[From the U.S. Government Printing Office, www.gpo.gov]











J0,5California Coastal Commission















                    U.. S. DEPARTMENT OF COutERCE NOAA
                    COASTAL SERVICES CENTER
                    2234 SOUTH HOBSON AVENUE
                    CHARLESTON, SC  20405-2413



           as~e~    ~June 15,1994





                        Propezty of -',0 L'b ary



       1 assistance for preparation of this document was provided by the Coastal Zone
QH      ment Act of 1972, as amended, administered by the Office of Ocean and Coastal
76.5   source Management, National Oceanic and Atmospheric Administration.
.C2
P76
1994








                                     Preface

                   A Note On The Use Of This Document




The Coastal Act provides strong enforceable policies for the protection of wetlands in
the coastal zone. However, the accumulation of new scientific information on wetlands
and the inevitability, over time, of staff changes gave rise to the need for a consistent
framework for the application of those policies by Commission staff in their preparation
of proposed findings for the Commission. Based on that need, the Commission sought
and obtained a federal grant to develop the document: Procedural Guidance for the Review
of Wetland Projects in California's Coastal Zone.

The development of this new procedural guidance document will significantly improve
the quality and comprehensiveness of the Commission staff's analysis and of the
recommendations upon which the Commission bases its decisions; thus enhancing the
Commission's ability to protect the State's coastal wetland resources. It is important,
however, to accurately characterize this document and explicitly delineate its
appropriate use.

Consistent with the authority delegated to the executive director by the Commission to
direct the work of staff, arid consistent with the Commission's duty to examine projects,
amendments, and other items for Commission action on a case-by-case basis, this
procedural guidance document will provide staff with relevant background
information and an analytic framework for drafting proposed findings and
recommendations. Although the sources of information (e.g., scientific research results
or precedential Commission actions) contained in this document can and will be
referenced when developing a staff report, this procedural guidance document itself
will not be cited, quoted, or relied upon as the basis for recommendations or findings
contained in any staff report.

This is a publication of the State of California, California Coastal Commission pursuant
to National Oceanic and Atmospheric Administration Award Number NA270Z088-01.








                                  TABLE OF CONTENTS


List of Tables ...VI
List of Figures ...VII
Executive Summary ...........................................................................................................  VIII
Chapter One -Coastal Development Permit Review Process .....................................1
     I. Introduction .......................................................................................................1
      II. The Environmental Review Process ................................................................3
           A. The Lead and Responsible Agencies .....................................................4
           B. The Initial Study .......................................................................................8
           C. The Negative Declaration ......................................................................8
           D. The Environmental Impact Report......................................................9
      HIi. Coastal Development Permit Application Review ...................................... 10
           A. Initial Application Review...................................................................... 11
           B. Staff Analysis                         '..   11
                 1) Allowable Use Analysis ...................................................................... 12
                 2) Alternatives Analysis .19
                 3) Mitigation .............................................................................................. 21
     IV. Wetland Identification and Delineation ........................................................ 25
     V. Establishing Buffer Areas ................................................................................. 26
     VI.  Determining Functional Capacity .................................................................. 27
Chapter Two - An Overview of Mitigation Processes and Procedures ..................... 29
     I.   Introduction                            ........................................................................................................ 29
      IL. Mitigation Defined ............................................................................................ 29
      III. Types of Mitigation ........................................................................................... 30
            A. Avoidance ................................................................................................. 30
           B. Enhancement Restoration and Creation ............................................... 30
           C. In-Lieu Fees and Wetland Mitigation Banks ........................................ 32
      IV. Mitigation Ratios .......................................................................... .................... 33




                                                  in








                            TABLE OF CONTENTS
                                 (Continued)


    V. Enhancement and Restoration ......................................35
         A.   Effectiveness of Enhancement and Restoration .............4.....35
         B.  Designing an Effective Enhancement or Restoration Plan .........36
         C.   Contents of an Enhancement or Restoration Plan.................38
         D. Basic Standards for a Monitoring Plan..........................39
Chapter Three -Protection and Management of Wetlands in the California
               Coastal Zone: A Review of Relevant Agencies and Processes    ....41
    I. Introduction......................................................41
    II, Definition and Classification of Wetlands.............................42
         A.   Definition and Classification by Federal Agencies................42
         B.   Definition and Classification by California State Agencies.........48
    III.  Agencies and Regulations Relating to Wetlands ......................49
         A. Federal Regulatory Programs and Agencies.....................49
         B. Federal-State Interaction .....................................51
         C. State Regulatory Programs and Agencies .......................52
         D.   Local Government Regulatory Programs and Agencies ...........61
    IV. Existing Management Practices.....................................64
         A.   Management of Federal Owned Lands in California..............64
         B.  Management of State Owned Lands in California ................64
         C. Management of Individual Wetlands...........................65
         D. Wetland Management Goals and Concerns......................65
    V. Summary....... ................................................66
Chapter Four - Priority Wetland Resource Concerns: A Review
              of Relevant Technical Information .............................68
    I. Introduction .....................................................68
    II. The Ecology of Wetlands in Brief...................................68
         A. Topography ................................................69
         B. Hydrology ..................................................71
         C'. Water Quality ...............................................73



                                     IV








                            TABLE OF CONTENTS
                                  (Continued)


         D. Biological Interactions........................................75
    11I. Understanding the Functions and Values of Coastal Wetlands.        .      ........78
    IV. Factors Impacting California's Coastal Wetlands      . .....................80
    V. Summary........................................................83
Literature Cited...........................................................84
Glossary..................................................................89
Appendix A -Statewide Interpretive Guidelines For Wetlands And Other Wet
Environmental Sensitive Habitat Areas ......................................93
Appendix B -Sample Form Letters For Use In The Review Of CEQA
             Required Documents And The Processing Of Coastal
             Development Permit Applications .............................165
    Form Letter One......................................................166
    Form Letter Two .....................................................169
    Form Letter Three.....................................................172
    Form Letter Four .....................................................173
Appendix C -A List Of Information Required For Evaluation Of
            Coastal Development Permit Applications Proposing
            Development Activities Affecting Wetland Resources..............175
Appendix D - Wetlands Resource And Regulatory Agency Contact List .........182



















                                      V







                             LIST OF TABLES



Table 1      A Comparison Among Commonly Proposed Types
            of Wetland Compensatory Mitigation Projects ....................31

Table 2      Summary of California Coastal Commission
            Permit Activity Relating to Section 30233, 1973-1986...............57

Table 3      Key Functions and Values of California's Coastal Wetlands.........79

Table 4      Summary of Historic Losses of California Coastal Wetlands.........81






























                                      VI







                             LIST OF FIGURES



Figure I  EIR Procedures Flow Chart....................................              5

Figure 2     CCC Permit Procedures: Flow Chart for Reviewing a
            Wetlands Development Project Application.......................13

Figure 3     Alternatives Analysis Decision Making Matrix ................... 20


Figure 4   Scope of Corps Regulatory Jurisdiction...........................44

Figure 5   Diagram Illustrating Major Wetland Systems .....................46

Figure 6     Map of Local Coastal Program - LCP Certification Status...........63

Figure 7   Map of Major California Coastal Wetlands........................70

Figure 8     Location Map of Southern California Coastal
            Wetlands and Major Rivers.....................................72

Figure 9   Diagram of a Wetland Food Chain...............................77
















                                     V11-








                           EXECUTIVE SUMMARY

Section 309 of the federal Coastal Zone Management Act of 1990 required coastal states
with certified coastal zone management programs to develop "enhancement objectives"
for specific issue areas. Wetlands was one of the issue areas specified in Section 309,
and subsequently the California Coastal Commission (CCC) adopted an enhancement
strategy that proposed strengthening the Agency's wetlands decision-making process.
This wetlands procedural guidance document is the mechanism for implementing the
required program changes.

This wetlands procedural guidance document has two main purposes: 1) to provide
specific updated interpretations of the enforceable California Coastal Management
Program (CCMP) wetlands policies and their associated procedures for Commission
staff, applicants, local governments, and/or other wetlands management authorities;
and 2) to refine and supplement the wetlands ecology and management issues
discussed in the Coastal Commission's Statewide Interpretive Guidelines For Wetlands And
Other Wet Environmentally Sensitive Habitat Areas, which were adopted in 1981.

This Wetlands Procedural Guidance Document consists of four chapters and three
appendices, which together meet the stated purposes.  The document begins with a
description of the various procedures currently available for reviewing proposed
wetland development projects located in the coastal zone. Topics covered include a
discussion and review of the environmental review process (CEQA/NEPA), and the
CCC's coastal development permit application review process for wetland
development projects. Specific strategies for effective use of these review. processes are
also described. A major objective of these procedures is to promote early and effective
participation in the relevant review process.

Chapter two provides basic information necessary for the objective development and
review of comprehensive mitigation plans for development projects affecting wetlands.
Mitigation for the adverse affects of development projects in wetlands can take on a
variety of forms. However, compensatory mitigation (enhancement, restoration, or
creation) is the most common type of mitigation proposed in coastal development
permit applications. Numerous partially successful, or failed mitigation projects attest
to the fact that mitigation is not a panacea. Past experience clearly shows a great deal of
effort is required by all parties to ensure successful mitigation.

Chapter three provides an up-to-date review of the agencies and processes involved in
the protection and management of California's coastal wetlands. The regulations,
policies, and processes guiding the management and protection of California's coastal
wetlands are numerous, and complex. Although specific regulations controlling
development in wetlands exist at all levels of government, there is evidence to suggest


                                        VII







the goal of no-net-loss 'of wetlands has not been achieved. The ability to protect existing
wetlands is also hampered by inconsistencies among regulatory agencies and gaps in
existing regulations. The lack of a single, clear, and broadly instituted definition for a
wetland is a major inconsistency among regulatory agencies, which can act to
compound regulatory problems. Meanwhile, certain types of wetlands, such as riparian
areas and seasonal wet wetlands, do not receive equal protection at all levels of
government because of differences in adopted definitions, -agency imposed limitations
of adopted definitions, and jurisdictional limitations. More recent activities, however,
should improve the current situation. Specifically, the Wilson administration (State)
and the Clinton administration (federal) released wetland policy statements in August
1993, which are designed to provide a consistent policy framework for the management
*and protection of wetlands. Implementation of these policy statements is underway.

Chapter four presents a review of scientific and technical information relevant to
understanding priority wetland resource concerns. Three features of coastal zone
wetlands are discussed: 1) ecology; although a multitude of concepts, principles, and
methodologies exist to assist in understanding the ecology of wetlands, our level of
knowledge is still relatively rudimentary. This is particularly true for California's
wetlands, where ecosystem research lags far behind that of Atlantic or Gulf cost efforts.
2) functions and values; California's coastal wetlands have a number of important
functions and values. Although knowledge of most functions and values has existed
for some time, their combined importance has increased over time because of the
enormous wetland losses California has endured. And 3) sources of impacts; because of
the relatively high social -value placed on the coastal zone, coastal wetlands have
received greater protection than their inland counterparts. 'The alteration of wetlands in
many coastal states - including California - is strictly regulated and generally
prohibited. Much of the current loss of wetlands in the coastal states is attributed to
either a lingering legacy of past development (e.g., agricultural, urban, and industrial
development) or related to secondary or indirect effects of current projects (e.g., point-
and nonpoint-source pollution, or changes in the timing and amount of fresh and
saltwater inputs).

This document also contains a glossary of terms, which is designed to assist the reader
in understanding specific terms and scientific jargon. All words underlined in the text
are defined in the glossary.

An important element of this document is the implicit commitment to keep the
information current. CCC staff will update this document as new policies are put into
place and as new information becomes available. This is especially relevant in light of
the recently released State and. federal wetland policy statements. Implementation of
the initiatives and action items in these policy statements may affect management and
regulation of -wetlands in the coastal zone. This document provides one way to
integrate these and other future changes into the CCMP.

                                         IX







CHAPTER ONE



        COASTAL DEVELOPMENT PERMIT REVIEW PROCESS



I. INTRODUCTION:

Throughout the existence of the California Coastal Commission (CCC) much has been
learned regarding California's coastal wetland resources. Over twenty years of agency-
wide experience has shown that effective regulation and protection of wetland
resources involves numerous components and considerable time and resources. In 1981,
the CCC adopted its Statewide Interpretive Guidelines for Wetlands and Other Wet
Environmentally Sensitive Habitat Areas (hereafter referred to as the Statewide
Interpretive Guidelines). These Statewide Interpretive Guidelines (Appendix A) were
written to "integrate ecological concepts and policies found in many sections of the
Coastal Act into a consistent whole, explain policies for protecting natural resources,
define technical terms, and facilitate application of the policies by the State and regional
Commission" (CCC, 1981). Many of the objectives for this Wetlands Procedural
Guidance Document are the same as those for the Statewide Interpretive Guidelines.
The overall goal of this document, however, is to provide a consistent process for the
review of proposed wetland development projects in the California coastal zone.
Additionally, this document includes information not available until after 1981,
thereby serving to update information contained in the Statewide Interpretive
Guidelines.

There are several ways in which the CCC is notified of potential wetland development
projects in the coastal zone, including:

1)   The Environmental Review Process: The California Environmental Quality Act (CEQA)
    and the National Environmental Protection Act (NEPA). Many wetland development
    projects will trigger the State and/or Federal environmental review process. As a
    regulatory agency the CCC is required to review projects within its jurisdiction.

2)   Coastal Development Permit Application. Permit application review requires CCC
    staff to analyze the complete permit application and prepare a staff report
    including recommendations for Commission action. In addition, the CCC receives
    notice of all pending local coastal development permits.







3)   US Army Corps of Engineers Section 404 Permits. The CCC reviews all Section 404
    permits for activities affecting the coastal zone to ensure consistency with
    California's Coastal Management Program.

4)  Local Coastal Program (LCP) Certification and Amendments. The Coastal Act directs
    each of the 73 cities and counties lying wholly or partly within the coastal zone to
    prepare an LCP. Local jurisdictions containing wetlands must include regulatory
    policies in their LCP's to ensure consistency with the Coastal Act. This process is
    especially important in southern California where many land use decisions
    regarding wetlands are made through the LCP certification or amendment
    process. (See the local government regulatory programs and agencies section in
    chapter three for more information on this topic.)

5)   Other Regulatory Activities. Several regulatory processes require documentation of
    existing or proposed project impacts. These include biological assessments for
    impacts to special status species, streambed alteration agreements, and violations
    of the Coastal Act or other regulations.

Presently, CCC staff efforts in southern California are devoted mainly to the review of
coastal development permit applications (item two above). In northern California, CCC
staff efforts focus on review of Section 404 permits and LCP certification and
amendments (items three and four above). However, most effective regulation of
wetland development, is achieved through CCC staff devoting adequate time to follow
all types of wetland development project notifications. A major objective of these
procedures is to promote early and effective participation in the review of wetland
development projects. Early and effective participation will often require CCC staff
input prior to receipt of an application for a coastal development permit.

The remainder of this chapter is devoted to a description of various procedures for
reviewing wetland development projects. The first section deals with the environmental
review process, because it is during this process that CCC staff have the greatest
opportunity to begin early and effective participation in the review of. wetland
development projects. The second section describes the CCC's coastal development
permit review process for proposed wetland development projects. The third, fourth,
and fifth sections describe topics of special importance in the review of all proposed
wetland development projects: identifying and delineating wetlands, establishing
buffer areas, .and determining functional capacity.








II. THE ENVIRONMENTAL REVIEW PROCESS:

Early and effective participation in the environmental review process is one of the best
ways to ensure consistent regulation of California's coastal wetlands. Active
participation in the environmental review process provides the following benefits:

    Increases the Depth of Analysis. CCC staff can use the CEQA/NEPA process to
     request project sponsors to prepare and complete the information and studies
     described later in this chapter prior to application for a coastal development
     permit. Thus, CCC staff increase the overall time available to complete an in-depth
     analysis of the proposed project.

     Better Cooperation From Applicants. Applicants appreciate early and complete
    identification of wetland issues, required studies, and possible mitigation
    alternatives. In a survey of former applicants conducted by the CCC in 1987-88,
    the lack of assistance in identifying necessary wetland mitigation alternatives was
    noted as a major short-coming of the CCC permit process. Further, when the CCC
    required additional studies for processing a coastal development permit
    application, it was often perceived by the applicant as being too late in the overall
    process. The earlier applicants are notified of requirements for specific studies and
    mitigation measures, the more likely they are to consider such issues in detail
    during the overall regulatory process.

  * Reduction in Permit Application Review Time. With adequate and early input during
    the environmental review process, most issues will have been identified and
    analyzed prior to receipt of an application for a coastal development permit. This
    will reduce the staff time required for application analysis and report preparation.

The environmental review process either follows guidelines of the California
Environmental Quality Act (CEQA) or the National Environmental Protection Act
(NEPA) depending on the lead agency, and the location and type of project. The
following description is for CEQA, but the NEPA process is very similar. CEQA review
involves three main steps:

1)   A lead agency is identified, which is responsible for examining the project to
    determine if it is subject to CEQA (CEQA Guidelines, Section 15061). If the project
    is exempt, a notice of exemption (CEQA Guidelines, Section 15062) is prepared.

2)   For non-exempt projects, the lead agency conducts an initial study to determine if
    the project has any potential significant impacts (CEQA Guidelines, Sections 15063
    and 15065). If it is determined the project will have no significant impacts, then a
    negative declaration is prepared (CEQA Guidelines, Sections 15070-15075).







3)  If the initial study shows the project may have a significant impact, the lead agency
    then prepares. either a mitigated negative declaration or a notice of preparation of
     an environmental impact report (EIR).

Figure 1 provides an overview of the CEQA environmental review process in the form
of a flow chart, while each of the three main steps are discussed further below.


A. The Lead and Responsible Agencies:

CEQA Section 21067 defines the lead agency to mean:

        The public agency which has the principal responsibility for carrying out or approving
        a project which may have a significant effect upon the environment.

The lead agency has primary responsibility for ensuring all CEQA requirements are
fully met, and that agency ultimately decides whether an EIR or a negative declaration
is required for the project. The lead agency is determined in one of two ways. If the
project will be carried out by a public agency, then that agency is designated the lead
agency (CEQA, Section 15051(a)). If a non-governmental person or entity carries out
the project, then the lead agency is the public agency with the greatest responsibility for
supervising or approving the project as a whole (CEQA, Section 15051(b)). Although it
is rare for the CCC to act as the lead agency, there are instances when this might occur.
For example, some projects proposed in the CCC's original permit jurisdiction where
the CCC is the first agency to review the project under CEQA, or in the CCC's review of
Local Coastal Programs. The CCC's responsibilities under CEQA are normally met
through the coastal development permit process, so a full EIR is not necessarily
required.

In contrast, CEQA Section 21069 defines the responsible agency to mean:

        A pubic agency, other than the Lead Agency which has responsibility for carrying out
        or approving a project.

A responsible agency is required to review and comment on the lead agency's
environmental determination. Having a lead agency and one or more responsible
agencies results in a check and balance system intended to provide full protection of the
State's natural resources.





Figure I                  EIR PROCEDURES FLOW CHART


                   LEAD AGENCY RECEIVES OR
S Q     I          PREPARES PROJECT DESCRIPTION



    ~~          I~~CONDUCT PRELIMINARY REVIEW 
              Determine if Project is Exempt from CEQA




                                          Im  ?  Yes  Prepare Notice of       CCC
                                                   Exemption Form             Noti


                             'No


                    ! CONDUCT INITIAL STUDY !
           > Consult with Responsible Agencies. Obtain
             their Recommendations on whether an
             EIR or Negative Declaration should be prepared
~.~~       > Complete 'Initial Assessment Checklist' CCRv
           > Describe potential "impacts' listed on
            Checklist as 'yes or Maybe'
           > Describe Feasible Mitigation for Suspected
             Impacts
           ï¿½ Describe How and If Mitigations will reduce
            impacts to insignificant levels

                      !STUDY CONCLUSION I

                          ~~~~~~~~~~~~~~II
        NO SIGNIFICANT EFFECTS            POTENTIAL FOR
           ON ENVIRONMENT              SIGNIFICANT IMPACTS


           Got o Step 4                 (Go toStep 9


                                          5






Figure I
              EIR PROCEDURES FLOW CHART (Continued)

                      PREPARE DRAFT
                  NEGATIVE DECLARATION



      s ~     I   Notice Negative Declaration iews
                                                         ~.Negative
              - Maximum 45 Day Review Period                 Ngtv



      c'~~    l Review & Respond to Comments
                   Received During Review

                           !I

                   Conduct Public Hearing I
                    or Staff Level Review
                    Consider and Review
                         Testimony
                Determine if Project Will Have
                 lAny Significant Impacts


               No~                   Yes


   ~~ ~Approve & Adopt            Scoping Meeting 
         Negative Declaration



             Go to Step 18:)     (Go to Step 9





                                    6





Figure 1                         EIR PROCEDURES FLOW CHART (Continued)

                        PREPARE ADMINISTRATIVE DRAFT EIR (ADEIR) I 
   s3   ~> Send Out Notice of Preparation (NOP) (30-Day Response Period)                        eview
           > Based on Input Received on NOPs, Modify Scope of EIR & Send Out for ReviewNOP
           > Response-For Proposals (RFPs)


    s(~ 3~ )1   ~ Review and Revise ADEIR (Note-in House Review Only)


    S Q 1    ~Review Revised ADEIR & Approve for Public Hearing (In House Review) 


               Send Hearing Draft of EIR to Involved Agencies for Review & Comments 
          '~~'~ ~~-s                                                             -    A


            Notice Draft EIR for a Public Hearing and Send 10 Copies to State Clearinghouse     Reviews
   ~ t~~l~    ~Review Period is a Minimum of 45 Days Prior to Public Hearing                     Draft
                         QED1.~ .EIR


   ~'-3 J      ! EVALUATE & RESPOND TO COMMENTS ON THE HEARING DEIR 
                      > Response to Comments Must be Attached to DEIR

                                        *~ ~~~~~~~~~~~~~~~~~~~                      '

                            I HOLD PUBLIC HEARING ON DEIR  |
                     > Accept Comments on the Adequacy & Accuracy of DEIR



                                I PREPARE THE FINAL EIR 1
         > Prepare Addendum Listing All Comments & Letters Received & Responses to them

                                           +
                I NOTICE HEARING FOR CERTIFICATION OF FINAL EIR & CERTIFY |
             > Hearing Must Be Noticed A Minimum Of 10 Working Days Prior To Hearing



                    COASTAL COMMISSION PERMIT REVIEW 
            18  SEE PERMIT PROCEDURES FLOW CHART (Figure 2)

                                                7







B.    The Initial Study:

The first step in obtaining approval for a development in or adjacent to a wetland is for
the project sponsor to apply for a permit. Typically this permit is from a local
government, special district, or in certain cases from the State or federal government.
(Special districts include port, harbor, and flood control districts, as well as State
colleges and universities.) Development within a wetland located in the coastal zone
will also require a coastal development permit from the CCC.

After receiving a permit application, the lead agency conducts a preliminary review to
determine if the project is categorically exempt from the CEQA process. Although some
minor projects are exempt from CEQA, it is unlikely that any project affecting a wetland
would be exempt under normal conditions. If the project is not exempt, then an initial
study is required. The initial study consists of a checklist of potential project impacts, a
qualitative assessment of the degree of impact, and an explanation for any perceived
significant impacts. The completed study is then sent to all responsible agencies for
review and comment.

At this early stage in the CEQA process (step 3 in Figure 1), CCC staff have the
opportunity to notify the potential applicant regarding information required to process
a coastal development permit application. Form letter one in Appendix A and
Appendix B list information that should be requested at the time comments are
submitted on the initial study.


C. The Negative Declaration:

After completion of the initial study, the lead agency prepares either a negative
declaration or a notice of preparation of an EIR. A negative declaration is the lead
Agency's explanation of why the project will not significantly affect the environment,
and therefore, does not require preparation of an EIR. In some cases, a project that may
have deleterious environmental effects can include mitigation measures, which reduce
the overall environmental impact to an insignificant level. Such an interpretation
requires the lead agency to issue a mitigated negative declaration.

CCC staff will have an opportunity to comment on the negative declaration or the
mitigated negative declaration during the review period (step 5 in Figure 1). Like the
initial study, CCC staff can use this opportunity to identify Coastal Act issues and


I Public Resources Code Section 13610a states: Until such time as the commission certifies a plan for an area
 identified as a wetland, estuary, or existing recreation area pursuant to Public Resources Code', Section 30710,
 any development proposed to be undertaken in such an area shall require a coastal development permit as
 provided in Chapter 7 of the California Coastal Act of 1976 and these regulations".

                                           8








information necessary to file and analyze a permit application for a wetland
development project (see Form Letter One, Appendix A and Appendix B).


D. The Environmental Impact Report:

An environmental impact report (EIR) must be prepared if the lead agency determines
that the proposed activity will have a significant environmental impact, which cannot
be reduced to insignificant levels through the actions of a mitigated negative
declaration. As previously mentioned, this determination is made through completion
of the initial study. The lead agency will publish a notice of preparation (NOP) if an EIR
is required (step 9 in Figure 1). The purpose of the NOP is to elicit input on the scope of
issues and the kinds of analyses the EIR should include. Responding to the NOP
provides CCC staff with the best opportunity to request all of the necessary
information, data, studies, and analyses required for filing a complete coastal
development permit application (see Form Letter One, Appendix B and Appendix C).
It is essential for CCC staff to identify all information needs at this stage, because it
is often more difficult to obtain additional information after the EIR is completed2.

The draft EIR is the first version of an EIR released by the lead agency for public
comment (step 13 in Figure 1). Examination of the draft EIR is another opportunity for
CCC staff to review and comment on proposed wetland development projects (see
Form Letter Two, Appendix B and Appendix C). However, comments for new
information or analyses, or other significant changes are not as effective as when they
are presented at the NOP stage. Comments on the draft EIR should focus on pointing
out errors in data and analyses, and on establishing an administrative record by
which the commenting party may pursue other options under CEQA. However, any
information requested by CCC staff in earlier comments, should be requested again
if it is not included in the EIR.

Throughout the CEQA process CCC staff have multiple opportunities to submit
comments regarding the proposed development project. Each of these opportunities
(but particularly comments on the negative declaration or NOP) can serve as early
notice to the applicant of the CCC's requirements for information necessary to file and
evaluate a coastal development permit application.



2 This is particularly true in light of several changes made to the California Environmental Quality Act (CEQA)
 during the 1993 legislative session. The emphasis of these changes , as well as a general trend in the
 environmental review process, is to 'front load' the. review process. This could mean, for instance: 1)
 emphasizing master EMs which are prepared at the land use plan stage, rather than the specific project review
 stage; 2) forcing or encouraging agencies to participate more fully in the initial project referral process
 conducted by the lead agency; or 3) other steps designed to avoid 'late-hits' in the environmental review
 process.


                                           9







ILL COASTAL DEVELOPMENT PERMIT APPLICATION REvIEw:

The overall goal in reviewing a coastal development permit application is to determine
if the proposed project is consistent with the Coastal Act. To ensure the review
considers all appropriate sections of the Coastal Act, one of the first steps is to
determine the type of project and the potential impacts. Such determinations are
initially made from information provided in the permit application. In the case of a
coastal development project affecting a wetland, relevant information might include: 1)
A wetland delineation report; 2) identification of environmentally sensitive areas; or 3)
notification that the project includes dredging, diking, or filling. However, Coastal Act
Section 30121 broadly defines a wetland in the following way:

    Wetland means lands within the coastal zone which may be covered periodically or
    permanently with shallow water and include saltwater marshes, freshwater marshes, open
    or closed brackish water marshes, swamps, mudflats, orfens.

Thus, the applicant may be unaware that a wetland (as defined in the Coastal Act) exists
in the proposed development area. To ultimately determine if a wetland exists, CCC
staff may need to consult other agency staff (e.g., the Department of Fish and Game, or
the U.S. Fish and Wildlife Service), other information sources (e.g., aerial photographs,
or national wetland inventory maps), or personally visit the site. If it is determined
that the proposed project could affect a wetland then the following procedures are
applicable.

Successful and complete review of an application for a coastal development project
affecting a wetland is a relatively complex process. Procedural problems facing CCC
staff can include incomplete applications, missing environmental documentation,
inadequate studies, 'uncooperative applicants, and limited staff time for internal
analysis. A complete permit application for a wetlands development project will
include administrative and technical information, an analysis of alternatives, and if
necessary, plans for mitigation and monitoring.

In addition to the procedural requirements, review of a wetland development project
application is made more difficult by the complex nature of wetlands (see chapter four).
Wetlands must be viewed as a complete ecosystem that require a full complement of
critical components in order to function. Some of these components are proper soil and
hydrology, an unpolluted water source, and adequate buffer areas. Additionally, the
wetland may contain one or more habitat types (e.g., upland, vegetated marsh, mudflat,
and open water) within its boundaries. These components and habitats interact to form
a complex ecosystem that supports a diverse and abundant assemblage of plants and
animals, and performs numerous beneficial functions. Thus, analysis of a proposed
wetland development project must examine the impacts to the entire ecosystem, not just
localized site-specific impacts.


                                         10








The following sections present a description of the steps necessary in the review of a
coastal development permit application for a wetland development project.


A. Initial Application Review:

A coastal development permit application should not be filed until after an initial
review is completed to determine the presence of all required information. In addition
to the items required by Section 13053.5 of the CCC Administrative Regulations, all of
the relevant information listed in the ecological study checklist (Appendix B) must be
present. If, after the initial review, the application is found to be incomplete, a letter
identifying the missing items should be sent to the applicant (see Form Letter Three,
Appendix A).

This initial review is an integral part of the overall CCC staff analysis, since many of the
application items must be examined in detail to determine if they are complete. Thus, it
is important to use the time spent on the initial analysis not only to determine
application completeness, but to gain an overall sense of the project and formulate
initial reactions as well. This latter information may. also help in clarifying or
augmenting requests for additional information.


B.  Staff Analysis:

A coastal development permit application is considered "filed" after CCC staff
determine the application is complete. Under normal circumstances, the CCC must act
on a fied application within a limited time frame. The first step in this process is for
CCC staff to complete an analysis of the application for consistency with the Coastal
Act. The results of this analysis are described in the form of a staff report to the
Commissioners, which includes suggested findings, recommendations, and any special
conditions. In analyzing a wetlands development project for consistency with the
Coastal Act, CCC staff analysis should consider Sections 30230, 30231, 30233, and 30240;
however, Section 30233 is the most specific policy regulating development in wetlands3.
That section establishes three tests for CCC evaluation of a wetlands development
project: 1). whether the project is one of eight allowable uses; 2) whether the project is
the least environmentally damaging feasible alternative; and 3) where adverse impacts
will occur, whether the project includes a feasible mitigation plan.





3 See Chapter Three, Section 1i1(C) for a complete citation of Coastal Act Section 30233, including a listing
 of the eight allowable uses.

                                         11







Figure'2 contains a flow chart that shows the order in which these tests are completed
and the essential parts of each test. Additionally, each of these tests is discussed below
in further detail.

     1)   Allowable Use Analysis4:

The first test requires analysis of the proposed project to determine if it is consistent
with one of the eight allowable uses cited in Coastal Act Section 30233. Interpretation of
certain allowable uses has generated some uncertainty in the past, so further
elaboration is provided here.

          i.   Allowable use Number One:

This allowable use includes "new or expanded port, energy, and coastal-dependent
industrial facilities, including commercial fishing facilities". Past controversy has
centralized on the definition of a "coastal-dependent industrial facility". Coastal Act
Section 30101 defines a coastal-dependent facility to mean:

        any development or use which requires a- site on, or adjacent to the sea to be able to
        function at all.

Determining if the facility must be located on or adjacent to the sea to function is the
key to deciding whether an industrial facility is coastal-dependent. Examples of this
type of development may include, but are not limited to, fish processing plants,
seawater desalinization plants, and kelp processing plants.

          ii. Allowable Use Number Three:

This allowable use describes the conditions under which the development of boating
facilities is permitted in wetlands. Much of the controversy involving this allowable use
centralizes around development in degraded wetlands.   Development of boating
facilities in degraded wetlands is an allowable use provided that the total development
does not exceed 25 percent of the degraded wetland and that a substantial portion (but
no less than 75 percent) of the degraded area is restored and maintained as highly
productive wetland.

Determining whether a wetland is degraded or not is often a central issue to application
of this allowable use. A framework for determining the status of a wetland is
incorporated into this allowable use by reference to the provisions under Section 30411
of Coastal Act. Specifically, through the process outlined in Coastal Act Section

4 Not all allowable uses are discussed here. See Chapter Three, Section HIl(C) for a complete citation of Coastal
 Act Section 30233, including a listing of the eight allowable uses.

                                          12





Figure 2                          CCC PERMIT PROCEDURES
 FLOW CHART FOR REVIEWING A WETLANDS DEVELOPMENT PROJECT APPLICATION



                 CCC Receipt of a Coastal Development Application




               Assignment of the application
               to a staff member and initial
                                               No Evaluate application under
               screening of the application to     ,       other relevant procedures
                                                       ote rElvanute applicedonundes
               determine if it proposes
               development in a wetland

                        Yes4


       Review application for completeness including
       items required in section 13053.5, a complete
       analysis of alternatives and various ecological
       information (see Appendix B)


                                                          4  Write letter to applicant
                                                  No..   requesting additional
             Application deemed complete?  i        nformting (adixoa,
                                               ~~~~'- I information (see Appendix A,
                                                          s  Form Letter 3)

                        Yes~

                    Application filed



       Analyze proposed project for consistency with Chapter 3 of the
       Coastal Act, consider sections 30230, 30231, 32033 and 30240




              Focus on section 30233 for wetland development
              project involving filling, diking, or dredging



                          Continued on next page

                                            13





Figure 2
                              Continued from previous page



               Evaluate proposed project via three tests in section 30233
                          (1) Allowable use
                          (2) Least damaging alternative
                          (3) Feasible and adequate mitigation




  Is proposed project one of the eight
  types allowable in section 30233? Pay        No       Stop analysis and recommend permit
             types allowa~~~b                        lei eto 03?PyN  denial. Staff may complete tests 2 & 3 for
  particular attention to interpretation for             di al S        taff recommestior
                                                        additional support for recommendation.
  allowable uses 1, 3, 5, 7, 8.


                  Yes


        Determine if the project is the least environmentally damaging alternative based
        on alternatives analysis provided in the application. (See Figure 3 for more
        information regarding alternatives analysis.) Consider alternatives not discussed
        in the application, this may necessitate a request for more information.





    Alternatives analysis is complete?                     Alternatives analysis is unacceptable.
                                                            That is, proposed project is not the
     Yes
                                                            least environmentally damaging
                                No alternative.
Alternative analysis
is acceptable, i.e., the
proposed project is        Require additional
the least environmentally  information from
damaging afternative.      applicant (Form letter 3,
                           Appendix A).                       Write staff report recommending a
                                                              revised project with conditions for
    Go to                                                     implementing least damaging
    Test Three               I Go Back to                     alternative. Permit denial is not
                              I Test Two                      precluded.

    Continued
    on next page
                                              14






Figure 2

                                 Continued from previous page






          If negative impacts will'occur, evaluate mitigation measures and determine if
          they are feasible and adequate.







          Mitigation plan               Mitigation plan is              Mitigation plan
          is feasible                   not feasible or                 information is
          and adequate.                 adequate.                        incomplete.





