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<br />DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGfNEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />720 NORTH MAIN STREET SUITE 300 <br />PUEBLO CO 81 0 0 3-3 047 <br />October 6, 2003 <br />Operations Division <br />Regulatory Branch <br />Mr, Harry H, Posey <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 />Reference is made to your September 11, 2003 letter regarding <br />an application by Craig J. Walker Revocable Trust to conduct <br />mining reclamation operations at the Mary's Mountain Pit, near <br />Walsenburg, Huerfano County, Colorado, CDMG File No. M-2003-068 <br />(Corps of Engineers Action No. 2003 00680). <br />We have studied the project description, other records, and <br />documents available to us. The project is not regulated under <br />the provisions of Section 404 of the Clean Water Act and a <br />Department of the Army permit will not be required. This <br />determination was made because it does not appear that the <br />proposed mining will be conducted in waters of the United States. <br />If you have any questions, please feel free to contact me at <br />(719) 543-8567 or e-mail me at <br />rudolph.c.villarreal@usace.army.mil. For more information about <br />the regulatory program, please see our web site at <br />www.spa.usace.army.mil/reg. <br />Sincerely, <br />Rudolph C. Villarreal <br />Regulatory Specialist <br />