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~q DEPARTMENT OF THE ARMY ~~If~ SAN FRANCISCQ DISTRICT, Us. ARMY CARPS 4F ENGINEERS _ 333 MARKET STREET ~~ ` SAN FRANCI5CD, CAl_iFQRNIA 94105-2197 Regulatory Branch (;1145b) SUBJECT: File Number 400206 Nick Kavayiotidis Petra Realty Investors, Inc. 39201 State Street _ _ _ _ ._ _.. Fremont, California 94538 Dear iVlr. Kavayiotidis: This letter is «nitten in regard to your request dated November 7, 2006 concerning a Department of the Arrny authorization for plans to build a professional office building at 5980 {APN 948-0017-008-04) and 5988 (APN 948-0004-002-02) Sunol Boulevard, Pleasanton Ct1, 94566. Remnant features on site are no longer tributary to waters of the U.S. as a result of creek diversion east of the projcct site. We have determined that there are no waters of the U.S. as defined by Section 404 of the Clean Water Act and no navigable waters of the U.S. as defined by Section 10 of the Rivers and Harbors Act of 1 R94 within the Boundaries of the project site shown in the attached delineation map of your project. Therefore, a Deparnment of the Army authorization will not be required to coznplcte the activity you are proposinD. The determination that a permit is not required far your activity is based upon an on-site; inspection of the project by our staff on December 4, 2006 and our review of aerial photographs and_maps_subt~aitted on-November_7, 2006. A change in.thase-conditioxRS.may-alsushaale-fhe__ _ _ extent of our jurisdiction. This determination will expire in five years from the date of this letter unless new information warrants revision of the determination before the expiration date. Also, a change to your project could also change this determination. This determination does not obviate the need to obtain other Federal, State or local approvals required by law, including compliance with the Federal Endangered Species Act (ESA) {16 U.S.C. Section 1531 et seq.). )even though this activity is not prohibited by, or otherwise subject to regulation under Section 404, the take of a threatened or endangered species as defined under the 1JSA is not authori?ed. In the absence ofa separate authorization from the U.S. fish and Wildlife Service, bath lethal and non-lethal takes of protected species are a violation of the ESA. Similarly, the appropriate State of California, Regional Water Quality Control Board may still regulate your proposed activity because of impacts to a "water of the State". Therefore, you should also contact appropriate Federal, State and local regulatory authorities to determine whether your activity may require other authorizations or permits.