HomeMy WebLinkAboutSDP 01-01; Pacifica Palomar Office Building; Site Development Plan (SDP) (4)Pac ises
Jurisdictional DdinBotion
Prepared by:
^1
snfiffliinieiital ptaiiiing, iic.
1^ '
Pacific Enterprises
DRAFT
JURISDICTIONAL DELINEATION
May 2, 2000
Prepared for:
SHAPOURI & ASSOCIATES
16085 San Dieguito Road, Suite E-1
Rancho Santa Fe, Califomia 92067-6221
Prepared by:
HELK ENVIRONMENTAL PLANNING, INC.
8100 La Mesa Boulevard, Suite 150
LaMesa, California 91941-6476
DRAFT
Pacific Enterprises
Jurisdictional Delineation
TABLE OF CONTENTS
Section Title Page
L INTRODUCTION 1
n. METHODS 1
IIL RESULTS 2
A. Description of Site 2
B. Findings 2
1. Federal Jurisdictional Areas 2
a. Jurisdictional Wetland Characteristics On Site 2
b. Non-wetland Waters of the U.S. On Site 3
2. State Jurisdictional Areas 4
IV. POTENTIAL IMPACTS 4
V. CONCLUSION 4
VI. LITERATURE CITED 6
APPENDIX A Federal and State Jurisdictional Definitions
APPENDIX B Wetiand Delineation Field Data Forms
LIST OF FIGURES
Follows
Number Title Page
1 Regional Location Map 1
2 Project Vicinity Map 1
3 Vegetation and Jurisdictional Delineation 2
LIST OF TABLES
Number Title Page
1 Jurisdictioiial Areas 4
DRAFT
1. INTRODUCTION
This report addresses the results of a focused jurisdictional delineation of the Pacific Enterprises property
for Shapouri & Associates. The delineation was conducted to identify and map existing areas on site that
are under jurisdiction of the United States Army Corps of Engineers (ACOE) pursuant to Section 401 and
404 of the Clean Water Act (33 U.S.C. 1344). In addition, jurisdictional streambed and lake habitats for
the Califomia Department of Fish and Game (CDFG) permit requirements (Section 1603) are also
provided. This information is necessary to evaluate impacts and permit requirements associated with the
proposed project. The field work for this report was conducted by biologists with HELIX Environmental
Planning, Inc. (HELIX).
The Pacific Enterprises property consists of two parcels totaling 16.92 acres situated in the City of
Carlsbad, in northwestern San Diego County, California (Figure 1). The site is situated approximately
0.75 mile southwest of McClellan Airport and just south of the Palomar Airport Road/Aviara Parkway
intersection (Figure 2). The south of the site is undeveloped, as is land to the east and north of the site
(beyond Palomar Airport Road). The majority of the project site consists of disturbed habitat. Much of
the local area has been under non-irrigated agricultural use for many years and disturbed habitat on the
project site is presumed to have resulted from similar agricultural activities. On-site elevations range
from approximately 100 feet to 160 feet above mean sea level.
II. METHODS
All areas with depressions or drainage charmels were evaluated for the presence of Waters of the United
States (U.S.), including jurisdictional wetlands. Each area was inspected according to wetiand delineation
guidelines specified within the Wetlands Delineation Manual (Environmental Laboratory 1987), and
wetland boundaries were determined using the three mandatory criteria (vegetation, hydrology, and
soils) established for wetiand delineations. Other references included topographic maps of the site
provided by Shapouri & Associates (April, 2000), Field Office Official List of Hydric Soils Map Units for San
Diego Area, Califomia (USDA 1992), Soi7 Survey for the San Diego Area (Bowman 1973), The Jepson Manual,
Higher Plants of CaUfomia (Hickman 1993), A Flora of San Diego County, Califbmia (Beauchamp 1986), Field
Guide for Wetland Delineation (Wetland Training Institute 1995), List of Plant Species that Occur in Wetlands
(Reed 1988), and Munsell's Soil Color Charts (Kollmorgen 1990). Plant nomenclature presented here is
consistent with Hickman (1993). Other references included Memorandum: Clarification and Interpretation of
the 1987 Manual (ACOE 1992) and Memorandum: Questions and Answers on 1987 Manual (ACOE 1991). An
overview of the definitions of ACOE wetlands and non-wetland Waters of the U.S. is presented in
Appendix A. Definitions of CDFG jurisdictional areas are also presented in Appendix A. The field work
for this wetland delineation was conducted by HELIX biologists W. Larry Sward and Sally Trnka on April
12 and 13, 2000.
