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Home My WebLink About20051631.tiff Soils Reports Attached to USR 996 Amendment Application Please see attached Site Soils report and accompanying Army Corps of Engineers report that indicates the area is no longer considered wetlands. 2005-1631 .fir+£NT or,.pF DEPARTMENT OF THE ARMY CORPS OF ENGINEERS,OMAHA DISTRICT ae z DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD °1' LITTLETON,COLORADO 80128-6901 �•�'' February 25, 2005 Mr. Dale Butcher Conquest Disposal Service 1610 29th Avenue Place#200 Greeley, CO 80634 RE: Injection Project,Approved Jurisdictional Determination,Isolated Wetland Corps File No. 200580101 Dear Mr. Butcher: Reference is made to a February 24, 2005 site review by Mr. Terry McKee of this office with Mr. Jim Goddard of Conquest Disposal Service. This project is located in the SE ''A of Section 8,T4N, R64W, Weld County, Colorado. This review was in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material, and any excavation activities associated with a dredged and fill project, into waters of the United States. Waters of the United States include ephemeral, intermittent and perennial streams,their surface connected wetlands and adjacent wetlands and certain lakes,ponds, irrigation and drainage ditches that have a nexus to interstate commerce. Approved jurisdictional determination: Based upon the ruling by the Supreme Court in the matter of Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers No. 99-1178 (January 9, 2001), the Department of the Army's (DA)regulatory authority over isolated,non-navigable, intrastate waters has been eliminated if the sole nexus to interstate commerce was use of the waters by migratory birds. It is apparent under the ruling above that the DA does not have the authority to regulate work in the isolated wetland at this site. This isolated wetland is not waters of the U.S. and therefore non-jurisdictional. No permit or other authorization by the DA is required for work in this isolated wetland. This approved jurisdictional determination is valid for a period of five years from the date of this letter unless new information warrants revision of the determination. The attached Jurisdictional Determination form provides the basis of jurisdiction for this isolated wetland. If the applicant wishes to appeal this approved jurisdictional determination, the attached Notification of Administrative Appeal Options form should be completed and sent to Mr. Mores Bergman at the address noted on the form. Although a DA permit will not be required for work in ,this does not eliminate the requirement that you obtain any other applicable Federal, state,tribal or local permits as required. r r If you have any questions call Mr.Terry McKee at(303) 979-4120 and reference Corps File No. 200580101. Sincerely, Timo y T. 'arey Chi. Den -r Regu . •• q ffice tm ^IURISDICTIONAL DETERMINATION Revised 8/13/04 U.S.Army Corps of Engineers DISTRICT OFFICE: Omaha District Denver Regulatory Office FILE NUMBER: 200580101 PROJECT LOCATION INFORMATION: 6tate: Colorado County: Weld Center coordinates of site(latitude/longitude): 40 19 13 104 33 59 Approximate size of area(parcel)reviewed,including uplands:_8_acres. Name of nearest waterway: South Platte River Name of watershed: Middle South Platte-Cherry Creek JURISDICTIONAL DETERMINATION Completed: Desktop determination 0 Date: Site visit(s) ® Date(s): Feb 24,2005 Jurisdictional Determination(JD): • O Preliminary ID-Based on available information,❑there appear to be(or)❑there appear to be no"waters of the United States"and/or"navigable waters of the United States"on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331). ® Approved ID—An approved JD is an appealable action(Reference 33 CFR part 331). Check all that apply: ❑ There are"navigable waters of the United States"(as defined by 33 CFR part 329 and associated guidance)within the reviewed area. Approximate size of jurisdictional area: ❑ There are"waters of the United States" (as defined by 33 CFR part 328 and associated guidance)within the reviewed area. Approximate size of jurisdictional area: ® There are "isolated,non-navigable, intra-state waters or wetlands"within the reviewed area. Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction. BASIS OF JURISDICTIONAL DETERMINATION: A. Waters defined under 33 CFR part 329 as"navigable waters of the United States": O The presence of waters that are subject to the ebb and flow of the tide and/or are presently used,or have been used in the past,or may be susceptible for use to transport interstate or foreign commerce. B. Waters defined under 33 CFR part 328.3(a)as"waters of the United States": O (1)The presence of waters,which are currently used,or were used in the past,or may be susceptible to use in interstate or foreign commerce,including all waters which are subject to the ebb and flow of the tide. .