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<br />DEPARTMENT OF THE ARBff <br />ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS - - <br />SOUTHERN COLORADO REGULATORY OMCE <br />REPLY TO 200 &.4ANTA FE, SUITE fox <br />AT[ MON OF PUEBLO, COLORADO gi0.03 <br />August 26, 2009 <br />Regulatory Division <br />Scott Munsell ; <br />Snv3.r'o•-Ag Rpginear;.ng' <br />3904 Airway Blvd. <br />Amariilo, Texas 79118 <br />Dear Mr."Munsell: <br />This replies to your August 20, 20q9, e-mail regarding the <br />proposed waterline borin.9 uhder''.B. Highway 50 by the Colorado <br />Beef Feed Lot near.t#mar, Prowerp?CoufA y, Colorado. We nave <br />assigned Action Nei. SPA-2009.00530-SCO 'to this activity. <br />We have ' evalicAtecl inkormitiZ6 you provided and stud?*?d <br />the project description;, other recordd, and documents avaiiable <br />to us. We determined thot ea Ai crossing is with'uplands and'no <br />waters of the'United States are located within the project site. <br />There are no Corps of Engineers, )urigdictional waters on the <br />site. Therefore, the project is not regulated under the <br />provisions of Section 404 of the Clean Water Act and a Department <br />of the Army permit will not be required. <br />The work does not .include any discharges of dredged or fill <br />material into maters of the United States. Therefore, the <br />proposed project is not regulated under the pro,,?sions of Section <br />404 of the Clean Water Act and a Departmeftt of the Army permit <br />will not be required. <br />Our disclaimer of jurisdiction :Ls only for Section 404 of the <br />Federal Clean Water Act. Other Federal, state and local laws may <br />apply to the activities. Therefore, the applicant should also <br />contact other Federal, state and local regulatory authorities to <br />determine whether the activities may require other authorizations <br />or permits. <br />This letter contains an approved jurisdictional determination <br />for your subject site. If you object to this determination, you <br />may request an administrative appeal under Corps` regulations at <br />33 CFR Part 331. Enclosed you will find a Notification of Appeal <br />Process and Request for Appeal form. If you request to appeal