FLOWCHART TO ACCOMPANY DECEMBER 7, 2022, JOINT COORDINATION MEMORANDUM TO THE FIELD, U.S. ARMY CORPS OF ENGINEERS (CORPS) AND THE ENVIRONMENTAL PROTECTION AGENCY (EPA) Purpose: The attached flowcharts are intended to support implementation of the December 7, 2022, Joint Coordination Memorandum to the Field by the Corps and EPA (Coordination Memo). Figure 1 shows the local-level coordination procedures between Corps Districts and EPA Regions for review of draft Approved Jurisdictional Determinations (AJDs). Figure 2 shows coordination procedures for elevated draft AJDs by Corps Headquarters (HQ) and EPA HQ, and the Office of the Assistant Secretary of the Army for Civil Works (ASA(CW)). A short list of footnotes follows Figure 2. In both figures, coordination procedures begin with the step in the upper left corner and progress downward. Steps are shown in rectangles, with circles denoting questions with yes/no answers corresponding to arrows. Rectangles with bolded outlines denote concluding steps in coordination procedures. Notes: 1. The Coordination Memo will remain in effect for nine months after the effective date of the 2023 Rule, until December 20, 2023. 2. An AJD request may be withdrawn by the requestor at any point in the coordination procedures shown in this flowchart. If an AJD request is withdrawn after the associated AJD has been elevated to HQ pursuant to Section III of the Coordination Memo, the District should notify the EPA Region, Corps HQ, and EPA HQ in a timely manner. ------- Start: Corps District completes draft Approved Jurisdictional Determination (AJD) form. r Does the AJD involve a significant nexus evaluation? No Figure 1: Local-level coordination procedures under Section II. Coordination pursuant to memo is not required. District may finalize AJD. Yes r District submits notification of coordination to EPA Region.1 r Local-level coordination is complete. District may finalize AJD. i No L Does Region provide comments2 within 14 calendar days from notification? No Is the draft AJD assessing waters under paragraph (a)(5)(ii)? Yes Yes Prior to end of notification period, or 5 calendar days from transmittal of comments, or 5 calendar days from meeting (whichever is later in time), does District notify Region that it is withdrawing draft AJD? No Is the draft AJD assessing any waters under paragraphs (a)(3)(ii) and/or (a)(4)(iii)? Yes Yes Draft AJD is withdrawn from local-level coordination. The revised draft AJD will be subject to the coordination procedures. No Prior to end of notification period, or 5 calendar days from transmittal of comments, or 5 calendar days from meeting (whichever is later in time), District transmits revised draft AJD to Region or notifies of intent to issue unrevised AJD. Yes Is the draft AJD also assessing any waters under paragraph (a)(5)(ii)? No Within 3 calendar days, does Region notify District that it is elevating the draft AJD to HQ?3 Local-level coordination is complete. District may finalize AJD. J No Region concurrently notifies EPA HQ and Corps HQ of elevation and transmits all relevant information. District transmits draft AJD to EPA HQ and Corps HQ, along with any Regional comments and any District revisions. .+ See Figure 2 (HQ coordination procedures under Section III for elevated draft AJDs) Page 2 of 3 ------- EPA HQ and Corps HQ receive draft AJD and supporting materials from District or Region following local-level coordination procedures under Section II (Figure 1). EPA HQ and/or Corps HQ may request coordination with ASA(CW). Figure 2: Headquarters coordination procedures under Section III for elevated draft AJDs. C Within 14 calendar days from transmittal, or 7 calendar days from notification of ASA(CW)4, do EPA HQ. Corps HQ, or ASA(CW) provide guidance, or notify District of intent to provide guidance? Elevation procedures have concluded. District may finalize AJD. EPA HQ issues signed memorandum providing guidance to all Regions and Districts. District responsible for draft AJD determines necessary changes and transmits final draft AJD and memorandum explaining application of the guidance to EPA HQ, Corps HQ, and/or ASA(CW). Yes EPA HQ and Corps HQ or ASA(CW) issue signed memorandum providing guidance to all Regions and Districts. District responsible for draft AJD determines necessary changes and transmits final draft AJD and memorandum explaining application of the guidance to EPA HQ, Corps HQ, and/or ASA(CW). Within 14 calendar days from District's . notice of revised draft AJD, does EPA \ HQ notify Corps HQ or ASA(CW) and J— District of intent to make a site-specific y jurisdictional decision? — Elevation procedures have concluded. District may finalize AJD.5 Yes EPA HQ transmits final site-specific jurisdictional decision to all Regions and Districts. 1 "Notification of coordination" includes the draft AJD form (explaining the full basis and rationale for asserting or not asserting jurisdiction), and any maps, as well as any easily available electronic information. Within five calendar days of notification, the Region may request, if warranted, all additional information relied upon to inform the draft approved JD, such as aerial or satellite imagery, site visit documentation, or other resources used to support the draft decision and rationale described on the draft AJD form. 2 When the Region transmits the comments to the District, the Region may request a meeting to discuss comments with the District. Any such meeting must be held within the 14-day coordination period. 3 See section II.D.2.b.ii.A-C for full description of Region's options following receipt of a revised draft AJD. Note that these options apply only to draft AJDs assessing waters under paragraphs (a)(3)(h) or (a)(4)(iii). 4 Time frames in section III.A of the agencies' joint coordination memorandum can be modified if both parties mutually agree in writing for a specific elevated case. In such cases, Corps HQ shall inform the District and EPA HQ shall inform the Region of any newly agreed-upon time frames. 5 A Corps District AJD issued after consideration of receipt of HQ-level guidance is an appealable action under 33 C.F.R. 331 et seq. Any appeal can examine and question any matter or finding of fact, but the decision on appeal will not question or overturn any legal or policy guidance made by EPA HQ and/or Corps HQ or ASA(CW) pursuant to the agencies' joint coordination memorandum. Page 3 of 3 ------- |