EVEREST June, 2013 - California Department of Boating and ...

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Orange County Coastal Regional Sediment Management Plan of Title 1 is to prevent or strictly limit the dumping of materials that would unreasonably affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. Several agencies participate in the implementation of Marine Protection, Research, and Sanctuaries Act requirements. USEPA is the lead agency responsible for overall ocean disposal program management including site selection and management, establishes criteria for regulating waste disposal, and issues waste disposal permits other than for dredged material. USACE issues dredge disposal permits and provide recommendations regarding disposal site locations. Migratory Bird Treaty Act of 1972 The Migratory Bird Treaty Act (16 United States Code § 703, amended 1994), between the United States and Canada, and subsequent amendments to the Act, provide legal protection for most breeding birds occurring in the United States. The Act restricts the killing, taking, collecting, selling, or purchasing of native bird species or their parts, nests, or eggs. The Convention for the Protection of Migratory Birds and Animals (1936) between the United States and Mexico offers similar protection to birds. National Environmental Policy Act of 1969 (NEPA) The NEPA requires federal agencies to consider environmental consequences and project alternatives before a decision is made to implement a federal project. The law requires the government to consider the consequences of major federal actions on human and natural aspects of the environment in order to minimize, where possible, adverse impacts. Equally important, NEPA established a process of environmental review and public notification for federal planning and decision-making. The Council on Environmental Quality was established under NEPA, and in 1978 issued Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (40 Code of Federal Regulations §§ 1500-1508). Resulting documents under NEPA include environmental assessments (EAs) or environmental impact statements (EISs). National Historic Preservation Act Enacted in 1966, the National Historic Preservation Act created a federal program to preserve historic properties throughout the U.S. To assist the federal government in achieving program objectives, a State Historic Preservation Officer is responsible for developing and maintaining lists of prehistoric and historic places for inclusion in the National Register. Under Section 106 of the National Historic Preservation Act , the State Historic Preservation Officer consults with federal agencies on federal activities (including the issuance of certain permits) that may affect historic properties and the content and sufficiency of any plans developed to protect, manage, or reduce/mitigate harm to such properties. For beach restoration projects, the State Historic Preservation Officer would focus primarily on submerged artifacts (e.g., ship wrecks and Native American cultural resources) that might be affected by dredging operations. Projects initiated by non-federal agencies and organizations are also subject to National Historic Preservation Act . Everest International Consultants, Inc. C.5
Orange County Coastal Regional Sediment Management Plan The Section 106 review process will generally be triggered through notification requirements and interagency coordination requirements associated with Clean Water Act Section 404 and NEPA. Rivers and Harbors Act of 1899 Section 10 of the Rivers and Harbors Act of 1899 prohibits the unauthorized obstruction or alteration of any navigable waters of the United States, and authorizes USACE to regulate all activities that would alter or modify the course, location, condition, or capacity of navigable waters of the United States. Navigable waters of the United States are defined in 33 Code of Federal Regulations Part 329 as those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. USACE may process a Section 10 permit simultaneously with a 404 permit if the applicant were going to fill and place a structure in the same project. State Environmental Regulations California Endangered Species Act The CDFG (Fish and Game Code §§ 2050-2089) has regulatory authority over state-listed endangered and threatened species. The state legislature encourages cooperative and simultaneous findings between state and federal agencies. Participation by CDFG in federal consultation and adoption of a federal biological opinion is authorized by Fish and Game Code Section 2095. If the federal biological opinion is found to be inconsistent with California Endangered Species Act, the CDFG will issue its own biological opinion per Section 2090 of the Fish and Game Code and may issue a Section 2081 take permit with conditions of approval. California Environmental Quality Act (CEQA) CEQA requires that state and local agencies consider environmental consequences and project alternatives before a decision is made to implement a project requiring state or local government approval, financing, or participation by the State of California. In addition, CEQA requires the identification of ways to avoid or reduce environmental degradation or prevent environmental damage by requiring implementation of feasible alternatives or mitigation measures. Resulting documents under CEQA include negative declarations, mitigated negative declaration, or environmental impact reports (EIRs). CDFG Code: Sections 1600-1616 The CDFG (Fish and Game Code §§ 1600 through 1616) regulates activities with the potential to affect fish and wildlife resources associated with lakes, rivers, and streams of the state. A streambed alteration agreement is required if there is the potential to substantially adversely affect an existing fish or wildlife resource from activities that would substantially divert or Everest International Consultants, Inc. C.6
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