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?0.-1 DEPARTMENT OF THE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />n' ^ _? ?? <br />CORPS OF ENGINEERS a <br />COLORADO WEST REGULATORY BRANCH <br />400 ROOD AVENUE, ROOM 142 RP-CEIVED <br />GRAND JUNCTION, COLORADO 81501-2563 <br />FEB U 6 2009 <br />February 3, 2009 Division of Reclamation, I:p <br />Mining and Safety <br />Regulatory Division (SPK-2008-1200) <br />Mr. Scot Brennise <br />390 Yampa Drive <br />Craig, Colorado 81625 <br />Dear Mr. Brennise: <br />We are responding to your request for our comments on your proposed mining plan for the <br />Breeze Basin Gravel Pit Project. This site is located wi mth Section 3, Township 7 North, Range <br />90 West, 6th PM, Latitude 40.501° North, Longitude -107.705° West, Moffatt County, Colorado. <br />This 62-acre site contains approximately 14.36 acres of jurisdictional wetlands. The proposed <br />project involves activities in waters of the United States to extract gravel using what is described as <br />"excavation only" techniques within the wetland boundaries in order to avoid regulation under <br />Section 404 of the Clean Water Act. This site is located within Section 36, Township 1 North, <br />Range 97 West, 6th PM, Latitude 40.093° North, Longitude 108.229° West, Rio Blanco County, <br />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.