2023-10-03_REVISION - M1977344 (2)

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Brown and Caldwell 1527 Cole Blvd, Suite 300 Lakewood, CO 80212 T: 303-239-5400 usace trans letter_clevenger_ranch_colorado_holcimus_revised January 8, 2021 Mr. Joshua Carpenter Southern Colorado Regulatory Office U.S. Army Corps of Engineers Albuquerque District 201 West 8th Street, Suite 350 Pueblo, CO 81003 Subject: Request for a Preliminary Jurisdictional Determination Approval for Holcim Clevenger Ranch Property and Red Creek Dear Mr. Carpenter: On behalf of the Holcim (US) Inc., Brown and Caldwell is resubmitting the attached Pre- liminary Jurisdictional Determination (PJD) Form and supporting information for the Clevenger Ranch Property (Property), including Red Creek and tributaries. The 3,840- acre Property is located west of Pueblo, Colorado and covers Sections 24 and 25 in Fremont County and 19, 20, 29, and 30 in Pueblo County, Township 20 South, Range 68 West. Brown and Caldwell conducted a field reconnaissance at the Property on May 28, 2019 to observe and document conditions of the property, specifically related to Red Creek and the drainages into Red Creek. The location of the sites visited are shown on maps provided in Attachment B to the PJD Form; pictures are provided in Attachment G to the PJD. Brown and Caldwell conducted a second field reconnaissance on October 1, 2019 ac- companied by U.S. Army Corps of Engineers (USACE) Southern Colorado Regulatory Branch Senior Project Manager, Joshua Carpenter. The purpose of this field reconnais- sance was to observe water resources of the site and discuss likely jurisdictional deter- mination as well as permitting considerations for these water resources. In addition, Brown and Caldwell revisited the Property on December 3, 2020 to assess the Red Creek and Arkansas River tributaries that were not previously field assessed. Initially, in 2019 Brown and Caldwell and the USACE agreed to assume the east-west ac- cess road was the dividing line between ephemeral channels and upland ditches. Based on current mine planning efforts, Holcim requested field review of these channels to better define the dividing line between ephemeral and upland ditch. This resubmittal reflects changes observed from this field review. The following are summary observations during the October and December field reviews: • The overall gradient slopes downward to the northeast towards Red Creek and the Arkansas River. • Given the observed flow on October 1, 2019 field visit and lack of rainfall during the 2 weeks preceding the field visit, the approximately 2.9 miles of Red Creek