All potential wetlands and non-wetland Waters of the U.S. areas were sampled, measured (where
necessary) and mapped in the field. If an area was suspected of being a wetland, vegetation and
hydrology indicators were noted, and a soil pit was dug and described. The area was then determined to
be a wetland if it satisfied the three wetland criteria (vegetation, hydrology, and soil). In most cases, two
sample points were evaluated (one inside the suspected wetland, and one beyond where the hydrology
and/or the vegetation criteria were not satisfied). In all, four study points were taken, two in which soil
pits were dug. Standard data forms were completed for each sample point in the field (Appendix B).
Areas were determined to be non-wetland Waters of the U.S. if there was evidence of regular surface flow
(e.g., bed and bank) but a lack of vegetation criteria. For non-wetland Waters of the U.S. the areas
encompassed by the ordinary high water mark (OHWM) were measured and surrounding vegetation
was noted.
HELIX
Jurisdictional Delineation far Pacific Enterprises/SHA-01 /May 2, 2000 1
i RIVERSIDE COUNTY
NOTTO SCALE
II[IIX
Regional Location Map
PACIFIC ENTERPRISES JURISDICTIONAL DELINEATION REPORT
Figure 1
Scale: 1" = 2000
Source: USGS 7.5min Quadrangles; Encinitas, San Luis Rey^
HELIX
Project Vicinity Map
PACIFIC ENTERPRISES JURISDICTIONAL DELINEATION REPORT
Figure 2
DRAFT
III. RESULTS
A. DESCRIPTION OF SITE
The majority of the Pacific Enterprises property is level, with one main drainage transversing the
southem portion of the eastern parcel and the northem portion of the western parcel. Native vegetation
communities exist along the drainage and on the steep slope in the eastem parcel. The main drainage
flows westward for several miles before draining into the Pacific Ocean.
The site has four vegetation communities: freshwater marsh, southem willow scmb (including
disturbed), southem mixed chaparral and disturbed habitat. The majority of the site consists of disturbed
habitat.
Two soil types are present on site. The majority of the site consists of Visalia sandy loam (2 to 5 percent
slopes), typically found in alluvial fans and floodplains, while Diablo clay (15 to 30 percent slopes) is
located on steep slopes in the southem portion of the eastem parcel. Although the major component of
Visalia sandy loam is not considered to be a hydric soil, inclusions within this soil type that are located in
areas where the water table frequently occurs at less than 1.5 feet from the surface for more than two
weeks during the growing season do meet hydric soils criteria (USDA 1992). In addition, soils which are
inundated for at least seven consecutive days or saturated for at least 18 consecutive days during the
growing season of an average year, are considered hydric soils regardless of the soU type (ACOE 1992).
Inundated and/or saturated conditions that would meet these minimum requirements for hydric soils are
expected to occur in portions of the main site drainage.
B. FINDINGS
1. Federal lurisdictional Areas
On site, ACOE jurisdictional wetiands occur as freshwater marsh within the westem portion of the main
drainage channel and ACOE non-wetland Waters of the U.S. occur along the eastem portion of the same
drainage (Figure 3). ACOE jurisdictional areas comprise a total of 0.19 acre of wetlands and 0.31 acre of
non-wetland Waters of the U.S. Totals for federal jurisdictional areas are shown in Figure 3 and included
in Table 1.
a. Jurisdictional Wetland Characteristics On Site
ACOE wetland areas on site are dominated by hydrophytic vegetation, hydrology, and soils. Typical
plant species in these wetland areas include cattail {Typha sp.) and bulrush {Scirpus sp.), both of which are
obligate wetland plant species. Wetland hydrology was primarily evidenced by the presence of an acquic
moisture regime consisting of inundated soils and surface water. Other hydrology indicators such as
sediment deposits and a positive FAC-Neutral Test were also present in on-site wetland areas. The
presence of hydric soils was inferred in wetland areas where an aquic moisture regime was present.
