OCPW provided a summary of their environmental program at the ASCE OC Branch June 2015 luncheon

1. Regulatory Permits
Lessons Learned from the Trenches

2. Outline
Why is permitting so complicated?
Why does it take so long?
What can I do to make the process more
efficient?

3. Regulatory Requirements
Federal State

4. Typical Permits
 Army Corps of Engineers (404 Permit)
• Individual Permit
 Standard Individual Permit
 Letter of Permission
• Regional General Permit
• Nationwide Permit: streamlined, minimal impacts.
(2017 Reissuance)
 California Regional Water Quality Control Board
• Section 401 Water Quality Certification
 California Department of Fish and Wildlife
• Non-substantial impact
• Operation by law letter
• Streambed Alteration Agreement

5. Timelines
 Army Corps:
• 15 days to review and deem complete (33CFR§325.2)
• National target is to issue permits in 120 days after being
deemed complete.
 Regional Water Quality Board (RWQCB):
• 30 days to deem complete
• If RWQCB fails or refuses to issue 401 Certification within
60 days, then ACOE can consider 401 waived; Corps can
also grant RWQCB an extension.
• RWQCB has 180 days to take an action. An action can be
a “denial without prejudice” where additional information
can be requested.
 California Department of Fish and Wildlife
• A draft agreement should be issued within 60 days from
the date notification is complete.

6. Evaluation Criteria
 Project scope clearly defined: what, how, when and where?
• Delineation of permanent disturbance areas
• Methods of construction, temporary impacts and staging
• Right of way
 Burden on applicant to prove project is least environmentally
damaging
 Mitigation must be in-kind and OFFSET impacts
 Is project single and complete?
 Thresholds for NWPs
 Impacts avoided, minimized or mitigated

7. Mitigation Options
CDFW and
RWQCB:
• Onsite or
within
watershed
ACOE:
• Banks
• In-lieu fee programs
• Permittee responsible

8. Financial Responsibility
Short-term financial assurance:
• Mitigation implementation
Long-term financial assurance:
• Escrow
• Letter of credit
• Endowment

9. Helpful Hints
• Start early
• Define jurisdictional impacts
• Provide detailed project description
• Think about permanent and temporary
impacts
• Follow Up
• Educate staff

10. Questions?