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- 2 - <br />This decision is based on your recent letter stating that you are currently and plan to <br />continue to extracting sand and gravel (fill) from these dewatering ponds, initially <br />constructed and authorized under Corps Action No. SPA - 2004 - 00010. Please keep in <br />mind that pits excavated in uplands for the purpose of obtaining fill, sand, or gravel are <br />generally not considered to be waters of the U.S. until the pit is no longer used for <br />obtaining fill. At that time, waterfilled depressions may be considered a water of the U.S. <br />and the placement of dredged or fill material into the pit may be regulated. <br />The Corps based this decision on a preliminary jurisdictional determination (JD) <br />that there may be waters of the U.S. on the project site. Preliminary JDs are advisory in <br />nature and may not be appealed. An approved JD is an official Corps determination that <br />"waters of the U.S." and/or "navigable waters of the U.S." are either present or absent on <br />a particular site. An approved JD precisely identifies the limits of those waters on the <br />project site determined to be jurisdictional under the CWA. If you wish, you may request <br />that the Corps reevaluate this case and issue an approved JD. If you request an approved <br />JD, you may not begin work until the approved JD, which may require coordination with <br />the Environmental Protection Agency, is completed. Please contact me if you wish to <br />request an approved JD for this case. <br />If you have any questions concerning our regulatory program, please contact me at <br />719-543-8102 or by e-mail at Christopher.M.Grosso @usace.army.mil. At your <br />convenience, please complete a Customer Service Survey on -line available at <br />http: / /per2.nwp.usace.army.mil /survey.html. <br />Christopher Grosso <br />Regulatory Project Manager <br />Copies furnished via email: <br />Jeffrey Woeber, Pueblo County Government, jeff.woeber @co.pueblo.co.us <br />Paul Banks, Paul Banks and Associates, LLC, paulb @paulbanksandassociates.com <br />