2008-02-22_APPLICATION CORRESPONDENCE - C2008086 (42)

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APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: CAM Colorado proposes to develop a coal mine facility on approximately 1,886 acres of Bureau of Land Management land at the Red Cliff Mine site in the southwest corner of Garfield County. Development of the mine will also require the construction of approximately 15 miles of rail line on public and private lands in Mesa County to transport coal from the mine facility to the Union Pacific Railroad south of Mack, Colorado. Based on maps of the proposed railroad right of way and the proposed mine facility provided by CAM Colorado, WestWater Biologists surveyed the approximately 2,450 acre project site and surrounding areas to identify and delineate potential wetlands and waters of the U.S.(WOUS) within and adjacent to proposed construction boundaries. At the request of the COE the project was divided into two parts: 1. Request for a Jurisdictional Determination identifying potential non-wetland WOUS. 2. Request for confirmation of Wetland Delineation and Jurisdictional Determination. This is part 1, Jurisdictional Determination of non-wetland Waters of the US State: CO County/parish borough: Mesa City: Mack Center coordinates of site (lat/long in degree decimal format): Lat. 39.318,° N,Long. -108.8072° E. Universal Transverse Mercator° Name of nearest waterbody: Salt Creek, RPW Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Colorado River Name of watershed or Hydrologic Unit Code (HCTC): 14010005 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ® Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ^ Office (Desk) Determination. Date: ^ Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U. S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [RequaredJ ^ Waters subject to the ebb and flow of the tide. ^ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are no "waters of the U S."within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [RequaredJ 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): r ^ TNWs, including territorial seas ^ Wetlands adjacent to TNWs ^ Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs ^ Non-RPWs that flow directly or indirectly into TNWs ^ Wetlands directly abutting RPWs that flow dn•ectly or indirectly into TNWs ^ Wetlands adjacent to but not directly abutting RPWs that flow directly or indhrectly into TNWs ^ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ^ Impoundments of jurisdictional waters ^ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: i Boxes checked below shall be supported by completing the appropriate sections in Section III below. 'For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). WestWater Engineering Page 15 of 23 COE Jurisdictional Determination Request DBMS 404