an appealable rn on available information · 2012. 7. 3. · applicant: neumann homes project...

23
APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater Road in Jackson Township, Will County, Illinois FILE NUMBER: 200600003 PROJECT REVIEW COMPLETED: rn Office UField Approved Jurisdictional Determination (JD) (For Sites regulated under 33 CFR 320-330). An approved JD IS an appealable action. (33 CFR 33 1.2) Based on available information: rn There are no waters on the project site. q There are non-jurisdictional waters on the project site. q There are waters of the United States on the project slte. q There are both waters of the United States and non-jurisdictional waters on the project site. Basis of Jurisdictional Determination: q There are no jurisdictional waters of the United States present on the project site. q The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(l)) q The presence of interstate waters (including interstate wetlands'). (33 CFR 328.3 (a)(2)) q The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) q The presence of wetlands adjacent2 ( bordering, contiguous, or neighboring) to interstate or other waters of the US, except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) The presence of an isolated water (e.g., intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds). Other: Section I0 waterway. Information Reviewed IXI U. S. Fish and Wildlife Service National Wetland Inventory: ELWOOD. IXI U. S. Geological Survey Hydrologic Atlas: ELWOOD, 254. USDA Natural Resources Conservation Service Soil Survey for Will County. IXI U. S. Geological Survey 7.5-Minute Topographic Maps: ELWOOD, 1993. q U. S. Geological Survey 7.5-Minute Historic Quadrangles: U. S. Geological Survey 15-Minute Historic Quadrangles: IXI Aerials (Name & Date): Jackson Township, 2000 Advanced Identification Wetland Maps: q Site Visit Conducted on: Other information: Rationale for Basis (applies to any boxes checked above): There are no wetlands located on the subject property. Lateral Extent of Jurisdiction (33 CFR 328 and 329): Ordinary High Water Mark indicated by: 12 clear, natural line impressed on the bank destruction of terrestrial vegetation the presence of litter and debris shelving q changes in the character of soil other: n wetland boundary Basis for Declining Jurisdiction: IXI Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(l), 328.3(a)(2), or 328.3(a)(4) through 328,3(a)(7) q Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria rn Area under consideration is likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria Headquarters declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale] Confirmation of Wetland Boundaries This office concurs with your wetland delineation report dated , prepared by . This office does not confirm your wetland boundary : , - - Recommended by: Date: [ j- b c l G5 Approved by: /.-J- - Date: /G y CG @J- 'Wetlands are dentitied and delineated using the methods and criteria established in the Corps Wetland Delineanon Manual (87 Manual) (ie., occurrence of hydropyt~c vegetation hydric soils and wetland hydrology). Processes for determ~ning wetlands on agricultural lands may vary from methods descr~bed in the Corps Wetland Delineation Manual (1987). Wetlands separated from other waters of the US, by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent.

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Page 1: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Neumann Homes P R O J E C T LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater Road in Jackson Township, Will County, Illinois F ILE NUMBER: 200600003 PROJECT REVIEW COMPLETED: rn Office UFie ld

Approved Jurisdictional Determination (JD) (For Sites regulated under 33 CFR 320-330). An approved JD IS an appealable action. (33 CFR 33 1.2)

Based on available information: rn There are no waters on the project site. q There are non-jurisdictional waters on the project site. q There are waters of the United States on the project slte. q There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

q There are no jurisdictional waters of the United States present on the project site. q The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(l)) q The presence of interstate waters (including interstate wetlands'). (33 CFR 328.3 (a)(2)) q The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) q The presence of wetlands adjacent2 ( bordering, contiguous, or neighboring) to interstate or other waters of the US,

except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) The presence of an isolated water (e.g., intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds). Other: Section I 0 waterway.

Information Reviewed IXI U. S. Fish and Wildlife Service National Wetland Inventory: ELWOOD. IXI U. S. Geological Survey Hydrologic Atlas: ELWOOD, 254.

USDA Natural Resources Conservation Service Soil Survey for Will County. IXI U. S. Geological Survey 7.5-Minute Topographic Maps: ELWOOD, 1993. q U. S. Geological Survey 7.5-Minute Historic Quadrangles:

U. S. Geological Survey 15-Minute Historic Quadrangles: IXI Aerials (Name & Date): Jackson Township, 2000

Advanced Identification Wetland Maps: q Site Visit Conducted on:

Other information:

Rationale for Basis (applies to any boxes checked above): There are no wetlands located on the subject property.

Lateral Extent of Jurisdiction (33 C F R 328 and 329): Ordinary High Water Mark indicated by: 12 clear, natural line impressed on the bank destruction of terrestrial vegetation

the presence of litter and debris shelving q changes in the character of soil other: n wetland boundary

Basis for Declining Jurisdiction:

IXI Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(l), 328.3(a)(2), or 328.3(a)(4) through 328,3(a)(7) q Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria rn Area under consideration is likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

Headquarters declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries This office concurs with your wetland delineation report dated , prepared by . This office does not confirm your wetland boundary

:, - - Recommended by: Date: [ j- b c l G 5

Approved by: /.-J- - Date: /G y C G @J-

'Wetlands are dentitied and delineated using the methods and criteria established in the Corps Wetland Delineanon Manual (87 Manual) (ie., occurrence of hydropyt~c vegetation hydric soils and wetland hydrology). Processes for determ~ning wetlands on agricultural lands may vary from methods descr~bed in the Corps Wetland Delineation Manual (1987).

Wetlands separated from other waters of the US, by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent.

Page 2: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Mike Warren PROJECT LOCATIONnVATERWAY: Northeast of the Intersection of Route 6 and Gougar Road in New Lenox Township, Will County, Illinois FILE NUMBER: 200600002 PROJECT REVIEW COMPLETED: [YI Office [YIField

Approved Jurisdictional Determination (JD) (For Sites regulated under 33 CFR 320-330). An approved JD is an appealable action. (33 CFR 33 1.2)

Based on available information: [YI There are no waters on the project site.

There are non-jurisdictional waters on the project site There are waters of the United States on the project site.

U There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

There are no jurisdictional waters of the United States present on the project site. The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport

interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(l))

The presence of interstate waters (including interstate wellands'). (33 CFR 328.3 (a)(2)) The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) The presence of wetlands adjacen? ( bordering, contiguous, or neighboring) to interstate or other waters of the US, except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) The presence of an isolated water (e.g.. intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meado\rs, playa lakes, or natural ponds). Other: Section I0 waterway.

Information Reviewed [XI U. S. Fish and Wildlife ServiceNational Wetland Inventory: JOLIET. [XI U. S. Geological Survey Hydrologic Atlas: JOLIET, 89. [XI USDA Natural Resources Conservation Service Soil Survey for Will County. [XI U. S. Geological Survey 7.5-Minute Topographic Maps: JOLIET, 1993. 17 U. S. Geological Survey 7.5-Minute Historic Quadrangles:

U. S. Geological Survey 15-Minute Historic Quadrangles: Aerials (Name & Date):

17 Advanced Identification Wetland Maps: [YI Site Visit Conducted on: 27 Sept 2005

Other information:

Rationale for Basis (applies to any boxes checked above): There are no wetlands located on the subject property.

Lateral Extent of Jurisdiction (33 C F R 328 and 329): Ordinary High Water Mark indicated by:

clear, natural line impressed on the bank destruction of terrestrial vegetation the presence of litter and debris sl~elving changes in the character of soil other: wetland boundary

Basis for Declining Jurisdiction:

Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(l), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria Area under consideration is not likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

Headquarters declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries This office concurs with your wetland delineation report dated , prepared by . This office does not confirm your wetland boundary

- > / Recommended by: Date: v f l ~ ~ u \ '

/

Approved by: I Date: /6 /4C- cr 'Wetlands are identitied and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of hydromytic vegetation, hydric soils and wetland hydrology). Processes for determining wetlandson agricultural lands may vary from methods described in the Corps Wetland Delineation Manual (1987).

' Wetlands separated from other watcrs of thc U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent.

Page 3: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVFD JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Alps Development PROJECT LOCATIONIWATERWAY: Northwest of the Intersection of Coming Road and Ridgeland Avenue, East of Peotone, Will County, lllinoir; FILE NUMBER: 200501074 PROJECT REVIEW COMPLETED: [XI Oftice OFie ld

Approved Jurisdictional Determination (JD) (For Sites regulated under 33 CFR 320-330). An approved JD is an appealable action. (33 CFR 33 1.2)

Based on available information: q There are no waters on the project site.

There are non-jurisdictional waters on the project site. [XI There are waters of the United States on the project site. q There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

There are no jurisdictional waters of the United States present on the project site. The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport

interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(l))

The presence of interstate waters (including interstate wetlands'). (33 CFR 328.3 (a)(2)) [XI The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) q The presence of wetlands adjacen? ( bordering, contiguous, or neighboring) to interstate or other waters of the US,

except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) q The presence of an isolated :vatu (e.g., intrastate lakes, rivers, streams (including intermittent streams), rnudflats,

sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds). Other: Section I0 waterway.

