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• • uii iiiiiiiiiiiu iii <br />DEPARTMENT OF THE ARMY <br />AlJUOUEROUE DISTRICT, CORFS OF ENGINEERS <br />F.O.EOX 1510 ; _~ r `~~ ..-- [! ~ ..,~ '~ <br />ALE000EROUE, NEW MEXICO 5)1011550 <br />FAX (505) M6P770 <br />•EKV TO <br />~TTEMTIOX Of; <br />September 9, 1991 <br />Construction-Operations Division <br />Regulatory Branch <br />Mr. Daniel I. Hernandez <br />Mined Land Reclamation Division <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Nir. Hernandez: <br />`~ P 1 ' 1991 <br />M4i; 1 L<?nr, <br />TYlis is in response to your notice dated August 14, 1991, <br />regarding an application for a permit to conduct gravel mining <br />operations by Kiowa County, at the Barnes Pit, MLRD File No. <br />M-91-075 (Corps of Engineers Action No. 1991 50397). <br />Wei have studied the project description, other records, and <br />documents available to us. The site is located near Eads in <br />Kiowa County, Colorado, in 534, T19S, R42W. It appears that the <br />mining site contains the following water of the United States: <br />an isolated, unnamed stream. other waters of the United States <br />may bee located on the site. <br />Ii` 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 />purpo::e 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 of the following nationwide <br />permii:s: minor road crossings (33 CFR 330.5(a)(14)); return water <br />from an upland contained dredged material disposal area (33 CFR <br />330.5(a)(16)); or discharges of fill into certain waters (33 CFR <br />330.5(a)(26)). Temporary roads for moving mining equipment may <br />be exempted by regulation (33 CFR 323.4(a)(6)). <br />