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PRELIMINARY JURISDICTIONAL DETERMINATION FORM This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: District Office St. Paul District File/ORM # 2016-02345-LMG PJD Date: Aug 17, 2016 State [MN—; City/County Hugo/Washington Name/ The Excelsior Grou Nearest Waterbody: Clearwater Creek Address of p Person c/o Ms. Deb Ridgeway Location: TRS, Requesting 1660 Highway 100 South, Suite 400 LatLong or Ul M: T31N R21 W S29 Req g St. Louis Park, Minnesota 55416 45.14337,-92.99634 PJD Identify (Estimate) Amount of Waters in the Review Area: Name of Any Water Bodies Tidal: Non -Wetland Waters: Stream Flow: on the Site Identified as 260 linear ft F width �__ acres Section 10 Waters: Non -Tidal: Perennial Cowardin — r Office (Desk) Determination etl n s 5.7 acre(s) Class: Palustrine, emergent r Field Determination: Date of Field Trip: SUPPORTING DATA: Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): (T Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: lWestwood r, Data sheets prepared/submitted by or on behalf of the applicant/consultant. r Office concurs with data sheets/delineation report. r Office does not concur with data sheets/delineation report. r Data sheets prepared by the Corps r Corps navigable waters' study: r U.S. Geological Survey Hydrologic Atlas: f USGS NHD data. r, USGS 8 and 12 digit HUC maps. r U.S. Geological Survey map(s). Cite quad name: 1:24K MN-HUGo r USDA Natural Resources Conservation Service Soil Survey. Citation: lWashington County soil Survey_ rNational wetlands inventory map(s). Cite name: JUSFWS NWI & MnDNR NWI I- State/Local wetland inventory map(s): r FEMA/FIRM maps: f 100-year Floodplain Elevation is: r Photographs: r Aerial (Name & Date): FSA 2013 V, Other (Name & Date): Google Earth r Previous determination(s). File no. and date of response letter: r Other information (please specify): Washington county riDAR data IMPORTANT TE: he information recorded on this form has not necessarily been verifled by the Corps and should aid be relied upon for later 'urisdictional determinations. lw,�7 /Z_ dq�n� :) /b Signature and Date of Regulatory Project Manager Signature and Date of Person Requesting Preliminary JD (REQUIRED) (REQUIRED, unless obtaining the signature is impracticable) EXPLANATION OF PRELIMINARY AND APPROVED JURISDICTIONAL DETERMINATIONS: 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "preconstmctiou notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terns and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general pennit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terns and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject pennit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site or to provide an official delineation of jurisdictional waters on the site the Corps will provide an approved JD to accomplish that result as soon as is practicable,