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 />requisite (a)(1), (a)(2), or (a)(3) water. Therefore, the Corps has determined <br />Wetland 2 is not a water of the U.S. <br />Wetland 2c is classified as palustrine scrub shrub (PSS) Cowardin class wetland <br />totaling 0.01-acre within the center of the Review Area. Wetland 2c occurs in a <br />sloped and previously disturbed area and is separated from Wetland 2 and the <br />nearest RPW (Videra Creek) by uplands. Wetland 2c 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 2c has a continuous surficial connection to a <br />requisite (a)(1), (a)(2), or (a)(3) water. Therefore, the Corps has determined <br />Wetland 2c is not a water of the U.S. <br />Wetland 3 is classified as PSS Cowardin class wetland totaling 0.44-acre within <br />the center of the Review Area. Wetland 3 occurs in a sloped and previously <br />disturbed area and is separated from Wetland 2 and the nearest RPW (Videra <br />Creek) by uplands. Wetland 3 extends offsite beyond the Review Area, but the <br />Corps determined from the 30 May 2025 onsite meeting, as well as review of <br />LiDAR data, available topographic mapping, wetland delineation report and <br />delineation data forms, and ground level photographs, that Wetland 3 has no <br />continuous surficial connection to a requisite (a)(1), (a)(2), or (a)(3) water. <br />Therefore, the Corps has determined Wetland 3 is not a water of the U.S. <br />Wetland 4 is classified as a slope HGM class and a PEME Cowardin class <br />wetland totaling 0.01-acre south of Wetland 2c in the Review Area. Wetland 4 <br />occurs in a sloped and previously disturbed area and is separated from Wetland <br />2 and the nearest RPW (Videra Creek) by uplands. Wetland 4 does not extend <br />offsite beyond the Review Area and is not located within a mapped floodplain. <br />Based on a review of LiDAR data, available topographic mapping, wetland <br />delineation report and delineation data forms, and ground level photographs, the <br />Corps found no evidence that Wetland 4 has a continuous surficial connection to <br />a requisite (a)(1), (a)(2), or (a)(3) water. Therefore, the Corps has determined <br />Wetland 4 is not a water of the U.S. <br />Wetland 5 is classified as a slope HGM class and a PEME Cowardin class <br />wetland totaling 0.01-acre west of Wetland 4 in the Review Area. Wetland 5 <br />occurs in a sloped and previously disturbed area and is separated from Wetland <br />2 and the nearest RPW (Videra Creek) by uplands. Wetland 5 does not extend <br />offsite beyond the Review Area and is not located within a mapped floodplain. <br />Based on a review of LiDAR data, available topographic mapping, wetland <br />delineation report and delineation data forms, and ground level photographs, the <br />NWP-2022-30 6 of 7 Enclosure 1