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1 L C "-;?; <br />ATTENTION OF: <br />Regulatory Division <br /> <br />Berhan Keffelew <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. Keffelew: <br />February 20, 2009 <br />B 2 R <br />/ _ Division m; -anon, <br />?(j Mining anti Safety <br />This replies to your January 29, 2009, transmittal regarding an application by Rocky <br />Mountain Materials & Asphalt, Inc. to conduct asphalt plant operations at the South Asphalt <br />Plant, in Colorado Springs, El Paso County, Colorado, CDRMS File No. M-2009-004 (Corps of <br />Engineers Action No. SPA-2009-00097-SCO). <br />We have studied the project description, other records, and documents available to us. The <br />project is not regulated under the provisions of Section 404 of the Clean Water Act and a <br />Department of the Army permit will not be required. This determination was made because it <br />does not appear that the proposed mining will be conducted in waters of the United States. <br />If you have any questions, please feel free to contact me at 719-543-8102 or by, email at <br />dana.l.humphreys@usace.army.mil. For more information about the regulatory program, please <br />see our web site at www.spa.usace.anny.mil/reg. <br />7 Si ere , <br />i <br />Diana Humphreys <br />Project Manager <br />DEPARTMENT OF THE ARMY 44 <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />200 SOUTH SANTA FE AVENUE, SUITE 301 <br />PUEBLO, COLORADO 81003-4270