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

Transcription

1 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): July, 08 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Chicago District, Fermi-Lab, LRC C. PROJECT LOCATION AND BACKGROUND INFORMATION: North of Rt. 56, East of Kirk Road State: Illinois County/parish/borough: DuPage City: Batavia Center coordinates of site (lat/long in degree decimal format): Lat N, Long W. Universal Transverse Mercator: Zone 6 Name of nearest waterbody: Indian Creek, Kress Creek & Ferry Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Fox River Name of watershed or Hydrologic Unit Code (HUC): Upper Fox (070006) 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: May 7, 08 Field Determination. Date(s): May, 07, June 9, 07, August, 07 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 0 DETERMINATION OF JURISDICTION. 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. [Required] 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 38) in the review area. [Required]. 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: Farmed Wetlanda A, AA, AB, AC, AD, AE, AG, AH, AI, AJ, AK, AL, AM, AN, AO, AP, AQ, AR, AS, AT, AU, AV, AW, AX, AY, B, BA, BB, BC, BD, BE, BF, BG, BH, BL, BM, BN, BP, BQ, BR, BS, BT, BU, D, DD, E, F, G, H, I, J, K, L, M, N, O, P, T, U, V, W, X, Y & Z (64 wetlands totalling acres), are all shallow isolated farmed wetland depressions with no outlet or connection to any flowing water of the U.S. Wetland T (47. acres), is a large isolated emergent wetland surrounded by farming, and ponds and evaporates, and has no outlet or connection to any flowing water of the U.S. Eola Wetlands 4, 5 & 6 (.58 acres) are all localized isolated wetland poekets surrounded by farming, and have no outlet or connection to any flowing water of the U.S. The M.I. Pond (0.6 acre) was excavated out of hydric soil as an overflow/storage pond, but is not connected to the creek. Wetlands N5, N5, N74, N77, N78, N79, N80, N8, N8, N83 (9 wetlands totalling.5 acres) are connected to the closed circular cooling pond and ditch system associated with Casey's Pond, and therefore isolated. Wetlands N0, N0, N06, N07, N3, N4, N8, N0, N, N5, N54, N55, N56, N57, N58, N59, N60, N6, N6, N63, N64, N65, N66, N67, N68, N69, N70, N7, N7, N90, N9, N93, N96, N97, N98, N99, N00, N0, N0, N05, N06, N07, N08 and N0 (43 wetlands totalling 6.78 acres) are all depressional isolated wetland pockets with no outlet or connection to any flowing water of the U.S. Pine St Wetland (0.0 acre) formed near a culvert under a road that does not connect to anything, so is isolated. The Buffalo Drainage Wetland (0.49 acre) is a depressional wetland pocket that dries up in the summer in the middle of buffalo pasture, and has no outlet or connection to any flowing water of the U.S. PIP Wetlands,, 3, 4 & 5 (3.87 acres)are all isolated depressional wetlands with no outlet or connection to any flowing water of the U.S. [40 wetlands totalling acres). SECTION III: CWA ANALYSIS E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY): which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Supporting documentation is presented in Section III.F. Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

2 Interstate isolated waters. Explain:. Other factors. Explain:. Identify water body and summarize rationale supporting determination:. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters:.

3 F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 987 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 00 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). 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). SECTION IV: DATA SOURCES. A. SUPPORTING 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: WBK Engineering Fermi-Lab Wetland Exhibits. 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: Aurora North HA 70, 963,. USGS NHD data. USGS 8 and digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Aurora North 7.5", 993, Pick List, Pick List, Pick List,. USDA Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of DuPage County, Illinois (999). National wetlands inventory map(s). Cite name: Aurora North,. State/Local wetland inventory map(s): DuPage County ADID, Pick List,. FEMA/FIRM maps:. 00-year Floodplain Elevation is: (National Geodetic Vertical Datum of 99) Photographs: Aerial (Name & Date):. 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. ADDITIONAL COMMENTS TO SUPPORT JD: Multiple site visits to walk the farmed wetlands, and then the others. Area(s) are geographically isolated. All these wetlands are closed isolated depressions.. Area(s) do not have a hydrologic nexus.. Area(s) do not have an ecological nexus.. Area(s) do not have evidence of a subsurface flow connection to a jurisdictional water.. Area(s) do not have evidence of surface overland sheet flow.. Area(s) are not located within the flood plain.. 3

