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DEPARTMENT OF THE AR~ IIIIIIIIIIIIIIIIIII ,.1 - ~_ ~ ALBUQUERQUE DISTRICT. CORPS OF ENGINEERS ~-~ ;~' • i P. O. BOX 1380 (. ,,~.~~ Sy ALBUQUERQUE. NEW MEXICO 87103-15(~ E C E I \I E C~ FAX (303) 760.2770 R Fast e[~w to ~~ri"rion or: August 8, 1991 Construction-Operations Division ~'~> >ti1991 Regulatory Branch iVimed and Reclamation Division Mr. Daniel I. Hernandez Mined Land Reclamation Division Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Hernandez: This is in response to your notice dated July 18, 1991 regarding an application for a permit to conduct gravel mining operations by Mike Coleman and Jerry Seifert, at the Ula Pit, MLRD File No. M-91-083, and Corps of Engineers' Action No. 1991 50334. We have studied the project description, other records, and documents available to us. The site is located three miles west of Wes'tcliffe, Custer County, Colorado in 516, T225, R73W. It appears that the mining site contains the following waters of the United States: a tributary of Taylor Creek. Other waters of the United States 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 requir~ad. Waterfilled depressions created in dry land incidental to construction activity or pits excavated in dry land for the purpos~a 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 pl~icement of dredged or fill material into the pit may be regulated. The work may be permitted by one of the following nationwide permit:a: minor road crossings (33 CFR 330.5(a)(14)); return water from an upland contained dredged material disposal area (33 CFR 330.5(tt)(16)), or discharges of fill into certain waters (33 CFR 330.5(se)(26)). Temporary roads for moving mining equipment may be exempted by regulation (33 CFR 323.4(a)(6)). Then 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.