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Letter from US Army Corps of Engineers 05-18-2010 t ,) cra .. • ,177 A NT OF • DEPARTMENT OF THE ARMY ST. PAUL DISTRICT CORPS OF ENGINEERS SIBLEY SQUARE AT MEARS PARK 190 FIFTH STREET EAST, SUITE 401 ST. PAUL MN 55101 -1638 REPLY TO MAY '.18 2010 ATTENTION OF Operations Regulatory 2010 - 01647 -MTS RECEIVED Mr. Todd Gerhardt MAY 1. 9 2010 7700 Market Boulevard CITY OF CHANHASSEN Chanhassen, Minnesota 55317 Dear Mr. Gerhardt: We have reviewed information about your permit application to place 560 square feet of fill material in wetlands adjacent to Bluff Creek for the purpose of reconstructing Audubon Road and creating a recreational path. The project site is located in the NE 1 /4 of Section 22, Township 116N., Range 23W., Carver County, Minnesota. Department of the Army Regional General Permit -03 -MN (RGP- 03 -MN) provides authorization under section 404 of the Clean Water Act for certain categories of activities involving the discharge of dredged or fill material into waters of the U.S. We have determined that the described work is authorized by RGP- 03 -MN, provided the attached Standard Conditions are followed. This determination covers only the project as described above. If the design, location, or purpose of the project is changed, our office should be contacted to make sure the work would not result in a violation of Federal law. If your project will require off -site fill material that is not obtained from a licensed commercial facility, you must notify us at least five working days before start of work. A cultural resources survey may be required if a licensed commercial facility is not used. This General Permit is valid until August 2, 2011, unless modified, reissued, or revoked. The time limit for completing the work described above ends on that day, OR two years from the date of this letter, whichever occurs later. It is the permittee's responsibility to remain informed of changes to the General Permit program. If this authorized work is not undertaken within the above time period, or the project specifications have changed, our office must be contacted to determine the need for further approval or re- verification. It is the permittee's responsibility to ensure that the work complies with the terms of this letter and any enclosures, AND THAT ALL REQUIRED STATE AND LOCAL PERMITS AND APPROVALS ARE OBTAINED BEFORE WORK PROCEEDS. Operations - 2 - Regulatory (2010- 01647 -MTS) A preliminary jurisdictional determination (JD) has been prepared for the site of your project. The preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps representative identified in the final paragraph of this letter. You also may provide new information for further consideration by the Corps to reevaluate the JD. If this JD is acceptable, please sign and date both copies of the Preliminary Jurisdictional Determination Form and return one copy to the address below within 15 days from the date of this letter. U.S. Army Corps of Engineers St. Paul District 190 5 Street East, Suite 401 St. Paul, Minnesota 55101 -1638 Attn: Michael Setering If you have any questions, contact Michael Setering in our Saint Paul office at (651) 290 -5396. In any correspondence or inquiries, please refer to the Regulatory number shown above. Sincerely, Tamara E. Cameron Chief, Regulatory Branch Enclosure Copy Furnished w/o Enclosure: Greg Grazcyk, Carver County SWCD Ken Powell, MN BWSR • Operations - 1 - Regulatory (2010- 01647 -MTS) RGP -03 -MN STANDARD CONDITIONS All RGP -03 -MN effort or if the site is eligible for listing in the At the end of the specified timeframe, National Register of Historic Places. authorizations are subject to temporary fills must be removed in their entirety the following standard and the affected areas returned to their 11. Spawning areas. Discharges in spawning preexisting elevation. areas during spawning seasons must be avoided conditions, as applicable. to the maximum extent practicable. These conditions must be 6. General Information - Information about Federal Endangered species may be obtained by 12. Obstruction of high flows. To the satisfied for any RGP contacting the U. S. Fish and Wildlife Service at maximum extent practicable, discharges must authorization to be valid: (612) 725 -3548. The District's web page not permanently restrict or impede the passage ( www .mvp.usace.army.mil/regulatory/) will of normal or expected high flows or cause the 1. Mitigation/Sequencing. Discharges of also contain a link to the U.S. Fish and Wildlife relocation of the water (unless the primary dredged or fill material into waters of the United Service. Information concerning cultural purpose of the fill is to impound waters). States must be avoided and minimized to the resources may be obtained by contacting the