      Write staff report and         Write staff report,             Require more
      recommend approval             recommend approval              information from
      possibly with                  with conditions or              applicant (form
      conditions. denial.                                            letter 3 append. A)





                                                                          Go Back to
                                                                          Test Three











                                             15







30411(b), the Department of Fish and Game (DFG) in consultation with the CCC, and
the Department of Boating and Waterways may study degraded wetlands and verify
those most feasibly restored in conjunction with the development of a boating facility
(see Chapter three for more information). In particular, Coastal Act Section 30411(b)(3)
states that the DFG shall in the study of degraded wetlands include consideration of the
following:

          Whether. restoration of the wetland's natural values, including its biological
          productivity and wildlife habitat features, can most feasibly be achieved and
          maintained in conjunction with a boating facility or whether there are other feasible
          ways to achieve such values.

In determining the status of a wetland, the DFG must decide if anthropogenic activities
have altered the wetland system to such an extent that what remains exists in a
degraded condition when compared to other unaltered areas or historic informations.
Such an assessment must consider the overall condition of the subject area including an
investigation of the physical, chemical, and biological properties, the habitats present,
and the functions. The DFG has completed several such studies in the past (e.g., DFG,
1981).

The Statewide Interpretive Guidelines provide an expanded interpretation of Section
304116. This interpretation encourages development types other than boating facilities,
so long as restoration of the degraded  wetland  is a primary  objective.   This
interpretation has been used to support other types of projects (e.g., flood-control
facilities) in degraded wetlands.

Determining a degraded wetland's boundaries is also a potential source of controversy.
In general, the wetland boundaries should be based on the area the entire wetland
occupied prior to degradation. This determination is most readily made from a review
of historic information including aerial photographs.





  In the DFG's 1981 report, Determination Of The Status Of The Bolsa Chica Wetlands a degraded wetland was
  defined as 'A wetland which has been altered by man through impairment of some physical property and in
  which the alteration has resulted in a reduction of biological complexity in terms of species diversity of
  wetland-associated species which previously existed in the wetland areas."
6 The Statewide Interpretive Guidelines, Section VTI(D) state: "Section 30411 does not explicitly identify
  the other types of restoration projects. However,. such projects are encouraged if they promote the
  restoration of degraded areas and if boating facilities are not feasible. An example would include
  flood control projects undertaken by a public agency. Such projects may be permitted under Section
  30411 if they restore channel depths, are designed to enhance the functional capacity of the wetland
  area, and are the least environmentally damaging alternative to achieve restoration."

                                             16








          iii. Allowable Use Number Five:

This allowable use relates to incidental public service purposes that temporarily impact
the resources of an area, such as burying cables and pipes, or inspection and
maintenance of existing structures such as piers and outfall lines. One potential area of
controversy involving this allowable use focuses on what constitutes a temporary
project and whether mitigation is required for temporary impacts to a wetland. Coastal
Act Section 30607.1 provides some direction on the issue of mitigation for temporary
projects and states in part:

          The mitigation measures shall not be required for temporary or short-term fill or
          diking if a bond or other evidence offinancial responsibility is provided to assure that
          restoration will be accomplished in the shortest feasible time.

However, past decisions by the CCC have been fairly restrictive as to what constitutes a
temporary project. Additionally, the CCC has in certain instances required mitigation
measures for temporary impacts. Thus, CCC staff must use caution in their review of
projects qualifying under this allowable use.

Another question arising under this allowable use is whether roads qualify as an
incidental public service. Although the Statewide Interpretive Guidelines (CCC, 1981)
states that roads do not qualify as an incidental public service, footnote three of this
document states that:

          When no other alternative exists, and when consistent with the other provisions of
          this section [i.e., Coastal Act Section 30233], limited expansion of roadbeds and
          bridges necessary to maintain existing traffic capacity may be permitted. Activities
          described in the Commission's Guidelines on Exclusions from Permit Requirements
          applicable to roads also should be consulted.

As written, however, this interpretation only applies to the limited expansion of
existing roadbeds and bridges where necessary to maintain existing traffic capacity.

          iv. Allowable Use Number Seven:

Restoration is another use allowed under Section 30233, which has been subject to
varying interpretations. In the strictest sense, projects undertaken solely for restoration
purposes are beneficial, since the project should result in an increase in wetland acreage
and function. Thus, in reviewing projects proposing strictly wetlands restoration, staff
should focus on the net benefit or gain in wetland functions and habitat.

In contrast, Section IV(C) of the Statewide Interpretive Guidelines (CCC, 1981) makes a
case for allowing "some fill for non-permitted uses if the wetlands are small, extremely


                                          17







isolated and incapable of being restored", if the applicant "provides funds sufficient to
accomplish an approved restoration program in the same general region7". The main
point of this section, however, is that filling wetlands for non-permitted uses is allowed
only where restoration is the main purpose of the project. Nevertheless, this approach
should be used with caution. Recommending a coastal development permit for an
unallowable use as part of a wetland restoration project should be avoided even if the
restoration component appears adequate. Wetlands are hard to restore and even harder
to create, and CCC staff are encouraged to work with what they have. To allow even
partial filling of any wetland in exchange for restoration can result in a net loss of both
wetland acreage and function.

          v.   Allowable Use Number Eight.

This allowable use permits wetland development for nature study, aquaculture, or
similar resource dependent activities. Most of the discussion surrounding this allowable
use is related to determining what constitutes an aquaculture activity. Coastal Act
Section 30100.2 defines aquaculture to mean:

          A form of agriculture that is devoted to the controlled growing and harvesting offish,
          shellfish, and plants in the marine, brackish, and fresh water. Aquaculture products
          are agricultural products, and aquaculture facilities and land uses shall be treated as
          agricultural facilities and land uses in all planning and permit issuing decisions
          governed by this division.

Although the Coastal Act interprets aquaculture and agriculture as similar activities
and is generally supportive of these activities, the Act does not intend for agricultural
activities to be considered an allowable use in wetlands. For example, aquaculture does
not mean the culture and production of commercially utilized inland crops, including
but not limited to, rice, watercress, or bean sprouts. Additionally, aquaculture activities
can only be located in a wetland if they are dependent upon the resources of the
wetland to function. Support facilities, such as parking lots and buildings for
maintenance or processing activities are not permitted in the wetland under this
allowable use.









7 Here region is used in the ecological context to mean a proximity that results in direct benefits to the same
 suite and/or populations of organisms.

                                           18








     2) Alternatives Analysis:

An alternatives analysis is required if the proposed wetland development project is
determined to qualify as one of the eight allowable uses (Coastal Act, Section 30233).
Completion of an alternatives analysis is extremely valuable, as it requires the analyst
and the applicant to view the project from a different perspective, which can result in
the synthesis of creative designs that significantly reduce or minimize project impacts.

If the alternatives analysis cannot yield a definitive finding because of insufficient
information, the applicant should be contacted for additional information (see Form
Letter Four, appendix A), which if not provided will result in a recommendation for
denial of the project. This situation is avoided by carefully reviewing the permit
application before filing, in order to determine the adequacy and completeness of the
alternatives analysis.

Section 30233 allows for the filling, dredging, or diking of wetlands, provided the
project is an allowable use and that there are no less environmentally damaging
feasible8 alternatives. The alternatives analysis framework presented here is based on
Section 30233 of the Coastal Act and CEQA9 (Public Resources Code Section 21000 et.
seq.). In addition to the discussion below, an alternatives analysis flow chart is
presented in Figure 3.

In an alternatives analysis CCC staff examine the primary alternative (i.e., the proposed
project), and compare it to other possible alternatives to determine which is the least
environmentally damaging feasible alternative. All alternatives are proposed by the
applicant. Each alternative is analyzed under two resource impact criteria: 1) loss of
wetland acreage; and 2) loss of wetland functional capacity. The most straightforward
way to complete this analysis is to determine the level of impact for each criterion
separately and then compare the results among alternatives. The alternative with the
lowest overall resource impacts is deemed the least environmentally damaging feasible
alternative. Unfortunately, most alternative analyses are not this straightforward and
require comparisons between criteria as well as alternatives. Additionally, while
evaluating the loss of wetland acreage is a relatively straightforward process,
evaluating the loss of functional capacity is often complex (see determining functional
capacity section below). Moreover, the weight given each criterion is not necessarily
fixed or equal: in some cases it may be determined that preservation of wetland acreage
is more important than preservation of functional capacity, although in other cases it
may be determined that preservation of functional capacity is more important than

8 Feasible is defined in Section 30108 of the Coastal Act to mean "... capable of being accomplished in a
  successful manner within a reasonable period of time, taking into account economic, environmental,
  social, and technological factors".
9 In fact one of the best ways to achieve a thorough alternative analysis is through the CEQA/NEPA
  process.


                                          19




Figure 3
           Figure 3                           ~~~ALTERNATIVES ANALYSIS

                                            DECISION MAKING MATRIX

ALTERNATIVES              FIRSTCRITERION                     SECOND CRITERION                       PREFERRED PROJECT

     STEP 1           IS WETLAND ACREAGE                 IS WETLAND FUNCIONAL CAPACITY
                       MAINTAINED AND PROJECT            MAINTAINED AND PROJECT
   Relocate Project    RESULT IN NO NET LOSS?             RESULTS IN NO NET LOSS?                   IF THIS ALTERNATIVE HAS THE
   Off-She                                                                                           IF THIS ALTERNATIVE HAS THE
 (Assumes Off-Site                                                                                  LOWEST OVERALL IMPACTS
 Alternative Has No       *   YES                         I   YES            ON-  AND IS FEASIBLE, STOP
 Impacts On Wetland)                                                                                 PROCESS AND RECOMMEND
                                                                                                  THIS ALTERNATIVE. IF NOT,
     1st Priority                                                                                    GO TO STEP 2.




                                                        DEVELOP MITIGATION AND/OR
                                                        RESTORATION PLAN                 NOI  DROP ALTERNATIVE 
     STEP 2 
   Reconfiguration                                      NO                                          IF ALTERNATIVE HAS LOWEST
   oAlternatives            *  YES                    In'-   YES                               *    OVERALL IMPACTS, STOP
 (Includes altering               A                                                                  PROCESS AND RECOMMEND THIS
 design, scale, and/or                                         DROPALTERNATIVE                       ALTERNATIVE.IFNOT,GOTO
 density)    N     O              N     O           -     f1WI DROP     I RSTEP 3.

     2nd Priority      DEVELOP MITIGATION AND/OR
                       RESTORATION PLAN



                                                       DEVELOP MITIGATION AND/OR
                                                        RESTORATION PLAN             *  NO       *  DROPALTERNATIVE 
     STEP 3
                                                       NO    l                                     IF ALTERNATIVE HAS LOWEST
    Propjet As      -YES                             I/-   YES                                      OVERALL IMPACTS, STOP
    Proposed                                                                                        PROCESS AND RECOMMEND THIS
 (Primary Alternative)                                                                               ALTERNATIVE.
                          NO ~             NO        -        DROP ALTERNATIVE-
                                  "41*     / ~~~~~~Consider Other Alternatives
     3rd Priority      DEVELOP MITIGATION AND/OR               or Recommend Denial
                       RESTORATION PLAN








preservation of wetland acreage. Above all, the analysis should focus on an objective
assessment of the alternatives, and result in a clear, concise description with defensible
findings.

Obviously, the least environmentally damaging alternative is total avoidance. That is,
relocation or discontinuation (no project alternative) of the project so that any damage
to the wetland is completely avoided. Other alternatives generally assume the project
will be located in or adjacent to the wetland, but consider various types of
reconfigurations such as changes in scale and density, or changes in project size -
particularly building footprint - or shape. Presumably, any of these alternatives will
impact the wetland and would therefore require a mitigation plan. However, the
alternatives analysis should be confined to determining the least environmentally
damaging feasible alternative and should not include an evaluation of any mitigation
plans. If the least environmentally damaging feasible alternative is expected to
adversely impact the wetland then the next phase of application review, evaluation of
the mitigation plan must be completed.

As this discussion suggests, alternatives analysis is a complex process. The key to a
good alternatives analysis, however, is a thorough objective review of all potential
alternatives. Although the methods described here are fairly general, they do provide a
consistent framework for the analysis, which will vary with the specifics of the project
and the potential alternatives.

     3)   Mitigation:

The final test identified in Section 30233 requires an evaluation of the applicant's
mitigation plan to determine if it is feasible and appropriate relative to the
environmental impacts arising from the proposed project. All wetland development
projects should include a mitigation plan, which if enacted will result in no net loss of
wetland acreage or function.

Compensatory  mitigation is the most common  type of mitigation proposed  in
applications for coastal development permits. Although mitigation through
compensation can take several forms, restoration projects are most often encountered
by CCC staff'0. If restoration is proposed, then a restoration plan must be developed
prior to final permit review. The plan must answer specific questions regarding the
adequacy of the proposed mitigation, and the overall consistency of the proposed

10 For this discussion, restoration refers to the replacement or provision of substitute resources or
  environments, such as the re-establishment of a former wetland. Another type of mitigation, however,
  is restoration of the impacted site. Undoubtedly, this would be required of the applicant in any event,
 'but additional mitigation would also be required for the resources lost through development. The
  restoration plans discussed here relate to this additional required mitigation.


                                          21








mitigation with the policies of the Coastal Act. The following information applies only
to the review of restoration plans for dredging, diking, and filling of wetlands. Chapter
two of this document provides a more thorough discussion of available mitigation
alternatives including other types of compensatory mitigation, in-lieu fees, mitigation
banking, as well as more detailed information on restoration plans.

Various sections of the Coastal Act (e.g., 30411(b) and 30607.1), identify wetland
restoration as a mitigation alternative for allowable wetland development projects.
However, attempts at wetland restoration have generally met with limited success. The
restoration of natural wetlands is not a short-term project. Many natural wetlands have
taken thousands of years to reach their present form and function. Thus, it can be many
years after a wetland is lost through development, before a wetland with similar form
and function is completely re-established via restoration. One should proceed
cautiously in recommending wetland restoration as mitigation for the loss of existing
wetlands. Again, CCC staff should emphasize impact avoidance and protection of
existing wetlands. The use of restoration projects should be reserved for those cases
where there is no less environmentally damaging feasible alternative for an allowable
use, and where there is no other feasible mitigation alternative.

The enhancement of degraded wetlands has also been considered a form of
compensatory mitigation. Although this process can improve wetland functions (and
therefore enhance the value), there is rarely a net increase in wetland acreage especially
when the loss from the proposed development project is taken into account. Thus,
considering the enhancement of degraded wetlands as acceptable mitigation for
wetlands lost through development can lead to a net loss of wetland area.

Restoration projects involve the re-establishment of key wetland characteristics in
former wetland  areas, with the eventual goal  of re-establishing a functionally
productive and self-sustaining wetland. For example, breaching dikes to restore tidal
action, removing fill material to restore proper elevations, and restoring the natural
course of streams and rivers are all restoration processes that can result in the recreation
of former wetlands. Section IV D(b)(2) of the Statewide Interpretive Guidelines offers
the following guidelines in the use of restoration:

          The applicant may, in some cases, be permitted to open equivalent areas to tidal
          action" or provide other sources of surface water. This method of mitigation would


11 A footnote for this section goes on to state" 'Opening up equivalent areas to tidal action' means to
  permanently open to tidal action former intertidal wetlands capable of providing equal or greater
  biological productivity. Mitigation measures should restore areas which are no longer functioning in a
  manner beneficial to wetland species. For example, returning a diked-off, formerly saltwater, but
  presently freshwater marsh to tidal action would not constitute mitigation. However, improving tidal
  flushing by removing tide gates, digging tidal channels and clearing culverts might qualify, if the

                                           22








          be appropriate if the applicant already owned filled, or diked areas which themselves
          were not environmentally sensitive habitat areas but would become so, if such areas
          were opened to tida action or provided with other sources of surface water.

Restoration plans will vary depending on the type and extent of the impacts arising
from the proposed development, and the available alternatives. The information
presented here is only intended to provide general guidance in the review of such
plans. Normally, the restoration plan should include provisions for starting restoration
prior to project implementation; this approach gives the applicant an incentive to
successfully implement the restoration plan. In addition, every restoration plan must
include a detailed construction and management plan that:

     ï¿½ Identifies the habitat functions and values that will be created at the restoration
        site, and stipulates a time frame for achieving those functions and values.

     *  Establishes a maintenance program that provides for repairs, modifications,
        and maintenance of the restoration site to ensure that the restoration goals are
        achieved and maintained. These procedures should also include specific
        remedies in the event the mitigation project does not meet the designated goals

     * Establishes a monitoring program (including reporting of results) that provides
        detailed information about the restored area over time to permit an accurate
        determination of whether the restoration goals have been met.

     *  Assures  the  applicant  is  legally  bound  as  totally  responsible  for
        implementation and completion of the restoration project prior to or concurrent
        with construction of the proposed wetland development project.

     *  Assures  that prior to commencement  of the development  project, the
        restoration site will be purchased and dedicated to a public agency, or
        otherwise permanently designated as open space.

     *  Presents convincing evidence that the restoration site is located in an area no
        longer functioning in a manner beneficial to wetland species or other
        organisms, such as a former productive wetland or estuary that currently exists
        as unproductive dry land.

     ï¿½ Presents convincing evidence that the site can be restored to equal or greater
        biological productivity when compared to the area lost through development.
        At a minimum, the restoration site must provide equivalent or greater habitat
  Comminssion determines that such actions would restore an area to equal or greater habitat value than
  the area lost.'


                                         23







        values to the same type and variety of plant and animal species that use the
        proposed development site (CCC, 1981).

        Shows that the restoration site is located in the same general region (e.g., the
        same watershed) as the proposed development site.

In contrast, a proposed restoration area should not be used as a mitigation site if it
contains any of the following characteristics:

     ï¿½ The area constitutes a locally and/or regionally significant area of upland or
        transitional weftand habitat.

     ï¿½ The area contains special status species (e.g., threatened or endangered
        species), or locally or regionally unique plants or animals.

     ï¿½ The area serves as an essential ecological component to an adjacent wetland
        area, such as a buffer zone or transitional upland habitat.

In addition to the general guidelines for restoration plans, there are also specific
considerations for wetland dredging that can reduce the project impacts, and
potentially the mitigation requirements. Where a dredging operation is proposed,
Section 30233(b) of the Coastal Act provides that:

          Dredging and spoils disposal shall be planned and carried out to avoid significant
         disruption of 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.

Furthermore, Statewide Interpretive Guidelines Section IV D(2)(a)(2) reinforces Section
30233(b) through the following statement:

          Limitations may be imposed on the timing of the [dredging] operation, the type of
         operation, the quantity of dredged material removed, and the location of the spoil site.

These special considerations for dredging focus on the logistics and methods of the
operation. All mitigation plans for dredging impacts should take these logistical and
methodological constraints into account.

All of the previously described processes for evaluating proposed wetland
development projects assume staff are made aware of a project through normal
notification or application procedures. However, these processes may also apply in the
examination and evaluation of illegal activities. Once a violation (for example
constructing a building in a coastal wetland without a coastal development permit) is


                                         24








discovered the property owner is in most' cases required to apply for an after-the-fact
permit. Analysis of this application would follow the same steps outlined above for a
normal coastal development permit, and may or may not result in permit approval.
Further enforcement and penalties in connection with the violation are determined
separately.


IV. WETLAND IDENTIFICATION AND DELINEATION:

All coastal development permit applications proposing development in a wetland must
include a map delineating the wetland area12. A wetland delineation map identifies the
wetland's location and pinpoints the boundary line between the wetland and adjacent
upland area by determining the extent of one or more key wetland characteristics:
hydrology, hydric soils, and hvdrophvtic vegetation. Other resources such as aerial
photographs, national wetland inventory maps, and soil conservation maps may also
prove useful in determining the location and size of a wetland. CCC staff must review
the resulting delineation map and supporting information carefully, because the
delineation results can vary depending on the wetland definition and delineation
procedure used (see chapter three for more information).

In the coastal zone, the CCC, with assistance from the DFG, is responsible for
determining the presence and size of wetlands subject to regulation under the Coastal
Act. The local government also has a direct role in the identification and delineation
process in areas with a certified local coastal program. Although the exact procedure
has varied somewhat in the past, the DFG wetland definition and classification system
(described in chapter three) is the delineation methodology generally followed by the
CCC. For wetland development projects requiring Army Corps of Engineers (ACOE)
review, the applicant may, in some cases, need to obtain two delineations, one for the
coastal development permit, and another for the ACOE Section 404 permit.

A number of ecologically distinct wetland types occur in California, and these
ecological differences can also affect the identification and delineation of wetlands. The
subject of wetland ecology is discussed further in other parts (particularly chapter four)
of this document, but some points relevant to this section are introduced here. In
addition to the more traditional fresh- and salt-water marshes, the California coastal
zone also contains a number 6f riparian areas, most often occurring as corridors along
streams and rivers. Resource and regulatory agencies have found it hard to strictly
define riparian areas as wetlands because of the often transient hydrology, the absence
of hydric soils, and the heterogeneous vegetation composition. Yet riparian areas do
exhibit many of the functions and values found in other wetlands. In the past, CCC

12 In determining project related impacts the CCC considers the wetland as it currently exists and not as it may
  have existed historically. Thus, the accuracy of a wetland delineation is determined, in part, by how recently
  is was completed.

                                         25







staff have recognized riparian areas as "environmentally sensitive areas" within the
meaning of Coastal Act section 30107.5, and then regulated development through
Section 30240. Additionally, Sections 30231 and 30236 provide for the protection of
many riparian areas.   The semi-arid climate of Southern California also presents
problems for the identification and delineation of wetlands. Some wetlands in this part
of California can remain dry for one -or more seasons due to the Mediterranean climate.
Many of the information sources listed above can assist CCC staff in identifying such
seasonally wet wetlands. Additionally, Ferren and Fiedler (1993) have developed a
technical description useful for identifying wetlands in Central and Southern California.

As evidenced by this brief discussion, accurate wetland identification and delineation
can be challenging. CCC staff are encouraged to work with the DFG, the ACOE, local
government and any other applicable agencies to minimize delays relating to wetland
delineation. Early communication can go a long way to preventing problems later on.


V. ESTABLISHING BUFFER AREAS:

Buffer areas are undeveloped lands surrounding wetlands. These areas act to protect
the wetland from the direct effects of nearby disturbance (both acute and chronic), and
provide necessary habitat for organisms that spend only a portion of their life in the
wetland such'as amphibians, reptiles, birds, and mammals. A buffer area should be an
integral component of any proposed development project located within or adjacent to
a wetland. Buffers should have all of the following characteristics:

1)   Buffer width should be a minimum of 100 feet (CCC, 1981)13. In some cases, such
     as when a species requires habitat adjacent to a wetland for part of its life or when
     nearby development poses increased hazards to a wetland or wetland species,
     larger buffer areas should be considered.

2)  Buffers should work to minimize the disturbance to a wetland from adjacent
     development. If the adjacent development includes residential areas, the buffer
     must include a fence and/or a natural (e.g., vegetation or water) barrier to control
     the entry of domestic animals and humans into the wetland. The buffer should
     also provide for visual screening in those cases where resident or migratory
    wetland species are particularly sensitive to human impacts. The use of walls,
     berms and other barriers should be considered where excessive artificial light or
     noise is a problem.


13 In Southern California, the CCC has typically required 100 foot buffers for fresh- and salt-water
  wetlands and 50 foot buffers for riparian areas. Riparian areas (as defined in the glossary) are
  considered environmentally sensitive areas, but for a variety of reasons have not always received the
  same treatment as other types of wetlands.

                                          26








3)   Buffers should be designed, where necessary, to help minimize the effects of
     erosion; sedimentation, and pollution -arising from.- urban, industrial, and
     agricultural activities. However, to the extent possible, erosion, sedimentation,
     and pollution control problems should be dealt with at the source not in the
    wetland or buffer area. Sources of pollution include point and non-point source
     discharges into the watershed and air, domestic and industrial garbage and debris,
     and biological pollution arising from the introduction of exotic organisms.
     Regular maintenance must be provided for any devices (e.g., silt or grease traps)
    built in the buffer zone.

4)   Buffers should provide habitat for species residing in the transitional zone between
    wetlands and uplands. All project designs should consider the movement of food
     and energy between habitats as well as the life cycles of organisms that feed or
    reproduce in the wetland but generally reside outside the wetland. -Any
    revegetation work in the buffer area should use native species from local sources.

5)   Buffers should allow for passive recreational uses within the area, only if it can be
    shown that these uses will not adversely impact the wetland ecosystem or the
    buffer's function as described in the above criteria. These uses should be limited to
    bird watching, walling, jogging, and bike riding, and may include the.
    construction of paths and interpretive signs and displays. All paths should be
    constructed to minimize impact to plants and animals.


VI. DETRMINING FUNCTIONAL CAPACrry:

A functional capacity analysis must be included as part of the application for a coastal
development permit. Since the determination of functional capacity is a scientific one, it
must be made by a qualified ecologist. CCC staff review of the wetland functional
capacity analysis is a mong the most important elements of the permit application
review process. The functional capacity analysis assists CCC staff in determining
whether a development project will diminish the overall capacity of a wetland to
function as an integrated ecosystem. Maintaining the functional capacity means
maintaining the same level and number of species, maintaining the same level of
biological productivity, and maintaining the same relative size and number of
habitats. Functional capacity analysis is also an important part of the alternatives
analysis discussed above. Finally, functional capacity analysis is one method available
for determining the appropriateness of any proposed mitigation; however,
compensatory mitigation is not a substitute for maintaining the functional capacity of
the impacted wetland.

California coastal wetlands have a number of important functions and values, which
have increased in relative importance because of the enormous wetland losses that have


                                        27







occurred throughout California. In general, wetland functions are those processes that
directly or indirectly result in values that benefit humans or other organisms, or values
perceived by humans as desirable or worthy of protection. All of the known functions
and values of coastal wetlands are a manifestation of one or more of the physical,
chemical, or biological processes inherent to wetlands. Determinations of functional
capacity must consider each of these components in the overall assessment. (See chapter
four, for a further discussion of wetland functions and values.)

Determining the functions and values of seasonally wet wetlands (often referred to as
seasonal wetlands) can be a contentious issue for resource and regulatory agencies.
Because of their transient nature, it is argued that seasonally wet wetlands are more
limited in function, and therefore of lower value than perennially wet wetlands. While
the transient hydrology of seasonally wetlands may reduce the time period of a
function, the performance of that function and its overall value are not necessarily
diminished relative to perennially wet wetlands. In fact, many of the same functions
and values present in both types of wetlands. Additionally, seasonally wet wetlands
can, during certain times of the year, provide greater value for certain functions (e.g.,
ground water recharge, floodwater storage, habitat for endangered species, or feeding
and resting spots for migratory birds), relative to nearby perennially wet wetlands.

Functional capacity determinations of wetlands considered "marginal" can also be
problematic. "Marginal wetland" is an arbitrary term that is generally applied without
a technical basis. A marginal wetland may or may not qualify as a "degraded wetland"
(Coastal Act Section 30411). Marginal wetlands may be seasonal or perennial, and are
sometimes considered less important because of their location (e.g., small isolated
areas), reduced species diversity, or reduced habitat complexity. Nevertheless, marginal
wetlands do provide important functions and values, which may be of special
significance on a local or regional level. For example, some marginal wetlands provide
unique or rare habitat that may in turn be vitally important to a threatened or
endangered species. Such a wetland would also have important educational and
scientific value.














                                         28







CHAPTER TWO




 AN OVERVIEW OF MITIGATION PROCESSES AND PROCEDURES



I. INTRODUCTION:

Mitigation for the adverse affects of development projects in wetlands can take on a
variety of forms. Compensatory mitigation (enhancement, restoration, or creation) is
the most common mitigation proposed in coastal development permit applications.
However, under certain circumstances the CCC has also accepted less desirable
mitigation alternatives such as in-lieu fees and contributions to mitigation banks.
Although a variety of mitigation alternatives exist, all of them have drawbacks and
limitations. (Not the least of which is the large amount of money often required to
undertake a mitigation program.) Numerous partially successful, or failed mitigation
projects attest to the fact that mitigation is not a panacea. Past experience clearly shows
a great deal of effort is required by all parties to ensure successful mitigation.

This chapter presents a brief overview of several common mitigation alternatives for
proposed projects directly affecting wetlands. Additionally, the chapter presents
information on mitigation ratios, and more detailed information on restoration plans.


IL MITIGATION DEFINED:

Although the Coastal Act does not define mitigation, the California Environmental
Quality Act does. Under CEQA, mitigation includes all of the following:

a)   Avoiding the impact altogether by not taking a certain action or parts of an action.

b)   Minimizing impact by limiting the degree or magnitude of the action and  its
    implementation.

c)   Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.

d)   Reducing or eliminating the impact over time by preservation and maintenance operations
    during the life of the action.

e)   Compensating for the impact by replacing or providing substitute resources or
    environments.

                                        29







This definition is hierarchical with avoidance being the most preferred type of
mitigation and compensation being the least preferred type.

Past experience in reviewing applications for coastal development permits shows
applicants rely heavily on compensatory mitigation to minimize habitat loss, regardless
of the impacts. Typically, compensation measures are included as an integral part of the
project design. This form of mitigation is often justified through arguments designed to
show that the wetland acreage enhanced or restored is equal to the acreage lost.
However, this concept of compensatory mitigation often fails to recognize the
complexity of the wetland ecosystem, its relationship to the watershed, and the fact that
wetland functions may not be directly related to acreage. Additionally, the success of
compensatory mitigation - especially restoration projects - is not proven. Overall,
more emphasis should be placed on mitigation alternatives that include wetland impact
avoidance and minimization. Compensation for wetland impacts should only be
considered as the last alternative, and only if there are no other less environmentally
damaging feasible alternatives.


II. TYPES OF MITIGATION:


A) Avoidance:

Avoidance of project impacts is the preferred mitigation alternative under CEQA.
Through this form of mitigation, adverse impacts are avoided altogether through
alteration of project location, design, or other related aspects. For obvious reasons, this
mitigation alternative is not generally preferred by permit applicants, since it requires a
change (possible substantial) in the proposed project. Yet in evaluating mitigation
alternatives, CCC staff should give first consideration to impact avoidance for all or
some of the proposed project impacts.


B) Enhancement, Restoration, and Creation:

The enhancement, restoration, or creation of wetlands are three types of compensatory
mitigation. In this document, enhancement is considered a mitigation activity that
improves the size or function of degraded or other existing wetlands. Restoration is
considered a mitigation activity that re-establishes a former wetland. Creation is
considered a mitigation activity that results in the formation of a new wetland.

Although not without drawbacks, enhancement of an existing wetland is among the
most common type of compensatory mitigation. The principal shortcoming of most
proposed enhancement projects is that they can often result in a net loss of wetland
acreage (Table 1). Only through the restoration of former wetlands or through the


                                         30








                                        Table 1

    A COMPARISON AMONG COMMONLY PROPOSED TYPES OF WETLAND
                     COMPENSATORY MITIGATION PROJECTS


     Ty e oMitigio   Advan a                            iDisadvantages-
     i- -.i.i.iE40020.|-400.0.E ij~t- :,  i...:.i,. --;. : i  i.iiiiii-0  ..  -i-    i. ...i-i.-.-i-i  !04-  :.:. - BE. in E ...  ..
Enhancement of degraded      Good chances of success,    Net loss of wetland area
wetlands with some existing  since project located in an  and/or functions.
functional value.            existing wetland ecosystem.

Restoration of former        Net gain of wetland acreage  Still somewhat experimental.
wetlands area with no present and function. Success rate    May be a long time between
functional value.            higher than for projects    loss of developed wetland
                              creating new wetlands.      and completion of the
                                                          restoration project.

Creation of a new wetland    Provides greater flexibility   Still experimental. Success
site not adjacent to existing    for mitigating impacts.  rate is low. Functional value
wetland.                                                 not well documented.

creation of new wetlands can no-net-loss be achieved. Enhancing existing (e.g.,
degraded) wetlands as mitigation for wetland resources does not provide additional
wetland acreage, but can increase the function and value of existing habitat.

CCC staff should review wetland enhancement projects carefully. All wetlands in
coastal California are extremely valuable, even if degraded, because of the dramatic loss
in wetlands throughout the State, and the unique habitats wetlands provide. In urban
areas, the remaining wetlands still support important plant and animal species. Though
many of these wetlands are disturbed by human activities, they can still be a significant
resource.

In contrast to enhancement projects, the restoration of a former wetland can result in a
net increase in both wetland acreage and function (Table 1). Restoration of a former
wetland is by no means foolproof, but may have a reasonable chance of re-establishing
fundamental wetland characteristics such as the proper elevation or hydrology.
However, having no guarantee the restoration project will achieve the stated goals in
the specified time frame is a major concern regarding wetland restoration. To provide a
higher probability of success, the restoration project should be located adjacent to a
functioning wetland. Isolated restoration sites will probably have a lower chance of
sustaining maximum function and values, due to isolation from seed sources, and
limitations on the migration and dispersion of wetland animals. Established


                                          31







connections among wetlands can be critically important in the event of local
catastrophes, which can result in localized extinction without inputs from other
wetlands.

The creation of a new wetland is probably the most uncertain type of compensatory
mitigation (Table 1). Not only must the project provide the proper form and balance of
fundamental characteristics, but it must also result in a system that is self-sustaining or
provide for a permanent maintenance program. Creating new wetlands has many of
the problems associated with wetland enhancement and restoration projects.
Additionally, it can be a very long time from the creation of a new wetland to the
establishment of functions and values equal to those lost through development. Thus,
there is an interim (often permanent) loss of functions and values. CCC staff should be
very cautious in recommending wetland creation projects as mitigation for the loss of
existing wetlands.


C) In-Lieu Fees and Wetland Mitigation Banks:

In-lieu fees and wetland mitigation banks are two types of compensatory mitigation
that result in the applicant allocating funds for the augmentation of wetlands. Typically,
in-lieu fees are funds placed in one or more accounts designated for restoration,
enhancement, or preservation of existing wetland resources. In contrast, wetland
mitigation banks are either existing or newly created wetland areas that are available
for purchase and subsequent management and preservation. In practice, funds paid by
the applicant are used to purchase a portion (i.e., credits) of an existing wetland
mitigation bank, or are used to fund the creation of a new bank. Using a pre-negotiated
formula, the applicant draws on the purchased credits to mitigate for wetland impacts
arising from the development project.

In-lieu fees and mitigation bank purchases have generally met with limited success in
serving as adequate mitigation for wetland losses. As previously discussed, there are
numerous technical difficulties inherent to wetland creation and restoration.
Additionally, the allocation of funds through these alternatives are generally not tied to
a specific type of mitigation. Thus, there is a reduced chance for in-kind mitigation, and
even less chance the mitigation site will be near the impact site. Project time lags can
also reduce the overall success of mitigation due to the loss of wetland functions
between the time of adverse impacts, the collection of adequate funds to undertake the
project, and completion of the mitigation project. Resource management agencies have
also found that the complete cost of mitigation is not always accounted for in the fees
collected, while mitigation bank funds are not always adequate to implement the bank
project in a timely fashion. Wetland restoration costs remain high --particularly the
purchase of coastal property - especially in southern California, where land is
extremely expensive.


                                         32








Mitigation banks raise special problems of their own. More often than not, the promised
mitigation is never realized. Simply put, resource scientists do not know how to build
sustainable wetlands that match the functions and productivity of natural wetlands.
Thus, any broad use of mitigation banks could lead to a net loss of wetland habitat.
Moreover, resource agencies are concerned that the creation of mitigation banks will
reduce the barriers to filling wetlands and estuaries, and may even encourage projects,
as bank sponsors seek to'recover their costs. On a broader scale, there is strong interest
at many levels of government in formalizing the mitigation bank process and
expanding its use as a viable mitigation alternative for wetland impacts. Nevertheless,
it is recommended that CCC staff coordinate with resource agencies to determine the
success of a mitigation bank's activities prior to recommending an applicant's
involvement in the bank as mitigation for wetland development impacts.

