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,~ iiiiiiiiiiiniuiii DEPARTMENT OF THE ARMY AIJUOUE110UE DISTIIICT, C011FE OF ENGINEERS F.O.~OX 1550 AUUOUEIIOUE, NEW YIXICO 5710}7510 FAX (505) M5~2770 emr to •nu+now or: May 28, 1991 Construction-operations Division Regulatory Branch REGEIVF~~~ Mined Land Reclamation Division Mr. Daniel I. Hernandez Mined Land Reclamation Division Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Hernandez: This is in response to your notice dated May 14, 1991, regarding an application for a permit to conduct underground mining operations by Indian Creek Mining Corporation at the Proffitt Mine, MLRD File No. M-91-054 (Corps of Engineers Action No. 199150182). We have studied the project description, other records, and documents available to us. The site is located near Bonanza, Saguache County, Colorado, in 519, T47N, R7E. Information available to us indicates that the mining site does not contain waters of the United States. However, waters of the United States of which we are not aware may be located on the site. If the proposed work involves discharges of dredged or fill material into waters of the United States, a Department of the Army permit under Section 404 of the Clean Water Act may be required. Waterfilled depressions created in dry land incidental to construction activity or pits excavated in dry land for the purpose of obtaining fill, sand, or gravel are generally not rnngidered ±n ho ,raters of the United States until the pit ~s no longer used for obtaining fill. At that time, waterfilled depressions may be considered a water of the United States and the placement of dredged or fill material into the pit may be regulated. The work may be permitted by one of the following nationwide permits: minor road crossings (33 CFR 330.5(a)(14)); return water from an upland contained dredged material disposal area (33 CFR 330.5(a)(16)), or discharges of fill into certain waters (33 CFR 330.5(a)(26)). Temporary roads for moving mining equipment may be exempted by regulation (33 CFR 323.4(a)(6)).