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DEPARTMENT OF THE ARMY SAN FRANCISCO DISTRICT, U.S. ARMY CORPS OF ENGINEERS 450 GOLDEN GATE AVENUE SAN FRANCISCO, CALIFORNIA 94102 December 16, 2020 Regulatory Division Subject: File Number 2019-00477S Mr. Ian Wren P.O. Box 31896 San Francisco, California 94131 ian@wrenws.com Dear Mr. Wren: This correspondence is in response to your submittal of June 19, 2020, on behalf of the City of San Leandro, Public Works Department, requesting an approved jurisdictional determination of the extent of waters of the United States occurring on an approximately 11.8-acre site, comprising the Water Pollution Control Plant, located at 3000 Davis Street, in the City of San Leandro, Alameda County, California (lat. 37.7145º, long. -122.1980º). All proposed discharges of dredged or fill material occurring below the plane of ordinary high water in non-tidal waters of the United States; or below the high tide line in tidal waters of the United States; or within the lateral extent of wetlands adjacent to these waters, typically require Department of the Army authorization and the issuance of a permit under Section 404 of the Clean Water Act of 1972, as amended (33 U.S.C. § 1344 et seq.). Waters of the United States generally include the territorial seas; all traditional navigable waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including waters subject to the ebb and flow of the tide; wetlands adjacent to traditional navigable waters; non-navigable tributaries of traditional navigable waters that are relatively permanent, where the tributaries typically flow year-round or have continuous flow at least seasonally; and wetlands directly abutting such tributaries. All proposed structures and work, including excavation, dredging, and discharges of dredged or fill material, occurring below the plane of mean high water in tidal waters of the United States; in former diked baylands currently below mean high water; outside the limits of mean high water but affecting the navigable capacity of tidal waters; or below the plane of ordinary high water in non-tidal waters designated as navigable waters of the United States, typically require Department of the Army authorization and the issuance of a permit under Section 10 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. § 403 et seq.). Navigable waters of the United States generally include all waters subject to the ebb and flow of the tide; and/or all waters presently used, or have been used in the past, or may be susceptible for future use to transport interstate or foreign commerce.