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Mr. Randy Schafer 40586 Co. Rd. 21 Haxtun, CO 80731 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD LITTLETON, COLORADO 80128 -6901 November 21, 2012 ggratett) t t\ I sPw• RE: Proposed Expansion of Hansel Gravel Pit, DRMS M- 2010 -036, Tributary to Sandy Creek Corps File No. NWO- 2012 - 2010 -1002 -DEN Dear Mr. Schafer: Reference is made to the above - mentioned project located at 40.53963; - 102.64988, Phillips County, Colorado. This tributary to Sandy Creek was determined to be non jurisdictional and is not regulated under Section 404 of the Clean Water Act. This site 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 certain excavation activities in waters of the United States. Waters of the U.S. may include ephemeral, intermittent and perennial streams, their surface connected wetlands and adjacent wetlands and certain lakes, ponds, drainage ditches and irrigation ditches that have a nexus to interstate commerce. An approved jurisdictional determination (JD) has been completed for this project. The JD is attached to this letter. If you are not in agreement with the JD decision, you may request an administrative appeal under regulation 33 CFR 331, by using the attached Appeal Form and Administrative Appeal Process form. The request for appeal must be received within 60 days from the date of this letter. If you would like more information on the jurisdictional appeal process, contact this office. It is not necessary to submit a Request for Appeal if you do not object to the JD. This JD is valid for a period of five years from the date of this letter, unless new information warrants revisions of the JDs before the expiration date, or unless the Corps has identified, after a possible public notice and comment, that specific geographic areas with rapidly changing environmental conditions merit re- verification on a more frequent basis. Based on the information provided, a Department of the Army (DA) Permit will not be required for this project. Although a DA Permit will not be required for the project, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as needed. The Omaha District, Regulatory Branch is committed to providing quality and timely service to our customers. In an effort to improve customer service, please take a moment to complete our Customer Service Survey found on our website at http:// per2 .nwp.usace.army.millsurvey.html. If you do not have Internet access, you may call and request a paper copy of the survey that you can complete and return to us by mail or fax. (Completing the survey is a voluntary action)