2009-01-07_PERMIT FILE - C1981022 (3)

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DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS COLORADO WEST REGULATORY BRANCH 400 ROOD AVENUE, ROOM 142 GRAND JUNCTION, COLORADO 81501 August 8, 2008 Regulatory Division (SPK-2008-1035 CW) RECEIVED AIJ~ ~ 1 J~~ James Kiger Oxbow Mining, LLC Post Office Box 535 Somerset, Colorado 81434 Dear Mr. Kiger: We are responding to your July 30, 2008, request for a Department of the Army permit for the Bear Creek Fan project. This approximately 2-acre project involves activities, including discharges of dredged or fill material, in waters of the United States to construct a pad for a surface ventilation fan for the Elk Creek Mine. The site is located on or near Bear Creek within the NE1/4 of Section 1, Township 13 South, Range 91 West, 6`h PM, Gunnison County, Colorado. Based on the information you provided, the proposed activity in approximately 0.15 acres of waters of the United States is authorized by Nationwide General Permit (NWP) number 50. Your work must comply with the general terms and conditions listed on the enclosed NWP information sheets and the following special conditions: 1. To document pre- and post-project construction conditions, you shall submit pre-construction photos of the project site prior to project implementation and post-construction photos of the project site within 30 days after project completion. . 2. You must sign the enclosed Compliance Certification and return it to this office within 30 days after cou~pletion of the authorized work. Attached to this verification is a preliminary jurisdictional determination (JD). Please sign the enclosed JD form and return to our office. Once we receive the signed form, your permit will be in effect. For more information regarding the appeal process or to receive an appeal form, please contact our office.