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DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />200 SOUTH SANTA FE AVENUE, SUITE 301 <br />PUEBLO CO 81003 <br />April 8, 2008 <br />Regulatory Division <br />Ms. Deb Zack <br />Colorado Division of Reclamation <br />Mining and Safely <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br /> <br />APR 11 200S <br />Divisrcrr ,;; ::,;, Barron, <br />Mining and Safety <br />"20q <br />Dear Ms Zack; <br />Reference is made to your march 13, 2008 letter regarding an <br />application by Continental Materials Corporation to conduct sand <br />and gravel mining operations at the Daniels Sand Pit 2, near <br />Colorado Springs, E1 Paso County, Colorado, CDMG File No. M-1973- <br />007-SG (Corps of Engineers Action No. SPA-2008-00142-SCO.). <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 e-mail me at Diana.l.humphreys@usace.army.mil. <br />For more information about the regulatory program, please see our <br />° web site at www.spa.usace.army.mil/reg. <br />S' c rely, <br />Diana Humphreys <br />Project Manager <br />Copy furnished: <br />Joseph Sum <br />Continental Materials Corporation <br />444 East Costilla Avenue <br />Colorado Springs, CO 80901