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m1130 Ilo DEPARTMENT OF THE ARMY CORPS OF ENGINEERS,OMAHA DISTRICT DENVER REGULATORY OFFICE 9307 S Wadsworth Boulevard LITfLETON,COLOR-ADO 80128.6901 July 21 2014 Neil Thomson,P.E. Director, Engineering and Roadway Maintenance E-470 Public Highway Authority 22470 E. 6'h Parkway, Suite 100 Aurora,CO 80018 RE: Sandy Acres Gravel Pit Pond, Adams County,CO Corps File No.NWO-2014-1623-DEN Dear Mr. Thomson: This letter is in response to your to inquiring on the need for Section 404 permitting for proposed work in Sandy Acres Gravel Pit Pond located within Adams County, in Section 26,Township 1 South, Range 67 West,Adams County, Colorado. This pond was determined to be non jurisdictional. This site has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S.Army Corps of Engineers regulates the discharge of dredged and fill material,and any excavation activity associated with a dredge and fill project in waters of the United States. Waters of the U.S. includes ephemeral, intermittent and perennial streams,their surface connected wetlands and adjacent wetlands, certain lakes, ponds, drainage ditches and irrigation ditches that have a nexus to interstate commerce. Reference is made to the November 13, 1986 Federal Register(Page 41217), Part 328 (e)Water filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand,or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States (as defined in 33 CFR 328.3(a)). The Corps of Engineers generally does not consider these types of aquatic resources waters of the U.S. except on a case-by-case basis. In this case, the pond is an abandoned off- channel gravel pit constructed in uplands with no surface connection to a waters of the US. As such,the pond and associated wetlands are not considered jurisdictional. Based on the information provided,a Department of the Army(DA)Permit will not be required for the work at the above referenced site. Although a DA Permit will not be required for these areas, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as needed. The Omaha District, Regulatory Branch is committed to providing quality and timely service to our customers. In an effort to improve customer service, please take a moment to complete our Customer Service Survey found on our website at ham:'comsmapu.usace.armv.mil cm apex/V -regulatory_suryey. If you do not have Internet access, you may call and request a paper copy of the survey that you can complete and return to us by mail or fax. (Completing the survey is a voluntary action).