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f <br />j� DEPARTMENT OF THE ARMY <br />U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT <br />1325 J STREET <br />SACRAMENTO CA 35814.2922 <br />REPLY TO <br />ATTENTION OF <br />May 4, 2015 <br />Regulatory Division SPK -2015 -00138 <br />GCC Energy, LLC <br />Attn: Mr. Trent Peterson <br />6473 County Road 120 <br />Hesperus, Colorado 81326 <br />Dear Mr. Peterson: <br />This concerns your King I I Mine project which involved construction of the King I I <br />Mine operating facility. The project is located at 6473 County Road 120 within Section <br />36, Township 35 North, Range 12 West, New Mexico Principal Meridian, Latitude <br />37.245726840586 °, Longitude - 108.131839143888 °, Hesperus, La Plata County, <br />Colorado. <br />Based upon my inspection of the site, including the preserved drainage upstream and <br />downstream of the facility, and the information you provided, we have determined that the <br />construction of the King II Mine did not require a permit under Section 404 of Clean Water <br />Act. Our inspection found that although the drainages show up as an intermittent tributary <br />to Hay Gulch on the USGS Topographic Map, the drainages in question do not contain <br />enough flow to create an ordinary high -water mark and is therefore not considered waters <br />of the U.S. Our disclaimer of jurisdiction is only for this activity as it pertains to Section <br />404 of the Federal Clean Water Act and does not refer to, nor affect jurisdiction over <br />any waters present on site. <br />We appreciate your cooperation during our investigation and the time you spent <br />providing information to help us conclude that your activity did not result in a violation. <br />Please refer to identification number SPK -2015 -00138 in any correspondence <br />concerning this project. If you have any questions, please contact me at the Durango <br />Regulatory Office, 1970 E 3rd Ave., #109, Durango, Colorado 81301, by email at <br />Kara.A.Hellige @usace.army.mil, or telephone at 970 - 259 - 1604. For more information <br />regarding our program, please visit our website at <br />www.spk. usage. army. mil /MissionslRegulafory. aspx. <br />