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4.9 Biological Resources V • Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies,or regulations or by the CDFG or USFWS. • Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. ra • Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Impact 4.9.1: Project activities could potentially result in direct and indirect impacts to "waters of the U.S."This is a potentially significant impact. �• Jurisdictional "waters of the United States"(i.e., Hospital Creek)are present in the project area as described in the RMC Pacific Vernalis Quarry Mining and Reclamation Project Wetland Delineation Report(ESA, 2005). While the feature described in this report has not been verified by the Corps as waters under the jurisdiction of Section 404 of the Clean Water Act, field surveys indicate that it is likely jurisdictional. In addition,the RWQCB regulates this feature under Section 401 of the Clean Water Act. Lastly, alteration to stream channels will likely require entering into a Streambed Alteration Agreement with CDFG as required under Section 1603 of the State Fish and Game Code. Mining Plan Option I would avoid impacts to Hospital Creek and would provide for a 100-foot setback from the creek. Hospital Creek would be diverted into a detention basin by Mining Plan ` Option 2,and flows would be retained on-site(see Section 4.8 for more details). Implementation of Mining Plan Option 2 would result in the loss of waters of the U.S. This loss would occur through the implementation of Phase V of the project and would affect approximately 5,466 linear feet(2.38 acres)of jurisdictional waters of the U.S. (ephemeral channel). Indirect impacts to surface water quality may occur as a result of the project and are addressed in Section 4.8. The discharge of fill material within wetlands and/or"waters of the U.S." requires a Section 404 permit from the ACOE. Based on the area anticipated to be impacted (approximately 5,466 linear it feet), it is likely that the construction of Mining Plan Option 2 would require an Individual Permit from the Corps. In addition, work within streams requires that the applicant enter into a Streambed Alteration Agreement with CDFG. The project will also likely require a Section 401 water quality certification from the RWQCB.These permits will likely include several conditional mitigation and/or compensation measures that are specific to the stream activities. Nevertheless, they do not provide a guarantee that impacts to these aquatic habitats would be mitigated to a less-than-significant level. Therefore, under Mining Plan Option 2, impacts to waters of the U.S. are considered potentially significant. Mitigation Measures Measure 4.9.1: The project applicant shall ensure that any loss of waters of the U.S. shall •• be compensated for by the preservation or creation of similar habitat at a ratio no less than RMC Pacific Vernalis Quarry Mining and Reclamation Project 4.9-13 ESA/203015 Draft Environmental Impact Report May 2006