Laserfiche WebLink
(a) The term waters of the United States means (1) All waters which are currently used, or were used in <br />the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are <br />subject to the ebb and flow of the tide; (2) All interstate waters including interstate wetlands; (3) All other <br />• waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, <br />wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or <br />destruction of which could affect interstate or foreign commerce including any such waters: (i) Which are <br />or could be used by interstate or foreign travelers for recreational or other purposes; or (ii) From which <br />fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (iii) Which are used <br />or could be used for industrial purpose by industries in interstate commerce; (4) All impoundments of <br />waters otherwise defined as waters of the United States under the definition; (5) Tributaries of waters <br />identified in paragraphs (a) (1) through (4) of this section; (6) The territorial seas; (7) Wetlands adjacent <br />to waters (other than waters that are themselves wetlands) identified in paragraphs (a) (1) through (6) of <br />this section. (8) Waters of the United States do not include prior converted cropland. Notwithstanding the <br />determination of an area's status as prior converted cropland by any other Federal agency, for the <br />purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with <br />EPA. <br />(b) The term wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and <br />duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically <br />adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. <br />Wetland delineations as of 2009 are to be conducted within the guidelines set forth in regional delineation manuals <br />published by the USACE. The Study Area is located on the border between the areas associated with the USACE Arid <br />West Region (Interior Deserts LRR D) and the Western Mountains, Valleys and Coast Region (Rocky Mountain Forests <br />and Rangeland LRR E). The Western Mountains, Valleys, and Coast Region surrounds and is interspersed with the Arid <br />West Region (USACE 2006). The delineation proceeded with consideration of guidelines included with both manuals. <br />Data were recorded on the Wetland Determination Data Form — Arid West Region, although notes were made when <br />indicators /situations from the "Western Mountains, Valleys, and Coast Region" were more applicable or appropriate. <br />Beyond delineation of wetlands addressed by the above language, limitations on jurisdiction over isolated wetlands that <br />have resulted from the SWANCC Supreme Court case (2001) and the Rapanos- Carabell consolidated court cases (2006) <br />would be factored into any determination of jurisdictional wetlands by USACE. <br />Site - Specific <br />• Wetland plant communities were delineated and surveyed in the field on August 27 through 29 and September 8 through <br />10, 2009. Delineated boundaries (marked with flags) were surveyed by Peabody Sage Creek Mine personnel using <br />Trimble survey equipment accurate to the sub -meter level. Additional areas were delineated, flagged and surveyed in the <br />