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2006-10-05 Wetlands Fill Permit!~ DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS 190 FIFTH STREET EAST ST. PAUL, MN 55101-1638 REPLY TO ~ ATTENTION OF Operations October 5, 2006 Regulatory (2006-5504-DJS) Mr. Larry Kruse City of Albertville 5975 Main Avenue NE P.O. Box 9 Albertville, Minnesota 55301-0009 Dear Mr. Kruse: We have reviewed information about a permit application of the City of Albertville to discharge fill material into 6,329 square feet of wetlands adjacent to a tributary to the Crow River, for the purpose of grading and construction of streets/utilities associated with the Barthel's Industrial Park expansion. Mitigation for the 6,329 square feet of wetland impact will be provided on-site by creating 7,766 square feet of new wetland and 21,731 square feet of public value credit. The project site is in SW 1/4 SE 1/4 Sec. 6/1, T. 120N., R. 23/24W., Wright County, Minnesota. Department of the Army Regional General Permit-03-MN (RGP-03-MN) provides authorization under section 404 of the Clean Water Act for certain categories of activities involving the discharge of dredged or fill material into waters of the U.S. We have determined that the described work is authorized by (RGP-03-MN), provided the attached Standard Conditions are followed. This determination covers only the project as described above. If the design, location, or purpose of the project is changed, our office should be contacted to make sure the work would not result in a violation of Federal law. If your project will require off-site fill material that is not obtained from a licensed commercial facility, you must notify us at least five working days before start of work. A cultural resources survey may be required if a licensed commercial facility is not used. This General Permit is valid until August 2, 2011, unless modified, reissued, or revoked. The time limit for completing the work described above ends on that day, OR two years from the date of this letter, whichever occurs later. It is the permittee's responsibility to remain informed of changes to the General Permit program. If this authorized work is not undertaken within the above time period, or the project specifications have changed, our office must be contacted to determine the need for further approval or re-verification. It is the permittee's responsibility to ensure that the work complies with the terms of this letter and any enclosures, AND THAT ALL REQUIRED STATE AND LOCAL PERMITS AND APPROVALS ARE OBTAINED BEFORE WORK PROCEEDS. Operations _ 2 _ Regulatory (2006-5504-DJS) If you disagree with the enclosed jurisdictional determination, you may provide new information. Please follow the directions in Section D of the enclosed Notification of Administrative Appeal Options and Process and Request for Appeal. The June 19, 2006, joint U.S. Supreme Court decision on Rapanos vs. U.S. and Carabell vs. Corps of Engineers addresses the scope of Clean Water Act jurisdiction over certain waters of the United States, including wetlands. If you believe this decision may affect the extent of our jurisdiction over aquatic areas impacted by your project or the compensatory mitigation requirements of your permit, you may exercise the following option. You may ask for a delay in the issuance of the permit until the St. Paul District receives substantive guidance from our headquarters regarding any possible impacts of the court decision. That guidance might require us to re-evaluate our jurisdiction and our permit conditions, including extent of compensatory mitigation. Otherwise, you can accept [and sign] this permit now with its existing terms and conditions and proceed with your project. The decision regarding this action is based on information found in the administrative record, which documents the District's decision-making process, the basis for the decision, and the final decision. If you have any questions, contact Dan Seemon in our St. Paul office at (651) 290-5380. In any correspondence or inquiries, please refer to the Regulatory number shown above. Sincerely, Chief, Regulatory Branch Copy furnished: Colleen Allen, Wright County SWCD ~~;., ~~~ ~p't/' Robert J. Whiting NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST' FOR APPEAL Applicant: City of Albertville File Number 2006-5504-DJS Date: 10/5/2006 Attached is: MN-GP-3 See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A PROFFERED PERMIT (Standard Permit or Letter of Permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://usace.army.mil/inet/functions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331. A. INITIAL PROFERRED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approve jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B. PROFFERED PERMIT: You may accept or appeal the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTION OR INFORMATION If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you appeal process you may contact: may also contact: Dan Seemon Division Engineer U. S. Army Corps of Engineers, Regulatory Branch Appeal Review Office St. Paul District CEMVD 190 5~' Street East P. O. Box 80 St. Paul, MN 55101-1638 Vicksburg, MS 39181-0080 Telephone (651) 290-5380 Telephone (601) 634-5821 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. RGP-03-MN STANDARD CONDITIONS All RGP-03-MN authorizations are subject to the following standard conditions, as applicable. These conditions must be satisfied for any RGP authorization to be valid: i. Mitigation/Sequencing. Discharges of dredged or fill material into waters of the United States must be avoided and minimized to the maximum extent practicable. 