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' , F f DEPARTMENT QFTHE ARMY ` U.S.ARMY ENGINEER DISTRICT,SACRAMENTO • CORPS OF ENGINEERS 1325 J STREET REPLYTO SACRAMENTO,CALIFORNIA 95814-2922 ATTENTION OF January 17, 2002 �rr.�1\lin Regulatory Branch (200000041) �p� 2 3 24Q2 n�mum�y uevetapmen��G ` i s Jim Van Buren San Joaquin County Community Development Department 1810 East Hazelton Avenue Stockton, California 95205 Dear Mr. Van Buren: This letter concerns the delineation of waters of the United States, including wetlands, dated September 4, 2001, for the Lockeford Oaks Project submitted to this office for verification on behalf of Ernest Pestana. This site is located in Section 31, Township 4 North, Range 8 East, MDBM, San Joaquin County, California_ f Based on a site inspection conducted by Mr. Paul Maniccia of this office on December Y f 4, 2001, we concur that there are no areas present on site that meet all three Army Corps of Engineers' wetland criteria,na, as depicted on Lockford Oaks Tract No. 2493 map submitted on September 4, 2001. Bear Creek is directly adjacent to the Lockford Oaks Project site. If any work related to the Lockford Oaks project (i.e. outfall structures) causes the discharge of fill material below the ordinary high water mark of Bear Creek, a Department of the Army permit will be required. Under Section 404 of the Clean Water Act, a Department of the Army (DA) permit is required prior to discharging dredged or fill materials into waters of the United States. The type of permit required will depend on a number of factors, including the type and amount of waters affected by the discharge. For more information on how to obtain a DA permit from our office, please visit our website at http://www.s-ok.usace.an-nv.mil/cesok-co/reizulatorv/. This verification is valid for five years from the date of this letter unless new information warrants revision of the determination before the expiration date. A notice of appeal options is enclosed.