2009-11-23_PERMIT FILE - M2009079

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DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO CA 95814-2922 REPLY TO ATTENTION OF November 19, 2009 Regulatory Division SPK-2009-01565 Mr. G. Russell Means Division of Reclamation, Mining, and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 C2- mo NOV 2 3 2009 Divi6@w of Reclamation, Mining and Safety Dear Mr. Means: ?j• We are responding to your October 19, 2009 request for comments on the Precision Excavating, Inc., Peroulis Brothers Snake River Pit project. The project is located within-Section 30, Township 11 North, Range 95 West, Latitude 40.8815132° North, Longitude -108.1036° West, Moffat County, Colorado. Your identification number is M-2009-079. The Corps of Engineers' jurisdiction within the study area is under the authority of Section 404 of the Clean Water Act for the discharge of dredged or fill material into waters of the United States. Waters of the United States include, but are not limited to, rivers, perennial or intermittent streams, lakes, ponds, wetlands, vernal pools, marshes, wet meadows, and seeps. Project features that result in the discharge of dredged or fill material into waters of the United States will require Department of the Army authorization prior to starting work. To ascertain the extent of waters on the project site, the applicant should prepare a wetland delineation, in accordance with the "Minimum Standards for Acceptance of Preliminary Wetland Delineations", under "Jurisdiction" on our website at the address below, and submit it to this office for verification. A list of consultants that prepare wetland delineations and permit application documents-is also available on our website at the same location. The range of alternatives considered for this project should include alternatives that avoid impacts to wetlands or other waters of the United States. Every effort should be made to avoid project features which require the discharge of dredged or fill material into waters of the United States. In the event it can be clearly demonstrated there are no practicable alternatives to filling waters of the United States, mitigation plans should be developed to compensate for the unavoidable losses resulting from project implementation.