Wetlands Flashcards
Wetlands:
What state agencies might be involved in wetland approval process?
What federal agencies might be involved?
What are the “Big 4” permits often needed?
What is a major federal Act and how is it involved?
Wetlands:
- -State Agency:
1. Ca Natural Resources Agency, Dpt of Fish and Wildlife
- Cal EPA
- Cal EPA, State Water Resource Control Board, Regional Water Quality District
- Cal Coastal Commission
- Cal Lands Commission
- -Federal Agency:
1. US Army Corp of Eng.
2. EPA
3. USDA, National Resources Conservation Service - -Big 4 permits
1. Army Cop Permit, main fed agency (404 Fed Clean Water Act)
- Cal EPA, Regional Water Quality Control Board, (404 Fed Clean Water Act requires state to make sure any Fed permitted activity follows state guidelines also)
- Dpt of Natural Resources, CDFW Streambed Alteration Agreement.
- CEQA, OPR state clearning house (if state), CDFW (pay), Local Agency (if local)
–Major Federal Act:
Federal Clean Water Act
1. Task USACE with regulating wetlands
- Requires a state agnecy to make sure any project with federal approval also follows state requirements. (RWQCB does this)
Wetlands:
5 good things that wetlands do?
Wetlands:
- Filter water
- Erosion control - wave buffer and root anchors
3, Flood Control
- Replenish Ground Water
- Plant and Animal stuff
Wetlands:
What condition should trigger a “red flag” to see if something is a wetland or protected water/resource?
Wetlands:
If water flows, ponds or is present even part of the year, it may be a regulated stream or wetland
Wetlands:
Who can help determine if a site is a wetland or other resource
Wetlands
- regulatory agency
- Biologist
Wetlands:
What are 5 things that could increase or decrease the number/types of permits needed on a given site?
expand on each of the 5 things?
Wetlands:
- Type of work
- Timing of work
- Location of work
- Biology in Area
- Project size
- TYPE OF WORK: removing invasive species or doing “ministerial approval” work instead of “discretionary approval work will require fewer permits
- TIMING: are bids nesting, are streams dry or running?
-LOCATION:
Coastal commission jurisdiction
Ca Dpt Ntr Resources, CDFW jurisdiction: steam/river/wetlands and includes entire riparian zone. (more than USACE)
USACE jurisdiction: high water mark including adjacent wetland, does not include riparian zone.
Watershed protection districts: varies by county etc.
BIOLOGY: migration corridors, protected plants and animals
PROJECT SIZE:
1. CEQA exempt under 5acre HABIT RESTORATION
- SWRCB, storm water prevention plan exempt under 1 acre of soil disturbed
- Army Corp Nationwide permits often have size limits
Wetlands:
Stream realignment around a proposed development (not in coastal zone), 10 acre, protected snake found, protected trees need trimmed:
What agencies have jurisdiction in this area?
Likely Permits/Approvals for the following
- moving materiel into or within stream?
- Disturbing riparian veg and altering stream?
- Grading in Stream or wetland?
- Project disturbs over 1 acre of soil?
- Pumping or releasing water?
- working in watershed?
- Removing or trimming protected trees?
Wetlands:
Jurisdiction:
- USACE
- Dpt of Ntl Resources, CDFW
- County watershed protection dpt
- moving materiel into or within stream
1. USACE 404 IP for filling or removing
- Cal EPA, RWQCB 401 certification required if USACE 404 is needed
- Disturbing riparian veg and altering stream:
1. Dpt Ntr Resources, CDFW streambed alteration
- Dpt Ntr Resources, CDFW protected species consultation.
- Grading in Stream or wetland:
1. County Public works grading permit
2. CEQA - Project disturbs over 1 acre of soil?
1. Cal EPA, SWRCB Construction General Permit & Storm Water Pollution Prevention Plan - Pumping or releasing water
1. Cal EPA RWQCB, Waste Discharge Requirements permit - working in watershed: County protected district permit
- Removing or trimming protected trees? County protected tree permit
Wetlands trigger:
-moving materiel into or within stream?
Wetlands trigger:
- moving materiel into or within stream
1. USACE 404 IP for filling or removing
Wetlands trigger:
-Disturbing riparian veg and altering stream?
