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DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />720 NORTH MAIN STREET SUITE 300 <br />PUEBLO CO 81003-3047 <br />September 24, 2004 <br />~>M~~ 1 <br />Operations Division <br />Regulatory Branch ~~~°(C$®~~® <br />Mr. Berhan Keffelew SEP 2~ 2004 <br />Colorado Division of <br />Minerals and Geology DivisionafMinerals&Geology <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Dear Mr. Keffelew: <br />Reference is made to your August 30, 2004 letter regarding an <br />application by Solberg Gravel LLC to conduct roadway construction <br />operations at the Solberg Pit, near Peyton, E1 Paso County, <br />Colorado, CDMG File No. M-1981-044 (Corps of Engineers Action No. <br />2004 00614). <br />We have studied the project description, other records, and <br />documents available to us. The project is not regulated under <br />the provisions of Section 404 of the Clean Water Act and a <br />Department of the Army permit will not be required. This <br />determination was made because it does not appear that the <br />proposed mining will be conducted in waters of the United States. <br />If you have any questions, <br />(719) 543-8567 or e-mail me at <br />rudolph.c.villarrealOusace.army <br />the regulatory program, please <br />www.spa.usace.army.mil/reg. <br />please feel free to contact me at <br />.mil. For more information about <br />see our web site at <br />Sincerely, <br />Rudolph~C.`t7illarreal <br />Regulatory Specialist <br />