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<br />iii iiiiiiiiiiiu iii • <br />DEPARTMENT OF THE ARMY <br />ALBUOUEROUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />720 NORTH MAIN STREET, SURE 205 <br />PUEBLO, COLORADO 91003J046 <br />FAX (719) 543.9475 <br />September 25, 2000 <br />REPLY TO <br />ATTENTION OF: <br />Operations Division <br />Regulatory Branch <br />RECEa`/E® <br /> <br />SEP 2 6 2000 <br />Division of Minerals and Geology <br />Dlr. Thcmas D. Gillis <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Gillis: <br />This is in response to your September 10, 2000, notice <br />regarding an application by Mario Bassi to conduct mining <br />operations at the North Farm Road Grave Pit, CDMG File No. M- <br />,'2000-110 (Corps of Engineers Action No. 2000 00190). The project <br />site is located near Monte Vista, Rio Grande County, Colorado in <br />Section 28, Township 39N, Range 8E. <br />On May 9, 2000, a site visit was made and determined that the <br />site appears to contain the following water(s) of the United <br />States: Rio Grande. Other waters of the United States may be <br />located on the sited, including wetlands. The applicant has <br />proposed to avoid these areas and stay within upland areas on the <br />property. The pit site is within an upland area, thus the <br />excavation, and associated facilities licated within this upland <br />site are not regulated under Section 404 of the Clean Water Act. <br />Should the project require the discharge of material into <br />waters of the United States, a Department of the Army permit <br />under Section 404 of the Clean Water Act may be required. <br />Waterfilled depressions created in dry land incidental to <br />construction activity or pits excavated in dry land for the <br />purpose of obtaining, fill, sand, or gravel are generally not <br />considered to be waters of the United States until the pit is no <br />longer used for obtaining fill. At that time, waterfilled <br />depressions may be considered a water of the United States and <br />the placement of dredged or fill material into the pit may be <br />regulated. <br />The work may be permitted by one of the following nationwide <br />permits: No. 14, Road Crossings; No. 16, Return Water from Upland <br />Contained Disposal Areas; or No. 26, Headwaters and Isolated <br />Waters Discharge. Temporary roads for moving mining equipment <br />