Guide to Watershed Project Permitting for the State of California. California Association of Resource Conservation Districts

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1 Guide t Watershed Prject Permitting fr the State f Califrnia Califrnia Assciatin f Resurce Cnservatin Districts

2 Table f Cntents Sectin 1 Sectin 2 Sectin 3 Sectin 4 Sectin 5 Sectin 6 Sectin 7 Sectin 8 Navigating the Permitting Prcess Practical Tips fr Getting Yur Prject Apprved Lcal Agencies State Agencies Federal Agencies Reginal Agencies Resurces and Printed References Analyze Yur Prject Califrnia Assciatin f Resurce Cnservatin Districts Web:

3 Sectin 1 NAVIGATING THE PERMITTING PROCESS A permit is an authrizatin, license, r equivalent cntrl dcument issued by the federal, state r lcal gvernment r ther agency t implement the requirements f a regulatin r law. A permit is an agreement between the issuing agency and the applicant whereby the applicant agrees t fllw the applicable cdes and laws gverning a prject r type f land use. By issuing and tracking permits, lcal, state and federal agencies can set minimum standards fr activities that prtect Califrnia s envirnment bth nw and in the future. The permit prcess was develped t prvide fr rderly develpment, ensure cmpliance with applicable regulatins, and minimize future impacts as they help t track, authrize and administer a variety f actins. Usually any activity that culd have an adverse impact n a wetland r riparian area (creek r stream), clearing vegetatin, disturbing grund, r cnducting wrk near a sensitive area requires permits frm numerus agencies. Restratin prjects typically include the type f wrk that wuld require permits. Lcal, state, federal, and tribal gvernments require prjects, wrk activities, and actins t receive authrizatin frm applicable regulatry agencies. The permitting prcess can be cmplicated and hard t understand. This manual was created t assist yu in getting started by prviding basic infrmatin and directing yu t surces where yu can find mre infrmatin. The Guide t Watershed Prject Permitting is brken dwn int sectins fr easy reference and the entire manual is simplified in the matrix under the sectin titled Analyze Yur Prject. The manual is nt intended t be a cmprehensive guide n the hw-t s f permitting. There are already gd surces available fr thse wh need detailed infrmatin as well as agencies wh can assist yu in getting started. It is the respnsibility f the permit applicant t ensure that they have applied fr all required permits. Cnsult an assistance agency t be sure yu have btained all the necessary permits fr yur prject (see lcal, state, reginal and federal agencies). R Acrnyms and Definitins ACOE Army Crps f Engineers IRWMP Integrated Reginal Water Management Plan BCDC San Francisc Bay Cnservatin and Develpment Cmmissin LAA Likely t adversely affect LAFCO Lcal Agency Frmatin Cmmissin BMP Best Management Practices JARPA Jint Aquatic Resurces Permit Applicatin CALTRANS Califrnia Department f Transprtatin NEPA Natinal Envirnmental Plicy Act 1

4 Sectin 1 CDFG Califrnia Department f Fish & Game NLAA Nt likely t adversely affect CEQA Califrnia Envirnmental Quality Act NMFS Natinal Marine Fisheries Service CESA Califrnia Endangered Species Act CRMP CVFPB Crdinated Resurce Management and Planning Central Valley Fld Prtectin Bard NOAA Natinal Oceanic and Atmspheric Administratin NPDES Natinal Pllutant Discharge Eliminatin System CWA Clean Water Act NRCS Natural Resurces Cnservatin Service DWR Department f Water Resurces NWP Natinwide Permits EIS Envirnmental Impact Statement RCD Resurce Cnservatin District EPA US Envirnmental Prtectin Agency RWQCB Reginal Water Quality Cntrl Bard ESA Endangered Species Act SAA Streambed Alteratin Agreement FOTG Field Office Technical Guide SWRCB State Water Resurces Cntrl Bard HARASS Harm Harass is defined by the USFWS as an intentinal r negligent act r missin which creates the likelihd f injury t a listed species by annying it t such an extent as t significantly disrupt nrmal behaviral patterns which include, but are nt limited t, breeding, feeding, r sheltering. Harm is defined by the USFWS t include significant habitat mdificatin r degradatin that results in death r injury t listed species by impairing behaviral patterns including breeding, feeding, r sheltering. TAKE T&E TMDL T hunt, harm, harass, pursue, sht, wund, kill, capture, trap, r cllect a federally listed species Threatened and Endangered Ttal maximum daily lad TRPA Tahe Reginal Planning Agency UCCE USACOE USBR University f Califrnia Cperative Extensin United States Army Crps f Engineers US Bureau f Reclamatin USDA US Department f Agriculture USFS USFWS US Frest Service US Fish and Wildlife Service HCP Habitat Cnservatin Plan USGS US Gelgical Survey

