SU0004094 - Laserfiche WebLink

Home Browse Search

4. ENVIRONMENTAL ANALYSIS 4.9 BIOLOGICAL RESOURCES - communities in the CNDDB. Scalebroom scrub is a sensitive natural community,elements of which occur within the Proposed Project area. WETLANDS AND OTHER WATERS OF THE U.S. Wetlands are ecologically complex habitats that support a variety of both plant and animal life. The federal government defines wetlands in Section 404 of the Clean Water Act as"areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support(and do support, under normal circumstances)a prevalence of vegetation typically adapted for life in saturated soil conditions"(33 CFR 328.3[b] and 40 CFR 230.3). Under normal circumstances, the federal definition of wetlands requires three wetland identification parameters be present: wetland hydrology,hydric soils,and hydrophytic vegetation. Examples of wetlands — include freshwater marsh, seasonal wetlands,and vernal pool complexes that have a hydrologic link to other waters of the U.S. (see Regulatory Setting for more details). The CDFG does not normally have direct jurisdiction over wetlands unless they are subject to jurisdiction under Streambed Alteration Agreements or they support state-listed endangered species;however, CDFG has trust responsibility for wildlife and habitats pursuant to California law. No wetlands were identified during the site visit, and the likelihood for wetlands to be present is low given the disturbed nature of the Proposed Project site. However,the entire site was not _ surveyed for wetlands,and wetlands may occur, especially in agricultural drains if they support wetland vegetation and are connected to other waters of the U.S.,and in Hospital Creek. Hospital Creek would be regulated by the U.S. Army Corps of Engineers(Corps)as an`other water of the _ U.S." REGULATORY SETTING Federal Waterway and Wetland Regulations Wetlands are ecologically productive habitats that support a rich variety of both plant and animal life. The importance and sensitivity of wetlands has increased as a result of a growing understanding of their function as recharge areas and filters for water supplies. Below is the federal definition of a wetland. U.S.Army Corps of Engineers Wetland Definition — Wetlands are a subset of"waters of the United States" and receive protection under Section 404 of the Clean Water Act. Wetlands are defined by the federal government [CFR, Section 328.3(b), 1991] as those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support,and that under normal circumstances do support,a prevalence of vegetation typically adapted for life in saturated soil conditions. The term"waters of the United States,"defined in CFR(33 CFR 328.3[a];40 CFR 230.3[s]),also includes (but are not limited to) waters that are or could be used in interstate or foreign commerce, and "Other waters of the U.S."which are hydric features exhibiting a defined bed and bank and an ordinary high-water RMC Pacific Vernalis Quauy Mining and Reclamarion Project 4.9-6 ESA/203015 Admmumnnio a Daft Eai M=h 2004