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

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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): August 4, 08 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Chicago District, Logistics Property Management, LRC C. PROJECT LOCATION AND BACKGROUND INFORMATION: SE of I-57 and Cicero Avenue State: Illinois County/parish/borough: Cook City: Country Club Hills Center coordinates of site (lat/long in degree decimal format): Lat N, Long W. Universal Transverse Mercator: Zone 6 Name of nearest waterbody: Midlothian Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Calumet-Sag Channel Name of watershed or Hydrologic Unit Code (HUC): Little Calumet-Galien ( ) 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: July 9, 08 Field Determination. Date(s): July 7, 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 a shallow wetland feature that has a weak overland flood connection to Wetland 3. Wetland 3 has a weak overland flood connection to Wetland, which abuts Waters. Wetlands adjacent to other wetlands are not jurisdictional; and therefore Wetlands & 3 are considered isolated, and non-jurisdictional. Wetland 4 is a small isolated depressional feature sloped to the north that impounds against the roadway berm. 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.

2 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: 0.75 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: CBBEL Wetland Assessment Report dated May 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:Harvey HA 90, 964,. USGS NHD data. USGS 8 and digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Harvey 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: Harvey,. State/Local wetland inventory map(s): 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:. Area(s) are geographically isolated. Shallow wetland features formed after site grading. 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 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): August 0, 08 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Chicago District, Green Glen Nursery, LRC C. PROJECT LOCATION AND BACKGROUND INFORMATION: NE Corner of Laraway Road and Cherry Hill Road State: Illinois County/parish/borough: Will City: Joliet Center coordinates of site (lat/long in degree decimal format): Lat N, Long W. Universal Transverse Mercator: Zone 6 Name of nearest waterbody: Sugar Run 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: July 0, 08 Field Determination. Date(s): July 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 A was created in a shallow pocket due to site irrigation; and has persisted after a year without irrigation; however, it is in a samm isolated depressional area where they had a soil borrow pit. Wetland B formed due to irrigation, and may have had a prior significant nexus during nursery operation; however, due to ceasing of irrigation, Wetland B is drying out, and no longer has flow off-site via the drainage ditches.. 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.

4 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: 0.58 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: Wetland Resource Review dated September 07, prepared by Ruettiger, Associates, Inc.. 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:Elwood HA 54, 967,. USGS NHD data. USGS 8 and digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Elwood 7.5", 993, Pick List, Pick List, Pick List,. USDA Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Will County, Illinois (004). National wetlands inventory map(s). Cite name: Elwood,. State/Local wetland inventory map(s): 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 with soil probes to verify all clay in shallow depression for Wetland A. Wetland B is drying out as well due to ceasation of irrigation; and water was not present in drainage ditch after week of heavy rain, so no longer draining to creek during rain events as it did historically. Area(s) are geographically isolated.. 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..

5 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): August, 08 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Chicago District, Exxon Mobile, LRC C. PROJECT LOCATION AND BACKGROUND INFORMATION: SE of I-55 and Arsenal Road State: Illinois County/parish/borough: Will City: Channahon Center coordinates of site (lat/long in degree decimal format): Lat N, Long W. Universal Transverse Mercator: Zone 6 Name of nearest waterbody: Jackson 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: July, 08 Field Determination. Date(s): July 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: Wetlands B, C, D, E, F, G, H & I are all small localized wetland depressional features; and have no 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.

6 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: 5.6 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: Arcadis Surface Water Delineation Report dated January 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:Channahon HA 36, 97,. USGS NHD data. USGS 8 and digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Channahon 7.5", 993, Pick List, Pick List, Pick List,. USDA Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Will County, Illinois (004). National wetlands inventory map(s). Cite name: Channahon,. State/Local wetland inventory map(s): 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): GIS review and Google Earth aerials. B. ADDITIONAL COMMENTS TO SUPPORT JD: Site visit on July 3, 08 with consultant to walk every wetland boundary to confirm if isolated or not; and many were created features as well. Area(s) are geographically isolated. All these wetlands are closed isolated depressional features. Area(s) do not have a hydrologic nexus. None drain off-site. 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..

7 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): August 0, 08 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Chicago District, Jackson Generation, LRC C. PROJECT LOCATION AND BACKGROUND INFORMATION: Several areas between Joliet & Elwood State: Illinois County/parish/borough: Will City: Elwood Center coordinates of site (lat/long in degree decimal format): Lat N, Long W. Universal Transverse Mercator: Zone 6 Name of nearest waterbody: Cedar 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: July 8, 08 Field Determination. Date(s): July 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: Sites 5, 6, 7, 8 & 9 are all closed isolated depressional wetlands with no 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.

8 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: Huff & Huff, Inc. Wetland and Waterway Investigation Report dated January 3, 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:Elwood HA 54, 967,. USGS NHD data. USGS 8 and digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Elwood 7.5", 993, Pick List, Pick List, Pick List,. USDA Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Will County, Illinois (004). National wetlands inventory map(s). Cite name: Elwood,. State/Local wetland inventory map(s): 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 July 3, 08 to walk all wetland boundaries to look for any possible connections. Area(s) are geographically isolated. Closed isolated depressional wetland features. Area(s) do not have a hydrologic nexus. Water does not leave these wetlands. 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..

