- Date · Approved Jurisdictional Determination (JD)(For sites regulated under 33 CFR 320-330). An...

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

APPLICANT: Scheflow Engineers, Inc. PROJECT LOCATIONIWATERWAY: McHenry County

FILE NUMBER: 200600058 PROJECT REVIEW COMPLETED: Office NField

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 ID is an appealable action. (3.3 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. 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 ofJurisdictional Determination:

There are no jurisdictional waters of the United States prerient 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, includingall 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)) 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 CFK 328.3 (a)(7))

(XI The presence of an isolated water (e.g., intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadovis, playa lakes, or natural ponds). Other: Section I0 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 National Resources Conservation Service Soil Survey for McHenry County. [XI U. S. Geological Survey 7.5 Minute Topographic Maps: MARENGO SOUTH, 1968. 17 U. S. Geological Survey 7.5 Minute Historic Quadrangles:

U. S. Geological Survey 15 Minute Historic Quadrangles: IX] Aerial Photographs (Name & Date):1993, 2001. 2002. 2004 W Advanced Identification Wetland M a ~ s : MCHENR'I' COUNTY.. [XI Site Visit Conducted on: 10125/2005,'10/3112005 [XI Other inrormation: FEMA FIRM map

Rationale for Basis (applies to any boxes checked above): Two wetlands exist on the project site. The wetland in the north is an ADlD wetland. Both wetlands drain to a ditch which has no identifiable surface water connection to a navigable waterway.

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 debris n shelving

17 changes in the character of soil other: wetland boundary

Basis for Declining Jurisdiction:

q Unable to confirm the presence of waters listed in 33 CFK 328,3(a)(I), 328.3(a)(2), or 328.3(a)(4) through 328 3(a)(7) [XI 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 approvejurisdiction on the bask 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 28.2005. prepared by Phoenix Environmental, Inc..

This office does not confirm your wetland boundary

J- - Recommended by: Date: I ( - / -20& -.

Approved by: .r - Date: //- '2 -2 '~et lands 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 var) from methods described in the Corps Wetland Delineadon 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.

INFORMATION SIIEET DETERMINATIONS O F NO JURISDICTION FOR ISOLATED, NON-NAVIGABLE, INTRA-STATE WATERS RESULTING FROM U.S. SUPREME COURT DECISION IN SOLID WASTE AGENCY O F NORTHERN COOK

COUNTY V. U.S. ARMY CORPS O F ENGINEERS

DISTRICT OFFICE: Chicago FILE NUMBER: 200600058

REGULATORY PROJECT MANAGER: Kate Bliss Date: 1 110 112005

PROJECT REVIEW/DETERMINATION COMPLETED: In the office (YIN) Date: At the project siteY (YIN) Date: 1012512005. 1013 112005

PROJECT LOCATION INFORMATION: State: Illinois County: McHenry Center coordinates of site by latitude & longitudinal coordinates: 42-9-54.5260, 88-32-5.7009 Approximate size of sitelproperty (including uplands & in acres): 95 Name of waterway o r watershed:

SITE CONDITIONS:

1 Type of aquatic resource1 1 0-1 ac ( 1-3 ac 1 3-5 ac 1 5-10- 10-25 ac / 25-50 ac 1 > 50 ac / Linear 1 Unknown I

I I I I I I I I 1 'Check appropriate boxes that best describe type olisolated, non-navigable, intra-state water present and best estimate for size of non- jurisdictiunal aquatic resource area.

1 Migratory Bird Rule Factors': I If Known 1 IfUnknowo 1 Use Best Professional Jud men1 Predicted Not Expected to Not Able To Make

Determination Is or would be uscd as habitat for birds protected by

Is or would be used as habitat bv other mieratory birds that cross state lines?

of the Migralory Bird Rule to apply to onsite, non-jurisdictional, isolated,

TYPE O F DETERMINATION: Preliminary O r Approved

OPlTlONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph 1 - site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation o r interstate commerce connections; and paragraph 4 -site information on waters of the U.S. occurring onsite):

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

APPLICANT: Terraco, Inc. PROJECT LOCATIONWATERWAY: McHenry County

FILE NUMBER: 200600035 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 331.2). An approved JV is an appealable action. (33 CFR 331.2)

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

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

Basis of Jurisdictional Determination:

There arc no jurisdictional waters of the United States pre:;ent on the project site. U 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 CFR328,3(a)(I))

13 The presence of interstate waters (including interstate wetlands1). (33 CFR 328.3 (a)(2)) The presence of a tributary to an interstate water or other rvater 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))

[XI The presence of an isolated water (e.g., intrastate lakes. rivers, streams (including intermittent streams), mudflats, sandtlats, wetlands, sloughs, prairie potholes, wct mcadows, playa lakes, or natural ponds). Other: Srction 10 watcnvay.

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

[XI U. S. Geological Survey Hydrologic Atlas: WOODSTOCK, HA 256. USDA National Resources Conservation Service Soil Survey for McHenry County. U. S. Geological Survey 7.5 Minute Topographic Maps: WOODSTOCK, 1992. U . S. Geological Survey 7.5 Minute Historic Quadrangles: . U. S. Geological Survey 15 Minute Historic Quadrangles: Aerial Photographs (Name ti Date):2002,2004

[XI Advanced Identification Wetland Maps: MCHENRY COUNTY.. [XI Site Visit Conducted on: 813012005

Other information:

Rationale for Basis (applies to any boxes checked above): A wetland exists on the site which has a high functioning value, however it does not exhibit a surface water connection to a navigable waterway and is therefore not subject to regulations by the Department of the Army.

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 liner and debris :shelving changes in the character of soil other:

[XI wetland boundary


[XI LJnable 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) [XI 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 thc basis of 328.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries This oIficc concurs with your wetland delineation report dated , prepared by Huff ti Huff Inc.

[XI This office does not confirm your wetland boundary

--------- s--------- Recommended by: Date:

Approved by: - Date: // - / - La-&-

'Wetlands arc identified and delineated using the methods and criteriaestablished in the Corps Wetland Delineation Manual (87 Manual) ( i e , occurrence of hydrophytie vegetation, hydric soils and wetland hydrology). Processes for determining wetlands on agrleultuml 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.

INFORMATION SHEET DETEHLIIY\l'IONS O F NO JI 'RISI ) ICTlOh FOR ISOI..\TED. SON-S.A\'IC;:\BI.E. INTR \-Sl':\l'E WATERS

HESIII.TINC FHOIl U.S. SI 'PREIIE COIIHT DECISION IN SOLID WhSl 'E . \CE NCY O F NOHTIIERY C O O K COUNTY V. U.S. ARMY CORPS 0 F ENGINEERS


REGULATORY P R O J E C T MANAGER: Kale Bliss Date: October 26,2005

PROJECT REVIEWmETERMINATlON COMPLETED: In the office ( Y N ) Date: At the projeel siteY (I'm) Dale: 8130/2005

PROJECT LOCATION INFORMATION: State: Illinois County: McHenry Center coordinates or rite by la t i tude& longitudinal coordinates: 42-17-48.9815. 88-27-17.8526 Approximntc size of sitelproperty (ineluding uplands & in aeres): 40 Name of waterway o r watershed: Kishwaukee

SITE CONDITIONS:

jurisdictional aquatic resource ares.

- . Use Beat Professional Judgment

Yes No Predicted Not Expected to Not lo Occur Oeeur Determination

1s or would be used as hsbitat for birds protected by ti4 I u 1 u I Migratory Bird Treaties? 1 Is or would be used IS habits1 by other rnigratov birds that orass a8tc linea? In or would be used as habits1 for end~ngered species? u Is vsed to irrigate crops sold in inlrrsUle commerce? 'Chock appropriate bores that b e t describe palential for applicability olthe

-able, intrs-stale aquatic resource wen.

TYPE O F DETERMINATION: Preliminary [7 O r Approved [ql

OPITIONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph 1 -site conditions; paragraphs 2-3 - rationale vsed to determine NJD, including information reviewed to assess potential navigation o r interstate commerce connections; and paragraph 4 -site intormation on waters o f t h e U.S. occurring onsile):

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT 1I.S. Army Corps of Engineers, Chicago District

APPLICANT: Steven Nan Croup PROJECT LOCATIONIWATERWAY: Kishwaukee River. McHenry Co.

FILE NUMBER: 200500799 PROJECT REVIEW C0MPLE:TED: OfIice [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. (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. There are waters of the United States on the project site.

[XI There are both waters of the United States and non-juri!;dictional waters on the project site.


There are no jurisdictional waters of the United States present on the project site. The presence ofwarers 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 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)) [XI The presence of wetlands adjacent2 ( bordering, contiguou:j, orneighboring) to interstate or other waters of the US.

except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7)) [XI 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 [XI U. S. Fish and Wildlife Service National Wetland Inventory: HUNTLEY. [XI U. S. Geological Survey Hydrologic At la : HUNTLEY, HA 361. [XI USDA National Resou-ces Conservation Service Soil Survey for McHenry County. [XI U. S. Geological Survey 7.5 Minute Topographic Maps: HUNTLEY, 1992.

U. S. Geological Survey 7.5 Minute Historic Quadrangles: [XI U. S. Geological Survey 15 Minute Historic Quadrangles: ELGTN. 1925. [XI Aerial Photographs (Name & Date): 2004, 2002 [XI Advanced Identification Wetland Maps: MCHENRY COUNTY.. [XI Site Visit Conducted on: June 28, 2005

Other information:

Rationale for Basis (applies to any boxes checked above): Referencing the Wetland Delineation Report dated May 2005, as prepared by Bollinger, Lach and Associates, Inc., Wetlands I , 2 and 3 are tributary to the Kishwaukee River. The Kishwaukee River is lributary to the Rock River, a navigable waterway under Department of the Amly jurisdiction. Wetland 4 and 5 appear isolated and are therefore not regulated by the Department of the Anny.

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


[XI 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) [XI Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

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

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

Confirmation of Wetland Boundaries [XI This office concurs with your wetland delineation report dated May 2005, prepared by Bollinger, Lach and Associates, Inc.

This office does not confirm your wetland boundary C I I

Recommended by: - 'a --- - - - - Date: I ' I l 1 0 ~ 1 I

-~ Approved by: -5'- - Date: ) / / 2 / c r

'Wetlands are identified and delineated using the methods and criteriaestablished in the Corps Wetlad Delineation Manual (87Manual) (ie., occurrence of hydromytic vegelatioq hydric soils and wetland hydrology). Processes Sor 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.

INFORMATION SHEET DETERMINATIONS O F NO JURISDICTION FOR ISOLATED, NON-NAVIGABLE, INTRA-STATE WATERS

RESULTING FROM U.S. SUPREME COURT DECISION IN SOLID WASTE AGENCY O F NORTHERN COOK COUNTY V. U.S. ARMY CORPS O F ENGINEERS


REGULATORY PROJECT MANAGER: Kate Bliss Date: 1 11112005

PROJECT REVIEWlDETERMlNATlON COMPLETED: In the office (Ym) Date: At the project siteY (Ym) Date: 6128105

PROJECT LOCATION INFORMATION: State: Illinois County: McHenry Center coordinates of site by latitude & longitudinal coordinates: 42-13-43.2232, 88-25-37.2370 Approximate size of sitelproperty (including uplands & in acres): 67 Name of waterway or watershed: Kishwaukee

SITE CONDITIONS:

--

Migratory Bird Rule ~actors': r-- If Unknown Use Best Professional Judgment

/ Predicted I Not Exoected to I Not Able To Make to Occur Determination

would be used as habitat for birds protected by Migratory Bird Treaties?

would be used as habitat by other ,

cross state lincsl -- - 0-ma - - --

Is or would be used as habitat fur endangtred species? 7 -- ---- '0 Is used a) irrigale crops sold in interstate cun~mercc? 0 7 - 3--- 'Check appropriate boxes that bmt describe P(~tentia~ for a p p l i c G t ) of the ilngratnr) Bird Rulr to appl) to onsite, non~jurisdictional, isolated,

1 non-navigable, intra-state aquatic resource area. u I


OPlTIONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph I -site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce connections; and paragraph 4- site information on waters of the U.S. occurring onsite):

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

APPLICANT: Carl Vandenburg PROJECT LOCATIONIWATERWAY: Southcnst of the Intersection of Laraway Road and Route 45 in Frankfort, Will County, Illinois FILE NUMBER: 200500875 PROJECT REVIEW COMPLETED: [XI Omce n ~ i e l d

Approved Jurisdictional Determination (JD) (For Sites regulatc:d 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.