--, ❑ (2)The presence of interstate waters including interstate wetlands'. ❑ (3)The presence of other waters such as intrastate lakes,rivers,streams(including intermittent streams),mudflats, sandflats,wetlands,sloughs,prairie potholes,wet meadows,playa lakes,or natural ponds,the use,degradation or destruction of which could affect interstate commerce including any such waters(check all that apply): ❑ (i)which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ (ii)from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ (iii)which are or could be used for industrial purposes by industries in interstate commerce. ❑ (4)Impoundments of waters otherwise defined as waters of the US. ❑ (5)The presence of a tributary to a water identified in(1)—(4)above. ❑ (6)The presence of territorial seas. O (7)The presence of wetlands adjacent to other waters of the US,except for those wetlands adjacent to other wetlands. Rationale for the Basis of Jurisdictional Determination(applies to any boxes checked above). If the jurisdictional water or wetland is not itsella navigable water of the United States, describe connection(s)to the downstream navigable waters. If B(1)or B(3)is used as the Basis of Jurisdiction,document navigability and/or interstate commerce connection (i.e.,discuss site conditions, including why the waterbody is navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce).If B(2,4, 5 or 6)is used as the Basis of Jurisdiction,document the rationale used to make the determination.IffB(7)is used as the Basis of Jurisdiction,document the rationale used to make adjacency determination: Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329) ❑ Ordinary High Water Mark indicated by: ❑ High Tide Line indicated by: ❑ clear,natural line impressed on the bank ❑ oil or scum line along shore objects ❑ the presence of litter and debris 0 fine shell or debris deposits(foreshore) ❑ changes in the character of soil 0 physical markings/characteristics ❑ destruction of terrestrial vegetation ❑ tidal gages ❑ shelving ❑ other. ❑ other. ❑ Mean High Water Mark indicated by: ❑survey to available datum; 0 physical markings;❑vegetation lines/changes in vegetation types. ❑ Wetland boundaries,as shown on the attached wetland delineation map and/or in a delineation report prepared by: • 2 Basis For Not Asserting Jurisdiction: O The reviewed area consists entirely of uplands. • Unable to confirm the presence of waters in 33 CFR part 328(a)(l,2,or 4-7). ❑ Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3). ® The Corps has made a case-specific determination that the following waters present on the site are not Waters of the United States: ❑ Waste treatment systems,including treatment ponds or lagoons,pursuant to 33 CFR part 328.3. ❑ Artificially irrigated areas,which would revert to upland if the irrigation ceased. O Artificial lakes and ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering,irrigation,settling basins,or ' rice growing. ❑ Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. ❑ Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill,sand,or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(a). O Isolated,intrastate wetland with no nexus to interstate commerce. ❑ Prior converted cropland,as determined by the Natural Resources Conservation Service.Explain rationale: O Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale: ® Other(explain):This wetland is neither adjacent to nor does it flow to a waters of the U.S. It is situated in a topographic depression surrounded by upland. DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION(mark all that apply): ❑ Maps,plans,plots or plat submitted by or on behalf of the applicant. ❑ Data sheets prepared/submitted by or on behalf of the applicant. ❑ This office concurs with the delineation report,dated ,prepared by(company): ❑ This office does not concur with the delineation report,dated ,prepared by(company): O Data sheets prepared by the Corps. ❑ Corps'navigable waters'studies: 0 U.S.Geological Survey Hydrologic Atlas: ❑ U.S.Geological Survey 7.5 Minute Topographic maps: O U.S.Geological Survey 7.5 Minute Historic quadrangles: ❑ U.S.Geological Survey 15 Minute Historic quadrangles: O USDA Natural Resources Conservation Service Soil Survey: ❑ National wetlands inventory maps: O State/Local wetland inventory maps: ❑ FEMA/FIRM maps(Map Name&Date): ❑ 100-year Floodplain Elevation is: (NGVD) ❑ Aerial Photographs(Name&Date): ❑ Other photographs(Date): ❑ Advanced Identification Wetland maps: ® Site visit/determination conducted on:February 24,2005 ❑ Applicable/supporting case law: O Other information(please specify): Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual(87 Manual)(i.e., occurrence of hydrophytic vegetation,hydric soils and wetland hydrology). 