Exhibit F- Army Corp NPR-Letter.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, CHICAGO DISTRICT

231 SOUTH LA SALLE STREET, SUITE 1500

CHICAGO IL 60604-1437

March 12, 2026

Regulatory Branch (LRC-2014-00775)

SUBJECT: No Permit Required (NPR) Request and Approved Jurisdictional Determination (AJD) for UIP Subproject 1 CUB within Fermi National Accelerator Laboratory, Batavia, Kane County, Illinois (Latitude 41.83921°N, Longitude - 88.26705°W)

Whitney Begner U.S. Department of Energy 9800 South Cass Avenue Lemont, Illinois 60439

Dear Ms. Begner:

The U.S. Army Corps of Engineers, Chicago District, has completed its review of your November 26, 2025 request that the U.S. Army Corps of Engineers issue a No Permit Required (NPR) letter with an approved jurisdictional determination (AJD) for the above-referenced activity. The subject project has been assigned number LRC-2014- 00775. Please reference this number in all future correspondence concerning this project.

Following a review of the aquatic resource delineation report titled, ”Fermi UIP Subproject 1”, dated July 25, 2025, prepared by V3 Companies, and a verification of the information submitted in the report, this office has determined that the subject property contains aquatic resources that are not subject to regulation under the Clean Water Act as well as "waters of the United States" that are under the jurisdiction of this office and therefore, subject to regulation under Section 404 of the Clean Water Act. Specifically, Area 2C and Area 3 were determined to be jurisdictional and Area 1, Area 2A, Area 2B, and Area 4 were determined to be non-jurisdictional.

The jurisdictional determination Memorandum for Record (MFR) decision document for the review area and aquatic resource exhibit are enclosed. This letter is considered an AJD for your subject site. If you object to this determination, you may appeal, according to 33 CFR Part 331. Enclosed you will find a Notification of Administrative Appeal Options and Process (NAO/NAP) and Request for Appeal (RFA) form. If you request to appeal the above determination, you must submit a completed RFA form to the Great Lakes/Ohio River Division Office at the address listed on the form.

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In order to be accepted, your RFA must be complete, meet the criteria for appeal, and be received by the Division Office within sixty (60) days of the date of the NAO/NAP and RFA form. Should you decide to submit an RFA form, it must be received at the above address by May 11, 2026. If you concur with the determination in this letter, submittal of the RFA form to the Division office is not necessary.

This office concurs with the conclusions in the above-referenced report, the approved ordinary high-water mark, and the finalized boundary of jurisdictional resources. Please be informed that this office does not concur with the boundaries of aquatic resources not under the jurisdiction of this office. In the event an application is submitted for work within jurisdictional areas, the approved delineation and boundary must accompany the submittal.

This determination has been conducted to identify the limits of the Corps Clean Water Act jurisdiction for the subject site identified in this request. This determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service prior to starting work.

Following a review of the information you furnished to this office, and assuming your project is conducted only as set forth in the report titled, “UP Subproject 1 – New CHW Plant and CUB Upgrades” dated February 7, 2025, this office has determined that a Department of the Army (DA) permit is not required to complete the proposed work as your request for an NPR letter states that you are not proposing to discharge dredged or fill material into any aquatic resources subject to regulation under the Clean Water Act.

As a result, this office is issuing an NPR letter for the above-referenced activity. Please be aware that any unpermitted discharge into an area within the jurisdiction of this office may result in civil or criminal enforcement under the Clean Water Act, 33 U.S.C. 1319.

This determination is valid for a period of 5 years from the date of this letter unless new information warrants revision of the determination before the expiration date or a District Commander has identified, after public notice and comment, that specific geographic areas with rapidly changing environmental conditions merit re-verification on a more frequent basis.

Further, this determination covers only your project as depicted in the plans and/or reports cited in this letter. To prevent construction materials from entering adjacent situated aquatic resources or downstream aquatic resources, this office strongly recommends implementing and maintaining appropriate soil erosion and sediment controls (SESC) measures at the project site throughout construction of the project and until all exposed soils have been stabilized with appropriate vegetation.

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It is your responsibility to obtain any required state, county, or local approvals for impacts to wetland areas not under the Department of the Army jurisdiction. For projects located in Kane County, please note that non-jurisdictional, or isolated non-waters of the United States not under the jurisdiction of the U.S. Army Corps of Engineers are regulated by the Kane County Stormwater Ordinance. For projects located in incorporated areas of Kane County, contact the certified community for information related to the ordinance. For projects located in unincorporated areas of Kane County, contact the Kane County Department of Environmental Management at (630) 208-3179.

If you have any questions, please contact this office by telephone at (312) 846-5544, or email at Stasi.F.Brown@usace.army.mil.

Sincerely, Stasi Brown Senior Project Manager Regulatory Branch

Enclosures cc:

Kane County Division of Environmental Management (Jodie Wollnik) Fermi National Accelerator Laboratory (Jonathan Hunt)