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The Ridge Pioperty
JURISDICTIONAL DELINEATION REPORT
January 21, 1999
Prepared for:
VEIAGES OF LA COSTA
2300 Alga Road
Carlsbad, Califomia 92009
Prepared by:
HELIX E>MRONMENTAL PLANNING, INC.
8100 La Mesa Boulevard, Suite 150
La Mesa, Califorma 91941-6452
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JURISDICTIONAL DELINEATION REPORT FOR
THE RIDGE PROPERTY
TABLE OF CONTENTS
INTRODUCTION '. 1
METHODS 1
RESULTS 2
A. Description of Site 2
B. Findings 2
1. Federal Jurisdictional Areas 2
a. Non-vegetated Waters of tihe U.S. On Site 3
2. State Jurisdictional Areas 3
IMPACTS : 4
CONCLUSION 4
LITERATURE CITED 5
APPENDIX A Federal and State Jurisdictional Definitions A-l
LIST OF HGURES
Follows
No. Title Page
1 Regional Location Map 1
2 Project Vicinity Map 1
3 Ridge Property Jurisdictional Delineation Map Pocket
LIST OF TABLES
No. Title Page
1 Proposed Impacts to Jurisdictional Areas of the Ridge Property 3
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INTRODUCTION
This report documents the results of a focused jurisdictional delineation of the Ridge property conducted
for the Villages of La Costa. 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 404
of the Qean 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 emd permit requirements associated witii the proposed
project The work was conducted by biologists with HELIX Environmental Planning, Inc. (HELIX).
The approximately 464-acre property is located in the City of Carlsbad, in west-central San Diego County,
Califomia (Figures 1 and 2). It is located north and west of San Marcos Creek, east of El Fuerte Street, and
south of Alga Road and Xana Way. The site consists of imdeveloped land. Adjoining properties consist
of developed land to the north, west and south, and undeveloped land to the east. The undeveloped
property to the east of the site is also owned by the Villages of La Costa, and is proposed for future
development as well as open space coimections witii portions of the Ridge property as a part of the
m Habitat Management Plan for Natural Communities in the City of Carlsbad (City of Carlsbad 1997). On-
site elevations range from approximately 290 feet in tiie south to 730 feet in the north-central part of the
*• property.
METHODS
Prior to beginning field work, a color aerial photograph (dated: prior to 1998, scale approximately: 1 inch
^ = 400 feet), a development plan (Conceptual Lotting Study, Hunsaker & Associates, 4/24/98; scale: 1 inch
= 200 feet), topographic and vegetation maps (scale: 1 inch = 200 feet), and a United States Geological
Survey (USGS) map (scale: 1 inch = 2,000 feet) were reviewed to determine the location of potential
jurisdictional areas which could be impacted by the project. A focused delineation was conducted in
areas of proposed development on September 1, 1998 by HELIX Biologists W. Larry Sward and Peter
— Allen. All areas that were suspected jurisdictional Waters of the United States (U.S.) were evaluated for
the presence of wetiands and non-vegetated Waters of the United States as well as CDFG jurisdictional
habitats. Each area was inspected according to federal wetland delineation guidelines. Wetiand
^ botmdaries were determined using the three criteria (vegetation, hydrology, and soils) established for
wetland delineations, as described in the Wetlands Delineation Manual (Environmental Laboratory 1987).
— Other references included: Field Guide for Wetland Delineation (Wetland Training Institute 1995),
Memorandum: Clarification and Interpretation of the 1987 Manual (ACOE 1992), and Memorandum:
Questions and Answers on 1987 Manual (ACOE 1991).
Soils information was taken from Field Office Official List of Hydric Soils Map Units for San Diego Area,
Califomia (USDA 1992), and Soil Survey for the San Diego Area (Bowman 1973). Soils colors were identified
^ according to Munsell's Soil Color Charts (KoUmorgen 1990).
m Plants were identified according to The Jepson Manual, Higher Plants of Califbmia (Hickman 1993), A Flora
of San Diego County, Califomia (Beauchamp 1986), and A Flora of Southem Califomia (Munz 1974). Wetland
indicator categories of plant species were determined according to List of Plant Species that Occur in
^ Wetlands (Reed 1988), and plant nomenclature used in this report is consistent with Hickman (1993).
