HomeMy WebLinkAboutCorrespondence - 11/12/20251
kristin@tbgroup.us
From:kristin@tbgroup.us
Sent:Wednesday, November 12, 2025 6:57 AM
To:kristin@tbgroup.us
Subject:FW: Fw: Regulation 87 Approved Jurisdictional Determination
Kristin Turner
Managing Partner
TB | Group
landscape architecture | planning
Serving: Colorado, New Mexico & Wyoming
Please note – I will be out of the oice Monday November 24th, returning Monday December 1st.
444 Mountain Avenue
Berthoud, Colorado 80513
970.532.5891 x105
Kristin@TBGroup.us
www.TBGroup.us
From: Matt Tobler <matt@bluemountainenvironmental.com>
Sent: Tuesday, November 11, 2025 11:03 PM
To: kristin@tbgroup.us; Jim Righeimer <jim@rfcomsites.com>
Subject: Fw: Fw: Regulation 87 Approved Jurisdictional Determination
Folks,
Please see the below correspondence from the CDPHE regarding Willox. Looks like you are all
set. Please let me know if you have questions.
Matt
Matt Tobler, MS, CF, CE, WMS
Natural Resource Specialist, Owner
Blue Mountain Environmental Consulting, LLC
(970) 224-0851
937 Mallard Drive | Ft. Collins, CO 80521
bluemountainenvironmental.com | LinkedIn | Facebook
From: DF_WQCD - CDPHE , CDPHE_ <cdphe_df_wqcd@state.co.us>
Sent: Tuesday, November 11, 2025 1:05 PM
To: Matt Tobler <matt@bluemountainenvironmental.com>
Subject: Re: Fw: Regulation 87 Approved Jurisdictional Determination
Hi Matt,
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Thank you for providing information about the project site and evidence to support Blue Mountain Environmental
Consulting’s claim that an exclusion applies.
Blue Mountain has requested written confirmation from the division that the project activity and/or water feature(s) on site
qualify for exemptions and exclusions found in Colorado Revised Statutes 25-8-205.1(2)(8). Activities that qualify as
exempt per 25-8-205.1(2)(8)(b) and water features found to be excluded per 25-8-205.1(2)(8)(d) are not required to obtain
authorization for dredge and fill activities. Specifically, Blue Mountain is seeking confirmation that:
The channel receiving stormwater from the Willox Farms residential development project qualifies for exclusion 25-8-
205.1(2)(8)(d)(IX) Swales and erosional features ...that do not contain wetlands or an ordinary high watermark.
The division concurs that the feature into which stormwater will flow qualifies for exclusion 25-8-205.1(2)(8)(d)(IX).
Based on the information provided, the division has determined that a dredge/fill authorization is not required for impacts
to the excluded water feature. If the scope of the project changes, the division may re-evaluate this determination.
Thank you,
Michaela
--
Dredge and Fill Protection Unit
Water Quality Control Division
Colorado Department of Public Health and Environment
Scott Garncarz : 720.263.1896
Michaela Snow : 303.691.4072
cdphe_df_wqcd@state.co.us
4300 Cherry Creek Drive South, Denver, CO 80246-1530
www.colorado.gov/cdphe/wqcd | cdphe.colorado.gov/dredge-and-fill
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