In-lieu fees or contributions to wetland mitigation banks should not be used because the
applicant is having difficulty in locating a suitable mitigation site. Often this approach
only transfers the problem of locating an appropriate mitigation site to a public agency.
CCC staff are encouraged to work with the applicant to reach an environmentally
acceptable decision regarding mitigation prior to initiation of the project.

In evaluating various mitigation options, CCC staff should remember that mitigation
banks and in-lieu fees are alternatives not solutions. Mitigation banks and in-lieu fees
are forms -of compensatory mitigation, which under CEQA  is the least preferred
alternative.


IV. MITIGATION RATIOS:

When an applicant proposes to restore or create a wetland as mitigation for impacts
from development, the CCC must determine if the quantity and quality of the proposed
mitigation will adequately compensate for the wetland area lost through development.
Resource and regulatory agencies have usually required additional acreage beyond that
lost through development, because of interim losses in wetland acreage and functional
capacity, and because the success and resulting value of compensatory mitigation
projects are uncertain. The ratio of wetland acreage created or restored to the wetland
acreage lost to development is termed the wetland replacement ratio or mitigation ratio.
Wetland replacement ratios may vary depending on the acreage, functions, and values
of the wetland lost to development and the type of mitigation proposed.

To refine and standardize the process of determining mitigation ratios, some agencies
have relied on technically based habitat evaluation methods such as the Habitat
Evaluation Procedure (HEP) and the Wetland Evaluation Technique (WET). These
procedures are complex and include evaluation criteria that are both objective and
subjective. Unfortunately, several of the evaluation criteria do not accurately account


                                         33








for the ecological processes present in California's coastal wetlands and this is a major
difficulty with the use of HEP and WET in California (Onuf and Quammen, 1985). In an
attempt to address this problem a modified version of HEP was developed for use in
evaluating California's coastal wetlands. However, this modified HEP has been
characterized as even more subjective than the original procedure. Additionally, the
use of these methods can result in erroneous information under certain' situations. For
example, through these techniques it is possible to conclude that a smaller wetland
restored to a higher value offsets the loss of a larger wetland with lower values (e.g., a
degraded wetland). Finally, a full evaluation under HEP or WET is very involved
requiring a great deal of biological, physical, and chemical information. Unfortunately,
the required information is often incomplete or nonexistent for many of California's
coastal wetlands, rendering completion of these procedures unrealistic.

Because of the controversy and inherent problems associated with HEP and WET, CCC
staff are discouraged from using information and results from these procedures to
determine wetland replacement ratios. The preferred procedure is to use the results
from the functional capacity analysis (see chapter one), which provides for the
preservation of both wetland acreage and functional capacity, in evaluating the
adequacy of compensatory mitigation and mitigation ratios. In determining if
functional capacity is maintained, both the adverse impacts and the proposed
mitigation must be evaluated. In order to maintain functional capacity and wetland
acreage, a mitigation plan should at least include the following:

     A wetland mitigation ratio in excess of one to one (i.e., one wetland acre must be
    restored or created for each acre lost through development). Many coastal
     development permits14 have required a mitigation ratio of four to one to
    compensate for wetland acreage and functional capacity lost during the re-
     establishment and maturation of the mitigation area. In some cases, larger
     mitigation ratios have been required to ensure that at least some compensation
     occurs in the event the mitigation project is only partially successful. Enhancement
     of degraded habitat may be included as a component of a mitigation plan if the
     total package results in an acceptable mitigation ratio.

  * Wetland creation projects should be located adjacent to existing wetland habitat
     whenever possible, to increase the probability for success.

  ï¿½ Wetland creation projects should replace the same habitat type, preferably in the
     same watershed or area. However, if a regional management plan has been
     prepared for the area that demonstrates the need for a specific habitat type, the
     CCC may consider replacement with the identified critical habitat, provided that

14 For specific examples see permit numbers 5-90-913, 5-92-408, 5-93-276, 6-86-2, 6-87-611, 6-87-667, 6-88-
  277, 6-88-388, 6-89-195, 6-90-219, 6-90-77.

                                         34








     this replacement is endorsed by the appropriate fish and wildlife management
     agencies.


' V. ENHANCEMENT AND RESTORATION:


 A.  Effectiveness of Enhancement and Restoration:

 Wetland enhancement and restoration projects are among the most common types of
 wetland mitigation submitted with coastal development permit applications. Wetland
 enhancement and restoration efforts in California have been criticized because of an
 overall failure to fulfill the goal of no net loss and a failure to replace lost wetland
 values. These failures are due to many factors, including a lack of project completion,
 limited project success, and unclear goals and evaluation criteria. For example, in a
 review of 58 wetland mitigation projects in the San Francisco Bay area, Eliot (1985)
 found that very few of the projects achieved the stated goals. Additionally, Maguire
 (1985) identified the inability to accurately evaluate the effectiveness of restoration
 projects as a continuing problem because of:

   * Unclear objectives.

   * Insufficient technical detail in the design.

   - Inadequate identification of the type and quantity of habitat lost through
     development.

   * Inadequate baseline data regarding the biological, physical, and chemical
     condition of the restoration area.

 However, a more recent study by Josselyn et al. (1993) found that 13 out of 22 (59%)
 Coastal Conservancy sponsored wetland restoration projects were effective in meeting
 initial project goals. This success rate is high compared to results of evaluations
focusing on wetland mitigation projects (Josselyn et al., 1990). This higher success rate
was expected due to the extensive planning that goes into Conservancy projects, the
frequent interaction among various resource and regulatory agencies and the
Conservancy, and the funding of project grantees who have a genuine interest in
restoring wetlands (Josselyn et al., 1993). While wetland mitigation success remains
low, the results of Conservancy sponsored projects suggests the potential exists for
increasing the success rate.






                                         35







B. Designing an Effective Enhancement or Restoration Plan:

The creation of a well designed enhancement or restoration plan is a complex process
involving all of the following:

  * Determination of regional habitat goals.

  ï¿½ Determination of enhancement or restoration goals and objectives.

  * Detailed documentation of on-site conditions.

  * Comparison of on-site conditions with regional goals and selecting priority species
     and habitats for the mitigation area.

  * A detailed description of the post- enhancement or restoration environment and
     essential components, and a description of the materials and methods used to
     achieve that environment.

  * A detailed and comprehensive review of the enhancement or restoration plan and
     revision as necessary.

     Development of the final plan.

The following is a list of design criteria and standards that should be used by applicants
in developing an enhancement or restoration plan15:

1)   Maximize the chances ]br success: If a wetland mitigation plan proposes to enhance a
     degraded wetland area, then enhancement should ultimately improve the function
     and values with the least amount of habitat modification. Using enhancement of
     degraded wetlands as mitigation is discouraged because there is often a net loss of
     wetland area, especially when the area lost through development is considered.
     However, incorporating an existing wetland ecosystem (no matter how disturbed)
     into the mitigation plan can dramatically improve the chances of a successful
     project over creating new, isolated wetlands. An existing wetland will serve as a
     reservoir of biota that can colonize restored areas and ensure long-term survival of
     the wetland. Since most new wetlands are isolated, they will not have this
     reservoir to draw from, and it will be difficult for the wetland to attain the level of
     diversity and function of a self-sustaining wetland ecosystem.



15 For further information on this subject, the reader should consult other published documents, such as
  Salt Marsh Restoration (Zedler, 1984), and Marsh Restoration in San Francisco Bay: A Guide to Design and
  Plan (Josselyn, 1984), and references within.

                                          36








2)  Maximize wetland size: Mitigation plans should strive to maximize wetland size by
    choosing sites adjacent to or connected with existing functional wetlands. Such
     plans must also include provisions for the appropriate habitats (e.g., open water,
     marshland  vegetation,  mudflat,  etc.) in the proper  proportions.    Large
    consolidated areas can offer larger habitats and a greater number of habitats
    resulting in greater species diversity and population size. However, this criterion
     should not be interpreted as justification to consolidate remaining wetland acreage
     into "wetland reservations", which would result in a loss of important adjacent
    upland habitat and can work against the existence of rare species and habitats.

3)  Maintain linkages between wetlands: Where two or more wetland habitats or systems
     are connected, a mitigation plan should maintain these linkages. Wetland
    connections should not be severed by development. These connections are vitally
     important as migration corridors and transition zones between wetlands and
    adjacent habitats. These connections are also critical for the recolonization of
    wetlands that suffer local catastrophes such as lagoon closures, or episodes of
    acute toxicity.

4)  Establish and maintain buffer areas: Buffer areas are undeveloped lands surrounding
    wetlands. These areas act to protect the wetland from the direct effects of nearby
    disturbance (both acute and chronic), and provide habitat for organisms that
    spend only a portion of their life in the wetland such as amphibians, reptiles, birds
    and mammals. (See chapter one for more information on buffers.)

5)   Use of existing vegetation and soil: Mitigation projects should strive to salvage the
    wetland vegetation and topsoil removed during construction for use in the
    mitigation area. Additional plant material should be drawn from local sources so
    that local gene pools are maintained. Non-native wetland plants or plants and soils
    from different regions should not be used at the restoration site.

6)  Revegetation: The success of revegetation can be enhanced by planting species at
    their elevation of greatest natural abundance and in soils with a salinity no higher
    than those found in the native habitat. In addition, transplanted vegetation may
    require additional maintenance, such as watering or enclosures to prevent grazing,
    until they become established.

7)  Consider elevation and topography: The elevation and topography of wetland areas is
    critical to determining the hydrologic regime and the resulting habitats. Elevation
    changes on the order of centimeters can have dramatic effects on the wetland
    ecosystem. Not only must the elevations be determined accurately, there must be
    sufficient detail so that an overall understanding of the landscape. topography is
    clear. For example, intertidal habitat should slope towards the channel at an even
    grade of one to two percent to reduce ponding and maximize the intertidal area.


                                         37








8)   Consider Hydrology: The source and supply of water to the wetland is key to
    determining the overall structure of the ecosystem. For wetlands connected to the
    ocean, the tial p2rism must be sufficient to provide adequate exchange of saltwater
     over the tidal cycle. This is especially important in lagoons where closure of the
    lagoon mouth may or may not be a natural phenomenon. Designs for new
    wetlands must incorporate protection from the direct force of waves and tidal
    currents. Fresh water sources must also be accounted for in the mitigation design.
    Freshwater supply can vary dramatically throughout the year in many parts of
    California. The mitigation design should also consider the beneficial flood control
    function of a wetland.

9)   Minimize sedimentation: ff excessive sedimentation is a potential problem, then the
    mitigation plan must include sediment basins and/or maintenance dredging
    programs to control the build-up of sediments. The plan should encourage the use
     of upstream sediment controls, including prohibition of grading during the rainy
    season, stabilization of slopes prior to the rainy season, and protection of native
    vegetation on steep slopes and stream banks.

10)  Construction timing: In order to minimidze the disturbance to existing wetland
    habitat, mitigation projects should avoid active periods of reproduction, growth,
    or migration of wetland species.


C. Contents of an Enhancement or Restoration Plan:

The following list of criteria is intended to assist applicants in preparing an
enhancement or restoration plan, and CCC staff in reviewing such plans. At a
minimum, an acceptable plan will include:

1)  Clearly stated objectives and goals consistent with regional habitat goals. These
    regional goals must identify functions and or habitats most in need of
    enhancement or restoration and must be as specific as possible. If the regional
    goals have not been identified, then the applicant and CCC staff should work with
    relevant federal, State, or local agencies to determine if the proposed plan is
    consistent with the ecology and natural resource composition of the area.

2)   Adequate baseline data regarding the biological, physical, and chemical criteria for
    the mitigation area.

3)   Documentation that the project will continue to function as a viable wetland over
    the long term.




                                         38








4)  Sufficient technical detail in the project design including, at a minimum, an
     engineered grading plan and water control structures, methods for conserving or
     stockpiling topsoil, a planting program including removal of exotic species, a list
     of all species to be planted, sources of seeds and/or plants, timing of planting,
     plant locations and elevations on the mitigation site base map, and maintenance
     techniques.

5)  Documentation of performance standards, which provide a mechanism for making
     adjustments to the mitigation site when it is determined through monitoring, or
     other means that the enhancement or restoration techniques are not working.

6) Documentation of the necessary management and maintenance requirements, and
     provisions for remediation should the need arise.

7)  An implementation plan that demonstrates there is sufficient scientific expertise,
     supervision, and financial resources to carry out the proposed activities.

8)   A monitoring program (see below for more details).


D.  Basic Standards for a Monitoring Plan:

A monitoring plan is a critical component of an enhancement or restoration plan that
provides an objective way to evaluate the success of the project. When properly
conducted, monitoring provides invaluable information regarding:

  ï¿½ A ssurance that the mitigation project is meeting the stated goals.

  * Identification of major problems or flaws in the mitigation area.

  ï¿½ Ways to improve future wetland enhancement or restoration plans.

The monitoring program is intended to document changes in the physical, chemical,
and biological status of the mitigation area through the collection and analysis of
relevant data. The monitoring plan should include the following components:

1)  Provisions for independent monitoring of the site at least five years after
    completion of the mitigation project. The intent is to continue monitoring until the
    project has successfully met the stated goals and objectives. For larger projects
    where new wetlands are created, extended monitoring will be required.

2)  Repetitive surveys for plants and animals (including species of special concern)
    throughout the various habitats of the mitigation area. The surveys should use


                                         39







     techniques that permit a determination of species composition and abundance.
     Both terrestrial and aquatic organisms should be surveyed. Timing of the surveys
     should be considered, since the abundance of many plant and animal species often
    varies with season. Surveys sufficient to characterize the mitigation site should
     also be completed prior to any enhancement or restoration activities.

3)   Monitoring of hydrology. For tidal wetlands this would include a determination of
     the areas inundated at high and low tide, tidal prism, and water velocity. For non-
     tidal wetlands, this would include determination of permanent and seasonal
     patterns of inundation and water sources.

4)   Monitoring of water quality. Repetitive sampling of various chemical and physical
    constituents such as salinity, pH, nutrient concentration, dissolved oxygen,
    temperature, and turbidity throughout the year. The sampling pattern may vary
     throughout the year and may include more intensive sampling over several tidal
     cycles to determine short-term salinity patterns.

5)   Monitoring of soil chemistry. This will serve primarily to document trends in soil
     salinity in tidal wetlands, but may include measurements of other constituents as
    required.

6)   Ongoing procedures for the identification and correction of problems as they arise.
    Such problems may be related to the physical, chemical, or biological attributes of
     the mitigation site, or difficulties in meeting enhancement or restoration objectives
     and timelines. These procedures should include specific remedies in case the
     mitigation project does not meet the designated goals.

7)  Provisions for timely analysis and production of annual reports. These reports will
    be distributed to the CCC and other interested parties. The final monitoring report,
     submitted upon completion of the monitoring program, should analyze all
     monitoring data and presents different management options.














                                         40








CHAPTER THREE




     PROTECTION AND MANAGEMENT OF WETLANDS IN THE
                      CALIFORNIA COASTAL ZONE:
       A REVIEW OF RELEVANT AGENCIES AND PROCESSES



L. INTRODUCTION:

Numerous processes, policies,. and regulations issued from all levels of government
have dramatically influenced the amount and quality of wetlands in California since the
early 1800's. Early on, much of the interest in wetlands focused on their 'reclamation"
for agriculture. More recently, however, interest has focused on the preservation and
restoration of wetlands in California, resulting in protection oriented policies and
regulations. Currently, a complex network of government agencies is responsible for
enforcing the - many rules and regulations pertaining to wetland management and
protection. Although a few statutes and directives are specific to wetlands, most of the
regulatory influence over wetlands occurs indirectly through management or
regulation of water quality and quantity, fish and wildlife, endangered species habitat,
water navigation, floodplain control, public trust, coastal resources, and environmental
land use regulations (Dennis and Marcus, 1984). However, even with the myriad of
regulatory measures, wetlands resources throughout the State do not receive equal
protection. Moreover, implementation within and among government agencies is
inconsistent. In short, California 'is currently lacking a fully implemented
comprehensive policy for the management and protection of its wetlands.

More recent activities, however, should improve the current situation. Specifically, the
Wilson administration (State) and the Clinton administration (federal) released wetland
policy statements in August 1993, which are designed to provide a consistent policy
framework for the management and protection of wetlands. These policy statements
detail a series of action items and initiatives designed to achieve three principal goals:
1) ensure no net loss of wetlands; 2) reduce procedural complexity; and 3) develop
private and public partnerships to encourage wetland conservation and protection.
Implemetation of these policy statements is underway.

This chapter presents a review of the relevant agnis processes, and policies affecting
California's wetlands. Topics covered include: 1) definition and classification of
wetlands; 2) agencies and regulations relating to wetlands; and 3) existing management
practices. The focus is on wetlands occurring in the coastal zone. This chapter is not


                                       41








intended to present an exhaustive review, but rather to give the reader a basic level of
understanding and a sense of the current regulatory procedures. The subjects covered
here are complex. The reader is encouraged to consult the referenced literature for
additional information.


IL DEFINrrION AND CLASSIFICATION OF WETLANDS:

The lack of a single definition for a wetland is one of the more problematic issues
affecting wise stewardship of this resource. The use of different definitions by
regulatory and resource agencies has lead to unequal protection of California's wetland
resources and inconsistencies in evaluating the existence and management of wetlands.
All of the regulatory processes related to wetland protection and development apply
only after the existence of a wetland is established. Thus, the criteria and processes
used to define a wetland are central to determining which regulations apply and to
what extent they are applied.

The word wetland is a relatively new term used to describe a particular landscape
known throughout the world by a variety of names (e.g., swamp, bog, fen, mud flat,
mire, and marsh). In fact, many of the terms used to define a wetland were developed
as a way to describe the more obvious characteristics that exist within this landscape.
Fundamentally, a wetland is land that remains wet long enough to result in the
alteration of key physical, chemical, and biological elements relative to the surrounding
landscape. However, the complex nature of wetlands requires a more elaborate
definition, one which accounts for their variable nature and their subtle, but important,
features.


A.  Definition and Classification by Federal Agencies:

Several definitions for a wetland are applied by numerous State and federal resource
and regulatory agencies, and this combined with the complex nature of wetlands has
resulted in public confusion and frustration. The United States Army Corps of
Engineers (ACOE), the Environmental Protection Agency (EPA), and the United States
Fish and Wildlife Service (FWS) have developed the two definitions most commonly
used by federal, State, and local agencies. The ACOE and EPA definition for a wetland
(hereafter referred to as the ACOE definition) is probably used most often throughout
the United States because of the ACOE's direct permit authority over development in
wetlands and deepwater areas, and because the definition has been upheld in several
courts of law.

The ACOE definition is often referred to as a "three parameter definition" because three
key parameters: hydrology, soil, and vegetation must all occur and meet the defined


                                         42








characteristics in order for a location to be classified a wetland. The ACOE definition
(Environmental Laboratory, 1987) reads as follows:

     The following definition, diagnostic environmental characteristics, and technical approach
     comprise a guideline for the identification and delineation of wetlands.

a.   Definition: The ACOE (Federal Register, Section 328.3(b), 1991) and the EPA (Federal
     Register, Section 230.4(t), 1991) jointly define wetlands as: 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 swamps, marshes,
     bogs, and similar areas.

b.   Diagnostic environmental characteristics: Wetlands have the following general diagnostic
     environmental characteristics:

     1. Vegetation: The prevalent vegetation consists of macrophvtes that are typically adapted
         to areas having hydrologic and soil conditions described in (a) above. Hydrophytic
         species, due to morphological, physiological, and/or reproductive adaptation(s), have the
         ability to grow, effectively compete, reproduce, and/or persist in anaerobic soil
         conditions.

     2. Soil: Soils are present and have been classified as hydric, or they possess characteristics
         that are associated with reducing soil conditions.

     3. Hydrology: The area is inundated either permanently, or periodically at mean water
         depths < 6.6 ft. (- 2 m), or the soil is saturated to the surface at some time during the
         growing season of the prevalent vegetation. The period of inundation or soil saturation
         varies according to the hydrologic/soil moisture regime and occurs in both tidal and
         non-tidal situations

c.   Technical approach for the identification and delineation of wetlands: Except in certain
     situations defined in this manual, evidence of a minimum of one positive wetland indicator
     from each parameter (hydrology, soil, and vegetation) must be found in order to make a
     positive wetland determination.

Figure 4 presents a cross-sectional diagram of the areas and habitats under ACOE
jurisdiction, and under which this definition applies.







                                             43









FIGURE 4




 Scope of Corps Reg'ulaoyJrsitn



               TIDAL WATERS                                         FRESH WATERS
                        SECTION 404
      *              ~~~~~disposal of dredged or fill material             SECTION 404
      rdwaad 3O                                       I             disposal of dredged of fill materialI
     j~~~~~ETO 1 0 I SECTIONl  10
       austructures and work: levee, dock, aet.    I                all structures arnd work
   wf~dt Vonbel*Wi isaaka









                     INTO OCEAN ~~~~~~WATERSSETO13.








                                TWELNDSWETAND








Like the ACOE definition, the FWS definition (Cowardin, et al., 1979) of a wetland
incorporates the three key parameters of hydrophytic vegetation, hydric soils, and
hydrology:

     Wetlands are lands transitional between terrestrial and aquatic systems where the water
     table is usually at or near the surface or the land is covered by shallow water. For purposes
     of this classification wetlands must have one or more of the following three attributes: (1) at
     least periodically, the land supports predominantly16 hydrophytes; (2) the substrate. is
     predominantly undrained hydric soil; and (3) the substrate is nonsoil and is saturated with
     water or covered by shallow water at some time during the growing season of each year.

In addition to the above definition, the FWS has developed an elaborate classification
system for wetlands and deepwater habits, which was primarily created to facilitate a
national inventory of wetlands (Cowardin, et al., 1979). Cowardin and his associates
(1979) acknowledged the difficulty, if not impossibility, of arriving at a "single, correct,
indisputable, ecologically sound definition" because of the diversity of wetland types,
and because "the demarcation between wetland and dry land lay along a continuum".
The FWS classification system is hierarchical, progressing from broad system
descriptors to very specific modifiers for water regime, water chemistry, and soils
(Cowardin, et al., 1979). Wetlands within each system share similar physical, chemical,
and biological characteristics. The systems consist of the coastal wetlands which include
marine and estuarine wetlands, and the interior wetlands which include riverine,
lacustrine  and palustrine wetlands (Figure 5 illustrates these systems diagram-
matically).

Although the FWS classification system is complex, it does provide an objective method
for identifying virtually any wetland landscape. Relative to the ACOE definition, the
FWS definition is generally regarded as being more inclusive in the classification and
subsequent delineation of a wetland. This is because the FWS classification system
defines a wetland by the presence of the proper hydrology and either the presence of
hydric soils or hydrophytic vegetation, except in nonsoil areas, such as rocky intertidal
areas, where only the presence of proper hydrology is requiredl7.






16 Normally, a particular vegetation type (e.g., hydrophytic vegetation) is considered to predominate
  when it makes up at least 50% of the vegetative cover on an areal basis.
17 A common misconception is that the FWS definition requires only one of the three requisite attributes
  (ie., proper hydrology, hydrophytic vegetation, or hydric soils) be present in order for any location to
  qualify as a wetland. This was never the Agency's intention. For a specific discussion of this topic, the
  reader is referred to Tiner, R.W. Jr. 1989. A clarification of the U.S. Fish and Wildlife Service's wetland
  definition. National Wetlands Newsletter. 11(3)6-8.

                                            45











FIGURE 5 -Diagram fliustrating Major Wetland Systems








                                          INLAN)  ICOASTAL






                                              Forested 
                                            1ottmlands'














                              ~~~~~~~Salta 










          Systems

           El Marine, Rocky                   E     .Riverine                   Boundaries

              X>~ Marine, Interticdal       E        DLacustrine

               Estuarine                             Palustrine






 Source: Willams, 1991



                                                 46








Another federal wetland definition is found in the Food Security. Act of 1985. This
definition is important because it applies to agricultural lands:

     The term "wetland", except when such term is part of the term "converted wetland"
     means land that has a predominance of hydric soils and that is inundated or saturated by
     surface or groundwater at a frequency and duration sufficient to support, and that under
     normal circumstances does support, a prevalence of hydrophytic vegetation typically
     adapted for life in saturated soil conditions.

The  Soil  Conservation  Service  currently  assists  farmers  in  making  wetland
determinations on agricultural lands. Under the "Swampbuster Provisions" of the
Food Security Act (as amended in 1990), the presence of wetlands can affect the amount
of federal benefits farmers receive through the federal farm benefits program. The
Swampbuster Provisions allow for farm benefits to be withheld from any person who:
1) plants an agricultural commodity on a converted wetland that was converted by
drainage, dredging, leveling, or any other means after December 23, 1985; or 2) converts
a wetland for the purpose of or to make agricultural commodity production possible
after November 28, 1990.

A recently released wetlands policy statement from the Clinton Administration charges
the Soil Conservation Service with the responsibility of serving as lead agency for
identifying wetlands on agricultural lands under both the Clean Water Act and the
Food Security Act (Office on Environmental Policy, 1993).

All of the federal definitions use some combination of three principal attributes (i.e.,
hydrology, hydric soils, and hydrophytic vegetation) to determine the presence and
define the boundaries of a wetland. Although a discussion of why these attributes were
chosen is beyond the scope of this document, it is clear that their nation-wide use offers
several advantages: 1) Each attribute is clearly defined, and the definitions are very
similar if not identical among agencies; 2) the presence of each attribute, with few
exceptions, is readily determined with a high degree of precision; and 3) each attribute
represents a key wetland characteristic.

While it has been known for some time that several (and somewhat conflicting) wetland
definitions exist at the federal level, only recently have steps been taken to address this
problem. In 1993, the Clinton Administration commissioned the National Academy of
Science to lead the development of a single wetland definition that will be used by all
relevant federal agencies to identify wetland areas. This work will be completed in
September, 1994, and should result in a more cohesive approach to wetlands regulation
at the federal level.





                                         47








B. Definition and Classification by California State Agencies:

In addition to the definition and classification procedures developed by federal
agencies, some California resource and regulatory agencies have developed their own
wetland definition and classification procedures. Although these State agency
procedures are generally based on the FWS definition and classification procedure
described above, they do differ in specific details.

In the California coastal zone , the California Coastal Commission (CCC), with the
assistance of the Department of Fish and Game (DFG) is responsible for determining the
presence of wetlands subject to regulation under the California Coastal Act. As the
primary wetland consultant to the CCC, the DFG essentially relies on the FWS wetland
definition and classification system, with some minor changes in classification
terminology, as the methodology for wetland determinations (Radovich, 1993).
However, one important difference in the DFG delineation process compared to the
FWS process, is that the DFG only requires the presence of one attribute (e.g.,
hydrology, hydric soils, or hydrophytic vegetation) for an area to qualify as a wetland
(Environmental Services Division, 1987).

In contrast to the detailed definition and classification system adopted by the DFG,
Section 30121 of the California Coastal Act (1976), the statute governing the CCC, has an
exceptionally broad definition for a wetland:

     Wetland means lands within the coastal zone which may be covered periodically or
    permanently with shallow water and include saltwater marshes, freshwater marshes, open
     or closed brackish water marshes, swamps, mudflats, orfens.

However, the CCC Administrative Regulations (Section 13577 (b)) provides a more
explicit definition:

     Wetlands are lands where the water table is at, near, or above the land surface long enough
     to promote the formation of hydric soils or to support the growth of hydrophytes, and shall
     also include those types of wetlands where vegetation is lacking and soil is poorly developed
     or absent as a result offrequent or drasticfluctuations of surface water levels, wave action,
     water flow, turbidity or high concentrations of salt or other substance in the substrate.
     Such wetlands can be recognized by the presence of surface water or saturated substrate at
     some time during each year and their location within, or adjacent to, vegetated wetlands or
     deepwater habitats.

As discussed in chapter one, the CCC with assistance from the DFG, is responsible for
determining the presence and size of'a wetland subject to regulation under the Coastal
Act. Although the exact procedure has varied somewhat in the past, the DFG wetland



                                          48








definition and classification system is the delineation methodology generally followed
by the CCC.

This discussion demonstrates that defining, delineating, and classifying wetlands are
not simple matters, requiring an understanding of both wetland science and current
regulatory definitions. Recently, wetland policy statements were released by both the
Clinton administration and the Wilson administration, which may offer some help in
this regard. Both statements identify. the development of a single wetland definition as a
high priority. Such a definition would need to encompass all types of wetlands and
meet the needs of all relevant agencies. However, a single, clear definition for a wetland
could aid in the sound management and protection of this resource, since many
decisions regarding this resource are based on the definition used.


III. AGENCIES AND REGULATIONS RELATING TO WETLANDS:

Numerous federal, State, and local agencies administer and enforce a myriad of federal,
State, and local regulations that pertain to the development and alteration of wetlands
in the California coastal zone. Although intended to provide clear and complete
oversight and protection of wetlands, the sheer number and complexity of these
regulations often have the opposite 'result. In this section some of the more important
laws and regulations affecting the development and alteration of coastal wetlands are
described's.


A. Federal Regulatory Programs and Agencies:

Two  statutes at the federal level provide the primary regulatory authority over
wetlands in the United States: 1) The Clean Water Act (Section 404 (b)) regulates dispos-
al of dredge and fill materials in waters of the United States, including all streams to
their headwaters, lakes over 10 acres, and contiguous wetlands, including those above
the ordinary high water mark in non-tidal waters and mean high tide in tidal waters;
and 2) the River and Harbors Act of 1899 (Section 10) regulates the diking, filling, and
placement of structures in navigable waterways. The ACOE is responsible for the
enforcement of rules and regulations pertaining to both of these sections.


18This section is not a complete review of all laws and regulations pertaining to wetlands. For more
  information the reader is encouraged to review the following references: 1) Muir, T.A., C. Rhodes, and
  J.G. Gosselink. 1990. Federal statutes and programs relating to cumulative impacts in wetlands. Pages 223-
  236 in J.G. Gosselink, L.C. Lee, and T.A. Muir [Eds.]. Ecological Processes and Cumulative Impacts:
  Illustrated by Bottomland Hardwood Wetland Ecosystems. Lewis Publishers, Inc., Chelsea, MI.; and 2)
  Dennis, N.B. and M.L. Marcus. 1984. Status and trends of California wetlands. Final report prepared for
  the California Assembly, Resources Subcommittee.


                                           49







The original intent of the River and Harbors Act was protection of waterway
navigability. In 1968, however, the ACOE established a more expansive review process,
"public interest review", which included assessment of local and regional interests such
as land use, economics, flood control, fish and wildlife, ecology, pollution, as well as
traditional navigability (Dennis and Marcus, 1984). The availability of alternatives,
'permanence of impacts, and cumulative'effects were adopted as additional review
criteria in 1974 (Dennis and Marcus, 1984). Thus, the ACOE Section 10 review process
incorporates numerous. criteria applicable to the regulation of wetlands occurring in
navigable waterways.

Under Section 404(b) regulations, all saline, brackish, and freshwater wetlands adjacent
to (and in some circumstances, isolated from) navigable waters are subject to ACOE
jurisdiction. The Section 404 regulatory program has a complex judicial and
administrative history, in which wetlands have become the regulatory focus of 'waters
of the United States"'. Additionally, as part of the Section 404 permit program, the EPA
and the ACOE have developed guidelines (specifically 404(b)(1) guidelines) that specify
disposal sites for dredged or fill material. The purpose of these guidelines is to control
discharges of dredged or fill material into U.S. waters in order to restore and maintain
the chemical, physical, and biological integrity of the waters. These guidelines set the
criteria against which permit applications are measured.

Unfortunately, the intent and administration of the Section 404 program in interpreted
in fundamentally different ways by various federal agencies. For example, the ACOE
views its primary regulatory function as protecting water quality, whereas the FWS,
who comments on many Section 404 permit actions, regards protecting the integrity of
wetlands and their habitats as the primary function of Section 404 (Dennis and Marcus,
1984).

It is important to note that not all activities in wetlands are regulated under Section 404.
For example, excavation, clearing, leveling, draining, and vegetation removal are all
unregulated activities. Additionally, the ACOE's general permit system exempts the
deposition of fill material in a wide variety of riparian habitats and small (ï¿½ 1 acre)
wetlands. This is particularly troublesome in California, where the seasonally dry
nature of many streams and ponds precludes ACOE jurisdiction of many riparian
corridors and small freshwater wetlands.

Although the River and Harbors Act and the Clean Water Act empower the ACOE with
primary responsibility for the federal. regulation of development and alterations in
wetlands, other federal agencies are also involved. The EPA, FWS, Soil Conservation
Service, and the National Marine Fisheries Service (NMFS) can review applications for
ACOE Section 404 permits and provide comments and recommendations to the ACOE.
In fact, under the Fish and Wildlife Coordination Act, the ACOE is required to consult
with the FWS and the NMFS and give full consideration to their recommendations in


                                         50








evaluating permit decisions. Additionally, under certain circumstances the EPA, FWS,
and NMFS can elevate an ACOE district engineer's permit decision to the Assistant
Secretary for review and reconsideration'9. However, only the EPA has the authority
(albeit, rarely used) to veto an ACOE permit decision.

Notable exceptions to this division of agency responsibility occur when threatened or
endangered species are present, or when an activity is subject to the requirements of the
National Environmental Policy Act. In these situations a multitude of agencies with
direct regulatory authority may become involved. The lead and participating agencies
will vary depending on the specific circumstances.


B.   Federal-State Interaction2ï¿½:

Pursuant to regulations adopted by the Office of Ocean and Coastal Resource
Management (OCRM) under the Federal Coastal Zone Management Act (CZMA),
applicants for ACOE Section 404 and Section 10 permits must include in their
application a certification of consistency with the California Coastal Management
Program21. This certification, and accompanying data and analysis, must also be
submitted to the California Coastal Commission (CCC) for review and concurrence. The
ACOE may not issue their permit until the CCC reviews and concurs with the
applicant's consistency certification. This requirement is in addition to any other
r.equirements the CCC has for coastal development permit applications.

Pursuant to the Fish and Wildlife Coordination Act, the ACOE must also give full
consideration to comments submitted by the DFG. As the principal State resources trust
agency, the DFG is obligated to comment on ACOE permit decisions in order to ensure
protection of the State's natural resources. In this capacity, the DFG has drawn on the
policy direction of the California Coastal Act, the California Endangered Species Act,
the California Environmental Quality Act, and other relevant State laws. The DFG also
consistently relies on the policy direction of California's Wetlands Conservation Policy
(1993), which calls for no net loss of wetlands and a long-term net gain in the quantity,
quality, and permanence of wetland acreage and values.







19 For a more detailed discussion of the elevation process see Davis, M.L.- and R.C. Gardner. 1993.
  Recognizing the Corps' commitment. National Wetlands Newsletter. 15(2)9-10.
20 Information in this section is from the Statewide Interpretive Guidelines (CCC, 1981).
21 The consistency certification process must still be completed, even if the ACOE undertakes the work
  (e.g., maintenance dredging, or channel modification).


                                          51







C. State Regulatory Programs and Agencies:

Numerous State agencies regulate, manage, or otherwise control natural resources
within California through a wide variety of general and specific laws and directives,
which are carried out by resource departments, commissions, and boards (Dennis and
Marcus, 1984). Analyses completed in the early 1980's reviewed the effectiveness of 59
California State statutes in protecting wetlands and other water related lands, and
concluded the State has limited direct authority over wetlands except in three
geographic areas: the coastal zone, San Francisco Bay, and Suisun Marsh (Jones, 1981;
Shute and Mihaly, 1982). Thus, although the coast is relatively well protected, inland
California is not.

