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Wetlands and waters report

Word file

Wetlands, streams, ponds, ditches and other surface waters in or crossing the study area, and whether they may be regulated waters.

A desk review of the record as it stood: not a field survey and not a modelled study.

Information cut-off
2023-08-15
Row in the matrix
AQ-01 Wetlands and Waterbodies
All reports

Downloads

This report as a Word file, and the engine's own files for the whole run.

1Finding

3Resource is present, likely difficult to address

The rule

Code computed the rating from the assessor's inputs:

extent=core, avoidable=partly -> 3

Set by the rule

Decision
Released
Evidence state
VERIFIED · field study or agency determination

The assessor's comments

May 2023 field delineation identified four wetlands totaling 6.2 acres and three streams. Sugar Run, a perennial stream, bisects the Project Area north to south; two intermittent tributaries drain the western fields. Sugar Run and tributaries are likely jurisdictional. No wetlands observed in Parcel 7.

2What the record shows

The five inputs

  • Present: yes

    Field delineation (C-473bc604fa) found four wetlands totaling 6.2 acres and three streams in the Project Area; Sugar Run bisects it (C-b2682b602a) with two intermittent tributaries (C-d993df0dfd). The absence claim for Parcel 7 (C-002ed424de) is limited to that northern parcel and does not conflict with project-wide presence.

    Cites C-473bc604fa, C-b2682b602a, C-d993df0dfd, C-002ed424de

  • Extent: core

    Sugar Run, a perennial stream, bisects the center of the Project Area north to south (C-b2682b602a), fragmenting the buildable area; tributaries drain the western fields (C-d993df0dfd). Parcel 7 has no wetlands (C-002ed424de), but that is only one parcel.

    Cites C-b2682b602a, C-d993df0dfd, C-002ed424de

  • Avoidable: partly

    Consultant recommends avoiding all delineated features and HDD for Sugar Run collection line crossings (C-5a22a97656). Because Sugar Run bisects the site (C-b2682b602a), crossings for collection lines and access are likely even with layout avoidance of wetlands. Features are not pervasive: four wetlands totaling 6.2 acres (C-473bc604fa).

    Cites C-5a22a97656, C-b2682b602a, C-473bc604fa

  • Pathway: standard

    Sugar Run and tributaries are likely jurisdictional (C-c601777a50). Crossings by HDD or spanning and small linear impacts typically fit a Nationwide Permit with routine 401 certification; no evidence of large fill requiring an individual permit (C-5a22a97656). IDEM 401/isolated wetland permit likely (S-02).

    Cites C-c601777a50, C-5a22a97656

  • Impact likely: yes

    A perennial stream bisecting the site (C-b2682b602a) means that without special avoidance, access roads and collection lines will cross likely jurisdictional waters (C-c601777a50), triggering permitting and HDD costs.

    Cites C-b2682b602a, C-c601777a50

Supporting statements (6)

Each claim the row cites: the statement in the assessor's words, then the quote the engine found on the page.

  1. C-002ed424de

    No wetlands were observed in the northern parcel, Parcel 7.

    Quoted from page 3
    No wetlands were observed in the northern parcel (Parcel 7).

    Wetland and Stream Delineation Report May2023 · DR-0005 · Page 3 · 2023-05-22

    Source field_study · Claim type absence · Polarity absence · Confidence high · Quote check exact, 100 of 100

    See it on page 3, claim C-002ed424de

  2. C-473bc604fa

    Field delineation on April 10-14, 2023 identified four wetlands totaling 6.2 acres (palustrine emergent and forested) and three streams within the Project Area.

    Quoted from page 2
    identified four wetlands totaling 6.2 acres (palustrine emergent and palustrine forested) and three streams within the Project Area.

    Wetland and Stream Delineation Report May2023 · DR-0005 · Page 2 · 2023-05-22

    Source field_study · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100

    Cited by EC-02

    See it on page 2, claim C-473bc604fa

  3. C-5a22a97656

    Consultant recommends avoiding all delineated features and using horizontal directional drilling for collection line crossings of Sugar Run.

    Quoted from page 2
    We recommend avoidance of all delineated features; collection line crossings of Sugar Run should use horizontal directional drilling (HDD).

    Wetland and Stream Delineation Report May2023 · DR-0005 · Page 2 · 2023-05-22

    Source consultant_memo · Claim type recommendation · Polarity neutral · Confidence high · Quote check exact, 100 of 100

    Cited by AQ-02

    See it on page 2, claim C-5a22a97656

  4. C-b2682b602a

    Sugar Run, a perennial stream, bisects the center of the Project Area from north to south.

