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<br />REPLY TO <br />ATTENTION OF: <br />• PARTMENT OF THE ARMY ~ III III III IIIIIII III <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 />December 29, 2000 RECEIVED <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, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Stevens: <br />JAN 0 2 2001 <br />Division of Minerals and GeolaAY <br /> <br />This is in response to your December 22, 2000, notice <br />regarding an application by Fremont Paving & Redi-Mix <br />Incorporated to conduct 231.12 acre sand and gravel mining <br />operations at the McCumber Hill Pit, CDMG File No. M-2000-151 <br />(Corps of Engineers Action No. 2000 00843) <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Canon City, <br />Fremont County, Colorado in Sections 12 and 13, Township 195, <br />Range 70W. It appears that the mining site contains the <br />following water(s) of the United States: Fawn Hollow and other <br />unnamed tributaries. 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 of the following nationwide <br />permits: No. 14, Road Crossings; No. 16, Return Water from Upland <br />Contained Disposal Areas; or No. 44 Mining Activities. Temporary <br />roads for moving mining equipment may be exempted by regulation <br />(33 CFR 323.4(a)(6)). <br />The project may also be permitted by one of the other <br />