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• DEPARTMENT OF THE A~Y ALBUOUERpUE DISTRICT. CORPS OF EN6INEERB P. o. eox 1 seo ALBUOUEROU E. NEW MEXICO 87 1 09-1 680 "i-~r ro FA% (SOS 1 788.1770 "TMTOMO•° May 22, 1992 Construction-Operations Division Regulatory Branch ~~ Mr. James C. Stevens Colorado Mined Land Reclamation Division Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 III IIIIIIIIIIIIIIII ~~ AAY 2 8 1991 Mined Land Reclamation ~;,,;~;,n Dear Mr. Stevens: This is in response to your notice dated April 23, 1992, regarding an application to conduct sand and gravel mining operations by Del Rodarmel at the Florence S & G Pit, MLRD File No. M-92-051 (Corps of Engineers Action No. 1992 30064). We have studied the project description, other records, and documents available to us. The site is located near Florence, Fremont County, Colorado, in Section 21, Township 195, Range 69W. It appears that the mining site contains no waters of the United States. However, waters of the United States of which we are not aware may 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 obtaining fill. At that time, waterfilled 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: road crossings (33 CFR 330, App. A, No. 14); return water from an upland contained dredged material disposal area (33 CFR 330, App. A, No. 16); or discharges of fill into headwaters or isolated waters (33 CFR 330, App. A, No. 26). Temporary roads for moving mining equipment may be exempted by regulation (33 CFR 323.4(a)(6)). The project may also be permitted by one of the other nationwide permits, provided the applicant complies with all permit conditions. Activities not authorized by a nationwide permit may require an individual permit.