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REPLY TO <br />ATTENTION OF <br />Regulatory Division <br />DEPARTMENT OF THE ARMY /�� <br />,2 2 / / 3 <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />200 SOUTH SANTA FE AVENUE, SUITE 301 <br />PUEBLO, COLORADO 81003 -4270 <br />July 17, 2014 <br />SUBJECT: No Permit Required — Action No. SPA - 2014 - 00324 -SCO, Lone Tree Mining <br />Pit, NE of Walsenburg, Huerfano County, Colorado <br />Mr. Tyler O'Donnell ���� <br />d State of Colorado Division of Reclamation, Mining & Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 16 LE114 <br />Denver, CO 80203 DIVISION OF RKGLQAT." <br />Dear Mr. O'Donnell: <br />l4IININGAND SAFElyW <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 Lone Tree Mining Pit, NE of <br />Walsenburg, located at approximately latitude 37.676582, longitude - 104.731268, in <br />Huerfano County, Colorado. The project area is approximately 56 acres and the activity <br />involves surface mining for sand and gravel road base material. We have assigned <br />Action No. SPA - 2014 - 00324 -SCO to this project. Please reference this number in all <br />future correspondence 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 (U.S.). However, it is incumbent <br />upon the 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, please have the applicant contact <br />our 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 U.S. 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 />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 />