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% I DEPARTMENT OF THE ARMY <br /> ' ALBUQUERQUE DISTRICT,CORPS OF ENGINEERS <br /> 1-1 200 SOUTH SANTA FE AVENUE,SUITE 301 <br /> ° PUEBLO,COLORADO 81003-4270 <br /> REPLY TO <br /> ATTENTION OF y -� <br /> July 3, 2014 0 "0 iR <br /> /VISION �4 <br /> Regulatory Division MINi� �t.1M <br /> AND SAF��ION <br /> SUBJECT: No Permit Required —Action No. SPA-2014-00289-SCO, Blue Star <br /> Exploration Mine M-2014-030, Mt. Antero, Chaffee County, Colorado <br /> Mr. Michael Cunningham <br /> State of Colorado, Division of Reclamation, Mining & Safety <br /> Department of Natural Resources <br /> 1313 Sherman St., Room 215 <br /> Denver, CO 80203 <br /> Dear Mr. Cunningham: <br /> I am writing this letter in response to your request for a determination of Department <br /> of the Army permit requirements for the proposed Blue Star Exploration Mine, Mt. <br /> Antero, located at approximately latitude 38.673273, longitude -106.247959, in Chaffee <br /> County, Colorado. The applicant proposes to surface mine for minerals at the project <br /> location on the west slope of Mt. Antero. We have assigned Action No. SPA-2014- <br /> 00289-SCO to this project. Please reference this number in all future correspondence <br /> concerning the project. <br /> Based on the information provided, we have determined that a Department of the <br /> Army permit is not required since the project would not result in the discharge of <br /> dredged/fill material into waters of the United States. However, it is incumbent upon the <br /> applicant to remain informed of any changes in the Corps Regulatory Program <br /> regulations and policy as they relate to the project. If plans change such that waters of <br /> the U.S. could be impacted by the proposed project, the applicant should contact our <br /> office for a reevaluation of permit requirements. <br /> This decision is based on an approved jurisdictional determination (JD) (attached) <br /> that there are no waters of the United States on the project site. The basis for this JD is <br /> that the project site contains entirely uplands. A copy of this JD is also available at <br /> http://www.spa.usace.army.mil/reg/JD. This approved JD is valid for five years unless <br /> new information warrants revision of the determination before the expiration date. <br /> The applicant may accept or appeal this approved JD or provide new information in <br /> accordance with the attached Notification of Administration Appeal Options and Process <br /> and Request for Appeal (NAAOP-RFA). If the applicant elects to appeal this approved <br /> JD, they must complete Section 11 of the form and return it to the Army Engineer <br />