2015-04-07_REVISION - M2012032 (3)

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��,o DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT 1325 J STREET " SACRAMENTO CA 95814 -2922 REPLY TO ATTENTION OF April 2, 2015 Regulatory Division SPK- 2012 -00953 Mr. Bob Oswald Colorado Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Oswald: RECEIVED APR r] 7 201 DIVISION OF RECLAMATION MINING AND SAFETY We are responding to the Colorado Division of Reclamation, Mining and Safety's March 18, 2015, request for comments on the Amendment application to permit # M- 2012 -032- Revenue Mine. The approximately 88 -acre site is located on Fortune Revenue /line property near Sneffels Creek, approximately five miles southwest of the City of Ouray, within Section 21, Township 43 North, Range 8 West, New Mexico Principal Meridian, Latitude 37.97477 °, Longitude -107.74901', Ouray County, Colorado. The Corps of Engineers' jurisdiction within the study area is under the authority of Section 404 of the Clean Water Act for the discharge of dredged or fill material into waters of the United States. Waters of the United States include, but are not limited to, rivers, perennial or intermittent streams, lakes, ponds, wetlands, marshes, wet meadows, vernal pools and seeps. Project features that result in the discharge of dredged or fill material into waters of the United States will require Department of the Army authorization prior to starting work. The Corps previously made a Preliminary Jurisdiction Determination on 43 acres on August 20, 2013 for previous owners Silver Star Resources verifying approximately 5.55 acres of wetlands and other water bodies present within the survey area as potential waters of the U.S. regulated under section 404 of the Clean Water Act. On April 22, 2014, the Corps issued a Nationwide Permit (NWP 44) Mining Activities for the permanent impacts to approximately 0.21 acre of the Revenue Pond. If there is any change to surface impacts or impacts to waters of the United States from our original approval, a Corps permit amendment or new permit may be required. We have assigned Corps identification number SPK- 2012 -00953 to this project. Please refer to this number in any correspondence concerning this project. If you have any questions, please contact Tyler Adams at the Colorado West Regulatory Branch, 400 Rood Avenue, Room 224, Grand Junction, Colorado 81501, by email at Tyler.R.Adams @usace.army.mil, or telephone at 970 - 243 -1199, extension 13. For