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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 20, 2004 <br />Operations Division SEP 2 ' LUU4 <br />Regulatory Branch a+eisiunol Minerals&Geology <br />NIr. Berhan Keffelew <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Keffelew: <br />This is in response to your August 30, 2004, notice regarding <br />an application by Continental Materials Corporation to expand the <br />sand and gravel mine operations at the Pueblo East Pit, CDMG File <br />No. M-1986-015' revision No. AM-2~(Corps of Engineers Action No. <br />2004 00112)., <br />,.` '~ <br />We have',studied tHe_ project description,. other records ,: and <br />documents available to us: The site is 3ocated near...Pueblo,.. <br />Pueblo County,' Colorado in Section Township 205, Range 64W. It <br />appears that the mining site contains the following water(s) of <br />the United States: Arkansas River and its adjacent wetlands. <br />Other waters of the United States may be 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 constructnn 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 applicant has reduced the scope of the originally <br />intended work at the White Property addition. The applicant has <br />agreed to avoid all waterway"and wetland impacts and reduce the <br />scope of additional mining to'7.7-,acres. .Based on this agreement <br />to avoid all wetland and Waterway"impacts no permit will be <br />requir,ed_for the project. <br />_. ~ ~ F~ <br />SEP 2 'i [004 <br />Division o. Piuaerals & Gaolopy <br />