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SAN LEANDRO SHORELINE DEVELOPMENT DRAFT EIR <br />CITY OF SAN LEANDRO <br />HYDROLOGY AND WATER QUALITY <br />4.8 HYDROLOGY AND WATER QUALITY <br />This chapter discusses the regulatory framework, existing conditions, and impacts of the proposed Project <br />related to hydrology and water quality. <br />4.8.1 ENVIRONMENTAL SETTING <br />4.8.1.1 REGULATORY FRAMEWORK <br />This section summarizes key federal, State, regional and local policies and regulations pertaining to <br />hydrology and water quality that are applicable to the proposed Project. <br />Federal Regulations <br />Clean Water Act <br />The U.S. Environmental Protection Agency (EPA) is the lead federal agency responsible for water quality <br />management. The Clean Water Act (codified at 33 U.S.C. Sections 1251-1376) of 1972 is the primary <br />federal law that governs and authorizes water quality control activities by the EPA, as well as the states. <br />Various elements of the Clean Water Act address water quality, and they are discussed below. <br />Permits to dredge or fill waters of the United States are administered by the U.S. Army Corps of Engineers <br />(Army Corps) under Section 404 of the Clean Water Act. "Waters of the United States" are defined as all <br />waters subject to the ebb and flow of the tide (which includes harbors), interstate waters, water <br />impoundments, streams, rivers, and wetlands. The regulatory branch of the Army Corps is responsible for <br />implementing and enforcing Section 404 of the Clean Water Act and issuing permits. Any activity that <br />discharges fill material and/or requires excavation in waters of the United States must obtain a Section <br />404 permit. Before issuing the permit, the Army Corps requires that an analysis be conducted to <br />demonstrate that the proposed project is the least environmentally damaging practicable alternative. <br />Also, the Army Corps is required to comply with the National Environmental Protection Act (NEPA) before <br />it may issue an individual Section 404 permit. <br />Under Section 401 of the Clean Water Act, every applicant for a Section 404 permit that may result in a <br />discharge to a water body must first obtain State Water Quality Certification that the proposed activity will <br />comply with State water quality standards. Certifications are issued in conjunction with Army Corps <br />Section 404 permits for dredge and fill discharges. In addition, a Water Quality Certification must be <br />sought for any activity that would result in the placement of structures in waters of the United States that <br />are not jurisdictional to the Army Corps, such as isolated wetlands, to ensure that the proposed activity <br />complies with State water quality standards. In California, the authority to either grant water quality <br />certification or waive the requirement is delegated by the State Water Resources Control Board (SWRCB) <br />to its nine Regional Water Quality Control Boards (RWQCBs). <br />Under federal law, the EPA has published water quality regulations under Volume 40 of the Code of <br />Federal Regulations (40 CFR). Section 303 of the Clean Water Act requires states to adopt water quality <br />standards for all surface waters of the United States. As defined by the Clean Water Act, water quality <br />standards consist of two elements: (1) designated beneficial uses of the water body in question and (2) <br />PLACEWORKS 4.8-1 <br />