    Quoted from page 2
    Sugar Run, a perennial stream, bisects the center of the Project Area from north to south.

    Wetland and Stream Delineation Report May2023 · DR-0005 · Page 2 · 2023-05-22

    Source field_study · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100

    Cited by AQ-02, EC-02

    See it on page 2, claim C-b2682b602a

  5. C-c601777a50

    Sugar Run and its tributaries are likely jurisdictional waters of the United States.

    Quoted from page 2
    Sugar Run and its tributaries are likely jurisdictional waters of the United States.

    Wetland and Stream Delineation Report May2023 · DR-0005 · Page 2 · 2023-05-22

    Source consultant_memo · Claim type presence · Polarity presence · Confidence medium · Quote check exact, 100 of 100

    Cited by PE-03 · Filed under AQ-01, PE-03

    See it on page 2, claim C-c601777a50

  6. C-d993df0dfd

    Two intermittent tributaries to Sugar Run drain the western fields.

    Quoted from page 2
    Two intermittent tributaries to Sugar Run drain the western fields.

    Wetland and Stream Delineation Report May2023 · DR-0005 · Page 2 · 2023-05-22

    Source field_study · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100

    Cited by EN-03

    See it on page 2, claim C-d993df0dfd

3Permits and requirements

The requirements tied to the rows of this report, by level.

Engine 0.1.0, which made this run, wrote no timelines or citations of law.

Federal (3)

  • Section 404 permit (Nationwide Permit, e.g. NWP 51, or Individual Permit)

    F-CWA404 · U.S. Army Corps of Engineers (district by location)

    Applicability
    Conditional
    Instrument
    Clean Water Act Section 404 (33 U.S.C. 1344); 33 CFR Parts 320-332
    Trigger
    Fill or discharge in jurisdictional waters or wetlands (roads, crossings, grading).
    Description

    Regulates discharge of dredged or fill material into waters of the United States, including wetlands. Permit type depends on the area of impact and the activity.

    As of the cut-off

    As of the cut-off: Sackett v. EPA narrowed the scope of waters of the United States. (2023-05-25) Changed after the cut-off (not applied): EPA and USACE published the conforming WOTUS rule. (2023-09-08)

    Verification
    PACK_PENDING_QUALIFIED_REVIEW
    Source
    pack:federal
    In the permit matrix
    F-CWA404

  • Section 401 Water Quality Certification

    F-CWA401 · State water quality agency (or EPA/authorized tribe)

    Applicability
    Conditional
    Instrument
    Clean Water Act Section 401 (33 U.S.C. 1341); 40 CFR Part 121
    Trigger
    Any federal permit or license that may result in a discharge into waters.
    Description

    Certification that a federally permitted discharge (for example a Section 404 permit) complies with state water quality standards.

    As of the cut-off

    Changed after the cut-off (not applied): EPA's revised Section 401 certification rule took effect. (2023-11-27)

    Verification
    PACK_PENDING_QUALIFIED_REVIEW
    Source
    pack:federal
    In the permit matrix
    F-CWA401

  • Section 10 permit

    F-RHA10 · U.S. Army Corps of Engineers

    Applicability
    Conditional
    Instrument
    Rivers and Harbors Act Section 10 (33 U.S.C. 403)
    Trigger
    Crossing or work in a navigable waterway.
    Description

    Work or structures in, over or under navigable waters of the United States.

    Verification
    PACK_PENDING_QUALIFIED_REVIEW
    Source
    pack:federal
    In the permit matrix
    F-RHA10

State (4)

  • 401 WQC and isolated wetland permit

    S-02 · Indiana Department of Environmental Management (IDEM)

    Applicability
    Likely
    Instrument
    Section 401 Water Quality Certification / State Isolated Wetland permit (IC 13-18-22)
    Trigger
    Fill or discharge in Sugar Run/tributaries or isolated wetlands
    Description

    Sugar Run and tributaries are likely jurisdictional waters, so a 401 WQC is required with any federal Section 404 permit. Isolated state-regulated wetlands and waters not covered federally need an IDEM isolated wetland permit if impacted.

    As of the cut-off

    As of 2023-08-15, after Sackett v. EPA (May 2023), federal jurisdiction narrowed, making state isolated wetland permitting more important. Indiana SEA 389 (2021) deregulated Class I and some Class II isolated wetlands.

