APPROVED JURlSDTCTlONAL DEJERMrNATION FORM US Army Corps ofE11gineers

ThiS fonn should be comphteltl by following the lnst111ctions rrovided in Section IV ofthe m Form Instructio nal Guidebook

SECTION 1 BACKGROUND INFORMATION A REPORT COMPLETION DATE FOR AJbullPROVEOJURlSDl CTIONAL DETERMINATION (JO)

B DrSTRICT OFFICE FJLE NAME A~lgt NUMBER Hunting1on District-GLA-70-1055 PID 8~63-LRH-2010-00586-GMRshy

RRIO-Ditch 3-Perennial

C PROJECT LOCATION AND BACKGROUND INFORMATION

State Ohio CountyparisWborough Clark City Springfield Center coordinates of site (lalllong in degree decimal formal) Lat 3989182deg N Long 8385340) W

Universal Transverse Mercator Name of newmiddotest waterboltty Mill Creek

Name of nearest Truditional Navigable Water (TNW) into which the aquatic resource flows Mad River Name ofwatersted or HydrOhlgiC Unit Code (HUC) 05080001 181 Check ifmapdiagnun ofrt~v icw arcu andor potential jurisdictional areas isare available upon request0 Check ifother sites (eg oflsite mitigation sites disposal sites etc ) are associated with this action and are recorded on a

different JD form

D REVlEW PERFORMED FOR SITE EVALUATION (CHECK ALL TAAT APPLY)r2J Otlice (Desk) Determination Date November 15 201 I JZ1 Field Dttermination Date(s) August 3 2010

SECTION II SUMMARY OF FINlgtINGS A RIIA SECTION 10 DETERMINATION OF JURJSDJCTION

There ~ n~ middotbullnavigable waters ofthe ( S within Rivers Hnd Harbors Act (RHA) jurisdiction (as ltcfincd by 33 erR part 329) in 1he r~vicw area rlltetjldredJ

0 W a ters subject to che ebb and flow or the tide D Waters arc presently used or have been used in the past or may be susceptible tbr use to transport interstate or foreig11 commerce

Jxp lain

B CWA SECTION 404 DETERMlNATION OF llJRISDICTION

There Are waters ofthe US within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area Required)

l Water$ of tlie US a Indicato presence of waters of US in review a~rebull (check ull that apply) 1

0 TNWs including territorial seas 0 Wetlands adjacent to TNWs ~ Relatively pemmnent watcrs 2 (RPWs) tl111t Oow directly or indirectly into INWs 0 Non-RlWs that flow directly or indirectly into TNWs 0 Wetlands dircctly ab11tting RPWs that flow directly lr indirectmiddotly into TNWs [J Wetlands adjacent to hul nM directly abutting RPWs ihll f1ow di rectly or indirectly into lNW s 0 Wetlands adjacent to non-RPWi that flow directly or indirectly into 1N Ws 0 Impoundments ofjLtrisdictlonal waturs 0 l11olatcd (interstate or intrastate) waters including isolated wetlands

b Identify (estilnate)slze of waters of the US in the review aren Non-wetland waters 603 linear feet 35 Vidth (ft) andor 0048 acres Wetlands acres

c Limits (boundaries) of jurisdiction based on Estibiished hi- 0 1-LWM Elevation 1fes tablis hed O J lWM (if llnOvrl)

2 N on-regulated watenwetlands (check if applicable)3

1 Boxes checked below shall be supported by conlplctin~ the appropmtte sectionSin Sectmn rJI below 1 For purposes of this form an RPW is defined a~ a tributal) that i ~ not a TNW and that typically ftows year-rottnd or has continuous now at least sea~onally (tg typically 3 nwnfls) Supponing documentation i$ prcsellted in Secllon Ill f

0 Potentially jurisdictional waters andor wetlands were assessed within the review area and determined to be notjurisdictional Explain

SECTION lll CWA ANALYSIS

A TNWs AND W ETLANDS ADJACENT TO TNWs

T h e agencies willnssetmiddott jurisdiction over TNWs 1111d wetl11ntts udjnccnt to TNWs lr the aquatic resource isH TNW complete Section lUAl and Section UIDl only if the aquatic resource is a wetland lldjacent to a TNW complete Sections JUAl and 2 and Section JUOL ofherwise see Section UJB below

I TNW Identify TNW

Summarie rationale supporting determination

2 Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is adjncent

D CHARACTERJSlICS OFTRIBU1ARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (lF ANY)

T his section summarizes irtformation regarding characteristics of the tributary and its adjacent wetlands if any and it helps determine whether or not the standards for jurisdiction established under Hapnnoshave been met

T he agencies wiD assert jurisdiction over non-navigable tributaries ofTNWs where the tributaries are relatively permanent waters (RPWs) ie tributaries that typically flow year-round or have continuous flow at least seasonally (eg typically 3 months) A wetland that d irectly abuts an RPW is also jurisdictional If the aquatic resource is not a TNW but has ycarround (perennial) flow skip to Section 11102 If the aquatic resource is a wetland directly abutting a tributary with perennial flow skip to Section m04

A wetland that is adjacent to but that does not directly abut an lUW requires a signiticant nexus evaluation Corps districts and EPA regions will include in the record any available information that documents the existence of 11 significant nexus be~111een a relatively permanent tributary tlmt is not perennial (and its adjacent wetlands if any) and a troditionul navigable water even though a significant nexus finding is not required as a matter oflaw

If the waterbody4 is not an RPW or a wetland directly abutting an RPW1 a JD will require additional data to determine if the water body has a significant nexus with a TNW If the tributary has adjacent wetlands the significant nexus evaluation must consider the tributabullmiddoty in comblnution with all of Its adjucent wetlands This slgnific11nt nexus evalu11tion that combines lor amalytical purposes the tributary and all of its adjacent wetlands is used whe ther the review area idlaquomtified in the JD request is the tributary or its adjncent wetlands or both lfthc 10 covers a tributnry wit h adjacent wetlands complete Section Ill 81 tor the tributary Section 11182 for any onsite wetlands and Section 1[183 for all wetlands adjacent to that tributary both onsite and offsite Tbe determination whether a significant nexus exists is determined in Section JliC below

J Characteristics of nonmiddot TNWs that flo-w directly or indirectly into TNW

(i) General Area Conditio~~

Watershed size Piltk List l)rainage area Pkk List Average annual rainfall inches Average annual snowfall inches

(ii) Physical Characteristics (a) Relationship with TNW

0 Tributary flows directly into TNW 0 Tributary flows through Pick List lributaries before entering TNW

Project waters are Vi~llt Ligthiver miles from TNW Project water~ are Pick List river miles from RPW Project waters are Pick lill1 aerial (straight) rnilts from TNW Project waters arc Pitk tit~t aerial (straight) miles from RPW Project w11ters cross or serve as state boundaries Jxplain

ldenllfy now route to TNW5

Tributary stream order If known

Note that the Tnstnictional Guidebook contains additional infom1ation regarding swales ditches washes and erosional features generally and in the arid West 5 Plow route can be described by idontifying eg triblllary a which flows tluough the revitgtV area to Oow into trlbuuuy b which then flows lnio TNW

(h) Gcpcral frihutary Characteristics (check all that aeplyJ Tributary is 0 Natural

