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<br />DEPARTMENT OF THE ARMY <br />CORPS OF EKG[NEERS, OMAHA DlSTRICr <br />DENVER REGULATORY OFFICE, 9307 80UTH WADSWORTH eQULEVARD <br />WTTLETON. COLORADO a0t28-6901 <br />Lune 2, 2005 <br />Ms. Edith Savage <br />Savage and Savage <br />4610 Haystack Drive <br />Windsor, CO 80550-2597 <br />'1 <br />RE: NCC Pit #1 Extension, Wetlands F, C, B and A, Approved Jurisdiction Determination <br />Corps Ftle No. 200080040 <br />Dear Ms. Savage: <br />After a Notification of Administrative Appeals Options review by Mr. Mores Bergman, US Army <br />Corps of Engineers Northwestern Division, Mr. Terry McKee and Mr. Scott Franklin of my office have <br />reviewed this project on behalf of the Northern Colorado Constntctors lnc. during their May 31, 2005 site <br />visit. This review was in accordance with Section 404 of the Clean Water Act under which the U.S. <br />Army Corps of Engineers regulates the discharge of dredged and fill material, and any excavation <br />activities associated with a dredged and fill project, into waters of the United States. Waters of the United <br />States include ephemeral, intermittent and perennial streams, their surface connected wetlands and <br />adjacent wetlands and certain Lakes, ponds, irrigation and drainage ditches that have a nexus ro interstate <br />commerce. Under dte authority of the Clean Water Act, an approved jurisdictional determination has <br />determined that Little Dry Creek (D) and surface connected wetland (G) are waters of the U_S. <br />If a proposed activity requires work within the above-described waters of the U.S., a proponent of <br />the project should notify this office for Department of the Army permits. <br />Aonroved jurisdictional determinatiou: Based upon the ruling by the Supreme Cour[ in the <br />matter of Solid Waste Aeencv of Arorthern Cook Countv v. U.S. Armv Corps of En ineers, 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 isolated wetlands H, I, E, F, C, B and A. These wetlands are not waters of the U.S. and therefore <br />non jurisdictional. No permit or other authorization by dre DA is required for work in these wetlands. <br />This approved jurisdictional determination and delineation is valid for a period of five years fmm <br />the date of this letter unless new information warrants revision of the determination. <br />The attached Jurisdictional Determination form provides the basis ofjurisdiction for Little Dry <br />Creek (D), surface connected wetlands (G) and isolated wetlands H, I, E, F, C, B and A. If the applicant <br />wishes to appeal this approved jurisdictional determination, the attached Notitication of Administrative <br />Appeal Options form should be completed and sent to Mr. Mores Bergman at the address noted on the <br />form. <br />88 <br />r -~~ apes ass eoe <br />a9eneS 41?P3 e~c:an cn an unr <br />