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

Transcription

1 APPROED JRSDCTONAL DETERMNATON ORM.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section of the JD orm nstructional Guidebook. SECTON : BACKGROND NORMATON A. REPORT COMPLETON DATE OR APPROED JRSDCTONAL DETERMNATON (JD): April, 1 B. ST PAL, MN DSTRCT OCE, LE NAME, AND NMBER: Preferred Sands of MN MP DAS C. PROJECT LOCATON AND BACKGROND NORMATON: State:Minnesota County/parish/borough: Le Sueur County City: Center coordinates of site (lat/long in degree decimal format): Lat..7 N, Long W. niversal Transverse Mercator: Name of nearest waterbody: Minnesota River Name of watershed or Hydrologic nit Code (HC): Middle Minnesota ( Digit 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. REEW PERORMED OR STE EALATON (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: September, 17 ield Determination. Date(s): SECTON : SMMARY O NDNGS A. RHA SECTON 1 DETERMNATON O JRSDCTON. There are no navigable waters of the.s. within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CR part 39) in the review area. B. CWA SECTON DETERMNATON O JRSDCTON. There are no waters of the.s. within Clean Water Act (CWA) jurisdiction (as defined by 33 CR part 3) in the review area. 1. Waters of the.s.: N/A. Non-regulated waters/wetlands (check if applicable): 1 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: The review area (approximately 7 acres) contains 3 waterbodies (Q1 through Q1, wetland A through wetland P, ditch 1 and, and wetland 1a, 1b,, and 3) that are found to be isolated basins that have no surface hydrologic connection to a traditional navigable waters (TNWs) or there tributaries (see igure 1 (north) and (south)). Wetlands Q1 through Q1 and wetland A through wetland P were delineated by Barr Engineering in October 11 (Project Area - 11 Delineation bounded in red in attached drawings). The wetland boundaries were updated by &S Group in May 17. Ditch 1 and, and wetland 1a, 1b,, and 3 were delineated by &S Group on October 9, 1 (Project Area - 1 Delineation bounded in orange in attached drawings). The wetland sizes are as follows: Wetland Size (acres) Wetland Size (acres) Wetland Size (acres) Q1.3 Q. B.7 Q.1 Q3. C.1 Q3.1 Q.1 D. Q 1.7 Q. E. Q. Q.. Q.1 Q7.1 G. Q7. Q 1. H. Q.1 Q Q9. Q3.3 J.7 Q1.3 Q31 1. K.13 Q11.1 Q3. L. Q1. Q M. 1 Supporting documentation is presented in Section..

2 Q13. Q3. N.3 Q1.1 Q3.9 O.9 Q1.1 Q3 1. P.3 Q1.1 Q37.9 Ditch 1. Q17.7 Q3 1.1 Ditch. Q1 1 Q39. Wetland 3.1 Q19 3. Q.7 Wetland 1a.1 Q.1 Q1 1. Wetland 1b.1 Q1. A.1 Wetland.1 The review area is located on a bluff that is feet above the Minnesota River floodplain. The Minnesota River is the closest traditional navigable water (TNW), as it is located due west approximately,-1, feet from the review area, depending on the location of the river meanders. The review area is outside the -year floodplain of the river. As depicted by the SGS topographic map, one intermittent stream crosses the eastern project boundary and enters Wetland 3. No other streams are located in the review area, as shown by the NHD or SGS topographic map (1:,). Wetlands Q1 through Q3 are identified as quarry ponds by the applicant. These waterbodies were created as part of mining activities. However, the waterbodies appear to be vegetated which suggests that no appreciable mining activities are currently being conducted in or around these waterbodies. They are found to be isolated basins that have no surface hydrologic connection to a traditional navigable waters (TNWs) or their tributaries. Wetlands Q31 through Q1 and wetlands K, L, and M are also identified as quarry ponds by the applicant. These waterbodies were created as part of mining activities. The waterbodies are located in or adjacent to active mining activities and appear to be part of the active mining activity. Wetlands A,, J, N, and O are vegetated, historical wetlands that have likely been affected by mining activities. A ditch segment is evident in aerial photos to the north of wetland A. Previously, the ditch received water from a pipe that conveyed water from the mining operation to the northern extent of the ditch, which then flows south until it confluences with wetland A. Surface water is only evident in the ditch in one of twelve aerial photographs reviewed. t is apparant that the ditch section does not naturally maintain an ordinary high water mark without input from the mining operation. Wetlands B, C, D, E,, G, H, P, and wetland 3 are vegetated, historical wetlands in depressional basins that occur in pastures grazed by cattle. Wet signatures are evident in some aerial photos around wetlands B and C. These areas were investigated on-site by a representative of &S Group on May 11, 17 and no evidence of wetland hydrology was observed. Typical upland vegetation was observed in these areas including smooth brome, timothy, and Canada thistle. n comparison, wetland B and C were observed to be mud flats with obvious wetland hydrology. ield observation confirmed no surface water drainage from the delineated wetlands. Ditch 1 is a seasonally flooded swale fed by upland drainage from culverts under roads and the railroad to the east. Ditch is a seasonally flooded wetland fed by drainage from the south. Ditch 1 and are tributary to wetland 3. A ditch is evident in wetland N and 3 that flows north and west from the review area. The ditch extends through a series of wetland basins that can be traced through a series of wet and dry swales to a culvert under th Street to the north of the review area. This area was reviewed as part of a jurisdictional determination (JD) that was approved on June 1, 1 as part of the nimin South Mine. The approved JD documented that the Corps visited the site in November 11 to determine if there could be a potential outlet under th Street. The Corps found a series of wetlands and wet swales, but did not find a continuous wetland to the culvert under th Street. The Corps noted the presence of a culvert under th Street. A culvert is still present in more recent aerial photographs in approximately the same location as the culvert observed in 11. The Corps also noted the presence of an approximately -footlong drainage swale that slopes from the culvert south toward a small, circular depression (about. acre in size). Thus, it appears runoff from th Street may follow this swale toward the small, circular depression. The drainage swale did not have an ordinary high water mark (OHWM); it consisted of a very narrow sandy/rock swale, vegetated with smooth brome (upland species) and sumac shrubs on either side of the swale. The swale was dry at the time of the Corps site visit. The Corps found that the culvert at

