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Kersey Gravel Wetland Delineation Report Ecological Resource Consultants, Inc. <br />connection or significant nexus to TNWs. The USACE will need to make a jurisdictional <br />determination of this site feature. <br />Wetland B is manmade and influenced by both groundwater and irrigation water. The wetland <br />conveys relatively permanent water directly to the South Platte River (a TNW) and therefore is <br />likely considered jurisdictional per current regulatory guidance (USEPA & USACE 2007). <br />In closing, ERC has identified 7.0 acres of water features which include irrigation ditches and <br />wetlands within the 96 acre study area. Current regulatory guidance does not provide a definitive <br />interpretation of the jurisdictional status of the two irrigation ditches and Wetland B. The <br />USACE must review the jurisdictional status of these features and make a site specific <br />determination. Jurisdictional status of Wetland A is more clear under current guidance, and is <br />likely jurisdictional. ERC is requesting a jurisdictional determination of this wetland delineation <br />report from the USACE. <br />Jurisdictional wetlands and waters of the U.S. are regulated by the USACE under Section 404 of <br />the Clean Water Act. The placement of fill material within jurisdictional areas is prohibited with <br />out USACE authorization. ERC recommends that no disturbance occurs within the identified <br />wetlands until a jurisdictional determination is made by the USACE. <br />This report has been prepared by: <br />Ecological Resource Consultants, Inc. <br />Diane Krzysztof <br />Ecologist <br />This report has been reviewed and approved by: <br /> <br />David J. Blauch <br />V.P., Senior Ecologist <br />II <br />117