h do not apply Clause Samples

h do not apply. Any consideration of alternatives shall be at the discretion of the permitting Water Board consistent with existing practices in place prior to May 28, 2020. The permitting Water Board remains responsible for determining that Caltrans has demonstrated that it has taken appropriate actions to avoid and minimize impacts to waters of the state, consistent with Procedures section IV.B.1. a. Caltrans Projects that Inherently Cannot Be Located in an Alternate Location‌‌‌ The Procedures establish the level of effort required for an alternatives analysis in three tiers based on the amount of impacts (both permanent and temporary) to waters of the state and the kind of water that is impacted. Any project that inherently cannot be located at an alternate location shall be considered a Tier 2 project (unless impacts qualify the project for a Tier 1 analysis or exemption). Tier 2 projects shall include an analysis of only on-site alternatives. For routine operation and maintenance of existing facilities, analysis of on-site alternatives is limited to operation and maintenance alternatives for the facility. Projects involving existing highways and roads may be considered limited by location and qualify as a Tier 2 project. Except as described below, a list of Caltrans project types that qualify for Tier 2 analysis based on location limitations is provided in Attachment 1. If a project type is not on the Attachment 1 list but meets the criteria for Tier 2, only an analysis of on-site alternatives would be necessary. Notwithstanding the list of project types in Attachment 1, the State Water Board Executive Director or Chief Deputy Director or Regional Board’s Executive Officer or Assistant Executive Officer may determine a project is not inherently limited by location on a case-by-case basis after notifying Caltrans in writing that the project has unique characteristics that warrant additional consideration.