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• DEPARTMENT OF THE ARMY• <br />ALBUOUEROUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO PROJECT OFFlCE <br />720 NORM MAIN STREET, SUITE 205 <br />Rare. ~ ~ PUEBLO, COLORADO B 1003-3046 <br />Arnrm[r er:. ~ _. <br />December 30, 1998 <br />Operations Division <br />Regulatory Branch <br /> <br />Mr. James C. Stevens <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street <br />Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Stevens: <br />III IIIIIIIIIIIIIIII <br />.. . <br />This is in response to your notice dated December 21, 1998, <br />regarding an application by Bob Beltramo to conduct a sand/gravel <br />excavation operations at the Cesar Pit, CDMG File No. M-98-101. <br />(Corps of Engineers Action No.. 1998 30267) <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Pueblo, <br />Pueblo County, Colorado in Section 21, Township 21 South, <br />Range 64 West. It appears that the mining site contains the <br />following waters of the United States: Saint Charles River and <br />several side tributaries. <br />to ccnsr_ruction ac*_ivity 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 />If the proposed work involves discharges of dredged or fill <br />material into waters of the United States, a Department of the <br />Army permit under Section 404 of the Clean Water Act may be <br />required. waterfilled depressions created in dry land incidental <br />~CEIVEp <br />JAN p 4 1999 <br />one of the following nationwide <br />No. 16, Return Water from Upland <br />26, Headwaters and Isolated <br />Waters Discharge. Temporary roads for moving mining equipment <br />may be exempted by regulation (33 CFR 323.4(a)(6)). <br />The work may be permitted by <br />permits: No. 14, Road Crossings; <br />Contained Disposal Areas; or No. <br />The project may also be permitted by one of the other <br />nationwide permits, provided the applicant complies with all <br />