0 Artificial (man-made) Explain 0 Manipulated (man-altered) Explain bull

Tributuy properties with respect to wp of bank (estimate) Avcmgc width feet Jverage depthmiddot feet Avcrngc side slopes Pielo Li~t

Primary tributary substrote composition (check all that apply) 0 Silts 0 Sands 0 Concrete 0 Cobbles 0 Gravel 0Muck0 Bedrock 0 Vegetation TypcJOo cover 0 Other Explain

Tributary co nditionstability Ieg highly eroding sloughing banksI Explnin Presence of runlritllepool complexes Explain Tributary geometry Plcllt List Tributary gradient (approximate average slope)

(c) Flow Tributary psbullo vides for Jgtick List Estimate average msmbcr of Oow events in review nrenlycar Pick llst

Describe llow regime Other informntion on duration and volume

Surface tlow is jck J it Characteristics

Suh~urtilce now fgtick Lbt Explain findings0 Oye (or other) test performed

Tribulacy hilS lcheck all thai apply)0 13cd nnd btmks 0 0HWM6 (check all indicators that apply)

0 lear natural line impressed on the bank 0 the presence of litter ancl debris 0 changes in the character ofslt)il 0 dcstrsctlon of ternstrial vegetation 0 shdving 0 the presence of wrack line 0 vege tation matted down bent or absent 0 sediment sorting0 leaf littur disturbed or washed away 0 scour 0 slldimcnl deposition 0 multiple observed or predicted now events 0 water staining 0 abrupt change In plant community0 other (list)

0 Discontinuous OIIWM7 Explain

If factors other than the OIIWM were used to detem1ine lateral extent ofCWJ jurisdiction (check all that apply)0 lllg h Tide Line indicated by 0 Mcnn High Water Mark iudicatcd by

0 oil or scum Hne along shore objects 0 survey h) available datum0 fine shell or debris deposits (foreshore) 0 physical markings0 physical markingscharacteristics 0 vcgetution lineslchongcs in vcgctution types 0 tidal gauges0 other (list)

(iii) C hemica l C harllcter istics Chaructcri~~ tribuu11y (eg water color is clear discolold oily Olm wruer qualhy ~cncml watershed charactcrisric etc)

E-xplain bull Identify specific pollutants ifknown

II natural or manmiddotmudu discontimnty in the OIIWM docs n~ necessarily sever JUri~diclion (eg where the stiClflllcnlporarily llows underground or wh~re

the OHWM ha~ been removed by dewlopment or agricu11llral practices) Wllcrc there is 11 break in the Ol WM that is unrelated to the waterbodys low rcgtmiJ (eg now over nrock outcrop nr through u culvert) the ttgcncics will look for incticat(lrs of now nbove nnd bclltgtw the bruok 11bid

(iv) Biological Characteristics Chan net supports (check all that apply)0 Riparian corridor Characteristics (type average width) bull 0 Wetland flinge Characteristics 0 Habitat for

0 Federally Li~tQd specie~ Explain findings0 f-lshspawn areas Explain findings 0 Other envlronmcntally-stnsitive species Eqgtlain findings 0 Aquaticwildlife diversity Explain findings

2 Characteristics of wetl~nds adjacent to non-TNW t hat flow directly or indirectly into TNW

(i) Physical Characteristics (a) General Wetland Charaderistics

Properties Wetland si~c acres Wetland type Explain Wetland quality 8gtplaln

Pr~jcct wetlands cross or sctV~ as slate boundaries Explain

tbl General Flow Relntiomhip wjth Non-TNX Flow is Pick List Explain

Surfacl tlow is Pi~llt lAst Characteristics

Subsurface tlow lick List Explain findings0 Dye (or other) test performed

(c) Wetland AdjacencY Determination with Non-TNW 0 Directly abutting 0 Not directly abutting

0 Discrete wetland hydrologic connection Explain 0 Ecologicul connection Explain 0 Separated by bemllbarrier Uxplain

(d) Proximity Relationship) to TNW Project wetlands are Pick LISI river miles from TNW Project waters lre Pick L1Rt aerial (straight) miles from TNW Plow is from Pick List Estimate approximate IOCJtion ofwetland as within the lick List floocJplain

(ii) Chemical Characteristics Characterize wetland system (eg Water color is clear brown oil film on surface water quality general watershed

characteristics etc) Explain IdentifY specific pollutants ifknown

(iii) Biological Characteri$tics Wetland supports (check 1111 that apply)0 Riparian buffer Characteristics (type average width) 0 Vegetation typepercent cover Explain0 Habitat for

0 lbulllderally Listed species Explain tindings0 Fishspawn areas Explain findings0 Other environmentally-sensi tive spcdes Explain findings0 Aquaticwildli fe diversity Explain findings

3 Characteristics of all wetlands adjacent to the tributary (if any) All welland(s) being considered in the cumulative analysis Pick List Approximately ( acres in total anJ being considcrod in the cumulative analysis

for tat h wetland specify the following

l)lrectl y aiMs CYN) Size (in acrlsl Directly abuts CYNl Size ltin acres)

Summaritc overall biological chemical and physical functions being perfonned~

C SIGNI FICANT NEXUS OETERMINA TION

A sl~nlflcant nexus analysis will assess the flow characteristics and function s ofthe tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical physical and biological integrity ofa TNW For eoch ofthe following situations a significant nexus exists if the tributary in combination with all of its adjacent wetlands has more t han a speculative or insubstantial effect on the chemical physical andor bio logical Integrity of a TNW Considerations when evaluating significant nexus include but are not limited to the volume duration and frequency of the flow of water in the tribuhlry nn(J its proximity to a TNW and the functions performed by the tribtltary and all its adjacent wetlands It is not 11pproprinte to determine significant nexus bnscd solely on uny ~pecific threshold of distance (eg between a tributary And its adjucent wetland or between a tributary and the TNW) Similarly the fact an adjacent wetland lies within or ou uide ortl noodplnln i~ not solely determiuative orsignificrtnt nuu~

Draw connection between the features documented and the etfects on the TNW as identified in the Rapanos Guidance and discussed in the lnsCTuctlonal Guidebook Factors to consider Include for example bull Docs the tributary Tn combination with its adjac~nt wetlands (ifany) have thu capacity to carry pollutants or flood waters to

TNW or to reduce the nmount of pollutants or flood waters reaching u TNV bull Does the tributary in combination witb its adjacent wetlands (ifany) providu habitat and lifecycle suppon functions for fish and

other species uch as feeding nesting spawning or rearing young for species tha t Ill present in the TNW bull Poe the tributary in combination VIth its adjacent wcttwldS (ifany) bavc the capacity to transfer nutri~nts and organic carbon that

suppon downstream foodwebs bull Docs the tributury in combination with its udjaccnt wetlands (ifany) huvc other relationships to lhe physical chemical or

biological integrity of the TNW

Note the above list of considerations is not inclusive and other functions observed or known to occur should be documented beIOw

I Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs Explain findings of presence or absence of significant nexus below bltllcd on the tributary itseu then go to Section mD

2 Significant nexus findings for non-RPW and its adjacent wetlands where the non-RPW flows directly or indirectly into TNWs ~xplaln findiugs of presence or abscnuc of signifi cant IHlX U$ b~low based on the tributary in combination with all of itll adjucent wetlands then go to Section 100

