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~n~ <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 />November 21, 2003 <br />Operations Division <br />Regulatory Branch <br />FiECL~`VI~ <br />NOV 2 4 2~3 <br />Division of Minerals and Geology <br />Mr. Harry H. Posey <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. Posey: <br />Reference is made to your November 12, 2003 letter regarding <br />an application by Fremont County Commissioner to conduct sand and <br />gravel pit operations at the Phantom Canyon Pit near Victor, <br />Teller County, Colorado, CDMG File No. M-1994-118 (Corps of <br />Engineers Action No. 2003 00809). <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) 543-8102 or e-mail me at diana.l.humphreys@usace.army.mil. <br />For more information about the regulatory program, please see our <br />web site at www.spa.usace.army.mil/reg. <br />Si ce ely, <br />~~~~L~~~~/ / <br />Diana L. Humphreys <br />Project Manager <br />Permit <br />From: <br />Doc. Name: <br />Doc. Date (if no date stamp): <br />