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Jurisdictional Determination Appealed & Won

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Hart & Hickman evaluated a 0.52-acre man-made pond located adjacent to a stream in Charlotte.  The Corps initially determined that the pond was hydraulically connected to the stream.  H&H appealed the original Jurisdictional Determination (JD) on the grounds that the pond base elevation was approximately eight ft higher than the adjacent stream water level.  Therefore, the pond and the stream are not hydraulically connected.  Based on H&H’s evaluation, the Corps reversed the original JD.