APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers

Transcription

1 APPROVED JURSDCTONAL DETERMNATON FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section V of the JD Form nstructional Guidebook. SECTON : BACKGROUND NFORMATON A. REPORT COMPLETON DATE FOR APPROVED JURSDCTONAL DETERMNATON (JD): July, 7 B. ST PAUL, MN DSTRCT OFFCE, FLE NAME, AND NUMBER: MVP-7-53-DWW C. PROJECT LOCATON AND BACKGROUND NFORMATON: State:Minnesota County/parish/borough: St. Louis City: Virginia Center coordinates of site (lat/long in degree decimal format): Lat N, Long W. Universal Transverse Mercator: 5T Name of nearest waterbody: East Two River Name of watershed or Hydrologic Unit Code (HUC): 93 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. REVEW PERFORMED FOR STE EVALUATON (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: June 3, 7 Field Determination. Date(s): June, 7 SECTON : SUMMARY OF FNDNGS A. RHA SECTON DETERMNATON OF JURSDCTON. There are no navigable waters of the U.S. within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 39) in the review area. B. CWA SECTON DETERMNATON OF JURSDCTON. There are no waters of the U.S. within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 3) in the review area.. Waters of the U.S.: N/A. Non-regulated waters/wetlands (check if applicable): Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: SECTON : CWA ANALYSS A. TNWs AND WETLANDS ADJACENT TO TNWs: N/A B. CHARACTERSTCS OF TRBUTARY (THAT S NOT A TNW) AND TS ADJACENT WETLANDS (F ANY): N/A C. SGNFCANT NEXUS DETERMNATON: N/A D. DETERMNATONS OF JURSDCTONAL FNDNGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): N/A E. SOLATED [NTERSTATE OR NTRA-STATE] WATERS, NCLUDNG SOLATED WETLANDS, THE USE, DEGRADATON OR DESTRUCTON OF WHCH COULD AFFECT NTERSTATE COMMERCE, NCLUDNG ANY SUCH WATERS (CHECK ALL THAT APPLY): N/A F. NON-JURSDCTONAL WATERS, NCLUDNG WETLANDS (CHECK ALL THAT APPLY): f potential wetlands were assessed within the review area, these areas did not meet the criteria in the 97 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. Prior to the Jan Supreme Court decision in SWANCC, the review area would have been regulated based solely on the Migratory Bird Rule (MBR). Waters do not meet the Significant Nexus standard, where such a finding is required for jurisdiction. Explain: Other (explain, if not covered above): The AJD is limited to wetland,, and 3. Wetlands,, and 3 are depressional basins that have no direct or indirect connection to other wetlands or traditional Navigable waters and do Supporting documentation is presented in Section.F.

2 not have a surface of shallow subsurface hydrologic connection to any Navigable waters or tributaries, as confirmed by a site visit on June, 7. The wetlands are surrounded by upland, have no swales, pipes or other means to connect it to waters of the U.S. (WOUS). We have determined that these wetlands are isolated depressions and not waters of the U.S. We have reviewed available desktop resources such as aerial photography, the flow path information, and stream and wetland mapping to make an approved isolated determination of the wetlands. We determined that the wetlands have no hydrologic connection with a Navigable water of the U.S.. The wetlands do not support an ecological connection to a Navigable water. Wetlands,, and 3 do not support a link to interstate or foreign commerce because it is not know to be used by interstate or foreign traveler for recreation or other purposes; do not produce fish or shellfish that could be taken and sold in interstate or foreign commerce; and are not known to be used for industrial purposes by industries in interstate or foreign commerce. These wetlands do not have an ecological connection to other waters within the review area. Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource:. Wetlands:. acres. Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the Significant Nexus standard, where such a finding is required for jurisdiction (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource:. Wetlands: acres. SECTON V: DATA SOURCES. A. SUPPORTNG DATA. Data reviewed for JD (check all that apply - checked items shall 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:barr Engineering Data sheets prepared/submitted by or on behalf of the applicant/consultant. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters study: U.S. Geological Survey Hydrologic Atlas: USGS NHD data. USGS and digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: USDA Natural Resources Conservation Service Soil Survey. Citation:WebSoilSurvey National wetlands inventory map(s). Cite name:usfws NW Map State/Local wetland inventory map(s): FEMA/FRM maps: -year Floodplain Elevation is: (National Geodectic Vertical Datum of 99) Photographs: Aerial (Name & Date):ArcGS or Other (Name & Date): Previous determination(s). File no. and date of response letter: Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): B. ADDTONAL COMMENTS TO SUPPORT JD: The three (3) wetlands include the following acreages and vegetation types: Wetland (55 square feet hardwood swamp), Wetland ( square feet shrub carr), and Wetland 3 (,59 square feet seasonally flooded basin). The wetlands total. acres.

3 The wetlands do not support a link to interstate or foreign commerce because they are not known to be used by interstate or foreign travelers for recreation or other purposes; do not produce fish or shellfish that could be taken and sold in interstate or foreign commerce; and are not known to be used for industrial purposes by industries in the interstate commerce. The wetlands were determined to not be jurisdictional under the CWA because the wetlands lacked links to interstate commerce sufficient to serve as a basis for jurisdiction. 3

4 9. ac Vermilion River Barr Footer: ArcGS., 3--9 : File: :\Client\ArcelorMittal\Work_Orders\Wetlands\Maps\Reports\3 Tank Delineation\Figure 3 Tank Delineation Location and Hydrology.mxd User: maj Plant Site St. Louis River. ac Vermilion River 3 Wetland Delineation Area Streams Public Water nventory Watercourses Major Watersheds - Level Minor Watersheds - Level,,, Figure LOCATON MAP AND HYDROLOGY

5 Barr Footer: ArcGS., 3--9 :5 File: :\Client\ArcelorMittal\Work_Orders\Wetlands\Maps\Reports\3 Tank Delineation\Figure 3 Tank Delineation NW.mxd User: maj 3 Wetland Delineation Area National Wetlands nventory Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lake Other Riverine magery: FSA CR 5,, Figure NATONAL WETLAND NVENTORY

6 F3A FC FD FC FF FB FF FD FF F7B F7B FE FD FB FC FF FD F3A FE FF FC FB F3A F3A B3A FF 5 FB FD F9B 3B 3B Barr Footer: ArcGS., 3--9 :55 File: :\Client\ArcelorMittal\Work_Orders\Wetlands\Maps\Reports\Figure 3 3 Tank Delineation Soil Survey.mxd User: maj B9B FC 3 Wetland Delineation Area Hydric Rating All Hydric Not Hydric Partially Hydric Unknown Hydric 5,, Figure 3 SOL SURVEY MAP

7 7 Wetland 55 sq. ft. Plot -U 5 5 Plot 57-U 3 Plot 3-W 5 Wetland sq. ft. Plot 9-U 5 5 Wetland 3,59 sq. ft Plot 35-W Plot 3-U Plot5-W Plot 9-U Data Plots Delineated Wetlands Topography -ft Contours -ft Contours DWW Drawing of magery: Color 3 Wetland Delineation Area Figure Barr Footer: ArcGS., :5 File: :\Client\ArcelorMittal\Work_Orders\Wetlands\Maps\Reports\3 Tank Delineation\Figure 3.mxd User: maj WETLAND DELNEATON MAP