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<br />• DEPARTMENT OF THE ARMY <br />CORPS OF ENGINEERS, OMAHA DISTRICT <br />DENVER REGULATORY OFFICE, 9307 S. Wadsworth Boulevard <br />LITTLETON, COLORADO 80128-6901 <br />?A March 16, 2009 <br />Mr. Michael Cunningham f Y 2 32C09 <br />Division of Reclamation, Mining and Safety Division oti?eclat <br />ation, <br />Department of Natural Resources Mining and Safety <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />RE: Varra Companies, Inc., Heintzelman Project (Pit 116), File No. M-2009-018 <br />Corps File No. 200680392 <br />Dear Mr. Cunningham: <br />Reference is made to the above-mentioned project located in the east V2 of Section 32, T3N, <br />R67W, Weld County, Colorado. See the attached copy of my July 25, 2006 letter to Mr. Brad Janes. <br />This project has been reviewed by Mr. Terry McKee of my office in accordance with Section <br />404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of <br />dredged and fill material, and any excavation activity associated with a dredge and fill project in waters <br />of the United States. <br />Based on the information provided, a Department of the Army (DA) Permit will not be required <br />for work at this site. Although a DA Permit will not be required for the project, this does not eliminate <br />the requirement that other applicable federal, state, and local permits be obtained as needed. <br />If any work is proposed, which will result in the placement of dredged or fill material, either <br />temporary or permanent, in the Seep Ditch or the Last Chance Ditch, this office should be notified by a <br />proponent of the project for Department of the Army permits or changes in permit requirements pursuant <br />to Section 404 of the Clean Water Act. <br />If there are any questions call Mr. Terry McKee of my office at (303) 979-4120 and reference <br />Corps File No. 200680392. <br />tin <br />enclosure