HELIX
Jurisdictional Delineation Report for Tlie Ridge Property/MDI-06/Jammry 21,1999
I RIVERSIDE
COUNTY
PROJECT
LOCATION
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POINT LOMA
NOTTOSCALE ROSARrro
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Regional Location Map
THE RIDGE PROPERTY Figure
•' SourcB: USGS 7.5 min Quadrangles;" Encinitas and Rancho Santa F6»
Project Vicinity Map
THE RIDGE PROPERTY
^ An overview of the definitions of ACOE wetiands and jurisdictional Waters of the U.S. is presented in
Appendix A. Definitions of CDFG jurisdictional areas are also presented in Appendix A. Areas were
determined to be non-vegetated Waters of the U.S. if there was evidence of regular surface flow (e.g., bed
m and bank), but vegetation criteria was lacking. Unvegetated areas encompassed by the ordinary high
water mark (OHWM) were then measured.
If an area was suspected of being an ACOE jurisdictional wetiand, vegetation and hydrology indicators
were noted, and a soil pit was dug and described if the area satisfied tiie first two criteria. An area is
•Ml determined to be a jurisdictional wetland if it satisfies the three criteria (vegetation, hydrology and soil).
^ All potential wetiands/Waters of the U.S. were sampled in areas to be impacted by the proposed project,
and were measured and mapped in the field. A summary of the findings is included in the Results
_ section.
RESULTS
A. DESCRIPTION OF SITE
The Ridge property consists of a large hill with gradual to steeply descending slopes aroimd it, which
primarily drain into San Marcos Creek, and eventually into the Batiquitos Lagoon. The property is
covered by native habitats with the exception of several disturbed areas and a water tower on tihe hill in
the nortii-central area of the site. The Habitat Conservation Plan/Ongoing Multi Species Plan (City of
Carlsbad 1995) identified the following 5 habitat f3^es on site: Diegan coastal sage scrub, chaparral
(southem mixed chaparral), grassland (non-native grassland), riparian scmb and woodland, and
disturbed habitat.
Four soil types are present on site, with the chief soil type Exchequer rocky silt loam making up about 90
percent of the site. Exchequer rocky silt loam, 9-30 percent slopes occur on the central and southem
portions of the site, and Exchequer rocky silt loam, 30-70 percent slopes occur along San Msircos Creek.
Several soil types occur in the northem area of the site including: San Miguel rocky silt loam, 9-30
percent slopes; Huerhuero loam 5-9 percent slopes, eroded; and Altamont clay, 5-9 percent slopes. None
of these soil types are described as being potentially hydric soils (USDA 1992), but areas where soils are
inundated for at least 7 consecutive days or saturated for at least 15 consecutive days during the growing
season of an average year are considered hydric soils (ACOE 1992).
B. HNDINGS
1. Federal Turisdictional Areas
Within the proposed development area of the Ridge property, there were no areas where wetland
vegetation, hydrology, and soils criteria were met However, ACOE jurisdictional non-vegetated Waters
of the U.S. were present, and were measured and mapped in the field (Figure 3). A total of 4,725
cumulative linear feet, or 0.11 acre, of jurisdictional non-vegetated Waters of the U.S. occur in the area
impacted by the project (Table 1).
HELIX
Jurisdictioiml Delineation Report for Vie Ridge Property / MDI-06 / January 21,1999
Table 1
PROPOSED IMPACTS TO JURISDICTIONAL AREAS OF THE RIDGE PROPERTY
ACOE/CDFGi
Jurisdiction - Resource
Impacts (acres) Preserved (acres)
Jurisdiction - Resource The Ridge Property Project^ Estimate of Preserved Areas^
Wetiands
Southern willow scmb 19.9
Non-Veeetated Habitats
Streambed 0.11 0.2
Open Water 0.25
TOTALS 0.11 20.35
^ Impacts to ACOE and CDFG jurisdictional areas are the same
2 Development footprint is based on the plan titled: Habitat Conservation Plan Exhibit, Villages of La Costa, La Costa
Oaks and Ridge; dated: September 17,1998; by: Hunsaker and Associates San Diego, Inc.
^ Estimate of preserved areas is based on habitat types from a plan titied: Habitat Conservation Plan Villages of La
Costa La Costa Oaks and Ridge; dated: December 29,1998; by: Hunsaker and Associates San Diego, Inc., and
consists of areas that were not formally delineated
a. Non-vegetated Waters of the U.S. On Site
Non-vegetated Waters of tiie U.S. occur in four drainages and their tributaries within the development
area on-site (Figure 3). Hydrology was evidenced by bed and bank scouring formed by the OHWM.
Drainages consisted of ephemeral streams that were not vegetated due to the regular conveyance of
water. These drainages and their tributaries varied in width from less than one foot to one foot
Following is a summary of each drainage and its tributaries:
The first drainage occurs in the nortii-eastem area of the site and drains to the east It has a total
jurisdictional length of approximately 1,225 feet The drainage has four tributaries, with the following
jurisdictional lengths: 235 feet, 125 feet, 75 feet and 50 feet.
