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RESULTS Waters ojthe United States Waters of the United States (WOTUS) were identified adjacent to and within the Tucson site. Waters of the United States were found within the Brantner and Brighton Ditches. These irrigation supply canals were concluded to be jurisdictional based on their origin south of the site at the South Platte River and Todd Creek, both natural tributary drainages. Neither is slated for disturbance. Non-Jurisdictional Wetlands It has been the opinion of the U. S. Army Corps of Engineers Omaha District that wetlands created by man-induced irigation that would revert to uplands if the irrigation activity were to be terminated, do not fall under Corps jurisdiction. The sideslope seep wetlands below the Brantner Ditch would revert to uplands if the irrigation activity were terminated, therefore it was concluded that these features are non jurisdictional. Additionally, these features are not surface connected to any tributary system, eliminating them as jurisdictional. The ephemeral depression pond located at the southwest boundary of the fill area also derives its water from seepage originating from the Brighton Ditch. This feature appears to be an excavation to provide fill material for the electrical substation to the south. With the seepage from the ditch, rainwater, and some errant imgation water, sufficient water has accumulated to form an ephemeral pond with hydrophytic vegetation at the fringes. This feature is not surface connected to a tributary system and derives its water from man induced ircigation. Without water seepage from the Brighton Ditch, it is our conclusion that this feature would not support hydrophytic vegetation and would revert to ruderal upland vegetation. For these reasons, we concluded that this feature is non jurisdictional. SUMMARY AND RECOMMENDATIONS A survey for potential wetlands and waters of the United States was conducted within the Tucson fill area west of Brighton, Colorado on April 15 and 26, 2004. Non jurisdictional wetlands included two sideslope seeps (Figure 3) located below the Brantner Ditch along the south and west portions of the site, and an ephemeral depression pond (Figure 4) located near the southwest boundary of the site. Waters of the United States other than wetlands were identified within the Brantner and Brighton Ditches. We recommend obtaining a concurrence from the U.S. Army Corps of Engineers Omaha District for those potential wetlands that we have identified as non jurisdictional. Tucson Project Fill Area: Jurisdictional Wetland Delineation and Determination Page 4