2The term"adjacent"means bordering,contiguous,or neighboring. Wetlands separated from other waters of the U.S.by man-made dikes or barriers,natural river bens,beach dunes,and the like are also adjacent. ,r-. • lip i Ian e/071, )� Cow 4A, 14ta_\1:_nt a x.-D OP-0 0 ►Kih P 110 c plicant: Conquest Disposal Service [ File Number: 200580101 Date: Feb 24, 2005 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://usace.army.mil/inet/functions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit, including its terms and conditions,and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns,(b)modify the permit to address some of your objections, or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. b: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E..PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps Jrding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. I, SECTION IT77.REQUEST•FORAPPEAL or OBJECTIONS TO AN INITIAi.PR0FFERED;PERMIT;,:F '.art a REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons '�thjections are addressed in the administrative record.) • ADDITIONAL INFORMATION:The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: US Army Corps of Engineers Timothy T. Carey Northwestern Division Chief,Denver Regulatory Office Attn: Mores Bergman,Appeal Officer 9307 South Wadsworth Boulevard 12565 West Center Road Littleton,CO 80128 Omaha,Nebraska 68144-3869 (303)979-4120 Telephone(402)697-2533 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government resultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day L .ce of any site investigation,and will have the opportunity to participate in all site investigations. SITE SOILS Excerpted from Soil Survey of Weld County. Colorado Southern Part United States Department of Agriculture Soils Conservation Service. 4. Aquolls and Aquepts, flooded. This nearly level map unit is in depressions in smooth plains and along the bottoms of natural drainage ways throughout the survey area. Aquolls, which have a dark colored surface layer, make up about 55 percent of the unit. Aquepts, which have a lighter colored surface layer, make up about 25 percent. About 20 percent is soils that are well drained and soils that have sandstone or shale within 48 inches of the surface. These are deep, poorly drained soils that formed in recent alluvium. No one pedon is typical. Commonly the soils have a mottled, mildly to moderately alkaline loamy or clayey surface layer and underlying material that extends to a depth of 60 inches or more. In places they have a gleyed layer in the underlying material. Most of the acreage is subject to excessive runoff. The water table is at or near the surface in spring and during the peak of the irrigation season. These soils are used for rangeland and wildlife habitat. Some small areas are irrigated pasture. The potential native vegetation is dominated by switchgrass, prairie cordgrass, saltgrass, alkali sacaton, big bluestem, indiangrass, western wheatgrass, slender wheatgrass, sedge, and rush, Cattails and bullrush grow in the swampy spots associated with these range sites. Potential production ranges from 4,000 pounds per acre in favorable years to 3,000 pounds in unfavorable years. As range condition deteriorates, the tall and mid grasses decrease, production drops, and saltgrass, sedge, and rush increase. The farming and irrigation in adjacent areas has increased the amount of salts on much of the acreage. Management of vegetation on this soil should be based on taking half and leaving half of the total annual production. Swithhgrass, big bluestem, indiangrass, western wheatgrass, pubescent wheatgrass, intermediate wheatgrass, tall wheatgrass, and tall fescue are suitable for seeding. The plants selected should meet the seasonal requirements of livestock. For successful seeding, a firm prepared seedbed in needed. A grass drill should be used. seeding early in spring has proven most successful. Tillage is needed to eliminate the undesirable vegetation. Wetland wildlife, especially waterfowl, utilize this unit. The wetland plants provide nesting and protective cover as well as some food. The nearby irrigated cropland, where wildlife obtain much of their food and find protective cover, makes this unit valuable to both wetland and openland wildlife. Openland wildlife, especially pheasant, use this unit for cover and nesting. Deer fmd excellent cover in some areas. These valuable wildlife areas should be protected from fire and fenced to prevent encroachment and overuse by livestock. They should not be drained. Capability subclass VIw; Aquolls in Salt Meadow range site, Aquepts in Wet Meadow range site. r� Hello