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<br />You further state in your letter that since the wetlands <br />will be excavated there is no requirement to obtain a Department <br />of the Army Permit. If the wetland area is excavated by using a <br />track hoe or other piece of equipment with a bucket, and all of <br />the excavated material is placed directly into an upland area or <br />hauled off in a truck to be placed in an upland area, a <br />Department of the Army permit is not required. However, if the <br />material is stockpiled in a wetland, or in the area previously <br />occupied by the excavated wetland, or if any dredged of fill <br />material is placed within wetlands or other waters of the United <br />States at any time, a permit will be required. Furthermore, a <br />bulldozer redistributes the ground material and results in a <br />"placement of fill material" if used in waters of the United <br />States, including wetlands. Lastly, if you are able to excavate <br />the wetland without triggering the need for a permit, any <br />placement of fill material in the excavated wetland at any time <br />in the future, (i.e. for site reclamation, or re-development), <br />will trigger the need for a permit and all wetland impacts, will <br />need to have appropriate mitigation. <br />If you plan to obtain a Department of the Army permit to <br />continue with the expansion of your gravel pit, you will need an <br />approved wetland delineation, description of wetland impacts, <br />evidence that you have avoided and minimized impacts to wetlands <br />to the maximum extent practicable, possibly an alternatives <br />analysis, and a detailed wetland mitigation plan, as we have <br />discussed on many occasions. Please send the required <br />information to the attention of Nathan Green at this address, <br />When we receive complete notification or application information, <br />we will process it accordingly. You have asked us to expedite <br />the processing of this permit application. As stated above, we <br />have been in contact multiple times since 2003 regarding this <br />site, and you have been given ample time to provide the <br />information required for us to process a permit application. <br />Unfortunately, we cannot show that impacts to the functions and _ ____ <br />-- -'valves of t'he wetland`s on your site-fi`ave-been properly mitigated <br />by estimating wetland impacts and assuming that the reclaimed <br />mine site will appropriately make up for those losses. <br />You must provide all of the required information within <br />thirty (30) calendar days from the date of this letter. Failure <br />to do so will result in an automatic withdrawal of your permit <br />application. Please be aware that a withdrawal action does not <br />preclude you from resubmitting a complete permit application at a <br />later date. <br />