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DEPARTMENT OF THE ARMY // <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />720 NORTH MAIN STREET SUITE 300 <br />PUEBLO CO 81003-3047 <br />December 10, 2003 (~/ <br />Operations Division <br />Regulatory Branch <br />Mr. Harry H. Posey _ <br />Colorado Division of Miner s and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Posey: <br />~-I99~~°~r ~ <br />Reference is made to your November 7, 2003 letter regarding <br />an application by Fremont County to conduct sand and gravel pit <br />expansion operations at the Quagmire Creek pit, nea~otopaxi, <br />Fremont County, Colorado, CDMG File No. M- 0 047 (Corps of <br />Engineers Action No. 2003 00810 <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' ce ely, <br />Diana L. Humphreys <br />Project Manager <br /> <br />