2006-05-18_PERMIT FILE - M2006070

• Permit No: M2006070
• IBM Index Class Name: PERMIT FILE
• Doc Date: 5/18/2006
• Doc Name: Approved Jurisdictional Determination
• From: COE
• To: Ms. Darcy Tiglas
• Media Type: D
• Archive: No

JURISDICTIONAL DETERMINATION Revised 8/13/04
U.S. Anny Corps of 1mgineers
DISTRICT OFFICE: Omaha District Denver Regulatory Office
FILE NUMBER: 200680278
PROJECT LOCATION INFORMATION:
State: Colorado
County: Weld
Center coordinates of site (Iatitude/longirude): 40 25 48 104 39 59
Approximaie size of area (parcel) reviewed, including uplands: 60 acres.
Name of nearest waterway: Cache la Poudre River ---
Name of watershed: Cache la Poudre
JURISDICTIONAL DETERMINATION
Completed: Desktop determination ? Date:
Site visit(s) ® Date(s): Nlay 17, 2006
Jurisdictional Determination (JD):
Preliminary JD -Based on available information, ? there appear to be (or)[] there appear lobe no "waters of the
United States" and/or "navigable waters of the United States" on the project site. A preliminary.0 is not appealable
(Reference 33 Cl?R part 331).
® Appro.-cd JD - An approved JD is an appealable action (Reference 33 CFR part 331).
..-.-Check all-that apply:
? There are "navigable waters of the United States" (as defined by 33 CPR part 329 and associated guidance) within
the reviewed area. Approximate size ofjurisdictional area: _
There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the
reviewed area. Approximate size of jurisdictional area:
® There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area.
® Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No
Jurisdiction.
13ASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
? The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States":
? (l) The presence of waters, which are currently used, or were used in the past, or may be Susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and now of the tide.
(2) The presence of interstate waters including interstate wetlands'.
(3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudtlats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or
destruction of which could affect interstate connrerce including any such waters ('check all that apply):
? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? (iii) which are or could be used for industrial purposes by industries in interstate commerce.
? (4) Impoundments of waters otherwise defined as waters of the US.
(5) The presence of a tributary to a water identified in (1) - (4) above.
(6) The presence of territorial seas.
? (7) The presence of wetlands adjacent to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). ff the jurisdictional
water or wetland is not itself a navigable water of the United States, describe connection(s) to the downstream navigable
waters. IfB(1) or B(3) is tired as the Basis ofJturisdicdon, document navigability and/or interstate commerce connection
(i.e.. discuss site conditions, including wlty the waierbody is navigable and/or how the destmetion of the waeerbodl, could
a. ferl interstate: orforeign commerce). If 8(2, 4, 5 or b) is used as the Basis ofJurisdictior, document the rationale used to
snake the determination. ff B(7) is used as the Basis ofJurisdiction, document fire rationale used to make adjacency
detenmination:
Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
? Ordinary High Water Mark indicated by: ? High Tide Line indicated by:
? clear, natural line impressed on the bank ? oil or scum line along shore objects
? the presence of litter and debris ? fine shell or debris deposits (foreshore)
? changes in the character of soil ? physical markings/characteristics
? destruction of terrestrial vegetation ? tidal gages
? shelving ? other:
? other:
? Mean High Water Mark indicated by:
? survey to available datum; ? physical markings; ? vegetation lineslchanges in vegetation types.
Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by.