The California Environmental Quality Act (CEQA) sets the State's basic charter for
environmental protection. Among other policies, CEQA aims to minimize or eliminate
the environmental impacts from development projects. Specific wetland areas are listed
as having regional or statewide significance (e.g., Suisun Marsh, Sacramento-San
Joaquin Delta, and wild and scenic rivers), and the resource in general (wetlands and
riparian lands) is defined as significant habitat.

The Keene-Nejedly California Wetlands Preservation Act (1976) is the only State
legislation besides the Coastal Act to define wetlands (Dennis and Marcus, 1984). The
act states there "is a need for an affirmative and sustained public policy and program
directed at their [wetlands] preservation, restoration, and enhancement, in order that
such wetlands shall continue in perpetuity". The act provided for acquisition of ten
important wetlands, using funds from several sources, and was intended to support
preparation of a statewide wetlands plan. However, acquisition funds were not
allocated in 1976 (Dennis and Marcus, 1984).

The California Wild and Scenic rivers Act (1972) provides for the preservation of certain
rivers, which possess extraordinary scenic, recreational, fishery, or wildlife values.
Designated rivers are preserved in their free-flowing state, together with their
immediate environments. All of the rivers currently included under this act occur in
the northern half of California. Preservation under this act provides additional
protection to the riparian areas adjacent to the rivers.

The Resources Agency functions as' an umbrella agency for the State's resource
departments, conservation boards, and commissions. The agency sets major resource
policy for the State and oversees programs of member departments such as the DFG.
With respect to wetlands, the Resources Agency is just beginning to implement
Governor Wilson's Statewide wetlands policy. This policy defines the State's goals and
objectives with regard to the preservation of remaining wetlands and set priorities and
guidelines for restoration.



                                         52








The State Regional Water Quality Control Boards are a regulatory body within the
newly formed California Environmental Protection Agency. The regional boards'
primary role is to enforce the federal Clean Water Act, and in doing so, assert
regulatory authority over development activities affecting the water quality of
navigable water and wetlands. Under Section 401(a)(1) of the Clean Water Act:

     Any applicant for a Federal license or permit to conduct any activity...which may result in
      any discharge into the navigable waters, shall provide the licensing or permitting agency a
      certification from the State... that any such discharge will comply with the applicable
     provisions of Sections 301, 302, 303, 306, and 307 of this Act.

In turn, California Code of Regulations Section 3831(k) defines the State certification
required under Section 401 as:

      'Water Quality Certification' means a certification that there is a reasonable assurance
      that an activity which may result in a discharge to navigable waters of the United States
      will not violate water quality standards, where the activity requires a federal license or
     permit.

Water quality standards are specified in federal regulation (40 CFR 131.6 et seq.) to
include: 1) a State's numeric and narrative water quality criteria (objectives); 2)
designated beneficial uses; and 3) anti-degradation policy. The anti-degradation policy
requires, in part, the maintenance and protection of existing instream water uses
including the level of water quality necessary to protect the existing uses. Through the
Clean Water Act Section 404(b)(1) guidelines, the United States EPA interprets the anti-
degradation policy to be satisfied with regards to fills in wetlands if the discharge did
not result in "significant degradation" to the aquatic ecosystems.

In practice, the regional boards have applied their authority over water quality
standards to all waters of the State, including wetlands. Discharge to wetlands and
riparian wetlands may violate water quality objectives (e.g., turbidity, temperature, or
salinity); impair beneficial uses (e.g., groundwater recharge, recreation, wildlife habitat,
fish migration, and shellfish harvesting); and conflict with the anti-degradation policy.

The California Department of Fish and Game has Statewide resource responsibilities
and authority that directly and indirectly influence projects and activities in coastal
zone wetlands. In addition to being responsible for the maintenance and protection of
California's fish and wildlife, the DFG has authorities under California's Public
Resources Code, and the federal Fish and Wildlife Coordination Act to regulate or
comment on activities in wetland and riparian areas. The DFG also assumes primary
responsibility for implementation of the California State Endangered Species Act, and
the Streambed Alteration Agreement (Fish and Game Code Sections 1601-1603). This
agreement is one of the State's few direct legal instruments for the protection of


                                          53







* streams, rivers, and lakes. Additionally, as mentioned previously, the DFG is a primary
 consultant to the CCC regarding the affects of coastal development on wetlands and
 other natural resources. The DFG also comments directly to the ACOE concerning fish
 and wildlife aspects of Section 10 and Section 404 permits. DFG's official position
 regarding the protection of wetlands is that development projects should not result in a
 net loss of either wetland acreage or wetland habitat value (DFG, 1987).

 The California State Coastal Conservancy (SCC) is another State agency actively
 involved in the protection and enhancement of coastal wetlands, although the agency
 has no regulatory function. The SCC was created by the legislature in 1976 to protect,
 restore, and enhance California's coastal resources. A primary purpose of the SCC is to
 resolve coastal land use conflicts not amenable to regulatory solutions, in order to
 protect coastal resources and expedite environmentally sound development. The SCC
 functions to address these conflicts with solutions unavailable to other State agencies
 because of their regulatory responsibilities, or because of limitations in funding,
 jurisdiction, or function.

 The SCC accomplishes its purpose through various programs, including:

 * Provision of technical assistance and guidance to nonprofit organizations

 * Purchase and restoration of Wietlands, sand. dunes, and other important natural
     lands

 * Revitalization of the State's urban waterfronts

 * Preservation of prime agricultural lands

  *  Funding construction of beach access ways and trails, and retiring antiquated
     subdivisions within the coastal zone and San Francisco Bay

 During the last 16 years, the SCC has given over $40 million to 77 nonprofit
 organizations to acquire and restore key wetland, open space and agricultural lands
 along the coast. In addition, about one-third of all SCC funds ($60 million) have gone to
 fund resource enhancement projects. With these fund, the SCC, in partnership with
 local governments and nonprofit organizations, has completed 91 resource
 enhancement plans, 60 wetland enhancement projects (at least one in every coastal
 county), and protected 24,000 acres of wildlife habitat, most of which are wetlands.

 The California Coastal Commission is charged with the regulation of development in
 California's coastal zone as stipulated in the California Coastal Act. Sections 30230,




                                          54








30231, 30233, 30236, and 30240 of the Coastal Act are directly applicable to the
preservation and protection of wetlands and other environmentally sensitive areas22.

Development23 or alteration of California's coastal wetlands is primarily regulated by
Section 30233(a) of the Coastal Act, which states:

      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 feasible24 less environmentally damaging alternative, and where feasible mitigation
     measures have been provided to minimize adverse environmental effects, and shall be
     limited to the following:

      (1) New or expanded port, energy, and coastal-dependent industrial facilities, including
          commercial fishing facilities.

      (2) Maintaining existing, or restoring previously dredged depths in existing navigational
          channels, turning basins, vessel berthing and mooring areas, and boat launching
          ramps.

     (3) In wetland areas only, entrance channels for new or expanded boating facilities; and in
          a degraded wetland, 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


22 Section 30107.5 of the Coastal Act defines an environmentally sensitive area as "any area in which
  plant or animal life or their habitats are either rare or especially valuable because of their special
  nature or role in an ecosystem, and which could be easily disturbed or degraded by human activities
   and developments".
23 According to Section 30106 of the Coastal Act" 'Development' means, on land, in or under water, the
   placement or erection of any solid material or structure; discharge or disposal of any dredged material
   or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction
   of any materials; change in the density or intensity of use of land, including, but not limited to,
  subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government
  Code), and any other division of land, including lot splits, except where the land division is brought
  about in connection with the purchase of such land by a public agency for public recreational use;
  change in the intensity of use of water, or of access thereto: construction, reconstruction, demolition, or
  alteration of the size of any structure, including any facility of any private, public, or municipal utility;
  and the removal or harvesting of major vegetation other than for agricultural purposes, kelp
  harvesting, and timber operations which are in accordance with a timber harvesting plan submitted
  pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section
  4511)."
24 Feasible is defined in Section 30108 of the Coastal Act to mean "capable of being accomplished in a
  successful manner within a reasonable period of time, taking into account economic, environmental,
  social, and technological factors".


                                                55







         channels, and any necessary support service facilities, shall not exceed 25 percent of
         the degraded wetland.

     (4) 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.

     (5) 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.

     (6) Mineral extraction, including sand for restoring beaches, except in environmentally
         sensitive areas.

     (7) Restoration purposes.

     (8) Nature study, aquaculture, or similar resource dependent activities.

Among other things, Section 30233(a) lists the types of development for which diking,
filling, or dredging may be permitted in .open coastal waters, wetlands, estuaries, and
lakes occurring in the coastal zone. This section also stipulates the criteria under which
development  is permitted  (i.e., least environmentally  damaging  alternative and
existence of feasible mitigation measures). Although permits under this section of the
Coastal Act can have numerous outcomes, a review of the CCC permits relating to
Section 30233 shows several clear trends (Table 2). Of the 106 permits processed
Statewide between 1973 and 1986, 71 (67%) were for the deposition of fill material, 58
permits (55%) were for dredging activity, and 5 permits (5%) were for diking. (Some
permits included both dredge and fill activities.) Eighty-three (78%) of the 106 permits
were for new development or maintenance of existing development, while 26 (25%)
were for restoration projects. Forty-nine (46%) permits included mitigation
requirements. Ninety-eight (92%) of the permits were approved.

Mitigating for wetland losses is frequently required in conjunction with coastal
development permits granted under Section 30233. Most commonly, these projects
involve compensatory mitigation. Both in-kind mitigation and out-of-kind mitigation
are used. Coastal Act Section 30607.1 contains some of the most explicit language
regarding mitigation for wetland development projects, and states in part:









                                          56











                                                        Table 2


       SUMMARY OF CALIFORNIA COASTAL COMMIISSION PERMIT ACTIVITY

                              RELATING TO SECTION 30233, 1973-198625


                   Yew  Tofal    ~~~~~~~~~~~~~~~~~~~~~Nqieum  unbe  Niaeof    Nu1ea  uhrf Number of    Number of~    Number
        Numberal ofFemi 6tr   Friaor            Fai fr            ri         Permitas     Develor      Restoration    Requiring
         PmFs        Dftdin         Dikin      F M.            Aprvied:   Denied   1Maint. proj.        Poet         Mtgto


  1973        2       0              0            2 (100%)      1 (,50%)26  1 (50%)        2(100%)      0             0


 1974        3       2(66%)         0            1(33%)        3 (100%)     0             3 (100%)     0             0


  1975        2       0              0            2(100%)       2(100%)      0             2 (100%)   a               1 (50%)


 1976        4       3(75%)         1(25%)       1(25%)        3 (75%)      1 (25%)       4 (100%)     0             0


 1977        5       2(40%)         0            5(100%)       5 (100%)     0             4 (80%)      1(20%)       1(20%)


 1978        7       1(14%)         0            6(86%)        5 (71%)      2(29%)        7 (100%)     0             5 (71%)


 1979        8       6 (75%)        0            5 (63%)       8 (100%)     0             6 (75%)      3 (38%)       1(13%)


 1980       10       5 (50%)        0            7(0)         10 (100%)     0             8(80%)       4 (40%)       8 (80%)


 1981        7       6 (86%)        0            2 (29%)       6 (86%)      1 (14%)       4 (57%)      3(29%)        1 (14%)


 1982    is          7(39%)         1 (6%)      12 (67%)     17 (94%A)      1 (6%)      15 (83%)       3 (17%)       10 (56%)


 1983       18      12(67%)         2(11%)      14 (78%)     16 (89%)       2 (11%)     12 (67%)       6 (33%)       6 (33%)


 1984       11       8 (73%)        1 (9%)       7 (64%)      11 (100%)     0             8 (73%)      3 (27%)       7 (64%)


 1985        5       2 (40%)        0            3 (60%)       5 (100%)     0             3 (60%)      2 (40%)       3 (60%)


 1986        6       4 (66%)        0            4 (66%)       6 (100%)     0             5 (83%)      1 (17%)       6 (100%)


1973-      106  so8(55%)            5(50/0)     7 ( 67*/a)    98 (92%)    a 8(8%)       83(78%/)      2 ( 25%/)     49 (46%)
 1986




 25Based on information contained in: CCC 1988. Draft Wetlands Task Force Report, Appendix C.
2-6 Percentages are calculated as the proportion of the total number of permits occurring in a specific
   category.



                                                           57







     Where any dike and fill development is permitted in wetlands in conformity with Section
     30233 or other applicable policies set forth in this division, mitigation measures shall
     include, at a minimum, either acquisition of equivalent areas of equal or greater biological
     productivity or opening. up equivalent areas to tidal action; provided, however, that if no
     appropriate restoration site is available, an in-lieu fee sufficient to provide an area of
     equivalent productive value or surface areas shall be dedicated to an appropriate public
     agency or the replacement site shall be purchased before the dike or fill development may
     proceed...

One interpretation suggests Section 30607.1 sanctions acquisition of an existing wetland
as acceptable mitigation for an allowable wetland development project. However, such
an approach would lead to a net loss of wetland area. In practice, the CCC has
interpreted the phrase "at a minimum" to require inclusion of a restoration component
in any acquisition plan in order to avoid the net loss of wetland area.

The CCC works with the applicant to develop specific mitigation requirements with the
help of DFG, Coastal Conservancy, FWS, EPA, NMFS, and ACOE staff. Determining the
amount and type of mitigation required is a contentious and complex matter often
confounded by both a lack of applicable technical information and the regulatory
process. Although numerous mitigation projects have been approved by the CCC, there
is little information describing the success of these projects. This is a serious and chronic
problem attributable to a lack of specific performance standards necessary to gauge the
success of mitigation projects, and a lack of technical information and/or resources
needed to evaluate these projects.

Probably one of the more contentious issues under Section 30233 is the stringent review
of projects proposed in "degraded wetlands" (Section 30233(a.3)). With respect to
historic wetland losses along the southern California coast, one intent of the Coastal Act
is to halt the loss of wetlands and, where feasible, restore the resource (Dennis and
Marcus, 1984). The main points of contention usually focus on the wetland delineation
and the determination of what constitutes "degraded condition.

Section 30411 establishes the DFG as the lead agency charged with the study and
identification of degraded wetlands, and provides general guidelines for classifying a
wetland as degraded. However, the ecological complexity of wetlands and the lack of a
single definition limits the degree of certainty with which these determinations can be
made. The DFG has described its process for determining if a wetland is in fact
degraded (for example see, DFG, 1981). In essence, the DFG makes this determination
through an examination of the subject area to determine if the system has been
adversely impacted by previous alterations, resulting in a degraded condition when
compared to remaining unaltered areas or historic information. In addition, Coastal Act
Section 30411(b) states that any such study of a wetland shall include consideration of
all of the following:


                                          58








     (1) Amount and elevation offilled areas.

     (2) Number and location of dikes and other artificial impediments to tidal action and
         freshwaterflow and the ease of removing them to allow tidal action to resume.

     (3) Degree of topographic alterations to the wetland and associated areas.

     (4). Water quality.

     (5) Substrate quality.

     (6) Degree of encroachmentfrom adjacent urban land uses.

     (7) Comparison of historical environmental conditions with current conditions, including
          changes in both the physical and biological environment.

     (8) Consideration of current altered wetland conditions and their current contribution to
          coastal wetland wildlife resources with relation to potential restoration measures.

     (9) Chemical cycling capabilities of the wetland including water quality enhancement,
          nutrient accumulation, .nutrient recycling, etc.

As part of this identification process, the extent of any wetland on the site must be
identified with precision (CCC, 1981).

Section 30233(c) of the Coastal Act further limits development and  alteration of
wetlands throughout the coastal zone, stating:

     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 1927 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.

     For the purposes of this section, "commercial fishing facilities in Bodega Bay" means that
     not less than 80 percent of all boatingfacilities proposed to be developed or improved, where
     such improvement would create additional berths in Bodega Bay, shall be designed and
     used for commercial fishing activities.

27 See the Statewide Interpretive Guidelines (CCC, 1981) For a complete list of these 19 wetlands.


                                              59







Numerous coastal wetlands (e.g., riparian areas) are considered environmentally
sensitive habitat areas because they provide critical habitat to threatened or endangered
species, or because of their uniqueness relative to the surrounding landscape. Thus,
Section 30240 provides additional regulatory oversight of wetlands in certain situations.
Section 30240 states:

     a) Environmentally sensitive habitat areas shall be protected against any significant
        disruption of habitat values, and only uses dependent on those resources shall be
        allowed within those areas.

     b) Development in areas adjacent to environmentally sensitive habitat areas and parks
        and recreation areas shall be sited and designed to prevent impacts which would
        significantly degrade those areas, and shall be compatible with the continuance of those
        habitat recreation areas.

Ports and port-related develop also have the potential of affecting coastal wetlands28.
Development within those portions of Ports Hueneme, Long Beach, Los Angeles, and
San Diego Unified Port District lying within the coastal zone is generally governed by
the provisions contained in Chapter 8 of the Coastal Act. However, wetlands and
.estuaries that have been identified on the CCC's Port Jurisdiction Maps (adopted by the
Commission on April 6, 1977 pursuant to Section 30710) are not governed by the
provisions of Chapter 8, but instead are subject to Chapter 3 policies of the Coastal Act
(Coastal Act Section 30700).

Chapter 8 provisions apply to all "water areas" (a termed used only in this chapter)
regardless of whether such area is considered wetland, estuary, or open coastal water.
The diking, filling, or dredging of any water area within the defined areas of these ports
is limited by Section 30705, 30706, and 30708 of the Coastal Act. The diking, filling or
dredging of any wetland or estuary occurring in any port, harbor district or authority
not named in Chapter 8 (e.g., Humbolt Bay Harbor, Recreation and Conservation
Districts, or Moss Landing Harbor District) is subject to Chapter 3 provisions of the
Coastal Act.

Section 30236 of the Coastal Act regulates development in aquatic regions such as rivers
and streams. These sections address specific types of development such as channel
alteration, dams, and flood control projects, which could impact riparian areas or tidal
marshlands.

Finally, the CCC has adopted the Statewide Interpretive Guidelines for Wetlands and Other
Wet Environmentally Sensitive Habitat Areas (CCC, 1981; Appendix A). These guidelines

28 Information relating to ports and port activities is taken from Section IV(E) of the Statewide Interpretive
  Guidelines (CCC, 1981).

                                           60








were developed to assist the CCC, local government, and the public in the application
of the Coastal Act and certification of local coastal plans. These guidelines contain
technical definitions for wetlands and riparian areas, discuss conditions for permitting
development in these areas, and provide information pertaining to the maintenance and
restoration of wetlands.


D. Local Government Regulatory Programs and Agencies:

The California Coastal Act is designed to delegate local governments with much of the
CCC's authority over control of coastal development. Section 30004(a) of the Coastal
Act states:

     To achieve maximum  responsiveness to local conditions, accountability, and public
     accessibility, it is necessary to rely heavily on local government and local land use
     planning procedures and enforcement.

To meet the objectives of Section 30004(a), the Coastal Act directs each of the 73 cities
and counties lying wholly or partly within the coastal zone to prepare a Local Coastal
Plan (LCP) for CCC review and certification29. With a certified LCP, each local
government assumes authority for permitting certain types of development in specified
areas of the coastal zone. It is important to note, however, that even after LCP
certification, the CCC continues to have a major role in regulating wetland
development. Specifically, Coastal Act Section 30519(b) states in part:

     Subdivision (a) [that is, delegation of development review authority to a local
     government] shall not apply to any development proposed or undertaken on any
     tidelands, submerged lands, or on public trust lands, whether filled or unfilled, lying
     within the coastal zone,...

Thus, the CCC retains regulatory authority over virtually all of the wetlands in the
coastal zone either through its original jurisdiction, or through the appeal process30.

LCP's provide for the regulation of wetland development in one of two principal ways:
1) through the adoption of Coastal Act Section 30233 (with or without some
modification); or 2) by identifying wetlands as environmentally sensitive areas and then

29 The Coastal Act allows local governments, with CCC approval, to divide their coastal zone into
   geographic segments, and to prepare a separate LCP for each segment For this reason, there are
  currently 126 LCP segments, instead of 73 (the actual number of coastal zone cities and counties). To
   date, 80 total LCP segments (64 percent) have been effectively certified and the relevant local
  governments are now issuing coastal development permits.
30 With regard to projects affecting wetlands, Coastal Act Section 30603(a)(2) limits the appeal of an
  action taken by a local government on a coastal development permit application to "developments...
   that are located within.100 feet of any wetland, estuary, or stream..."


                                            61








adopting Coastal Act Section 30240 (with or without some modification). Of the 67
LCP's with policies regulating development in wetlands, 37 (55 percent) use Section
30233 and 27 (40 percent) use Section 30240. The remaining three LCP's (5 percent)
regulate wetland development through the creation of new policies.

The way in which LCP's regulate wetland development is somewhat influenced by the
distribution of wetlands throughout the California coastal zone. Wetlands are relatively
more numerous and diverse in the northern half of the State (North Coast and Central
Coast regions, Figure 6); thus, the overall approach to wetland regulation is somewhat
more dependent on development activity. LCP's from these regions contain policies
that generally regulate development in wetlands and are applied as wetland
development projects occur. In contrast, wetlands are relatively scarce in the southern
half of the State (South Central Coast, South Coast, and San Diego Coast, Figure 6), and
so each one is considered vitally important. Thus, many of the LCP's specifically
identify the wetlands within the respective jurisdiction and contain specific regulations
for development.

Some general trends in the type of wetlands regulated also exist among the LCP's. All
of the LCP's contain some discussion of wetlands ranging from a single statement that
wetlands do not occur within the jurisdiction, to an elaborate discussion of the types
and characteristics of the wetlands found within the jurisdiction. Overall, riparian areas
were most often included as a specific type of wetland, with 41 (61%) of the 67 LCP's
identifying this habitat as a type of wetland. Additionally, it was not uncommon for the
LCP's to identify specific areas (mainly river and stream corridors) as riparian areas.

Of the 80 LCP's effectively certified Statewide, only 13 (16%) have no policies explicitly
limiting development in wetlands. In all cases, this is because wetlands were known
not to occur, or have not been identified within the jurisdictional boundaries. Of these
13 LCP's, two occur in the north coast region, one occurs in the central coast region, two
occur in the south central coast region, seven occur in the south coast region, and one
occurs in the San Diego coast region (Figure 6).














                                         62














FIGURE 6


                                                                                       The Resources Ace=CY
                                                                               California Coastal Commission
                                   ...................... ........  ........ ..
                                                                               Local Coastal Progr am
                                                                              LCP Certification Status

                                                       0  a                           ~~~~~~~~~As  of July  1I  1 993
NORTH COAST            W                                                                                          d~
                     U Crescent City                                          .*    ~~~~~~~~~~~~~~County LUP Effectively Certified

  9Trinidad                      Al   N                                   ~o County LCP/LUP
   Arecta                .               .               . ........                   Effectively Certified
   Eurekaj                                               I3 Cily LCP Effectively Certified
                      Flart~~~~~~                                                        ~~~~~~~~~~~~~ City LUP Effectively Certified
                      Point~~~~~~~~~~~~~~~~~~ ArH o LCP/LUP Effectively Certified





                cSKMAL  C OAST~~~~~~~~~~~~~~~   ... .......                        ..                           3M'
                                                                              1%V -MO A*    W       -    .     a  .e 
r. PUGHrc
IN Hall MoanBa

     S  apitala              ~        h
    a Watsonvili                                    a.l4eo




       Q Pacific Grove

      2 Morro say.........
       *PTsmaBec
        *Graver BahSnLsOip

  sooTHw CS'NTRAL COASTSat                                                          rar
   *Guadalupe                                     .                           etr
     Santa Barbara
  Z Carpinteria    1F                                                   - 
                       a Son Buenaeventu                                                   La nee
                       2 OxnardLoAnle
                       a Port iHuemneme                   -fM.... ......
  sOUTH  COAST     a      Maliki
 a Los AngelesS.O
 ro Santa Monica           -. Sa                                         Beac
 0 El Segundo              .SaBec
        9 Manhattn Beach  *Huntington ceach ......
           HermasaBeach   ~  Costa Mesa
          Hermoa Sao'    QNewport Beach         h12~
   *Redondo Beach          UIvn                     casd

   *Palos Verdes Estates 2 Laguna Beach           CCrsbd
   *Rancho Palos Verdes   Laguna  Ciue           3 Encinitas      e.... ..
 ï¿½ Long Beach        a       Done Point        C solaria Beach 
 ï¿½ Avalon             -      o    lmnt  e a
                                               a Son Diego
                                               9 Coronado
                                                  *Ntional City
   (2)2 of A LCP Segm~ents Effectively Certified  anhu   Vista
   44 of 7 LCP Segrrents Effectively Certified   0 impernd  Beach










                                                   *         ~~63








IV. EXISTING MANAGEMENT PRACTICES:


A. Management of Federal Lands in California:

Approximately 45% of California's land (46.5 million acres) is managed by federal
agencies (Dennis and Marcus, 1984). The majority of these lands are managed by the
Forest Service (46 %, 21. 4 million acres) and the Bureau of Land Management (37%, 17.2
million acres), but the defense departments also manage substantial acreage, many
containing small but significant wetlands. In addition, the National Park Service
manages park lands, and the FWS maintains National Wildlife Refuges. Both of these
lands can contain substantial wetland areas.

The federal government's management and control of California's wetlands is
substantial, given the significant amount of land under federal ownership. Federal
lands are used for the extraction and production of minerals, oil, gas, and timber, and
for grazing, industrial activities, living quarters, military training, water storage, parks,
and wilderness areas. Various statutes, orders, and regulations such as President
Bush's Wetlands Protection Executive Order (E.O. 11990), the National Environmental
Policy Act, the Federal Land and Management Act, and the Forest Management Act
give some assurance that sensitive resources, such as wetlands, occurring on federal
lands will receive appropriate protection. However, the federal land management
agencies can exercise considerable discretion in their management practices, since the
statutes and other 'rules provide little specific guidance (Dennis and Marcus, 1984).
Outside scrutiny by private interest groups, local government, and State resource
agencies provide another check of federal activities.


B. Management of State Owned Lands in California:

Approximately two percent (1.95 million acres) of California's land is in State
ownership (Fay, et al., 1990). Nearly 66 percent of the State owned lands are
administered by the California Department of Parks (Fay, et al., 1990), but other State
agencies such as the Department of Fish and Game, the Department of Forestry, the
Coastal Conservancy, and State universities and colleges hold title to lands with sub-
stantial wetlands. Overall, the State's land holdings are significantly smaller than those
of the federal government, but the vast majority of the State lands are owned by
agencies focusing on conservation and preservation. The California Environmental
Quality Act governs the State's development activities on its lands. Additionally, State
owned lands in the coastal zone are subject to regulation under the Coastal Act.

The State of California also owns nearly 4 million acres of sovereign lands.- These lands
underlie the State's navigable and .tidal waterways and include the beds of:



                                        64.








1) hundreds of tidal and non-tidal rivers, streams, and sloughs; 2) nearly 100 non-tidal
navigable lakes; 3) the tidal navigable bays and lagoons; and 4) intertidal and subtidal
lands adjacent to the entire coast and offshore islands of the State from the mean high
tide line to. three miles offshore. Thus, many of these State-owned sovereign lands are
adjacent to or include wetland areas. Depending on their location, sovereign lands are
managed by the California State Lands Commission and other State and local agencies
as public trust resources.

C. Management of Individual Wetlands:

Numerous individual wetlands within California are managed by various public
agencies as a way to ensure their preservation. Such "managed wetlands" often include
both modified and unmodified areas, and range in size from tens to thousands of acres.
Two examples of such wetlands in the California coastal zone are the National
Estuarine Research Reserves of Elkhorn Slough and the Tijuana River Estuary.

The overall goal of these-management activities is to preserve, restore, and enhance one
or more of the functions and values attributable to wetlands. Such functions and values
include retention of flood waters, detoxification of receiving waters, recreation,
research, and provision of critical habitat. Typically, a management plan31 serves to
guide the direction and implementation of the activities essential for obtaining the
overall goal.


D. Wetland Management Goals and Concerns:

The primary goal of resource and regulatory agencies is to preserve the remaining
wetland acreage (i.e., maintain a 'no net loss policy'). A secondary, but equally
important goal is to restore lost and disturbed wetland landscapes. Thus, in addition to
the preservation and protection of existing coastal wetlands, resource and regulatory
agencies must strive to increase total wetland acreage through restoration, and improve
the chemical, physical, and biological quality of degraded wetlands.

Although these goals are easily stated, they are not easily achieved. The high
population densities in the California coastal zone, particularly along the south coast
and San Francisco Bay, continue to exert pressure for further urban and industrial
development in wetland areas. Meanwhile agricultural activities (historically the
leading cause of wetland loss in California) continue with limited regulation. Changes

31 Management plans vary greatly in both format and. content; however, a useful guide for the
  development of wetland management plans has been produced by the Lane Council of Governments
  (1992). Hints on Preparing a Comprehensive Wetland Management Plan. Pages 21-29 in The Association of
  State Wetland Managers. Background Report Symposium Wetlands and Watershed (Water Resources)
  Management. May 10-12, 1993. Sparks, Nevada.


                                          65







in permitting procedures have also yielded results counter to the no net loss policy. For
example, ACOE Nationwide Permit Number 26 (NWP 26) authorizes the discharge of
dredge or fill material into headwaters and isolated waters of the United States in
certain situations. Projects seeking authorization under INTWP 26 receive considerably
less scrutiny and evaluation through the associated ACOE process. An analysis of
ACOE permits granted in California between 1987 and 1992 found that 775 projects
were authorized under NWP 26, resulting in a loss of at least 725 acres of wetlands in.
the northern two-thirds of the State (Long, et al., 1992). Clearly, NWP 26 permitting is
having a negative impact on wetlands in California.

Thus, the inevitable conflicts between preservation goals for enviromnmental resources
and development activities present a major challenge to resource and regulatory
agencies. Other important considerations include the multitude of agencies involved in
wetlands regulation and the conflicting and confusing definitions and classification
procedures. These process concerns combined with the paucity of substantive technical
information are critical management concerns.


V. SUMMARY:

The regulations, policies, and processes guiding the management and protection of
California's coastal wetlands are numerous, and complex. Although specific regulations
controlling development in wetlands exist at all levels of government, there is evidence
to suggest the goal of no-net-loss of wetlands has not been achieved. The ability to
protect existing wetlands is also hampered by inconsistencies among regulatory
agencies and gaps in existing regulations. The lack of a single, clear, and broadly
instituted definition for a wetland is a major inconsistency among regulatory agencies,
which can act to compound regulatory problems. Meanwhile, certain types of
wetlands, such as riparian areas and seasonal wetlands, do not receive equal protection
at all levels of government because of differences in adopted definitions, agency
imposed limitations of adopted definitions, and jurisdictional limitations. Additionally,
several activities resulting in the loss of wetlands such as draining, vegetation removal,
and agriculture are not regulated to the same degree as dredging, filling, and diking.

Of the wetland development projects that are permitted, many involve some form of
mitigation. Although mitigation can be a viable alternative, establishment of the specific
requirements is generally on a case-by-case basis and often involves a complex and time
intensive process. This approach is incompatible with attempts by regulatory agencies
to implement consistent mitigation policies and requirements.

In many cases the level of protection a wetland receives is a function of both ownership
and land use. Although much of California is held in public (i.e., federal, State, or local
government) ownership, many wetlands of significant size are under private


                                         66








ownership. The level of wetland protection can be lower on private lands, although
public ownership does not necessarily guarantee appropriate protection. Meanwhile,
land use patterns can have direct and indirect affects on wetlands: urban and
agricultural development in a wetland are obvious direct affects, while development
outside the wetland but within the same watershed can indirectly affect wetlands
through alteration of physical and chemical processes. On a larger scale, regional,
Statewide, and. (in the case of Canada) international land use patterns can affect coastal
wetlands through, for example, changes in air quality, hydrology, and the abundance of
birds and fish.

It is clear that the management and protection of wetland resources involves numerous
complex issues. Although we have come a long way in our knowledge and protection
of Califotnia's coastal wetland resources, much work still remains.



































                                        67








CHAPTER FOUR



             PRIORITY WETLAND RESOURCE CONCERNS:
       A REVIEW OF RELEVANT TECHNICAL INFORMATION



I. INTRODUCTION:

Wetlands are a significant natural resource within the United States. Only since the late
1960's, however, have wetlands engaged the attention of individuals from a range of
disciplines who endeavor to -understand their variety and complexity (Williams, 1991).
Recent but intense interest in wetlands is due largely to their nature and our changing
perceptions of them. We have come to understand how important wetlands are to the
existence of numerous plants and animals, as well as the many functions they perform
that are important to our quality of life and very existence. Indeed, the scarcity,
complexity, and intrinsic value of wetlands has engendered substantial concern and
sustained interest.

This chapter presents a review of'scientific and technical information relevant to
understanding the priority wetland resource concerns for California. Three features of
wetlands are discussed: 1) ecology; 2) functions and values; and (3) sources of impacts.
A basic understanding of each feature is essential for the intelligent management of this
valuable resource. This chapter focuses on those types of wetlands occurring in the
California coastal zone. It is not intended to present an exhaustive review, but rather to
give the reader a basic level of understanding and a sense of the information available.
The subjects covered here are complex and the information base is rapidly expanding.
The reader is encouraged to consult the referenced literature for additional information.


II. THE ECOLOGY OF WETLANDS IN BRIEF:

Wetlands are a transitional landscape occurring within a continuum that begins in
aquatic habitats and ends in dry upland habitats. Because of their intermediate location,
wetlands contain-characteristics of both aquatic and terrestrial environments: they are
an ecotone. Thus, a variety of physicochemical processes such as topography,
hydrology, sediment dynamics, and water chemistry interact to form the environment
that largely determines the flora and fauna found within a wetland. Additionally,
biological interactions continually act to further shape the wetland community. In this
section some of the major physical. -(topography and hydrology), chemical (water


                                        68







quality), and biological components affecting the ecology of California's coastal
wetlands are described.


A. Topography:

On a geological time scale California's coastal wetlands are relatively recent landscape
features resulting from the complex interaction of geological processes and changes in
sea level (Bloom, 1983ab). These geological processes, driven by plate tectonics,
resulted in a coastline characterized by a sharp, steeply inclined coast of uplifted marine
terraces into which narrow river valleys were cut during the Pleistocene glacial epoch
(Bloom, 1983a,b). Coastal wetlands were created during the last 15,000 years when the
rapid rise in sea level and the end of the last ice age inundated coastal river valleys
resulting in the formation of bays, estuaries, lagoons, and salt marshes32 (Bloom,
1983a,b; Orme, 1991). As a result, the majority of California's coastal wetlands are
geographically isolated landscape features and relatively small when compared to the
extensive wetlands present in other parts of the United States (NOAA, 1990).

California, however, does have the most extensive wetlands of any west coast state
excluding Alaska (NOAA, 1990). Its 110 major coastal wetlands (see Figure 7) represent
a diversity of habitat types, ranging from the generally undeveloped estuaries and
marshes that border tidal-flushed river mouths in the north, to the highly urbanized
saline lagoons, embayments, and salt marshes in the kouth. This diversity of wetlands is
principally due to California's position at the edge of a dynamic continental land mass,
where sea level and land elevation are in flux.

