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-•, DEPARTMENT OF THE ARMY ALBUOUEROUE DISTRICT, CORPS OF ENGINEERS SOUTHERN COLORADO PROJECT OFFICE 720 NORTH MAIN STREET, SURE 205 RCPLY ro PUEBLO, COLORADO 8 1003-3046 A„s„no„o.: January 8, 1999 operations Division ;ECEIVED Regulatory Branch JAN 13 ~ggg :....: dl !alinerals 8 Geology Mr. Carl B. Mount Colorado Division of Minerals and Geology Department of Natural Resource 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Mount: ~II ~I~~I~~I~~~~~ ~I~ 999 This is in response to your notice dated December 21, 1998, regarding an application by ACA Products to expand the existing gravel pit mining operations at the Pine Ridge Pit from 9.9 acres to 102.4 acres, CDMG File No. M-98-104 (Corps of Engineers Action No. 1999 30005). We have studied the project description, other records, and documents available to us. The site is located near Leadville, Lake County, Colorado-,in.,Section 7, Township.lOS,.Range 80W. It appears that the mining'site contains the following water(s) of the United States: 2 unnamed tributaries of the Arkansas River. Other waters of the United States may be located on the site, for example, wetlands associated with the streams, or isolated wetlands. If the proposed work involves discharges of dredged or fill material into waters of the United States, 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 to be waters of the United States until the 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: No. 14, Road Crossings; No. 16, Return Water from Upland Contained Disposal Areas; or No. 26, Headwaters and Isolated Waters Discharge. Temporary roads for moving mining equipment may be exempted by regulation (33 CFR 323.4(a)(6)).