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~~Il //i <br />~..J <br />Ms. Dcnisc Larson <br />ERO Resources Corp. <br />1842 Clarkson Street <br />Denver, CO 80218 <br />DEPAR'1 i~1ENT Or TF[E :1RMY <br />CORFS OF ENGINEERS, Oh1AHA DISTRT_CT <br />DENV£R REGULA?GRY OFFIC°_, 9307 S. tlad9 WOiCh Eoule~eid <br />LITTLETON, COLORA00 80128.6901 r~ <br />;'~ <br />Aagust17,200G ~;. <br />/(rt~~ <br />I.J('" <br />RECEIVED <br />HuG 2 9 7006 <br />Division of Reclamation, <br />Mining and Safety <br />RE: Bank Stabilization Cor Siegrist Pits/De1 Camino Property, Bnyshore Development <br />Corps File No. 200480464 <br />Dear Ms. Larson: <br />Reference is made to the abovc•ntentioned project located in Sections 25, 35 and 36, T3N, <br />RGSW, Wcld County, Colorado. <br />The gravel ponds (Siegrist Pi[s) al this location are a result of gravel mining activities, Thcsc <br />gravel ponds cominue to be under the authority oFan active Division of Minerals and Geology mined <br />land reclamation mining pemtit. Federal Register, November 13, 1986, Part 328 {e) states in part: Water <br />filled depressions created in dry land incidental to conswction activity and pits excavated in dry land for <br />the purpose of obtaining fill, sand or gravel unless and until the construction of excavation operation is <br />abandoned, generally arc not considered by the Corps of Engineers to be waters of the U.S. This <br />includes the wetlands in such gravel ponds. Based on this information, my office has detemtined that the <br />Siegrist Pits mtd their shoreline wetlands reference in your August 10, ?006 correspondence to Mr. <br />McKee of my office are not waters oFthe U.S. <br />This project has been reviewed in accordance with Section 404 of the Clean Water Act under <br />which the U.S. Arnry Corps oCEngineers may regulate the discharge of dredged and fill material, and any <br />excavation activity associated with a dredge and GII project in lakes, streams or wetlands. <br />Based on She information you provided, a Department of the Army (DA) Permit will not he <br />required for the proposed bank stabilization project located in the Siegrist Pits or there shoreline wetlands, <br />+vhich exist as a result oFgravel mining activities at Otis site. Although a DA Permit will not be rt:quircd <br />For the bank stabilization work in the Siegrist Pits or their wetlands, this does not eliminate the <br />requirement that other applicable federal, state, mid local pemtiis be obtained as needed. <br />