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III. Environmental Setting, Impacts, and Mitigations <br /> F. Vegetation and Wildlife <br /> Project plans indicate this feature would measure 4.3 acres in areal extent. This feature would be <br /> fenced to restrict access. Collectively, approximately 11.3 acres(7.0 acres of realigned creek and <br /> 4.3 acres of detention basin)of surface water features would be constructed as part of the <br /> proposed project. <br /> The existing on-site portion of the North Branch of the South Fork of Little Johns Creek has been <br /> extensively modified and degraded by historic and on-going site operations. With the exception <br /> of the valley oaks discussed below,this feature neither supports developed natural plant <br /> communities nor provides habitat for special status plant and animal species due to historic and <br /> on-going disturbance and maintenance,as well as possible poor water quality. Based on <br /> observations made during ESA's biological site investigations,this feature is not frequently used <br /> by local wildlife species(i.e.,few wildlife species were observed within this waterway). <br /> However,the project would impact greater than 1.0 acre of area potentially under jurisdiction of <br /> the Corps under Section 404 of the Clean Water Act. Projects that fill more than 1.0 acre of <br /> wetland or other"waters of the U.S." require predischarge notification of the regulatory section <br /> of the Corps,and must subsequently obtain a nationwide or individual permit from the Corps3. <br /> Additionally, as the fill would exceed 2.0 acres,the RWQCB would require a mitigation plan, a <br /> public hearing,and approval of the water quality certification by the State Water Resources <br /> Control Board prior to formal issuance of Section 401 water quality certification. Section 401 <br /> water quality certification is necessary prior to final issuance of the Section 404 individual or <br /> nationwide permit. <br /> Execution of a Section 1603 Streambed Alteration Agreement with the CDFG may also be <br /> required for relocation of this drainage prior to initiation of any on-site modification. The project <br /> 3 Currently,the mean annual flow of the portion of Little Johns Creek on the site is not known,as the <br /> stream is not gauged. The peak flow at the downstream property boundary has been estimated at 134 <br /> cfs(see Section K). If the impacted portion of the Creek has a mean annual flow of 5 cubic feet per <br /> second(cfs)or more,or a flow of greater than five cfs more than 50 percent of the time,the Creek <br /> would be considered"below the headwaters"and an individual permit from the Corps'would be <br /> required for channel filling and relocation(see Appendix A for a discussion of the regulatory process <br /> involved in obtaining Corps and Regional Water Quality Control Board [RWQCB]permits). As part <br /> of the individual permit application process,the proponent would also be required to complete a <br /> Section 404(b)(1)alternatives analysis to demonstrate that there are no environmentally superior <br /> project alternatives that would reduce or eliminate identified impacts to jurisdictional features. If the <br /> mean annual flow is less than 5 cfs,and other conditions of the nationwide permit program and met,a <br /> Nationwide Permit#26 would suffice(Kavanaugh, 1993). The project proponent should calculate the <br /> mean annual flow of the portion of the Little Johns Creek proposed for impact prior to initiating <br /> consultation with the Corps. <br /> HI.F.22 <br />