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~ ~ III IIIIIIIIIIIIIIII <br />DEPARTMENT OF THE ARMY <br />ALBUOUEROUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO PROJECT OFFICE <br />720 NORTH MAIN STREET, SUfTE 205 <br />PUEBLO. COLORADO 81003-3046 <br />RCPLY io <br />AlTCrmou or: <br />May 20, 1998 <br />RECEIVEQ <br />operations Division MAY 2 2 ~ggg <br />Regulatory Branch ~L <br />Division of Minerals 8 Geology <br />Mr. James A. Stevens <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Stevens: <br />This is in response to your notice dated May 1, 1998, <br />regarding an application by Kirkland Construction to conduct <br />gravel mining at the Two Rivers Pit, CDMG File No. M-98-038, <br />(Corps of Engineers Action No. 1998 30100). <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Boone, <br />Pueblo County, Colorado in Sections 8, 17, and 18 of <br />Township 21S, Range 61W. The mining site contains the following <br />water(s) of the United States: Arkansas River, Huerfano River, <br />and substantial wetlands adjacent to these rivers. <br />Based on a field visit done by Mr. Van Truan of this office <br />(reference CDMG File No. M-98-010), mining should occur only on <br />uplands. If this is the case, no Section 404 permit would be <br />required. However, if the proposed work involves the excavation <br />or placement of dredged or fill material into the Arkansas or <br />Huerfano Rivers, into the wetlands located in the lowlands along <br />either of these rivers, or into other waters of the United <br />States, a Department of the Army permit under Section 404 of the <br />Clean Water Act will be required. <br />We urge you to consider not allowing gravel mining in the <br />river lowlands of this site. This area at the confluence of the <br />_ Huerfano River with the Arkansas River is very active and the <br />river channels can quickly change, causing a pit set-back buffer <br />to suddenly become inadequate. As I wrote Mr. Bruce Humphries of <br />your office in a letter dated November 6, 1997, there have been a <br />number of river breaches into gravel pits along the Arkansas <br />River in 1995, 1996, and 1997. All of the breached pits were set <br />back from the river bank at least 100 feet. These breaches <br />/// <br />Z~.,~~ <br />ro~ro,~ <br />iii <br />