9 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): August, 08 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Chicago District, John DiMoulis, LRC C. PROJECT LOCATION AND BACKGROUND INFORMATION: Lot, Powers Road State: Illinois County/parish/borough: Kane City: Gilberts Center coordinates of site (lat/long in degree decimal format): Lat N, Long W. Universal Transverse Mercator: Zone 6 Name of nearest waterbody: South Branch Kishwaukee River Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Rock River Name of watershed or Hydrologic Unit Code (HUC): Kishwaukee ( ) 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: July, 08 Field Determination. Date(s): July 6, 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 occassionaly drains west via a small culvert pipe into a large localized depressional wetland feature which is isolated, and acts as a natural regional stormwater feature; therefore, wetland 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.

10 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: Engineering Resource Associates Wetland Delineation Report dated apirl 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:Pingree Grove HA 3, 967,. USGS NHD data. USGS 8 and digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Pingree Grove 7.5", 99, Pick List, Pick List,. USDA Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Kane County, Illinois (003). National wetlands inventory map(s). Cite name: Pingree Grove,. State/Local wetland inventory map(s): Kane 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): Google Earth and GIS Review of maps and aerials. B. ADDITIONAL COMMENTS TO SUPPORT JD: This wetland drains into another wetland only during major rain events; and the large wetland complex to the west is isolated; so this wetland is isolated. Area(s) are geographically isolated.. 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..

11 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): August, 08 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Chicago District, Algonquin Meadows, LLC; LRC C. PROJECT LOCATION AND BACKGROUND INFORMATION: NE Corner of Randall Road and Longmeadow Parkway State: Illinois County/parish/borough: Kane City: Gilberts Center coordinates of site (lat/long in degree decimal format): Lat N, Long W. Universal Transverse Mercator: Zone 6 Name of nearest waterbody: Fox River 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: July, 08 Field Determination. Date(s): July 6, 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 C is a localized depressional wetland feature along Randall Road, and has equalizer pipes with the wetland on the opposite side of Randall Road. There are no storm sewer pipes or connections for this wetland. Wetland B is now connectd, and drains to, the Historic Borrow Pit, which ponds and evaporates, and has no outlets. Weltand A is a natural ponded wetland pocket in a localized depressional feature in the landscape that ponds and evaporates, and has no outlets. All these wetland features are therefore 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.

12 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: 6.0 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: Midwest Ecological Wetland Delineation Report dated May 9, 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:Crystal Lake HA 53, 967,. USGS NHD data. USGS 8 and digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Crystal Lake 7.5", 99, Pick List, Pick List,. USDA Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Kane County, Illinois (003). National wetlands inventory map(s). Cite name: Crystal Lake,. State/Local wetland inventory map(s): Kane 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): Kane County has already made a field visit and concurred with isolated findings. B. ADDITIONAL COMMENTS TO SUPPORT JD: Site visit on July 6, 08 with wetland consultant to walk entire property and review historical information. Area(s) are geographically isolated. Closed isolated depressions. Area(s) do not have a hydrologic nexus. Water does not leave site. 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..

13 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): August 4, 08 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Chicago District, Highland Park Country Club, LRC C. PROJECT LOCATION AND BACKGROUND INFORMATION: NE of Rt. 4 and Park Ave. West State: Illinois County/parish/borough: Lake City: Highland Park Center coordinates of site (lat/long in degree decimal format): Lat N, Long W. Universal Transverse Mercator: Zone 6 Name of nearest waterbody: Skokie River Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: North Branch, Chicago River Name of watershed or Hydrologic Unit Code (HUC): Chicago (070003) 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: July 9, 08 Field Determination. Date(s): July, 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 ac) is a small micro-depression in the fairway. Wetland is a sloped drainage feature in the woods that is sloped to the west and ponds against an earthen berm. Pond is a large excavated pond with a pump house they use to irrigate the golf course that was excavated out of hydric soil; but it has no outlet or connection to the river. Pond 3 is a long narrow pond the shows evidence of flooding and evaporation; and has no outlet or connection to the river. 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.

14 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). Lakes/ponds: 7.5 acres. Wetlands: 0.08 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: Hey and Associates, Inc. Wetland Boundary Exhibit. 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: Highland Park HA 69, 963,. USGS NHD data. USGS 8 and digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Highland Park 7.5", 993, Pick List, Pick List,. USDA Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Lake County, Illinois (005). National wetlands inventory map(s). Cite name: Highland Park,. State/Local wetland inventory map(s): Lake 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 July, 08 to walk golf course and look for possible connections. Area(s) are geographically isolated. Closed isolated depressions. Area(s) do not have a hydrologic nexus. Water does not leave these areas. 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..

15 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): August 4, 08 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Chicago District, Components Management Group, LRC C. PROJECT LOCATION AND BACKGROUND INFORMATION: NW of Rt. 9 & Barrington Road State: Illinois County/parish/borough: Cook City: Streamwood Center coordinates of site (lat/long in degree decimal format): Lat N, Long W. Universal Transverse Mercator: Zone 6 Name of nearest waterbody: Poplar 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: July 9, 08 Field Determination. Date(s): July 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: The three shallow wetlands formed on top of a former commercial building pad, and are several feet higher in elevation than the surrounding area and natural wetland/creek system off-site; therefore wetlands, & 3 are isolated and non-jurisdicitonal. 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.