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INFRASTRUCTURE & ENVIRONMENT
<br />REQUEST FOR APPROVAL
<br />L "irok
<br />1/16/13 1 RFA SNA001
<br />Santa Ana Delhi
<br />Urban Discharge Diversion
<br />Prniwet
<br />jurisdictional riparian areas within the study area boundaries. It will also include Project-specific details associated with
<br />vegetation communities, soils, and hydrology of aquatic resources within the study area and will include a photolog of
<br />aquatic resources. A Preliminary Jurisdictional Determination, rather than an Approved Jurisdictional Determination, will
<br />be requested from the USACE in order to expedite the permitting process. A Preliminary Jurisdictional Determination is a
<br />formal letter from the USACE stating that Waters of the U.S. "may be" present on site and assumes federal jurisdiction.
<br />Task 2.06: Aquatic Resource Permitting: The study area includes special aquatic resource areas that will be impacted
<br />by the proposed diversion facility in the Santa Ana-Delhi Channel. Completion of Clean Water Act (CWA) Section 401
<br />and Section 404, and California Fish and Game Code (CFGC) 1602 (et seq.) permit applications are most likely required
<br />to execute the Project. Within this scope of work, URS will prepare and submit a USACE CWA Section 404 Nation Wide
<br />Permit (NWP) Preconstruction Notification (PCN) package. The NWP Program provides applicants with a streamlined
<br />USACE evaluation and approval process for certain types of activities that have minimal impacts to jurisdictional aquatic
<br />environments. If this is feasible based on the total disturbance footprint, then it will significantly reduce the federal permit
<br />processing time and expense. The Project appears to qualify for NWP 43, Stormwater Management Facilities, so long as
<br />impacts to Waters of the U.S. are under 0.5 acre, 300 linear feet, and no construction will occur within perennial streams.
<br />It is assumed that the Santa Ana-Delhi Channel is seasonal, rather than perennial. If NWP 43 is not acceptable due to
<br />perennial flows within the channel, then NWP 18, Minor Discharges, may be potentially used.
<br />The RWQCB has determined that an individual 401 water quality certification may be required for most nationwide
<br />permits. URS will submit a CWA Section 401 Water Quality Certification (WQC) application to the RWQCB. The WQC is
<br />required for those applicants seeking a federal permit (e.g., CWA Section 404 permit) to discharge fill material into Waters
<br />of the State and/or Waters of the U.S. The USACE will not grant authorization until the WQC has been obtained or has
<br />been waived.
<br />The CDFG regulates all activities that modify the bed, bank, or channel of streams, lakes, and their associated riparian
<br />habitats under Section 1600 (et seq.) of the CFGC. A CDFG Lake and Streambed Alteration Agreement (LSAA) will be
<br />required for all activities resulting in impacts to streambeds and associated riparian habitats. URS will prepare and submit
<br />a LSAA package to CDFG to obtain CFGC 1602 (et seq.) compliance.
<br />URS will also informally correspond with applicable state and federal regulatory and resource agencies (e.g., CDFG,
<br />USACE, and RWQCB) as needed during the permitting phase to identify potential data requirements, minimization, and/or
<br />avoidance measures, and mitigation, if needed, to implement the Project.
<br />Assumptions for Biological Resources, Jurisdictional Delineation and Agency Permitting:
<br />• The preferred alternative will be finalized prior to permit application submission.
<br />• The City will provide to-scale plan view and elevation or cross section design plans that depict the Project
<br />footprint and temporary and permanent impact areas (e.g., storage, staging, access route, etc.). These plans will
<br />be compatible with GIS, Microstation, or Auto CAD, if possible.
<br />• The City will provide any necessary Project-specific documentation and components for application packages,
<br />which may include, but us not limited to, an hydrology/drainage report, water diversion plan (if work will be
<br />completed in wet portions of the channel), Best Management Plans, cubic yards of cut and fill, construction period
<br />and duration, and any other relevant documents and data required for permit applications other than the requisite
<br />items produced in this scope.
<br />• This scope assumes that the project can be permitted through a Nationwide Permit and does not include the
<br />production of an Individual Permit.
<br />• This scope does not include Federal or California Endangered Species Act (ESA) protocol surveys, consultation,
<br />or ESA permitting, if necessary for Project implementation.
<br />• This scope does not include a compensatory mitigation plan for Project impacts to special aquatic resource areas.
<br />Pagel 6
<br />T:\071\CITY OF SANTA ANA\URBAN DISCHARGE WATER DIVERSION (29880113)\2 - CONTRACTSW. CONTRACT\2 -CHANGE
<br />ORDERS\REOUEST FOR APPROVAL 001-20120803 DOCX
<br />25H-48
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