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~q DEPARTMENT OF THE ARMY ~~J~ SAN FRANCISCO DISTRICT, U.S. ARMY CARPS OF EiJGINEERS 333 MARKET STREi=T SAN FRANCISCD, CALiFQRNIA 94145-2197 Regulatory Branch (1145b) SUBJECT: File Number 400206 Nick Kavayiotidis Petra Realty Investors, Inc. 39201 State Street _ _ _ _ _ _ __ _ __ - - _ _ __-- Frcmont, California 94538 Dear Mr. Kavayiotidis: This letter is written in regard to your request dated November 7, 2006 concerning a Department of the Army authorization for plans to build a professional office building at 59$0 {APN 948-0017-008-04} and 5988 (APN 948-0004-002-02) Sunol Boulevard, Pleasanton CA, 94566. Remnant features on site are no longer tributary to waters of the U.S. as a result of creek diversion east of the project site. We have determined that there are no waters of the tJ.S. as defined by Section 404~of the CIean Water Act and no navigable waters of the U.S. as defined by Section 10 of the Rivers and Harbors Act of 1899 within the boundaries of the project site shown in the attached delineation map of your project. Therefore, a Deparnnent of the Army authorization will not be required to cozx~plcte the activity you are proposing. The determination that a permit is not required for your activity is based upon an on-site inspection of the project by our staff an December 4, 200b and our review of aerial photographs and_maps_.submitied on November_7, 2006. A ~hpnge in those_conditions may-also.-c ~*e-the._ extent of our jurisdiction. 'This determination will expire in five years from the date of this letter unless new information warrants revision of the deternnation 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 contplianee with the Federal Endangered Species Act (ESA) (16 U.S.C. Section 1S3I et seq.). liven though this activity is not prohibited by, or otherwise subject to regulation under Section 404, the lake of a threatened or endangered species as defined under the iJSA is not authori?ed. In the absence of a separate authorization from the U.S. fish and Wildlife Service, both 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.