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~~ <br />DEPARTMENT OF THE ARMY <br />CORPS OF BNGINHHRS, OMAlfA DISIRZCT <br />DBNVER RHGULATORY OFFICB, 9307 S. Wadsworth Boulevard <br />LITTLHTON, COLORADO 80128-6901 <br />June 4,2007 <br />Mr.RandyApdi~on SC~?a~L,- <br />40586 Co. Rd. 21 <br />Haxtun, CO 80731 <br />RE: Fryrear Gravel Pit, Unnamed Drainageway <br />Corps File No. NW0.2007-1721-DEN <br />Dear Mr. Anderson: <br />Reference is made to the above-referenced project located in the SW %, of Section 2, TSN, <br />R47W, Yuma County, Colorado. <br />This prof ect has been reviewed by Mr. Terry McKee of my office in accordance with Section <br />404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of <br />dredged and fill material, and any excavation activity associated with a dredge and fill project in waters <br />of the United States. <br />Based on the information provided, a Department of the Army (DA) Permit will not be required <br />for work at this site. Although a DA Permit will not be required for the project, this does not eliminate <br />the requirement that other applicable federal, state, and local permits be obtained as needed. <br />Please see the enclosed excerpt from 33 CFR parts 323 of the Federal Register dated January 17, <br />2001 regazding excavation activities. My office requires that the description outlined in this excerpt be <br />strictly adhered to. Also, if my office receives information regazding any action or work that resulted in <br />the placement of dredged or fill material, either temporary of permanent, below the ordinary high water <br />mark of the pond or in the wetlands or the excavation does not follow the description of the 33 CFR <br />excerpt, the activity will be considered a violation of Section 404 of the Clean Water Act and you will be <br />ordered to cease and desist the work At that time the violation will be referred to the Environmental <br />Protection Agency for possible enforcement action that may result in restorafion of waters of the U.S., <br />which includes wetlands. Also, the landowner and any other person associated with the violation may be <br />subject to enforcement action. <br />If there are any questions call Mr. Terry McKee of my office at (303) 979-4120 and reference <br />Corps File No. NW0.2007-1721-DEN. <br />Sincerely, <br />~l~ ~ ~~~ ~~~~, <br />~'1'imothy 1j~Carey <br />Chief, Denver Re6ulatory Office <br />tm <br />