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DEPARTMENT OF THE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />CORPS OF ENGINEERS <br />COLORADO WEST REGULATORY BRANCH <br />400 ROOD AVENUE, ROOM 142 <br />GRAND JUNCTION, COLORADO 61501-2563 <br />July 24, 2008 <br />Regulatory Division (SPK-2005-75068) <br />Mr. Brett Fletcher <br />West Water Engineering <br />2516 Foresight Circle, Suite #1 <br />Grand Junction, Colorado 81505 <br />Dear Mr. Fletcher: <br />This concerns United Companies, Scott Expansion to the <br />Chambers Pit proposed aggregate mining project at the Colorado <br />River near the City of Rifle, Colorado. The project site is <br />located within Section 15, Township 93 West, Range 6 South, <br />Garfield County. <br />Based on the information you have provided and in accordance <br />with the Tulloch II ruling and Sacramento District guidance, we <br />have determined the proposed excavation work for Mining Areas 1 <br />anU"2, as depicted on Map 2: Mine Extents, Scott Expansion to the <br />Chambers Pit, United Companies, dated March 11, 2008, prepared by <br />Greg Lewicki and Associates, PLLC, is an exempt activity. <br />Therefore, a Department of the Army Permit is not: required for <br />your excavation-only type work, in waters of the United States and <br />identified on the above-referenced map as D to D1. Please be <br />advised that future fill actions at Mining Area 2 (temporary or <br />permanent deposits or stockpiles, regardless of volume) in space <br />previously identified as waters of the United States, may be a <br />jurisdictional activity and subject to regulation. <br />Measures should be taken to prevent construction materials <br />and/or activities from entering any waters of the United States, <br />including wetlands, along the haul road and wetland buffer area <br />depicted on Map 4, Road Buffer from wetlands Detail, Scott <br />Expansion to the Chambers Pit, United Companies, dated March 11, <br />2008. Appropriate soil erosion and sediment controls should be <br />implemented on site to achieve this end. <br />Our disclaimer of exempted activity is onl?,r for Section 404 <br />of the Federal Clean Water Act (CWA). Other Federal (i.e., <br />Section 401 and/or 402 of the CWA), State, and :local laws may <br />apply to your activities. Therefore, in addition to contacting <br />other Federal and local agencies, you should also contact state <br />regulatory authorities to determine whether your activities may <br />require other authorizations or permits.