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DEPARTMENT OF THE ARMY <br />CORPS OF ENGINEERS, OMAHA DISTRICT <br />DENVER REGULATORY OFFICE, 9307 S. Wadsworth Boulevard <br />LITTLETON, COLORADO 80128-6901 <br />July 14, 2010 <br />RECEIVED <br />Mr. Michael Cunningham JUL 15 2010 <br />Division of Reclamation, Mining and Safety <br />Department of Natural Resources Division of Reclamation, <br />1313 Sherman St., Room 215 Mining & .Safety <br />Denver, CO 80203 <br />RE: Miller Family Investments, LLC, Lone Tree Pit, File No. M-2010-047 <br />Corps File No. NWO-2010-947-DEN <br />Dear Mr. Cunningham: <br />Reference is made to the above-mentioned project located in the NE'/4 of Section 12, T8N, <br />R66W, Weld County, Colorado. <br />This project has been reviewed by Mr. Terry McKee of my office in accordance with Section <br />404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of <br />dredged and fill material, and any excavation activity associated with a dredge and fill project in waters <br />of the United States. <br />A Department of the Army (DA) Permit will not be required for gravel mining at this site, which <br />includes the upland vegetated reach of Lone Tree Creek and the upland "rib" area near the south portion <br />of the project site. <br />If there are any questions call Mr. Terry McKee of my office at (303) 979-4120 and reference <br />Corps File No. NWO-2010-947-DEN. <br />Ffice <br />tin