3 th Street is several feet higher in elevation than the depressional area; as such it is unlikely that water moves north from the depressional area. The depressional area is located within a closed depression drawn on the SGS 1:, topographic map. The elevation difference between the th Street culvert and the depressional area was confirmed with LiDAR mapping; one-foot contours of this area show that land adjacent to th Street is at an approximate elevation of 9 feet, while the depressional area has a bottom elevation of about 797 feet. sing the one-foot contours and aerial photography, the Corps noted that the closed depression drawn on the SGS topographic map, which includes an approximately.-acre cropped field located north and east of the depressional area, would have to be completely inundated (to an elevation of about feet) before water would move out of the culvert under th Street. This area is mapped as upland soils (Copaston loam) and aerial photos do not show wet signatures with the exception of the SGS 19 photograph. According to the National Cooperative Soil Survey, Copaston series consists of shallow, somewhat excessively drained soils that formed in a mantle of glacial drift or alluvial sediments over limestone bedrock on terraces and uplands. These soils have moderately rapid permeability. t appears the depressional area may act as a sinkhole for water from the north (th Street) and the east which includes the review area. Wetland 1a and 1b are located in basins between a gravel road and the railroad along the east edge of the site. Wetland is an open water basin along a gravel road along the east edge of the site. Wetland 1a and 1b appear to have been previously part of wetland A that became segmented as a result of the construction of the gravel road. Wetland 1a and 1b are below an elevation of. The wetlands are located in a ditch that is formed by the gravel road and the railroad. The elevation of the ditch bottom climbs up to an elevation of within 7 feet of the wetland edge. The SGS Topographic map identifies the wetland area that is partially made up by wetlands 1a, 1b, and as a closed depression. The wetland is completely bound by the elevation contour line with no surface water connection to any other waterbodies. The southern most extent of the wetland depression is approximately 1,7 linear feet from an unnamed tributary to the Minnesota River. The soils in this area is also mapped as Copaston loam and is listed as not hydric. This area was investigated on aerial photography to determine if a potential ditch or swale could convey surface flow to a waterbody. t was evident that there is no surface water drainage feature that is capable of carrying flow through this section. The section includes an active pasture area and a residential yard with no surface water drainage feature in any year observed (19,,, 9, 1, 13, and 1). Available mapping resources, including recent aerial photography (SA -1,, 3, and SGS 19), the NRCS Le Sueur County Soil Survey, the National Wetland nventory (NW), and SGS 1:, topography map, indicate that the delineated wetlands are surficially hydrologically isolated. These wetlands are all located on the relatively flat terrace that is feet above the Minnesota River floodplain. None of these mapping resources indicate there is a surface water connection or drainage pattern between these wetlands and another water of the nited States. Also, the delineations depict each of these wetlands as part of isolated basins with no outlets or surface water connections to any other wetlands or waterbodies. 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 commerce. Thus, the Corps determined that the 3 wetlands and waterbodies listed above and shown on the attached drawings are isolated and non-jurisdictional for Section Clean Water Act purposes SECTON : CWA ANALYSS A. TNWs AND WETLANDS ADJACENT TO TNWs: N/A B. CHARACTERSTCS O TRBTARY (THAT S NOT A TNW) AND TS ADJACENT WETLANDS ( ANY): N/A C. SGNCANT NEXS DETERMNATON: N/A D. DETERMNATONS O JRSDCTONAL NDNGS. THE SBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): N/A E. SOLATED [NTERSTATE OR NTRA-STATE] WATERS, NCLDNG SOLATED WETLANDS, THE SE, DEGRADATON OR DESTRCTON O WHCH COLD AECT NTERSTATE COMMERCE, NCLDNG ANY SCH WATERS (CHECK ALL THAT APPLY): N/A 3

