2013-05-28_PERMIT FILE - M2013023 (2)

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DEPARTMENT OF THE ARMY ,I/ �^ 013 - d Z3 ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS SOUTHERN COLORADO REGULATORY OFFICE 200 SOUTH SANTA FE AVENUE, SUITE 301 REPLY TO PUEBLO, COLORADO 81003 -4270 ATTENTION OF May 23, 2013 Regulatory Division SUBJECT: Action No. SPA - 2013- 00268 -SCO, Sharp Pit Surface Mining, Riverside Aggregates, Bent County, Colorado Mr. Rudy Torres Riverside Aggregates, LLC t% 1750 County Road HH Lamar, Colorado 81052 Dear Mr. Torres: REG IVED ?013 VISION OF RECLAMATION MINING AND SAFETY The U.S. Army Corps of Engineers (Corps) is in receipt of your letter dated May 1, 2013 concerning your proposal to conduct surface extraction of construction materials at the Sharp Pit in Bent County, Colorado. The activity involves surface mining for sand and gravel. We have assigned Action No. SPA -2013- 00268 -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) and Section 10 of the Rivers and Harbors Act of 1899 (RHA). Under Section 404, the Corps regulates the discharge of dredged and fill material into waters of the United States, including wetlands. The Corps responsibility under Section 10 is to regulate any work in, or affecting, navigable waters of the United States. 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 an approved jurisdictional determination (JD) that there are no waters of the United States on the project site. The basis for this approved JD is that the project site contains entirely uplands. The JD form is available at \N,Ni .stia.usace.armN,. mil/ Missions/ Re�lulatoryPro�?ramandPerniits /JD.asr)x. This approved JD is valid for a period of no more than five years from the date of this letter unless new information warrants revision of the determination before the expiration date. This letter contains an approved jurisdictional determination for your subject site. If you