2006-05-26_REVISION - M1994077 - Laserfiche WebLink

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DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD LITTLETON, COLORADO 80128-6901 April ] 8, 2006 Mr. Larry Champ Washington County #3 Box 32 Anton, CO 80801 RE: Nickell Gravel Pit, Vega Creek Cnrps Eile No.;199480657 _ Dear Mr. Champ: Reference is made to the above-mentioned project located in the SE'/, of Section 30, TSS, RSSW, Washington County, Colorado. If any work associated with this project requires the placement of dredged or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in Vega Creek, this office should be notified by a proponent of the project for Department of the Army (DA) permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. Work in Vega Creek should be shown on a map identifying the Quarter Section, Township, Range and County of the work and the dimensions of work in each area of Vega Creek. A DA permit will not be required if there will be no placement of dredged or fill material, either temporary or permanent, in Vega Creek; or if the mining activity consists entirely of stream bed excavation with no placement of fill material or side casting of material in the stream bed of Vega Creek. Although a DA Permit may not be required for a mining activity in Vega Creek as described in this paragraph, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as needed. Regarding the removal of sand and gravel excavation only activities in Vega Creek, please see the enclosed excerpt from 33 CFR parts 323 of the Federal Register dated January 17, 2001 regarding excavation activities. For excavation only activities, my officeTequires that the description outlined in this excerpt be strictly adhered to. Also, if my office receives information regarding any action or work that resulted in the placement of dredged or fill material, either temporary of permanent, below the ordinary high water mark of the pond or in the wetlands or the excavation does not follow the description of the 33 CFR excerpt, the activity will be considered a violation of Section 404 of the Clean Water Act and you will be ordered to cease and desist the work. At that time the violation will be referred to the Environmental Protection Agency for possible enforcement action that may result in restoration of waters of the U.S., which includes wetlands. Also, the landowner and any other person associated with the violation may be subject to enforcement action.