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HomeMy WebLinkAboutJurisdictional Determination - SAW-2023-00401Page 1 of 2 Form Version 10 June 2020_updated Electronically Transmitted U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2023-00401 County: New Hanover U.S.G.S. Quad: NC-Castle Hayne NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Address: E-mail: Archaea Energy Inc. Eric Addessi 201 Helios Way, Floor 6 Houston, TX eaddessi@archaea.energy Size (acres) 9.45 Nearest Town Wilmington Nearest Waterway Northeast Cape Fear River River Basin Cape Fear USGS HUC 03030007 Coordinates Latitude:34.320674 Longitude: -77.991058 Location description: The property is located at 5124 and 5210 N. US Hwy 421 in northern New Hanover County. Indicate Which of the Following Apply: A.PreliminaryDetermination ܆ There appear to be WATERS on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The WATERS have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ܆ There appear to be WATERS on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the WATERS have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the WATERS at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the WATERS on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ܆ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ܆ There are WATERSon the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ܆We recommend you have the WATERS on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2023-00401 ܆The WATERS on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ܆The WATERS have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ܈ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ܆ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Brad Shaver at 910-251-4611 or brad.e.shaver@usace.army.mil. C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination form dated 02/28/2024. D. Remarks: The site was field verified on 2/28/2024. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: Administrative Appeal Review Officer Attn: Krista Sabin US Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 krista.d.sabin@usace.army.mil (904) 314-9631 SAW-2023-00401 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 04/28/2024. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: ______________________________________________________ Date of JD: 02/28/2024 Expiration Date of JD: 02/26/2029 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.army.mil/customer-service-survey/. Copy Furnished(electronic): Civil & Env. Consultants attn: Laura Vrabel NHC attn: Chris Coudriet Brad Shaver Digitally signed by Brad Shaver Date: 2024.02.28 13:55:09 -05'00' NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Archaea Energy Inc., Eris Addessi File Number: SAW-2023-00401 Date: 02/28/2024 Attached is: See Section below տ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A տ PROFFERED PERMIT (Standard Permit or Letter of permission) B տ PERMIT DENIAL WITHOUT PREJUDICE C ܆ PERMIT DENIAL WITH PREJUDICE D ܈ APPROVED JURISDICTIONAL DETERMINATION E ܆ PRELIMINARY JURISDICTIONAL DETERMINATION F SECTION I The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at https://www.usace.army.mil/Missions/Civil-Works/Regulatory- Program-and-Permits/appeals/ or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. x OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. x APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable You received a permit denial without prejudice because a required Federal, state, and/or local authorization and/or certification has been denied for activities which also require a Department of the Army permit before final action has been taken on the Army permit application. The permit denial without prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a previously denied authorization and/or certification. D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information for reconsideration x ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety and waive all rights to appeal the approved JD. x APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. x RECONSIDERATION: You may request that the district engineer reconsider the approved JD by submitting new information or data to the district engineer within 60 days of the date of this notice. The district will determine whether the information submitted qualifies as new information or data that justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You may submit a request for appeal to the division engineer to preserve your appeal rights while the district is determining whether the submitted information qualifies for a reconsideration. F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision you may contact: District Engineer, Wilmington Regulatory Division Attn: Brad Shaver Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 If you have questions regarding the appeal process, or to submit your request for appeal, you may contact: Administrative Appeal Review Officer Attn: Krista Sabin US Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 krista.d.sabin@usace.army.mil (904) 314-9631 SECTION II – REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation and will have the opportunity to participate in all site investigations. _______________________________ Signature of appellant or agent. Date: Email address of appellant and/or agent: Telephone number: DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT 69 DARLING AVENUE WILMINGTON, NORTH CAROLINA 28403 [CESAW-RG-L] [28 February 2024] MEMORANDUM FOR RECORD SUBJECT: US Army