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 />(a)(5), consistent with the Supreme Court’s decision in Sackett. List each aquatic <br />resource separately, by name, consistent with the naming convention used in <br />section 1, above. Include a rationale for each aquatic resource, supporting that the <br />aquatic resource meets the relevant category of “waters of the United States” in the <br />2023 Rule as amended. The rationale should also include a written description of, <br />or reference to a map in the administrative record that shows, the lateral limits of <br />jurisdiction for each aquatic resource, including how that limit was determined, and <br />incorporate relevant references used. Include the size of each aquatic resource in <br />acres or linear feet and attach and reference related figures as needed. <br />a.Traditional Navigable Waters (TNWs) (a)(1)(i): N/A <br />b.The Territorial Seas (a)(1)(ii): N/A <br />c.Interstate Waters (a)(1)(iii): N/A <br />d.Impoundments (a)(2): N/A <br />e. Tributaries (a)(3): N/A <br />f.Adjacent Wetlands (a)(4): <br />Wetland 2B: Wetlands 2 (East) and 2b were delineated and reported as two <br />wetlands in the April 2025 wetland delineation report. Wetlands 2 (East) and 2b <br />have no discernable division separating the two features in the Review Area. For <br />the purposes of the Corps review and determination, Wetlands 2 (East) and 2b <br />are evaluated as one-wetland under Wetland 2B. <br />Wetland 2B is classified as palustrine scrub shrub (PSS) Cowardin class wetland <br />totaling 0.536-acre near the center of the Review Area. Wetland 2B flows south <br />into an 8-inch corrugated culvert and flows 100-feet outside of the Review Area <br />where it exists into a channel in an offsite wetland with similar vegetation directly <br />adjacent to and abutting Videra Creek. Flow was visible during the 30 May 2025 <br />site visit through the adjacent wetland and into Videra Creek (RPW). Wetland 2B <br />maintains a continuous surficial connection to a requisite (a)(1), (a)(2), or (a)(3) <br />water. Therefore, the Corps has determined Wetland 2B is a water of the U.S. <br />g. Additional Waters (a)(5): N/A <br />8.NON-JURISDICTIONAL AQUATIC RESOURCES AND FEATURES <br />NWP-2022-30 4 of 7 Enclosure 1