Appendix A Natural Environment Study (Minimal Impacts)

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Natural Environment Study (Minimal Impacts) construction vehicles or for detour routes would be reconstructed and restored to pre - construction conditions or better prior to project completion. Construction is currently scheduled to start in the spring of 2020. Construction is planned to last approximately 2 years, and no construction activities would last more than 5 years at any individual location. 2. Study Methods 2.1. Regulatory Requirements 2.1.1. Review of Jurisdiction Subject to Section 404 of the Clean Water Act Pursuant to Section 404 of the Clean Water Act (CWA), the United States Army Corps of Engineers (USACE) regulates the discharge of dredged and/or fill material into waters of the United States. "Waters of the United States" is defined in 33 Code of Federal Regulations (CFR) Part 328 and currently includes: (1) all navigable waters (including all waters subject to the ebb and flow of the tide), (2) all interstate waters and wetlands, (3) all impoundments of waters mentioned above, (4) all tributaries to waters mentioned above, (5) the territorial seas, and (6) all wetlands adjacent to waters mentioned above. 2.1.2. Review of Jurisdiction Subject to Section 1600 of the California Fish and Game Code Pursuant to Division 2, Chapter 6, Sections 1600-1602 of the California Fish and Game Code, the California Department of Fish and Wildlife (CDFW) regulates all diversions, obstructions, or changes to the natural flow or bed, channel, or bank of any river, stream, or lake that supports fish or wildlife. Unlike the USACE, the CDFW regulates not only the discharge of dredged or fill material, but all activities that alter streams and lakes and their associated habitats. These additional areas include some artificial stock ponds and irrigation ditches constructed on uplands and the riparian habitat supported by a river, stream, or lake regardless of the riparian area's federal wetland status. In addition, the lateral extent of a streambed may, in some situations, extend to include broader cross -sectional widths of drainages and floodplains above and beyond the area contained within the ordinary high water mark (OHWM), depending on the hydrological regime of a stream or river. For this reason, the dimensions of a CDFW jurisdictional streambed may vary substantially from the measured OHWM within the same stream or river. ................................................................................................................................................ . 8 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project