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• • iii iiiiiiiiiiiii iii 999 DEPARTMENT OF THE ARMY CORPS OF ENGINEBRS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 S. PLATTE CANYON ROAD LITTLETON, COLORADO 80128-6901 April 18, 2001 Ms Danna Ortiz Rocky Mountain Consultants, Inc. Premiere bBuilding 825 Delaware Ave., Suite 500 Longmont, CO 80501 RE: Approved Jurisdictional Determination, Aggregate Iudustries, Fredstrom Property Corps File No. 200180192 Dear Ms. Ortiz: Reference is made to the above-mentioned project on behalf of the applicant, Aggregate Industries. This project is located in the SE'/, of Section 36, Township 3 North, Range 70 West; SW '/, of Section 31, Township 3 North, Range 69 West; NW '/, of Section 6, Township 2 North, Range 69 West; and the NE '/< of Section 1, Township 2 North, Range 70 West, all in Boulder 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 activities associated with a dredged and fill project, into waters of the United States. Waters of the United States include ephemeral, intermittent and perennial streams, their surface connected wetlands and adjacent wetlands and certain lakes, ponds and irrigation ditches that have a nexus to mterstate commerce. This letter is to inform you that our office considers the wetland delineation map and report dated June 2, 2000 accurate and acceptable. Based upon the ruling by the Supreme Court in the matter of Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, No. 99-1178 (January 9, 2001), the Department of the Army's regulatory jurisdiction over isolated, non-navigable, intrastate waters has been eliminated if the sole nexus to interstate commerce was use of the waters by migratory birds. Isolated wetlands aze not covered in Section 404 of the Clean Water Act. Wetlands that are surface connected or adjacent to a river/tributary aze waters of the United States. Bed and bank areas (Other Waters) that connect to a larger river system aze also waters of the United States. If a proposed activity requires work within the above-described waters of the United States, [his office should be notified by a proponent of the project for proper Department of the Army permits. If the applicant wishes to appeal this approved jurisdictional determination the attached Notification of Administrative Appeal Options form should be completed and sent to this office. This wetlands jurisdictional delineation is valid for a period of five years from the date of this letter unless new information warrants revision of the delineation before the expiration date.