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DEPARTMENT OF THE ARMY <br /> <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />200 SOUTH SANTA FE AVENUE, SUITE 301 <br />PUEBLO, COLORADO 81003 <br />719-543-8102 <br />FAX 719-543-9475 <br />July 20, 2009 <br />REPLY TO <br />ATTENTION OF: <br />Regulatory Division <br />Southern Colorado Regulatory Office <br /> <br />MCC v E® <br />Jul. 21 2009 <br />Div*Wn of Reclamation, <br />Mining and Safety <br />SUBJECT: Action Number SPA-2009-00207-SCO, CDRMS, Walsenburg Sand and <br />Gravel <br />Wallace Erickson <br />State of Colorado <br />Colorado Division of Reclamation Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Erickson: <br />The U.S. Army Corps of Engineers (Corps) is in receipt of your letter concerning <br />the Walsenburg Sand and Gravel's new pit, near the Huerfano River, DRMS' No. M- <br />2009-027, near Walsenburg, Huerfano County, Colorado. The activity involves sand and <br />gravel mining. We have assigned Action No. SPA-2009-00207-SCO to this activity. To <br />avoid delay, please include this number in all future correspondence concerning this <br />project. <br />We have reviewed this project in accordance with Section 404 of the Clean Water <br />Act (CWA) and Section 10 of the Rivers and Harbors Act of 1899 (RHA). Under <br />Section 404, the Corps regulates the discharge of dredged and fill material into waters of <br />the United States, including wetlands. The Corps responsibility under Section 10 is to <br />regulate any work in, or affecting, navigable waters of the United States. Based on your <br />description of the proposed work, other information available to us, and current <br />regulations and policy, we have determined that this project will not involve any of the <br />above activities. Therefore, it will not require Department of the Army authorization