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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 205 <br />PUEBLO, COLORADO 81003-3046 <br />FAX (779) 543-9475 <br />July 9, 2002 <br />REPLY TO <br />ATTENTION OF: A~ _ e7~O ~ - D I <br />Operations D'i-v`isioGn l/J <br />Regulatory Branch ~~/'t/lit/~/r' S ry <br />[7~ vc~ s f~c. f <br />Mr. James A. Stevens <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. Stevens: <br />RECE~IlED <br />JUL f 1 2002 <br />Division of Minerals and Geology <br />Reference is made to your June 21, 2002 letter regarding an <br />application by Prowers County to conduct Expansion of the Davis <br />Pit operations near Lamar, Prowers County, Colorado, CDMG File <br />No. M-2002-062 (Corps of Engineers Action No. 2002 00451). <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) 543-9459 or e-mail me at <br />rudolph.c.villarreal~usace.army.mil. For more information about <br />the regulatory program, please see cur :aeb si*_e at <br />www.spa.usace.army.mil/reg. <br />Sincerely, <br />~~~~~~' ~/G~~~e <br />Rudolph C. Villarreal <br />Regulatory Specialist <br />