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

Size: px

Start display at page:

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

Garry Martin
6 years ago
Views:

1 APPROVED JURIDICIONAL DEERMINAION FORM U.. Army Corps of Engineers his form should be completed by following the instructions provided in ection IV of the JD Form Instructional Guidebook. ECION I: BACKGROUND INFORMAION A. REPOR COMPLEION DAE FOR APPROVED JURIDICIONAL DEERMINAION JD): // B. PAUL, MN DIRIC OFFICE, FILE NAME, AND NUMBER: MVP--35-MMJ; MN Veteran's Cemetary Project C. PROJEC LOCAION AND BACKGROUND INFORMAION: tate:mn County/parish/borough: City: Falls Center coordinates of site lat/long in degree decimal format): Lat N, Long W. Universal ransverse Mercator: X: , Y: Name of nearest waterbody: Crow Creek Name of watershed or Hydrologic Unit Code HUC): 77 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 IE EVALUAION CHECK ALL HA APPLY): Office Desk) Determination. Date: March 3, Field Determination. Dates): ECION II: UMMARY OF FINDING A. RHA ECION DEERMINAION OF JURIDICION. here are no navigable waters of the U.. within Rivers and Harbors Act RHA) jurisdiction as defined by 33 CFR part 39) in the review area. B. CWA ECION DEERMINAION OF JURIDICION. here are no waters of the U.. within Clean Water Act CWA) jurisdiction as defined by 33 CFR part 3) in the review area.. Waters of the U..: 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: here are multiple aquatic resources in the review area; however, this determination is only for the wetlands labeled as Wetlands, & 3 on the enclosed map labeled MVP--35-MMJ, Figure 3. Wetlands -3 are farmed depressional wetland basins that do not have a surface or shallow subsurface hydrologic connection to any navigable waters or their tributaries, as confirmed in the delineation report completed for this property submitted on January 3,. he wetlands are surrounded by upland, and do not have any swales, pipes or other means to connect them to waters of the U.. WOU). Wetlands -3 are not mapped on the updated National Wetland Inventory NWI). Wetlands -3 are farmed seasonally flooded type wetland basins, and are likely surface water driven features that are not connected, via swales, pipes or other means, to any downstream waters. We have determined that Wetlands -3 are isolated depressions and are not WOU. Wetlands -3 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; they do not produce fish or shellfish that could be taken and sold in interstate or foreign commerce; and they are not known to be used for industrial purposes by industries in interstate or foreign commerce. hese wetlands do not have a significant ecological connection to other waters within the review area. Wetlands -3 were determined to not be jurisdictional under the CWA. ECION III: CWA ANALYI A. NWs AND WELAND ADJACEN O NWs: N/A B. CHARACERIIC OF RIBUARY HA I NO A NW) AND I ADJACEN WELAND IF ANY): N/A C. IGNIFICAN NEXU DEERMINAION: N/A upporting documentation is presented in ection III.F.

2 D. DEERMINAION OF JURIDICIONAL FINDING. HE UBJEC WAER/WELAND ARE CHECK ALL HA APPLY): N/A E. IOLAED [INERAE OR INRA-AE] WAER, INCLUDING IOLAED WELAND, HE UE, DEGRADAION OR DERUCION OF WHICH COULD AFFEC INERAE COMMERCE, INCLUDING ANY UCH WAER CHECK ALL HA APPLY): N/A F. NON-JURIDICIONAL WAER, INCLUDING WELAND CHECK ALL HA APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the Corps of Engineers Manual and/or appropriate Regional upplements. Review area included isolated waters with no substantial nexus to interstate or foreign) commerce. Prior to the Jan upreme Court decision in WANCC, the review area would have been regulated based solely on the Migratory Bird Rule MBR). Waters do not meet the ignificant Nexus standard, where such a finding is required for jurisdiction. Explain: Other explain, if not covered above): 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: Wetland =.5 acre, Wetland =.6 acre, Wetland 3=.5 acres. Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the ignificant 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. ECION IV: DAA OURCE. A. UPPORING DAA. 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: tantec 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.. Geological urvey Hydrologic Atlas: UG NHD data. UG and digit HUC maps. U.. Geological urvey maps). Cite scale & quad name: MN- Falls UDA Natural Resources Conservation ervice oil urvey. Citation: County oil urvey National wetlands inventory maps). Cite name: UFW NWI & MnDNR NWI tate/local wetland inventory maps): FEMA/FIRM maps: -year Floodplain Elevation is: National Geodectic Vertical Datum of ) Photographs: Aerial Name & Date):FA -6 or Other Name & Date): Google Earth 6- Previous determinations). File no. and date of response letter: Applicable/supporting case law: Applicable/supporting scientific literature: Other information please specify): B. ADDIIONAL COMMEN O UPPOR JD: Based on the wetland delineation report, Wetlands -3 are isolated wetlands and are therefore not jurisdictional and not regulated under ection of the Clean Water Act.

