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REPLY TO <br />ATTENTION OF <br />January 7, 2010 <br />aw- 0i <br />RECEIVED <br />JAN 112010 <br />,six <br />Division of Reclamation, <br />Mining & Safety <br />Regulatory Division SPK-2009-01717 <br />Leon Moores <br />Moores Mining, LLC <br />32906 Hwy 141 <br />Gateway, Colorado 8.1522 <br />Dear Mr. Moores: / <br />We are responding to the State's December 22, 2009 request for comments on the Moores <br />Mining project. The project is located north of Gateway within Section 2, Township 15 South, <br />Range 103 West, Latitude 38.7767°, Longitude -108.8715°, Mesa 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 enclosed and is also available on our website. <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 />DEPARTMENT OF THE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />CORPS OF ENGINEERS <br />1325 J STREET <br />SACRAMENTO CA 95814-2922