SU0004097 - Laserfiche WebLink

Home Browse Search

I Biological Resources, MONK &ASSOCIATES Impacts and Mitigations Tracy Facility Expansion Site 12. REGULATORY REQUIREMENTS PERTAINING TO "WATERS OF THE UNITED STATES" e this section presents an overview of the criteria used by the U.S. Army Corps of Engineers,the California Regional Water Quality Control Board,the State Water Resources Control Board, and CDFG to determine those areas within a project site that would be subject to their regulation. 12.1 U.S. Army Corps of Engineers Jurisdiction and General Permitting Pursuant to Section 404 of the Clean Water Act(33 U.S.C. 1344), the U.S. Army Corps sof Engineers (Corps)regulates the disposal of dredged or fill material into "waters of the United States" (33 CFR Parts 328 through 330). This requires project applicants to obtain authorization from the Corps prior to discharging dredged or fill materials into any"water of the United States." In the Federal Register"waters of the United States" are defined as, "...all interstate waters including interstate wetlands...intrastate lakes, rivers, streams (including intermittent streams), wetlands, [and]natural ponds,the use, degradation or destruction of which could affect interstate or.foreigncommerce..." (33 CFR Section 328.3). Section 404 jurisdiction in 'other waters" such as lakes, ponds, and streams, extends to the upward limit of the ordinary high water mark(OHWM) or the upward extent of any adjacent wetland. The OHWM on a non-tidal water is the "line on shore established by the fluctuations of water and indicated-by physical characteristics such as a clear natural line impressed on the bank; shelving; changes in the character of soil; destruction of terrestrial vegetation, the presence of litter or debris; or other appropriate means'that consider the characteristics of the surrounding areas" (33 CFR Section 328.3[e]). Wetlands are defined as "...those areas that are inundated or saturated by surface or ground water at a frequency and duration to support a prevalence of vegetation adapted for life in saturated soil conditions" (33 CFR Section 328.8 [b]). Wetlands usually must possess f hydrophytic vegetation(i.e., plants adapted to inundated or saturated conditions),wetland hydrology(e.g., topographic low areas, exposed water tables, stream channels), and hydric soils (i.e., soils that are periodically or permanently saturated,inundated or flooded)to be regulated by .the Corps pursuant to Section 404 of the Clean Water Act. To remain in compliance with Section 404 of the Clean Water Act,project proponents and property owners (applicants) are required to be permitted by the Corps prior to discharging or otherwise impacting"waters of the United States." In many cases,prior to authorizing any permit for a proposed project, the Corps must visit a proposed project site to conduct a "jurisdictional determination" (to confirm the extent of area that would be regulated pursuant to Section 404 of the Clean Water Act). Typically, at the time the jurisdictional determination is conducted, applicants (or their representative)will discuss the appropriate permit application that would be filed with the Corps for permitting the proposed impact(s)to "waters of the United States." Pursuant to Section 404 of the Clean Water Act,the Corps normally provides two alternatives for permitting impacts to `waters of the United States." The first alternative would be to use Nationwide Permit(s) (NWP). The second alternative is to apply to the Corps for an Individual Permit(33 CFR Section 235.5(2)(b)). The application process for Individual Permits includes r 21