PERMFILE65376

• Permit No: M2005033
• IBM Index Class Name: Permit File
• Doc Date: 8/7/2006
• Doc Name: Response to adequacy review
• From: WSI Weiland Inc.
• To: DMG
• Media Type: D
• Archive: No

JURISDICTIONAL DETERMINATION Revised 8/13/04
U.S. Army Corps of Engineers
DISTRICT OFFICE: Omaha District Denver Regulatory Office
FILE NUMBER: 200280153
PROJECT LOCATION INFORMATION:
State: Colorado
County: Lorimer
Center coordinates of site (latitude/longitude): 40 23 17 105 02 28
Approximate size of area (parcel) reviewed, including uplands: _50_ acres.
Name of nearest waterway: Big Thompson river
Name of watershed: Big thompson
JURISDICTIONAL DETERMINATION
Completed: Desktop determination ^ Date:
Site visit(s) ~ Date(s): Aug 3, 2005
Jurisdictional Determination (JD):
Preliminary 1D -Based on available information, ^ there appear to be (or) ^ there appear to be no "waters of the
United Slates" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable
(Reference 33 CFR part 331).
® Approved JD - An approved 1D is an appealable action (Reference 33 CFR part 33 I ).
Check all that apply:
^ There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within
the reviewed area. Approximate size ofjurisdic[ional area:
® There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the
reviewed area. Approximate size ofjurisdictional azea:
® There are "isolated, rson-navigable, infra-state waters or wetlands" within the reviewed area.
® Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No
]urisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United S[a[es":
„t[']Q The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
[he pas[, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States":
^ (Q The presence of waters, which are currently used, or were used-in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide..
(2)-The presence of interstate waters including interstate wetlands[.
^ (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, we[ meadows, playa lakes, or natural ponds, the use, degradation or
destruction of which could affect interstate commerce including any such waters (check all [hat apply):
^ (i) which are or could be used by interstate or foreign navelecs for recreational or other purposes.
^ (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
^~ (iii) which are or could be used for industrial purposes by industries in interstate commerce.
^ (4) Impoundments of waters otherwise defined as waters of the US.
® (5) The presence of a tributary to a water identified in (1)- (4) above.
^ (6) The presence of territorial seas.
^ (7) The presence of wetlands adjacentZ to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). Ijehejurisdictional
water or wetland is not itselja navigable water ojthe United States, describe connection(s) to the downstream navigable
waters. IjB(!) or B(3) is used as the Basis ojJurisdiction, document navigability and/or interstate commerce conrsection
(i. e., discuss site conditions, including why the waterbody is navigable and/or how the destruction ojthe waterbady could
affect interstate or foreign commerce). IjB(2, 4, S or 6J is used as the Basis ojJurisdiction, document [he rationale used to
make the determination. Ije(7) is used as the Basis ojJurisdiction, document the rationale used to make adjacency
determination:
The wetland located on the northeast portion of the property, as shown on Figure 2, contributes surface water Bows [o [he
Big Thompson River that flows to [he South Platte River, which is an interstate water.
Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
^ Ordinary High Water Mark indicated by: ^ High Tide Line indicated by:
^ clear, natural line impressed on the bank ^ oil or scum line along shore objects
^ the presence of litter and debris ^ fine shell or debris deposits (foreshore)
^ changes in the character of soil ^ physical markings/characteristics
^ destruction of terrestrial vegetation ^ tidal gages
^ shelving ^ other:
^ other:
^ Mean High Water Mark indicated by:
^ survey to available datum; ^ physical markings; ^ vegetation lines/changes in vegetation types.
Wetland boundaries, as shown on [he attached wetla nd delineation map and/or in a delineation report prepared by:
Peter Davis of WSf