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Mr. Michael Cunningham <br />Division of Reclamation, Mining and Safety <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />tm <br />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 />JU(. 1 5 2010 <br />Division of Reclamation, <br />Mining & Safety <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 'VI 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 />Sincerely, <br />imothy T. arey <br />Ch Deny r Regulatory Office <br />