Wetlands trigger:
- Disturbing riparian veg and altering stream:
1. Dpt Ntr Resources, CDFW streambed alteration
Wetlands trigger:
-Grading in Stream or wetland?
Wetlands trigger:
- Grading in Stream or wetland:
1. County Public works grading permit
2. CEQA
Wetlands trigger:
-Project disturbs over 1 acre of soil?
Wetlands trigger:
- Project disturbs over 1 acre of soil?
1. Cal EPA, SWRCB Construction General Permit & Storm Water Pollution Prevention Plan
Wetlands trigger:
-Pumping or releasing water?
Wetlands trigger:
- Pumping or releasing water
1. Cal EPA RWQCB, Waste Discharge Requirements permit
Wetlands trigger:
-working in watershed?
Wetlands trigger:
-working in watershed: County protected district permit
Wetlands trigger:
State listed protected species?
Wetlands trigger:
State listed protected species:
Cal Dpt Ntr Resources, CDFW
Wetlands trigger:
Fed listed protected species?
Wetlands trigger:
Fed listed protected species:
USFWS
Wetlands trigger:
California state park work?
Wetlands trigger:
California state park work:
CA State Park Approval
Wetlands project example:
Habitat Restoration at streambank
- install native plans on steambank,
- work above high water mark,
- watershed stream
- not coastal zone
- no alt of stream bank
- Endangered bird nest on site (fed and state)
-Likely permits?
Wetlands project example:
likly permits:
- CDFG streambed alt for disturbing vegetation (might not be req’d but its close)
- CEQA
- CDFG/USFWS for bird
- CA state park
wetlands?
Do isolated wetlands or wetlands attached to streams etc usually require more permits?
wetlands?
Isolated wetlands usually have fewer permits than wetlands connected to streams
Wetlands project examples:
removing invasive species with hand tools
- not in USACE
- not in CDFG
- not in coastal zone
no permits required….permits would be required if it was in any of the jurisdictions however.
Wetlands project examples:
removing invasive reed plans from stream
- spraying herbicide
- removing dead vegetation with tractor
- Minor changes to soil/discharge into water
- water present during work
- Fed and State protected fish in stream
- 5 acres
-Likely permits/approvals?
Wetlands project examples:
- Likely permits/approvals
- USACE 404 for removing weeds and Cal EPA RWQCD 401 certificate which is required by the Fed water Quality Act when an USACE permit is needed
- Cal Dpt Ntl Resources, CDFW for altering a streambed or messing with riparian veg
- CDFW and National Marine Fishery Service for endanged fish
- County public works for grading
- Ceqa for grading (bc of discretionary approval being required by a public agency)
-Cal EPA, SWRCB Construction General Permit & Storm water Pollution Prevention Plan for disturbing more than 1 acre of soil
wetland trigger:
fed and state endangered fish
wetland trigger:
CDFW and NMFS (national marine Fishery service or NOAA fisheries
wetlands:
what is NMFS?
wetlands:
National Marine Fishery Service or NOAA fisheries informally…endangers fish etc
wetlands project examples:
Maintaining a Farm Ditch:
-cleaning out sediment with bulldozer
-Possibly USACE and CDFW
Possible permits needed?
wetlands project examples:
USACE 404 for removing material and RWQCD 401 certification
- CDFG streambed alteration
- County Grading permit and CEQA if discretionary approval is required by the county
Wetlands:
When are farm ditches subject to wetland or stream regulations? 5
Wetlands:
- Originally a stream or wetland
- Connects to a stream or wetland
- USACE definition of wetland
- supports native vegetation
- connections to tide
Wetlands
Another name for a farm ditch?
Wetlands:
Channelized stream
Wetlands:
Emergency repair in a stream. Can the approval process be dismissed due to emergency?
no…it can be streamlined but not dismissed
wetlands project examples:
Clearing Debris from clogged channel and repairing damage to levee.
- 3acre
- USACE and CDFW jurisdiction
- protected watershed street
-permits likely needed? and when should they be gotten?
