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i/ <br />DEPARTMENT OF THE ARMY" <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />CORPS OF ENGINEERS <br />COLORADO WEST REGULATORY BRANCH <br />400 ROOD AVENUE, ROOM 142 <br />REPLY TO GRAND JUNCTION, COLORADO 81501-2563 <br />ATTENTION OF <br />Regulatory Division (SPK-2008-1038) <br />Mr. Larry Johnson <br />Connell Resources, Incorporated <br />4305 East Harmony <br />Fort Collins, Colorado 80528 <br />Dear Mr. Johnson: <br />January 7, 2009 <br /> <br />0100 L/ <br />??apo <br />AN-O) <br />RLICE G® <br />JAN 0 9 2009 ? <br />Division of Reclamation, <br />Mining and Safety We are responding to your request for our comments on your proposed mining plan for the <br />White River City Gravel Pit project. This 160-acre site contains approximately 29.9 acres of <br />jurisdictional wetlands. The proposed project involves activities in waters of the United States to <br />extract gravel using what is described as "excavation only" techniques within the wetland <br />boundaries in order to avoid regulation under Section 404 of the Clean Water Act. This site is <br />located within Section 36, Township 1 North, Range 97 West, 6tn PM, Latitude 40.093° North, <br />Longitude 108.229° West, Rio Blanco County, Colorado. <br />Based on conversations with you and your consultant regarding this project, you are <br />proposing to mine the wetlands in a manner that is intended to avoid regulation under Section <br />404 of the Clean Water Act. A Department of the Army permit is normally required for the <br />discharge of dredged or fill material into waters of the United States, including wetlands. Please <br />be aware that we do not believe that it will be possible for you to avoid any and all discharges of <br />dredged or fill material within waters of the United States over the life of the project, because it <br />is unlikely that the procedures outlined can be carried out with the requisite precision and care to <br />prevent all error and accidental discharge. There is a high probability for discharges of dredged <br />or fill material into the wetlands during operation, which would result in an unauthorized <br />discharge. <br />If we become aware of any discharge of dredged or fill material into waters of the United <br />States associated with this project, we will immediately forward this case to the Environmental <br />Protection Agency (EPA) for prosecution as a violation of the Clean Water Act. A violation can <br />result in fines up to $50,000.00 per day of violation, up to three years in prison, or a combination <br />of both.