2008-10-30_PERMIT FILE - M2008025

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e(d ';Z1 co a-az 5 DEPARTMENT OF THE ARMY ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS SOUTHERN COLORADO REGULATORY OFFICE 200 SOUTH SANTA FE AVENUE, SUITE 301 PUEBLO, COLORADO 81003-4270 REPLY TO ATTENTION OF: October 28, 2008 Regulatory Division Mr. Michael A. Cunningham Colorado Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Cunningham: L)i Reference is made to your October 8, 2008, transmittal regarding an application by Mr. Tim Kunau to conduct gravel mining operations at the Kunau Site, near Yoder, El Paso County, Colorado, CDMG File No. M-2008-25 (Corps of Engineers Action No. SPA-2008-00465-SCO). We have studied the project description, other records, and documents available to us. The site is located in Section 22, Township 13S, Range 61W. It appears that the mining site contains the following water(s) of the United States: two Pond Creek Tributaries. 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. The work may be permitted by one or more nationwide permits, provided the applicant complies with all permit conditions. Activities not authorized by a nationwide permit may require an individual permit.