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REPLY TO <br />ATTENTION OF: <br />DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE RECEIVED <br />720 NORTH MAIN STREET, SUITE 205 <br />PUEBLO, COLORADO 81003.3046 <br />FAX (719) 543.9475 <br />EC 1 1 Y00? ~~ <br />December 10, 2002 Uiv~s~°°°f M!°°r°Ise°d6°°I°gY <br />Operations Division <br />Regulatory Branch <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: ~ t~~198`t'-l~ y- <br />~ M~ pc <br />This is in ponse to your November 25, 2002, notice <br />regarding a pplication by Fremont County Road Department to <br />co ping operations at the Fremont Pit, CDMG File No. <br />87117 Corps of Engineers Action No. 2002 00457) <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Coaldale, <br />Fremont County, Colorado in Section 20, Township 48N, Range 11E. <br />It appears that the mining site contains the following water of <br />the United States: an unnamed tributary to the Arkansas River. <br />Other waters of the United States may be located on the site. <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 />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 />Eo cohstruction activity or pits excavates in dry an Tor the <br />The work may be permitted by one or more nationwide permits, <br />provided the applicant complies with all permit conditions. <br />Activities not authorized by a nationwide permit may require an <br />individual permit. <br />