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10/11/2005 13:44 17195439475 REG BR <br />DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO RECsULATORY OFFICE <br />720 NORTH MAIN STREET SUITE 30D <br />PUEBLO CO 81003-3047 <br />October 11, 2005 <br />Operations Division <br />Regulatory Branch <br />Mr. Tom Smith <br />Rocky Mountain Materials & Asphalt, Inc. <br />1920 Rand Avenue <br />Colorado Springs, CO 80906 <br />Dear Mr. Smith: <br />This replies to your October 3, 2005, letter regarding the <br />proposed expand mine area in a tributary of Brackett Creek near <br />Calhan, E1 Paeo County, Colorado. We have assigned Action No. <br />2005 00552 to this activity. <br />PAGE 02 <br />We have evaluated the information you provided and studied <br />the project description, other records, and documents available <br />to us including information from Mr. Berhan Keffelew of the <br />Colorado Division of Minerals and Geology. It appears that no <br />waters of the United States are located within the project site. <br />The project is not regulated under the provisions of Section 404 <br />of the Clean Water Act and a Department of the Army permit will <br />not be required if there are no Corps of Engineers' <br />jurisdictional waters on the site. <br />Our disclaimer of jurisdiction is only for Section 404 of the <br />Federal Clean Water Act. Other Federal, state and local laws may <br />apply to the activities. Therefore, you should also contact <br />other Federal, state and local regulatory authorities to <br />determine whether the activities may require other authorizations <br />or permits. <br />This determination will be valid for z years from the date of <br />this letter unless new information warrants revision of the <br />determination within that time. <br />