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DEPARTME, NT Or THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD L1171,13 -TON, COLORADO 80128-6901 October 5, 2017 SUBJECT: File No. NWO-2017-01682-DEN, City of Arvada, Leyden Pit Mining Reclamation Project Bob Manwaring City of Arvada 8101 Ralston Road Arvada, CO 80002 Dear Mr. Manwaring: This letter is in response to your inquiring about the need for Section 404 permitting for the proposed project located at approximately latitude k83 8233, longitude -105.213444, in Jefferson County, Colorado. T11is 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) Waterfilled 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 defiled in 33 CFR 328.3(a)). Tile Corps of Engineers generally does not consider these types of aquatic resources water's of the U.S. except on a case-by-case basis. In this case, six man-made ponds were constructed in uplands during mining operations with no surface connection to waters of the U.S. As such these six ponds 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 pennits be obtained as needed.