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4' DEPARTMENT OF THE ARMY ;- U.S.ARMY ENGINEER DISTRICT,SACRAMENTO EIVM CORPS OF ENGINEERS OCT 0 5 2009 1325 J STREET SACRAMENTO CA 95614-2922 miry DWnt Dept. REPLY ATTENrO September 17, 2009 7TEN710N OF ' Regulatory Division SPK-2009-01215 Ms. Mo Hatef San Joaquin County Community Development Department Development Services Division Stockton, California 95205 Dear Ms. Hatef: We are responding to your August 28, 2009, request for comments on the Alder Avenue Subdivision project. The project is located on or near Section 24, Township 2 S, Range 5 E, Latitude 37.7871995824848°, Longitude -121.3533496856690, Tracy, San Joaquin County, California. Your identification number is PA-0900196 (MS). 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. 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. If waters of the United States.are going to be impacted, cultural resource sites within the defined federal permit area will need to be evaluated according to the standards of the National } Environmental Policy Act. All eligible or potentially eligible cultural resource sites to the National Register of Historic Places within the permit area will be subject to Section 106 of the National Historic Preservation Act, 1966, as amended. The Corps of Engineers must also comply with the terms and conditions of the Federal Endangered Species Act with regards to our permitting process. You may need to supply a recent biological assessment of the project site for us to comply with the federal Endangered Species Act. To ascertain the extent of waters on the project site, the applicant should prepare a wetland delineation, in accordance with the "Minimum Standards for Acceptance of Preliminary Wetland Delineations",under "Jurisdiction" on our website at the address below, and.submit it to this office for verification. A list of consultants that prepare wetland delineations and permit application documents is also available on our website at the same location. The range of alternatives considered for this project should include alternatives that avoid impacts to wetlands or other waters of the United States. 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 i