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<br />REPLY TO <br />ATTENTION OF <br />K- 11,19 , Cd-a t / <br />? DEPARTMENT OF THE ARMY RECEIVED <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO ? AUG ORPS OF ENGINEERS G 2 Zoo9 <br />1325 J STREET <br />SACRAMENTO CA 95814-2922 <br />Division of Reclamation, <br />Mining and Safety <br />August 18, 2009 <br />Regulatory Division SPK-2009-01097 <br />Mr. Travis Marshall <br />Environmental Protection Specialist <br />- --State-Of Colorado- - - -,---- . - ---- <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Marshall: <br />We are responding to your August 3, 2009 request for comments on the Moonscape Pit <br />project. The project is located at Seep Creek within Section 8ship 15 South, Range 96 <br />West, Latitude 38:71902°, Longitude -108.1248°, Delta County, Colorado. <br />The Corps of Engineers' jurisdiction within the study area is under the authority of Section <br />404 of the Clean Water Act for the discharge of dredged or fill material into waters of the United <br />States. Waters of the United' States include, but are not limited to, rivers, perennial or <br />intermittent streams, lakes, ponds, wetlands, vernal pools, marshes, wet meadows, and seeps. <br />Project features that result in.the discharge of dredged or fill material into waters of the United <br />States will require Department of the Army authorization prior to starting work. <br />To ascertain the extent of waters on the project site, the applicant should prepare a wetland <br />delineation, in accordance with the "Minimum Standards for Acceptance of Preliminary Wetland <br />Delineations", under "Jurisdiction" on our website at the address below, and submit it to this <br />office for verification. A list of consultants that prepare wetland delineations and permit <br />application documents is also available on our website at the same location. <br />The range of alternatives considered for this project should include alternatives that avoid <br />impacts to wetlands or other waters of the United States. Every effort should be made to avoid <br />project features which require the discharge of dredged or fill material into waters of the United <br />States. In the event it can be clearly demonstrated there are no practicable alternatives to filling <br />waters of the United States, mitigation plans should be developed to compensate for the <br />unavoidable losses resulting from project implementation.