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~JEPARTMENT OPTHE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 PEPLY TO ATTENTION OF January 14, 2003 ' Regulatory Branch (200375011) Mr. Carl B. Mount Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Mount: RECEIVED JAN 11 2003 Division of Minerals and Geology I am responding to your written request for comment on the Lafarge West, Incorporated, Chambers Pit, Permit No. M-1980-136, AM-1. The project site is located near the Eagle River within Section 6, Township 5 South, Range 84 West, Eagle County, Colorado. In accordance with Section 404 of the Clean Water Act, a Department of the Army permit is required for any discharge (including mechanized land clearing) of dredged or fill material in waters of the United States. Within the context"of Section 404, "waters of the United States" are defined as the territorial seas; perennial and ephemeral`etreame lakes,' ponds, impoundments; and wetlands: Federal law requires that ariy individual or entity proposing to discharge into waters of the United States obtain a Department of the Army permit prior to commencing such work. To aid the applicant, we have enclosed a list of wetland consultants who routinely perform wetland delineations and are familiar with the Section 404 permit process. I have assigned number 200375011 to this project. Please refer to this number if a Department of the Army permit is required on this development project. If you have any questions, please write to me at the address below, telephone (970) 243-1199, extension 15 or email mark.a.gilfillan®usace.army.mil. Sincerely, ~~ ~ Mark Gilfil n Regulatory Biologis£, Colorado/Gunnison - Basin Regulatory Office 402'Rood Avenue; Room 142 >. -Grand Junction, Coloradd 81501=2563