ENG Form XXXX Appendix A - Approved Jurisdictional Determination Form

APPENDIX A

US ARMY CORPS OF ENGINEERS

REGULATORY PROGRAM

APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)

2023 RULE

ORM Project Name: Enter ORM project Name

ORM Identification Number: Enter ORM ID number

Waters in the review area that are included in this significant nexus analysis: Click or tap here to enter text.

Appendix A #X of X: Significant Nexus Analysis for potential paragraph (a)(3)(ii) and (a)(4)(iii) waters:

Completion of this appendix is required for all potential paragraph (a)(3)(ii) and (a)(4)(iii) waters. Use a separate Appendix A for each catchment assessed.¹

1. Identify and describe the catchment (region): (location of downstream limit of catchment, and approximate size and extent of the catchment) (include map of catchment showing all similarly situated tributaries and adjacent wetlands, and the location of the review area):

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2. Identify the paragraph (a)(1) water to which the tributary of interest directly or indirectly flows:

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3. Describe the flow path from the downstream limit of the tributary of interest to the paragraph (a)(1) water:

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4. Use the tables below to identify similarly situated tributaries and adjacent wetlands in the catchment. When an identified subset of similarly situated waters provides a sufficient science-based justification to conclude presence of a significant nexus, for efficiency purposes a significant nexus analysis need not require time and resources to locate and analyze all similarly situated waters in the entire catchment. If determining that there is no significant nexus, this assessment must include all similarly situated tributaries and adjacent wetlands in the catchment.

1. List similarly situated tributaries within the catchment, including the tributary of interest. The names of tributaries should be consistent with the names on the catchment map.

Tributary Name	Tributary Size		Describe rationale for the determination that this waterbody is a tributary and part of a tributary system
N/A	N/A		N/A

2. List all similarly situated adjacent wetlands within the catchment that are used in the analysis and provide information to support the determination that the wetland is adjacent.

Wetland Name	Wetland Size		Describe rationale for the determination that this water is a wetland, identify the paragraph (a)(2) or (a)(3) water to which the wetland is adjacent, and support the determination that the wetland meets adjacency criteria.
N/A	N/A		N/A

3. If a subset of the similarly situated waters is being used for the significant nexus analysis, discuss how this subset of the similarly situated waters provides sufficient science-based justification to conclude the presence of a significant nexus with the paragraph (a)(1) water.

N/A

5. Use the tables below to consider the factors and assess the functions provided by the similarly situated waters within the catchment area of the tributary of interest.

FACTORS

Distance from a water identified in paragraph (a)(1) (river miles and straight-line miles):

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Hydrologic factors, such as the frequency, duration, magnitude, timing, and rate of hydrologic connections, including shallow subsurface flow:

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Size, density, or number of waters that have been determined to be similarly situated:

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Landscape position and geomorphology:

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Climatological variables such as temperature, rainfall, and snowpack:

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For each function, consider each factor to evaluate the likely strength of any effect of that function on a paragraph (a)(1) water. Consider whether the factors are likely to increase or decrease the strength of the influence of the function on the paragraph (a)(1) water.

FUNCTIONS

Contribution of flow:

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Trapping, transformation, filtering, and transport of materials (including nutrients, sediment, and other pollutants):

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Retention and attenuation of floodwaters and runoff:

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Modulation of temperature in waters identified in paragraph (a)(1):

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Provision of habitat and food resources for aquatic species located in waters identified in paragraph (a)(1):

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6. Select a conclusion statement from the drop-down box to indicate whether the similarly situated waters in the catchment do or do not significantly affect a paragraph (a)(1) water. Provide a rationale to support the conclusion in the summary table. Consider the factors and assess the functions of the similarly situated waters, and whether waters significantly affect the chemical, physical, or biological integrity of the paragraph (a)(1) water.

Conclusion Summary
Conclusion:
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1 The final rule “Revised Definition of ‘Waters of the United States’” (2023 Rule) was published in the Federal Register on 18 January 2023 and the effective date is 20 March 2023. See https://www.federalregister.gov/documents/2023/01/18/2022-28595/revised-definition-of-waters-of-the-united-states.