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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)