Demystifying The New JD Form

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Demystifying The New JD Form
USACESAW / NCDWQ Consultant Workshop September
25-26, 2007
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Why?
Corps must , whether exerting jurisdiction or
not, collect all information and submit all
significant nexus determinations to EPA for
review. The more information you provide with
your JD request, PCN or Permit Application, the
faster when can make decisions!!!
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Approved Jurisdictional Determination FormU.S.
Army Corps of Engineers

• CANNOT BE MODIFIED
• COMPLETE FORM MUST BE SUBMITTED
• MUST HAVE SEPARATE FORM FOR EACH RELEVANT REACH

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Approved Jurisdictional Determination FormU.S.
Army Corps of Engineers

• 33 CFR 328.3 4 Still Apply
• Tributary Tributaries of navigable waters and
  interstate waters and impoundments of navigable
  or interstate waters are waters of the US. The
  lateral limits of jurisdiction extend to the
  limits of the ordinary high water mark (OHWM).
• Wetlands Wetlands adjacent to other waters of
  the US are waters of the US. The limits of these
  wetlands are determined by methods set forth in
  the 87 Manual.

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Approved Jurisdictional Determination FormU.S.
Army Corps of Engineers

• Relevant Reach
• Review Area Review Area refers to the area
  under consideration and can be synonymous with
  project area. However, in those cases where the
  project area requires the completion of
  additional JD forms (eg. Larger tracts of land),
  the review area will be confined to the area
  assessed on the JD form.

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Approved Jurisdictional Determination FormU.S.
Army Corps of Engineers

• Section I Background Information
• Section II Summary of Findings
• Section III CWA Analysis
• TNWs Adjacent Wetlands
• All Other Tributaries Their Adjacent Wetlands
• Significant Nexus Determination
• Determinations of Jurisdictional Findings
• Isolated Waters
• Non-Jurisdictional Waters
• Section IV Data Source

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Section I Background Info.
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Section I Background Info.

• Part C
• State, County, Nearest City
• Lat Long. decimal format Lat 33.89700 Long.
  -77.98746
• Name of nearest Waterbody Nearest named
  waterbody
• Name of nearest TNW into which aquatic resource
  flows
• Name of Watershed or HUC USGS 8-digit
• Check if map available Should always be
  included
• Check if other sites are associated with this
  action and are recorded on a different JD form
  Multiple waters, review areas and/or impact sites
  on a single and complete project

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Section II Summary
Must Finish Section III D before filling out this
part.
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Section II Summary
Review Area refers to the area under
consideration and can be synonymous with project
area. However, in those cases where the project
area requires the completion of additional JD
forms the review area will be confined to the
area assessed on the JD form.
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Section II Summary
Totals
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Section II Summary
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Section II Summary
Isolated waters and wetlands and those with no
significant nexus
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Section IV Data Sources
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Section III CWA Analysis
Part A Traditionally Navigable Waters and Their
Adjacent Wetlands

• Determined to be navigable waters of the US
  under any of the tests set forth in 33 CFR 329
  including Determinations by the Corps or by
  Federal Courts
• Determined to be navigable-in-fact under
  standards used by Federal Courts.

