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San Joaquin County Environmental Checklist normal circumstances do support,a prevalence of vegetation typically adapted for life in saturated soil conditions"(33 CFR 328.3[b],40 CFR 230.3). To be subject to federal jurisdiction,a wetland must support positive indicators for hydrophytic vegetation,hydric soil,and wetland hydrology. Other waters of the United States are seasonal or perennial bodies of water,including lakes, stream channels,drainages,ponds, and other surface water features,that exhibit an ordinary high water mark(OHWM)but lack positive indicators for one or two of the three wetland parameters(33 CFR 328.4). Jones& Stokes identified other waters of the United States(retention pond)and wetlands(associated with South Paddy Creek)within the project area but did not conduct a formal wetland delineation. These resources could qualify as waters of the United States and would accordingly be subject to USACE jurisdiction under the CWA. Impact Discussion a. Within the landfill property,nonnative annual grassland,seasonal wetland, freshwater marsh,a retention pond,and riparian areas provide potential habitat for seven special-status plant species and 12 special-status wildlife species (Tables 2-5 and 2-6). These habitat areas occur primarily in undeveloped areas within the northern portion of the landfill property. No new construction is proposed as part of the proposed project. All proposed project activities would occur within currently disturbed areas and would not result in a substantial adverse effect,either directly or through habitat modifications,on any special- status species. There would be no impact. b,c. Riparian habitat,seasonal wetlands,and a freshwater marsh,considered to be sensitive natural communities by DFG and the U.S.Fish and Wildlife Service,are present on the landfill property. Because no new construction is proposed as part of this project,no woody riparian vegetation would be trimmed or removed and no direct or indirect effects on potential waters of the United States are anticipated. There would be no impact. d. Proposed project activities would occur within existing disturbed areas and would not interfere substantially with the movement of any native resident or migratory species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites. There would be no impact. e. The proposed project would not conflict with any local policies or ordinances protecting biological resources and no native trees would be removed,trimmed,or disturbed during construction of the proposed project. There would be no impact. f. The proposed project would not affect sensitive plant or wildlife species covered under the San Joaquin Multi-Species Habitat Conservation Plan(San Joaquin Council of Governments 2000)and would not conflict with the provisions of any other local,regional,or state habitat conservation plans. There would be no impact. Notice of Preparation for the June 2006 North County Recycling Center and Sanitary Landfill 2-29 Permit Revision AS 06307.E