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.Describe aquatic resources and other features within the Review Area identified <br />in the 2023 Rule as amended as not “waters of the United States” even where <br />they otherwise meet the terms of paragraphs (a)(2) through (5). Include the type <br />of excluded aquatic resource or feature, the size of the aquatic resource or <br />feature within the Review Area and describe how it was determined to meet one <br />of the exclusions listed in 33 CFR 328.3(b).9 N/A <br />b.Describe aquatic resources and features within the Review Area that were <br />determined to be non-jurisdictional because they do not meet one or more <br />categories of waters of the United States under the 2023 Rule as amended (e.g., <br />tributaries that are non-relatively permanent waters; non-tidal wetlands that do <br />not have a continuous surface connection to a jurisdictional water). <br />Wetland 1: Wetlands 1 and 1b were delineated and reported as two wetlands in <br />the April 2025 wetland delineation report. Wetlands 1 and 1b have no <br />discernable division separating the two features in the Review Area. For the <br />purposes of the Corps review and determination, Wetlands 1 and 1b are <br />evaluated as one-wetland under Wetland 1. <br />Wetland 1 is classified as a slope Hydrogeomorphic (HGM) class and a <br />seasonally saturated palustrine emergent (PEME) Cowardin class wetland with <br />small patches of scrub-shrub (PSS) totaling 3.21 acres within the northern most <br />portion of the Review Area. Wetland 1 occurs in a sloped and previously <br />disturbed area and is separated from the nearest relatively permanent water <br />(RPW) (Videra Creek) by uplands. Wetland 1 does not extend offsite beyond the <br />Review Area and is not located within a mapped floodplain. Based on a review <br />of light detection and ranging (LiDAR) data, available topographic mapping, <br />wetland delineation report and delineation data forms, and ground level <br />photographs, the Corps found no evidence that Wetland 1 has a continuous <br />surficial connection to a requisite (a)(1), (a)(2), or (a)(3) water. Therefore, the <br />Corps has determined Wetland 1 is not a water of the U.S. <br />Wetland 2 is classified as palustrine scrub shrub (PSS) Cowardin class wetland <br />totaling 0.34-acre within the upper center of the Review Area. Wetland 2 occurs <br />in a sloped and previously disturbed area and is separated from Wetland 2B and <br />the nearest RPW (Videra Creek) by uplands. Wetland 2 does not extend offsite <br />beyond the Review Area and is not located within a mapped floodplain. Based on <br />a review of LiDAR data, available topographic mapping, wetland delineation <br />report and delineation data forms, and ground level photographs, the Corps <br />found no evidence that Wetland 2 has a continuous surficial connection to a <br />9 88 FR 3004 (18 January 2023) <br />NWP-2022-30 5 of 7 Enclosure 1