There are non-jurisdictional watcrs on the project site. 17 There are waters of the United Slates on the project site. [XJ There are both waters of the United States and non-jt~risdictional waters on the project site.


There are no jurisdictional waters of the United States present on the project site. q The presenee of waters which are currently used, or were used in the past, or may be susceptible for use to transport interstatc or foreign commerce, including all waters which art: 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 orthe 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), mudtlats,

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

17 Section 10 waterway.

Information Reviewed [XI U. S. Fish and Wildlife Service National Wetland Inventory: FRANKFORT. [XI U. S. Geological Survey Hydrologic Atlas: FRANKFORT, 231. [XI USDA Natural Resources Conservation Service Soil Survey for Will County. [XI U. S. Geological Survey 7.5-Minute Topographic Maps: FRANKFORT, 1990.

U. S. Geological Survey 7.5-Minute Historic Quadrangles: q U. S. Geological Survey 15-Minute Historic Quadrangles: [XI Aerials (Name & Date):Frankfort, 2001 17 Advanced Identification Wetland Maps: . q Site Visit Conducted on: 17 Other information:

Rationale for Basis (applies to any bores cheeked above): Unnamed Tributary IIWetland 1 and Unnamed Tributary 2 are hydrologically connected to Jackson Creek. Jackson Creek flow:; into the Des Plaines River, a navigable waters of the U.S. and is therefore jurisdictional. Wetland 2 and Wetland 3 are isolated and therefore not jurisdictional.


clear, natural line impressed on the bank destruction of terrestrial vegetation q the presence of litter and debris q shelving 17 changes in the character of soil other: q wetland boundary


a 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 undcr consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

q Area under consideration is likely have been jrlrisdictional 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 q This office concurs with your wetland delineation report dated , preparcd by q This office does not confirm your wetland boundary

Recommended by: 5 - Date: /XU 0

Approved by: -.J - Date: 1 f low c 5- 'Wetlands are identified and delineated usine the methods and criteriaestablished in the Corns Wetland Delineation Manual 187 Manual) (i.e.. . . occurrence of hydrophytic vcgctation hydric soils and wetland hydrolo,g) 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 arealso adjacent.




REGULATORY PROJECT MANAGER: Melyssa Cruz Date: I Nov 2005

PROJECT REVIEWIDETERMINATION COMPLETED: In the office Y (Yh') Date: I Nov 2005 At the project site (Yh') Date:

PROJECT LOCATION INFORMATION: State: Illinois County: Will Center coordinates of site by latitude & longitudinal coordinates: 41 28.44.27 & 87 52.25.26 Approximate size of sitelproperty (including uplands & in acres): Name of waterway or watershed:

SITE CONDITIONS:

aquatic resource area.

Migratory Bird Rule Factors':

Determination Is or would be used as habitat for birds protected by

cross state lines? 1 1 I I -orred speciesspeeies? 1

Is us-s sold in interstate commerce? 1 I3 'Check appropriate boxes that best describe potential for applicabilit

~ ~

bon-naviiable, intra-state aquatic resource area.


OPlTlONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph 1 -site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce connections; and paragraph 4 - site information on waters ol'the U.S. occurring onsite):


APPLICANT: Anthony Diasiol Condon Consulting Engineers PROJECT LOCATIONIWATERWAY: McHenry County

FILE NUMBER: 200501 150 PROJECT REVIEW COMPLETED: Olfice [XIField

Approved Jurisdictional Determination (JD)(For sites regulated under 33 CFR 320-330). An approved JD is an appealable action. (33 CFR 331.2). An approved JD is an appealable action. (33 CFR 33 1.2)


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


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)) The presence of a tributary to an interstate water or other w:%ter 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))

[XI 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.

lnformation Reviewed [XI U. S. Fish and Wildlife Service National Wetland Inventory: CRYSTAL LAKE. (XI U. S. Geological Survey Hydrologic Atlas: CRYSTAL LAKE, HA 253. [XI 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 Quadrang,les:

[XJ Aerial Photographs (Name & Date):l939, 2001, 2002, 2004 [XI Advanced Identification Wetland Maps: MCHENRY COUNTY.. [XI Site Visit Conducted on: 1013/2005 (XI Other inrotmation: PEMA FIRM map, NRCS Certified Wetland map

Rationale for Basis (applies to any boxes checked above): Two wztlands present on site have no apparent surface water connection to a navigable waterway and are therefore not subject to Ilepartment of the A m y Regulations.


clear, natural line impressed on the bank destruction of terrestrial vegetation the presence of litter and debris sh8:lving changes in the character of soil other:

[XJ wetland boundary


[XJ 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) [XI Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria



Confirmation of Wetland Boundaries [XI This office concurs with your wetland delineation report dated September 19,2005, prepared by ENCAP, Inc.

This office does not mnlirm your wetland boundary C _

Recommended by: 5 ~ - Date: - Approved by: - Date: // - 3 - 2 a-4- 'Wetlands are identified and delineated using the methods and criteria established in the Corps Wellanl Delineation Manual (87 Manual) (i.e., occurrence of hydroflytic vegelalioq 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.

INFORMATION SHEET DETERMINATIONS O F NO JURISDICTION FOR ISOLATED, NON-NAVIGABLE, INTRA-STATE WATERS RESULTING FROM U.S. SUPREME COURT DECISION IN SOLID WASTE AGENCY O F NORTHERN COOK


DISTRICT OFFICE: Chicago FILE NUMBER: 200501 150

REGULATORY PROJECT MANAGER: Kate Bliss Date: 11/02/2005

PROJECT REVIEWIDETERMINATION COMPLETED: In the office (YN) Date: At the project siteY (YIN) Date: 10/0312005

PROJECT LOCATION INFORMATION: State: Illinois County: McHenry Center coordinates of site by latitude & longitudinal coordinates: 42-1 3-44.1471, 88-22-0.3194 Approximate size of sitelproperty (including uplands & in acres): 19 Name of waterway or watershed:

SITE CONDITIONS:

I Type of aquatic resource1 1 0-1 ac 1 1-3 ac 1 3-5 ac / 5-10 ac 1 10-25 ac 1 25-50 ac 1 > 50 ae / Linear 1 Unknown 1

- 'Check appropriate boxes that bcst describe type olisolated, non-navigable, intra-state water prescnt and best estimate lor size olnon- jurisdictional aquatic resource area.

I Mieratow Bird Rule Factors': I If Known I llUnknown I

Determination

cross state lines? Is or would be used as habitat for endangered species? 1 1 1 1 I [XI

m a t e crops sold in interstate commerce? 1 / [XI 1 1 1 'check appropriatc boxes that best describe potential for applicability of the Migratory Bird Rule to apply to onsite, non-jurisdictional, isolated, non-navigable, intra-state aquatic resource area.

TYPE OF DETERMINATION: Preliminary O r Approved

OPITIONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph 1 -site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce connections; and paragraph 4 -site information on waters of the U.S. occurring onsite):


APPLICANT: Condon Consulting Engineers PROJECT LOCATIONIWATERWAY: Kishwaukee, McHenry County

FILE NUMBER: 200500818 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 331.2). An approved JD is an appealable action. (33 CFR 331.2)


IXI There are non-jurisdictional waters on the project site. 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.


There are no jurisdictional waters of the United State:: 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 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 adjacentz ( bordering, contrguous, or neighboring) to interstate or other waters of the US, except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7))

[XI 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: MARENGO NORTH. [XI U. S. Geological Survey Hydrologic Atlas: MARENGO NORTH, HA 495. IXI USDA National Resources Conservation Service Soil Survey for McHenry County. IXI U. S. Geological Survey 7.5 Minute Topographic Maps: MARENGO NORTH, 1970.

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

[XI Aerial Photographs (Name & Date):2001, 2002, 2004 [XI Advanced Identification Wetland Maps: MCHENRY COUNTY.. [XI Site Visit Condueted on: 7/19/2005 [XI Other information: NRCS Certified Wetland Determination, FEMA FIRM map

Rationale for Basis (applies to any boxes checked above): The two wetlands present on the site have no apparent surface water connection to waters of the United States.


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:

IXI wetland boundary


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) IXI Area under eonsideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria



Confirmation of Wetland Boundaries [XI This office concurs with yonr wetland delineation report dated June 20, 2005, prepared by ENCAP, Inc.

This office does not confirm your wetland boundary __C s ----. Recommended by: Date:

Approved by: - Date: w 7- 24-5- - 'Wetlands are identified and delineated using h e methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) ( i e , occurrence of hydrolhytic vegetatioq hydric soils and wetland hydrology). Processes for determining wetlandson agricultural lands may vary from methods described in h e 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 h e like are also adjacent.

INFORMATION SHEET DETERMINATIONS O F NO JURISDICTION FOR ISOLATED. NON-NAVIGABLE. INTRA-STATE WATERS RESULTING FROM U.S. SUPREME COURT DECISION IN SOLID WASTE AGESCY O F NORTHERS COOK




PROJECT REVIEWlDETERMINATION COMPLETED: In the olfice (Ym) Date: At the project siteY (YN) Date: 7/19/2005

PROJECT LOCATION INFORMATION: State: Illinois County: McHenry Center coordinates of site by latitude & longitudinal coordinates: 42-16-33.8235, 88-33-21.1 708 Approximate size of sitelproperty (including uplands & in acres): 56 Name of waterway or watershed: Kishwaukee

SITE CONDITIONS:


Migratory Bird Rule Factors1:

Is or would be used as habitat for birds protected by Migratory Bird Treaties? Is or would be used as habitat by other migratory birds that cross state lines? Is or would be used as habitat for endangered species? Is used to irrieate crops sold in interstate commerce?


If Know

Yes

(XI

(XI

'Check appropriate boxes that best describe potential for applicability of non-navigable, intra-state aquatic resource area.

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of E:ngineers, Chicago District

APPLICANT: Bill Bohne PROJECT LOCATIONIWATERWAY: McHenry County

FILE NUMBER: 200501027 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 331.2). An approved JD is an appealable action. (33 CFR 33 1.2)


[XI There are non-jurisdictional waters on the project site. 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.


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)) 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))

[XI The presence of an isolated waLer (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 (XI U. S. Fish and Wildlife Service National Wetland Inventory: CRYSTAL LAKE.

U. S. Geological Survey Hydrologic At l s : . (XI USDA National Resources Conservation Service Soil Survey for McHenry County.

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:

[XI Aerial Photographs (Name & Date):ZOOI ,2002,;!004 Advanced ldentification Wetland Maps: MCHE:NRY COUNTY ..

[XI Site Visit Conducted on: 9/12/2005 [XI Other information: FEMA FIRM map

Rationale for Basis (applies to any boxes checked above): Wetland 1 as referenced in the Wetland Delineation Report Dated August 12,2005 as prepared by ENCAP Inc., has no apparent surface water connection to a navigable waterway and is therefore not subject to regulations by the Department of the Army.





(XI 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) (XI Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria



Confirmation of Wetland Boundaries [XI This office concurs with your wetland delineation report dated 8/12/2005, prepared by ENCAP Inc


Recommended by: - s - Date:

- - Approved by: Date: / 2 - 3 0 o_\-

'wetlands are identified and delinealed uslng the methods and criteriaestablished in the Corps Wetland Delineation Manual (87 Manual) ( ie. , occurrence of hydro&ytic vegetat~on hydr~c soils and wetland hydrology). Processes for determ~n~ng wetlandson agricultural lands may vary from methods described in the Corps Wetland Dellneation Manual (1587).

