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JURSSDICTIONAL DETER`IINATION U.S. Army Corps of Engineers, Dem~er Regulatory Office APPLICANT: La[arge PROJECT LOCATION/WATERWAY: Weld Co /jurisdictional wetland area IC-IA (Idaho Creek wetland) - non- jurisdictional wetland areas IC-1 B, IC-I C. SE-I and 1, 2, l and 4 FILE NUMBER: 200380502 PROJECT REVIEW COMPLETED; [ x ]Office [ ]Field Jurisdictional Determination (JD): (For sites regulated under 33CFR 3_0-330) (v ] Preliminary 1D -Based on acaiiabic informaton, rirere appem~m br [ t j jurisdictional wetland area IC-IA (Idaho Creek wetland) for tlrerc .:ppe.:r ro .hc no [ x ]non-jurisdictional wetland areas 1C-I C, !C-I C, SE-1 and 1, :. 3 and 1 waters of the United States an the protect site. A preliminary !D is not appealable. [ ] Approved JD -There are ( ] or there are no [ ]waters of the United States on the project site, as identified in the basis ofjurisdictional determination indicated below. An approved 1D is an appealable action (Reg. 33CFR 331). (Note: fDs prepared by the Environmental Protection Agency are not appealable to the Corps of Engineers) Basis of Jurisdictional Determination: (Reference: 33CFR 32S.3(al) [ ] (I) 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. [ s ] (2) The presence of interstate waters at jurisdictional wetland area IC-lA (Idaho Creek wetland) including interstate weilands~. [ ] (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, slouehs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could effect interstate commerce including any such waters: [ ] (i) which are or could be used by interstate or foreign travelers for recreational purposes. [ ] (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. [ j (iii) which are or could be used for industrial purposes by industties in interstate commerce. [ J (4) Impoundments of waters defined as a Wacer of the US. [ s ] (~) The presence of a tributary to a water identified in (1) - (d) above. [ } (6) The presence of temtorial seas. [ ] (r) The presence of wetlands adjacent to inters are or other waters of the US, except for those wetlands adjacent to other wetlands. Rationale for Basis: (Applies [o any boxes checked above) Idaho Creek flows to the St. Vrain Creek that flows to the South Platte River that is an interstate waters. Wetlands IC-1 B and IC-1 C: the wetlands at this site were created by man induced irtigation and would revert to uplands if the irrigation activity were to be cut off. In that regard, [he wetlands are not waters of the U.S. pursuant to Section 404 of the Clean Water Act. A Department of the Atmy Pemut will not be required for any work in these wetlands. Wetland SE- I does not flow to an interstate water. Wetlands I, ?, 3 and 4 are neither adjacent to nor surface connected to an interstate wacers. Lateral Eztent of Jurisdiction: (Reference: 33 CFR 3?S and 3?9) [ x ]Ordinary High Water Mark of Idaho Creek indicated by: ^ [ x ] cleaz, natural line impressed on the bank ^ (J the presence of litter and debris ^ [ ] changes in the character of soil ^ [ s ] desttuction of tertesMal vegetation [ x ] shelving ^ j ] other: High Tide Line indicated by: oil or scum line along shore objects fine shell or debris deposits (foreshore) physical markingvcharac:eristics ^ tidal gages other: ^ Mean High Water dark indicated by: ^ survey to available datum; ^ physical markings: ^ vegetation lines/changes in vegetation types ^ In ocean or coastal area, site is within a zone three geographic (nautical) miles seaward of the baseline' [ x ] ~Vedand as shown on the attached wetland delineation map and/or !n ajurisdictional reporc by Warren Keammerer and Suzannelanzen ^ Additional supporting information attached: Preparers Terry McKee Date: September 3,'_003 'Wetlands are identified and delineated using the methods and criteria established m the Corps Wetland Delineation Manual (87 Manual) (i.e., occurtence of hydrophytic vegetation, hydric soils and wetland hydrology). 'The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of tfie U.S. by man- made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent. Baseline is the line on the short reached by the ordinarv~ low tides from which the distance of three miles is measured.