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U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE 1 Map(s)/Figure(s) are attached to the AJD provided to the requestor. 2 If the navigable water is not subject to the ebb and flow of the tide or included on the District’s list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. 3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where independent upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD form. 4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so. Corps Districts may, in case-by-case instances, choose to identify some or all of these waters within the review area. 5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub-categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 1 of 3 Form Version 29 July 2020_updated I. ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination (AJD): ORM Number: SPN-2019-00477 Associated JDs: N/A or ORM numbers and identifiers (e.g. HQS-2020-00001-MSW-MITSITE) Review Area Location1: State/Territory: CA City: County/Parish/Borough: Alameda County Center Coordinates of Review Area: Latitude 37.714689 Longitude -122.197708 II. FINDINGS A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the corresponding sections/tables and summarize data sources. The review area is comprised entirely of dry land (i.e., there are no waters or water features, including wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale. There are “navigable waters of the United States” within Rivers and Harbors Act jurisdiction within the review area (complete table in section II.B). There are “waters of the United States” within Clean Water Act jurisdiction within the review area (complete appropriate tables in section II.C). There are waters or water features excluded from Clean Water Act jurisdiction within the review area (complete table in section II.D). B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2 § 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination 2019-00477- ow10 2.17 acres (a)(1) Water is also subject to Sections 9 or 10 of the Rivers and Harbors Act - RHA Tidal water is subject to the ebb and flow of the tide Waters below MHW (5.75 feet NAVD88) C. Clean Water Act Section 404 Territorial Seas and Traditional Navigable Waters ((a)(1) waters)3 (a)(1) Name (a)(1) Size (a)(1) Criteria Rationale for (a)(1) Determination 2019-00477-ow- non10 0.09 acres (a)(1) Territorial Seas Subtidal area above MHW and below HTL 2019-00477- ow10 2.17 acres (a)(1) Water is also subject to Sections 9 or 10 of the Rivers and Harbors Act - RHA Tidal water is subject to the ebb and flow of the tide Waters below MHW (5.75 feet NAVD88) Tributaries ((a)(2) waters): (a)(2) Name (a)(2) Size (a)(2) Criteria Rationale for (a)(2) Determination N/A N/A N/A N/A