2022-09-26_PERMIT FILE - M2022042 ‎(10)‎

• Permit No: M2022042
• IBM Index Class Name: Permit File
• Doc Date: 9/26/2022
• Doc Name Note: Exhibt J-1 Wetlands Jurisdictional Determination
• Doc Name: Application
• From: Julie M. Mikulas -Martin Marietta Materials, Inc
• To: DRMS
• Email Name: PSH
• Email Name: JLE
• Media Type: D
• Archive: No

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F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of
Engineers Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
Prior to the Jan 2001 Supreme Court decision in “SWANCC,” the review area would have been regulated based
solely on the “Migratory Bird Rule” (MBR).
Waters do not meet the “Significant Nexus” standard, where such a finding is required for jurisdiction. Explain: .
Other: (explain, if not covered above): Reference is made to the November 13, 1986 Federal Register (Page 41217),
Part 328 (b). Artificially irrigated areas which would revert to upland if the irrigation ceased. In this case, Wetland 1 appears
to have formed from bank failure associated with an irrigation ditch with additional input from sheet flow runoff associated
with crop irrigation. If agricultural activities were to cease, the wetland would no longer exist. The wetland was not present
prior to ditch construction. As such, this aquatic resource is not considered jurisdictional.
Reference is made to the November 13, 1986, Federal Register (Page 41217), Part 328.3(a) Non-tidal drainage and
irrigation ditches excavated on dry land. Unnamed Ditch 1 and Unnamed Ditch 2 appear to be irrigation ditches associated
with excess agricultural runoff. Unnamed Ditch 1 and Unnamed Ditch 2 do not appear to carry relatively permanent flows to
the Cache La Poudre River. As such, these aquatic resources are also not considered jurisdictional.

The Corps reserves the right on a case-by-case basis to determine that a particular waterbody within these categories of
waters is a water of the United States.

Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is
the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture),
using best professional judgment (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource: .
Wetlands: acres.

Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the “Significant Nexus” standard,
where such a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource: .
Wetlands: acres.

SECTION IV: 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):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Wetland Delineation Report authored
by Pinyon Environmental Inc., Figure 1 and Figure 2, submitted September 1, 2022.
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: .
Corps navigable waters’ study: .
U.S. Geological Survey Hydrologic Atlas: .
USGS NHD data.
USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:1:24000 Bracewell 2016.
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: Aerial (Name & Date):Google Earth: 2003-2021. USGS Aerial Photos of Colorado: 1978, 1969, 1948.
or Other (Name & Date): .
Previous determination(s). File no. and date of response letter: .
Applicable/supporting case law: .
Applicable/supporting scientific literature: .
Other information (please specify): Colorado’s Decision Support System

B. ADDITIONAL COMMENTS TO SUPPORT JD: