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REPLY TO <br />ATTENTION OF <br />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 />October 23, 2009 <br />Regulatory Division SPK-2009-01434 <br />Mr. G. Russell Means <br />Division of Reclamation, Mining, and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />AM-0 <br />? OCT 2 6.009 <br />„l Div"n of Reclamation, <br />` // Wing and Safety <br />- - - Dear Mr. Means:_ __ --- - -- - - - -- ?- - -- <br />We are responding to your October 5, 009 request for comments on the J Birds Mine <br />project assigned Permit No. M-2005-050.?The project is located within Section 13, Township 47 <br />North, Range 20 West, Latitude 38.3285°, Longitude -109.0265°, Montrose County, Colorado. <br />The Corps of Engineers' jurisdiction within the study area is under the authority of Section <br />404 of the Clean Water Act for the discharge of dredged or fill material into waters of the United <br />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 wetland <br />delineation, in accordance with the "Minimum Standards for Acceptance of Preliminary Wetland <br />Delineations", under "Jurisdiction" on our website at the address below, and submit it to this <br />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. <br />Please refer to identification number SPK-2009-01434 in any future correspondence <br />concerning this project. If you have any questions, please contact Carrie Rinderle at Colorado <br />West Regulatory Branch, 400 Rood Avenue, Room 142, Grand Junction, Colorado 81501, email <br />Carrie.A. Rinderle@usace. army. mil, or telephone (970) 243-1199, extension 14. For more