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<br /> Werlwud Dehmaamr Report
<br /> Weber Nine Srwrhbarrk Seawll Prgecr
<br /> City ojSracktnn CA
<br /> (California Fish and Game Code Section 2080) or otherwise fully protected (as defined in
<br /> California Fish and Game Code Sections 3511, 4700, and 5050)
<br /> The DFG also regulates activities that may impact streambeds or other wetland areas
<br /> Division 2, Chapter 6, Section 1601 of the Fish and Game Code states that
<br /> 1 " general plans sufficient to indicate the nature of a project for construction by,or on the
<br /> behalf of, any governmental agency, state or local,and any public utility, of any project
<br /> ' which will divert, obstruct or change the natural flow or bed, channel or bank of any river,
<br /> stream, or lake designated by the department in which there is at any time an existing fish
<br /> or wildlife resource or from which these resources derive benefit,or will use material from
<br /> the streambeds designated by the department,shall be submitted to the department"
<br /> ' The DFG has stated that their jurisdiction is any wetland area that is within the 100-year
<br /> floodplain Completion of a Section 1601-03 Streambed Alteration Agreement with the DFG is
<br /> required before any work begins that will affect wetland areas within the 100-year floodplain
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<br /> 5 Wetlands and Other Jurisdictional Waters of the United States
<br /> ' The United States Army Corps of Engineers(Corps)and the United States Environmental
<br /> Protection Agency (U S EPA) regulate the discharge of dredge and fill material into"waters of
<br /> the United States" under Section 404 of the Clean Water Act
<br /> 1 The Corps jurisdiction over non-tidal"waters of the United States"extends to the`ordinary
<br /> high water mark provided the jurisdiction is not extended by the presence of wetlands" (33
<br /> CFR Part 328 Section 328 4) Waters of the United States are defined as
<br /> Ail waters which are currently used, or were used in the past, or may susceptible to use in
<br /> interstate or foreign commerce, including all waters which are subject to the ebb and flow
<br /> of the tide,all interstate waters including interstate wetlands,all other waters such as
<br /> intrastate lakes, rivers, streams(including intermittent streams),mudflats,sandflats,
<br /> wetlands, sloughs, praine potholes,wet meadows, playa lakes,or natural ponds,the use,
<br /> degradation or destruction of which would affect interstate or foreign commerce, including
<br /> ' such waters Which are or could be used by interstate or foreign travelers for recreational
<br /> or other purposes, or from which fish or shellfish are or could be taken and sold in
<br /> interstate or foreign commerce,or which are used or could be used for industrial
<br /> purposes by industries in interstate commerce,all impoundments of waters otherwise
<br /> ' defined as waters of the United States interstate commerce,tributaries of waters
<br /> identified in paragraphs 1-4 of this section,the territorial sea, and wetlands adjacent to
<br /> waters(40 CFR 230 3)
<br /> Wetlands are defined for regulatory purposes as"Those areas that are inundated or saturated
<br /> by surface or groundwater at a frequency and duration sufficient to support, and that under
<br /> normal circumstances do support, a prevalence of vegetation typically adapted for life in
<br /> saturated soil conditions" Wetlands generally include swamps, marshes, bogs, and similar
<br /> ' areas (33 CFR 328 3, 40 CFR 230 3)
<br /> The Corps will typically take jurisdiction over the portion of a project site that contains waters
<br /> ' of the United States and adjacent or isolated wetlands
<br /> 6 Other Special-Status Species Classifications
<br /> California species of special concern (CSC), species listed on California Native Plant Society
<br /> lists 1 B and 2 (Skinner and Pavlik, eds , 1994), and active raptor nests are included in this
<br /> classification
<br /> SEA-8104 DOC 9118197 Sycamore Environmental Consultants inc 12
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