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Section III CWA Analysis
Part A Traditionally Navigable Waters and Their
Adjacent Wetlands
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Section III CWA Analysis
Factors to consider public and private boating
access points, historical records of commerce,
public boating/rafting activities, put ins/take
outs, fisheries related activities, forestry
related activities (e.g. log rafting)
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Section III CWA Analysis
Part A Traditionally Navigable Waters and Their
Adjacent Wetlands
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Section III CWA Analysis
Adjacent is bordering, neighboring, or
contiguous, Wetlands separated by dunes, roads,
berms, dikes, culverts, buildings, etc. are
adjacent . Factors to consider flooding
connections, Active floodplains, wrack lines,
sediment deposits, hydric soil connections,
connection by non-jurisdictional features (i.e.
ditches).
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Section III CWA Analysis
Part A Traditionally Navigable Waters and Their
Adjacent Wetlands
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Section III CWA Analysis
Part A Traditionally Navigable Waters and Their
Adjacent Wetlands
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Section II Summary
Include information supporting lateral limits
e.g. OHWM indicators or Wetland Data Sheets
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Traditionally Navigable Waters and Their
Adjacent Wetlands
Sequence Section I Part C Section III
Part A (1) Section III Part D (1)
Section II Part A if under RHA
jurisdiction, OR Part B (1) if
navigable-in-fact Section II Part B (1) (b
c) Section IV
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Section III CWA Analysis
Part B NON-TNWs and Their Adjacent Wetlands
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Section III CWA Analysis
Part B Perennial RPWs and Abutting Wetlands
Factors to consider Watershed size, gage data,
local info., map data, faunal data, stream
assessment forms, etc.
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Section III CWA Analysis
Part B Perennial RPWs and Abutting Wetlands
Abutting wetlands are those directly touching the
tributary, i.e. not separated by any
non-jurisdictional feature.
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Section II Summary
Include information supporting lateral limits
e.g. OHWM indicators and Wetland Data Sheets
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RPWs with perennial flow and their abutting
wetlands
Sequence Section I Part C Section III
Part D (2) and D (4) if abutting
wetlands Section II Part B (1) (a, b
c) Section IV
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Section III CWA Analysis
Part B Everything Else
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Section III CWA Analysis
Part B Everything Else
Perennial
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Section III CWA Analysis
Part B Everything Else
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Section III CWA Analysis
Part B Everything Else
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Section III CWA Analysis
Part B (1) The Tributary (intermittent RPWs and
non-RPWs)
Watershed Area The size of the watershed
draining into the tributary system upstream of
the point the relevant reach joins the next order
tributary. Drainage area The size of the
local watershed draining into the relevant reach
including all stream orders upstream of the
relevant reach
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Section III CWA Analysis
Part B (1) The Tributary (intermittent RPWs and
non-RPWs)
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Section III CWA Analysis
Part B (1) The Tributary (intermittent RPWs and
non-RPWs)
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Section III CWA Analysis
Part B (1) The Tributary (intermittent RPWs and
non-RPWs)
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Section III CWA Analysis
Part B (1) The Tributary (intermittent RPWs and
non-RPWs)
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Section III CWA Analysis
Part B (1) The Tributary (intermittent RPWs and
non-RPWs)
Factors to consider Watershed size, gage data,
local info., map data, faunal data (e.g.
insects), stream assessment forms, etc.
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Section III CWA Analysis
Part B (1) The Tributary (intermittent RPWs and
non-RPWs)
JD Guidebook Photos 53 and 54
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Section III CWA Analysis
Part B (1) The Tributary (intermittent RPWs and
non-RPWs)
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Section III CWA Analysis
Part B (1) The Tributary (intermittent RPWs and
non-RPWs)
Factors to consider overall condition of the
feature, natural or anthropogenic disturbance,
Spatial and temporal persistence of water marks,
natural or anthropogenic features prohibiting
formation of water marks, etc.
Footnote 6 A natural or man-made discontinuity
in the OHWM does not necessarily sever
jurisdiction
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Section III CWA Analysis
Part B (1) The Tributary (intermittent RPWs and
non-RPWs)
Factors to consider turbidity, suspended
solids, evidence of unnatural sediment load
(include inputs if evident). Tributaries located
in urban, commercial, residential and
agricultural areas typically collect runoff
containing fertilizers, herbicides and
pesticides. Include sediment inputs if evident.
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Section III CWA Analysis
Part B (1) The Tributary (intermittent RPWs and
