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DEPARTMENT OF THE ARMY ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS Am <br /> / SOUTHERN COLORADO REGULATORY OFFICE <br /> 720 NORTH MAIN STREET, SUITE 205 <br /> PUEBLO,COLORADO 81003-3046 <br /> FAX(719) 543-9475 <br /> July 27, 2001 <br /> REPLY TO RECEIVED <br /> ECE'1/E® <br /> ATTENTION OF: / Y <br /> Operations Division JUL 2 7 2001 <br /> Regulatory Branch Division of Minerals and Geology <br /> Mr. James A. Stevens <br /> Colorado Division of Minerals and Geology <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver, Colorado 80203 <br /> Dear Mr. Stevens : <br /> This is in response to your July 10, 2001, notice regarding <br /> an application by Kiewit Western Company to conduct sand and <br /> gravel mining operations at the Fountain Colony Pit, CDMG File <br /> No. M-1987-171, (Corps of Engineers Action No. 2001 00507) <br /> We have studied the project description, other records, and <br /> -doc-uments available to us . The site is located near Fountain, <br /> El Paso County, Colorado in Section 18, Township 18S, Range 65W. <br /> It appears that the mining site contains the following water (s) <br /> of the United States : two unnamed tributaries of Fountain Creek. <br /> Other waters of the United States may be located on the site . <br /> If the proposed work involves discharges of dredged or fill <br /> material into waters of the United States, a Department of the <br /> Army permit under Section 404 of the Clean Water Act may be <br /> required. Waterfilied depressions created in dry land incidental <br /> to construction activity or pits excavated in dry land for the <br /> purpose of obtaining, fill, sand, or gravel are generally not <br /> considered to be waters of the United States until the pit is no <br /> longer used for obtaining fill . At that time, waterfilled <br /> depressions may be considered a water of the United States and <br /> the placement of dredged or fill material into the pit may be <br /> regulated. <br />