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~P~ <br />~~ DEPARTMENT OF THE ARMY <br />CORPS OF ENGINEERS, OMAHA DISTRICT <br />DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD <br />" Li1"rLETON,COLORAD080i28-6901 <br />May 11, 2005 <br />Mr. Allen Crockett <br />Walsh Environmental Scientists and Engineering, LLC <br />4888 Pearl East Circle, Suite 108 <br />Boulder, CO 80301-2475 <br />RE: Approved,Jurisdictional Determination, Lupton Lakes Resource Sand and Gravel Quarry, <br />Fort Lupton, Wetland and Irrigation Ditches <br />Corps File No. 200380231 <br />Dear Mr. Crockett: <br />Mr. Terry McKee of this office has reviewed this project on behalf of SW TKO Joint Venture <br />LLC (Mark Campbell). This project is located in the SE'/4 of Section 18, and the E'/z of Section 19, <br />T1N, R66W, Weld County, Colorado. 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 United <br />States. Waters of the United States include ephemeral, intermittent and perennial streams, their surface <br />connected wetlands and adjacent wetlands and certain lakes, ponds, irrigation and drainage ditches that <br />have a nexus to interstate commerce. <br />Aparoved iurisdictional determination: Based upon the ruling by the Supreme Court in the <br />matter of Solid Waste Agencyof Northern Cook County v U S Army Corps of Engineers, No. 99-1178 <br />(January 9, 2001), the Department of the Army's (DA) regulatory authority over isolated, non-navigable, <br />intrastate waters has been eliminated if the sole nexus to interstate commerce was use of the waters by <br />migratory birds. It is apparent under the ruling above that the DA does not have the authority to regulate <br />work in the isolated road side wetland or irrigation ditches at this site. These areas are not waters of the <br />U.S. and therefore non jurisdictional. No permit or other authorization by the DA is required for work in <br />these areas. <br />This approved jurisdictional detern~ination and delineation is valid for a period of five years from <br />the date of this letter unless new information warrants revision of the determination. <br />The attached Jurisdictional Determination form provides the basis of jurisdiction for the <br />isolated road side wetland or irrigation ditches at this site. If the applicant wishes to appeal this approved <br />jurisdictional determination, the attached Notification of Administrative Appeal Options form should <br />be completed and sent to Mr. Mores Bergman at the address noted on the form. <br />Although a DA permit will not be required for work in the isolated road side wetland or irrigation <br />ditches. at this site, this does not eliminate the requirement: that you obtain any other applicable Federal, <br />state, tribal or local permits as required. <br />~~ <br />