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~,~k, ~/~ <br />~~ <br />DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />720 NORTH MAIN STREET SUITE 300 <br />PUEBLO CO 81003-3047 <br />March 16, 2006 <br />~~ `L~ e ~,/Ig <br />~ECEI~E~ <br />Operations Division <br />Regulatory Branch MAR ~) T~~ <br />~~Y1S1ea of Minerals and CeoloBY <br />Mr. Berhan M. Keffelew <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Keffelew: <br />Reference is made to your February 2, 2006 letter regarding <br />an application by Eastern Colorado Aggregates, LLLP to conduct <br />mining reclamation operations at the Potts Pit No. 2, near ~/'~ <br />Walsenburg, Huerfano County, Colorado, CDMG File No. M-2006-013 <br />(Corps of Engineers Action No. 2006 00141). <br />We have studied the project description, other records, and <br />documents available to us. The project is not regulated under <br />the provisions of Section 404 of the Clean Water Act and a <br />Department of the Army permit will not be required. This <br />determination was made because it does not appear that the <br />proposed mining will be conducted in waters of the United States. <br />If you have any questions, please feel free to contact me at <br />(719) 543-8567 or e-mail me at <br />rudolph.c.villarrealCdusace.army.mil. For more information about <br />the regulatory program, please see our web site at <br />www,spa.usace.army.mil/reg. <br />Sincerely, <br />~~~~ ~~~ <br />Rudolph C. Villarreal <br />Regulatory Specialist <br />