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DEPARTMENT OF THE ARMY <br /> ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br /> SOUTHERN COLORADO REGULATORY OFFICE <br /> 720 NORTH MAIN STREET,SURE 205 <br /> PUEBLO, COLORADO 81003.3046 <br /> FAX(M) 54349475 <br /> March 20, 2002 <br /> REPLY TO <br /> ATTENTION OF: <br /> Operations Division <br /> Regulatory Branch <br /> Mr. Lloyd V. Barnhart <br /> Barnhart Agency, Incorporated <br /> 212 West 13th Street <br /> Pueblo, 'CO 81003 <br /> Dear Mr. Barnhart : <br /> This replies to your March 15, 2002, letter regarding the <br /> proposed sand mining in Sand Arroyo near Walsenburg, Huerfano <br /> County, Colorado. We have assigned Action No. 2002 00183 to this <br /> activity. <br /> We have evaluated the information you provided and studied <br /> the project description, other records, and documents available <br /> to us . Sand Arroyo, including adjacent wetlands is regulated <br /> under provisions of Section 404 of the Clean Water Act . The work <br /> does not include any discharges of dredged or fill material into <br /> waters of the United States . Therefore, the proposed project is <br /> not regulated under the provisions of Section 404 of the Clean <br /> Water Act and a Department of the Army permit will not be <br /> required. <br /> Our disclaimer of jurisdiction is only for Section 404 of the <br /> Federal Clean Water Act. Other Federal, state and local laws may <br /> apply to the activities. Therefore., you, should also contact <br /> other' Federal , state and local regulatory authorities to <br /> determine whether the activities may require other authorizations <br /> or permits. <br /> This determination will be valid for 2 years from the date of <br /> this letter unless new information warrants revision of the <br /> determination within that time . Please be aware that since no <br /> site visit was made, waters of the United States may be present <br /> on the project site and a Section 404 permit may be needed for <br /> some work. <br />