Pursuant to Section 404 of the Clean Water Act and
Section 10 of the Rivers and Harbors Act, the discharge of dredged or fill
material into waters of the United States, including adjacent and isolated
wetlands, is an activity regulated by the Corps of Engineers.
Wetlands are valuable public resources that serve as
water storage areas during floods or heavy rains. Wetlands also improve water
quality by filtering or absorbing waterborne sediments, excessive nutrients, and
toxic compounds, and provide valuable fish and wildlife habitat. Wetlands
include not only easily recognized areas such as cattail marshes and vegetated
ponds, but also bogs, wet meadows, and seasonally saturated forests. Because of
their importance, wetlands are afforded special protection under the Clean Water
Act. Knowledge of and compliance with the Clean Water Act are the responsibility
of the property owner and/or project proponent.
Identifying the location and extent of wetlands on a
parcel of land is essential to the planning process of a development project,
whether that project is for the construction of a single family home, a
residential subdivision, or a commercial development. By identifying and
delineating wetlands early in the project planning process, developers and
property owners can avoid or substantially reduce wetland impacts by carefully
and selectively siting their infrastructure improvements and structures away
from these sensitive areas. Such avoidance can also significantly reduce the
amount of time necessary to obtain permits from the Corps of Engineers. Property
owners can ensure the accuracy of their wetland delineations by having them
verified in writing by the Army Corps of Engineers. Each written verification is
valid for a period of five years. The wetland delineation verification process
is known as a Corps of Engineers "jurisdictional determination" (JD).
The Philadelphia District continues to process a
large number of wetland delineations every year. Wetland delineations generally
fall into two categories; those requested by real estate developers and large
landowners, and others requested by small property owners. Small property owners
are often referred to as "mom and pop" applicants. Mom and pop
applicants are typically interested in constructing a single family home or
other structure on a small parcel of land (one acre or less). The Corps of
Engineers can usually delineate these small parcels in the field fairly quickly.
However, delineating a large property is a labor-intensive and time-consuming
task, requiring several months for the Corps of Engineers to complete.
In order for this office to meet current workload obligations and
provide better service to the public, real estate developers and large property owners should obtain the services of an environmental scientist or consultant with experience in the delineation of wetlands to evaluate the subject property and prepare all documentation associated with a jurisdictional determination request. The Corps of Engineers will endeavor to reduce the processing time for
these consultant-prepared delineation reports by reviewing and verifying them in the office, conducting field inspections only when appropriate. Mom and pop landowners are also encouraged to reduce their application processing time by electing to use environmental consultants to delineate their properties.
All jurisdictional determination requests for real estate developments and large properties must include, at a minimum, the information indicated on Attachment One, Mom and pop applicants are required to provide the information indicated on Attachment Two. Failure to provide any of the required information
will preclude this office from completing our jurisdictional determination, and will result in administrative withdrawal of the application.
There are two types of JD procedures used by the Philadelphia District. Preliminary JDs are advisory in nature and may not be appealed. A landowner, permit applicant, or other “affected party” may elect to use a preliminary JD to voluntarily waive or set aside questions regarding CWA/RHA jurisdiction over a particular site, usually in the interest of allowing the landowner or other “affected party” to move ahead expeditiously to obtain a Corps permit authorization where the party determines that is in his or her best interest to do so. We encourage permit applicants to submit a completed, signed copy of the Preliminary JD Form and copies of the referenced supporting data with your permit application or JD request. The preliminary JD form is available by clicking here.
An approved JD is an official Corps determination that jurisdictional waters of the United States are either present or absent on a particular site. An approved JD is valid for five years and can be appealed through the Corps’ administrative appeal process set out at 33 CFR Part 331. The information on the Philadelphia District Approved JD Information Checklist is recommended for all approved JD requests and will assist Corps staff in delineating waters of the U.S. and completing accurate JDs. This documentation must allow for a reasonably accurate replication of the delineation or determination at a future date.