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





PROJECT REVIEW/DETERMINATION COMPLETED: In the office (YN) Date: At the project siteY ( Y N ) Date: 9/12/2005

PROJECT LOCATION INFORMATION: State: Illinois County: McHenry Center coordinates of site by latitude & longitudinal coordinates: 42-1 2-19.9143, 88-22-22.0074 Approximate size of sitelproperty (including uplands & in acres): 11 Name of waterway o r watershed:

SITE CONDITIONS:

I I I I I I I I I I I 1 'check appropriate boxes that best describe type of isolated, n o n - n a v i g a h b

I Mieratorv Bird Rule Factors': 1 IlKnown I I1 Unknown 1

l r T N o 1 Use Best Prorcss~um~a~ ~uurrneut I 1

TYPE O F DETERMINATION: Preliminary O r Approved [XI

Mi ratory Bird Treaties? k Is or would be used as habitat by other migratory birds that cross state lines? Is or would be used as habitat lor endangered species?

-ate crops sold in interstate commerce?

OPITIONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g.. paragraph I -site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce connections; and paragraph 4 -site information on waters of the U.S. occurring onsite):

'Check appropriate boxes that best describe potential lor applicability of the Migratory Bird Rule to non-navizable, intra-state aquatic resource area.

I

[XI

[XI


APPLICANT: Mr. Ike Alexis PROJECT LOCATIONIWA1:ERWAY: West of Summit Avenue, Approx. 115 Feet North of Roosevelt Road. Villa Park, DuPage County, Illinois

FILE NUMBER: 200500977 PROJECT REVIEW C0:MPLETED: q Ofice [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: q There are no waters on the project site. [XJ There are non-jurisdictional waters on the project site.

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 durisdictional 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 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))

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))

[XI 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 [XI U. S. Fish and Wildlife Service National Wetland Inventory: HINSDALE. [XJ U. S. Geological Survey Hydrologic Atlas: HINSDALE, HA 86. [XI USDA Natural Resources Conservation Service Soil Survey for DuPage County. [XI U. S. Geological Survey 7.5 Minute Topographic Maps: HINSDALE. 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): [XI Advanced Identification Wetland Maps: DUPAGE COUNTY.. [XI Site Visit Conducted on: October 20, 2005 q Other information:

Rationale for Basis (applies to any boxes checked above): The two wetland areas identified within the project site do not have a hydrological connection to a navigable waters of the U.S. therefore they are considered isolated.


q 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

wetland boundary


[XI 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) [XI 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


ConF~rmation of Wetland Boundaries [XI This office concurs with your wetland delineation report dated April 5,2005. prepared by WSI Environmental q This office does not confirm your wetland boundary. - 3 Recommended by: Date: //- Y -Ox

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.

INFORMATION SHEET DETERMINATIONS OF NO JURISDICTION FOR ISOLATED, NON-NAVIGABLE, INTRA-STATE WATERS RESULTING FROM U.S. SUPREME COURT DECISION IN SOLID WASTE AGENCY OF NORTHERN COOK

COUNTY V. U.S. ARMY CORPS OF ENGINEERS


REGULATORY PROJECT MANAGER: Diedra Willis Date: November 3,2005

PROJECT REVIEWlDETERMINATION COMPLETED: In the ofice C@N) Date: November 3,2005 At the project site @N) Date: October 20. 2005

PROJECT LOCATION INFORMATION: State: Illinois County: DuPage Center coordinates of site by latitude & longitudinal coordinates: 41-5 1-40.5229 & 87-58-25.6188 Approximate size of sitelproperty (including uplands & in acres): 0.8 acre Name of waterway or watershed: Salt Creek

SITE CONDITIONS:

cross state lines? Is or would be used as habitat for endangered species? 1 1 1 1 1 kl Is used to irrigate crops sold in interstate commerce? 'check appropriate boxes that best describe potential for applicab

If Unknown Use Best Professional Judgment

Migratory Bud Rule ~actors':

Is or would be used as habitat for buds protected by Migratory Bird Treaties? Is or would be used as habitat by other migratory birds that

TYPE OF DETERMINATION: Preliminary Or Approved

Yes 1 No 1 Predicted 1 Not Expected to 1 Not Able To Make

U' Known

OPITIONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph 1 - site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce connections; and paragraph 4 -site information on waters of the U.S. occurring onsite):

n L1

to Occur u

0ecur

u

Determination 1 M

€4

APPROVED JURlSDlCTIONAL DETEIWINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: DuPage County Department of Transportation PROJECT LOCATIONIWATERWAY: Jewell Road Between County Farm Rd on the West and Gary Ave on the East in Wheaton and Winfield, DuPage County, IllinoislWinfield Creek

FILE NUMBER: 200501 146 PROJECT REVIEW COMPLETED: [XI Office [XIField


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


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)) [XI 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))

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))

[XI 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 [XI U. S. Fish and Wildlife Service National Wetland Inventory: WEST CHICAGO. [XI U. S. Geological Survey Hydrologic Atlas: WESTCHICAGO, HA 202. [XI USDA Natural Resources Conservation Service Soil Survey for DuPage County.

U. S. Geological Survey 7.5 Minute Topographic Maps: WEST CHICAGO, 1993. q U. S. Geological Survey 7.5 Minute Historic Quadrangles: q U. S. Geological Survey 15 Minute Historic Quadr;mgles: [XI Aerial Photographs (Name & Date):2002 [XI Advanced Identification Wetland Maps: DUPAGE COUNTY.. [XI Site Visit Conducted on: October 20,2005 IXI Other information: Wetland Report dated May 3,2005; prepared by Planning Resrouces, Inc

Rationale for Basis (applies to any boxes checked above): Wetlands A and C have a hydrological connection to Winfield Creek which is ajurisdictional Waters of the U.S. Wetland B within the project site appears to be isolated and therefore is not a jurisdictional wetland.


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 q wetland boundary


[XI Unable to confirm the presence of waters listed in 33 CFll328.3(a)(1), 328.3(a)(2). or 328.3(a)(4) through 328.3(a)(7) [XI 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


Confirmation of WetIand Boundaries q This office concurs with your wetland delineation report dated , prepared by . q This office does nficonfirm your wetland boundary.

Recommended b) . _ -5 * Date: / / c 7 - o S 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, beaeh dunes, and the like are also adjacent.

INFORMATION SHEET DETERMINATIONS OF NO .IURISDICTION FOR ISOI.ATED, NON-NAVIGABI.E, INTRA-STATE WATEKS W:SUI.TING FRO31 U.S. SUPREhlE COURT DECISION IN SO1.W WASTE AGENCY OF NORTIIERN COOK




PROJECT REVIEW/DETERMINATION COMPLETED: [n the office f (Ym) Date: November 7,2005 At the project site f (Y/N) Date: October 20,2005

PROJECT LOCATION INFORMATION: State: Illinois County: DuPage Center coordinates of site by latitude & longitudinal coordinates: 41-52-35.3399 & 88-8-9.4343 Approximate size of sitelproperty (including uplands & in acres): 6 Name of waterway or watershed: Winfield Creek

SITE CONDITIONS:

I Mieratom Bud Rule ~acturs': 1 If Known 1 If Unknown I 1 I Use Best Professional Judgment -1 No I Predicted 1 Nut Expected to 1 Not Able To Make

Is or would be used as habitat for buds protected by Migratory Bud Treaties? Is or would be used as habitat by other migratory birds that

1 non-navigable, intra-state aquatic resource area.

cross state lines?

TYPE OF DETERMINATION: Preliminary [7 Or Approved [XI

b I

OPITIONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph 1 -site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce connections; and paragraph 4 -site information on waters of the 1J.S. occurring onsite):

Is or wnuld hc used as hahitat for endangered species? 1 I u Is used to irriyate crups wld in interstate commcrcef I [XI 'Check appropriate boles that b a t describe potential fur applicability of the Migratory Bud Rule to apply to onsite, nun-jurisdictional, isolated,

to Occur

u

&cur u

Determination h

€4


APPLICANT: Housing Resources Company PROJECT L0C:ATIONIWATERWAY: McHenry County

FILE NUMBER: 200501 155 PROJECT REVIEW COMPLETED: Office HField



IXJ There are non-jurisdictional waters on the project site. 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.


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)) 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 meadows, playa lakes, or natural ponds). Other: Section I0 waterway.

Information Reviewed [XI U. S. Fish and Wildlife Service National Wetland Inventory: BARRINGTON. [XI U. S. Geological Survey Hydrologic Atlas: CRYSTAL LAKE, HA 253. [XI USDA National Resources Conservation Service Soil Survey for McHenly County.

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

IXJ Aerial Photographs (Name & Date): Advanced Identification Wetland Maps: MCHENRY COUNTY.. Site Visit Conducted on: 10/31/2005, 11/8/2005

(XI Other information: FEMA FIRM map, NRCS farmed wetland determination, tile survey

Rationale for Basis (applies to any boxes checked above): About 42 acres of wetlands or waters at about 20 locations have been identified on the project site in the Wetland Delineation dated September 19, 2005. None of these have a surface water connection to a navigable waterway and are therefore not jurisclictional.





IXJ 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) [XI Area under consideration is likely to have been jllrisdictional under pre-SWANCC Migratoly Bird Rule criteria

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

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

Confirmation of Wetland Boundaries This office concurs with your wetland delineation report dated September 19 2005, prepared by Cowhey Gudmindson

Leder, Ltd.. This office does not confirm your wetland boundary

.- -

Recommended by: Date:

Approved by: - - Date: // - / C - CJ- 'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrenee of hydrolhytic vegetatio~ hydric soils and wetland hydrology). Processes for determining wetlandson agricullural lands may vary from methods described in the Corps Wetland Delineation Manual (1987).


INFORMATION SHEET DETERMINATIONS OF NO JURISDICTlON FOR ISOLATED, NON-NAVIGABLE, INTRA-STATE WATERS RESULTING FROM U.S. SUPREME COURT DECISION IN SOLID WASTE AGENCY OF NORTHERN COOK




PROJECT REVIEWIDETERMINATION COMPLETED: In the office (YN) Date: At the project siteY (YN) Date: 10131/2005, 11/8/2005

PROJECT LOCATION INFORMATION: State: Illinois County: McHenry Center coordinates of site by latitude & longitudinal coordinates: 42-10-8.5341,88-14-57.0240 Approximate size of site/property (including uplands & in acres): 600 Name of waterway or watershed: Fox

SITE CONDITIONS:

I Migratory Bird Rule Factors': / If Known 1 IfUnknown I

No Use Best Professional Judgment

to Occur Occur Determination

1 non-navipable, intra-state aquatic resource area.

TYPE OF DETERMINATION: Preliminary Or Approved [XI

OPlTlONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph 1 -site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce connections; and paragraph 4 -site information on waters oi'the U.S. occurring onsite):


APPLICANT: US Shelter Group PROJECT LOCATIONIWATERWAY: McHenry CountylKishwaukee

FILE NUMBER: 20060070 PROJECT REVIEW COMPLETED: [7 Office [XJField


Based on available information: [7 There are no waters on the project site. (XI There are non-jurisdictional waters on the project site.

There are waters of the United States on the project riite. There are both waters of the United States and non-jorisdictional waters on the project site.


There are no jurisdictional waters of the United States present on the projeet 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))

[7 The presence of interstate waters (including interstate wetlands'). (33 CFR 328.3 (a)(2)) [7 The presence of a tributary .o an interstate water or other water of the US. (33 CFR 328.3 (a)(5))


(XI 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).

[7 Other: Section 10 waterway.

Information Reviewed (XI U. S. Fish and Wildlife Service National Wetland Inventory: HUNTLEY. (XI U. S. Geological Survey Hydrologic Atlas: HUNTL.EY, HA 361. [XJ USDA National Resources Conservation Service Soil Survey for McHenry County. IXI U . S. Geological Survey 7.5 Minute Topographic Maps: HIJNTLEY, 1992.

