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Biological Resources, MONK.&.ASSOCIATES Impacts and Mitigations Tracy Facility Expansion Site 12.2 State Water Resources Control Board(SWRCB)/California Regional Water Quality Control Board(RWQCB) 12.2.1 SEczzox 401 of THE CLEAN WATER ACT The SWRCB and RWQCB regulate activities in"waters of the United States" (which includes "wetlands")through Section 401:of the Clean Water Act. While the Corps administers permitting programs that authorize impacts-to`waters'of the United States"including"wetlands" and"other waters," any Corps NWP authorized for a proposed project would be invalid unless the NWP being used has been certified for use in California by the SWRCB,or if the RWQCB has issued a project specific certification or waiver of water quality. Certification of NWPs requires a finding by the SWRCB that the activities permitted by the NWP will not violate water quality standards individually or cumulatively over the term of the issued NWP (the term is typically for five years). Certification must be consistent with the requirements of the Federal Clean Water Act,the California Environmental Quality Act,the California Endangered Species Act, and the SWRCB's mandate to protect beneficial uses of waters of the State. Any denied(i.e., not certified)NWPs, and all Individual Corps permits, would require a project specific RWQCB certification or waiver of water quality. Additionally, if a proposed project would impact waters of the United States, including wetlands, and Granite is unable to demonstrate that the project is unable to avoid these adverse impacts, water quality certification will most likely be denied. 401 Certification may also be denied based on significant adverse impacts to waters of the United States,including wetlands. The RWQCB also adopted the Corps policy that there shall be"no net loss"of.wetlands. As such,the RWQCB will impose avoidance mitigation requirements on project proponents that impact`waters of the United States"prior to waiving or certifying water quality. 12.2.2 SEcTioN 402 OF THE CLEAN WATER ACT f' In 1972,the Clean Water Act was amended to provide that the discharge of pollutants into "waters of the United States"from any point source is unlawful,unless the discharge is in compliance with a National Pollutant Discharge Elimination System(NPDES)permit. The 1987 amendments to the Clean Water Act added Section 402(p)which establishes a framework for regulating municipal and industrial storm water discharges under the NPDES program. Currently, Environmental Protection Agency(EPA)regulations stipulate that all construction activities that disturb more than five acres of land surface must have an NPDES permit. Storni water discharges from a construction activity that results in a land disturbance of less than five acres,but which is part of a larger common plan of develo�ment or sale, also require a permit. In the State of California, the State Water Board has been delegated NPDES authority by issuance of a general permit. Compliance with the general permit requires (1) submittal of a "Notice of Intent" (N01)prior to start of work;(2)preparation of a Storriwater Pollution Prevention Plan(SWPPP)prior to start of work; (3) implementation of a self-monitoring program; (4) submittal of annual reports and certification of compliance; and(5)payment of an annual fee($250 to $500) during construction. Upon completion of construction activities a 9 23