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- 2 - The enclosed delineation map titled “SPN-2019-00407S, City of San Leandro Water Pollution Control Plant, Alameda County, California,” in one sheet, date certified December 2, 2020, accurately depicts the extent and location of wetlands, and other waters of the United States, and navigable waters of the United States within the boundary area of the site that are subject to U.S. Army Corps of Engineers' regulatory authority under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. This approved jurisdictional determination is based on the current conditions of the site, as verified during a field investigation of September 17, 2020, a review of available digital photographic imagery, and a review of other data included in your submittal. This approved jurisdictional determination will expire in five years from the date of this letter unless new information or a change in field conditions warrants a revision to the delineation map prior to the expiration date. Jurisdictional Section 10 waters within the boundary area of the site include the tidal waters of San Francisco Bay, extending shoreward to the plane of mean high water. Section 404 waters within the boundary area of the site include San Francisco Bay, extending shoreward to the high tide line, as well as tidal wetlands that are directly adjacent to San Francisco Bay. The high tide line is defined by a debris rack line along the shore. The lateral extent of the tidal wetland is defined by the presence of hydrophytic vegetation, hydric soils, and hydrology. The basis for this approved jurisdictional determination is further explained in the enclosed Approved Jurisdictional Determination Form. This approved jurisdictional determination is presumed to be consistent with the official interagency guidance of June 5, 2007, interpreting the Supreme Court decision Rapanos v. United States, 126 S. Ct. 2208 (2006). The enclosed delineation map further depicts the extent and location of elements of a waste water treatment system within the boundary area of the site that are not subject to U.S. Army Corps of Engineers' regulatory authority under Section 404 of the Clean Water Act, per 33 CFR Sec. 328(a). Waters of the United States do not generally include non-tidal drainage and irrigation ditches excavated on dry land; artificially irrigated areas which would revert to upland if the irrigation ceased; artificial lakes or ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing; artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons; and water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel, unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of a waters of the United States (51 Fed. Reg. 41,217; Nov. 13, 1986). Based on a case-by-case analysis, the U.S. Army Corps of Engineers may elect to not exert jurisdiction over these categories of water bodies. This delineated water body, however, may be considered as a "waters of the State" and, therefore, subject to regulation by the California Regional Water Quality Control Board, San Francisco Bay Region, under the Porter-Cologne Water Quality Control Act, as amended (California Water Code § 1300 et seq.).