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(;Rm <br />REPLY TO <br />ATTENTION OF <br />V <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 />? ?- aoo? -ova, <br />CERTIFIED MAIL RETURN RECEIPT REQUESTED <br />November 12, 2009 <br />/Regulatory Division SPK-2008-01200 <br />Mr. Scot Brennise <br />390 Yampa Drive <br />raig,_Colorado 81625 <br />Mr. Gayle Lyman <br />Property :Division Manager <br />Elam Construction, Incorporated <br />556 Struthers Avenue, <br />Grand Junction, Colorado 81501-3826 <br />Dear Messrs. Brennise and Lyman: <br /> <br />?? v <br />NOV`/ i i_. 9 <br /> <br />This letter concerns your unauthorized work in waters of the United States. The work is <br />located at, wetlands adjacent to the Yampa River in a gravel pit known as the Breeze Basin Pit, <br />approxitnately three miles east of the Craig Moffat Airport, within Section 3, Township 6 North, <br />Range 90 West, Latitude 40.5090448° north, Longitude -107.46960781° west, Moffat County, <br />Colorado. <br />Based on a site visit by Nathan Green of this office on October 26, 2009 and other available <br />information, we have determined that you have discharged dredged or fill material into wetlands <br />adjacent to the Yampa River, which are waters of the United States, without a Department of the <br />Army (DA) permit. Section 404 of the Clean Water Act requires a DA permit be obtained prior <br />to the discharge of dredged or fill material into waters of the United States, including wetlands. <br />Since a DA permit has not been issued authorizing this discharge, the work is in violation of the <br />Clean Water Act. Furthermore, since both of you had prior knowledge of the need for a permit <br />prior to your unauthorized activities through a previous meeting as well as a letter dated <br />February 3, 2009, we are considering this a knowing and flagrant violation. <br />You are hereby directed to cease and desist all work in waters of the United States until this <br />violation is resolved. We are conducting an investigation to determine the impact of this work as <br />it relates to public interest and the appropriate course of action to remedy the situation. Potential <br />enforcement actions, in addition to or in lieu of fines, penalties and imprisonment, include <br />directing removal of the unauthorized work and restoration of the site to pre-project conditions. <br />An extract of the law is enclosed. Prompt voluntary restoration of the site in accordance with a <br />Corps-approved plan may preclude some or all of these actions.