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DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />720 NORTH MAIN STREET, SUITE 205 <br />PUEBLO, COLORADO 81003-3046 <br />FAX (719) 543-9475 <br />REPLY TO <br />ATTENTION OF: <br />Operations Division <br />Regulatory Branch <br />Mr. Joe Gagliano <br />Barnhart Agency, Inc. <br />212 West 13th Street <br />Pueblo, CO 81003 <br />Dear Mr. Gagliano: <br />September 16, 2002 <br />This replies to your September 5, 2002, letter regarding the <br />proposed Boyer Gravel Pit near Westcliffe, Custer County, <br />• Colorado. We have assigned Action No. 2002 00599 to this <br />activity. <br />We have evaluated the information you provided and studied <br />the project description, other records, and documents available <br />to us. I visited the site on September 13, 2002. We have <br />determined that no waters of the United States are located within <br />the project site. There are no Corps of Engineers' <br />jurisdictional waters on the site. Therefore, the project is not <br />regulated under the provisions of Section 404 of the Clean Water <br />Act and a Department of the Army permit will not be required. <br />Our disclaimer of jurisdiction is only for Section 404 of the <br />Federal Clean Water Act. Other Federal, state and local laws may <br />apply to the activities. Therefore, you should also contact <br />other Federal, state and local regulatory authorities to <br />determine whether the activities may require other authorizations <br />or permits. <br />This determination will be valid for 2 years from the date of <br />this letter unless new information warrants revision of the <br />determination within that time. <br />This jurisdictional determination will be valid for 5 years <br />from the date of this letter unless new information warrants <br />revision of the determination within that time. <br />If you have any questions, please feel free to contact me at <br />(719) 543-6915 or e-mail me at van.a.truan@usace.army.mil. For <br />more information about the regulatory program, please see our web <br />