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FXhrbrf-C <br />DEPARTMENT OF THE ARMY ~fPCtor,3 <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS 3 PAS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />T20 NORTH MAIN STREET SUITE 300 <br />PUEBLO CO 810033047 <br />August 30, 2005 <br />Operations Division <br />Reaulatnry Branch <br />Mr. 6erhan Keffelew <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />I3I3 Sherman Street, Room 2I5 <br />Denver, Colorado 80203 <br />Dear Mr. Keffelew: <br />This is in response to your August 15, 2005, notice regarding <br />an application by Rocky Mountain Materials and Asphalt, <br />Incorporated to expand mine area operations at the Sokol Pit, <br />CDMG File No. M-1980-293 (Corps of Engineers Action No. 2005 <br />00552) <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Calhan, E1 <br />Paso County, Colorado in Section 22, Township 125, Range 62W. It <br />appears that the mining site contains the following water(s) of <br />the united States: unnamed tributaries of Brackett Creek and <br />Steels Fork. Other waters of the united states may be located on <br />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 904 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. <br />If you have any questions, please feel free to contact me at <br />(714y 543-BI02 or a-mail me at diana.l.humphreysAusace.army.mil. <br />