2011-03-14_PERMIT FILE - M2010084

Home Browse Search

Dustin Czapla Environmental Protection Specialist -, 02A March 3, 2011 Department of Natural Resources j? Division of Reclamation, Mining and Safety 101 South 3`d, Suite 301 Grand Junction, CO 81501 RECEIVED MAR 212011 Dlvislon of Reclamation, Mining & Safety RECEIVED MAR 14 2011 "'W JUNCTION FIELD QFF RECLgM,q? N M NI G 3AFM Re: Lost Cause Pond, Permit/File No. M-2010-084, Comments Regarding 110c application Dear Mr. Czapla: In regard to your letter dated February 24, 2011, in which Nathan Green from the U.S. Army Corp of Engineers responded to a letter from you, please find the following answers. Mr. Green stated that "it appears that there are waters of the United States present within the Section 35, Township 2 South, Range 98 West. However, the attached map was not detailed enough for me to determine whether or not the project will impact them or not. Specifically, Eureka Creek is likely considered to be a water of the United States. It is also possible that there are wetlands associated with the creek or any seeps or springs within the project area." It should be notated Eureka Creek drainage is a dry drainage. Only when there is unusually sudden thawing of snows or an occasional severe thunderstorm/cloudburst during summer does the drainage contain any water if it is not already soaked up by the dry vegetation and natural landscape, which is why siltisediment has been deposited / captured in the stock water pond. As observed by you and I in your office at the end of January 2011, in which we looked up the coordinates on Google Earth, it was easy to see that the natural vegetation is dry consisting of native grasses, rangeland shrubs, predominately rabbit brush and sage brush which is reflective of the fact that this is a natural, dry terrain and that any water flow is purely seasonal and not abundant. Please note that there are not any wetlands, seeps or springs directly within the project area. This is a very dry drainage region and as notated in the application 6.3.2(c), "any/all rainfall within the disturbed area will permeate into the soil, or if in excess, will run into the pond. The water flowing into the pond from Eureka Creek and Little Side Gulch is of seasonal flow. " Not to mention the factor of evaporation that occurs. Mr. Green also stated, "If this project may result in any discharge (placement) of dredged or fill material within any waters of the United States, it is the applicant's responsibility to obtain a Department of the Army 404 permit. "