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~ /~ ~- <br />REPLY TO <br />ATTENTION OF: <br />DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />4101 JEFFERSON PLAZA NE <br />ALBUQUERQUE, NEW MEXICO 871093435 <br />FAX (505) 3423498 <br />February 27, 2003 <br />Operations Division <br />Regulatory Branch <br />Denver, Colorado 80203 <br />Mr. Harry H. Posey <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources _ <br />1313 Sherman Street, Room 215 <br />Dear Mr. Posey: <br />RECEIVED <br />FEB 2 8 2003 <br />Division ~f Miaerals aad Geology <br />This is in response to your January 6, 2003, notice regarding <br />an application by All Rite Paving and Redi-Mix to conduct mining <br />operations at the All Rite Paving and Redi-Mix Inc. North River <br />Pit, CDMG File No. M-1999-005. (Corps of Engineers Action No. 2003 <br />00024) <br />We have studied the project description; .other records, and <br />documents available to us. The site is located near. La Junta, <br />Otero County, Colorado in Section Township 245, Range 55W. It <br />appears that the mining site contains the following water(s) of <br />the United States: Arkansas River and associated wetlands with <br />the proposed 200 foot buffer. Other waters of the United States <br />were not located on the site. <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 />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 />The work may be permitted by one or more nationwide permits, <br />provided the applicant complies with all permit conditions. <br />Activities not authorized by a nationwide permit may require an <br />individual permit'. The applicant has stating the present work <br />does not involve work in the Arkansas River or the 200 foot <br />buffer. Based on this project description, the Corps does not <br />regulate the current project and no permit will be required. <br />