In order to help further streamline the JD procedures, we encourage applicants to consider the use of consultants to help perform the delineation, document the basis and rationale for asserting or declining to assert jurisdiction under the CWA, and provide an electronic copy as well as a paper copy of the completed JD form (and supporting documentation) with the permit application or JD request.
On March 8, 2000 an administrative appeals process for jurisdictional determinations was established by the Corps of Engineers. Information regarding the appeals process is available at Administrative Appeals.
The Corps of Engineers will prioritize its jurisdictional
determination reviews as follows:
- Conduct office/field verifications for consultant-prepared
delineations which accompany permit applications.
- Conduct field delineations for mom and pop applicants which
accompany permit applications (these are permit applications which do not include Corps-verified delineations.)
- Conduct field delineations for JD requests by mom and pop
applicants which do not accompany permit applications.
- Conduct office/field verifications for all other
consultant-prepared delineations.
It is important to note that the Philadelphia District will consider
each permit application to be incomplete until we have finalized our
jurisdictional determination for that project site.
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As a service to the public, the Corps of Engineers will verify, upon
request, the location of previously delineated wetlands and other federally regulated waters of the United States on large private properties (one acre or greater), and real estate developments. The wetland delineation verification process is known as a Corps of Engineers "jurisdictional determination." Because the delineation of wetlands can be difficult, property owners and project proponents should obtain the services of a wetland scientist, environmental consultant, or other person(s) experienced in the
delineation of wetlands to evaluate the subject property and prepare all documentation associated with a jurisdictional determination request. In order for this office to make a jurisdictional determination, the property owner or
project proponent must submit the data and information enumerated below to the U.S. Army Corps of Engineers, Philadelphia District at the following address:
U.S. Army Corps of Engineers
Regulatory Branch
Wanamaker Building
100 Penn Square East
Philadelphia, PA 19107-3390
Application Form:
- Each request for a jurisdictional determination
shall be accompanied by a completed jurisdictional determination application
form (CENAP FORM 1891). Upon receipt of an application for a jurisdictional
determination the Corps of Engineers will notify the applicant by post card of
the application number assigned to the project, and the name of the Corps
project manager assigned to verify the delineation.
Methodology:
- All wetland delineations shall be conducted in
accordance with the methodology established by the Corps of Engineers Wetlands Delineation Manual, (Technical Report Y-87-1), Environmental Laboratory, 1987, U.S. Army Waterways Experiment Station 1987, Vicksburg, MS. (1987 COE Manual).
Please note that aspects of the above referenced manual have been clarified by Corps of Engineers memoranda dated 6 March 1992, 20 February 1992, 7 October 1991, and 16 September 1991.
Reporting:
- The environmental scientist conducting the wetland
delineation shall prepare a written delineation report including the information indicated below. The report shall be prepared in accordance with Section B of the 1987 Corps Manual.
Site Vicinity Map:
- Each report shall include a site vicinity map. The site vicinity map shall consist of a copy of the applicable USGS Quadrangle map showing the approximate footprint of the site. The report shall also provide a short but detailed description of site characteristics, including the general topographic and drainage features of the site.
Soils:
- Include a legible reproduction of the county soil survey with the boundaries of the site identified. From the soil survey, include the descriptions of the soil types reported for the site. Soil borings should be taken throughout the site and their locations shown on the wetland delineation plan (described below). Field observations of soil characteristics for each boring shall be documented in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, page 30.
Hydrolology:
- Observations of wetland hydrology should be recorded in accordance with the indicators described on page 37 of the 1987 Corps Manual. The report should include, at a minimum, the depth to ground water and the depth to soil saturation for each of the soil borings.