    Verification
    DATA_ROOM_EVIDENCED
    Source
    model:jurisdiction
    Basis
    C-c601777a50
    In the permit matrix
    S-02

  • Notice of Intent and Construction Stormwater Pollution Prevention Plan

    S-03 · IDEM

    Applicability
    Required
    Instrument
    Construction Stormwater General Permit (327 IAC 15-5, Rule 5)
    Trigger
    Land disturbance of 1 acre or more
    Description

    Land disturbance of one acre or more requires Rule 5 NOI submitted to IDEM, with the SWPPP reviewed by the county SWCD or MS4. This project disturbs well over one acre.

    As of the cut-off

    Rule 5 as of 2023-08-15.

    Verification
    MODEL_KNOWLEDGE_UNVERIFIED
    Source
    model:jurisdiction
    In the permit matrix
    S-03

  • Construction in a Floodway permit

    S-04 · Indiana Department of Natural Resources (DNR) Division of Water

    Applicability
    Conditional
    Instrument
    Flood Control Act permit (IC 14-28-1)
    Trigger
    Any work in a mapped floodway or on a stream with 1+ sq mi drainage area
    Description

    Required for construction in a designated floodway of streams with drainage area of 1 square mile or more, e.g. Sugar Run crossings, collection lines, or fencing.

    As of the cut-off

    As of 2023-08-15.

    Verification
    MODEL_KNOWLEDGE_UNVERIFIED
    Source
    model:jurisdiction
    Basis
    C-c601777a50
    In the permit matrix
    S-04

  • Regulated drain crossing/encroachment approval and tile protection

    S-08 · Indiana DNR / county Drainage Board / County Surveyor

    Applicability
    Conditional
    Instrument
    Indiana Drainage Code (IC 36-9-27); regulated drains
    Trigger
    Work within regulated drain easements or disturbing drainage tile
    Description

    Crossings or work near county regulated drains need Drainage Board approval. Agricultural tile disturbed by construction must be repaired.

    As of the cut-off

    As of 2023-08-15.

    Verification
    MODEL_KNOWLEDGE_UNVERIFIED
    Source
    model:jurisdiction
    In the permit matrix
    S-08

4What is missing

The information requests the run raised for the rows of this report, by priority: what is missing, what follows from it, and whether it holds up the decision.

High priority (2)

  • IR-a33eeefca9 · High priority

    Provide the usace jurisdictional determination or agency waters correspondence for the project area, or confirm none exists.

    Missing evidence
    USACE jurisdictional determination or agency waters correspondence
    Consequence
    Wetlands and Waterbodies is rated on partial evidence without it.
    Blocks the decision
    No
    Raised by
    completeness

  • IR-9f6495626a · High priority

    Provide the desktop nwi/nhd water review or constraints mapping for the project area, or confirm none exists.

    Missing evidence
    Desktop NWI/NHD water review or constraints mapping
    Consequence
    Wetlands and Waterbodies is rated on partial evidence without it.
    Blocks the decision
    No
    Raised by
    completeness

5Next steps and agencies

Next steps

  • Site layout avoiding all delineated features with setbacks.
  • Use HDD for Sugar Run collection line crossings.
  • Request USACE jurisdictional determination; pursue NWP and IDEM 401 authorization for unavoidable impacts.

Agencies

  • USACE
  • IDEM

6Basis and limits

This report is a desk review of the documents quoted above, as the engine read them for an information cut-off of 2023-08-15.

It is not a field survey and not a modelled study: this review made no site visit and ran no acoustic, hydraulic or other model. Where the record is silent, the report says what is missing; it does not fill the gap.

Every statement, figure and quote is the engine's record as written. The headings and connecting words are fixed text of this room, the same in every report.

Documents quoted (1)

Versions and data hashes

As the engine and the exporter recorded them. Hashes are SHA-256.

Information cut-off
2023-08-15
Engine version
0.1.0
Prompt version
2026-10-02.1
Rows pack
rows.json sha256 d1df27b21f79b09d
Federal pack
federal.json sha256 aa17c41356542d46
State pack
none
Local pack
Not written by this engine
Data room manifest
6141b7dc1f8441489d39e4023d551e4c0021a37ce4f9ad157607d9096c58bfb5
Audit chain
valid (92 events)
QA status
PASS
Rendered at
2026-10-01T21:09:12+00:00
Run record (annex)
a03418c2562baa8a57b7c256ce665acd2c20e92d06e365604d162e9029f8fdd6
Exporter
Prism/room/exporter 1.4.0

Prism desk report · engine 0.1.0 · prompts 2026-10-02.1 · information cut-off 2023-08-15

Lumerian Labs 2026