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M7 <br />REPLY TO <br />ATTENTION OF <br />"Y DEPARTMENT OF THE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />CORPS OF ENGINEERS <br />1325 J STREET <br />SACRAMENTO CA 95814-2922 <br />November 2, 2009 <br />Regulatory Division SPK-2009-01475 <br />/ f' , low- o99 <br />NOV 0 6 2009 <br />DNiaWn of Reclafpaboll, <br />Mining and Safety <br /> <br /> <br />Mr. Pete Seigmund <br />Oldcastle SW Group, Inc. <br />2273 River Road <br />Grand Junction, Colorado 81502 <br />- - -- Dear Mr. S6-g-mun-ic ----- - <br />SCANNED <br />We are responding to the October 19, 2009 request for comments on the Spring Creek Pit <br />project, submitted by the Colorado Division of Reclamation, Mining, and Safety. This project is <br />located northwest of the City of Montrose in Section 11, Township 49 North, Range 10 West, <br />Latitude 38.5170°, Longitude -107.9469°, Montrose 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, you 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.