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Biological Resources Evaluation Report Griffith Energy Project 5.4 Jurisdictional Wetland Delineation A search of the Project area using the USFWS NWI and USGS NHD indicated that one riverine area and one freshwater emergent wetland area may occur within the Project boundary(USFWS 2021, USGS 2021). This riverine area was determined to be an erosional feature that was approximately 1 foot wide and 6 inches deep (Figure 5). No ponded or flowing water or evidence of standing water was observed within this feature, and it did not have a defined bed, bank,and channel.The area recorded in the NHD as a freshwater emergent wetland is the same area described in Section 5.2 as an area of cut logs and leaf litter (Figure 5). Where this feature was located, there was no depression or channel to hold water, no standing water present, and no hydrophytic vegetation. Because this area did not have any wetland characteristics, no jurisdictional delineation was conducted. The following text discusses potential jurisdiction of the erosional feature. 5.4.1 U.S. Army Corps of Engineers In April 2020, the USACE and Environmental Protection Agency (EPA) published the Navigable Waters Protection Rule in the Federal Register, which became effective on June 22, 2020. Following a federal district court decision on August 30, 2021, the USACE and EPA halted implementation of the Navigable Waters Protection Rule and began interpreting Waters of the U.S. consistent with the"pre-2015" regulatory regime (USACE and EPA 2021). Under the pre-2015 regulations, the onsite erosional feature is not considered a Water of the U.S. because it was an ephemeral feature, that is hydrologically isolated from other waters of the U.S. Non-navigable waters that are not relatively permanent would only have USACE jurisdiction if they have a significant nexus to a traditional navigable water. This feature did not connect to downstream traditional navigable waters.There were several factors that were considered in the conclusion that there was no significant nexus. First, there was no connection to the closest natural aquatic feature, Patterson Run, which is approximately 0.5 to 1 mile north-northwest to the Project site. Second, due to the infrequent flow, low volume,and short duration of flow,the feature on the Project site had a minimal capacity to transfer nutrients and organic carbon that support food webs. As confirmed in the field, the ditch did not have a direct physical connection to Patterson Run or any other offsite feature. Based on this evaluation, it was concluded that this feature lacks a significant nexus to traditional navigable waters. Therefore, no Section 404 Waters of the U.S. were identified within the Project site. 5.4.2 Regional Water Quality Control Board RWQCB and SWRCB Waters of the State include USACE Section 404 jurisdictional wetlands and Waters of the U.S. No areas under USACE jurisdiction were identified at the Project site. Intermittent and ephemeral surface waters may be considered jurisdictional Waters of the State, regardless of a significant nexus, but the feature on the Project site did not have a defined bed, bank, and channel and lacked hydrophytic vegetation and hydric soils. The only hydrology present was surface soil cracks due to recent rains. Therefore, no RWQCB/SWRCB Waters of the State were identified at the Project site. 5.4.3 California Department of Fish and Wildlife California Fish and Game Code, Sections 1600-1616, regulates activities that would alter the flow, bed, banks, channel, or associated riparian areas of a river, stream, or lake. CDFW jurisdiction over lakes and streams is to the top of bank, or edge of riparian vegetation as determined by edge of dripline. The onsite feature did not meet the criteria for CDFW jurisdiction since it did not have a defined bed, bank,and channel or riparian vegetation. The findings presented above are subject to verification by the USACE, RWQCB, and CDFW. Tetra Tech, Inc. 5-6 July 2023