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iiiiiiiiiiiiiiiiiii o DE?r~r` ~ ~Y~~I:99.~~ ~ ~ ,~ ARMY AL3000ERCUE DISTRICT, CORPS OF ENGINEERS SOUTHERN COLORADO REGULATORY OFFICE 720 NORTH MAIN STREET, SUITE 205 PVE3L0, COLORaCG 8100-704G FA:( (719) 54]-9471 May 2, 2000 REPLY TO ATTENTION OF: Operations Division Regulatory Branch Mr. James A. Stevens Colorado Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Stevens: R~c~ivEn MAY 0 5 2000 Division of Minerals 8 GeoPogy This is in response to your April 24, 2000, notice regarding an application by Rocky Mountain Materials and Asphalt, Incorporated to conduct surface extraction of construction materials and reclamation mining operations at the Coyote Ridge pit, CDMG File No. M-2000-052 (Corps of Engineers Action No. 2000 00293). We have studied the project description, other records, and documents available to us. Tlie'site is located near Florence, Fremont County, Colorado in Sections 2 and 3, Township 20S, Range 69W. It appears that the mining site contains the following water(s) of the United States: Cocklebur Creek and adjacent wetlands or pond, an unnamed tributary of Cocklebur Creek and an unnamed tributary of Hardscrabble Creek. Other waters of the United States may be located on the site. If the proposed work involves discharges of dredged or fill material into waters of the United States, 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. ,