Transportation for Communities - Advancing Projects Through Partnerships
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Decision Guide Basics
Check out the Understanding the Decision Guide page
ENV-11
Approve Final Jurisdictional Determination
Description: This decision is a required step in the Section 404 permitting process. It is not integrated with other phases
of transportation decision making or other decision making processes. Note that this is an approval of the final
jurisdictional determination (JD), but a preliminary
JD is a useful technical decision made before ENV-9
(Approve Draft EIS with Conceptual Mitigation) that informs the avoidance and minimization of impacts.
This is likely the earliest point in the environmental review process that enough information is
available to make this final determination.
There is information developed in prior key decisions that informs this step.
Purpose
Approve the final determination of the geographic jurisdiction of the Section 404 program and the applicability of the exemptions under Section 404(f) of the Clean Water Act.
Outcome
The jurisdictional determination is written agreement from USACE on the determination of wetlands, streams and navigable waters that are within the jurisdiction of the Clean Water Act. This mapped information will inform the avoidance and minimization for the LEDPA.
Partner Roles | ||
|---|---|---|
MPO |
No Role |
A decision-making partner has no interest in the key decision because the resulting action is outside the role/involvement of its agency. |
FHWA |
Observer |
Observes the final jurisdictional determination by USACE |
State DOT |
Decision Maker |
Provides information necessary for USACE to make a jurisdictional determination |
Resource Agency |
Decision Maker |
USACE is a decision-maker, approving the jurisdictional determination. EPA has veto authority, but it is rarely exercised. |
Process |
Integration Type |
Integration Description |
|---|---|---|
| Land Use | None. | None. |
| Air Quality | None. | None. |
| Natural Environment | Data To IEF Step 9 - Update Regional Ecosystem Framework & Plan | The REF should be updated using the data from the jurisdictional determination. |
| Capital Improvement | None. | None. |
| Safety and Security | None. | None. |
| Human Environment | None. | None. |
Linkages to other Phases of Transportation Decision Making | |
|---|---|
None. |
|
Policy Questions |
|
|---|---|
Questions about purpose and roles |
Have partner interests been clearly identified? |
Questions about stakeholders |
No specific questions. |
Questions about the transportation process supporting the decision |
No specific questions. |
Questions about other phases |
No specific questions. |
Questions about non-transportation sectors/processes |
No specific questions. |
Questions to Gather Stakeholder Interests |
|---|
None. |
Questions to Incorporate Stakeholder Interests |
|---|
None. |
Case Study Example(s): |
|---|
None. |
Supporting Data for the Key Decision |
|
|
|---|---|---|
From other phases of transportation decision making |
Long Range Planning |
No Specific Data | Programming |
No Specific Data |
Corridor Planning |
No Specific Data |
Environmental Review |
No Specific Data |
From other sectors and processes |
Land Use |
No Specific Data | Air Quality |
No Specific Data |
Natural Environment |
No Specific Data |
Capital Improvement |
No Specific Data |
Safety and Security |
No Specific Data |
Human Environment |
No Specific Data |
From the transportation technical process supporting this key decision |
Information about the waters occurring in the project area and how they compare to the definition of waters of the United States. | |
From stakeholder collaboration |
No Specific Data | |
The following is a list of data needed to support the key decision. Practitioners collect this information for decision makers to consider. You may add to this list using the comment box at the bottom of the page.
Supporting Tools and Technology | |
|---|---|
None. | |
Key Decision Relationship to Other Topics | |
|---|---|
| None. |