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DEPARTMENT OF THE ARMY <br />CORPS OF ENGINEERS, OMAHA DISTRICT <br />DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD <br />LITTLETON, COLORADO 80129-6901 <br />May 14, 2002 <br />RECEIVED <br />MAY 1 6 2002 <br />Mr. Carl Mount <br />Division of Minerals and Geology Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />RE: Albert Frei & Sons, inc., Walstrum Mine, Permit No. M-1983-033, AM-08 <br />Corps File No. 200280279 <br />Dear Mr. Mount: <br />Reference is made to the above-mentioned project located in Secfion 34, Township 3 South, <br />Range 72 West, Clear Creek County, Colorado. <br />This project has been reviewed in accordance with Section 404 of the Clean Water Act under <br />which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material and <br />certain excavation activities in waters of the United States. Waters of the U.S. includes ephemeral, <br />intermittent and perennial streams, their surface connected wetlands and adjacent wetlands and <br />certain lakes, ponds, drainage ditches and irrigation ditches that have a nexus to interstate commerce. <br />Based on the information provided, a Depaztment of the Army permit will not be required for this <br />activity. <br />Although a Department of the Army permit will not be required for this activity, this does not <br />eliminate the requirements that other applicable federal, state, tribal, and local permits aze obtained if <br />needed. <br />If there aze any quesfions concerning this matter; please call Mr. Terry McKee of this office <br />at 303-979-4120 and reference Corps File No. 200280279. <br />Sincerely, <br />Tim y T. Care <br />Chief, ver Re atory Office <br />tm <br />