5 R Getting Started The mst imprtant thing t remember when navigating the permitting prcess, is t start early! Cntact all the agencies simultaneusly as the permitting prcess can take time and shuld be initiated up t a year befre the desired prject start date. Many permit applicatins have fees assciated with them. It is a gd idea t have a budget and knw the csts ahead f time. When yu cntact the apprpriate agency, have yur questins ready (see Sectin 8). If pssible, invite all the agencies invlved t the prject site at ne time t address all their cncerns at nce, this is t yur benefit. Natinal Envirnmental Plicy Act The Natinal Envirnmental Plicy Act (NEPA) was ne f the first laws ever written t establish a brad natinal framewrk fr prtecting ur envirnment. NEPA s basic plicy is t assure that all branches f gvernment give prper cnsideratin t the envirnment prir t undertaking any majr federal actin that significantly affects the envirnment. It requires all federal agencies t prmte effrts t prevent r eliminate damage t the envirnment and bisphere by fllwing mandated prcedures. In rder t reach an infrmed decisin, NEPA requires a prescribed prcess, including public invlvement, scientific analysis and ptential mitigatins. NEPA cmpliance is mandated when a federal agency prvides financial assistance but is nt mandated when a federal agency (such as the NRCS) prvides nly technical assistance. Califrnia Envirnmental Quality Review The lcal r state gvernment with the mst jurisdictinal respnsibility fr yur prject must review it under requirements f the Califrnia Envirnmental Quality Act (CEQA). The main purpse f CEQA review is t identify and prevent ptentially significant envirnmental impacts frm prpsed prjects. R Assistance Organizatins Resurce Cnservatin Districts Resurce Cnservatin Districts (RCDs) are nn-regulatry lcal entities which give assistance t agricultural and ther landwners. RCDs are units f gvernment rganized by residents under State law. Districts perate n the premise that lcal peple knw mre abut lcal prblems than anyne else. Bridging agricultural issues with science, educatin and gvernment, RCDs are an infrmatin netwrk assisting with landwner resurce issues t prvide slutins. Districts are empwered t cnduct sil and water resurces research, make imprvements n public lands, disseminate cnservatin infrmatin, assist private landwners, develp sil and water cnservatin plans, and establish standards f crpping tillage 2

6 Sectin 1 and range practices. RCDs ften wrk in cnjunctin with NRCS t prvide technical assistance n prjects and specific resurce prblems. T find yur lcal RCD, cntact Califrnia Assciatin f Resurce Cnservatin Districts (CARCD) at (916) , nline r via Yu may als cntact Natinal Assciatin f Cnservatin Districts (NACD) Service Center at (202) 547-NACD. Califrnia Crdinated Resurce Management and Planning (CRMP) r watershed grups Befre starting yur prject, it may be helpful t als cntact yur lcal CRMP r watershed grups. These grups are unique t a lcal area and may be able t prvide partnership effrts r technical and crdinatin assistance n yur prject. Fr mre infrmatin n CRMPs, cntact the Califrnia CRMP Cuncil at (916) r A listing f watershed grups can be fund at the UC Davis Natural Resurce Prjects Inventry (NRPI) website: edu/nrpi. UC Cperative Extensin (UCCE) University f Califrnia Cperative Extensin (UCCE) ffices are lcal prblem-slving centers. Over 400 campus-based specialists and cunty-based agriculture, natural, and human resurce advisrs wrk as teams t bring the University s research-based infrmatin t Califrnians thrugh mre than 50 cunty ffices. UCCE is a full partnership f federal, state, cunty, and private resurces linked in applied research and educatinal utreach and tailrs its prgrams t meet lcal needs. The Divisin als perates ten research and extensin centers, r field statins, t test agricultural research and supprt UC s ut-reach t lcal grwers and ranchers. Each center is lcated in a different terrain and climate, frm the Oregn brder t the desert 700 miles suth. Thrugh these centers and ffices, UCCE faculty and staff prvide technical and prgram supprt fr agriculture and natural resurce management including habitat restratin. T find yur cunty extensin ffice, visit Department f Cnservatin Divisin f Land Resurce Prtectin, RCD Assistance Unit (916) The Califrnia Department f Cnservatin s Divisin f Land Resurce Prtectin supprts cnservatin at the lcal level by prviding assistance t the state s Resurce Cnservatin Districts (RCDs). This supprt cmes in many frms ne f which

