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HomeMy WebLinkAboutEAST RIDGE - PDP - 33-98D - SUBMITTAL DOCUMENTS - ROUND 1 - WETLANDS DOCUMENTS (3)■ LILEY, ROGERS & MARTELL, LLC • ATTORNEYS AT L A W September 30, 2004 Doug Moore Environmental Planner Natural Resources Department 281 North College Avenue Fort Collins, CO 80521 Re: East Ridge/Wetlands Jurisdictional Determination Dear Doug: East Ridge of Fort Collins, LLC ("East Ridge"), owner of the 152-acre tract of land subject to the East Ridge ODP and PDP (the "Property"), has submitted its wetlands delineation report and map for the Property to the U.S. Corps of Engineers for evaluation. Based upon its submittal, the Corps' Natural Resource Specialist, Terry McKee, issued a Jurisdictional Determination dated November 5, 2003 which concluded: (i) that the delineation report and map submitted were accurate and acceptable; (ii) that the isolated wetland on the Property is "non - jurisdictional"; and (iii) that a Department of Army permit will not be required for work in the isolated wetland. A copy of the Corps' Jurisdictional Determination is attached. The Corps of Engineers has advised that it will not conduct any further review of the isolated wetland on the Property without a request by the owner of the Property (which has not and will not be made) and thus its November 5, 2003 Jurisdictional Determination is final. Accordingly, East Ridge intends to proceed with its development of the Property based on the determination by the Corps that the wetland is non jurisdictional. If the Natural Resources Department does not concur with East Ridge proceeding in that manner, please advise us immediately and provide us with the basis for your position. Thank you. Sincerely, LILEY, ROGERS & MARTELL, LLC LAL/ink Enclosure pc: John Stokes, Natural Resources Department Director East Ridge of Fort Collins, LLC LUCIA A. LILEY • JAMES A. MARTELL O TODD W. ROGERS THE PETER ANDERSON HOUSE • 300 SOUTH HOWES STREET • FORT COLLINS, COLORADO 80521 TELEPHONE: (970) 221-4455 • FAX: (970) 221-4242 .09/20/04 08:25 FAX 970 889 8299 Progressive Living @002 DEPARTMENT OF THE ARMY CORPS OF Wq=EERS, OMAHA DISTRICT DENVBR REGULATORY OFF= 9307 SOUrH WADSWORTH BOULEVARD Ln1iETON, COLORADO 80128-6901 November 5, 2003 Mr. Terry aviselman Water Quality Technology, Ito. , opera ('ialleria 123 N. College Avenue, Suite 215 Fort Collins, CO 80524 RE: Preliminary Jurisdiedonal Determination, East Ridge L.L.C., Isolated Wetlands Corps PHe No. 200380619 Dear Mr. Geiselman: I have reviewed this property located in the NE Y4 of Section 8, T7N, R68W, Larimer County, Colorado on behalf East Ridge L.L.C. This review was 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, irrigation and drainage ditches that have a nexus to interstate commerce. Based upon the ruling by the Supreme Courtin tho matter of Cnlid Waste Agency of N_nrt� Conk reminly v TT R Am= C=i; of 13nP'n_em-m No. 99-1178 (January 9, 2001), the Department of the Atmy's regulatory authority over isolated, non navigable, intrastate waters has been eliminated if the sole nexus to interstate commerce was use of the waters by migratory birds. Under the authority of the Clean Water Act, a preliminary Jurisdictional Dctermination has determined that the non jurisdictional isolated wetlands in your report are not waters of the U.S, In that regard a Department of the Army permit will not be required for any work in the isolated wetlands at this site. Our office consider, your wetlands delineation report and map for this project accurate and acceptable. ' Although a Department of the Army permit will not be required for work at this site, this does not eliminate the requirements that od= applicable federal, state, tribal, and local permits are obtained if needed. rfyou have any questions conocming this matter, please call me at (303) 979-4120 and reference Corps File No. 200380619. Sincerely, Terry McKee Natural Resoarce Specialist tin Copies Furnished: EPA