PERMFILE102984

• Permit No: M1991133
• IBM Index Class Name: Permit File
• Doc Date: 9/16/1992
• From: DEPT OF ARMY
• To: DMG
• Media Type: D
• Archive: No

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ALBUOUERO 9...FNPS OF ENGINEERS
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ALBUOUEROUE, NEW MEXICO 87103-1580
FAX [phone]
REFLY TO September 11, 1992
ATTENTION OF:
Construction-Operations Division
Regulatory Branch
Mr. James C. Stevens
Colorado Division of Minerals and Geology
Department of Natural Resources
1313 Sherman Street, Room 215
Denver, Colorado 80203
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I~ ~(ON OF
i~iNER„~$ ~, GEOLOr;,•
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Dear Mr. Stevens:
This is in response to your notice dated August 25, 1992,
regarding an application to conduct sand and gravel mining
operations by Demetrio and Olive Valdez at the Valdez Gravel Mine,
CDMG File No. M-91-133 (Corps of Engineers Action No. 1992 30149).
We have studied the project description, other records, and
documents available to us. The site is located near Antonito,
Conejos County, Colorado, in Section 32, Township 33N, Range 9E.
Information available to us indicates that the mining site does not
contain waters of the United States. However, waters of the United
States of which we are not aware may be located on the site.
If the proposed work involves discharges of dredged or fill
material into waters of the United States, a Department of the Army
permit under Section 404 of the Clean Water Act may be required.
Waterfilled depressions created in dry land incidental to
construction activity or pits excavated in dry land for the purpose
of obtaining fill, sand, or gravel are generally not considered to
be waters of the United States until the pit is no longer used for
obtaining fill. At that time, waterfilled depressions may be
considered a water of the United States and the placement of
dredged or fill material into the pit may be regulated.
The work may be permitted by one of the following nationwide
permits: road crossings (33 CFR 330, App. A, No. 14); return water
from an upland contained dredged material disposal area (33 CFR
330, App. A, No. 16) ; or discharges of fill into headwaters or
isolated waters (33 CFR 330, App. A, No. 26). Temporary roads for
moving mining equipment may be exempted by regulation (33 CFR
323.4(a)(6)).
The project may also be permitted by one of the other
nationwide permits, provided the applicant complies with all permit
conditions. Activities not authorized by a nationwide permit may
require an individual permit.