Corps of Engineers (Corps) Approved Jurisdictional Determination in accordance with the “Revised Definition of ‘Waters of the United States’”; (88 FR 3004 (January 18, 2023) as amended by the “Revised Definition of ‘Waters of the United States’; Conforming” (8 September 2023) ,1 [SAW-2024-00401] [MFR 1 of 1]2 BACKGROUND. An Approved Jurisdictional Determination (AJD) is a Corps document stating the presence or absence of waters of the United States on a parcel or a written statement and map identifying the limits of waters of the United States on a parcel. AJDs are clearly designated appealable actions and will include a basis of JD with the document.3 AJDs are case-specific and are typically made in response to a request. AJDs are valid for a period of five years unless new information warrants revision of the determination before the expiration date or a District Engineer has identified, after public notice and comment, that specific geographic areas with rapidly changing environmental conditions merit re-verification on a more frequent basis.4 On January 18, 2023, the Environmental Protection Agency (EPA) and the Department of the Army (“the agencies”) published the “Revised Definition of ‘Waters of the United States,’” 88 FR 3004 (January 18, 2023) (“2023 Rule”). On September 8, 2023, the agencies published the “Revised Definition of ‘Waters of the United States’; Conforming”, which amended the 2023 Rule to conform to the 2023 Supreme Court decision in Sackett v. EPA, 598 U.S., 143 S. Ct. 1322 (2023) (“Sackett”). This Memorandum for Record (MFR) constitutes the basis of jurisdiction for a Corps AJD as defined in 33 CFR §331.2. For the purposes of this AJD, we have relied on Section 10 of the Rivers and Harbors Act of 1899 (RHA),5 the 2023 Rule as amended, 1 While the Revised Definition of “Waters of the United States”; Conforming had no effect on some categories of waters covered under the CWA, and no effect on any waters covered under RHA, all categories are included in this Memorandum for Record for efficiency. 2 When documenting aquatic resources within the review area that are jurisdictional under the Clean Water Act (CWA), use an additional MFR and group the aquatic resources on each MFR based on the TNW, the territorial seas, or interstate water that they are connected to. Be sure to provide an identifier to indicate when there are multiple MFRs associated with a single AJD request (i.e., number them 1, 2, 3, etc.). 3 33 CFR 331.2. 4 Regulatory Guidance Letter 05-02. 5 USACE has authority under both Section 9 and Section 10 of the Rivers and Harbors Act of 1899 but for convenience, in this MFR, jurisdiction under RHA will be referred to as Section 10. [CESAW-RG-L] SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2024-00401] 2 as well as other applicable guidance, relevant case law, and longstanding practice in evaluating jurisdiction. 1. SUMMARY OF CONCLUSIONS. a. The review area is comprised entirely of dry land (i.e., there are no waters such as streams, rivers, wetlands, lakes, ponds, tidal waters, ditches, and the like in the entire review area and there are no areas that have previously been determined to be jurisdictional under the Rivers and Harbors Act of 1899 in the review area). Based on a review of desktop data resources listed in Section 9 of this memorandum and a field visit conducted on 2/28/2024, there are no aquatic resources on the identified project site that exhibit an Ordinary High Water Mark or the Three (3) wetland criteria listed in the 1987 Corps of Engineers Wetland Delineation Manual or any of the applicable regional supplements. The project site consists of only dry land. 2. REFERENCES. a. “Revised Definition of ‘Waters of the United States,’” 88 FR 3004 (January 18, 2023) (“2023 Rule”) b. “Revised Definition of ‘Waters of the United States’; Conforming” 88 FR 61964 (September 8, 2023)) c. Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) 3. REVIEW AREA. A. Project Are Size (in acres): 9.45 B. Center Coordinates of the Project Site (in decimal degrees) Latitude: 34.320674 Longitude: -77.991058 C. Nearest City or Town: Wilmington D. County: New Hanover E. State: North Carolina F. Other associated Jurisdictional Determinations (including outcomes): N/A G. Any additional, relevant site-specific information: N/A [CESAW-RG-L] SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2024-00401] 3 4. NEAREST TRADITIONAL NAVIGABLE WATER (TNW), THE TERRITORIAL SEAS, OR INTERSTATE WATER TO WHICH THE AQUATIC RESOURCE IS CONNECTED A. Name of nearest downstream TNW, Territorial Sea or interstate water: The NE Cape Fear River is located 5,128 feet east and the Cape Fear River is located 4,425 feet west, both are traditionally navigable waters of the US. B. Determination based on: This determination was made based on a review of desktop data resources listed in Section 9 of this memorandum and a field visit conducted on 2/28/2024, and a review of the SAW Section 10 list. 5. FLOWPATH FROM THE SUBJECT AQUATIC RESOURCES TO A TNW, THE TERRITORIAL SEAS, OR INTERSTATE WATER This property does not and has not historically flowed toward either previously mentioned TNW. 6. SECTION 10 JURISDICTIONAL WATERS6: Describe aquatic resources or other features within the review area determined to be jurisdictional in accordance with Section 10 of the Rivers and Harbors Act of 1899. Include the size of each aquatic resource or other feature within the review area and how it was determined to be jurisdictional in accordance with Section 10.7 [N/A] 7. SECTION 