2010-02-05_PERMIT FILE - M2009086

• Permit No: M2009086
• IBM Index Class Name: PERMIT FILE
• Doc Date: 2/5/2010
• Doc Name: Adequacy response
• From: Flintstone Gravel & Trucking, Inc.
• To: DRMS
• Email Name: PSH
• Media Type: D
• Archive: No

EXHIBIT I 3 of 4
PRELIMINARYJURISDICTIONAL DETERMINATION FORM
Sacramento District
This preliminary JD finds that there ftmay bell waters of the United States on the subject project site, and identifies
all aquatic features on the site that could be affected by the proposed activity, based on the followin information:
Regulatory Branch Colorado West File/ORM # Z p B l a 1i-j y PJD Date: of
State CO City/County Gland County David Blauch
Nearest Waterbody: Smith Creek Name/
Address of Ecological Resource Consultants, Inc
Person 5672 Juhls Drive Boulder CO 80301
Location: TRS, 40.098049 N; 105.936631W
Requesting
LatLong or VIM:
- PJD
Size of Review Areal 11 acres + 15 Acres
Identify (Estimate) Amount of Waters in the Review Area: Name of Any Water Bodies Tidal:
Stream Flow:
W
e on the Site Identified as
aters:
tland
Non-w
?- inear ft F width 07acres Per. (seasonal) Section 10 Waters: Non-Tidal:
_
r- Office (Desk) Determination r--
I
Wetlands: 4.43 acre (s) Clan Pahtstrine semb-shrub r- Field Determination: Date of Field Trip: I
SUPPORTING DATA: Data reviewed for preliminary JD (check all that apply - checked items should be included in case fate and, where checked
and requested, appropriately reference sources below):
p Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant > RC -0.2?-ors PCN
v Data sheets prepared/submitted by or on behalf of the applicantteonsultant.
r" Office concurs with data sheets/delineation report.
F- Data sheets prepared by the Corps
r" Corps navigable waters' study:
r" U.S. Geological Survey Hydrologic Atlas:
r USGS NHD data.
r USGS 8 and 12 digit RUC maps.
f7 U.S. Geological Survey map(s). Cite quad name: Granby, co
r USDA Natural Resources Conservation Service Soil Survey. Citation:
r National wetlands inventory map(s). Cite name:
r State/Local wetland inventory map(s):
r FEMA/FIRM reaps:
I- 100-year Floodplain Elevation is:
p Photographs: p Aerial (Name & Date): Gaogle earth Aug 25,92007 & ooceC 8"1
17 Other (Name & Date): Fate -0-22-09 PCN &- 11-_04-09 tatter
r Previous determination(s). File no. and date of response letter:
r" Other information (please specify):
EMPORTANT The information recorded on this form has not neeessarity been verified by the Corks and should not be relied aaan for later iu_risdidional determinations.

Gem-- ?• ? ll ? ? ?
Signature and Date o egulatory roject Manager Signature and Date o etron Requesting Prelttninary JD
(REQUIRED) (REQUIRED, unless obtaining the signature is impracticable)
EXPLANATION OF PRELIMINARY AND APPROVED JURISDICTIONAL DETERMINATIONS:
1. The Corps of Engineers believes that there may be jurisdictional waters of the United States an the subject site, and the permit applicant or other affected party who requested this
preliminary JD is
hereby advised of his or her option to request and obtain an approved jurisdictional daermination (JD) for that site. Nevertheless, the permit applicant or other person who requested
this preliminary JD
has declined to exercise the option to obtain an approved JD in this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "preconstruetion notification"
(PCN),
or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the aetrvitj, the permit applicant is hereby made
aware of the
following- (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictio al waters; (2)
that the applicant has
the option to request an approved JO before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result
in less
compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions
of the N, %'P or
other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terrors and conditions of that permit, including
whatever mitigation
'
s
requirements the Corps has determined to be necessary, (5) that undertaking any activity in reliance upon the subject pemhit authorization without requesting an approved JO constitutes
the applicant
acceptance of the use of the preliminary 1D, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (c-g, signing a proffered individual
permit) or
undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected
in any way by
that activity are jurisdictional waters of the United Stares, and precludes any challenge to such jurisdiction in any administrative or judicial cnmpliaree or enforcement action, or
in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that 1D will be processed as soon as is practicable. Further, an
approved JD, a
proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in
any administrative
appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)} It during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction
exists over a
site, or to provide an official delineation of jurisdictional waters on the sit the Corps will provide an approved JD to accomplish that result, as soon as is practicable.