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<br /> <br />~ III IIIIIIIIIIIIIIII ~ ~~~,~«~~~~ <br />DEPARTMENT OF THE ARMY <br />AIJUOUEROUE DISTRICT, CORPS OF ENGINEERS <br />r.o.EOx15e5 JUL 1 5 )gg) <br />AUUGUEROUE, NEW YE%ICO !710115!0 <br />FAx (505) 7YLY7/0 <br />^n~r to Mined anti <br />•TTE1fF10N OF: July 10, 1991 8001 <br />amation Diwslur- <br />Construction-Operations Division <br />Regulatory Branch <br />Mr. Daniel I. Hernandez <br />Mined ]wand Reclamation Division <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver,, Colorado 80203 <br />Dear Mr. Hernandez: <br />Thls is in response to your notice dated June 28, 1991, <br />regarding an application for a permit to conduct gravel mining <br />erat:ions by Kiowa County at the Ferris Pit, MLRD File No. M- <br />9 <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Haswell, <br />Kiowa <:ounty, Colorado, in 528, T16S, R52W. Information <br />availakle to us indicates that the mining site does not contain <br />waters of the United States. However, waters of the United <br />States of which we are not aware may be located on the site. <br />If the proposed work involves discharges of dredged or fill <br />material into waters of the United States, a Department of the <br />Army permit under Section 404 of the Clean Water Act may be <br />required. Waterfilled depressions created in dry land incidental <br />to con~;truction activity or pits excavated in dry land for the <br />purposes of obtaining fill, sand, or gravel are generally not <br />considered to be waters of the United States until the pit is no <br />longer Wised f.or cbtaining fill. At that time, waterfil_led <br />depres=:ions may be considered a water of the United States and <br />the placement of dredged or fill material into the pit may be <br />regulated. <br />The work may be permitted by one of the following nationwide <br />permits: minor road crossings (33 CFR 330.5(a)(14)); return water <br />from an upland contained dredged material disposal area (33 CFR <br />330.5(a)(16)), or discharges of fill into certain waters (33 CFR <br />330.5(a)(26)). Temporary roads for moving mining equipment may <br />be exempted by regulation (33 CFR 323.4(a)(6)). <br />(Corps of Engineers Action No. 1991 50278). <br />