WATERS OF THE U.S. DELINEATION Conduct a waters of the U.S. delineation and ordinary high water mark identification within the existing ROW in order to map onsite aquatic features potentially regulated by the United States Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act (RHA). Field efforts will be designed to identify and delineate the boundaries of potentially jurisdictional waters of the U.S. at the project site. Note: The entire project ROW was previously delineated and permitted by the USACE in an Individual Permit dated May 31, 2017; however, the permit expired on December 31, 2022. A new delineation would be required. Collect new data throughout the existing ROW to determine the presence or absence of potential aquatic features. Utilize the methodologies as specified in the 1987 USACE Wetlands Delineation Manual, the 2010 Regional Supplement to the USACE of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region – Version 2.0, Regulatory Guidance Letter 05-05 – Ordinary High Water Mark (OHWM) Identification, and other applicable industry guidance and standards. All aquatic features will be classified in the field by either, the simplified United States Fish and Wildlife Department’s (USFWS) Xxxxxxxx System of Wetland Classification for wetlands, or observable/recorded flow regime per current United States Geologic Survey (USGS) and USACE definitions. Present the findings of the delineation in a Waters of the U.S. Delineation Technical Report.
WATERS OF THE U.S. DETERMINATION REPORT services for surface waters and wetlands will be provided. The Waters of the US Determination will be based on DLZ’s best judgment based on the guidelines set forth by the US Army Corps of Engineers for determining the jurisdictional status of surface waters and wetlands. The final determination of jurisdictional waters is ultimately made by the US Army Corps of Engineers. The service required for the Waters of the US Determination Report shall include:
WATERS OF THE U.S. FNI will perform a desktop review of the Texas Archeological Atlas to evaluate previously recorded cultural resources in the project area and determine if there is a need for further analyses to comply with Section 106 of the National Historic Preservation Act and the Texas Antiquities Code. If field surveys for cultural resources, or other additional analyses are needed, then those efforts will need to be authorized as an additional service.
WATERS OF THE U.S. Determination/Field Investigation - This includes a field review of the proposed project area, as identified by the red line on the attached map, by a qualified field biologist with water resource identification expertise. This review will be required to determine the location and amount of water resources located within the project limits. This task also includes the completion of a Waters of the U.S. Determination report to identify jurisdictional water resources within the project limits that will be regulated by the U.S. Army Corps of Engineers, Indiana Department of Environmental Management and/or the Indiana Department of Natural Resources. Please note that the Waters of the U.S. Determination cannot be completed until the growing season begins, which is late April to Early May in this area of the state.
WATERS OF THE U.S. Potential waters of the U.S. in the BSA were delineated by LSA biologist Xxxxxxx xx Xxxxxx on February 23, 2016. The delineation was performed in accordance with the 1987 Army Corps of Engineers (ACOE) Wetland Delineation Manual, the September 2008 Regional Supplement - Arid West Region, and the ACOE Regulatory Guidance Letter 08-02 regarding Preliminary Jurisdictional Delineations (June 2008). The field investigation was conducted in accordance with the ACOE Routine Approach for small areas (i.e., equal to or less than 5 acres), as described in the ACOE Manual. Waters of the U.S. within the BSA consist of Willow Creek and a small tributary, totaling 0.51 acre, as summarized in Table A below. Table A: Waters of the U.S. (Acres) Type Acres Wetlands 0.46 Non-wetland waters 0.05 Total Waters of the U.S. 0.51
WATERS OF THE U.S. Tidal waters of the U.S. (below MHW) None; adjacent to Project areaa Non‐tidal waters of the U.S. 340b Total waters of the U.S. 340 WETLANDS Non‐tidal freshwater perennial emergent wetland 1,100b Riparian scrub shrub wetland 53b Total wetlands 1,153 TOTAL PRELIMINARY USACE JURISDICTIONAL WATERS AND WETLANDS 1,493b NON‐JURISDICTIONAL UPLANDS Uplands 181 TOTAL DIKED LANDS PROJECT AREA 1,674 8 a Subject to Section 10 of the Rivers and Harbors Act.