Boundaries of ACOE jurisdictional wetlands were chosen based on the obvious limits of the wetland
vegetation within areas of wetland hydrology.
Four sample points were taken in potential wetland areas throughout the site, with one sample point
taken as an upland counterpart to a wetland sampling point (Figure 3). The first three sample points
were taken in the principal drainage in the eastern parcel: one in the drainage chaimel itself, one on a
vegetated bench adjacent to the existing channel, and one further up slope, within riparian habitat.
Sample Point 4 was taken in freshwater marsh habitat located in the westem parcel. One sample point
was found to be within a wetland and three were not in a wetland, as described below.
HELIX
Jurisdictional Delineation for Pacific Enterprises / SHA-01 / May 2, 2000 2
L£££NI1
Vegetation
sws
SWS-D
FWM
SMC
DH
Southern willow scrub
Southern willow scrub disturbed
Freshwater marsh
Southern mixed chaparral
Disturt>ed habitat
Jurisdictional Areas
r
•#1
N
150
ACOE wetlands and CDFG jurisdictional areas
CDFG jurisdictional areas only
ACOE Waters of the U.S./CDFG streambed
Equals width of Waters of the U.S.
and streambed in feet
Sample Points
150 300 Feet
Note:
This map is based on site conditions as observed at the time of our field
investigations. The information presented herein was developed by visual
inspection and/or aerial photograph interpretation. Note that both site
conditions and apphcable regulatory requirements may change. Job No: SHA-01 Date: 5/2/00
HELIX
Vegetation and Jurisdictional Areas
PACIFIC ENTERPRISES
Figure 3
DRAFT
Sample Point 1
Data for this sample point was collected just to the east of an existing dirt road (Laurel Tree Road) at the
bottom of the intermittent drainage within the eastern parcel. This channel was largely unvegetated, with
only a few scattered individuals of bulmsh, an obligate wetland species. Hydrology was evidenced by
the presence of 1 to 6 inches of water at the surface and an incised drainage channel showing bed and
bank topography. No pit was dug as this area as this point was determined to not be a wetland based on
a lack of wetland vegetation. Although this point was not in a wetland, it was determined to be ACOE
jurisdictional non-wetland Waters of the U.S. due to the presence of a bed and bank.
Sample Point 2
This sample point was located up slope of Sample Point 1, within riparian habitat adjacent to the drainage
channel. Vegetation at this point was dominated by arroyo willow {Salix lasiolepis) and Fremont
cottonwood {Populus fremontii). These plants are facultative wetland species which meet wetland
vegetation criteria. Hydrology indicators in this area only included one secondary indicator, a positive
FAC-Neutral Test. Based on site topography, the continuous duration of saturation at this point was
estimated to be brief, or less than 5 percent of the growing season (18 days), which is not sufficient to
constitute wetland hydrology. In addition, indicators of water flow such as the OHWM and drift lines
were present below this point. This area did not meet wetland hydrology criteria. Soils in this area (lOYR
4/3) did not exhibit the low chromas characteristic of wetland soils. Despite the presence of wetland
vegetation this area lacked indicators of both current and historic wetland soils and hydrology, therefore
this point was not in a wetland.
Sample Point 3
Sample Point 3 was located between Sample Points 1 and 2, on a bench within the drainage channel.
Vegetation was dominated by pampas grass {Cortaderia jubata) and acacia {Acacia sp.), a facultative and
upland species, respectively. These species did not satisfy wetiand vegetation criteria. A primary
wetland hydrology indicator was present in the form of drift lines. Soils consisted of loamy sand
substrate with a thick layer of decomposing organic material approximately 5 inches below the surface.
This layer suggests a previous flooding event pushed down the vegetation growing at this elevation and
buried it wiih sediment. Soil chromas within the sample pit were too high (i.e., lOYR 4/3) to indicate
wetland soils. Although this area may experience occasional flooding during higher rainfall years, it does
not contain appropriate hydrology to support wetland vegetation or the development of wetland soils.
This point was not in a wetiand.
