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•ALBUO UE III III III III IIII III {B OP~GIN EERB <br />999 <br />P. O. BUA ~a00 <br />ALBUOUEROU E. NEW MEXICO B710J-1500 <br />^[~~r TO FAX l SOS 1 7EE-=770 <br />~TT[NTION Off: <br />July 6, 1992 <br />Construction-Operations Division <br />Regulatory Branch <br />Mr. James C. Stevens <br />Colorado Mined Land Reclamation Division <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Stevens: <br />~ ~ ~' <br />4~ <br />m e~ ~~~ b° <br />,. ~ <br />1~~ ° 91g9 <br />~l~+netl •. ?~ vistio~ <br />yeClama110n <br />This is in response to your notice dated June 23, 1992, <br />reyarding an application to conduct mica and silica mining <br />operations by Colorado Quarries, Incorporated, at the Mica White <br />Pit_, MLRD File No..M-92-058 (Corps of Engineers Action No. 1992 <br />30:L01) . <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Howard, <br />Fremont County, Colorado, in Section 6, Township 48N, Range 11E. <br />Information available to us indicates that the mining site does <br />not contain waters of the United States. However, waters of the <br />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 />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 />pu?-pose of ehtaining, fill, nand, 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 />pei~nits: road crossings (33 CFR 330, App. A, No. 14); return <br />wager from an upland contained dredged material disposal area (33 <br />CFFt 330, App. A, No. 16); or discharges of fill into headwaters <br />or isolated waters (33 CFR 330, App. A, No. 26). Temporary <br />roads for moving mining equipment may be exempted by regulation <br />(3.1 CFR 323.4 (a) (6)) . <br />