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Application Process <br />A Pre-construction Notification package would be prepared and submitted. The package would <br />require the following field surveys and supporting documentation: <br />•Project description and site plan <br />•Quantification of fill to be removed <br />•Quantification of temporary and permanent fill impacts <br />•Proposed mitigation (if needed, the project may mitigate itself) <br />•Wetland delineation <br />•Biological resource studies (may require Biological Opinion) <br />•Fee (if submitted by non-governmental entity) <br />Schedule <br />The USACE has 30 days to make a determination of whether the application is complete. It can <br />take eight to 10 months to receive a permit from the Corps. It is anticipated that the project would <br />require federal consultation with National Marine Fisheries Service and Fish & Wildlife Service. If <br />formal consultation is required, the review period would be extended. <br />4.2 SF Bay Regional Water Quality Control Board <br />Managed by local Regional Water Quality Control Boards, Section 401 Water Quality Certifications <br />are required when the activity results in fill or discharge directly below the mean high water (tidal <br />areas) or ordinary high water of waters of the United States and is required in support of a Section <br />10/404 permit with the Corps. Activities that result or may result in a discharge that directly or <br />indirectly impacts waters of the State or the beneficial uses of those waters, are subject to Waste <br />Discharge Requirements (WDRs) under California's Porter-Cologne Water Quality Control Act <br />(Porter-Cologne). The application process for either a Section 401 Water Quality Certification or <br />WDRs are the same. Because the project requires a Section 10/404 Corps Application, and there <br />does not appear to be any State-only jurisdictional waters, the project would require a Section 401 <br />Water Quality Certification. <br />Applicability – Regional Water Quality Control Board <br />Refer to the discussion under 4.1.1 Applicability – U.S. Army Corps. The Section 401 Water Quality <br />Certification applies to all federal jurisdictional waters. <br />29