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yl <br />7 <br />eclo <br />DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />DURANGO REGULATORY OFFICE me <br />799 E. 3RD STREET, UNIT #2 <br />DURANGO, COLORADO 81301 MAR 01 2010 <br />J Division of Recii-mm A, <br />Mining and Safety <br />February 24, 2010 <br />SUBJECT: Action No. SPA-2010-00114; Mine Permit #M-2009-094 <br />Mr. Bob Oswald <br />Environmental Protection Specialist <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Oswald: <br />The U. S. Army Corps of Engineers (Corps) is in receipt of your letter dated <br />January 21, 2010, concerning Asphalt Constructors, Inc., Alamosa Pit, File No. M-2009- <br />094. The activity involves surface mining of sand on an approximately 89-acre site in <br />Alamosa County, Colorado. We have assigned Action No. SPA-2010-00114 to this <br />activity. To avoid delay, please include this number in all future correspondence <br />concerning this project. <br />We have reviewed this project in accordance with Section 404 of the Clean <br />Water Act. Under Section 404, the Corps regulates the discharge of dredged and fill <br />material into waters of the United States (U. S.), including wetlands. Any such discharge <br />or work requires Department of the Army authorization in the form of a permit. For <br />more information on the Corps Regulatory Program, please see our Internet homepage at <br />http://www.spa.usace.army.mil/reg/default.asp. <br />We are unable to determine from the information provided whether Department of <br />the Army authorization will be required. However, based on our initial evaluation of <br />topographical maps, aerial photographs and National Wetlands Inventory maps <br />(enclosed), we have determined that waters of the United States subject to Section 404 <br />may occur within the proposed project area. Activities such as mechanized land clearing <br />and constructing temporary and permanent road crossings are examples of construction <br />activities that may require Department of the Army authorization where they occur in <br />waters of the U. S. <br />If a Department of the Army permit is required, the project may be authorized by one <br />or more general permits, summaries of which are available on our website at <br />http://www.spa.usace.army.mil/reg/nationwides-new/nationwide%20permits.asp. For