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r <br />~ iii iiiiiiiiiiiiiiii <br />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 (779) 543-9475 <br />November 2, 2001 <br />REPLY TO <br />ATTENTION OF: <br />Operations Division <br />Regulatory Branch <br />Np y / <br />o;~;so„e~ 4 ?0pl <br />Migera/r n..: <br />Mr. James A. Stevens ..,~;ogr <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Stevens: <br />~~~~~~' - <br />~~~~y~:i <br />piuision of ~}naTa15 and Geolo9Y <br />°~~,~o f~_t-voi-v~9 - <br />~c ~ L ~r,Ya 1/0~ Ulr~c- <br />V e apt aP~l~i~'14w <br />This is in response to your August 7, 2001, notice regarding <br />an application by Asphalt Constuctions, Inc. to conduct sand and <br />gravel mining operations at the Del Norte West Valley Pit, CDMG <br />- File No. M-2001-069 (Corps of Engineers Action No. 2001 00575). <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Del Norte, <br />Rio Grande County, Colorado in Section 21, Township 40N, <br />Range 6E. It appears that the mining site contains the following <br />water(s) of the United States: wetlands in an unnamed tributary <br />to San Luis Creek. Other waters of the United States may be <br />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 or more nationwide permits <br />provided the applicant complies with all permit conditions. <br />Activities not authorized by a nationwide permit may require an <br />individual permit. <br />