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September 12, 2002 DEPARTMENT OF THE ARMY ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS SOUTHERN COLORADO REGULATORY OFFICE 720 NORTH MAIN STREET, SUITE 205 PUEBLO, COLORADO 81003.3046 FAX (719)543-9476 FiECEleIED REPLY TO ATTENTION OF: Operations Division Regulatory Branch 1313 Sherman Street, Room 215 Denver, Colorado 80203 Mr. James A. Stevens Colorado Division of Minerals and Geology Department of Natural Resources Dear Mr. Stevens: rl,2oo a ./" C~9~'-.. SEP 1 3 2002 ~~ Oivisian of Minerals and Geology This is in response to your August 29, 2002, notice regarding an application by Ranch Land LLC to conduct mining reclamation operations at the Ranch Land Rock Pit No.l, CDMG File No. M-2002- 096 (Corps of Engineers Action No. 2002 00590) We have studied the project description, other records, and documents available to us. The site is located near Pueblo, Pueblo County, Colorado in Section 24, Township 205, Range 68W. It appears that the mining site contains the following water(s) of the United States: Red Creek. Other waters of the United States may be located on the site. If the proposed work involves discharges of dredged or fill material into waters of the United States, a Department of the Army permit under Section 404 of the Clean Water Act may be required. Waterfilled depressions created in dry land incidental to construction activity or pits excavated in d-ry land for the purpose of obtaining, fill, sand, or gravel are generally not considered to be waters of the United States until the pit is no longer used for obtaining fill. At that time, waterfilled depressions may be considered a water of the United States and the placement of dredged or fill material into the pit may be regulated. The work may be permitted by one or more nationwide permits, provided the applicant complies with all permit conditions. Activities not authorized by a nationwide permit may require an individual permit.