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DEPARTMENT OF THE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />CORPS OF ENGINEERS <br />1325 J STREET <br />REPLY TO SACRAMENTO, CALIFORNIA 95814 <br />ATTENTION OF <br />March 6, 2009 <br />Regulatory Division (SPK-2009-162) <br />Mr. Russell Means <br />_Division of Reclamation, Mining, and Safety <br />1313 Sherman-Street, Ro-dm-2r5 <br />Denver, Colorado 80203 <br />Dear Mr. Means: <br />9-1q?-J^a%5 <br />Alw-01 <br />ECF??nr"P <br />V-1tQR i i nJ,,o,!9 <br />i?ar ;vsYigD, _ ?/ <br />Division Of <br />Minim ^J??>tY ?/ <br />We are responding to your January 21, 2009, request for comments on the Smith Pit No. <br />20 Reclamation Permit #M-78-085-CN-01 project. This project is located at Latitude 41.000°, <br />Longitude -107.8779°, within Section 18, Township 12, Range 93, Moffat County, Colorado. <br />Your identification number is M 78-085. <br />The Corps of Engineers' jurisdiction within the study area is under the authority of <br />Section 404 of the Clean Water Act for the discharge of dredged or fill material into waters of <br />the United States. Waters of the United States include, but are not limited to, rivers, perennial or <br />intermittent streams, lakes, ponds, wetlands, vernal pools, marshes, wet meadows, and seeps. <br />Project features that result in the discharge of dredged or fill material into waters of the United <br />States will require Department of the Army authorization prior to starting work. <br />To ascertain the extent of waters on the project site, the applicant should prepare a <br />wetland delineation, in accordance with the "Minimum Standards for Acceptance of Preliminary <br />Wetland Delineations", under "Jurisdiction" on our website at the address below, and subrnit it to <br />this office for verification. A list of consultants that prepare wetland delineations and permit <br />application documents is also available on our website at the same location. <br />The range of alternatives considered for this project should include alternatives that avoid <br />impacts to wetlands or other waters of the United States. Every effort should be made to avoid <br />project features which require the discharge of dredged or fill material into waters of the United <br />States. In the event it can be clearly demonstrated there are no practicable alternatives to filling <br />waters of the United States, mitigation plans should be developed to compensate for the <br />unavoidable losses resulting from project implementation.