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DEPARTMENT OF THE ARMY I U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT Y 1325 J STREET • ° r SACRAMENTO CA 95814-2922 - October 18, 2019 Regulatory Division (SPK -2016-00037) San Joaquin Area Flood Control Agency Attn: Mr. Chris Elias 22 East Weber Avenue Stockton, California 95202 Chris. EliaspStocktonca. gov Dear Mr. Elias: We are responding to your September 23, 2019, pre -construction notification for a Department of the Army Nationwide permit for the Smith Canal Gate Test Pile Program (Project). The project site is located on the San Joaquin River at Latitude 37.958141 °, Longitude -121.349230°, in the City of Stockton, San Joaquin County, California. Based on the information you provided to this office, the test pile program involves work in navigable waters of the U.S. The purpose and objectives of the test pile program would be to ascertain site-specific subsurface conditions and responses that verify that piles could be installed to minimum tip elevation with the hammers selected, evaluate need for any driving aids, ensure that in -water work is limited to two in -water work windows, and to evaluate peak and cumulative sound exposure levels (SELs) during pile driving operations with and without a bubble curtain. This work is subject to Section 10 of the Rivers and Harbors Act. The proposed activities would be conducted in accordance with the August 2019 drawing, labeled Figure 2 — Proposed Exploration and Sheet Pile Test Locations, and the September 19, 2019, Preconstruction Notification submittal. We have determined that activities in waters of the U.S. associated with the project are authorized by Nationwide Permit Number (NWP) 6 — Survey Activities. You must comply with all terms and conditions of the NWP and applicable regional conditions. Enclosed is information about the NWP terms and conditions and Sacramento District regional conditions for California, excluding the Lake Tahoe Basin (Enclosure 1). In addition, your work must comply with the following special conditions: 1. This Corps permit does not authorize you to take an endangered species, in particular the Federally -listed Delta smelt (Hypomesus transpacificus), Central Valley spring -run Chinook salmon (Oncorhynchus tshawytscha), Central Valley steelhead (Oncorhynchus mykiss) and green sturgeon (Acipenser medirostris), and critical habitat for Delta smelt, Central Valley steelhead and green sturgeon. In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a Biological Opinion (BO) under ESA Section 7, with "incidental take" provisions with which you must comply). The enclosed U.S. Fish and Wildlife Service (USFWS) BO (08ESMF00-2015- 2019-00226, dated August 19, 2019), and National Marine Fisheries Service (NMFS) BO (WCRO-2015-3809, dated October 18, 2019), contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that is also specified in the BO(s). Your authorization under this Corps permit is conditional upon your compliance with all of the mandatory terms and conditions associated with "incidental take"