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SAN LEANDRO SHORELINE DEVELOPMENT DRAFT EIR <br />CITY OF SAN LEANDRO <br />HYDROLOGY AND WATER QUALITY <br />The analyses rely on a combination of hydrodynamic models and wave models to calculate elevated still <br />water levels (SWELs), wave heights, and overland wave propagation that will be used to produce updated <br />FIRM panels. These analyses along with local topographic data will to be used to evaluate the location and <br />extent of Special Flood Hazard Areas (SFHAs) and base flood elevations (BFEs). The preliminary maps will <br />be produced in 2015.5 However, a preliminary map provided by FEMA shows the portion of the project <br />south of Pescador Point Drive would be eliminated from the 100 -year floodplain but the areas east of <br />Monarch Bay Drive would be within the 100 -year floodplain.' <br />Rivers and Harbors Act of 1899 <br />Under the Rivers and Harbors Act of 1899, the Army Corps requires permits for activities involving the <br />obstruction of the navigable capacity of any waters of the United States or the construction of any <br />structures in or over navigable waters of the United States, including ports, canals, navigable rivers or <br />other waters. "Navigable waters" under Section 10 of the Rivers and Harbors Act are defined as "those <br />waters of the United States that are subject to the ebb and flow of the tide shoreward to the mean high <br />water mark and/or are presently used, or have been used in the past, or may be susceptible to use to <br />transport interstate or foreign commerce" Pursuant to Section 10 of the Rivers and Harbors Act, the Army <br />Corps administers this regulatory program separate from the Section 404 program. A Section 10 permit <br />may be required for structures or work outside the limits of navigable waters if the structure or work <br />affects the course, location, condition, or capacity of the water body. <br />Fish and Wildlife Coordination Act <br />The Fish and Wildlife Coordination Act (FWCA) provides the basic authority for the U.S. Fish and Wildlife <br />Service (FWS) to evaluate impacts to fish and wildlife from proposed water resource development <br />projects. This Act requires that all federal agencies consult with the FWS, the National Marine Fisheries <br />Service, and State wildlife agencies (i.e., the California Department of Fish and Wildlife) for activities that <br />affect, control, or modify waters of any stream or bodies of water. Under the Act, the FWS has <br />responsibility for reviewing and commenting on all water resources projects. For example, the FWS would <br />provide consultation to the Army Corps with regard to issuance of a Section 404 permit. <br />If a project may result in the "incidental take" of a listed species, an incidental take permit is required. An <br />incidental take permit allows a developer to proceed with an activity that is legal in all other respects but <br />that results in the "incidental taking" of a listed species. A Habitat Conservation Plan (HCP) must also <br />accompany an application for an incidental take permit. The purpose of the HCP is to ensure that the <br />effects of the permitted action or listed species are adequately minimized and mitigated. <br />5 Federal Emergency Management Agency (FEMA), 2014. Northern Alameda County, California. San Francisco Bay Area <br />Coastal Study, March. <br />6 Email correspondence between FEMA, Alameda County, and the City of San Leandro in December 2013 and preliminary <br />FIRM maps provided by FEMA. <br />4.8-4 DECEMBER 2014 <br />