maximum extent practicable. State Historic Preservation Office at (651) 296- 13. Adverse effects from impoundments. If 5462. Project proponents are encouraged to the discharge creates an impoundment of water, 2. Suitable fill material. No discharge of contact these agencies early in project planning adverse effects on the aquatic system caused by dredged or fill material may consist of because doing so can help avoid violations of the accelerated passage of water and/or the unsuitable material e. trash, debris, car Federal law and potentially lengthy permitting restriction of its flow shall be minimized to the ( l delays. Persons performing work should be maximum extent practicable. A bodies, asphalt, etc.). All fill (including riprap) aware that Federal or state regulations authorized under this permit, must consist of concerning endangered species and cultural 14. Waterfowl breeding areas. Discharges into suitable material free from toxic pollutants in resources may apply to their projects whether or breeding areas for migratory waterfowl must be other than trace quantities. In addition, rock or not the work requires a Corps permit. If avoided to the maximum extent practicable. fill material used for activities dependent upon referenced web sites are unavailable or the this permit and obtained by excavation must necessary information is not available on the 15. Navigation. No activity may cause more either be obtained from existing quarries or, if a referenced web site, the Corps contact for your than a minimal adverse effect on navigation. new borrow site is opened up to obtain fill county can be found on our web site referenced material, St. Paul District must be notified prior above, or you may call 651- 290 -5375. 16. Aquatic life movements. No activity may to the use of the new site to determine whether a substantially disrupt the movement of those cultural survey of the site is necessary. 7. Other permit requirements. No Corps species of aquatic life indigenous to the water 3. Proper maintenance. Any structure or fill RGP -03 -MN authorization eliminates the need body, including those species that normally authorized shall be properly maintained, for other local, state or Federal authorizations, migrate through the area, unless the activity's including maintenance, to ensure public safety. including but not limited to National Pollutant primary purpose is to impound water. Discharge Elimination System (NPDES) or 4. Erosion and siltation controls. Appropriate State Disposal System (SDS) permits from the 17. Equipment. Heavy equipment working in erosion and siltation controls must be used and Minnesota Pollution Control Agency, public wetlands must be placed on mats, or other maintained in effective operating condition waters work permits from the Minnesota measures must be taken to minimize soil during construction, and all exposed soil and Department of Natural Resources, or Wetland disturbance. other fills, as well as any work below the Conservation Act authorizations from the ordinary high water mark, must be permanently applicable local governmental unit. 18. Tribal rights. No activity or its operation stabilized at the earliest practicable date. Work may impinge or abrogate reserved treaty rights, should be done in accordance with state- 8. Historic properties, (cultural resources). including, but not limited to, reserved water approved, published practices, such as defined No activity which may affect historic properties rights and treaty fishing and hunting rights. in Minnesota Pollution Control Agency listed, or eligible for listing, in the National Document, PROTECTING WATER QUALITY Register of Historic Places is authorized, until 19. Wild and Scenic Rivers. No activity may IN URBAN AREAS - BEST MANAGEMENT the DE has complied with the provisions of 33 occur in a component of the National Wild and PRACTICES FOR MINNESOTA. CFR part 325 Appendix C. Information on the Scenic River System; or in a river officially location and existence of historic resources can designated by Congress as a "study river" for Upon completion of earthwork operations, all be obtained from the State Historic Preservation possible inclusion in the system, while the river exposed slopes, fills, and disturbed areas must Office and the National Register of Historic is in an official study status; unless the appropriate Federal agency with direct Places. be given sufficient protection by appropriate management responsibility for such river has means such as landscaping, or planting and maintaining vegetative cover, to prevent 9. Cultural resources. If cultural, determined that the proposed activity will not subsequent erosion. Cofferdams shall be archaeological, or historical resources are adversely affect the Wild and Scenic River constructed and maintained so as to prevent • unearthed during activities authorized by this designation, or study status. Information on erosion into the water. If earthen material is permit, work must be stopped immediately and Wild and Scenic Rivers may be obtained from used for cofferdam construction, sheet piling, the State Historic Preservation Officer must be the appropriate Federal land management contacted for further instruction. agency in the area (e.g., National Park Service, riprap or a synthetic cover must be used to U.S. Forest Service, Bureau of Land prevent dam erosion. Management, U.S. Fish and Wildlife Service. 