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<br />• [ III IIIIIIIIIIIII III 1MY <br />ALBUO UE......c uISTRICT, CORPS OF ENGINEERS <br />P.O.BOX 1580 <br />ALBUOUEROUE, NEW MEXICO 871 03-1 5 80 <br />FAX (505)766.2770 <br />FEPLY TO <br />•rrEwnox oP: September 11, 1992 <br />Construction-Operations Division <br />Regulatory Branch <br />M:r. James C. Stevens <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1:313 Sherman Street, Room 215 <br />DI=_nver, Colorado 80203 <br />Dear Mr. Sieves: <br />~~~'~/ <br />sFp1~ p~~,~ <br />tij/N ~~V lS7r~~ ~~ <br />FRq~ ; ~, ~ ; L. <br />U <br />6 ~C ~). . <br />`'ii n:%y <br />This is in response to your notice dated August 14, 1992, <br />regarding an application to conduct gravel mining operations by the <br />City of Monte Vista at the Lagoon Pit, CDMG File No. M-02-060 <br />(Corps of Engineers Action No. 1992 30148). <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Monte Vista, <br />R:io Grande County, Colorado, in Section 32, Township 39N, Range 8E. <br />It appears that the mining site contains wetlands adjacent to the <br />R:io Grande which are waters of the United States. Other waters of <br />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 Army <br />permit under Section 404 of the Clean Water Act may be required. <br />Waterfilled depressions created in dry land incidental to <br />construction activity or pits excavated in dry land for the purpose <br />of obtaining fill, sand, or gravel are generally not considered to <br />bfa waters of the United States until the pit is no longer used for <br />obtaining fill. At that time, waterfilled depressions may be <br />considered a water of the United States and the placement of <br />dredged or fill material ii.to the pit may be regulated. <br />The work may be permitted by one of the following nationwide <br />permits: road crossings (33 CFR 330, App. A, No. 14); return water <br />from an upland contained dredged material disposal area (33 CFR <br />330, App. A, No. 16) ; or discharges of fill into headwaters or <br />isolated waters (33 CFR 330, App. A, No. 26). Temporary roads for <br />moving mining equipment may be exempted by regulation (33 CFR <br />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 permit <br />conditions. Activities not authorized by a nationwide permit may <br />require an individual permit. <br />