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~a~%`~`~ I DEPARTMENT OF THE ARMY CORPS OP ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD LFCTLETON, COLORADO 80128-6907 June 24,2003 Mr. Mark Balderston PO Box 1793 Breckenridge, CO 80424 RE: Development Site, Wetland Determination, Area 1 and Area 2, Wetland Determination, Left Bank of the Middle Fork South Platte River Cor s File No. 200380080 _ _ _ Dear Mr. Bladerston: Reference is made to your June 23, 2003 site visit with Mr. Terry McKee of this office concerning the above-mentioned activity located in the NW '/< of Section 33, T9S, R77W, Park 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 ephemera], 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. Under the authority of the Clean Water Act, a preliminary Jurisdictional Determination has determined that Area 1 and Area 2 do not meet the parameters for wetlands. In that regazd, areas 1 and 2 are not wetlands. A Department of the Army permit will not be required for your proposed activity at this site. Although a Department of the Army permit will not be required for this activity, this does not eliminate the requirements that other applicable federal, state, tribal, and local permits are obtained if needed. Please disregard the February 13, 2003 letter sent to you by Mr. Terry McKee of this office concerning this matter. If you have any questions, please feel free to call Mr. McKee at (303) 979-4120 and reference Corps File No. 200380080. Sincerely, J~~~ Timothy T. Carey Chief, Denver Regulatory Office tm