A.
The
Board of Supervisors finds that due to urban and agricultural development
only a fraction of the aquatic resources that historically dominated
the SSHCP Plan Area landscape remains today.
B.
The
Board of Supervisors finds that a regional conservation approach is
needed to protect existing aquatic resources within the South Sacramento
Habitat Conservation Plan's (SSHCP's) Plan Area and to streamline
the permitting processes for development and infrastructure projects
in the Plan Area.
C.
The
Board of Supervisors recognizes that the avoidance, minimization and
compensatory mitigation of aquatic resources provides several important
functions and services, such as flood storage, wildlife habitat, mitigation
of storm water and pollutants, filtration for drinking water, and
prevention of storm damage to buildings and upland areas.
D.
The
Board of Supervisors wishes to avoid or minimize impacts of future
activities on SSHCP Plan Area aquatic resources and to ensure "no-net-loss"
of aquatic resources and aquatic functions by re-establishing or establishing
aquatic resources within the Plan Area as compensatory mitigation
when unavoidable impacts to aquatic resources occur.
E.
The
Board of Supervisors wishes to facilitate development consistent with
the County General Plan and to ensure that there is enough mitigation
available to accommodate aquatic resource mitigation requirements
and to ensure that habitat mitigation remains economically feasible
within the region.
F.
The
purpose and intent of this chapter is to achieve no-net-loss of aquatic
resource function and services and to enact efficient aquatic resource
permitting consistent with the requirements of the federal Clean Water
Act (Sections 404 and 401), California Fish and Game Code Section
1600 and the Porter-Cologne Water Quality Control Act (Porter-Cologne).
H.
This chapter regulates all aquatic resources within that portion
of the unincorporated County that is south of U.S. Highway 50, east
of the Sacramento River levee and County Road J11, west of the Sacramento
County line with El Dorado and Amador Counties, and north of the Sacramento
County line with San Joaquin County, as depicted in Figure 1, "Plan
Area."
|
Figure 1. Plan Area
 |
(SCC 1627 § 1, 2018)
means wetland waters (i.e. vernal pools, swales, freshwater
marsh, other seasonal wetlands, etc.), non-wetland waters (i.e. ponds,
lakes, streams, rivers, drainages, ditches, etc.), and riparian (i.e.
mixed riparian scrub, mixed riparian woodland, etc.).
means identifying the amount and boundaries of Aquatic Resources,
including wetlands, using U.S. Army Corps of Engineers (USACE) mapping
standards and USACE minimum standards for delineations.
means a permit required for any activity permanently or temporarily
impacting an Aquatic Resource.
means avoiding the permanent and/or temporary impact altogether
by not taking a certain action or parts of an action.
means the restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, of aquatic resources for the
purposes of offsetting unavoidable adverse permanent and/or temporary
impacts which remain after all appropriate and practicable avoidance
and minimization has been achieved.
means the amount of Compensatory Mitigation that must be
provided to offset an acre or fraction thereof of permanent and/or
temporary impact.
means the County of Sacramento.
means the Director of the Department of Community Development.
means the manipulation of the physical, chemical, or biological
characteristics of an aquatic resource to heighten, intensify, or
improve a specific aquatic resource function(s). Enhancement results
in the gain of selected aquatic resource function(s), but may also
lead to a decline in other aquatic resource function(s). Enhancement
does not result in a gain in aquatic resource area.
means the manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not
previously exist at an upland site. Establishment results in a gain
in aquatic resource area and functions.
means the place or environment where a plant or animal naturally
lives and grows (a group of particular environmental conditions),
and as defined in the South Sacramento Habitat Conservation Plan.
Habitat may be occupied (i.e. individuals or a population of species
are or have recently been present) or unoccupied.
See "Permanent Impact" and "Temporary Impact."
means to reduce permanent and/or temporary impacts by limiting
the degree or magnitude of the action and its implementation.
means a permanent water impoundment that is mostly free from
masses of underwater vegetation at very shallow depths.
means the permanent loss of an Aquatic Resource resulting
from the adverse effects of grading, filling, excavation, dredging,
or changing of drainage of an Aquatic Resource.
means that portion of the unincorporated County that is south
of U.S. Highway 50, east of the Sacramento River levee and County
Road J11, west of the Sacramento County line with El Dorado and Amador
Counties, and north of the Sacramento County line with San Joaquin
County, as depicted in Figure 1, "Plan Area."
means the manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic
functions to a former aquatic resource. Re-establishment results in
rebuilding a former aquatic resource and results in a gain in aquatic
resource area and functions.
