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• <br />i <br />DEPARTMENT OF THE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />CORPS OF ENGINEERS <br />1325 J STREET <br />AFF~rro SACRAMENTO, CALIFORNIA 958142822 <br />ArrENnON OF July 25, 2001 <br />Regulatory Branch (200175291) RECEIVED <br />AUG 1 5 2001 <br />III IIIIIIIIIIIII III <br />Mr. Greg Lewicki <br />Greg Lewicki and Associates Division of M~ne~als and seo oyv <br />9054 S. Forrest Drive <br />Highlands Ranch, Colorado 80126 <br />Dear Mr. Lewicki: <br />Ie.SI. <br />~k /V~ - Zoo l -o-i-1 <br />2 am responding to your written request for comment on a <br />proposed gravel pit located at the confluence of Piceance Creek <br />and the White River. The project site is located approximately <br />18 miles west of Meeker downstream of Rio Blanco Lake within the <br />NW 1/4 of Section 2, Township 1 North, and the SW 1/4 of Section <br />35, Township 2 North, Range 97 West, Rio Blanco County, Colorado <br />l <br />NALL <br />U- <br />MCNURE <br />Specifically, you question whether any discharge of water <br />from the mined area into an oxbow wetland located adjacent to the <br />White River downstream of its confluence with Piceance Creek will <br />require a Department of the Army permit. In accordance with <br />Section 404 of the Clean Water Act, a Department of the Army <br />permit is required for any discharge (including mechanized land <br />clearing) of dredged or fill material in waters of the United <br />States. Within the context of Section 404, "waters of the United <br />States" are defined as the territorial seas; perennial and <br />ephemeral streams; lakes, ponds, impoundments; and wetlands. <br />Federal law requires that any individual or entity proposing to <br />discharge into waters of the United States obtain a Department of <br />the Army permit prior to commencing such work. Mr. Bill Bailey <br />of the United Companies visited Ms. Susar, Nall of this uifice <br />today to discuss the dewatering plan. Based on this visit and <br />our review of your proposal, we have determined that dewatering <br />into the oxbow wetland does not constitute a fill activity and <br />therefore does not require a Department of the Army permit. <br />