3 Slgnlncant nexus findings for wetlands adjacent to an RPW but thnt do not ltJirectly abut the RPW fxplain tindlngs of presence or absence ofsignificant nexus below based on the tributary in combination with all of its adjacent wetlands then go to Section 1111) bull

D DETERMINAT IONS OP J URISDICTIONAL FINDINGS TH pound SUBJECT WATERSWETLANDS ARE (CHECK LL THAT APPLY)

I TNWs and Adjneent Wetlands Check all that apply and provid~si~ cstimaus in review area 0 TNWs linear feet width (ft) Or acres 0 Wetlands adjacent to TlWs acres

l RPWs tbat Oow directly or indirectly into TNWs (8l middotr ributaries ofTN Ws where tributaries typically flow year-round nrcjurisdlcl ionul Provide data and rationale indicating thai

tributary is perennial Review data included site observations ancl infonnlltion provided with applicants approved m request T he ditch wa~ llowing on tile date ofthe lJSACh site visit (August3 20 10) and exhibited an onlinary high water marllt Ditch 3 was created during the construction of theIR 70US 68 interchange and was cut into the water table The ditch now receives groundwater inputs and highway runofr The USGS Springfield Ohio quadrangle and Soil Survey of Clark County do not depict 1hc ditch Given the volume of flow observed site conditions and groundwater input Ditch 3 is considered to have perennial flow

SECTION lll CWA ANALYSIS

A TNWs AND W ETLANDS ADJACENT TO TNWs

T h e agencies willnssetmiddott jurisdiction over TNWs 1111d wetl11ntts udjnccnt to TNWs lr the aquatic resource isH TNW complete Section lUAl and Section UIDl only if the aquatic resource is a wetland lldjacent to a TNW complete Sections JUAl and 2 and Section JUOL ofherwise see Section UJB below

I TNW Identify TNW

Summarie rationale supporting determination

2 Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is adjncent

D CHARACTERJSlICS OFTRIBU1ARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (lF ANY)

T his section summarizes irtformation regarding characteristics of the tributary and its adjacent wetlands if any and it helps determine whether or not the standards for jurisdiction established under Hapnnoshave been met

T he agencies wiD assert jurisdiction over non-navigable tributaries ofTNWs where the tributaries are relatively permanent waters (RPWs) ie tributaries that typically flow year-round or have continuous flow at least seasonally (eg typically 3 months) A wetland that d irectly abuts an RPW is also jurisdictional If the aquatic resource is not a TNW but has ycarround (perennial) flow skip to Section 11102 If the aquatic resource is a wetland directly abutting a tributary with perennial flow skip to Section m04

A wetland that is adjacent to but that does not directly abut an lUW requires a signiticant nexus evaluation Corps districts and EPA regions will include in the record any available information that documents the existence of 11 significant nexus be~111een a relatively permanent tributary tlmt is not perennial (and its adjacent wetlands if any) and a troditionul navigable water even though a significant nexus finding is not required as a matter oflaw

If the waterbody4 is not an RPW or a wetland directly abutting an RPW1 a JD will require additional data to determine if the water body has a significant nexus with a TNW If the tributary has adjacent wetlands the significant nexus evaluation must consider the tributabullmiddoty in comblnution with all of Its adjucent wetlands This slgnific11nt nexus evalu11tion that combines lor amalytical purposes the tributary and all of its adjacent wetlands is used whe ther the review area idlaquomtified in the JD request is the tributary or its adjncent wetlands or both lfthc 10 covers a tributnry wit h adjacent wetlands complete Section Ill 81 tor the tributary Section 11182 for any onsite wetlands and Section 1[183 for all wetlands adjacent to that tributary both onsite and offsite Tbe determination whether a significant nexus exists is determined in Section JliC below

J Characteristics of nonmiddot TNWs that flo-w directly or indirectly into TNW

(i) General Area Conditio~~

Watershed size Piltk List l)rainage area Pkk List Average annual rainfall inches Average annual snowfall inches

(ii) Physical Characteristics (a) Relationship with TNW

0 Tributary flows directly into TNW 0 Tributary flows through Pick List lributaries before entering TNW

Project waters are Vi~llt Ligthiver miles from TNW Project water~ are Pick List river miles from RPW Project waters are Pick lill1 aerial (straight) rnilts from TNW Project waters arc Pitk tit~t aerial (straight) miles from RPW Project w11ters cross or serve as state boundaries Jxplain

ldenllfy now route to TNW5

Tributary stream order If known

Note that the Tnstnictional Guidebook contains additional infom1ation regarding swales ditches washes and erosional features generally and in the arid West 5 Plow route can be described by idontifying eg triblllary a which flows tluough the revitgtV area to Oow into trlbuuuy b which then flows lnio TNW

(h) Gcpcral frihutary Characteristics (check all that aeplyJ Tributary is 0 Natural

0 Artificial (man-made) Explain 0 Manipulated (man-altered) Explain bull

Tributuy properties with respect to wp of bank (estimate) Avcmgc width feet Jverage depthmiddot feet Avcrngc side slopes Pielo Li~t

Primary tributary substrote composition (check all that apply) 0 Silts 0 Sands 0 Concrete 0 Cobbles 0 Gravel 0Muck0 Bedrock 0 Vegetation TypcJOo cover 0 Other Explain

Tributary co nditionstability Ieg highly eroding sloughing banksI Explnin Presence of runlritllepool complexes Explain Tributary geometry Plcllt List Tributary gradient (approximate average slope)

(c) Flow Tributary psbullo vides for Jgtick List Estimate average msmbcr of Oow events in review nrenlycar Pick llst

Describe llow regime Other informntion on duration and volume

Surface tlow is jck J it Characteristics

Suh~urtilce now fgtick Lbt Explain findings0 Oye (or other) test performed

Tribulacy hilS lcheck all thai apply)0 13cd nnd btmks 0 0HWM6 (check all indicators that apply)

0 lear natural line impressed on the bank 0 the presence of litter ancl debris 0 changes in the character ofslt)il 0 dcstrsctlon of ternstrial vegetation 0 shdving 0 the presence of wrack line 0 vege tation matted down bent or absent 0 sediment sorting0 leaf littur disturbed or washed away 0 scour 0 slldimcnl deposition 0 multiple observed or predicted now events 0 water staining 0 abrupt change In plant community0 other (list)

0 Discontinuous OIIWM7 Explain

If factors other than the OIIWM were used to detem1ine lateral extent ofCWJ jurisdiction (check all that apply)0 lllg h Tide Line indicated by 0 Mcnn High Water Mark iudicatcd by

0 oil or scum Hne along shore objects 0 survey h) available datum0 fine shell or debris deposits (foreshore) 0 physical markings0 physical markingscharacteristics 0 vcgetution lineslchongcs in vcgctution types 0 tidal gauges0 other (list)

(iii) C hemica l C harllcter istics Chaructcri~~ tribuu11y (eg water color is clear discolold oily Olm wruer qualhy ~cncml watershed charactcrisric etc)

