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' '" ~ ` ' DEPARTMENT OF THE ARMY <br />- CORPS OF ENGINEERS, OMAHA DISTRICT <br />DENVER REGULATORY OFFICE, 9307 SOUTH PLATTE CANYON ROAD <br />' LITTLETON, CO 80128-6901 <br />~ ~ P ~ <br />October 22, 2001 <br />Mr. Frank Kauffman <br />808 S. County Road 9E <br />Loveland, CO 80537 <br />RE: Revocation of Department of the Army Peraut No. 199880085 <br />Stroh Gravel Mining Project <br />Dear Mr. Kauffman: <br />This office has performed an annual review of the above-mentioned Section 404 Permit for <br />compliance with permit conditions. The property is located in Section 16, Township 5 North, Range 68 <br />West, in Larimer County, Colorado. <br />Based upon the ruling by the Supreme Courtin the matter of Solid Waste Agency of Northern <br />Cook County v. U.S. Army Corns of Engineers. 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 is use of the waters by migratory birds. It is apparent under the ruling above that the <br />DA does not have the authority to regulate work in the isolated water bodies, wetlands, drainages or other <br />aquatic habitats located in the area reflected in your project. <br />Therefore, is light of the above factors and in accordance with 33 CFR Part 325.7, T am <br />hereby suspending and revoking Individual Permit 199880085. AS a result of this determination, <br />no permit or other authorization by the DA is required for work at this site and no mitigation <br />requirements or other permit conditions specified in Corps Permit 199880085 need to be <br />completed. <br />Although a DA permit is now not required for your project, this does not eliminate the <br />requirement that you comply with any other applicable Federal, state, tribal or local permits as necessary. <br />Please note that deviations from the original plans and specifications of your project could require other <br />authorizations from this office. <br />If you have any questions concerning this letter, please contact me or Scott Franklin of my staff at <br />the above address or at (303) 979-4120. <br />BY THE AUTHORITY OF THE SECRETARY OF THE ARMY: <br />Kurt F. Ubbelohde <br />Colonel, Corps of Engineers <br />District Engineer <br />S <br />a <br />