Information Reviewed U. S. Fish and Wildlife Service National Wetland Inventory: PEOTONE.

rn U. S. Geological Survey Hydrologic Atlas: PEOTONE, 251. USDA Natural Resources Conservation Service Soil Survey for Will County. U. S. Geological Survey 7.5-Minute Topographic Maps: PEOTONE, 1990. U. S. Geological Survey 7.5-Minute Historic Quadrangles: U. S. Geological Survey 15-Minute Historic Quadrangles:

[XI Aerials (Name & Date): Peotone, 2000 Advanced Identification Wetland Maps:

q Site Visit Conducted on: q Other information:

Rationale for Basis (applies to any boxes checked above): Black Walnut Creek drains into South Branch Rock Creek. Rock Creek flows into the Kankakee River, a navigable waters of the U.!;.

Lateral Extent of Jurisdiction (33 CFR 328 and 329): Ordinary High Water Mark indicated by: q clear, natural line impressed on the bank destruction of terrestrial vegetation

the presence of litter and debris shelving q changes in the character of soil other: [XI wetland boundary

Basis for Declining Jurisdiction:

Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(l), 328,3(a)(2), or 328.3(a)(4) through 328.3(a)(7) Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

q Area under consideration is likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

Headquarters declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries [XI This office concurs with your wetland delineation report dated June 23, 2005, prepared by JFNew.

This office does not confirm your wetland boundary

Recommended by: '3 - Date: I (, - ~ A L ? O ~

Approved by: -S- Date: / C / \ - D U = S -

'wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (ie., occurrence of hydro&ytic vegetatio$ hydric soils and wetland hydrology). Processes for determining wetlandson agricultural lands may vary from methods described in the Corps Wetland Delineation Manual (1987).

' Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent.

Page 4: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Outback Properties PROJECT LOCATIONnVATERWAY: Northwest Comer of Stuenkel Road and Peotone Road in Will County, Illinois FILE NUMBER: 200500688 PROJECT REVIEW COMPLETED: [XI Office O F i e l d

Approved Jurisdictional Determination (JD) (For Sites regulated under 33 CFR 320-330). An approved .ID is an appealable action. (33 CFR 33 1.2)

Based on available information: [XI There are no waters on the project site.

There are non-jurisdictional waters on the project site There are waters of the United States on the project site.

0 There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

There are no jurisdictional waters of the United States present on the project site. q The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(I))

The presence of interstate waters (including interstate wel.landsl). (33 CFR 328.3 (a)(2)) q The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) q The presence of wetlands adjacen? ( bordering, contiguous, or neighboring) to interstate or other waters of the US,

except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) q The presence of an isolated water (e.g., intrastate lakes, rivers, streams (including intermittent streams), mudflats,

sandflats, wetlands, sloughs, prairie potholes, wet meadorxs, playa lakes, or natural ponds). q Other: q Section 10 wateiway.

Information Reviewed [XI U. S. Fish and Wildlife Service National Wetland Inventory: FRANKFORT. [XI U. S. Geological Survey Hydrologic Atlas: FRANKFORT, 231.

USDA Natural Resources Conservation Service Soil Survey for Will County. U. S. Geological Survey 7.5-Minute Topographic Maps: FRANKFORT, 1990.

13 U. S. Geological Survey 7.5-Minute Historic Quadrangles: q U. S. Geological Survey 15-Minute Historic Quadrangles: [XI Aerials p a m e & Date):Green Garden, 2001 q Advanced Identification Wetland Maps: q Site Visit Conducted on: q Other information:

Rationale for Basis (applies to any boxes checked above): There are no wetlands located on the subject property.

Lateral Extent of Jurisdiction (33 CFR 328 and 329): Ordinary High Water Mark indicated by: 13 clear, natural line impressed on the bank q destruction of terrestrial vegetation q the presence of litter and debris q shelving q changes in the character of soil other: I] wetland boundary

Basis for Declining Jurisdiction:

q Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(l), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) q Area under consideration is likely to have been jurisclictional under pre-SWANCC Migratory Bird Rule criteria q Area under con side ratio^^ is not likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

Headquarters declined to aprrove jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries This office concurs with your wetland delineation report dated , prepared by . This office does not confirm your wetland boundary -

,- 3 - Recommended by: Date: - Date: I ~ C - C - P c S Approved by:

'Wetlands are identified and delineaed using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) ( i e , occurrence of hydro@ytic vegctatioq hydric soils and wetland hydrology). Processes for determining wetlandson agr~cultural lands may vary from methods describcd in the Corps Wetland Delineation Manual (1987).

Wetlands separated from other waters of thc U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the likc are also adjacent.

Page 5: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Midwestern University PROJECT LOCATIONIWATERWAY: East of Highland Avenue & South of 31" St. , Downers Grove, DuPage County, IllinoislLacey Creek

FILE NUMBER: 200501087 PROJECT REVIEW COMPLETED: [XI Oftice HField

Approved Jurisdictional Determination (JD) (For sites regulated under 33 CFR 320-330). An approved JD is an appealable action. (33 CFR 33 1.2)

Based on available information: 17 There are no waters on the project site.

There are non-jurisdictional waters on the project site. [XI There are waters of the United States on the project site. 17 There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

There are no jurisdictional waters of the United States present on the project site. The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport

interstate or foreign commerce, including all waters which are subject to the ebb and flow of the t~de (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(l))

The presence of interstate waters (including interstate wellandsl). (33 CFR 328.3 (a)(2)) The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5))

[XI The presence of wetlands adjacent2 ( bordering, contiguous, or neighboring) to interstate or other waters of the US, except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) The presence of an isolated water (e.g.. Intrastate lakes, rivers, streams (Including intermittent streams), mudtlats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes. or natural ponds). Other: Section 10 waterway.

Information Reviewed [XI U. S. Fish and Wlldlife Service National Wetland Inventory: WHEATON. [XI U. S. Geological Survey Hydrologic Atlas: WHEATON, HA 148. [XI USDA Natural Resources Conservation Service Soil Survey for DuPage County. [XI U. S. Geological Survey 7.5 Minute Topographic Maps: WHEATON, 1993.

U. S. Geological Survey 7.5 Minute Historic Quadrangles: U. S. Geological Survey 15 Minute Historic Quadrangles:

[XI Aerial Photographs (Name & Date):2002 [XI Advanced Identification Wetland Maps: DUPAGE COUNTY.. [XI Site Visit Conducted on: October 20, 2005

Other information:

Rationale for Basis (applies to any boxes checked above): Wetlands 1, 2 and 3 includ~ng the drainage way have a hyrological connection or are adjacent to the on-site portion of Lacey Creek wil.hin the project site therefore they are jurisdictional waters of the L1.S.

Lateral Extent of Jurisdiction (33 CFR 328 and 329): Ordinary High Water Mark ind~cated by:

clear, natural line impressed on the bank Odeslmction of terrestrial vegetation q the presence of litter and debris O s h e l v ~ n ~

changes i n the character of soil other q wetland boundary

Basis for Declining Jurisdiction:

Unable to confirm the presence of waters listed tn 33 CFR. 328.3(a)(l), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) q Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

Area under consideration is likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

Headquarters declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries This office concurs with your wetland delineation report dated , prepared by This office does not confirm your y t land boundary. 3 ---

Recommended by: 7 Dale:

Approved by: Dale:

'Wetlands are identified and delineated using the methods and criteria estahlished in the Corps Wetland Delineation Manual (87 Manual) (i.e.. occurrence of hydrophytic vegetation. hydric sais and wetland hydrology). Processes for determining wetlands on agricultural lands may vary from methods described in the Corps Welland Delineation Manual (1987).

'Wetlands separated from other waters of the U.S. by man-made dikes or bamcrs, natural river berms, beach dunes, and the like are also adjacent.

Page 6: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERnlINATlON DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: TR Klein Development PROJECT LOCATIONIWATERWAY: 7.9 Acre Property Located West Of Rand Road And 114 Of A Mile North Of Rand Road And Miller Road In 'Worth Barrington, Lake County, Illinois (SW 114 of Section 7, T43N, RIOE)

F I L E NUMBER: 200500920 PROJECT REVIEW COMPLETED: [XI Office [XIField

Approved Jurisdictional Determination (JD) (For sites regulated under 33 CFR 320-330). An approved I D is an appealable action. (33 CFR 33 I .2)

Based on available information: There are no waters on the project site. There are non-jurisdictinnal waters on the projeet site.

[XI There are waters of the United States on the project site. q There are both waters of the United States and non-jul.isdictional waters on the project site.

Basis of Jurisdictional Determination:

q There are no jurisdictional waters of the United States present on the project site. q The presence of waters which are currently used. or were used in the past, or may be susceptible for use to transport interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(I)) q The presence of interstate waters (including interstate wetlands'). (33 CFR 328.3 (a)(2))

The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) [XI ,The presence of wetlands adjacent2 ( bordering, contiguous, or neighboring) to interstate or other waters of the US,

except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) The presence of an isolated water (e.g., intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meado\vs, playa lakes, or natural ponds). Other: Section 10 waterway.

