PERMFILE62277

• Permit No: M2001001
• IBM Index Class Name: Permit File
• Doc Date: 5/18/2001
• Doc Name: FAX COVER
• From: US ARMY CORPS OF ENGINEERS
• To: WALLY ERICKSON
• Section_Exhibit Name: WALLY ERICKSON
• Media Type: D
• Archive: No

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Regulatory Hranch (200175110)
Mr. James E. Preston
Attorney at Law
15 North Chestnut Street
Cortez, Colorado 81321
Dear Mr. Preston:
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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
aide of the Dolores River within Sections 22 and 27, Township 38 //J
North, Range 14 West, Montezuma County, Colorado.. /~(.
Mr. Nick Mezei of this office, accompanied by Mr. Duvall -3A~i
Truelson, visited the subject site on March 27, 2001. The
purpose of the inspection was to determine if the proposed Line ~pCOBSOt
camp Gravel Pit would require permitting under Section 4.04 of the
Clean Water Aet. We are enclosing a copy of the inspection
report for your information.
The Corps' Clean water Act jurisdiction is limited to the
discharge of dredged or fill material into waters of the United
States. Waters of the Vtllted States include rivers, streams,
lakes, ponds, and impoundments, ae well ae 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 Uaes you forwarded to
this office on March 20, 2001 confirmed the proposed activities
provided by Mr. Truelson.in the field.
Please be aware that there does not exist any jurisdictional
waters of 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 is not jurisdictional
under Section 404 of the Clean Water Act. The discharge of
processed wash water lrom the sediment basin into the river is
sot a discharge regulated under Section 404 of the Clean Water
Att. We advised Mr. Truelson that if a sediment load from the
operation enters waters of the U.S., it Could be a violation of
section 404 of the Clean Water Act.