2024-01-31_REVISION - M1977344 (32)

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DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, ALBUQUERQUE DISTRICT SOUTHERN COLORADO REGULATORY BRANCH 201 WEST 8TH STREET, SUITE 350 PUEBLO, COLORADO 81003 November 10, 2022 Regulatory Division SUBJECT: Delineation Concurrence – Holcim Clevenger Site (Action No. SPA-2020- 00133) Aylin Lewallen Brown and Caldwell 1527 Cole Blvd. Suite 300 Lakewood, CO 80401 Dear Ms. Lewallen: I am writing this letter in response to your January 8, 2021, request for a re- evaluation of our May 21, 2020, preliminary jurisdictional determination (PJD) for the 3,840-acre Holcim Clevenger Ranch property located at 38.287°, -104.931°, in Fremont and Pueblo Counties, Colorado. We have assigned Action No. SPA-2020-00133 to your request. Please reference this number in all future correspondence concerning the site. Based on the information provided, we concur with your December 3, 2020, revised delineation report. In total, the 3,840-acre site contains approximately 1.86 miles of perennial streams, 0.19 mile of intermittent streams, 6.47 miles of ephemeral streams, and 1.54 acres of riparian wetlands that may be considered waters of the United States. Enclosures 1 and 2 show the locations and provide an itemized list of these aquatic resources by type. If you intend to conduct work that could result in a discharge of dredged or fill material into waters of the United States, please contact this office for a determination of Department of the Army permit requirements and refer to Action No. SPA-2020-00133. This PJD is advisory in nature and may not be appealed. An approved JD is an official Corps determination that “waters of the U.S.” and/or “navigable waters of the U.S.” are either present or absent on a particular site. An approved JD precisely identifies the limits of those waters on the project site determined to be jurisdictional under the Clean Water Act or Rivers and Harbors Act. If you wish, you may request that the USACE re-evaluate this case and issue an approved JD, which may require coordination with the Environmental Protection Agency. If you request an approved JD, you may not begin work until the approved JD is completed. Please contact me if you wish to request an approved JD for this case.