PERMFILE50432

• Permit No: M1991074
• IBM Index Class Name: Permit File
• Doc Date: 9/9/1991
• From: US ARMY CORPS OF ENGINEERS
• To: MLRD
• Media Type: D
• Archive: No

• •
DEPARTMENT OF THE ARMY
AIJUOUEROUE DISTRICT, CORFf Of ENOINEERf
~.O.fOX 1560
ALDUOUEROUE, NEW YFXICO 671011380
FAX [phone]
11[RY TO
~TTUITION Oi:
September 6, 1991
Construction-Operations Division
Regul~ltory Branch
p t:' :? 1991
Mr. Daniel I. Hernandez
Mined Land Reclamation Division
Department of Natural Resources
1313 :iherman Street, Room 215
Denver, Colorado 80203
Dear Pir. Hernandez:
III IIIIIIIIIIIIIIII
999

Mire%i i_;.;n^
. Jn
Ttlis is in response to your notice dated August 14, 1991,
regarding an application for a permit to conduct gravel mining
operations by Kiowa County at the Barnett Pit, MLRD File No.
M-91-074 (Corps of Engineers Action No. 1991 50393).
Wei have studied the project
documents available to us. The
Count}~, Colorado, in 533, T18S,
us indicates that the mining si
Unitecl States. However, waters
are not aware may be located on
description, other records, and
site is located near Eads, Kiowa
R49W. Information available to
to does not contain waters of the
of the United States of which we
the site.
If' the proposed work involves discharges of dredged or fill
material into waters of the United States, a Department of the
Army ~lermit 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 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)).