2019-11-27_PERMIT FILE - M2019058 (23)

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G-19 SECTION Ill: SUMMARY OF FINDINGS Complete Spreadsheet Tab"Aquatic Resources"—Required for All AJDs A, RIVERS AND HARBORS ACT(RHA)SECTION 10 DETERMINATION OF JURISDICTION: "navigable waters of the U.S."within RHA jurisdiction(as defined by 33 CFR part 329)in the review area_ • List water(s)and areallength within review area—Required: NOTE:If the navigable water is not subject to the ebb and flow of the tide or included on the Districts list of Section 10 navigable waters list, DO NOT USE THIS FORM TO MAKE THE DETERMINATION.The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Section 10 RHA navigability determination. B. CLEAN WATER ACT(CWA)SECTION 404 DETERMINATION OF JURISDICTION:"waters of the U.S."within CWA jurisdiction (as defined by 33 CFR part 328.3) in the review area.Check all that apply. ❑ (a)(1):All waters which are currently used,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. (Traditional Navigable Waters or TNW). • Complete Spreadsheet Tab"(a)(1)"-Required El This JD includes a case-specific(a)(1)TNW(Section 404 navigable-in-fact)determination on a water that has not previously been designated as such. Documentation required for this case-specific(a)(1)TNW determination is attached. ❑ (a)(2):All interstate waters, including interstate wetlands. • Complete Spreadsheet Tab"(a)(2)"-Required ❑ (a)(3): The territorial seas. • Complete Spreadsheet Tab"(a)(3)"-Required ❑ (a)(4):All impoundments of waters otherwise identified as waters of the U.S. under 33 CFR part 328.3. • Complete Spreadsheet Tab"(a)(4)"-Required ❑ (a)(5):All tributaries, as defined in 33 CFR part 328.3, of waters identified in paragraphs(a)(1)-(a)(3)of 33 CFR part 328.3.' • Complete Spreadsheet Tab"(a)(5)"-Required ❑ (a)(6):All waters adjacent to a water identified in paragraphs(a)(1)-(a)(5)of 33 CFR part 328.3, including wetlands, ponds, lakes, oxbows, impoundments, and similar waters. • Complete Spreadsheet Tab"(a)(6)"-Required ElBordering/Contiguous. Neighboring: ❑ (c)(2)(i):All waters located within 100 feet of the ordinary high watermark(OHWM) of a water identified in paragraphs(a)(1)-(a)(5)of 33 CFR part 328.3. ❑ (c)(2)(ii):All waters located within the 100-year floodplain of a water identified in paragraphs(a)(1)-(a)(5)of 33 CFR part 328.3 and not more than 1,500 feet of the OHWM of such water. ❑ (c)(2)(iii):All waters located within 1,500 feet of the high tide line of a water identified in paragraphs(a)(1)or (a)(3)of 33 CFR part 328.3,and all waters within 1,500 feet of the OHWM of the Great Lakes. ❑ (a)(7):Ali waters identified in 33 CFR 328.3(a)(7)(i)-(v)where they are determined, on a case-specific basis,to have a significant nexus to a water identified in paragraphs(a)(1)-(a)(3)of 33 CFR part 328.3. • Complete Spreadsheet Tab"(a)(7)"for the significant nexus determination.Attach a map delineating the SPOE watershed boundary with (a)(7)waters identified in the similarly situated analysis.—Required ❑ includes water(s)that are geographically and physically adjacent per(a)(6), but are being used for established, normal farming, silviculture, and ranching activities(33 USC Section 1344(f)(1))and therefore are not adjacent and require a case-specific significant nexus analysis. ❑ (a)(8):All waters located within the 100-year floodplain of a water identified in paragraphs(a)(1)-(a)(3)of 33 CFR part 328.3 not covered by(c)(2)(ii)above and all waters located within 4,000 feet of the high tide line or OHWM of a water identified in paragraphs(a)(1)-(a)(5)of 33 CFR part 328.3 where they are determined on a case-specific basis to have a significant nexus to a water identified in paragraphs(a)(1)-(a)(3)of 33 CFR part 328.3. • Complete Spreadsheet Tab"(a)(8)"for the significant nexus determination.Attach a map delineating the SPOE watershed boundary with(a)(8)waters identified in the similarly situated analysis.—Required ❑ Includes water(s)that are geographically and physically adjacent per(a)(6), but are being used for established, normal farming, silviculture, and ranching activities(33 USC Section 1344(9(1)) and therefore are not adjacent and require a case-specific significant nexus analysis. Keenesburg No. 2 Mine-112 Reclamation Operation—November 22, 2019