10. If you discover any previously unknown g Service.) 5. Removal of temporary fills. Temporary fills historic or archaeological remains while are allowed to remain in place for up to three accomplishing the authorized activity you must 20. Water quality standards. All work or months. Upon request the District Engineer may immediately stop work and notify this office of discharges to a watercourse resulting from extend this period allowing temporary fills to what you have found. We will initiate the permitted construction activities, particularly remain in place for up to a total of 180 days, Federal and state coordination required to hydraulic dredging, must meet applicable where appropriate. determine if the remains warrant a recovery Page 1 of 3 Operations - 2 - Regulatory (2010- 01647 -MTS) Federal, State, and local water quality and Wildlife Service or the National Marine above pursuant to Section 404 of the Clean effluent standards on a continuing basis. Water Act (33 U.S.C. 1344). Fisheries Service, both lethal and non -lethal 21. Preventive measures. Measures must be takes of protected species are in violation of the 2. Limits of this authorization. adopted to prevent potential pollutants from Endangered Species Act. Information on the entering the watercourse. Construction a. RGP -03 -MN does not obviate the need to location of threatened and endangered species materials and debris, including fuels, oil, and obtain other Federal, state, or local other liquid substances, will not be stored in the and their critical habitat can be obtained directly authorizations required by law. construction area in a manner that would allow from the offices of the U.S. Fish and Wildlife them to enter the watercourse as a result of b. RGP -03 -MN does not grant any property Service and National Marine Fisheries Service es. rights or exclusive privileges. spillage, natural runoff, or flooding. g p g or their World Wide Web pages on the Internet. 22. Spill contingency plan. A contingency c. RGP -03 -MN does not authorize any injury to plan must be formulated that would be effective c. If it becomes apparent that a federally listed the property or rights of others. in the event of a spill. This requirement is endangered plant or animal species will be particularly applicable in operations involving affected by work authorized by this permit, d. RGP -03 -MN does not authorize interference the handling of petroleum products. If a spill of work must be stopped immediately and the St. with any existing or proposed Federal project. any potential pollutant should occur, it is the Paul District of the Corps of Engineers must be responsibility of the permittee to remove such contacted for further instruction. 3. Limits of Federal Liability. In authorizing material, to minimize any contamination work, the Federal Government does not assume resulting from this spill, and to immediately 26 : Known Populations of Federally Listed any liability, including but not limited to the notify the State Duty Officer at 1- 800 - 422 -0798 Threatened and Endangered species. following: and the U.S. Coast Guard at telephone number Information on known populations of Federally a. Damages to the permitted project or uses (1 -800) 424 -8802. listed species and their designated critical thereof as a result of other permitted or un- habitat is available on our web site and from the permitted activities or from natural causes. 23. Disposal sites. If dredged or excavated Twin Cities Field Office of the U.S.F.W.S. See material is placed on an upland disposal sight standard condition 6 or contact information. b. Damages to the permitted project or uses (above the ordinary high -water mark), the site thereof as a result of current or future must be securely diked or contained by some 27. The time limit for completing work activities undertaken by or on behalf of the other acceptable method that prevents the return authorized by RGP -03 -MN ends upon the United States in the public interest. of potentially polluting materials to the expiration date of RGP- 03 -MN. If you find that watercourse by surface runoff or by leaching. you need more time to complete the authorized c. Damages to persons, property, or