Environmental Impact Statement - Sonoma Land Trust

California Department of Fish and Game
U.S. Fish and Wildlife Service
Section 3.2. Surface-Water Hydrology,
Tidal Hydraulics, and Sedimentation
Rivers and Harbors Act
The Rivers and Harbors Act (RHA) of 1899 prohibits the unauthorized
obstruction or alteration of any navigable waters of the United States. As defined
by the RHA, navigable waters include all waters that are:
• subject to the ebb and flow of tides; and/or
• presently, historically, or potentially used for foreign or interstate commerce.
Regulations implementing Section 10 of the RHA are coordinated with those
implementing CWA Section 404. Specifically, the RHA regulates:
• construction of structures in, under, or over navigable waters;
• excavation or deposition of material in navigable waters; and
• all work affecting the course, location, condition, or capacity of navigable
waters.
The RHA is administered by the Corps. If a proposed activity falls under the
authority of both CWA Section 404 and RHA Section 10, the Corps processes
and issues a single permit. For activities regulated only under RHA Section 10,
such as installation of a structure not requiring fill, permit conditions may be
added to protect water quality during construction (Jones & Stokes 2004).
State Plans, Programs, and Policies
The provisions of the Porter–Cologne Water Quality Control Act and regulatory
authority of the State Water Resources Control Board and Regional Water
Quality Control Boards are summarized in Section 3.3, Water Quality.
McAteer–Petris Act and San Francisco Bay Conservation
and Development Commission
The McAteer–Petris Act, enacted on September 17, 1965, established the BCDC
as a temporary state agency charged with preparing a plan for the long-term use
of the Bay (San Francisco Bay Plan) (San Francisco Bay Conservation and
Development Commission 2006). In August 1969, the McAteer-Petris Act was
amended to make BCDC a permanent agency and to incorporate the policies of
the Bay Plan into state law.
Any person or non-federal governmental agency wishing to place fill, extract
materials, or make any substantial change in use of any water, land, or structure
within the area of BCDC’s jurisdiction must secure a permit from BCDC. Upon
receiving an application for a permit, BCDC will transmit a copy of the
application to the San Francisco Bay RWQCB. Within 30 days, the RWQCB
must file a report with the BCDC that indicates the effect of the Project on water
Sears Point Wetland and Watershed Restoration
Project Final Environmental Impact
Report/Environmental Impact Statement
3.2-3
April 2012