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PERMFILE65376
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PERMFILE65376
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Entry Properties
Last modified
8/24/2016 11:11:11 PM
Creation date
11/20/2007 8:50:26 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2005033
IBM Index Class Name
Permit File
Doc Date
8/7/2006
Doc Name
Response to adequacy review
From
WSI Weiland Inc.
To
DMG
Media Type
D
Archive
No
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DEPARTMENT OF THE ARMY <br />CORPS OF ENGINEERS, OMAHA DISTRICT <br />DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD <br />LITTLETON, COLORADO 80128-6901 <br />August 4, 2005 <br />Mr. Peter R. Davis <br />Weiland, Inc. <br />10395 Colfax Ave., Suite 350 <br />Lakewood, CO 80215 <br />RE: Gardels Pit, Jurisdiction Determination <br />Corps File No. 200280153 <br />Dear Mr. Davis: <br />Mr. Terry McKee of my office reviewed this project on behalf of Coulson Excavation during his <br />August 3; 2b05 site visit. This project is located in portions ofthe N %z of Section 19, TSN, R68W, <br />Larimer County, Colorado. This review was in accordance with Section 404 of the Clean Water Act <br />under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material, and <br />any excavation activities associated with a dredged and fill project, into waters of the United States. <br />Waters of the United States include ephemeral, intermittent and perennial streams, their surface <br />connected wetlands and adjacent wetlands and certain lakes, ponds, irrigation and drainage ditches that <br />have a nexus to interstate commerce. Under the authority of the Clean Water Act, an approved <br />iurisdictional determination has determined that the wetland located in the northeast area of the mining <br />site, as shown on Figure 2, is a jurisdictional water of the U.S. <br />If a proposed activity requires work within the above-described waters of the U.S., a proponent <br />of the project should notify this office for Department of the Army permits. This jurisdictional <br />determination is valid for a period of five years from the date of this letter unless new information <br />warrants revision of the determination. <br />Approved iurisdictional determination: Based upon the ruling by the Supreme Court in the <br />matter of Solid Waste Aeency of Northern Cook County v. U.S. Armv Corns of Engineers, No. 99-1178 <br />(January 9, 2001), the Department of the Army's (DA) regulatory authority over isolated, non-navigable, <br />intrastate waters has been eliminated if the sole nexus to interstate commerce was use of the waters by <br />migratory birds. It is apparent under the ruling above that the DA does not have the authority to regulate <br />work in the north/south wetland located in the center of the mining area, as shown on Figure 2. This <br />isolated wetland is not a jurisdictional water of the U.S. No Department of the Army permit or other <br />authorization by my office is required for work in this isolated wetland. <br />The attached Jurisdictional Determination form provides the basis of jurisdiction for the north <br />south isolated wetland. If the applicant wishes to appeal this approved jurisdictional determination, the <br />attached Notification of Administrative Appeal Options form should be completed and sent to Mr. <br />Mores Bergman at the address noted on the farm. <br />
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