Review of the anticipated permit application will inform the agency and public about the anticipated impacts and determine whether the action may significantly affect the quality of the human environment.

NOTE: USACE has not completed a review of aquatic resources or made a determination of jurisdiction. An Approved Jurisdictional Determination was requested and will be conducted upon receiving the permit application and applicant-provided information. Completion of the Approved Jurisdictional Determination may indicate a greater extent of jurisdictional wetlands and other waters that would be impacted by the action. The potential for increased impact to waters of the U.S. may affect the significance determination and thus warrant preparation of an environmental impact statement (EIS) instead of or at the conclusion of the environmental assessment. 

The Graphite Creek FIN submission contains various statements regarding the case of Sackett v. EPA, 598 U.S. 651 (2023).  Any permit review by USACE of any Graphite Creek activities described in the Graphite Creek FIN would occur in full compliance with applicable law and regulation (including Sackett v. EPA) at the time of USACE’s actual permit application review, which can only commence upon the receipt of a completed permit application by USACE. As such, USACE’s review of the FIN and preparation of the permitting timetable, which has been submitted and completed before the receipt of a completed permit application by USACE, cannot and does not constitute any agreement or disagreement by USACE with any of the statements regarding Sackett v. EPA in the Graphite Creek FIN.