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N-97.2~s~` <br /> <br />. <br />' 9 <br />REPLY TO <br />ATTENTION OF <br />• • <br />DEPARTMENT OFTHE ARMY <br />SACRAMENTO DISTRICT CORPS OF ENGINEERS <br />650 CAPITOL MALL <br />SACRAMENTO. CALIFORNIA 95814 4794 <br />August 31, 1988 <br />Regulatory Section (88-061) <br />SFP G 1988 <br />Mr. Albert Frei <br />11521 Brighton Road <br />Henderson, Colorado 80640 <br />Dear Mr. Frei: <br />III IIIIIIIIIIIII III <br />RECE11/ED <br />MINED LANO <br />CtECLAMATION DIVISION <br />I am writing to you regarding the unauthoriz::r; disc~iarge of <br />fill material in "waters of the United States." The unauthorized <br />discharge occurred in wetlands adjacent to the Colorado River at <br />your Silt gravel pit near the Town of Silt in Garfield County, <br />Colorado within Section 11, Township 6 South, Range 92 West. <br />During routine aerial reconnaissance, personnel from our <br />Grand Junction Regulatory field office observed gravel materials <br />stockpiled in wetland adjacent to the Colorado River. On July <br />15, 1988, we inspected the site with Mr. Fred Wingstrom and <br />verified that material was being stockpiled in wetland subject to <br />Clean Water Act jurisdiction. <br />The United States Army, Corps of Engineers, exercises <br />regulatory jurisdiction over "waters of the United States" under <br />Section 404 of the Clean Water Act (33 USG 1344). "Waters of the <br />United States" include the territorial seas, rivers, streams, <br />their lakes and impoundments, and wetlands. Federal law requires <br />any individual or entity proposing to discharge dredged or fill <br />material into "waters of the United States" obtain a Department <br />of the Army permit prior to commencement of such a discharge. <br />Our records indicate that a permit has not been issued for this <br />discharge. <br />Therefore, I am hereby directing you to cease and desist <br />from any further discharge of dredged or fill material into <br />"waters of the United States." I am further directing you to <br />remove the unauthorized stockpile from wetland and provide me <br />with your plan to restore the vegetation by September 30, 1988. <br />Please be aware that the Clean Water Act allows for severe civil <br />penalties for the unauthorized discharge of dredged or fill <br />material into "waters of the United States." <br />We understand that you intend to extract gravel from a <br />considerable portion of this property adjacent to the active pit. <br />During our inspection on July 15, 1988, we observed that portions <br />