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JURISDICTIONAL DETERMINATION <br />U.S. Acmy Corps of Engineers, Denver Regulatory Office <br />APPLICANT: Lafarge <br />PROJECT LOCATION/WATERWAY: Weld Co /jurisdictional wetland area IC-lA (Idaho Creek wetland) - non- <br />jurisdic[ional wetland areas -C-1 B, IC-1C, SE-I and 1, 2, 3 and 4 <br />FILE NUMBER: 200380502 <br />PROJECT REVIEW COMPLETED: [ x ]Office [ ]Field <br />Jurisdictional Determination (JD): (For sites regu{ated under 33CFR 320-330) <br />[ x ]Preliminary JD -Based on available information, there appear ro be [ x ]jurisdictional wetland area IC-lA (Idaho <br />Creek wetland) (or t/rere appear to be no [ x ]non-jurisdictional wetland areas IC-1 B, IC-1C, SE-1 and 1, ?, 3 and 4 <br />waters of tfie United States on the project site. A preliminary JD is not appea{able. <br />[ ] Approved JD -There are [ ] or there are no [ ]waters of the United States on the project site, as identified in the <br />basis ofjurisdictionaldeterminarion indicated below. An approved 1D is an appealable action (Reg. 33CFR 331). <br />(Note: JDs prepared by the Environmental Protection Agency are not appealable to the Corps of Engineers) <br />Basis of Jurisdictional Determination: (Reference: 33CFR 328.3(a)) <br />[ ] (1) TNe presence of waters which aze currently used, or were used in the past, or maybe susceptible [o use in <br />interstate or foreign commerce, including all waters which are subject to the ebb~and flow of the tide. <br />[ x ] (2) The presence of interstate waters at jurisdictional wetland area IC-lA (Idaho Creek wetlaud) including <br />interstate wetlands. <br />[ ] (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudfla[s, <br />sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or <br />destruction of which could effect interstate commerce including any such waters: <br />[ ] (i) which are or could be used by interstate or foreign travelers for recreational purposes. <br />[ ] (ii) from which fish or shellfish are or could betaken and sold in interstate or foreign commerce. <br />[ ] (iii) which are or could be used for industrial purposes by industries in interstate commerce. <br />[ ] (4) Impoundments of waters defined as a Water of the US. <br />[ x ] (5) The presence of a tributary to a water identified in (1) - (4) above. <br />[ ] (6) The presence of territorial seas. <br />[ ] (7) The presence of wetlands adjacent' to interstate or other waters of the US, except for those wetlands adjacent to <br />other wetlands. <br />Rationale for Basis: (Applies to any boxes checked above) Idaho Creek flows to the St. Vrain Creek that flows to the South <br />Platte River that is an interstate waters. Wetlands 1C-1B and IC-1 C: the wetlands a[ this site were created by man induced <br />irtigation and would revert to uplands if the irrigation activity were to be cut off. In that regard, the wetlands are not waters of <br />the U.S. pursuant to Section 404 of the Clean Water Act. A Department of the Army Permit will not be required for any work in <br />these wetlands. Wetland SE-l does not flow to an interstate water. Wetlands 1, 2, 3 and 4 are neither adjacent to nor surface <br />connected to an interstate waters. <br />Lateral Ezteut of Jurisdiction: (Reference: 33 CFR 328 and 329) <br />[ x ]Ordinary High Water Mark of Idaho Creek indicated by: ^ <br />[ x ] cleaz, natural line impressed on the bank ^ <br />[ ] the presence of litter and debris ^ <br />[ ] changes in the charade: er soil ^ <br />[ x ] destruction of terrestrial vegetation <br />[ x ] shelving ^ <br />[ ] other: <br />High Tide Line indicated by: <br />oil or scum line along shore objects <br />fine shell or debris deposits (foreshore) <br />physiczl markingrJcharacteristics <br />^ tidal gages <br />other: <br />^ Mean High Water Mark indicated by: <br />^ survey to available datum; ^ physical markings; ^ vegetation lineslchanges in vegetation types <br />^ In ocean or coastal area, site is within a zone three geographic (nautical) miles seaward of the baseline <br />[ x ] Wetland as shown on the attached wetland delineation map and/or in ajurisdictional report by Warren Keammerer and <br />Suzanne ]amen <br />^ Additional supporting information attached: <br />Preparers Terry McKee Date: September 3, 2003 <br />~ Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 <br />Manual) (i.e., occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). <br />ZThe term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man- <br />madedikes or barriers, natural river berms, beach dunes, and the like are also adjacent. <br />'Baseline is the line on the shore reached by the ordinary low tides from which the distance of three miles is measured <br />