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Jurisdictional Determination Request <br />Proposed CAM Colorado LLC Red Cliff Mine and Rail Spur <br />Mesa County, Colorado <br />December 2007 <br />This is a request for U.S. Army Corps of Engineers (COE) jurisdictional determination and <br />confirmation of a wetland delineation performed on the site of the proposed Red Cliff Mine and <br />related rail spur, north of Mack, Colorado (Figure 1). The delineation was performed by <br />WestWater Engineering (WestWater) biologists on the following dates: June 19, 20, 21, Aug. 17, <br />Nov. 17, 18, 20, 21, 27, Dec. 8, 18, 2006 and Feb. 23, 24, 2007. Wetlands were delineated in <br />accordance with COE standards included in the "Corps of Engineers Wetlands Delineation <br />Manual, Environmental Laboratory, Vicksburg, MS, January 1987" and the "U.S. Army Corps <br />of Engineers Jurisdictional Determination Form Instructional Guide Book" (May 30, 2007). <br />Background <br />Wetland delineation was performed during the 2006 growing season while irrigation of nearby <br />agricultural areas was underway. Recent (2005 and 2006) precipitation has been near normal for <br />the Grand Valley, unlike the preceding drought years (2002 through 2004), so related wetland <br />characteristics were considered likely to be in a relatively normal condition as well. <br />CAM Colorado proposes to develop a coal mine facility on approximately 1,886 acres of Bureau <br />of Land Management land at the Red Cliff Mine site in the southwest cot~er of Garfield County. <br />Development of the mine will also require the construction of approximately 15 miles of rail <br />spur on public and private lands in Mesa and Garfield Counties to transport coal from the mine <br />facility to the Union Pacific Railroad south of Mack, Colorado. Based on maps of the proposed <br />railroad right of way and the proposed mine facility provided by CAM Colorado, WestWater <br />Biologists surveyed the approximately 2,450 acre project site and surrounding areas to identify <br />and delineate potential wetlands and waters of the United States (WOUS) within and adjacent to <br />proposed construction boundaries (Figure 1). At the request of the COE the project was divided <br />into two parts: <br />1. Request for a Jurisdictional determination identifying potential non-wetland WOUS. <br />2. Request for confirmation of Wetland delineation and Jurisdictional determination. <br />Delineation Methods <br />Drainages were identified as potentially jurisdictional WOUS based on the drainage's Ordinary <br />High Water Mark (OHWM) and the drainages ability to contribute flow to a Relatively <br />Permanent Water (RPW), Traditional Navigable Water (TNW), or drainages that form a <br />significant nexus with a TNW. Significant nexus determinations were made by examining the <br />functions that may significantly affect the chemical, physical, and biological integrity of <br />downstream TNWs or contributing RPWs and Non-RPWs. Additionally, these drainages were <br />evaluated for potential to transport sediment and/or pollutants into a TNW or RPW. Where <br />evidence of flow was apparent, drainages were walked downstream to determine the likelihood <br />that the storm water flow eventually connected to RPWs or TNWs of the United States. Non- <br />WestWater Engineering <br />Page 1 of 24 COE Jurisdictional Determination Request <br />DBMS 390 <br />