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DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />200 SOUTH SANTA FE <br />COLORADO 8903-42170E 301 <br />P RECEIVED <br />ATTENTION OF: <br />Regulatory Division <br />December 15, 2008 <br />Michael Cunningham <br />Colorado Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Cunningham: <br />DEC 171008 <br />Division of Reclamation, <br />Mining and j+afety <br />This replies to your December 8, 2008 transmittal regarding <br />an application by GP Ranches LLC to conduct sand and gravel <br />mining operations at the West Farm Pit, near Lamar, Prowers <br />County, Colorado, CDRMS File No. -2008-078 (Corps of Engineers <br />Action No. SPA-2008-00016). <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 />719-543-8102 or by email at El Paso. For more information about <br />the regulatory program, please see our web site at <br />www.spa.usace.army.mil/reg. <br />S' ce ely, <br />Diana Humphreys <br />Project Manager