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HomeMy WebLinkAboutNWO-2020-00394_AJD_05142021U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Page 1 of 3 Form Version 29 July 2020_updated I. ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination (AJD): 5/20/2021 ORM Number: NWO-2020-00394-MTH Associated JDs: N/A Review Area Location1: State/Territory: MT City: Bozeman County/Parish/Borough: Gallatin Center Coordinates of Review Area: Latitude 45.669492 Longitude -111.083507 II. FINDINGS A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the corresponding sections/tables and summarize data sources. ☐ The review area is comprised entirely of dry land (i.e., there are no waters or water features, including wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale. ☐ There are “navigable waters of the United States” within Rivers and Harbors Act jurisdiction within the review area (complete table in Section II.B). ☐ There are “waters of the United States” within Clean Water Act jurisdiction within the review area (complete appropriate tables in Section II.C). ☒ There are waters or water features excluded from Clean Water Act jurisdiction within the review area (complete table in Section II.D). B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2 § 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination N/A. N/A. N/A N/A. N/A. C. Clean Water Act Section 404 Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3 (a)(1) Name (a)(1) Size (a)(1) Criteria Rationale for (a)(1) Determination N/A. N/A. N/A. N/A. N/A. Tributaries ((a)(2) waters): (a)(2) Name (a)(2) Size (a)(2) Criteria Rationale for (a)(2) Determination N/A. N/A. N/A. N/A. N/A. Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters): (a)(3) Name (a)(3) Size (a)(3) Criteria Rationale for (a)(3) Determination N/A. N/A. N/A. N/A. N/A. Adjacent wetlands ((a)(4) waters): (a)(4) Name (a)(4) Size (a)(4) Criteria Rationale for (a)(4) Determination N/A. N/A. N/A. N/A. N/A. 1 Map(s)/figure(s) are attached to the AJD provided to the requestor. 2 If the navigable water is not subject to the ebb and flow of the tide or included on the District’s list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. 3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form. U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Page 2 of 3 Form Version 29 July 2020_updated D. Excluded Waters or Features Excluded waters ((b)(1) – (b)(12)):4 Exclusion Name Exclusion Size Exclusion5 Rationale for Exclusion Determination Section Line Ditch, West Gallatin Canal 2,258 Linear Feet (b)(5) Ditch that is not an (a)(1) or (a)(2) water, and those portions of a ditch constructed in an (a)(4) water that do not satisfy the conditions of (c)(1). These are irrigation ditches, constructed in uplands, that does not relocate or capture a water of the U.S. Section Line Ditch and West Gallatin Canal are operational ditches whose sole function is to supply water for agricultural purposes. It has been determined that the ditches do not relocate a natural tributary and was not constructed in an otherwise adjacent wetland. Water is diverted, downstream and is controlled through a headgate structure, from a natural tributary; however, it does not capture the entire tributary and meets the exclusions for ditches within the Navigable Waters Protection Rule. Wetlands adjacent to Section Line Ditch and West Gallatin Canal 1.45 acre(s) (b)(1) Water or water feature that is not identified in (a)(1)-(a)(4) and does not meet the other (b)(1) subcategories. The wetlands area a result of hydrology fed from the Section Line Ditch and the West Gallatin Canal which can be manipulated through headgate structures. The ditches were excavated in dryland and this part of the ditches are not relocated tributaries. III. SUPPORTING INFORMATION A. Select/enter all resources that were used to aid in this determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate. ☒ Information submitted by, or on behalf of, the applicant/consultant: Dated March 3, 2021 This information is sufficient for purposes of this AJD. Rationale: N/A or describe rationale for insufficiency (including partial insufficiency). ☐ Data sheets prepared by the Corps: Title(s) and/or date(s). ☐ Photographs: Select. Title(s) and/or date(s). ☐ Corps site visit(s) conducted on: Date(s). ☐ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s). ☐ Antecedent Precipitation Tool: provide detailed discussion in Section III.B. ☐ USDA NRCS Soil Survey: Web Soil Survey; February 26, 2021 ☐ USFWS NWI maps: NWI Wetland Mapper February 26, 2021 ☐ USGS topographic maps: Title(s) and/or date(s). Other data sources used to aid in this determination: 4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so. Corps districts may, in case-by-case instances, choose to identify some or all of these waters within the review area. 5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub-categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Page 3 of 3 Form Version 29 July 2020_updated Data Source (select) Name and/or date and other relevant information USGS Sources N/A. USDA Sources N/A. NOAA Sources N/A. USACE Sources N/A. State/Local/Tribal Sources N/A. Other Sources N/A. B. Typical year assessment(s): N/A or provide typical year assessment for each relevant data source used to support the conclusions in the AJD. C. Additional comments to support AJD: Ditches that do not relocate a tributary, were not constructed in a tributary or an otherwise adjacent wetland, are not regulated under Section 404 of the CWA.