Coastal wetlands in the northern region of the State (Del Norte and Humboldt counties)
are of four general types: 1) riparian areas surrounding rivers, streams, and other water
bodies; 2) relatively isolated fresh- and brackish-water lagoons; 3) estuarine river
mouths; and 4) protected bays or coves with little estuarine area. Wetlands in this
region have been subjected to relatively little human development, which can have
significant impacts on the topography of this landscape.

Some of the State's largest wetlands occur in the central region of California, which
extends from Cape Mendocino to Point Conception. Excluding the San Francisco



32 For a more detailed discussion of the historical processes that formed California's coastal wetlands, the
  reader is encouraged to review: Josselyn, M. 1983. The ecology of San Francisco Bay tidal marshes: a
  community profile. U.S. Fish and Wildlife Service, Division of Biological Services, Washington, D.C.
  FWS/OBS-83/23. 102 pp.; and Zedler, J.B., C.S. Nordby, and B.E. Kus. 1992. The ecology of the Tijuana
  Estuary, California: a national. estuarine research reserve. NOAA Office of Coastal Resource Management,
  Sanctuaries and Reserves Division, Washington D.C.; and references cited within.

                                           69















FIGURE 7- Map of Major California Coastal Wetlands









            L~k F-rl  Lak* ~ia~sDEL NORTEI




             .-trea.*           SayHUMBOLDT


         'rem Mile ie-.        ..
         Silta Rirut
         6.Arria River                            YIEN-DOCINO
         saIegi Bay                                                      K
         Eig1ter Ameia-Vsa
         Elfe." de Ssaw 411
                   'Tonvalef           saySONOMA
         Petalumia Rio-er

         Bedinai Lap;o"
                    Saw Francis= aaSAN  FRANCISCO
         PesceadgmJfrn ite
          Wsnitsoma-e  Slosf-               A         N          MA E
         &*hor" -1lf                                       SANTA  CRUZ

                                                          MONTEREY~


  Mfajor California                                                      SAN LLIS OBISPO

  Coastal WedalndS    0.-. Ltio,
                                  Santa Yeuz JRiw                          SANTA  BARBARA.
                                  soucie SI.. 1h
                                  'CJEstevsI CarpsiuiasVNTR
                                  S."'fa CuE Riter                                         LOS  ANGELES


                                         Lal, BadayEsur

                                               Lpw Swo  ay                       DIEG


                                                 Sant MaTaije ..qc..n
                                                 Sage V~ista LaoIn
                                                 sags Pt adsq    Lifson'
                                                 San 516L.eeI.

                                                 Tiju.anaEsur









 Source: Dennis & Marcus, 1984.




                                                       70







Estuary, many of the wetlands in this region have been subjected to limited human
disturbance (with some notable exceptions). Numerous small coastal wetlands, usually
at the terminus of coastal streams exist in this region. Freshwater lakes also exist in the
coastal zone of several central California counties. Mendocino County contains
California's only coastal fen a relict of the ice age. Vernal pools exist in the coastal
terraces of Monterey, San Luis Obispo and Santa Barbara Counties.

The San Francisco Estuary, which includes the San Francisco Bay, the Suisun Marsh,
and the Sacramento-San Joaquin Delta, is the largest estuary on the west coast of North
and South Anierica (Meiorin, et. al., 1991). Wetlands and related habitats comprise
some of the most valuable natural resources of this estuary, but also some of the most
adversely affected natural resources. A recent comprehensive study found that only
19% (~-44,400 acres) of the original tidal marshes remain in this estuary (Meiorin, et. al.,
1991)33.

At one time, extensive wetland areas occurred in Southern California (Point Conception
to Mexico), but only 25% of the total (-13,100 acres) is thought to remain (Septh,
1969a,b). The remaining wetlands are relatively small and discrete, confined by narrow
river valleys, and separated by coastal hills and mountains (Zedler, 1982) (Figure 8).
Most commonly, wetlands in this region occur along the fringe of bays, as lagoons, river
mouth marshes, and salt marshes. Generally, the marshes occur on intertidal slopes or
the tops of creek banks that quickly grade from mean sea level to extreme high water
(Zedler, 1982). Many of the wetlands in Southern California exist under very disturbed
conditions often surrounded by extensive urban development (Zedler, 1982). The
primary value of southern California's coastal wetlands is habitat and its role in
maintaining biodiversity (Zedler, 1991)

For California then, large scale evolutionary processes have acted to produce a highly
variable coastal zone with numerous relatively isolated and unique wetland landscapes.
Humans have also significantly impacted these wetlands resulting in further alterations
of the topography as well as the overall ecology.


B. Hydrology:

The hydrology of coastal wetlands is made complex by their location at the interface
between terrestrial and marine environments (Orme, 1991). Tides, waves, currents, river
discharge, and ground-water seepage are all important, but temporally and spatially
variable components of coastal wetland hydrology (Orme, 1991). Yet even



33 The reader is encouraged to review the cited literature for additional information on the San Francisco
  Estuary.

                                          71








.' salinity, water salinity has a direct affect on the distribution and abundance of wetland
vegetation (Mall, 1969). In southern California where hypersaline soils occur, wetland
flora is limited and highly stressed: up to 17 species of halophytes (mostly succulents)
are common, and all respond to decreased salinity by becoming taller and more dense
(Zedler, 1982). Patterns in primarv productivity also show strong correlation with soil
salinity (Zedler, 1982). Although the suite of plant species differs among California's
coastal wetlands, there is little doubt that salinity is a major limiting factor to vascular
plant growth (Josselyn, 1983; Zedler, 1982).

Water turbidity is another water quality constituent that directly affects wetland
ecology. Turbidity is caused by the suspension of inorganic sediments and particulate
organic matter (POM) derived from sources inside (autochthonous) or outside
(allochthonous) the wetland. Autochthonous materials are generated biogenically or
chemically, originating either from the accumulation of plant and animal detritus or
from the in situ precipitation of evaporate deposits from brines (Orme, 1991). In coastal
wetlands, tide and wind resuspension of accumulated sediments are also major causes
of turbidity (Orme, 1991) Allochthonous materials arrive via wind, or in suspension
with freshwater inflows and tidal waters (Orme, 1991). In California, freshwater inflows
can be a major source of suspended material, but are spatially and temporally variable
because of the geographical and seasonal variability in precipitation.

Although turbidity directly affects both wetland plants and animals, the impact is
mainly confined to the subtidal portion of wetlands. For plants, turbidity affects light
penetration, and thus is one factor controlling the lower limit of plant establishment and
overall production (osselyn, 1983). In the intertidal zone, however, turbidity is
probably not limiting to plant establishment and growth because these areas are
exposed a portion of each day. In the intertidal zone, other factors such as plant
shading, desiccation, and temperature increase in importance (Zedler, et al., 1992). For
animals, turbidity impacts the effectiveness of visual predators, such as birds and
mammals, and the feeding ability of benthic filter feeding organisms (Dickert, et al.,
1978; Josselyn, 1983; Nichols and Pamatmat, 1988). Overall, turbidity has limited but
important impacts on the distribution of plants and the foraging of some animals.

Nutrients are also water quality constituents of critical importance to the existence of
wetland organisms. Nutrients are continually required by all living organisms for
growth and reproduction. Although a variety of nutrients are required by plants and
animals, most studies focus on the availability of inorganic nitrogen because this
constituent is considered most limiting to plants34. Plants, in turn, are the major source
of nutrients for animals.

34 More recently, this view has been challenged. For more information see Smith, S.V. 1984. Phosphorus
   versus nitrogen limitation in the marine environment. Limnol. Oceanogr. 29:1149-1159; and Howarth, R.W.
   and J.C. Cole. 1985. Molybdenum availability, nitrogen limitation, and phytoplankton growth in natural
   waters. Science 229:653-655.

                                           74







As with turbidity, both allochthonous and autochthonous sources of nutrients are
available to wetland organisms. The wetland landscape is an open system with an
ongoing exchange of materials among deepwater habitats, uplands, and the
atmosphere. The majority of California's coastal wetlands have connections with both
the ocean and. one or more sources of freshwater. Allochthonous nutrient sources
include freshwater inflows and tidal flows, while autochthonous sources include
nitroeen fixation, remineraliztion, and animal excretions (Nixon, 1980).

Nutrient dynamics within wetlands are very complex. Both nutrient availability and
requirements vary through time and space. Thus, few accurate generalizations
regarding nutrient patterns exist. It does appear that coastal wetlands vary in their
needs for. nitrogen. For example, results from Winfield's (1980) study of the Tijuana
Estuary indicate that while both nitrate and nitrite were exported from the estuary in
small amounts, overall there was a net import of inorganic nitrogen. Ammonium was
usually the most prevalent form of inorganic nitrogen found during the study, with
higher concentrations measured on a seasonal basis during the winter and spring, and
on a daily basis during flood tide. Thus, while it is clear that nutrients are important to
wetlands, much more information is needed (particularly for California's coastal
wetlands) before we fully understand the dynamic processes of nutrient sources and
sinks.

In summary, like topography and hydrology, water quality also has a direct role in the
ecology of wetlands. Evidence to date shows 'salinity is probably the most important
water quality constituent in coastal wetlands, although pollutants, turbidity, nutrients,
and a variety of other constituents can also be very important at certain times and
locations.


D. Biological Interactions:

The diversity and abundance of organisms in coastal wetlands is remarkable, given the
often extreme and variable conditions that can occur. Bacteria, protozoa, algae, vascular
plants, invertebrates, amphibians, fish, birds, and mammals can all be found within the
wetland, and together comprise the biotic community of the wetland. Many of these
organisms are completely dependent on the wetland for their existence, either spending
their entire lives in the wetland, or spending a critical portion of their life cycle in the
wetland. Still other species receive direct benefit from wetlands but are not dependent
upon wetlands for their existence.

The interactions among these organisms are obviously complex and numerous, but
basically occur in response to environmental tolerances and resource requirements. For
example, vascular plants show strong patterns of distribution within a wetland that are
related to their tolerance of specific environmental conditions, such as salinity, soil type,


                                         75
















FIGURE 8 -Location Map of Southern California Coastal Wetlands

                    and Major Rivers
























          POINT CONCEPTION                                                                        '<SANTA ANA RIVER






                                                 C   ~~~~~~~~~~~~~~~~SNTA MARGARITA

                                                           0  he  PALOSVE    LU~~~~~~~~~~(IS REY RIVEN



            I. J`IJUANA ESTIJARY
            2. 4WEEIWAFF.H14AIISH.
              PAIIAIIISECHEEK MAASIO.         1     4     , UPPER NEWPORT RAY                                        ANIEORIVER

            3. MISSION BAY MARS" IKENDALL FROST RESERVE).    HUNTINGTON BEACH MARSH.                                    TIJUANA ROVER

              SAN DIeG R iven MARSH                      17. ALAMITOSSBAY ILOS CERRITOS MARSH)
            4. LOS PEN=OUT0S LAGOON                      IS. IIALLONA WETLANDS (DEL REY LAGOON). 
            B. SAN DIEGUITO LAGOON                          SLOALGO.ADBL.N AS
            S. SAN ELLUG LAGOON             l      e      . MALIBU CREEK
            7. IIATIOUITOS LAGOON                        20. MUJGU LAGOON
            D. AGUA NEDINONA LAGOON                      2) MCGRATH LAKE----
            9. BUENA VISTA LAGOON                        22. SANTA CLARA ROVER
           IG. SAN ILUIS REY RIVER MARSH                 23. VIENTURA RIVER
           II. SAN I^ MARGARITA RIVER                    24. CARPINTERIA MARSH
           IS. LAS FLONESMARSIS                          25. ISOLETA SLOUGH
           13. SAN MATED MARSH                          26. DEVERAUX LAGOON


























Source: Zedler, 1982.






                                                                 72







with this complex and variable hydrology, coastal wetlands are unified as a system by
low gradients, low wave energy, fine-grain sediments and pervasive saltwater
influences (Orme, 1991). In California, many coastal wetlands are marine dominated
during much of the year, becoming dominated by terrestrial freshwater sources
primarily during rainy periods (Josselyn, 1983; Zedler, 1982). In addition, these systems
are directly affected by the multi-year drought/flooding events (as is much of
California). Thus, for much of the year tidal processes drive coastal wetland hydrology,
although seasonally and/or locally important freshwater inputs do occur.

As might be expected, hydrodynamic processes affect many of the environmental and
biological processes within wetlands. For example, wetland hydrology affects both the
location and rate of sedimentation and erosion, as well as the distribution and
concentration of important chemical constituents such as dissolved oxygen, nutrients,
and salt (Orme, 1991). In Southern California, tidal processes are extremely important
in structuring the salt marsh communities. Sea water provides most of the soil moisture
for these intertidal wetlands because of the low precipitation, the limited freshwater
runoff, and frequent droughts (Zedler, 1982). The variable tidal regime present in
California (i.e., a mixed semidiurnal tidal regime), and the semiarid climate that
dominates southern California result in an extremely broad range of wetland soil
salinity and long periods of hypersalinity (Zedler, 1982). Soil salinity, in turn, directly
affects the distribution of plants within the wetland (Zedler, 1982). In contrast,
hydrodynamic processes are affected by the presence or absence of vegetation. Wetland
plants such as Spartina foliosa reduce current velocities, dampen waves, discourage
erosion, and promote sediment deposition (Orme, 1991).

From this brief discussion it is clear that California's coastal wetlands are strongly
affected by hydrologic processes, which are highly variable and complex. Thus,
although many wetlands may appear to be in equilibrium with their environment, that
equilibrium is neither static nor predictable (Orme, 1991).


C. Water Quality:

Interest in wetland water qualitv has intensified recently, because of the ability of
wetlands to enhance water quality. Through a variety of processes, wetlands are able to
remove sediments and both organic and inorganic pollutants from the overlying water
(Chan, et al., 1981; Duda, 1992; Sather and Smith, 1984). In addition, however, several
water quality constituents have a direct impact on the ecology of coastal wetlands, the
most significant of which is probably salt concentration.

Ocean water is the principal source of salts in coastal wetlands, and source inputs are
continually renewed by tidal flows. Thus, the tides are not only responsible for physical
processes (i.e., hydrology), but chemical processes as well. Through its influence on soil


                                         73








and hydrology, and the competitive interactions that occur among species for limited
resources such as recruitment space, nutrients, and light35. The same is generally true
for animals, but their mobility affords them the flexibility to seek out more suitable
habitat. Additionally, animals consume plants and other animals adding another
dimension of interaction, namely predator-prey relationships, which can alter the
distribution and abundance patterns of both the predator and the prey25.

Another way to characterize biological interactions is on the basis of energy flow. With
the exception.of plants, which use sun light as their energy source, all organisms found
in wetlands consume plants or animals to meet their energy requirements. This energy
in turn, is used by the organism for growth and reproduction.

Diagrams of a food chain or food web (many food chains) are used to conceptualize the
flow of energy within an ecosystem. Figure 9 shows a diagram of one such food chain.
In general, plants (vascular plants and algae) are termed primary producers and are at
the base of the food chain. The next level up the food chain is occupied by herbivores
followed by omnivores and carnivores. Energy is lost to respiration at every level of the
food chain; thus an enormous amount of plant material is required to provide the
energy necessary for the existence of top predators such as carnivorous birds and
mammals. Although food chains can be very complex, they do provide a relatively
simple way to conceptualize biological interactions. The food chains within many
California coastal wetlands are thought to be relatively short (Zedler, 1982).
Nonetheless, the wetland food web is complex because of the extensive overlap and
shear number of food chains that exist. In general, our knowledge of how food chains
are modified as wetland habitat diminishes is not extensive; however, there is little
doubt that the native food web is essential to the maintenance of community structure
(National Research Council, 1992).

Although a multitude of concepts, principles, and methodologies exist to assist in
understanding the biology and ecology of wetlands, our level of knowledge is still
relatively rudimentary. This is particularly true for California's wetlands, where
ecosystem research lags behind that of Atlantic and Gulf coast efforts by several
decades (Williams and Zedler, 1992). We now know that the environment of Pacific
coast wetlands differs in fundamental ways (e.g., topography, geology, hydrology,





3 For detailed examples from California's coastal wetlands see: Zedler, J.B. 1982. The ecology of southern
  California coastal salt marshes: a community profile. U.S. Fish and Wildlife Service, Biological Services
  Program, Washin'gton D.C. FWS/OBS-81/54; and Josselyn, M. 1983. The ecology of San Francisco Bay
  tidal marshes: a community profile. U.S. Fish and Wildlife Service, Division of Biological Services,
  Washington D.C. FWS/OBS-83/23.

                                          76









FIGURE 9- Diagram of a Wetland Food Chain
















                         .<






                                                         Vascular plants
                                                         often require
                                                         decomposition
                                                         before being
                                                         palatable to
                                            Joel: w          animals.

              Algal
        productivity
             can go
         directly to
            grazing
            animals.







                                                   JMO
 Source: Zedler, 1982.


                                         77








climate, and species composition) from wetlands in other parts of the nation. Thus,
information from Atlantic or Gulf coast wetlands does not necessarily apply to Pacific
coast wetlands. Additionally, it is difficult to transfer information between coasts on
processes such as primary productivity and nutrient cycling because the functions
driving these processes are site specific; however, the effects of habitat loss and reduced
biodiversity are universal (Williams, et al., 1992). Nevertheless, the task of developing
the technical information base necessary for the wise and successful management of
California's coastal wetlands is critical.


Ill. UNDERSTANDING THE FUNCTIONS AND VALUES OF COASTAL WETLANDS:

Assessing the functions and values of wetlands depends on, and is limited by,
information from three fields: science, economics, and politics (Scodari, 1990). For
example, scientists have determined that wetlands serve (i.e., function) as critical
habitat for a number of threatened and, endangered species, while State and federal
legislation affords such species higher levels of protection, and therefore increased
value. However, because of their limited numbers, threatened and endangered species
often contribute little net value to the wetland on an ecological (scientific) or economic
basis.

As the above example illustrates, the functions and values of wetlands are often
interconnected. In general, wetland functions are those attributes that directly or
indirectly benefit humans and other organisms, or provide values perceived by humans
as desirable or worthy of protection. However, there is limited agreement on the
importance of any one function or value. As Dennis and Marcus (1984) note "[piresent
day land owners, developers, regulatory agencies, and scientists in California are not in
agreement on the value of wetlands. A landowner or developer may see a wetland only
as flat, developable real estate, made more valuable by its proximity to a waterfront.
Traditionally, communities have viewed wetlands as convenient dumping grounds.
Engineers acknowledge the functional uses of wetlands for floodwater regulation or
shoreline protection... Scientists and educators place a high value on the biological
productivity and wildlife habitat of wetlands. A hunter appreciates wetlands for the
waterfowl they support, while a farmer may regard a wetland as unproductive unless
drained and cultivated.'

All of the known functions and values of coastal wetlands are a manifestation of one or
more of the physical, chemical, or biological processes. inherent to this environment.
However, wetland assessments based on functions and values are problematic due to
the lack of rigorous and objective assessment criteria. Recent attempts have used
economic principles to develop monetary valuations (Allen et al., 1992; Scodari, 1992).
Although this is a valid approach, it does not include estimates of intrinsic qualities
such as natural beauty, fascination, and peace of mind. Nevertheless, such assessments


                                         78








are important because many of the regulatory decisions regarding wetlands are
ultimately decided on the relative importance of these attributes, or the cost to replace
them.

Overall, California coastal wetlands have a number of important functions and values36
(Table 3). Although knowledge of most functions and values has existed for some time,
their combined importance has increased over time because of the enormous wetland
losses California has endured. Thus, the reduction in wetland acreage and function has
increased the overall value of this resource regardless of the value of specific attributes
(Allen, et al., 1992).

                                            Table 3

   KEY FUNCTIONS AND VALUES OF CALIFORNIA'S COASTAL WETLANDS37

                      :g  i          . 0 Comnmercial factors::

USupport of commercial fisheries: Coastal wetlands are important spawning and nursery areas and provide
sources of nutrients for commercial fish such as flounder, perch, and English sole, and shellfish such as
clams and shrimp.

nProvision of commercially harvested organisms: Because of their high natural productivity, both tidal and
 inland wetlands have food production potential for aquaculture enterprises.

,Water supply and storage:  Wetlands are potential sites for groundwater recharge and surface water
storage.

                                Damage prevention factors.

KPollution assimilation/water purification: Wetlands contribute to improving water quality by removing
 excess nutrients and excess chemical contaminants; some wetlands are used in the tertiary treatment of
 wastewater.

nFlood control: Riverine wetlands and adjacent floodplain lands often form natural floodways that convey
 floodwaters from upstream to downstream areas; wetlands can also store water during floods and slow
 the movement to downstream areas, thereby lowering flood peaks.

*Erosion control: Wetlands reduced flood flows and the velocity of floodwaters, reducing erosion causing
 floodwaters to release sediment.

36 For a more detailed discussion of wetland functions and values the reader is encouraged to review:
  Sather, J.H. and R.D. Smith. 1994. An Overview of Major Wetland Functions and Values. U.S. Fish and
  Wildlife Service. FWS/OBS-84/18; and National Research Council. 1992. Restoration of Aquatic
  Ecosystems. National Academy Press, Washington D.C.
37 Sources: Scodari, 1990; National Research Council, 1992


                                               79








                                      Table 3 Continued

    KEY FUNCTIONS AND VALUES OF CALIFORNIA'S COASTAL WETLANDS

                                       Ecological ors aor

EProvision of critical habitat for threatened and endangered species: In California numerous threatened or
 endangered' species such as the Santa Cruz long-toed salamander, the clapper rail, the salt marsh harvest
 mouse, and the soft-haired bird's beak all rely on wetlands for their existence.

EProvision of habitat for native wildlife: Wetlands provide essential breeding, feeding, and refuge habitats
for many native plants (e.g., cord grass, salt grass, and pickleweed) and animals (e.g., great blue heron,
 garter snake, and the tiger salamander); this directly contributes to the maintenance of biodiversity.

RProvision of resting and feeding habitat for migratory waterfowl: California's wetlands provide essential
nesting, feeding, and refuge habitats for migratory birds along the Pacific flyway; this directly
contributes to the maintenance of biodiversity.

EFood chain support to resident and non-resident species: Wetlands have the ability to support nutrient
transformations (both microbial and chemical processes); wetlands act as sources and sinks of nutrients
and food and provide a medium for the transfer of these materials..

        .:a ::::-::  : :. : i::;;::.              ::Oth:r fa:tors m

EConsumptive recreation: Wetlands serve as recreation sites for fishing and hunting.

aNonconsumptive recreation: Wetlands serve as recreation sites for hiking, boating, and bird watching.

USource of open space and contribution to aesthetic values: Wetlands are areas of great diversity and beauty,
and provide open space for human enjoyment.

EEducation and research: Wetlands provide educational opportunities for nature observation and scientific
study.


IV. FACTORS IMPACTING CALIFORNIA'S COASTAL WETLANDS:

The major impact suffered by California's wetlands is direct loss attributable to human
activities (Dennis and Marcus, 1984). Total wetland loss in California is estimated at 4.6
million acres, which is approximately 91% of the acreage present before European
settlement (Dahl, 1990). The majority of this loss (approximately 3.6 million acres) has
occurred in the central valley (Dahl, 1990; Dennis and Marcus, 1984). All portions of the
coast have suffered losses as well, the largest losses (on a percentage basis) are thought
to have occurred in San Francisco Bay and along the south coast (Table 4).



                                               80








                                        Table 4
   SUMMARY OF HISTORIC LOSSES OF CALIFORNIA COASTAL WETLANDS38

                          :Estimated           Estimated              Estimated
      Region       ~       Original     .      Remaining               Percent
                           Acreage              Acreage               Reduction

 North Coast               Unknown                31,300               Unknown


 Central Coast39           Unknown                 3,800               Unknown

 S.F. Bay4ï¿½                  200,000              93,000                     54 %

 South Coast                   53,000             13,100                     75 %

 Statewide                  5,000,000            450,000                     91 %


A variety of activities are known to have caused the dramatic loss and alterations of
wetlands in California. The major activities include:

     Agricultural use and development: This involves the conversion of wetlands to
     agricultural land. Typically, wetlands are diked or filled, or vegetation is removed
     in order to expand adjacent crop or grazing lands. Disturbance and degradation
     can also occur where cattle and other pasture animals are allowed to graze in
     wetlands, or where nonpoint-source runoff containing pesticides and fertilizers
     occurs. Agricultural activities are the primary cause of wetland loss in California
     (Dahl, 1990).

  ï¿½ Residential development: The development and subdivision of land for residential
     use has resulted in direct wetland loss through filling. Additionally, this
     development activity has substantially increased sediment discharge into
     wetlands, through the acceleration of soil erosion. This is especially true in
     southern California where extensive building has occurred on or near highly
     erodible soils (Zedler, 1982).

38 Source: Dennis and Marcus, 1984.
39 Central Coast numbers exclude San Francisco Bay.
4( Estimates for S.F. Bay updated from: Meiorion, E.C., M.N. Josselyn, R. Crawford, J. Calloway, K. Miller,
  R. Pratt, T. Richardson, and R. Leidy. 1991. Status and trends report on wetlands and related habitats in
  the San Francisco estuary. San Francisco Estuary Project, Oakland, California.

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  * Commercial and industrial development: Hotels, business parks, and industrial
    complexes within and adjacent to wetlands can include wetland fill and loss of
     habitat through encroachment. The release of toxic materials from these forms of
     development is also a source of wetland degradation.

  * Oil and Gas development: Oil and gas wells and the supporting infrastructure have
     severely impacted several coastal wetlands in Southern California. The deposition
     of fill for roads and well pads and the unintentional release of pollutants from this
    form of development results in the fragmentation and degradation of wetland
     habitat.

  ï¿½ Roads highways and railways: The maintenance and development of transportation
     corridors has resulted in direct wetland loss through filling. Numerous wetlands
     have also suffered adverse impacts from the construction of bridges and polluted
     runoff from -these structures.

  * Port and marina development: This form of development includes dredging new and
     expanded channels to increase deepwater area, and the direct filling of wetlands to
     increase the area of shoreline support facilities.

  * Flood control: Development in flood plains and adjacent to wetlands increases the
     susceptibility of these structures to flooding. Flood -control projects result in the
     dredging, filling, and channelization of wetlands to prevent the natural dissipation
     of water into low-lying areas.

Many of these activities still occur in California (Dennis, et al., 1984). Yet because of the
relatively high social value placed on coastal wetlands, this resource has received
greater protection than their inland counterparts (Gosselink, et al., 1991). In California's
coastal zone, the Coastal Act does allow certain types of development in wetlands (see
chapters one and three), and these activities can result in the loss of wetland habitat.
However, wetland alteration in many coastal states of the U.S. - including California -
is strictly regulated and generally prohibited. Much of the current loss of wetlands in.
the coastal states is attributed to either a lingering legacy of past development (e.g.,
agricultural, urban, and industrial development) or related to secondary or indirect
effects of current projects (e.g., point- and nonpoint-source pollution, or changes in the
timing and amount of fresh and saltwater inputs) (Gosselink, et al., 1991).









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V. SUMMARY:

Wetland resource concerns for California span a variety of complex and sensitive issues.
Of paramount concern is the extreme loss of wetlands California has endured,
dramatically increasing the intrinsic value of the remaining resource. However,
numerous other issues discussed in this chapter also affect the level and focus of
concern for this resource. These issues, which are summarized below, generally fall into
one of two categories: science and impacts.

    1)   Science:

        Large scale evolutionary processes have acted to produce a highly variable
        coastal zone with numerous, relatively isolated and unique wetland
        landscapes. This fact complicates preservation and restoration activities.

     ï¿½  Wetlands are ecologically complex regions.

     *  Sound scientific information on California coastal wetlands is lacking, limiting
        our understanding and predictive ability.

     *  Rigorous, objective methods to quantify wetland functions and values are
        generally lacking.

    2)   Impacts:

     *  Human's  are responsible for virtually all of the losses and impacts to
        California's wetlands.

     *  Many  of the remaining wetlands  suffer from chronic disturbance  and
        degradation.
















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                             LITERATURE CITED


Allen, J., M. Cunningham, A. Greenwood, and L. Rosenthal. 1992. The value of
      California wetlands: an analysis of their economic benefits. The Campaign To
      Save California Wetlands, Oakland, California.

Bloom, A.L. 1983a. Sea level and coastal morphology of the United States through the
      Late Wisconsin glacial maximum. Pages 215-229 in S.C. Porter [Ed.]. The late
      Pleistocene, Vol. I of H.E. Wright, Jr., [Ed.]. Late Quaternary environments of the
      United States. University of Minnesota Press, Minneapolis.

Bloom, A.L. 1983b. Sea level and coastal changes. Pages 42-51 in H.E. Wright Jr.,[Ed.].
      The Holocene, Vol. II of H.E. Wright, Jr., [Ed.]. Late Quaternary environments of
      the United States. University of Minnesota Press, Minneapolis.

California Coastal Commission. 1981. Statewide interpretive guideline for wetlands and
      other wet environmentally sensitive habitat areas.

Chan, E., T.A. Brusztynsky, N. Hantzsche, and Y.S. Litwin. 1981. The use of wetlands
      for water pollution control. Association of Bay Area Governments, Berkeley,
      California.

Cowardin, L.M., W. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetland
      and deepwater habitats of the United States. U.S. Fish and Wildlife Service,
      Office of Biological Service. Washington D.C. FWS/OBS-79/31.

Dahl, T.E. 1990. Wetland losses in the United States 1780's to 1980's. U.S. Department of
      the Interior, Fish and Wildlife Service, Washington, D.C.

Dennis, N.B. and Marcus, M.L. 1984. Status and trends of California wetlands. Final
      report prepared for the California Assembly, Resources Subcommittee.

Department of Fish and Game. 1981. Determination of the status of the Bolsa Chica
      wetlands.

Department of Fish and Game. 1987. The status of wetland habitat and its protection,
      enhancement, and expansion.






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Dickert, T.G., J. Nybakken, G.M. Cailliet, M.S. Foster, G.V. Morejohn, and G. Page. 1978.
      Wetlands management in coastal zone planning: a prototype framework for
      relating natural science and land-use planning. U.C. Berkeley R/CZ45: 37-48.

Duda, P.J. 1992. Chevron's Richmond refinery water enhancement wetland. A report
      submitted to the Regional Water Quality Control Board.

Eliot, W. 1985. Implementing mitigation policies in San Francisco Bay: a critique. State
      Coastal Conservancy. Oakland, California.

Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual.
      Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station,
      Vicksburg, Mississippi.

Environmental Services Division. 1987. Department of Fish and Game Recommended
      Wetland Definition, Mitigation Strategies, and Habitat Value Assessment
      Methodology. Presented by Glenn Rollins, Environmental Services Supervisor in
      a public workshop to the Fish and Game Commission, on June 24, 1987,
      Sacramento, California. 14 pp.

Ferren, W.R. Jr. and P.L. Fiedler. 1993. Rare and threatened wetlands of Central and
      Southern California. Pages 119-131 in: J.E. Keeley [Ed.]. Interface Between
      Ecology and Land Development in California. Southern California Academy of
      Sciences, Los Angeles.

Gosselink, J.G. and E. Maltby. 1991. Wetland loss and gains. Pages 296-322 in M.
      Williams [Ed.]. Wetlands: a threatened landscape. Alden Press Ltd., Oxford,
      England.

Jones, B.E. 1981. California legislation affecting water-related resources: landmark acts
      with emphasis on regulation of fill. Prepared for the Resources Agency, State of
      California.

Josselyn, M. 1983. The ecology of San Francisco bay tidal marshes: a community profile.
      U.S. Fish and Wildlife Service, Division of Biological Services, Washington D.C.
      FWS/OBS-83/23. 102 pp.

Josselyn, M. and J. Burcholz. 1984. Marsh restoration in San Francisco Bay: a guide to
      design and planning. Technical Report No. 3. Tiburon Center for Environmental
      Studies, San Francisco State University, San Francisco, California. 104 pp.





                                        85








Josselyn, M., J. Zedler, and T. Griswold. 1990. Wetland mitigation along the Pacific
      Coast of the United States. In Kusler, J.A., M.E. Kentula [Eds.] Wetland Creation
      and Restoration: the Status of the Science. Vol. I: Regional Reviews. EPA 600/3-
      89/038a.

Josselyn, M., S. Chamberlain, K. Goodnight, H. Hopkins, and A. Fiorillo. 1993.
      Evaluation of Coastal Conservancy enhancement projects. Report prepared for
      Reed Holderman, California Coastal Conservancy. 21pp. plus appendixes.

Kramer, John. 1982. The State's participation in the Section 404 permit process.
      Summary, presented to American Bar Association Legal Institute on flood plains
      and wetlands, San Francisco, May'28-29, 1982.

Long, M.M., M. Friley, D. Densmore, J. De Weese. 1992. Wetland losses within
      Northern California from projects authorized under nationwide permit number
      26. U.S. Fish and Wildlife Service, Fish and Wildlife Enhancement, Sacramento
      Field Office. Sacramento, California.

Maguire, C.E. 1985. Wetland replacement evaluation. Contract No. DACW-65-85-D-
      0068. U.S. Army Corps of Engineers, Norfolk District, Virginia.

Mall, R.E. 1969. Soil-water-salt relationships of waterfowl food plants in the Suisun
      Marsh of California. Wildlife Bulletin No. 1. California Department of Fish and
      Game. 59 pp.

Meiorin, E.C., M.N. Josselyn, R. Crawford, J. Calloway, K. Miller, R. Pratt, T.
      Richardson, and R. Leidy. 1991. Status and trends report on wetlands and
      related habitats in the San Francisco estuary. San Francisco Estuary Project,
      Oakland, CA.

National Oceanic and Atmospheric Administration (NOAA). 1990. Estuaries of the
      United States: vital statistics of a national resource base. Strategic Assessment
      Branch, Ocean Assessments Division, Office of Oceanography and Marine
      Assessment, NOAA. 79 pp.

National Research Council. 1992. Restoration of Aquatic Ecosystems. National
      Academy Press, Washington D.C.

Nichols, F.H. and M.M. Pamatmat. 1988. The ecology of the soft-bottom benthos of San
      Francisco bay: a community profile. U.S. Fish and Wildlife Service 85(7.19). 73
      PP.




                                        86







Nixon, S. 1980. Between coastal marshes and coastal waters'- a review of twenty years
      of speculation and research on the role of salt marshes in estuarine productivity
      and water chemistry. Pages 437-525 in P. Hamilton and K. MacDonald [Eds.].
      Estuarine and wetland processes. Plenum Press, New York.

Office on Environmental Policy. 1993. Protecting America's wetlands: a fair, flexible,
      and effective approach. Washington D.C.

Onuf, C.P. and M.L. Quamrmen. 1985. Coastal and riparian wetlands of the pacific
      region: the state of knowledge about food chain support. In: Pacific regional
      wetland functions. National Wetland Technical Council Workshop.

Orme, A.R. 1991. Wetland morphology, hydrodynamics, and sedimentation. Pages 43-
      94 in M. Williams [Ed.]. Wetlands: a threatened landscape. Alden Press Ltd.
      Oxford, England.

Radovich, R.A. 1993. An identification and generalized classification of the wetlands of
      California (with accompanying key). Department of Fish and Game,
      Environmental Services Division. Administrative Report 93-2.

Sather, J.H. and R.D. Smith. 1984. An overview of major wetland functions and values.
      U.S. Fish and Wildlife Service, Office of- Biological Services. FWS/OBS-84/18. 68
      pp.

Scodari, P.F. 1990. Wetlands Protection: the role of economics. Environmental Law
      institute, Washington D.C.

Septh, J.W. 1969a. Status report on the coastal wetlands of southern California as of
      February 1, 1969. California Department of Fish and Game.

