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• • • Draft Supplemental Environmental Impact Report Page IV.17-17 Forward Inc.Landfill 2018 Expansion Project • • study area as it is developed as a landfill. Therefore, these species are not further discussed in • this section. • Western Pond Turtle • • Western pond turtle (Actinemys marmorata) is a California Species of Special Concern. It is the only fresh-water turtle native to greater California. Its range includes much of the west coast of • the United States, from the Puget Sound in Washington south to the Baja Peninsula, Mexico. • • Based on the CNDDB (2018), the closest documented occurrence of the species is approximately • 14 miles west of the project site. However, habitat for this species is present in the region and it is likely this species is present within some of the riparian and freshwater marsh habitats within • the watershed surrounding the study area. • • It is unlikely that pond turtles occur within the study area due to the very low water flows • during most of the year within the South Branch of the South Fork of Littlejohn's Creek. • Bats Various bat species are known from the project region (see Table IV.H-1). It is unlikely that bats roost in the study area given the absence of trees or unused buildings,but bats likely forage • over the onsite creeks. • • Regulatory Overview • Federal • • U.S. Army Corps of Engineers • Section 404 of the Clean Water Act of 1972. Section 404 of the Clean Water Act (CWA)13 regulates • activities that result in the discharge of dredged or fill material into waters of the U.S., including • wetlands. Section 10 of the Rivers and Harbors Act authorizes the USACE to regulate dredging, • filling, and construction activities in navigable waters (see below). The primary intent of the CWA is to authorize the USEPA to regulate water quality through the restriction of pollution • discharges. The USACE has the principal authority to regulate discharges of dredged or fill • material into waters of the U.S. However, the USEPA has oversight authority over the USACE • and retains veto power over the USACE's decision to issue permits. Waters of the U.S. include: • • All waters that are currently used, or were used in the past, or may be susceptible to use in • interstate or foreign commerce, including all waters that are subject to the ebb and flow of • tide; • • All interstate waters, including interstate wetlands; • • All other waters, such as interstate lakes, rivers, streams (including intermittent streams), • mudflats, sandflats, wetlands, sloughs, prairie potholes,vernal pools, wet meadows,playa • 13 33 U.S.C. 1344 • • • •