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 DA TE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): MAR B. ST PAUL, MN DISTRICT OFFICE, FILE NAME, AND NUMBER: Kr County Line Road, MVP ANM C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: WI County/parish/borough: Racine & Kenosha City: Sturtevant Center coordinates of site (lat/long in degree decimal format): Lat N, Long W. Universal Transverse Mercator: Zone 16 (X , Y ) Name of nearest waterbody: Kilbourn Road Ditch Name of watershed or Hydrologic Unit Code (HUC): Great Lakes Region ( ) to the east; Upper Mississippi Region ( ) to the west 181 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. 181 Check ifother 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): 181 Office (Desk) Determination. Date: December 7, Field Determination. Date(s): November 2 & 28, 2017 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION JO 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 329) in the review area. 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 328) in the review area. J. Waters of the U.S.: NIA 2. 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 review area contains 19 ditches (W-11, W-12a, W-12b, W-15, W-16, W-17, W-18, W-27, W-28, W-3Ia, W-32, W-33, W-34, W -37, W-42a, W-44, W-61b, W-87a, and W-90) constructed in upland and are not waters of the U.S. All of these aquatic resources were delineated by TRC Solutions in 2017 and were field reviewed by Corps staff. None of the ditches have relatively permanent flow of water and have been formed in upland during road construction before The determination of no jurisdiction for the ditches is in accordance with the 2008 Rapanos guidance and the preamble to the 1986 Corps Regulations (33 CFR Parts ), which states that the Corps does not generally consider the following to be waters of the U.S.; non-tidal drainage and irrigation ditches excavated on dry land. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs: NIA B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): NIA C. SIGNIFICANT NEXUS DETERMINATION: NIA D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): NIA 1 Supporting documentation is presented in Section IIJ.F.
2 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): NIA F. NON-JURISDICTIONAL WATERS, lncluding WETLANDS (CHECK ALL THAT APPLY): 0 If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. 0 Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. 0 Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). 0 Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: 181 Other (explain; if not covered above): Wetlands W-11, W-12a, W-12b, W-15, W-16, W-17, W-18, W-27, W-28, W- 3la, W-32, W-33, W-34, W-37, W-42a, W-44, W-61b, W-87a, and W-90 are not waters of the U.S. pursuant to the 2008 Rapanos guidance and the preamble to the Corps 1986 reguations (33 CFR Parts ). 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): 0 Non-wetland waters (i.e., rivers, streams): linear feet width (ft). 0 Lakes/ponds: acres. 0 Other non-wetland waters: acres. List type of aquatic resource: 0 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): 0 Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). 0 Lakes/ponds: acres. 0 Other non-wetland waters: acres. List type of aquatic resource: 0 Wetlands: acres. 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): 181 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: 2017 TRC Solutions wetland delineation 181 Data sheets prepared/submitted by or on behalf of the applicant/consultant. 0 Office concurs with data sheets/delineation report. 0 Office does not concur with data sheets/delineation report. 