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......~ ,~- , n ~o ~uKrazurxr~~uvttKti, <br />-2 - <br />9~0t297+510~~= 3/ 4 <br />Indirect impacts of an operation may potentially have <br />adverse environmental effects to waters of the U.S. However, the <br />limits of our authority under Section 404 of the Clean water Act <br />is clearly defined as being limited to the discharge of fill or <br />dredged material into waters of the U.S. The Federal Register <br />document (33 CFR Part 323, 40 CFR Part 323, January 17, 2001) <br />that you graciously forwarded, specifically states on pages 4556 <br />and 4557, '~ ..the agencies agree that the CWA regulates <br />"discharges" and today's rule in no way establishes an effecta- <br />based test for aeserting C7PA jurisdiction." <br />MEZEI <br />JACOBSON <br />The exposure of groundwater in uplands from a gravel mining <br />pit dose not immediately create waters of the U.S. jurisdictional <br />under Section 404 of the Clean Water Act unless and until the <br />operation is abandoned and the resulting body of water meets the <br />definition of waters of the U.3. [33 CFR 328.3(a)]. After <br />abandonment, any impoundments, streams, or wetlands developed as <br />a result of the operation could become jurisdictional under our <br />regulation. <br />we trust that we have responded to your concerns expressed <br />both in youz letter of March 20, 2001, as wall as during <br />telephone conversations with Mr. Mezei. If you have any <br />questions, please write to Mr. Mezei or telephone him at (970) <br />243-1199, extension 12. <br />sincerely, <br />Ken Jacobson <br />Chief, Southwestern Colorado <br />Regulatory Office <br />402 Rood Avenue, Room 142 <br />Grand Junction, Colorado 81501-2563 <br />Copy Furnished: <br />Mr. Duvall Truelaen, Post Office Hox 458, Dolores, Colorado 81323 <br />Montezuma County, 109 Main Street, Cortez, Colorado 81321 <br />CCt <br />eg Br <br />~CRO <br />