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JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS <br />N OVEMRER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT J" <br />$ANTA ANAL CALIFORNIA <br />CONCLUSIONS <br />UNITED STATES ARMY CORPS OF ENGINEERS JURISDICTION <br />The Santa Ana River is subject to potential Corps jurisdiction pursuant to Section 404 of the CWA. <br />This drainage exhibits an OHWM, conveys intermittent flows, and has a direct nexus to the Pacific <br />Ocean (a TNW); therefore, Drainage 1 (Santa Ana River) would be considered a water of the U.S. In <br />addition, the Santa Ana River is a USACE facility under Section 14 ("Section 408") of the Rivers and <br />Harbors Act of 1899, so Section 408 permission will also be required for the Project. Table B <br />provides a breakdown of the drainage acreage within the study area that is subject to potential <br />Corps jurisdiction. <br />Table B: Delineated Corps Jurisdictional Areas <br />Drainage ID <br />Nonwetland Waters <br />Wetlands <br />Total Corps Jurisdiction <br />(acres) <br />(acres) <br />(acres) <br />Drainage 1 (Santa Ana River) <br />4.18 <br />4.18 <br />Note: Totals are rounded to two decimal places. <br />CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE JURISDICTION <br />CDFW jurisdiction in the Jurisdictional Delineation Limits is associated with Drainage 1. This feature <br />is defined by a channel bed and bank, and functions as an intermittent drainage; therefore, it would <br />be subject to potential CDFW jurisdiction pursuant to Section 1602 of the California Fish and Game <br />Code. Table C provides a summary of the CDFW jurisdictional areas within the Jurisdictional <br />Delineation Limits. <br />Table C: Delineated CDFW Jurisdictional Areas <br />Drainage ID Total CDFW Jurisdiction (acres) <br />Drainage 1 (Santa Ana River) 5.55 <br />REGIONAL WATER QUALITY CONTROL BOARD JURISDICTION <br />RWQCB jurisdiction was determined based on the federal definition of waters of the U.S., as <br />recommended by the State Water Resources Control Board's Workplan: Filling the Gaps in Wetland <br />Protection (2004). As such, RWQCB jurisdiction is considered coincident with Corps jurisdiction for <br />purposes of Section 401 certification. <br />DISCLAIMER <br />The findings and conclusions presented in this report, including the locations and extents of <br />wetlands and other waters subject to regulatory jurisdiction (or lack thereof), represent the <br />professional opinion of the consultant biologists. These findings and conclusions should be <br />considered preliminary until verified by the appropriate regulatory agencies. <br />\\vcorpl2\projects\WKE1702\NES-MI\November 2018 Submittal\Fairview Street Improvements_Draft JD 110918.docx u11/09/18» 12 <br />