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Rick Griffin - 2 - 2 August 2005 Wetlands and/or stream course alteration Section 401 of the federal Clean Water Act requires any project that impacts waters of the United States (such as streams and wetlands) to file a 401 Water Quality Certification application with this office. The project proponent must certify the project will not violate state water quality standards. Projects include, but are not limited to, stream crossings, modification of stream banks or stream courses, and the filling or modification of wetlands. If a U.S. Army Corp of Engineers (ACOE) permit is required for the project, then Water Quality Certification must be obtained prior to initiation of project activities. The proponent must follow the ACOE 404(b)(1) Guidance to assure approval of their 401 Water Quality Certification application. The guidelines are as follows: 1. Avoidance (Is the project the least environmentally damaging practicable alternative?) 2. Minimization (Does the project minimize any adverse effects to the impacted wetlands?) 3. Mitigation (Does the project mitigate to assure a no net loss of functional values?) If, after avoidance and minimization guidelines are considered and wetland impacts are still anticipated: • determine functional losses and gains (both permanent and temporal; both direct and indirect) • conduct adequate baselines of wetland functions including vegetation, wildlife, hydrology, soils, and water quality • attempt to create/restore the same wetland type that is impacted, in the same watershed • work with a regional context to maximize benefits for native fish, wildlife, vegetation, as well as for water quality, and hydrology • use native species and materials whenever possible • document all efforts made to avoid the minimize adverse wetland impacts • be prepared to develop performance criteria and to track those for between 5 to 20 years • be prepared to show project success based on achieving wetland functions • if the project fails, be prepared to repeat the same process (via financial assurance), with additional acreage added for temporal losses • specify how the mitigation project will be maintained in perpetuity and who will be responsible for the maintenance For more information regarding Water Quality Certification may be found at http://www.waterboards.ca.gov/centralvalley/available documents/wq cert/application.pdf