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<br /> <br /> <br />REPLY TO <br />ATTENTION OF: <br />November 15, 1999 <br />RECEIVE® <br />Operations Division <br />Regulatory Branch <br />Denver, Colorado 80203 <br />Mr. James A. Stevens <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Dear Mr. Stevens: <br />NOV 1'7 1999 <br />. ~n of Mineral ~ Geoto9Y <br />This is in response to your notice dated November 1, 1999, <br />regarding an application by Evan Melby, Inc. to conduct sand and <br />gravel mine mining operations at the Pit 1 mine, CDMG File No. M- <br />99-073 (Corps of Engineers Action No. 1999 00357) <br />We have studied the project description, other records, and <br />documents available to us. The site is located near San Luis, <br />Costilla County, Colorado in Section 34, Township 2N, Range 72W. <br />It appears that the mining site contains the following water(s) <br />of the United States: an unnamed tributary of Sanchez Reservoir. <br />Other 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 />to construction 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 />permits: No. 14, Road Crossings; No. 16, Return Water from Upland <br />Contained Disposal Areas; or No. 26, Headwaters and Isolated <br />Waters Discharge. Temporary roads for moving mining equipment <br />may be exempted by regulation (33 CFR 323.4(a)(6)). <br />The project may also be permitted by one of the other <br />nationwide permits, provided the applicant complies with all <br />• DEP III I II IIIIIIIIII III ARM • <br />ALBUOUE. 999 'ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />720 NORTH MAIN STREET, SUITE 205 <br />PUEBLO, COLORADO 81003-3046 <br />FAX (719)53-4175 <br /> <br />