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<br />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, COLORADO 81003-4270 <br />REPLY TO <br />ATTENTION OF: <br />October 28, 2008 <br />Regulatory Division <br />Mr. Michael A. 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 />._ made to` your„October .8.., 2008-,• transmittal <br />Reference <br />regarding': an appl=icatiorT by Mr. Tim K.u'nau to conduct gravel <br />mini-ng*operat ons at the Kunau Site, near Yoder, El Paso County, <br />Colorado, CDMG File No. M-2008-25 (Corps of Engineers Action <br />No. SPA-2008-00465-SCO). <br />We have studied the project description, other records, and <br />documents available to us. The site is located in Section 22, <br />Township 13S*, Range 61W. It appears that the mining site <br />contains the following water(s) of the United States: two Pond <br />Creek Tributaries. Other waters of the United States may be <br />located on the site. <br />If the proposed work involves discharges of dredged or fill <br />material into waters of the United States, a Department- of the <br />Army permit under Section 404 of the Clean Water Act may be <br />required. Waterfilled depressions created in dry'land incidental <br />to construction activity or pits excavated in dry land for the <br />purpose of obtaining, fill, sand, or gravel are generally not <br />considered to be waters of the United States until the pit is no <br />longer used for obtaining fill. At that time, waterfilled <br />depressions may be considered a water of the United States and <br />the placement of dredged or fill material into the pit may be <br />regulated.,. <br />The :wo'rk'.inay be permitted by one. or, more nationwide.-,pe.r-mits, <br />pr.ovided'c'the? applicant `complies, with,Aall permit conditions . <br />Activities".not ''authorized by a "nationwide 'permit may require an <br />individual permit.