means the manipulation of the physical, chemical, or biological
characteristics of a site with the goal of repairing natural/historic
functions to a degraded aquatic resource. Rehabilitation results in
a gain in aquatic resource function, but does not result in a gain
in aquatic resource area.
means a transitional area between terrestrial and aquatic
ecosystems, which is distinguished by gradients in biophysical conditions,
ecological processes, and biota, typically adjacent to perennial,
intermittent and ephemeral streams, lakes, and estuarine-marine shorelines.
means an upland, wetland, and/or riparian area that protects
and/or enhances aquatic resource functions associated with wetlands
and streams from disturbances associated with adjacent land uses.
means a perennial, intermittent, or ephemeral course of water
that has a bed and bank and with a definable ordinary high water mark.
means the grading, filling, excavation, dredging, or changing
of drainage of an Aquatic Resource where the Aquatic Resource is restored
to pre-construction contours and elevations after construction, and
revegetated, as appropriate.
means a type of seasonal wetland habitat that is characterized
by a specific set of physical parameters and a unique assemblage of
highly specialized endemic plants and animals; a seasonal body of
standing water that typically forms in the spring from direct precipitation,
with occasional contributions from other sources, dries out completely
in the hotter months of summer, and refills in the autumn; pools free
of fish that provide important breeding habitat for many terrestrial
or semi-aquatic species such as Branchiopods, frogs, and salamanders.
means a drainage basin that is defined by a 10-digit hydrologic
unit code as defined by the Federal Standard for Delineation of Hydrologic
Unit Boundaries.
means those areas that are inundated or saturated by surface
or ground water at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include freshwater marsh, vernal pools, swales and similar
areas.
(SCC 1627 § 1, 2018)
All proposed projects within the Plan Area that permanently
and/or temporarily impact an Aquatic Resource shall require an Aquatic
Resources Impact Permit from the County. No person, company, or agency
shall permanently or temporarily impact Aquatic Resources as set forth
in this section except as consistent with this chapter.
B.
Exemptions.
In general, this chapter requires permits for permanent and temporary
impacts to aquatic resources. However, certain activities are exempt
from permit requirements. The following activities and associated
uses shall be exempt from the provisions of this chapter:
1.
Exempt Maintenance Activities.
a.
Maintenance of drainage ditches (does not include new construction
of drainage ditches); construction and maintenance of irrigation ditches;
maintenance of structures like dams, dikes and levees; and construction
and maintenance of stock ponds or farm ponds.
b.
Discharges associated with facilities that are appurtenant and functionally
related to irrigation ditches are included in the exemption (e.g.
siphons, pumps, headgates, wingwalls, weirs, diversion structures,
etc.).
c.
Maintenance, including emergency reconstruction of recently damaged
parts, of currently serviceable structures such as dikes, dams, levees,
groins, riprap, breakwaters, causeways, bridge abutments or approaches,
and transportation structures. Maintenance does not include any modification
that changes the character, scope, or size of the original fill design.
Emergency reconstruction must occur within a reasonable period of
time after damage occurs in order to qualify for this exemption.
d.
If a maintenance activity would involve any modifications to the
original fill design, including the location of the fill, the type
of material to be used, the amount of material used, etc., then the
activity does not qualify for the maintenance exemption.
2.
Exempt Farming, Ranching, and Mining Activities.
a.
Established (ongoing) farming and ranching activities such as plowing,
seeding, cultivating, minor drainage, and harvesting for the production
of food, fiber, or upland soil and water conservation practices are
exempt. This exemption pertains to "normal farming" and harvesting
activities that are part of an established, ongoing farming operation.
Examples of normal farming practices include but are not limited to
planting different crops as part of an established rotation, introduction
of a new cultivation technique such as discing between crop rows for
weed control and discharges associated with ongoing rotations of rice.
Activities that bring an Aquatic Resource into farm production where
the Aquatic Resource has not previously been used for farming are
not considered part of an established operation, and therefore are
not exempted. An example includes the conversion of grazing land to
cropland that results in impacts to Aquatic Resources.
b.
Construction and maintenance of permanent and temporary farm roads
or temporary mining roads.
Temporary roads must be constructed and maintained in accordance
with best management practices to assure that flow and circulation
patterns and chemical and biological characteristics of Aquatic Resources
are not impaired and that the reach of the Aquatic Resources is not
reduced, and that any adverse effect on the aquatic environment are
minimized. These BMPs which must be applied to satisfy this provision
shall include those detailed BMPs described in the State's approved
program description pursuant to the requirements of 40 CFR 233.22(i)d.
i.
Roads established within farming or mining operations shall be held
to the minimum feasible number, width, and total length consistent
with the purpose of specific farming or mining operations, and local
topographic and climatic conditions;
ii.
