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