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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 />July 13 , 2004 ~~~~' ~/ ~~ <br />JU< 1 ~' <br />Operations Division ~iYisiono/Minera~aandG& <br />Regula*_ory Branch <br />Mr. Berhan Keffelew <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Berhan Keffelew: <br />This is in response to your June 16, 2004, notice ,regarding <br />an application: by Febraro Construction CO. to,conduct reclamation <br />activities operations at the Broyles Pit, CDMG File No: M-2004- <br />028 (Corps of Engineers Action~No. 2004 00436) <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Trinidad, <br />Las Animas County, Colorado in Section Township 325, Range 61W. <br />It appears that the mining site contains the following water(s) <br />of the United States: Purgatoire River Tributary. Other waters <br />of the United States may be located on the site. <br />If the proposed work involves discharges of dredged or fill <br />material into waters of the United States, a Department of the <br />Army permit under Section 404 of the Clean Water Act may be <br />required. Waterfilled depressions created in dry land incidental <br />to construction activity or pits excavated in dry land for the <br />purpose of obtaining, fill, sand, or gravel are generally not <br />considered to be waters of the United States until the pit is no <br />longer used for obtaining fill. At that time, waterfilled <br />depressions may be considered a water of the United States and <br />the placement of dredged or fill material into the pit may be <br />regulated. <br />The work may be permitted~by one or more nationwide permits, <br />provided the applicant complies with all permit conditions. <br />Activities not authorized by a nationwide permit may require-an <br />individual permit. <br />If you have any questions, please feel free to contact me at <br />(719) 543-8567 or e-mail me at <br />rudolph.c.villarrealC~usace.army.mil. For more information about <br />