U. S. Geological Survey 7.5 Minute Historic Quadrangles: CI] U. S. Geological Survey 15 Minute Historic Quadrangles: (XI Aerial Photographs (Name & Date):2002, 2004

Advanced Identification WetlandMaps: MCHENRY COUNTY.. (XI Site Visit Conducted on: 1012512005

Other information:

Rationale for Basis (applies to any boxes checked above): The 2 wetlands identified on the south half of the site have no surface water connection to a navigable waterway. The 2 wetlands identified on the north half of the site are nearby a jurisdictional waterway however do not have an apparent surface water connection.


clear, natural line impressed on the bank destruction of terrestrial vegetation 11 the presence of litter a , ~ d debris [7 shelving

changes in the character of soil other: (XI wetland boundary


[XJ 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) [XI Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria


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

Confirmation of Wetland Boundaries [7 This office concurs with your wetland delineation report dated 20 Oct 2005, prepared by Raisanen & Associates [XJ This office does not confirm your wetland boundary

Recommended by: - J ------.-__- Date: (f'- Approved by: - - Date: / (6- C T

'Wetlands are identified and delineated using the methods and criteriaestablished in the Corps Wetland Delineation Manual (87 Manual) (ie., occurrence of hydromytic vegetatioq 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 biuriers, natural river berms, beach dunes, and the like are also adjacent.

INFORMATION SHEET DETERMINATIONS O F N O JURISDICTION F O R ISOLATED, NON-NAVIGABLE, INTRA-STATE WATERS

RESULTING F R O M U.S. SUPREME COURT DECISION IN SOLID WASTE AGENCY O F NORTHERN C O O K COUNTY V. U.S. ARMY CORPS O F ENGINEERS

DISTRICT OFFICE: Chicago F ILE NUMBER: 200600070

REGULATORY P R O J E C T MANAGER: Kate Bliss Date: 11/15/05

P R O J E C T REVIEWIDETERMINATION COMPLETED: In the office (Y/N) Date: At t he project siteY (YIN) Date: 10/25/2005

PROJECT LOCATION INFORMATION: State: Illinois County: McHenry Center coordinates of site by latitude & longitudinal coordinates: 42-1 1-49.6306, 88-26-30.4898 Approximate size of site/property (including uplands & in acres): 130 Name of waterway o r watershed: Kishwaukee

SITE CONDITIONS:

I Mieratow Bird Rule Factors': I If Known I Ifunknown I

17 1 No I Use Best Professional Judgment I Predicted I Not Expected to I Not Able To Make

cross state lines? I I I I I Is or would be used as habitat for endangered species? 1 1 I [XI 1 Is used to irrigate crops sold in interstate commerce? 1 I N 1 1 1 'Check appropriate boxes that best describe potential for applicability of Ihe Migratory Bird Rule to apply to onsite, non-jurisdictional, isolated, non-navigable, infra-state aquatic resource area.

Is or would be used as habitat for birds protected by Migratory Bird Treaties? Is or would be used as habitat by other migratory birds that


OPITIONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph 1 -site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce

[XI

[XI

connections; and paragraph 4 -site information on waters of the U.S. occu;ring onsite):

to Occur occur Determination


APPLICANT: Dart Container Corp. PROJECT LOCATIONIWATERWAY: Property located south of 1-88, north of Sullivan Road and east of Randall Road in Aurora, Kane County, Illinois (NW 114 of Section 9, T38N R7E)

FILE NUMBER: 200500992 PROJECT REVIEW COMPLETED: [XI Oftice OField

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




There are no jurisdictional waters of the United States present on the project site. 17 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)) 17 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, rivers, streams (including intermittent streams), mudflats,

sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds). [XI Other: There is a detention pond on-site.

Section 10 waterway.

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

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: AURORA NORTH, 1993.


[XI Aerial Photographs (Name & Date):USGS April 10,2002 [XI Advanced Identification Wetland Maps: KANE COUNTY

Site Visit Conducted on: [XI Other information: FEMA FIRM

Rationale for Basis (applies to any boxes checked above): The on-site detention pond is not under the jurisdiction of the U.S. Army Corps of Engineers.


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: wetland boundary


[XI 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

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


Confarmation of Wetland Boundaries This office concurs with your wetland delineation report dated , prepared by . This office does not confirm your wetland boundaly. I . . 1

_____---- -7- , Recommended by: 2 Date:

-S- I I Approved by: Date: / / k s - / * S 7

'wetlands are identified and delineated using the methods and criteria established i n 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 deseribed I n the Corps Wetland Delineation Manual (19871.

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



1)ISrHICT OFFICE: Chicago FILE NC'\IUI.:R: ?00.500992

REGULATORY PROJECT MANAGER: Jaimee Hammit Date: 11/14/05

PROJECT REVIEW/DETERMINATION COMPLETED: In the office (Y/N) Date: 11/14/05 At the project site (Y/N) Date:

PROJECT LOCATION IhTORMATION: State: Illinois County: Kane Center coordinates of site by latitude & longitudinal coordinates: Lat: 41-47-42, Lon: 88-20-15 Approximate size of sitelproperty (including uplands & in acres): 74 acres Name of waterway or watershed:

SITE CONDITIONS:

I Migratory Bud Rule Factors': I If Known 1 If Unknown

Migratory Bird Treaties? Is or would be used as habilat by other migratory birds that cross state lines? Is or would be used as habitat for endangered species? f l Is used to irrigate crops sold in interstate commerce? 'Check appropriate boxes that best describe potential for applicability o non-navigable, intra-state nquatic resource area.


OPITIONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph I - site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce connections; and paragraph 4 -site information on waters of the U.S. occurring onsite):


APPLICANT: Smetana Builders PROJECT LOCATIONWATERWAY: 380 South Center Street in Braidwood. Illinois 60408 FILE NUMBER: 200501093 PROJECT REVIEW COMPLETED: Office UFie ld

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


[XI 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)) 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).

q Other: q Section I0 waterway.

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

[XI U. S. Geological Survey Hydrologic Atlas: MANHATTAN, 21 1. USDA Natural Resources Conservation Service Soil Survey for Will County. U. S. Geological Survey 7.5-Minute Topographic Maps: MANHATTAN, 1990. U. S. Geological Survey 7.5-Minute Historic Quadrangles:

17 U. S. Geological Survey 15-Minute Historic Quadrangles: [XI Aerials (Name & Date): Green Garden, 2000

Advanced Identification Wetland Maps: 13 Site Visit Conducted on:

Other information:

Rationale for Basis (applies to any boxes checked above): The farmed wetland located on the subject property is isolated and therefore not jurisdictional.

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

changes in the character of soil q other: wetland boundary


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 not likely have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria


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: f 3- 7/LOd C3 5/ l

Wctland 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).

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

INFORMATION SHEET DETERMINATlONS O F NO JURISDICTION FOR ISOLATED, NON-NAVIGABLE, INTRA-STATE WATERS RESULTING FROM U.S. SUPREME COURT DECISION IN SOLID WASTE AGENCY O F NORTHERN COOK



REGULATORY PROJECT MANAGER: Melyssa Cruz Date: 14 December 2005

PROJECT REVIEWlDETERMINATlON COMPLETED: In the office Y (YN) Date: 14 November 2005 At the project site (YN) Date:

PROJECT LOCATION INFORMATION: State: Illinois County: Will Center coordinates of site by latitude & longitudinal coordinates: 41 27'18.19 & 87 53'14.73 Approximate size of sitelproperty (including uplands & in acres): Name of waterway o r watershed:

SITE CONDITIONS:

1 Type of aquatic resource' I 0-1 ac 1 1-3 ac 1 3-5 ac 1 5-10 ac 1 10-25 ac 1 25-50 ac 1 > 50 ac / Linear 1 Unknown 1

I I I I I I I I 1

'Check appropriate boxes that best describe type of isolated, non-navigable, intra-state water present and best estimate for size of non- jurisdictional aquatic resource area. I

I non-naviinblk intra-state aquatic resource aiea.


OPITIONAL ADDITIONAL 1NFORMATION SUPPORTING NJD (e.g., paragraph 1 -site conditions: paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce connections; and paragraph 4 -site information on waters of the U.S. occurring onsite):


APPLICANT: Carl Vandenberg PROJECT LOCATIONIWATEHWAY: 92 Acre Property Southeast of the Intersection of Oak Park Avenue and I80 in Tinley Park, Cook County, Illinois (Section 6, T35N, R13E).

FILE NUMBER: 200500793 PROJECT REVIEW COMPLETED: Oflice HFie ld

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-jurisdictional waters on the project site. There are waters of the 'Jnited States on the project site.

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


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)) q The presence of a tributary to an interstate water or other water of the US. (33 CFR 328.3 (a)(5)) IXI 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 C:FR 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 IXI U. S. Fish and Wildlife Service National Wetland Inventory: TINLEY PARK.

U. S. Geological Survey Hydrologic Atlas: . USDA Natural Resources Conservation Service Soil Survcy for Cook County.

q 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:

q Aerials (Name & Date):Cook County 1998, 2003; AirPhoto 2002, 2004 Advanced Identification Vietland Maps:

q Site Visit Conducted on: 8 July 2005 Other information:

Rationale for Basis (applies to any boxes checked above): Wetlands 1, 2, 4, 5, 6 and 7 do not appear to exhibit a hydrologic connection to navigable waters and are not under jurisdiction of this office. Wetland 3 is part of a large wetland complex that extends off the subject property to the east. That complex drains south into Flossmoor Ditch, then eventually into the DesPlaines River, a navigable water under jurisdiction of this office.



mwetland boundary


a 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


Headquarters declined to approve jurisdiction on the basis 01'328,3(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: -S - Date: I keC/ rs

Approved by: - S - Date: / c p e w 03-

'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of hydroNytic vegetatios hydric soils and wetland hydrology). Processcs for determining wetlandson agricultural lands may vary from methods described in the Corps Wetland DelineationManual (1987).

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




REGULATORY PROJECT MANAGER: Steve Gagnon Date: 14 November 2005

PROJECT REVIEW/DETERMINATION COMPLETED: In the office (Ym) Date: At the project site Y (Ym) Date: 8 July 2005

PROJECT LOCATION INFORMATION: State: Illinois County: Cook Center coordinates of site by latitude & longitudinal coordinates: 41 -33-5.7749; 87 -46-46.7793 Approximate size of sitelproperty (including uplands & in acres): 92 Name of waterway or watershed: Des Plaines

SITE CONDITIONS:

'Check appropriate boxes that best describe type of isolated, non-navigable, intra-state water present and best estimate for size of non- jurisdictional aquatic resource area.

I

I non-navigable, intra-state aquatic resource area.

- . cross state lines? Is or would be used as habitat for endangered species? 1 1 1 1 1 El

TYPE O F DETERMINATION: Preliminary O r Approved (XI


Is or would be used as habitat for birds Migratory Bird Treaties? Is or would be used as habitat by other ~nigratory birds that

Is used to irrigate crops sold in interstate commerce? 1 1

OPITIONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph I -site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce connections; and paragraph 4 -site information on waters of the U.S. occurring onsite):

1 1 'Check appropriate boxes that best describe potential for applicability of the Migratory Bird Rule to apply to onsite, uon-jurisdictional, isolated, 1

If Known If Unknown Use Best Professional Judgment

Yes

€a [E3

Predicted to Occur

p-r[3pp No Not Expected to

Occur Not Able To Make

Determination

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

APPLICANT: Exclusive Land Development, Inc P R O J E C T LOC.4TIONIWATERWAY: A 109 Acre Property Located East Of River Road, 112 mile north of Kelsey Road In Lake Barrington, Lake County, Illinois (Section 10, T43N. R9E)

FILE NUMBER: 200600078 PROJECT REVIEW COMPLETED: q Office N F i e l d


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. (XI There are both waters of the United States and non-jurir;dictional waters on the project site.



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))

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, cxcept 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 I 0 waterway.

