|
<br />permit applicant to justify project-related impacts to biological resources and to provide
<br />mitigation for unavoidable impacts. In order of preference, mitigation includes avoidance,
<br />minimization and compensation. There are three types of compensatory mitigation, including
<br />wetland enhancement, restoration, and creation. Depending on the type and extent of impacts,
<br />the mitigation compensation ratio can vary between 1:1 (mitigation: impact) and 5:1. With the
<br />incorporation of sensitive project design and sensitive construction practices, impacts can
<br />frequently be avoided or minimized. The United States Army Corps of Engineers has provided
<br />new guidelines for (Federal Register 2020, January 15, 2002) emphasizing the importance of
<br />construction Best Management Practices (BMPs) that employ bioengineering treatments and
<br />minimize use of hard structures. The new guidelines indicate that United States Army Corps of
<br />Engj'neers I'ntends to take a w;:ttF:r~hprJ ~T)nrrt-:.lrh tA nprYnitti",.... ...,....... .......~..;.......,.;,,~ "AK;4.;,__4-:__ :_
<br />.... . -' .' --- -.-'-----~ -r-r------- .~ r-.~"u..u..b .......~ ..'U".OU.UV.I. 1".ll15alIUII I;)
<br />discussed in the Nationwide Permit General Condition No, 19, Included in this discussion is a
<br />belief that vegetated buffers are critically important to aquatic ecosystems and overall watershed
<br />health. In some cases, vegetated buffers may be considered mitigation for a project. These
<br />determinations, as with all mitigation, are to be made on a case-by-case basis. The United States
<br />Army Corps of Engineers is committed to the no overall net loss of wetlands; they will be
<br />making mitigation determinations within the watershed context and stress restoration over
<br />preservation for mitigation strategies.
<br />
<br />State Jurisdiction - California Department of Fish and Game
<br />
<br />The California Department of Fish and Game exercises jurisdiction over wetland and riparian
<br />resources associated with rivers, streams, and lakes under California Fish and Game Code
<br />Sections 1600 to ]607. The California Department of Fish and Game has the authority to
<br />regulate work that will divert, obstruct, or change the natural flow of a river, stream, or lake;
<br />change the bed, channel, or bank of a river, stream, or lake; or use material from a streambed,
<br />California Department of Fish and Game's jurisdictional area along a river, stream or creek is
<br />usually bounded by the top-of-bank or the outermost edges of riparian vegetation. Typical
<br />activities regulated by California Department of Fish and Game undcr Sections 1600-1607
<br />authority include installing outfalls, stabilizing banks, creek restoration, implementing flood
<br />control projects, construction river and stream crossings, diverting water, damming streams,
<br />gravel mining, logging operations and jack-and-boring.
<br />
<br />Prior to undertaking any activity that will impact any of the biological resources, a Streambed
<br />Alteration Permit (SAP) must be obtained from the California Department of Fish and Game, An
<br />application for a Streambed Alteration Permit requires a complete project description, a
<br />biological assessment of the project site, analyses of direct, indirect and cumulative impacts, a
<br />technically-defensible biological mitigation and monitoring plan, consideration of project
<br />alternatives and efforts to avoid and minimize impacts, a relevant CEQA document, and a Notice
<br />of Determination that demonstrates the project has complied with CEQA. As a responsible
<br />agency, the California Departmcnt of Fish and Game cannot question the adequacy of an
<br />Envirorunental Impact Report (ErR) once a Notice of Detemlination has been issucd unless they
<br />were not properly consulted pursuant to CEQA Sections 15072 or 15082. If the al'
<br />me mus serve as e ea agerlcy or revIew, the agency
<br />usually charges the applicant a minimum of $800.
<br />
<br />Careful project design, including the minimization of impacts and reduction of hard structure
<br />surface area (i.e., minimal amounts of rip-rap), is critical for California Department of Fish and
<br />
<br />,..
<br />Sycamore Associates LLC - Regulatory Permitting Implications 05/06/04
<br />
<br />8
<br />
|