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<br />• DErARTMENT OF THE A~Y <br />^oar To <br />11TT[MTIOM OIL <br />ALfUOU[ROU[ DIfTRICT, CORM OF ENOIN[[Rf <br />r. O. fOX 1660 <br />ALfUOU[ROU[. NEW MEXICO f7f0,-1ff0 <br />~Ax I aoa I ifs-s~~o <br />February 21, 1991 <br />Construction-Operations Division <br />Regulatory Branch <br />FEB 2 5 1991 <br />~~lined Land <br />Reclamation Division <br />Mr. H. Bruce Humphries <br />Mined Land Reclamation Division <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Humphries: <br />to conduct mining operations. <br />This is in response to your notice of permit application, <br />File No. M-91-003, Tomahawk Mine, Robinson Brick Company, <br />February 11, 1991, for evaluation of an application for a permit <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Penrose, <br />Pueblo County, Colorado, in 536, T18S, R67W. It appears that the <br />mining site contains the following waters of the United States: <br />an unnamed tributary of Booth Gulch. 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 ~132ii fJr ..b ::aln 11"~~ Liil. At L'71aL Llme, WdL2rTllled <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 of the following nationwide <br />permits: minor road crossings (33 CFR 330.5(a)(14)); return water <br />from an upland contained dredged material disposal area (33 CFR <br />330.5(a)(16)), or discharges of fill into certain waters (33 CFR <br />330.5(a)(26)). Temporary roads for moving mining equipment may <br />be exempted by regulation (33 CFR 323.4(a)(6)). <br />iii iiiiiiiiiiiuiii <br />sss <br />RECEIVED <br />