PROCEDURAL GUIDANCE FOR THE REVIEW OF WETLAND PROJECTS IN CALIFORNIA'S COASTAL ZONE
Purpose: This form letter can be used as a guide for commenting on an initial study, negative declaration, or notice of preparation for an environmental impact report involving a wetland development project in the coastal zone.
Date
Dear (insert name of individual or agency receiving comments):
Thank you for the opportunity to comment on the (insert complete name of document reviewed). The project referenced in this document involves development activities in the coastal zone and, as presented, will require a coastal development permit from the California Coastal Commission. Further, it appears that the proposed project may affect a wetland within the coastal zone through dredging, diking, filling, or other similar activity. The Coastal Act provides clear policies that allow for the regulation of development activities within or affecting wetlands. Among other requirements, Section 30233 of the Coastal Act identifies eight allowable uses, requires that the proposed project be the least environmentally damaging feasible alternative, and where applicable, requires feasible and appropriate mitigation. Specifically, Section 30233 provides, in part, that:
(a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following:
New or expanded port, energy, and coastal-dependent industrial facilities, including commercial fishing facilities.
Maintaining existing, or restoring previously dredged depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps.
In wetland areas only, entrance channels for new or expanded boating facilities; and in a degraded wetlands, identified by the Department of Fish and Game pursuant to subdivision (b) of Section 30411, for boating facilities if, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland. The size of the wetland area used for boating facilities, including berthing space, turning basins, necessary navigation channels, and any necessary support service facilities, shall not exceed 25 percent of the degraded wetland.
In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities.
Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake or outfall lines.
Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas.
Restoration purposes.
Nature study, aquaculture, or similar resource dependent activities.
(b) Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to marine and wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable long shore current systems.
(c) In addition to the other provisions of this section, diking, filling, or dredging in existing estuaries and wetlands shall maintain or enhance the functional capacity of the wetland or estuary. Any alteration of coastal wetlands identified by the Department of Fish and Game, including, but not limited to, the 19 coastal wetlands identified in its report entitled, "Acquisition Priorities for the Coastal Wetlands of California", shall be limited to very minor incidental public facilities, restorative measures, nature study, commercial fishing facilities in Bodega Bay, and development in already developed parts of south San Diego Bay, if otherwise in accordance with this division.
In addition, Coastal Act Sections 30230 and 30231 requires the protection of marine and biological resources. Section 30230 provides that:
Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes.
Section 30231 provides that:
The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams.
In order to assess the potential project effects on wetlands and their consistency with the Coastal Act, Commission staff have developed detailed filing requirements for coastal development permit applications proposing wetland development projects. Enclosed with this letter is a list of information required by Commission staff for the filing and processing of a coastal development permit application for a project proposing development in a wetland. It is suggested that the lead agency consider the Coastal Act sections cited above and the attached list of requirements and incorporate the necessary analyses into the appropriate documents required under CEQA. This will ensure that the resulting documents satisfy both the CEQA requirements and the California Coastal Commission's requirements for filing a complete coastal development permit application.
Thank you for providing us the opportunity to comment on this document. Should you have any questions, please call (insert name and phone number of CCC staff person).
Sincerely,
District Director
enclosure (enclose a copy of the list in Appendix B)
Purpose: This form letter can be used as a guide for commenting on an environmental impact report involving a wetland development project in the coastal zone.
Date
Dear (insert name of individual or agency receiving comments):
Thank you for the opportunity to comment on the (insert complete name of document reviewed). The project referenced in this document involves development activities in the coastal zone and, as presented, will require a coastal development permit from the California Coastal Commission. Further, it appears that the proposed project may affect a wetland within the coastal zone through dredging, diking, filling, or other similar activity. The Coastal Act provides clear policies that allow for the regulation of development activities within or affecting wetlands. Among other requirements, Section 30233 of the Coastal Act identifies eight allowable uses, requires that the proposed project be the least environmentally damaging feasible alternative, and where applicable, requires feasible and appropriate mitigation. Specifically, Section 30233 provides, in part, that:
(a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following:
New or expanded port, energy, and coastal-dependent industrial facilities, including commercial fishing facilities.
Maintaining existing, or restoring previously dredged depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps.
In wetland areas only, entrance channels for new or expanded boating facilities; and in a degraded wetlands, identified by the Department of Fish and Game pursuant to subdivision (b) of Section 30411, for boating facilities if, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland. The size of the wetland area used for boating facilities, including berthing space, turning basins, necessary navigation channels, and any necessary support service facilities, shall not exceed 25 percent of the degraded wetland.
