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DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />.720 NORTH MAIN STREET, SURE 300 <br />PUEBLO, COLORADO 81003-3047 <br />REPLV TO <br />ATTENTON OF: <br />Operations Division <br />Regulatory Branch <br />Mr. John H. Gerstle <br />Hydrosphere <br />1002 Walnut, Suite 200 <br />Boulder, CO 80302 <br />Dear Gerstle: <br />April 21, 2003 <br />This replies to your March 14, 2003, letter regarding the <br />proposed gravel mining operation adjacent to Froze Creek near <br />Westcliffe, Custer County, Colorado. We have assigned Action No. <br />2002 00599 to this activity. <br />We have evaluated the information you provided and studied <br />the project description, other records, and documents available <br />to us. I revisited the site on April 9, 2003 I again found that <br />no jurisdictional waters of the United States are located within <br />the project site. The property is adjacent to Froze Creek and <br />authorization to conduct work below the ordinary high water mark <br />of Froze Creek would required. Therefore, the project is not <br />regulated under the provisions of Section 404 of the Clean Water <br />Act and a Department of the Army permit will not be required. <br />Our disclaimer of jurisdiction is only for Section 404 of the <br />Federal Clean Water Act. Other Federal, state and local laws may <br />apply to the activities. <br />This jurisdictional determination will be valid for 5 years <br />from the date of this letter unless new information warrants <br />revision of the determination within that time. <br />If you have any questions, please feel free to contact me at <br />(719) 543-6915 or e-mail me at van.a.truanc~usace.army.mil. For <br />