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DEPARTMENT OFTHE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />CORPS OF ENGINEERS <br />1325 J STREET <br />REPLY TO SACRAMENTO, CALIFORNIA 95814-2922 <br />0 ATTENTION OF May 16, 2003 <br />Regulatory Branch (200375175) <br />Ms. Holly Miller <br />Sugnet Environmental, Inc. <br />679 E. 2nd Avenue, Suite 10 <br />Durango, Colorado 81301 <br />Dear Ms. Miller: <br />This letter is in response to your written request dated May 2, 2003, on behalf of <br />Greg Lewicki and Associates, for a jurisdictional determination the Cugnini Pit property. <br />The property is located within Section 26, Township 34 North, Range 9 West, La Plata <br />County, Colorado. <br />Based on my site inspection on April 24, 2003, and the information provided, we <br />have determined that the two wetlands on this site, one of which contains a spring, are not <br />subject to regulation under Section 404 of the Clean Water Act, since they are intrastate, <br />isolated, and non-navigable with no interstate commerce connection. Therefore, the wetland <br />areas identified on the aerial photographs you provided will not be regulated by our office. <br />Our disclaimer of jurisdiction is only for Section 404 of the Clean Water Act. Other <br />Federal, State and local laws may apply to activities in those areas. <br />Please refer to identification number 200375175 if there are any questions regarding <br />this determination. Questions should be directed to the Durango Regulatory Office, 278 <br />Sawyer Drive, #1, Durango, Colorado 81303, telephone number (970) 375-9452. <br />Sincerely, <br />ORIGINAL SIGNED <br />Lesley McWhorter <br />Chief, Durango Regulatory Office <br />Sacramento District <br />Copies furnished: <br />Mr. Greg Lewicki, Greg Lewicki and Associates, 11541 Warrington Court, Parker, <br />Colorado 80138 <br />Mr. Tom Speeze, Regional Manager, Colorado Division of Wildlife, 151 E. 16th Street, <br />. Durango, Colorado 81301 <br />Cugnini Pit, November 2009 J-5