SU0004916 - Laserfiche WebLink

Home Browse Search

Several aquatic features are present in the College Park area that could be subject to USACE or DFG jurisdiction. Because a formal delineation of jurisdictional waters of the United States,including wetlands,within the College Park site has not been conducted and verified by USACE,it is uncertain which of these features USACE would consider under their jurisdiction. The perennial(Hernandez)drainage is anticipated to qualify for USACE jurisdiction. However,this drainage would not be adversely affected because it would be retained as a Resource Conservation Zone under the proposed project(Figure 3-613),and a strategy to prevent urban stormwater runoff from entering the Conservation Zone would be implemented(see Section 4.8,"Surface Water Quality"). The ponds appear to be hydrologically isolated features excavated in uplands and,therefore, are not expected to be �- subject to USACE or DFG jurisdiction. The irrigation canals could qualify as waters of the United States subject to USACE jurisdiction,under Section 404 of the CWA,if they are considered hydrologically connected to other jurisdictional waters of the United States;however,this is unlikely,given their origin and function. They could also be subj ect to DFG jurisdiction. The ephemeral drainages(College and Tuso)could qualify as waters of the United States if they are considered hydrologically connected or adjacent to other waters that are subject to USACE jurisdiction. The Delta College Center Draft EIR includes mitigation measures that would reduce impacts to the ephemeral(College)drainage to a less-than-significant level,but the Draft EIR assumes the irrigation canals are not jurisdictional and does not require a wetland delineation and verification by USACE to confirm such a determination. The MHMP does not specifically require a wetland delineation and verification by USACE to determine whether such features are under the jurisdiction of USACE or DFG. As a result,there is no established basis for determining whether waters of the United States would be affected by implementation of College Park,and it cannot be assured that all fill or alteration of waters of the United States would be identified and mitigated. Therefore,a significant impact could occur. Mitigation Measure 4.10-10: Biological Resources—Loss or Alteration of Jurisdictional Waters of the United States .. Impacts to waters of the United States are not currently mitigated by participation in the SJMSCP. Therefore,the College Park developers shall implement the following measures: Before implementation of any Tentative Map or development project(if no Tentative Map)under the College Park project,a formal Section 404 delineation of waters of the United States,including wetlands, shall be conducted by a qualified biologist in the Tentative Map or development project area if the area includes features that are potentially subject to USACE jurisdiction(ponds,irrigation canals,and drainages). The delineation shall be submitted to USACE for verification. If,based on the verified delineation,it is determined that fill of waters of the United States would result from the Tentative Map or development project,authorization for such fill shall be secured from USACE via the Section 404 permitting process before implementation of the Tentative Map or development project. A DFG Streambed Alteration Agreement and 401 Water Quality Certification may also be required for fill of the irrigation canals and the ephemeral(College)drainage. DFG shall be consulted to determine if a Streambed Alteration Agreement is required. If USACE does not take jurisdiction over the irrigation canals or drainages,the RWQCB shall be consulted to determine if a 401 Water Quality Certification is required. The acreage of waters of the United States that would be removed shall be replaced or restored/enhanced by the developers on a"no-net-loss"basis in accordance with USACE and DFG regulations. Habitat restoration, enhancement,or replacement shall be at a location and by methods agreeable to USACE and DFG,as determined during the CWA Section 404 and California Fish and Game Code Section 1602 permitting processes. Implementation of the above mitigation measure would reduce impacts associated with loss or alteration of jurisdictional waters of the United States to a less-than-significant level. College Park at Mountain House Specific Plan III Draft EIR EDAW San Joaquin County 4.10-41 Biological Resources