2013-03-26_GENERAL DOCUMENTS - M2006001

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Exhibit 1 REPLY TO ATTENTION OF Regulatory Division Michael Conlin 875 Mountain View Drive Leadville, CO 80461 -3735 Mr. Conlin: DEPARTMENT OF THE ARMY CORPS OF ENGINEERS ALBUQUERQUE DISTRICT 200 S. Santa Fe Avenue, Suite 301 Pueblo, Colorado 81003 February 25, 2013 SUBJECT: Action No. SPA - 2005- 00467, fen dredging for the Fen Research Project near Leadville, Lake County, Colorado. We received your e -mail concerning re- issuance of a no permit required determination for the excavation of fen wetland material in Corske Creek in Lake County, Colorado. We have assigned Action No. SPA - 2005 -00467 to this activity. To avoid delay, please include this number in all future correspondence concerning this project. I reviewed this project in accordance with Section 404 of the Clean Water Act (CWA). Under Section 404, the Corps regulates the discharge of dredged and fill material into waters of the United States, including wetlands. Based on your description of the proposed work, other information available to us, and current regulations and policy, we have determined that this project will not involve any of the above activities. Therefore, it will not require Department of the Army authorization under the above laws. However, it is incumbent upon you to remain informed of any changes in the Corps Regulatory Program regulations and policy as they relate to your project. The Corps based this decision on a preliminary jurisdictional determination (JD) that there may be waters of the United States on the project site. Preliminary JDs are advisory in nature and may not be appealed. An approved JD is an official Corps determination that "waters of the U.S." are either present or absent on a particular site. An approved JD precisely identifies the limits of those waters on the project site determined to be jurisdictional under the CWA or RHA. If you wish, you may request