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DEPARTMENT OF THE ARMY ' " <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />200 SOUTH SANTA FE AVENUE, SUITE 301 <br />PUEBLO, CO 81003 <br />April 11, 2007 <br />Operations Division <br />Regulatory Branch <br />r4~ ~~'C'A ~~, <br />. /'"uMr,~Gn~G~~~~ <br />// Szfely <br />Mr. Deb E. Gonima <br />Colorado Division of Reclamation, Mining & Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Ms Gonima; <br />Reference is made to your March 26, 2007 letter regarding an <br />application by Larsen Colorado LLC -Byzantine Quarry mining <br />operation near canon City, Fremont County, Colorado, CDMG File <br />No. ~f-2007-014 (Corps of Engineers Action No. SPA-2007-185). <br />We have studied the project description, other records, and <br />documents available to us. The project is not regulated under <br />the provisions of Section 404 of the Clean Water Act and a <br />Department of the Army permit will not be required. This <br />determination was made because it does not appear that the <br />proposed mining will be conducted in waters of the United States. <br />If you have any questions, please feel free to contact me at <br />(719) 543-6915 or a-mail me at van.a.truan~usace.army.mil. For <br />more information about the regulatory program, pl se see our web <br />site at www.spa.usace.army.mil/reg. <br />Sincerely, <br />c2- pfd <br />Van A. Truan <br />Chief, Southern Colorado <br />Regulatory Office <br />