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DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />720 NORTH MAIN STREET SUITE 300 <br />PUEBLO CO 81003-3047 <br />Operations Division <br />Regulatory Branch <br />October 6, 2004 <br />Mr. Bob Oswald <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 8G203 <br />Dear Mr. Oswald: <br />OCT Q 7 2004 <br />Divisica ci f~,_ ifs & D'epieUY <br />This is in response to your September 24, 2004, notice <br />regarding an application by Rivera's Excavation to conduct new <br />sand and gravel pit operations at the Rivera's Excavation Gravel <br />Pit, CDMG File No. M-2004-053 (Corps of Engineers Action No. 2004 <br />00632). <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Jaroso, <br />Costilla County, Colorado in Section 26, Township 1N, Range 74W <br />in the Sange de Cristo Land Grant. It appears that the mining <br />site contains the following water(s) of the United States: an <br />unnamed tributary of Costilla Creek. Other waters of the United <br />States may be located on the 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 or more nationwide permits, <br />provided the applicant complies with all permit conditions. <br />Activities not authorized by a nationwide permit may require an <br />individual permit. ." <br />If you.have.any questions ,,`please feel free to contact me at <br />(719) 543-8102 or e-mail me at diana:l'.humphreysQusace.army.mil. <br />