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M- IISO -tom <br />REPLY TO <br />ATTENTION OF <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 />March 18, 2010 <br />Regulatory Division SPK-2009-01717 <br />Leon Moores <br />Moores Mining, LLC <br />32906 Hwy 141 <br />Gateway, Colorado 81522 <br />Dear Mr. Moores: <br />CfJ -61 <br /> <br />RECEVED <br />PEAR 2 2 20"10 <br />Division of Reclamation, <br />Mining & Safety <br />We are responding to your request, submitted by Rare Earth Science dated February 5, <br />2010, for a wetland opinion on an expansion plan for the Moores Mining aggregate operation. <br />The project site is located north of Gateway within Section 2, Township 15 South, Range 103 <br />West, Latitude 38.7767°, Longitude -108.8715°, Mesa County, Colorado. <br />Based on the information you have provided and our March 15, 2010 site visit, we have <br />determined that the proposed work will not result in the discharge of dredged or fill material within <br />waters of the United States. Therefore, a Department of the Army Permit is not required for this <br />work. Measures should be taken to prevent construction materials and/or activities from entering <br />any waters of the United States. Appropriate soil erosion and sediment controls should be <br />implemented onsite to achieve this end. <br />Our disclaimer of jurisdiction is only for this activity as it pertains to Section 404 of the <br />Federal Clean Water Act and does not refer to, nor affect jurisdiction over any waters present on <br />site. Other Federal, State, and local laws may apply to your activities. Therefore, in addition to <br />contacting other Federal and local agencies, you should also contact state regulatory authorities <br />to determine whether your activities may require other authorizations or permits. <br />Please refer to identification number SPK-2009-01717 in any correspondence concerning <br />this project. If you have any questions, please contact Carrie Sheata at Colorado West <br />Regulatory Branch, 400 Rood Avenue, Room 142, Grand Junction, Colorado 81501, email <br />Carrie. A. Sheata@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 Bachini Nall <br />Chief, Colorado West Regulatory Branch