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LSA <br />Other Observations <br />The 4.3-acre treatment basin at the WPCP was constructed in 1972 and is lined with an <br />impermeable clay. Since the mid-1970s, the plant has discharged through the EBDA common outfall <br />and the basin has been maintained for emergency storage. The basin is identified as a component of <br />the waste treatment system for the WPCP within EBDA's National Pollutant Discharge Elimination <br />System (NPDES) permit, which establishes compliance requirements under the federal Clean Water <br />Act and state water quality regulations. The treatment pond has been continually maintained to the <br />present time. As such, the storage basin qualifies as an exempt feature under the Clean Water Act. <br />No other potential jurisdictional features were identified on the Project Study Site. <br />CONCLUSIONS <br />Potential Clean Water Act Section 404 jurisdictional features and potential Rivers and Harbors Act <br />Section 10 jurisdictional features identified on the Project Study Site are as follows: <br />• Wetlands above the MHW elevation with a potential jurisdictional area of approximately 0.13 <br />acre; <br />■ Wetlands below the MHW elevation with a potential jurisdictional area of approximately 0.03 <br />acre; <br />• Other Waters of the United States within the mud flats of the tidal slough between the MHW <br />elevation and the high tide line (HTL) with a potential jurisdictional area of approximately 0.09 <br />acre; and <br />■ Other Waters of the United States within mud flats below the MHW elevation with a potential <br />jurisdictional area of approximately 2.17 acres. <br />Therefore, the total extent of potential jurisdictional waters of the United States in the Project Study <br />Site is approximately 2.42 acres, consisting of 0.16 acre of wetlands and 2.26 acres of Other Waters. <br />Potential jurisdictional features and project site boundaries are mapped on Figure 3, which is <br />attached. <br />The findings and conclusions presented in this report, including the location and extent of other <br />waters subject to regulatory jurisdiction, represent the professional opinion of LSA. These findings <br />and conclusions should be considered preliminary until verified by the Corps. <br />4/7/20 (PATER2001\De11neation\San Leandro Treatment Wetland JD Revised 4-7-20.doc) 5 <br />