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°r""~ DEPARTME\'T OF THE .~RnIY <br />' ~ ~ CORPS OF ENGINEERS, OMAHA DISTRICT <br />~~~ ~ ~ DENVER REGULATORY OFFICE.'~307 SOUTH PLATTE CANTON ROAD RECEII'wD <br />~~ LITTLETON. CO 501'_5-6901 Vr <br />~~ 3AN 0 3 p00? <br />October 22, 2001 DlvisionofMi~erelsandGaofoBY <br />Mr. Frank Kauffman ; ~~ <br />Jake Kauffman ~C Son, Inc. U' ~ <br />S08 S. County Road 9E <br />Loveland, CO 8037 <br />RE: Revocation of Department of the Army Permit No. 200080410 <br />Wagner/I~auffman Pit No. 3, Wetlands Ncar the Big Thompson River <br />Dear Mr. Kauffman: <br />This office has perforn~cd an annual review of the above-mentioned Section 404 Permit for <br />compliance with permit conditions. The propeiTy is located in Sections 17, 20, and 2 ] Township 5 North, <br />Range G8 West, in Lorimer County, Colorado. <br />Based upon the ruling by the Supreme Court m [he matter of Solid Waste Aeencv of Northern <br />Cook County v. U.S. ArmyComs of En ig leers, No. 99-1178 (January 9, 2001), the DA's regulatory <br />jurisdiction over isolated, non-navigable, intrastate waters has been eliminated if the sole nexus to <br />interstate commerce is use of the waters by migratory birds. It is apparent under the ruling above Iha[ [he <br />DA does not have the authority to regulate work in the isolated water Uodies, wetlands, drainages or other <br />aquatic habitats located in [he area reflected in your project. <br />Therefore, in light of the above factors and in accordance with 33 CFR Part 325,7, I am <br />hereby suspending and revoking Individual Permit 200080410. As a result of this determination, <br />no permit or other authorization by the DA is required 1'm~ work at this site and no mitigation <br />requirements or other permit conditions specified in Corps Permit 200080410 need to be <br />completed. <br />Although a DA permit is now not required for your project, this does not eliminate the <br />requirement that you comply with any other applicable Federal, state, tribal or local permits as necessary. <br />Please note that deviations from the original plans and specilications of your project could require other <br />authorizations from this office. <br />If you have any questions concerning this letter, please contact me or Scott Franklin of my staff at <br />the above address or at (303) 979-4]20. <br />BY THE AUTHORITY OF THE SECRETARI` OF THE ARMI': <br />Kurt P. Ubbelohde <br />Colonel, Corps of Engineers <br />District Engineer <br />