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DEPARTMENT ~ THE ARMY ALBUQUERQUE DISTRICT, CORPS OF ENCa1NEER3 SOUTHERN COLORADO I~GULATORY OFFICE 720 NORTH MAIN STREET SUITE 300 PUEBLO CO 81003,.9047 October 31, 2006 Operations Division Regulatory Branch Ma. Sandra Attebery AG Engineering ~ Environmental Services, Inc. 1128 Main Street Canon City, CO 81212 Dear Ma. Attebery: This regliea to Ma. Glenda DeBekker's October 31, 2006 letter regarding Charles T_ Gutierrez and Jack H. Beedle`s proposed Beedle mining quarry in Hardscrabble Creek near Florence, Fremont County, Colorado. We have assigned Action No. 2006 00625 to this activity. We have evaluated the information provided and studied the project description, other records, and documents available to us. Hardscrabble Creek and adjacent wetlands are located within the project area. These waters are regulated under grovisions.of Section 404 of the Clean Water Act. However, the work as described (clean scoop-and-load excavation technique) does not include any discharges of dredged or fill material into waters of the United States. Therefore, the proposed project is not regulated under the provisions of Section 404 of the Clean Water Act and a Department of the Army permit will not be required. our disclaimer of jurisdiction is only for Section 404 of the Federal Clean Water Act. Other Federal, state and local laws may apply to the activities. You should also contact other Federal, state and Local regulatory authorities to determine whether the activities may require other authorizations or permits. This determination will be valid for 2 years from the date of this letter unless new information warrants revision of the determination within that time. Please be aware that since no site visit was made, other waters of the United States may be present on the project site and a Section 404 permit may be needed for some work.