Appendix C - Biological Resources Supporting Information COMBINED

APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): September 25, 2017 B. DISTRICT OFFICE: San Francisco District FILE NUMBER: 2015-003815 File Name: Lester-Shriner Property Waterbody Name: Davaney Creek and other unnnamed waters C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: California County/parish/borough: Alameda Co . City : Pleasanton Center coordinates of site: (lat/long (in degree decimal format): Lat: 37.69265 N Long: -121.95507 W Pi ck List (lat/long (in degree decimal formal): Lat: Pick Long: Pick Pick List (lat/long (in degree decimal format): Lat: Pick Long: Pick Universal Transverse Mercator: Name of nearest waterbody : San Francisco Bay Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: San Francisco Bay Name of watershed or Hydrologic Unit Code (HUC): 1:8] Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request D Check if other sites ( e .g., offsite mitigation sites, disposal sites, etc) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): D Office (Desk) Determination. Date: 1:8] Field Determination. Date(s): June 14, 2016 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required]. D Waters subject to the ebb and flow of the tide . D Waters are presently used , or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S: a. Indicate presence of waters of U.S. in review area (check all that apply): 1 D TNWs, including territorial seas D Wetlands adjacent to TNWs 1:8] Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs 1:8] Non-RPWs that flow directly or indirectly into TNWs D Wetlands directly abutting RPWs that flow directly or indirectly into TNWs D Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs D Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs D Impoundments of jurisdictional waters D Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area Non-wetland waters: 6137 linear feet: width (ft) and/or acres. (other comments: Wetlands: acres . (other comments: ) c. Limits (boundaries) of jurisdiction based on: Established by OHWM Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 1:8] Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Three wetlands have been identified within the project area. All wetlands are considered to be isolated with no apparent connection to interstate or foreign commerce or other significant nexus. 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e .g., typically 3 months). 3 Supporting documentation is presented in Section Ill.F.