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RECD Ni --N I <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 />REPLY TO <br />ATTENTION OF <br />March 9, 2010 <br />Regulatory Division SPK-2009-01067 <br />David Zehner <br />Precision Excavating, Inc. <br />Post Office Box 790 <br />Hayden, Colorado 81639 <br />Dear Mr. Zehner: <br />We are responding to your request for comment on the proposed mining plan for the <br />Camilletti Milner Pit #2 project. This project involves activities in waters of the United States to <br />construct an aggregate mine on your property near the Yampa River. The project is located <br />approximately one mile south of the town of Milner, near the Yampa River within Section 15, <br />Township 6 North, Range 86 West, 40.47128650069° North Latitude, -107.02332468602° West <br />Longitude, Routt County, Colorado. <br />Based on conversations with you and your consultant regarding this project, you are <br />proposing to mine the wetlands in a manner that is intended to avoid regulation under Section <br />404 of the Clean Water Act. A Department of the Army permit is normally required for the <br />discharge of dredged or fill material into waters of the United States, including wetlands. Please <br />be aware that it is very difficult to avoid any and all discharges of dredged or fill material within <br />waters of the United States over the life of the project because the procedures outlined must be <br />carried out with the requisite precision and care to prevent all error and accidental discharge. <br />Please refer to identification number SPK-2009-01067 in any correspondence concerning <br />this project. If you have any questions, please contact Nathan Green at Colorado West <br />Regulatory Branch, 400 Rood Avenue, Room 134, Grand Junction, Colorado 81501-2563, email <br />Nathan. J. Green@usace.army. mil, or telephone 970-243-1199 x12. For more information <br />regarding our program, please visit our website at www.spk.usace.army.mil/regulatory.html. <br />Regulatory Project Manager <br />Colorado West Regulatory Branch