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<br />CENWO <br />SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of <br />Sackett v. EPA, 143 S. Ct. 1322 (2023), NWO-2024-01795-DEN <br /> <br /> <br />4 <br /> <br />within the review area and describe how it was determined to meet one of the <br />exclusions listed in 33 CFR 328.3(b).8 <br /> <br />AgDitch 1- 27 are lateral irrigation ditches used to flood irrigate the alfalfa fields. <br />Based on the site visit, these ditches lack physical indicators of relatively <br />permanent flow. In addition, the USGS topographic map and historic arial do not <br />show that these ditches were constructed in aquatic resources. Therefore, <br />AgDitch 1-27 are excluded under (b)(3), ditches (including roadside ditches) <br />excavated wholly in and draining only dry land and that do not carry a relatively <br />permanent flow of water. These ditches are not waters of the United States. <br /> <br />b. Describe aquatic resources and features within the review area that were <br />determined to be non-jurisdictional because they do not meet one or more <br />categories of waters of the United States under the 2023 Rule as amended (e.g., <br />tributaries that are non-relatively permanent waters; non-tidal wetlands that do <br />not have a continuous surface connection to a jurisdictional water). <br />N/A <br /> <br />9. DATA SOURCES. List sources of data/information used in making determination. <br />Include titles and dates of sources used and ensure that information referenced is <br />available in the administrative record. <br /> <br />a. Site visit conducted December 13, 2024. <br /> <br />b. USGS topographic map, 1949 Gowanda, CO, 1: 24,000 <br /> <br />c. Google Earth, accessed December 13, 2024 <br /> <br />d. USGS historic aerial, August 4, 1949 <br /> <br />e. Determination Request for Approved Jurisdictional Determination for the P125 <br />Gravel Mine, Weld County, Colorado, November 6, 2024 <br /> <br /> <br />10. OTHER SUPPORTING INFORMATION. N/A <br /> <br />11. NOTE: The structure and format of this MFR were developed in coordination with <br />the EPA and Department of the Army. The MFR’s structure and format may be <br />subject to future modification or may be rescinded as needed to implement <br /> <br />8 88 FR 3004 (January 18, 2023)