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TiRc <br /> 1.0 Introduction <br /> Colorado Sand Company LLC (CSC) is proposing to develop the Kersey Mine Project (Project), <br /> a surface pit sand and gravel mine supplying fracture-grade sands for regional oil and gas <br /> markets. TRC Environmental Corporation (TRC), on behalf of CSC, conducted a wetland and <br /> waterbody delineation within the proposed limits of construction (Study Area) for the proposed <br /> Project in accordance with Section 404 of the Clean Water Act (CWA). Refer to Figure 1 <br /> (Appendix A). <br /> The objective of the wetland and waterbody delineation was to identify the spatial extent and <br /> location of wetlands, streams, and other aquatic resources within the Study Area. Aquatic <br /> resources that are considered Waters of the U.S. are subject to regulation under Section 404 of <br /> the CWA and Section 10 of the Rivers and Harbors Act. The jurisdictional regulatory authority of <br /> these resources resides with the U.S. Army Corps of Engineers (USACE)Omaha District(Denver <br /> Office). <br /> The wetland and waterbody delineation surveys were conducted on October 16 and 20, 2023, by <br /> Amy Laartz (Professional Wetland Scientist) and Mason Powers (Biologist). This report <br /> summarizes the desktop analyses performed prior to the field survey and the results of the <br /> wetland and waterbody delineation. This report also provides TRC's professional opinion on the <br /> expected jurisdictional status and anticipated impacts of any delineated features. <br /> 1.1 Project Location <br /> The Project is situated within approximately 4,018 acres of privately owned property north of <br /> County Road (CR) 388 and east of CR 61, approximately 6.5 miles east-north-east of the Town <br /> of Kersey, Weld County, Colorado. The Study Area as defined within public land survey system <br /> encompasses Township 5 North, Range 63 West, Sections 2, 3, 10, 11, 14, 15, and a portion of <br /> Township 6 North, Range 63 West, Section 34. Figure 1 (Appendix A) illustrates the Project <br /> Location. <br /> 2.0 Regulatory Background <br /> Wetlands and other waters of the United States (WOTUS) are protected under Section 404 of the <br /> CWA, which governs the discharge of dredged or fill material into WOTUS, and Section 10 of the <br /> Rivers and Harbors Act(33 U.S. Code 403),which regulates any work or structures that potentially <br /> affect the navigable capacity of a waterbody. Any activity that involves the discharge of dredged <br /> or fill material into WOTUS is subject to regulation by the USACE. WOTUS are defined to <br /> encompass navigable waterways; interstate waters; all other waters where their use, degradation, <br /> or destruction could affect interstate or foreign commerce; tributaries of any of these waters; and <br /> wetlands that meet any of these criteria or are adjacent to any of these waters or their tributaries. <br /> On August 29, 2023, the U.S. Environmental Protection Agency and the USAGE issued a final <br /> rule that amends the "Revised Definition of'Waters of the United States"' to conform key aspects <br /> of the regulatory text to the U.S. Supreme Court's May 25, 2023 decision in the case of Sackett <br /> v. Environmental Protection Agency. The conforming rule, "Revised Definition of 'Waters of the <br /> United States'; Conforming," was published in the Federal Register and became effective on <br /> September 8, 2023. <br /> Colorado Sand Company LLC—Kersey Mine December 6, 2023 <br /> Wetland and Waterbody Delineation Report 1 <br />