7 is permit assistance. The RCD Assistance Unit can prvide RCDs with basic guidance abut envirnmental cmpliance and permitting issues. DOC s permit assistance is nly ffered t RCDs. USDA Natural Resurces Cnservatin Services The Natural Resurces Cnservatin Service (NRCS), frmerly the Sil Cnservatin Service, is an agency f the U.S. Department f Agriculture wrking with private landwners t cnserve and prtect sil, water, air, plants and animals. NRCS is nn-regulatry and des nt prvide permits, just recmmendatins. NRCS helps land users and cmmunities t apprach cnservatin planning and implementatin with an understanding f hw natural resurces relate t each ther, and hw land use activities affect natural resurces. In cperatin with Resurce Cnservatin Districts and ther lcal, state and federal agencies, NRCS prvides free technical infrmatin and assistance t landwners and land users upn request, t address management cncerns fr natural resurces such as crpland and pastureland, rangeland, wdland, water resurces, disturbed areas, and watersheds. NRCS als prvides free sil survey infrmatin. The intent f NRCS planning, whether n an individual farm r in a larger area such as a watershed, is all abut helping individuals and rganizatins make better, infrmed decisins cncerning resurce use and the envirnment. The NRCS prcess already meets the minimum NEPA EIS requirements. NRCS can prvide Cnservatin Planning, Technical and Financial Assistance, Resurce Assessment, and Technlgy Develpment. NRCS Watershed Planning Services prvides the fllwing assistance n watershed prjects: Clarify lcal bjectives. Inventry and assess resurces. Analyze resurce prblems. Identify pprtunities t prevent resurce prblems. Frmulate alternatives t slve r prevent resurce prblems. Evaluate alternatives. Recmmend specific actins. Review and summarize studies and reprts. Develp prcedures/methds (e.g. planning prcedures). Plan prjects (including planning scpe, quality, cst, schedule, staff, risk, prcurement, and cntracting). Mnitr results. The NRCS-RCD Cnnectin The relatinship between RCDs and the USDA NRCS has been lng-standing. The du frmally ratified their relatinship thrugh a Memrandum f Understanding signed ver fifty years ag and revised in NRCS and RCDs have a clse wrking relatinship within districts, with NRCS appinting a lcal District Cnservatinist t prvide technical assistance t districts, 3

8 Sectin 2 as well as acting as a liaisn between the district and federal prgrams. Lcal ffices f the NRCS als frequently emply ther specialists, such as sil cnservatinists and engineers, t prvide technical assistance t the district bard. RCDs are primarily respnsible fr prviding leadership and lcally determined plicies within districts, with assistance prvided by the state and federal gvernment. The RCD-NRCS relatinship reinfrces the idea f lcally led cnservatin with individual districts being respnsible fr exerting leadership t identify lcal resurce needs, advcate fr effective slutins and wrk with apprpriate parties n implementatin. Sectin 2 PRACTICAL TIPS FOR GETTING YOUR PROJECT APPROVED Plan ahead. Permit review can take frm days r mre if an applicatin is nt cmplete. All necessary permits must be btained prir t beginning wrk. Additinal requirements after review culd take additinal time. Fr example, prjects that affect listed species require by statue an additinal frmal cnsultatin prcess that will take 135 days r mre. The receipt f a permit des nt cnstitute landwner permissin, which is the sle respnsibility f the applicant. 1) Carefully select and design yur site. D nt secure prperty rights t a site withut carefully studying the envirnmental cnstraints and surrunding land uses. Evaluate several alternative sites, if pssible, befre making yur chice. 2) Write a cmplete prject descriptin. Expect that with each agency, yu may need t prvide a written descriptin as well as a map and site plan f yur prject at yur first meeting. Get prfessinal assistance, if necessary, fr designing and cnstructing yur prject in cnfrmity with the natural functin f the stream r river. Fr large prjects r prjects that have the ptential fr impacts, engineering designs may be required. 3) Cntact Agencies early! Cnsultatin with permitting and regulatry agencies shuld begin as early as pssible in planning yur prject. At this pint ptential cncerns can be addressed and ptential radblcks eliminated r reduced. T save time, try t schedule ne day fr a visit frm all the invlved agencies.