Septh, J.W. 1969b. The fuss over coastal wetlands. Outdoor California. 30(4)4-7.

Shute, E. C. Jr. and M.B. Mihaly. 1982. Analysis of powers exercised by regulatory
      agencies over diked historic baylands, and recommendations. Prepared for the
      San Francisco Bay Conservation and Development Commission.

Williams, M. 1991. Understanding wetlands. Pages 1-41 in M. Williams [Ed.]. Wetlands:
      a threatened landscape. Alden Press Ltd., Oxford, England.

Williams, S.L. and J.B. Zedler. 1992. Restoring sustainable coastal ecosystems on the
      Pacific coast: establishing a research agenda. California Sea Grant College, U.C.
      San Diego, La Jolla, California. No. T-CSGCP-026.



                                         87








Winfield, T.P. 1980. Dynamics of carbon and nitrogen in a southern California salt
      marsh. Ph.D. dissertation, University of California, Riverside, and San Diego
      State university, San Diego. 76 pp.

Zedler, J.B. 1982. The ecology of southern California coastal salt marshes: a community
      profile. U.S. Fish and Wildlife Service, Biological Services Program, Washington
      D.C. FWS/OBS-81/54. 110 pp.

Zedler, J.B. 1984. Salt marsh restoration: a guidebook for Southern California. California
      Sea Grant Report No. T-CSGCP-009.

Zedler, J.B. 1991. The challenge of protecting endangered species habitat along the
      southern California coast. Coastal Management. 19:35-53.

Zedler, J.B., C.S. Nordby, and B.E. Kus. 1992. The ecology of Tijuana estuary, California:
      a national estuarine research reserve. NOAA Office of Coastal Resource
      Management, Sanctuaries and Reserves Division, Washington D.C.






























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                                   GLOSSARY


Anaerobic Soil: Soil that is devoid of interstitial oxygen. In wetlands this condition
most normally occurs because of the sustained presence of water, which limits contact
with the atmosphere.

Biogenic: Chemicals or material created (generated) by biological processes. For
example, waste products are generated through the biological processes of digestion.

Carnivore: Animals. whose diet normally includes only other animals.

Detritus: Organic debris from decomposing plants or animals.

Ecotone: A habitat created by the juxtaposition of distinctly different habitats; an edge
habitat, or a zone of transition between habitat types. For example, the intertidal zone is
an ecotone occurring at the intersection between the subtidal zone and dry land.

Estuarine: The estuarine environment consists of deepwater tidal habitats and adjacent
tidal wetlands that are usually semii-enclosed by land but have open, partially
obstructed, or sporadic access to the open ocean, and in which ocean water is at least
occasionally diluted by freshwater runoff from the land.

Former Wetland: A land area originally existing as a wetland, which has been altered
to another land-form through human or natural processes. Agricultural lands created
from the diking or filling of wetlands are an example of former wetlands. Former
wetlands do not generally exhibit any of the original wetland characteristics (i.e., form
and function). In contrast, degraded wetlands do exhibit some of the original wetland
characteristics, although often to a lesser extent.

Fen: A unique type of wetland characterized by a saturated substrate dominated by
organic material in which acidic conditions (pH < 7) prevail. Contrast with a bog, which
has a saturated substrate dominated by organic material in which basic conditions (pH
> 7) prevail.

Hydric Soil: A type of soil with characteristics resulting from prolonged saturation and
chemically reducing conditions such as occurs under anaerobic conditions. (See
Anaerobic Soil above.)

Hydrology: The dynamic processes of the water within an environment including the
sources, timing, amount, and direction of water movement.



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Hydrophytic Vegetation: Plants that have adapted to living in aquatic environments.
These plants are also called hydrophytes. In wetlands, hydrophytic species occur where
at least the root zone of the plant is seasonally or continually found in saturated or
submerged soil.

In-Kind-Mitigation: A mitigation project in close proximity to the site of impact that is
designed to replace lost resources with identical or very similar resources.

Lacustrine: A lake or lake-like environment. Cowardin et al. (1979) define the lacustrine
environment  as "wetlands  and  deepwater  habitats with  all of the following
characteristics: (1) situated in a topographic depression or dammed river channel; (2)
lacking trees, shrubs, persistent emergent plants, mosses, or lichens with greater than
30% areal coverage; and (3) total area exceeds 8 ha (20 acres). Similar wetland and
deepwater habitats totaling less than 8 ha are also included in the lacustrine
environment if an active wave-formed or bedrock shoreline feature makes up all or part
of the boundary, or if the water depth in the deepest part of the basin exceeds 2 m (6.6
feet) at low water. Lacustrine waters may be tidal or non-tidal, but ocean-derived
salinity is always less than 0.5 parts per thousand."

Macrophytes: Plants visible to the unaided eye. In terms of plants found in wetlands,
macrophytes are the conspicuous multicellular plants.

Marine: The marine environment consists of the ocean and the associated high-energy
coastline. Marine habitats are exposed to the waves and currents of the open ocean and
the water regimes are determined primarily by the ebb and flow of oceanic tides.

Mixed semidiurnal tidal regime: The tidal regime occurring along the California coast.
This tidal regime is characterized by two high tides and two low tides every 25 hours.
The tidal extremes (point of maximum high or low water) all differ and occur in a
mixed sequence. That is, the higher high tide is followed by the lower low tide,
followed by the lower high tide, and then the higher low tide. The tidal height is
primarily determined by gravitational forces among the Earth, moon, and sun, but is
also affected by weather and local geography.

Nitrogen Fixation: Biochemical conversion of atmospheric nitrogen into nitrogen
compounds such as nitrate and nitrite. This process is naturally carried out by certain
soil-inhabiting bacteria and certain blue-green algae.








                                         90







Nutrients: Chemical compounds or elements required by all living organisms for
growth, reproduction, and the maintenance of homeostasis. Most commonly,
measurements are taken from water samples to determine the concentration of
nutrients required by plants (e.g., primary producers). For plants, inorganic
macronutrients (i.e., nutrients required in relatively large amounts) include nitrate,
nitrite, ammonium, and phosphates. Inorganic micronutrients (i.e., nutrients required in
relatively small amounts) include copper, molybdenum, and magnesium. Organic
nutrients include amino acids and vitamins.

Omnivore: Animals whose diet normally included both plants and animals.

Out-of-Kind mitigation: A mitigation project that replaces lost resources with resources
that are not similar (e.g., using an artificial reef as mitigation for filling a salt marsh).
The mitigation project may or may not bein close proximity to the site of impact.

Palustrine: The palustrine environment includes all non-tidal wetlands dominated by
trees, shrubs, persistent emergent macrophytes, emergent mosses or lichens, and all
such wetlands that occur in tidal areas where salinity due to ocean-derived salts is
below 5 parts per thousand (ppt). It also includes wetlands lacking such vegetation, but
with all of the following four characteristics: (1) area less than 8 ha (20 acres); (2) active.
wave-formed or bedrock shoreline features are lacking; (3) water depth in the deepest
part of the basin is less than 2 m at low water; and (4) salinity due to ocean-derived salts
is less than 5 ppt (Cowardin et al., 1979).

Plate tectonics: The theory that accounts for seismic activity, mountain building,
volcanism, and other geological manifestations of crustal plate movement with sea-floor
spreading.

Productivity: The transfer of energy and nutrients into living matter over time.
Productivity is a function of both the growth rate and biomass of an organism and is
expressed as a rate of change. For example, primary productivity is the rate of increase
in plant material over a unit area and time e.g., grams Carbon/m2/yr. Secondary
productivity applies to animals and is expressed in the same terms.

Remineralization: Release of nutrients and other compounds chemically bound in soils
or sediments through chemical processes.

Respiration: (1) Internal respiration: the chemical processes from which all living
organisms derive energy from stored reserves and food. (2) External respiration:
breathing of air; taking oxygen from the environment and giving off carbon dioxide.





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Riparian Area: A type of habitat occurring along the bank of a water course or other
water body typically consisting of water tolerant trees and shrubs such as alder,
cottonwood, and willows. Many riparian areas occur as bands of vegetation along a
water course, often called riparian corridors.

Riverine:- An aquatic environment with a water source conveyed by a channel. A
channel is an open conduit either naturally or artificially created that periodically of
continuously contains moving water, or which forms a connecting link between two
bodies of standing water. Rivers, streams, creeks, and aqueducts are all riverine
environments.

Tidal Prism: The volume of water that flows in and out of an area between higher high
tide and lower low tide.

Vernal Pool: A seasonal wefland formed in depressions having a specific geology and
hydrology, which directly influence the plants and animals found within.

Water quality: Most generally described as the physical, chemical and biological
integrity of the water.




























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                        Appendix A

Statewide Interpretive Guidelines For Wetlands And Other Wet
           Environmental Sensitive Habitat Areas







































                             93





                      TABLE OF CONTENTS                                                                                                    TABLE OF CONTENTS
                                                                                                                                            (Continued)
  1. Introduction                               ....................................................96
    A. What arc "Wetlands".                                                     ........................................96
    D.   I low the Coastal Act Protects Wetlands.........................97                                       VII. Standards For Siting Development Adjacent To Environmentally Sensitive
    C. Use of the Guideline and its Relationship to LCPs................98                                             Habitat Areas....................................................115
                            II.  What Are "Evironmentally  ensitive Habita  Areas"? .. 98                'A.  Criteria for Reviewing Proposed Development Adjacent to
                             II. What Are "~~~~~~~~~~~~Environmentally Sensitive Habitat Areas"?................9 niomnal estv aia ra......................115
    A. "Wetlands"..............................................:.... 99
                                                                                                                 B. Criteria for Establishing Buffer Areas...........................116
    B. "Estuaries                                                                                                . ................................................99Vill. Restoration And Maintenance Of Wetland Habitat Areas ...............118
    C. "Streams' and 'Rivers".......................................100 

                                                                                                                  B.   Requirements Applicable to All Restoration Projects ............120
                                E.   "Open Coastal Waters" and "Coastal Waters".100                                  ~~~C.   Requirements Applicable to Restoration of Degraded Wetlands in
    F. "Riparian Habitats".                                                    .........................................100  Conjunction with Boating Facilities ............................121
Ill.  When Is Development Permitted In An Environmentally Sensitive                                                     D.   Requirements Applicable to Restoration of Degraded Wetlands
    I labitat Area?                             ...................................................100                      Using Projects Other Than Boating Facilities.....................121
    A. Requirements for All Development Proposals in Environmentally                                        Appendix A -Applicable Coastal Act Policies.................................123
         Sensitive Habitat Areas ......................................101
                             B. Requirements for Additional Project Information . 101                     ~~~~~~~~~~~~Appendix B -Resources Agency Wetland Policy...............................138
  BV.  Requirpments formAditinlPoete  Informtiond  ................. Esuaie                                  Appendix C-Summary of Federal and State Regulatory Involvement Regarding
                             IV. DeveopmentsPermitte    In    Wetands    AndEstuaris   .............................n104iDeelopmendin WetlndshandOtherEWevEnviroeentall
    A.   Developments and Activities Permitted in Wetlands and Estuaries   104                                             Sensitive Habitat Areas........................................139
    B.  Special Limitations on Development in Those Coastal Wetlands                                        Appendix D-Technical Criteria for Identifying and Mapping Wetlands and
         Identified by the Department of Fish and Game..................107                                                Other Wet Environmentally Sensitive habitat Areas ...............144
    C..esoraiosPrjetsterittd nPSctone023t.......................n18SApedixE-losar3o0Tems..............................................................52
    D. Requirements for All Permitted Development ...................109
    F.   Provisions Applicable to Proposed Development in Wetlands and
         Estuaries Within Port jurisdictions.............................113
V.   Developments Permitted In Open Coastal Waters And Lakes.           .      .........113
    A. Developments and Activities Permitted in Open Coastal Waters
         and Lakes ..................................................113
    B.   Requirements for All Permitted Developments ..................114
VI. Developments Permitted In Streams And Rivers......................114
    A.   Permitted Developments in Streams and Rivers..................114
    B. Requi'rements for All Development ............................114


                                   94                                                                                                                 95










STATEWIDE INTERPRETIVE GUIDELINE FOR WETLANDS AND OTHER WET ENVIVIRONMENTALLY
                          SENSITIVE HABITAT AREAS (Adopted 21/4/81)                                        Migratory animals feed and rest in Caifornia's coastal wetlands in large
SENSITIVE HABITAT AREAS (Adopted 2/4/81)
                                                                                                   enough numbers to make the wetlands invaluable habitat areas.  Most waterfowl
                                                                                                   and shorebirds found in North America, such as ducks, geese, sandpipers, and
I.   INTRODUCTION                                                                                     dunlines, are migratory.  They nest in Alaska or Canada in the summer, and
                                                                                                   winter in the U.S. or points sbuth.  During the fall and spring migrations,
                                                                                                   millions of these birds move along well-defined routes called flyways. The
     The Commission adopted this guideline as a decision of the Commission after                      millions of these birds move along well-defined routes called flyays.  The
                                                        recevinexensveublctetimnynddholding ten pCalifornia coast, part of the Pacific Flyways, was assigned third highest
receiving extensive public testimony and comments and holding ten public
                                                                                                   priority (out of a total of 33 areas nationally) for wintering habitat
hearings at numerous locations in the coastal zone.  In addition, the Regional                         pr iority (out of a total of 33 areas nationally) for wintering habitat
Commissions provided valuable comments and information as a result of an                               preservation by the U.S. Fish and Wildlife Service.
approximately equal number of hearings which they held.  Guidelines should be                                                        rich laboratories for ecological studies.
viewed as a tool in reviewing coastal permit applications and LCPs for wetlands
and adjacent areas. The Commission intends local governments to use the
guideline when developing LCPs but believes that more flexibility may be
appropriate in an LCP than in an individual permit decision.  Guidelines of                                 B.  How the Coastal Act Protects Wetlands
necessity must focus on issues primarily of statewide concern.  The LCPs will
focus in depth on regional wetlands issues.  For example, the Humboldt County                               Since wetlands  are so valuable from both an economic            and biologic
Northcoast Area Land Use Plan addressed farmed wetlands in detail, a subject                           sta          the Ca lifornia Coastal Act and  many other Federal and state
only footnoted in this guideline.  It adopted explicit criteria for identifying                        Section 30001 of the Coastal Act states  in part  that the Legislature finds and
"armed wetlands and designated the areas exclusive agriculture.  The Commission                       Section 30001 of the Coastal Act states (in part) that t the Legislature finds and
farmed wetlands and designated the areas exclusive agriculture.  The Commission
certified the LUP as consistent with the policies of Chapter 3, even though such
specific criteria are not contained or endorsed in this guideline. This example                       valuable resource and exists as a delicately balanced ecosystem; that the
illustrates that the guideline is a valuable tool., but only a tool, to be used                       permanent protection of the state's natural resources is of paramount concern to
                                                                                                   present and future residents of the state and the nation; and that it is
in conjunction with permit and planning decisions.                                                    necessary to protect the ecological balance of the coastal zone and prevent its
                                                                                                  -deterioration and destruction.  Therefore, the Act requires that the
                                                                                                   biological productivity and the quality of coastal waters, streams, wetlands,
     A. What Are "Wetlands"?
                                                                                                   estuaries, and lakes be maintained and, where feasible, restored. Sections of
                                                                                                   the Act provide general policies for development in and adjacent to wetlands,
     The Coastal Act defines wetlands as land "which may be covered periodically                      the Act provide general policies for    development in a  nd adjacent to wetlands
or permanently with shallow water."  Wetland areas, such as marshes, mudflats
and lagoons, serve many functions:  to absorb pollutants and storm energy; to
serve as nutrient sources and genetic reservoirs; and to provide some of the                                In order to apply'Com  s     tal Act policies on wetlands to specific areas and
                                         world's r4Cheat wdife habitats~~.  'developments, the Commission has adopted this interpretive guideline.  The
world's richest wildlife habitats.
                                                                                                   guideline integrates ecological concepts and policies found in many sections of
     Wetlands are highly diverse and productive.  The combination of shallow and                      the Act into a consistent whole, explains policies for protecting natural
                                                                                                   resources, defines technical terms, and facilitates application of the policies
deep water, and the variety of vegetation and substrates produce far greater
possibilities for wildlife feeding, nesting and resting than is found in less                         policiby the State and regCoastal commissions.   ine many ofdistigui the   resource
diverse areas. Individual wetlands may be inhabited by hundreds of species of                           portance  of the  policies and their interrela       tio nship s. Statutory provisions
                                                                                                   importance of the policies and their interrelationships.  Statutory provisions
birds, mammals, fish and smaller organisms.  Abundant microorganisms serve as                         which govern all environmentally sensitive habitat areas are laid  ut and
food for crabs, clams, oysters, and mussels which live in the tidal flats,                            which govern all environmentally sensitive habitat areas are lard out and
              food for crabs, clams, oysters, and mussels which live in the tidal flats.             specific development standards and criteria are explained for particular habitat
     Wetlands' natural abundance draws people for recreation such as clamming,                        areas (e.g.  wetlands  estuaries  open coastal waters  lakes and streams).
bird watching and fishing.  Fish such as the king and silver salmon and
steelhead trout live much of their lives in the ocean but return to freshwater                             Wetlands are not isolated   independently  unctioning systems ,  and they
to spawn.  Commercially important fish such as herring, anchovy and California                        depend upon and are highly influenced by their surroundings.  Therefore  the
tto spawn.  Co nmercially important fish such as herries. g, anchovy and Califia                      guideline includes standards for the review and evaluation of proposed projects
halibut are also found in California's estuaries.
                                                                                                   adjacent to environmentally sensitive habitat areas.

     Food for ocean fauna is supplied from California's coastal estuaries.
Estuarine productivity therfore contributes to a complex ocean food web.  For                               The State Department of  ish and came as the authorized cusodian s
                                                                                                   California's fish and wildlife resources and serves as the Commission's
example, a significant amount of the net areal primary productivity of the                                                              resources
Tijuana Estuary is exported in the form of dissolved carbon wnich can be taken                        principal consultant on all matters related to these resources.  this
                                                                                                   responsibility includes but is not limited to: determination of project :mpacts;
up and used by oysters, bacteria and phytoplankton, which may in turn be eaten
                         byuother creatures .mored by oyestuares  providehadequacy of technical data; and identification of appropriate mitigation or
by other creatures.  Perhaps more importantly, estuaries provide habitat for                          restoration measures for affected habitat.
organisms to use that food, therefore making these habitats important for man,
for example, as aquaculture sites.
                                                            _,)()~~~~~~~~~~~~~~~~~~~~~~~~~0-                                               )










     C.  Use of the Guideline and Its Relationship to LCPs                                                As stated in the 'INTRODUCTION," wetlands are not isolated, independently
                                                                                                   functioning systems. Rather, they depend upon and are highly influenced by
     This guideline is meant to assist the public and the Commissions  in                             their associated watersheds and upland transition areas.  Therefore, hinflu en thed b
applying Coastal Act policies for wet environmentally sensitive habitat areas                         Commission determines that any adjacent area is necessary to maintain the
and is in no way meant to supersede those policies.  The guideline should be                          functional capacity of the wetland, the Commission will require that this area
viewed as a tool in reviewing coastal permit applications and LCPs for wetlands                       be protected against any significant disruption of habitat values consistent
and adjacent areas as explained above.                                                                with Section 30240(a).  These areas may be protected either by inclusion in a
                                                                                                   buffer area subject to land use restrictions or through provision of a bu'ver
     The question of the relationship between interpretive guidelines and Local                       area around the ecological related adjacent area itself, or through oth-r means.
Coastal Programs (LCPs) has been hotly debated and underscores the importance of                      Section VII of this guideline discusses the use of buffers.
developing a comprehensive, consistent approach to these valuable coastal areas,
but the LCPs (such as Humboldt County example discussed above) become the
standard of review after certification.  This guideline is a decision of the                              A. 'Wetlands'
Commission, and therefore, it does serve as a tool or guide to local governments
in preparing their LCPs as specified in Section 30625 (c) of the Act and in
Section 00113 of the LCP Regulations.                                                                     The Coastal Act defines "wetland" in Section 30121 as follows:



                                                                                                              "'Wetland' means lands within the coastal zone which may
II.  WHAT ARE "ENVIRONMENTALLY SENSITIVE HABITAT AREAS"?                                                         be covered periodically or permanently with shallow water
                                                                                                              and include saltwater marshes, freshwater marshes, open or
                                                                                                              closed brackish water marshes, swamps, mudflats and fens."
     The Coastal Act defines "environmentally sensitive area" in Section 30107.5
as follows:
                                                                                                       This is the definition upon which the Commission relies to identify
                                                                                                   'wetlands." The definition refers to lands "...which may be periodically or
                "'Environmentally sensitive area' means any                                          permanently covered with shallow water ...  However, due to highly variable
                area in which plant or animal life or their                                          environmental conditions along the length of the California coast, wetlands may
                habitats are either rare or especially valuable                                      include a variety of different types of habitat areas.  For this reason, some
                because of their special nature or role in an                                        wetlands may not be readily identifiable by simple means.  In such cases, the
                ecosystem and which could be easily disturbed                                        Commission also will rely on the presence of hydrophytes and/or the presence of
                or degraded by human activities and                                                  hydric soils as evidence that an area may be periodically or permanently covered
                developments."                                                                       with shallow water.  These are useful indicators of wetland conditions, but the
                                                                                                   presence or absence of hydric soils and/or hydrophytes alone are not necessarily
                                                                                                   determinative when the Commission identifies wetlands under the Coastal Act. In
    The term "environmentally sensitive habitat area' is also used in Section                         the past, the Commission has considered all relevant information in making such
30240 of the Coastal Act.  The two terms are synonymous.                                              determinations and relied upon the advice and judgement of experts before
                                                                                                   reaching its own independent conclusion as to whether a particular area will be
     'The Commission generally considers wetlands, estuaries, streams, riparian                       considered wetland under the Coastal Act.  The Commission intends to continue to
habitats, lakes and portions of open coastal waters to be environmentally                             follow this policy.  The discussion in "APPENDIX D" provides more detail and
sensitive habitat areas because of the especially valuable role of these habitat                      further guidance on wetland identification.
areas in maintaining the natural ecological functioning of many coastal habitat
areas and because these areas are easily degraded by human developments. In
acting on an application for development one of these areas, the Commission                 D.  "Estuaries'
considers all relevant information. The following specific policies apply to
these habitat areas: Sections 30230; 30231; 30233; and 30236. Section 30240, a
more general policy, also applies, but the more specific language in the former                           An "estuary" is a coastal water body usually semi-enclosed by land, but
sections is controlling where conflicts exist with general provisions of Section                      which has open, partially obstructed, or intermittent exchange with the ocean
30240 (e.g., port facilities may be permitted in wetlands under Section 30233                         and in which ocean water is at least occasionally diluted by fresh water runoff
even though they may not be resource dependent).  This guideline addresses wet                        from the land.  The salinity may be periodically increased above the open ocean
environmentally sensitive habitat areas only.  The discussion in this section                         by evaporation.  In general, the boundary between "wetland" and "estuary" is the
and in section VII is not intended to describe or include all environmentally                         line of extreme low water (see Appendix 0 for a more complete discussion of
sensitive habitat areas which may fall under Section 30240 of the Coastal Act.                        wetland/estuary boundaries).


                                  -98-.                                                                                                _9(_










   C. "Streams" and "Rivers"
                                                                                                       A.  Requirements For All Development Pronosals in Environmentally Sensitive
                                                                                                            Habitat Areas
    A "stream or a "river" is a natural watercourse as designated by a solid
line or dash and three dots symbol shown on the United States Geological Survey
map most recently published, or any well-defined channel with distinguishable                        developmet is permitted in an environmentall  sensitive habitat area.  First,
bed and bank that shows evidence of having contained flowing water as indicated                                   development proposed m          permitted use under the applicable
                                                                                                   the type of development proposed must be a permitted use under the applicable
                                                                                                   section of the Coastal Act.  For example, any development proposed in a wetland
                                                                                                   must be specifically described in Section 30233(a) of the Act. The permitted
                                                                                                   developments allowed in each type of environmentally sensitve habitat area are
    D.  "Lakes"                                                                                      discussed in subsequent sections.  Additional permitted developments in
                                                                                                   environmentally sensitive habitat areas are projects which depend on the natural

    A "lake" is a confined, perennial water body mapped by the United States                         type of eurcesnviro in that h abitat area aadin order to function.
Geologic Survey on the most current 7.5 minute quadrangle series.
                                                                                                       Second, any permitted use must also meet all general requirements. For
                                                                                                   example, before development could be approved in a wetland, the Commission must
    E.  "Open Coastal watersfl and ï¿½Coastal Waters"                                                  find that there is no feasible, less environmentally damaging alternative, that
                                                                                                   feasible mitigation measures have been provided to minimize adverse
                                                                                                   environmental effects, and that the functional capacity of the wetland is
    The terms "open coastal waters  or 'coastal waters" refer to the open ocean                      environtain   effects, anced   These requirements  are discussed in subsequent
overlying the continental shelf and its associated coastline.  Salinities exceed                     sections.                       requirements are discussed in subsequent
30 parts per thousand with little or no dilution except opposite mouths of
estuaries (see Appendix D).
                                                                                                       B. Requirements for Additional Proiect Information
    Some portions of open coastal waters, generally areas without especially
significant plant or animal life, may not be considered environmentally                                  To meet the statutory requirements of Sections 30230, 30231, 30233, 30236,
sensitive habitat areas.  Environmentally sensitive habitat areas within open                        and 30240 of the Coastal Act, an applicant for a permit to develop within or
coastal waters may include "Areas of Special Biological Significance  as                             near an environmentally sensitive habitat area may be required to submit
identified by the State Water Resources Control Board, habitats of rare or                          supplemental information, including any or all of the maps described below.
endangered plant and animal species, nearshoro reefs, rocky intertidal areas                        The size of the study area will depend upon  natural topographic features,
(such as tidepools), and kelp beds.                                                                 location of existing development, and potential biological significance of
                                                                                                   adjacent lands. In undeveloped areas, the required study area may extend 500
                                                                                                   feet or more around the environmentally sensitive habitat area, but the 500 foot
                                                                                                   distance is not an. absolute standard.  It is recommended that this information
                                                                                                   be developed before the application comes before the Commission, but the
                                                                                                   Commission may require additional information as a part of its permit process.
    A "riparian habitat" is an area of riparian vegetation. This vegetation is
an association of plant species which grows adjacent to freshwater watercourses,                         When there is a dispute over the adequacy of the information, the Commission
including perennial and intermittent streams, lakes, and other bodies of fresh                      will request the State Department of Fish and Game to review the material and
water (see Appendix D).                                                                             submit written comments to the Commission.  A qualified private professional
                                                                                                   acceptable to the applicant may be employed by the Commission to assist in this
                                                                                                   review or to provide additional information. The Commission may require the
                                                                                                   applicant to reimburse it for any reasonable expenses incurred in providing
III.  wHEJ IS DEVELOPMENT PERMITTED IN AN ENVI3RONMENTALLY SENSITIVE HABITAT                        additional information or in the review of the applicant's information.
      AREA?

                                                                                                             1. Maps
    "Development" is defined in Section 30106 of the Coastal Act, and includes                                1.  Maps
the placement of fill; construction or alteration of any structure or facility;                                   a.  Topographic base map.  The base map should be at a scale suf-
discharge of any waste material; dredging or extraction of any materials; change                                  ficiently large to permit clear and accurate depiction of vegeta-
in the density or intensity of use of land; removal or harvest of major vegeta-                                   tive associations and soil types in relation to any and all
tion except for agricultural purposes; and other alterations to the land and                                      proposed development (normally the scale required will be 1"-200').
water in the coastal zone (see Appendix A).                                                                       Contour intervals should be five feet, and the map should contain a
                                                                                                                 north arrow, graphic bar scale, and a citation for the source
                                   -I ()0D-                                                                       of the base map (including the data).  The map should show  ole
                                                                                                                 following information:
                                                                                                                                         I ~-









                                                                                                  The report should describe and analyze the following:
        1) Boundary lines of the applicant's property and adjacent
        property, including assessor's parcel numbers, as well as the                                      a.  Present extent of the habitat, and if available, maps,
        boundaries of any tidelands, submerged lands or public trust                                       photographs or drawings-showing historical extent of the habitat
        lands.                                                                                            area.

        2)  Names and locations of adjacent or nearby roads, streets or
        highways, and other important geographic, topographic and                                          b.  Previous and existing ecological conditions.
        physical features.
                                                                                                           1) The life history, ecology and habitat
        3)  Location and elevation of any levees, dikes or flood                                               requirements of the relevant resources, such as plants, fish
        control channels.                                                                                      and wildlife, in sufficient detail to permit a biologist
                                                                                                           familiar with similar systems to infer functional
        4)  Location, size and invert elevation of any culverts or tide                                        relationships (the maps described in above may supply part of
        gates.                                                                                                 this information).

                                                                                                           2) Restoration potentials.
    b. Inundation map. For nontidal wetlands, a map should be
    prepared indicating permanent or seasonal patterns of inundation
    (including sources) in a year of normal rainfall.                                                      c.  Present and potential adverse physical and biological impacts
                                                                                                       on the ecosystem.
    c.  Vegetation map.  Location and names of plant species (e.g.,
    Salicornia virginica) and vegetation associations (e.g.,
    saltmarsh).  This map should be prepared by a qualified ecologist                                      d.  Alternatives to the proposed development, including different
    or botanist based upon the technical criteria provided in Appendix                                     projects and off-site alternatives.
    D.

    c.  Soils map.  If no soil survey is available, a soils map should                                     e.  Mitigation measures, including restoration measures and
    be prepared by a qualified soils scientist, and should show the                                        proposed buffer areas (see pp. 14-17 and pp. 20-23).
    location of soil types and include a physical description of their
    characteristics based upon the technical criteria provided in
    Appendix D.                                                                                            f.  If the project includes dredging, explain the following:

                                                                                                           1) The purpose of the dredging.
2.  Supplemental information
                                                                                                           2)  The existing and proposed depths.
   A report should be prepared which demonstrates that all of the
    criteria for development in environmentally sensitive habitat areas                                        3)  The volume (cubic yards) and area (acres or square
   have been met.  The report should investigate physical and                                                  feet) to be dredged.
   biological features existing in the habitat area and evaluate the
    impact of the development on the existing ecosystem.  The                                                  4)  Location of dredging (e.g., estuaries, open coastal
    information should be prepared by an ecologist or professional                                             waters or streams).
   environmental scientist with expertise in the ecosystem in which
   the development is proposed.  For example, in preparing such a                                             5)  The location of proposed spoil disposal.
   report for a proposed development in a salt marsh, the expertise of
   a qualified wetland ecologist, botanist, ornithologist,                                                    6)  The grain size distribution of spoils.
   hydrologist, soil scientist or other technical professional may be
   required.  The report should be based on an on-site investigation,                                          7)  The occurrence of any pollutants in the dredge spoils.
   in addition to a review of the existing information on the area,
   and should be sufficiently detailed to enable the Commission to
   determine potential immediate and long range impacts of the                                            g.  If the project includes filling, identify the type of f1tl
   proposed project.                                                                                      material to be used, including pilings or other structures, and
                                                                                                      specify the proposed location for the placement of the fill, the
                                                                                                      quantity to be used and the surface area to be covered.
                              -102-
                                                                                                                               I D3_1









              h. If the project includes diking, identify on a map
              the location, size (length, top and base width, depth and                                        3.  Coastal-dependent industrial facilities2, such as commercial
              elevation of the proposed dike(s)) as well as the location,  size                                fishing facilities.
              and invert elevation of any existing or proposed culverts or
              tide gates. 4. Maintenance of existing or restoration of previously dredgei depths
                                                                                                        in navigation channels, turning basins, vessel berthing and mooring
              i.   If the project is adjacent to a wetland and may cause mud                                  areas, and boat launching ramps.
              waves, a report shall be prepared by a qualified geotechnical
              engineer which explains ways to preve~nt or mitigate the problem.                               5.  Incidental public service purposes which temporarily impact the
                                                                                                        resources of the area, which include, but are not limited to, burying
                                                                                                        cables and pipes, inspection of piers, and maintenance of existing
              j. Benchmark and survey data used to locate the project,                                         intake and outfall lines (roads do not qualify)3.
              the lines of highest tidal action, mean high tide, or other                                      6.  Restoration projects.4
              reference points applicable to the particular project.


                                                                                                        (continued on next page)
              k. Other governmental approvals required and obtained.
              Indicate the public notice number of Army Corps of Engineers
              permit if applicable.


    Any maps or technical data submitted by the applicant will be subject to re-
view by the State Department of Fish and Game, the State Lands Commission, or
other applicable agencies who may submit comments to the Commission.


IV. DEVELOPMENTS PERMITTED IN WETLANDS AND ESTUARIES


    Of all the environmentally sensitive habitat areas mentioned specifically in
the Coastal Act,: wetlands and estuaries are afforded the most stringent pro-
tection. In order to approve a project involving the diking, filling1, or
dredging of a wetland or estuary, the Commission must first find that the.pro-
ject is one of the specific, enumerated uses set forth in Section 30233 of the
                        Act (hesedevelpmens andactiitie are iste in sctio A. 'nd B be-2 For the purposes of this guideline, a coastal-dependent industrial facility
Act (these developments and activities are listed in section A. and B. be-                              i   n   hc   eursasr   n   rajcn   o   h   e   ofnto.Seas
                                                                                                is one which requires a site on, or adjacent to, the sea to function. See also
low).  The Commission must then find that the project meets all three
requirements of Section 30233 of the Act (see pp. 14-17).  In addition,
permitted development in these areas must meet the requirements of other                               3 When no other alternative ex'ists, and when consistent with the other pro-
applicable provisions of the Coastal Act.                                                              visions of this section, limited expansion of roadbeds and bridges necessary to
                                                                                                maintain existing traffic capacity may be permitted. Activities described in
                                                                                                the Commission's Guideline on Exclusions  from Permit Requirements applicable to
    A.  Developments and Activities Permitted in Wetlands and Estuaries                                inads also should be consulted.


                                                                                                .  Restoration projects allowable under Section 30233 are discussed in detail
        1. Fort facilities.a                                                      n        p       .      1      14
                                                                                                on pp. 13-14.

        2. Energy facilities.




  The Coastal Act defines "fill" as '...  earth or any other substances or
material, including pilings placed for the purposes of erecting structures
thereon, placed in a submerged area" (Section 30108.2).