2. Suitable fill material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). All fill (including riprap) authorized under this permit, must consist of suitable material free from toxic pollutants in other than trace quantities. In addition, rock or fill material used for activities dependent upon this permit and obtained by excavation must either be obtained from existing quarries or, if a new borrow site is opened up to obtain fill material, St. Paul District must be notified prior to the use of the new site to determine whether a cultural survey of the site is necessary. 3. Proper maintenance. Any structure or fill authorized shall be properly maintained, including maintenance, to ensure public safety. 4. Erosion and siltation controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark, must be permanently stabilized at the earliest practicable date. Work should be done in accordance with state-approved, published practices, such as defined in Minnesota Pollution Control Agency Document, PROTECTING WATER QUALITY IN URBAN AREAS -BEST MANAGEMENT PRACTICES FOR MINNESOTA. Upon completion of earthwork operations, all exposed slopes, fills, and disturbed areas must be given sufficient protection by appropriate means such as landscaping, or planting and maintaining vegetative cover, to prevent subsequent erosion. Cofferdams shall be constructed and maintained so as to prevent erosion into the water. If earthen material is used for cofferdam construction, sheet piling, riprap or a synthetic cover must be used to prevent dam erosion. 5. Removal of temporary fills. Temporary fills are allowed to remain in place for up to three months. Upon request the District Engineer may extend this period allowing temporary fills to remain in place for up to a total of 180 days, where appropriate. At the end of the specified timeframe, temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 6. General Information-Information about Federal Endangered species may be obtained by contacting the U. S. Fish and Wildlife Service at (612) 725-3548. The District's web page (www.mvp.usace.army.mil/regulatory/) will also contain a link to the U.S. Fish and Wildlife Service. Information concerning cultural resources may be obtained by contacting the State Historic Preservation Office at (651) 296-5462. Project proponents are encouraged to contact these agencies early in project planning because doing so can help avoid violations of Federal law and potentially lengthy permitting delays. Persons performing work should be aware that Federal or state regulations concerning endangered species and cultural resources may apply to their projects whether or not the work requires a Corps permit. If referenced web sites are unavailable or the necessary information is not available on the referenced web site, the Corps contact for your county can be found on our web site referenced above, or you may call 651-290-5375. 7.Other permit requirements. No Corps RGP-03-MN authorization eliminates the need for other local, state or Federal authorizations, including but not limited to National Pollutant Discharge Elimination System (NPDES) or State Disposal System (SDS) permits from the Minnesota Pollution Control Agency, public waters work permits from the Minnesota Department of Natural Resources, or Wetland Conservation Act authorizations from the applicable local governmental unit. 8. Historic properties, (cultural resources). No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the DE has complied with the provisions of 33 CFR part 325 Appendix C. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places. 9. Cultural resources. If cultural, archaeological, or historical resources are unearthed during activities authorized by this permit, work must be stopped immediately and the State Historic Preservation Officer must be contacted for further instruction. 10. If you discover any previously unknown historic or archaeological remains while accomplishing the authorized activity you must immediately stop work and notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 11. Spawning areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 12.Obstruction of high flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). 13. Adverse effects from impoundments. If the discharge creates an impoundment of water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. 14. Waterfowl breeding areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable Page 1 of 3 15. Navigation. No activity may cause more than a minimal adverse effect on navigation 16. Aquatic life movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the water body, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. 17. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 18. Tribal rights. No activity or its operation may impinge or abrogate reserved treaty rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 19. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency with direct management responsibility for such river has determined that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service.) 