Page 62 - _ 180314 Special Yucaipa GSA Packet

2.3. USACE SECTION 404 PERMIT FOR DREDGE AND FILL DISCHARGES

The proposed work is governed under the Clean Water Act, Section 404, which is
administered by the USACE. The USACE issues nationwide permits (NWPs) to authorize
activities under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors
Act of 1899 that will result in no more than minimal individual and cumulative adverse
environmental effects. The NWP program is designed to provide timely authorizations for
the regulated public while protecting the Nation’s aquatic resources.

The work proposed by Valley District is consistent with NWP 6, “Survey Activities” (see
Appendix B of this Work Plan). NWP 6 does not require formal notification to the USACE or
USACE approval but does require that Valley District maintain a good record of all project
activities and results. NWP 6 also identifies a list of General Conditions that the Valley
District must follow for compliance. NWP 6 does not require mitigation as long as the terms
of the General Conditions are met.

It should be noted that for SBCFCD facilities, SBCFCD may require that Valley District
demonstrate compliance with permits from other agencies. Because the project falls within
the guidelines of USACE NWP 6, which does not require approval from the USACE, Valley
District can prepare a standard USACE Pre‐Construction Notification Form (PCN) for
inclusion in the SBCFCD permit documentation.

2.4. REGIONAL WATER QUALITY CONTROL BOARD

The proposed work is governed under the Clean Water Act, Section 401, administered by
the Regional Water Quality Control Board (RWQCB). Pursuant to title 23, section 3838 of the
California Code of Regulations, the RWQCB reviews the USACE Nationwide Permit Program
developed for Clean Water Act Section 404 and determines the level of state‐required
permitting necessary for Clean Water Act Section 401 compliance.

Because the project falls under the USACE NWP 6, the RWQCB has determined that this type
of project is exempt from the California Environmental Quality Act (CEQA) review since their
activities should not have a significant effect on the environment, either individually or
cumulatively.

However, the RWQCB requires that a notification be submitted on the 2012 Certified
Nationwide Permit Notification Form, which is provided in Appendix C of this Work Plan.
The signed notification, along with the applicable fees, must be submitted to the Santa Ana
Regional Water Quality Control Board, with a copy to the State Water Board, not less than
45 days before any activity which may result in a discharge is commenced. To avoid project
delays, Valley District should submit the notification and fees as early as possible.

Final Infiltration Test Work Plan for
Thirteen Investigation Sites
Yucaipa Valley, CA 9 TODD GROUNDWATER

Yucaipa Groundwater Sustainability Agency - March 14, 2018 - Page 61 of 226