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

Transcription

1 PPROVED JURISDICTIONL DETERMINTION FORM U.S. rmy Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BCKGROUND INFORMTION. REPORT COMPLETION DTE FOR PPROVED JURISDICTIONL DETERMINTION (JD): 3/7/1 B. ST PUL, MN DISTRICT OFFICE, FILE NME, ND NUMBER: MVP TJH (Manning and Hwy 3 Delineation) C. PROJECT LOCTION ND BCKGROUND INFORMTION: State: Minnesota County/parish/borough: ashington City: Stillwater Center coordinates of site (lat/long in degree decimal format): Lat N, Long Universal Transverse Mercator: Name of nearest waterbody: Browns Creek Name of watershed or Hydrologic Unit Code (HUC): 735 Upper Mississippi Region 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. REVIE PERFORMED FOR SITE EVLUTION (CHECK LL THT PPLY): Office (Desk) Determination. Date: October 7, 17 Field Determination. Date(s): September 1, 17 SECTION II: SUMMRY OF FINDINGS. RH SECTION 1 DETERMINTION OF JURISDICTION. There are no navigable waters of the U.S. within Rivers and Harbors ct (RH) jurisdiction (as defined by 33 CFR part 39) in the review area. B. C SECTION DETERMINTION OF JURISDICTION. There are no waters of the U.S. within Clean ater ct (C) jurisdiction (as defined by 33 CFR part 3) in the review area. 1. aters of the U.S.: N/. 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: There are 1 wetlands delineated within the project boundaries labeled B1 through B1, shown on the enclosed figures labeled MVP TJH Pages 1 through. Of the 1 delineated, 1 (B1-B, B1, and B1) have been determined to be isolated depressional basins. These determinations were made using aerial review of LiDR data, which shows the listed wetlands to be isolated topographically, and the US Department of griculture Soil Survey, which shows soils to be mapped as non-hydric or predominantly non-hydric. site visit was conducted on September 1, 17 by the project manager and Technical Evaluation Panel which confirmed the boundaries of the wetlands. etlands B1-B, B1, and B1 have no surface or subsurface hydrologic connections to any navigable waters or their tributaries. The waterbodies do not support links 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 interstate or foreign commerce. These wetlands do not have an ecological connection to other waters within the review area. They are surrounded by upland and have no swales, pipes, or means to connect them to waters of the US. The Corps has determined that wetlands B1, B, B3, B, B5, B, B7, B, B1, and B1 are isolated depressions, not waters of the US, and not jurisdictional under the Clean ater ct. SECTION III: C NLYSIS. TNs ND ETLNDS DJCENT TO TNs: N/ B. CHRCTERISTICS OF TRIBUTRY (THT IS NOT TN) ND ITS DJCENT ETLNDS (IF NY): N/ 1 Supporting documentation is presented in Section III.F.

2 C. SIGNIFICNT NEXUS DETERMINTION: N/ D. DETERMINTIONS OF JURISDICTIONL FINDINGS. THE SUBJECT TERS/ETLNDS RE (CHECK LL THT PPLY): N/ E. ISOLTED [INTERSTTE OR INTR-STTE] TERS, INCLUDING ISOLTED ETLNDS, THE USE, DEGRDTION OR DESTRUCTION OF HICH COULD FFECT INTERSTTE COMMERCE, INCLUDING NY SUCH TERS (CHECK LL THT PPLY): N/ F. NON-JURISDICTIONL TERS, INCLUDING ETLNDS (CHECK LL THT PPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 197 Corps of Engineers etland 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 SNCC, the review area would have been regulated based solely on the Migratory Bird Rule (MBR). aters 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:. etlands: BO1:., B:.3, B3:., B:.17, B5:.7, B:., B7:.1, B:., B1:.5, B1:.5 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:. etlands: acres. SECTION IV: DT SOURCES.. SUPPORTING DT. 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: estwood etland Delineation Report: Manning and Hwy 3 Delineation (ugust 17, 17, revised figures September 1, 17) 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 tlas: USGS NHD data. USGS and 1 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Stillwater Township USD Natural Resources Conservation Service Soil Survey. Citation: USGS ashington County Soil Survey National wetlands inventory map(s). Cite name: USFS NI & MnDNR NI State/Local wetland inventory map(s): FEM/FIRM maps: 1-year Floodplain Elevation is: (National Geodectic Vertical Datum of 199) Photographs: erial (Name & Date): Google Earth or Other (Name & Date): Previous determination(s). File no. and date of response letter: pplicable/supporting case law: pplicable/supporting scientific literature: Other information (please specify): USD ashington County LiDR data B. DDITIONL COMMENTS TO SUPPORT JD: etlands B9 and B11 were partially delineated and are not included in this Jurisdictional Determination.

3 Manning ve N th St N th St N Manning ve N Memorial ve N 5th St N 55th St N Marquess La Cv N Marquess Tr Cir N Marquess Tr Cir N Stillwater Blvd N Stillwater Blvd N Marquess La N Marquess Tr N MNTH 3 MNTH 3 Map Document: N:\13.\GIS\HV_etlands_locationEx1_1715.mxd /17/17 9:7: M MRDanzl 17 estwood Professional Services, Inc. MVP TJH Page 1 of Data Source(s): estwood (17); MnGEO MS, U.S. Department of griculture, Natural Resources Conservation Service (1) 1 Project Location Manning and Hwy 3 Delineation Stillwater Township, Minnesota Site Location and USGS TOPO Exhibit 1 5th St N Linden ve N

4 Map Document: N:\13.\GIS\HV_etlands_soilsEx3_1715.mxd /17/17 ::35 M MRDanzl 17 estwood Professional Services, Inc. MVP TJH Page of 3D 3C 3C 153C 3C 3C Data Source(s): estwood (17); MnGEO MS, U.S. Department of griculture, Natural Resources Conservation Service (1) 1 ll Hydric Predominantly Hydric 9D Manning and Hwy 3 Delineation Predominantly Non-hydric Stillwater Township, Minnesota Non-hydric Soil Resources Exhibit 3

5 MVP TJH Page 3 of Map Document: N:\13.\GIS\HV_etlands_Ex_1715.mxd /17/17 :53: M MRDanzl 17 estwood Professional Services, Inc Data Source(s): estwood (17); MnGEO MS, U.S. Department of griculture, Natural Resources Conservation Service (1) 1 -foot contours Manning and Hwy 3 Delineation Stillwater Township, Minnesota LiDR Contours Exhibit

6 MVP TJH Page of Map Document: N:\13.\GIS\HV_etlands_rkMRD_1791.mxd 9//17 :35:3 PM MRDanzl 17 estwood Professional Services, Inc. 1117SF.c. B SF.1c. B7 177SF.c. wet B3 11SF.7c. B5 7SF.c. 73SF.17c SF.3c. B B B N1 up 3311SF.c. wet 153SF.5c. B1 up B1 B9 91SF.1c. 9 pproximate OH (9.1) contour from LiDR Data N up 9 1SF.5c. 771SF 1.1c. B1 B11 Updated rea 9 9 Data Source(s): estwood (17); MnGEO MS 9 Upland Sample Point etland Sample Point Delineated etlands 9 Updated from TEP Review 9 Hy-Vee Stillwater, Minnesota Delineated etlands September, 17 Draft Exhibit 5