2006-05-18_PERMIT FILE - M2006070

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`?/Y ? ,zoos - 070 I:. -rt'7'Ms. Darcy Tiglas 5015 Swainsona Drive Loveland, CO 80537 DEPARTMENT OF THE ARMY 741- CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORT14 BOULEVARD L I TLETON, COLORADO &0128-6901 YMay 18, 2006 RE: Approved Jurisdictional Determination, Derr Gravel Pit Corps File No. 200680278 Dear Ms Tiglas: Mr. Terry McKee of my office has reviewed this project during his May 17, 2006 site visit. This project is located the NE 1/s of Section 4, T5N, R65W, Weld County, Colorado. This review was in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material, and any excavation activities associated with a dredged and fill project, into waters of the United States. Waters of the United States include ephemeral, intermittent and perennial streams, their surface connected wetlands and adjacent wetlands and certain lakes, ponds, irrigation and drainage ditches that have a nexus to interstate commerce. Approved Jurisdictional Determination: Based upon the ruling by the Supreme Court in the matter of Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, No. 99-1178 (January 9, 2001), the Department of the Army's (DA) regulatory authority over isolated, non-navigable, intrastate waters has been eliminated if the sole nexus to interstate commerce was use of the waters by migratory birds. It is apparent under the ruling above that the DA does not have the authority to regulate work in the Community A and Community B wetlands at this site. These wetlands are not waters of the U.S. and therefore non-jurisdictional. No Department of the Army permit or other authorization by my office is required for work in these wetlands. This letter contains an approved jurisdictional determination for your subject site. If you object to the determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the Northwestern Division Office at the following address: Mores Bergman, Appeal Review Officer US Army Corps of Engineers Northwestern Division 12565 West Center Road Omaha, Nebraska 68144-3869 Telephone (402) 697-2533 Fax Number (402) 697-2538 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office with in 60 days of the date of the NAI'. Should you decide to submit an R.FA form, it must be received at the above address by July 14, 2006.