20. Water quality standards. All work or discharges to a watercourse resulting from permitted construction activities, particularly hydraulic dredging, must meet applicable Federal, State, and local water quality and efFluent standards on a continuing basis. 21. Preventive measures. Measures must be adopted to prevent potential pollutants from entering the watercourse. Construction materials and debris, including fuels, oil, and other liquid substances, will not be stored in the construction area in a manner that would allow them to enter the watercourse as a result of spillage, natural runoff, or flooding. 22. Spill contingency plan. A contingency plan must be formulated that would be effective in the event of a spill. This requirement is particularly applicable in operations involving the handling of petroleum products. If a spill of any potential pollutant should occur, it is the responsibility of the permittee to remove such material, to minimize any contamination resulting from this spill, and to immediately notify the State Duty Officer at 1-800- 422-0798 and the U.S. Coast Guard at telephone number (1-800) 424-8802. 23. Disposal sites. If dredged or excavated material is placed on an upland disposal sight (above the ordinary high-water mark), the site must be securely diked or contained by some other acceptable method that prevents the return of potentially polluting materials to the watercourse by surface runoff or by leaching. The containment area, whether bulkhead or upland disposal sight, must be fully completed prior to the placement of any dredged material. 24. Water intakes/activities, No activity, including structures and work in waters of the U.S. or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. 25. Endangered Species. a. No activity is authorized which is likely to adversely affect a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-federal permittees shall notify the District if any listed species or critical habitat might be affected or is in the vicinity of the project, and shall not begin work on the activity until notified by the District that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. b. Authorization of an activity under RGP-03-MN does not authorize the take of a threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with incidental take provisions, etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non-lethal takes of protected species are in violation of the Endangered Species Act. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries Service or their World Wide Web pages on the Internet. c. If it becomes apparent that a federally listed endangered plant or animal species will be affected by work authorized by this permit, work must be stopped immediately and the St. Paul District of the Corps of Engineers must be contacted for further instruction. 26 :Known Populations of Federally Listed Threatened and Endangered species. Information on known populations of Federally listed species and their designated critical habitat is available on our web site and from the Twin Cities Field Office of the U.S.F.W.S. See standard condition 6 or contact information. 27. The time limit for completing work authorized by RGP-03-MN ends upon the expiration date of RGP-03-MN. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least three months before the expiration date is reached.- 28. You must maintain the authorized activity in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. Page 2 of 3 29. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of RGP-03-MN. 30. State Section 401 Water quality Certification. The Minnesota Pollution Control Agency has waived Section 401 certification for RGP-03-MN. 31. Coastal Zone Management consistency determination. The State of Minnesota has determined that GP-03-MN is consistent with the Minnesota CZM program. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). 2. Limits of this authorization. a. RGP-03-MN does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. RGP-03-MN does not grant any property rights or exclusive privileges. c. RGP-03-MN does not authorize any injury to the property or rights of others. d. RGP-03-MN does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In authorizing work, the Federal Government does not assume any liability, including but not limited to the following: a. Damages to the permitted project or uses thereof as a result of other permitted or un-permitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, properly, or to other permitted or un-permitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that a proponent's project is authorized by RGP-03 will be made in reliance on the information provided by the applicant. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. 