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• • <br />DEPARTMENT OF THE ARMY <br />AIJUOVEROVE DIST111CT, CORtS OF ENGINEERS <br />F.O.EOX 15/0 <br />ALDUOUEROUE. NEW MEXICO /710115/0 <br />FAX (SOS) 7/6.7170 <br />xvw vo <br />Amxriox or: <br />August 13, 1991 <br />Construction-Operations Division <br />Regulatory Branch <br />Mr. Daniel I. Hernandez <br />Mined :Land Reclamation Division <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear M:r. Hernandez: <br />iii iiiiiiiiniii iii <br />999 <br /> <br />11UG ] 5 1991 <br />ivtined Land <br />Neriamation Division <br />This is in response to your notice dated July 23, 1991, <br />regarding an application for a permit to conduct sand and gravel <br />mining operations by Carder, at the Earl-Hoffman-Reyher Number 3, <br />MLRD File No. M-91-086 (Corps of Engineers Action No. 1991 <br />50330). <br />We have studied the project description, other records, and <br />documents available to us. The site is located near McClave, <br />Bent County, Colorado, in 532, T225, R48W. Information available <br />to us :indicates that the mining site does not contain waters of <br />the United States. However, waters of the United States of which <br />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 />purpose of obtaining fill, sand, or gravel are generally not <br />COn51Clf.L'ed tG b2 waters 3f the ;United States until ±ho n;* i.s no <br />longer used for obtaining fill. At that time, waterfilled <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 />regulai:ed. <br />Then work may be permitted by one of the following nationwide <br />permit:;: minor road crossings (33 CFR 330.5(x)(14)); return water <br />from an upland contained dredged material disposal area (33 CFR <br />330.5(x)(16)); or discharges of fill into certain waters (33 CFR <br />330.5(x)(26)). Temporary roads for moving mining equipment may <br />be exempted by regulation (33 CFR 323.4(x)(6)). <br />