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DEPARTMENT OF THE ARMY U.S.ARMY ENGINEER DISTRICT,SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO CA 95614-2922 REPLYTO ATTENnON OF July 27, 2010 _ Regulatory Division SPK-2009-01480 Mr. Dennis Bennett Post Office Box 1597 Lodi, California 95241 Dear Mr. Bennett: We are responding to your June 10, 2010 request for an approved jurisdictional determination for the Bennett House project. The approximately 13.12-acre site is located on the Mokelumne River, Section 28, Township 4 N,Range 6 E, Latitude 38.17455°, Longitude - 121.31738°, Acampo, San Joaquin County, California. Based on available information, we concur with the estimate of waters of the United States, as depicted on the June 10, 2010 Wetland Delineation Map prepared by Strange Resource Management. Approximately 0.13 acres of waters of the United States,including wetlands, are present within the survey area. These waters are regulated under Section 404 of the Clean Water Act since they are connected to the Mokelumne River, relatively permanent water that becomes traditionally navigable water at river mile 29. The 2.94-acre water identified as"Existing Lake" on the above drawing is man-made water constructed in uplands. As.such, this water is not currently regulated by the Corps of Engineers. This disclaimer of jurisdiction is only for Section 404 of the Federal Clean Water Act. Other Federal, State, and local laws may apply to your activities. In particular, you may need I authorization from the California State Water Resources Control Board andlor the U.S. Fish and t Wildlife Service. This verification is valid for five years from the date of this letter, unless new information warrants revision of the determination before the expiration date. This letter contains an determination, determination for our subject site. If you object to this determ , roved jurisdictional dete y 3 app � you may request an administrative appeal under Corps regulations at 33 CFR Part 331. A Notification of Appeal Process and Request for Appeal (RFA) form is enclosed. If you request to appeal this determination you must submit a completed RFA form to the South Pacific Division Office at the following address: Administrative Appeal Review Officer,Army Corps of Engineers, South Pacific Division, CESPD-PDS-O, 1455 Market Street, San Francisco, California 94103-1399, Telephone: 415-503-6574, FAX: 415-503-6646. In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR Part 331.5,and that it has been