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DEPARTMENT OF THE ARMY <br />ALBUpUEROUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO PROJECT OFFlCE <br />720 NORTH MAIN STREET, SUITE 205 <br />Rtrirro PUEBLO,COLORAD081003-3046 RFCEI~~ED <br />ATCMTON OF: <br />October 15, 1997 pL'~ 17 1997 <br />Operations Division <br />Regulatory Branch <br />Mr. James A. Stevens <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, P.oom 215 <br />Denver, Colorado 80203 <br />Dear Mr. Stevens: <br />~~ivisicn o. lameizs ~. l,,clC~y <br />This is in response to your notice dated September 26, 1997, <br />regarding an application by Pueblo County to conduct gravel <br />mining operations at the Everhart Mine, CDMG File No. CDMG-M-97- <br />081 (Corps of Engineers Action No. 1997 30286) <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Pueblo, <br />Pueblo County, Colorado in Section 15, Township 215, Range 68W. <br />It appears that the mining site contains the following waters of <br />the United States: Red Creek. Other waters of the United States <br />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. P.t 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: minor road crossings (33 CFR 330, App. A, No. 14); <br />return water from an upland contained dredged material disposal <br />area (33 CFR 330, App. A, No. 16); or discharges of fill into <br />certain waters (33 CFR 330, App. A, No. 26). Temporary roads for <br />moving mining equipment may be exempted by regulation (33 CFR <br />323.4(a)(6)). <br />/// <br />ao Mcidcw <br />no 7olsmks <br />/// <br />