2009-09-29_PERMIT FILE - M2009074

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Lmk RIP[,) TO (719) 543-9459 FAX (719) 543-9475 September 28, 2009 Regulatory Division Southern Colorado Regulatory Office SU-BJECT: The-Ore Pit,-CDR-MS-File-No. M-2009-074-------- DEPARTMENT OF THE ARMY y ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS 200 SOUTH SANTA FE, SUITE 301 PUEBLO, COLORADO 81003-4270 Corps of Engineers Action No. SPA-2009-00596-SCO Thomas Joseph ,7?9 Colorado Backhoe Service 25193 South Road Pueblo, Colorado 81006 Dear Mr. Joseph: I am writing this letter in response a notice from the Colorado Division of RECRIVED AIE'P z s zoos Division o, K-eclamation, Alining and Safety Reclamation, Mining and Safety concerning your CDRMS application to conduct surface extraction of construction materials and reclamation at the site formally known as The Ore Pit located in Section 6, Township 21 South, Range 63 West, of the Sixth Principal Meridian, Pueblo County, Colorado. We have assigned Corps of Engineers Action No. SPA-2009-00596-SCO to this activity. To avoid delay, please include this number in all future correspondence concerning this project. We have reviewed this project in accordance with Section 404 of the Clean Water Act. Under Section 404, the Corps regulates the discharge of dredged and fill material into waters of the United States, including wetlands. Based on your description of the proposed work, other information available to us, and current regulations and policy, we have determined that this work will not require a Department of the Army permit since the project will not involve any of the above activities. The Corps based this decision on an approved jurisdictional determination (J D) 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 consists entirely of uplands. The JD form is available at http://www.spa.usace.an-ny.miI/reg/Jurisdictional Determinations/