Appendix A Natural Environment Study (Minimal Impacts)

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JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS A N OVEMBER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT `J" SANTA ANA, CALIFORNIA area is seasonally inundated or saturated to the surface for a minimum of 14 consecutive days during the growing season in most years (Corps 2008). Hydrology is often the most difficult criterion to measure in the field due to seasonal and annual variations in water availability. Indicators commonly used to identify wetland hydrology include visual observation of inundation or saturation, watermarks, recent sediment deposits, surface scour, and oxidized root channels (rhizospheres) resulting from prolonged anaerobic conditions. RIVERS AND HARBORS ACT The Rivers and Harbors Act (33 United States Code 408) 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. Navigable waters of the U.S. are defined as those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Navigable waters are a subset of waters of the U.S., described above. Under Section 10 of the Rivers and Harbors Act (RHA), Corps jurisdiction over navigable waters of the U.S. extends from the ordinary low tide 3 nautical miles seaward ("territorial seas") to the shoreward boundary of jurisdiction which extends to the line on the shore reached by the mean high water. This jurisdiction extends to this edge even though portions of the water body may be extremely shallow and are thus considered "navigable in law" although they may not be navigable in fact (33 CFR 329.12). Work in, over, under, or affecting tidally influenced waters requires authorization under Section 10 of the RHA. Section 14 of the Rivers and Harbors Act, 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. CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE The California Department of Fish and Wildlife (CDFW), through provisions of the California Fish and Game Code (Section 1600 et seq.), is empowered to issue agreements for any alteration of a river, stream, or lake where fish or wildlife resources may be adversely affected. Streams (and rivers) are defined by the presence of a channel bed and banks and at least an intermittent flow of water. The CDFW regulates wetland areas only to the extent that those wetlands are part of a river, stream, or lake as defined by the CDFW. In obtaining CDFW agreements, the limits of wetlands are not typically determined. This is because the CDFW generally includes, within the jurisdictional limits of streams and lakes, any riparian \\vcorp12\projects\WKE1702\N ES- MI\November 2018 Sub mittal\Fairview Street I m proveme nts_Draft JD 110918.docx all/09/18»