9 3a) Cntact Assistance Organizatins Yur lcal NRCS and RCD can ffer technical and financial assistance with prjects and permitting. They are a vital resurce and can act as liaisns between yu and the regulatry agencies. Refer t Sectin 1 fr a full listing f assistance rganizatins and their cntact infrmatin. 3b) Knw the players Becme familiar with the regulatrs and hw they functin. 3c) Learn the Rules Take time t study the prtcls and regulatins f thse agencies that must apprve yur prject. Study all applicable state, lcal and federal agency permitting requirements. 4) Invlve the Public Plan a public participatin grup. Meet with neighbrs, get their ideas and views. Use press releases and annuncements t keep them infrmed abut the prgress f yur prject. Avid surprises. 5) Apprach the prcess with a psitive, nn-adversarial attitude The permitting prcess can be challenging, but resisting the prcess is cunterprductive. Diplmacy and curtesy g further than animsity in navigating yur way thrugh. 6) Pay attentin t details Fllw all the rules. Respnd prmptly t requests fr infrmatin. Be n time fr meetings with regulatrs. D nt cut crners. 7) Be willing t negtiate The permit prcess has been established because f the public cncern fr prtecting waterways and species f cncern, and this is the prime respnsibility f the agency reviewer. Further, the reviewers are sensitive t the cncerns f individuals fr their prperty rights and are willing t cnsider alternative prject designs t meet the needs f the prperty wner while still prtecting the natural functins f the stream. 8) When in dubt, ask If yu are nt sure whether yur prject needs a permit r whether it is regulated at all, 4

10 Sectin 2&3 ask. Ging ahead withut all the prper permits r withut fllwing cnditins f apprval very likely will cst yu mre time, mney and gdwill. 9) Get everything in writing With each agency that yu cntact with permitting questins, request that they put everything in writing. This will help prevent any later misunderstandings. 10) Minimize impact t the prject area Design yur prject t eliminate r reduce as many ptential envirnmental impacts as pssible. Incrprate the suggestins yu learned during early cnsultatin. Where apprpriate, cnsider biengineering methds t minimize prject impacts. Streamside vegetatin is imprtant t the health and stability f a stream and can save yu mney in future csts fr ersin cntrl measures. Native vegetatin shuld be remved nly t the extent necessary t cnstruct the prject. Disturbed areas shuld be revegetated as sn as pssible t avid ersin and prevent weed invasin. Cnsider ptential impacts f yur prject such as temprary increases in turbidity, ersin, fisheries and aquatic life impacts due t timing f prjects, etc., and include in yur applicatin hw impacts will be minimized. Agencies may apprve permit applicatins cntingent upn mdificatins and may change the timing f the prject t minimize impacts. Sectin 3 LOCAL AGENCIES City/Cunty Planning Department Make yur lcal planning department yur first stp. It is a gd idea t request a cnsultatin with a lcal planner early in planning yur prject and befre yu submit an applicatin. They will give yu a better idea f the scpe f the permitting prcess. Many City r Cunty planning departments have lcal rdinances pertaining t creeks and wetlands, and depending n the nature f the prject several ther permits/ exceptins/apprvals may be required as well. Since permitting requirements vary frm area t area, check with yur city and cunty Planning Department(s) fr required permits in yur area.

