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DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />720 NORTH MAIN STREET SUITE 300 <br />PUEBLO CO 81003-3047 <br />Operations Division <br />Regulatory Branch <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />May 4, 2004 <br />Mr. Lerry D. Oehler <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />Dear Mr. Oehler: <br />'~~'FIVED <br />MAYOg ~ <br />t7i vision of Minerals and Geafogy <br />Reference is made to your April 22, 2004 letter regarding an <br />application by Leone Sand and Gravel, LLC to conduct sand and <br />gravel mine operations at the Leone Gravel Pit, near Trinidad, <br />Las Animas County, Colorado, CDMG File No. M-2004-026 (Corps of <br />Engineers Action No. 2003 00815). <br />we have studied the project description, other records, and <br />documents available to us. The project is not regulated under <br />the provisions of Section 404 of the Clean water Act and a <br />Department of the Army permit will not be required. This <br />determination was made because it does not appear that the <br />proposed mining will be conducted in waters of the United States. <br />If you have any questions, please feel free to contact me at <br />(719) 543-6914 or e-mail me at anita.e.culp@usace.army.mil. For <br />more information about the regulatory program, please see our web <br />site at www.spa.usace.army.mil/reg. <br />Sincerel , <br />(~ <br />Anita E. Culp <br />Senior Project Manager <br />Copy furnished: <br />Mr. Joe Gagliano <br />L J Development, Inc. <br />159 Tiffany Court <br />Pueblo, CO 81005 <br />