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• DEPARTMENT OF THE AR~ ALBUOU[ROU[ DIBTRICT. CORfd OF lNGIN EERB f.o. sox Ieeo ALBUpU[ROU [. N[W MEXICO B710S•f eBO [[I~r TO fAX Ie0O1 760-2770 , •TT[MTIOM 01~ January 22, 1992 Construction-Operations Division Regulatory Branch Mr. Daniel I. Hernandez Mined Land Reclamation Division Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 III IIIIIIIIIIIII III sss JAN 2 7 1992 14~i~O .~ ~ RnC( .. !~`" Dear Mr. Hernandez: This is in response to your notice dated January 10, 1992, regarding an application for a permit to conduct sand and gravel mining operations by Huerfano County at the Willis Pit, MLRD File No. M-92-003 (Corps of Engineers Action No. 1992 00019). We have studied the project description, other records, and documents available to us. The site is located five miles northwest of La Veta, Huerfano County, Colorado, in 52, T29S, R69W. It appears that the mining site contains the following water of the United States: an unnamed stream. Other waters of the United States may also 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 obtair.irg fill. A*_ *_hat timo, :•:aterfilled 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 of the following nationwide permits (Appendix A to 33 CFR 330): No. 14, Road Crossings; No. 19, Minor Dredging; or No. 26, Headwaters and Isolated Waters Discharges. Temporary roads for moving mining equipment may be exempted by regulation (33 CFR 323.4(a)(6)).