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DEPARTMENT OF THE ARMY ALBUQUERQUE DISTRICT, CORPS OF ENGINEEF SOUTHERN COLORADO REGULATORY OFFICE 720 NORTH MAIN STREET SUITE 300 PUEBLO CO 81003-3047 March 2, 2004 RECEIVED operations Division MAR 032Q04 Regulatory Branch Division of Minerals&GeolaBY Mr. Berhan Keffelew`~ Colorado Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Keffelew: This is in response to your February 26, 2004 notice regarding an application by Trans Colorado Concrete to conduct sand and gravel mine operations at the St. Barbara Pit, CDMG File No. M-2004-013 (Corps of Engineers Action No. 2004 00010). we have studied the project description, other records, and documents available to us. The site is located near Pueblo, Pueblo County, Colorado in Section 1, Township 215, Range 63W. It appears that the mining site contains the following water(s) of the United States: Arkansas River and adjacent wetlands. It appears that the proposed work may involve a discharge of dredged or fill material into waters of the United States for an outfall structure. If so, 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 considered to be waters of the United States until the pit is 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 outfall structure work may be permitted by one or more nationwide permits, provided the applicant complies with all permit conditions. Activities not authorized by a nationwide permit may require an individual permit.