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DEPARTMENT OF THE ARMY U.S.ARMY ENGINEER DISTRICT,SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO,CALIFORNIA 95814-2922 REPLYTO ATTENTION OF May 24, 2002 Regulatory Branch (200200323) 414Y7 ,9 O�rpEntpept Richard Kelly PMC Pacific Materials 6601 Koll Center Parkway Pleasanton, California 94566-3112 Dear Mr. Kelly: I am responding to the Application Referral from the San Joaquin County Community Development Department, Application Number QX-01-2, received in this office January 9, 2002, for the PMC Pacific Materials Quarry Excavation south of Tracy, San Joaquin and Stanislaus Counties, California. The Corps of Engineers' jurisdiction within the study area is under the authority of Section 404 of the Clean Water Act for the discharge of dredged or fill material into waters of the United States. Waters of the United States include, but are not limited to, rivers, perennial or intermittent streams, lakes, ponds, wetlands, vernal pools, marshes, wet meadows, and seeps. The Corps of Engineers also has jurisdiction under Section 10 of the Rivers and Harbors Act for any work in, over, or under, any Federally navigable waterway. Project features that result in the discharge of dredged or fill material into waters of the United States will require Department of the Army authorization prior to starting work. Any activity which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species may require consultation with the United States Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS). Any activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places must satisfy the requirements of the National Historic Preservation Act. The range of alternatives considered in an EIR should include alternatives that avoid impacts to wetlands or other waters of the United States. These avoided areas should also include upland buffers. Every effort should be made to avoid project features which require the discharge of dredged or fill material into waters of the United States. In the event it can be clearly demonstrated there are no practicable alternatives to filling waters of the United States, mitigation plans should be developed to compensate for the unavoidable losses resulting from project implementation.