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~ r III III II <br />IIIIIIII <br />~, • I II <br /> <br /> <br />January 25, 199 <br />Regulatory Section (1990009061 <br />Mr. Charles R. Ponchak <br />Peck Incorporated <br />Post Office Box 278 <br />Ouray, Colorado 81427 <br />Dear Mr. Ponchak: <br />We have reviewed the letter and revised mining plan you <br />submitted on behalf of Mr. Nick Peck dated January 5, 1991, The JACOBSON <br />Department of the Army permit application advertised under public <br />notice 199000906 has been withdrawn as requested. <br />It appears that the revised pro,iect as described in the <br />recent mining plan submitted to the Colorado Mined Land <br />Reclamation Board will not require a Department of the Army lKT~URE <br />permit. We caution you that a discharge of dredged and/or fill <br />material below the ordinary high water elevation IORWI of <br />the river or in wetlands without benefit of a permit will <br />constitute a violation of Section 404 of the Clean Water Act <br />and be subject to enforcement action(s). A permit will be <br />required if material is stockpiled, placed for access and road <br />construction, or for any other reason discharged below the OHW <br />or in wetlands. The relocation of alluvial material within the <br />OHW of the river or within wetlands i.e, alluvial berms would <br />also require a permit. <br />If you have any questions, contact Ken Jacobson at telephone <br />(303) 293-1199. <br />Sincerely, <br />Grady L. McNure <br />Chief, Western Colorado Regulatory <br />Office <br />402 Rood Avenue, <br />Grand Junction, <br />Room 142 <br />Colorado 81501-2563 <br />cc: <br />Opr Br <br />Reg Unit 4 <br />