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r <br />XX Mr. Chairman, the Army Corps of Engineers came out from Omaha today in <br />anticipation that there might be questions concerning any violation <br />such as changing the river course. Rather than ask them to make another <br />trip, we would like you to hear the comments from this representative <br />concerning wi~at is and what is not allowed. <br />JOHN WARD: Where is the representative of the Corp.? <br />Just getting in the river as we have seen in the picture today, is not <br />in my understanding of 404 i.s not a violation. <br />XX 404 requires completion of fill materials in the river. The dozer <br />constructing the ramp for cattle crossing or equipment crossing, the <br />dozer in the river pushing the material out of the way from the river <br />onto high ground, does not constitute a violation of the federal statutes. <br />The violation, that occurred in the case of Weld County was the dozer <br />excavation out of the river. The dozer excavation, we consider that <br />to be placing fill material, it is a messy operation, that determines <br />the bottom of the stream and it leaves ridges of silt, as you take <br />the material out. So the dozer excavation has been inaudible as filling <br />activity. <br />LARRY BROWN: Excavation under the water line. <br />XX Pushing the water out from the river. <br />LARRY BROWN: Excavation above the water line is not (inaudible) <br />XX No. <br />JOHN WARD: Also, you can put a drag line or a front end loader from the bank into the <br />river to dredge without violating. <br />XX If you excavate (inaudible) front end loader, drag line, back hoe <br />remove that material and not temporarily deposit in the stream, from the <br />river into a truck and up on the bank, that don't require a 404. <br />JOHN WARD: Ok. <br />LARRY BROWN: Are you familiar enough with this gravel pi[, proposed full extent of the <br />gravel pit, and its ultimate end of it and its location in the river to be <br />able to advise us as to whether or not the operation of this permit, pit, <br />will cause harm to an adjacent landowner. <br />XX I think as far as i;t~e Corps can go in assisting the county and state <br />in delineation of ttie 100 year flood plain, and I think that has been done. <br />Our flood plain (inaudible) 100 year flood plain line has been has been <br />delineated in that (inaudible) <br />Ok, now whether or not it will cause harm to, <br />