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DEPARTMENT OF THE ARMY ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS SOUTHERN COLORADO REGULATORY OFFICE 720 NORTH MAIN STREET SUITE 300 PUEBLO CO 810033047 October 13, 2006 RECEIVED ~.6L`T 17 2005 Operations Division DNiS~,~Raclamatlpn, Regulatory Branch -~ Mining and Satety Mr. Berhan Keffelew Colorado Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Keffelew: This is in response to your October 6, 2006, notice regarding an application by Lafarge Weat, Inc. to conduct new sand and gravel pit operations at the Sundance Sand and Gravel mine, CDMG File No. M-200Jc-073 (Corps of Engineers Action No. 2006 00587) We have studied the project description, other records, and documents available to us. The site is located near Fountain, E1 Paso County, Colorado in Sections 30, 14, 15, and 23, Township 175, Range 65W. It appears that the mining site contains the following water(s) of the United States: Fountain 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. 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.