0 Data sheets prepared by the Corps: 0 Corps navigable waters' study: 181 U.S. Geological Survey Hydrologic Atlas: 181 USGS NHD data. 0 USGS 8 and 12 digit HUC maps. 181 U.S. Geological Survey map(s). Cite scale & quad name: 1 :24K WI-Sturtevant 181 USDA Natural Resources Conservation Service Soil Survey. Citation:Racine & Kenosha County 0 National wetlands inventory map(s). Cite name: 181 State/Local wetland inventory map(s):wisconsin Wetland Inventory 0 FEMNFIRM maps: 0 JOO-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) 181 Photographs: 181 Aerial (Name & Date):Google Earth ( ), Wisconsin Historic Aerial Imagery Finder (193 7 aerials) or 181 Other (Name & Date):ground level photos in draft delineation 0 Previous determination(s). File no. and date of response letter: 0 Applicable/supporting case law: 0 Applicable/supporting scientific literature: 0 Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: 2
3 t MVP-2D17-040SO.ANM Fiaure 1 of 6 LEGEND WETLAND SAMPLE LOCATION UPLAND SAMPLE LOCATION o CULVERT TRC DELINEATED WETLAND STUDY AREA BASE P1AP IW.GERY FROM GOOGlf EARTH PRO & SAMPLE POINT NUMBERS SP-218 THROUGH SP-224 WERE NOT USED. JOO IOO!!!!!!!!!!!!!!;;;;;;;;;;;;;i!!!!!!!!!!!!!!!!!!!! FMI k DELINEATION MAP - CTH KR... RLONORE R SUBl«HT )NO.L..cl OECOllER 2017 EXHIBIT A-1 4 2MS25-01mu:I IWNolflPM.S...lto &oow 'tf11111s»t5,,_.. 2t2.17'll:l12..,,,
4 ure 2 of 6 WETLAND SAMPlE LOCATION UPlAND SAMPlE LOCATION O CULVERT TRC DELINEATED WETLAND STUDYAAEA " l! i J J I! o BASE MAP IM<'.GERY FROM GOOGl.E EARTH PRO & SAMPLE POINT NUERS SP-218 THROUGH SP-224 WERE NOTUS ED. loo!!!!!s;;;;;;;;;;;lii!!!!!!!!!!!!!!!!!!!!!!l F DELINEATION MAP CTH KR R.SUDlfrlC>fT l'ltol.llo.... R.latDRE OECEMEIER.2017 EXHIBIT A 16 2Mm41,...,... d l50nortiptlrlcif.blwd..s.tlo lholf..tl,wis>cw5 Pllcflt21U ''""
5 ure 3 of 6 0 WETLAND SAMPLE LOCATION UPLAND SAMPLE LOCATION CULVERT TRC DELINEATED WETLAND STUDY AREA "! i &? a: l J I! BASE MAP lll'agery FROM GOOGLE EARTH PRO & SMf'LE POINT NU!.t!ERS SP-218 THROUGH SP-224 WERE NOT USED. 300 IOO!!!!!!!!!!!!iiiiiiiiiii!!!!!!!!!!!!!!!!!!!!!!!!Foot 4- DELINEATION MAP CTH KR R. SUEWICMT I"' ' llo. 2M52S I"" '"' tnisell R ""'"" i EXHIBIT A 16 DECallER.2011 t!ionortlptnl.lliocl_slllltllo 8'001fllld.WIW.S,._ 21U1' &1$25-0ll'oe""'d
6 ure 4 of 6 WETLAND SAMPLE LOCATION UPLAND SAMPLE LOCATION O CULVERT TRC DELINEATED WEllANJ STUDYAAEA '! l i l J i!! o BASE MAP IMAGERY FROM GOOGLE EARTH PRO & SAl\f'LE POINT NUl.t!ERS SP-218 THROUGH SP-224 WERE NOT USED. IOO JOO... DELINEATION MAP CTH KR... RLONORE DECEMIER 2017 R SUEMNICHT I"' ' lllo. EXHIBIT A -17 """ 150NorflPA'ltklM..S..1IO &W-Wl5.»15 PltOM212.17'1212 lmm.cll)odjiu
7 ure 5 of 6 O WETLAND SAMPLE LOCATION UPLAND SAMPLE LOCATION CULVERT TRC DELINEATED WETLAND STUDY AREA BASE w.1' IMAGERY FROM GOOGLE EARTH PRO & SAMPLE POINT NUMBERS SP-218 THROUGH SP-224 WERf NOT USED. loo IO<l!!!!!!!!! l!!!!!!!!!!!!!!!!!!!!!!!!fttt k DE LINEA TlON MAP CTH KR R.SUEMNIC>lT f"" -1.lllO. R.lONORE '""""' DECSIBER2011 EXHIBIT A 18 """ 1NottlP-.ctEM.,SulllllO lhonllld.wl530t$ Pl ,..... d
8 MVP ANM Figure 6 of 6 Aquatic Resource Size W-11 (RAPANOS \DELINEATE).01 acre W-12a (RAPANOS \DELINEATE).01 acre W-12b (RAPANOS \DELINEATE).01 acre W-15 (RAPANOS \DELINEATE).01 acre W-16 (RAPANOS \DELINEATE).01 acre W -17 (RAPANOS \DELINEATE).06 acre W-18 (RAPANOS \DELINEATE).03 acre W -27 (RAPANOS \DELINEATE).02 acre W-28 (RAPANOS \DELINEATE).02 acre W-31a (RAPANOS \DELINEATE).02 acre W-32 (RAPANOS \DELINEATE).01 acre W-33 (RAPANOS \DELINEATE).04 acre W-34 (RAPANOS \DELINEATE).01 acre W-37 (RAPANOS \DELINEATE).01 acre W-42a (RAPANOS \DELINEATE).02 acre W-44 (RAPANOS \DELINEATE).05 acre W-61b (RAPANOS \DELINEATE).04 acre W-87a (RAPANOS \DELINEATE).21 acre W-90 (RAPANOS \DELINEATE).33 acre
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers
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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
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers
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APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers
APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION
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