2025-03-14_PERMIT FILE - M2025016 (26)

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Natural Resources Assessment P125 Gravel Mine - Southwest of State Highway 66 and County Road 17 Weld County, Colorado ERO Project #24-180 10 ERO Resources Corporation surface. Hydrology indicators met at DP7 included surface water, high water table, saturation, geomorphic position, and a successful FAC-neutral test. Uplands adjacent to W5 (DP8) were dominated by western wheatgrass and did not meet any indicators of hydrophytic vegetation. A soil sample was not taken at DP8 due to the lack of indicators of hydrophytic vegetation and wetland hydrology. No primary or secondary hydrology indicators were met at DP8. Agricultural Ditches During the 2024 site visit, ERO observed 27 agricultural ditches (AgDitch) used to flood irrigate alfalfa fields in the southern half of project area with water from the Last Chance Ditch (AgDitch1 through AgDitch27, Figure 2; Photo 1 and Photo 9). The agricultural ditches are actively maintained by farmers to divert water throughout the field. The ditches range from 219 to 1,663 feet long, are approximately 3 feet wide, and range from dry to saturated to wet. When irrigation flows recede, AgDitch1 through AgDitch12 return water into the Last Chance Ditch. Depending on the quantities of water, AgDitch13 through AgDitch26 run northwest into W5 and flow into the unnamed tributary to St. Vrain Creek. If irrigation flows are lower, AgDitch 13 through AgDitch26 flow drain into AgDitch27, which returns flows to a lateral of Last Chance Ditch and then into Last Chance Ditch. Agricultural ditches are typically exempt from Section 404 permitting because they do not carry a relatively permanent flow of water and are excavated wholly in and draining only dry land. ERO believes AgDitch 1 through AgDitch27 are likely nonjurisdictional. Recommendations ERO recommends requesting a jurisdictional determination of W1, W2, W3, W4, and W5 if work is planned in these areas. If W1 through W5 are considered jurisdictional and work is planned in these areas, a Section 404 Permit would be required for the placement of dredged or fill material in the wetlands. If the wetlands are determined nonjurisdictional, or if no work is planned in these areas, no action would be necessary. Additionally, ERO recommends requesting a jurisdictional determination of AgDitch1 through AgDitch27 if work is planned in these areas. If the AgDitches are considered jurisdictional and work is planned in any of them, a Section 404 Permit would be required for the placement of dredged or fill material below the OHWM. If the AgDitches are determined nonjurisdictional, or if no work is planned in these areas, no action would be necessary. Threatened, Endangered, and Candidate Species ERO assessed the project area for habitat for T&E species under the Endangered Species Act (ESA). Federally listed T&E species are protected under the ESA of 1973, as amended (16 United States Code [U.S.C.] 1531 et seq.). Significant adverse effects on a federally listed species or its habitat require consultation with the U.S. Fish and Wildlife Service (Service) under Section 7 or 10 of the ESA. The