Vegetation:
- Include a legible reproduction of the most recent edition of the state wetland map, the National Wetland Inventory map, or any available vegetation cover-type maps or aerial photography. For each plant community, list the dominant vegetation occurring in each of the four physiognomic categories described on page 19 of the 1987 Corps Manual. The indicator status of each species must be documented in accordance with the National List of Plant Species that Occur in Wetlands: Northeast (Region 1), Reed, P.B., Jr., 1988. U.S. Fish and Wildlife Service Biological Report 88(26.1).
Synthesis of Data:
- Within each plant community, the vegetative, hydrologic, and soil data collected at each data point shall be recorded on the Routine Wetland Determination Data Form, (revised 3/92) associated with the 1987 Corps Manual. A discussion should be included in the report, describing the criteria which were instrumental in the development of the overall upland/wetland boundary.
Photographs:
- The report shall include a series of photographs of
the site. The photos should be keyed to the surveyed wetland delineation plan (described below), indicating the location and direction of each photo. A 'brief description should accompany each photograph explaining its relevance to the wetland delineation. The photographs should clearly depict: vegetation types, areas of standing or ponded water, watercourses, upland areas, and the upland/wetland boundary. The report should also include aerial photographs of the site, if available.
Wetland Delineation Plan:
- The upland/wetland boundary shall be established in the field based upon the technical data collected by the environmental scientist. Each wetland boundary point shall be marked in the field with numbered survey ribbons or stakes. Stakes are preferable to flagging in order to decrease the potential disturbance of the wetland boundary points over the long term. The use of stakes can also avoid the necessity of re-surveying the boundary line in the event that the flagging is lost. Each boundary point shall be surveyed and plotted on an outbound survey plan of the
property, in order to create a wetland delineation plan.
The wetland delineation plan shall identify each wetland boundary
point by number, and shall indicate the bearing and distance of each wetland boundary segment in tabular form. The wetland delineation plan shall also depict the location of each data collection point, and the locations and dimensions of any other waters of the United States identified on the property (e.g., ponds, lakes, rivers, and streams. Each of these other waters shall be identified on the delineation plan as "waters of the United States." Please note that culverted streams are waters of the United States and shall be identified
as such on the delineation plan. The wetland delineation plan shall also include a comprehensive title block indicating, at a minimum, the project title (name), the identity of the preparer of the plan, the preparation date, and all revision dates. The delineation plan shall also be sealed by a licensed surveyor. The wetland delineation plan shall also include the following items:
- North arrow
- Bearings and distances of boundary line segments in tabular form.
- Total area (acres or square feet) of the property.
- FEMA 100 year floodplain boundary, or FEMA-approved local floodplain
boundary (if available).
- Property plan revision notes (if applicable).
- Licensed surveyor's seal.
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Further Information Regarding Jurisdictional Determinations on Large Properties and Real Estate Developments
Verification:
Upon receipt and review of the above information, the
Corps of Engineers will, at its discretion, provide written verification of the accuracy of the wetland delineation plan, or visit the site for further investigation. A site inspection may result in revisions to the wetland boundary prior to the issuance of a written verification.
Wetland Delineation Surveys:
The Philadelphia District requires a third order, class one level of accuracy for all wetland delineation surveys conducted by traditional plane surveying methods. This level of accuracy is assured by achieving an error of closure of 1 in 10,000. For wetland delineation surveys conducted using the Global Positioning System (GPS), the Philadelphia
District requires that each wetland boundary point have a positional accuracy of +/- 15 cm (0.5 feet). In the event that vegetation or other obstructions prevent the effective use of GPS for surveying any particular jurisdictional boundary delineation, establishment of a separate baseline will be required. This baseline shall be tied to the respective state coordinate system, and each point of intersection (PI) shall be clearly marked on the ground.
The jurisdictional boundary line shall be referenced to the baseline
by station and perpendicular offset measured to the nearest 0.1 ft. When this occurs, the survey plan must indicate the locations which have been surveyed in this manner. The submission of a GPS survey plan must include a "quality assurance/quality control" (QA/QC) document, prepared by the surveyor. The QA/QC shall be used to ensure that the GPS survey points, and any required separate baseline, meet the requirements set forth above. When feasible, it is requested that the survey also be provided to the Philadelphia Distrct in a digital format on a CD-ROM disc.
