2010-07-13_PERMIT FILE - M2010049 (6)

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DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 S. Wadsworth Boulevard LI7"rLETON, COLORADO 80128-6901 January 15, 2010 Mr. Mark Bakeman, Ph.D Ensight Technical Services, Inc. 1798 Hauck Street Erie, CO 80516 RE: Varra Sugar Mill Site Proposed Gravel Mine Corps File No. NWO-2010-62-DEN Dear Mr. Bakernan: Reference is made to the above-mentioned project located in Sections 4 and 9, T5N, R65W, Weld County, Colorado. This project has been reviewed 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 activity associated with a dredge and fill project in waters of the United States. Waters of the U.S. includes ephemeral, intermittent and perennial streams, their surface connected wetlands and adjacent wetlands, certain lakes, ponds, drainage ditches and irrigation ditches that have a nexus to interstate commerce. If any work associated with a project requires the placement of dredged or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in the Cache la Poudre wetlands at the confluence of Ditch 1 (point l E) and the City of Greeley Orange Street Ditch (point 7), this office should be notified by a proponent of the project for Department of the Army permits, changes in permit requirements or jurisdictional determinations pursuant to Section 404 of the Clean Water Act. Reference is made to the November 13, 1986 Federal Register (Page 41217), Part 328 (a) Non- tidal drainage and irrigation ditches excavated on dry land, (b) artificially irrigated areas which would revert to upland if the irrigation ceased, (e) artificial lakes, ponds or irrigation ditches created by excavation and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering and irrigation, and (d) artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. The Corps of Engineers generally does not consider these types of aquatic resources waters of the U.S. except on a case-by-case basis. The wetlands of Ditch 1 (A1- Cl) and wetlands of Ditch Areas 2A, 213 and 2C are considered non-tidal drainage and irrigation ditches constructed on dry land and are therefore not waters of the U.S. A Department of the Army permit will not be required for work in these wetlands.