Information Reviewed q U. S. Fish and Wildlife Service National Wetland Inventory:

U. S. Geological Survey Hydrologic Atlas: . USDA Natural Resources Conservation Service Soil Survey for Lake County. U. S. Geological Survey 7.5 Minute Topographic MIPS:

11 U. S. Geological Survey 7.5 Mmute Historic Quadrangles: q U. S. Geological Survey 15 Minute Historic Quadrangles:

Aerials (Name & Date): q Advanced Identification Wetland Maps: -

(XI Site Visit Conducted 011: November 1, 2005 q Other information:

Rationale for Basis (applies to any boxes checked above): Wetlands W-I, W-2, W-3, and W-4, as referenced in your delineation report, are under the jurisdiction of this office due to their hydrologic connection to Flint Creek which flows into the Fox River. a navigable waterway.

Lateral Extent of Jurisdiction (33 C F R 328 and 329): Ordinary High Water Mark indicated by:

clear, natural line impressed on the bank ndestruction of terrestrial vegetation the presence of litter and debris n she lv ing changes in the character of soil q other wetland boundary

Basis for Declining Jurisdiction:

q Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(l), 328.3(a)(2), or 328,3(a)(4) through 328.3(a)(7) Area under consideration is likely to have been juristlictional under pre-SWANCC Migratory Bird Rule criteria

q Area under consideration is likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

Headquarters declincd to approve jurisdiction on the basis of 328,3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries (XI This office concurs with your wetland delineation report dated December 12,2002 (Revised September 20,2005), prcpared by Raisanen & Associates, Inc.

This office does not wnfirm your wetland boundary

Recommended by: Date:

Approved by: Date:

'Wetlands are ident~fied and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (1.e. occurrence of hydro@ytic vegetatioq hydric soils and wetland hydrology) Proeesses for determining wetlandson agricultural lands may v a q from methods descr~bed in the Corps Wetland Delineation Manual (1987).

Wetlands separated from other waters of the U.S. by man-made d~kes or barriers, natural river berms, beach dunes, and the like are also adjacent.

Page 7: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Vince Tomasello PROJECT LOCATIONIWATERWAY: AntiochILake Marie

FILE NUMBER: 200500918 PROJECT REVIEW COMPLETED: [XI Office [XIField

Approved Jurisdictional Determination (JD) (For sites regulated under 33 CFR 320-330). An approved JD is an appealable action. (33 CFR 331.2)

Based on available information: 17 There are no waters on the project site. q There are non-jurisdictional waters on the project site. [XI There are waters of the United States on the project site. q There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

q There are no jurisdictional waters of the United States present on the project site. q The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(I)) q The presence of interstate waters (including interstate wetlands'). (33 CFR 328.3 (a)(2)) [XI The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) q The presence of wetlands adjacentZ ( bordering, contiguous, or neighboring) to interstate or other waters of the US,

except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) q The presence of an isolated water (e.g., intrastate lakes, rivers, streams (including intermittent streams), mudflats,

sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds). q Other: q Section 10 waterway.

Information Reviewed q U. S. Fish and Wildlife Service National Wetland Inventory: q U. S. Geological Survey Hydrologic Atlas: . [XI USDA Natural Resources Conservation Service Soil Survey for Lake County.

U. S. Geological Survey 7.5 Minute Topographic Maps: ANTIOCH, 1993. q U. S. Geological Survey 7.5 Minute Historic Quadrangles: q U. S. Geological Survey 15 Minute Historic Quadrangles: IXI Aerials (Name & Date):Lake County 1939,2000, & 2004; PhotoMapper 2001,2002, & 2004 IXI Advanced Identification Wetland Maps: LAKE COUNTY. IXI Site Visit Conducted on: July 29, 2005 q Other information:

Rationale for Basis (applies to any boxes checked above): Wetland and pond on site are tributary to Tranquility Bay of Lake Marie via a pipe running north under Bowles road. Lake Marie is part of the Fox River Chain of Lakes system and a navigable water of the United States, therefore all its tributary waters, including those on site, are also waters of the United States under the jurisdiction of the Department of the Armyl

Lateral Extent of Jurisdiction (33 CFR 328 and 329): Ordinary High Water Mark indicated by:

q clear, natural line impressed on the bank ndestruction of terrestrial vegetation q the presence of litter and debris nshelving q changes in the character of soil q other [XI wetland boundary

Basis for Declining Jurisdiction:

q Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(1), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) q Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

Area under consideration is likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

q Headquarters declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries q This office concurs with your wetland delineation report dated , prepared by . .

[XI This office does not confirm your wetland boundary > 5-

Recommended by: Date:

Approved by: Date:

'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). Processes for determining wetlands on agricultural lands may vary from methods described in the Corps Wetland Delineation Manual (1987).

'Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent.

Page 8: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Brian Castro PROJECT LOCATIONIWATERWAY: Old Molitor Road, East of Eola Road. Aurora, DuPage County, lllinoisl Fox River

FILE NUMBER: 200500734 PROJECT REVIEW COMPLETED: q Office [XIField

Approved Jurisdictional Determination (JD) (For sites regulated under 33 CFR 320-330). An approved JD is an appealable action. (33 CFR 331.2)

Based on available information: q There are no waters on the project site. q There are non-jurisdictional waters on the project site. IXI There are waters of the United States on the project site. q There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

q There are no jurisdictional waters of the United States present on the project site. The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport

interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(l)) IXI The presence of interstate waters (including interstate wetlands'). (33 CFR 328.3 (a)(2)) [XI The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) q The presence of wetlands adjacentZ (bordering, contiguous, or neighboring) to interstate or other waters of the US.

except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) The presence of an isolated water (e.g., intrastate lakes, rivers, streams (includ~ng intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes. or natural ponds).

q Other: q Section 10 waterway.

Information Reviewed [XI U. S. Fish and Wildlife Service National Wetland Inventory: NAPERVILLE. IXI U. S. Geological Survey Hydrologic Atlas: NAPERVILLE, HA 154. [XI USDA Natural Resources Conservation Service Soil Survey for DuPage County. [XI U. S. Geological Survey 7.5 Minute Topographic Maps: NAPERVILLE, 1993. q U. S. Geological Survey 7.5 Minute Historic Quadrangles: q U. S. Geological Survey 15 Minute Historic Quadrangles: q Aerial Photographs (Name &Date): q Advanced Identification Wetland Maps: IXI Site Visit Conducted on: October 20. 2005 and ~ o v t m b e r 2. 2005 q Other information:

Rationale for Basis (applies to any boxes checked above): The onsite pond and wetland areas have a surface water connection that drains to the Fox River, therefore they are jurisdictional waters of the U.S.

Lateral Extent of Jurisdiction (33 CFR 328 and 329): Ordinary High Water Mark indicated by:

clear, natural line impressed on the bank Odestmction of terrestrial vegetation q the presence of litter and debris Oshelving q changes in the character of soil q other q wetland boundary

Basis for Declining Jurisdiction:

Unable to confirm the presence of waters l~sted In 33 CFR 328.3(a)(1). 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) q Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria q Area under consideration is likely have been junr,d~ctional under pre-SWANCC Migratory Bird Rule criteria

Headquarters declined to approve ~urisdiction on the basis of328.3(a)(3) [attach copy of HQ rationale]

ConIirmation of Wetland Boundaries This office concurs with your wetland delineation report dated , prepared by . This office does not confirm your wetland boundary. -

Recommended by: - 5- Date: 1 1 - -d ' Approved by: Date:

'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of hydrophylic vegetation, hydric soils and wetland hydrology). Processes for determining wetlands on agricultural lands may vary from methods described in the Corps Wetland Delineation Manual (1987)

'Wetlands separated from other waters of the U.S. by man-made dikes or harriers, natural river berms, beach dunes, and the like are also adjacent.

Page 9: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Bellefleur Homes PROJECT LOCATIONIWATERWAY: Sugar Grove, Kane County, Illinois (NE 114 of Section 10, T38N R7E)

FILE NUMBER: 200500951 PROJECT REVIEW COMPLETED: (XI Office [XI~ield

Approved Jurisdictional Determination (JD) (For sites regulated under 33 CFR 320-330). An approved ID is an appealable action. (33 CFR 331.2)

Based on available information: There are no waters on the project site. There ore non-jurisdictional waters on the project site.

[XI There ore waters of the United States on the project site. There ore both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

There are no jurisdictional waters of the United States present on the project site. The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport

interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e.. navigable waters of the U.S.) (33 CFR 328.3(a)(l))

The presence of interstate waters (including interstate wetlands1). (33 CFR 328.3 (a)(2)) [XI The presence of a tributary to an lyterstate water or other water of the US. (33 CFR 328.3 (a)(5)) (XI The presence of wetlands adjacent- ( bordering, contiguous, or neighboring) to interstate or other waters of the US,

except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) The presence of an isolated water (e.g., intrastate lakes, nvers, streams (including intermittent streams), mudflats,

sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds). Other: Section 10 waterway.

Information Reviewed (XI U. S. Fish and Wildlife Service National Wetland Inventory: SUGAR GROVE. [XI U. S. Geological Survey Hydrologic Atlas: SUGAR GROVE. HA 227. [XI USDA Natural Resources Conservation Service Soil Survey for Kane County. [XI U. S. Geological Survey 7.5 Minute Topographic Maps: SUGAR GROVE. 1993.

