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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 />February 8, 2006 <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: <br />REDE91/E~ED <br />FEB p 9 20(ffi 2006 <br />Oivisionrpf Mine~afs and GeolegyC,eology <br />Reference is made to your January 26, 2006 letter regarding <br />an application by MS Forest to conduct gravel mining operations <br />at the Feister Pit #1, near Aguilar, Las Animas County, Colorado, <br />CDMG File No. M-2006-010 (Corps of Engineers Action No. 2006 <br />00071). <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) 543-6915 or a-mail me at van.a.truan~usace.army.mil. For <br />more information about the regulatory program, please see our web <br />site at www.spa.usace.army.mil/reg. <br />n rely, <br />~~ ` <br />Van A. Truan <br />Chief, Southern Colorado <br />Regulatory Office <br />