Open Record 1 all testimony to 5-6-26

CENWP-ODG SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of Sackett v. EPA, 143 S. Ct. 1322 (2023), NWP-2022-30 as well as other applicable guidance, relevant case law, and longstanding practice in evaluating jurisdiction. 1. SUMMARY OF CONCLUSIONS. a. Provide a list of each individual feature within the Review Area and the jurisdictional status of each one (i.e., identify whether each feature is/is not a water of the United States and/or a navigable water of the United States). i. Wetland 1, non-jurisdictional ii. Wetland 2, non-jurisdictional iii. Wetland 2B, jurisdictional iv. Wetland 2C, non-jurisdictional v. Wetland 3, non-jurisdictional vi. Wetland 4, non-jurisdictional vii. Wetland 5, non-jurisdictional 2. REFERENCES. a. “Revised Definition of ‘Waters of the United States,’” 88 FR 3004 (18 January 2023) (“2023 Rule”) b. “Revised Definition of ‘Waters of the United States’; Conforming” 88 FR 61964 (8 September 2023) c. Sackett v. EPA, 598 U.S. 651, 143 S. Ct. 1322 (2023) d. “Memorandum on LRB-2021-01386. U.S. Environmental Protection Agency and the Office of the Assistant Secretary of the Army for Civil Works at the U.S. Department of the Army (16 February 2024).” e. “Memorandum To The Field Between The U.S. Department Of The Army, U.S. Army Corps Of Engineers And The U.S. Environmental Protection Agency Concerning The Proper Implementation Of ‘Continuous Surface Connection’ Under The Definition Of “Waters Of The United States” Under The Clean Water Act” (March 12, 2025) 2