                                     -104-










        7. Nature study, aquaculture,5 or similar resource-dependent
        activities                                                                                        B.  Snecial Limitations on Development in Those Coastal Wetlands Identified
                                                                                                           by the Deoartment of Fish and Game
        8.  In wetland areas, only entrance channels for new or expanded boating
        facilities7 may be constructed, except that in a degraded
        wetland,  other boating facilities may be permitted according to the                              Pursuant to Section 30233(c) of the Act, the type and amount of development
        requirements of Section 3041L discussed on pp. 23-27.
                                                                                                   in the coastal wetlands identified by the Department of Fish and Game is even
                                                               9.  or expanded b ing facilis  in euaries.  9  more limited than those developments set forth in section A. above.
        9. New or expanded boating facilities in estuaries. 9
                                                                                                       Not all coastal wetlands are identified by the Department of Fish and Game;
                                                                                                   rather, only 19 are identified for acquisition purposes in their report,
                                                                                                   "Acquisition Priorities for the Coastal Wetlands of California." However, the
                                                                                                   Department of Fish and Game may identify additional coastal wetlands pursuant to
                                                                                                   Section 30233(c).  If the Department elects to identify additional wetlands
                                                                                                  pursuant to Section 30233(c), the Commission recommends that the Department
                                                                                                   develop standards and procedures for doing so. Wetlands not identified by the
5 Aquaculture is not defined in the Coastal Act.  The definition contained in                           pa ent of Fish and Gam                  Wetlands not             identified by th
                                                                                                   Department of Fish and Game are still protected by the'Coastal Act, becarse
Public Resources Code, Division 1, Chapter 4, Section 828 will be used for the                        development in any wetland as defined in the Coastal Act (see section II  A.,
purposes of this guideline.  ". . . 'aquaculture' means the culture and                               above) must meet the requirements of Section 30233 and other applicable se-tions
husbandry of aquatic organisms, including, but not limited to, fish, shellfish,                       of the Act.  The coastal wetlands identified for acquisition purposes to date
mollusks, crustaceans, kelp and algae.  Aquaculture shall not mean the culture                        are as follows:
and husbandry of commercially utilized inland crops, including, but not limited
to, rice, watercress, and bean sprouts." Aquaculture activities could only be
sited in a wetland or estuary if they depended upon the resources of the wetland                           1. Lake Earl                          11. Carpenteria Marsh
or estuary to be able to function at all.  Support facilities which could be                               2. Ten Mile River                     12. Upper Newport Bay
located on upland sites (e.g., parking lots, buildings) would not be permitted                            3. Big River                           13. Agua Hedionda Lagoon
in the wetland or estuary.  This requirement is not intended to discourage                                 4. Bodega Bay                         14. Batiquitos Lagoon
aquaculture projects or to prohibit vertical access.  The Coastal Act encourages                           5. Estero Americano                   15. San Elijo Lagoon
aquaculture.                                                                                               6. Estero de San Antonio              16. San Dieguito Lagoon
                                                                                                      7. Pescadero Marsh                    17. Los Penasquitos Lagoon
6 For the purposes of this guideline, similar resource-dependent activities                                 . eLkhorn Slough                     18. South San Diego Bay
                                                                                                      9. Elkhorn Slough                     18. South San Diego Bay
include scientific research, hunting and fishing (where otherwise permitted). In                          9. Morro Bay                           19. Tijuana River
addition, when wetlands are seasonally farmed, the continued use of agriculture                           10. Santa Maria River
is allowed. Expanding farming operations into non-farmed wetlands by diking or
otherwise altering the'functional capacity of the wetland is not permitted.
Farm-related structures (including barns, sheds, and farm-owner occupied                                   Development permitted in the wetland portions of those areas named above is
housing) necessary for the continuance of the existing operation of the farmed                        limited to the following:
wetlands may be located on an existing farmed wetland parcel, only if no
alternative upland location is available for such purpose and the structures are
sited and designed to minimize the adverse environmental effects on the farmed                                  1.  Very minor incidental public facilities which temporarily impact
wetland.  Clustering and other construction techniques to minimize both the land                                the resources of the area, such as the inspection of piers, and the
area covered by such structures and the amount of fill necessary to protect such                                maintenance of existing intake and outfall lines (see footnote 43).
structures will be required.
                                                                                                           2. Wetland restoration.
7 Boating facilities include, but are not limited to, boat landings, boat
launching ramps, and marinas.                                                                                   3.  Nature study.

8 The term "degraded wetland" (emphasis added) is discussed on pp. 24-25.                                       4.  Commercial fishing facilities in Bodega Bay (the meaning of this
                                                                                                           phrase is further defined in Section 30233(c)).
9 The list of developments permitted in wetlands and estuaries is the same
except that new or expanded boating facilities ire permitted in estuaries but                                   5.  Development in already developed parts of south San Diego Bay.
are not permitted in wetlands.


                                     -106-
                                                                                                                                           -117-










                                                                                                       Additional flexibility will be allowed for restoration projects located in
C.  Restoration Projects Permitted in Section 30233                                                         wetlands which are degraded (as that term is used in Section 30411 of the
                                                                                                       Coastal Act). Section VIII discusses the requirements of such projects.

    Restoration projects which are a permitted development in Section 30233
(a)(7) are publicly or privately financed projects in which restoration is the                             D.  Requirements for All Permitted Development
sole purpose of the project. The Commission found in its decision on the Chula
Vista LCP that projects which provide mitigation for non- permitted development                            Any proposed project which is a permitted development must also meet the
may not be broadly construed to be restoration projects in order to avoid the                          three statutory requirements enumerated below, in the sequence shown:
strict limitations of permitted uses in Section 30233.
                                                                                                           1. Diking, filling or dredging of a wetland or estuary will only
                                                                                                           be permitted if there is no feasiblel0 less environmentally
    Restoration projects may include some fill for non-permitted uses if the                                    damaging alternative (Section 30233(a)).  The Commission may require
wetlands are small, extremely isolated and incapable of being restored.   This                                  the applicant to submit any or all of the information described in
limited exception to.Section 30233 is based on the Commission's growing                                         section III. B. above.
experience with wetlands restoration. Small extremely isolated wetland parcels
that are incapable of being restored to biologically productive systems may be                                  2.  If there is no feasible less environmentally damaging alternative,
filled and developed for uses not ordinarily allowed only if such actions                                       feasible mitigation measures must be provided to minimize adverse
establish stable and logical boundaries between urban and wetland areas and if                                  environmental effects.
the applicant provides funds sufficient to accomplish an approved restoration
program in the same general region.  All the following criteria must be                                               a.  If the project involves dredging, mitigation measures must
satisfied before this exception is granted:                                                                           include at least the following (Section 30233(b)):

                                                                                                                      1) Dredging and spoils disposal must be planned and carried
                                                                                                                     out to avoid significant disruption11 to wetland
          1.  The wetland to be filled is so small (e.g., less than I acre) and                                           habitats and to water circulation.
          so isolated (i.e., not contiguous or adjacent to a larger wetland)
          that it is not capable of recovering and maintaining a high level of                                            2)  Limitations may be imposed on the timing of the oper-
          biological productivity without major restoration activities.                                                   ation, the type of operation, the quantity of dredged mater-
                                                                                                                     ial removed, and the location of the spoil site.
          2. The wetland must not provide significant habitat value to wetland
          fish and wildlife species, and must not be used by any species which                                            3)  Dredge spoils suitable for beach replenishment shall,
          is rare or endangered.  (For example, such a parcel would usually be                                            where feasible, be transported to appropriate beaches or unto
          completely surrounded by commercial, residential, or industrial                                                 suitable longshore current systems.
          development which are incompatible with the existence of the wetland
          as a significant habitat area).

          3. Restoration of another wetland to mitigate for fill can most
          feasibly be achieved in conjunction with filling a small wetland.

         4. Restoration of a parcel to mitigate for the fill (see pp. 14-17
          for details about required mitigation) must occur at a site which is
         next to a larger, contiguous wetland area providing significant                             10 "Feasible" is defined in Section 30108 of the Act to mean "... capable of
         habitat value to fish and wildlife which would benefit from the                             being accomplished in a successful manner within a reasonable period of time,
          addition of more area.  In addition, such restoration must occur in                         taking into account economic, environmental, social, and technological factors."
         the same general region (e.g., within the general area surrounding the                     A feasible less environmentally damaging alternative may involve a location for
          same stream, lake or estuary.where the fill occurred).                                      the proposed development which is off the project site on lands not owned by the
                                                                                                 applicant. Feasible under the Coastal Act is not confined to economic
         5.  The Department of Fish and Game and  the U,S. Fish and Wildlife                         considerations. Environmental, social and technological factors also shall be
         Service have determined that the proposed restoration project can be                        considered in any determination of feasibility.
         successfully carried out.
                                                                                                 uI To avoid significant disruption to wetland habitats and to water
                                                                                                 circulation the functional capacity of a wetland or estuary must be maintained.
                                                                                                 Functional capacity is discussed on page 17.










                  4)  Other mitigation measures may include opening up areas to                                     3)  However, if no appropriate restoration sites under
                  tidal action, removing dikes, improving tidal flushing, or                                        options I  and 2 are available, the applicant shall pay an
                                                                                                                   in-lieu fee of sufficient value to an appropriate public

                  The Executive Director or the Commission may request the                                          agency for the purchase and restoration of an area  of
             Department of Fish and Game to review dredging plans for

             developments in or adjacent to wetlands or estuaries.  The                                             This third option would be allowed only if the applicant is
             Department may recommend measures to mitigate disruptions to                                           unable to find a willing seller of a potential restoration
             habitats or to water circulation.                                                                      site.  The public agency may also face difficulties in

             b.  If the project involves diking or filling of a wetland. re-                                        acquiring appropriate sites even though it has the ability to
             quired minimum mitigation measures are the following-12                                                condemn property.  Thus, the in-lieu fee shall reflect the
                                                                                                                   additional costs of acquisition, including litigation, as
                                                                                                                   well as the cost of restoration.  If the public agency's
                   1)  If an appropriate restoration site is available, the
                  applicant shall submit a detailed restoration plan which                                          restoration  project is not already approved by the
                   includes provisions for purchase and restoration of an                                            Commission, the public agency may need to be a
                   equ ivalent area of es for pqualt  or greater biological                                          co-applicant for a coastal development permit to provide
                   equivalent area of equal or greater biological                                                                              conditions can be imposed to assure
                  productivity13 and dedication of the land to a public                                             adequate assurance that conditions c an he imposed to assure
                   agency or otherwise permanently restricts its use for open                                        that the purchase of the perm it.   n addition  such  restoration must
                   space purposes.  The site shall be purchased before the dike                                      occur in the same general region (e.g., within the same
                   or fill development may proceed.
                                                                                                                   stream, lake, pr estuary where the fill occurred).

                   2)  The applicant may, in some cases, be permitted to open                                   A preferred restoration program would remove fill from a formerly
                   equivalent areas to tidal action4 or provide other sources                                   productive wetland or estuary  hicis no  biologically
                   of surface water.  This method of mitigation would be                                        unproductive dry land and would establish a tidbiologically
                   appropriate if the applicant already owned filled, diked                                     to assure adequate flushing.  Few if any restoration projects have
                   areas which themselves were not environmentally sensitive                                    tobeen implemented for a sufficient length of time to provide much
                   habitat areas but would become so, if such areas were opened                                 guidance as to the long-term restorability of such areas.  Since
                   to tidal action or provided with other sources of surface                                    such projects necessarily involve many uncertainties, restoration
                   water.                                                                                       should preceed the diking or filling project.  At a minumum, the
                                                                                                              permit will be conditioned to assure that restoration will occur
                                                                                                              simultaneously with project construction. Restoration and
                                                                                                              management plans shall be submitted with the permit application.

12 Mitigation measures shall not be required for temporary or short-term fill                                   The restoration plan should generally state when restoration work
or diking, if and only if a bond or other evidence of financial responsibility                                   will commence and terminate, should include detailed diagrams
Ls provided to assure that restoration will be accomplished in the shortest                                      drawn to scale showing any alterations to natural landforms, and
feasible time.  For the purposes of this guideline, short-term generally means                                   should include a list of plant species to be used as well as the
that the fill or dikes would be removed immediately upon completion of the                                       method of plant introduction (i.e., seeding, natural succession,
construction of the project necessitating the short-term fill or diking (Section                                 vegetative transplanting, etc.).
30607.1).                                                                                                        vegetative transplanting, etc.).
30607.1).
                                                                                                              The management plan would constitute an agreement between the
13 For an area to be of "equal or greater biological .productivity," it must                                     applicant and the Commission to guarantee the wetland is restored
provide equivalent or greater habitat values to the same type and variety of                                     to the extent established under stated management objectives and
plant and animal species which use the area affected by the proposal.                                            withe exten t a specified time frame.
                                                                                                              within a specified time frame.

14 "Opening up equivalent areas to tidal action" means to permanently open to                                    The plan should describe the applicant's responsibilities in
tidal action former intertidal wetlands capable of providing equal or greater                                    maintaining the restored area to assure the Commission that the
biological productivity.  Mitigation measures should restore areas which are no                                  project will be successful.  The management plan should g:ner.tly
longer functioning in a manner beneficial to wetland species.  For example,                                      include provisions for a monitoring pr        and for making  ny
returning a diked-off, formerly saltwater, but presently freshwater marsh to                                     include provisions or    a m     onitoring program and for a king 
tidal action would not constitute mitigation.  However, improving tidal flusningation site
by removing tide gates, digging tidal channels and clearing culverts might
qualify, if the Commission determines that such actions would restore an area to                                                         III-
equal or greater habitat value than the area lost.

                                 - lb--










              The applicant should periodically submit reports on the project
              which give information on the following:                           C.  Provisions Applicable to Prooosed Develooment in Wetlands and
                                                                                                            Estuaries Within Port Jurisdictions
                    - distribution and type of vegetation established
                                                                                                       Development within those portions of the Ports of Hueneme, Long Beach, Los
                    - benthic invertebrate abundance                                                   Angeles, and San Diego Unified Port District lying within the coastal zone is
                                                                                                   generally governed by the provisions contained in Chapter 8 of the Coastal Act.
                                                                                                   However, wetlands and estuaries which have been identified on the Commission's
                                                                                                   Port Jurisdiction Maps (adopted by the Commission on April 6, 1977 pursuant to
                    - fish and other vertebrate abundance                                              Section 30710) are not governed by the provisions of Chapter 8, but instead are
                                                                                                   subject to Chapter 3 policies of the Coastal Act as described above in this
                                                                                                   section (Section 30700).

         3.  Diking, tilling or dredging of a wetland or estuary Imust maintain                            Chapter 8 treats all other "ater areas" (term used in this chapter only)
         or enhance the funtional capacity of the wetland or estuary [Section                          without regard to whether such areas may be considered 'wetland,"  'estuary" or
         30233(c)].  Functional capacity means the ability of the wetland or                           "opn coastal waters" as described in this guideline.
         estuary to be self-sustaining and to maintain natural species
         diversity5 .In order to establish that the functional capacity is                                 The diking, filling or dredging                of any water area within one of these ports
         being maintained, the applicant must demonstrate all of the following:                        is limited by the following sections of the Coastal Act:  30705, 30706 and 30708
                                                                                                   (these sections are provided in full in Appendix A).  The diking, filling or
              a.  That the project does not alter presently occurring plant and                       dredging of any wetlands or estuaries lying within any port or harbor district
              animal populations in the ecosystem in a manner that would impair                       or authority not named in Chapter 8 (e.q., Humboldt Bay Harbor, Recreation and
              the long-term stability of the ecosystem; i.e., natural species                         Conservation District and Moss Landing Harbor District) is subject to Chapter 3
              diversity, abundance and composition are essentially unchanged as                       policies of the Coastal Act as described above in this section.
              a result of the project.

              b. That the project does not harm or destroy a species or habitat
              that is rare or endangered.                                                             V.  DEVELOPMENTS PERITITErD IN OPEN COASTAL WATERS AND LAKES

              c.  That the project does not harm a species or habitat that is                             Section 30233 lists the types of developments for which diking, filling or
              essential to the natural biological functioning of the wetland or                       dredging may be permitted in open coastal waters and lakes.  This Section also
              estuary.                                                                                states requirements for determining when those developments are permitted.  The
                                                                                                   types of development identified below are the only ones that are permitted in
              d.  That the project does not significantly reduce consumptive                          open coastal waters and lakes, and may only be permitted if consistent with the
              (e.g., fishing, aquaculture and hunting) or nonconsumptive (e.g.,                       development requirements for these habitat areas.
              water quality and research opportunity) values of the wetland or
              estuarine ecosystem.
                                                                                                       A.  Developments and Activities Permitted in Ooen Coastal Waters and
                                                                                                           Lakes

                                                                                                           1. All developments allowed in wetlands and estuaries described as
                                                                                                           Items 1-7 (section IV. A).
15 The intention here is to convey the importance of not only how many species
there are but also the size of their populations (abundance) and the relative                                   2   Now or expanded boating facilities.
importance of the different species to the whole system (composition). It cannot
be overemphasized that the presence of a species by itself is an inadequate                                     3.  In portions of open coastal waters that are not environmentally
indicator of the condition of a natural system.  In a "healthy" wetland                                         sensitive habitat areas,16 sand or gravel may be extracted.
ecosystem, the absolute number of individuals of a species and the relative
number compared to other species will depend on the size of the organism and its
place in the food web (what it feeds on, what feeds on it, and what competes
with it for the same food or other resources). H4ajor changes in absolute or
relative numbers of some species will have far-reaching consequences for the                            16 it shall be the responsibility of the permit applicant to provide evidence
whole ecosystem because of their interactions with other species.                                      that the area i  not an environmentally sensitive habitat area   The Zxecutive
                                                                                                   airector or the Commission will usually require an applicant for a permit to
                                                                                                   extract minerals from open coastal waters to submit supplemental information.
                                   -112-








    B. Requirements for All Permitted Developments
                                                                                                          2. Flood control projects shall be subject to both of the
    Any proposed project which first is a permitted development as listed above                                following conditions (Section 30236):
must also meet the two statutory requirements enumerated below in the sequence
shown.                                                                                                             a.  The project must be necessary for public safety or
                                                                                                              to protect existing development.
        1. Diking, filling or dredging of open coastal waters or lakes will
        only be permitted if there is no feasible less environmentally damaging                                    b.  There must be no other feasible method for
        alternative (Section 30233(a)).                                                                            protecting existing structures in the floodplain.

        2.  If there is no feasible less environmentally damaging alternative,                                3.  Boating facilities constructed in streams are subject to the
        feasible mitigation measures must be provided to minimize adverse                                     same requirements as boating facilities constructed elsewhere.
        environmental effects (Section 30233(a)).


VI. DEVELOPMENTS PERMITTED IN STREAMS AND RIVERS                                                      VII. STANDARDS FOR SITING DEVELOPMENT ADJACENT TO ENVIRONMENTALLY SENSITIVE
                                                                                                       HABITAT AREAS
    Sections 30236 and 30233 of the Coastal Act list all permitted developments
in streams and rivers, including dams, channelizations, or other substantial
alterationsl7.                                                                                              The general policies for development adjacentl8 to environmentally
                                                                                                  sensitive habitat areas appear in Section 30240(b) of the Coastal Act:

    A.  Permitted Developments in Streams and Rivers                                                             "Development in areas adjacent to environmentally
                                                                                                            sensitive habitat areas and parks and recreation areas
        1.  Necessary water supply projects.                                                                    shall be sited and designed to prevent impacts which would
                                                                                                            significantly degrade such areas, and shall be compatible
        2.  Flood control projects.                                                                             with the continuance of such habitat areas."  (emphasis
                                                                                                            added)
        3.  Developments where the primary function is the improvement
        of fish and wildlife habitat.
                                                                                                      A. Criteria for Reviewing Proposed Development Adjacent to Environmentally
        4.  New or expanded boating facilities.                                                               Sensitive Habitat Areas

                                                                                                      As with development located in environmentally sensitive habitat areas,-the
    B.  Requirements for All Development                                                              key standard for evaluating development adjacent to such areas is the extent to
                                                                                                  which the proposed development maintains the functional capacity of such areas
    Any proposed project which is a permitted development must also meet the                          (the standards to evaluate whether the functional capacity is being maintained
following statutory requirements:                                                                     are located on page 17).  A development which does not significantly degrade an
                                                                                                  environmentally sensitive habitat area will maintain the functional capacity of
        i.  All channelizations, dams, or other substantial alterations                              that area.  The type of proposed development, the particulars of its design,
        of rivers and streams shall incorporate the best mitigation                                   location in relation to the habitat area, and other relevant factors all affect
        measures feasible to minimize adverse environmental effects.                                 the determination of functional capacity.






                                                                                                  18 Adjacent means situated near or next to, adjoining, abutting or juxtaposed
17 Substantial alterations shall include cnannelizations, dams, or comparable                         to an environmentally sensitive habitat area.  This will usually mean that any
projects which significantly disrupt the habitat value of a particular river or                       development proposed in an undeveloped area within a distance of up to 500 feet
stream.  A development which does not significantly disrupt the habitat value of                      from an environmentally sensitive habitat area will be considered to be adjacent
a particular river or stream is one which maintains or enhances the functional                        to that habitat area.  In developed areas factors such as the nature, location
capacity of that river or stream.  Roads and bridges necessary to cross streams                       and extent of existing development will be taken into consideration.
and rivers may be permitted if there is no feasible less environmentally
damaging alternative and if feasible mitigation measures have been provided to
minimize adverse environmental effects.                                                                                                      -I 5-

                                   -I14-










    Accordingly, the Commission may set limits and conditions to development
adjacent to environmentally sensitive habitat areas based upon any or all of the                           feeding, breeding 'or resting).  This determination requires the
following sections of the Coastal Act:  30230; 30231; 30233; 30236; and 30240.                             expertise of an ecologist, wildlife biologist, ornithologist or
The Commission has required the following types of mitigation measures:                                    botanist who is familiar with the particular type of habitat involved.
setbackse buffer strips.; noise barriers; landscape plans; pervious surfacing                              Where a significant functional relationship exists, the land
with drainage control measures to direct storm run-off away from environmentally                           supporting this relationship should also be considered to be part of
sensitive habitat areas; buffer areas in permanent open space; land dedication                             the environmentally sensitive habitat area, and the buffer area should
for erosion control; and wetland 'restoration, including off-site drainage                                 be measured from the edge of these lands and be sufficiently wide to
improvements.  This section only discusses the requiements for establishing the                            protect these functional relationships. 'Where no significant
width of buffer areas.  It does not discuss any other measures as noted above                              functional relationships exist, the buffer should be extended from the
which may also be necessary and more appropriate to ensure that the development                            edge of the wetland, stream or riparian habitat (for example) which is
is compatible with the continuance of the habitat area.                                                    adjacent to the proposed development (as opposed to the adjacent area
                                                                                                         which is significantly related ecologically).

    B.  Criteria for Establishinq Buffer Areas                                                             2.  Sensitivity of species to disturbance.  The width of the buffer
                                                                                                         area should be based, in part, on the distance necessary to ensure
                                                                                                         that the most sensitive species of plants and animals will not be
    A buffer area provides essential open space between the development and the                            disturbed significantly by the permittted development.  Such a
environmentally sensitive habitat area.  The existance of this open space                                  determination should be based on the following:
ensures that the type and scale of development proposed will not significantly
degrade the habitat area (as required by Section 30240).  Therefore, development
allowed in a buffer area is limited to access paths, fences necessary to protect                               a.  Nesting, feeding, breeding, resting or other habitat
the habitat area, and similar uses which have either beneficial effects or at                                  requirements of both resident and migratory fish and wildlife
least no significant adverse effects on the environmentally sensitive habitat                                  species.
area. A buffer area is not itself a part of the environmentaly sensitive
habitat area, but a "buffer" or "screen" that protects the habitat area from                                   b.  An assessment of the short-term and long-term adaptibility of
adverse environmental impacts caused by the development.                                                       various species to human disturbance.

     A buffer area should be established for each development adjacent to
environmentally sensitive habitat areas based on the standards enumerated below.                           3.  Susceptibility of parcel to erosion.  The width of the buffer
The width of a buffer area will vary depending upon the analysis.  The buffer                              area should be based, in part, on an assessment of the slope, soils,
area should be a  minimum of 100 feet for small projects on existing lots (such                            impervious surface coverage, runoff. characteristics, and vegetative
as one single family home or one commercial office building) unless the                                    cover of the parcel and to what degree the development will change
applicant can demonstrate that 100 feet is unnecessary to protect the resources                            the potential for erosion.  A sufficient buffer to allow for the
of the habitat area.  If the project involves substantial improvements or                                  interception of any additional material eroded as a result of the
increased human impacts, such as a subdivision, a much wider buffer area should                            proposed development should be provided.
be required. For this reason the guideline does not recommend a uniform width.
The appropriate width will vary with the analysis based upon the standards.                                4.  Use of natural topographic features to locate development.  Hills
                                                                                                         and bluffs adjacent to environmentally sensitive habitat areas should
    For a wetland, the buffer area should be measured from the landward edge of                            be used, where feasible, to buffer habitat areas.  Where otherwise
the wetland (Appendix D).  For a stream or river, the buffer area should be                                permitted, development should be located on the sides of hills away
measured landward from the landward edge of riparian vegetation or from the top                            from environmentally sensitive habitat areas. Similarly, bluff faces
edge of the bank (e.g., in channalized streams).  Maps and supplemental                                    should not be developed, but should be included in the buffer area.
information may be required to determine these boundaries. Standards for
determining the appropriate width of the buffer area are as follows:                                       5.  Use of existing cultural features to locate buffer zones.
                                                                                                         Cultural features, (e.g., roads and dikes) should be used, where
                                                                                                         feasible, to buffer habitat areas. Where feasible, development
           1.  Biological significance of adjacent lands.  Lands adjacent to a                             should be located on the side of roads, dikes, irrigation canals,
          wetland, stream, or riparian habitat area vary in the degree to which                            flood control channels, etc., away from the environmentally sensitive
          they are functionally related to these habitat areas.  That is,                                 habitat area.
           functional relationships may exist if species associated with such
          areas spend a significant portion of their life cycle on adjacent
           lands. The degree of significance would depend upon the habitat
           requirements of the species in the habitat area (e.g., nesting,

                                     1,-                                                                                                l fl7-






          6.  Lot configuration and location of existing development.  Where an
          existing subdivision or other development is largely built-out and                       be maintained and where feasible restored, through, among other means,
          the buildings are a uniform distance from a habitat area, at least                       encouraging waste water reclamation, maintaining natural vegetation buffer areas
          that same distance will be required as a buffer area for any new                         that protect riparian habitats, and minimizing alteration of natural streams.
          dqvelopment permitted. However, if that distance is less than
          100 feet, additional mitigation measures (e.g., planting of native                           Section IV C previously discussed "restoration purposes," a permitted use in
          vegetation which grows locally) should be provided to ensure                             Section 30233(a)(7).  Projects which qualify for consideration as a "restoration
          additional protection.  Where development is proposed in an area                         purpose" will be solely restoration projects, including only those permitted
          which is largely undeveloped, the widest and most protective buffer                      uses listed in Section 30233(a).  Such projects may be carried out on we lands
          area feasible should be required.                                                        which have not been determined to be degraded by the Department of Fish an,
                                                                                                 Gaus.  It is anticipated that public or private agencies performing restoration
          7. Type and scale of development proposed.  The type and scale of                        of wetland habitat areas by restoring tidal action, removing fill, establishing
          the proposed development will, to a large degree, determine the size                     appropriate contours, and performing other similar activities will be permitted
          of the buffer area necessary to protect the environmentally sensitive                    under Section 30233.
          habitat area.  For example, due to domestic pets, human use and
          vandalism, residential developments may not be as compatible as light                        This section discusses a second alternative approach to wetland restoration,
          industrial developments adjacent to wetlands, and may therefore                          applicable only to wetlands formally determined by the Department of Fish and
          require wider buffer areas.  However, such evaluations should be made                    Game to be degraded and in need of major restoration activities, according to
          on a case-by-case basis depending upon the resources involved, and                       the procedures and requirements of Section 30411.  By including Section 30411 in
          the type and density of development on adjacent lands.                                   the Coastal Act, the Legislature provided the Commission and the Department with
                                                                                                 a means to encourage landowners and public agencies to develop restoration
                                                                                                 projects which can be implemented with public or pricate funds. Restoration
VIII.  RESTORATION AND MAINTENANCE OF WETLAND HABITAT AREAS                                         projects under this approach may include uses that are not permitted in Section
                                                                                                 30233 if the project meets all of the other requirements of Section 30233 and
                                                                                                 30411.
    Originally there were approximately 300,000 acres of coastal wetlands in
California; now there are about 79,000 acres (excluding San Francisco Bay).  In                         The Commission has closely examined the relationship of the two alternative
addition to those acres lost, many wetlands have been severely altered through                      approaches to restoration.  The Coastal Act expressly distinguishes degraded
filling and/or sedimentation.  The Coastal Commission encourages public agencies                    from non-degraded wetlands.  The importance of the distinction is related to the
and landowners to work towards restoration and enhancement of these altered                        flexibility in consideration of permitted uses.  Thus, Section 30233 allows the
wetlands.                                                                                           Commission to consider seven enumerated permitted uses in all wetlands without
                                                                                                 the mandatory involvement of the Department of Fish and Game. Section 30233
    Restoration of habitat areas is strongly encouraged in the Coastal Act.  The                   expressly allows only one additional use, a boating facility, in wetlands which
Legislature found that the protection, maintenance, and, where feasible,                            the Department has determined to be degraded and in need of major restoration.
enhancement and restoration of natural resources is a basic goal of the Act                         In making this determination, the Department must consider all "feasible ways"
(Section 30001.5).  Section 30230 requires that marine resources be maintained,                    other than a boating facility to accomplish restoration of degraded wetlands.
enhanced, and restored where feasible; that special protection be given to areas                   The Commission interprets the boating facilities reference in Section
and species of special biological or economic significance; and that uses of the                    30233(a)(3) to include the "other feasible ways" of restoration which the
marine environment be carried out in a manner that will sustain the biological                     Department must consider in Section 30411(b)(3).  The remainder of this Section
productivity19 of coastal waters and will maintain "healthy populations"20                          addresses the requirements of Section 30411.
of all species of marine organisms. Section 30231 requires that the biological
productivity and the quality of coastal waters, streams, wetlands, estuaries,
and lakes appropriate to maintain "optimum populations"21 of marine organisms                          'A.  Identification of Deqraded Wetlands

                                                                                                     The Department of Fish and Game must identify degraded wetlands.
                                                                                                Generally, coastal wetlands are considered degraded if they were formerly tidal
                                                                                                 but their present resource value has been greatly impaired because they are
19 In general, biological productivity means the amount of organic material                        presently diked or otherwise modified and, as a result, tidal influence has
produced per unit time.  For the purposes of this guideline, the concept of                         ceased or is greatly diminished.  The Department has not yet transmitted to the
biological productivity also includes the degree to which a particular habitat                     Commission its criteria or procedures for identifying degraded wetlands, but the
area is being used by fish and wildlife species.  Thus, an area supporting more                    Commission considers the following factors relevant to determining whether or
species of fish and wildlife would be considered more productive than an area                      not a particular wetland is degraded.
supporting fewer species, all other factors (e.g., the amount of vegetative
cover, the presence or absence of endangered species, etc.) being equal.
                                                                                                     1. Amount and elevation of filled areas.
20&21 These phrases refer generally to the maintenance of natural species
diversity, abundance, and compositon.
                                                                                                                                    -I I')-
                                     -118-









         2. Number and location of dikes and other artificial impediments to
             tidal action and freshwater flow and the ease of removing them to                             C.  Requirements applicable to Restoration of Degraded Wetlands in
             allow tidal action to resume.                                                                     Conjunction with boating Facilities

         3.  Degree of topographic alterations to the wetland and associated                               Section 30411 explicitly provides for the construction of boating facilities
             areas.                                                                                    when this is the most feasible and least environmentally damaging means to
                                                                                                   restore a particular degraded wetland. Recognition of boating facilities as a
         4.  Water quality.                                                                            use in Section 30411 is consistent with the Coastal Act's emphasis on promoting
                                                                                                   recreational use of the shoreline (see Section 30224).  The specific
         5.  Substrate quality.                                                                        requirements for boating facilities are discussed in overlapping portions of
                                                                                                   Sections 30233 and 30411 as follows:
         6. Degree of encroachment from adjacent urban land uses.
                                                                                                       1. At least 752 of the degraded wetland area should be restored and
         7.  Comparison of historical environmental conditions with current                                     maintained as a highly productive wetland in conjunction with the
             conditions, including changes in both the physical and biological                                 boating facilities project (Section 30411(b)(2)).
             environment.
                                                                                                       2. The size of the wetland area used for the boating facilities, including
         8.  Consideration of current altered wetland conditions and their                                      berthing space, turning basins, necessary navigation channels, and any
             current contribution to coastal wetland wildlife resources with                                   necessary support service facilities, cannot be greater than 25 percent
             relation to potential restoration measures.                                                       of the total area to be restored (Section 30233(a)(3)).

         9. Chemical cycling capabilities of the wetland including water
             quality enhancement, nutrient accumulation, nutrient recycling,                               D.  Requirements Applicable to Restoration of Degraded Wetlands Usilg
             etc.                                                                                              Projects Other Than Boating Facilities

                                                                                                       Section 30411 does not explicitly identify the other types of restoration
    As part of this identification process, the extent of wetlands on the site                         projects.  However, such projects are encouraged if they promote the restoration
must be identified with precision.                                                                     of degraded areas and if boating facilities are not feasible.  An example would
                                                                                                   include flood control projects undertaken by a public agency. Such projects may
                                                                                                   be permitted under Section 30411 if they restore channel depths, are designed to
    B.  Requirements Applicable to All Restoration Proiects                                            enhance the functional capacity of the wetland area, and are the least
                                                                                                   environmentally damaging alternative to achieve restoration.
    Under the Act, the Department of Fish and Game, in consultation with the
Commission and the Department of Boating and Waterways, is responsible for                                  Boating facilities may be compatible with a wetland ecologically if they
identifying those degraded wetlands which can most feasibly be restored in (a).                        provide increased tidal flushing and deep-water habitat, but nonetheless it may
If the Department undertakes a study, it shall include facts supporting the                            not be physically or economically feasible to locate such facilities in a
following determinations:                                                                              particular wetland.  On the other hand, boating facilities may be feasible, but
                                                                                                  may be more environmentally damaging than other feasible means. For example,
    (1)  The wetland is so severely degraded and its natural processes are so                          they may displace scarce intertidal habitats, introduce toxic substances, or
         substantially impaired that it is not capable of recovering and                               damage natural estuarine channels by causing excessive scouring due to increased
         maintaining a high level of biological productivity without major                             current velocities.
         restoration activities.
                                                                                                       According to Section 30411, at least 75 percent of a degraded wetland area
    (2)  Restoration of the wetlands' natural values, including its biological                         must be restored in conjunction with a boating facility, and Section 30233
         productivity and wildlife habitat features, can most feasibly achieved                        requires that a boating facility cannot exceed 25 percent of the wetland area to
         and maintained in conjunction with a boating facility.                                        be restored.  However, this may still result in the net loss of 20 percent of
                                                                                                   the wetland area. The Coastal Act allows this tradeoff because additional
    (3)  There are no other feasible ways22 besides a boating facility to                              boating facilities in the coastal zone are a preferred coastal recreation use
         restore the wetland.                                                                          and the Coastal Act explicitly provides for this type of wetland restoration
                                                                                                   project. Projects permitted under Section 30411 other than boating facilities
                                                                                                   should result in no net loss of the acreage of wetland habitat located on the
                                                                                                   site as a minimum. However, projects which result in a net increase in wetland
                                                                                                   habitat areas are greatly preferred in light of Coastal Act policies on wetland
' "Other feasible ways" includes only less environmentally damaging                                    restoration and Senate Concurrent Resolution 29 which calls for an increase in
alternative restoration projects; but may include uses not permitted Ln Section                        wetlands by 50% over the next 20 years.  For example, it has been the
30233(a)(3) according to priorities discussed herein.
                                                                                                                                       121
                                       -120-











Commission's experience in reviewing vegetation and soils information available
for degraded wetlands in Southern California that sometimes wetland and upland
sites are intermixed on a parcel.  Since Section 30411 discusses percentage of
wetland area as the standard of review for required restoration, the Commission
will consider restoration plans which consolidate the upland and wetland
portions on a site in order to restore a wetland area the same size or larger as
the total number of acres of degraded wetland existing on the site.

    The first priority for restoration projects is restoration as permitted
under Section 30233(a)(7). Other preferred options include restoration in
conjunction with visitor serving commercial recreational facilities designed to
increase public opportunities for coastal recreation.  Thus, the priority for
projects used to restore degraded wetlands under the Coastal Act in a list are
as follows;

    ". "Restoration purposes" under 30233(a)(7).

