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.DEPARTMENT OF THE ARMY ~ ~l <br />ALBUOUEROUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />720 NORTH MAIN STREET, SUITE 205 <br />PUEBLO, COLORADO 81003.3046 <br />FAX (719) 543-9475 <br />JAN ~ 1000 <br />REPLY TO January 3, 2000 - <br />ATfEPmON OF: ' <br />Operations Division <br />Regulatory Branch <br />Robert M. Weaver <br />Hydrosphere <br />1002 Walnut, Suite 200 <br />Boulder, CO 80302 <br />Dear Mr. Weaver: <br />This is in reference to your letter dated November 18, 1999 <br />regarding the Mule Creek Gravel Pit proposed road crossing <br />improvements and bank stabilization in a tributary of Fourmile <br />Creek near Divide, Teller County, Colorado (Action No. 1998 <br />30087). <br />The Corps of Engineers has published Nationwide Permits <br />pursuant to Section 404 of the Clean Water Act (33 CFR 330). <br />Nationwide Permit No. 26 authorizes discharges of dredged or fill <br />materials into headwaters and isolated waters of the United <br />States, including wetlands. A summary of Nationwide Permit No. <br />26 is enclosed for your information. <br />The described project includes a discharge into [headwaters] <br />(isolated waters]. Your project can be constructed provided it <br />does not result in the loss of more than 1/3 acre of waters of <br />the United States. It appears that approximately 0.06 acres of <br />waters of the United States will be affected by the project. The <br />permittee must insure compliance with all conditions of the <br />permit, including submittal of the enclosed self-certification <br />and completion report required by the nationwide permit and <br />General Condition No. 14. <br />For discharges which cause the loss of greater than 1/3 acre <br />and no more than 3 acres of such waters, notification is required <br />in accordance with General Condition No. 13. Discharges <br />resulting in the loss of more than 3 acres of these waters, or <br />cause the loss of waters for distances greater than 500 linear <br />feet, will require an individual Section 404 permit. The acreage <br />of loss of waters of the U.S. includes the filled area plus <br />waters of the U.S. that are adversely affected by flooding, <br />