LEGAL AUTHORITY LEGAL AUTHORITY The DFG Lake and Streambed - PDF document

Ecology and Conservation of Coastal California's Riparian Areas May 12, 2005 CALIFORNIA DEPARTMENT OF FISH AND GAME RIPARIAN RESOURCES AND REGULATORS: LEGAL AUTHORITY LEGAL AUTHORITY The DFG Lake and Streambed Alteration “1600” Process AND JURISDICTIONS AND JURISDICTIONS Serge Glushkoff CENTRAL COAST REGION YOUNTVILLE SPRING 2005 FEDERAL: CLEAN WATER ACT FEDERAL: CLEAN WATER ACT FEDERAL II FEDERAL II � SECTION 401: SECTION 401: � � INTERNATIONAL MIGRATORY BIRD INTERNATIONAL MIGRATORY BIRD � � REGIONAL WATER QUALITY CONTROL BOARD REGIONAL WATER QUALITY CONTROL BOARD � TREATY ACT TREATY ACT Water Quality Certification Water Quality Certification � SECTION 404: � SECTION 404: � U.S. ARMY CORPS OF ENGINEERS PERMIT: � U.S. ARMY CORPS OF ENGINEERS PERMIT: � MAY INITIATE CONSULTATION WITH: MAY INITIATE CONSULTATION WITH: � NOAA (NMFS) FISHERIES NOAA (NMFS) FISHERIES U.S. FISH AND WILDLIFE SERVICE U.S. FISH AND WILDLIFE SERVICE (SECTION 7 OR SECTION 10 CONSULTATION) (SECTION 7 OR SECTION 10 CONSULTATION) > > > Biological Opinion / Incidental Take Statement > > > Biological Opinion / Incidental Take Statement STATE OF CALIFORNIA COUNTY AND CITY (Department of Fish and Game) • CALIFORNIA • CALIFORNIA • RIPARIAN ENDANGERED ENVIRONMENTAL SETBACKS SPECIES ACT (CESA) QUALITY ACT • GRADING (CEQA) – Incidental Take Permit ORDINANCES OR – RESPONSIBLE AGENCY: (subject to CEQA – Consistency Determination Formally comment on CEQA documents with Federal Incidental Take if discretionary) Statement • “CALL – LEAD AGENCY: – Fully protected species Initiate CEQA process (no take, e.g. SF garter snake) FISH AND GAME” Coastal Training Program Elkhorn Slough National Estuarine Research Reserve 1/9 1

Ecology and Conservation of Coastal California's Riparian Areas May 12, 2005 The Mission of the Department of Fish and Game is to manage California's diverse fish, w ildlife, and plant resources, and the habitats upon w hich they depend, for their ecological values and for their use and enjoyment by the public. Department of Fish and Game The 1600 process protects Code Sections 1600-1616 waterways, lakes, ponds, (amended January 1,2004) riparian areas and associated resources by providing guidance to design projects so as to avoid or reduce impacts to a less than significant level in these areas. Who needs to apply for a 1600 agreement with the The Fish and Game Code Section Department of Fish and 1602 requires notification for any Game? project that … Coastal Training Program Elkhorn Slough National Estuarine Research Reserve 2/9 2

Ecology and Conservation of Coastal California's Riparian Areas May 12, 2005 …that will substantially divert The Department must decide or obstruct the natural flow of, whether 1) project sites and or substantially change or use impacts may affect a stream or any material …. from the bed, lake, and whether 2)potential channel, or bank of any river, changes may be substantial stream, or lake … On Jurisdiction Shading, dripline and root zone Source of Large Woody Debris (LWD) Source of fine litter Hillslope Hillslope Floodplain Terrace Floodplain Active Channel change the bed, channel, or bank of any river, stream, or lake …. Coastal Training Program Elkhorn Slough National Estuarine Research Reserve 3/9 3

Ecology and Conservation of Coastal California's Riparian Areas May 12, 2005 Once notified the Department will review the notification and determine if it is necessary to schedule a site visit to determine if the project has potential impacts and 1) needs an agreement, and 2) needs full (CEQA) environmental review. 1602 Reviews should assess: • Alteration to bed or bank • Alteration of water quantity or flow “Critical (program) Flows” characteristics • Alteration of water quality • Impacts to special status species PREVIOUSLY EXISTING PROJECTS • Effects on aquatic resources RECREATIONAL AGRICULTURAL GRAVEL OPERATIONS SUMMER DAMS DIVERSIONS / IMPOUNDMENTS • Effects on riparian vegetation • Effects on terrestrial species Coastal Training Program Elkhorn Slough National Estuarine Research Reserve 4/9 4