404 JURISDICTIONAL WATERS: Describe the aquatic resources within the review area that were found to meet the definition of waters of the United States in accordance with the 2023 Rule as amended, consistent with the Supreme Court’s decision in Sackett. List each aquatic resource separately, by name, consistent with the naming convention used in section 1, above. Include a rationale for each aquatic resource, supporting that the aquatic resource meets the relevant category of “waters of the United States” in the 2023 Rule as amended. The rationale should also include a written description of, or reference to a map in the administrative record that shows, the lateral limits of jurisdiction for each aquatic resource, including how that limit was determined, and incorporate relevant references used. 6 33 CFR 329.9(a) A waterbody which was navigable in its natural or improved state, or which was susceptible of reasonable improvement (as discussed in § 329.8(b) of this part) retains its character as “navigable in law” even though it is not presently used for commerce, or is presently incapable of such use because of changed conditions or the presence of obstructions. 7 This MFR is not to be used to make a report of findings to support a determination that the water is a navigable water of the United States. The district must follow the procedures outlined in 33 CFR part 329.14 to make a determination that water is a navigable water of the United States subject to Section 10 of the RHA. [CESAW-RG-L] SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2024-00401] 4 Include the size of each aquatic resource in acres or linear feet and attach and reference related figures as needed. a. Traditional Navigable Waters (TNWs) (a)(1)(i): [N/A.] b. The Territorial Seas (a)(1)(ii): [N/A.] c. Interstate Waters (a)(1)(iii): [N/A.] d. Impoundments (a)(2): [N/A.] e. Tributaries (a)(3): [N/A.] f. Adjacent Wetlands (a)(4): [N/A] g. Additional Waters (a)(5): [N/A] 8. NON-JURISDICTIONAL AQUATIC RESOURCES AND FEATURES a. Describe aquatic resources and other features within the review area identified in the 2023 Rule as amended as not “waters of the United States” even where they otherwise meet the terms of paragraphs (a)(2) through (5). Include the type of excluded aquatic resource or feature, the size of the aquatic resource or feature within the review area and describe how it was determined to meet one of the exclusions listed in 33 CFR 328.3(b).8 [N/A.] b. Describe aquatic resources and features within the review area that were determined to be non-jurisdictional because they do not meet one or more categories of waters of the United States under the 2023 Rule as amended (e.g., tributaries that are non-relatively permanent waters; non-tidal wetlands that do not have a continuous surface connection to a jurisdictional water). [N/A.] 9. DATA SOURCES. List sources of data/information used in making determination. Include titles and dates of sources used and ensure that information referenced is available in the administrative record. a. 1. Date of Office (desktop review): 2/28/2024 2. Date(s) of Field Review (if applicable): 2/28/2024 8 88 FR 3004 (January 18, 2023) [CESAW-RG-L] SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2024-00401] 5 b. Data sources used to support this determination (included in the administrative record). ☒ Aquatic Resources delineation submitted by, or on behalf of, the requestor: Title and Date Waters Delineation Report by CEC dated December 2023 ☐ Aquatic Resources delineation prepared by the USACE: Title and Date ☐ Wetland field data sheets prepared by the Corps: Title and Date ☐ OHWM data sheets prepared by the USACE: Title and Date ☐ Previous JDs (AJD or PJD) addressing the same (or portions of the same) review area: ORM Numbers and Dates ☒ Photographs: Source, Title, and Dates on site photos from CEC ☒ Aerial Imagery: Sources, Title, and Dates ☐ LIDAR: Sources, Title, and Dates ☒ USDA NRCS Soil Survey: Title and Dates ☐ USFWS NWI maps: Title and Dates ☒ USGS topographic maps: Title and Dates ☐ USGS NHD data/maps: Title and Dates ☐ Section 10 resources used: Title and Dates ☐ NCDWR stream identification forms ☐ North Carolina Stream Assessment Method (NCSAM) forms ☐ North Carolina Wetland Assessment Method (NCWAM) forms ☐ Antecedent Precipitation Tool Analysis: List Date(s) ☐ Other sources of Information: List 10. OTHER SUPPORTING INFORMATION. [N/A.] 11. NOTE: The structure and format of this MFR were developed in coordination with the EPA and Department of the Army. The MFR’s structure and format may be subject to future modification or may be rescinded as needed to implement additional guidance from the agencies; however, the approved jurisdictional determination described herein is a final agency action. P:\330-000\336-406\-GIS\Maps\EC01_NewHanover_Delineation\336406_EC01_NewHanover_Delineation.aprx 12/1/2023 9:39 AM (kastroth) *Hand Signature on file 3000 Little Hills Expressway · Suite 102 · St. Charles, MO 63301 (314) 656-4566 · (866) 250-3679 · fax: (314) 656-4595 www.cecinc.com FIGURE NO: PROJECT NO: APPROVED BY:CHECKED BY:DRAWN BY: 12/1/2023DATE:SCALE:1''=175' LAV*LAVALC 336-406 4 NEW HANOVER RENEWABLE NATURAL GAS FACILITY WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA WATERS DELINEATION MAP #* 7 6 5 4 3 2 1 SP-1 LEGEND AREA OF INTEREST #*SAMPLE POINT PHOTO LOCATION 0 175 350 SCALE IN FEET NORTH !a REFERENCE AND NOTES 1.ESRI WORLD IMAGERY / ARCGIS MAP SERVICE: http://goto.arcgisonline.com/maps/World_Imagery, ACCESSED 12/1/2023