E-xplain bull Identify specific pollutants ifknown

II natural or manmiddotmudu discontimnty in the OIIWM docs n~ necessarily sever JUri~diclion (eg where the stiClflllcnlporarily llows underground or wh~re

the OHWM ha~ been removed by dewlopment or agricu11llral practices) Wllcrc there is 11 break in the Ol WM that is unrelated to the waterbodys low rcgtmiJ (eg now over nrock outcrop nr through u culvert) the ttgcncics will look for incticat(lrs of now nbove nnd bclltgtw the bruok 11bid

(iv) Biological Characteristics Chan net supports (check all that apply)0 Riparian corridor Characteristics (type average width) bull 0 Wetland flinge Characteristics 0 Habitat for

0 Federally Li~tQd specie~ Explain findings0 f-lshspawn areas Explain findings 0 Other envlronmcntally-stnsitive species Eqgtlain findings 0 Aquaticwildlife diversity Explain findings

2 Characteristics of wetl~nds adjacent to non-TNW t hat flow directly or indirectly into TNW

(i) Physical Characteristics (a) General Wetland Charaderistics

Properties Wetland si~c acres Wetland type Explain Wetland quality 8gtplaln

Pr~jcct wetlands cross or sctV~ as slate boundaries Explain

tbl General Flow Relntiomhip wjth Non-TNX Flow is Pick List Explain

Surfacl tlow is Pi~llt lAst Characteristics

Subsurface tlow lick List Explain findings0 Dye (or other) test performed

(c) Wetland AdjacencY Determination with Non-TNW 0 Directly abutting 0 Not directly abutting

0 Discrete wetland hydrologic connection Explain 0 Ecologicul connection Explain 0 Separated by bemllbarrier Uxplain

(d) Proximity Relationship) to TNW Project wetlands are Pick LISI river miles from TNW Project waters lre Pick L1Rt aerial (straight) miles from TNW Plow is from Pick List Estimate approximate IOCJtion ofwetland as within the lick List floocJplain

(ii) Chemical Characteristics Characterize wetland system (eg Water color is clear brown oil film on surface water quality general watershed

characteristics etc) Explain IdentifY specific pollutants ifknown

(iii) Biological Characteri$tics Wetland supports (check 1111 that apply)0 Riparian buffer Characteristics (type average width) 0 Vegetation typepercent cover Explain0 Habitat for

0 lbulllderally Listed species Explain tindings0 Fishspawn areas Explain findings0 Other environmentally-sensi tive spcdes Explain findings0 Aquaticwildli fe diversity Explain findings

3 Characteristics of all wetlands adjacent to the tributary (if any) All welland(s) being considered in the cumulative analysis Pick List Approximately ( acres in total anJ being considcrod in the cumulative analysis

for tat h wetland specify the following

l)lrectl y aiMs CYN) Size (in acrlsl Directly abuts CYNl Size ltin acres)

Summaritc overall biological chemical and physical functions being perfonned~

C SIGNI FICANT NEXUS OETERMINA TION

A sl~nlflcant nexus analysis will assess the flow characteristics and function s ofthe tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical physical and biological integrity ofa TNW For eoch ofthe following situations a significant nexus exists if the tributary in combination with all of its adjacent wetlands has more t han a speculative or insubstantial effect on the chemical physical andor bio logical Integrity of a TNW Considerations when evaluating significant nexus include but are not limited to the volume duration and frequency of the flow of water in the tribuhlry nn(J its proximity to a TNW and the functions performed by the tribtltary and all its adjacent wetlands It is not 11pproprinte to determine significant nexus bnscd solely on uny ~pecific threshold of distance (eg between a tributary And its adjucent wetland or between a tributary and the TNW) Similarly the fact an adjacent wetland lies within or ou uide ortl noodplnln i~ not solely determiuative orsignificrtnt nuu~

Draw connection between the features documented and the etfects on the TNW as identified in the Rapanos Guidance and discussed in the lnsCTuctlonal Guidebook Factors to consider Include for example bull Docs the tributary Tn combination with its adjac~nt wetlands (ifany) have thu capacity to carry pollutants or flood waters to

TNW or to reduce the nmount of pollutants or flood waters reaching u TNV bull Does the tributary in combination witb its adjacent wetlands (ifany) providu habitat and lifecycle suppon functions for fish and

other species uch as feeding nesting spawning or rearing young for species tha t Ill present in the TNW bull Poe the tributary in combination VIth its adjacent wcttwldS (ifany) bavc the capacity to transfer nutri~nts and organic carbon that

suppon downstream foodwebs bull Docs the tributury in combination with its udjaccnt wetlands (ifany) huvc other relationships to lhe physical chemical or

biological integrity of the TNW

Note the above list of considerations is not inclusive and other functions observed or known to occur should be documented beIOw

I Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs Explain findings of presence or absence of significant nexus below bltllcd on the tributary itseu then go to Section mD

2 Significant nexus findings for non-RPW and its adjacent wetlands where the non-RPW flows directly or indirectly into TNWs ~xplaln findiugs of presence or abscnuc of signifi cant IHlX U$ b~low based on the tributary in combination with all of itll adjucent wetlands then go to Section 100

3 Slgnlncant nexus findings for wetlands adjacent to an RPW but thnt do not ltJirectly abut the RPW fxplain tindlngs of presence or absence ofsignificant nexus below based on the tributary in combination with all of its adjacent wetlands then go to Section 1111) bull

D DETERMINAT IONS OP J URISDICTIONAL FINDINGS TH pound SUBJECT WATERSWETLANDS ARE (CHECK LL THAT APPLY)

I TNWs and Adjneent Wetlands Check all that apply and provid~si~ cstimaus in review area 0 TNWs linear feet width (ft) Or acres 0 Wetlands adjacent to TlWs acres

l RPWs tbat Oow directly or indirectly into TNWs (8l middotr ributaries ofTN Ws where tributaries typically flow year-round nrcjurisdlcl ionul Provide data and rationale indicating thai

tributary is perennial Review data included site observations ancl infonnlltion provided with applicants approved m request T he ditch wa~ llowing on tile date ofthe lJSACh site visit (August3 20 10) and exhibited an onlinary high water marllt Ditch 3 was created during the construction of theIR 70US 68 interchange and was cut into the water table The ditch now receives groundwater inputs and highway runofr The USGS Springfield Ohio quadrangle and Soil Survey of Clark County do not depict 1hc ditch Given the volume of flow observed site conditions and groundwater input Ditch 3 is considered to have perennial flow

(h) Gcpcral frihutary Characteristics (check all that aeplyJ Tributary is 0 Natural

0 Artificial (man-made) Explain 0 Manipulated (man-altered) Explain bull

Tributuy properties with respect to wp of bank (estimate) Avcmgc width feet Jverage depthmiddot feet Avcrngc side slopes Pielo Li~t

Primary tributary substrote composition (check all that apply) 0 Silts 0 Sands 0 Concrete 0 Cobbles 0 Gravel 0Muck0 Bedrock 0 Vegetation TypcJOo cover 0 Other Explain

Tributary co nditionstability Ieg highly eroding sloughing banksI Explnin Presence of runlritllepool complexes Explain Tributary geometry Plcllt List Tributary gradient (approximate average slope)

(c) Flow Tributary psbullo vides for Jgtick List Estimate average msmbcr of Oow events in review nrenlycar Pick llst

