2010-02-17_REVISION - C1982056 ‎(3)‎

• Permit No: C1982056
• IBM Index Class Name: REVISION
• Doc Date: 2/17/2010
• Doc Name: Request for Decision Extension ‎(Emailed)‎
• From: Jerry Nettleton
• To: DRMS
• Type & Sequence: RN5
• Email Name: JHB
• Media Type: D
• Archive: No

PRELIMINARY JURISDICTIONAL DETERMINATION FORM
Sacramento District
This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all
aquatic features on the site that could be affected b the proposed activity, based on the following information:
Regulatory Branch: Colorado West File/ORM #: SPK-2010-00149 PJD Date: February 3, 2010
State: CO City/County: Routt County
Nearest Waterbody: Name/Address Jerry Nettleton
Of Property Twentymile Coal Company
Location (Lat/Long): 40.37095615733560 N, -107.0969730374510 Owner/ 29515 Routt County Road 27
W Potential Oak Creek, Colorado 80467
Applicant
Size of Review Area: acres
Identify (Estimate) Amount of Waters in the Review Area Name of any Water Bodies Tidal:
Non-Wetland Waters: on the site identifies as
Stream Flow Section 10 Waters: Non-Tidal:
120-linear feet 30 ft wide acres N/A
® Office (Desk) Determination
Wetlands: 0 acre(s) Cowardin N/A ? Field Determination:
Class: Date(s) of Site Visit(s):
SUPPORTING DATA: Data reviewed for preliminary JD (check all that apply - checked items should be included in case file
and, where checked and requested, appropriately reference sources below)
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
? Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Data sheets prepared by the Corps.
? Corps navigable waters' study.
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K; CO-RATTLESNAKE BUTTE
? USDA Natural Resources Conservation Service Soil Survey.
? National wetlands inventory map(s).
? State/Local wetland inventory map(s).
? FEMA/FIRM maps.
? 100-year Floodplain Elevation (if known):
® Photographs: ? Aerial
® Other
? Previous determination(s). File no. and date of response letter:
? Other inform t' n leafe specify):
7 Z T . he info on recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations.
Signature d Date of Reg atory Project Manager Signature and Date of Person Requesting Preliminary JD
(REQUi D) (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 on 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 determination (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 "preconstruction 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 activity, 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 jurisdictional
waters; (2) that
the applicant has the option to request an approved JD 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 NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit,
including
whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved
JD
constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization
(e.g., signinga
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 States, and precludes any challenge to such jurisdiction in any administrative or judicial
compliance 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 JD 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(ax2)). If, 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 site, the Corps will provide an approved JD to accomplish
that result, as
soon as is practicable.