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<br />CENWO <br />SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of <br />Sackett v. EPA, 143 S. Ct. 1322 (2023), NWO-2024-01795-DEN <br /> <br /> <br />3 <br /> <br />resource or other feature within the review area and how it was determined to be <br />jurisdictional in accordance with Section 10.7 N/A <br /> <br /> <br />7. SECTION 404 JURISDICTIONAL WATERS: Describe the aquatic resources within <br />the review area that were found to meet the definition of waters of the United States <br />in accordance with the 2023 Rule as amended, consistent with the Supreme Court’s <br />decision in Sackett. List each aquatic resource separately, by name, consistent with <br />the naming convention used in section 1, above. Include a rationale for each aquatic <br />resource, supporting that the aquatic resource meets the relevant category of <br />“waters of the United States” in the 2023 Rule as amended. The rationale should <br />also include a written description of, or reference to a map in the administrative <br />record that shows, the lateral limits of jurisdiction for each aquatic resource, <br />including how that limit was determined, and incorporate relevant references used. <br />Include the size of each aquatic resource in acres or linear feet and attach and <br />reference related figures as needed. <br /> <br />a. Traditional Navigable Waters (TNWs) (a)(1)(i): N/A <br /> <br />b. The Territorial Seas (a)(1)(ii): N/A <br /> <br />c. Interstate Waters (a)(1)(iii): N/A <br /> <br />d. Impoundments (a)(2): N/A <br /> <br />e. Tributaries (a)(3): N/A <br /> <br />f. Adjacent Wetlands (a)(4): N/A <br /> <br />g. Additional Waters (a)(5): N/A <br /> <br />8. NON-JURISDICTIONAL AQUATIC RESOURCES AND FEATURES <br /> <br />a. Describe aquatic resources and other features within the review area identified in <br />the 2023 Rule as amended as not “waters of the United States” even where they <br />otherwise meet the terms of paragraphs (a)(2) through (5). Include the type of <br />excluded aquatic resource or feature, the size of the aquatic resource or feature <br /> <br />7 This MFR is not to be used to make a report of findings to support a determination that the water is a <br />navigable water of the United States. The district must follow the procedures outlined in 33 CFR part <br />329.14 to make a determination that water is a navigable water of the United States subject to Section 10 <br />of the RHA.