4 . NON-JRSDCTONAL WATERS, NCLDNG WETLANDS (CHECK ALL THAT APPLY): f potential wetlands were assessed within the review area, these areas did not meet the criteria in the 197 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 1 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): 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:.7 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 : DATA SORCES. A. SPPORTNG 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 Delineation Report dated October 11 and updated June, 17. &S Group wetland delineation dated October 9, 1. 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:.s. Geological Survey Hydrologic Atlas: SGS NHD data. SGS and 1 digit HC maps..s. Geological Survey map(s). Cite scale & quad name:sgs 1:K Quad Name Saint Peter SDA Natural Resources Conservation Service Soil Survey. Citation: Le Sueur County National wetlands inventory map(s). Cite name:s WS 1 State/Local wetland inventory map(s): EMA/RM maps: 1-year loodplain Elevation is: (National Geodectic ertical Datum of 199) Photographs: Aerial (Name & Date):SA 1, 13, -1,, 3, and SGS 19 or Other (Name & Date): Previous determination(s). ile no. and date of response letter: Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): B. ADDTONAL COMMENTS TO SPPORT JD:

5 T19N R7W T111N RW T111N R7W 19 Long T111N RW T19N R7W Le Sueur County T19N RW Nicollet County Project Area-11 Delineation Project Area-1 Delineation 11 Site Location T19N 1 T11N RW 99 T11N R7W T11N RW 99 T19N RW T19N RW T19N R7W T19N R7W T19N R7W M N N E SO T A T11N RW Le Sueur County Kasota T19N RW T19N RW Blue Earth T19N RW T19N R7W T1N RW T1N 1 R7W T1N RW Site Location 9A Nicollet 9D Blue Earth T19N RW T1N R7W Blue Earth County 19 T1N RW C cre kr o d cr o a s T1N R7W T1N RW T1N RW S:\Projects\1 PROJ\1-199\11 nimin Kasota Southeast Mine\11 GS\11 MapDocs\11 BARR Delineation Confirmation\11 Location Map.mxd T11N RW RW T19N RW 11 T19N R7W T19N T19N R7W R7W T11N RW ) " T19N R7W Legend T111N RW T111N RW T19N R7W Nicolle t 19 itc h D H PN: 1-11 Source(s): Municipalities (MN DOT, //1) Lakes (MN DNR, July, ) Counties (MN DNR, July 13) PLSS (MnGeo/SGS) 3,, 1, eet 1 inch = 1, feet Tuesday, September 1, 17 Project Location Map Preferred Sands of Minnesota Kasota, Le Sueur County, Minnesota MP-11-9-DAS (AJD 17) Drawing 1 of 7

6 19 Long Lake 1-W 7 1 Barr ooter: ArcGS 1., :7 ile: :\Projects\3\\11\Maps\Reports\Wetlands\igure 1 SGS Quad Map and PW.mxd ser: arm SGS 7. Minute Quads: North Star, 1977; St. Peter, 19; Mankato West, 1993; & Mankato East, 1993 PW Watercourses PW Basins Minor Watershed Boundaries, 1,, Project Boundary County Boundary 7 eet Scale: 1 inch = 1, feet 7 igure 1 SGS QAD MAP AND PBLC WATERS NENTORY Wetland Delineation Report Preferred Sands Kasota Mine MP-11-9-DAS (AJD 17) Drawing of 7

7 PEMA d PO1/EMC d d d 37th Ave d th St x x x x x x rd Ave 7th St PO1C x PO1A PO1A x d Barr ooter: ArcGS 1., :9 ile: :\Projects\3\\11\Maps\Reports\Wetlands\igure National Wetlands nventory.mxd ser: arm PB d PO1Cd Le Sueur County Blue Earth County d magery Source: SA, 1. PO1Cd th St reshwater Emergent Wetland reshwater orested/shrub Wetland reshwater Pond Project Boundary County Boundary x PEMAd PBGh PB 7 Quarry Creek Rd Red ron Rd Pheasant Run Rd th St d PEMAd d igure NATONAL WETLANDS NENTORY 1, 7 1, Wetland Delineation Report Preferred Sands Kasota Mine eet Scale: 1 inch = 1, feet MP-11-9-DAS (AJD 17) Drawing 3 of 7

