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i • III IIIIIIIIIIIIIIII <br />999 <br />DEPARTMENT OF THE ARMY <br />ALBUOUEROUE DISTRICT, CORPS OF ENGINEERS <br />P.O.BOX 1580 <br />ALBUOUERp UE, NEW MEXICO 87103-1580 <br />FAX (505) 786.4770 <br />REPLY TO <br />•TTENTIOM OF: <br />August 11, 1992 <br />Construction-Operations Division <br />Regulatory Branch <br />Mr. James C. Stevens <br />Coloraoo 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 />R~C~I ~~ , <br />AUG ~ g 1992 <br />DIVISWN UI- <br />MINERALS & GEULUG~, <br />This is in response to your notice dated July 31, 1992, <br />regarding an application to conduct gravel operations by Kiowa <br />County at the Barnett Pit (a Regular Reclamation Permit), CDMG <br />File No. M-91-074 and Barnett Pit (a 110 Limited Impact <br />Reclamation Permit) CDMG File No. M-83-088 (Corps of Engineers <br />Action No. 1991 50393). <br />We .have studied the project description, other records, and <br />documents available to us. The site is located near Eads, Kiowa <br />County, Colorado, in Section 33, Township 185, Range 49W. <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 :hates of which we are not aware may be located on the <br />site. <br />If i:he 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 />........ .r:1C ..1 v.• .'..C ..iVl,ti Gi pests c:iCa-v ate. cL. li. i.iy ~,anii fvi tiaG <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 />regulatE~d. <br />The work may be permitted by one of the following nationwide <br />permits: road crossings (33 CFR 330, App. A, No. 14); return <br />water from an upland contained dredged material disposal area (33 <br />CFR 330, App. A, No. 16); or discharges of fill into headwaters <br />or isolated waters (33 CFR 330, App. A, No. 26). Temporary roads <br />for moving mining equipment may be exempted by regulation (33 CFR <br />323.4(a}(6)). <br />