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<br />p.2 <br /> <br /> <br />DEPARTMENT OF THE ARI\1Y <br />CORPS OF ENGINEERS, OMAHA DISTRlCT <br />DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD <br />L1TILETON, COLORADO 80128-690 <br /> <br />June 17, 2004 <br /> <br />Mr. Michael Cook <br />Little Thompson Water District <br />835 E. Highway 56, Drawer G <br />Berthoud, CO 80513 <br /> <br />RE: Dry Creek Reservoir, Approved Jurisdictional Determination, Isolated Wetland Drainage <br />that includes Alkali Flats <br />Corps File No. 200480249 <br /> <br />Dear Mr. Cook: <br /> <br />Reference is made to the above-mentioned project on behalf of the applicant Little Thompson <br />Water District. This project is located in the NW ~ Section 19 and SW ~ Section 18, T4N, R69W; and <br />E Y2 Section 24 and SE ~ Section 13, T4N, R70W, Larimer County, Colorado.. <br /> <br />This project has been reviewed in accordance with Section 404 of the Clean Water Act under <br />which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material, and any <br />excavation activities associated with a dredged and fill project, into waters of the United States. Waters <br />of the United States include ephemeral, intermittent and perennial streams, their surface connected <br />wetlands and adjacent wetlands and certain lakes, ponds, drainage ditches and irrigation ditches that have <br />a nexus to interstate commerce. This letter is to inform you that our office considers the wetland <br />delineation map and report dated December 2003 for this project accurate an4 acceptable. <br /> <br />Based upon the ruling by the Supreme Court in the matter of~olin Wllc::tP. Agenny nfNnrthP.ITI <br />Cook ronnty v TJ ~ AnT\}' rorps ofF.ngme~s, No. 99-1178 (January 9, 2001), the Department of the <br />Army's (DA) regulatory authority over isolated, non-navigable, intrastate waters has been eliminated if <br />the sole nexus to interstate commerce was use of the waters by migratory birds. It is apparent under the <br />ruling above that the DA does not have the authority to regulate work in the isolated wetland drainage <br />that includes alkali flats at this site. These isolated wetlands and alkali flats are not waters of the U.S. and <br />therefore non-jurisdictional. No pennit or other authorization by the DA is required for work in these <br />isolated wetlands and alkali flats. <br /> <br />The attached Jurisdictional Determination form provides the basis jurisdiction for these <br />isolated wetlands and alkali flats. If the applicant wishes to appeal this approved jurisdictional <br />determination, the attached Notification of Administrative Appeal Options form should be completed <br />and sent to Mr. Mores Bergman at the address noted on the form. This jurisdictional determination is <br />valid for a period of five years from the da~e of this letter unless new information warrants revision of the <br />determination before the expiration date. ' <br /> <br />06/21/04 MON 07:15 [TX/RX NO 9737] <br />