2023-01-10_PERMIT FILE - M2023001 ‎(14)‎

• Permit No: M2023001
• IBM Index Class Name: Permit File
• Doc Date: 1/10/2023
• Doc Name Note: Exhibit J - Vegetation Information
• Doc Name: Application
• From: J-2 Contracting Company
• To: DRMS
• Email Name: PSH
• Email Name: JLE
• Media Type: D
• Archive: No

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 328.3(a) Non-tidal drainage and
irrigation ditches excavated on dry land. Ditch 1 appears to be an irrigation ditch excavated on dry land that does not
appear to carry relatively permanent flows any waters of the U.S.As such,this aquatic resource is not considered
jurisdictional.
The resources referenced above are typically not considered waters of the U.S., however, "...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." [33 Fed. Reg.41217(Nov 13, 1986)].
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:
El 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: Aquatic Resource Delineation Report.
Submitted by applicant. Dated September 20, 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:
❑ USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:1975.
❑ 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: 1999-2021. USGS Aerial Photos of Colorado 1949, 1978
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):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
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