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Dominant individual plant species were identified, and their wetland indicator status was assessed at each potentially jurisdictional wetland (USFWS, 1988). Evidence of the hydrologic regime at the sample point was collected and evaluated. Soil units were identified from the Soil Conservation Service (USDA, 1974). Color photographs of the potential wetlands were taken and are being maintained in the permanent data file, with relevant photographs included in the Figures section of this report. RESULTS Waters of the United States Waters of the United States (WOTUS) were identified adjacent to and within the Tucson site. Waters of the United States were found within the South Platte River. The South Platte River is not slated for disturbance. Non-Jurisdictional Potential Wetlands It has been the opinion of the U.S. Army Corps of Engineers Omaha District that wetlands created by man-induced imgation that would revert to uplands if the imgatio^ activity were to be terminated, do not fall. under Corps jurisdiction. The following area is a potential wetland that would revert to uplands if the irrigation activity were terminated; a sideslope seep located along portions of the west boundary of the site. The interpretation of what constitutes jurisdictional wetlands and waters of the United States was altered by a United States Supreme Court decision (Solid Waste A~ency of Northern Cook County v. U .S. Army Corps of Engineers, No. 99-1178 (January 9, 2001)). In ails decision, the court held that those waters of the United States whose sole nexus to interstate commerce was use of the wafers by migratory birds were not to be regulated by the U.S. Army Corps of Engineers and were not covered by Section 404 of the Clean Water Act. By so ruling, the court obfuscated the definition of waters of the United States and jurisdictional wetlands. In order to be regulated, one of two criteria must be present in determining whether waters or wetlands fall under the jurisdiction of the Corps; first the wetland or waters must be surface connected to tributary waters of the United States, or second, the wetlands or waters must be adjacent to tributary waters of the United Slates. The following areas aze potential wetlands that are not connected to a inbutary system; two depressions located near the west boundary of the site and a discontinuous Swale ending at the earthen levee at the east boundary of the site. SUMMARY AND RECOiyIMENDATIONS A survey for potential wetlands and waters of the United States was conducted w-ithin the Tucson site west of Brighton, Colorado on August 19, 2003. Non-jursdictional potential wetlands include a sideslope seep {Figure 3) located along portions of the west boundary Tucson Project Jurisdictional Wetland Delineation and Determination Page 4