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DEPARTMENT OF THE ARMY <br />CORPS OF ENGINEERS, pMAHA DISTRICT <br />DENVER REGULATORY OFFICE, 9307 SOUTH WADS WORTH BOULEVARD <br />L/TTLETON, COLORADO 80128fi901 <br />March 30, 2004 <br />Varra Companies, Inc. <br />Attn: Bradford Janes <br />8120 Gage Street <br />Frederick, CO 80516 <br />RE: Varra Companies, Inc. Durham Sand & Gravel Pit, Permit No. M-1978-056, Revision No. AM-1, <br />Section 404 of the Clean Water Act, Department of the Army Compliance Site Visit <br />Corps File No. 200380651 <br />Dear Mr. Janes: <br />Reference is made to your March 29, 2004 site visit with Mr. Terry McKee of this office concerning the <br />above-mentioned project located in the N % of Section 10, TSN, R65W, Weld County, Colorado. <br />During Mr. McKee's site visit it was determined that the levee work adjacent to the right bank of the <br />Cache ]a Poudre River does not required a Department of the Army permit. The open water and wetlands with in <br />the mining site landward of the levee are not jurisdictional U.S waters pursuant to Section 404 of the Clean Water <br />Act. In that regard a Department of the Army permit is not required for any work in the open water or wetlands <br />with in the mining area until the mining activity at this site has been abandoned. <br />levee. <br />This office should be notified for Department of the Army permits prior to any work riverward of the <br />If there are any questions call Mr. Terry McKee at (303) 979-4120 and reference Corps File No. <br />200380651. <br />tm <br /> <br />Sincerely, <br />