Road fill shall be bridged, culverted or designed to prevent the
restriction of expected flood flows;
iii.
The fill shall be properly stabilized and maintained during
and following construction to prevent erosion;
iv.
Discharges shall be made in a manner that minimizes construction
equipment in Aquatic Resources outside of the fill area;
v.
Vegetative disturbance shall be kept to a minimum;
vi.
Construction and maintenance of crossing shall not disrupt the migration
or other movement of aquatic life;
vii.
Borrow material shall be taken from upland sources where feasible;
viii.
The discharge shall not take, or jeopardize the continued existence
of, a threatened or endangered species, or adversely modify or destroy
the critical habitat of such species;
ix.
Discharges into breeding and nesting areas for migratory waterfowl,
spawning areas, and Aquatic Resources shall be avoided;
x.
The discharge shall not be located in the proximity of a public water
supply intake;
xi.
The discharge shall not occur in a component of the National Wild
and Scenic River System;
xii.
The discharge of material shall consist of suitable material
free from toxic pollutants in toxic amounts; and
xiii.
All temporary fills shall be removed in their entirety and the
area restored to its original elevation.
3.
Construction of temporary sedimentation basins.
a.
This exemption applies to the construction of temporary sedimentation
basins on a construction site which does not permanently impact Aquatic
Resources.
b.
Construction site means any site involving the erection of buildings,
roads, and other discrete structures and the installation of support
facilities necessary for construction and utilization of the structures.
Also includes any other land areas which involve land-disturbing excavation
activities, including quarrying and other mining areas, where an increase
in the runoff of sediment is controlled through the use of temporary
sedimentation basins.
C.
Interpretation.
1.
When there is a conflict between any provisions of this chapter or
any other regulations adopted by the County, that providing the most
protection to aquatic resources shall apply.
2.
If there is any question as to whether a proposed activity qualifies
for an exemption, coordination with the County shall occur and results
documented in writing.
3.
Compliance with this chapter does not constitute compliance with
other federal, state and local regulations, and permit requirements
(for example, Section 106 of the National Historic Preservation Act,
USACE Section 404 permits, National Pollutant Discharge Elimination
System (NPDES) permits, Section 401 Water Quality Certification, or
Porter-Cologne Water Quality Control Act). The project proponent is
responsible for complying with all requirements, apart from the provisions
of this chapter.
D.
Recapture
Provision.
1.
Exemptions do not apply when impacts related to activities change
the use of the Aquatic Resource and reduce the reach, or impair the
flow or circulation of Aquatic Resources. This "recapture" provision
involves a two-part test that results in an activity being considered
not exempt when both parts are met:
a.
Does the activity represent a "new use" of the Aquatic Resource;
and
b.
Would the activity result in a "reduction in reach/impairment of
flow or circulation" of Aquatic Resources?
c.
Consequently, any impact that results in the destruction of the Aquatic
Resource character of an area (e.g., it converts to uplands due to
new or expanded drainage) is considered a change in the Aquatic Resource,
and by definition, a reduction of their reach and is not exempt.
(SCC 1627 § 1, 2018)
A.
General.
1.
An Aquatic Resource Impact Permit is required for any development activity that is not exempt pursuant to Section 16.135.030(B) and that permanently and/or temporarily impacts Aquatic Resources.
2.
All Aquatic Resource Impact Permits require approval of a compensatory mitigation plan in accordance with the provisions of Section 16.135.040(J) unless the compensatory mitigation plan requirement is waived under the provisions of Section 16.135.040(J)(3).
B.
Standards.
Aquatic Resource Impact Permit applications shall comply with all
state, local and federal laws, including those related to sediment
control, pollution control, floodplain restrictions, storm water management,
and on-site wastewater disposal.
C.
Pre-Permit
Consultation. Any person applying for an Aquatic Resource Impact Permit
is encouraged, but not required, to meet with the Director during
the earliest possible stages of project planning in order to discuss
Aquatic Resource impact avoidance, minimization, compensation, and
the required contents of a compensatory mitigation plan before significant
commitments have been made to a particular project design. Pre-permit
consultations and planning will help project proponents create projects
which will be more quickly and easily processed.
D.
Permit
Applications. Applications for Aquatic Resource Impact Permits shall
be made to the Director on forms furnished by the Director. Unless
the Director waives one or more of the following information requirements,
applications shall include:
1.
Aquatic Resources delineations and setback width designations pursuant to Sections 16.135.050 and 16.135.080;
2.
