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~~ <br />. , ~ I DEPARTMENT OF THE ARMY <br />CORPS OF ENGINEERS, OMAHA DISTRICT <br />DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD <br />LITTLETON, COLORADO 80128-6901 <br />October 8, 2003 <br />~~VGIY ~® <br />Mr. cars Mount OCT 0 9 2003 <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 piuision of PJIinB~als and Geology <br />Denver, CO 80203 <br />RE:. Rock-N-Pine, LLC, Rock-N-Pine, File No. M-2003-074 <br />Corps File No. 200380080 <br />Deaz Mr. Mount: <br />Reference is made to the above-mentioned project located in the NW `/< of Section 33, <br />Township 9 South, Range 77 West, Pazk County, Colorado. <br />This.project has been reviewed in accordance with Section 404 of the Clean Water Act under <br />which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material and <br />certain excavation activities in waters of the United States. Waters of the U.S. includes ephemeral, <br />intermittent and perennial streams, their surface connected wetlands and adjacent wetlands and <br />certain lakes, ponds, drainage ditches and irrigation ditches that have a nexus to interstate commerce. <br />Based on the information provided, a Department of the Army permit will not be required for this <br />activity. <br />Although a Department of the Army permit will not be required for this activity, this does <br />not eliminate the requirements that other applicable federal, state, tribal, and local permits are <br />obtained if needed. <br />If there aze any questions concerning this matter, please call Mr. Terry McKee of this office <br />at 303-979.4120 and reference Corps File No. 200380080. <br />Sincerely, <br />Tim y T. azey <br />Chief, Denver Regula Office <br />200380080 <br />