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

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G-20 C. NON-WATERS OF THE U.S. FINDINGS: Check ali that apply. ❑The review area is comprised entirely of dry land. ❑ Potential-(a)(7)Waters:Waters that DO NOT have a significant nexus to a water identified in paragraphs(a)(1)- (a)(3)of 33 CFR part 328.3. . Complete Spreadsheet Tab"NonWaters-No SigNex". Attach a map delineating the SPOE watershed boundary with potential(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. ❑ Potential-(a)(8)Waters:Waters that DO NOT have a significant nexus to a water identified in paragraphs(a)(1)- (a)(3) of 33 CFR part 328.3. • Complete Spreadsheet Tab"NonWaters-No SigNex". Attach a map delineating the SPOE watershed boundary with potential(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(f)(1))and therefore are not adjacent and require a case-specific significant nexus analysis. ❑Excluded Waters(Non-Waters of U.S.),even where they otherwise meet the terms of paragraphs(a)(4)-(a)(8): • Complete Spreadsheet Tab"NonWaters-Excluded"-Required El (b)(1) Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA_ ❑ (b)(2): Prior converted cropland. ❑ (b)(3)(i): Ditches with ephemeral flow that are not a relocated tributary or excavated in a tributary. ❑(b)(3)(H): Ditches with intermittent flow that are not a relocated tributary, excavated in a tributary, or drain wetlands. ❑(b)(3)(iii): Ditches that do not flow, either directly or through another water, into a water identified in paragraphs(a)(1)-(a)(3). ❑ (b)(4)(i):Artificially irrigated areas that would revert to dry land should application of water to that area cease. ❑ (b)(4)(ii):Artificial, constructed lakes and ponds created in dry land such as farm and stock watering ponds, irrigation ponds, settling basins, fields flooded for rice growing, log cleaning ponds, or cooling ponds. ❑ (b)(4)(iii):Artificial reflecting pools or swimming pools created in dry land.' ❑ (b)(4)(iv): Small ornamental waters created in dry land.' ❑ (b)(4)(v):Water-filled depressions created in dry land incidental to mining or construction activity, including pits excavated for obtaining fill, sand, or gravel that fill with water. ❑ (b)(4)(vi): Erosional features, including gullies, rills, and other ephemeral features that do not meet the definition of tributary, non-wetland swales, and lawfully constructed grassed waterways.' ❑ (b)(4)(vii): Puddles.' ❑ (b)(5): Groundwater, including groundwater drained through subsurface drainage systems.' ❑(b)(6): Stormwater control features constructed to convey,treat, or store stormwater that are created in dry land.' ❑(b)(7):Wastewater recycling structures created in dry land; detention and retention basins built for wastewater recycling;groundwater recharge basins; percolation ponds built for wastewater recycling; and water distributary structures built for wastewater recycling. ®Other non jurisdictional waters/features within review area that do not meet the definitions in 33 CFR 328.3 of (a)(1)-(a)(8)waters and are not excluded waters identified in (b)(1)-(b)(7). • Complete Spreadsheet Tab"NonWaters-Other"-Required D. ADDITIONAL COMMENTS TO SUPPORT JD: ' In many cases,these excluded features will not be specifically identified on the approved JD form,unless specifically requested. Corps Districts may,in case-by-case instances, choose to identify some or all of these features within the review area. Keenesburg No. 2 Mine_112 Reclamation Operation—November 22, 2019