A site plan for the proposed activity overlaid on an aerial photograph
at a scale no smaller than one inch equals one hundred feet (1″ =
100′, a scaling ratio of 1:1200) showing the location, width, depth
and length of all existing and proposed structures, roads, storm water
facilities, sewage treatment, installations, stockpiling areas and
borrow sites;
3.
The exact sites and specifications for all development activities
proposed within Aquatic Resources and Setbacks, including:
Timing of construction activity,
Type of equipment,
Type of fill material and cubic yards of each type of fill,
Type and location of permanent and/or temporary impacts to Aquatic
Resources;
4.
A compensatory mitigation plan meeting the requirements of Section 16.135.040(J).
E.
Permit
Processing. To the extent practicable and feasible, the processing
of Aquatic Resource Impact Permits will be consolidated with other
County permits or approvals which affect activities in Aquatic Resources,
such as subdivision, grading, site plan, and building permit approval,
so as to provide a timely and coordinated permit process.
F.
Permit
Issuance. The Director shall issue final approval of the Aquatic Resource
Impact Permit authorizing commencement of the activity subject to
the following conditions:
1.
Submittal and approval of documentation for a project-scale assessment
of the effects of a project on Aquatic Resources, including mapping
(USACE-verified jurisdictional determination) and a description of
the functions and services of the mapped areas' Aquatic Resources;
and
2.
Submittal and approval of on-site project alternatives information
demonstrating efforts that first avoid, and then minimize permanent
and temporary effects to Aquatic Resources; and
3.
Submittal and approval of an alternative that minimizes permanent
and temporary impacts to Aquatic Resources and associated functions
and services to the greatest extent practicable, if a complete avoidance
alternative is not practicable as determined by the Director, Documentation
of this Determination of Environmentally Equivalent or Superior Alternative
(DEESA) shall be recorded by the Director. See Section 16.135.60(A)(2)
for DEESA procedure; and
4.
Submittal and approval of a determination of compliance with SSHCP
terms and conditions; and
5.
If compensatory mitigation is required then the following conditions
must also be met:
a.
Either the submittal and approval of a permittee-responsible compensatory mitigation plan pursuant to Section 16.135.040(J), and
b.
The recording of a conservation easement as required by Section 16.135.080(C)(2)
and (4), and
c.
The posting of financial assurance as required by Section 16.135.080(H),
or
d.
Proof of payment into an in-lieu fee program approved by the USACE
and that contains the impact site within its service area, or
e.
Proof of compensatory mitigation through payment into a conservation
or mitigation bank approved by the USACE and that contains the impact
site within its service area.
G.
Permit
Duration. The Aquatic Resource Impact Permit shall be valid for the
period specified in the Aquatic Resource Impact Permit.
H.
Aquatic
Resource Impact Permit Financial Assurances.
1.
Financial Assurance Estimates. The project proponent shall submit
itemized cost estimates for the required financial assurances including
cost estimates associated with performance assurance and maintenance
assurance. The Director may adjust the estimates to ensure that adequate
funds will be available to complete the specified compensatory mitigation
upon forfeiture. In addition the cost estimates must include a contingency
as follows:
2.
Waiver of Financial Assurances. The Director may waive the requirement
for one or both financial assurances if:
a.
The project proponent demonstrates that it paid into an in-lieu fee
program approved by the USACE that contains the impact site within
its service area; or
b.
The project proponent used a conservation or mitigation bank that
is approved by the USACE and that contains the impact site within
its service area.
3.
Types of Financial Assurances. The Director shall accept the following
forms of financial assurances:
a.
An escrow account secured with an agreement approved by the Director;
b.
A bond provided by a surety for estimates that exceed $5,000;
c.
A deposit account with a financial institution secured with an agreement
approved by the Director;
d.
A letter of commitment from a public agency; or
e.
Other forms of financial assurance determined to be acceptable by
the Director.
4.
Acceptance of Work and Release of Financial Assurances.
a.
Release of Performance Assurance. Upon request, the Director shall
release the performance assurance when the following conditions are
met:
i.
Completion of construction and planting specified in the approved
compensatory mitigation plan;
ii.
Submittal of an as-built report documenting changes to the compensatory
mitigation plan (if any) that occurred during construction;
iii.
Field inspection of the completed site(s); and
iv.
Provision of the required maintenance assurance.
b.
Release of Maintenance Assurance. Upon request, the Director shall
release the maintenance assurance when the following conditions are
met:
c.
Incremental Release of Financial Assurances. The Director may release
financial assurances incrementally only if specific milestones and
associated costs are specified in the approved compensatory mitigation
plan and the document legally establishing the financial assurance.
5.