Information Reviewed q U. S. Fish and Wildlife ServiceNational Wetland Inventory: q 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: BARRINGTON, 1993.

q U. S. Geological Survey 7.5 Minute Historic Quadrangles: q U. S. Geological Survey I5 Minute Historic Quadrangles:

Aerials m a m e & Date): q Advanced Identification Wetland Maps: [XI Site Visit Conducted on: September 9, 2005

Other information:

Rationale for Basis (applies to any boxes checked above): Wetland B, as referenced in your delineation report, is connected to Wagner-Fen Nature Preserve which exhibits a tributary connection to the Fox River, a navigable water. Therefore Wetland B is under the jurisdiction of this office. Wetland A does not exhibit a hydrologic connection to a navigable water and is therefore considered isolated.


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


Unable to confirm the presence of waters listed in 33 CFR 3:!8.3(a)(1), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) [XI Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria


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

Confirmation of Wetland Boundaries This office concurs with your wetland delineation report dated July 6,2005, prepared by Phoenix Environmental, Inc. This oftice does not confirm your wetland boundary

Recommended by: Date: - Approved by: Date: 13 4 4 ~ ~ ~ 6 ' 'Wetlands are identitied ielineated using the methods and criteria established in thc Corps Wetland Delineation Manual (87 Manual) (i c , occurrence of hydrophyt~c vegetatioq hydric soils and wetland hydrology). Processes for detcrmining 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 adjaccnt.

INFORMATION S H E E T DETERMINATIONS O F N O JURISDICTION F O R ISOLATED, NON-NAVIGABLE, INTRA-STATE W A T E R S RESULTING F R O M U.S. SUPREME COURT DECISION IN SOLID WASTE AGENCY O F NORTHERN C O O K

COUNTY V. U.S. ARMY C O R P S O F ENGINEERS

DISTRICT OFFICE: Chicago F I L E NUMBER: 200600078

REGULATORY P R O J E C T MANAGER: Paul Leffler Date:

P R O J E C T REVIEWIDETERMINATION COMPLETED: In the oflice (YA') Date: A t the project site (Y/N) Date: September 9,2005

P R O J E C T LOCATION INFORMATION: State: Illinois County: Lake Center coordinates of site by latitude & longitudinal coordinates: 42 -13-25.0993 88 -10-5.9830 Approximate size of sitelproperty (including uplands & in acres): 109 Name of waterway o r watershed: Fox

SITE CONDITIONS:

Slough

Playa lake Vernal pool

I 1

Natural pond I 1

Other water (identify type)

Check appropriate boxes that best describe type of isolated, non-navigable, intra-state water present and best estimate for size of non- jurisdictional aquatic resource area.

I Migratory Bird Rule ~ a c t o r s ~ : I If Known I Ifunknown 1 I Use Rest Prufessional Judgment I Predicted hot Expected to Yot Able To hlakc

1 I to Occur 1 Occur

T Y P E O F DETERMINATION: Preliminary • O r Approved [XI

Determination

Migratory Bird Treaties? Is or would be used as habitat by other migratory birds that cross state lines? Is or would be used as habitat for endangered species? Is used to irrigate crops sold in interstate commerce?

OPlT lONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph 1 - site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation o r interstate commerce connections; and paragraph 4- site iniormation on waters of the U.S. occurring onsite):

Is or would be used as habitat for birds protected by 1 1 I N 1 1

'Check appropriate boxes that best describe potential for applicability of the Migratory Bird Rule to apply to onsite, non-jurisdictional, isolated, non-navigable, intra-state aquatic resource area.

APPROVED JURISDICTIONAL DETERMINATION DECISION DOCUMENT U.S. Army Corps of engineer:^. Chicago District

APPLICANT: Landover Corporation PROJECT LOCATIONIWATERWAY: Bluff LakeIFox River

FILE NUMBER: 200501025 PROJECT REVIEW COMPLETED: [XI Oftice [XIField


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

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


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)(I))

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)) [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 CF1t 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)

n Other: Section 10 waterway

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

U. S. Geological Survey Hydrologic Atlas: [XI USDA Natural Resources Conservation Service Soil Survey for Lake County. [XI U. S. Geological Survey 7.5 Minute Topographic Maps: FOX LAKE, 1993.

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: July 7, 2005

Other information:

Rationale for Basis (applies to any boxes checked above): Bluff Lake and two wetlands, labeled Wetland I & 2 in submital, are on the property. Wetland I is adjacent to Bluff Lake and Bluff Lake is a navigable water of the United States, part of the Fox Chain of Lakes system, therefore both Wetland I and Bluff Lake are under the jurisdiction of the Department of the Army. Wetland 2 does not have a discemable hydrologic connection to a water of the United States and is therefore not under rhe jurisdiction of the Department of the Army.


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


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


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

Recommended by: A I nln A Date: HL a l b m ~

Approved by: Date: 13 A/d 1 OS '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).


INFORMATION SHEET DETERMINATIONS OF NO JURISDICTION FOR ISOLATED, NON-NAVIGABLE, INTRA-STATE WATERS RESULTING FROM U.S. SUPREME COURT DECISION IN s o L m WASTE AGENCY OF NORTHERN COOK



REGULATORY PROJECT MANAGER: Michael Murphy Date: 1 1 - 16-2005

PROJECT REVIEWlDETERMINATION COMPLETED: In the off~ce (Y/N) Date: 11-16-2005 At the project site (Y/N) Date: 7-7-2005

PROJECT LOCATION INFORMATION: State: Illinois County: Lake Center coordinates of site by latitude & longitudinal coordinates: 42 27 26.1830,88 8 10.2824 Approximate size of sitdproperty (including uplands & in acres): 42 Name of waterway or watershed: Bluff LakeIFox River

SITE CONDITIONS:

Check appropriate boxes that best descrihc potential for applicabilit non-navigable, intra-state aquatic resource area.


OPITIONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph 1 - site conditions; paragraphs 2-3 - rationale used to determine NJD, including idormation reviewed to assess polential navigation or interstate commerce connections; and paragraph 4 -site information on waters of the U.S. occurring onsite):


APPLICANT: Mackie Consultants PROJECT LOCATIONIWATERWAY: McHenry County

FILE NUMBER: 200501072 PROJECT REVIEW COMPLETED: [7 Oflice [XIField


Based on available information: [7 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.

IXI There are both waters o l the United States and non-jurisdictional waters on the project site.


[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 comrnercc, 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))

17 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 waler of the US. (33 CFR 328.3 (a)(5))


[XI The presence of an isolated water (e.g., intrastate lakes, rivers, streams (including interminent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes. or natural ponds).

[7 Other: 17 section l o waterway.

Information Reviewed [XI U. S. Fish and Wildlife Service National Wetland Inventory: FOX LAKE. IXI U. S. Geological Survey Hydrologic Atlas: FOX LAKE:, HA 15 1. [XI USDA National Resources Conservation Service Soil Survey for McHenry County. [XI U. S. Geological Survey 7.5 Minute Topographic Maps: FOX LAKE, 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):2002, 2004 [XI Advanced Identification Wetland Maps: MCHENRY COUNTY.. [XI Sitc Visit Conducted on: 101312005 [XI Other information: FEMA FIRM mazp

Rationale for Basis (applies to any boxes checked above): The unvegetated drainageway identified in the Wetland Delineation Report drains to the Fox River, anavigable waterway, and is therefore jurisdictional. The weland located in the west portion of the site has no apparent surface water connection to navigable waterway and is not subject to Department of the Army Regulations.

Lateral Extent of Jurisdiction (33 CFR 328 and 329): Ordinary High Water Mark indicated by: [XI clear, natural line impressed on the bank dcstruction of terrestrial vegetation [3 the presence of litter and debris shelving [7 changes in the character of soil other: [XI wetland boundary


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

[7 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 :128.3(a)(3) [attach copy of HQ rationale]

Confirmation of Wetland Boundaries [XI This office concurs with your wetland delineation report dated August 23, 2005, prepared by Christopher B. Burke Engineering, Ltd.

This office does not confirm your w

Recommended by: Date: //- /&-OF Approved by: Date:

'wetlands are identified and delineated using the methods and crileriaestablished in the Corps Wetland Delineation Manual (87 Manual) (i.e., occunenee of hvdrochvtic veeetation hvdric soils and wetland hvdroloev). Processes for determinine wetlandson aericultural lands mav varv . , - - - 2

from methods d'eser;be> in thh~orps 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.

INFORMATION SHEET DETERMINATIONS O F NO JURISDICTION FOR ISOLATED, NOS-NAVIGABLE, INTRASTATE WATERS

RESULTING FROM U.S. SUPREME COURT DECISION IN SOI.ID WASTE AGENCY O F NORTHERN COOK COUNTY V. U.S. ARMY CORPS O F ENGINEERS


REGULATORY PROJECT MANAGER: Kate Bliss Date: 1111 612005

PROJECT REVIEWAlETERMINATION COMPLETED: In the office (Ym) Date: At the project siteY (Ym) Date: 10/0312005

PROJECT LOCATION INFORMATION: State: Illinois County: McHen~y Center coordinates of site by latitude & longitudinal coordinates: 42-23-14.9406, 88-13-44.2437 Approximate size of sitelproperty (including uplands & in acres): 5.7 Name of waterway or watershed: Fox River

SITE CONDITIONS:

cross state lines? Is or would be used as habitat for endan ered s ecies? Is used to irri ate cro s sold in interstate commerce? 1 1 Check appropriate boxes that best describe potential for applicability of the Migratory Bird Rule to apply to onsite, non-jurisdictional, isolated,

non-navi able, intra-state a uatic resource area.

Playa lake Vernal pool Natural pond Other water (identify type)

Migratory Bird Rule Factors': If Known If Unknown Use Best Professional Judgment

TYPE O F DETERMINATION: Preliminary O r Approved [XI


OPITIONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph 1 -site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce

'Check appropriate boxes that best describe type ofisolated, n o n - n a v t 1 jurisdictional aquatic resource area.

q

connections; and paragraph 4 -site information on waters of the U.S. occu;ring onsite): -

Yes

!xi

(XI

0 1 3 0 0 0 0 0 0

n u o n

No

q

Predicted to Occur

Not Expected to Occur

q q

Not Able To Make 1 Determination

q

q

q 17

q

q q q q

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

APPLICANT: George Amend PROJECT LOCATIONIWATERWAY: 4.8 Acre Property North of the Intersection of North Street and Park Avenue in Palatine, Cook County, Illinois (Section 9, T42N, RIOE).

FILE NUMBER: 200500983 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)




(XI 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 \vetlands'). (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), 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: LAKE ZURICH. [XI U. S. Geological Survey Hydrologic Atlas: LAKE ZURICH, HA 208.

USDA Natural Resources Conservation Service Soil Survey for Cook County. U. S. Geological Survey 7.5 Minute Topographic Maps: LAKE ZURICH, 1993. U. S. Geological Survey 7.5 Minute Historie Quadrangles: U. S. Geological Survey I 5 Minute Historic Quadrangles: Aerials (Name & Date):Cook County I998

17 Advanced Identification Wetland Maps: _. (XI Site Visit Conducted on: 4 November 2005

Other information:

Rationale for Basis (applies to any boxes checked above): A small wetland is located in the east part of the property. It appears to drain southeast into an offsite depressional area. There is a culvert that connects that area under North Street, but observations by locals indicate that the water level does not get high enough to enter the culvert and flow south. 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 shelving changes in the character of soil other: wetland boundary


[XI 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


Confirmation of Wetland Boundaries 17 This office concurs with your wetland delineation report dated , prepared by .

This office does not confirm our wetland boundary.

Recommended by: ~RI- 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 hydromytic vegetatioq 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 ofthe U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent.

