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_ ..,._>:.~~.~~-m ~sl'.~'P~%'6'S~r~.iL~`±`"~. (3t~' a'13~;A.~.i~f3' -, ,r, <br />~q CORPS OF ENGINEERS, OMAHA DISTRICT ~~ <br />. 4~_~` ~ I'~- DELAYER REGULATORY OFFICE, 9307 SOUTH pLATfE CANYON ROAD <br />. i1TfLETON, CO 80128-6901 <br />fs <br />' ~ Mareh 9, 2001 <br />Ms. Brenda Mitchell <br />Clueen of the River Fish Company, Inc. <br />13810 N. 115'° Street <br />Longmont,.CO 80501 <br />Re: Department of the Army Application No. 200080040 <br />Northern Colorado Constructors Aggregate Mining, Weld County, Colorado <br />DearMs. Mitchell: <br />We have reviewed your request, on behalf ofNorthem Colorado Constructors, Inc., far <br />Department of the Army {DA) autborizationto impact a total of 2bd acres of wetlands and waters of the <br />U.S near the South Platte River in comtectian with surfice mining of sand and gravel The project is <br />located appra~nately 3 miles northwest of FortLnpton near the South Platte River in Section 24, <br />Township Z North, Range 67 West In Weld County, Colorado. <br />_ Based upon the rulnmg by the Supreme Court in the matter of Solid Waste Agency of Northern <br />Cook County v. U.S. Army Corps of En~aneers. No. 99-1178 {January 9, 2001), the DA's regulatory <br />jurisdiction over isolated, non-navigable, intrastate waters has been eliminated if the sole nexus to <br />interstate commerce was use of the waters by migratory birds. It is apparent under the ruling above that <br />the DA does not have the authority to regulate work in the area reflected in your application. Therefore, <br />no permit or other authorizatiaar by the DA isrequired. <br />Although a DApermit will not be required for the project, this does not eliminate the requireatent <br />that you obtain any other applicable Federal, stair, robot err local perrmts as required: Please noDe that <br />deviations from the original phuvs and specifications ofyour project mould require other authorimtions <br />from this office. Lf any endangered or threatened species or its critical habitat exists within, or near, the <br />i prr jeer boundaries, yon are urged to contactthe iF.S. Fish and Wildlife Service. <br />If you have any questioac coneenting this verification, please call Scott Franklin at {303) 979- <br />4120 and reference File 200080040. <br />Sincerely, <br />T" othyT. <br />Chie , Re ate ffice <br />Copies Famished: , <br />U.S. Fish & Wildlife Service <br />Colorado Department ofPublic Health & Environment <br />Environmeatal Protection Agency <br />Colorado Division of Wildlife <br />-~ 2090li0a40.no permi[ [egd.doc <br />96 <br />