Forfeiture. If the aquatic resource impact permit holder fails to
perform or maintain compensatory mitigation in accordance with the
approved aquatic resource impact permit, the Director may declare
the corresponding financial assurance forfeit pursuant to the following
process:
a.
The Director shall, by registered mail, notify the aquatic resource
impact permit holder/agent that is signatory to the financial assurance
and the financial assurance holder, of non-performance with the terms
of the approved aquatic resource impact permit.
b.
The written notification shall cite a reasonable time for the aquatic
resource impact permit holder, or legal successor, to either propose
alternative compensatory mitigation or to comply with provisions of
the aquatic resource impact permit and state the County's intent to
forfeit the financial assurance should the required work not be completed
in a timely manner.
c.
Should the required work not be completed timely, the County shall
declare the assurance forfeit.
d.
Upon forfeiture of a financial assurance, the proceeds thereof shall
be utilized either to correct the deficiencies which resulted in forfeiture
or, if such correction is deemed by the Director to be impractical
or ineffective, to enhance other aquatic resources in the same watershed
or, if deemed impracticable to do so, contribute to an established
cumulative effects fund for watershed-scale habitat and aquatic resource
conservation.
I.
Appeal
Process. An Aquatic Resource Impact Permit decision may be appealed
to the Board of Supervisors.
J.
Aquatic
Resource Impact Permit Compensatory Mitigation Plans.
1.
Compensatory mitigation plans are required for activities that permanently
and/or temporally impact Aquatic Resources. Content requirements for
the Plans that are not applicable to a project may be waived by the
Director upon request of the project proponent.
2.
The compensatory mitigation plan consists of two parts: baseline
information for the site and a conceptual compensatory mitigation
plan. If off-site aquatic resource compensatory mitigation is proposed,
baseline information for both the project site and mitigation site
is required.
a.
Baseline information shall include:
i.
Aquatic Resources delineation as described in Section 16.135.050;
ii.
Description and maps of land cover types and vegetative conditions
at the site;
iii.
Description and maps of hydrological conditions at the site;
iv.
Description of soil conditions at the site based on an on-site analysis
and available soils information from online or published sources such
as the Natural Resources Conservation Service's soils maps;
v.
A topographic map of the site; and
vi.
A functional assessment or condition of the existing aquatic resources.
b.
The contents of the compensatory mitigation plan shall be consistent
with the USACE Regional Compensatory Mitigation and Monitoring Guidelines
for the South Pacific Division (2015), Appendix D of the ARP, and
include:
i.
Title page;
ii.
Contributor page;
iii.
Distribution page;
iv.
Table of Contents;
v.
Brief description of proposed compensatory mitigation project and
proposed source of compensatory mitigation;
vi.
Determination of goals and objectives of the proposed project. Specific
criteria shall be provided for evaluating whether or not the goals
and objectives of the compensatory mitigation project are being met.
Such criteria may include water quality standards, survival rates
of planted vegetation, species abundance and diversity targets, habitat
diversity indices, or other ecological, geological or hydrological
criteria;
vii.
A description of all permanent and temporary impacts (acreage
and linear ft.) that require compensatory mitigation under this chapter;
viii.
Description of site selection criteria such as watershed overview,
landscape setting and position, and site specific information, including
consistency with the site selection guidance provided in the ARP (Appendix
D);
ix.
Other baseline information such as: map showing locations of permanent
and/or temporary impact and compensatory mitigation sites; map showing
proposed preserves and setbacks; delineation of Aquatic Resources;
functional/condition assessment, if appropriate; species of concern
(federal and/or state); cultural resources; existing and planned land
uses within and surrounding the proposed compensatory mitigation site(s);
existing site topography/elevations; aerial photos, land uses, site
changes (deep ripping, impoundments, channel straightening or realignment);
interviews with adjacent landowners, ranchers, land managers regarding
locations of seeps, observations of flood events, trespassing/vandalism,
opportunities for education and outreach;
x.
Written specifications for the compensatory mitigation project shall
be provided. The specifications shall include: the proposed construction
sequence, grading and excavation details, water and nutrient requirements
for planting, specification of substrate stockpiling techniques, and
planting instructions, as appropriate. These written specifications
shall be accompanied by detailed site diagrams, scaled cross-sectional
drawings, topographic maps showing slope percentage and final grade
elevations, and any other drawings appropriate to show construction
techniques or anticipated final outcome;
xi.
Discussion and map of plant material to be planted and planting densities;
xii.
Preliminary drainage plan identifying location of proposed drainage
facilities including detention structures and water quality features
(e.g., swales);
xiii.
Discussion of water sources for all aquatic resources on the
site;
xiv.
