SU0005222 (2) - Laserfiche WebLink

Home Browse Search

*"' 77fidal Study—LID Annexation frequency and duration sufficient to support, and under normal circumstances do support,a prevalence of vegetation typically adapted for life in saturated soil conditions.Jurisdictional wetlands must meet three wetland delineation criteria: hydrophytic vegetation, hydric soil types, and wetland hydrology. Many surface waters and wetlands in California meet the criteria for waters of the United States, including intermittent streams and seasonal lakes and wetlands. Pursuant to Section 404 of the CWA,the U.S. Army Corps of Engineers(USACE)regulates and issues permits for activities that involve the discharge of dredged or fill materials into waters of the United States. Fills of less than 1/2 acre of non-tidal waters of the United States for residential,commercial, or institutional development projects can generally be authorized under the USACE's nationwide permit(NWP)program, provided the project satisfies the terms and conditions of the particular NWP. Fills that do not qualify for a NWP require an individual permit. California Endaneered Species Act Pursuant to the California Endangered Species Act(CESA)and Section 208 1 of the Fish and Game Code,a permit from the California Department of Fish and Game(CDFG) is required for projects that could result in the take of a state-listed Threatened or Endangered species.Under CESA, "take" is defined as an activity that would directly or indirectly kill an individual of a species,but the definition does not include or"harass,"as the federal act does.As a result,the threshold for a take under the CESA is higher than that under the ESA. California Fish and Game Code 53503.5 -Protection of Raptors Section 3503.5 of the Fish and Game Code states that it is unlawful to take, possess,or destroy any raptors(i.e., species in the orders Falconifomes and Strigiformes), including their nests or eggs. Typical violations include destruction of active raptor nests as a result of tree removal and failure of nesting attempts,resulting in loss of eggs and/or young,due to disturbance of nesting pairs by nearby human activity. Section 1600 et seq of the California Fish and Game Code All diversions,obstructions, or changes to the natural flow or bed,channel,or bank of any river, stream or lake in California that supports wildlife resources is subject to regulation by CDFG, pursuant to Sections 1600 through 1603 of the California Fish and Game Code.Under Section 1603, it is unlawful for any person to substantially divert or obstruct the natural flow or substantially change the bed,channel,or bank of any river, stream,or lake designated by CDFG, or use any material from the streambeds,without first notifying CDFG of such activity. "Stream" is defined as a body of water that flows at least periodically or intermittently through a bed or channel having banks and that supports fish or other aquatic life.This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation.CDFG's jurisdiction within altered or artificial waterways is based on the value of those waterways to fish and wildlife. A CDFG Streambed Alteration Agreement must be obtained for any project that would result in an impact on a river, stream,or lake. Natural Community Conservation Planning Act The Natural Community Conservation Planning Act(NCCPA)authorizes and encourages conservation planning on a regional scale in California through preparation of Natural Community Conservation Plans(NCCPs).NCCPs address the conservation of natural 28