Preparation of Permit Applications and Agency Coordination. Because construction activities will require work below the OHWM within the streambed, a USACE Section 404 Nationwide Permit, a RWQCB Section 401 Water Quality Certification (WQC), a CDFW Section 1600 Lake and Streambed Alteration Agreement (LSAA), and a SCVWD Encroachment Permit will be required for the project. It is anticipated that a USACE Nationwide Permit 3: Maintenance or Nationwide Permit 7: Outfall Structures and Associated Intake Structures will be appropriate for the project. In addition, because federally listed species may be affected by the project, the USACE is required to consult with USFWS and/or NOAA Fisheries under Section 7 of the Endangered Species Act. In this instance the USACE will consult with both agencies because Stevens Creek is known to provide habitat for both steelhead and the California red-legged frog. NOAA Fisheries has the responsibility to consult on steelhead, whereas the USFWS is responsible for consulting on the California red-legged frog. Each agency requires a species-specific Biological Assessment, so two Biological Assessments will be required to describe potential project impacts – one specifically for steelhead (NOAA Fisheries) and one for California red-legged frog (USFWS). Most of the setting information and all of the project information will be the same for each document, which will save effort.
