Difference between revisions of "Common Permits Required for Restoration in the Central Coast Region"

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(Summary)
(Summary)
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Restoration activities are based on restoration science, which is a multidisciplinary approach combining hydrology, biology, oceanography, and the social sciences to protect the natural environment.<ref>http://www.habitat.noaa.gov/restoration/programs/restorationscience.html</ref>   
 
Restoration activities are based on restoration science, which is a multidisciplinary approach combining hydrology, biology, oceanography, and the social sciences to protect the natural environment.<ref>http://www.habitat.noaa.gov/restoration/programs/restorationscience.html</ref>   
  
This section has a complete list of permits (note: a few of those permits are not common, but specific to the project: http://ccows.csumb.edu/wiki/index.php/Monterey_Peninsula_Groundwater_Replenishment_Project#Permits_Required
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A complete list of permits is available here: (note: a few of those permits are not common, but specific to the project: http://ccows.csumb.edu/wiki/index.php/Monterey_Peninsula_Groundwater_Replenishment_Project#Permits_Required
  
 
=Navigating the Permitting Process=   
 
=Navigating the Permitting Process=   

Revision as of 10:47, 8 April 2014

Summary

Restoration and research in the Central Coast Region that involves alteration or impacts to natural and biological resources may require a number of permits from federal, state and local agencies. The permit process helps protect the environment by ensuring compliance with local laws and regulation. By tracking the number and types of permits issued, regulatory agencies can set standards for restoration activity, develop new standards, and protect the environment for current and future generations.[1]

Restoration activities are based on restoration science, which is a multidisciplinary approach combining hydrology, biology, oceanography, and the social sciences to protect the natural environment.[2]

A complete list of permits is available here: (note: a few of those permits are not common, but specific to the project: http://ccows.csumb.edu/wiki/index.php/Monterey_Peninsula_Groundwater_Replenishment_Project#Permits_Required

Navigating the Permitting Process

[3]

  • Start early, preferably a year prior to project start date
  • Contact all relevant agencies simultaneously
  • Budget funds to match the required fees for permits
  • If possible, invite agencies to the project site for complete assessment

A complete list of steps for project approval is available here: ANR Guide

General v. Individual Permits

General permits (including Nationwide) reduce the regulatory burden and delay of the permitting process and allow private land owners or developers to proceed with plans without a site specific evaluation in advance. Annually, approximately 92% of the permits issued by the Army Corps of Engineers were general permits.[4]

Individual permits take longer to process and are subject to site specific evaluation, public hearing, and public notice. [5]

Examples of general permits include: [6]

  • Placement of aids to navigation approved by, and installed according to, U.S. Coast Guard requirements (nationwide permit 1)
  • Activities related to construction and maintenance of authorized outfall structures and associated intake structures (nationwide permit 7)
  • Stream or river bank stabilization activities necessary to prevent erosion(nationwide permit 13)
  • Minor dredging, that is, dredging of no more than 25 cubic yards of material(nationwide permit 19)
  • Activities associated with restoration, enhancement, or establishment of wetlands and riparian areas where the activities result in net increase in aquatic resource functions and services (nationwide permit 27)

Federal permitting agencies and the permits they issue

United States Army Corps of Engineers
The USACOE has jurisdiction over navigable waters. Navigable waters waters of the United States are defined in the Code of Federal Regulations (CFR), specifically 33 CFR part 329 as: waters that are subject to the ebb and flow of the tides and/or are presently used, or have been used in the past or may be susceptible for use to transport interstate or foreign commerce.[7]

The following is a list of common permits required for restoration and research. For a full list of permits see Regulatory Program Requirements.

  • Section 10 of the Rivers and Harbors Act of 1899 33 U.S.C. 403: Permit must be acquired to fill or excavate a waterway [8]
  • Section 404 of the Clean Water Act: Permit must be acquired to discharge fill material (e.g. sediment, rock into the navigable waters [9].

National Marine Fisheries Service

  • Endangered Species Act (ESA) Section 7: A biological opinions document must be obtained whenever a project may impact an ESA-listed species or habitat [10].
  • ESA Section 10(a)(1)(A)) and Section 10(a)(1)(B)):If a project may result in take of an ESA-listed species an incidental take permit or a permit for scientific research must be acquired [11].

State permitting agencies and the permits they issue

Regional Water Quality Control Board

  • 401 Water Quality Certification: Required to discharge fill material into a waterway or wetland [12].

California Department of Fish and Wildlife

  • Fish and Game Code (Section 1602): Must notify CDFW of any activity that may modify a river, stream or lake. If CDFW determines that the activity negatively impacts fish and wildlife, a Lake or Streambed Alteration Agreement will be prepared [13].

California Coastal Commission

  • Coastal Development Permit: Necessary if work will be conducted within 6 miles of the coast [14].

References

  1. http://ucanr.org/sites/csnce/files/57548.pdf
  2. http://www.habitat.noaa.gov/restoration/programs/restorationscience.html
  3. http://ucanr.org/sites/csnce/files/57548.pdf
  4. https://www.fas.org/sgp/crs/natsec/97-223.pdf
  5. https://www.fas.org/sgp/crs/natsec/97-223.pdf
  6. https://www.fas.org/sgp/crs/natsec/97-223.pdf
  7. http://www.gpo.gov/fdsys/pkg/CFR-2011-title33-vol3/pdf/CFR-2011-title33-vol3-part329.pdf
  8. http://www.usace.army.mil/Portals/2/docs/civilworks/regulatory/materials/rhsec10.pdf
  9. http://www.usace.army.mil/Portals/2/docs/civilworks/regulatory/materials/cwa_sec404doc.pdf
  10. http://www.nmfs.noaa.gov/pr/consultation/opinions.htm
  11. http://www.nmfs.noaa.gov/pr/permits/esa_permits.htm
  12. http://www.swrcb.ca.gov/centralcoast/water_issues/programs/401wqcert/index.shtml
  13. http://www.dfg.ca.gov/habcon/1600/
  14. http://www.coastal.ca.gov/cdp/cdp-forms.html

External Links

See also

California Natural Diversity Database

Disclaimer

This page may contain students' work completed as part of assigned coursework. It may not be accurate. It does not necessarily reflect the opinion or policy of CSUMB, its staff, or students.