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<br />Ms. Edith Savage <br />Savage and Savage <br />464 West Sumac Court <br />Louisville, CO 80027 2227 <br />DEPARTMENT OF THE ARMY <br />CORPS OF ENGWECRS, OMAHA DISI7UCT <br />DENVER REGULATORY OFFICE, 9307 SOU'fri WADSWORTH BOULEVARD <br />L17TlEfON, COIARADO 80128-6901 <br />October 17, 2003 <br />RE: Preliminary Jarisdictiooal Determination, Tncson Mining Project, Isolated Wetlands: <br />Sideslope Seep, Two Soathern Depressions and Discontinaous Swale <br />Corps File No. 200380589 <br />Deaz Ms. Savage: <br />I have reviewed this project located in the SW '/. of Section 1 and the NW '/s of Section 12, T 1S, <br />R67W, Adams County, Colorado on behalf Aggregate Industries. This review was in accordance with <br />Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the <br />dischazge of dredged and fill material, and any excavation activities associated with a dredged and fill <br />project, into waters of the United States. Waters of the United Stales include ephemeral, intermittent and <br />perennial streams, their surface connected wetlands and adjacent wetlands and certain lakes, ponds, <br />irrigation and drainage ditches that have a nexus to interstate commerce. <br />Based upon the ruling by the Supreme Court in the matter of S~li~i <tP A Prnry of Nnrthem <br />('nnk Cn~mrv v T l S Arm, hnmc of "neere No. 99-1178 (January 9, 2001), the Deparhnent of the <br />Army's regulatory authority over isoia[ed, non-navigable, intrastate waters has been eliminated if the sole <br />nexus to interstate commerce was use of the waters by migratory birds. Under the authority of the Crean <br />Water Act, a preliminary Jurisdictional Detem7ination has determined that the non jurisdictional isolated <br />wetlands of the sideslope seep, two southern depression wetlands and discontinuous Swale in your report <br />are not waters of the U.S. Tn that regazd a Department of the Army pernrit will not be required for any <br />work in the isolated wetlands at this site. Our office considers your wetlands delineation report and map <br />for this project accurate and acceptable. <br />Although a Department of the Army permit will not be required for work at this site, This does <br />not eliminate the requirements that other applicable federal, state, tribal, and local pemrits aze obtained if <br />needed. If you have any questions concerning this [natter, please call me at (303) 979-0120 and <br />reference Corps File No. 200380589. <br />Sincerely, <br />-~-~ mCk~ <br />Terry McKee <br />Natural Resource Specialist <br />tm <br />Copies Furnished: <br />EPA <br />