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cx-vvvvuu-4 <br />Mr. Michael Cunningham <br />Division of Reclamation, Mining and Safety <br />Depai lnient of Natural resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Dear Mr. Cunningham: <br />/ DEPARTMENT OF THE ARMY <br />Pr CORPS OF ENGINEERS, OMAHA DISTRICT <br />DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD <br />LITTLETON, COLORADO 80128 -6901 <br />August 18, 2011 <br />RE: Varra Companies, Inc., Heintzelman Project (Pit 116), File No. M-2009-018 <br />Corps File No. 200680392 <br />Reference is made to the above - mentioned project located in Section 32, T3N, R67W, Weld <br />County, Colorado. <br />Division of Reclamation, <br />Mining and Safety <br />This project has been reviewed in accordance with Section 404 of the Clean Water Act under <br />which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material, and any <br />excavation activity associated with a dredge and fill project in waters of the United States. <br />RECEIVED <br />Ad 22 201i <br />Based on the information provided, a Department of the Army (DA) Permit will not be required <br />for work at this site. However, if any work requires the discharge of dredged or fill material, and any <br />excavation associated with a dredged or fill project, either temporary or permanent, in the Seep Ditch or <br />the Last Chance Ditch, this office should be notified by a proponent of the project for Department of the <br />Army permits, changes in permit requirements or jurisdictional determinations pursuant to Section 404 of <br />the Clean Water Act. <br />Work in an aquatic site should be identified by the proponent of the project and be shown on a <br />map identifying the Quarter Section, Township, Range and County or Latitude and Longitude, Decimal <br />Degrees (datum NAD 83) and the dimensions of work in each aquatic site. Any loss of an aquatic site <br />may require mitigation. Mitigation requirements will be determined during the Department of the Army <br />permitting review. <br />If there are any questions call Mr. Terry McKee of my office at (303) 979 -4120 and reference <br />Corps File No. 200680392. <br />tm <br />Timoth <br />Chief, <br />