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DEPARTMENT OF THE ARMY <br />ALE3UCIUERCIUE DISTRICT, CORPS OF ENCaINEERS <br />S~DUTHERN COLORADO REGULATORY OFFICE <br />200 SOUTH SANTA FE AVENUE, SUITE 307 <br />PUEBLO, CO 87003 <br />May 14, 2007 <br />Operations Division <br />Regulatory Branclh <br />Ma. Sandra Attebery <br />AG Engineering & Environmental Services, Inc. <br />1128 Main Street <br />Canon City, CO 8'L212 <br />Dear Ms. Attebery: <br />This replies to Ms. Glenda DeBekker's April 2, 2007 letter <br />regarding Charles z. Gutierrez and ,lack H. Beedle's proposed <br />Phase T mining at the Beedle Quarry in Hardscrabble Creek near <br />Florence, Fremont County, Colorado, Action No. 2006 00625. <br />we have evaluated the information you provided and studied <br />the project desc;ription, other records, and documents available <br />to us. Hardscrabble Creek and adjacent wetlands are located <br />within the project area. These waters are regulated under <br />provisions of Section 404 of the Clean water Act. However, the <br />proposed Phase i work will not involve mining in or changing the <br />alignment of Harc9acrabble Creek. Ae long as no work occurs in <br />the stream, such as riprap bank lining, the project is not <br />regulated under the provisions of Section 404 of the Clean Water <br />Act and a Department of the Army permit will not be required. <br />This letter contains an approved jurisdictional determination <br />for your subject site. If you object to this determination, you <br />may request an administrative appeal under Corps' regulations at <br />33 CFR Part 331. Enclosed you will find a Notification of Appeal <br />Process and Request for Appeal form. If you request to appeal <br />this determination you must submit a completed Appeal form to the <br />South Pacific Division Office at the following address: <br />Mr. Douglas R. Pomeroy <br />Division Review Office (ph 415-503-6574, fax 415-503-6646) <br />South Pacific Division <br />1455 Market Street <br />San Francisco, CA 94103-1399 <br />In order for an Appeal to be accepted by the Corps, the Corps <br />must determine that it is complete, that it meets the criteria <br />for appeal under 33 CFR Part 331.5, and that it has been received <br />23~Jtid 2S2~9L26SL bb:OS L00Z-LS-SO <br />