11 City/Cunty Envirnmental Health Department Lcal Envirnmental Health Departments prvide educatin, mnitring and enfrcement f business entities including retail, fd and hazardus materials handlers. This agency may be invlved if wrk n the stream, r discharge int the stream pse a public health hazard. Lcal Irrigatin, water r fld cntrl district Irrigatin, Water r Fld Cntrl Districts are empwered t prtect water resurces within their jurisdictin which may require a permit fr certain prjects. Call yur lcal LAFCO ffice t find ut if yur prject is within the bundaries f any such district. T find yur lcal ffice visit Then call the District t find ut if they need t be invlved. Sectin 4 STATE AGENCIES Califrnia Department f Fish & Game (916) Lake and Streambed Alteratin Agreements Califrnia Department f Fish and Game (DFG) administers the Lake and Streambed Alteratin (LSA) Prgram pursuant t the Fish and Game Cde (FGC) sectins FGC Sectin 1602 requires an entity t ntify Califrnia Department f Fish and Game (DFG) f any prpsed activity that will: substantially divert r bstruct the natural flw f any river, stream r lake; substantially change r use any material frm the bed, channel, r bank f, any river, stream r lake; r depsit r dispse r debris, waste, r ther material cntaining crumbled, flaked r grund pavement where it may pass int any river, stream, r lake. The ntificatin requirement applies t wrk undertaken in r near any river, stream, r lake. If DFG determines that the activity described in a ntificatin may substantially adversely affect an existing fish r wildlife resurce, DFG and the entity enter int a LSA Agreement that includes reasnable measures necessary t prtect the resurce. DFG must cmply with the Califrnia Envirnmental Quality Act (CEQA) befre it can execute a LSA Agreement. 5

12 Sectin 4 Incidental Take Permits Incidental Take Permit (Fish and Game Cde: 2081(b) and (c))- The Califrnia Endangered Species Act (CESA) prhibits take f any species that the Fish and Game Cmmissin determines t be an endangered species r a threatened species. Take is defined in Sectin 86 f the Fish and Game Cde as hunt, pursue, catch, capture, r kill, r attempt t hunt, pursue, catch, capture, r kill. Sectins 2081(b) and (c) f the Califrnia Endangered Species Act allw the Department t issue an incidental take permit (ITP) fr a State listed threatened r endangered species nly if specific criteria are met. These criteria are as fllws: 1. The authrized take is incidental t an therwise lawful activity; 2. The impacts f the authrized take are minimized and fully mitigated; 3. The measures required t minimize and fully mitigate the impacts f the authrized take: a. are rughly prprtinal in extent t the impact f the taking n the species, b. maintain the applicant s bjectives t the greatest extent pssible, and c. are capable f successful implementatin; 4. Adequate funding is prvided t implement the required minimizatin and mitigatin measures and t mnitr cmpliance with and the effectiveness f the measures; and 5. Issuance f the permit will nt jepardize the cntinued existence f a State-listed species. Cnsistency Determinatin (Fish and Game Cde: )- Species listed under the federal Endangered Species Act and CESA, may qualify fr a Cnsistency Determinatin if the Directr is ntified f the federal ITP in writing and the federal dcument is cnsistent with CESA. If the Department determines the federal ITP is nt cnsistent with CESA, the applicant must apply fr an ITP frm the Department. DFG Reginal Offices Regin 1 (Nrthern Califrnia & Nrth Regin 2 (Sacrament Valley & Cast Regin) Central Sierra Regin) 601 Lcust Street 1701 Nimbus Rad

13 Redding, CA Ranch Crdva, CA (530) (916) Regin 3 (Central Cast Regin) Regin 4 (San Jaquin Valley & 7329 Silverad Trail Suthern Sierra Regin) P.O Bx East Shaw Avenue Napa, CA Fresn, CA (707) (559) x151 Regin 5 (Suth Cast Regin) Regin 6 (Eastern Sierra & Inland 4949 Viewridge Avenue Deserts Regin) San Dieg, CA Inland Empire Blvd, Suite C-220 (858) Ontari, Ca (909) State Water Resurces Cntrl Bard 1001 I Street, Sacrament, CA (916) The Califrnia Legislature established the State Water Resurces Cntrl Bard (SWRCB) and the nine Reginal Water Quality Cntrl Bards in The State Bard administers the state s water quality, water pllutin cntrl and water rights functins under Califrnia s Envirnmental Prtectin Agency. The State Bard prvides plicy guidance and budgetary authrity t the nine Reginal Water Quality Cntrl Bards, which cnduct planning, permitting and enfrcement activities. The jint actin f the State Bard and Reginal Bards prvide a cmprehensive prgram fr managing water in Califrnia. The State Bard is rganized int fur areas encmpassing three brad prgram divisins and an administratin divisin that supprts the State Bard and the nine Reginal Bards. The nn-administrative divisins are listed n the next page. G Divisin f Water Rights 1001 I Street Sacrament, CA (916)

