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,.r"K <br />DEPARTMENT OF THE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO d /dD?q ?3Cj <br />CORPS OF ENGINEERS <br />1325 J STREET <br />SACRAMENTO CA 95814-2922 <br />REPLY TO <br />ATTENTION OF <br />January 13, 2010 <br />Fiq- 0[ <br />RECEIVED <br />Regulatory Division SPK-2009-00800 <br />Mr. Martin Azcarraga <br />MA Concrete Construction <br />2323 River Road <br />Grand Junction, Colorado 81505 <br />JAN 19 2010 <br />?p Division of meclamation, <br />Mining and Safety <br />Dear Mr. Azcarraga: <br />We are responding to your request for jurisdictional determinations, submitted by Rare Earth <br />'Science, for the proposed MA Concrete Gravel Pit project. The project is located at 32.5 D Road <br />within the City of Clifton in Section 14, Township 1 South, Range 1 East, Latitude 39.0636°, <br />Longitude -108.4496°, Mesa 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. Therefore, a Department <br />of the Army Permit is not required for this work. Measures should be taken to prevent construction ~ <br />materials and/or activities from entering any waters of the United States. Appropriate soil erosion <br />and sediment controls should be implemented onsite to achieve this end. <br />Please be aware that our disclaimer of jurisdiction is only for this activity as it pertains to <br />Section 404 of the Federal Clean Water Act and does not refer to, nor affect jurisdiction over any <br />waters present on site. Other Federal, State, and local laws may apply to your activities. . <br />Therefore, in addition to contacting other Federal and local agencies, you should also contact <br />State regulatory authorities to determine whether your activities may require other authorizations <br />or permits. _ <br />Please refer to identification number SPK-2009-00800 in any correspondence concerning <br />this project. If you have any questions, please contact Carrie Rinderle at our Colorado West <br />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. We appreciate <br />your feedback. At your earliest convenience, please tell us how we are doing by completing the <br />customer survey on our website under Customer Service Survey. <br />Sincerely, <br />Susan Bac ini Nall <br />Colorado West Regulatory Branch