- USACE 404 and Cal EPA RWQCB 401 certification—after the fact
- Ca Dpt Ntr Resources, CDFW streambed alteration— alert right away
- Country Watershed Protection District permit- after the fact
- County public works grading - after the fat
wetlands project examples:
Stream bank stabilization
- 5 acre
- add native plants
- stabilize bank
- work went water not present
- In protected watershed
wetlands project examples:
Stream bank stabilization:
-USACE 404 and therefore RWQCB 401 certification
- CDFW streambed alteration
- County Public works for grading in stream
- CEQA due to “discretionary approval required”
- County watershed protection dpt
wetlands project examples:
Culvert installation or removal in stream:
- 0.25acre
- remove/reroute water during construction
- Coastal zone
- not protected watershed stream
wetlands project examples:
Culvert installation or removal in stream:
- USACE 404 and RWQCB 401 certification
- CDFW streambed alteration
County public works for grading
- CEQA due to discretionary approval that is required
- Coastal commission approval
- RWQCB Water Discharge requirements (WDR) and National Pollutant Discharge Elimination (NPDE)
wetlands project examples:
Utility line added under stream
- 0.75 acre
- Coastal zone
- Directional drilling outside of riparian zone and under stream to other side outside of riparian zone
- Drilling muds will be taken to a permitted disposal facility
- Protected Hawk nest, work will occur outside of nesting season
-
wetlands project examples:
Work is outside of USACE and CDPW jurisdiction because it is outside riparian zone and under the stream (common trick)
- CDFW stream bed alteration frac out plan and CEQA
- Coastal zone permit and CEQA
- County watershed protection district permit if any work is done in stream
wetlands:
Permit needed for drilling under stream…staring outside riparian zone and ending outside other riparian zone
-CDFG streambed alteration and frac out plan to make sure nothing leaks into stream (which would be in their jurisdiction)
wetland example:
Temp film crew access to site
- crossing stream
- earth moved within stream for equipment access
- not coastal zone
- not protected watershed stream
- no protected species
- 0.5 acre
wetland example:
Temp film crew access to site:
USACE 404 and CDFW 401 certification with CEQA to move dirt
CDFW streambed alteration with CEQA for disturbing vegitation
County public works for grading permit and CEQA
Wetlands BIG FOUR
USACE 404
RWQCD 401 Certification
CDGW Streambed Alteration Agreement
CEQA
What does the Clean Water Act regulate?
“Waters of the US”
everything
includes areas influenced by tides
navigable waters
on navigable waters the jurisdiction does to ordinary high tide and adjacent wetlands…but not riparian zone.
Wetlands:
Who issues 404 permits?
What are the 3 types of 404 permits?
-USACE
- 3 types of 404 permits
1. RGP, regional general permit
2. NWP, national permit
3. IP, individual permit
RGP: easiest to get, prewritten for maintenance like removing invasive species or emergency alterations. often have RWQCB 401 cert pre approved also..along with CDFW endanger species pre approval.
NWP: Majority of permits. like RGP but for entire nation. road crossing, bank stabilization, CAN NOT BE MORE THAN 0.5 ACRE (individual permit require over 0.5 acre)
IP: others, larger, etc…well just individual
Who issues a 401 certification?
What is it for?
What requires them to issue this?
- RWQCB (under Cal EPA and SWRCB)
- State must certity that work planning to be done under a USACE 404 permit complies with State water quality standards
- Federal Clean Water Act requires that all states do this.
Wetlands:
-Primary permit triggered by alteration of vegetation in riparian zone?
CDFW streambed alteration permit.
CDFW streambed alteration permit triggers? 3
1 changing water flow in steams lakes etc
- Taking material
- Leaving material
- change flow of river
- change flow of lake
- change flow of stream
- using material from area
- disposing waste in area.
Wetlands:
When is CEQA required
When ever the work requires “discretionary approval”… ministerial work does not need CEQA approval.
Wetlands:
Examples of typical (depends on county sometimes) discretionary approvals that would trigger CEQA on a wetland project
- Coastal zone permit
- Public works grading permit
- CDFW streambed alteration agreement
- RWQCB 401 certification
CEQA common timming
Negative Dec: 180 days (per ventura county)
Mitigated Neg Dec: 180 days
EIR: 365 days
Wetlands
Typical CEQA exemptions? 4
Wetlands
Typical CEQA exemptions:
- Wildlife habitat aquisition
- 0.5 acre habitat restoration
- Maintenance
- Emergencies
What is a section 10 permit, who issues and what is if for?
