2024-06-07_PERMIT FILE - M2024026 ‎(22)‎

• Permit No: M2024026
• IBM Index Class Name: Permit File
• Doc Date: 6/7/2024
• Doc Name Note: Exhibit G - Water Information
• Doc Name: Application
• From: Colorado Sand Company II, LLC
• To: DRMS
• Email Name: NCG
• Email Name: JLE
• Email Name: EL1
• Media Type: D
• Archive: No

u1' 0F DEPARTMENT OF THE ARMY
�\ U.S.ARMY CORPS OF ENGINEERS,OMAHA DISTRICT
\� DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD
w`' LITTLETON,COLORADO 80128-6901
March 11, 2024
?4 tres O)
SUBJECT: NWO-2024-00197-DEN, Colorado Sand Company LLC - Kersey Mine
Project—Approved Jurisdictional Determination
Dave Patterson
Colorado Sand Company, LLC
2001 Kirby Drive
Houston, TX 77019
Dear Mr. Patterson:
This letter is in response to your request received on February 8, 2024, submitted on
your behalf by TRC, for an approved jurisdictional determination for Kersey Mine Project.
The site is located at latitude 40.415009, longitude -104.413718, in Weld County,
Colorado. Your request has been assigned the Corps Regulatory File Number
referenced above. Please reference this file number on any correspondence to us or to
other interested parties when referencing this project or concerning this request.
The U.S. Army Corps of Engineers (Corps) regulates the discharge of dredged and
fill material into waters of the United States under Section 404 of the Clean Water Act
(CWA) (33 U.S.C. 1344) and structures or work in, over, and under navigable waters of
the United States under Section 10 of the Rivers and Harbors Act (RHA) (33 U.S.C.
403). The implementing regulations for these Acts are published in the Code of Federal
Regulations at 33 CFR parts 330-332.
Based on our evaluation of the information provided and other available information,
we have determined that the stock pond, S-AJL-1, is not a water of the United States.
The attached approved jurisdictional determination provides rationale for why the aquatic
resource does not meet the definition of waters of the United States. Based on this
determination, a Department of the Army permit is not required for the discharge of
dredged or fill material into the aquatic resource. This determination does not eliminate
requirements to obtain any other applicable federal, state, tribal, or local permits.
Attached to this letter is the approved jurisdictional determination for your project site.
This jurisdictional determination is valid for a 5-year period from the date of this letter,
unless new information warrants revision of the determination before the expiration date.
If you object to this determination, you may request an administrative appeal under
Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of
Administrative Appeal Options and Process and Request for Appeal(NAO-RFA) form. If