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~ ~IIIIIIIIIIIIIIIIIII ~ <br />DEPARfMEN7 OF THE ARMY <br />ALBUOUEROUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO PROJECT OFFICE <br />720 NORTH MAIN STREET, SURE 205 <br />Rcrir ro PUEBLO, COLORADO 8 1003-3046 <br />A„crma. c.: January 20, 1999 <br />Operations Division <br />Regulatory Branch <br />RECEIVE® <br />JAhf 2 ~ 1999 <br />pih=:an of Mlrrarals d Geolo9Y <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 January 11, 1999, <br />regarding an application by Joseph and Arlene Cogan to conduct a <br />new gravel pit mining operation in Arnold Gulch, CDMG File No. M- <br />98-091 (Corps of Engineers Action No. 1999 30013) <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Nathrop, <br />Chaffee County, Colorado in Section 2, Township 155, Range 78W. <br />It appears that the mining site contains the following water(s) <br />of the United States: Arnold Gulch. Other waters of the United <br />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, waterfilled <br />depressions may be considered a water of the L'nite3 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 /> <br />