2013-06-28_PERMIT FILE - M2012052

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APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): June 25, 2013 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Albuquerque District, Providence Gold Mine, Cripple Creek, Teller County, Colorado., SPA - 2013 - 00307 -SCO C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: Colorado County /parish /borough: Teller City: Cripple Creek Center coordinates of site (]at/long in degree decimal format): Lat. 38.75588390314440, Long. - 105.1647200364141 Universal Transverse Mercator: 13 485687.72 4289700.2 Name of nearest waterbody: Cripple Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Four Mile Creek into Arkansas River Name of watershed or Hydrologic Unit Code (HUC): Upper Arkansas. Colorado., 11020002 ® Check if map /diagram of review area and /or potential jurisdictional areas is /are available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form: D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: June 25, 2013 ❑ Field Determination. Date(s): SECTION 11: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Arena "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are no "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply):' ❑ TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ❑ Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs ❑ Non -RPWs that flow directly or indirectly into TNWs ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non - wetland waters: linear feet, wide, and /or acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: Pick List Elevation of established OHWM (if known): 2. Non - regulated waters /wetlands (check if applicable) :3 ❑ Potentially jurisdictional waters and /or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: SECTION III: CWA ANALYSIS 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. Z For purposes of this form, an RPW is defined as a tributary that is not a TN W and that typically flows year -round or has continuous flow at least "seasonally" (e.g., typically 3 months) ' Supporting documentation is presented in Section III.F.