2023-01-10_PERMIT FILE - M2023001 (14)

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DEPARTMENT OF THE ARMY a CORPS OF ENGINEERS,OMAHA DISTRICT DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD LITTLETON,COLORADO 80128-6901 October 28, 2022 SUBJECT: Approved Jurisdictional Determination Corps File No. NWO-2022-01381-DEN, Fairmeadows Site Weld County, CO Chris Leone Sunset Industrial, LLC 105 Coronado Ct, Unit A-101 Fort Collins, CO 80525 Dear Chris Leone, This letter is in reference to the approximate 86-acre project area at approximate latitude 40.426512' N longitude 104.6529480 W, in Weld County, Colorado. We received a request for an Approved Jurisdictional Determination (JD) for the above project area. The project area 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. At your request, a JD has been prepared for the subject area. Based on a review of available documentation, we have determined that the resources labeled Ditch 1 on the attached Figure 1: Project Area Features is not a water of the United States. The attached JD form provides rationale for why no resources on the property meet the definition of waters of the United States. Therefore, a Department of the Army permit is not required for the discharge of fill material into this site under Section 404. The JD is attached to this letter. If you are not in agreement with the JD 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. It is not necessary to submit a Request for Appeal if you do not object to the JD. This JD is valid for a period of five years from the date of this letter, unless new information warrants revisions of the JDs before the expiration date, or unless the Corps has identified, after a possible public notice and comment, that specific geographic areas with rapidly changing environmental conditions merit re-verification on a more frequent basis.