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~bz, ~ w <br />/~ <br />DEPARTMENT OFTHE ARMY <br />~~ ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />200 SOUTH SANTA FE AVENUE, SUITE 301 <br />PUEBLO CO 81003 <br />June 18, 2007 <br />°NJ ,7vo 7 007 <br />~r: G'o~ <br />RECEIVED <br />Operations Division ~UN,7'~ 20~~ <br />Regulatory Branch <br />Division of HeolametioH, <br />Mining and Safety <br />Mr. David Bird <br />Colorado Division of Reclamation & Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Bird: <br />Reference is made to your letter regarding an application by <br />Mr. Myron Mullett to conduct sand and gravel mining operations at <br />the Mooney Hills Permit, near Trinidad, Las Animas County, <br />Colorado, CDRMS File No. 2007-007 (Corps of Engineers Action No. <br />SPA-2007-156-SCO). <br />We have studied the project description, other records, and <br />documents available to us. The project is not regulated under <br />the provisions of Section 404 of the Clean Water Act and a <br />Department of the Army permit will not be required. This <br />determination was made because it does not appear that the <br />proposed mining will be conducted in waters of the United States. <br />If you have any questions, please feel free to contact me at <br />719-543-8102 or e-mail me at Diana.L.Humphreys@usace.army.mil. <br />For more information about the regulatory program, please see our <br />web site at www.spa.usace.army.mil/reg. <br />S' c ely, <br />- ~~ <br />Diana Humphreys <br />Project Manager <br /> <br />