Sample Point 4
This sample point was taken to the west of Laurel Tree Road within the drainage channel of the westem
parcel. Vegetation in this area was dominated by cattails and bulmsh, both obligate wetland species;
therefore, this area meets wetland vegetation criteria. Hydrology was evidenced by the presence of soils
saturated with water at the soil surface. Wetiand soils were inferred based on the observed aquic
moisture regime and the presence of obligate wetland vegetation. This sample point was in a wetland.
b. Non-wetiand Waters of the U.S. On Site
The eastem parcel contains non-wetland Waters of the U.S. along the main drainage. These Waters
average between 8 and 12 feet in v\ddth and are characterized by bed and bank topography. Non-wetland
Waters of the U.S. flow westward, into the ACOE jurisdictional wetlands on site.
HELIX
Jurisdictional Delineation for Pacific Enterprises / SHA-01 /May 2, 2000
DRAFT
2. State lurisdictional Areas
On the Pacific Enterprises project site, CDFG jurisdictional areas are comprised of ACOE jurisdictional
wetlands, ACOE jurisdictional non-wetland Waters of the U.S., and an additional 2.26 acres of riparian
habitat surrounding the drainage channel. The additional CDFG jurisdictional riparian habitat consists of
disturbed and undisturbed southern willow scmb habitat. Totals for state jurisdictional areas are shown
in Figure 3 and included in Table 1.
Table 1
JURISDICTIONAL AREAS
RESOURCE ACOE
(acres)
CDFG
(acres)
Wetlands
Freshwater Marsh 0.19 0.19
Southem Willow Scmb — 1.96
Southern Willow Scmb - Disturbed ~ 0.30
Non-wetland Waters of the U.S. /Stieambed 0.31 0.31
TOTALS 0.50 2.76
IV. POTENTIAL IMPACTS
Based on site plan data provided to HELIX by the project applicant, direct impacts to the ACOE or CDFG
jurisdictional areas on site will be avoided by the proposed project design. In addition, the planned
alignment of Laurel Tree Road shown on Figure 3 is not proposed to be constmcted as part of the Pacific
Enterprises project, but will be irriplemented as a separate project by the City of Carlsbad. Potential
indirect impacts, such as the introduction of noise, lighting, invasive species, or mnoff of sediment or
toxics into the these areas may occur as a result of project development and will be addressed, where
necessary, as part of project mitigation. Indirect impacts to ACOE jurisdictional areas have been partially
mitigated with the incorporation of a buffer of at least 25 feet. All project grading wUl avoid impacts to
these buffer areas.
V. CONCLUSION
Federal (ACOE) jurisdictional areas on the Pacific Enterprises property were present within the main
drainage. ACOE jurisdictional areas consist of approximately 0.19 acre of wetlands as freshwater marsh
and 0.31 acre of non-wetland Waters of the U.S. Impacts to these ACOE jurisdictional areas are regulated
by the ACOE under Section 404 of the Clean Water Act (33 U.S.C. 1344). Wetiand areas are regulated
under a "no net loss" policy by the ACOE, and any impacts to ACOE jurisdictional wetlands areas would
require mitigation. The development of the Pacific Enterprises property would avoid impacting all
ACOE wetlands and non-wetland Waters of the U.S. present on site.
State (CDFG) jurisdictional areas on the project site included all ACOE jurisdictional areas and additional
riparian habitat located adjacent to the main drainage. CDFG jurisdictional areas include a total of 2.45
acres of freshwater marsh and disturbed and undisturbed southern willow scmb habitat, and 0.31 acre of
streambed. Any impacts to CDFG jurisdictional areas are regulated tmder Fish and Game Code Section
1603 (Appendix A) and would require a Streambed/Lake Alteration Agreement. The development of the
HELIX
JurisdicHonal Delineation for Pacific Enterprises / SHA-01 /May 2, 2000
DRAFT
Pacific Enterprises property would avoid directly impacting any CDFG jurisdictional habitat and
jurisdictional streambed areas present on site.
A Califomia Regional Water Quaiity Control Board permit or waiver (401 Certification) would also be
required before any impacts to ACOE jurisdictional areas could occur. The development of the property
would avoid impacting any ACOE jurisdictional areas, therefore, this permit would not be required for
the proposed project.
HELIX
Jurisdictional Delineation for Pacific Enterprises / SHA-01 / May 2, 2000
DRAFT
VI. LITERATURE CITED
ACOE. 1991. Memorandum: Questions and Answers on 1987 Manual. JohnF. Studt. 4 pages. October 7.
