Page 117 - _ 180314 Special Yucaipa GSA Packet

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EDMUND G. BROY.N JR.
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MATTHew ROORIOUEZ
seCRETARY FOR
EN ,IRCN"":ENTAL Pr,.JTECTION
State Water Resources Control Board

APR 1 9 2012

Colonel William J. Leady, P.E.
District Commander
U.S. Army Engineer District, Sacramento
Corps of Engineers
1325 J Street
Sacramento, CA 95814-2922

Dear Colonel Leady:

CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION OF 2012
NATIONWIDE PERMITS

The previous U.S. Army Corps of Engineers (Corps) Nationwide Permits (NWPs) became
effective on March 19,2007, and expired on March 18,2012.

In your letter of February 23,2011, the State Water Resources Control Board (State Water
Board) was informed of the notification in the Federal Register regarding proposed NWPs for
2012. (76 Fed. Reg. 9174-01 (Feb. 16,2011 ).) The State Water Board subsequently received
notice of the final NWPs on February 21,2012. (77 Fed. Reg. 10184-01 (Feb. 21, 2012).) This
notice served as the Corps' complete application for a water quality certification (certification).
In your letter of February 29, 2012, you requested that the State Water Board review the newly
issued NWPs and determine whether to certify, certify with conditions, or deny certification
pursuant to Clean Water Act section 401 (33 U.S.C. § 1341).

In addition to the Corps' notice in the Federal Register, the State Water Board also posted
notice of the Corps' application for certification of the NWPs on our 401 Program web page at:
http://www.waterboards.ca.gov/water issues/programs/ cwa401/notices.shtml on
February 27,2012, for a 45 day noticing period which ended on April 12, 2012.

State Water Board staff reviewed the newly issued NWPs, considered comments received, and
determined whether to certify, certify with conditions, or deny certification for each of the NWPs.
Califomia's certification decision is required within 60 days, according to the notice in the
Federal Register; Le., by Monday, April 23, 2012.

For this action, the State Water Board is Lead Agency for the purposes of compliance with the
California Environmental Quality Act (CEQA) and is required to analyze the environmental
impacts and make a determination for each NWP. In considering this task and the timeframe

CHARLES R. HOPPIN, CHAIRMAN I THOM.S HCW"RD, EXECUTIVE DIRECTOR
1001 I Stn:3t. Sacramento, C>.95814 I I.tailing Addr"ss: P.O. Box 100. Sacramento, CA 95812-0100 I "NYI.w3terboards.ca.gov

o REOYOLEO PAPEA
Yucaipa Groundwater Sustainability Agency - March 14, 2018 - Page 113 of 226