Describe llow regime Other informntion on duration and volume

Surface tlow is jck J it Characteristics

Suh~urtilce now fgtick Lbt Explain findings0 Oye (or other) test performed

Tribulacy hilS lcheck all thai apply)0 13cd nnd btmks 0 0HWM6 (check all indicators that apply)

0 lear natural line impressed on the bank 0 the presence of litter ancl debris 0 changes in the character ofslt)il 0 dcstrsctlon of ternstrial vegetation 0 shdving 0 the presence of wrack line 0 vege tation matted down bent or absent 0 sediment sorting0 leaf littur disturbed or washed away 0 scour 0 slldimcnl deposition 0 multiple observed or predicted now events 0 water staining 0 abrupt change In plant community0 other (list)

0 Discontinuous OIIWM7 Explain

If factors other than the OIIWM were used to detem1ine lateral extent ofCWJ jurisdiction (check all that apply)0 lllg h Tide Line indicated by 0 Mcnn High Water Mark iudicatcd by

0 oil or scum Hne along shore objects 0 survey h) available datum0 fine shell or debris deposits (foreshore) 0 physical markings0 physical markingscharacteristics 0 vcgetution lineslchongcs in vcgctution types 0 tidal gauges0 other (list)

(iii) C hemica l C harllcter istics Chaructcri~~ tribuu11y (eg water color is clear discolold oily Olm wruer qualhy ~cncml watershed charactcrisric etc)

E-xplain bull Identify specific pollutants ifknown

II natural or manmiddotmudu discontimnty in the OIIWM docs n~ necessarily sever JUri~diclion (eg where the stiClflllcnlporarily llows underground or wh~re

the OHWM ha~ been removed by dewlopment or agricu11llral practices) Wllcrc there is 11 break in the Ol WM that is unrelated to the waterbodys low rcgtmiJ (eg now over nrock outcrop nr through u culvert) the ttgcncics will look for incticat(lrs of now nbove nnd bclltgtw the bruok 11bid

(iv) Biological Characteristics Chan net supports (check all that apply)0 Riparian corridor Characteristics (type average width) bull 0 Wetland flinge Characteristics 0 Habitat for

0 Federally Li~tQd specie~ Explain findings0 f-lshspawn areas Explain findings 0 Other envlronmcntally-stnsitive species Eqgtlain findings 0 Aquaticwildlife diversity Explain findings

2 Characteristics of wetl~nds adjacent to non-TNW t hat flow directly or indirectly into TNW

(i) Physical Characteristics (a) General Wetland Charaderistics

Properties Wetland si~c acres Wetland type Explain Wetland quality 8gtplaln

Pr~jcct wetlands cross or sctV~ as slate boundaries Explain

tbl General Flow Relntiomhip wjth Non-TNX Flow is Pick List Explain

Surfacl tlow is Pi~llt lAst Characteristics

Subsurface tlow lick List Explain findings0 Dye (or other) test performed

(c) Wetland AdjacencY Determination with Non-TNW 0 Directly abutting 0 Not directly abutting

0 Discrete wetland hydrologic connection Explain 0 Ecologicul connection Explain 0 Separated by bemllbarrier Uxplain

(d) Proximity Relationship) to TNW Project wetlands are Pick LISI river miles from TNW Project waters lre Pick L1Rt aerial (straight) miles from TNW Plow is from Pick List Estimate approximate IOCJtion ofwetland as within the lick List floocJplain

(ii) Chemical Characteristics Characterize wetland system (eg Water color is clear brown oil film on surface water quality general watershed

characteristics etc) Explain IdentifY specific pollutants ifknown

(iii) Biological Characteri$tics Wetland supports (check 1111 that apply)0 Riparian buffer Characteristics (type average width) 0 Vegetation typepercent cover Explain0 Habitat for

0 lbulllderally Listed species Explain tindings0 Fishspawn areas Explain findings0 Other environmentally-sensi tive spcdes Explain findings0 Aquaticwildli fe diversity Explain findings

3 Characteristics of all wetlands adjacent to the tributary (if any) All welland(s) being considered in the cumulative analysis Pick List Approximately ( acres in total anJ being considcrod in the cumulative analysis

for tat h wetland specify the following

l)lrectl y aiMs CYN) Size (in acrlsl Directly abuts CYNl Size ltin acres)

Summaritc overall biological chemical and physical functions being perfonned~

C SIGNI FICANT NEXUS OETERMINA TION

A sl~nlflcant nexus analysis will assess the flow characteristics and function s ofthe tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical physical and biological integrity ofa TNW For eoch ofthe following situations a significant nexus exists if the tributary in combination with all of its adjacent wetlands has more t han a speculative or insubstantial effect on the chemical physical andor bio logical Integrity of a TNW Considerations when evaluating significant nexus include but are not limited to the volume duration and frequency of the flow of water in the tribuhlry nn(J its proximity to a TNW and the functions performed by the tribtltary and all its adjacent wetlands It is not 11pproprinte to determine significant nexus bnscd solely on uny ~pecific threshold of distance (eg between a tributary And its adjucent wetland or between a tributary and the TNW) Similarly the fact an adjacent wetland lies within or ou uide ortl noodplnln i~ not solely determiuative orsignificrtnt nuu~

Draw connection between the features documented and the etfects on the TNW as identified in the Rapanos Guidance and discussed in the lnsCTuctlonal Guidebook Factors to consider Include for example bull Docs the tributary Tn combination with its adjac~nt wetlands (ifany) have thu capacity to carry pollutants or flood waters to

TNW or to reduce the nmount of pollutants or flood waters reaching u TNV bull Does the tributary in combination witb its adjacent wetlands (ifany) providu habitat and lifecycle suppon functions for fish and

other species uch as feeding nesting spawning or rearing young for species tha t Ill present in the TNW bull Poe the tributary in combination VIth its adjacent wcttwldS (ifany) bavc the capacity to transfer nutri~nts and organic carbon that

suppon downstream foodwebs bull Docs the tributury in combination with its udjaccnt wetlands (ifany) huvc other relationships to lhe physical chemical or

biological integrity of the TNW

Note the above list of considerations is not inclusive and other functions observed or known to occur should be documented beIOw

I Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs Explain findings of presence or absence of significant nexus below bltllcd on the tributary itseu then go to Section mD

2 Significant nexus findings for non-RPW and its adjacent wetlands where the non-RPW flows directly or indirectly into TNWs ~xplaln findiugs of presence or abscnuc of signifi cant IHlX U$ b~low based on the tributary in combination with all of itll adjucent wetlands then go to Section 100

3 Slgnlncant nexus findings for wetlands adjacent to an RPW but thnt do not ltJirectly abut the RPW fxplain tindlngs of presence or absence ofsignificant nexus below based on the tributary in combination with all of its adjacent wetlands then go to Section 1111) bull

D DETERMINAT IONS OP J URISDICTIONAL FINDINGS TH pound SUBJECT WATERSWETLANDS ARE (CHECK LL THAT APPLY)

