4-2021.02.04-AR-Apprvd JD Verify Encls-201900547.pdf

Wise Earth Highway 248 to Hallam Rd. Location Map Sheet

PO Box 980994 Approx. 1150 W. USGS 7.5’ Topo 1 Park City, Utah Kamas, Utah Kamas WiseEarth@msn.com Parcels CD-577 & 589-A Section 19 T2S R6E 7/6/2019

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Text Box Enclosure 1

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Enclosure 2

U.S. ARMY CORPS OF ENGINEERS

REGULATORY PROGRAM

APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)

NAVIGABLE WATERS PROTECTION RULE

Page 1 of 5 Form Version 10 June 2020_updated

I. ADMINISTRATIVE INFORMATION

Completion Date of Approved Jurisdictional Determination (AJD):January 26, 2021.

ORM Number: SPK-2019-00547.

Associated JDs: SPK-2019-00547; March 24, 2020.

Review Area Location1: State/Territory: Utah. City: Kamas. County/Parish/Borough: Summit.

Center Coordinates of Review Area: Latitude 40.6328°. Longitude -111.3023°.

II. FINDINGS

A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the corresponding sections/tables and summarize data sources.

The review area is comprised entirely of dry land (i.e., there are no waters or water features, including wetlands, of any kind in the entire review area). Rationale: N/A.

There are “navigable waters of the United States” within Rivers and Harbors Act jurisdiction within the review area (complete table in Section II.B).

There are “waters of the United States” within Clean Water Act jurisdiction within the review area

(complete appropriate tables in Section II.C).

There are waters or water features excluded from Clean Water Act jurisdiction within the review area

(complete table in Section II.D).

1 Map(s)/figure(s) are attached to the AJD provided to the requestor.

Enclosure 3

APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)

NAVIGABLE WATERS PROTECTION RULE

Page 2 of 5 Form Version 10 June 2020_updated

B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2

§ 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination

N/A. N/A. acres N/A. N/A.

C. Clean Water Act Section 404

Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3

(a)(1) Name (a)(1) Size (a)(1) Criteria Rationale for (a)(1) Determination

N/A. N/A. acres N/A. N/A.

Tributaries ((a)(2) waters):

(a)(2) Name

(a)(2) Size (a)(2) Criteria Rationale for (a)(2) Determination

Ditch L Canal M

1,320 linear feet

(a)(2) Perennial tributary contributes surface water flow directly or indirectly to an (a)(1) water in a typical year.

Ditch L is an irrigation feature dug through uplands and natural wetland areas both on (Wetlands J and K) and off site. Perennial flow has been observed in this ditch on all available aerial images and during all seasons of the year by Corps personnel. Ditch L drains west, then north, then east into the unnamed channel that intercepts Wetlands A and C. Based on these findings, Ditch L is considered an (a)(2) tributary. Canal M is a diversion from the Weber River that was constructed through uplands and wetlands along its course through the Kamas Valley. Canal M carries perennial flow into the Provo River and into Utah Lake, a TNW.

Therefore, Canal M is considered an (a)(2) tributary.

Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters):

(a)(3) Name

(a)(3) Size (a)(3) Criteria Rationale for (a)(3) Determination

N/A. N/A. acres N/A N/A.

Adjacent wetlands ((a)(4) waters):

2 If the navigable water is not subject to the ebb and flow of the tide or included on the District’s list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination.

3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form.

Page 3 of 5 Form Version 10 June 2020_updated

(a)(4) Name (a)(4) Size (a)(4) Criteria Rationale for (a)(4) Determination

Wetland A Wetland C

0.05 0.11 acres (a)(4) Wetland abuts an (a)(1)-(a)(3) water.

These wetlands are located in a roadside drainage swale that extends off site to the west and drains directly into an unnamed tributary. Perennial flow has been observed in this tributary on all available aerial images and during all seasons of the year by Corps personnel. This tributary collects ground water and irrigation runoff and exhibits some characteristics of a natural channel as it flows north under SR-248. The drainage continues north into Beaver Creek and the Weber River, then Rockport Reservoir, the nearest TNW.

Therefore, (a)(4) applies to Wetlands A and C.

Wetland J Wetland K

1.56 0.88 acres (a)(4) Wetland abuts an (a)(1)-(a)(3) water.

These features directly abut Ditch L on site, which flows from east to west in the lower half of the study area. Ditch L is an irrigation feature, dug through uplands and natural wetland areas both on (Wetlands J and K) and off site. Perennial flow has been observed in this ditch on all available aerial images and during all seasons of the year by Corps personnel. Ditch L drains west, then north, then east into the unnamed channel that intercepts Wetlands A and C. Based on these findings, Ditch L is considered an (a)(2) tributary. Therefore, (a)(4) applies to Wetlands J and K.

Wetland B Wetland D Wetland H

0.03 0.34 1.51 acres (a)(4) Wetland separated from an (a)(1)-(a)(3) water only by an artificial structure allowing a direct hydrologic surface connection between the wetland and the (a)(1)- (a)(3) water, in a typical year.