U. S. Geological Survey 7.5 Minute Historic Quadrangles: U. S. Geological Survey 15 M~nute Historic Quadra~gles:

(XI Aerial Photographs (Name & Date): USGS, April 10,2002 (XI Advanced Identification Wetland Maps: KANE COUNTY [XI Site Visit Conducted on: October 25. 2005 by Jaimee W. Hammit of the USACE, Chicago District [XI Other information: FEMA FIRM, the ENCAP Wetland Delineation Report, dated April 15.2005

Rationale for Basis (applies to any boxes checked above): The on-site wetland is part of a large wetland complex that continues off-site. This wetland complex has a direct surface water tributary system connection with Blackberry Creek. Blackberry Creek is a tributary of the Fox River, a navigable waterway. Therefore, the on-site wetland is under the jurisdiction of the U.S. Army Corps of Engineers.

Lateral Extent of Jurisdiction (33 CFR 328 and 329): Ordinary High Water Mark indicated by:

clear, natural line impressed on the bank destruction of terrestrial vegetation the presence of litter and debrls shelving changes in the character of soils other:

[XI wetland boundary

Basis for Declining Jurisdiction:

Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(l), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

17 Area under consideration is likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

Headquarters declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries [XI This office concurs with your wetland delineation report dated April 15,2005 , prepared by EN

This ofice does not confirm your wetland boundary. i

-~-- . .- Recommended by: >

Approved by: -I-- Date: // /?/d- '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). Processes for determining wetlands on agricultural lands may vary from methods described in the Corps Wetland Delineation Manual (1987).

Wetlands separated from other waters of the U.S. by man-made dikes or biuriers, natural river berms, beach dunes, and the like are also adjacent.

Page 10: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engiazers, Chicago District

APPLICANT: Hines Interest L.P. PROJECT LOCATIONIWATERWAY: 300 N. LaSalle St. along the Chicago River, Chicago, Cook County. Illinios

FILE NUMBER: 20050 10 10 PROJECT REVIEW COMPLETED: [XI Office OField

Approved Jurisdictional Determination (JD) (For Sites regulated under 33 CFR 320-330). An approved JD is an appealable action. (33 CFR 33 1.2)

Based on available information: q There are no waters on the project site. q There are non-jurisdictional waters on the project site. [XI There are waters of the United States on the project site. 17 There are both waters of the Unlted States and non-julisdictional waters on the project site.

Basis of Jurisdictional Determination:

q There are no jurisdictional waters of the United States present on the project site. [XI The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transpon interstate or foreign commerce. lncludlng all waters which are subject to the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(l)) q The presence of interstate waters (including interstate wetlands1). (33 CFR 328.3 (a)(2)) q The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) q The presence of wetlands adjacent2 (bordering, contiguous, or neighboring) to interstate or other waters of the US,

except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) q The presence of an isolated water (e.g., intrastate lakes, rivers, streams (including intermittent streams), mudflats,

sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds). q Other: [XI Section 10 waterway.

Information Reviewed [XI U. S. Fish and Wildlife Service National Wetland Inventory: CHICAGO LOOP. q U. S. Geological Survey Hydrologic Atlas: .

USDA Natural Resources Conservation Service Soil Survey for Cook County. (XI U. S. Geological Survey 7.5 Minute Topographic Maps: CHICAGO LOOP. 1993. q U. S. Geological Survey 7.5 Minute Historic Quadrangles: q U. S. Geological Survey 15 Minute Historic Quadrangles: 17 Aerials (Name & Date): q Advanced Identification Wetland Maps: q Site Visit Conducted on: q Other information:

Rationale for Basis (applies to any boxes checked above): The project requires construction activities within the Chicago River which is a jurisdictional navigable waters of the U.S. Lateral Extent of Jurisdiction (33 CFR 328 and 329):

Ordinary High Water Mark indicated by: q clear, natural line impressed on the bank q destruction of terrestrial vegetation q the presence of litter and debris q shelving q changes in the character of soil q other: q wetland boundary

Basis for Declining Jurisdiction:

q Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(l), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) q Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria 17 Area under consideration 1s l~kely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

q Headquarters declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries q This office concurs with your wetland delineat~on report dated , prepared by . q This office does not confirm your wetland boundary.

Recommended by: -- 3 -C ------, Date: I/ -1 y-05

Approved by: - - Date: / / - ( 6 - CJ- 'wetlands are identified and delineated using the methcds and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). Processes for determining wetlands on agricultural lands may vary from methcds described in the Corps Wetland Delineation Manual (1987).

'Wetlands separated from other waters of the U.S. by man-made dikes or b:miers, natural river berms, beach dunes, and the like are also adjacent.

Page 11: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engirieers, Chicago District

APPLICANT: Village of Addison PROJECT LOCATIONIWA'TERWAY: Intersectio nof U.S. Route 20 & Swift Rd. Village of Addison, DuPage County, Illinois

FILE NUMBER: 200500946 PROJECT REVIEW COMPLETED: [XI Office OField

Approved Jurisdictional Determination (JD) (For sites regulated under 33 CFR 320-330). An approved JD is an appealable action. (33 CFR 331.2)

Based on available information: q There are no waters on the project site. q There are non-jurisdictional waters on the project site. [XI There are waters of the United States on the project slte. q There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of JurisdictionaI Determination:

q There are no jurisdictional waters of the United States present on the project sile. q The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e.. navigable waters of the U.S.) (33 CFR 328.3(a)(l)) IXI The presence of interstate waters (including interstate wetlands'). (33 CFR 328.3 (a)(2))

The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) q The presence of wetlands adjacent2 (bordering, contiguous, or neighboring) LO inlerstate or other waters of the US,

except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) q The presence of an isolated water (e.g., intrastate lakes, rivers, streams (including intermittent streams), rnudflats,

sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds). q Other: q Section 10 waterway.

Information Reviewed [XI U. S. Fish and Wildlife Service Nalional Wetland Inventory: LOMBARD. [XI U. S. Geological Survey Hydrologic Atlas: LOMBARD, HA 143. [XI USDA Natural Resources Conservation Service Soil Survey for DuPage County.

U. S. Geological Survey 7.5 Minute Topographic Maps: LOMBARD, 1993. q U. S. Geological Survey 7.5 Minute Historic Quadrangles: q U. S. Geological Survey 15 Minute Historic Quadrangles:

Aerial Photographs (Name & Date):2002 Advanced Identification Wetland Maps: DUPAGE COUNTY..

q Site Visit Conducted on: Other information: Wetland Delineation Report July 28,2004 (revised July 1 I, 2005) prepared by Civillech

Eng~neering, lnc.

Rationale for Basis (applies to any boxes checked above): The wetland areas 1 and 2 within the project site appear to have a hydrological connection to a tributary of the East Branch of the DuPage River.

Lateral Extent of Jurisdiction (33 CFR 328 and 329): Ord~nary High Water Mark indicated by:

clear, natural line impressed on the bank ndeslruclion of terrestrial vegetation the presence of litter and debris nshelving

q changes in the character of soil q olher wetland boundary

Basis for Declining Jurisdiction:

q Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(l). 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) Area under consideration is likely to have been juristlictional under pre-SWANCC Migratory Bird Rule criteria

q Area under consideration is likely have been juri:rdictional under pre-SWANCC Migratory Bird Rule criteria

q Headquarters declined lo approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries q This office concurs with your wetland delineation report dated , prepared by . q This office does no1 confirm your wetland boundary.

Recommended by: / - Date: - L pt9 ( /

Approved by: - - Date: / /- / c - OJ-

'Wetlands are identified and delineated using the methods and criteria estal)lished in the Corps Wetland Delineation Manual (87 Manual) (i.e.. occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). Processes for determining wetlands on agricultural lands may vary from methods described in the Corps Wetland Delineation Manual (1987).

'Wetlands separated from other waters of the U S. by man-made d~kes or tbarriers, natural river berms, beach dunes, and the llke are also adjacent.

Page 12: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JIJRISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Saint Pius V Shrine PROJECT LOCATIONIWATERWAY: Northeast Of Miller Road And Brierwood Land In Hawthorn Woods, Lake County, Illinois (Section 8, T43N, R1 IE)

FILE NUMBER: 200600021 PROJECT REVIEW COMPLETED: [XI Office O F i e l d

Approved Jurisdictional Determination (JD) (For sites regulated under 33 CFR 320-330). An approved JD is an appealable action. (33 CFR 33 1.2)

Based on available information: q There are no waters on the project site. q There are non-jurisdictional waters on the project site. [XI There are waters of the United States on the project site. q There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

q There are no jurisdictional waters of the United States present on the project site. q The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(1)) q The presence of interstate waters (including interstate wetlands'). (33 CFR 328.3 (a)(2)) q The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) [XI The presence of wetlands adjacen? ( bordering, contiguous, or neighboring) to interstate or other waters of the US,

except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) The presence of an isolated :vater (e.g., intrastate lakes, rivers, streams (including intermittent streams). mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds). Other:

q Section 10 waterway.

