1 NAB Jurisdictional Determination Process Maryland Wetlands Forum April 14, 2008 Incorporating the 28 January 2008 HQUSACE Memorandum Regarding the Modified Process for Coordination Jurisdictional Determinations

2 Pre-Applications Preapplication without JD (general information only, purpose is to educate, not enough information to provide JD) If applicant requests information regarding whether an area is regulated or not, then a preapplication with JD will be required. See below No JD Form. No posting or coordination. No letter provided. Preapplication with JD (presence/absence, field, & office) Corps verifies JD. Approved JD form is required. Coordinate SNDs and post all. Approved JD is an appealable action. Corps sends letter directly to applicant.

3 All isolated water determinations, including those associated with MDSPGP or non-reporting NWP applications Appealable JD Approved JD is required. In MD, no coordination of isolated waters determinations with EPA is required. Post all on Regulatory website. Approved JD is an appealable action. Letter sent directly to the applicant with cc to MDE and consultant. Isolated Waters

4 General Permit Applications MDSPGP Category I MDE verifies activity and performs JD. No JD form required. No posting or coordination. State sends MDSPGP-3 Category I verification letter to permittee.

5 General Permit Applications MDSPGP Category I & II with Corps special conditions MDSPGP Category III Non-reporting NWP Abbreviated preliminary JD form prepared for the file. Documentation of the SND, if applicable, included to document that waters may or may not be present. No coordination, posting, or appeal language. Preliminary JDs are advisory and may not be appealed. Project proponent can specifically request an approved JD. -Corps sends MDSPGP verification letter to MDE for inclusion with State permit/license -Corps sends NWP verification letter to permittee with copy to MDE

6 Individual permits, LOPs, permit denials, stand-alone JDs, and reporting NWPs Corps verifies activity & JD. Approved JD form required. Coordinate SNDs and post all. Approved JD is an appealable action. Permit with approved JD sent directly to applicant with cc to MDE and consultant. Individual Permits, LOPs, Stand-Alone JDs, and Reporting NWPs Appealable JD