I TNWs and Adjneent Wetlands Check all that apply and provid~si~ cstimaus in review area 0 TNWs linear feet width (ft) Or acres 0 Wetlands adjacent to TlWs acres

l RPWs tbat Oow directly or indirectly into TNWs (8l middotr ributaries ofTN Ws where tributaries typically flow year-round nrcjurisdlcl ionul Provide data and rationale indicating thai

tributary is perennial Review data included site observations ancl infonnlltion provided with applicants approved m request T he ditch wa~ llowing on tile date ofthe lJSACh site visit (August3 20 10) and exhibited an onlinary high water marllt Ditch 3 was created during the construction of theIR 70US 68 interchange and was cut into the water table The ditch now receives groundwater inputs and highway runofr The USGS Springfield Ohio quadrangle and Soil Survey of Clark County do not depict 1hc ditch Given the volume of flow observed site conditions and groundwater input Ditch 3 is considered to have perennial flow

(iv) Biological Characteristics Chan net supports (check all that apply)0 Riparian corridor Characteristics (type average width) bull 0 Wetland flinge Characteristics 0 Habitat for

0 Federally Li~tQd specie~ Explain findings0 f-lshspawn areas Explain findings 0 Other envlronmcntally-stnsitive species Eqgtlain findings 0 Aquaticwildlife diversity Explain findings

2 Characteristics of wetl~nds adjacent to non-TNW t hat flow directly or indirectly into TNW

(i) Physical Characteristics (a) General Wetland Charaderistics

Properties Wetland si~c acres Wetland type Explain Wetland quality 8gtplaln

Pr~jcct wetlands cross or sctV~ as slate boundaries Explain

tbl General Flow Relntiomhip wjth Non-TNX Flow is Pick List Explain

Surfacl tlow is Pi~llt lAst Characteristics

Subsurface tlow lick List Explain findings0 Dye (or other) test performed

(c) Wetland AdjacencY Determination with Non-TNW 0 Directly abutting 0 Not directly abutting

0 Discrete wetland hydrologic connection Explain 0 Ecologicul connection Explain 0 Separated by bemllbarrier Uxplain

(d) Proximity Relationship) to TNW Project wetlands are Pick LISI river miles from TNW Project waters lre Pick L1Rt aerial (straight) miles from TNW Plow is from Pick List Estimate approximate IOCJtion ofwetland as within the lick List floocJplain

(ii) Chemical Characteristics Characterize wetland system (eg Water color is clear brown oil film on surface water quality general watershed

characteristics etc) Explain IdentifY specific pollutants ifknown

(iii) Biological Characteri$tics Wetland supports (check 1111 that apply)0 Riparian buffer Characteristics (type average width) 0 Vegetation typepercent cover Explain0 Habitat for

0 lbulllderally Listed species Explain tindings0 Fishspawn areas Explain findings0 Other environmentally-sensi tive spcdes Explain findings0 Aquaticwildli fe diversity Explain findings

3 Characteristics of all wetlands adjacent to the tributary (if any) All welland(s) being considered in the cumulative analysis Pick List Approximately ( acres in total anJ being considcrod in the cumulative analysis

for tat h wetland specify the following

l)lrectl y aiMs CYN) Size (in acrlsl Directly abuts CYNl Size ltin acres)

Summaritc overall biological chemical and physical functions being perfonned~

C SIGNI FICANT NEXUS OETERMINA TION

A sl~nlflcant nexus analysis will assess the flow characteristics and function s ofthe tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical physical and biological integrity ofa TNW For eoch ofthe following situations a significant nexus exists if the tributary in combination with all of its adjacent wetlands has more t han a speculative or insubstantial effect on the chemical physical andor bio logical Integrity of a TNW Considerations when evaluating significant nexus include but are not limited to the volume duration and frequency of the flow of water in the tribuhlry nn(J its proximity to a TNW and the functions performed by the tribtltary and all its adjacent wetlands It is not 11pproprinte to determine significant nexus bnscd solely on uny ~pecific threshold of distance (eg between a tributary And its adjucent wetland or between a tributary and the TNW) Similarly the fact an adjacent wetland lies within or ou uide ortl noodplnln i~ not solely determiuative orsignificrtnt nuu~

Draw connection between the features documented and the etfects on the TNW as identified in the Rapanos Guidance and discussed in the lnsCTuctlonal Guidebook Factors to consider Include for example bull Docs the tributary Tn combination with its adjac~nt wetlands (ifany) have thu capacity to carry pollutants or flood waters to

TNW or to reduce the nmount of pollutants or flood waters reaching u TNV bull Does the tributary in combination witb its adjacent wetlands (ifany) providu habitat and lifecycle suppon functions for fish and

other species uch as feeding nesting spawning or rearing young for species tha t Ill present in the TNW bull Poe the tributary in combination VIth its adjacent wcttwldS (ifany) bavc the capacity to transfer nutri~nts and organic carbon that

suppon downstream foodwebs bull Docs the tributury in combination with its udjaccnt wetlands (ifany) huvc other relationships to lhe physical chemical or

biological integrity of the TNW

Note the above list of considerations is not inclusive and other functions observed or known to occur should be documented beIOw

I Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs Explain findings of presence or absence of significant nexus below bltllcd on the tributary itseu then go to Section mD

2 Significant nexus findings for non-RPW and its adjacent wetlands where the non-RPW flows directly or indirectly into TNWs ~xplaln findiugs of presence or abscnuc of signifi cant IHlX U$ b~low based on the tributary in combination with all of itll adjucent wetlands then go to Section 100

3 Slgnlncant nexus findings for wetlands adjacent to an RPW but thnt do not ltJirectly abut the RPW fxplain tindlngs of presence or absence ofsignificant nexus below based on the tributary in combination with all of its adjacent wetlands then go to Section 1111) bull

D DETERMINAT IONS OP J URISDICTIONAL FINDINGS TH pound SUBJECT WATERSWETLANDS ARE (CHECK LL THAT APPLY)

I TNWs and Adjneent Wetlands Check all that apply and provid~si~ cstimaus in review area 0 TNWs linear feet width (ft) Or acres 0 Wetlands adjacent to TlWs acres

l RPWs tbat Oow directly or indirectly into TNWs (8l middotr ributaries ofTN Ws where tributaries typically flow year-round nrcjurisdlcl ionul Provide data and rationale indicating thai

tributary is perennial Review data included site observations ancl infonnlltion provided with applicants approved m request T he ditch wa~ llowing on tile date ofthe lJSACh site visit (August3 20 10) and exhibited an onlinary high water marllt Ditch 3 was created during the construction of theIR 70US 68 interchange and was cut into the water table The ditch now receives groundwater inputs and highway runofr The USGS Springfield Ohio quadrangle and Soil Survey of Clark County do not depict 1hc ditch Given the volume of flow observed site conditions and groundwater input Ditch 3 is considered to have perennial flow

for tat h wetland specify the following

l)lrectl y aiMs CYN) Size (in acrlsl Directly abuts CYNl Size ltin acres)

