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XEV~r To <br />ATTENTION OF: <br />• DEPARTMENT OF THE ARMY • <br />ALBUOUEROUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />P.O. BOX 294, PUEBLO, COLORADO 81002-0294 <br />September 24, 1993 <br />Construction and Operations Division <br />Regulatory Branch <br />Mr. James A. Stevens <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. Stevens: <br />iii iiiiiuiniiiiii <br />sss <br />n,,,~ SEp2? Igg~ <br />~coO~,;.,ner~~~ <br />(i <br />CiE`„`~y <br />This is in response to your notice dated September 1, 1993, <br />regarding an application by Summit Brick and Tile Company to <br />conduct clay mining operations at the 8-Mile Clay Mine, CDMG File <br />No. M-77-320, (Corps of Engineers Action No. 1993 30183). <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Canon City, <br />Fremont County, Colorado, in Section 4, Township 185, Range 71W. <br />Information available to.us indicates that the mining site does <br />not contain waters of the United States. However, waters of the <br />United States of which we are not aware may be located on the <br />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 construction 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 work may be permitted by one of the following nationwide <br />permits: minor road crossings (33 CFR 330, App. A, No. 14); <br />return water from an upland contained dredged material disposal <br />area (33 CFR 330, App. A, No. 16); or discharges of fill into <br />certain waters (33 CFR 330, App. A, No. 26). Temporary roads for <br />moving mining equipment may be exempted by regulation (33 CFR <br />323.4(a)(6)). <br />