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Dear Mr. Stevens: <br />I~~ I~II~II~IIIII I~I <br />REPLY TO <br />ATTENTION OF~ <br />Operations Division _~;;_~~~/~~ <br />Regulatory Branch ~ <br />Mr . James A . S tevens • .;I t,:~cer2~J 8 GeCiDgV <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Deliver, Colorado x0203 <br />Reference is made to your February 10, 2000, letter regarding <br />an application by Pete Lien & Sons dba Trans Colorado Concrete to <br />conduct sand and gravel mine mining operations at the Spotted <br />Burro Pit, near Canon City, Fremont County, Colorado, CDMG File <br />No. M-1979-192 (Corps of Engineers Action No. 1999 30007). <br />We have studied the project description, other records, and <br />documents available to us. The project is not regulated under <br />the provisions of Section 404 of the Clean water Act and a <br />Department of the Army permit will not be required. This <br />determination was made because it does not appear that the <br />proposed mining will be conducted in waters of the United States <br />and the applicant has agreed to leave a set back of 150 feet of <br />Eight Mile Creek and its adjacent wetlands. <br />If you have any questions, please feel free to contact me at <br />(719) 543-8102 or e-mail me at diana.l.humphreys@usace.army.mil. <br />For more information about the regulatory program, please see our <br />web site at www.sna.usace.army.mi-1/r?g. <br />Si rely, <br />~'~Y <br />Diana L. Humphreys <br />Project Manager <br />Copy furnished: <br />~~ <br /> <br />DEPARTMENT OF THE ARMY <br />ALBUOUEROUE DISTRICT, CORPS OF ENGINEERS <br />4101 JEFFERSON PLAZA NE <br />ALBUOUERDUE, NEW MEXICO 87109-3435 <br />FAX (505) 342.3498 <br />February 25, 2000 <br />Inc dba Trans-Colorado Concrete <br />Rapid City, SD 57709-0440 <br />Mr. Mike Vidal <br />Pete Lien & Sons, <br />P.O. Box 767 <br />