Summaritc overall biological chemical and physical functions being perfonned~

C SIGNI FICANT NEXUS OETERMINA TION

A sl~nlflcant nexus analysis will assess the flow characteristics and function s ofthe tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical physical and biological integrity ofa TNW For eoch ofthe following situations a significant nexus exists if the tributary in combination with all of its adjacent wetlands has more t han a speculative or insubstantial effect on the chemical physical andor bio logical Integrity of a TNW Considerations when evaluating significant nexus include but are not limited to the volume duration and frequency of the flow of water in the tribuhlry nn(J its proximity to a TNW and the functions performed by the tribtltary and all its adjacent wetlands It is not 11pproprinte to determine significant nexus bnscd solely on uny ~pecific threshold of distance (eg between a tributary And its adjucent wetland or between a tributary and the TNW) Similarly the fact an adjacent wetland lies within or ou uide ortl noodplnln i~ not solely determiuative orsignificrtnt nuu~

Draw connection between the features documented and the etfects on the TNW as identified in the Rapanos Guidance and discussed in the lnsCTuctlonal Guidebook Factors to consider Include for example bull Docs the tributary Tn combination with its adjac~nt wetlands (ifany) have thu capacity to carry pollutants or flood waters to

TNW or to reduce the nmount of pollutants or flood waters reaching u TNV bull Does the tributary in combination witb its adjacent wetlands (ifany) providu habitat and lifecycle suppon functions for fish and

other species uch as feeding nesting spawning or rearing young for species tha t Ill present in the TNW bull Poe the tributary in combination VIth its adjacent wcttwldS (ifany) bavc the capacity to transfer nutri~nts and organic carbon that

suppon downstream foodwebs bull Docs the tributury in combination with its udjaccnt wetlands (ifany) huvc other relationships to lhe physical chemical or

biological integrity of the TNW

Note the above list of considerations is not inclusive and other functions observed or known to occur should be documented beIOw

I Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs Explain findings of presence or absence of significant nexus below bltllcd on the tributary itseu then go to Section mD

2 Significant nexus findings for non-RPW and its adjacent wetlands where the non-RPW flows directly or indirectly into TNWs ~xplaln findiugs of presence or abscnuc of signifi cant IHlX U$ b~low based on the tributary in combination with all of itll adjucent wetlands then go to Section 100

3 Slgnlncant nexus findings for wetlands adjacent to an RPW but thnt do not ltJirectly abut the RPW fxplain tindlngs of presence or absence ofsignificant nexus below based on the tributary in combination with all of its adjacent wetlands then go to Section 1111) bull

D DETERMINAT IONS OP J URISDICTIONAL FINDINGS TH pound SUBJECT WATERSWETLANDS ARE (CHECK LL THAT APPLY)

I TNWs and Adjneent Wetlands Check all that apply and provid~si~ cstimaus in review area 0 TNWs linear feet width (ft) Or acres 0 Wetlands adjacent to TlWs acres

l RPWs tbat Oow directly or indirectly into TNWs (8l middotr ributaries ofTN Ws where tributaries typically flow year-round nrcjurisdlcl ionul Provide data and rationale indicating thai

tributary is perennial Review data included site observations ancl infonnlltion provided with applicants approved m request T he ditch wa~ llowing on tile date ofthe lJSACh site visit (August3 20 10) and exhibited an onlinary high water marllt Ditch 3 was created during the construction of theIR 70US 68 interchange and was cut into the water table The ditch now receives groundwater inputs and highway runofr The USGS Springfield Ohio quadrangle and Soil Survey of Clark County do not depict 1hc ditch Given the volume of flow observed site conditions and groundwater input Ditch 3 is considered to have perennial flow

0 Tributaries ofTNW where tributaries have continuous llow middotseasonally (eg typically three months each year) are jurisdictional Data supporting this conclusion is provided at Section IllB Provide rationale indicating that tributary nows seasonally

Provide estimates for jurisdictional waters in the review area (check all that apply) t8J Jributary waters 0048 acre linear feet width (tt)0 Other non-wetland waters acres

IdentifY cype(s) ofwaters

3 Non-RPWs8 that low directly or indircctly into TNWs 0 Waterbody that is not a fNW or an RPW but flows directly or indirectly into a TNW and it has a significant nexus with a

TNW is jurisdictional Data supporting this conclusion is provided at Section fil C

Provid11 estimates for jurisdictional waters wiUun the review area (check all that apply) 0 Tributary waters linear feet width (tl) 0 Other tiOn-wclland waters acres

IdentifY type(s) of waters

4 Wetlands directly abutting an RPW that now directly or indirectly into TNWs 0 Wetlands directly abut RPW and thus urr jurisdictional as adjacent wetlands

0 Wetlands directly abutting an RPW where tributaries typically flow year-round Provide data and rationale indic~1ting that tributary is pcrcnni1tl in Section 11102 above Provide rationale indicating that wetland is directly abutting an RPW

0 Wellaruls tlirectly abutting lln RPW wlu~re tributaries typically flow middotseasltmallymiddot Provide data indicating that tributary is seasonal in Section JIIB and ratLonale in Section 11102 above Provide rationale indicating that wetland is directly abutting an RPW

Provide acreage estimates for jurisdictional wetlands in the review area acres

5 Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs 0 Wetlands that do not directly abut an RPW bul when considered in combjnation with the tributary to which they arc adjacent

and with similarly situated adjacent wetlands have a significant nexus with a TNW are jurisidictional Data supporting this conclusion is provided at Section IIIC

Provide acreage estimates for jurisdictional wetlands in the review area aClcs

6 Wetlands adjacent to nou-RPWs thor now directly or indirectly into T NWs 0 Wetlands adjacent to such waters and have when considered in combination with the tributary to which they are adjacent and

with similarly situated adjacent wetlands have a significant nexus with a TNW are iurisdictional Data supporting this conclusion is provided at Section IUC

Provide eStimates ror jurisdiclional wetlands in the review area acres

7 Impoundments of jurisdictional waters9

As a general n1le the impoundment ofa jurisdictional tributary remains jurisdicti-onal 0 Demonstrate that impoundment was created from waters of the US or middotg Demonstrate that water meets the c riteria for one ofthe categories presenr~d above ( 1middot6) or

Demonstrate thal water is isolated with a ncx(JS to commerce (sec E below)

E ISOLATED INTERSTATE OR INTRA-STATE WATERS INCLUDING ISOLATED WETLANDS THE USE DEGRADATION OR DESTRUCTION OF WITICH COULD AFFECT INTERSTATE COMMERCE INCLUDfNG ANY SUCH WATERS (CHECK ALL THAT APPLY) 10

EJ which are or could be used by interstate or foreign travelers for recreational or other purpo$cs

St~elootllole 3 lo complete 1hc unulysis rcf~r to the key In Secllon 111 _0 6 oFlhe Instructional Guidebook 10 Prior to asserting 11r declining CWA jurisdiction based solely on this category Corps Districts will elevate the action to Corps and rPA UQ for review cnnsistcnt with the proces~ described in the CorpsEJgtA Memortmllum Reganllflg CWA Atl JurlsdictiOfl Follow111g Raptmo~

0 from which fish or shellfish are or could be taken and sold in interstate or foreign commerce 0 which nrc or could be used for indu~1rial purposes by industries in inter~tate commerce 0 Interstate isolated waters pound~gtplain 0 Other factors Explain

Ldentify water body and summarize ratio111ale supporting determination

Provide estimates torjuri~dictionol waters in the review area (check all that apply) 0 Tributary waters linear teet width (tt)0 Other non-wetland waters acres

