CENWP-ODG <br />SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of <br />Sackett v. EPA, 143 S. Ct. 1322 (2023), NWP-2022-30 <br />3.REVIEW AREA. The Review Area is 15.50 acres (ac) and includes Tax Lot <br />1804111200200 in Eugene, Lane County, Oregon, Latitude / Longitude: <br />44.0239850°, -123.1358888°. <br />4.NEAREST TRADITIONAL NAVIGABLE WATER (TNW), THE TERRITORIAL SEAS, <br />OR INTERSTATE WATER TO WHICH THE AQUATIC RESOURCE IS <br />CONNECTED. The nearest TNW to which waters from the Review Area is <br />connected is the Willamette River located approximately 28 miles north of the <br />Review Area at River Mile (RM) 146. The Willamette River has been determined to <br />be a TNW to RM 183.2 by Portland District Corps of Engineers as described in the <br />October 1993 District list of Navigable Riverways within the State of Oregon.6 <br />5.FLOWPATH FROM THE SUBJECT AQUATIC RESOURCES TO A TNW, THE <br />TERRITORIAL SEAS, OR INTERSTATE WATER. <br />Wetland 2B flows south and west through the Review Area and extends west <br />outside of the Review Area where it directly abuts and flows into Videra Creek, an <br />RPW, 1.86 miles to Amazon Creek, an RPW, and continues 27 miles to the <br />Willamette River, a TNW. <br />6.SECTION 10 JURISDICTIONAL WATERS 7: Describe aquatic resources or other <br />features within the Review Area determined to be jurisdictional in accordance with <br />Section 10 of the Rivers and Harbors Act of 1899. Include the size of each aquatic <br />resource or other feature within the Review Area and how it was determined to be <br />jurisdictional in accordance with Section 10.8 N/A <br />7.SECTION 404 JURISDICTIONAL WATERS: Describe the aquatic resources within <br />the Review Area that were found to meet the definition of waters of the United States <br />in accordance with the 2023 Rule as amended at 33 CFR § 328.3(a)(1) through <br />6 This MFR should not be used to complete a new stand-alone TNW determination. A stand-alone TNW <br />determination for a water that is not subject to Section 9 or 10 of the Rivers and Harbors Act of 1899 <br />(RHA) is completed independently of a request for an AJD. A stand-alone TNW determination is <br />conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where <br />upstream or downstream limits or lake borders are established. <br />7 33 CFR § 329.9(a) A waterbody which was navigable in its natural or improved state, or which was <br />susceptible of reasonable improvement (as discussed in § 329.8(b) of this part) retains its character as <br />“navigable in law” even though it is not presently used for commerce, or is presently incapable of such <br />use because of changed conditions or the presence of obstructions. <br />8 This MFR is not to be used to make a report of findings to support a determination that the water is a navigable water of the United States. The district must follow the procedures outlined in 33 CFR § 329.14 <br />to make a determination that a water is a navigable water of the United States subject to Section 10 of the <br />RHA. <br />NWP-2022-30 3 of 7 Enclosure 1