The second drainage occurs in the eastern area of the site and drains to the east. It has a total
jurisdictional length of approximately 950 feet.
The third drainage occurs in the west-central area of the site and drains to tfie south into San Marcos
Creek. It has a total jurisdictional length of approximately 1,150 feet. The drainage has three tributaries,
with the following jurisdictional lengths: 260 feet, 110 feet, and 50 feet
The fourth drainage occurs in the southwestern area of the site and drains to the south into San Marcos
Creek. It has a total jurisdictional length of approximately 200 feet
2. State Turisdictional Areas
CDFG jurisdictional areas include all ACOE jurisdictional areas (Figure 3). CDFG jurisdictional areas
also include additional areas with riparian or wetiand vegetation that may not meet federal jurisdictional
wetiand criteria, however, no such areas were found on site. The area of streambed impacted by the
project is the same as the area of Waters of the U.S. (Table 1).
HELIX
Jurisdictional Delineation Report for Vte Ridge Property / MDI-06 / January 21,1999
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IMPACTS
Permanent impacts will result from the development of the Ridge project. Within the proposed areas of
development in the Ridge property, a total combined length of approximately 4,725 feet of ephemeral
drainages (non-vegetated Waters of the U.S.) are proposed to be impacted. Jurisdictional areas consisted
of four ephemeral streams and their tributaries. The Federal (ACOE) and State (CDFG) jurisdictional
impacts consist of approximately 0.11 acre of non-vegetated Waters of the U.S. (streambed; Table 1 and
Figure 3).
Impacts to non-vegetated Waters of the U.S. are regulated by the ACOE under Section 404 of the Clean
Water Act (33 U.S.C. 1344). Waters of tiie U.S. are typically regulated under a "no net loss" policy by the
ACOE, and any impacts to ACOE jurisdictional wetiands areas will require mitigation.
CONCLUSION
Impacts to non-vegetated Waters of the U.S. are regulated by the ACOE under Section 404 of the Clean
Water Act (33 U.S.C 1344). The permit requiremente under Section 404 for the project could eitiier be a
Nationwide 26 or an individual permit. The project may qualify for a Nationwide 26 permit if still valid,
or may require an individual permit based on the length of the non-vegetated drainage to be impacted
(individual permite are often required for impacte to drainages exceeding 500 feet). However, all
drainages to be impacted are non-vegetated ephemeral streambed, and generally are not considered in
the 500 linear feet requirement. Currentiy, the Nationwide 26 permit is expected to become obsolete on
September 15,1999. Use and reliance on this permit must begin before that date and be completed by
September 14, 2000. It is expected that the project will require a Nationwide 26 permit under Section 404
because of the small amoimt of impacte, and the non-vegetated nature of the jurisdictional areas, which
have a lower habitat value than a corresponding wetiand area. The final determination will depend upon
the timing of the project and direction from the ACOE.
Any inipacte to CDFG jurisdictional areas will require a Stieambed/Lake Alteration Agreement permit
and are regulated under Fish and Game Code Section 1603 (Attachment C).
A Califomia Regional Water QuaHty Control Board permit (401 Certification) will also be required
obtained prior to obtaining a 404 permit.
HEUX
Jurisdictional Delineation Report for Vie Ridge Property / MDI-06 / January 21,1999
LITERATURE CITED
ACOE. 1991. Memorandum: Questions and Answers on 1987 Manual. John F. Studt October 7,1991. 4
pages.
ACOE. 1992. Memorandum: Clarification and Interpretation of the 1987 Manual. Arthur E. Williams.
March 6,1992. 4 pages, plus attachmente.
Beauchamp, R. Mitehel. 1986. A Flora of San Diego County, Califomia. Sweetwater River Press.
National City, California.
Bowman, R. 1973. Soil Survev of the San Diego Area. USDA in cooperation with tiie USDI, UC
Agricultural Experiment Station, Bureau of Indian Affairs, Department of the Navy, and the
United States Marine Corps.
City of Carlsbad. December 1,1997. Habitat Management Plan for Natural Communities in the Citv of
Carlsbad. Agency Informal Review Draft.
City ofCarlsbad and Fieldstone/La Costa Associates. June, 1995. Habitat Conservation Plan/Ongoing
Multi-Species Plan for Properties in the Southeast Quadrant of the City of Carlsbad, California.
Environmental Laboratory. 1987. Army Corps of Engineers Wetiands Delineation Manual. Technical
Report Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. 100
pp. with Apjjendices.
