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4/19/2024 9:24:00 AM
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4/19/2024 9:10:55 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/2/2024
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Reso 2024-029 MND for WPCP Treatment Wetland and Shoreline Resilience Project
(Amended)
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\City Clerk\City Council\Resolutions\2024
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<br />4/7/20 (P:\TER2001\Delineation\San Leandro Treatment Wetland JD Revised 4‐7‐20.doc) 4 <br />days in the region of the study site) in a year of median rainfall. In most cases, this criterion can only <br />be measured directly by monitoring the site through an entire wet season. <br />Rivers and Harbors Act Jurisdiction <br />The Corps administers Section 10 of the Rivers and Harbors Act, which prohibits "the unauthorized <br />obstruction or alteration of any navigable water of the United States.” Obstruction or alteration <br />includes construction either in or over a navigable water, excavation or deposition of material, or <br />any other work affecting the course, location, condition, or capacity of such waters. <br />Section 10 jurisdiction extends shoreward to the line of Mean High Water (MHW) and includes areas <br />behind dikes that are below the MHW line. Areas that have been filled to elevations above MHW <br />are not subject to Section 10 jurisdiction, provided that the filling was carried out under a Corps <br />permit. <br />FIELD METHODS <br />LSA certified wetland delineator and senior biologist Bernhard Warzecha investigated the site on <br />February 6, 2020, during times of low tide. <br />The high tide line was mapped using a global positioning system (GPS) receiver with sub‐meter <br />accuracy capabilities. The high tide line is the line of intersection of the land with the water’s surface <br />at the maximum height reached by a rising tide. The high tide line was determined by a line of scum, <br />fine shell, and debris deposited in the rip‐rap, and other physical markings and characteristics, <br />including vegetation lines, and interpretation of aerial photography. <br />RESULTS <br />CWA Jurisdiction (Section 404) <br />LSA observed and GPS‐mapped a continuous high tide line along the slough levee, defining the <br />potential upper limit of jurisdictional Other Waters of the United States. Portions of the area below <br />the high tide line support sufficient hydrophytic vegetation cover to meet jurisdictional wetland <br />criteria and are mapped separately from the Other Waters. The potential area of jurisdictional Other <br />Waters within the Project Study Site is approximately 0.09 acre, and the potential area of <br />jurisdictional wetland within the Project Study Site is approximately 0.13 acre. These potential <br />jurisdictional features are mapped on Figure 3, attached. <br />Rivers and Harbors Act Jurisdiction (Section 10) <br />Rivers and Harbors Act Section 10 jurisdiction applies to all areas below the elevation of MHW. <br />Based on the Alameda NOAA tide gauge, the elevation of MHW is 5.98 feet above mean lower‐low <br />water, which is equivalent to 5.75 feet in the NAVD88 datum. This elevation approximately <br />corresponds to the upper limits of the unvegetated mud flats of the tidal slough, as shown on <br />Figure 3. The potential limit of Section 10 jurisdiction within the Project Study Site is approximately <br />2.2 acres and is mapped on Figure 3.
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