In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities.
Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake or outfall lines.
Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas.
Restoration purposes.
Nature study, aquaculture, or similar resource dependent activities.
(b) Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to marine and wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable long shore current systems.
(c) In addition to the other provisions of this section, diking, filling, or dredging in existing estuaries and wetlands shall maintain or enhance the functional capacity of the wetland or estuary. Any alteration of coastal wetlands identified by the Department of Fish and Game, including, but not limited to, the 19 coastal wetlands identified in its report entitled, "Acquisition Priorities for the Coastal Wetlands of California", shall be limited to very minor incidental public facilities, restorative measures, nature study, commercial fishing facilities in Bodega Bay, and development in already developed parts of south San Diego Bay, if otherwise in accordance with this division.
In addition, Coastal Act Sections 30230 and 30231 requires the protection of marine and biological resources. Section 30230 provides that:
Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters, and will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes.
Section 30231 provides that:
The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams.
In order to assess the potential project effects on wetlands and their consistency with the Coastal Act, Commission staff have developed detailed filing requirements for coastal development permit applications proposing wetland development projects. Enclosed with this letter is a list of information required by Commission staff for the filing and processing of a coastal development permit application for a project proposing development in a wetland. The items identified with an "X" on the enclosed list are not included in the environmental impact report for the proposed project. Commission staff recommend revision of the environmental impact report to include the noted items, since they will be necessary for filing a complete coastal development permit application.
Thank you for providing us the opportunity to comment on this document. Should you have any questions, please call (insert name and phone number of CCC staff person).
Sincerely,
District Director
enclosure (enclose a copy of the list in Appendix B)
Purpose: This form letter can be used as a guide for notifying an applicant that their coastal development permit application is incomplete.
Date
Subject: Coastal Development Permit Application (No. insert application number) for (include a brief description of the project and its location)
Dear (include name of applicant or their agent):
The Commission staff has completed an initial review of your coastal development permit application, which was received on (insert date of application receipt). This review found the proposed project involves activities affecting wetland resources. As a result, your application was also evaluated to determine the presence of all information required for development activities affecting these resources. This evaluation showed the information submitted in support of your application is not sufficient for complete analysis of all potential wetland impacts. Therefore, Commission staff have determined that your application is incomplete and cannot be filed at this time. Enclosed with this letter is a list of information necessary for the filing of a coastal development permit application for a project involving activities affecting wetland resources. The items identified with an "X" on the enclosed list were not included with your initial application. Please submit the required information to this office by (insert appropriate date), or this application will be returned to you.
Should you have any questions regarding this letter or your application, please call (insert name and phone number of CCC staff person).
Sincerely,
District Director
enclosure (enclose list of required information from Appendix B)
Purpose: This form letter can be used as a guide for requesting additional information after a permit for a development project affect wetland resources has been filed.
Date
Subject: Coastal Development Permit Application (No. insert application number) for (include a brief description of the project and its location)
Dear (include name of applicant or their agent):
In reviewing the above-referenced permit application, Commission staff have determined the proposed project involves activities affecting wetland resources. As a result, your application was also evaluated to determine the presence of all information required for development activities affecting these resources. On the basis of this detailed review, it has been determined that the information submitted in support of this application is not sufficient for completing the required comprehensive analysis of potential wetland impacts. Please submit the information requested below, so that the evaluation of your permit application can be completed. (Include a clear, concise list of the information required.)
1.
2. etc.
This request is made pursuant to the Permit Streaming Act, Government Code Sections 65944(a) and (c), which authorize the following requests for information:
Requests for clarification, amplification, correction, or supplementation of the information included with the permit application; and
requests for information necessary to enable the Coastal Commission to fulfill its obligations under the California Environmental Quality Act.
Please be advised that the Permit Streamlining Act expressly authorizes the Coastal Commission to deny your application on the basis of an applicant's failure to furnish the information requested in this letter (Government Code Section 65956[c]). Please submit the requested information to this office by (insert appropriate date), to ensure processing of your permit application is not further delayed.
Should you have any questions regarding this letter or your application, please call (insert name and phone number of CCC staff person).
Sincerely,
District Director
Return to
Table of Contents
Return to
Chapter 1: Coastal Development Permit Review Process
Return to
Appendix A: Statewide Interpretive Guidelines For
Wetlands And Other Wet Environmental Sensitive Habitat Areas
Go to
Appendix C: A List Of Information Required For
Evaluation Of Coastal Development Permit Applications Proposing Development
Activities Affecting Wetland Resources
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California Coastal Commission Publications Page
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