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~ j III IIIIIIIIIIIIIIII DEPARTMENT OF THE ARMY ALBUOUEROUE DISTRICT, CORPS OF ENGINEERS SOUTHERN COLORADO PROJECT OFFlCE 720 NORTH MAIN STREET, SUITE 205 ~r~~ ~o PUEBLO, COLORADO B 1003-3046 ATRrnw a: April 19, 1999 operations Division bPR 2 p 1999 Regulatory Branch Tai&GeOlo~ , of Mine Mr. James A. Stevens ~ 1~ Colorado Division of Minerals and Geology -Y Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Stevens: This is in response to your notice dated April 9, 1999, regarding an application by Robinson Brick Company expand mining operations at the Apache 9 pit, CDMG File No. M-78-009, (Corps of Engineers Action No. 1999 30082) We have studied the project description, other records, and documents available to us. The site is located near Calhan, E1 Paso County, Colorado in Section 20, Township 125, Range 62W. It appears that the mining site contains the following water(s) of the United States: unnamed tributary of East Branch Brackett Creek. Other waters of the United States may be 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 of the following nationwide permits: No. 14, Road Crossings; No. 16, Return Water from Upland Contained Disposal Areas; or No. 26, Headwaters and Isolated Waters Discharge. Temporary roads for moving mining equipment may be exempted by regulation (33 CFR 323.4(a)(6)).