Project schedule;
xv.
A monitoring and management program
to measure the success of the compensatory mitigation project.
(a)
The compensatory mitigation project shall be monitored for a
period necessary to determine if the project is meeting its performance
standards, and to determine if measures are necessary to ensure that
the compensatory mitigation project is accomplishing its objectives.
Compensatory mitigation projects are required to have a minimum monitoring
period of five years. For aquatic resources with slow development
rates (e.g., vernal pools and riparian habitats) a monitoring period
of more than five years is required. Monitoring periods may be extended
if performance standards are not being met. Before determining success
there should be at least two consecutive annual monitoring reports
where all the performance standards are met without human intervention
(e.g., artificial irrigation),
(b)
Monitoring shall be designed to measure the performance standards
outlined in the compensatory mitigation plan,
(c)
A monitoring protocol shall be included outlining how the monitoring
data will be evaluated by agencies that are tracking the progress
of the project,
(d)
Monitoring reports shall be submitted annually, or on a pre-arranged
alternate schedule, for the duration of monitoring period,
(e)
Monitoring reports shall analyze the results of monitoring,
documenting milestones, successes, problems, and recommendations for
corrective and/or contingency actions to ensure success of the compensatory
mitigation project;
xvi.
A contingency plan that identifies potential courses of action,
and any corrective measures to be taken when monitoring or evaluation
indicates project performance standards are not being met;
xvii.
A monitoring and management program to measure and maintain
the long-term sustainability of the compensatory mitigation project
in perpetuity. Monitoring and management programs shall be consistent
with established practices of the SSHCP and ARP and information collected
in a manner that allows for seamless integration into the SSHCP database.
3.
The preparation of a compensatory mitigation plan is not required
if all required compensatory mitigation is achieved through the use
of:
(SCC 1627 § 1, 2018)
A.
Aquatic
Resources Delineation Standards.
1.
In conjunction with the submittal of an application for a discretionary
permit, the Director shall determine the probable existence of Aquatic
Resources on the parcel involved in the development permit application.
If Aquatic Resources are believed to exist on a parcel, project proponents
for all projects subject to this chapter must prepare a Verified Aquatic
Resources Delineation. All Verified Aquatic Resources Delineations
shall be performed in accordance with the minimum standards set forth
by the Sacramento District USACE and State Water Quality Control Board
at the time of the delineation. All Aquatic Resources Delineations
shall be submitted to the Director. The Director will in turn submit
the Aquatic Resources Delineation to the USACE for verification.
(SCC 1627 § 1, 2018)
A.
Avoidance,
Minimization and Compensation. Documentation must demonstrate that
the following hierarchy of avoidance and minimization has been considered
as part of an Aquatic Resources Impact Permit:
1.
Avoid permanent and temporary impacts to Aquatic Resources. The proposed
project shall first avoid, and then minimize, permanent and temporary
impacts to Aquatic Resources to the greatest extent practicable. Those
permanent and/or temporary impacts that are unavoidable shall be mitigated
such that the lost functions and services are replaced as set forth
under the DEESA described below.
2.
Minimize permanent and/or temporary impacts to Aquatic Resources
if complete avoidance is infeasible. The Director must find that the
project proponent has limited the degree or magnitude of impact to
Aquatic Resources by using a site design that follows DEESA. The DEESA
shall include the following information to be supplied by the applicant
and reviewed by the Director:
a.
A defined project area boundary.
b.
A detailed project description that demonstrates: (1) why an avoidance
alternative is not practicable; and (2) that the project minimizes
direct and indirect effects to Aquatic Resources to the greatest extent
practicable. This description shall include information regarding
any Aquatic Resources on site that are being avoided.
c.
Amount (acres and linear feet (if applicable) and cubic yards) of
unavoidable permanent and temporary impacts to Aquatic Resources associated
with the project.
d.
A detailed description of project design features and how the project
complies with mitigation measures as described in Chapter 5 of the
South Sacramento Habitat Conservation Plan that reduce permanent and/or
temporary impacts, including but not limited to: impact minimization,
on-site stream realignment, Best Management Practices, Low Impact
Design and Avoidance and Minimization Measures.
e.
A description and amount of proposed compensatory mitigation. Compensatory mitigation must conform to the minimum mitigation ratios required by Section 16.135.070.
f.
An analysis that demonstrates that, although the proposed project
would not completely avoid permanent and/or temporary impacts to Aquatic
Resources within the area subject to this chapter with proposed design
and compensation measures, the project would be environmentally equivalent
or superior to that which would occur under a complete avoidance alternative
without these measures, based on one or more of the following factors:
i.