Wetlands B and D are separated from Wetlands A and C by culverts under 200 South. Wetland H continues off site to the northwest and flows through a culvert under 200 South into the unnamed tributary that drains Wetlands A and C. Based on these findings, (a)(4) applies to Wetlands B, D, and H.

D. Excluded Waters or Features

Page 4 of 5 Form Version 10 June 2020_updated

Excluded waters ((b)(1) – (b)(12)):4

Exclusion Name

Exclusion Size Exclusion5 Rationale for Exclusion Determination

Wetland E Wetland F Wetland G Wetland I

0.3 0.14 0.14 0.4 acres (b)(1) Non-adjacent wetland. These features are located in shallow depressions that retain irrigation and ground water.

Wetlands E and I do not connect to other wetlands or ditch features on or off site and were determined to be isolated under the previous Rapanos guidance on March 24, 2020. Wetlands F and G are connected to each other by Ditch Q, but do not connect to any other wetland or ditch features on or off site. Therefore, exclusion (b)(1) applies to Wetlands E, F, G, and I.

Ditch N Ditch O Ditch P Ditch Q

1,073 linear feet

(b)(5) Ditch that is not an (a)(1) or (a)(2) water, and those portions of a ditch constructed in an (a)(4) water that do not satisfy the conditions of (c)(1).

These features are ephemeral ditches constructed in uplands for irrigation purposes. These ditches are part of the larger irrigation system in the area and are typical of channelized, shallow, man-made irrigation features used to convey water from canals to irrigated pastureland or collect irrigation tailwater. These features did not relocate a tributary, were not constructed in a tributary and were not constructed in adjacent wetlands or any other waters type.

Therefore, none of these ditches are considered a tributary under (a)(2) and exclusion (b)(5) applies.

4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so. Corps districts may, in case-by-case instances, choose to identify some or all of these waters within the review area.

5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub-categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.

Page 5 of 5 Form Version 10 June 2020_updated

III. SUPPORTING INFORMATION

A. Select/enter all resources that were used to aid in this determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate.

Information submitted by, or on behalf of, the applicant/consultant: Wise Earth, "Wetlands & Waters

Delineation, Hallam Road Extension Project, Parcels CD-577-X, CD-589-A and a Portion of CD-618";

October 8, 2019.

This information is. sufficient for purposes of this AJD.

Rationale: N/A.

Data sheets prepared by the Corps: N/A.

Photographs: Aerial and Other. Google Earth 7.3.3.7692.(1993, August 23; 2011, September 14;

2013, June 4; 2017, June 22). Francis, Utah. Latitude 40.6328 Longitude -111.3023, eye alt 15,307 ft.

Retrieved January 26-27, 2021 from http://www.earth.google.com.

Historicaerials.com 1962, 1963, 1967, 1969, 1978;

Wise Earth, "Wetlands & Waters Delineation, Hallam Road Extension Project, Parcels CD-577-X, CD-589-

A and a Portion of CD-618" ground photos.

Corps site visit(s) conducted on: August 30, 2019.

Previous Jurisdictional Determinations (AJDs or PJDs): SPK-2019-00547; March 24, 2020.

Antecedent Precipitation Tool: provide detailed discussion in Section III.B.

USDA NRCS Soil Survey: N/A.

USFWS NWI maps: N/A.

USGS topographic maps: N/A.

Other data sources used to aid in this determination:

Data Source (select) Name and/or date and other relevant information

USGS Sources N/A.

USDA Sources N/A.

NOAA Sources N/A.

USACE Sources N/A.

State/Local/Tribal Sources N/A.

Other Issues N/A.

B. Typical year assessment(s): N/A.

C. Additional comments to support AJD: N/A.

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND

REQUEST FOR APPEAL

Applicant: Summit County, Brandon Brady File No.: SPK-2019-00547 Date: February 4, 2021

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

→ 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://www.usace.army.mil/cecw/pages/reg_materials.aspx 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 (address on reverse). 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 (address on reverse). 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 (address on reverse). 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 regarding 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.

Enclosure 4

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT

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 or objections 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 process you may contact:

Michael Pectol Project Manager Regulatory Division U.S. Army Corps of Engineers 533 West 2600 South, Suite 150 Bountiful, Utah 84010 Phone: (801) 295-8380 ext. 8315, FAX 916-557-7803 Email: Michael.A.Pectol@usace.army.mil

If you only have questions regarding the appeal process you may also contact:

Thomas J. Cavanaugh Administrative Appeal Review Officer U.S. Army Corps of Engineers South Pacific Division 1455 Market Street, 2052B San Francisco, California 94103-1399 Phone: 415-503-6574, FAX: 415-503-6646 Email: Thomas.J.Cavanaugh@usace.army.mil

RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation and will have the opportunity to participate in all site investigations.

Signature of appellant or agent.

Date: Telephone number:

SPD version revised December 17, 2010