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i <br />• III IIIIIIIII IIII III <br />DEPARTMENT OF THE ARMY <br />ALBU~UEROUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />720 NORTH MAIN STREET, SUITE 205 <br />PUEBLO, COLORADO 61003-3046 <br />FAX (719) 543-9475 <br />March 8, 2001 <br />REPLY TO <br />ATTENTION OF <br />Operations Division <br />Regulatory Branch <br />RECEIVED <br />MAR 0 9 2001 <br />Division of Minerals and GeoloAY <br />Mr. James A. Stevens <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Shermar. Street, Rocm 215 <br />Denver, Colorado 80203 <br />Dear Mr. Stevens: <br />This is in response to your January 29, 2001, notice <br />regarding an application by Castle Concrete Company to conduct <br />gravel mining operations at the Grisenti Farms Gravel Pit, CDMG <br />File No. M-2001-005 (Corps of Engineers Action No. 2001 00093). <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Penrose, <br />Fremont County, Colorado. It appears that the mining site <br />contains the following water(s) of the United States: Arkansas <br />River. No site visit was made and other waters of the United <br />- States, including adjacent wetlands, 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 construction activity or pits excavated in dry land for the <br />purpose of obtaining, fill, sand, or gravel are generally not <br />considered to be ~~~aters of the United States until the pit is no <br />longer used for obtaining fill. At that time, waterfiiied <br />depressions 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 />We are concerned with the possibility that pit(s) will be <br />located near the Arkansas River. Immediately upstream of this <br />site at the Blue Heron Pit, mining pits were set back 100 feet <br />from the river. However in 1997 and in a matter of hours, the <br />river broke into one of the pits during a minor flood event. <br />Since another pit was then threatened with breaching, the mine <br />owner responded by hard lining the river bank. <br />