INFORMATION S H E E T DETERMINATIONS O F NO JURISDICTION F O R ISOLATED, NON-NAVIGABLE, INTRA-STATE WATERS RESULTING F R O M U.S. SUPREME C O U R T DECISION IN SOLID WASTE AGENCY O F NORTHERN C O O K



REGULATORY P R O J E C T MANAGER: Steve Gagnon Date: 15 November 2005

P R O J E C T REVIEWIDETERMINATION COMPLETED: In the office ( Y N ) Date: A t the project site Y (YIN) Date: 4 November 2005

P R O J E C T LOCATION INFORMATION: State: Illinois County: Cook Center coordinates of site by latitude & longitudinal coordinates: 42 -8-1 1.1 11 1; 88 -4-35.2478 Approximate size of sitelproperty (including uplands & in acres): 4.8 Name of waterway o r watershed: Des Plaines

S ITE CONDITIONS:

I Mirrratorr Bird Rule Factors': 1 If Known I IfUnknown I - .

N O I Use Best Professional Judgment 1 Predicted I Not Expected to I Not Able To Make

cross state lines? 1 I I I 1 Is or would be used as habitat for endangered species? 1 1 1 1 I €4 Is used to irrigate crops sold in interstate commerce? 1 1 1 1 'Check appropriate boxes that best describe potential for applicability of the Migratory Bird Rule to apply to onsite, non-jurisdictional, isolated. non-navigable, intra-state aquatic resource area.



OPITIONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph I -site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation o r interstate commerce connections; and paragraph 4 -site information on waters of t he U.S. occurring onsite):

to Occur €4

€4

0ecur Determination


APPLICANT: Comstock Earthmoving PROJECT LOCATION/WATERWAY: ~3~ Street 600 feet East of Madison Street, Village of Burr Ridge. DuPage County, Illinois

FILE NUMBER: 200500229 PROJECT REVIEW COMPLETED: [XI Office OFie ld

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


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 transpon 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)) 17 The presence of interstate waters (including interstate wetlands1). (33 CFR 328.3 (a)(2)) a 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)) [XI The presence of an isolated water (e.g., intrastate lakes, rivers, streams (including intermittent streams), mudflats,

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


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

U. S. Geological Survey Hydrologic Atlas: SAG BRIDGE, HA 149. [XI USDA Natural Resources Conservation Service Soil Survey for DuPage County. IXI U. S. Geological Survey 7.5 Minute Topographic Maps: SAG BRIDGE, 1993. q U. S. Geological Survey 7.5 Minute Historic Quadrangles: q U. S. Geological Survey 15 Minute Historic Quadrangles: [XI Aerial Photographs (Name & Date): 2002 [XI Advanced Identification Wetland Maps: DUPAGE COUNTY .. q Site Visit Conducted on:

Other information: wetland submittal dated October 2004 prepared by Planning Resources, lnc.

Rationale for Basis (applies to any boxes checked above): The wetland and open waters areas within the project site are isolated areas that do not appear to have a hydrological connection to :a navigable waters of the U.S.


q 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 a other q wetland boundary


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 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 This office concurs with your wetland delineation report dated , prepared by .

q ' h i s ofice d o e s m ~

Recommended by: Date: / ( - tv-oS 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). Recesses for determining wetlands on agricultural lands may vary from methods described in the Corps Wetland Delineation Manual (1987).

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





PROJECT REVIEW/DETERMINATION COMPLETED: In the office @N) Date: November 16,2005 At the project site (Y@ Date:

PROJECT LOCATION INFORMATION: State: Illinois County: DuPage Center coordinates of site by latitude & longitudinal coordinates: 41-44- 12.9827 & 87-55-50.2809 Approximate size of sitelproperty (including uplands & in acres): Name of waterway or watershed:

SITE CONDITIONS:

1 Migratorv Bird Rule ~actors': I If Known I If Unknown 1 - . Use Best Professional Jud ment Predicted Not Expected to Not Able To Make to Occur Occur Determination


1 cross state lines? 1s or would be used as habitat for endangered species? 1 1 1 1 Is used to irrigate crops sold in interstate commerce? 'Check appropriate boxes that best describe potential for applicabilit

1 non-navigable, intra-state aquatic resource area.


OPITIONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph I - site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce connections; and paragraph 4 -site information on waters of the U.S. occurring onsite):

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

APPLICANT: David H. Thompson Living Trust PROJECT LOCATIONIWATERWAY: Property located south of Illinois Route 72 and east of Getzelman Road in Hampshire, Kane County, lll~nois (E 112 of SE 114 of Section 27 and NE 114 of NE 114 of Section 34, T42N R6E)

FILE NUMBER: 200500872 PROJECT REVIEW COMPLETED: [XI Office [XI~ie1d


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

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


[7 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 tlow of the tide (i.e., navigable waters of the U.S.) (33 CFR 328.3(a)(l))

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

n l e 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))

[XI n l e presence of an isolated water (e.g., intrastate lakes, rivew, streams (including intermittent streams), mudtlats, sandtlats, wetlands, sloughs. prairie potholes, wet meadows, playa lakes, or natural ponds). [XI Other: non-jurisdictional ditch


Information Reviewed [XI U. S. Fish and Wildlife Service National Wetland Inventory: HAMPSHIRE. [XI U. S. Geological Survey Hydrologic Atlas: HAMPSHIRE, HA 459. [XI USDA Natural Resources Conservation Service Soil Survey for Kane County. [XI U. S. Geological Survey 7.5 Minute Topographic Maps: HAMPSHIRE, 1978.


[XI Aerial Photographs (Name & Date): no name or date [XI Advanced Identification Wetland Maps: KANE COUNTY [7 Site Visit Conducted on:

Other information:

Rationale for Basis (applies to any boxes checked above): The tributary on-site flows into Hampshire Creek, which is tributary to Burlington Creek. Burlington Creek flows into Coon Creek. which is a tributary of the Kishwaukee River, a navigable waterway. Therefore the unnamed tributary on-site (Area 2) is under the jurisdiction of the U.S. Army Corps of Engineers. Area I is isolated and not under the jurisdiction of the U.S. Army Corps of Engineers. Area 3 is a ditch excavated in an upland area and is therefore not 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 U destruction of terrestrial vegetation

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


[XI 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) [XI Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria


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

Conlirmation of Wetland Boundaries n l i s office concurs with your wetland delineation report dated ,prepared by .

i 1

17 This office does not confirm your wetland boundary C ' c-

Recommended by:

Approved by:

'Wetlands are identified and delineated using the methods and criteria established i n the Corps Wetland Delineation Manual (87 Manual) ( i e , occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). Prc~esses 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 US. by man-made dikes or baniers, natural river berms, beach dunes, and the like are also adjacent.

INFORMATION SHEET I)KI'EHMIKA'I'IOKS OF KO .IUKISI)IC'I'IOK FOK ISOI.A'I'EI), KOK-KAVIGABI.E, INTRA-STATE WATERS KESUI.TIKG FKO\I U.S. SUI8KE\IE COUK'I' 1)ECISIOK IK SO1.U) WASTE AGEKCY OF KOKTIIERN COOK



REGULATORY PROJECT MANAGER: Jaimee Hammit Date: 11/18/05

PROJECT REVIEWIDETERMINATION COMPLETED: In the office (Y/N) Date: 11/18/05 At the project site (Y/N) Date:

PROJECT LOCATION INFORMATION: State: Illinois County: Kane Center coordinates of site by latitude & longitudinal coordinates: Lat: 42-5-3, Lon: 88-30-45 Approximate size of sitdproperty (including uplands & in acres): 120 acres Name of waterway or watershed: unnamed tributary/Kishwaukee River

SITE CONDITIONS:




APPLICANT: Starzwood Homes. Inc. PROJECT LOCATIONIWATERWAY: Sylvan Lake watershed

FILE NUMBER: 200500663 PROJECT REVIEW COMPLETED: [XI Office [XJField



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



interstate or foreign commerce. including all waters which are subject LO 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 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))

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 CI:R 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.

Informalion Reviewed U. S. Fish and Wildlife Service National Wetland Inventory: U. S. Geological Survey Hydrologic Atlas: -

[XI USDA Natural Resources Conservation Service Soil Survey for Lake County. [XI U. S. Geological Survey 7.5 Minute Topographic Map!;: LAKE ZURICH, 1993.


[XJ Aerials (Name & Date):Lake County 1939, 2000, & 2004: PhotoMapper 2001.2002. & 2004 [XI Advanced Identification Wetland Maps: LAKE COUNTY. [XJ Site Visit Conducted on: February 18,2003 17 Other information:

Rationale for Basis (applies to any boxes checked above): The wetlands labeled C thru H in the wetland delineation have a surface connection to the Des Plaines R~ver via Sylvan Lake and Indim Creek. The Des Plaines River is a navigable water of the United States below Hoffman Dam, therefore all of its tributaries, including wetlands C thru H, are also waters of the United States under the jurisdiction of the Department of the Army. Wetlands A, 8, and 1 do not have a demonstrable hydrologic connection to a navigable water of the United States and are not under the jurisdiction of the Department of the Army.

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

q clear, natural line impressed on the bank Udestmction of terrestrial vegetation the presence of litter and debris Oshelving

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


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) 17 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


Confirmation of Wetland Boundaries [XI This office concurs with your wetland delineation report dated November 19,2002, prepared by Manhard Consulting.

This office does not contirm vour wetland boundam -

Recommended by: Dale:

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 US. by man-made dikes or barriers, natural river berm, beach dunes, and the like are also adjacent.

INFORMATION SHEET DETERMINATIONS OF NO JURISDICTION FOR ISOLATED, NON-NAVIGABLE, INTRA-STATE WATERS RESULTING FROM U.S. SUPREME COURT DECISION IN s o L m WASTE AGENCY OF NORTHERN COOK



REGULATORY PROJECT MANAGER: Michael Murphy Date: 11-21-2005

PROJECT REVIEW/DETERMINATION COMPLETED: In the office (Y/N) Date: 11-21-2005 At the project site (YiN) Date: 2-18-2003

PROJECT LOCATION INFORMATION: State: Illinois County: Lake Center coordinates of site by latitude & longitudinal coordinates: 42 14 42.4098,88 3 19.7724 Approximate size of sitelproperty (including uplands & in acres): 79 Name of waterway or watershed: Des Plaines River

SITE CONDITIONS:

.. - . . .. . I non-navigable, intra-state aquatic resource area.

Migratory Bud Rule Factors':

Is or would be used as habitat for buds protected by Migratory Bud Treaties? Is or would be used as habitat by other migratory birds that cross state tines? Is or would be used as habitat for endan~ered species? Is used to irrigate crops sold in interstate commerce?


If KI

Yes

u

OPITIONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph 1 - site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce connections; and paragraph 4 - site information on waters of the U.S. occurring onsite):

'Check appropriate boxes that best describe potential for applicabitit~


APPLICANT: Wheaton Park District PROJECT LOCATIONIWATERWAY: North of Monroe junior High School on Both Sides of the Union Pacific Railroad Tracks in the Vtllage of Wheaton, DuPage County, llllnois

FILE NUMBER: 200600177 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: [7 There are no waters on the project site. (XI There are non-jurisdictional waters on the project site. q There are 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.


[7 There are no jurisdictional waters ofthe 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 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)) [7 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 adjacent' (bordering, contiguous, or neighboring) to interstate or other waters of the US, except for those wetlands adjacent to other wetlands. (3:3 CFR 328.3 (a)(7))

(XI 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:

q Section 10 waterway.

Information Reviewed (XI U. S. Fish and Wildlife Service National Wetland Inventory: NAPERVILLE. (XI U. S. Geological Survey Hydrologic Atlas: NAPERVILLE, HA 154. (XI USDA Natural Resources Conservation Service So11 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: [7 U. S. Geological Survey I5 Minute Historic Quadrangles: (XI Aerial Photographs (Name & Date):1999 and 2002 [XI Advanced Identification Wetland Maps: DUPAGE COUNTY.. [7 Site Visit Conducted on: (XI Other information: Wetland Delineation Report dated March 22,2004, with an addendum dated November 17,

2005, prepared by Hey & Associates, lnc

Rationale for Basis (applies to any boxes checked above): Wetland areas 1.2 and 3 identified within the project site appear to not have a hydrological connection to navigable waters of the U.S. and are therefore considered isolated.