ACOE. 1992. Memorandum: Clarification and Interpretation of the 1987 Manual. Arthur E. Williams. 4
pages, plus attachments. March 6.
Beauchamp, R. Mitchel. 1986. A Flora of San Diego County, Califomia. Sweetwater River Press. National
City, California.
Bowman, R. 1973. Soz7 Survey of the San Diego Area. USDA in cooperation with the USDI, UC
Agricultural Experiment Station, Bureau of Indian Affairs, Department of the Navy, and the
United States Marine Corps.
Environmental Laboratory. 1987. Army Corps of Engineers Wetlands Delineation Manual. Technical Report
Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. 100 pp.
with Appendices.
Hickman, J. C. (Ed.). 1993. The Jepson Manual, Higher Plants of California. University of Califomia Press,
Berkeley, 1400 pp.
Kolknorgen Instmments Corporation. 1990. Munsell Soil Color Charts. Baltimore, MD.
Reed, P. B., Jr. 1988. National List of Plant Species that Occur in Wetlands: CaUfomia (Region 0). U.S. Fish
and Wildlife Service Biological Report 88 (26.10).
USDA Soil Conservation Service. 1992. Hydric Soil Lists. Field Office Official List of Hydric Soils Map Units
for San Diego Area, CaUfomia. Section II Field Office Technical Guide. Davis, Califomia.
Wetland Training Institute, Inc. 1995. Field Guide for Wetland Delineation: 1987 Corps of Engineers Manual.
Wn95-3. 143 pp.
HELIX
Jurisdictional Delineation for Pacific Enterprises/SHA-01 /May 2, 2000
Appen(iix A
FEDERAL AND STATE
JURSIDICTIONAL DEFMTIONS
Appendix A
FEDERAL AND STATE JURISDICTIONAL DEFINITIONS
I. Federal Definitions
A. Wetlands and "Waters of the United States" Definitions
The Army Corps of Engineers (Federal Register 1982) and the Environmental Protection Agency (Federal
Register 1980) jointly define wetlands as "[tjhose areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions" (Environmental
Laboratory 1987).
The official definition of "Waters of the United States" (Waters of the U.S.) and their limits of jurisdiction,
as they may apply within the study area, are defined by the U.S. Army Corps of Engineers' Regulatory
Program Regulations (Section 328.3, paragraphs [a] 1-3 and [e], and Section 328.4, paragraphs [c] 1 and 2)
as:
"All waters which are currently used, or were used in the past, or may be susceptible to use in interstate
or foreign commerce, including all waters which are subject to the ebb and flow of the tide; all waters
including interstate wetiands, all other waters such as interstate lakes, rivers, streams (including
intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes,
or natural ponds, the use, degradation or destmction of which could affect interstate commerce including
any such water, which are or could be used by interstate travelers for recreation or other purposes; or
from which fish or shellfish are or could be taken and sold in interstate commerce; or which are or could
be used for industries in interstate commerce; or wetlands adjacent to waters (other than waters that are
themselves wetlands)."
"Non-tidal waters of the United States. The limits of jurisdiction in non-tidal waters: in the absence of
adjacent wetlands, the jurisdiction extends to the ordinary high water mark, or when adjacent wetiands
are present, the jurisdiction extends to the limit of the adjacent wetlands."
"The term ordinary high water mark means that line on the shore established by the fluctuation of water
and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving,
changes in the character of soil, destmction of terrestrial vegetation (scouring), the presence of litter and
debris, or other appropriate means that consider the characteristics of the surroimding areas."
For purposes of delineation and jurisdictional designation. Waters of the U.S. must exhibit an ordinary
high water mark or other evidence of surface flow created by hydrologic physical changes. These
physical changes include the indicators used for satisfying the hydrologic criterion for wetland
delineations. Wetland boundaries were determined using the three mandatory criteria (plant, soUs, and
hydrology) established for wetland delineations and described within the Wetlands Delineation Manual
(Environmental Laboratory 1987) and subsequent regulatory guidance letters (March 6, 1992; October 7,
1991). Following is a brief discussion of the tliree criteria and how they were evaluated.
