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Regulatory Division <br />DEPARTMENT OF THE ARMY <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS <br />200 SOUTH SANTA FE AVENUE, SUITE 301 <br />PUEBLO, COLORADO 81003 -4270 <br />August 28, 2013 <br />SUBJECT: No Permit Required — Action No. SPA - 2013- 00403 -SCO, Hard Rock/Metal Mining <br />Reclamation Permit, Brian Busse, Thank You Lord Claim, Chaffe County, Colorado <br />Mr. Tyler O'Donnell <br />State of Colorado Division of Reclamation, Mining & Safety <br />1313 Sherman Street RECEIVED <br />Room 215 <br />Denver, CO 80203 SEP 0 3 2013 <br />(DIVISION OF RECLAMATION <br />Dear Mr. O'Donnell: MINING AND SAFETY <br />I am writing this letter in response to your request for a determination of Department of <br />the Army permit requirements for the proposed Hard Rock/Metal Mining Reclamation Permit <br />M- 2013 -041 by Brian Busse for surface mining at the Thank You Lord Claim located at <br />approximately latitude 38.6592, longitude - 106.2635, in Chaffee County, Colorado. We have <br />assigned Action No. SPA - 2013 - 00403 -SCO to this project. Please reference this number in all <br />future correspondence concerning the project. <br />Based on the information provided, we have determined that a Department of the Army <br />permit is not required since the site consists entirely of uplands. However, it is incumbent upon <br />you to remain informed of any changes in the Corps Regulatory Program regulations and policy <br />as they relate to your project. If your plans change such that waters of the U.S. could be impacted <br />by the proposed project, please contact our office for a reevaluation of permit requirements. <br />This decision is based on an approved jurisdictional determination (JD) (attached) that <br />there are no waters of the United States on the project site. The basis for this JD is that the <br />project site contains entirely uplands. A copy of this JD is also available at <br />http: / /www.spa.usace.arml-.inil /rep,/JD. This approved JD is valid for five years unless new <br />information warrants revision of the determination before the expiration date. <br />You may accept or appeal this approved JD or provide new information in accordance <br />with the attached Notification of Administration Appeal Options and Process and Request for <br />Appeal (NAAOP -RFA). If you elect to appeal this approved JD, you must complete Section II of <br />the form and return it to the Army Engineer Division, South Pacific, CESPD- PDS -O, Attn: Tom <br />