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~, ~Dt~ DEPVVARTMENT OF THE ARMY ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS SOUTHERN COLORADO REGULATORY OFFICE 200 SOUTH SANTA FE AVENUE, SUITE 301 PUEBLO, CO 81003 July 18, 2007 Operations Division Regulatory Branch Mr. Berhan M. Keffelew Colorado Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Keffelew: ~~~~~~~® ~~~ 1 ~ 2007 Division o1 Reclamation Mining end Safety This is in response to your June 20, 2007 notice regarding an application by S & S Services to conduct sa and gravel mining at the Lopez Quarry No. 2, CDRMS File No. 2007-034 (Corps of Engineers Action No. SPA-2007-00352). We have studied the project description, other records, and documents available to us. The site is located near Primero, Las Animas County, Colorado. It appears that the mining site may contain the following water(s) of the United States: an unnamed tributary of the Puratoire River. Other waters of the United States may be located on the site. If the proposed work involves discharges of dredged or fill material into waters of the United States, a Department of the Army permit under Section 404 of the Clean Water Act may be required. Waterfilled depressions created in dry land incidental to construction activity or pits excavated in dry land for the purpose of obtaining, fill, sand, or gravel are generally not considered to be waters of the United States until the pit is no longer used for obtaining fill. At that time, waterfilled depressions may be considered a water of the United States and the placement of dredged or fill material into the pit may be regulated. The work may be permitted by one or more nationwide permits, provided the applicant complies with all permit conditions. Activities not authorized by a nationwide permit may require an individual permit. b,~ k, ~