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
Revision
Not revised.
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.
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.
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).
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).
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.
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.
Critique
Verdict
upheld
Suggested direction for the rating
same
Summary
The assessment is well supported by the delineation claims. Presence, core extent and partly avoidable are reasonable. The only problems are minor: an absence-of-evidence statement on fill size, and the omission of DNR floodway and drain checks in the next steps.
Critic model
Luminol
Issues
Severity minor · Kind other
The pathway rationale says there is 'no evidence of large fill requiring an individual permit' and cites C-5a22a97656. That claim only recommends avoidance and HDD. It does not speak to fill size. This is absence of evidence, not a supported statement. The NWP and routine 401 reading is a reasonable professional judgment, so the wording is minor. The USACE jurisdictional determination would settle it.
S-04 (DNR floodway permit) and S-08 (regulated drain or tile) are unverified, so they are not decisive. The next steps could still say to check floodway mapping for Sugar Run and to check for regulated drains in the western fields. The agencies list omits DNR.
The comment says 'two intermittent tributaries drain the western fields' and also says three streams were delineated. This is consistent with the claims. The 'fragmenting the buildable area' wording is an inference from the bisecting stream, not a quoted fact.
No wetlands were observed in the northern parcel, Parcel 7.
Quote check Exact · Placed verbatim · The quote occurs on the page exactly as written. · Read as ocr · OCR confidence 0.9589638913043479
Field Notes - Parcel 7 (north)
Quote starts. No wetlands were observed in the northern parcel (Parcel 7). Quote ends.
Upland soils, row crops, no hydric indicators.
This page has no position for the quote: it was found in the page text only.
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).
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.
The requirements the assessor tied to this row, by level. Each quote from dated law is shown with its source.
Engine 0.1.0, which made this run, wrote no timelines or citations of law.
Federal
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)
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.
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.