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<br />7A - ATTACHMENT NO.2 <br />Page 6 <br /> <br />Two issues will have to be resolved if the environmental review process moves <br />forward. First, the Federal lead agency will have to determine the scope of the NEP A <br />analysis. In particular, the Federal lead agency will have to determine whether the EIS <br />analyzes the impacts of the project as a whole, or merely those aspects of the project that <br />fall within the jurisdictional reach of the Federal agencies. (Sylvester v. u.s. Anny Corps <br />of Engineers, 884 F.3d 394 (9th Cir. 1989).) <br /> <br />Second, the City and the NEP A lead agency will have to decide whether to <br />prepare a single, joint NEPA/CEQA document (an "EIS/EIR"), or to prepare one <br />document for NEPA and another for CEQA. Joint documents are encouraged. (CEQA <br />Guidelines, ~ 15222.) Preparing a single, joint document sometimes streamlines the <br />environmental review process, and may provide certain efficiencies in that NEP A and <br />CEQA documents generally cover the same ground. There are often challenges, <br />however, with coordinating the efforts of the respective lead agencies. Moreover, <br />although NEPA and CEQA documents both focus on environmental impacts, the statutes <br />are not identical so the preparation of a joint document can sometimes prove to be <br />cumbersome. We recommend that the City remain open to the possibility of preparing a <br />single, joint NEP A/CEQA document in the event the City decides to move forward with <br />the CEQA process. In any event, that is not an issue that needs to be resolved at this <br />time. <br /> <br />A. U.S. Armv CorDs of Enl!ineers - San Francisco District Office (USACE) <br /> <br />1. Contact Information. <br /> <br />USACE -- San Francisco District <br />1455 Market Street, Room 1667 <br />San Francisco, California 94103 <br /> <br />2. Law or Regulation Establishing Jurisdiction. <br /> <br />a. Clean Water Act Section 404 (33 U.S.C. ~ 1344) <br />b. Rivers and Harbors Act Sections 9 and 10 (33 U.S.C. ~ 401, 403) <br /> <br />3. Standards for Issuing Permits/Findings/Mitigation Requirements. <br /> <br />Section 404 of the Clean Water Act ("CW A") establishes programs regulating the <br />discharge of dredged or fill material into waters of the United States, including wetlands. <br />Activities in waters of the United States regulated under this program include the <br />placement of fill in waters or wetlands as a precursor to development. Section 404 <br />requires a permit from the United States Army Corps of Engineers ("USACE" or <br />"Corps") before dredged or fill material may be discharged into waters of the United <br />States, unless the activity is otherwise exempt from the permitting requirement. <br /> <br />6 <br />