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DEPARTDIE\T OF THE AR~1Y <br />CORPS Of GNGI:VCGRS, O~YI:II LA DISTRICT' <br />UG~VE12 REGULAT012Y' OPPICG, 9?07 SOUTH t4AU5Y40RTH E30ULEVARU <br />LITTLFTON. COLOR:IDO 30113-6901 <br />December 30, 2003 <br />Mr. Peter R. Davis <br />Weiland, Inc. <br />10395 Colfax Ave.. Suite 350 <br />Lakewood, CO 8021 ~ <br />RE: Preliminary Jurisdictional Determination, Turnpike ;Mining Resource, Isolated Wetlands <br />1, 2, 3 and the Precious Mined Area <br />Corps Filc No. 200380711 <br />Dear Mr. Davis: <br />I have reviewed this project located in the NE % of Section 31, T2N, R68 W, Weld County, <br />Colorado on behalf Asphalt Specialties. This review was in accordance with Section 404 of the Clean <br />Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill <br />material, and any excavation activities associated with a dredged and fill project, into waters of the <br />United Stales. Waters of [he United States include ephemeral, intermittent and perennial streams, their <br />surface connected wetlands and adjacent wetlands and certain lakes, ponds, irrigation and drainage <br />ditches that have a nexus to interstate commerce. <br />Based upon the ruling by the Supreme Court in the matter of Snl;rl Waer~A_genry of NnrthPr<, <br />Conk t'nim rv t i C Arn,T Cnmc of Fngineerc, No. 99-I ] 78 (January 9, 2001), the Department of the <br />Army's regulatory authority over isolated, 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 Clean <br />Water Act, a preliminary Jurisdictional Determination has determined that the non jurisdictional isolated <br />wetlands and the previous mined area in your report are not waters of the U.S. In that regard a <br />Department of the Army pemtit will not be required for any work in the isolated wetlands or the previous <br />mined area at this site. Our office considers your wetlands delineation report and map for this project <br />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 permits are obtained if <br />needed. If you have any questions, please call me at (303) 979-4120 and reference Corps File No. <br />200380711. <br />Sincerely, <br />T~ m ck~ <br />Terry McKee <br />Natural Resource Specialist <br />tm <br />Copies Furnished: <br />EPA, Gene Ree[z <br />