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M A S T E R P L A N F O R L W D P The Army Corps of Engineers (USACE) has authority to regulate impacts to wetlands and waters of the U.S. under Section 404 of the Clean Water Act of 1972. Waters of the U.S. include tributaries to navigable waters such as Kottinger Creek which connects to San Francisco Bay via Alameda Creek. Impacts include activities such as the discharge of dredged or fill material into waters, addition of rip-rap, and addition of culverts and crossings. CDFW exercises jurisdiction over wetland and riparian resources associated with rivers, streams, and lakes (Code Sections 1600- 1607). CDFW has the authority to regulate any work that will divert, obstruct, or change the natural flow, bed, channel, or bank of a river, stream, or lake including the removal of riparian vegetation. The RWQCB is authorized to regulate any impacts that could affect the quality of the State's waters under the Porter-Cologne Water Quality Control Act and Section 401 of the Clean Water Act and Environmental Protection Agency 404(b)(1) guidelines.Therefore, even if a project does not require a federal permit it may still require review and approval of RWQCB. PROCESS The City has submitted a wetland delineation and Preliminary Jurisdictional Determination (PJD), including a report and map, to determine the full extent of potentially jurisdictional waters of the U.S.This submittal for verification is a first step in the USAGE permitting process. Once verified, the PJD is valid for five years, and requests to update or revise the PJD can be made at any time. Following the submittal of the PJD (which has taken place), several steps are required for completing the regulatory approval and permitting process including: consultation with U.S. Fish and Wildlife Service (USFWS) and other agencies; preparation of an agency-approved compensatory mitigation strategy; and possible preparation of a mitigation design and monitoring plan. • • • APPENDIX A A-3