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Regulatory Division <br />Eric Scott <br />Colorado Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Scott: <br />DEPARTMENT OF THE ARMY, <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />200 SOUTH SANTA FE AVENUE, SUITE 301 <br />PUEBLO, COLORADO 81003 -4270 <br />September 5, 2008 <br />Reference is made to your August 25, 2008 transmittal <br />regarding an application by Stonewall Springs Quarry LLC to <br />conduct sand and gravel mining operations at the Stonewall <br />Springs Quarry Gravel Pit, near North Avondale east of Pueblo, <br />Pueblo County, Colorado, CDRMS File No. M -2008 -052 (Corps of <br />Engineers Action No. SPA -2008- 00386- SCO.). <br />We have studied the project description, other records, and <br />documents available to us. The project is not regulated under <br />the provisions of Section 404 of the Clean Water Act and a <br />Department of the Army permit will not be required. This <br />determination was made because it does not appear that the <br />proposed mining will be conducted in waters of the United States. <br />If you have any questions, please feel free to contact me at <br />719 -543 -8102 or by email at diana.l.humphreye@usace.army.mil. <br />For more information about the regulatory program, please see our <br />web site at www.spa.usace.army.mil /r <br />Sijhce ' ely, <br />f <br />Diana Humphreys <br />Project Manager <br />