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 /> <br />Corps found no evidence that Wetland 5 has a continuous surficial connection to <br />a requisite (a)(1), (a)(2), or (a)(3) water. Therefore, the Corps has determined <br />Wetland 5 is not a water of the U.S. <br />9.DATA SOURCES. List sources of data/information used in making determination. <br />Include titles and dates of sources used and ensure that information referenced is <br />available in the administrative record. <br />a.A field visits were conducted on 04 April 2025 and on 30 May 2025 by Corps’ <br />staff. <br />b.A desktop evaluation was completed on 07 April 2025. <br />c.Wetland Delineation Report for Tax Lot 1804111200200, Eugene, Lane County, <br />Oregon. Prepared by Wetlands and Wildlife LLC, dated April 11, 2025. <br />d.Oregon Department of State Lands Local Wetlands Inventory, Accessed 07 April <br />2025. <br />e.Oregon Department of State Lands Statewide Streams, Accessed 07 April 2025. <br />f.U.S. Geological Survey National Hydrography Dataset, Accessed 07 April 2025. <br />g.Corps Portland District October 1993 list of Navigable Riverways within the State <br />of Oregon, Accessed 07 April 2025. <br />h.Oregon DOGAMI LiDAR imagery, Accessed 07 April 2025. <br />10. OTHER SUPPORTING INFORMATION. N/A <br />11. NOTE: The structure and format of this MFR were developed in coordination with <br />the EPA and Department of the Army. The MFR’s structure and format may be <br />subject to future modification or may be rescinded as needed to implement <br />additional guidance from the agencies; however, the approved jurisdictional <br />determination described herein is a final agency action. <br />NWP-2022-30 7 of 7 Enclosure 1