to other The containment area, whether bulkhead or activity, submit your request for a time permitted or un- permitted activities or upland disposal sight, must be fully completed extension to this. office for consideration at least structures caused by the activity authorized prior to the placement of any dredged material. three months before the expiration date is by this permit. reached, 24. Water intakes /activities, No activity, d. Design or construction deficiencies t i 28. You must maintain the authorized activity associated with the permitted work. including structures and work in waters of the p U.S. or discharges of dredged or fill material, in good condition and in conformance with the terms and conditions of this permit. You are not e. Damage claims associated with any future may occur in the proximity of a public water g y i relieved of this requirement if you abandon the modification, suspension, or revocation of this supply intake except where the activity is for p repair of the public water supply intake permitted activity, although you may make a permit. structures or adjacent bank stabilization. good faith transfer to a third party. Should you wish to cease to maintain the authorized activity 4. Reliance on Applicant's Data: The 25. Endangered Species. or should you desire to abandon it without a determination of this office that a proponent's • a. No activity is authorized which is likely to good faith transfer, you must obtain a project is authorized by RGP -03 will be made in adversely affect a threatened or endangered modification of this permit from this office, reliance on the information provided by the species or a species proposed for such which may require restoration of the area. applicant. designation, as identified under the Federal Endangered Species Act, or which is likely to 29. You must allow representatives from this 5. Reevaluation of Permit Decision. This office office to inspect the authorized activity at any may reevaluate its decision on this permit at an destroy or adversely modify the critical habitat Y P any of such species. Non - federal permittees shall time deemed necessary to ensure that it is being time the circumstances warrant. Circumstances or has been accomplished in accordance with that could require a reevaluation include, but are notify the District if any listed species or critical q habitat might be affected or is in the vicinity of the terms and conditions of RGP- 03 -MN. not limited to, the following: the project, and shall not begin work on the activity until notified by the District that the a. You fail to comply with the terms and requirements of the Endangered Species Act 30. State Section 401 Water quality conditions of this permit. have been satisfied and that the activity is Certification. The Minnesota Pollution authorized. Control Agency has waived Section 401 b. The information provided by you in support certification for RGP- 03 -MN. of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). b. Authorization of an activity under RGP -03- 31. Coastal Zone Management consistency MN does not authorize the take of a threatened determination. The State of Minnesota has c. Significant new information surfaces which or endangered species as defined under the determined that GP-03-MN is consistent with this office did not consider in reaching the the Minnesota CZM program. original public interest decision. Such a Federal Endangered Species Act. In the absence reevaluation may result in a determination that it of separate authorization (e.g., an ESA Section Further Information: is appropriate to use the suspension, 10 Permit, a Biological Opinion with incidental modification, and revocation procedures take provisions, etc.) from the U.S. Fish and 1. Congressional Authorities: You have been contained in 33 CFR 325.7 or enforcement authorized to undertake the activity described procedures such as those contained in 33 CFR Page 2 of 3 Operations - 3 - Regulatory (2010- 01647 -MTS) 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. Standard condition 27 above, establishes a time limit for the completion of the activity authorized by this general permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. This permit becomes effective upon the issuance date specified after the Federal official, designated to act for the Secretary of the Army, has signed below. This general permit remains in effect for five years unless it is otherwise modified, suspended, or revoked. Page 3 of 3 PRELIMINARY JURISDICTIONAL DETERMINATION FORM This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: District Office (St. Paul District File /ORM # 12010- 01647 -MTS PJD Date: May 17, 2010 State City/County IChanhassen/Carver Name/ Mr. Todd Gerhardt Nearest Waterbody: 'Bluff Creek Address of City of Chanhassen