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4/7/20 (P:\TER2001\Delineation\San Leandro Treatment Wetland JD Revised 4‐7‐20.doc) 5 Other Observations The 4.3‐acre treatment basin at the WPCP was constructed in 1972 and is lined with an impermeable clay. Since the mid‐1970s, the plant has discharged through the EBDA common outfall and the basin has been maintained for emergency storage. The basin is identified as a component of the waste treatment system for the WPCP within EBDA’s National Pollutant Discharge Elimination System (NPDES) permit, which establishes compliance requirements under the federal Clean Water Act and state water quality regulations. The treatment pond has been continually maintained to the present time. As such, the storage basin qualifies as an exempt feature under the Clean Water Act. No other potential jurisdictional features were identified on the Project Study Site. CONCLUSIONS Potential Clean Water Act Section 404 jurisdictional features and potential Rivers and Harbors Act Section 10 jurisdictional features identified on the Project Study Site are as follows:  Wetlands above the MHW elevation with a potential jurisdictional area of approximately 0.13 acre;  Wetlands below the MHW elevation with a potential jurisdictional area of approximately 0.03 acre;  Other Waters of the United States within the mud flats of the tidal slough between the MHW elevation and the high tide line (HTL) with a potential jurisdictional area of approximately 0.09 acre; and  Other Waters of the United States within mud flats below the MHW elevation with a potential jurisdictional area of approximately 2.17 acres. Therefore, the total extent of potential jurisdictional waters of the United States in the Project Study Site is approximately 2.42 acres, consisting of 0.16 acre of wetlands and 2.26 acres of Other Waters. Potential jurisdictional features and project site boundaries are mapped on Figure 3, which is attached. The findings and conclusions presented in this report, including the location and extent of other waters subject to regulatory jurisdiction, represent the professional opinion of LSA. These findings and conclusions should be considered preliminary until verified by the Corps.