Laserfiche WebLink
APPROVED JURISDICTIONAL DETERMINATION FORM <br />U.S. Army Corps of Engineers <br /> <br />This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. <br /> <br />SECTION I: BACKGROUND INFORMATION <br />A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): September 9, 2022 <br /> <br />B. DISTRICT OFFICE, FILE NAME, AND NUMBER: <br /> Omaha District <br /> Denver Regulatory Office <br /> Windsor East Site <br /> NWO-2022-01585-DEN <br /> <br />C. PROJECT LOCATION AND BACKGROUND INFORMATION: <br />State: CO County/parish/borough: Weld City: Windsor <br />Center coordinates of site (lat/long in degree decimal format): Lat. 40.446608 N; Long. -104.846744W <br />Name of nearest waterbody: Cache La Poudre River <br />Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: N/A <br />Name of watershed or Hydrologic Unit Code (HUC): 10190007 <br /> Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. <br /> Check if other sites (e.g., offsite mitigation sites, disposal sites, etc…) are associated with this action and are recorded <br />on a different JD form. <br /> <br />D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): <br /> Office (Desk) Determination. Date: September 9, 2022 <br /> Field Determination. Date(s): September 6, 2022 <br /> <br />SECTION II: SUMMARY OF FINDINGS <br />A. RHA SECTION 10 DETERMINATION OF JURISDICTION. <br /> <br />There Are no “navigable waters of the U.S.” within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) <br />in the review area. [Required] <br /> Waters subject to the ebb and flow of the tide. <br /> Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or <br />foreign commerce. Explain: . <br /> <br />B. CWA SECTION 404 DETERMINATION OF JURISDICTION. <br /> <br />There Are not “waters of the U.S.” within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. <br />[Required] <br /> <br /> 1. Waters of the U.S. <br /> a. Indicate presence of waters of U.S. in review area (check all that apply): 1 <br /> TNWs, including territorial seas <br /> Wetlands adjacent to TNWs <br /> Relatively permanent waters 2 (RPWs) that flow directly or indirectly into TNWs <br /> Non-RPWs that flow directly or indirectly into TNWs <br /> Wetlands directly abutting RPWs that flow directly or indirectly into TNWs <br /> Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs <br /> Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs <br /> Impoundments of jurisdictional waters <br /> Isolated (interstate or intrastate) waters, including isolated wetlands <br /> <br /> b. Identify (estimate) size of waters of the U.S. in the review area: <br /> Non-wetland waters: linear feet: <br /> Wetlands: <br /> <br /> c. Limits (boundaries) of jurisdiction based on: <br /> Elevation of established OHWM (if known): . <br /> <br /> 2. Non-regulated waters/wetlands (check if applicable):3 <br /> <br />1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. <br />2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least <br />“seasonally” (e.g., typically 3 months). <br />3 Supporting documentation is presented in Section III.F.