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JQ <br />"a, <br /> <br />Mr. Randy Schafer <br />4058 Co. Rd 21 <br />Haxtun, CO 80731 <br />DEPARTMENT OF THE ARMY <br />CORPS OF ENGINEERS, OMAHA DISTRICT <br />DENVER REGULATORY OFFICE, 9307 S. Wadsworth Boulevard <br />LITTLETON, COLORADO 80128-6901 <br />May 4, 2009 <br />RE: Elva Masters Proposed Gravel Mining Activity, North Fork Arikaree River <br />Corps File No. NWO-2009-1070-DEN <br />Dear Mr. Schafer: <br />Reference is made to the above-mentioned project located in the NE 4 of Section 32, T5S, <br />R51 W, Washington County, Colorado. <br />This project has been reviewed by Mr. Terry McKee of my office in accordance with Section <br />404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of <br />dredged and fill material, and any excavation activity associated with a dredge and fill project in waters <br />of the United States. <br />Based on the information provided, a Department of the Army (DA) Permit will not be required <br />for work at this site. Although a DA Permit will not be required for the project, this does not eliminate <br />the requirement that other applicable federal, state, and local permits be obtained as needed. <br />Please see the enclosed excerpt from 33 CFR parts 328 of the Federal Register regarding <br />excavation activities. My office requires that the description outlined in this excerpt be strictly adhered <br />to. Also, if my office receives information regarding any action or work that resulted in the placement of <br />dredged or fill material, either temporary of permanent, below the ordinary high water mark of the pond <br />or in the wetlands or the excavation does not follow the description of the 33 CFR excerpt, the activity <br />will be considered a violation of Section 404 of the Clean Water Act and you will be ordered to cease <br />and desist the work. At that time the violation will be referred to the Environmental Protection Agency <br />for possible enforcement action that may result in restoration of waters of the U.S., which includes <br />wetlands. Also, the landowner and any other person associated with the violation may be subject to <br />enforcement action. <br />We have prepared a Preliminary Jurisdictional Determination (JD) which is a written indication <br />that wetlands and waterways within your project area may be Waters of the United States (attached). <br />Such waters will be treated as jurisdictional Waters of the US for purposes of computation of impacts <br />and compensatory mitigation requirements. If you concur with the findings of the Preliminary JD, please <br />sign it and return it to the letterhead address within two weeks. If you believe the Preliminary JD is <br />inaccurate, you may request an Approved JD, which is an official determination regarding the presence <br />or absence of Waters of the US. If an approved JD is requested, the Corps will complete one and you <br />may not begin work on the proposed project until after the Approved JD is complete. If you do not want <br />the Corps to complete an Approved JD, you may proceed with the proposed project.