8 th St Legend 1 Quarry Pond 17 pdates Quarry Pond solated Partial-ncidental solated ncidental solated Natural Boutwell ield Delineation Project Area Q Q Q Q Q13 Q7 Q9 Q11 Q1 Q Q1 Q1 Q1 Q1 P Q17 Q1 Q1 Q 9 7 th S t Q3 Q S:\Projects\1 PR OJ\1-199\11 nimin Kasota Southeast Mine\11 GS\11 MapDocs\11 BARR Delineation Confirmation\11 BA RR Wetland B ase Map north 17 updates.mxd Q3 Q1 Q Q Q19 Q7 1 3 t Q ha ve Q Q3 Q3 Q31 Q33 Q3 PN: 1-11 Source(s): Orthophoto (SDA, NAP, 1) SG Confirmation May 11, 17 Q9 Q3 N 3 Q3 O th St inch = 7 feet 7 eet Wednesday, July, 17 igure 1 (north) Wetland Boundary erification Preferred Sands of Minnesota Kasota, Le Sueur County, Minnesota MP-11-9-DAS (AJD 17) Drawing of 7

9 Legend N 3 O th St t h St M Q37 L J K " ) 11 Quarry Creek Rd 17 Quarry Pond pdates Quarry Pond solated Partial-ncidental solated ncidental solated Natural Boutwell ield Delineation Project Area Q39 Q G Q1 S:\Projects\1 PR OJ\1-199\11 nimin Kasota Southeast Mine\11 GS\11 MapDocs\11 BARR Delineation Confirmation\11 BA RR Wetland B ase Map south 17 updates.mxd Prairie Cov e Rd H Shakpays Rd 1 E D 1 C A B 3th A ve CSA H PN: 1-11 Source(s): Orthophoto (SDA, NAP, 1) SG Confirmation May 11, inch = feet eet Wednesday, July, 17 igure 1 (south) Wetland Boundary erification Preferred Sands of Minnesota Kasota, Le Sueur County, Minnesota MP-11-9-DAS (AJD 17) Drawing of 7

10 7 7 9 ha ve 3 t igure 1 (north) S:\Projects\1 PR OJ\1-199\11 nimin Kasota Southeast Mine\11 GS\11 MapDocs\11 BARR Delineation Confirmation\to Corps\11 B ARR Wetland Base Map north 17 Corps updates.mxd Wednesday, August 3, inch = 7 feet 7 eet SG Confirmation May 11, 17 Orthophoto (SDA, NAP, 1) O th St 3 3 N Q3 PN: 1-11 Source(s): Ditch 9 Ditch 1 Wetland Q9 1 Q3 1 1 Q33 Q31 1 Q Q 1 7 th S t 9 Q3 7 Q Q19 Q7 Q1 1 Q3 1 Q1 Q Q3 P 1 Q1 Q Q1 1 Q Q 1 Q17 1 Q11 Q1 Q1 Q Q Q9 Q7 Q Q1 1 Q Q ' Contour ' Contour Q3 1 1 Q1 Q LiDAR Elevations th St Project Area - 11 Delineation Project Area -1 Delineation Quarry Pond 17 pdates 1 Quarry Pond solated Partial-ncidental 1 solated ncidental solated Natural Legend 1 Wetland Boundary erification Preferred Sands of Minnesota Kasota, Le Sueur County, Minnesota MP-11-9-DAS (AJD 17) Drawing of 7

11 th Ave Orthophoto (SDA, NAP, 1) SG Confirmation May 11, inch = feet eet Wednesday, August 3, igure 1 (south) Quarry Creek Rd 1 CSA H PN: 1-11 Source(s): Wetland 1b 1 1 A Wetland 1a Wetland B C E D Shakpays Rd Q1 H Q 1 Q39 G K Q37 " ) 9 L Prairie Cov e Rd t h St 7 J 1 9 M S:\Projects\1 PR OJ\1-199\11 nimin Kasota Southeast Mine\11 GS\11 MapDocs\11 BARR Delineation Confirmation\to Corps\11 B ARR Wetland Base Map south 17 Corps updates.mxd 9 O th St 3 N Project Area - 1 Delineation Project Area - 11 Delineation 17 Quarry Pond pdates Quarry Pond solated Partial-ncidental solated ncidental solated Natural LiDAR Elevations 1' Contour ' Contour Legend Wetland Boundary erification Preferred Sands of Minnesota Kasota, Le Sueur County, Minnesota MP-11-9-DAS (AJD 17) Drawing 7 of 7