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DEPARTMENT OF THE ARMY CORPS OF ENGINEERS,OMAHA DISTRICT DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD LITTLETON,COLORADO 80128-6901 May 3, 2019 SUBJECT: Approved Jurisdictional Determination, Topsoil Mine(Arnold Pit No.1), Corps File No.NWO-2019-00515-DEN,Weld County, Colorado Mr. Ronald Spears Duraroot Environmental Consulting 4626 WCR 65 Keenesburg, Colorado 80643 Dear Mr. Spears: This letter is in response to the March 25,2019 approved jurisdictional determination(AJD) request on behalf of Arnold's Custom Seeding,LLC for an 160-acre project site proposed for a topsoil mine. On May 2, 2019 the project boundary was revised to approximately 159 acres. The project site is located at 40.102110°N,-104.409300°W, southeast of the WCR 16 and WCR 69 intersection, in Weld County, Colorado. The project site has been reviewed in accordance with Section 404 of the Clean Water Act (Section 404)under which the U.S. Army Corps of Engineers regulates the discharge of dredged or fill material, and any excavation activity associated with a dredge and fill project in waters of the United States. Based on the review of available information and an April 24,2019 site visit, we have determined that the project site does not contain waters of the United States. As such, a Department of the Army permit will not be required for the discharge of fill material on this site under Section 404. At your request, an AJD has been completed for the aquatic resources within the project area. The AJD is attached to this letter. If you are not in agreement with the AJD decision,you may request an administrative appeal under regulation 33 CFR 331,by using the attached Appeal Form and Administrative Appeal Process form. The request for appeal must be received within 60 days from the date of this letter. if you would like more information on the jurisdictional appeal process,contact this office. It is not necessary to submit a Request for Appeal if you do not object to the AJD. This AJD is valid for a period of five years from the date of this letter,unless new information warrants revisions of the AJlls before the expiration date,or unless the Corps has identified,after a possible public notice and couitllent,that specific geographic areas with rapidly changing environmental conditions merit re-verification on a more frequent basis.