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. %~~~~ <br />- .. <br />~~ <br />DEPARTMEn"r OF THE ARMY <br />CORPS OF ENGINEERS, OMAHA DISTRICT <br />DENVER REGULATORY OFFICE, 9307 S. PLATTE CANYON ROAD <br />LITTLETON, COLORADO 80128-6901 <br />November 20, 2001 <br />Ms. Edith Savage <br />Savage and Savage <br />464 West Sumac Court <br />Louisville, CO 50027-2227 <br />RE: Asphalt Specialties Co., Artificially Irrigated Drainage Ditch <br />Corps File No. 200180776 <br />Dear Ms. Savage: <br />Reference is made to the above-mentioned property on behalf of Asphalt Specialties Co. <br />located in the SE '/e of Section 34, Township 1 South, Range 67 West, Adams Cotmty, Colorado. <br />Based on the information you provided, the artificially irrigated drainage ditch at this site is <br />created by man induced irrigation and would revert to uplands if the irrigation activity were to be cut <br />off. In that regard, the wetlands in this drainage ditch are not waters of the U.S. pursuant to Section <br />404 of the Clean Water Act. A Department of the army petTnit will not be required for any work in <br />this drainage ditch. <br />This project has been reviewed in accordance with Section 404 of [he Clean Water Act under <br />which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material and <br />certain excavation activities in waters of the United States. Waters of the U.S. includes ephemeral, <br />intermittent and perennial streams and their sw~face connected wetlands and-zdjacentwetlands and <br />certain lakes, ponds, drainage ditches and in~igation ditches that have a nexus to interstate commerce. <br />A Department of the Anny permit will not be require for any work at this site. <br />Althou_h a Deoartment of the Army pemtit will not be required for any work on this <br />property, this does not eliminate the requirements that other applicable federal, state, tribal, and local <br />permits are obtained if needed. <br />If there are any questions concerning this matter, please call NIr. Terry McKee of this office <br />at 303-979-4120 and reference Carps File No. 200180776. <br />Sincerely, <br />Timo y T. re <br />Chief, r Regu a Office <br />tm <br />