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REPLY TO <br />ATTENTION OF <br />Regulatory Division <br />DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />200 SOUTH SANTA FE A EUE, SUITE 301 <br />PUEBLO, COLORADO 81003 -4270 <br />September 23, 2013 <br />SUBJECT: No Permit Required — Action No. SPA - 2013 - 00439 -SCO, Howard Pit #1 & #2, 110 <br />Construction Materials Reclamation Permit Amendment M -1999 -033, Howard Creek, Fremont <br />County, Colorado <br />State of Colorado Division of Reclamation, Mining & Safety�r„+ <br />Y Aepartment of Natural Resources` ., <br />TTN: Mr. Timothy Cazier <br />1313 Sherman St., Room 215 "`P 6 2013 <br />Denver, CO 80203 vision Of <br />Mining &" <br />� °n, <br />Dear Mr. Cazier: <br />I am writing this letter in response to your request for a determination of Department of <br />the Army pe t requirements for the proposed Howard Pit #1 & #2 Reclamation Permit <br />Amendment X4-1999-03 by Fremont County Board of Commissioners for surface gravel mining <br />located at approximately latitude 38.4395521232685, longitude - 105.886134457967, in Fremont <br />County, Colorado. The Howard Pits are an existing mine and the amendment will increase the <br />area from 9.0 permitted acres to 9.84 permitted acres. We have assigned Action No. SPA -2013- <br />00439-SCO to this project. Please reference this number in all future correspondence concerning <br />the project. <br />Based on the information provided, we have determined that a Department of the Army <br />permit is not required since the project would not result in the discharge of dredged /fill material <br />into waters of the United States. However, please be advised that there are potential <br />jurisdictional waters of the U.S. located in the vicinity of the project site (Howard Creek) and it <br />is incumbent upon you to remain informed of any changes in the Corps Regulatory Program <br />regulations and policy as they relate to your project. If your plans change such that waters of the <br />U.S. could be impacted by the proposed project, please contact our office for a reevaluation of <br />permit requirements. <br />This decision is based on an approved jurisdictional determination (JD) (attached) that <br />there are no waters of the United States on the project site. The basis for this JD is that the <br />project site contains entirely uplands. A copy of this JD is also available at <br />