Hickman, J. C. (Ed.). 1993. The Tepson Manual, Higher Plante of California. University of Calif omia
Press, Berkeley, 1400 pp.
KoUmorgen Instmmente Corporation. 1990. Munsell Soil Color Charte. Baltimore, MD.
Munz, P. A. 1974. A Flora of Southem Califomia. University of California Press, Berkeley. 1086 pp.
Reed, P. B., Jr. 1988. National List of Plant Species fliat Occur in Weflands: Califomia (Region 0). U.S.
Fish and Wildlife Service Biological Report 88 (26.10).
United States Department of Agriculture Soil Conservation Service. 1992. Hydric Soil Liste. Field Office
Official List of Hydric Soils Map Unite for San Diego Area, California. Section n Field Office
Technical Guide. Davis, California.
Wetiand Training Institute, Inc. 1995. Field Guide for Wetland Delineation: 1987 Corps of Engineers
Manual. WTI 95-3. 143 pp.
HELIX
Jurisdictional Delineation Report for Vie Ridge Property/MDI-06/January 21,1999
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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) jointiy define wetiands as: "Those 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 tjrpically 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 limite 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 currentiy 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 otiier waters such as interstate lakes, rivers, sfreams [including
intermittent stieams], mudflate, sandflate, wetiands, 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 ttavelers 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 industties in interstate commerce; or wetiands adjacent to waters [other than waters that are
themselves wetlands]."
"Non-tidal waters of the United States. The limite 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 tiie jurisdiction extends to tiie limit of tihe adjacent wetiands."
"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 surrounding 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. Wetiand boundaries were determined using the three mandatory criteria (plant soils, and
hydrology) established for wetiand delineations and described witiiin the Wetiands Delineation Manual
(Environmental Laboratory 1987) and subsequent regulatory guidance letters (March 6,1992; October 7,
1991). Following is a brief discussion of the three criteria and how they were evaluated.
1. Vegetation
"Hydrophytic vegetation is defined herein as the sum total of macrophytic plant life that occurs in areas
where the frequency and duration of inundation or soil saturation produce permanentiy or periodically
saturated soils of suffident duration to exert a conttoUing influence on the plant species present"
(Environmental Laboratory 1987).
A-l
The wetiand indicator status (obUgate upland, facultative upland, facultative, facultative wetiand,
obUgate wetland, or no indicator status) of tiie dominant plant species of aU vegetative layers were
determined. Species considered to be wetland or hydroph5rtic includes the classifications of facultative,
facultative wetiand, and obUgate wetland as defined by Reed (1988)(Table Al). The percent of dominant
wetiand plante was calculated. The wetland vegetation criterion was considered to be met if more than
50% of ttie dominant plante within the area sampled were classified as a wetiand species.
Table Al
DEHNITIONS OF PLANT INDICATOR CATEGORIES
Indicator Categories ProbabiUty of Occurring in Wetlands
ObUgate wetiand Occur almost exclusively in wetiands
Facultative wetland UsuaUy found in wetiands (66-99% probabiUty), but
occasionally in uplands
Facultative EquaUy likely to occur in wetiand (34-66% probabiUty) or non-
wetiand
Facultative upland UsuaUy occur in non-wetiands, but occasionaUy foimd in
wetlands
ObUgate upland Occur almost exclusively in non-wetiands
Non indicator Inconclusive status
2. Hydrology
The term "wetland hydrology" encompasses aU hydrologic characteristics of areas that are periodicaUy
inundated or have soils saturated to the surface at some time during ihe growing season. Areas witii
evident characteristics of wetland 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 rainfaU year (approximately 18 days for most of
low-lying southern Califomia). Hydrology criteria were evaluated based on the characteristics described
in the foUowing Ust. Where positive indicators of wetiand hydrology were present, the limit of the
Ordinary High Water Mark (OHWM) was noted and mapped.
Hydrologic indicators include:
• inundated soils
• saturated soUs within 120 of the surface
• water marks
• drift lines
• sediment deposite
• drainage pattems in wetiands (meandering water course)
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• presence of oxidized root channels surrounding Uving roote (oxidized rhizospheres)
• water-stained leaves
• plante with hydrologicaUy induced morphological adaptations to prolonged inundation and/or
saturation (e.g., aerenchyma in roote and stems, adventitious roote, and/or pneumataphores)
• local soU survey data
• FAC-neuttal test (ratio of OBL + FACW : FACU + UPL)
• in the absence of aU other hydrologic indicators and in the absence of significant modifications of an
area's hydrologic function, positive hydric soU characteristics are assumed to indicate positive
wetiand hydrology
3. SoUs
"A hydric soU is a soU 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. Soil mattix and mottle colors were identified at each sampling point using a MunseU soU
color chart (KoUmorgen 1975). GeneraUy, an 18-inch or deeper pit was excavated with a shovel at each
sampUng 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 mattix chroma of two or less in mottied soUs, or (2) a mattix chroma of one or less in unmottied soils.
