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Dca? <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 <br />719-543-8102 <br />FAX 719-543-9475 <br />February 12, 2010 <br />REPLY TO <br />ATTENTION OF: <br />Regulatory Division' <br />Southern Colorado Regulatory Office <br />SUBJECT: Action No. SPA-2010-00029-SCO, Jesse Lee Pit <br />Peter Hays <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Hays: <br />&W 'E) I <br />FgCow <br />? FEB 16 2010 <br />Div "n ai t-wdam bOA, <br />,? Mining and Safety <br />C,yH want's <br />The U.S. Army Corps of Engineers (Corps) is in receipt of your letter concerning <br />Pelino, Inc, Jesse Lee Pit, M-1984-043 along the Arkansas River, near Johnson Village, <br />Chaffee County, Colorado, The activity involves sand and gravel pit. We have assigned <br />Action No. SPA-2010-00029-SCO to this activity. To avoid delay, please include this <br />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 (CWA). Under Section 404, the Corps regulates the discharge of dredged and fill <br />material into waters of the United States, including wetlands. Based on your description <br />of the proposed work, other information available to us, and current regulations and <br />policy, we have determined that this project will not involve any of the above activities. <br />Therefore, it will not require Department of the Army authorization under the above <br />laws. However, it is incumbent upon you to remain informed of any changes in the <br />Corps Regulatory Program regulations and policy as they relate to your project. <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 />JD is that the project site contains entirely uplands. The JD form is available at <br />http://www.spa.usace.artny.mil/reg/Jurisdictional - Determinations/jurisdictional-detennin <br />ations.asp. This approved JD is valid for a period of no more than five years from the