2011-12-09_PERMIT FILE - M2011039

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gkf1.Y i0 Aa E W 4 DEPARTMENT OF TI•HE ARMY ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS 200 SOUTH SANTA FE AVENUE, SUITE 301 PUEBLO, COLORADO 81003 -4270 (719) 543 -8102 FAX (719) 543 -9475 Regulatory Division Southern Colorado Regulatory Office SUBJECT: Action No. SPA -2011- 00471, Surface Rock Picking, 8500 Park Road, Rye, Pueblo County, Colorado Mr. Kim W. Barickman P.O. Box 581 Rye, CO 81069 Dear Mr. Barickman: October 5, 2011 The U.S. Army Corps of Engineers (Corps) is in receipt of your letter dated September 23, 2011 concerning your proposed natural deposits extraction and processing (surface clearing -rock picking), and stockpiling under the name Colorado Moss Rock, located at 8500 Park Road, Rye, Pueblo County, Colorado. We have assigned Action No. SPA -2011 -00471 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 United States, including wetlands. 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 The Corps based this decision on a preliminary jurisdictional determination (JD) that there may be waters of the United States on the project site. Preliminary JDs are advisory in nature and may not be appealed. An approved JD is an official Corps determination that "waters of the U.S." and/or "navigable waters of the U.S." are either