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DEPARTMENT OFTHE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />CORPS OF ENGINEERS ~~ <br />1325 J STREET <br />aEal.Tro SACRAMENTO, CALIFORNIA 958142922 <br />ATTENTION OF October 22, 2003 <br />Regulatory Branch (200375358) <br />Mr. Carl B. Mount <br />Division of Minerals and Geology /' <br />Department of Natural Resources ,Ses- <br />1313 Sherman Street, Room 215 ~3Lh{~I~r+~ <br />Denver Colorado 80203 m4 `hs <br />~yf~pf- 0~0 CA/-0 ( <br />UC7' 2 4 2003 <br />'^:i;ion of Minerals and Geolo~° <br />6~; f <br /> <br />(Z ~ ~ Co,~.~•~ <br />.Dear Mr-. Mount: - - --- - <br />We are responding to your written request for comment on the <br />Deakins Gravel Pit Expansion, permit #M-2001-060. The project is <br />located near an unnamed wetland in the City of Craig within <br />Section 6, Township 6 North, Range 90 West, Moffat County, <br />Colorado. <br />In accordance with Section 404 of the Clean Water Act, a <br />Department of the Army permit is required for any discharge <br />(including mechanized land clearing) of dredged or fill material <br />in waters of the United States. Within the context of Section <br />404, "waters of the United States" are defined as the territorial <br />seas; perennial and ephemeral streams; lakes, ponds, <br />impoundments; and wetlands. Federal law requires that any <br />individual or entity proposing to discharge into waters of the <br />United States obtain a Department of the Army permit prior to <br />commencing such work. <br />Phase three of the proposed expansion contains a relatively <br />large wetland complex. If a mining permit is issued, phase three <br />must be excluded from extraction until a Department of the Army <br />permit is obtained. It appears that there are less damaging <br />practicable alternatives to mining this area as Mr. Deakins owns <br />a large upland area on the north side of 1st street from this <br />property. Mr. Nathan Green of this office met on site with Mr. <br />Steve Baker on two separate occasions. During these meetings he <br />expressed the need to mine approximately two upland acres at the <br />north end of the existing mine before the end of the year. We do <br />not have concerns about the mining of this area. <br /> <br />