2003-03-11_REVISION - M1999005 - Laserfiche WebLink

Home Browse Search

DEPARTMENT OF THE ARMY ALBUOUEROUE DISTRICT, CORPS OF ENGINEERS 4101 JEFFERSON PLAZA NE ALBUQUERQUE, NEW MEXICO 87109-3435 FAX (505) 342-3498 February 27, 2003 REPLY TO ATTENTION OF: Operations Division Regulatory Branch Mr. Harry H. Posey Colorado Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Posey: This is in response to your January 6, 2003, notice regarding an application by A17. Rite Paving and Redi-Mix to conduct mining operations at the All Rite Paving and Redi-Mix Inc. North River Pit, CDMG File No. M-1999-005 (Corps of Engineers Action No. 2003 00024) We have studied the project description, other records, and documents available to us. The site is located near La Junta, Otero County, Colorado in Section Township 245, Range 55W. It appears that the mining site contains the following water(s) of the United States: Arkansas River and associated wetlands with the proposed 200 foot buffer. Other waters of the United States were not located on the site. If the proposed work involves discharges of dredged or fill material into waters of the United States, a Department of the Army permit under Section 404 of the Clean Water Act may be required. Waterfilled depressions created in dry land incidental to construction activity or pits excavated in dry land for the purpose of obtaining, fill, sand, or gravel are generally not considered to be waters of the United States until the pit is no longer used for obtaining fill. At that time, waterfilled depressions may be considered a water of the United States and _ the placement of dredged or fill material into the pit may be regulated. The work may be permitted by one or more nationwide permits, provided the applicant complies with all permit conditions. Activities not authorized by a nationwide permit may require an individual permit. The applicant has stating the present work does not involve work in the Arkansas River or the 200 foot buffer. Based on this project description, the Corps does not regulate the current project and no permit will be required.