6ctensions. Standard condition 27 above, establishes a time limit for the completion of the activity authorized by this general permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. This permit becomes effective upon the issuance date specified after the Federal official, designated to act for the Secretary of the Army, has signed below. This general permit remains in effect for five years unless it is other wise modified, suspended, or revoked. Page 3 of 3 JURISDICTIONAL DETERMINATION Revised 8/13/04 U.S. Army Corps of Engineers DISTRICT OFFICE: St. Paul District FILE NUMBER: 2000)-5504-DJS PROJECT LOCATION INFORMATION: State: Minnesota county: Wright Center coordinates of site (latitude/longitude): Sec. 6/l, T. 120N., R. 23/24 Approximate size of area (parcel) reviewed, including uplands: 5 acres. Name of nearest waterway: Crow R1Ver Name of watershed: CTOW R1Ver JURISDICTIONAL DETERMINATION Completed: Desktop determination ~ Date: 10/4/2006 Site visit(s) ^ Date(s): Jurisdictional Determination (JD): Preliminary JD -Based on available information,^ there appear to be (or) ^ there appear to be no "waters of the United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331). Approved JD - An approved JD is an appealable action (Reference 33 CFR part 331). Check all that apply: ^There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: 6,329 square feet ^There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area. ^Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction. BASIS OF JURISDICTIONAL DETERMINATION: A. Waters defined under 33 CFR part 329 as "navigable waters of the United States": The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States": ^ (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide. ^ (2) The presence of interstate waters including interstate wetlandsl. ^ (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate commerce including any such waters (check all that apply): ^ (i) which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ^ (iii) which are or could be used for industrial purposes by industries in interstate commerce. ^ (4) Impoundments of waters otherwise defined as waters of the US. (5) The presence of a tributary to a water identified in (1) - (4) above. ^ (6) The presence of territorial seas. ® (7) The presence of wetlands adjacentz to other waters of the US, except for those wetlands adjacent to other wetlands. Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or wetland is not itself a navigable water of the United States, describe connection(s) to the downstream navigable waters. If B(1) or B(3) is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i. e., discuss site conditions, including why the waterbody is navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). If B(2, 4, 5 or 6) is used as the Basis of Jurisdiction, document the rationale used to make the determination. IfB(7) is used as the Basis of Jurisdiction, document the rationale used to make adjacency determination: The Wetlands are part Of a flOWing tributary system that flows to the Crow River, which flows to the Mississippi River, a navigable water of the U.S. FILE NUMBER: ZOOE)-SSO4-DJS Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329) Ordinary High Water Mark indicated by: ^ High Tide Line indicated by: ^ clear, natural line impressed on the bank ^ oil or scum line along shore objects ^ the presence of litter and debris ^ fine shell or debris deposits (foreshore) ^ changes in the character of soil ^ physical markings/characteristics ^ destruction of terrestrial vegetation ^ tidal gages ^ shelving ^ other: ^ other: Mean High Water Mark indicated by: ^survey to available datum; ^physical markings; ^ vegetation lines/changes in vegetation types. ^Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: Basis For Not Asserting Jurisdiction: ^The reviewed area consists entirely of uplands. ^Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7). ^}Ieadquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3). ^ The Corps has made acase-specific determination that the following waters present on the site are not Waters of the United States: ^ Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3. ^ Artificially irrigated areas, which would revert to upland if the irrigation ceased. ^ Artificial lakes and ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing. ^ Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. ^ Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(a). ^ Isolated, intrastate wetland with no nexus to interstate commerce. ^ Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale: ^ Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale: ^ Other (explain): DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply): '~{ Maps, plans, plots or plat submitted by or on behalf of the applicant. ~] Data sheets prepared/submitted by or on behalf of the applicant. ^ This office concurs with the delineation report, dated ,prepared by (company): ^ This office does not concur with the delineation report, dated prepared by (company): ^ Data sheets prepared by the Corps. ^ Corps' navigable waters' studies: ^ U.S. Geological Survey Hydrologic Atlas: U.S. Geological Survey 7.5 Minute Topographic maps: ^ U.S. Geological Survey 7.5 Minute Historic quadrangles: ^ U.S. Geological Survey 15 Minute Historic quadrangles: ® USDA Natural Resources Conservation Service Soil Survey: National wetlands inventory maps: ^ State/Local wetland inventory maps: ^ FEMA/FIRM maps (Map Name & Date): ^ 100-year Floodplain Elevation is: (NGVD) ^ Aerial Photographs (Name & Date): ^ Other photographs (Date): ^ Advanced Identification Wetland maps: ^ Site visit/determination conducted on: ^ Applicable/supporting case law: ^ Other information (please specify): et an s are i enh ie an e meate using a me s an crrtena est is e m e ores et a meaUon anua anu i.e., occurrence of hydrophytic vegetatioq hydric soils and wetland hydrology). ZThe term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent.