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?1q5/ <br /> <br />REPLY TO <br />ATTENTION OF: <br />September 8, 2009 <br />km <br /> <br />Regulatory Division <br />Southern Colorado Regulatory Office <br />SUBJECT: Action Number SPA-2009-00551-SCO, CDRMS Permit No. M-2000-115 <br />Jared Ebert ? <br />Colorado Division of Reclamation, <br />Mining & Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Ebert: <br />I am writing this letter in response tyour public notice concerning the proposed <br />expansion of existing Mullett Excavating Pit #1 located in Section 19, Township 29 <br />South, Range 61 West, of the Sixth Principle meridian, Las Animas County, Colorado. <br />We have assigned Action No. SPA-2009-00551-SCO to this activity. To avoid delay, <br />please include this number in all future correspondence concerning this project. <br />We have reviewed this project in accordance with Section 404 of the Clean Water <br />Act. Under Section 404, the Corps regulates the discharge of dredged and. fill material <br />into waters of the United States, including wetlands. Based on your description of the <br />proposed work, other information available to us, and current regulations and policy, we <br />have determined that this project will not involve the discharge of dredged or fill material <br />into jurisdictional waters. Therefore, it will not require Department of the Army <br />authorization. <br />The Corps based this decision on an approved jurisdictional determination (JD) that <br />there are no waters of the United States on the project site. The basis for this approved <br />jurisdictional determination (JD) is that the project site'consists entirely of uplands. The <br />JD form is available at htti)://www.spa.usace.army.mil/reWJurisdictional Determinations/ <br />jurisdictional determinations.asp. This approved JD is valid for a period of no more than <br />five years from the date of this letter unless new information warrants revision of the <br />delineation before the expiration date. <br />DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />200 SOUTH SANTA FE, SUITE 301 <br />PUEBLO, COLORADO 81003-4270 <br />(719) 543-9459 <br />FAX (719) 543-9475