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.,~., ui ~w~ra yr L'~U IIYCLICd~ . a III IIIIII IIIIIII III tPS~OF*E~GI ~~- DEPARTMENT OFTFIE ARMY U.S. ARMY EN6INEFJI aSTRICi, SACwWENn) CORPS OF ENGINEEA9 71x6 J BTREET arm EACNa11ENTq C•uFORNIA 95!1141922 •rrvmoNOC ~ ~ Agri! 4, 2001 Regulatory Eranch (200175110) Mr. James E. Preston Attorney at Law 15 North Chestnut Street Cortez, Colorado 81321 Dear Mr. Preston: 97o+2~7t5103 : 2/ 4 Ae~e~`~a M;~ y _ ;. ~ GMs o~~a ~~~1 %OfM~'`'Pr ..~ ~e~d/ ~O~C9 ,~, , .., Ge%9y -~ We are responding to your written request dated March 20, 2001, for a jurisdictional determination on a property located at 22374 State Highway 145, which is also the potential location for the Line Camp Gravel Pit. The property is located on the north NEZEI side of the Dolores River within Sections 22 and 27, Township 38 ~/r North, Range 14 West, Montezuma County, Colorado. /W(, Mr. Nick Mezei of this office, accompanied by Mr. Duvall --yµi Truelson, visited the subject site on March 27, 2001. The purpose of the inspection was to determine if the proposed Line JACOBSOI Camp Gravel Pit would require permitting under Section 4.04 of the Clean water Act. We ara enclosing 8 copy of the inspection report for your information. The Corps' Clean water Act jurisdiction ie limited to the discharge of dredged or fill material into waters of the United States. Waters of the United States include rivers, streams, lakes, ponds, and impoundments, ae well as special aquatic sites such as wetlands. The inspection of the subject site revealed that there would not be any discharge of fill or dredged material into waters of the United 9tatea based on the description of activities by Mr. Truelson. A review of the copy of the Application for Commercial or Industrial Usea you forwarded to this office on March 20, 2001 confirmed the proposed activities provided by Mr. Truelsan.in the field. Please be aware that there does not exist any jurisdictional waters o! the United States within the area of direct impacts by the proposed gravel mining operation. Therefore, any activity within the bounds of the mining operation i8 not jurisdictional under Section 404 of the Clean Water Act. The discharge of processed wash water lrom the sediment basin into the river is not a discharge regulated under Section 404 of the Clean Water Act. We advised Mr. Truelaon that if a sediment load from the operation enters waters of the U.S., it could be a violation of section 904 of the Clean Water Act.