CDFW Permitting Guidance - Corinne Gray - Sr. Environmental Scientist Supervisor Timothy Dodson - Sr. Environmental Scientist Specialist Watershed ...

CDFW Permitting Guidance

 Corinne Gray - Sr. Environmental Scientist Supervisor
Timothy Dodson - Sr. Environmental Scientist Specialist

            Watershed Enforcement Team
      California Department of Fish and Wildlife

CDFW’s Authority
CDFW has jurisdiction over the conservation,
protection, and management of fish, wildlife, native
plants, and habitat necessary for biologically
sustainable populations of those species (FGC § 1802)

Applicable Fish and Game Code
                 Sections
• 1602: Requires permit for alteration of bed, bank,
  and channel (includes water diversion)

• 5650/5652: Prohibits delivery of pollution (including
  sediment) to waters of the state

• 5937: Requires sufficient water for fish and
  amphibians below dam or point of diversion (POD)

• 5901: Prohibits preventing or impeding fish passage

CDFW’s Authority

– California
  Endangered
  Species Act (CESA:
  FGC § 2081)

– Lake and
  Streambed
  Alteration
  Agreements (LSAA:
  FGC § 1600 et seq.)

California Endangered Species Act
Coho Salmon – State and Federally Endangered

California Endangered Species Act
  California freshwater shrimp
     State and Federally Endangered

California Endangered Species Act
    California tiger salamander
     State and Federally Endangered

Steelhead Trout
Federally Threatened Species

When do you need a LSAA?

Fish and Game Code section 1602 requires an entity to
notify CDFW prior to commencing any activity that may
do one or more of the following:

   • Substantially divert or obstruct the natural flow of any
      river, stream or lake;

   • Substantially change or use any material from the bed,
      channel or bank of any river, stream, or lake; or

   • Deposit debris, waste or other materials that could pass
      into any river, stream or lake.

When do you need a LSAA?
"any river, stream or lake" includes those that are episodic
(they are dry for periods of time) as well as those that are
perennial (they flow year round).

• This includes ephemeral streams, desert washes, and
  watercourses with a subsurface flow.

• It may also apply to work undertaken within the flood
  plain of a body of water.

• Includes lakes, ponds and wet areas

Lake and Streambed Alteration Agreement
                                      LSAA
                                FGC § 1600 et seq

             Water Drafting/ Diversions           Stream Crossings

Photo: JoAnn Dunn

                                           Photo: JoAnn Dunn

Example: “Class III” Streams

     Photo: Dave Manthorne

More: “Class II” Streams

Examples: Small Streams

Examples: Culverts

What is a Substantial Diversion?

• While actively diverting water from stream, there is no flow
  or very low flow in the stream below the point of diversion.

• While actively diverting water from stream, the flow in the
  stream below the point of diversion is considerably
  reduced, as determined by, for example, measurable or
  visual decrease in the water surface elevation; visual
  reduction in the width of the stream surface flow; or
  stranded aquatic organisms in pools or in the streambed
  outside of the wetted channel.”
                              From April 15, 2016 letter to the Siskiyou County Board of
                              Supervisors requesting guidance from CDFW

A well may need a Water Right if it is diverting from a “subterranean
                            stream”.

      A well may need a LSAA if it is diverting “natural flow”.

Water Diversion Permitting

•If you are directly diverting from a stream or a spring,
you may need a permit from CDFW

•If you have a well that is near a stream than you may
need a permit from CDFW

•If you are diverting from a pond, wetland, or wet area,
then you may need a permit from CDFW

•If you are diverting from locations where fish or
amphibians live, you will need to screen the intake

Why is Instream Flow Important?
• Stream riffles must have flow to produce food in
  streams; and support invertebrate drift feeding for fish
• Dewatered riffles reduce the dissolved oxygen available
  in pool habitats
• Migration cannot occur without adequate water in
  riffles

Water Diversion Permitting
         What can it include?
• Water diversions should have adequate bypass flows
to protect downstream resources

• Based on the location of the diversion, and the
watersheds water use and availability, CDFW is likely to
assign a forbearance period (no diversion) or require a
site specific bypass flow study

•To meet forbearance terms, water storage may be
necessary and such as a tank or a reservoir

•Rate of diversion - slower is better

Reservoir Design Tips
• Reservoirs should be sized to meet
  your water needs for storage of up
  to 180 days

• Reservoirs should be able to be
  drained to interrupt the life cycle if
  invasive bullfrogs are present

• Reservoirs should be designed to
  prevent entrapment of wildlife

• Reservoirs must be designed by a
  licensed engineer

Google Earth Documents
 Time of Construction

Water Diversion

Photo: Dave Manthorne

Water Diversion:
        Spring Excavation Not OK

Photo: Dave Manthorne

Good Location for a Pond?

Photo: Dave Manthorne

Spillway Constructed as Designed?

Photo: Dave Manthorne

Cracked Fill Face is a Bad Sign

Photo: Dave Manthorne

Unpermitted On-stream Pond

Photo: Dave Manthorne

No Spillway

Photo: Dave Manthorne

Overflow Outlets can Cause Significant Erosion

 Photo: Dave Manthorne

Overflow Location and Sizing

Photo: Dave Manthorne

Built on Wetland

Photo: Dave Manthorne

Reservoir Fail = Expensive Liability

Photo: Dave Manthorne

Stream Crossings

Stream Crossings Tips: Culverts

- Culverts shall be sized to pass a 100-Year storm
  event and associated debris (ex. trees, branches)

- Culverts shall be set to grade, aligned with the
  natural stream channel, and extended beyond the
  fill slope (one 20 foot section will not do in most
  cases)

- Rock armoring required around the culvert to
  dissipate energy and reduce erosion

- Consult with a professional!

Better Culvert

Photo: Dave Manthorne

Poor Design now “shot-gunned”

Photo: Dave Manthorne

Poor Design

Poorly Designed Culverts Can
   Destroy Your Property

Diversion
                       pumps

Store equipment and
materials away from
       streams                    diesel fuel for
                                   generators

Fish and Game Code section
                12025

Enhanced fines for Fish and Game Code 1602,
5650 and 5652 violations related to cannabis
cultivation

    $8,000-$10,000 per violation, per day.

Contacts at CDFW
• Corinne Gray - 707-944-5526
• Tim Dodson – 707-944-5513
• Napa Office – 707-944-5500

For Permits for your roads, culverts, bridges, crossings,
diversion, water storage.

https://www.wildlife.ca.gov/Conservation/LSA/Forms

• Properly designed roads, crossings and
  diversions should be thought of as a business
  expense

• Keeping your property in good condition is a
  good investment

• Talk to a professional, they can help you plan!

                 Thank you!