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DEPARTMENT OF THE ARMY U. S. ARMY CORPS OF ENGINEERS, GALVESTON DISTRICT P. O. BOX 1229 GALVESTON, TEXAS 77553-1229 August 30, 2021 Compliance Branch SUBJECT:SWG-2018-00811 – Dutko Family Partnership, Ltd.; Approved Jurisdictional Determination (AJD), Approximate 107-Acre Site, Located in La Porte, HarrisCounty, Texas Tracy Watson Phase Engineering, Inc. 5524 Cornish Street Houston, Texas 77007 Dear Ms. Watson: This is in response to the November 5, 2018 request foran approved jurisdictional determination (AJD), on behalf of the Dutko Family Partnership, Ltd., for an approximate 107-acre site located southeast of the McCabe Road and Texas State Highway (SH) 146 intersection in La Porte, Harris County, Texas (map enclosed). Based on a review of the submitted information, detailed off-site data, the June 28, 2019 site visit, and current federal regulations we determined the approximate 107-acre site contains wetlands comprising approximately 27.1 acres, four (4) tributaries comprising approximately 2,038.7 linear feet, two (2) swales comprising approximately 616.7 linear feet, and one (1) approximate 1,392-foot-long upland man-made drainage ditch. Wetlands within the review area were identified using the Atlantic and Gulf Coastal Plain Region (Version 2.0) to the 1987 Corps of Engineers Wetland Delineation Manual which requires under normal circumstances, a predominance of hydrophytic vegetation, wetland soils, and sufficient hydrology at/or near the surface for adequate duration and frequency to support this aquatic ecosystem. The Corps of Engineers regulates the placement of structures and/or work performed in/or affecting navigable waters of the United States (U.S.) (i.e. bulkheads, piers, etc.) under Section 10 of the Rivers and Harbors Act of 1899. The Corps also regulates the discharge of dredged and/or fill material into waters of the U.S., including navigable waters, under Section 404 of the Clean Water Act. The wetlands are closed depressions that neither abut a paragraph (a)(1 – 3) water, nor are inundated by flooding from an (a)(1 – 3) water in a typical year, nor are physically separated from an (a)(1 – 3) water only by a natural berm, bank, dune, or similar natural feature, nor are physically separated from an (a)(1 – 3) water only by an artificial dike, barrier, or similar artificial structure. Therefore, the subject site wetlands meet the 33 CFR 328.3(b)(1) non- adjacent wetland exclusion. The subject site tributaries are currently or were historically characterized by ephemeral water flow resulting from precipitation, therefore, the tributaries meet the 33 CFR 328.3(b)(3) ephemeral feature exclusion. The subject site