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-2- <br /> <br /> <br /> <br /> <br />You are advised that the preliminary jurisdictional determination may not be <br />appealed through the U.S. Army Corps of Engineers' Administrative Appeal Process, as <br />described in 33 C.F.R. pt. 331 (65 Fed. Reg. 16,486; Mar. 28, 2000). Under the <br />provisions of 33 C.F.R Section 331.5(b)(9), non-appealable actions include preliminary <br />jurisdictional determinations since they are considered to be only advisory in nature and <br />make no definitive conclusions on the jurisdictional status of the water bodies in <br />question. However, you may request this office to provide an approved jurisdictional <br />determination that precisely identifies the scope of jurisdictional waters on the site; an <br />approved jurisdictional determination may be appealed through the Administrative <br />Appeal Process. If you anticipate requesting an approved jurisdictional determination at <br />some future date, you are advised not to engage in any on-site grading or other <br />construction activity in the interim to avoid potential violations and penalties under <br />Section 404 of the Clean Water Act. Finally, you may provide this office new information <br />for further consideration and request a reevaluation of this preliminary jurisdictional <br />determination. <br />You may refer any questions on this matter to Jennifer Stabile at 415-503-6783 or by <br />e-mail at Jennifer.L.Stabile@usace.army.mil. All correspondence should be addressed <br />to the Regulatory Division, South Branch, referencing the file number at the head of this <br />letter. The San Francisco District is committed to improving service to our customers. <br />The Regulatory staff seeks to achieve the goals of the Regulatory Program in an <br />efficient and cooperative manner while preserving and protecting our nation's aquatic <br />resources. If you would like to provide comments on our Regulatory Program, please <br />complete the Customer Service Survey Form available on our website: <br />https://www.spn.usace.army.mil/Missions/Regulatory.aspx. <br />Sincerely, <br /> <br /> <br /> <br /> <br />Katerina Galacatos, Ph.D. <br />Chief South Branch, Regulatory Division <br />Enclosure <br /> <br />cc (w/ encl): <br />Live Oak Associates Inc. (Attn. Rick Hopkins, rhopkins@loainc.com; Arren Mendezona, <br />aallegretti@loainc.com) <br />San Francisco Regional Water Quality Control Board (Attn. Brian Wines, <br />brian.wines@waterboards.ca.gov; rb2-401Application@waterboards.ca.gov) <br /> <br /> <br />Digitally signed by Katerina <br />Galacatos <br />Date: 2024.08.15 09:36:20 -07'00' <br />::r7/2~'.7Y