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• lower subsoil and joins the groundwater at depth. Based on <br />observations, this area does not meet the criteria as waters of <br />the United States. <br />J <br />• <br />The third area inspected consisted of a drainage Swale <br />immediately upstream from the old highway 133, and referenced as <br />Sub-Area B on the Figure 2 sketch referenced above. This Swale <br />contained highly porous sand within the bottom, and there was not <br />a defined bed and bank, nor was an ordinary high water mark <br />distinguishable. Therefore, this area also did not meet the <br />criteria for waters of the United States. <br />In conclusion, for the areas described above only, they are <br />not waters of the United States, and therefore, a Department of <br />the Army permit is not required for placement of fill material <br />into these areas. Caution suggests that these areas do carry <br />runoff waters, and therefore, proper drainage should be provided <br />if the areas will be disturbed. <br />We have assigned number 200375208 to this determination. <br />Please contact me and refer to this number if you have any <br />questions regarding this matter at 970-243-1199, extension 13 or <br />the address below. <br />Sincerely, <br />~/,~~. <br />Nicholas A' Mezei <br />Colorado/Gunnison Basin <br />Regulatory Office <br />402 Rood Avenue, Room 142 <br />Grand Junction, Colorado <br />81501-2563 <br />Enclosure <br />Copy Furnished: <br />Delta County, 501 Palmer, Delta, Colorado 81416 <br />Mr. Bradley E. Hanson, Bowie Resources, Ltd., Post Office Box <br />483, Paonia, Colorado 81428 <br /> <br />