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• DEPARTMENT OF THE ARM <br />SACRAMENTO OISTRIC T. CORPS OF ENGINEERS <br />650 CAPITOL MALL <br />SACRAMENTO. CALIFORNIA 959144794 <br />REPLY TO <br />wTTENTION OF <br />October 21, 1988 <br />III IIIIIIIIIIIIIIII <br />999 <br />-_ ``_, <br />kegulatary Section l88-Utill r~,~~ '; -. ~ '" <br />o;,~r ° ~ ~9Ga <br />Mr. Steven L. O'Brian ir.;:~..-.- •~~• <br />Environment, Incorporated ~~LL.I_! .I:;:,!.~'• ~!'~ ~~~~~' <br />9989 West 60th Avenue <br />Arvada, Colorado 80004 <br />llear Mr. O'Brian: <br />I am responding to your letter dated September 1'l, 1988 <br />concerning the Albert Frei and Sons, Inc. Silt Pit. four <br />correspondence also contained an "Application f'or a Mitred Lard <br />Reclamation Permit" for the Silt Pit dated September 1981. <br />W'e have revier.•ed the document referenced above and our <br />regulations regarding the excavation and reclamation of gravel <br />pits. Typically, the Corps of Engineers does not regulate the <br />discharge of dredged or fill material into water-filled <br />depressions created in drv land for the purpose of obtaining <br />fill, sand, or gravel unless and until the operation has been <br />abandoned. However, in this instance, the Phase 1 pit was not <br />excavated entirely from dry land. Future mining phases will <br />also occur in wetland areas. <br />The partial excavation of a "water of the United States" <br />which results in the creation of an open water body- or wetland <br />effectively expands our ,jurisdiction into that area. We have. <br />determined that the Phase 1, waterfill pit is a "Water of the <br />United States" and that future pits which involve the excavation <br />of wetlands will also become "waters of the United States." This <br />is consistent with our responses to other recent inquiries <br />regarding the Corps of Engineers' regulatory jurisdiction <br />involving gravel extractions within western Colorado. <br />Accordingly-, the discharge of fill material into the pitls) <br />during reclamation will require a Department of the Arm}• permit <br />prior to the initiatior, of reclamation. Retention of the <br />stockpiled material in wetlands will require submittal of an <br />after-the-fact Department of the Army- permit application. 1 am <br />enclosing a Department of the Arm}~ permit application and <br />information booklet for your use and guidance. <br />