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

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t t APPROVED JURISDICTIONAL DETERMINATION FORM U.S.Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION(JD): October 28,2022 B. DISTRICT OFFICE, FILE NAME,AND NUMBER: Omaha District Denver Regulatory Office Fairmeadows Site NWO-2022-01381-DEN C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: CO County/parish/borough:Weld City: Greeley Center coordinates of site(lat/long in degree decimal format): Lat. 40.426512 N; Long.-104.652948 W Name of nearest waterbody: Ogilvy Ditch Name of nearest Traditional Navigable Water(TNW)into which the aquatic resource flows: N/A Name of watershed or Hydrologic Unit Code(HUC): 10190007 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑ Check if other sites(e.g., offsite mitigation sites, disposal sites, etc...)are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY): ® Office(Desk) Determination. Date: October 28,2022 ® Field Determination. Date(s): October 25, 2022 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S."within Rivers and Harbors Act(RHA)jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. 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. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area(check all that apply): ' ❑ TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ❑ Relatively permanent watersz(RPWs)that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ❑ Isolated(interstate or intrastate)waters, including isolated wetlands b. Identify(estimate)size of waters of the U.S. in the review area: Non-wetland waters: linear feet: Wetlands: c.Limits(boundaries)of jurisdiction based on: Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands(check if applicable):' Boxes checked below shall be supported by completing the appropriate sections in Section III below. 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 "seasonally"(e.g.,typically 3 months). 3 Supporting documentation is presented in Section III.F.