[7 clear, natural line impressed on the bank Odestruction of terrestrial vegetation q the presence of litter and debris [7shelving [7 changes in the character of soil other rn wetland boundary


(XI 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) (XI Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

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


Conlirmation of Wetland Boundaries [7 This office concurs with your wetland delineation report dated , prepared by . I-J This office does not confirm your wetland boundary.

Recommended by: Date: / I - 7-7 -0 (

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, hydnc soils and wetland hydrology). Processes for determining wetlands on agricultural lands may vary from methals described in the Corps Wetland Delinealion Manual (1987).

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

INFORMATION SHEET DETERMINATIONS OF NO JURISDICTION FOR ISOI',ATED. NON-NAVIGABLE. INTRA-STATE WATERS RESLLI I&(; 2.K051 L.S. SLI~RESIE COL'KI DECISIOF;IF; .ZO'I,ID WASTE AGESCY 02. KORI'IIKRY COOK

COL'NTY V. L.S. AK\lY CORPS OF EN(;INEI.:K.S


REGULATORY PROJECT MANAGER: Diedra Willis Date: November 23, 2005

PROJECT REVIEWlDETERMINATION COMPLETED: In the office ) Date: At the project site (?' ( /N) Date:

PROJECT LOCATION INFORMATION: State: Illinois Counly: DuPage Center coordinates of site by latitude & longitudinal coordinates: 41-52-10.3042 & 88-8-6.5618 Approximate size of sitelproperty (including uplands & in acres): 5.5 acres Name of waterway or watershed:

SITE CONLIITLONS:

'check appropriate boxes that best deseribe type of isolated, non-navigable, intra-state water present and best estimate for size of non- jurisdictional aquatic resource area.

I Migratory Bud Rule Factors': 1 U Known 1 If Unknnwn 1 ( Use Best Professional Judgment ( Predicted 1 Not Expected to 1 Not Able To Make 1

I

Is or would be used as habitat for birds protected by Mkratory Bud Treaties? Is or would he used as habitat by other migratory buds that

( 1s used to irrigate crop5 sold in intrrstiltc commerce? 1 L - l I U I u- l lXl 'Check approprialr boxes that h ~ t descril~c potential lor applirahihty of the hligratory Bird Hulu to apply to onsite, oon-jurisdictional, isolated, .- ~

( non-navigable, intra-state aquatic resource &ea.

TYPE OF DETERMINATION: Preliminary Or Approved (XI



APPLICANT: Gander Partners PROJECT LOCATIONIWATERWAY: North of Stuenkel Road West of 801h venue in Green Garden, Will County, Illinois FILE NUMBER: 20050 1073 PROJECT REVIEW COMPLETED: [XI 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: q There are no waters on the project site.


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


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)) [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 CI'R 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 I0 waterway.

Information Reviewed (XI U. S. Fish and Wildlife Service National Wetland Inventory: FRANKFORT. [XI U. S. Geological Survey Hydrologic Atlas: FRANKFORT, 23 I. [XI USDA Natural Resources Conservation Service Soil Survey for Will County. (XI U. S. Geological Survey 7.5-Minute Topographic Maps: FRANKFORT, 1990.

U. S. Geological Survey 7.5-Minute Historic Quadrangles: q U. S. Geological Survey 15-Minute Historic Quadrangles: (XI Aerials (Name & Date):Green Garden, 2001 q Advanced Identification Wetland Maps: [XI Site Visit Conducted on: October 17, 2005

Other information:

Rationale for Basis (applies to any boxes checked above): Wetland A, B and D are isolated wetlands and are therefore not jurisdictional. Wetland C is hydrologically connected to atributary to Hickory Creek. Hickory Creek drains into the Des Plaines River, a 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 17 shelving

changes in the character of soil other: q wctland boundary


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



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

Recommended by: - '5- Date: 3 C303 0 ~ -

Approved by: -1 Date: ?&t4

'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetlard Delineation Manual (87 Manual) (i.e., occurrence of hydro@ytlc vegetatioq hydric soils and wetland hydrology). Processes for determining wetlandson agr~cullural lands may vary from methods described in the Corps Wetland Del~neat~on Manual (1987).

Wetlands separated from other waters of the U S. by man-made dikes or ban-iers, natural river berms, beach dunes, and the l~ke are also adjacent.

INFORMATION SHEET DETERMINATIONS O F NO JURLSDICTION FOR ISOLATED, NON-NAVIGABLE, INTRA-STATE WATERS RESULTING FROM U.S. SUPREME COURT DECISION IN SOLID WASTE AGENCY O F NORTHERN COOK



REGULATORY PROJECT MANAGER: Melyssa Cruz Date: I Nov 2005

PROJECT REVIEW/DETERMINATION COMPLETED: In the omce Y (Ym) Date: 1 Nov 2005 At the project site (Ym) Date:

PROJECT LOCATION INFORMATION: State: Illinois County: Will Center coordinates of site by latitude & longitudinal coordinates: 41 27.28.20 & 87 48.46.43 Approximate size of sitelproperty (including uplands & in acres): Name of waterway or watershed:

SITE CONDITIONS:

I I I I I I I I

'Check appropriate boxes that best describe type of isolated. non-navigable, intra-state water present and best estimate for size of non- jurisdictional aquatic resource area. 1

I Migratory Bird Rule Factors': I If Known I If Unknown

Migratory Bird Trealies? I 1

Is or would be used as habitat for birds protected by

I cross state lines? I I I I 1 Is or would be used as habitat for endangered species? 1 1 1 1 1 • Is used to irrigate crops sold in interstate commerce? 1 'Check appropriate boxes that best describe potential for applicability of

Use Best Professional Judgment I Yes No Predicted Not Expected to Not Able To Make

to Occur Occur Determination

.. . . . 1 non-navipable, intra-stale aquatic resource area.

TYPE O F DETERMINATION: Preliminary O r Approved [EJ

OPITIONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph I -site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce connections; and paragraph 4 -site information on waters of the L.S. occurring onsite):


APPLICANT: Von Bosse PROJECT LOCATIONIWATERWAY: Kishwaukee

FILE NUMBER: 200500798 PROJECT REVIEW COMPLETED: Office N ~ 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). 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-jurisdictional waters on the project site. 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.


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))

IXI 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))

IX] 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 U. S. Fish and Wildlife Service National Wetland Inventory: HUNTL.EY. U. S. Geological Survey Hydrologic Atlas: . USDA National Resources Conservation Service Soil Survey for McHenry County.

(XJ U. S. Geological Survey 7.5 Minute Topographic Maps: HUNTLEY, 1992. U. S. Geological Survey 7.5 Minute Historic Quadrangles:

[XI U. S. Geological Survey 15 Minute Historic Quadrangles: ELGIN, 1925. rn Aerial Photographs (Name & Date):2001.2002,2004 [XI Advanced Identification Wetland Maps: MCHENRY COUNTY.. IXI Site Visit Conducted on: 612812005 [XI Other information: FEMA FIRM map

Rationale for Basis (applies t o any boxes checked above): The waters of the United States on the southeast portion of the site and two adjacent wetland areas are jurisdictional. Two wetlands in the northeast portion of the site have no apparent surface water connection and considered isolated


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


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



Confirmation of Wetland Boundaries This office concurs with your wetland delineation report dated September 2003, prepared by Bollinger, Lach &

Associates, Inc.. This office does not confirm your wetland boundary -

Recommended by: -r--- Date: I / - /d -?dd s-

Approved by: - - Date: /I - I f - 2o.p 'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (ie., occurrence of hydrolhytic vegetatioq 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 US. by man-made d~kes or barriers, natural river berms, beach dunes, and the like are also adjacent.





PROJECT REVIEWIDETERMINATION COMPLETED: In the office (YN) Date: At the project siteY (YN) Date: 6/28/05

PROJECT LOCATION INFORMATION: State: Illinois County: McHenry Center coordinates of site by latitude & longitudinal coordinates: 42-13-55.5063, 88-25-35.0271 Approximate size of sitelproperty (including uplands & in acres): 39.7 Name of waterway or watershed: South Branch of the Kishwaukee River

SITE CONDITIONS:

I I l l I I I I I I

I I I I I I 1 I I 'check appropriate boxes that best describe type ofisolated, non-navigable, intra-state water present and best estimate for size of non- jurisdictional aquatic resource area.

Check appropriate boxes that best describe potential for applicability of the Migratory Bird Rule to apply to onsite, non-jurisdictional, isolated, non-navi~able, intra-state aquatic resource area.

TYPE O F DETERMINATION: Preliminary [7 O r Approved [XI

OPITIONAL ADDITIONAL INFORRlATION SUPPORTING NJD (e.g., paragraph I -site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce connections; and paragraph 4- site information on waters of the U.S. occurring onsite):


APPLICANT: Pasquinelli Development PROJECT LOCATIONIWATERWAY: South of W. 143rd and West of Lemont Road, Will County, Illinois FILE NUMBER: 200500986 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 331.2)

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


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



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)) [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 adjacen? ( bordering, contiguous, or neighboring) to interstate or other waters of the US, except for those wetlands adjacent to other wctlands. (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 [XI U. S. Fish and Wildlife Service National Wetland Inventory: ROMEOVILLE. [XI U. S. Geological Survey Hydrologic Atlas: ROMEOVILLE, 146. [XI USDA Natural Resources Conservation Service Soil Survey for Will County. [XI U. S. Geological Survey 7.5-Minute Topographic Maps: ROMEOVILLE. 1993.

U. S. Geological Survey 7.5-Minute Historic Quadrangles: 17 U. S. Geological Survey 15-Minute Historic Quadrangles:

Aerials (Name & Date):Lockport, 2001 Advanced Identification Wetland Maps: .

[XI Site Visit Conducted on: October 17, 2005 Other information:

Rationale for Basis (applies to any boxes checked above): Intermittent Drainageway I and Wetland 5 are jurisdictional due to their hydrologic connection to the Des Plaines River, a navigablr: waters of the U.S. Wetlands 1-4 are isolated and therefore not jurisdictional.


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


Unable to confirm the preserce 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 likcly 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


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


.- 5 ,.-- Recommended by: ~ ~ t ~ : 3 f l 0 4 9s- Approved by: -J - Date: - 7 /--b Q'c 'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetlard Delineation Manual (87 Manual) ( i e , occurrence of hydromytic vegetatioq hydric soils and wetland hydrology). Processes for determining wetlandson agr~cultural 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 l~ke are also adjacent.




REGULATORY PROJECT MANAGER: Melyssa Cruz Date: 1 Nov 2005

PROJECT REVlEWlDETERMINATlON COMPLETED: In the office Y (Ym) Date: I Nov 2005 At the project site (Y/N) Date:

PROJECT LOCATION INFORMATION: State: Illinois County: Will Center coordinates of site by latitude & longitudinal coordinates: 41-37-3 1.7943 & 88-0-18.0107 Approximate size of sitelproperty (including uplands & in acres): Name ofwatenvay or watershed:

SITE CONDITIONS:

.. . . . 1 non-navigable, intra-state aquatic resource area.

TYPE OF DETERMINATION: Preliminary 17 Or Approved

OPlTlONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph 1 -site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce connections: and paragraph 4 -site information on waters of the U.S. occurring onsite):

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

APPLICANT: Condon Consulting Engineering PROJECT LOCATIONIWATERWAY: McHenry County, Fox

F ILE NUMBER: 200501 122 PROJECT REVIEW COMPLETED: rn Office [XJField


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

[XI There are both waters ol'the United States and non-jorisdictional waters on the project site.


There are no jurisdictional waters o f the United States present on the project site. Thc presence orwaters 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 o f the tide (i.e., navigable watcrs o f the U.S.) (33 CFR 328.3(a)(l)) The presence o f interstate waters (including interstate wetlands'). (33 CFR 328.3 (a)(2))

[XI The presence o f a tributary to an interstate water or other water o f the US. (33 CFR 328.3 (a)(5)) The presence o f wetlands adjacent2 ( bordering, contiguous, or neighboring) to interstate or other waters o f the US, except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7))

[XI 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). Other: Section 10 waterway.

