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DEPARTMENT OF THE ARMY ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS SOUTHERN COLORADO REGULATORY OFFICE 720 NORTH MAIN STREET, SUITE 205 PUEBLO, COLORADO 9'1003-3046 ~~ FAX (719) 543-9475 March 18, 2002 REPLY TO ATTENTION OF: Operations Division Regulatory Branch Mr. James A. Stevens Colorado Division of Minerals and Geology Department of Natural Resources 1313 Sherrnan Street, Room 215 Denver, Colorado 80203 Dear Mr. Stevens: RECEIVED MAR 19 2002 Division of Minerals and Geology This is in response to your March 14, 2002, notice regarding an application by GCC Rio Grande, Inc. for a cement plant and limestone quarry operations at the Red Rock Plant & Limestone Mine, CDMG File No. M-2002 004 (Corps of Engineers Action No. 2001 00832). We have studied the project description, other records, and documents available to us. .The site is located near,Pueblo, Pueblo County, Colorado in Sections 13, 23, 24, and 25, Township 225, Range 65W and Sections 18, 19, and 30, Township 22s, Range 64W. It appears that the mining site contains the following water(s) of the United States: Saint Charles River, and unnamed tributaries of Greenhorn Creek, and Edson Arroyo. 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 dry 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.