Limits of Corps of Engineers' Jurisdiction:
In addition to wetlands, the Corps has regulatory jurisdiction overall other waters of the United States such as streams, rivers, lakes, and ponds. In tidal areas, the extent of Corps jurisdiction extends shoreward to the high tide line (HTL) for activities involving the discharge of dredged or fill material (Section 404 of the Clean Water Act), and to the mean high water line (MHWL) for all other structures and work (Section 10 of the Rivers and Harbors Act). In non-tidal areas, Corps jurisdiction extends shoreward to the ordinary high water mark (OHWM) of the river, stream, lake, or pond. Definitions of these terms are defined in federal regulations at 33 CFR Part 328 (page 41251). Additional information regarding Corps of Engineers jurisdiction and the regulatory program is available in a Philadelphia District publication entitled: Are You Planning Work in a Waterway or Wetland?
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Checklist of Information Required for Jurisdictional
Determinations
on Large Properties and Real Estate Developments
When applying for a Corps of Engineers jurisdictional determination,
be certain that you have enclosed the following items:
- Completed Jurisdictional Determination Application Form (NAP Form
1891).
- Wetland delineation report including the following:
- USGS Quadrangle Map showing the footprint of the site.
- County soil survey map and soil series descriptions
- State wetland map, National Wetland Inventory map, or other
applicable vegetation cover-type map
- Wetland delineation data sheets documenting soils, vegetation, and
hydrology information
- Photographs keyed to the wetland delineation plan
- Aerial photography, if available
- Discussion of the wetland boundary rationale
- Wetland delineation plan, including the following items:
- Property boundary lines with bearings and distances in tabular
form
- Wetland boundary points
- Wetland boundary line
- Data collection points
- Locations and dimensions of all other waters of the United States
(e.g., ponds, lakes, rivers, streams)
- North arrow
- Bearings and distances of property line
- Total area (square feet or acres) of the property
- FEMA 100-year floodplain boundary, or FEMA-approved local
floodplain boundary (if available)
- Revision notes
- Licensed surveyor's seal
- Title block, including:
- Project title
- Identity of the plan preparer
- Plan preparation date
- Revision dates
- Site development plans (if available)
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As a service to the public, the Corps of Engineers will delineate,
upon request, the location of federally regulated wetlands and other waters of
the United States on small private properties (one acre or less). Such a
delineation is known as a Corps of Engineers "jurisdictional
determination". In order for this office to make a jurisdictional
determination, the small property owner or project proponent must submit the
information enumerated below to the U.S. Army Corps of Engineers, Philadelphia
District at the following address:
U.S. Army Corps of Engineers
Regulatory Branch
Wanamaker Building
100 Penn Square East
Philadelphia, PA 19107-3390
Application Form:
- Each request for a jurisdictional determination
shall be accompanied by a completed Jurisdictional Determination application form (NAP Form
1891). Upon receipt of an application for a jurisdictional
determination, the Corps of Engineers will notify the applicant by post card of the application number assigned to the project, and the name of the Corps project manager assigned to conduct the delineation.
Site Vicinity Map:
- Each jurisdictional determination application shall include a site vicinity map. The site vicinity map shall consist of a copy
of the applicable USGS Quadrangle map showing the approximate footprint of the site.
Property Boundary Plan:
- The application shall include an outbound survey plan of the property. The survey plan shall include the following items:
- North arrow
- Bearings and distances of boundary line segments in tabular form.
- Total area (acres or square feet) of the property.
- FEMA 100 year floodplain boundary, or FEMA-approved local floodplain
boundary (if available).
- Property plan revision notes (if applicable).
- Licensed surveyor's seal.
