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• DEPARTMENT OF THE AR~ <br />AL~UOU[ROU[ DIiTRICT. CORM OF [NOIN[[Re <br />~.o. eox leeo <br />ALeUOU[ROU[. N[W M[xICO e7109.1 ee0 <br />[[-~r To rAX (Ooe 1 7ee•2770 <br />•TT[MTIOM 01~ <br />January 29, 1992 <br />Construction-Operations Division <br />Regulatory Branch <br />Mr. Allen C. Sorenson <br />Mined Land Reclamation Division <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear M:r. Sorenson: <br />III IIIIIIIIIIIII III <br />sss <br />p~ ^y <br />[ !L ,~.~ <br />=E6 0 3 199 <br />N'~~~' land <br />This is in response to your notice dated January 2, 1992, <br />regarding an application for a permit to conduct gravel mining <br />operations by Kiowa County at the Peters Pit, MLRD File No. M-91- <br />078 (Corps of Engineers Action No. 1992 00030). <br />We have studied the project description, other records, and <br />documents available to us. The site is located twenty miles west <br />of Hascaell on Highway 96, Crowley County, Colorado, in 525, T20S, <br />R55W. Information available to us indicates that the mining site <br />does not contain waters of the United States. However, waters of <br />the United States of which we are not aware may be located on the <br />site. <br />If the proposed work involves discharges of dredged or fill <br />materi<(1 into waters of the United States, a Department of the <br />Army permit under Section 404 of the Clean Water Act may be <br />require=d. Waterfilled depressions created in dry land incidental <br />to cone;truction 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 of the following nationwide <br />permit: (Appendix A to 33 CFR 330): No. 14, Road Crossings; No. <br />19, Minor Dredging; or No. 26, Headwaters and Isolated Waters <br />Discharges. Temporary roads for moving mining equipment may be <br />exempted by regulation (33 CFR 323.4(a)(6)). <br />