California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 2 - Certifications of Consistency › Section 5002 - Detailed Findings to Establish Consistency with the Delta Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  This policy specifies what must be addressed in a certification of consistency
				  filed by a State or local public agency with regard to a covered action. This
				  policy only applies after a "proposed action" has been determined by a State or
				  local public agency to be a covered action because it is covered by one or more
				  of the regulatory policies contained in Article 3. Inconsistency with this
				  policy may be the basis for an appeal.
(b) Certifications of consistency must
				  include detailed findings that address each of the following requirements:
(1) Covered actions, in order to be
				  consistent with the Delta Plan, must be consistent with this regulatory policy
				  and with each of the regulatory policies contained in Article 3 implicated by
				  the covered action. The Delta Stewardship Council acknowledges that in some
				  cases, based upon the nature of the covered action, full consistency with all
				  relevant regulatory policies may not be feasible. In those cases, the agency
				  that files the certification of consistency may nevertheless determine that the
				  covered action is consistent with the Delta Plan because, on whole, that action
				  is consistent with the coequal goals. That determination must include a clear
				  identification of areas where consistency with relevant regulatory policies is
				  not feasible, an explanation of the reasons why it is not feasible, and an
				  explanation of how the covered action nevertheless, on whole, is consistent
				  with the coequal goals. That determination is subject to review by the Delta
				  Stewardship Council on appeal;
(2)
				  Covered actions not exempt from CEQA must include all applicable feasible
				  mitigation measures adopted and incorporated into the Delta Plan as amended
				  April 26, 2018, which is here by incorporated by reference, (unless the
				  measure(s) are within the exclusive jurisdiction of an agency other than the
				  agency that files the certification of consistency), or substitute mitigation
				  measures that the agency that files the certification of consistency finds are
				  equally or more effective;
(3) As
				  relevant to the purpose and nature of the project, all covered actions must
				  document use of best available science;
(4) Ecosystem restoration and water
				  management covered actions must include adequate provisions, appropriate to the
				  scope of the covered action, to assure continued implementation of adaptive
				  management. This requirement shall be satisfied through both of the following:
(A) An adaptive management plan that
				  describes the approach to be taken consistent with the adaptive management
				  framework in Appendix 1B; and
(B)
				  Documentation of access to adequate resources and delineated authority by the
				  entity responsible for the implementation of the proposed adaptive management
				  process.