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Corps of Engineers

Regolatary Branch

DEPARTMENT OF THE ARMY

BUFFALO DISTRICT, CORPS OF ENGINEERS

1776 NIAGARA STREET

BUFFALO, NEW YORK 14207-3199

SUBJECT: Permit Requirements for Work, Department of the Army No. 2008-

00727

This letter pertains to my April 17,2008 site visit to your property located a (address deleted for privacy). The Corps of Engineers regulatory responsibilities under Section 404 of the Clean Watar Act establishes jurisdiction over the discharge of dredged or flu material into waters of the United States, including wetlands. However, based upon the above mentioned site visit with Eric Dodrill of the Erie County SeBI and Water Conservation District I found no evidence that the constraction of a wetland/pond complex on your property resulted in the discharp of fill materials into a waters of the United States. As a result of this determination the Corps of Engineers has closed the file and is not taking any farther enforcement action at dus the, The project occurred enrindy within an agricultural area, and no work was performed within the adjacent wooded area located soaAwest of the intersection. Should the proposal be modifled to efltafl a discharge of dredged or fill materid Should work begin in an area flat is withm Department of* Amy jurisciietrofl wttfto~t proper authorization, the property owner and/or the individual conducting the work may incur a violation of Federal law. If that happens, fheh project may be stopped, a fall or partial restoration of the @isdictional area nay he required, and/or they may be subject to civil penalties.

Copies of this letter have beefl sent to Mr. Brie Dodcill, the Groton Township Trustees, Mr. Jeff Oosby of the City 6f BeUeroe and MB& Rahel Babb of the Ohio EnvhmBtal Protection Agency 401 Wetlands Unit.

Regulatory Branch

SUBJECT: Permit Requirements for Proposed Work, Department of the Army No.

2008-00727

Questions pertaining to this matter should be directed to me by calling

(419) 898-3491, or

by writing to the following address: U.S. Army Corps of Engineers, 240 Lake Street, Unit D, Oak Harbor, Ohio 43449, or be e-mail at: brian.o.swartz@usace.arnv.mil.

Sincerely,

Monitoring and Enforcement Section

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