2011-08-23_REVISION - M2004013 - Laserfiche WebLink

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REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS 200 SOUTH SANTA FE AVENUE, SUITE 301 PUEBLO, COLORADO 81003 -4270 (719) 543-8102 FAX (719) 543 -9475 & -OD 4- 13 Regulatory Division Southern Colorado Regulatory Office August 23, 2011 SUBJECT: Action No. SPA -2011- 00357 -SCO, St. Barbara Sand and Gravel Mine, Nyberg Road, Arkansas River, Pueblo County, Colorado Mr. Sam Brannan Vice President, Corporate Development Trans Colorado Concrete, Division of Pete Lien & Sons, Inc. P.O. Box 440 Rapid City, SD 57702 Dear Mr. Brannan: kcincatowari# The U.S. Army Corps of Engineers (Corps) is in receipt of your letter dated August 18, 2011 concerning your request to change the post- mining use from unlined ponds and wildlife habitat, to developed water storage. This proposed change would occur at the St. Barbara Sand and Gravel Mine, east of Nyberg Road on the north side of the Arkansas River, Pueblo County, Colorado. We have assigned Action No. SPA -2011- 00357 -SCO to this activity. To avoid delay, please include this number in all future correspondence concerning this project. We have reviewed this project in accordance with Section 404 of the Clean Water Act (CWA). Under Section 404, the Corps regulates the discharge of dredged and fill material into waters of the U.S., including wetlands. The Corps responsibility under Section 10 is to regulate any work in, or affecting, navigable waters of the U.S. Based on your description of the proposed work, other information available to us, and current regulations and policy, we have determined that this project will not involve any of the above activities. Therefore, it will not require Department of the Army authorization under the above laws. However, it is incumbent upon you to remain informed of any changes in the Corps Regulatory Program regulations and policy as they relate to your project.