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G~~ ~ ~OC~ TMENT OF THE RMY DEPAR A ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS SOUTHERN COLORADO REGULATORY OFFICE 720 NORTH MAIN STREET SUITE 300 PUEBLO CO 81003-3047 April 11, 2006 Operations Division Regulatory Branch T^.r. A::thony rr]aldron Colorado Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Waldron: APR 14 2006 Division of Minerals end Geology ~~ v ~a~6~~ ~jt"d~'~ ~iJ~i6~ This is in respoiTse to your March 8,2006 notice regarding an application by Carrizo Stone, LLC to conduct sand and gravel mining operations at the Carrizo Stone South pit, CDMG File No. M-2005-067K.(Corps of Engineers Action No. 2006 00190), We have studied the project description, other records, and documents available to us. The site is located near Pritchett, Baca County, Colorado in Section 9, Township 335, Range SOW. It appears that the mining site contains the following water(s) of the United States: an unnamed tributary of the East Fork Carrizo 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 Al"my pe rilllt 'u1iiJ.er ~eCtlOn 7~i4 of t~"ie l.ieaI1 Wai,eT 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 or more nationwide permits, provided the applicant complies with all permit conditions. Activities not authorized by a nationwide permit may require an individual permit.