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DEPARTMENT OF THE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />CORPS OF ENGINEERS <br />1325 J STREET <br />SACRAMENTO CA 95814-2922 <br />REPLY TO <br />ATTENTION OF <br />September 4, 2009 <br />Regulatory Division SPK-2009-01245 <br />Kathy Welt <br />West Elk Mine <br />PO Box 591 <br />Somerset, Colorado 81434 <br />Dear Ms. Welt: <br />This concerns your proposed West Elk Mine MB-5E sedimentation pond project near the <br />North Fork Gunnison River. The project is located on the south bank of the North Fork Gunnison <br />River, Section 9, Township 13 S, Range 90 W, Latitude 38.9290805555556°, Longitude <br />-107.450158333333°, west of the Town of Somerset, Gunnison County, Colorado. <br />Based on the information you have provided, we have determined that the proposed work will <br />not discharge dredged or fill material within waters of the United States. The proposed work <br />consists of the following activities: <br />1) Installation of an access bridge across the North Fork of the <br />Gunnison River. This bridge will consist of a single span, with no <br />new fill (to include bridge abutments, rip-rap, etc.) to be placed <br />below the Ordinary High Water Mark (OHWM) of the North Fork <br />Gunnison River. <br />2) Expansion of the existing MB-5 pond (to be designated MB-5E) and <br />the appurtenant drainage pipeline. <br />3) Installation of a coal conveyor across Sylvester Gulch. The <br />conveyor will free-span Sylvester Gulch, and will be located outside <br />of the OHWM and associated wetlands. <br />Therefore, a Department of the Army Permit is not required for this work. Measures should be <br />taken to prevent construction materials and/or activities from entering any waters of the United <br />States. Appropriate soil erosion and sediment controls should be implemented onsite to achieve this <br />end. <br />Our disclaimer of jurisdiction is only for this activity as it pertains to Section 404 of the <br />Federal Clean Water Act and does not refer to, nor affect jurisdiction over any waters present on <br />site. Other Federal, State, and local laws may apply to your activities. Therefore, in addition to