Engineers or the EPA. The issue centered on the interpretation of "incidental fallback" which the Court defined as the incidental soil movement from excavation, such as the soil that is disturbed when dirt is shoveled or back- spill that comes off a bucket and falls into the same place from which it was removed. "Incidental fallback" does not include soil movements away from the original site. Sidecasting and sloppy disposal practices, involving discharges into waters, have always been subject to regulation under Section 404 of the Clean Water Act. Whether a request for an appeal or stay of the District of Columbia Circuit Court's decision is made remains to be seen, but currently, incidental fallback associated with excavation only activities is not regulated. 4ie understand Chat you have concerns associated with this mine site: We-encou=age you and your ,neighbors to continue discussions with the applicant and with the local regulatory authority, Routt County. As you know, we have provided comments on this project to Mr. Camilletti with a copy of our letter sent to the county. To reiterate our comments, we encourage a floodplain study of the site, consideration of larger buffers from Trout Creek and the Yampa River to maintain valuable established riparian areas and vegetated wetlands to the maximum extent practicable, reclamation of shallow and irregular-shaped pond shorelines, and coordination with the Colorado Division of Wildlife on fish stocking plans. The county may also wish to consider a performance bond to safeguard against any unforeseen problems that may arise. Since our last correspondence on July 17, 2000, we have not received any. new proposals or modifications from the applicant. The applicant may not proceed with any other work that involves a discharge of dredged and fill material in waters of the United States without prior authorization .from the Corps of Engineers. Should the application be revised to include a discharge activity within a waters of the United States, a Department of the Army permit may be required, The effects of mining may be considered in the evaluation of any related future permit application at the Camilletti Milner Pit.