14 Sectin 4 Water Right Permit This permit is required when there is intentin t take water frm a creek fr strage r fr direct use n nnriparian land. Anyne wanting t divert water frm a stream r river nt adjacent t his r her prperty must first apply fr a water right permit frm the State Bard. The State Bard issues permits fr water rights specifying amunts, cnditins and cnstructin timetables fr diversin and strage. Decisins reflect water availability, recgnizing prir rights and flws needed t preserve instream uses, such as recreatin and fish habitat, and whether the diversin is in the public interest. Any persns r agencies intending t take water frm a creek fr strage r direct use n nn-riparian land must first btain a Water Right Permit. T grant a Water Right Permit, the Bard cnsiders under what cnditins water will be taken and used. The gal f the Bard is t assure that Califrnia s water resurces are put t maximum beneficial use and that the best interests f the public are served. If yu are uncertain whether yu need a permit r have questins abut yur present use f water, call the number listed abve. G Divisin f Water Quality 1001 I Street, 15 th Flr Sacrament, CA (916) The Divisin f Water Quality wrks t prtect Califrnia water thrugh watershed management principles. Bth pint and nnpint surces f pllutin are targeted fr applicatin f these principles. Alng with the U.S. EPA, the State and Reginal Bards effectively direct state and federal funds t the highest pririty f lcal watershed slutins. G Divisin f Financial Assistance 1001 I Street, 16 th & 17 th Flr Sacrament, CA (916) The State Bard has several prgrams t help lcal agencies and individuals prevent r clean up pllutin f the state s water:

15 Lw interest lans are available frm the State Revlving Fund fr wastewater treatment, water recycling, implementatin f nnpint surce and strm drainage pllutin cntrl management prgrams, and implementatin f estuary cnservatin and management prgrams. Grants are available t small cmmunities fr wastewater treatment. Lw interest lans are available frm the Water Recycling Lan Prgram fr wastewater recycling. Lw interest lans are available frm the Seawater Intrusin Cntrl Prgram fr the cntrl f seawater intrusin int ptable water aquifers. Grants are available fr the Undergrund Strage Tank Cleanup Fund t help individual tank wners clean up petrleum prducts that have leaked int the grund. Califrnia Reginal Water Quality Cntrl Bards There are nine Reginal Water Quality Cntrl Bards. Reginal Bards engage in a number f water quality functins in their respective regins. One f the mst imprtant is preparing and peridically updating Basin Plans which are water quality cntrl plans. Reginal Bards regulate all pllutant r nuisance discharges that may affect either surface water r grundwater. The permits yu may need t btain frm the Reginal Water Quality Cntrl Bard ffice in yur area are as fllws: Natinal Pllutin Discharge Eliminatin System (NPDES) Permit This permit is required when prpsing t, r discharging f waste int any surface water f the state. Fr discharges t surface waters, these requirements becme a federal Natinal Pllutin Discharge Eliminatin System (NPDES) Permit frm the Reginal Bard in the prject area (see areas listed belw). Federal Clean Water Act (CWA) Sectin 401 Water Quality Certificatin This certificate is required fr every federal permit r license fr any activity which may result in a discharge int any waters in the United States. Activities include fld cntrl channelizatin, channel clearing, and placement f fill. Federal CWA Sectin 401 requires that every applicant fr a U.S. Army Crps f Engineers CWA Sectin 401 permit r Rivers and Harbrs Act Sectin 10 permit must request state certificatin frm the Reginal Bard that the prpsed activity will nt vilate State and Federal water quality standards. The Reginal Bard reviews the request fr certificatin and may waive certificatin, r may recmmend either certificatin r denial f certificatin t the State Bard Executive Directr. G Ttal Maximum Daily Lads (TMDLs) Sectin 303(d) f the federal Clean Water Act requires states t develp TMDLs fr impaired waterbdies. A TMDL is a written plan that describes hw an impaired water bdy will meet water quality standards. It cntains: 7