1. Vegetation
"Hydrophytic vegetation is defined herein as the sum toted of macrophytic plant life that occurs in areas
where the frequency and duration of inundation or soil saturation produce permanently or periodically
saturated soils of sufficient duration to exert a controlling influence on the plant species present"
(Environmental Laboratory 1987).
A-1
The wetland indicator status (obligate upland, facultative upland, facultative, facultative wetland,
obligate wetland, or no indicator status) of the dominant plant species of all vegetative layers were
determined. Species considered to be wetland or hydrophytic includes the classifications of facultative,
facultative wetland, and obligate wetland as defined by Reed (1988) (Table Al). The percent of dominant
wetland plants was calculated. The wetland vegetation criterion was considered to be met if more than
50 percent of the dominant plants within the area sampled were classified as a wetland species.
Table Al
DEHNITIONS OF PLANT INDICATOR CATEGORIES
INDICATOR CATEGORIES , PROBABILITY OF OCCURRING IN WETLANDS
Obligate wetland Occur almost exclusively in wetlands
Facultative wetland Usually found in wetlands (66 to 99 percent probability)>
but occasionally in uplands
Facultative Equally likely to occur in wetiand (34 to 66 percent
probability) or non-wetland
Facultative upland Usually occur in non-wetlands, but occasionally
found in wetlands
Obligate upland Occur almost exclusively in non-wetlands
Non indicator • Inconclusive status
2. Hydrology
The term "wetland hydrology" encompasses all hydrologic characteristics of areas that are periodically
inundated or have soils saturated to the surface at some time during the growing season. Areas with
evident characteristics of wetiand hydrology are those where the presence of water has an overriding
influence on characteristics of vegetation and soils due to anaerobic reducing conditions, respectively"
(Environmental Laboratory 1987).
Hydrologic characteristics must indicate that the ground is saturated to within 12 inches of the surface for
at least 5 percent of the growing season during a normal rainfall year (approximately 18 days for most of
low-lying southem Califomia). Hydrology criteria were evaluated based on the characteristics described
in the following list. Where positive indicators of wetland hydrology were present, the limit of the
Ordinary High Water Mark (OHWM) was noted and mapped.
Hydrologic indicators include:
inundated soils
saturated soils within 12" of the surface
water marks
drift lines
sediment deposits
drainage pattems in wetlands (meandering water course)
presence of oxidized root channels surrounding living roots (oxidized rhizospheres)
water-stained leaves
plants with hydrologically induced morphological adaptations to prolonged inundation and/or
saturation (e.g., aerenchyma in roots and stems, adventitious roots, and/ or pneumataphores)
local soil survey data
FAC-neutial test (ratio of OBL + FACW: FACU + UPL)
A-2
• in the absence of all other hydrologic indicators and in the absence of sigruficant modifications of an
area's hydrologic function, positive hydric soil characteristics are assumed to indicate positive
wetland hydrology
3. Soils
"A hydric soil is a soil that formed under conditions of saturation, flooding, or ponding long enough
during the growing season to develop anaerobic conditions in the upper part" (US Department of
Agriculture [USDA] Natural Resource Conservation Service [NRCS] 1995).
Soils must exhibit physical and/or chemical characteristics indicative of permanent or periodic
saturation. SoU matrix and mottle colors were identified at each sampling point using a Munsell soil
color chart (KoUmorgen 1975). GeneraUy, an 18-inch or deeper pit was excavated with a shovel at each
sampling point, unless refusal occurred above 18 inches.
Mineral soils were considered hydric if the horizon immediately below the A horizon (or 10 inches) had
(1) a matrix chroma of two or less in mottled soils, or (2) a matrix chroma of one or less in unmottled soils.
SoUs in each area were closely examined for hydric soil indicators, including the following characteristics:
histosols
histic epipedons
sulfidic odor
aquic moisture regime
reducing conditions
gleyed or low-chroma colors
concretions
high organic content in surface layer of sandy soils
organic stieaking in sandy soUs
listed on local hydric soUs list
listed on national hydric soils list
Hydric soUs are assumed to be present in plant communities that have a complete dominance of obligate
or facultative wetland species. In some cases, there is only inundation during the growing season, and
determination must be made by direct observation during that season, recorded hydrologic data,
testimony of reliable persons and/or indication on aerial photographs.
