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DEPARTMENT OF THE ARMY <br />CORPS OF ENGINEERS, OMAHA DISTRICT <br />DENVER REGULATORY OFFICE, 9307 S. WADSWORTH BLVD <br />LITTLETON, COLORADO 80128 -6901 <br />Mr. Eric Scott <br />Division of Reclamation, Mining and Safety <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />RE: Brenner Pit #2, File No. M- 2013 -014 <br />Corps File No. NWO- 2013 - 852 -DEN <br />Dear Mr. Scott: <br />May 14, 2013 <br />RECEIVED <br />"AY 2 0 H13 <br />Division of Reclamation, <br />Mining & Safety <br />Reference is made to the above - mentioned project located in Section 27, T6S, R43W, at <br />39.500424; - 102.188185, Kit Carson County, Colorado. <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 />Based on the information provided, a Department of the Army (DA) Permit will not be required <br />for this project. Although a DA Permit will not be required for the project, this does not eliminate the <br />requirement that other applicable federal, state, and local permits be obtained as needed. <br />If there are any questions call Mr. Terry McKee of my office at (303) 979 -4120 and reference <br />Corps File No. NWO- 2013 - 852 -DEN. <br />Sincerely, <br />J. Scott Franklin <br />Chief, Denver Regulatory Office <br />tm <br />