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<br />i <br />• DEPARTMENT OF THE ARMY <br />ALBUOUlROU! DISTRICT. CORPS OP lN01N RS <br />P. O. BOX 1SS0 <br />ALBUpUlROU[. N!W MlXICO 57103.1SS0 <br />II[ILY To PAX (SOS ) 7SS-3770 <br />ATT[MTIOM OIt <br />February 14, 1992 <br />Construction-Operations Division <br />Regulatory Branch <br />Ms. Loren R. Hettinger, PhD. <br />Dames & Moore <br />1125 Seventeen Street, Suite 1200 <br />Denver, Colorado 80202-2027 <br />Dear Dr. Hettinger: <br />Reference is made to your letter dated January 20, 1992, <br />regarding your proposed gravel mining operation along the <br />tributary to the West Fork of Beaver Creek at Gillette, Teller <br />County, Colorado, in S4, T155, R69W. (Action No. 1992 00031) <br />On January 31, 1992, an on-site visit was made by Mr. Van <br />Truan, Biologist, from the Southern Colorado Project Office. He <br />determined that the wetlands at the east side of the proposed <br />project were mapped correctly by your consultant at 0.8 acres. <br />The artificial ditch which travels through the site was actually <br />a part of the previous gravel mining operation and was excavated <br />on upland. This artificial drainage ditch is not a water of the <br />United States, since it was excavated in upland area and was <br />created from the previous mining operation. <br />Regulations pursuant to Section 404 of the Clean Water Act <br />(Appendix A to 33 CFR 330) describe Nationwide Permit No. 26 for <br />discharges of dredged or fill materials into waters of the United <br />States, including wetlands. A copy of Appendix A and a brochure <br />about our regulatory program are enclosed for your information. <br />The described project site is in headwaters. Your project <br />can be constructed provided it does not cause the loss of more <br />than 10 acres of waters of the United States, including wetlands. <br />It appears that about 0.8 acre of waters (wetlands) would be <br />affected by the project. The person responsible for the project <br />must insure compliance with all conditions of the permit. The <br />discharge, including all attendant features, both temporary and <br />permanent, must be part of a single and complete project. <br />For discharges which cause the loss of one to ten acres of <br />_ such waters, including wetlands, notification is required in <br />accordance with General Condition No. 13. Discharges resulting <br />in the loss of more than ten acres of waters will require an <br />individual Section 404 permit. <br />