Information Reviewed U. S. Fish and Wildlife Service National Wetland Inventory:

[XI U. S. Geological Survey Hydrologic Atlas: LAKE ZURICH, HA 208. USDA Natural Resources Conservation Service Soil Survey for Lake County.

[XI U. S. Geological Survey 7.5 Minute Topographic Maps: LAKE ZURICH, 1993. q U. S. Geological Survey 7.5 Minute Historic Quadrangles: q U. S. Geological Survey 15 Minute Historic Quadrangles: q Aerials (Name & Date): q Advanced Identification Wetland Maps: - q Site Visit Conducted on:

Other information:

Rationale for Basis (applies to any boxes checked above): The marsh complex on the northern portion of the property and the swale on the western portion of the property, collectively referred to as Wetland 1, are hydrologically connected to Flint Creek, a tributary of the Fox River.

Lateral Extent of Jurisdiction (33 C F R 328 and 329): Ordinary High Water Mark indicated by:

q clear, natural line impressed on the bank Odestmction of terrestrial vegetation q the presence of litter and debris n she lv ing

changes in the character of soil q other [XI wetland boundary

Basis for Declining Jurisdiction:

q Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(I), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) q Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria q Area under consideration is likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

q Headquarters declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries [XI This office concurs with your wetland delineation report dated September 12, 2005, prepared by Applied Ecological Services, Inc. q This office does not confirm your wetland boundary - Date: -. Recommended by: - // //c/- \ - Approved by: Date:

'Wetlands are identified and delineaied using the methods and criteria established in h e Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of hydromytic vegctatioq hydric soils and wetland hydrology). Processes for determining wctlandson agricultural lands may vary from methods described in h e Corps Wetland Delineation Manual (1987).

Wetlands separated from other waters of the U.S. by man-made dikes or harriers, natural river berms, beach dunes, and thc like are also adjacent.

Page 13: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Ruskin Lack PROJECT LOCATIONIWATERWAY: Avon Freemont DitchlGrayslake

FILE NUMBER: 200500590 PROJECT REVIEW COMPLETED: [XI Office OField

Approved Jurisdictional Determination (JD) (For sites regulated under 33 CFR 320-330). An approved JD is an appealable aclion. (33 CFR 331.2)

Based on available information: 17 There are no waters on the project site. q There are non-jurisdictional waters on the project site [XI Tlzere are waters of the United States on lhe project site. q There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

q There are no jurisdictional waters of the United States present on the project site. [7 The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport interstate or foreign commerce. including all waters which are subjecl lo the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(l)) q The presence of interstate waters (including interstate we~lands'). (33 CFR 328.3 (a)(2)) [XI The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) q The presence of wetlands adjacent2 ( bordering. contiguous, or neighboring) to interstate or other waters of the US,

except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) q The presence of an isolated water (e.g., intrastate lakes, rivers, streams (including intermittent streams), mudflats,

sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds). q Other: q Section 10 walerway.

Information Reviewed q U. S. Fish and Wildlife Service National Wetland Inventory: [XI U. S. Geological Survey Hydrologic Atlas: GRAYSLAKE, HA 230. [XI USDA Natural Resources Conservation Service Soil Survey for Lake County. [XI U. S. Geological Survey 7.5 Minute Topographic Maps: GRAYSLAKE, 1993.

U. S. Geological Survey 7.5 Minute Historic Quadrangles: U. S. Geological Survey 15 Minute Historic Quadrangles:

[XI Aerials (Name & Date):Lake Coullty 1939, 2000, & 2004; PhotoMapper 2001,2002, & 2004 [XI Advanced Identification Wetland Maps: LAKE COlJNTY. q Site Visit Conducted on: q Other information:

Rationale for Basis (applies to any boxes checked above): Both wetlands on site have a surface connection to the Des Plaines River via Avon Freemont Ditch and Mill Creek. The Des Plalnes River is a navigable water of the Unlted States below Hoffman Dam, therefore all of its tributary waters, including the two on site wetlands, are also waters of the United States under the jurisdiction of the Department of the Army.

Lateral Extenl of Jurisdiction (33 CFR 328 and 329): Ordinary High Water Mark Indicated by:

clear, natural line impressed on the bank ndestruction of terrestrial vegetation q the presence of litter and debris Oshelv~ng q changes in lhe character of soil q other [XI wetland boundary

Basis for Declining Jurisdiction:

I] Unable to confirm the presence of waters listed In 33 CFR 328.3(a)(I), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) [7 Area under consideration is likely to have been jurisd~ctional under pre-SWANCC Migratory Blrd Rule criteria q Area under consideration is likely have been junsd~ctional under pre-SWANCC Migratory Bird Rule criteria

q Headquarters decllned to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries [XI This office concurs wilh your wetland dellneatlon report dated October 10, 2004, prepared by Ehorn Environmental. q This office does not confirm your wetland bound

Date:

Approved by:

'wetlands are identified and delineated using the methods and criteria established in the Corps ~etland~~elineation Manual (87 Manual) (i.e., occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). Processes for determining wetlands on agricullural lands may vary from methods described in the Corps Wetland Delineation Manual (1987).

'Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent.

Page 14: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Robert Arthur Land Company PROJECT LOCATIONIWATERWAY: SMRT Farm property located south of Higgins Road and east Harmony Road In unincorporated Hampshire, Kane County, Illinois (N 112 of Section 10 and NW 114 of Section I I . T42N R6E)

FILE NUMBER: 200500841 PROJECT REVIEW COMPLIETED: [XI Office [XIField

Approved Jurisdictional Determination (JD) (For sites regulated under 33 CFR 320-330). An approved JD is an appealable action. (33 CFR 33 1.2)

Based on available information: There are no waters on the project site. There are non-jurisdictional waters on the project site.

[XI There are waters of the United States on the project site. There are both waters of the United States and non-jurisdictional waters on the project slte.

Basis of Jurisdictional Determination:

There are no jurisdictional waters of the United States present on the project site. The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transpon

interstate or foreign commerce, including all waters which are subject to the ebb and tlow of the tlde (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(l))

The presence of interstate waters (including interstate we~lands'). (33 CFR 328.3 (a)(2)) [XI The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5))

The presence of wetlands adjacent2 ( bordering, contiguous, or neighboring) to interstate or other waters of the US, except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) The presence of an isolated water (e.g.. intrastate lakes, rivers, streams (~ncluding intermittent streams), mudflats,

sandflats, wetlands, sloughs. pra~rle potholes, wet meadows, playa lakes, or natural ponds). Other: Section 10 waterway.

Information Reviewed [XI U. S. Fish and Wildlife Service National Wetland Inventory: MARENGO SOUTH. [XI U. S. Geological Survey Hydrologic Atlas: MARENGO SOUTH, HA 463. [XI USDA Natural Resources Conservation Service Soil Survey for Kane County. [XI U. S. Geological Survey 7.5 Minute Topographic Maps: MARENGO SOUTH, 1975. 17 U. S. Geological Survey 7.5 Minute Historic Quadrangles: 17 U. S. Geological Survey 15 Minute Historic Quadrangles: [XI Aerial Photographs (Name & Datc): DigiAir, Fall 2001 [XI Advanced Identification Wetland Maps: KANE COUNTY [XI Site Vis~t Conducted on: August 9, 2005 [XI Other information: FEMA FIRM

Rationale for Basis (applies to any boxes checked above): Area I is an unnamed tributary that has a surface water tributary system connection to Hampshire Creek. Hampsh~re Creek flows into Burlington Creek and Burlington Creek flows into Coon Creek. Coon Creek is tributary to the Kishwaukee River. Therefore, Area 1 is under the jurisdiction of the U.S. Army Corps of Engineers.

Lateral Extent of Jurisdiction (33 CFR 328 and 329): Ordinary High Water Mark indicated by: [XI clear, natural line impressed on the bank destruction of terrestrial vegetation

the presence of litter and debris shelving changes in the character of soils other:

[XI wetland boundary

Basis for Declining Jurisdiction:

Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(I), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) Area under consideration is likely to have been jurisdict~onal under pre-SWANCC Migratory Bird Rule criteria Area under consideration is likely have been jurisdict~onal under pre-SWANCC Migratory Bird Rule criteria

Headquarters declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Cod~rmat ion of Wetland Boundaries This office concurs with your wetland delineation repon dated , prepared by

[XI This office does not confirm your wetland boundary. i Recommended by: Date:

Approved by: Date:

'Wetlands are identified and delineated using the meth~ds and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). Processes for determining wetlands on agricultural lands may vary from methods described in the Corps Wetland Delineation Manual (1987).

'Wetlands separated from other waters of the U.S by man-made dikes or hmiers, natural river berms. beach dunes. and the like are also adjacent.

Page 15: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

I APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Eng~neers. Chlcago District

APPLICANT: James Albert PROJECT LOCATION/WATERWAY: Pistakee LakelFox River

FILE NUMBER: 200500937 PROJECT REVIEW COMPLETED: [XI Office O F i e l d

Approved Jurisdictional Determination (JD) (For sites regulated under 33 CFR 320-330). An approved JD is an appealable action. (33 CFR 331.2)

Based on available information: q There ore ?to waters on the project site. q There ore non-jurisdictional waters on the project site. [XI There ore waters of the Unlted States on the project si1.e. q There ore both waters of the United States and non-ju~isdictional waters on the project site.