Information Reviewed [XJ U. S. Fish and Wildlife Service National Wetland Invenloty: RICHMOND. [XI U. S. Geological Survey Hydrologic Atlas: RICHMOND, H A 303. [XJ USDA National Resources Conservation Service Soil Survey for McHenry County.

U. S. Geological Survey 7.5 Minutc Topographic Maps: RICHMOND, 1992. U. S. Geological Survey 7.5 Minute Historic Quadrangles: U. S. Geological Survey 15 Minute llistoric Quadrangles:

(XI Aerial Photographs (Name & Date):1999.2001,2002,2004 [XI Advanced Identification Wctland Maps: MCHENRY COUNTY.. [XI Site Visit Conducted on: 1013/2005 [XI Other information: USGS Farmed Wetland Determination

Rationale for Basis (applies to any boxes checked above): The wetland present in the central western porton of the sit< has no surface water connection to a navigable waterway. The waters present on the southeast portion o f the site are tributary to Dutch Creek, which is tributary to the Fox River, a navigable waterway.

Lateral Extent o f Jurisdiction (33 CFR 328 and 329): Ordinary High Water Mark indicated by: [XJ clear, natural line impressed on the hank destruction of terrestrial vegctation

the presenee o f litter and debris shelving changes in the character o f soil other:

[XJ wetland boundary


[XI Unable to eonfirm the presence o f waters listed in 33 CFR328.3(a)(l), 328.3(a)(2), or 328.3(a)(4) through 328.3(a)(7) [XI Area under consideration is likely to have been jurisdictional under pre-SWANCC Migratory Bird Rule criteria

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

Headquarters declined to approve jurisdiction on the basis o f 328.3(a)(3) [attach copy o fHQ rationale]

Confirmation of Wetland Boundaries [XI This office concurs with your wetland delineation report dated April 8, 2005, prepared by Hey and Associates, lnc

This office does not confirm your wetland boundary I.

Recommended by: - S -- Date:

Approved by: - - Date: / ( - (6- - .=$- -a

'Wetlands are identified and delineated using the methods and criteriaestablished in the Corps Wetlard Delineation Manual (87 Manual) (i.e . oceurrence o f hydroNyt~c vegetation hydric soils and wetland hydrology). Processes for determining wetlandson agricultural lands may vary from methods described in the Corps Wetland Delineation Manual (1987).


INFORMATION SHEET DETERMINATIONS O F NO JURISDlCTlON FOR ISOLATED. NON-NAVIGABLE. INTRA-STATE WATERS RESULTING FROM U.S. SUPREME COURT DECISION IN SOLID WASTE AGENCY OF NORTHERN COOK



REGULATORY PROJECT MANAGER: Kate Bliss Date: 1 1/15/2005

PROJECT REVIEWlDETERMINATlON COMPLETED: In the office (YIN) Date: At the project siteY (YIN) Date: 10/3/2005

PROJECT LOCATION INFORMATION: State: Illinois County: McHenry Center coordinates of site by latitude & longitudinal coordinates: 42-23-50.6053, 88- 17- 1.4200 Approximate size of sitelproperty (including uplands & in acres): 97.6 Name of waterway or wat,.rshed: Fox

SITE CONDITIONS:


Is or would be used as habitat for birds protected by M~gratory Bird Treaties? Is or would be used as habitat by other migratory birds that cross state lines? Is or would be used as habitat for endangered species? Is used to irrigate crops sold ininterstate commerce? 'check npproprlate boxes that best describe potential lor applicability or tl

1 non-navigable, intra-state aquatic resource area. I TYPE O F DETERMINATION: Preliminary O r Approved



APPLICANT: Ruth Investments PROJECT LOCATION/WATERWAY: McHenry County

FILE NUMBER: 200401 126 PROJECT REVIEW COMPLETED: Office BFie ld

Approved Jurisdictional Determination (JD)(For sites regulated under 33 CFR 320-330). An approved JD is an appealablc action. (33 CFR 33 1.2). An approved ID is an appealable action. (33 CFR 331.2)


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


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 ehh and flow of thc tide (i.e., nav~gable waters of the U.S.) (33 CFR 328.3(a)(l)) The presence of interstate waters (including interstate wel.landsl). (33 CFR 328.3 (a)(2)) The presence of a tributary to an interslate water or other water of the US. (33 CFR 328.3 (a)(S))

q The presence of wctlands 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))

IXI The presence of an isolated water (e.g., intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, praine potholes, wet meadows, playa lakes, or natural ponds). Other: Section 10 waterway.

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

(XI U. S. Geological Survey Hydrologic Atlas: HUNTLEY. HA 361. USDA National Resources Conservation Service Soil Survey for McHenry County.

(XI U. S. Geological Survey 7.5 Minute Topographic Maps: HUNTLEY, 1992. U. S. Geological Survey 7.5 Minute ilistoric Quadrangles: . U. S. Geological Survey 15 Minutc Historic Quadrangles: .

(XI Aerial Photographs (Name & Date):2002,2004 (XI Advanced Identification Wetland Maps: MCHENRY COUNTY.. IXJ Site Visit Conducted on: 10/21/04. 10/17/0S (XI Other information: FEMA FIRM map

Rationale for Basis (applies to any bores checked above): Referencing the original Wetland Delineation Report dated August 2004, as prepared Smith Engineering, Wetlands I and 2 are isolated and not regulated by Section 404 of the Clean Water Act. Wctland 3 exhibits a hydrological connection to a navigable water and is therefore jurisdictional. Referencing the Wetland Delineation Addendum dated July 29. 2005, as prepared by Smith Engineering, the newly identified Wetlands 1 and 2 are isolated and not subject to Department of the Army regulations.


clear, natural line impressed on the bank deslruction of terrestrial vegetation rn the presence of litter and dehris sliel\'ing

changes in the character of soil other: wetland boundary


(XI 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 likely have been jurisdictional under pre-SWANCC Migratory Bird Rulc 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 wetlanddelineation report dated ,prepared by Smith Engineering.

(XI This office does not confirm your wetland boundary

Recommended by: --------- 5 Date:

- - Approved by: D a t e : / I - 3 c - C's 'Wetlands are identified and delineated using the methods and criteria established in thc Corps Wetland Delineation Manual (87 Manual) (i.e.. occurrence of hydrophytic vegetatron, hydric soils and wetland hydrology). Processes for dctcrmining wetlands on agricultural lands may vary from methods descnbcd in the Corps Wetland Delineation Manual (1987).

' Wetlands separated from other waters of the U.S. by man-rnaded~kes or bamiers. natural nver berms, beach dunes, and the I~ke are also adjacent.


COUNTY V. US. ARMY CORPS OF ENGINEERS

DISTRICT OFFICE: Chicago FILE hWMBER: 200401 126


PROJECT REV1EWR)ETERMINATION COMPLETED: In the office ( Y N ) Date: At the project siteY (Y/N) Date: 10/21/04, 10/17/05

PROJECT LOCATION INFORMATION: State: Illinois County: McHenry Center coordinates of site by latitude & longitudinal coordinates: 42-1 1-6.2125,88-28-28.1630 Approximate size of sitelproperty (including uplands & in acres): 60 Name of waterway or watershed: Kishwaukec

SITE CONDITIONS:

-- - I Migratory Bird Rule Factors': /,I [ If Unknown 7

to Occur Occur Determination Is or would be used as Mi ator Bid Treaties?

b b e wed as habitat by M ii@atory birds that 1 . {& ++ cross state lines? 1 1 Is or would be used as habitat for endangered species? 1 Is used to irri~ate crops sold in interstate commerce? I b I u

Ulat best describe potential for applicability of thc Migratory Bid Rule to apply to onsite, non-jurisdictional, isolated, non-navigable, intra-state aquatic resource area. --- - TYPE OF DETERMINATION: Preliminary Or Approved

OPITIONAL ADDITIONAL INFORMATION SUPPORTING NJD (e.g., paragraph 1 -site conditions; paragraphs 2-3 - rationale used to determine NJD, including information reviewed to assess potential navigation or interstate commerce connections; and paragraph 4 - site information on waters of the U.S. occurring onsite):

APPROVED JURISDlCTlONAL DETERhlINATION DECISION DOCUMENT U.S. Army Corps of Engineers, Chicago District

APPLICANT: Waukegan Park District PROJECT LOCATION/WATERWAY: Lake County

FILE NUMBER: 200600124 PROJECT REVIEW COMPLETED: Oflice [XIField


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

IXI There are both waters of the United States and non-jurisdictional waters on the projcct site.


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 transpolf

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

The presence of interstatc waters (including interstate wetlands'). (33 CFR 328.3 (a)@)) [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 adjaccntL ( bordering, contiguous, or neighboring) to interstate or other waters of thc US, except for those wetlands adjacent to other wetlands. (33 CFR 328.3 (a)(7))

(XI The presence of an isolated water (e.g.. intrastate lakes, nvers, streams (including intermittent streams). rnudflats, sandflats, wetlands, sloughs, prairic potholes, wet meadows, playa lakes, or natural ponds) Other: Section 10 waterway.

Information Reviewed [XI U. S. Fish and Wildlife Service National Wetland Inventory: ZION. [XI U. S. Geological Survey Hydrologic Atlas: ZION, HA 233. [XI USDA Natural Resources Conservation Service Soil Survey for Lake County.

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

(XI Aerials (Name & Date):20M, 2002 Advanced Identification Wetland Maps: LAKE COUNTY.

IE3 Site Visit Conducted on: 11/17/05 [XI Other information: FEMA FIRM map

Rationale for Basis (applies to any boxes checked above): Referencing the Wetland Delineation Report dated March 31,2005, Wetland 3 tlows east to Wetland I , which is thc Waukegan River. The Waukegan River flows to Lake Michigan, a navigablc waterway, therefor Wetlands I and 3 are jurisdictional. Wetland 2 located on he south portion of the site is an isolated. excavated pond and is not juirisdicational.


clear, natural line impressed on the bank mdestruction of terrestrial vegetation the presence of litter and dehris nshelving changes in the character of soil n other wetland boundary


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) [XI Area under consideration is likely to have been jurisdictional undcr pre-SWANCC Migratory Bird Rule criteria

Area under cons~derat~on is l~kely have been jurisdictional undcr pre-SWANCC M~gratory Bird Rule cnteria


Confirmation of Wetland Boundaries I-J This office concurs with your wetland delineation report dated March 3 1,2005, prepared by Applied Ecological Services, Inc.

This office does not confirm your wetland boundary - --

Recommended by: _S Date: I / - 2 2 - c<

- Approved by: - Date: /,2/ / / c lr

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

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

INFOILVATION SHEET -~ ~ - -~ ~ ~ - - ~

1)ETEH~IINATIONS OF NO JUH1SI)ICTlON FOR ISOLATED, &ON-NAVICIHLE, INTKA-STATE WATERS KESL'LTIYC I.'ROhl U S . SUPHE\lE COL'RT 1)ECISION 1Y SOLID WASTE AGENCY OF NOHTIIEIL? (:OOK



REGULATORY PROJECT MANAGER: Kimberly Fisher Date: 11/28/05

PROJECT REV1EWR)ETEKMINATION COMPLETED: In the office (Y/N) Date: At the project siteY (Y/M Date: 11/17/05

PROJECT LOCATION INFORMATION: State: Illinois County: Lake Center coordinates d site by latitude & longitudinal coordinates: 42-23-52.4685, 87-5 1-35.1280 Approximate size of sitelproperty (including uplands & in acres): 155 Name of waterway or watershed: Waukegan R~ver

SITE CONDITIONS:

Type of aquatic resource

If Known

TYPE OF DETERMINATION: Preliminary 0 Or Approved

If Unknown Use Best Professional Judgment

Is or would be used as habitat for birds protected by Migratory Bid Treaties? Is or would be used as habitat by other migratory birds that


Yes I No 1 Predicted 1 Not Expected to 1 Not Able To Make

El

a u

to Occur

u

occur Determination u

- Date · Approved Jurisdictional Determination (JD)(For sites regulated under 33 CFR 320-330). An...

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