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r <br />~- <br />January 25, 199 <br />Regulatory Section (1990009061 <br />Mr. Charles R. Ponchak <br />Peck Incorporated <br />Post Office Box 278 <br />Ouray. Colorado 81427 <br />Dear Mr. Ponchak: <br />We have reviewed the letter and revised mining plan you <br />submitted on behalf of Mr. Nick Peck dated January 5, 1991. The Jp00BSON <br />Department of the Army permit application advertised under public <br />notice 199000906 has been withdrawn as requested. <br />It appears that the revised pro,iect as described in the <br />recent mining plan submitted to the Colorado Mined Land <br />Reclamation Board will not require a Department of the Army M(N[IRE <br />permit. We caution you that a discharge of dredged and/or fill <br />material below the ordinary high water elevation (OHW1 of <br />the river or in wetlands without benefit of a permit will <br />constitute a violation of Section 404 of the Clean Water Act <br />and be subject to enforcement actionlsf. A permit will be <br />required if material is stockpiled, placed for access and road <br />construction, or for any other reason discharged below the ORW <br />or in wetlands. The relocation of alluvial material within the <br />OHw of the river or within wetlands i.e. alluvial berms would <br />also require a permit. <br />If you have any questions, contact Ken Jacobson at telephone <br />13031 243-1199. <br />Sincerely, <br />Grady L. McNure <br />Chief, Western Colorado Regulatory <br />Office <br />402 Rood Avenue, Room 142 <br />Grand Junction, Colorado 81501-2563 <br />cc: <br />Opr Br <br />Reg Unit 4 <br />