Person 7700 Market Boulevard Location: TRS, Requesting Chanhassen, Minnesota 55317 LatLong or UTM: Section 22, Township 116N., Range 23W. PJD Identify (Estimate) Amount of Waters in the Review Area: Name of Any Water Bodies Tidal: I Non- Wetland Waters: Stream Flow: on the Site Identified as Section 10 Waters: Non - Tidal: linear ft 1 width 0.46 acres Perennial Cowardin 17 Office (Desk) Determination Wetlands: I - acre(s) I r Field Determination: Date of Field Trip: I Class: SUPPORTING DATA: Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): 17 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ✓ Data sheets prepared/submitted by or on behalf of the applicant/consultant. r Office concurs with data sheets /delineation report. r Office does not concur with data sheets /delineation report. ✓ Data sheets prepared by the Corps ✓ Corps navigable waters' study: 1 17 U.S. Geological Survey Hydrologic Atlas: • I7USGS NHD data. USGS 8 and 12 digit HUC maps. ri U.S. Geological Survey map(s). Cite quad name: (carver County DRG 1 USDA Natural Resources Conservation Service Soil Survey. Citation: (Carver Count 1 National wetlands inventory map(s). Cite name: 'Carver County r. State/Local wetland inventory map(s): I r FEMA/FIRM maps:I r 100 -year Floodplain Elevation is: I r' Photographs: 17 Aerial (Name & Date) :12008 FSA aerial imagery 17 Other (Name & Date): I "Google Maps ", "Bing Maps" ✓ Previous determination(s). File no. and date of response letter: ✓ Other information (please specify): Iu _ '1' TA T \ I • _ •'nf.rm.i. _ • .r .i . e • _ _ ' 1 .•en •rifle. 1 • , J ' , I. n. . • r l i • . _ . . i _ a• 'idiction. ..L.. ._ 06/4" / BjrAi a Signature and Date of Regulatory roject Manager Signature and Date of Person Requesting Preliminary JD (REQUIRED) (REQUIRED, unless obtaining the signature is impracticable) EXPLANATION OF PRELIMINARY AND APPROVED JURISDICTIONAL DETERMINATIONS: 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "preconstruction notification" (PCN), or requests verification for a non - reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not snake an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a pennit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. PRELIMINARY JURISDICTIONAL DETERMINATION FORM This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: District Office 1St. Paul District File /ORM # 12010- 01647 -MTS PJD Date: (May 17, 2010 State IM I City /County IChanhassen/Carver Name / Mr. Todd Gerhardt Nearest Waterbody: Creek Address of City of Chanhassen Person 7700 Market Boulevard Location: TRS, Requesting Chanhassen, Minnesota 55317 LatLong or UTM: Section 22, Township 116N., Range 23W. PJD Identify (Estimate) Amount of Waters in the Review Area: Name of Any Water Bodies Tidal: Non - Wetland Waters: Stream Flow: on the Site Identified as Section 10 Waters: Non - Tidal: linear ft r- width 0.46 acres (Perennial Cowardin 17 Office (Desk) Determination Wetlands: acre(s) (N /A r Field Determination: Date of Field Trip: I Class: SUPPORTING DATA: Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): r Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: r Data sheets prepared/submitted by or on behalf of the applicant/consultant. r Office concurs with data sheets /delineation report. r Office does not concur with data sheets /delineation report. ✓ Data sheets prepared by the Corps ✓ Corps navigable waters' study: 1 17 U.S. Geological Survey Hydrologic Atlas: r USGS NHD data. r USGS 8 and 12 digit HUC maps. 17 U.S. Geological Survey map(s). Cite quad name: 'Carver County DRG 1 USDA Natural Resources Conservation Service Soil Survey. Citation: 'Carver County 1 National wetlands inventory map(s). Cite name: !Carver County ✓ State/Local wetland inventory map(s): I r FEMA/FIRM maps:I ✓ 100 -year Floodplain Elevation is: I 17 Photographs: 17 Aerial (Name & Date):I FSA aerial imagery 17 Other (Name & Date): I "Goo Maps ", "Bing Maps" r Previous determination(s). File no. and date of response letter: ✓ Other information (please specify): 1 IMPORTANT NOT • Th inf rmation recorded on this form bas not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations $ /tSiZO Signature and Date of Reg atory Project Manager Signature and Date of Person Requesting Preliminary JD (REQUIRED) (REQUIRED, unless obtaining the signature is impracticable) EXPLANATION OF_PRELIMINARY AND APPROVED JURISDICTIONAL DETERMINATIONS: 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional detennination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Pennit (NWP) or other general permit verification requiring "preconstruction notification" (PCN), or requests verification for a non - reporting NWP or other general permit, and the pennit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (I) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable.