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DEPARTMENT OFTHE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET nEPLY TO SACRAMENTO, CALIFORNIA 958142922 ATfENIION OF October 25, 2001 Regulatory Branch (200175455) Mr. Thomas Gillis Colorado Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Gillis: III IIIIIIIIIIIIIIII 999 RECEIVED ocr 2 s toot Division of Minerals and CeoloBY We are responding to your written request for comment on the proposed BLM Pit Number 1, File Number M-2001-100. The project is located south of the Colorado River within the NE 1/4 of the NE 1/4 of Section 35, Township 1 South, Range 1 East, Mesa 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 streams; lakes, ponds, impoundments; and wetlands. Federal law requires that any 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. We have assigned number 200175455 to this project. Please refer to this number if a Department of the Army permit is required on this development protect. if you ?:ave any q~_lestions, please write to me or telephone (970) 243-1199, extension 12. Sincerely, ~ .s~ Randy S der Ecologist Colorado/Gunnison Basin Regulatory Office 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501 Enclosure