1. Consolidating Permitting. 

The 401 Wetlands Unit issues general permits when certifying Corps' RGPs or NWPs, or state agency regional restoration projects (click here). We also have issued a general permit for minimal discharges to wetlands (click here). There is one joint agency permit application ("one-stop shoping") for a specific region which is the San Francisco estuary (click here).

A. Under this category, which activities has your state found most useful?

Since our main workload is issuing 401 certifications, general permits for the Corps' permits is most useful.All these permit types have been done in the past. 

B. Which activities, if any, have been done in the past?

All these permit types have been done in the past.

C. What’s underway now, if anything?

No activities currently underway in this regard. 

D. What is planned, if anything?

No plans

F. These activities improved: 

Timeliness

2. Communication before Permitting 

We have identified this area as one that is high priority to address.

A. Under this category, which activities has your state found most useful?

Currently we concentrate on assisting the permit applicant in desing alternatives that would avoid or minimize impacts to water quality.

B. Which activities, if any, have been done in the past? 

Only A above. 

C. What’s underway now, if anything? 

We are developing a Wetland and Riparian Area Protection Policy that will include regulatory rules similiar to the federal 404(b)(1) guidelines and new mitigation rule for dredge and fill impacts to water quality.including wetlands. We will additionally be developing wetland beneficial uses and water quality objectives for statewide implementation. Finally, we will also be developing riparian area protection measures.

E. Any links to relevant documents or webpages? 

Here is a link to the wetland and riparian policy webpage, click here. 

F. These activities improved: 

Timeliness
Environmental Protection
Understanding 

3. On-line applications. 

Currently, there is one example of an online permit application for federal and state permits available for the San Francisco esturary area as I previously noted.

A. Under this category, which activities has your state found most useful? 

N/A 

B. Which activities, if any, have been done in the past?  

Only the above. 

C. What’s underway now, if anything?

Currently we have obtained EPA funding to develop an online 401 Wetlands application. It is scheduled for completion December 2010. This application will be made available in only some parts of the state as a pilot.

D. What is planned, if anything? 

We plan on making it statewide if successful. 

E. Any links to relevant documents or webpages? 

Software Specification: Online 401/WDR Application (2/16/09)

F. These activities improved: 

Timeliness

 4. Utilizing Technology.

The State Water Resources Control Board has particpated in the development of a rapid assessment method for wetlands called the California Rapid Assmessment Method (CRAM). The method is used to assess wetland condition as opposed to function. The research has been funded by EPA. As part of developing a Wetland and Riparian Area Protection policy, we are also working on developing a practical and effective "watershed approach" and a wetland assessment and monitoring program. Additional work in this area includes developing a wetland definition and classification scheme. This research is also being funded by EPA.

A. Under this category, which activities has your state found most useful?

The wetland rapid assessment method is definitly useful for wetland mitigation monitoring and ambient assessment.

B. Which activities, if any, have been done in the past

We have been pursuing CRAM development and the policy development for a number of years.

C. What’s underway now, if anything?

The above.

D. What is planned, if anything?

We would like to get the policy adopted by the State Water Resources Control Board which will implement these measures. We plan to roll out the policy in three phases with the first phase scheduled for adoption mid-2011.

E. Any links to relevant documents or webpages?

Clean Water Act Section 401 – Certification and Wetlands Program

F. These activities improved:

Timeliness
Environmental Protection
Understanding

5. Data management. 

This area has been identified as a high priority with the 401 Wetland unit program. 

A. Under this category, which activities has your state found most useful?

Developing a wetland and riparian area tracking database with planned links to ORM2.

B. Which activities, if any, have been done in the past?

We are currently using an Access database.

C. What’s underway now, if anything?

As mentioned previously, the State Water Resources Control Board is supporting research funded by EPA to develop a statewide GIS database for wetland and riparian area tracking. This database will also be used to store the online 401 application which is being developed concurrently including maps of proposed mitigation sites and impact sites.

D. What is planned, if anything?

Above...Wetland Tracker is up and running and the online application will be finalized December 2010.

E. Any links to relevant documents or webpages?

Wetland Tracker

F. These activities improved:

Timeliness
Environmental Protection
Understanding

6. Consistency & Program Management / Evaluating Permit Decisions.

As mentioned previously, the 401 Wetland Unit is adopting a Wetland and Riparian Area Protection policy that will include adopting rules similar to the federal 404 (b)(1) guidelines and new mitigation rule. This will bring consistency to 401 permitting statewide and be supportive of the 404 requirements.

A. Under this category, which activities has your state found most useful?

Developing new regulations to bring consistency to the 401 permitting application review and appproval process.

B. Which activities, if any, have been done in the past?

N/A

C. What’s underway now, if anything?

Developing the policy. Rules scheduled for adoption mid-2011

D. What is planned, if anything?

Training to implement new permitting process.

E. Any links to relevant documents or webpages?

Policy

F. These activities improved:

Timeliness
Environmental Protection
Understanding

7. Other.

Working on how best to measure program performance.

C. What’s underway now, if anything?

The 401 Wetlands Unit has developed draft performance goals. However, the program is regionalized with offices in nine regions. This means the State office will have to collect statistics from the nine regional offices and this will be problematic.

E. Any links to relevant documents or webpages?

Performance Measure Description Form

F. These activities improved:

Understanding

8. What are the top three things that the state did to improve permitting?

1. Develop regulations 2. Develop online application 3. Develop wetland assessment tools: CRAM and Wetland Tracker

 A. These activities improved:

Timeliness
Environmental Protection
Understanding

9. For the activities described, are there special considerations and actions states should take to have a successful outcome?

EPA funding has been key. Also, broad collaborative approach with state and federal agencies. Finally, established research organizations that can be funded by EPA to carry out the necessary research to develop these concepts and tools.

10. Does the state have the ability to quantify/track success of improvements to its permitting program, or is it based on best professional judgment? Example: Some states use a database to measure the success of improvements so that they may provide actual numbers to their legislators if asked.

c) a combination of both tracking/quantifying and best professional judgment

A. These activities improved:

Timeliness
Environmental Protection
Understanding

 11. Links to relevant documents, webpages that can be shared with other states.

To go to our program webpage, click here.

Summary prepared by Bill Orme