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DEPARTMENT OFTHE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET nea~rio SACRAMENTO, CALIFORNIA 95814-2922 ATfENf10N OF March 11, 2003 Regulatory Branch (200375083) /~'! - (448- a i~ / gym- ~ ~ RECEIVED MAR 13 2003 ~ Dillision of Minerals and Geology Mr. Carl Mount Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Mount: We are responding to your written request for comment on the Gypsum Ranch Gravel Pit amendment application (DMG-Permit No. M- 1998-014, Am-1) The project site is located at the Eagle River near the Town of Gypsum in Sections 3 and 4, Township 5 South, Range 85 West, Eagle County, Colorado. In accordance with Section 404 of the Clean Water Act, a Department'of the Army permit is.required for any discharge (including mechanized land clearing) of dredged or fill material in waters of the United States. Within the context of Section 404, "waters of the United States"'are defined as the territorial seas; perennial and ephemeral: streams; lakes, ponds, impoundments; and wetlands. Federal law requires that any individual or entity proposing to discharge into waters o£ the United States obtain a Department of the Army permit prior to commencing such work. Specifically, we have identified waters of the U.S. (remnant overflow channel to the Eagle River) within the amended permit boundary. We have assigned number 200375083 to this project. Please refer to this number if a Department of the Army permit is required on this development project. If you have any questions, please write to me at the address below or telephone (970) 243-1199, extension 15. Sincerely, ~"~`i"' Mark Gilfil n, Regulatory Biologist Colorado/Gunnison Basin Regulatory Office .. - 402 'Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Eagle County; Post Office'BOx 850, Eagle, Colorado 81631