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<br />w <br />• 9 <br />DEPARTMENT OF THE ARMY <br />ALBUOUEROUE DISTRICT, CORPS OF ENGINEERS ~O <br />SOUTHERN COLORADO PROJECT OFFICE <br />720~NORTH MAIN STREET, SUfTE 205 <br />RLPIr ro. PUEBLO, COLORADO 8 1003-3046 <br />Amrmari a: <br />March 10, 1999 ~EC,EIVEd- <br />MAR 11 1999 . <br />Operations Division <br />Regulatory Branch OivisionolMinerals&Geology <br />Mr. James A. Stevens <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 8G2Gs <br />Dear Mr. Stevens: <br />This is in response to your notices dated February 9 and 24, <br />1999, regarding an application by All Rite Paving and Redi-Mix to <br />conduct surface extraction of construction materials and <br />reclamation at the North River Pit, CDMG File No. M-99-005 (Corps <br />of Engineers Action No. 1999 30029). <br />We have studied the project description, other records, and <br />documents available to us and made a brief site visit with Mr. Ed <br />Kite. The site is located near La Junta, Otero County, Colorado <br />in Sections 1 and 36, Townships 245 and 235, Range 55W. It <br />appears that the mining site contains the following water(s) of <br />the United States: Arkansas River and adjacent wetlands. Other <br />waters of the United 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 />*_o construction activit~• er nits 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 project may be permitted by one or more nationwide <br />permits, provided the applicant complies with all permit <br />conditions. Activities not authorized by a nationwide permit may <br />require an individual permit. <br />