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<br />v,_ v <br />REPLY TO <br />ATTENTION OF: <br />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 />October 22, 2009 <br />Regulatory Division <br />Berhan Keffele'A/ <br />Colorado Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Keffelew: <br />cN0/ <br />'/OCT 2 7 2009 <br />Div Wn of R "#M, <br />Wining and SBfet?r <br />This replies to your transmittal regarding an application by GCC Rio Grande, Inc to <br />conduct gypsum mining operations at the Salt Canyon pit, near Penrose, Fremont County, <br />Colorado, CDRMS File No. M-19977064 (Corps of Engineers Action No. SPA-2009-00647.). <br />We have studied the project description, other records, and documents available to us. The <br />site is located in Section 26, Township 17S, Range 68W. It appears that the mining site contains <br />the following water(s) of the United States: Salt Canyon. Other waters of the United States may <br />be located on the site. <br />If the proposed work involves discharges of dredged or fill material into waters of the <br />United States, a Department of the Army permit under Section 404 of the Clean Water Act may <br />be required. Waterfilled depressions created in dry land incidental to construction activity or pits <br />excavated in dry land for the purpose of obtaining, fill, sand, or gravel are generally not <br />considered to be waters of the United States until the pit is no longer used for obtaining fill. - At <br />that time, waterfilled depressions may be considered a water of the United States and the <br />placement of dredged or fill material into the pit may be regulated. <br />The work may be permitted by one or more nationwide permits, provided the applicant <br />complies with all permit conditions. Activities not authorized by a nationwide permit may <br />require an individual permit.