2009-07-21_PERMIT FILE - M2009027 (2)

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JUL-21-2009 01:04PM FROM-DIV RECLAMATION MINING & SAFETY +3038328106 T-822 P.003/003 F-825 under the above laws. However, it is incumbent upon you to remain informed of any changes in the Corps Regulatory Program regulations and policy as they relate to your project. The Corps based this decision on an approved jurisdictional determination (JD) that there are no waters of the United States on the project site. The basis for this approved jurisdictional determination (JD) is that the project site contains entirely uplands. The JD form is available at http://www.spa.us acc.ann :mil/re Jurisdictional Determinations/'urisdictional detennin ations.as. This approved JD is valid for a period of no more than five years from the date of this letter unless new information warrants revision of the delineation before the expiration date. You may accept or appeal this approved JD or provide new information in accordance with the Notification of Administration Appeal Options and Process and Request For Appeal (NAAOP-RFA). This form is available at htt ://www.s a.usace_arm .mil/re Administrative%20A eals/a eals rocess.as . If you elect to appeal this approved JD, you must complete Section 11 (Request For Appeal or Objections to an Initial Proffered Permit) of the Porn and return it to the Army Engineer Division, South Pacific, CESPD-PDS-O, Attn: Tom Cavanaugh, Administrative Appeal Review Officer, 1455 Market Street, Room 1760, San Francisco, CA 94103--1399 within 60 days of the date of this notice. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety and waive all rights to appeal the approved JD. If you have any questions concerning our regulatory program, please contact me at 719-543-8102 or by e-mail at Diana.L.Humphreys@usace.army.mil. S' ccrcly Diana L. Humphreys Project Manager Copies furnished: Louis Vezzani Walsenburg Sand and Gravel PO Box 352 Walsenburg, CO 81089-0352