Section 1603 of the Fish and Game Code requires any person who proposes a project or activity that will substantially divert, or obstruct the natural flow, or substantially change the bed, channel, or bank of any river, stream, or lake, or use materials from a streambed, to notify DFG before beginning the project or activity. The DFG issues 1603 Agreements to landowners with approved THPs when necessary. The 1603 Agreements have been issued in the past regardless of whether the mitigation measures were disclosed in THPs. This changed as of May 1, 1999, due to a recent court ruling which requires the 1600 Agreement process to fully comply with CEQA. Previously, the DFG issued 1603 Agreements to private landowners without regard to CEQA, or Functional Equivalent Review for the project. The DFG is gearing up for the change and will utilize the THP review process as one mechanism for compliant clearance mandates on the 1603 Agreements.
Proposed Changes
The process envisioned by DFG will dovetail the 1603 Agreement process with the THP process. This proposal achieves the CEQA needs because the latter is a Functional Equivalent Review under CEQA. Section 1606 of the Fish and Game Code spells out the information requirements for THP submitters in order to meet the notification requirements of 1603. To fulfill the CEQA requirement of full disclosure of impacts and potential mitigation measures, additional analysis and descriptive information will have to be included in the THP if a project proposes activities that trigger section 1603. Section 1603 agreements will be issued by DFG after the THP, PTHP, or NTMP is approved. The RPF should include the following addendum to THPs to divulge the appropriate information and impact assessment. This information is optional. However, without it, the landowner will have to prepare the environmental documentation for DFG for each 1603. DFG will charge for reviewing the documents and it will take longer to get the 1603 permit. DFG charges $1250 for a Negative Declaration review and $850 or more for an EIR.
THP Addendum Questions for 1603 Agreements: [ ]Yes [ ] No Are there any drainage facilities or drainage structures, or other activities proposed in the THP which might substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake; or is the use of any material from the bed of such water features proposed? If yes, a Fish & Game Code 1603 Agreement is required. For each, provide the following information as appropriate.
Activity/Facility Description:
(a) The volume, type, and equipment to be used in
removing or displacing any one or combination of soil, sand,
gravel, or boulders;
(b) the volume of water, intended use, and equipment
to be used in any water diversion or impoundment, if applicable;
(c) the equipment to be used in road or bridge
construction or reconstruction;
(d) the type and density of vegetation to be affected
and an estimate of the area involved;
(e) the THP map shall include a diagram or sketch of
the location of the operation which clearly indicates the stream
or other water and access from a named public road. Locked
gates shall be indicated. The compass direction must be
shown; and
(f) A description of the period of time in which
operations will be carried out. Fish & Wildlife
Resources Potential Affected:
(g) aquatic species
(h) riparian species. Mode of Impact: e.g., changes in
sediment and or flow delivery rates, dewatered or impounded
watercourses, bank destabilized, eliminated riparian vegetation,
disturbance effects, and reduced canopy affects on microclimate
and/or water temperature. Mitigation Measures Proposed:
(j) detail measures proposed to mitigate each possible impact.
Fees The DFG has designed a tiered fee schedule for
THPs based on the number of stream crossings:
1) $530.00 fee per application with 1 or 2 stream
encroachments.
2) $662.00 fee per application with 3 or 4 stream
encroachments.
3) $794.00 fee per application with 5 to 9 stream
encroachments.
4) $883.00 fee per application with 10 or more stream
encroachments.
These fees are paid directly to DFG when applying for the 1603 permit.
Approved THPs and THPs Currently under Review
1. For approved THPs in need of a 1603 permit, there are two options available:
Option 1. RPFs submit an amendment that incorporates the above information. This will be a major amendment. Once the amendment is approved, RPFs need to submit the standard application for a 1603 permit to DFG and indicate on the form CEQA compliance through the THP process.
Option 2. RPFs go directly to the DFG and use their CEQA process, usually a mitigated Negative Declaration. Landowners will be responsible for all required CEQA fees, which can be sizable.
2. For THPs currently under review and not yet approved, the THP Addendum information will have to be included prior to THP approval. This will require that the public comment period will have to be open for at least 15 days after receipt of the amendment.
Andrea Tuttle, Director
CDF
July 2, 1999
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