Identity type(S) of Vaters 0 Wetlands acres

F NON-JURISDICTIONAL WAT ERS INCLUDING WETLANDS (CHECK ALL THAT APPLY) 0 If potential wetlands were assessed within the review area these areas did not meet the criteria in the 1917 Corps of Engineers

Wetland Delineation Manual andor appropriate Regional Supplements 0 Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce

0 Prior to the Jan 200l Supreme Court dcoision in SWANCC the review area would havt been regulated based solely on thc Migratory Bird Rule (MBR)

0 Waters do not meet the S ignificar1t Nex us standard where such a jinding is required for jurisdiction Explain 0 Other (explain if not covered above)

Provide acreage estimates fur non-jurisdictional waters in the review are~ where the sole potential basis ofjurisdiction is the MBR factors (ie presence of migratory birds presence ofendangered species use qf water for irrigated agriculture) using best professional judgment (check all that apply) 0 Non-wetland waters (ie rivers streams)r linear feet width (ft0 Lakesponds acres 0 Other non-wetJand waters acres List type of aqualio resource 0 Wetlands acres

Provide acreage estimates for non-Jurisdictional waters In the review area that do not meet the Significant Nexus standard where such a finding is required for jurisdiction (check all that apply)0 Non-wetland waters (ie rivers stream~) linear feet width (fl)0 Lakesponds acres 0 Other non-wctlund waters acres List type ofuquutic r~~ourcc 0 Wetlands acres

SECTION rv DATA SOURCES

A SUPPORTING DATA Data reviewed for JU (check all that apply- checked items shall be includtd in ClliC file and where clncckctl and req uested appropriately reference sources below) l8J Maps plans plots or plat submitted by o r on behalf o f the applicantconsultant OOOT submitted Lcvel 2 Ecological Survey Report (ESR) for CLAmiddot 70- t055 PID 83663 received on July 2 20I 0 wl revisions received on October 14 201 L D Data sheets prcpttredlubmitled by or on behalf of the appli11111tconsultant

0 Office concurs with data sheetsdelineation report 0 Office does not concur with data sheetsdelineation report

0 Data shct~ts preparud by the Corps 0 Corps navigable waters study rgJ US Geological Survey Hydrologic Atlas Drainage area for 8-digit HUC retrieved Aug11st 12 2010 from httpwaterusgsgovGIShuc _nametxt

0 USGS NHD data 121 USGS 8 and 12 digiti rue maps

~ US Geological Survey map(s) Cite scale amp quad name 75-minute Springfield OH (Date Unknown)0 USDA Natural Resources Conservation Service Soil Survey Citntion Soil Survey of Clark County Ohio ( 1985) Map No 38 0 National wetlands inveutory map(s) GHe natne 0 StateLocal wetland inventory map(s)0 FGMNPIRM maps 0 tOO-year Floodplain Elevation is (National Gcodectic Vertical Datum of 1929) Photographs 121 Aerial (J1amc amp Date) ESR for CLAmiddot70-1055 PID 83663 Appendix I Figure 2 and ORM database (no dates provided)

or [8J Other (Name amp Date) ESR for CLA-70-l 055 PLD 83663 Appendix 2 Photo 11-1 4 (dates unknown) an d USACE Photolog for CTAmiddot 70-1055 Pm 83663 Pho togruph~ lll(lmiddot l $(August 3 20 10)

0 from which fish or shellfish are or could be taken and sold in interstate or foreign commerce 0 which nrc or could be used for indu~1rial purposes by industries in inter~tate commerce 0 Interstate isolated waters pound~gtplain 0 Other factors Explain

Ldentify water body and summarize ratio111ale supporting determination

Provide estimates torjuri~dictionol waters in the review area (check all that apply) 0 Tributary waters linear teet width (tt)0 Other non-wetland waters acres

Identity type(S) of Vaters 0 Wetlands acres

F NON-JURISDICTIONAL WAT ERS INCLUDING WETLANDS (CHECK ALL THAT APPLY) 0 If potential wetlands were assessed within the review area these areas did not meet the criteria in the 1917 Corps of Engineers

Wetland Delineation Manual andor appropriate Regional Supplements 0 Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce

0 Prior to the Jan 200l Supreme Court dcoision in SWANCC the review area would havt been regulated based solely on thc Migratory Bird Rule (MBR)

0 Waters do not meet the S ignificar1t Nex us standard where such a jinding is required for jurisdiction Explain 0 Other (explain if not covered above)

Provide acreage estimates fur non-jurisdictional waters in the review are~ where the sole potential basis ofjurisdiction is the MBR factors (ie presence of migratory birds presence ofendangered species use qf water for irrigated agriculture) using best professional judgment (check all that apply) 0 Non-wetland waters (ie rivers streams)r linear feet width (ft0 Lakesponds acres 0 Other non-wetJand waters acres List type of aqualio resource 0 Wetlands acres

Provide acreage estimates for non-Jurisdictional waters In the review area that do not meet the Significant Nexus standard where such a finding is required for jurisdiction (check all that apply)0 Non-wetland waters (ie rivers stream~) linear feet width (fl)0 Lakesponds acres 0 Other non-wctlund waters acres List type ofuquutic r~~ourcc 0 Wetlands acres

SECTION rv DATA SOURCES

A SUPPORTING DATA Data reviewed for JU (check all that apply- checked items shall be includtd in ClliC file and where clncckctl and req uested appropriately reference sources below) l8J Maps plans plots or plat submitted by o r on behalf o f the applicantconsultant OOOT submitted Lcvel 2 Ecological Survey Report (ESR) for CLAmiddot 70- t055 PID 83663 received on July 2 20I 0 wl revisions received on October 14 201 L D Data sheets prcpttredlubmitled by or on behalf of the appli11111tconsultant

0 Office concurs with data sheetsdelineation report 0 Office does not concur with data sheetsdelineation report

0 Data shct~ts preparud by the Corps 0 Corps navigable waters study rgJ US Geological Survey Hydrologic Atlas Drainage area for 8-digit HUC retrieved Aug11st 12 2010 from httpwaterusgsgovGIShuc _nametxt

0 USGS NHD data 121 USGS 8 and 12 digiti rue maps

~ US Geological Survey map(s) Cite scale amp quad name 75-minute Springfield OH (Date Unknown)0 USDA Natural Resources Conservation Service Soil Survey Citntion Soil Survey of Clark County Ohio ( 1985) Map No 38 0 National wetlands inveutory map(s) GHe natne 0 StateLocal wetland inventory map(s)0 FGMNPIRM maps 0 tOO-year Floodplain Elevation is (National Gcodectic Vertical Datum of 1929) Photographs 121 Aerial (J1amc amp Date) ESR for CLAmiddot70-1055 PID 83663 Appendix I Figure 2 and ORM database (no dates provided)

or [8J Other (Name amp Date) ESR for CLA-70-l 055 PLD 83663 Appendix 2 Photo 11-1 4 (dates unknown) an d USACE Photolog for CTAmiddot 70-1055 Pm 83663 Pho togruph~ lll(lmiddot l $(August 3 20 10)

0 Previous dtltcrmination(s) File no and date of response letter 0 Appllcabl~supportmg case law 0 Applicublcsupporting scientific literature 0 Other information (please specify)

B ADDITIONAL COM1ENT S TO SUPPORT JD