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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; COLORADO 81003=-4270 <br />November 21, 2008 <br />REPLY TO . .. <br />ATTENTION OF: <br />Regulatory Division <br />Mr. Tim Kunau s ... u . <br />23945,Lucky_Lane .. r ...:, , .. ?1?::•_, ....:?? „?:. -?; :; . <br />Calhan, Colorado 80808 <br />Dear r. j?q au: <br />This letter is in response to a November 14, 2008, telephone conversation with Mr. Tim <br />Hassett regarding the proposed Kunau Gravel Mine, near Yoder, El Paso County, Colorado <br />(Corps of Engineers Action No. SPA-2008-00465-SCO). During the subject conversation, Mr. <br />Hassett requested a reevaluation of the potential jurisdictional waters, which I previously <br />identified on the site in an October 28, 2008, letter to Mr. Michael A. Cunningham, Colorado <br />Division of Reclamation, Mining and Safety, Department of Natural Resources. <br />Based on information obtained during a site .visit on November 20, 2008, I have <br />determined that the previously identified jurisdictional waters are not considered to be waters of <br />the United States. Therefore, the proposed project is not regulated under the provisions of <br />Section 404 of the Clean Water Act and a Department of the Army permit will not be required. <br />Our disclaimer of jurisdiction is only for Section 404 of the Federal Clean Water Act. <br />Other Federal, state and local laws may apply to the activities. Therefore, the applicant should <br />also contact other Federal, state and local regulatory authorities to determine whether the <br />activities may require other authorizations or permits. <br />This letter contains an approved jurisdictional determination for your subject site. If you <br />object to this determination, you may request an administrative appeal under Corps' regulations at <br />33 CFR Part 331. Enclosed you will find a Notification of Appeal Process and Request for <br />Appeal form. If you request to appeal this determination you must submit a completed Appeal <br />form to the South Pacific Division Office at the following address: <br />Mr. Tom Cavanaugh <br />Appeal Review Office <br />U.S. Army Corps of Engineers, CESPD-PDS-O <br />1455 Market Street, Room 1760 <br />San Francisco, CA 94103-1399 <br />Tel. 415-503-6574 FAX 415-503-6646