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~. <br />~ iii iiiiiiiiiiiiiiii ~ <br />DEPARTMENT OF THE ARMY <br />AIJUOUEROUE DISTRICT, COR-S OF ENGINEERS <br />F.o.~ox 1550 <br />AUUOUEROUE, NEW ME%ICO 571011350 <br />FAx (305) 765.4770 <br />en~r ro <br />Arlaxriox or: <br />Sc}Member 9, 19~i1 <br />Construction-Operations Division <br />Regulatory Branch <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 D;r. iernandez: <br />__., r~ <br />CEP 1 l 1991 <br />Mined L~,;;,y <br />~eclam~,!:r;;, C,, ; <br />"i.: ri <br />This is in response to your notice dated August 19, 1991, <br />regarding an application for a permit to conduct gravel mining <br />operations by Howard and Barbara Stone at the Stones Ranch Gravel <br />Pit, Mi.l2D File No. DS-91-080 (Corps of Engineers Action No. 1991 <br />50395). <br />We have studied the project description, other records, and <br />documents available to us. 'T'he site is located 10.5 miles south <br />of Florissant, Teller County, Colorado, in 529, T14S, R70W. It. <br />appears that the mining site contains the following water of the <br />United States: an unnamed tributary of Fourmile Creek. Other <br />waters of the United States 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 />purpos~= of obtaining fill, sand, or gravel are generally not <br />considered to be waters oP the United States until the nit is no <br />longer used nor obtaining fill. At that time, waterfilled <br />depres;ai.ons may he considered a water of the United States and <br />the pl;scement of dredged or fill material into the pit may be <br />regulated. <br />Th~a work may be permitted by one of the following nationwide <br />permit:a: minor r03d crossings (33 CFR 330.5(a)(14)); return water <br />from an upland contained dredged material disposal area (33 CFR <br />330.5(~i)(16)); or discharges of fill into certain waters (33 CFR <br />330.5(ti)(26)). Temporary roads for moving mining equipment m<~y <br />be exempted by regulaticn (33 CFR 323.4(a)(6)). <br />