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Site Approval , Revisions of Approved - 3 - 19 April 2023 Actions No . PA - 0900037 Project San Joaquin County Clean Water Act Section 401 Permit — Water Quality Certification If an USACE permit ( e . g . , Non - Reporting Nationwide Permit , Nationwide Permit , Letter of Permission , Individual Permit , Regional General Permit , Programmatic General Permit ) , or any other federal permit ( e . g . , Section 10 of the Rivers and Harbors Act or Section 9 from the United States Coast Guard ) , is required for this project due to the disturbance of waters of the United States ( such as streams and wetlands) , then a Water Quality Certification must be obtained from the Central Valley Water Board prior to initiation of project activities . There are no waivers for 401 Water Quality Certifications . For more information on the Water Quality Certification , visit the Central Valley Water Board website at : https : //www . waterboards . ca . gov/centralvalley /water issues/water quality certificatio n / Waste Discharge Requirements — Discharges to Waters of the State If USACE determines that only non -jurisdictional waters of the State ( i . e . , " non - federal " waters of the State ) are present in the proposed project area , the proposed project may require a Waste Discharge Requirement ( WDR ) permit to be issued by Central Valley Water Board . Under the California Porter- Cologne Water Quality Control Act , discharges to all waters of the State , including all wetlands and other waters of the State including , but not limited to , isolated wetlands , are subject to State regulation . For more information on the Waste Discharges to Surface Water NPDES Program and WDR processes , visit the Central Valley Water Board website at : https : //www . waterboards . ca . gov/centralvalley /water issues/waste to surface wat e r/ Projects involving excavation or fill activities impacting less than 0 . 2 acre or 400 linear feet of non - jurisdictional waters of the state and projects involving dredging activities impacting less than 50 cubic yards of non -jurisdictional waters of the state may be eligible for coverage under the State Water Resources Control Board Water Quality Order No . 2004 - 0004 - DWQ ( General Order 2004- 0004 ) . For more information on the General Order 2004- 0004 , visit the State Water Resources Control Board website at : https : //www , waterboards , ca . gov/ board decisions/adopted orders/water quality /200 4 /wqo /wgo2004- 0004 . pdf Waste Discharge Requirements — Discharges to Land The discharge of winery wastewater and residual solids to land is subject to regulation under individual WDRs or Central Valley Water Board Order R5 - 2015 - 0005 (the Conditional Waiver of Waste Discharge Requirements for Small Food Processors , Small Wineries and Related Agricultural Processors within the Central Valley Region , or Waiver) . The Waiver is structured to regulate winery waste discharge on a tiered basis , based on the volume of waste discharged to land annually . In accordance with California Water Code Section 13260 , the project proponent is required to submit a Report of Waste Discharge ( RWD ) to apply for the Waiver . We recommend that the RWD be submitted 12 to 18 months before the expected startup date . Planning Commission Staff Report , PA- 0900037 ( SA , RAA ) 14 Agency Response Letters