Basis of Jurisdictional Determination:

q There are no jurisdictional waters of the United States present on the project site. q The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport interstate or foreign commerce, including all waters which are subject to the ebb and tlow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(l))

The presence of interstate waters (including interstate wetlandst). (33 CFR 328.3 (a)(2)) The presence of a tributary to an interstate water or other .water of the US. (33 CFR 328.3 (a)(5))

17 The presence of wetlands adjacent2 ( bordering, contiguous, or neighboring) to interstate or other waters of the US. except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7))

q The presence of an isolated water (e.g., Intrastate lakes, rivers, streams (including intermittent streams), mudtlats. sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds).

17 Other: [XI Section 10 waterway.

Information Reviewed 17 U. S. Fish and W~ldlife Service National Wetland Inventory: q U. S. Geological Survey Hydrologic Atlas: . q USDA Natural Resources Conservation Service Soil Survey for Lake County. [XI U. S. Geological Survey 7.5 Minute Topographic Maps: FOX LAKE, 1993. 17 U. S. Geological Survey 7.5 Minute Historic Quadrangles: q U. S. Geological Survey 15 Minute Historic Quadrangles: [XI Aerials (Name & Date):Lake County 1939,2000, & :2004; PhotoMapper 2001,2002& 2004 [XI Advanced Ident~fication Wetland Maps: LAKE COIJNTY.

Site Visit Conducted on: q Other information:

Rationale for Basis (applies to any boxes checked above): Pistakee Lake is a navigable water of the United States and therefore under the jurisdiction of the Department of the Army.

Lateral Extent of Jurisdiction (33 C F R 328 and 329): Ordinary High Water Mark indicated by:

[XI clear, natural line impressed on the bank [Xldestruction of terrestrial vegetation the presence of litter and debris nshelving

q changes in the character of sot1 other wetland boundary

Basis for Declining Jurisdiction:

q Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(I), 328.3(a)(2). or 328.3(a)(4) through 328.3(a)(7) Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

17 Area under consideration is likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

q Headquarters decllned to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Codrmation of Wetland Boundaries This office concurs with your wetland delineation report dated . prepared by

[XI This office does not confirm your wetland boundary

Recommended by: Date:

Approved by: Date: 157 v d / O h 'Wetlands are identified and delineated using the methcds and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i e.. occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). Processes for determining wetlands on agricultural lands may vary from methods described in the Corps Welland Delineation Manual (1987).

' Wetlands separated from other waters of the U.S. by man-made dikes or b;~rriers, nalural river berms, beach dunes, and the like are also adjacent.

Page 16: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Architectural Resource Corporation PROJECT LOCATIONIWATERWAY: 1 Acre Property Southeast of the Intersection of LaGrange Road and 165th Street in Orland Park, Cook County, Illinois (Section 22, T36N, R12E).

FILE NUMBER: 200501 141 PROJECT REVIEW COMI'LETED: Office [XIField

Approved Jurisdictional Determination (JD) (For Sites regulated under 33 CFR 320-330). An approved JD is an appealable action. (33 CFR 331.2)

Based on available information: There are no waters on the project site. There are non-jurisdictional waters on the project site.

q There are waters of the United States on the project site. There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

There are no jurisdictional waters of the United States present on the project site. The presence of waters which are currently used, or wert: used in the past, or may be susceptible for use to transport

interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(1))

The presence of interstate waters (including interstate wetlands'). (33 CFR 328.3 (a)(2)) The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) The presence of wetlands adjacent2 ( bordering, contiguous, or neighboring) to interstate or other waters of the US, except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7))

The presence of an isolated water (e.g.. intrastate lakes, rivers, streams (including intermittent streams), mudilats, sandtlats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds). Other: Section I0 waterway.

Information Reviewed U. S. Fish and Wildlife Service National Wetland Inventory: TINLEY PARK. U. S. Geological Survey Hydrologic Atlas: .

[XI USDA Natural Resources Conservation Service Soil Survey for Cook County. [XI U. S. Geological Survey 7.5 Minute Topographic Maps: TINLEY PARK, 1993.

U. S. Geological Survey 7.5 Minute Historic Quadrangles: U. S. Geological Survey 15 Minute Historic Quadrangles:

IXI Aerials (Name & Date):AirPhoto 1998 Advanced Identification Wetland Maps: -

[XI Site Visit Conducted on: 5 October 2005 Other information:

Rationale for Basis (applies to any boxes checked above): A large wetland to the north of the propeny extends into the site along the entire northern boundary. That wetland drains to the south into aditch that extends the length of the western property boundary. The ditch eventually crosses under LaGrange Road andenters Marley Creek, a tributary to the Des Plaines River.

Lateral Extent of Jurisdiction (33 CFR328 and 329): Ordinary High Water Mark indicated by:

clear, natural line impressed on the bank destruction of terrestrial vegetation the presence of litter and debris shelving changes in the character of soil other:

mwetland boundary

Basis for Declining Jurisdiction:

Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(1), 328.3(a)(2). or 328.3(a)(4) through 328.3(a)(7) Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria Area under consideration is not likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

Headquaners declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries This office concurs with your wetland delineation report dated 17 June 2005, prepared by JFNew. This office does not confirm your wetland boundary.

Recommended by: n n 61 n Approved by: HL 31wv Date:

'wetlands are identified and delineated using the methods and critcria established in the Corps Wetland Dellneation Manual (87 Manual) ( i e , occurrence of hydro@ytic vcgetatioq hydric soils and wetland hydrology). Processes for determining wetlandson agricultural lands may vary from methods dcscr~bed in the Corps Wetland DelincationManual (1987).

Wetlands separated from other waters ofthe U S . by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent.

Page 17: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

\ APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT

U S. Army Corps of Eng~neers, Chlcago Dlstrtct

APPLICANT: Town and Country Homes PROJECT LOCATIONIWATERWAY: Mutton CreeWFox River

FILE NUMBER: 200500723 PROJECT REVIEW COMPLETED: [XI Office [XIField

Approved Jurisdictional Determination (JD) (For sites regulated under 33 CFR 320-330). An approved JD is an appealable action. (33 CFR 331.2)

Based on available information: q There are rio waters on the project site. q There are non-jurisdict~onal waters on the project site. [XI There are waters of the Unlted States on the project site. q There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

q There are no jurisdictional waters of the United States present on the project site. q The presence of waters whtch are currently used, or were used in the past, or may be susceptible for use to transport interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(l)) q The presence of interstate waters (including interstate wetlands'). (33 CFR 328.3 (a)(2)) [XI The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) q The presence of wetlands adjacent2 ( bordering, contiguous, or neighboring) to interstate or other waters of the US,

except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) q The presence of an isolated water (e.g., intrastate lakes, rivers, streams (tncluding intermittent streams), mudflats,

sandtlats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds). q Other: q Section 10 waterway.

Information Reviewed q U. S. Fish and Wildlife Service National Wetland Inventory: q U. S. Geological Survey Hydrologic Atlas: . W USDA Natural Resources Conservation Service Soil Survev for Lake Countv.

U. S. Geological Survey 7.5 Minute Topographic Maps: WAUCONDA, 1943 q U. S. Geological Survey 7.5 Minute Historic Quadrangles: q U. S. Geological Survey 15 Minute Historic Quadrangles: [XI Aerials (Name & Date):Lake County 1939,2000, & 2004; PhotoMapper 2001,2002, & 2004 [XI Advanced Identification Wetland Maps: LAKE COUNTY. [XI Site Visit Conducted on: April 14, 2005 q Other information:

Rationale for Basis (applies to any boxes checked above): Both wetlands on site have surface tributary connections to the Fox River via Mutton Creek. The Fox River is a navigable water of the United States and therefore all its tributary waters, including the on site wetlands, are also waters of the United States under the jur~sdlction of the Department of the Army1

Lateral Extent of Jurisdiction (33 CFR 328 and 329): Ordinary High Water Mark indicated by:

q clear, natural line impressed on the bank ndestruction of terrestrial vegetation q the presence of litter and debris Oshelving q changes in the character of soil q other [XI wetland boundary

Basis for Declining Jurisdiction:

q Unable to confirm the presence of waters listed in 33 CFR. 328.3(a)(l), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) q Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule critena q Area under constderatlon is likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

q Headquarters declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries [XI This oftice concurs with your wetland delineation report dated February 21,2005, prepared by Hey and Associates, Inc q This office does not confirm your wetland boundary

Recommended by: Date:

Approved by: &a Date: 1

'wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of hydrophylic vegetation, hydric soils and wetland hydrology). Processes for determining wetlands on agricultuml lands may vary from methods described in the Corps Wetland Delineation Manual (1987).

Wetlands separated from other waters of the US. by man-made dikes or barriers. natural nver berms, beach dunes, and the like are also adjacent

Page 18: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Forest Preserve District of Cook County PROJECT LOCATIONIWATERWAY: Tra~l Maintenance in Poplar Creek Forest Preserve North of Schaumburg Road and West of Poplar Creek in Cook County, Illinois (Sect~ons 15. 16, & 21; T41N. R13E).

