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DEPARTMENT oFTHE ARMT ALBUpUEROUE DISTRICT, CORPS OF ENGINEERS 30UTNERN COLORADO PROJECT OFFICE 720 NORM MAIN STREET, SURE 205 Rmr A PUEBLO, COLORADO 6 10033046 ATi[wnd OI: August 27, 1998 (- Operations Division Regulatory Branch Mr. James A.' Stevens Colorado Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Stevens: RECEIVED A.llG 2 8 i996 DIV. OF MINERALS 8 GEOLOGY This is in response to.your notice dated August 3, 1998, regarding an amendment application by Cripple Creek & Victor Gold to conduct metal mining at the Cresson Project, CDMG File No. M-80-244 (Corps of Engineers Action NO. 1992 30159). We have studied the project description, other records, and documents available to us. The site is located near Victor, Teller County, Colorado in Township 155, Range 69W. It appears that the amended mining site contains the following water(s) of the United States: Squaw Gulch and several unnamed tributaries of Wilson Creek. 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 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. We have had a number of discussions with the Cripple Creek & Victor Gold Mining Company about necessary Section 404 permits for their mining work. PLAINTIFF'S EXHIBR // a/-Nk-z3o'7 UU3279