# Presentation: 744958

## Permit Coordination Multi-Agency Regulatory Compliance for Conservation Projects

- Dr. Daniel Mountjoy
- Area Resource Conservationist
- NRCS California
- National Environmental Policy Meeting
- June 14, 2005** **

## The Problem

**The Problem**

**The time and cost of individual project consultation is a disincentive to NRCS staff involvement**

## Incentives and Disincentives for Voluntary Conservation

**Landowner Interest**

**Implementation of Conservation Practices**

## If agency specialists are overwhelmed by the regulations...

**If agency specialists are overwhelmed by the regulations...**
**...why would the farmers attempt to get permits?**

## The Challenge

**Provide a less complex, less costly permitting alternative for land managers who are willing to invest in resource enhancement.**
**Work with regulatory agencies to use existing environmental protection procedures to safeguard public trust resources.**

## NRCS and RCD, SusCon Partnership

- Non-regulatory federal government agency (NRCS)
- State/Local Agency        (Resource Conservation Districts)
- Non-Profit Environmental Organization  (SusCon brings business solutions, environmental protection, and permitting expertise)

## Individual Permits

**Landowner Requests Assistance**

**NRCS Conservation Plan**

**Permit**

**Permit**

**Permit**

**Permit**

**Permit**

**Permit**

**Project on the Ground**

## The Permit Process – Revealed!

## Develop Programmatic Permits

**LandownerRequests Assistance**

**Permit**

**Permit**

**Permit**

**Permit**

**Permit**

**Permit**

**USFWS**

**Project on the Ground**

**NRCS/RCD**

**USFWS**

**Programmatic Consultation**

- Program. Biological Opinion & Incidental Take Permit

**NRCS Conservation Plan**

## Permit Coordination

**Watershed Based Permits**

**NRCS**
**RCD**
**SusCon**

**Permit Coordination**

**Project on the Ground**

**Landowner Requests Assistance**

**NRCS / RCD Conservation Plan**

**Cooperator Agreement**

_**Programmatic Agreements**_

_**Project Agreements**_

**Notes:**
How the permit coordination works. NRCS and RCD select conservation practices they would like covered under the permit coordination program . Sustainable Conservation facilitates the dialogue between the  RCD and the NRCS and works with the regulatory agencies to negotiate project conditions and particular approval vehicles from each agency. Essentially, the NRCS/RCD are seeking programmatic approval for a pre-approved, and conditioned set of practices to be implemented over an unknown number of projects and unknown project locations. That’s why we work very closely, and early on in the process, with you, the regulatory agencies to ensure appropriate environmental protection measures are built in to the program.  Once the approvals are in place, the NRCS and RCD staff will carry out the permit coordination program in Santa Cruz for the estimated lifetime of 5 years. 
We have this – the farmer interacts with the NRCS and RCD, not the agencies or any of the work behind the dotted line. The NRCS and RCD work with the landowner to develop a conservation plan that outlines a particular set of practices appropriate to address resource concerns on that individual’s land. As long as their project “fits” under the permit coordination program (appropriate practices, size, etc.), the landowner is covered by the permit coordination program.
EMPHASIZE** if at any time it is determined that their project is not in compliance—if they are not brought back into compliance—their project effectively drops out of the program and they are no longer covered by the permit coordination program.

The result of the permit coordination program is that a greater number of high quality projects go on the ground. We have demonstrated success of this program in other watersheds=-- In the Elkhorn Slough—during the first 5 years of the program (since 1998), 37 projects have been completed under the program; fifty percent more than were originally projected. The results of the permit coordination program have been dramatic. More than 41,000 tons of sediment was prevented from entering the Elkhorn Slough, its tributaries and the Monterey Bay National Marine Sanctuary.  More than two miles of stream bank and channel were restored or revegetated and 18 sediment and water control basins were constructed. In addition, the program has brought the NRCS into cooperation with many farmers who had not previously expressed interest in on-farm conservation.  The results we had anticipated – more conservation projects done, a broader range of projects implemented, and better quality projects – were met and exceeded 
Sausage factory joke

## Permit Coordination Process

- Assess watershed needs – will Program help?
- Define suitable conservation practices