4 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): July, 08 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Chicago District, Jet Brite Car Wash, LRC C. PROJECT LOCATION AND BACKGROUND INFORMATION: 4W583 Lake Street State: Illinois County/parish/borough: DuPage City: Roselle Center coordinates of site (lat/long in degree decimal format): Lat N, Long W. Universal Transverse Mercator: Zone 6 Name of nearest waterbody: Meacham Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Des Plaines River Name of watershed or Hydrologic Unit Code (HUC): Des Plaines (070004) 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 4, 08 Field Determination. Date(s): May 3, 08 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 0 DETERMINATION OF JURISDICTION. 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. [Required] 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 38) in the review area. [Required]. 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: Wetland (0.0) is a shallow wetland that impounds against the old sidewalk berm. Wetland (0.05) is a shallow isolated wetland in the back of the site that is landlocked, and has no outlets.. SECTION III: CWA ANALYSIS E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY): which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain:. Other factors. Explain:. Identify water body and summarize rationale supporting determination:. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters:. Supporting documentation is presented in Section III.F. Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

5 F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 987 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 00 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). Wetlands: 0.06 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). SECTION IV: DATA SOURCES. A. SUPPORTING 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: EnCAP, Inc. Wetlnad Delineation Report dated June 5, 07. 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: Lombard HA 43, 964,. USGS NHD data. USGS 8 and digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Lombard 7.5", 993, Pick List, Pick List, Pick List,. USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey. National wetlands inventory map(s). Cite name: Lombard,. State/Local wetland inventory map(s): DuPage County ADID, Pick List,. FEMA/FIRM maps:. 00-year Floodplain Elevation is: (National Geodetic Vertical Datum of 99) Photographs: Aerial (Name & Date):. 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. ADDITIONAL COMMENTS TO SUPPORT JD: Site visit on May 3, 08 to walk site after large rain events. Area(s) are geographically isolated. Shallow localized depressions. Area(s) do not have a hydrologic nexus.. Area(s) do not have an ecological nexus.. Area(s) do not have evidence of a subsurface flow connection to a jurisdictional water.. Area(s) do not have evidence of surface overland sheet flow.. Area(s) are not located within the flood plain..

6 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): July 9, 08 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Chicago District, Connor Commercial Real Estate, LRC C. PROJECT LOCATION AND BACKGROUND INFORMATION: SW Corner of North Avenue and Morton Road State: Illinois County/parish/borough: DuPage City: Winfield Center coordinates of site (lat/long in degree decimal format): Lat N, Long W. Universal Transverse Mercator: Zone 6 Name of nearest waterbody: Kress Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Des Plaines River Name of watershed or Hydrologic Unit Code (HUC): Des Plaines (070004) 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, 08 Field Determination. Date(s): June 8, 08 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 0 DETERMINATION OF JURISDICTION. 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. [Required] 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 38) in the review area. [Required]. 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: Wetland is an impounded area against St. Charles Road, and Wetland is a small circular depressional feature on high ground dominated by Reed Canary Grass. There are no outlets or connections to any flowing water of the U.S.; therefore they are both isolated and non-jurisdictional.. SECTION III: CWA ANALYSIS E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY): which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain:. Other factors. Explain:. Identify water body and summarize rationale supporting determination:. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters:. Supporting documentation is presented in Section III.F. Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

7 F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 987 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 00 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). Wetlands: 0.09 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). SECTION IV: DATA SOURCES. A. SUPPORTING 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: Bollinger Environmental, Inc. Wetlan dassessment Report dated May 07 (Revised June 07). 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: West Chicago HA 0, 965,. USGS NHD data. USGS 8 and digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: West Chicago 7.5", 993, Pick List, Pick List, Pick List,. USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey. National wetlands inventory map(s). Cite name: West Chicago,. State/Local wetland inventory map(s): DuPage County ADID, Pick List,. FEMA/FIRM maps:. 00-year Floodplain Elevation is: (National Geodetic Vertical Datum of 99) Photographs: Aerial (Name & Date):. 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. ADDITIONAL COMMENTS TO SUPPORT JD: Site visit on June 8, 08 to walk site and wetland boundaries.. Area(s) are geographically isolated. Small closed depression and impoundment. Area(s) do not have a hydrologic nexus.. Area(s) do not have an ecological nexus.. Area(s) do not have evidence of a subsurface flow connection to a jurisdictional water.. Area(s) do not have evidence of surface overland sheet flow.. Area(s) are not located within the flood plain..