16 Sectin 4&5 A measureable feature t describe attainment f the water quality standard(s) A descriptin f required actins t remve the impairment An allcatin f respnsibility amng dischargers t act in the frm f actin r water quality cnditins fr which each discharger is respnsible. TMDLs in Califrnia are develped either by RWQCBs r by USEPA. TMDLs develped by RWQCBs are designed as Basin Plan amendments and include implementatin prvisins. TMDLs develped by USEPA typically cntain the ttal lad and lad allcatins required by Sectin 303(d), but d nt cntain cmprehensive implementatin prvisins. TMDLs are currently required fr all waters and pllutants n the 303(d) list. shtml The Reginal Bards in each area recgnize lcal differences in climate, tpgraphy, gelgy and hydrlgy: Nrth Cast Regin [1] San Francisc Bay Regin [2] Santa Rsa, CA Oakland, CA (707) (510) Central Cast Regin [3] Ls Angeles Regin [4] San Luis Obisp, CA Ls Angeles, CA (805) (213) Central Valley Regin [5S] Fresn Branch Office [5F] Ranch Crdva, CA Fresn, CA (916) (559) Redding Branch Office [5R] Lahntan Regin [6SLT] Redding, CA Suth Lake Tahe, CA (530) (916) Victrville Office [6V] Clrad River Basin Regin [7]

17 Victrville, CA Palm Desert, CA (760) (760) Santa Ana Regin [8] San Dieg Regin [9] Riverside, CA San Dieg, CA (951) (858) Sectin 5 FEDERAL AGENCIES U.S. Army Crps f Engineers San Francisc District (415) Sacrament District (916) Ls Angeles District (213) Sectin 404 Permit This permit is required when wrk invlves a discharge f dredged r fill material int any waters f the United States. Sectin 10 Permit - This permit is required when wrking r erecting structures in r affecting navigable waters. This includes all waters affected by tidal influence r therwise determinted t be navigable. If yu are planning wrk in surface waters such as rivers, streams, lakes, wetlands, any impundments f these waters, r the territrial seas, a Crps permit may be required. Regulatry authrities f the U.S. Army Crps f Engineers include Sectin 404 f the Clean Water Act and Sectin 10 f the Rivers and Harbrs Act. Sectin 404 f the Clean Water Act requires prir Crps authrizatin fr any wrk invlving a discharge f dredged r fill material int waters f the United States, including wetlands. Sectin 10 f the Rivers and Harbrs Act requires Crps authrizatin fr wrk r structures in r affecting navigable waters. Crps jurisdictin extends t the rdinary high water mark and/r the upper extent f wetlands fr nn-tidal waters and up t the high tide line, r mean high water, and/r the upper extent f wetlands fr tidal waters. If yu have any questins, want t btain a permit applicatin packet and infrmatin describing the regulatry prgram, r want t request a pre-applicatin cnsultatin meeting, please cntact the lcal Crps district regulatry ffice. 8

18 Sectin 5 U.S. Fish and Wildlife Service 2800 Cttage Way, Rm W-2606 Sacrament, CA (916) Incidental take permits- If a prject may result in an incidental take f a listed species, an incidental take permit is required. An incidental take permit allws a nn-federal landwner t prceed with an activity that is legal in all ther respects, but that results in incidental taking f a listed species. The incidental take permit authrizes the take, nt the activity that results in the take. The activity itself must cmply with ther applicable laws and regulatins. A take is defined as: t hunt, harm, harass, pursue, sht, wund, kill, capture, trap, cllect r t attempt t engage in any such cnduct. Take incidental t an therwise lawful activity may be authrized by the U.S. Fish and Wildlife Service (USFWS) thrugh ne f tw prcedures; sectin 7 r sectin 10 f the Endangered Species Act (Act). A descriptin f sectin 7 and sectin 10 prcedures fllws: Sectin 7 - If a Federal agency is invlved with the permitting, funding, r carrying ut f a prject and a listed species is ging t be adversely affected, then initiatin f frmal cnsultatin between the Federal agency and the Service pursuant t sectin 7 f the Act is required. Such cnsultatin wuld result in a bilgical pinin addressing the anticipated effects f the prject t the listed species and may authrize a limited level f incidental take. Sectin 10 - If a Federal agency is nt invlved in the prject, and federally listed species may be taken as part f the prject, then an incidental take permit pursuant t sectin 10(a)(1)(B) f the Act shuld be btained. The Service may issue such a permit upn cmpletin f a satisfactry habitat cnservatin plan (HCP) fr the listed species that wuld be taken by the prject. FWS Field Offices are respnsible fr ensuring that the HCP and assciated dcuments meet the issuance criteria specified in sectin 10 f the Endangered Species Act. Safe harbr agreements are anther permitting mechanism under sectin 10 f the Act. An Enhancement f Survival 10(a) (1)(A) Permit is issued t a nn-federal landwner wh enters int a safe harbr agreement with the USFWS. Safe harbr agreements are utilized when a nn-federal landwner vluntarily enhances r manages habitat t prvide a net cnservatin

