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Home My WebLink AboutPWGRD23-0001 2020.05.22- DelineationREQUEST FOR AQUATIC RESOURCES DELINEATION VERIFICATION OR JURISDICTIONAL DETERMINATION A separate jurisdictional determination (JD) is not necessary to process a permit. An Approved Jurisdictional Determination (AJD) is required to definitively determine the extent of waters of the U.S. and is generally used to disclaim jurisdiction over aquatic resources that are not waters of the U.S., in cases where the review area contains no aquatic resources, and in cases when the recipient wishes to challenge the water of the U.S. determination on appeal. Either an Aquatic Resources Delineation Verification or a Preliminary Jurisdictional Determination (PJD) may be used when the recipient wishes to assume that aquatic resources are waters of the U.S. for the purposes of permitting. In some circumstances an AJD may require more information, a greater level of effort, and more time to produce. If you are unsure which product to request, please speak with your project manager or call the Sacramento District’s general information line at (916) 557-5250. Completed forms may be submitted to SPKRegulatoryMailbox@usace.army.mil. I am requesting the product indicated below from the U.S. Army Corps of Engineers, Sacramento District, for the review area located at: Street Address: ________________________________________ City: ____________________ County: ___________________ State: ______ Zip: ___________ Section: ______ Township: _______ Range: _______ Latitude (decimal degrees):_______________ Longitude (decimal degrees): _______________ The approximate size of the review area for the JD is _________ acres. (Please attach location map) Choose one: I own the review area I hold an easement or development rights over the review area I lease the review area I plan to purchase the review area I am an agent/consultant acting on behalf of the requestor Other: _________________________________________ Choose one product: I am requesting an Aquatic Resources Delineation Verification I am requesting an Approved JD I am requesting a Preliminary JD I am requesting additional information to inform my decision about which product to request Reason for request: (check all that apply) I need information concerning aquatic resources within the review area for planning purposes. I intend to construct/develop a project or perform activities in this review area which would be designed to avoid all aquatic resources. I intend to construct/develop a project or perform activities in this review area which would be designed to avoid those aquatic resources determined to be waters of the U.S. I intend to construct/develop a project or perform activities in this review area which may require authorization from the Corps; this request is accompanied by my permit application. I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district’s list of navigable waters under Section 10 of the Rivers and Harbors Act of 1899 and/or is subject to the ebb and flow of the tide. My lender, insurer, investors, local unit of government, etc. has indicated that an aquatic resources delineation verification is inadequate and is requiring a jurisdictional determination. I intend to contest jurisdiction over particular aquatic resources and request the Corps confirm that these aquatic resources are or are not waters of the U.S. I believe that the review area may be comprised entirely of dry land. Other: __________________________________________________________________________________________________ Attached Information: Maps depicting the general location and aquatic resources within the review area consistent with Map and Drawing Standards for the South Pacific Division Regulatory Program (Public Notice February 2016, http://www.spd.usace.army.mil/Missions/Regulatory/Public-Notices-and-References/Article/651327/updated-map-and-drawing- standards/) Aquatic Resources Delineation Report, if available, consistent with the Sacramento District’s Minimum Standards for Acceptance (Public Notice January 2016, http://1.usa.gov/1V68IYa) By signing below, you are indicating that you have the authority, or are acting as the duly authorized agent of a person or entity with such authority, to and do hereby grant Corps personnel right of entry to legally access the review area. Your signature shall be an affirmation that you possess the requisite property rights for this request on the subject property. *Signature: ____________________________________ Date: _________________ Name: _______________________________________ Company name: _______________________________________________ Address: ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Telephone: __________________________________ Email:_________________________________________________________ *Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Program of the U.S. Army Corps of Engineers; Final Rule for 33 CFR Parts 320-332. Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. ENCLOSURE 1 !(!( !. !. !. !. !. !. !( !. !. !(!. !. !. !. !. !. !. !. !. !. !( !( 193 Blue Ravine Rd., Ste. 165Folsom, CA 95630Phone: (916) 985-1188 Figure 11: Jurisdictional Delineation MapHicks Lane Property µ 0 125 25062.5 Feet 1:1,200Scale:1 in = 100 feet Property Boundary !(Map Reference !.Upland Sample Points !.Wetland Sample Points !(Culvert Seasonal Wetlands (2.89 acres)Ephemeral drainage (0.07 acres, 1524 linear feet) Seasonal Swales (0.13 acres) Document Path: C:\Users\Frank\Google Drive\Olberding\Hicks Lane\MXDs\Fig11 JD Map 1 Hicks Ln 11-11-19.mxd Butte County, California Coordinate System:NAD 1983 2011 StatePlane California III FIPS 0403 Ft US Projection: Lambert Conformal ConicDatum: NAD 1983 2011Units: Foot US Map Date: 11/20/2019Revised by the Corps: 05/20/2020 Made in accordance with theUpdated Map and Drawing Standards for theSouth Pacific Division Regulatory Program,as amended on February 10, 2016, by:Jason Deters, Project ManagerEnforcement and Special Projects UnitU.S. Army Corps of EngineersSouth Pacific DivisionSacramento District, Regulatory Division1325 J Street, Room 1350Sacramento, California 95814-2922 -121.872, 39.7891 -121.867, 39.7871 SW1: 2.75 acres SW3: 0.01 acres SW2: 0.13 acres SS1: 0.05 acres SS2: 0.08 acres ED1: 0.04 acres, 914 LNFT ED2: 0.01 acres, 280 LNFT ED3: 0.02 acres, 330 LNFT 1A 1B 2A 2B 3B 3A 4A 4B 5A 5B 8A 7A 6A 8B 7B 6B 9A 10A ENCLOSURE 2 DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT 1325 J STREET SACRAMENTO CA 95814-2922 May 22, 2020 Regulatory Division (SPK-2019-00055) North Valley Towing Attn: Mr. Greg T. Howell 19 Top Flight Court Chico, California 95928 gregh530@gmail.com Dear Mr. Howell: We are responding to your April 6, 2020, request for verification of an aquatic resource delineation for the Hicks Lane Property Fill site. The approximately 12.1-acre project site is located approximately 1.1 miles southwest of the Chico Municipal Airport on Hicks Lane, at coordinates (NAD 83) Latitude 39.7881°, Longitude -121.8699°, in Chico, Butte County, California. Based on available information, we concur with the aquatic resources delineation for the site, which consists of approximately 2.89 acres of seasonal wetlands, 0.07 acre (1,524 linear feet) of ephemeral drainage, and 0.13 acre of seasonal swales, as depicted on the enclosed November 20, 2019, Figure 11: Jurisdictional Delineation Map for the Hicks Lane Property drawing, prepared by Olberding Environmental, Inc., and revised by this office on May 20, 2020 (enclosure 1). This verification letter does not constitute a determination of jurisdiction. A jurisdictional determination (JD) is not required to process an application for a Department of the Army permit. If you do not require a JD for the site, your permit application may be processed sooner. You may request a JD for this site at any time prior to starting work in aquatic resources, including after a permit decision is made. To request a JD for this site, complete the attached Request for Jurisdictional Determination Form (enclosure 2) and return it, along with the information required to process a JD, to this office at the electronic mail address listed on the form. Please refer to identification number SPK-2019-00055 in any correspondence concerning this project. If you have any questions, please contact Mr. Nathaniel Duyck at 1325 J Street, Room 1350, Sacramento, California 95814, by email at Nathaniel.F.Duyck@usace.army.mil, or telephone at (916) 557-6883. For program information or to complete our Customer Survey, visit our website at www.spk.usace.army.mil/Missions/Regulatory.aspx. Sincerely, Leah Fisher Senior Project Manager CA North Section Enclosures -2- cc: (w/encls) Mr. Jeff Olberding, Olberding Environmental, Inc.; jeff@olberdingenv.com