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Regulatory Division <br />DEPARTMENT OF THE ARMY <br />SAN FRANCISCO DISTRICT, U.S. ARMY CORPS OF ENGINEERS <br />1455 MARKET STREET, 16TH FLOOR <br />SAN FRANCISCO, CALIFORNIA 94103-1398 <br />Subject: File Number 2015-00381S <br />Mr. Jeff Schroeder <br />Ponderosa Homes II, Inc. <br />6130 Stoneridge Mall Road, Suite 185 <br />Pleasanton,-CA 94588 <br />Dear Mr. Schroeder: <br />This correspondence is in response to your submittal of October 9, 2015, requesting an <br />approved jurisdictional determination of the extent of waters of the United States occurring on a <br />122.75-acre property in the City of Pleasanton, Alameda County, California. <br />All proposed discharges of dredged or fill material occurring below the plane of ordinary <br />high water in non-tidal waters of the United States; or below the high tide line in tidal waters of <br />the United States; and within the lateral extent of wetlands adjacent to these waters, typically <br />require Department of the Army authorization and the issuance of a permit under Section 404 of <br />the Clean Water Act of 1972, as amended (33 U.S.C. § 1344 et seq.). Waters of the United <br />States generally include the territorial seas; all traditional navigable waters which are currently <br />used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, <br />including waters subject to the ebb and flow of the tide; wetlands adjacent to traditional <br />navigable waters; non-navigable tributaries of traditional navigable waters that are relatively <br />permanent, where the tributaries typically flow year-round or have continuous flow at least <br />seasonally; and wetlands directly abutting such tributaries. Where a case-specific analysis <br />determines the existence of a "significant nexus" effect with a traditional navigable water, waters <br />of the United States may also include non-navigable tributaries that are not relatively permanent; <br />wetlands adjacent to non-navigable tributaries that are not relatively permanent; wetlands <br />adjacent to but not directly abutting a relatively permanent non-navigable tributary; and certain <br />ephemeral streams in the arid West. <br />The enclosed delineation map, entitled "Extent of U.S. Army Corps of Engineers' <br />Jurisdiction Pursuant to Section 404 Clean Water Act, Lester-Shriner Property, City of <br />Pleasanton, Alameda County, California," in one sheet date certified September 25, 2017, <br />accurately depicts the extent and location of wetlands within the boundary area of the site that <br />are not subject to U.S. Army Corps of Engineers' regulatory authority under Section 404 of the <br />Clean Water Act. These particular water bodies are considered to be isolated with no apparent <br />connection to interstate or foreign commerce. This approved jurisdictional determination is <br />based on the current conditions of the site, as verified during a field investigation of June 14, <br />2016, a review of available digital photographic imagery, and a review of other data included in