19 benefit t a federally listed species. The USFWS is the principal Federal agency fr cnserving, prtecting and enhancing fish, wildlife, plants, and their habitats. USFWS and the Natinal Marine Fisheries Service (NMFS) share respnsibility fr administratin f the Endangered Species Act (ESA). The NMFS is respnsible fr marine fish and mammals, USFWS is respnsible fr freshwater fish and animals. USFWS enfrces the federal ESA, ensures cmpliance with the Natinal Envirnmental Plicy Act, and reviews cmments n all water resurce prjects. The USFWS als implements the Migratry Bird Treaty Act. The Fish and Wildlife Crdinatin Act (Act) requires that all Federal Agencies cnsult with the USFWS, the NMFS, and State wildlife agencies (i.e. the Califrnia Department f Fish and Game) fr activities that affect, cntrl, r mdify waters f any stream r bdy f water. Under the Act, USFWS and NMFS have respnsibility fr prject review. The USFWS and NMFS may recmmend denial f a permit applicatin, r the incrpratin f additinal permit cnditins t minimize adverse effects, r mitigatin actins. In additin, the USFWS functins in an advisry capacity t the U.S. Army Crps f Engineers under the prvisins f the Act and ther legislatin. Field Offices: ARCATA FISH AND WILDLIFE OFFICE 1655 HEINDON ROAD ARCATA, CA (707) VENTURA FISH AND WILDLIFE OFFICE 2493 PORTOLA ROAD SUITE B VENTURA, CA (805) CARLSBAD FISH AND WILDLIFE OFFICE 6010 HIDDEN VALLEY ROAD CARLSBAD, CA (760) YREKA FISH AND WILDLIFE OFFICE 1829 S. Oregn Street YREKA, CA (530) SACRAMENTO FISH AND WILDLIFE OFFICE 2800 COTTAGE WAY ROOM W-2605 SACRAMENTO, CA (916) Natinal Marine Fisheries Service (562) Written authrizatin must be btained fr any activities that may adversely impact a federally listed species. 9

20 Sectin 5&6 The Natinal Marine Fisheries Service (NMFS) is the federal agency respnsible fr the cnservatin and management f the natin s living marine resurces. Prjects r activities that may affect Endangered Species Act (ESA) designated critical habitat, marine and anadrmus fish, marine mammals and related habitat within NMFS jurisdictin are reviewed fr any ptentially harmful effects. These evaluatins are cnducted under the authrities f the Endangered Species Act (ESA), Magnusn-Stevens Fishery Cnservatin and Management Act, Fish and Wildlife Crdinatin Act, Marine Mammal Prtectin Act and the Natinal Envirnmental Plicy Act. The purpse f reviews cnducted by NMFS is t ensure that sensitive ppulatins f marine and anadrmus fish (such as salmn and steelhead), as well as the aquatic and riparian habitat that supprt these fish, can survive and recver in the presence f human activities. Thrugh these reviews, the need t cnserve and prtect fish and habitat is balanced with the need t respnsibly utilize natural resurces fr ecnmic and ther purpses. The types f prjects and activities f interest t NMFS include streambank stabilizatin, streambed alteratin, habitat restratin, fld cntrl, urban and industrial develpment, and water resurce utilizatin. When prjects r activities require a federal permit, such as a Clean Water Act sectin 404 permit frm the Army Crps f Engineers, r receive federal funds then NMFS cnducts a cnsultatin with the federal agency under sectin 7 f the ESA. When there is n federal invlvement, then fr prjects that incidentally take a listed species a permit under sectin 10 f the ESA is required. NMFS Suthwest Regin Field Offices Nrthern Califrnia Field Office (Humbldt t the Oregn brder) 1655 Heindn Rad Arcata, CA (707) Central Valley Field Office Suthwest Field Office and Reginal Headquarters 650 Capitl Mall, Suite (San Luis Obisp Cunty and Suth) Sacrament, CA West Ocean Blvd. (916) Lng Beach, CA (562)

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