FILE NUMBER: 20060005 1 PROJECT REVIEW COMPLETED: Office [XIField

Approved Jurisdictional Determination (JD) (For Sites regulated under 33 CFR 320-330). An approved JD is an appealable action. (33 CFR 33 1.2)

Based on available information: There are no waters on the project site. There are non-jurisdictional waters on the project slte.

[XI There are waters of the United States on the project site. There are both waters of the United States and non-jurisdict~onal waters on the project site.

Basis of Jurisdictional Determination:

There are no jur~sd~ctional waters of the United States present on the project site. The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport

interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(l))

The presence of interstate waters (including interstate wetlands'). (33 CFR 328.3 (a)(2)) [XI The presence of a tnbutaty to an interstate water or other water of the US. (33 CFR 328.3 (a)(5))

The presence of wetlands adjacent2 (bordering, contiguous, or neighboring) to interstate or other waters of the US, except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) The presence of an isolated water (e.g.. intrastate lakes, rivers, streams (including intermittent streams), mudtlats, sandnats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natuFa~ ponds)

n Other: - Section 10 waterway.

Information Reviewed [XI U. S. Fish and Wildlife Service National Wetland Inventory:

U. S. Geological Survey Hydrolog~c Atlas: . [XI USDA Natural Resources Conservation Service Soil Survey for Cook County. [XI U. S. Geological Survey 7.5 Minute Topographic Maps: STREAMWOOD, 1993.

U. S. Geological Survey 7.5 Minute Historic Quadrangles: U. S. Geological Survey 15 Minute Historic Quadrangles:

[XI Aerlals (Name & Date):Cook County 1998 and 2003 Advanced Identification Wetland Maps: -

[XI Site Visit Conducted on: 27 September 2005 Other information:

Rationale for Basis (applies to any boxes checked above): A small unnamed tributay to Poplar Creek crosses one of the trails undergoing maintenance. From the aerial photos there also appear to be several wetlands in close proximity to the trail areas. Poplar Creek flows to the Fox River, a navigable water under jurisdiction of this office. Any work in the wetlands or streams will require a permit. Lateral Extent of Jurisdiction (33 CFR 328 and 329):

Ordinary High Water Mark indicated by: [XI clear, natural line impressed on the bank destruction of terrestrial vegetation

the presence of litter and debris shelving changes in the character of soil other: wetland boundary

Basis for Declining Jurisdiction:

Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(I), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

Headquarters declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries This office concurs with your wetland delineation report dated , prepared by

[XI This office does not confirm your wetland boundary.

Recommended by: Date:

Approved by: - Date: ?Z- ,< - 'Wetlands are ~dentified and delineated using the methds and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e , occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). Processes for determining wetlands on agricultural lands may vary from methods described in the Corps Wetland Delineation Manual (1987)

'Wetlands separated from other waters of the U.S. by man-made dikes or bamers. natural river berms, beach dunes, and the like are also adjacent.

Page 19: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Brown Road Investment Group, LLC PROJECT LOCATIONIWATERWAY: Property Located north of Route 64, south of the Great Western Trail and east of Brown Road in Campton Township, Kane County, Illinois (SE 114 of Section 15 and NE 114 of Section 22, T40N R7E)

FILE NUMBER: 200500691 PROJECT REVIEW COMPLETED: [7 Office [XIField

Approved Jurisdictional Determination (JD) (For sites regulated under 33 CFR 320-330). An approved ID is an appealable action. (33 CFR 331.2)

Based on available information: [7 There a r e no waters on the project site. [7 There a r e non-jurisdictional waters on the project site. [XI There a r e waters of the United States on the project site. [7 There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

[7 There are no jurisdictional waters of the United States present on the project site. [7 The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport interstate or foreign commerce, including all waters which are subject to the ebb and tlow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(l))

The presence of interstate waters (including interstate wetlands1). (33 CFR 328.3 (a)(2)) [XI The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) [XI The presence of wetlands adjacent2 ( bordering, contiguous, or neighboring) to interstate or other waters of the US.

except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) [7 The presence of an isolated water (e.g., intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows. playa lakes, or natural ponds).

Other: [7 Section I0 waterway.

Information Reviewed [XI U. S. Fish and Wildllfe Service National Wetland Inventory: ELBURN.

U. S. Geological Survey Hydrologic Atlas: . [XI USDA Natural Resources Conservation Service Soil Survey for Kane County. [XI U. S. Geological Survey 7.5 Minute Topographic Maps: ELBURN, 1993. [7 U. S. Geological Survey 7.5 Minute Historic Quadrangles: [7 U. S. Geological Survey 15 Minute Historic Quadrangles: [XI Aerial Photographs (Name &Date): USGS. April 10,2002 [XI Advanced Identification Wetland Maps: KANE COUNTY [7 Site Visit Conducted on: [XI Other information: FEMA FIRM

Rationale for Basis (applies to any boxes checked above): Mill Creek is just off-site of the property to the south. On-site there is an unnamed tributary that flows into Mill Creek. Mill Creek is a tributary of the Fox River, a navigable waterway. Therefore. the unnamed tributary on-site is under the jurisdiction of the U.S. Army Corps of Engineers. Wetland 1 and Wetland 2 (designated as such by ENCAP. Inc.) have a surface water t r i b u l q system connection to the unnamed tributary and are therefore also under the jurisdiction of the U.S. Army Corps of Engineers.

Lateral Extent of Jurisdiction (33 CFR328 and 329): Ordinary High Water Mark indicated by: [XI clear, natural line impressed on the bank [7 destmctlon of terrestrial vegetation

the presence of litter and debns [7 shelving changes in the character of soils other:

[XI wetland boundary

Basis for Declining Jurisdiction:

Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(1), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

[7 Areaunder consideration is likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

Headquarters declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries This office concurs with your wetland delineation report dated May 13, 2005 , prepared by ENCAP, Inc.. This office does not confirm your wetland boundary.

./- I

. C d

l Recommended by: ... > Date: 1 1 / a l / J ; - Approved by: Date:

'wetlands are identified and delineated using the methods and criteria established in rhe Corps Wetland Delineation Manual (87 Manual) (i.e.. occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). Processes for determining wetlands on agricultural lands may vary from methods described in the Corps Wetland Delineation Manual (1987).

Page 20: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Don Peszek PROJECT LOCATIONIWATERWAY: Fox

FILE NUMBER: 200600096 PROJECT REVIEW COMPLETED: OCfice [XIField

Approved Jurisdictional Determination (JD)(For sites regulated under 33 CFR 320-330). An approved JD is an appealable action. (33 CFR 33 1.2). An approved JD is an appealable action. 133 CFR 33 1.2)

Based on available information: There are no waters on the project site. There are non-jurisdictional waters on the project site.

[XI There are waters of the United States on the project site. There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

There are no jurisdictional waters of the United States present on the project site. The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328,3(a)(l)) The presence of interstate waters (including interstate wetlands'). (33 CFR 328.3 (a)(2))

[XI The presence of a tributary ;o an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) The presence of wetlands adjacent2 ( bordering, contiguous, or neighboring) to interstate or other waters of the US, except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) The presence of an isolated water (e.g., intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds). Other: Section 10 waterway.

Information Reviewed U. S. Fish and Wildlife Serviee National Wetland Inventory: U. S. Geological Survey Hydrologic Atlas: ,

IXI USDA National Resources Conservation Service Soil Survey for McHenry County. [XI U. S. Geological Survey 7.5 Minute Topographic Maps: CRYSTAL LAKE, 1992.

U. S. Geological Survey 7.5 Minute Historic Quadrangles: U. S. Geological Survey 15 Minute Historic Quadrangles:

IXI Aerial Photographs (Name & Date): 1939, 2004 [XI Advanced Identification Wetland Maps: MCHENRY COUNTY.. [XI Site Visit Conducted on: 1013112005

Other information:

Rationale for Basis (applies to any boxes checked above): 'The pond located east of the Fox River and West of Althea Drive and the Summer Place Condominiums is directly connected to the Fox River, a navigable waterway and is therefore Jurisdictional to Department of the Army Regulations.

Lateral Extent of Jurisdiction (33 C F R 328 and 329): Ordinary High Water Mark indicated by:

clear, natural line impressed on the bank destruction of terrestrial vegetation the presence of litter a :~d debris shelving

17 changes in the character of soil 17 other: IXI wetland boundary

Basis for Declining Jurisdiction:

Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(l), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria Area under consideration is likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

Headquarters declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries This office eoncurs with your wetland delineation report dated , prepared by .

IXI This office does not confirm your wetland boundary

Recommended by: --- S -----. Date:

Approved by: - r- 'Wetlands are identified and delineated using the methods and er~teria established in the Corps Wetland Delineation Manual (87 Manual) (I e , occurrence of hydrobytic vegetation, hydric soils and wetland hydrology). Processes for determining wetlandson agricultural lands may vary from methods described in the Corps Wetland DelineationManual (1987).

Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent

Page 21: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Forest Preserve District of Cook County PROJECT LOCATIONiWATERWAY: Multi use Trail in Harms Woods Northeast of Harms Road and Golf Road in Cook County. Illinois (Sections 8 & 9, T41N, R13E).

FILE NUMBER: 200600052 PROJECT REVIEW COMPLETED: Ofice [XIField

Approved Jurisdictional Determination (JD) (For Sites regulated under 33 CFR 320-330). An approved ID IS an appealable action. (33 CFR 33 1.2)

Based on available information: There are no waters on the project site. There are non-jurisd~ctional waters on the project site.

[XI There are waters of the United States on the project site. 17 There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

There are no jurisdictional waters of the United States present on the project site. The presence of waters which are currently used, or were used In the past, or may be susceptible for use to transport

interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(l))

The presence of interstate waters (including ~nterstate wetlandst). (33 CFR 328.3 (a)(2)) [XI The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) [XI The presence of wetlands adjacentz ( bordering, contiguous, or neighboring) to interstate or other waters of the US,

except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) The presence of an ~solated water (e.g., intrastate lakes, rivers, streams (including intermittent streams), mudtlats, sandtlats, wetlands, sloughs, prairie potholes, wet meadoxs, playa lakes, or natural ponds). Other: Section 10 waterway.

Information Reviewed IXI U. S. Fish and W~ldlife Service National Wetland Inventory: PARK RIDGE.

U. S. Geoiogical Survey Hydrologic Atlas: . [XI USDA Natural Resources Conservation Service Soil Survey for Cook County. IXI U. S. Geological Survey 7.5 Minute Topographic Maps: PARK RIDGE, 1993.

U. S. Geological Survey 7.5 M~nutc Htstoric Quadrangles: U. S. Geological Survey 15 Minute Historic Quadraxgles:

[XI Aerials (Name & Date):Cook County 1998 Advanced Identification Wetland Maps: -

[XI Site Visit Conducted on: 27 September 2005 Other information:

Rationale for Basis (applies to any boxes checked above): Wetlands on the property drain to the Chicago River, a navigable water under lurisdiction of this office. Lateral Extent i f ~uriidiction (33 CFR 328 and 329):

Ordinary High Water Mark tndicated by: clear, natural line impressed on the bank IJ destruction of terrestrial vegetation the presence of litter and debris shelving changes in the character of soil other:

[XI wetland boundary

Basis for Declining Jurisdiction:

Unable to confirm the presence of waters listed in 33 CFR. 328.3(a)(l), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratoly Bird Rule criteria Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratoly Bird Rule cr~teria

Headquarters declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries This office concurs with your wetland delineation report dated . prepared by

IXI This office does not confirm your wetland boundary.

- - Recommended by: Date: 2L w"0 2 C C K

Approved by: -1- Date: - 3. > ,-Hd 2 -5-

'Wetlands are identified and delineated using the methods and criteria estahlished in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). Processes for determining wetlands on agricultural lands may vary from methods described in the Corps Wetland Delineation Manual (1987).

'Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent

Page 22: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago Distnct

APPLICANT: Polcon Builders PROJECT LOCATIONIWATERWAY: Southwest Comer Of Hickory Street And U.S. Route 45 In Mundelein, Lake County, Illinois (Section 31, T44N, K11E)

FILE NUMBER: 200501061 PROJECT REVIEW COMPLETED: Office [XIFieId

Approved Jurisdictional Determination (JD) (For sites regulated under 33 CFR 320-330). An approved JD is an appealable action. (33 CFR 331.2)

Based on available information: There are no waters on the project site. There are non-jurisdictional waters on the project site.

[XI There are waters of the United States on the project slte. There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

There are no jurisdictional waters of the United States present on the project site. The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport

interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(1))

The presence of interstate waters (including interstate wetlands1). (33 CFR 328.3 (a)(2)) [XI The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5))

The presence of wetlands adjacentZ ( bordering, contiguous, or neighboring) to interstate or other waters of the US, except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) The presence of an isolated water (e.g., intrastate lakes, nvers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds). Other: Section 10 waterway.

Information Reviewed U. S. Fish and Wildlife Service National Wetland Inventory: U. S. Geological Survey Hydrologic Atlas: . USDA Natural Resources Conservation Service Soil Survey for Lake County. U. S. Geological Survey 7.5 Minute Topographic Maps: U. S. Geological Survey 7.5 Minute Historic Quadrangles: U . S. Geological Survey 15 M~nute Historic Quadrangles:

q Aerials (Name & Date): q Advanced Identification Wetland Maps: - [XI Site Visit Conducted on: October 2005

Other information:

Rationale for Basis (applies to any boxes checked above): The only wetland identified on the subject property, draining from the northwest comer of the site to the southeast comer, is hydrolog~cally connected to Indian Creek, which drains to the Des Plaines River, a navigable water.

LateraI Extent of Jurisdiction (33 CFR 328 and 329): Ordinary High Water Mark Indicated by:

clear, natural line ~mpressed on the bank Odestmclion of terreslnal vegetation q the presence of litter and debris Oshelving

changes in the character of so11 other [XI wetland boundary

Basis for Declining Jurisdiction:

Unable to confirm the presence of waters listed in 33 CFR. 328.3(a)(l), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) q Area under consideration is likely to have been jurisclictional under pre-SWANCC Migratory Bird Rule criteria q Area under considerat~on is likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

q Headquarters decl~ned to approve j ~ r l ~ d l ~ t i ~ n on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Cod~rmat ion of Wetland Boundaries [XI This office concurs with your wetland delineation report dated August 24, 2005, prepared by Christopher B. Burke Engineering, Ltd. q This office does not confirm your wetland boundary

Recommended by: ~n Date: -

Approved by: Date: 30//d6' - $ '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). Processes for determining wetlands on agricultural lands may vary from methods descrikd in the Corps Wetland Delineation Manual (1987).

'Wetlands separated from other waters of the U S . by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent.

Page 23: an appealable rn on available information · 2012. 7. 3. · APPLICANT: Neumann Homes PROJECT LOCATIONIWATERWAY: Southwest of the Intersection of Mississippi Road and South Coldwater

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: James McHugh PROJECT LOCATION/WATERWAY: Long GrovelIndian CreeWDes Plaines River

FILE NUMBER: 200600081 PROJECT REVIEW COMPLETED: Olfice UField

Approved Jurisdictional Determination (JD) (For sites regulated under 33 CFR 320-330). An approved ID is an appealable action. (33 CFR 331.2)

Based on available information: There are no waters on the project site. There are non-jurisdictional waters on the project slte.

[XI There are waters of the United States on the project site. There are both waters of the United States and non-jurisdictional waters on the project site.

Basis of Jurisdictional Determination:

There are no jurisdictional waters of the United States present on the project site. The presence of waters which are currently used, or were used in the past, or may be susceptible for use to transport

interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide (~.e . , navigable waters of the U.S.) (33 CFR 328.3(a)(I)) q The presence of interstate waters (including interstate wellandsl). (33 CFR 328.3 (a)(2)) [XI The presence of a tr~butary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5))

The presence of wetlands adjacent2 (bordering, contiguous, or neighboring) to interstate or other waters of the US. except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7))

q The presence of an isolated water (e.g., intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meado\us, playa lakes, or natural ponds).

q Other: Section 10 waterway.

Information Reviewed 17 U. S. Fish and Wildlife Service National Wetland Inventory: q U. S. Geological Survey Hydrolog~c Atlas: . [XI USDA Natural Resources Conservation Service Soil Survey for Lake County.

U. S. Geological Survey 7.5 Minute Topographc Maps: LAKE ZURICH, 1993. U. S. Geological Survey 7.5 Minute Historic Quadrangles: U. S. Geological Survey 15 Minute Historic Quadrangles:

[Xl Aerials (Name & Date):Lake County 1939.2000, & 2004; PhotoMapper 2001.2002, & 2004 Advanced Identification Wetland Maps: LAKE COUNTY.

q Site Vls~t Conducted on: Other information:

Rationale for Basis (applies to any boxes checked above): Indian Creek is tributary to the Des Plaines River, a navigable water of the United States below Hoffman Dam, and is therefore also a water of the United States under the jurisdiction of the Department of the Army.

Lateral Extent of Jurisdiction (33 CFR 328 and 329): Ordinary High Water Mark indicated by:

[XI clear, natural line impressed on the bank [Xldestmction of terrestrial vegetation [Xl the presence of litter and debris Ushelving [XI changes in the character of soil q other q wetland boundary

Basis for Declining Jurisdiction:

Unable to confirm the presence of waters listed in 33 CFR 328.3(a)(l). 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) 17 Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule cnteria

Area under consideration is g&t likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

Headquarters declined to approve jurisdiction on the basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries This office concurs with your wetland delineation report dated , prepared by .

[XI This oftice does not confirm your wetland boundary

Recommended by: Date:

Approved by: Date:

'Wetlands are ident~fied and delineated using the methods and criteria established I n the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of hydrophyt~e vegetation, hydric soils and wetland hydrology). Processes for determining wetlands on agricultural lands may vary from methods described in the Corps Wetland Delineation Manual (1987).

'Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent.