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DRY LAND APPROVED JURISDICTIONAL DETERMINATION FORM' U.S.Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION(JD): May 3,2019 B. DISTRICT OFFICE,FILE NAME,AND NUMBER: Omaha District-Denver Regulatory Office,Topsoil Mine(Arnold Pit No.l),Corps File No.NWO-2019-0051.5-DEN C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:Colorado County/parish/borough:Weld County City: Center coordinates of site(lat/long in degree decimal format): Lat.40.102110°,Long. 104.409300° Universal Transverse Mercator:'Lone 13T,5036.95,39257.7N Name of nearest waterbody:Sand Creek Name of watershed or Hydrologic Unit Code(HUC):10190003 Check if map/diagram of review area is available upon request. Check if other sites(e.g.,offsite mitigation sites,disposal sites,etc...)are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY): 7 Office(Desk)Determination. Date: May 3,2019 17 Field Determination. Date(s): April 24,2019 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are no"navigable waters of the U.S."within Rivers and Harbors Act(RHA)jurisdiction(as defined by 33 CFR part 329)in the review area. B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are no"waters of the U.S."within Clean Water Act(CWA)jurisdiction(as defined by 33 CFR part 328)in the review area. SECTION III: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD(check all that apply-checked items shall be included in case file and,where checked and requested,appropriately reference sources below): J�—] Maps,plans,plots or plat submitted by or on behalf of the applicant/consultant;Received 25 March 2019 [ Data sheets prepared/submitted by or on behalf of the applicant/consultant. [ Office concurs with data sheets/delineation report. [ Office does not concur with data sheets/delineation report. �[ Data sheets prepared by the Corps: 171 II S Geological Survey Hydrologic Atlas• [ USGS NHD data jr[ USGS 8 and 12 digit RUC maps. [ U.S.Geological Survey map(s).Cite scale&quad name: 1950 Photorevised 1978,Prospect Valley,Colorado 1:24000 �[ USDA Natural Resources Conservation Service Soil Survey.Citation: '[ National wetlands inventory map(s). Cite name: [ State/Local wetland inventory map(s): FEMA/FIRM maps: '[ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) [ Photographs: r�—[ Aerial(Name&Date):Google Earth 14 June 2016 `[ or r"] Other(Name&Date): [ Previous determination(s). File no.and date of response letter: [ Applicable/supporting case law: Applicable/supporLing scientific literature: J7! Other information(please specify):Figure 2:Aerial View I May 2019 B. REQUIRED ADDITIONAL COMMENTS TO SUPPORT JD. EXPLAIN RATIONALE FOR DETERMINATION THAT THE REVIEW AREA ONLY INCLUDES DRY LAND: The project site is an agricultural field in the uplands. During the site visit,the western field was bare and the eastern field was seeded with western wheatgrass.There are no aquatic resources within the approximate 159-acre project site. I This form is for use only in recording approved JDs involving dry land.It extracts the relevant elements of the longer approved JD form in use since 2007 for aquatic areas and adds no new fields.