$V:\93\Active\9379\3_data\gis_cad\gis\mxds\Figure_Location_.$ 73 Falls Wabasso 6 Delhi eaforth Franklin 9 67 Clements Morgan Brown.

supplied in electronic format. he recipient accepts full of the data.

3 V:\93\Active\9379\3_data\gis_cad\gis\mxds\Figure_Location_.mxd Revised: 6--6 By: bmarkle -35-MMJ, Figure Approximate tudy Area MW upplement Belview 73 Falls Wabasso 6 Delhi eaforth Franklin 9 67 Clements Morgan Brown. Coordinate ystem: NAD 93 tateplane Minnesota outh FIP 3. Data ources Include: tantec, NAD 3. Background: World treet Map Disclaimer: tantec assumes no responsibility for data supplied in electronic format. he recipient accepts full of the data. he recipient releases tantec, its officers, itle Client/ Project W MN tate Veterans Cemetery N, R35W, C o., MN, 9379 Prepared by BMM on 6--6 echnical Review by MMP on 6--6 Independent Review by JM on 6--3, :, at original document size of.5x) $ $ Page of

$Noble Ave -35-MMJ, Figure V:\93\Active\9379\3_data\gis_cad\gis\mxds\Figure3_PWI_.$ Falls MW upplement 67. Coordinate ystem: NAD 93 tateplane Minnesota outh FIP 3. Data ources Include: tantec, NAD, UG, UFW 3.

Falls MW upplement 67. Coordinate ystem: NAD 93 tateplane Minnesota outh FIP 3. Data ources Include: tantec, NAD, UG, UFW 3.

he recipient releases tantec, its officers, DNR Protected / Public Waters Inventory Water Basin* Wetland* Waterway * Not Visible Within Data Frame

4 Noble Ave -35-MMJ, Figure V:\93\Active\9379\3_data\gis_cad\gis\mxds\Figure3_PWI_.mxd Revised: 6-- By: mpichler Miller Dr 3N, R35W, 3 N, R35W, 3N, R35W, 3 N, R35W, 3 3h t County Ditch 5 County Ditch Crow Creek N, R35W, N, R35W, 3 Falls MW upplement 67. Coordinate ystem: NAD 93 tateplane Minnesota outh FIP 3. Data ources Include: tantec, NAD, UG, UFW 3. Orthophotography: 5 NAIP Disclaimer: tantec assumes no responsibility for data supplied in electronic format. he recipient accepts full of the data. he recipient releases tantec, its officers, DNR Protected / Public Waters Inventory Water Basin* Wetland* Waterway * Not Visible Within Data Frame 3 itle MN Protected/Public Waters Client/Project W MN tate Veterans Cemetery N, R35W, Co., MN :, at original document size of.5x) 9379 Prepared by BMM on 6--6 echnical Review by MMP on 6--6 Independent Review by JM on 6--3 $ $ Page of

W-u W3-u W3-w W-w 6 3N, R35W, 3 N, R35W, 3 3h t W- W- W-u W-w 6 6 6 3N, R35W, 3 N, R35W, 6 Miller Dr W-3 W- W-w W-u 6 6 6 67.

Orthophotography: 5 NAIP Disclaimer: tantec assumes no responsibility for data supplied in electronic format.

he recipient releases tantec, its officers, National Hydrography Data ample Point Waterbody Field Delineated Wetland 6 6 6

$W5-u 96 9 9 6 9 6 Falls ek Noble Ave 9 9 V:\93\Active\9379\3_data\gis_cad\gis\mxds\Figure5_FCD_.$

5 W-u W3-u W3-w W-w 6 3N, R35W, 3 N, R35W, 3 3h t W- W- W-u W-w N, R35W, 3 N, R35W, 6 Miller Dr W-3 W- W-w W-u Coordinate ystem: NAD 93 tateplane Minnesota outh FIP 3. Data ources Include: tantec, NAD, NRC 3. Orthophotography: 5 NAIP Disclaimer: tantec assumes no responsibility for data supplied in electronic format. he recipient accepts full of the data. he recipient releases tantec, its officers, National Hydrography Data ample Point Waterbody Field Delineated Wetland Perennial tream Ditch ft Elevation Contours Culvert 96 6 e N, R35W, N, R35W, 3 MW upplement 6 Cr P P W5-w 9 W-5 Cr o w W5-u Falls ek Noble Ave 9 9 V:\93\Active\9379\3_data\gis_cad\gis\mxds\Figure5_FCD_.mxd Revised: 6-- By: safoster -35-MMJ, Figure 3 Intermittent tream 5 itle Field Collected Data Client/ Project W MN tate Veterans Cemetery N, R35W, C o., MN 9379 Prepared by BMM on 6--6 echnical Review by MMP on 6--6 Independent Review by JM on 6--3 :, at original document size of.5x) $ $ Page of

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

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