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DEPARTMENT OF THE ARMY <br />CORPS OF ENGMEERS, OMAHA DISTRICT <br />DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD <br />LITTLETON, COLORADO 80128-6901 <br />September 3, 2003 <br />Ms. Suzanne Janzen <br />Lafarge North America Inc. <br />1400 West 64`" Avenue <br />Denver, CO 80221 <br />12E: Preliminary Jurisdictional Determination, Duckworth Property, Jurisdictional Wetland <br />Area IC-IA (Idaho Creek Wetland) -Non-jurisdictional Wetland Areas IC-1$ IG1C, <br />SE-1 and 1, 2, 3 and 4 <br />Corps File No. 200380502 <br />Dear Ms. Janzen: <br />C~, <br />~.c `tt` <br />I have reviewed this project located in the NE '/< of Section 16, T2N, R68W, Weld County, <br />Colorado on behalf of Lafarge North America Inc. This review was in accordance with Section'404 of <br />the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged <br />and fill material, and any excavation activities associated with a dredged and fill project, into waters of <br />the United States. Waters of the United States include ephemeral, intermittent and perennial streams, <br />their surface connected wetlands and adjacent wetlands and certain lakes, ponds, imgation and drainage <br />ditches that have a nexus to interstate commerce. Under the authority of the Clean Water Act, a <br />preliminary Jurisdictional Determination has determined that wetland area IC-1 A (Idaho Creek Wetland) <br />may be waters of the U.S. <br />If a proposed activity requires work within the above-described waters of the U.S., a proponent <br />of the project should notify this office for proper Department of the Army permits. This jurisdictional <br />delineation is valid for a period of five years from the date of this letter unless new information warrants <br />revision of the determination before the expiration date. <br />Based upon the ruling by the Supreme Court in the matter cf Scl:d Waste Agcy of*:nrttierr: <br />('onk ('rnmty, v. T i C Army Cnmc of Fng;neerc, No. 99-1178 (January 9, 2001), the Department of the <br />.Army's (DA) regulatory authority over isolated, non-navigable, intrastate waters has been eliminated if <br />the sole nexus to interstate commerce was use of the waters by migratory birds. It is apparent under the <br />ruling above that the DA does not have the authority to regulate work in wetlands 1, 2, 3 and 4. These <br />wetlands are not waters of the U.S. and therefore non-jurisdictional. No permit or other authorization by <br />the DA is required for work in these wetlands. <br />Wetland area SE-1 does not flow to an interstate water. The wetlands at IC-1B and IC-1C site <br />were created by man-induced irrigation and would revert to uplands if the irrigation activity were to be <br />cut off. In that regard, these wetlands are not waters of the U.S. pursuant to Section 404 of the Clean <br />Water Act. A Department of the Army Permit will not be required for any work in these wetlands. <br />Permit # Confidental?: <br />Class: /1' Typeep.: <br />From: n 0 tt o: ~,rOtQ- , <br />Doc. Nam2: ~p{t lylrY,y <br />Doc. Date (if no date stamp <br />