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RCPLY lD <br />ArnMnaP aP: <br />~~ECEIVEG <br />Operations Division <br />Regulatory Branch <br />~ iii iiiiiiiiiiii-iii <br />DEPARTMENT OF THE ARMY <br />ALBUOUEROUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO PROJECT OFFICE <br />720 NORTH MAIN STREET, SUITE 205 <br />PUEBLO, COLORADO 81003-3046 <br />June 28, 1999 <br />JUN 2 9 1999 <br />,..,.nn of Minerab & Gec~uey <br />Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Mr. James A. Stevens <br />Colorado Division of <br />Dear Mr. Stevens: <br />This is in response to your notice dated June 23, 1999, <br />regarding an application by Pulpit Rock Investments, LLC to <br />conduct sand and gravel mining operations at the "B" Street <br />Project - North Pit, CDMG File No. M-99-071 (Corps of Engineers <br />Action No. 1999 30159) <br />We have studied. the project description, other records, and <br />documents available to us. The site is located near Security, E1 <br />~Paso,County,;Colorado in Section~4,-~TOwnship 15s, Range 66w. It <br />appears that the mining site contains the following water(s) of <br />the 'United States: unnamed tributary of Fountain Creek. Other <br />waters of.the United States may be located on the site. <br />If 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 />purpose 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, waterfiiied <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 />permits: No. 14, Road Crossings; No. 16, Return Water from Upland <br />Contained Disposal Areas; or No. 26, Headwaters and Isolated <br />Waters Discharge. Temporary roads for moving mining equipment <br />may be exempted by regulation (33 CFR 323.4(a)(6)). <br />The project may also be permitted by one .of the other ' <br />nationwide permits, provided the applicant complies with all <br />permit conditions. .Activities not authorized by a nationwide <br />permit may require an individual permit. ' <br />• <br />