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1 <br />~ DEPARTMENT OF THE ARMY <br />' le~ SACRAMENTO DISTRICT CORPS OF EN GIN EERS <br />650 CAPITOL MALL <br />SACRAMENTO CALIFORNIA 95814 4794 <br />' REPLY iO <br />AtT ENTION OF <br />' June 7, 1990 <br />Regulatory Section <br />1 <br />Mr. Jim Ross <br />' Intermountain Real Estate <br />1620 East Highway 40 <br />Craig, Colorado 81625 <br />Dear Mr. Ross: <br />This is in response to your letter dated May 23, 1990 <br />' concerning development of a gravel extraction operation on your <br />property located adjacent to the Yampa River, near the Town of <br />Craig in Moffatt County, Colorado. <br />The Department of the Army, Corps of Engineers, exercises <br />regulatory jurisdiction on rivers, streams, lakes, impoundments, <br />and wetlands. Section 404 of the Clean Water Act requires that <br />' any individual or entity proposing to discharge dredged or fill <br />material into these "waters of the United States" obtain a <br />Department of the Army permit prior to such a discharge. <br />On April 12, 1990, Martin Miller of this office met with you <br />and inspected the site of ,your proposed gravel pits. Mr. Miller <br />' explained that the site contained federally regulated wetlands <br />and that a Department of the Army permit would be required for <br />the discharge of any dredged or fill material into these <br />wetlands. <br />' In your letter, you describe your project as involving only <br />excavation of gravel from the bottom of the inundated wetland <br />' areas. As explained by Mr. Miller in April, a Department of the <br />Army permit is not required for the removal of material from <br />the bottom of these wetlands. However, if your project includes <br />activities which involve a discharge of dredged or fill material <br />into wetlands or other "waters of the United States", a Depart- <br />ment of the Army permit is required. Some of these activities <br />include construction of diversion dikes, levees, sedimentation <br />ponds, dams, access roads, and staging areas and grading and <br />topsoiling of disturbed areas. <br /> <br />1 <br />36 <br />