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~~ REPLY ip <br />ATTENTION OF <br />• DEPT III IIIIIIIIIIIIIIII UIY <br />CORPS OF 99y ISTRICT <br />TRI-LAKES PRG,.~.,, vrriL.t, y307 STATE HWY 121 <br />LITTLETON, COLORADO 80123-6901 <br />February 18, 1997 <br />CERTIFIED MAII, -RETURN RECEIPT REQUESTED <br />Mr. Albert Challenger <br />P. O. Box 448 <br />Evergreen, Colorado 80437-0448 <br />Dear Mr. Challenger: <br />FEH 1 g 1997 <br />Reference is made to a February 10, 1997 site visit conducted by Mr. erry McBee <br />of this office concerning your gravel mining operation.on the Big Thompson R ver. The <br />project is located in the Southwest ~/a of Section 2y9, Township 5 North, Range 67 West, <br />Weld Counry, Colorado. <br />The Corps of Engineers is responsible for administering Federal laws th t regulate <br />certain activities in waters of the United States. The authority applicable to th above <br />activity is Section 404 of the Clean Water Act (33 U.S.C. 1344). Section 404 prohibits the <br />discharge of dredged or fill material, and any excavation associated with a dre ed or fill <br />project, into waters of the United States, which includes streams and wetlands, without <br />authorization in the form of a Department of the Army-permit- issued prior to c nstruction. <br />This letter is to inform you that you are hereby ordered to cease and deist any <br />further excavation, fill activity, and construction within waters of the United S tes at this <br />site. <br />This office considers the construction of the bermed channel blocks wi ~ the Big <br />Thompson River, and the excavation of the Big Thompson River channel a viol lion of <br />Section 404 of the Clean Water Act. <br />Waters of the U. S. at this site includes the Big Thompson River and it' adjacent <br />wetlands along the bank of the river, and wetlands within the nearby stream m nders and <br />oxbows. Excavation may continue in other areas of the pit which are away fro the <br />excavated portion of the pre-existing Big Thompson River channel. Dewaterin of the pit <br />may also continue. <br />I have to inform you that Coulson Excavation is also considered a respo rble party <br />for this violation, and may be subject to enforcement action. <br />This violation is being referred to the Corps of Engineers Omaha Distric~ office for <br />enforcement review, which may include the issuance of penalties and restoratio of the <br />excavated portion of the Big Thompson River channel. <br />PnnteE on ® Reryclatl Paper <br />