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DEPARTMENT OF THE ARMY <br /> %� �C�1�% ''\ ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br /> 200 SOUTH SANTA FE, SUITE 301 <br /> % i <br /> PUEBLO, COLORADO 81003-4270 <br /> (719) 543-9459 <br /> FAX (719) 543-9475 <br /> September 28, 2009 <br /> RE lq <br /> A]iFN,ION OI <br /> Regulatory Division <br /> Southern Colorado Regulatory Office <br /> SUBJECT: The Ore Pit, CDRMS File No. M-2009-074 <br /> Corps of Engineers Action No. SPA-2009-00596-SCO <br /> Thomas Joseph <br /> Colorado Backhoe Service <br /> 25193 South Road <br /> Pueblo, Colorado 81006 <br /> Dear Mr. Joseph: <br /> I am writing this letter in response to a notice from the Colorado Division of <br /> Reclamation, Mining and Safety concerning your CDRMS application to conduct surface <br /> extraction of construction materials and reclamation at the site formally known as The <br /> Ore Pit located in Section 6, Township 21 South, Range 63 West, of the Sixth Principal <br /> Meridian, Pueblo County, Colorado. We have assigned Corps of Engineers Action <br /> No. SPA-2009-00596-SCO to this activity. To avoid delay, please include this number in <br /> all future correspondence concerning this project. <br /> We have reviewed this project in accordance with Section 404 of the Clean Water <br /> Act. Under Section 404, the Corps regulates the discharge of dredged and fill material <br /> into waters of the United States, including wetlands. Based on your description of the <br /> proposed work, other information available to us, and current regulations and policy, we <br /> have detennined that this work will not require a Department of the Army permit since <br /> the project will not involve any of the above activities. . <br /> The Corps based this decision on an approved jurisdictional determination (JD) that <br /> there are no waters of the United States on the project site. The basis for this approved <br /> jurisdictional detennination (JD) is that the project site consists entirely of uplands. The <br /> JD form is available at http•//www.spa.usace.armxmil/reg/Jurisdictional Determinations/ <br />