What ACT requires this?
What are triggers for a section 10 permit? 2
Examples of work that get a section 10 permit? 3
USACE issues section 10 permit to keep navigable waters from being obstructed.
-required by RIVERS AND HARBORS ACT
triggers
- any work in or impacting navigable waters
- discharged into navigable waters
examples:
- piers, wharf’s, marinas
- pipeline crossings
- dredging navigable waters
What federal agency manages migration of steel head trout
NOAA/ NMFS…also probably CDFW (state agency)
What is a General Permit and who issues it?
What is required as part of this permit (sometimes)? what what triggers it being required?
Typical activities that require a general permit? 4
(maintenance does not count)
SWRCB (under Cal EPA) issues the General permit which is a state wide permit (which is why its the SWRCB instead of the RWQCB). deals with construction storm water
-SWPPP, Storm Water Pollution Prevention Plan is required as part of this if more than 1acre is disturbed (cant break up into smaller pieces to avoid).
Typical activities that require a general permit:
- Clearing
- Grading
- Stockpiling
- removal/replacement
Where does SWRCB get its authority? 2
- Clean Water Act
2. CA Porter-Cologne Water Quality Control Act (Water code)
What are WDR permits and who issues?
What code is this under?
What does this include?
What other national permit does this usually fulfill?
Triggers?
Examples?
What permit might be able to cover these requirements and with permission prevent the need for this permit?
- Waste Discharge Requirement permits
- RWQCB
- code: Ca Water code
- includes: wastewater discharged any (land or water)
- Clean water Acts, NPDES permit (national pollution discharge elimination system)
Triggers:
- discharge or wastewater into surface waters
- discharged of wastewater into ground waters
- discharge of wastewater to land.
Examples:
- reroute water to work in stream
- dewatering
- pumping and release of water
exception:
SWRCB General permit and associated SWPPP can sometimes cover the requirement for discharge and not required the WDR
What is better than using cement to stabilize streambanks? 2
- Vegitaion
2. give more room to meander.
What agency is CCC
California Coastal Commission
What is and ESHA
Environmentally sensitive habitat area. (most streams and wetlands are included in these areas)
What is CCA
California Coastal Act
What is a CSC?
Ca Species of Special Concern, requires a consulation with CDFW
What type of permit usually doubles as a CCC Coastal Zone Development Permit and who/what give it authority?
When does the Ca Coastal Commission get involved themselves?
Local Land Use Permits usually are designed to double as a Coastal Zone Development Permit.
The California Coastal Act required city/counties to have local coastal plans that follow (for surpass) CCA requirements….so typically following the city land use also complies with the CCC Coastal Zone Development Permi.
- CCC gets involved in:
1. areas with tidal influence
2. Public trust lands
3. when someone appeals a permit issued by the local agency
What does the CCA protect?
extra protection for ESHA
environmentally sensitive habitat areas.
What is a LCP
Local Costal program, CA Coastal Commission Act requires citys/counties to have a LCP that includes all of the Ca Coastal Act requirements.
Most counties consider many grading projects as ministerial. What grading activity would usually (in most counties) require a discretionary approval and therefore trigger CEQA
moving earth in the following:
- around steam or wetland
- Sensative eco area
- Archeological area
- Scenic area
- Geological hazard areas
What agency is usually in charge of water quality management after a project is finished?
RWQCB
What type of work requires a SWPPP?
Who issues?
-SWCB
What permit (main one) is needed to discharge waste water from a point source?
What is a point source?
What are example of pollutants?
What other permit is likely required?
NPDES nation pollutant discharge elimination system permit
discrete conveyance..pipes, mina-man ditches.
-rock, sand dirt, ag, industrial waste, other waste
-Joint permit is probably required.
WDR permit, waste discharge requirment permit by the RWQCB
Is a general permit SWPPP require for maintenance to keep or restore sites grade?
What are some things that would require a SWPPP
No. maintenance construction does not require a SWPPP under the general permit issued by the SWRCB.
Grading, stockpiling, excavation do require a SWPPP if more than 1 acre is disturbed.
