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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 />May 25, 2011 <br />Regulatory Division SPK- 2010 -00349 <br />Jim Stover <br />J. E. Stover & Associates, Inc. <br />2352 N.7th Street, Unit B <br />Grand Junction, Colorado 81501 <br />Dear Mr. Stover: <br />We are writing concerning your proposed Fmita Train Loadout project at the property <br />associated with the old Fruita Refinery. The project is located at Reed Wash in the Town of Mack <br />within Section 3 and 4, Township 1 North, Range 3 West, Latitude 39.17920, Longitude - <br />108.7928 °, Mesa County, Colorado. <br />Based on the April 28, 2011 "Amended PCN" your consultant (ERO Resources) provided, we <br />have determined that the proposed work will not result in the discharge of dredged or fill material <br />within waters of the United States. According to Regulatory Guidance Letter (RGL) 90 -08, pilings <br />were generally used for traditional pile - supported structures such as docks and bridges where the <br />effect, purpose, and function of the pilings were not to replace an aquatic area with dry land or to <br />change the bottom elevation of a water body. If the project is constructed according to your <br />submittal, the pilings in your project will not have the effect of fill on Reed Wash. Therefore, a <br />Department of the Army Permit is not required for this work. Please be aware that a Department <br />of the Army Permit is required when the placement of pilings in waters of the United States <br />results in the physical effect or functional use and effect of fill. Measures should be taken to <br />prevent construction materials and/or activities from entering any waters of the United States. <br />Appropriate soil erosion and sediment controls should be 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 />