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;~~~ DEPARTMENT OF T73E ARMY <br />CORPS OF ENGINEERS, OMAHA DISTRICT <br />i DENVER REGULATORY OFFICE, 9307 S. PLATTE CANYON ROAD <br />LITTLETON, COLORADO 80128901 <br />September 14, 2001 <br />Mr. Michael Savage <br />Savage and Savage <br />4114 West Sumac Court <br />Louisville, CO 80027-2227 <br />RE: Isolated Waters Evaluation, Stagecoach Property, Isolated DagondRellct Oxbow <br />Corps I•lle No. 200180647 <br />Dear Mr. Savage: <br />We have reviewed the above-mentioned project for Banks and Gesso LLC on behalf of LaFarge for <br />Department of the Army (DA) authorization. The property is located in the NW '/. of Section 35, Township I <br />South, Range 67 West, Adams Covnty, Colorado. <br />Based upon the ruling by the Supreme Court in the matter of Solid Waste Age of Northam Cook <br />County v U S Armv Coros of Ena'necrs No. 99-1178 (January 9, 2001), the DA's regulatory authority over <br />isolated, non-navigable, intrastate waters has been eliminated if the sole nexus to interstate commerce was use of <br />the wales by migratory birds. It is apparent under the ruling above that the DA does not have the authority to <br />regulate work in the isolated dugouUrelict oxbow indicated in your request. No permit or other authorization by <br />the DA is required for work in this isolated waterbody. <br />Although a DA permit wt71 not be required for work at this site, this does not eliminate the requirement <br />that you obtain any other applicable Federal, state, tribal or local permits as required Please note that deviations <br />from the original plans and specifications of your project could require other authorizations from this office. <br />if you have any questions concerning this verification, please call Mr. Terry McKtx at (303) 979 120 <br />and reference File No. 200180647. <br />Sinccely, <br />Tim T. , <br />Chief, Denver Regulatory Office <br />tm <br />