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~ JURISDICTIONAL DETERMINATION US. Army Cotps of Engineers, Deaver Regulatory Office APPLICANT: Aggregate Indastria PROJBCT LOCATION/WATERWAY: Adamt Co / uoo-jnrisdictioaal areas: Sideslope Seep, 7M•o Southern Depression Wdlauds and Discoatiauous Shale FILE NUMBER: PROJECT REVIEW COMPLETED: [ x ] Offite [ ] Fidd Jarisdietional Determinatioa (JD): (For site regulated under 33CFR 320-330) [ x ] Preliminary 1D -Based on availablt infomratian, !here appear to be [ ] of 1/rere appear to ile no (x ] waters of the United State on the project site. A preliminary ID is not appealable [ ] Approved 1D -There are [ ] or there arc no ( ]waters of the United Sta[a on the project site, as identified in the basis of jurisdictional determination udicated below. M approved JD is an appealable action (Reg. 33CFR 331). (Note: JDs prepared by the Environmental Protection Agency are not appealable to the Corps of Engineers) Basic of Jarisdietioual Detervdnatioa: (Reference: 33CFR 328.3(a)) [ ] (I) The presence of waters which are curtently used, or were used is the past, or may be susceptible to use in -~ interstate or Corcign commerce, iududingall~waters whichorc subject m the ebb and-flaw of the fide. - - [ ] (2) The presence of intrastate waters mduding intt[state wetlands(. [ ] (3) The presence of other waters such as intestate lakes, rivers, strearos (including ittterntittent streams), mud0ats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, err natural ponds, the use, degradation or destruction of which could effect mterslate 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 mould be taken and soW in interstate or foreign commerce. [ ] (iii) which are or could be used for industrial purposes by iodustria in intersmu rummerce- [ ] (4) Impoundments of waters defined as a Wam of the US. [ ] (S) The presence of a tributary [o a water identified in (i) - (4) above. [ ] (6) The presence of territorial seas. [ ] (7) The presence of wetlands adjacent[ to interstaze or other waters of the US, ucept for those wetlands adjacent to other wetlands. Ratlauale for Buis: (Applia to any bones checked above) Thac non jurisdictional areas are rxither adjacent to nor surface wnneard to an interstate waters. Regarding the non jurisdictional sidalope seep wetland sec the above (7) reference "except for those averlands adjacent to other wetlands." There are wetlands along the edge with in the Brighton Ditch. Lateral Extent of Jurisdiction: (Reference 33 CFR 328 and 329) [ ] Ordinary High Water Mark indicated by: (J clear, natural line impressed on the bank [ ] the presence of litter and debris [ ] changes in the character of soil [ ] destruction of terrestrial vegetation [ ] shela9ng [ ] other. ^ High Tide Line indicated by. ^ od or scum line along shore objects ^ fate shell or debris deposits (foreshore) ^ Physical markings/cbaracteristia ^ tidal gaga ^ other. ^ Mean High Water Mark indicated by: ^ survey to available datum; ^ physical markings; ^ vegetation lints/cltartga in vegetation types ^ Tn ocean or coastal area, site is within a wne duce geographic (nautical) [rule seaward of the baseline' () Wetland as shown on the attached wetland delineation map and/or m a jurisdictional report by Fdith Savage ^ Additional supporting informuidn attached: Preparers Terry Me[Cce Date: October 17, 2007 r Wetlands arc idertified and delineated using the rttethads and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.c., orxurreoce of hydrophytic vegetaton, hydric soils and wetland hydrology). [The term'adjaxnt" means bordering, contiguous, or neighboring. Wetlands separazed from other waters of the U.S. by man- made dikes or barriers, natural river berms, beach duns, and the Ise are also adjacent tBasdirre is the lint on the shore reached by the ordinary low fides from which the distance of three milts is measured