Ecology and Conservation of Coastal California's Riparian Areas May 12, 2005 Instream gravel mining “New flows” • Horizontal directional drilling (HDD):through (and sometimes into) the jurisdictional alluvium • Bridge projects with effects on the channel • “But there’s no fish here!” Riparian ecologistics • Fish • Corridors • Frogs and herptiles • Cumulative impacts • Birds and bats • Habitat heterogeneity • Sedimentation • Channel “integrity” • Invasive species • Native species, local genotypes Coastal Training Program Elkhorn Slough National Estuarine Research Reserve 5/9 5

Ecology and Conservation of Coastal California's Riparian Areas May 12, 2005 Riparian ecologistics • Fish • Corridors • Frogs and herptiles • Cumulative impacts • Birds and bats • Habitat heterogeneity • Germination • Channel “integrity” • Sedimentation • Invasive species • Native genotypes Waterscapes • Large woody debris (LWD) • Retain vegetation for bank stability • Dissipate new hydraulic energy entering channel • Protect riffles, pools, and spawnable substrate NRCS Bio- engineered Stream bank Stabilization Waterscapes and Design by Bob Albers and Phill Blake, Napa Field Office Ellie Insley Property introduced hardscapes • When feasible, retain access to floodplain • When feasible, use bioengineering • Avoid overarmoring (but engineer adequately) Severe streambank erosion left an 11 foot high vertical bank that After . Bank has stabilized, and willows are providing excellent set up further potential for significant property loss. NRCS design erosion protection and enhanced riparian habitat. Stream • Adequately sized culverts (fish and flood called for a brush layering treatment, and woven willow revetment meander is stabilized, without negatively effecting downstream wall. The brush layering consists of 3 alternating lifts of soil, properties. This project has successfully withstood several passage) willow cuttings, and wraps of coconut erosion control fabric. The near-flood stage events and is providing excellent stabilization. willow revetment, constructed of posts and weavings of live, dormant willows will become a live structure, established and maintained with a drip irrigation system. A rock barb was placed just upstream of the • Bridges vs. culverts brush layering reach, to deflect and roll stream tractive forces back into the channel center. Coastal Training Program Elkhorn Slough National Estuarine Research Reserve 6/9 6

Ecology and Conservation of Coastal California's Riparian Areas May 12, 2005 Waterscapes and introduced hardscapes The California • When feasible, retain access to floodplain Environmental Quality Act • When feasible, use bioengineering (CEQA) /1600 process • Avoid overarmoring (but engineer adequately) • Adequately sized culverts (fish and flood passage) • Bridges vs. culverts Superior Court of California County of Mendocino, Ukiah Branch This court order changed the process for obtaining Lake or Mendocino Environmental Center Streambed Alteration vs Agreements after California Department of Fish and Game May 1, 1999. February 3, 1999 How has CEQA changed the The Court found: 1600 process? … the Department of Fish and • The process now generally takes more Game must comply with the time because an environmental review, California Environmental subject to CEQA parameters, is done in addition to the field review. Quality Act (CEQA) when • The environmental review requires that issuing Lake or Streambed the impacts of the project be assessed Alteration Agreements and determinations made concerning the significance of those impacts to resources. Coastal Training Program Elkhorn Slough National Estuarine Research Reserve 7/9 7

Ecology and Conservation of Coastal California's Riparian Areas May 12, 2005 • To make these determinations, it is sometimes necessary to require additional surveys or for the Department to consult !Reality Check! with other agencies. • The assessments and determinations are subject to public review and input as part Resource protection mandates of the process. depend on staffing Who prepares the CEQA document? Key Concept Key Concept • Fish and Game CEQA r QA revi view ew s m must st cov cover r the the or … entire project • Another agency Can a previously prepared CEQA document be used? Yes, if it adequately covers the current project … Coastal Training Program Elkhorn Slough National Estuarine Research Reserve 8/9 8