SoUs in each area were closely examined for hydric soU indicators, including the foUowing 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 stteaking in sandy soils
• listed on local hydric soUs list
• listed on national hydric soils list
Hydric soils 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.
Soil series/phase was determined by examination of area soU maps provided in the soU survey for ttie
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 witihin the hydrologic criteria, but lacked sufficient indicators to meet the hydrophytic
vegetation and/or hydric soils criteria. For purposes of delineation and jurisdictional designation, non-
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vegetated Waters of the U.S. must exhibit an OHWM created by periodic surface flow. The boimdaries of
non-vegetated Waters of the U.S. were delineated at the OHWM as described in the Section 404
regulations (33 CFR Part 328).
II. State Regulations
A. California Department of Fish and Game Regulations
The Califomia Department of Fish and Game (CDFG) regulates alterations or impacte to stteambeds or
lakes (wetiands) under Fish and Game Code 1601 for govemment or pubUc utiUty initiated projecte, and
under Code 1603 for privately initiated projecte. The CDFG requires a Stteambed/Lake Alteration
Agreement (SAA) for projecte that wiU divert or obstmct the natural flow of water, change tihe bed,
channel or bank of any stteam, or use any material from a stteambed. The SAA is a conttact between the
appUcant and the CDFG stating what can be done in the riparian zone and stteam course (CaUfornia
Assodation of Resource Conservation Distticte). Intermittent sfreams and natural drainage charmels are
also regulated under Fish and Game Code 1601 and 1603 and require a SAA.
Fish and Game code 1601 regulates these areas as foUows: "Except as hereinafter provided, general plans
sufficient to indicate the nature of a project for constmction by, or on behalf of, any governmental agency,
state or local, and any pubUc utiUty, of any project which will divert, obstmct or change the natural flow
or bed, channel or bank of any river, stteam or lake designated by the department in which there is at any
time an existing fish or wUdlife resource or from which these resources derive benefit or wiU use material
from the stteambeds designated by tiie department, shaU be submitted to the department. When an
existing fish or wildUfe resource may be substantiaUy adversely affected by such consttuction, the
department shaU notify the governmental agency or pubUc utiUty of the existence of such fish or wUdlife
resource together witti a description thereof and wiU propose reasonable modifications in the proposed
constmction as would aUow for the protection and continuance of tiie fish or wUdlife resource, including
procedures to review the operation of such protective measures." "Agencies or pubUc utiUties proposing
projecte affected by tihis section shaU not commence such operations untU tiie department has found that
such project wiU not substantiaUy adversely affect an existing fish or wildlife resource or untU the
department's proposals, or the decisions of a panel of arbittators, have been incorporated into such
projecte." Projecte that faU under these guidelines wiU require a 1601 Stteambed/Lake Alteration
Agreement.
Fish and Game Code Section 1603 regulates these areas as foUows: "It is unlawful for any person to
substantiaUy divert or obstmct the natural flow or substantiaUy change the bed, charmel or bank of any
river, stteam or lake designated by the department, or use any material from the stteambeds, 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 until
the departtnent has found it wiU not substantiaUy adversely affect an existing fish or wUdlife resource or
untU the department*s proposals, or the decisions of a panel of arbittators, have been incorporated into
such projecte." Projecte that faU imder these guidelines wiU require a 1603 Stteambed/Lake Alteration
Agreement.
B. Section 401 Certification
The CaUfomia Regional Water QuaUty Conttol Boards (RWQCB) require Federal Clean Water Act (CWA)
Section 401 Water QuaUty Certification. Federal CWA Section 401 requires that every appUcant for a U.S.
Anny Corps of Engineers CWA Section 401 permit or a Rivers and Harbors Act Section 10 permit must
request State certification from the Regional Board that ttie proposed activity wUl not violate State and
Federal water quaUty standards.
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REFERENCES
Califomia Assodation of Resource Conservation Distticte. Guide To Stteam Proiect Permitting for the
State of California.
CaUfomia Department of Fish and Game. Fish and Game Code 1601 and 1603.
CaUfornia Department of Fish and Game. Stteambed/Lake Alteration Notification Guidelines.
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