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~ III IIIIIIIIIIIII III ~ <br />DEPARTMENT OF THE ARMY <br />ALOUOUEROUE DISTRICT, CORPS OP ENGINEERS <br />P. O. HOX f 380 <br />ALSUOUEROUE. NEW MEXICO 87 1 09-1 350 <br />~c-~r ro FAX 1 SOS 1 755-1770 <br />~rrtr.r:oM O~: May 22, 1992 <br />Construction-Operations Division <br />Regulatory Branch <br />Mr. Carl B. Mount <br />Colorado Mined Land Reclamation Division <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Mount: <br />(,,..~ y <br /> <br />MAY 2 6 199 <br />Reclamined end <br />ation Dihaion <br />This is in response to your notice dated April 16, 1992, <br />regarding an application to conduct gold mining operations by <br />James VanElla at the Gold Basin Mine, MLRD File No. M-92-045 <br />(Corps of Engineers Action No. 1992 30063). <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Granite, <br />Chaffee County, Colorado, in Section 5, Township 125, Range 8oW. <br />It appears that the mining site contains the following water of <br />the United States: Cache Creek. Other waters of the United <br />States may be located on the site. <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 />to construction activity or pits excavated in dry land for the <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 ob*_ai.ning fill. At that time, waterf.illed <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 />The work may be permitted by one of the following nationwide <br />permits: road crossings (33 CFR 330, App. A, No. 14); return <br />water from an upland contained dredged material disposal area (33 <br />CFR 330, App. A, No. 16); or discharges of fill into headwaters <br />or isolated waters (33 CFR 330, App. A, No. 26). Temporary <br />roads for moving mining equipment may be exempted by regulation <br />(33 CFR 323.4(a)(6)). <br />The project may also be permitted by one of the other <br />nationwide permits, provided the applicant complies with all <br />permit conditions. Activities not authorized by a nationwide <br />permit may require an individual permit. <br />