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DEPARTMENT OF THE ARMY <br />CORPS OF ENGWEERS, OMAHA DISTRICT <br />DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD <br />LITTLETON, COLORADO 80128-6901 <br />Mr. Carl Mount <br />Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />February 24, 2004 <br />R~~;~~~~~ e/ <br />FE8 2 6 2004 <br />Division of Minarals and Geology <br />RE: Asphalt Specialties Co., Inc., Turnpike Mining Resource, File No. M-2004-009 <br />Corps File No. 200380684 <br />Dear Mr. Mount: <br />I have reviewed this project located in the West % of Section 31, T2N, R68W, Weld County, <br />Colorado on behalf Asphalt Specialties Co. This review was in accordance with Section 404 of the <br />Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and <br />fill material, and any excavation activities associated with a dredged and fill project, into waters of the <br />United States. Waters of the United States include ephemeral, intermittent and perennial streams, their <br />surface connected wetlands and adjacent wetlands and certain lakes, ponds, irrigation and drainage <br />ditches that have a nexus to interstate commerce. <br />Based upon the ruling by the Supreme Court in the matter of Solid Watee Agenc~r of Northern <br />('nnk CnnntTV 1 i C Arn,~ ('nmc of F„gin~erc, No. 99-1178 (January 9, 2001), the Department of the <br />Army's regulatory authority over isolated, non-navigable, intrastate waters has been eliminated if the sole <br />nexus to interstate commerce was use of the waters by migratory birds. Under the authority of the Clean <br />Water Act, a preliminary Jurisdictional Determination has determined that the non jurisdictional isolated <br />wetlands and the Gooding, Daley and Plumb Irrigation Ditch in your report are not waters of the U.S. In <br />that regard a Department of the Army permit will not be required for any work in the isolated wetlands or <br />Gooding, Dailey and Plum Ditch at this site. Our office considers your wetlands delineation report and <br />map for this project accurate and acceptable. <br />Although a Department of the Army permit will not be required for work at this site, this does <br />not eliminate the requirements that other applicable federal, state, tribal, and local permits are obtained if <br />needed. If you have any questions, please call me at (303) 979-4120 and reference Corps File No. <br />200380684. <br />Sincerely, <br />~~ rnG<<~ <br />Terry McKee <br />Natural Resource Specialist <br />zoo3sovxa <br />