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~ iii iiuii~ii--iiiii <br />DEPARTMENT OFTNE ARMY <br />AlJUOUEROVE 015T111CT, 0011P5 OF ENGINEER E C E I V E D <br />r.o.~ox 1510 <br />AL~UOUE110UE, NEW YIXICO 571011550 <br />FAx (503) 755.3770 <br />110LY TO ~~~ S <br />....~~~o. ~: ]. ~ 1991 <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 M7•. Hernandez: <br />Mined Land <br />RE~iamation Division <br />This is in response to your notice dated July 24, 1991, <br />regarding an application for a permit to conduct gravel mining <br />operations by Charles Reeling at the Keeling Pit, MLRD File No. <br />M-91-081 (Corps of Engineers Action No. 1991 50328). <br />We have studied the project description, other records, and <br />documents available to us. The site is located near La Veta, <br />Huerfano County, Colorado, in 514, T29S, R69W. Information <br />available to us indicates that the mining site does not contain <br />waters,pf the United States. However, waters of the United <br />States i~f which we are not aware of may be located on the site. <br />If i:he 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 waters of the United States until the pit is 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 />regulated. <br />The Iaork 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)Q26)). Temporary roads for moving mining equipment may <br />be exempted by regulation (33 CFR 323.4(a)(6)). <br />