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DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />720 NORTH MAIN STREET SUITE 300 <br />PUEBLO CO 81003-3047 <br />June 16, 2004 <br />Operations Division RECEIVED <br />Regulatory Branch <br />JUN17~ <br />Mr . Anthony J . Waldron Division of Mineral; and Ceologv <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Waldron: <br />Reference is made to your June 11, 2004 letter regarding an <br />application by Valco, Inc. to conduct sand and gravel mining <br />operations at the Valco T Pit near Trinidad, Las Animas County, <br />Colorado, CDMG File No. M-2004-043 (Corps of Engineers Action No. <br />2004 00384). <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) 543-6914 or e-mail me at anita.culp(~usace.army.mil. For <br />more information about the regulatory program, please see our web <br />site at www.spa.usace.army.mil/reg. <br />Sincerel/, <br />--- <br />Anita E. Cul <br />Senior Project Manager <br />Copy furnished: <br />Mr. Thomas E. Brubaker <br />Valco, Inc. <br />P.O. Box 550 <br />Rocky Ford, CO 81067-0550 <br />