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w 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 RECEIVED ~ APR 0 9 2002 Division of Minerals and Geology J~ This is in response to your March 8, 2002 notice regarding an application by ransit Mix of Pueblo to expand sand and gravel mining operations at the ueblo East Pit, CDMG File No. M-1986- O15 (Corps of Engineer~APction No. 2002 00171) /f , We have studied th!!!!e information you provided. The site is located near Pueblo, Pueblo County, Colorado in Sections 34, 25, and 36, Township 205, Range 64W. It appears that Phase 1 of the mining site contains the following water(s) of the United States: possible wetlands adjacent to the Arkansas River. Phase 2 and the remainder also contains waters of the United States. A site visit was not made and other waters of the United States may be located on the site(s). Dear Mr. Stevens: / The Phase 1 pit and some of the reclamation area along the river may be located in wetlands. This proposed work may involve 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. DEPARTMENT OF THE ARMY ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS SOUTHERN COLORADO REGULATORY OFFICE 720 NORTH MAIN STREET, SUITE 205 PUEBLO, COLORADO 81003-3046 FAX (719) 543.9475 April 8, 2002