Appendix A Natural Environment Study (Minimal Impacts)

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Natural Environment Study (Minimal Impacts) 2.1.3. Review of Jurisdiction Subject to Section 401 of the Clean Water Act The Regional Water Quality Control Board (RWQCB) is responsible for the administration of Section 401 of the CWA. Typically, the areas subject to RWQCB jurisdiction coincide with those of the USACE (i.e., waters of the United States, including any wetlands). The RWQCB also asserts authority over waters of the State under waste discharge requirements pursuant to the Porter -Cologne Water Quality Control Act (Porter -Cologne Act). 2.1.4. Rivers and Harbors Act of 1899/General Bridge Act of 1946 The Rivers and Harbors Act is a federal law regulating activities that may affect navigation on the nation's waterways, and a discussion of those sections follows. Sections 9 and 10 of the Rivers and Harbors Act and Section 9 of the General Bridge Act require authorization for structures (including bridges) in or over any navigable waters of the U.S. Section 14 of the Rivers and Harbors Act (33 United States Code 408), commonly referred to as "Section 408" provides that the Secretary of the Army, on the recommendation of the Chief of Engineers, may grant permission for the temporary occupation or use of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States. Permission from the USACE is required for the use, including modifications or alterations, of any flood control facility work built by the U.S. to ensure that the usefulness of the federal facility is not impaired. The permission for occupation or use is to be granted by the "appropriate real estate instrument in accordance with existing real estate regulations." For USACE facilities, the Section 408 approval, known as Section 408 permit, is required. 2.1.5. Federal Endangered Species Act Under provisions of Section 7(a)(2) of the Federal Endangered Species Act (FESA), a federal agency that permits, licenses, funds, or otherwise authorizes a project activity must consult with the United States Fish and Wildlife Service (USFWS) to ensure that its actions would not jeopardize the continued existence of any listed species or destroy or adversely modify critical habitat that may be affected by the Project. 2.1.6. California Endangered Species Act The California Endangered Species Act (CESA) is administered by CDFW and prohibits the take of plant and animal species identified as either threatened or endangered in the State of California by the Fish and Game Commission (Fish and ................................................................................................................................. . Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project