Photographs:
- The applicant shall include with the application, a
series of photographs of the site. The photos should be keyed to the above
mentioned survey plan of the property, indicating the location and direction of each photo. The photographs should clearly depict: forest vegetation, open field vegetation, areas of standing or ponded water, watercourses, and buildings or other structures on the property. The applicant should also provide aerial
photographs of the site, if available.
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Further Information Regarding Jurisdictional Determinations
on Small Properties
-
Wetland Delineation Plan:
- Upon receipt of the information described
above, a Corps of Engineers representative will visit the site to identify the limits of wetlands and other waters of the United States. The upland/wetland boundary will then be established based upon technical data collected by the Corps representative. Each wetland boundary point will be marked in the field with numbered survey ribbons or stakes. It is the responsibility of the applicant to have each wetland boundary point surveyed, and to have each point plotted on the property plan, in order to create a wetland delineation plan. The wetland delineation plan shall identify each wetland boundary point by number, and shall indicate the bearings and distances of the entire wetland boundary line in tabular form. The wetland delineation plan shall also depict the
location of each data collection point, and the locations and dimensions of any other waters of the United States identified on the property (e.g., ponds, lakes, rivers; and streams). Each of these other waters shall be identified on the delineation plan as "waters of the United States." Please note that culverted streams are waters of the United States and shall be identified as such on the delineation plan. The wetland delineation plan shall also include a comprehensive title block indicating, at a minimum, the project title (name),
the identity of the preparer of the plan, the preparation date, and all revision dates. The delineation plan shall also be sealed by a licensed surveyor. Upon receipt of the wetland delineation plan, The Corps of Engineers will issue a written jurisdictional determination letter verifying the accuracy of the delineation.
Wetland Delineation Survey:
- The Philadelphia District requires a
third order, class one level of accuracy for all wetland delineation surveys conducted by traditional plane surveying methods. This level of accuracy is assured by achieving an error of closure of 1 in 10,000. For wetland delineation surveys conducted using the Global Positioning System (GPS), the Philadelphia District requires that each wetland boundary point have a positional accuracy of +/- 15 cm (0.5 feet). In the event that vegetation or other obstructions prevent the effective use of GPS for surveying any particular jurisdictional boundary delineation, establishment of a separate baseline will be required. This
baseline shall be tied to the respective state coordinate system, and each point of intersection (PI) shall be clearly marked on the ground. The jurisdictional boundary line shall be referenced to the baseline by station and perpendicular offset measured to the nearest 0.1 ft. When this occurs, the survey plan must indicate the locations which have been surveyed in this manner. The submission of a GPS survey plan must include a "quality assurance/quality control" (QA/QC) document, prepared by the surveyor. The QA/QC shall be used to ensure that the GPS survey points, and any required separate baseline, meet the requirements set forth above. When feasible, it is requested that the
survey also be provided to the Philadelphia District in a digital format on a CD-ROM disc.
Limts of Corps of Engineers' Jurisdiction:
- In addition to wetlands,
the Corps has regulatory jurisdiction over all other waters of the United States such as streams, rivers, lakes, and ponds. In tidal waterways, the extent of Corps jurisdiction extends shoreward to the high tide line (HTL) for activities involving the discharge of dredged or fill material (Section 404 of the Clean Water Act), and to the mean high water line (MHWL) for all other structures and
work (Section 10 of the Rivers and Harbors Act). In non-tidal waterways, Corps jurisdiction extends shoreward to the ordinary high water mark (OHWM) of the river, stream, lake, or pond. These terms are defined in federal regulations at 33 CFR Part 328 (page 41251). Additional information regarding Corps of Engineers jurisdiction and the regulatory program is available in a Philadelphia District publication entitled: Are You Planning Work in a Waterway or Wetland?
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When applying for a Corps of Engineers jurisdictional determination,
be certain that you have enclosed the following items:
Jurisdictional determination appeal process and clarification of appeals of permit denials and declined individual permits.