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• • iii iiiiiiiiiiiii iii 999 DEPARTMENT OF THE AR.. . ALBUOUEROUE DISTRICT. CORPS OF ENGINEERS P. O. HOX 1 S80 ALBUOUEROUE. NEW MEXICO 87109.1580 Y~I~T TO FAX (SOS) 786.2770 •1T [MTIOY 01~ December 4, 1990 ~ ~ "~ - -- Construction-Operations Division Regulatory Branch ~;;~ - ._ _ _J i.; -. ~< Mr. H. Bruce Humphries Mined Land Reclamation Division Department of Natural Resources _ 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Humphries: This is in response to your notice of permit application, File No. M-90-143, Stone City Mine, DFC Ceramics, dated November 26, 1990, for evaluation of an application for a permit to conduct mining operations. We have studied the project description, other records, and documents available to us. The mining site is located near Pueblo, Pueblo County, Colorado, in 536, T18S, R67W. It appears that the mining site contains the following waters of the United States: Booth Gulch and several unnamed tributaries of Booth Gulch. 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 Sates, 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 tc be waters of tie United States until file 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 of the following nationwide permits: minor road crossings (33 CFR 330.5(a)(14)); return water from an upland contained dredged material disposal area (33 CFR 330.5(a)(16)), or discharges of fill into certain waters (33 CFR 330.5(a)(26)). Portions of the work may be exempted by _ regulation for temporary roads for moving mining equipment (33 CFR 323.4(4)(6)).