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DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />720 NORTH MAIN STREET SUITE 300 <br />PUEBLO CO 81003-3047 <br />November 21, 2003 <br />Operations Division <br />Regulatory Branch <br />Mr. Joe Gagliano <br />L J Development, Inc. <br />159 Tiffany Court <br />Pueblo, CO 81005 <br />Dear Mr. Gagliano: <br />This replies to your November 20, 2003 transmittal regarding <br />Leone Sand and Gravel, LLC's proposed sand and gravel mine near <br />the Purgatoire River near Trinidad, Las Animas County, Colorado. <br />We have assigned Action No. 2003 00815 to this activity. <br />We have evaluated the information you provided and studied <br />the project description, other records, and documents available <br />to us, It appears that no waters of the United States are <br />located within the project site. The project is not regulated <br />under the-provisions of Section 404 :of the Clean-Water Act and a <br />Department of the Army permit will not be required if there are <br />no Corps of Engineers' jurisdictional waters on the site. <br />This determination will be valid for 2 years from the date of <br />this letter unless new information warrants revision of the <br />determination within that time. Please be aware that since no <br />site visit was made, waters of the United States may be present <br />on the project site and a Section 404 permit may be needed for' <br />some work. <br />If you have any questions, please feel free to contact me at <br />(719) 543-6914 or e-mail me at anita.e.culpc~usace.army.mil. For <br />more information about the regulatory program, please see our web <br />site at www.spa.usace.army.mil/reg. <br />Sincerely, <br />//~~~~ <br />Anita E. Culp <br />Senior Project Manager <br />