SoU series/phase was determined by examination of area soU maps provided in the soil survey for the
area.
B. Non-vegetated Waters of the United States
The non-vegetated (non-wetland) Waters of the U.S. designation was met when an area exhibited positive
indicators within the hydrologic criteria, but lacked sufficient indicators to meet the hydrophytic
vegetation and/ or hydric soUs criteria. For purposes of delineation and jurisdictional designation, non-
vegetated Waters of the U.S. must exhibit an OHWM created by periodic surface flow. The boundaries of
non-vegetated Waters of the U.S. were delineated at the OHWM as described in the Section 404
regulations (33 CFR Part 328).
A-3
II. State Regulations
A. Califomia Department of Fish and Game Regulations
The Califomia Department of Fish and Game (CDFG) regulates alterations or impacts to streambeds or
lakes (wetlands) under Fish and Game Code 1601 for govemment or public utility initiated projects, and
imder Code 1603 for privately initiated projects. The CDFG requires a Streambed/Lake Alteration
Agreement (SAA) for projects that will divert or obstruct the natural flow of water, change the bed,
channel or bank of any stream, or use any material from a streambed. The SAA is a contiact between the
applicant and the CDFG stating what can be done in the riparian zone and stieam course (Califomia
Association of Resource Conservation Districts). Intermittent streams and natural drainage channels are
also regulated under Fish and Game Code 1601 and 1603 and require a SAA.
Fish and Game code 1601 regulates these areas as foHows: "Except as hereinafter provided, general plans
sufficient to indicate the nature of a project for construction by, or on behalf of, any govemmental agency,
state or local, and any public utility, of any project which will divert, obstruct or change the natural flow
or bed, channel or bank of any river, stream or lake designated by the department in which there is at any
time an existing fish or wildlife resource or from which these resources derive benefit, or will use material
from the streambeds designated by the department, shall be submitted to the department. When an
existing fish or wildlife resource may be substantially adversely affected by such construction, the
department shaU notify the governmental agency or public utility of the existence of such fish or wUdlife
resource together with a description thereof and wUl propose reasonable modifications in the proposed
constmction as would allow for the protection and continuance of the fish or wUdlife resource, including
procedures to review the operation of such protective measures." "Agencies or public utilities proposing
projects affected by this section shall not commence such operations until the department has found that
such project wUl not substantiaUy adversely affect an existing fish or wUdlife resource or imtil the
depcutment's proposals, or the decisions of a panel of arbitiators, have been incorporated into such
projects." Projects that faU under these guidelines wiU require a 1601 Streambed/Lake Alteration
Agreement.
Fish and Game Code Section 1603 regulates these areas as follows: "It is unlawful for any person to
substantiaUy divert or obstmct the natural flow or substantially change the bed, charmel or bank of any
river, stream or lake designated by the department, or use any material from the streambeds, without
first notifying the department of such activity, except when the department has been notified pursuant to
Section 1601." Also, "It is unlawful for any person to commence any activity affected by this section untU
the department has found it wiU not substantially adversely affect an existing fish or wildlife resource or
untU the department's proposals, or the decisions of a panel of arbitrators, have been incorporated into
such projects." Projects that faU under these guidelines will require a 1603 Stieambed/Lake Alteration
Agreement.
B. Section 401 Certification
The Calif ornia Regional Water Quality Control Boards (RWQCB) require Federal Clean Water Act (CWA)
Section 401 Water Quality Certification. Federal CWA Section 401 requires that every appUcant for a U.S.
Army Corps of Engineers CWA Section 401 permit or a Rivers and Harbors Act Section 10 pennit must
request State certification from the Regional Board that the proposed activity wiU not violate State and
Federal water quality standards.
A-4
REFERENCES
Califomia Association of Resource Conservation Districts. Guide To Stream Project Permitting for the State
of CaUfomia.
Califomia Department of Fish and Game. Fish and Game Code 1601 and 1603.
Califomia Department of Fish and Game. Streambed/Lake Alteration Notification Guidelines.
A-5
Appendix B
WETLAND DELINEATION
FIELD DATA FORMS
Appendix B
WETLAND DELINEATION FIELD DATA FORMS
(Available Upon Request)