Effects on designated Critical Habitat and Core Recovery Areas.
ii.
Effects on the abundance of Aquatic Resources.
iii.
Effects on listed species.
iv.
Effects on the diversity of Aquatic Resources.
v.
Effects on habitat connectivity and functions.
vi.
Effects on the condition of Aquatic Resources.
g.
Compensate for permanent and temporary impacts to Aquatic Resources
that will occur, after efforts to avoid and minimize have been exhausted.
The Director must find that:
i.
Unavoidable permanent and temporary impacts are compensated in accordance with Section 16.135.070; and
ii.
The required compensatory mitigation is monitored and remedial action
is taken when necessary to ensure the success of mitigation activities.
(SCC 1627 § 1, 2018)
A.
Compensatory
mitigation for permanent and temporary impacts to Aquatic Resources
is based on the following ratios:
|
Land Cover Type
|
Compensatory Mitigation Ratio
(Re-Establishment/ Establishment)
|
|---|---|
|
Vernal Pool
|
1:1
|
|
Swale
|
1:1
|
|
Stream/Creek (VPIH)
|
1:1
|
|
Seasonal wetland
|
1:1
|
|
Freshwater marsh
|
1:1
|
|
Open water
|
1:1
|
|
Riparian
|
1:1
|
|
Mine tailing riparian woodland
|
1:1
|
B.
Compensatory
Mitigation Prioritization. When considering options for successfully
providing the required compensatory mitigation, the type and location
options shall be considered in the order presented in the Department
of the Army, Corps of Engineers' Compensatory Mitigation for Losses
of Aquatic Resources; Final Rule, 33 C.F.R. Part 332 § 332.3,
paragraphs (b)(2) through (b)(6). However the preference hierarchy
may be overridden when the required compensatory mitigation involves:
larger, more ecologically valuable parcels; is subject to more rigorous
scientific and technical analysis, planning and implementation; involves
advanced site identification and planning; and utilizes significant
investment of financial resources, for sites located to successfully
replace lost functions and services, taking into account such watershed-scale
features as aquatic habitat diversity, habitat connectivity, relationships
to hydrologic sources, trends in land use, ecological benefits, compatibility
with adjacent land uses, and in general and when practicable to meet
the aforementioned considerations, in the same watershed. Therefore,
any ILF Program adopted by the County consistent with the SSHCP Conservation
Strategy and the ARP and approved by the USACE can be the preferred
option for successfully providing required compensatory mitigation.
(SCC 1627 § 1, 2018)
A.
Minimum
Wetland and Stream Setback Standards.
1.
Refer to Chapter 5 of the South Sacramento Habitat Conservation Plan
for minimum wetland and stream setback standards, which may be amended
from time to time.
C.
Land
Use Requirements within Wetland or Stream Setbacks.
1.
Any discretionary review of a proposed project must ensure that sufficient
area exists outside of the Wetland or Stream Setback to accommodate
primary and accessory structures, paved areas, septic systems, and
other uses or activities that might adversely affect the functioning
of the Wetland or stream.
2.
A conservation easement shall be recorded in a form approved by the
Director as adequate to protect and maintain the Aquatic Resources
and setback area consistent with the provisions of this chapter. Conservation
easements will run with the land in perpetuity and be binding on the
property owner and successors.
3.
Any lands proposed for development that include all or a portion
of a wetland or stream setback will, as a condition of any subdivision
map, provide for vegetation or re-vegetation of any portions of the
setback that are not vegetated at the time of the application or that
were disturbed by prior land uses. Vegetation will include native
or natural tree and plant species as deemed acceptable by the Director.
4.
For building lots that exist as of the date of adoption of this chapter,
but for which a building permit or a preliminary site plan approval
has not been obtained or is no longer valid, the required minimum
front, side, and rear structural setbacks may extend into the wetland
or stream setback, provided that an easement is recorded that prohibits
clearing or construction in the wetland or stream setback.
5.
A permanent physical demarcation along the upland boundary of the
wetland or stream setback shall be installed and thereafter maintained.
Such demarcation may consist of fencing or other prominent physical
marking that does not impede flood flows and must be approved by the
Director. Signs, approved by the Director, shall be posted at an interval
of one per 100 feet, indicating that the setback area is a protected
area. Signs must be perpetually maintained at locations along the
outer perimeter of the wetland or stream setback.
D.
Allowable
Uses Within Wetland and Stream Setbacks:
1.
Refer to Chapter 5 of the South Sacramento Habitat Conservation Plan
for allowable uses within stream and wetlands setbacks, which may
be amended from time to time.
E.