non-RPWs)
Factors to consider fish spawnig areas, Trout
designations, nursery areas, anadromous fish
runs, benthic macroinvertebrate diversity, etc.
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Section III CWA Analysis
Part B (2) The Wetlands
Pertains to wetlands within the review area
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Section III CWA Analysis
Part B (2) The Wetlands
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Section III CWA Analysis
Part B (2) The Wetlands
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Section III CWA Analysis
Part B (2) The Wetlands
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Section III CWA Analysis
Part B (3) All Adjacent Wetlands
This should be a best estimate based on existing
data sources. If a disagreement arises as to
the presence or absence of a Significant Nexus,
more ground truthing may be appropriate/
necessary. If the review area contains enough
wetlands to enable a SN determination to be made,
then do not expend a lot of time documenting
presence of other wetlands downstream outside of
review area.
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Section III CWA Analysis
Part B (3) All Adjacent Wetlands
Factors to consider Chemical Removal of P,
N, herbicides, pesticides, runoff from roadways
and parking areas, etc. Physical Sediment
removal, flood storage, temperature regulation,
groundwater recharge for maintenance of baseflow,
etc. Biological Life-cycle support, organic
carbon input, food chain support, rearing,
foraging, nesting/spawning area, etc.
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Section III CWA Analysis
Part C Significant Nexus
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Section III CWA Analysis
Part C Significant Nexus
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Section III CWA Analysis
Part C Significant Nexus
Restate the four bullets above as statements of
fact based on discussion provided in Section 3,
above . For example, Based on the discussion
in Section 3 above, The tributary, in combination
with its adjacent wetlands (if any), has more
than a speculative or insubstantial capacity to
carry pollutants or flood waters to TNWs
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Section III CWA Analysis
Part D (2) RPWs with seasonal flow
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Section II Summary RPWs with seasonal flow
Include information supporting lateral limits
e.g. OHWM indicators
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RPWs with seasonal flow
Sequence Section I Part C Section III
Part B (1) Section III Part D
(2) Section II Part B (1) (a, b
c) Section IV
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Section III CWA Analysis
Part D (3) Non-RPWs
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Section II Summary RPWs with seasonal flow
Include information supporting lateral limits
e.g. OHWM indicators
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Non-RPWs
Sequence Section I Part C Section III
Part B (1) Section III Part C
(1) Section III Part D (3) Section II
Part B (1) (a, b c) Section IV
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Section III CWA Analysis
Part D (5) Wetlands adjacent to but not abutting
an RPW
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Section II Summary Wetlands adjacent to but not
abutting an RPW
Include information supporting lateral limits
e.g. Wetland data sheets
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Wetlands adjacent to but not abutting an RPW
Sequence Section I Part C Section III
Part B (1 2) Section III Part C
(3) Section III Part D (5) Section II
Part B (1) (a, b c) Section IV
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Section III CWA Analysis
Part D (6) Wetlands adjacent to a non-RPW
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Section II Summary Wetlands adjacent to a
non-RPW
Include information supporting lateral limits
e.g. Wetland data sheets
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Wetlands adjacent to a non-RPW
Sequence Section I Part C Section III
Part B (1 2) Section III Part C
(2) Section III Part D (6) Section II
Part B (1) (a, b c) Section IV
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Section III CWA Analysis
Part D (7) Impoundments of jurisdictional
waters Pursuant to 33 CFR 328 (a),
impoundments of waters of the US are waters of
the US. When assessing an impoundment, flow
characteristics should be estimated by examining
the water immediately upstream and downstream.
Area should then be assessed accordingly
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Section III CWA Analysis
Part D (7) Impoundments of jurisdictional waters
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Section III CWA Analysis
Part E Isolated Interstate or intrastate waters
including isolated wetlands Determinations of
isolation should be made pursuant to criteria
used prior to SWANCC. If a wetland is determined
isolated, SWANCC applies and no significant nexus
test should be performed.
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Section III CWA Analysis
Part E Isolated Interstate or intrastate waters
including isolated wetlands
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Section III CWA Analysis
Part F Non-jurisdictional waters including
wetlands
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Section III CWA Analysis
Part F Non-jurisdictional waters including
wetlands
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Section III CWA Analysis
Part F Non-jurisdictional waters including
wetlands
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Questions?