8 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): July 9, 08 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Chicago District, Ryan Kelly, LRC C. PROJECT LOCATION AND BACKGROUND INFORMATION: 7W407 Lake Street State: Illinois County/parish/borough: DuPage City: Addison Center coordinates of site (lat/long in degree decimal format): Lat N, Long W. Universal Transverse Mercator: Zone 6 Name of nearest waterbody: Salt Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Des Plaines River Name of watershed or Hydrologic Unit Code (HUC): Des Plaines (070004) 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, 08 Field Determination. Date(s): June 8, 08 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 0 DETERMINATION OF JURISDICTION. 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. [Required] 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 38) in the review area. [Required]. 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: Wetlands, & 3 are all small shallow isolated depressional pockets in a realtively flat landscape; and have n outlet or connection to any flowing water of the U.S.. SECTION III: CWA ANALYSIS E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY): which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain:. Other factors. Explain:. Identify water body and summarize rationale supporting determination:. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters:. Supporting documentation is presented in Section III.F. Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

9 F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 987 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 00 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). Wetlands: 0.4 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). SECTION IV: DATA SOURCES. A. SUPPORTING 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: Gary R. Weber Associates, Inc. Wetland Delineation Report dated April 4, 08. 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: Elmhurst HA 68, 963,. USGS NHD data. USGS 8 and digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Elmhurst 7.5", 993, Pick List, Pick List, Pick List,. USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey. National wetlands inventory map(s). Cite name: Elmhurst,. State/Local wetland inventory map(s): DuPage County ADID, Pick List,. FEMA/FIRM maps:. 00-year Floodplain Elevation is: (National Geodetic Vertical Datum of 99) Photographs: Aerial (Name & Date):. 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. ADDITIONAL COMMENTS TO SUPPORT JD: Site visit on June 8, 08 to walk site after heavy month of rain.. Area(s) are geographically isolated. Closed isolated depressional water featrues in disturbed landscape. Area(s) do not have a hydrologic nexus.. Area(s) do not have an ecological nexus.. Area(s) do not have evidence of a subsurface flow connection to a jurisdictional water.. Area(s) do not have evidence of surface overland sheet flow.. Area(s) are not located within the flood plain..

10 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): July 9, 08 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Chicago District, Luthin Pond - Larry Herman, LRC C. PROJECT LOCATION AND BACKGROUND INFORMATION: 43 Luthin Road State: Illinois County/parish/borough: DuPage City: Oak Brook Center coordinates of site (lat/long in degree decimal format): Lat N, Long W. Universal Transverse Mercator: Zone 6 Name of nearest waterbody: Salt Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Des Plaines River Name of watershed or Hydrologic Unit Code (HUC): Des Plaines (070004) 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, 08 Field Determination. Date(s): June 8, 08 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 0 DETERMINATION OF JURISDICTION. 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. [Required] 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 38) in the review area. [Required]. 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: Luthin Pond is a shallow pond that was excavated out of wetland, and is a local topographic depressional feature with no outlets or connection to any flowing water of the U.S.; and therefore is isolated. SECTION III: CWA ANALYSIS E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY): which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain:. Other factors. Explain:. Identify water body and summarize rationale supporting determination:. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters:. Supporting documentation is presented in Section III.F. Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

11 F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 987 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 00 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). 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). SECTION IV: DATA SOURCES. A. SUPPORTING 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: V3 Companies Wetland Determination Report dated April 0, 08 (Revised May 6, 08). 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: Hinsdale HA 86, 964,. USGS NHD data. USGS 8 and digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Hinsdale 7.5", 993, Pick List, Pick List, Pick List,. USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey. National wetlands inventory map(s). Cite name: Hinsdale,. State/Local wetland inventory map(s): DuPage County ADID, Pick List,. FEMA/FIRM maps:. 00-year Floodplain Elevation is: (National Geodetic Vertical Datum of 99) Photographs: Aerial (Name & Date): 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. ADDITIONAL COMMENTS TO SUPPORT JD: Site visit on June 8, 08 to walk entire pond perimeter and only found pipes going into pond; and evidence of flooding and evaporation as pond was down about a foot. Area(s) are geographically isolated. Closed local depressional feature in the landscape. Area(s) do not have a hydrologic nexus.. Area(s) do not have an ecological nexus.. Area(s) do not have evidence of a subsurface flow connection to a jurisdictional water.. Area(s) do not have evidence of surface overland sheet flow.. Area(s) are not located within the flood plain..