Wetland
and Stream Setback Waivers. A waiver of wetland and stream setbacks
may be granted by the Director under one of the following conditions:
1.
A lot existing as of the date this chapter is effective for which
there is insufficient room outside the wetland or stream setback for
uses permitted by the underlying zoning and for which there is no
other reasonable or prudent alternative to placement in the setback,
including obtaining variances from setback or other requirements that
would allow conformance with the setback requirements.
2.
An economic hardship whereby a project proponent demonstrates to
the Director's satisfaction that the subject property is not capable
of yielding an economic return as a result of unique circumstances
specific to the subject property, as follows:
a.
An economic hardship related to or arising from the characteristics
of the property due to the particular physical surroundings, shape,
or topographical conditions of the property involved, rather than
the personal situations of the project proponent or the result of
any action or inaction by the project proponent or the owner or predecessors
in title.
b.
The necessity of acquiring additional land to locate development
outside the wetland or stream setback will not be considered an economic
hardship unless the project proponent can demonstrate that there is
no adjacent land that is reasonably available or could be obtained,
used, expanded, or managed to fulfill the basic purpose of the proposed
activity.
c.
The proposed project will serve an essential public health and safety
need, as demonstrated to the satisfaction of the Director.
3.
A project proponent may submit a written request for a wetland or
stream setback waiver to the Director. The written request must include
specific reasons justifying the waiver and any other information necessary
to evaluate the proposed waiver request. The Director may require
an alternative analysis that clearly demonstrates that no other feasible
alternatives exist and that minimal permanent and temporary impact
would occur as a result of the project or development.
4.
In granting a request for a wetland or stream setback waiver, the
Director may require project design features including site design,
landscape planting, fencing, signs, and water quality best management
practices to reduce adverse permanent and temporary impacts on wetlands
and streams and other sensitive resources.
F.
Nonconforming
Structures.
1.
Legally existing but nonconforming structures and uses of land within
wetland or stream setbacks may be continued. Encroachment into the
wetland or stream setback will only be allowed where previous allowable
(i.e., permitted or otherwise legal) development or disturbance exists.
Existing impervious surfaces within the wetland or stream setback
that resulted from previous allowable disturbances or developments
shall not be expanded. If a legally existing but nonconforming use
has been discontinued for a period of more than 90 days, it shall
not thereafter be re-established, with the exception of agricultural
uses that are following prescribed best management practices for crop
rotation. However, resumption of agricultural uses must be strictly
confined to the extent of disturbance existing at the time of adoption
of this chapter.
2.
Activities that change the use of the Aquatic Resource and reduce
the reach, or impair the flow or circulation of Aquatic Resources
are required to obtain an Aquatic Resources Impact Permit. See Section
16.135.030(B)(3)(b).
(SCC 1627 § 1, 2018)
A.
All
of the provisions of this chapter can be met by complying with an
approved permit that satisfies all state and federal Clean Water Act
requirements and Porter-Cologne Water Quality Control Act requirements.
(SCC 1627 § 1, 2018)
A.
The
County shall have jurisdiction to enjoin any activities in violation
of this chapter.
B.
In
the event of a violation of this chapter, the County shall have the
power to order restoration of Aquatic Resources. If the responsible
person, entity, or agent does not complete such restoration within
a reasonable time following the order, the County shall have the authority
to restore the affected aquatic resources to their prior condition
and the person, entity, or agent responsible for the violation shall
be held liable to the County for the cost of restoration.
C.
In
addition to other remedies provided for elsewhere in this chapter,
the Director may suspend or revoke Aquatic Resource Impact Permit(s)
issued in accordance with this chapter and associated development
permits if the project proponent or permittee has not complied with
any or all of the conditions or limitations set forth in the Aquatic
Resource Impact Permit, has exceeded the scope of work set forth in
the Aquatic Resource Impact Permit, or has failed to undertake the
project in the manner set forth in the Aquatic Resource Impact Permit.
D.
In
the event that a violation of this chapter occurs, the County will
notify the US Army Corps of Engineers, US Environmental Protection
Agency, US Fish and Wildlife Service, the Regional Water Quality Control
Board, and California Department of Fish and Wildlife. Notification
will be in the form of a one-page form that describes the nature and
extent of the violation, with an aerial photo depicting the location
of the violation.
(SCC 1627 § 1, 2018)
The Board of Supervisors of the County of Sacramento declares
that should any section, paragraph, sentence, or word of this chapter
be declared for any reason to be invalid, it is the intent of the
Board of Supervisors that it would have passed all other portions
of this chapter, independent of the provision declared invalid.
(SCC 1627 § 1, 2018)
