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Telly McKoe <br />Tucson Project; Request For Ju[isdiction Conc~mrnce <br />Page 2 <br />Consistent with the United States Supreme Court deasion (Solid Waste Agency of <br />Northern Cook County v. U .S. Army Corps of Engineers_ No. 99-1178 (January 9, <br />2001)), in order to be regulated, one of two criteria must be present in determining <br />whether waters or wctlands fall user the jurisdiction of the Corps; first the wetland or <br />waters must be surface connected to tn~butary waters of the United States, or second, the <br />wetlands or waters must be adjacetrt to tributary waters of the United States. The two <br />depressions located near the west boundary of the site and a discontinuous Swale at the <br />east boundary of the site are potential wetlands that are not connected to a tributary <br />system and are isolated from the tributary system by natural topography. For this reason <br />these two areas were concluded to be non jurisdictional. <br />A survey for potential wetlands and waters of the United States was conducted within the <br />Tucson site west of Brightoq Colorado on August 19, 2003. Non-jurisdictional potential <br />wetlands include a sideslope seep located along portions of the west boundary of the site, <br />two depressions also located near the west boundary of the site, and a discontinuous <br />Swale near the east boundary of the site. Waters of the United States other than wetlands <br />were identified within the South Platte River. The South Platte River is not slated for <br />disturbance. <br />if I can provide additional information or clariRcatioq please call me at your <br />convenience. <br />Sincerely, <br />Edith Savage <br />Principal <br />enclosure: Tucson Site -Wetland Delineation <br />c: Mike Refer, Aggregate Industries w/o encbsure <br />Bob Fleming, ADCO Consulting w/o enclosure <br />