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.~ -- <br />DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />720 NORTH MAIN STREET, SUITE 205 <br />PUEBLO, COLORADO 810033046 <br />FAX (719) 543.9475 <br />March 20, 2002 <br />REPLY TO <br />ATTENTION OF: <br />Operations Division <br />Regulatory Branch <br />Mr. Lloyd V. Barnhart <br />Barnhart Agency, Incorporated <br />212 West 13th Street <br />Pueblo, CO 81003 <br />Dear Mr. Barnhart: <br />This replies to your March I5, 2002, letter regarding the <br />proposed sand mining in Sand Arroyo near Walsenburg, Huerfano <br />County, Colorado. We have assigned Action No. 2002 00183 to this <br />activity. <br />We have evaluated the information you provided and studied <br />the project description, other records, and documents available <br />to us. Sand Arroyo, including adjacent wetlands is regulated <br />under provisions of Section 404 of the Clean Water Act. The work <br />does not include any discharges of dredged or fill material into <br />waters of the United States. Therefore, the proposed project is <br />not regulated under the provisions of Section 404 of the Clean <br />Water Act and a Department of the Army permit will not be <br />required. <br />Our disclaimer of jurisdiction is only for Section 404 of the <br />Federal Clean Water Act. Other Federal, state and local laws may <br />apply to the activities. Therefore; you should also contact <br />other Federal, state and local regulatory-authorities to <br />determine whether the activities may require other authorizations <br />or permits. <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 />