2005-04-22_REVISION - M1977526 - Laserfiche WebLink

Home Browse Search

,~'_ ~_ (~~ ~ ~~~ DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY pFFICE, 9307 SOUTH WADSWORTH BOULEVARD LITTLETON, COLORADO 80128-6901 February 4, 2005 Ms. Kathryn Cloutier Greystone Environmental Consultants, Inc. 5231 South Quebec Street Greenwood Village, CO 800111 RE: Albert Frei & Sons Sand and Gravel Mine, Permit Expansion 9rea, Approved Jurisdictional Determination, Existing Open Water Gravel Pit Corps File No. 200580059 Dear Ms. Cloutier: Mr. Terry McKee of this office has reviewed this project on behalf of Albert Frei & Sons. This project is located in the SW '/< of Section 26, T1S, R67W, Adams County, Colorado. This review was in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material, and any excavation activities associated with a dredged and fill project, into waters of the United States. Waters of the United States include ephemeral, intermittent and perennial streams, their surface connected wetlands and adjacent wetlands and certain lakes, ponds, irrigation and drainage ditches that have a nexus to interstate commerce. Anaroved jurisdictional determination: Based upon the ruling by the Supreme Court in the matter of Solid Waste Agencv of Northern Cook County v. U.S. Armv Coms of Engineers, No. 99-1178 (January 9, 2001), the Departnment of the Army's (DA) regulatory authority over isolated, non-navigable, intrastate waters has been eliminated if the sole nexus to interstate commerce was use of the waters by migratory birds. It is apparent under the ruling above that the DA does not have the authority to regulate work at this site, which includes the existing open water gravel pit. This pit is not waters of the U.S. and therefore non-jurisdictional. No pemmit or other authorization by the DA is required for work on this property or in the existing gravel pit. The attached Jurisdictional Determination form provides the basis of jurisdiction for the open water gravel pit at this site. If the applicant wishes to appeal this approved jurisdictional detemmination, the attached Notification of Administrative Appeal Options form should be completed and sent to Mr. Mores Bergman at the address noted on the form. Although a DA permit will not be required for work at this site, which includes the existing open water gravel pit, this does not eliminate the requirement that you obtain any other applicable Federal, state, tribal or local permits as required.