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I-CA9- REPLY TO ATPENTION OF Regulatory Division DEPARTMENT OF THE ARMY ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS 200 SOUTH SANTA FE AVENUE, SUITE 301 PUEBLO, COLORADO 81003 -4270 March 26, 2014 Al" -3 SUBJECT: No Permit Required — Action No. SPA - 2014 - 00125 -SCO, Penrose Ranch Gravel Pit, Penrose, Fremont County, Colorado Mr. Timothy Cazier Colorado Division of Reclamation, Mining & Safety Department of Natural Resources 1313 Sherman St., Room 215 Denver, CO 80203 Dear Mr. Cazier: I am writing this letter in response to your request for a determination of Department of the Army permit requirements for the proposed Penrose Ranch Gravel Pit (Permit Amendment M- 1992 -016), near Penrose, located at approximately latitude 38.3774486620588, longitude - 105.031754327316, in Fremont County, Colorado. The applicant has applied for an amendment to include 100 additional acres for surface mining of sand and gravel. We have assigned Action No. SPA - 2014 - 00125 -SCO to this project. Please reference this number in all future correspondence concerning the project. Based on the information provided, we have determined that a Department of the Army permit is not required since the project would not result in the discharge of dredged /fill material into waters of the United States. However, please be advised that there are potential jurisdictional waters of the U.S. located in the vicinity of the project site and it is incumbent upon the applicant to remain informed of any changes in the Corps Regulatory Program regulations and policy as they relate to the project. If plans change such that waters of the U.S. could be impacted by the proposed project, the applicant should contact our office for a reevaluation of permit requirements. This decision is based on an approved jurisdictional determination (JD) (attached) that there are no waters of the United States on the project site. The basis for this JD is that the project site contains entirely uplands. A copy of this JD is also available at http: / /www.spa.usace.army.mil /reg /JD. This approved JD is valid for five years unless new information warrants revision of the determination before the expiration date. The applicant may accept or appeal this approved JD or provide new information in accordance with the attached Notification of Administration Appeal Option ocess_- APR 0 i 2 �'�'14 Division of Reclamation, Mining & Safety