HomeMy WebLinkAboutHARMONY RIDGE PUD, PHASE 2 (2ND FILING) - PRELIMINARY / FINAL - 49-95D - CORRESPONDENCE - WETLANDS DOCUMENTS (5)A
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, OMAHA DISTRICT
DENVER REGULATORY OFFICE, 9307 S. PLATTE CANYON ROAD
LITTLETON, COLORADO 80128-6901
March 14, 2001
Mr. Terry Geiselman
Water Quality Technology, Inc.
Opera Galleria
123 N. College Avenue, Suite 215
Fort Collins, Colorado 80524
I
RE: Isolated Wetlands Concurrence, Harmony Ridge PUD-Phase II -- —' -
Corps File No. 200080042
Dear Mr. Geiselman:
We have reviewed your request for a Department of the Army (DA) jurisdictional determination for the'
above -mentioned property located in the NW '/4 of Section 3, Township 6 North, Range 69 West, Latimer
County, Colorado.
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 DA'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. It is apparent under the ruling above that the DA does not have the authority to
regulate work at the Harmony Ridge PUD-Phase II project. Therefore, no permit or other authorization by the�b
DA is required for work on this project.
Although a DA permit will not be required for the project, this does not eliminate the requirement that
you obtain. any other applicable Federal, state, tribal or local permits as required. Please note that deviations from
the original plans and specifications of your project could require other, authorizations from this office.
If you have any questions concerning this verification, please call Mr. Terry McKee at (303) 979-4120
and reference File No. 200080042.
Sincerely,
Tint`} T. Vm_e
Chief, Denver Re Office
tm