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'~ f` ~' ~~aj ~ U.S. ARI. III III I II I II IIII III ~CRAMENTO L- J\ ~ I U ~~ l~ ~_ ~~ CORPS OF ENGINEERS ~ 1325 J STREET V iEPLY TO SACRAMENTO, CALIFORNIA 95874-2922 >TTE NTION OF September 16, 1992 Regulatory Section (199200367) Mr.. Randy L. Jackson Duckels Construction, Inc. 4:L230 Routt County Road 129 Steamboat Springs, Colorado 80487 Dear Mr. Jackson: I am responding to your letter dated August 27, 1992 regarding written clarification of activities regulated by the- - Department of the. Army as they may apply to your. operations at -- the Hogue River Pit.. Duckels Construction has provided a wetland delineation_.map of the Hogue River Pit_site which has been verified by the Corps of Engineers. The Corps.of:Engineers regulates the placement of . _... fill and dredged material into waters of the United States. Waters of the United States includes open bodies'of water below - the ordinary-high-water mark of a channel or impoundment, and - it also includes wetlands and other special aquatic sites such as pool and riffle complexes in streams. At present, we do not regulate excavation of material from waters of the United - States provided that excavations are performed in a manner where the incidental discharge of material during operations are minor and of no environmental consequence. Incidental discharge is "de minimus" material falling from excavating equipment during operation where the material excavated would be placed outside of waters of the United States. Bulldozing work in waters of the United States has specifically been viewed by the courts as more than "de minimus" discharge, hence t.;;at activity is regulate3. Duckels Construction has indicated that during gravel mining operations fill or dredged material will not be clischarged into waters of the United States, and that Duckels Construction will not use bulldozers in waters of the United :Mates. Therefore, since discharges of materials into waters /- of the United States will not occur, a Department of the Army permit is not required. If at any time the regulations change, where "de minimus" discharges are jurisdictional, then a permit will be required for excavating in waters of the United States.