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-. <br />i W <br />DEPARTMENT OFTHE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRA TO <br />CORPS OF ENGINEERS <br />1325 J STREET <br />SACRAMENTO, CALIFORNIA 958142922 <br />REDLY TO <br />ATTENTION OF ~ April 11, 2006 <br />Regulatory Branch (200675107) <br />Geological Services <br />Mr. Doug Conger <br />711 Hartman Road <br />Cortez, Colorado 81321 <br />Dear Mr. Conger: <br />e~ Rem <br />V-~ <br />O ~~oo~ <br />O,~ a °~3;0~ d <br />D 1 J f '~'/s ~~ <br />IEf KISS ~4^clSro n~~ ~GEO/pg3' <br />n~-Z O0lo-tll{o // l <br />C:OG Ca/lCl /ion Qpn ,~o <br />This concerns the proposed McStone Aggregates, Perkins <br />Sandstone Mining project near Plateau Creek. The project is <br />located in Section 35, Township 40, Range 15, MDBSM, Dolores <br />County, Colorado. <br />Based on the information you have provided, it appears that <br />your proposed work will not involve the discharge of dredged or <br />fill material into waters of the United States. Therefore, a <br />Department of the Army Permit is not required for this work. <br />Measures should be taken to prevent construction materials and/or <br />activities from entering any waters of the United States. <br />Appropriate soil erosion and sediment controls should be <br />implemented onsite to achieve this end. <br />This determination is contingent upon your letter dated <br />April 7, 2006. According to the enclosed aerial photograph, <br />there area approximately 2 or 3 areas that could be considered a <br />waters of the US within your project site. Please ensure that <br />your activity does not impact these areas. If the project should <br />impact a waters of the US, you must notify this office to receive <br />the proper approvals. You are now considered aware of our <br />program. A violation of Section 404 of the Clean Water Act would <br />be penalized. Penalties may include fines up to $27,500 per day, <br />or imprisonment. <br />Please refer to identification number 200675107 in <br />correspondence concerning this project. If you have any <br />questions, please contact me at our Durango Regulatory Office, <br />278 Sawyer Drive, Suite #1, Durango, Colorado 81303, email <br />kara.a.hellige~usace.army.mil, or telephone 970-375-9452. You <br />may also use our website: www.spk.usace.army.mil/regulatory.html. <br />Sincerely, <br />ORIGINAL SIGNED <br />Kara A. Hellige <br />Chief, Durango Regulatory Office <br />Sacramento District <br />