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<br />DEPARTMENT OF THE ARMY <br />ALBUOUEROUE DISTRICT, CORPS OF ENGINEERS <br />P.O.BOX 1580 <br />ALBUOUEROUE, NEW MEXICO 871 03-15 80 <br />FAX (505) 766.4770 <br />NEfLr ro August 11, 1992 <br />I,TTENTION Of: <br />Construction-Operations Division <br />Regulatory Branch <br />Denver, Colorado 80203 <br />Mr. James Stevens <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Dear Mr. Stevens: <br /> <br />AUG 141992 <br />DIVISIUw Ui <br />MINERALS & GEOLG(-~ <br />This is in response to your notice dated July 30, 1992, <br />regarding an application to conduct sand mining operations by <br />Transit Mix Concrete Company at the Daniels Sand Pit 2, CDMG File <br />No. M-73-0075G (Corps of Engineers Action No. 1992 30126). <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Colorado <br />Springs, E1 Paso County, Colorado, in Section 2, Township 155, <br />Range 66W. It appears that the mining site contains an unnamed <br />tributary of Little Johnson Reservoir which is a water of the <br />United States. Other waters of the United States may be located <br />on the site. <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 United States and <br />the placement of dredged or fill material into the pit may be <br />regulated. <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 />The work may be permitted by one of the following nationwide <br />permits: road crossings (33 CFR 330, App. A, No. 14); return <br />water from an upland contained dredged material disposal area (33 <br />CFR 330, App. A, No. 16); or discharges of fill into headwaters <br />or isolated waters (33 CFR 330, App. A, No. 26). Temporary roads <br />for moving mining equipment may be exempted by regulation (33 CFR <br />323.4(a)(6)). <br />