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~ iii iiiiiiiiiiiu iii ~ <br />DEPARTMENT OF THE ARMY <br />AUUOUEROUE DISTRICT, COR/{ OF ENGINEERS <br />I.O.{OX 1560 <br />ALIUOUEROUE, NEW YEXICO 671011560 <br />FA% (505)'!66-R7)0 <br />11ALV TO <br />AltENTIOM Of: <br />May 28, 1991 <br />Construction-Operations Division <br />Regulatory Branch <br />RECEIVF~~~ <br />n~.; <br />M;;Y :, <br />Mined Land <br />Reclamation Division <br />Mr. Daniel I. Hernandez <br />Mined Land Reclamation Division <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Hernandez: <br />This is in response to your notice dated May 14, 1991, <br />regarding an application for a permit to conduct underground <br />mining operations by Indian Creek Mining Corporation at the <br />Proffitt Mine, MLRD File No. M-91-054 (Corps of Engineers Action <br />No. 199150182). <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Bonanza, <br />Saguache County, Colorado, in 519, T47N, R7E. Information <br />available to us indicates that the mining site does not contain <br />waters of the United States. However, waters of the United <br />States of which we are not aware may be located on the site. <br />If the proposed work involves discharges of dredged or fill <br />material into waters of the United States, a Department of the <br />Army permit under Section 404 of the Clean Water Act may be <br />required. Waterfilled depressions created in dry land incidental <br />to construction activity or pits excavated in dry land for the <br />purpose of obtaining fill, sand, or gravel are generally not <br />f'rl T.C ldPred *^ b° :raters 3f ho f d nt3t ^t the i.~ i,0 <br />t.._ Jnite U 2s w ~1 pit <br />longer used for obtaining fill. At that time, waterfilled <br />depressions may be considered a water of the United States and <br />the placement of dredged or fill material into the pit may be <br />regulated. <br />The work may be permitted by one of the following nationwide <br />permits: minor road crossings (33 CFR 330.5(a)(14)); return <br />water from an upland contained dredged material disposal area <br />(33 CFR 330.5(a)(16)), or discharges of fill into certain waters <br />(33 CFR 330.5(a)(26)). Temporary roads for moving mining <br />equipment may be exempted by regulation (33 CFR 323.4(a)(6)). <br />