**Clearing and Snagging**
**Critical Area Planting**
**Fish Stream Improvement**
**Grade Stabilization Structure**
**Grassed Waterway**
**Pipeline (across waterways)**
**Sediment Basin**
**Streambank Protection**
**Stream Channel Stabilization**
**Stream Corridor Improvement**

## Permit Coordination Process

- Get buy-in from regulatory agencies
- Negotiate environmental protection measures –  “Just tell us how to do it up front, and we’ll do it”
- Obtain programmatic permits
- Educate all NRCS and RCD staff about program
- Facilitate strong relationships among agencies

- Assess watershed needs – will Program help?
- Define suitable conservation practices

## Species Protection

- Assume the species is there, can you avoid?
- Consider breeding habits & life cycle of species
- Can you work when the critters aren’t there?
- Use pre-approved project conditions to minimize effect.
- Provide for incidental take.

## The Lead Role of NRCS

**Inventory Natural Resource Conditions**
**Formulate and Evaluate Alternative Solutions**
**Develop Conservation Plan**
**Implement Plan and Evaluate**

_**NRCS uses the Conservation Planning Process**_

## Sustainable Conservation:Facilitating Watershed-Based Approvals

**Sustainable Conservation:****Facilitating Watershed-Based Approvals**

**U. S. Fish and Wildlife Service National Marine Fisheries Service**
- Section 7 Consultation

**NRCS / RCD**

**U. S. Army Corps of**** Engineers**
- 404 Permit

**Local / County**
- Exemption ofGrading Permit

**California Department****of Fish and Game**
- Streambed Alteration Agreement

**California Coastal ****Commission**
- Coastal Zone Review

**Regional Water Quality****Control Board**
- 401 Certification

**SusCon**

## Regulatory Links

**County **
*Local Ordinances*
- Ordinance Exemption
- or
- Grading Permit

**U. S. Army Corps of****Engineers**
*Clean Water Act – Section 404*
- Nationwide Permit
- or
- Regional General Permit

**Regional Water Quality****Control Board**
*Porter Cologne Water Quality Control Act*
- 401 Certificationor
- Waste Discharge Requirement

**California Department of Fish and Game**
*California Endangered Species Act*
- 1602 Streambed Alteration Agreement

**California Coastal****Commission**
*Coastal Zone Management Act*
- Coastal Development Permit
- or
- Federal Consistency Review

**National Marine Fisheries Service**
*Endangered Species Act -Section 7 Consultation*
- Informal – Letter of Concurrence
- Formal – Biological Opinion

**U. S. Fish and ****Wildlife Service**
*Endangered Species Act -Section 7 Consultation*
- Informal – Letter of Concurrence
- Formal – Biological Opinion

**State Historic Preservation Office**
*National Historic Preservation Act*
- NRCS Process
- or
- Letter from California Historical Resources Information Center

*CEQA – California Environmental Quality Act*
- Categorical Exemption
- Negative Declaration
- Mitigated Negative Declaration

**California Reclamation Board **
*California Water Code*
- Encroachment Permit

**Agency**
*Regulation *
- Permitting Mechanism

## Programmatic Approvals

- Cover conservation work on private lands when done in partnership with the NRCS and RCD.
- Cover only specific conservation practices that have a net beneficial environmental impact.
- Have conditions established by each agency that guide design and construction.
- Require additional oversight and reporting by the NRCS.

## How the Program works for Landowners

- Landowner requests assistance from NRCS/RCD.
- NRCS/RCD develops conservation plan to meet landowner needs, enhance natural resources, and comply with Program permits.
- Landowner signs Cooperator Agreement to implement conservation plan.
- Project is covered by Program’s 			watershed agreements.
- No individual permit applications 				or fees (some exceptions)

## Slide 19

## Elkhorn Slough Watershed Permit Coordination Program  1998-2003

**Elkhorn Slough Watershed Permit Coordination Program  1998-2003**

## Elkhorn Slough Watershed Permit Coordination Program  1998-2003

**Elkhorn Slough Watershed Permit Coordination Program  1998-2003**

## Elkhorn Slough Watershed Permit Coordination Program  1998-2003

## Morro Bay Permit Coordination Program:  2002- 2004

## Permit Coordination:  A response to the Challenge

- “It’s a great example of how environmental regulation should work.  It makes sense for the farmer and rancher, the environment, and the regulatory agencies.”
- Congressman Sam Farr (California)