    2.  Boating facilities, if they meet all of the tests of section C. (above).

    3.  Visitor serving commercial recreational facilities and other priority
        uses designed to enhance public opportunities for coastal recreation.'

    4.  Private residential, general industrial, or general commercial
        development.

    The Coastal Act does not require the Department of Fish and Game to
undertake studies which would set the process described in this section in
motion.  Likewise, the Commission has the independent authority and obligation
under Section 30233 to approve, condition or deny projects which the Department
may have recommended as appropriate under the requirements of Section 30411.
This section is, however, included to describe, clarify, and encourage, public
and private agencies to formulate innovative restoration projects to accomplish
the legislative goals and objectives described earlier.








Adopted February 4, 1981





APPENDIX A. APPLICABLE COASTAL ACT 1`1OIECS

  i.  Coastail  Act Definitions

       sectLion

       30101.   "Coastal-dependent development or use"                   '
       30106.   "1Development""oat1demtuL  eeonetors"mcas
       30107.    Eeg    aiiy                                                           ajiy devoiopmnejim  or utse whitth'requires a site
       30107.5 "Environmentally  sensitive  area"                                       mo!'Ijcmtttm   e    o10a~et
                          3O1O~~~~~.  "Feasible" ~~~~~~~~~filkei.) fmiat all.
       30108.2 -'Fill"
       30121.   "Wetland"


                                                                                  "iDeveiopinmolkmt" 111call.1 oil laild, Ill or ummiler
                                                                                  wate,0. 1.11w 1d acU111emaI. oi- erect) on or' ally
                                                                                    alId 1mmatertal. or strilcture; dlaciiargci or
                                                                                  dIalponal of any' d~rEaged material. or of ally
                                                                                  gafneotig3, I IlkjI,   o  Id, I 0 9Or tI-en11uml. wildie;
                                                                                  t'rad ing  ruillovi 1mg, drod~gI~lg, wi~illing, oi-
                                                                                  extractionm of' almy 11atOral~ala chilmage III tile
                                                                                  dellsity or JILCIteSity of us3e of laium11Il, .e-ludilng,
                                                                                  bUt ijt limited to subdivision pursuanti to
                                                                                  t,1e 31ub14IS-k HialolmH Act (commmammelicinmg wRit
                                                                                  Set~cion 661,.io of time (awerimsmest (bloe), anid aniy
                                                                                  Other division of laldl including lot "pliS,
                                                                                  except where time mmmii divIaion is brougiat
                                                                                  alotmil. lom coiiiiect loam wi tim tile lpurchase or sucim
                                                                                  JasidI I~y a ptmiii ageiicy for pulikic recveatoiiomal
                                                                                  kUsej (3hmamige, LIN time13L Omtrist ofO ueOf water,
                                                                                  oi- of accoss tHereto; Const~ructionl revolir-
                                                                                  stats-iiCoil, delnol itlioma or alteration of Like
                                                                                  size of miky structure, Irietiudl-sig ally faclllity
                                                                                  or aniy private, uhi) le, or muumid.ellal WAiI ityj
                                                                                  fmiel time removal or Ikarvestlitg of mmajor viegel~otitiom
                                                                                  other timaii for agr.ictiltural. purpionses hehll
                                                                                  havvestilug, amid ti imbr operatIomm imi utcii "ro
                                                                                  Iiii accora'eiame  wit timat limber havveslti plmg~dait
                                                                                  fithlJttILed p~alrallaimt to thle pirovialolksm of time
                                                                                  Z' ierl-Hojedi y Sorest Practceo Act or .i9'13
                                                                                  ( cfmimimeiH 11111 mmg  i ti1en1    m  i511I).
                                                                                      Aq ti-jouIIIli  thisi8~~tlom   "I't ructulle  Ilwmillies,
                                                                                  bU11t I's mmot, 1 I mmmted to,  ammy holi d ling, road,  ph pel
                                                                                      CImmi'(101mmmIm  tsipihomip aquodlict,  tol ejmlmome .1 lime
                                                                                  itmi l o ~  i i   vhwh-h-m  pow(,w mu 1,-11.11Uilw  11aild 4ll v,rIikitlomi




1. (cont.)




   "ELluargy faclii Iy" 1118and ally puii Ic: or [it-vaco
          I)I4a(et I ig  prdui rggelleraLi lig  sLorinrgff
    LraluisItLLIaago or- recoverling facilJt AiLYr
   elew-Lctl iy, natural gas, petrol etwil coal,
   or oI.Isor uource of energy.




    "L1 ivi rmmi ua1]ialIy nonal Lve area" Mansac   ally
    saroa In whilci. p1lant or azil.al. I ife or their
    ImbiaLaaa are elther rare or ospaciaily valuable
    Imcimso ol' Mieir special nature or role tirt ask
    feclsytiLemi andI Whisch could Ibe easily dl aturlied
    or tiegratl-lid by likunall activitiez3 and developileiats.




    "I.,asI ibl flia" asaa capable of bel aig accompli-alled
    Iil a 131wc0*anfl. nlianner witlais a reasonabl e
    p~~orlo of time, Lak lug into accounLi ecoanuimic,
    eauvi roimauseLall socilal, aanl LeeAINK)oHIcal





    "Fl'l"l' ineanss eartLii or aiw other substance or
    inaterial, lailtludling pilltaga placed for Clio pur-
    poses of Ierecting "cruccures thereonl placed in
    a oulmoorgelI area.




    "Wocia(I, aud"aeans I atult witi Lii at.th coastal zoite which.
    mlay lie (.overe'l pariocllcall y or IjoraneakaUaay wit-Lb
    :jlaciltow waiter anid Iinciutae jalltwal.ar maaralies, lfreai-
    wrsitig ii11aatrshest opcii or clo.-ild brack isal water anarshica,




   II. Coastal Act. Policies for the Location of New Boating Facilities


         Section

         3021,.  Recreational boating use; encouragement;                               i.',
                                    facilities *                                   ~~~~~~~~~II'eroased recreatlonal. boatitig kino or eoaaai~a
                                                                                     waters ithal.1I lie casi-ouraged-, lit atenordasiro wa it
                                                                                     I-ills (JIviSI(IIII Iy dievoloplamg dry altorage aireas,
                                                                                     Inacreasitig pub'i14Ic fiiimchia zg facl-.11Lies, III-(]
                                                                                     vi dhig addlll iouil beri.Inig space.A ea xi stiLg
                                                                                          Ia~z~aos, . limi   uo ik~-walt~ox-depondueaa. I atil ainus
                                                                                     Miat cotil-ozi acces.9 cori-Wors asd piroci tide
                                                                                     ljoanatg stip~port Faclil I tis, proviultaig harborsv oAf
                                                                                     ï¿½Cretga, taatd 1ky prov-iding for slew buaiaing
                                                                                     i'aeil li ag lit iiatural hiat-bora, SION Irt cII water
                                                                                     areCas, asil! hi aritas drudlged FIowa dry l and.


I-.



Ill.  Coastal Act, Policies for Water and Marine Resources and Envivonfnentally
       Sensitive Habitat Areas

       Section

       30230.  Marine resources; maintenance.                     ~120
       30231.  Biological productivity; waste water.            I M iii    eltln"salb   nlial"l  lhlcd
       30233.  Diking, filling or dredging.                                 Mrn   ooic~   hl   emmlaand   mhtcd
       30236.  Water supply and flood control.                               andi Where feasible, rest1ored,  Sp)ecial l31`01,eCUIlk
       30240.  Envilron-mentally sensitive habitat areas;                   19liali be givema to areas alld species of Speci~al
                 adjacent development.                                       biological Or eConolliic sigxaificaiice.  Uses DIV the
                                                                                mnarinie envilrotmikemat shall be carried out Inm a
                                                                                ainataner Chat will oustaita the biologi1cal prodikLamcvity
                                                                                of coastal watera aamd ULkat, will mata ntain heal thy
                                                                                popul atioois or' all species of minarinte organa isms
                                                                                adiequate for iageiicommeialrecreat ba mal,
                                                                                ad eit ific$ and educatiomial purposes.




                                                                                Ilime biological productivitLy agadl tie quality of'
                                                                                coastal waters, st~reams, wetClands, estuar~lese
                                                                                anid I ai( ". appropriate Lo maintain opLIM11111 popt-.
                                                                                latloams of' amarline organismms and for the protection
                                                                                or hufflan lineall tShall bea 11mmaintalned WHIdP where-
                                                                                feasibile, restor-ed tHroughk, ammong othier ineiams,
                                                                                muhniziiimoimg adverse effects of' waste water   s.l-
                                                                                charges anld elltrai. mumielat, controli  mg rluloffl
                                                                                pravelltlaag depldetion of gr-ounld water suppli[es
                                                                                and subsLatit ial 'Interference witih surface waet r
                                                                                flow, em  tou agg waste water reclamiat oI
                                                                                111ikalinatlim rg aiature Vegetation blafele areas thfat
                                                                                lrotect ri parn an habitLats, anid 1mmi tab mi z ring a Ltea'-
                                                                                ation of' natural streams.





                                                                                coa~tn I waltern, W011111U lii0i1, s.1aaurI n amill Iaku"I
                                                                                Shall 1iba nihLe   1mm ~Iei(lA,-c w. I ti othekr

                                                                                    bImEl'&   II() ~ I'0ik.511)1 U l :Coas uv i rain mmi(ta IaIy daummal-a
                                                                                 I im    .railVi, fiua lm Vi-O fees9Ihil e Uil 1A WO-loma
                                                                                      m~miifi  n ~ li y  1, ~~np1'VI iiti 1.o mu I iii mmii n) DIN(WHOL4.
                                                                                     tuni ut mi~ i.~ Iel'Ii'm-ll  stemill uhia ii lie 111ii m  ed to





ii. (co IL.)


            Ho  Nw ol. expl~aiitei pioal-'  (iative.ye allot const-al-                     ( 4 Icg  agadso il-dsposal  sabl I. la
     delantitlut ii.             ral- Klewist lCc .  I   Inetic)tailaig (.011-         planiaed asid carriled ouL Lo avoid ci gmaifieait,
                         111011cial 1,131111111                                        d~~~~~~~iltarupLioti La miarille 111(1WI (Hird e liaiILaln allot
                            ( :~)  Ha  tile lii tag cxi il iig, o   recioriwaLev ci rcuiatloi.   Drodge spoilis an 1l-1)1 e for-
       (2)v tiasidy  aidtigel   oxlulaiac , iir  res~ c is-ig ivigloiiiecaeptmiuea    iolileIainore fr
                         ehtattatl a~  I~tmii mi  Iaeii ift,1,esneIberIIaitig  taicach I~repoeisa loi  shorid ale beacheslior~ .1ora
     iwiou I tgmlyao  atmilp.11 doai  iauiml IIIe'SII Iaviga renip
                                                   V41.130  111,-11,11ilkl, 111H      f(c)  puradptose Lo appilate o ealie r               JarOicIto 

         (-I)  ili t wmClai d areas otily,' eitlratiac  cliauniel                          (c lii     a sec iond ktog   Ciliog olir  (irodgisigin 
      I'm  loom 01 expatudosi hoeitivg facililles; 'aud iII a                           exiailai seamluar~digs and wellandor  (1iacl1i cig ti]n

       05   i li anii  (Jluame puratiatti Lo subdivic lIot  (1)) ol'o   eliliatte the. IuiacLl onal  Cajpacity of' I-le we-l'latmi
                                        rur boa~oig ValULI-asIf, hkor ecltuary.   Ally alteralion or coastlel  woilatais
      -Ao (lt j0lt Ii~lt IIia~  i   at111c~                                           Idetlit,1ied lay Clioe Ibiartiuteii;kt' lao iti   awd (Litte,
     colijuic-Leioll wil,1 ll. niula hULIltg facli 111cc, a miub-                     1itIciAd~fitg, ol    NIL , 11111Iled LO,  Lile 19 COUjLti
     detalijll iii  aoL it of Clio e (tgraded welatiuti                               we     ndc -dtai.fe    nhsrerteild
     oI.Omsorill mmil  iia allallnod an a biologi~cal IY pro-                                      14Ac'jaiai lio   Prior  Ai s oraliher  etloct1.  e'l a
      flieu ye weCl aud1  provided, however,  Cha.it. III)                             ol "Aqualto I'-0HCa forua,  dai    e liite caLo    l very iiti MW
     t.vitill. ulial I  ici size) of Clio weLlarid area used                           hi    eIalpal     ei   ttc    elrhu                        srs
      Coi mi.cuic  Ixac.i ig rak.I lily, I uchuditig ijuvtia i g                        I(Adalitlrmte   ratdy-VIRieimrela  ficit tig  acti i   measti  s
     spaceu  harti tg 1)anIis taiincessary tatavigaL lot.                             Ridega  flay,  alu]dkotvel-opitent l n already deve1.1up(310
      1.it11mtIsiu    111,  ally Aioce.-Juary sul)p~ovt Derv ice                       par-La of south :fair Dl)ego Day, If oilithewise  iii
      rao.Huca I      a  greater Lital 25 percumd. of theo                              accorciatiac  will.Lilts  divIsionl.
         Col-l u eaili areaCij it, res tiored.
                  [at e0p'n coamulal waLers, oilier iita  wt.L--                      lof   h    Uricno    il  scin    cuimr  i
                    (4)~~~~~~~~~~lo laki                                               fioslhisa fad  111 en  Ilk 11011ea Bany  iteaks Lthal,
      iatiiff] ,114:41luiiug -Itr-eamic  eu~ari en,                                    Ilk)iee~  tao lesn Luai 1k) 1erCentL Of all boat'llag fatil 1.1c
      tIkw Oll expaailidd  Wiattijtg racii lli c.
                                                                                     iprotiused Lo be developed or Imtproved, Where,
                                                                                     skuch Itimpixovmient, woul.d crea Le addi Iioztia    -rt~is
          (5)   Incl.dektlal public service IMuI-I)OB0a.                  II ibmiega  flay. shall  lie designied and  isned for
      Illcludlig ilg  hailK   hail  ed Lo,  burying cald cc                          oiietes    ~~t~m(alvl   c
      ando pi pell or I nspection or' piers amid maitibetm-
      altee tit' wdting lnamlcake  tu  outrall 1iihes.                                  S!(,'0,0
          (6) Hhieiral exuracti-on, Inucludineg sanid
      rov  rebtori aig beaciaea, except tin etmurouitentally                            ;lhamaunch I at i 0mm, daiim,  'Othr 0111 1' uuiiati. I ai
      Sotnil" ive areas.                                                                1111.01-Alotin  oft rivarn aftdr stroaloishallc      io'
             (')ifesboraliota1 pIIarOese.                                              porade  [,he  lest, litle n iota 11iaaNaUreS feCant ila
          (H)   Nauesllalatilue    rB~tarltil he ii umi led Co (i   ne cnsuary water nmahipl y
               (U)   N~ure  ~ndyaettacul Luevrc ml  t                                   rojeclc, (2) I'looll collirlol projecltmi whlaoru  ilm
                                                                                     oilier imiellod foAw     lel   a  exIntl tg  inl       larz
                                                                                     ini 1.ii I'l(oodp fit;11I   feunlsid. e aftad whriten mitic
                                                                                     I aiOLOVuIA,lu  IS Illt-iuno-tar y for  Ilal  Ic( vijal'uy (,II
                                                                                       I.)  r~u  cl , fud  c.-AI; ig deve I opulilL m-  41 (J)

                                                                                           II... .    I  .~~~~Im 1)1-111,1.I  11111.-II'io. I..-I~a










   (a)      vovirolentally neinsl Li ve hahi tat areas     Where any dikce amlt fill1  developmnent 1.8 pet-all Liedi
sall li e priotected againat any slg[1iri.cantl  dis-        ~atwiazads fil collf~ol'llt y WithLi this dtivisiur,
I-kylioll of Iaahi-tat valuen, and only 4805 depetatleni     i iainmaue   hi   nldat  aIIiithn,
ola suolk resources Shall be allowed WI Lthlt Buchl         111igt.1er a icakrinolitao shriall  arlueas af equald.11f
               areas *                                     ~~~~~~~~~~~or greater biotlogical. Productivity or openumag upl
      (14k-velolimusiL In areas adjacent to nifvironl-      ulqu~ivl-ent, areas t-o tidal actiori1 provided, flow-
immeaual ly :snitv  habitat areas arid parks an-i           effer, Chat 'if no appropiIate restoration .9iLO
recrea~ton areas shall be sited and desig-n1ed to           Is available , anl-l In eu fee sufficient to providie
proveuiL lImpactsC  Witch Would significantly degrade       all at-Oa Of e'uvlUA111t Pluductive value or surface
such areas, and shall be compatible wl-th thle con-         areas uluall be dedicated to an appropriate
tLI uancee of Buell habi tat areas.                         Public 0aencY, or Buch replacement site lhall
                                                            be purelhased before tile (like or fill developammntli
                                                            may Proceed. Suell amitigation measures shall lnot
               ~~ii~~~O, i0255. ~~~~~be required for temporary or  hoart-terna  fil, or
                                                            flktugi provided, that, a bond or Other evidience
                                                            of "iaieantla 1-63`pom15AsidlLY to provided to assures
     Coasah-~epiuhI&Ldevelopmaents  halkli have            that. rostorationl will bie accomiplishied its tile
 piriority over other developamenita onl or uaear           shiortest feasible Cine.
 thIe OJaoruheiIn. Exccept an provaided elsewhere
 Inl this aldvisonr coastal-depwandeit develop-
mcaah~s .9liall tnot be aited in a wetland.
 Whmeti alinronrlrato. coastal-related decoi
 mu.111a A-m-n-aoIll ka- accolmfodated wILIA~ziu reasnable
 iaroxiaulty to tile coastal-depeneidluu usea se
 Su~j1orL,, -T-aaaond by Cal. Stats. 1979, Mh. 109)0.)




IVl.  Coastal Act policies for Wetland Management. Programs Involving Other State Agencies


     Section

     30411.  Department of Fish and Game; Fish         S      W            0JI
              and Game Commissioni managementI
              programs; wetlands.                                       (a)  11me iepartllomnt ofC Filh and luaicm andi
                                                                       Ume 14 al andl Game Waoinnms~ion are LIAO principal
                                                                       state agencies responsibie for the establish-.
                                                                       went andi control of wildlife and fishery
                                                                       111allagemenet progranms and neither the commuission
                                                                       nor any regional coimmla-sioti sball establish
                                                                       or impose any controls witha respect thareto
                                                                       Chat duplicate or exceed regulatory control a
                                                                       estal-11I.Shed try such agencies pursuant to
                                                                       specific statutory requi remosits or authorization.
                                                                          (b'iliah WIjeartwentL of Fish and flamilke, In
                                                                       consumltation witl.Clhe cooviiimmtson and time IC-part-
                                                                     wammnt of' Navi gationm andi fitean DevelopumentL  amay
                                                                       stiudy degraded wetlanlda amti identify timoseu
                                                                       wimicih call nost feasibly be restored to cost-
                                                                       junction with developiment of a boati~ng facility
                                                                       as provided in sbdnilvial-or (a) of' Sectiona 3023.3.
                                                                       Anly alit-I study salali linclde Consideration of
                                                                       all of' tile following11:
                                                                          (T) WhIetiker time wetland isto tnseverely
                                                                       degraded anti Its mmatural processes no sub-.
                                                                       tawittally impairod thialt ito Is t caiabl~e of
                                                                       recovering and 1mmaillamtIni11 a III& leVel Of
                                                                       b1)10ogi cal p) roduati vi ty wi.thmout major restoration
                                                                       activitis.
                                                                          (2) Whmethmer a substamtatla portion of tlime
                                                                       degraded wotl and WCutI ino event tons thani
                                                                       15 purcent, can fie restored aud imairitaluned
                                                                       as a imighly productive wetland lain conjunction
                                                                       within a boating facilities project.
                                                                          (3) Whmether rest~oral~toma of Clio wotland'a
                                                                       miatuaral valmiene, i mmcludlmmg its blologi cal
                                                                       produmctivlity amid wi idlif  h '  amldtt features,
                                                                      .(-aim imool, UeaulIlily lij aitml eyed and waimajitaimied4
                                                                       III Cumll,111nmet on withi a Ihost ltg fact iity ork
                                                                       Wimetiher there- arca otimer fea1sible ways to
                                                                       alimIle-ve nlicl valunn.c




I v. (Cont.)


          The7/i Lt'givlatiirv Ii,,d' :11d declares that salt w.'-ter
      or lrawk is/ so :ster aquactilt-ur is it coastal-delejaildeInt useo
      ws hich s/u uld be vnL'our.,gcqd to aukgmient Ibod supplits
       In   to further thn P)oliciws yet forth in Chapter 41
      (voin iencing siith 'Sectio,, SW)~  of Dti-vision I. 'rie
      Di parinjent ofl'lisl aind Giunaru ,v idenitifs, coastdisites
      it deell)-vappropriato for aqiiaculture facilitic Such sites
      Shall -he identified in conjunction withe the appropriate
      localI co. istal progqrarn prepared pursuant to this d~it -ision.
      'F/i conmajs~ion, and is-'herc appropriate., local
     gove~ rnments shall, consistent u,'itlh the coastal planning
      requuirements of this division, pro i'ide lbr as mn vn coastal
      sites identifi-ed b V the D~epartmnent of Fish and C~ate lbr
     sucehiusesiasiarcei-consivtent ,vith the policies of Chapter 3
      t commumvning wvith Section 3020.9) of this division.






V. Coastal Acts policies Governing Ports

    section

    30700.  Ports included.                             .'7-1
    30705. Miing, filling or dredging water areas.
                    30706.  Fill.                                 [h~~~~~~~~~t-r putrposen of' this dlyl.13101, notwithstontiitg
    307083.  Location, design and construction of                any othaur proVISOi~as at' this division except as
             port related developments.                           sjpecificially sta~ted lii Clits clipipter  thist chlAj)r
                    30710.  Jurisdictional map of port.Shall govern1 those portions of' Lila Iorl5s of' lhicnoetie
                    30710. Jurisdictinal ma p   o f         port.long Reach -Los,.Algelef, ardi San Dliego Unified
                                                                   Port Di1strict, located wIthiii the coastal Wtio'
                                                                   excluding any wetland, estuary,.or existlaig
                                                                   recreatioii area ItidIcated Iii Part. TV of tile coastal
                                                                   plane are colitatiaed within this chapter.




                                                                       (a) water area'a may he diked, filled, or dredgeil
                                                                    Who,  ossent with a cortAfted port iiaster plan
                                                                   only for Clio fol-lowhig:
                                                                       (1) SUCII COUStruction, Aleepelnirg, wideuting,
                                                                    101i90lihiai g, or maintenance of slil p cblaiiail approaces
                                                                    shipl chlsnitel a, uriling basils, berthing areas9 and'
                                                                    factilities Hs are requIrIIed for the safety and Liac
                                                                   accoaimiiolaliohi of ccoimmorca and vessels to b~e serveil
                                                                    by port facklitilea.

                                                                       (2) How oi- expandied facilites or waterfront
                                                                    lanul for port-relatad fucilitiles.
                                                                       (3)  Now or expanded emoawircial f~shiaag failii-
                                                                    Lies ox- recroaaionala boalliag facilities.
                                                                       (14) flici'doltai public Service purpoaoses, iII
                                                                    (.11dingH buti lius  limited to, buryling cables or
                                                                    pipes or InpapctIoia of piers said maiauauaiance of
                                                                    existing Intake and outfall lines.
                                                                       (5) MhrUrtia ex~raC1,1011, IIIAt alwhhig .9aliut for
                                                                    resutring buachea, except In biAologi call y sonal-
                                                                    Live arean.
                                                                          (6RIestoratilon 11iurIXIBL- 01' urva~ll oz llow





  V.  (cont.)


          (7)  Htalsro sulady, laaarl culituror tip siml Iar  '(b)  Ilse tiature, lo0cal.ioau, antI extenti of ally
            ~~~~~aceoa ta-(I)livielat viels.                           fill  Im.I"AUnEg Liao disposal of dredge spoils
          (11) M4ama- rill For imaprovitig slioroliiae                 withiat sat area designaited for fill., shall 1111.iaaal1zo
       appearance or publ~ic access to Cthe water.                     Itarmuful effacta; to coastal resources, such as
                                                                        water quality, fisht or wildlife resources, recrea-
          (b)  'ilia design anti location af slow Or 0 X_              Lional resources, or saimi'transport systemns, andi
       Ijakaaled facili ties shall  to theo exteaut practicablee       shall mainlaualze reductionas of  ithe volane, Btu-face
       take adlvantaige of' exishluug waler duptius, water             area, or circulation of water.I
       c-ualaisiltatiedue  onpaternsllabl   euneain mlso asal             (c)  Iflia fill is constructed in accordance with
       ble t  rdimicnisrollabe needifolall sora                        sound safety stamilards which will afford reasonable
              Lo (lmlal-h Cio  eed foruture dredging.                  protection Lo per-sons said property against Cthe
          (c)  iPreugilau salali be plannked, acihedulads &aid        hazards of unstable geologic or soil conditions
       carried outi to minimiize disruption to fritshand              or Of frlood or. sio11 waters.
                 *  hi    d   lro duaug and   n igrat ons,  arine luabiats,(d)  Ilia    fill    In  consistent   with   navlgational
       1111d tiater ui rcui ation.  ilOU0to sedlimentls ors a ey
       "edluimial. ealuriate shall be analyzed for Coxi.-saey
LO ~caiuLs prior to diredgiaag or mining, ani wAerm
       wacer quality standards are "lot, dredge spoils
       may 1)13 deposited lit Olson coastal water sites                 St. 'XY i)lI.
       duloimuated La o auIntaizme potentilal adverse him-
       pa(-s an mrnuslle (rganisima, or I a  cilaahiuued coastal       All jiorL-ralated developmaents strall be locatedo
       wad~eas dhesignataei as fil~l sites lay Clio master             detifguledl  andi constructed so as tot
      Atlan wluero sm.Is spoil caaa be Iniolated anda con- *(a)  Niuaim10ize substanlial adverse anvirtui-
       tained, fir laI fill bastins on upland "ites.                   111~iitrcs
       iveulga manLoaial s9hall not he transported fronum                  (b   Inuuilactse.altafi  mjfteL
      coaaltal waters into qostaaarine Or fresh waler                     (4Muiiieptniltafccufi~
                       ar~~an for di ulluosal ~~~~~betweell v08.sels.
                        art~~a.-i for dinpingal.                            ~~~(c)  naive highest priority to theo Use Of
                                                                        ext sting l and space within harbors for port
                                                                        purpIOses, including, bult not laimanle to Iaus v-
                                                                        gall onal. facili Li s, shiapping 11ndusLri-esa, aid
       Iau addition to Ctae Other provisions of thils chapter,     n    aecessary support arid accesas facilities.
       Clio policie  contained In this section shall govern                (11)  Provide for Other beuuoficial uses coaa-
       ftillaug seaward of Clio naeati high tide line writhin           sileatot withli pastile ru   ctruAl, iau.l uding, baiL
       I-le Jurisdiction of portas:                                        11,I Hlmi te(I to, recroation amid wildi fe luali lat
          (a)  'Ili water area to be filled shall be Ciue               aimes, to Clio exteant ruathbiJIV
      uaulaalaaaauiu 11uccssary to acluteve Liao purpose of' hute         ()1aoaaeri   evc   opr   r
                       fill.                                           cud u~~~~~~~~~~~~~~~~sial ,1Li coaaapalay tite ol' fact-IiiLI s.





V. (cont.)





     Witlaiuif 9(3lays after Janluary to 19'1'1 the Cown-
         iia~oi ~ia1,after public tearing, adopt, certIfY,
     amid i'ti  wWkt each lkorl governing body a miap dellhi-
     eating Like present legal geographaical oWvitmariea;
     of each lxort' jmmrtadictiomm wthin the coastal. zone.
     Mme (?o1milml soo ualkhali 1    thini such 9)0-day perloud,
     adolA amid cortify after publitc hearing, a wap delis,-
     cal~ting bomamalariea, of any wetland, estuary, or
     exist~ng recreation area indicated In Part IV of
     Lime coasalaI plan witlaim the geographical boundaries
     of each IX)rt.





'VI. Post-LCP Certification Permit and Appeal Jurisdiction

     Section
                                                                 SEC. 30519
     30519. Termination of development review
             authority; exceptions                                   (a) Except for appeals to the commissione, as
     30603.  Appeals after certification of local                 provided in Section 30603, after a local coastal pro-
             programi; grounds; standard of review;              gram, or any portion thereof, has been certified and all
             finality of acts                                     implementing actions within the area affected
                                                                 have become effective, the development review
                                                                 authority provided for in Chapter 7 (commencing
                                                                 with Section 30600) shall no longer be exercised
                                                                 by the regional commission or by the conuission
                                                                 where there is no regional commission over any
                                                                 new development proposed within the area to which
                                                                 such certified local coastal program, or any
                                                                 portion thereof, applies and shall at that time be
                                                                 delegated to the local government that is imple-
                                                                 menting such local coastal program or any portion
                                                                 thereof.
                                                                    (b) Subdivision (a.) shall not apply'to any
                                                                 development proposed or undertaken on any tidelands,
                                                                 submerged lands, or on public trust lands, whether
                                                                 filled or unfilled, lying within the coastal zone,
                                                                 nor shall it apply to any development proposed or
                                                                 undertaken within ports covered by Chapter 8
                                                                 (commencing with Section 30700) or within any
                                                                 state university or college within the coastal
                                                                 zone; however, this section shall apply to any
                                                                 development proposed or undertaken by a port or
                                                                 harbor district or authority on lands or waters
                                                                 granted by the Legislature to a local goverr:ment
                                                                 whose certified local coastal program includes the
                                                                 specific development plans for such district or
                                                                 authority.





VI.   (cont.)




         (a)  After certi~fication  of Its local con.A&I.a                          (ta) 8 gr ~ounds for all appeal pursuant to
     p tsgl-1111  ara action taken by a I ocal 1pvoranileat                    paragraphs (1) of' subdivision (a) shall be
     usa a c4)autal duovololimseat peiadt ajaplicaLion asay                    limit ed to Like followinge
     lit. ajapealed to teClioowiuslltsoia for maly of Cliot                         (1  Iflia davololsuest, fails to provide adequate
     ful I Iowl nsg:                                                           Physical access oi- public or private coiiisaserci al.

         (1)  liumaiopsaessto alppriove  lay Lile local go voka-                ueo  . trfrswi    uc   ss
     saws a liot.weea Ciho sea asad CLis Vi'ral, pidlaid  roadt                     (2) hIia davolopmeat falls to protect
     paiaailolliag Ciso sea or w~itnas  14)) feeL of theo                      Public Views froms asay public road'or from a
     hail asd uxteas, of asky beacla or of thke muats high                     recreationsal- at-on too and a-long, thle coast.
     I'llin liine at' tile sea where thol-0 l JIG      bajacls                       3   h   lvlIa  o   osaiiw
     wich uhat-e to Chot greater diatasace.                                        ,. ,           oissesaW I C       I    eA
                          (2)   appl-Oved by the   la~~~~t-ahaan ie ast"111Islaed physical scale of Like area.'
       (2)ii jtl. Isiluo-dwihn aagr~aapprv   by t   lof'  goveik                    (4) 'Ili development may aigaatillcantiy
     -Jahu'hl-viah-os losiatax on Ltillidasoss   ~IsegdJns                     alter existing natural laradfomns.
 Us  psaal I s trust lalathJ, withanl a) 0  feet of' ally wIetland,                 (5) lisa developisemat does not cosaply AdL11
     uwil.1al-Ys'y  treallpas, or III 'iMsg  1'e fuL.1 Clof        Lop~ of     sisoreline eroalon atid geologic seatback
     that, aeawiarl- face of' any coastal bluffC.                             raqul reissesata,

        (1)  l-volulmlleilsto approved by Like local govda-sa-                     (U) 1110 atdsaidard of review for ally develop-
     msswl, slut hnald sed witlain pak-agrapis (i ) or (2) of        Wsent reviewed pursuiasL to subdiv-isiona (a)(3)
     1,11h5 Slaahhly-1.3ill located in a sesasitive coautal.                   ahall be iII colaformity with Cho Implemsenting
     11IM.Mlsa':1 arsa Ir1 Clio allegation on appeal. In that                  actions of theo certified local coastal programs.
     tHe 11U4,uvo11Ojasan is h)lt, In COlsfO11111ty W ith CLis
        haslaessestngactlosas of' Clis lo-rtifid Tocal coastal                    Such  actionl shlls   becomae final after tile
                       hI[(It~~~~~~~~~~~~~~lols.1th worklaag clays uadess an appeal :1s filed
                                                                             withial that Lille.
        (11) Anly devalomissent approvaed RAY a coastal
     I-i~lity tisat is not desi1gnAted as thle lprisselipa
     jacaissi llud Also aIlIer the zoilinsg or-diniasca or zolliisg
    MAll   . mtiutsap approved purijuasat to (haapter 6 (colaS-
       11110,111 wi tha Sectihon 3050).

         (5) Any davellopssaont which constitutes a
    sajaor public wtrltk p~roject or a major energy
    ftl  I CiY.



VIII. IjevelopMent Authorized WithouL a Coastal Dovei~qjperiL Permit

      see Lion

      30610.  Development authorized without permit.                SE6.3010

                                                                     Notwitlhstanding any provision In this 41iviaioll Lo
                                                                     thle contrary, no toastal development- perilit shall be
                                                                     required pursuant to this chapter for the followinag
                                                                     typos of development arid in tile following areass
                                                                         (a)  Ianprovemaento to existing single-famIly
                                                                     restidenceal provided, however, that tile commission
                                                                     shall opacify, by regulation, those classes of'
                                                                     developnimemt which involve a risk of' adverse envi-ron-
                                                                     Iiaental effect, and shall require that a coastal
                                                                     developaiteal. pemi~t be obtained unader thin chapter.

                                                                        JbI IdivroveIIaents to any1 structLure othev* jjha
                                                                     asingi e-fam~iiy rsdepluene RE 8 Public Narita
                                                                    facility: pio~e                 li-ar   .the commssioni
                                                                    shl ARRS11'Y" b        Tens~ioxa       ths ypes Re
                                                                    imaprovements whi-chm J Invo~   a risk of
            0'                                                    ~~~~~~~~~~~~~~~~~~~adverse enviromiental. effect  2dera sj
                                                                      ~ffj~t  i~lc seems*, gr M   nvolve a chaisge
                                                                    In use  2nta~   osa  Auic  o if t       di lylgion.
                                                                    Anl figrovewesit so Rj~ftIredif by1 the   igniss ion
                                                                    shall reqtuirg .2 coastal      d eelpmenmt,01ML

                                                                      4-I4P~1Maintenance dredging of extesting navigation
                                                                     channels or inioving dredged material from such
                                                                     channels to a disposgal at-ea outside the coastal.
                                                                     zone, pursuant to a permit from Like Witted States
                                                                     A-ily Corps of algilicors.
                                                                    4-e){W   Rlepair or miaintenance activities that (to
                                                                    Kilt result In all addition toll or enilargertieati or
                                                                         is~~aslsiof traobject of such repairorat,
                                                                    teanaed activitiesi provided, however3 that If
                                                                    tile colluission determoines that ceertain extra-
                                                                    ordinary methods ol' iepair anid analsitenance that
                                                                    inWolve a rI'lsk ol' vidistantial adverse exiviroit-
                                                                    mrental impact, It Whall, by regulation, require
                                                                    that a permlit be obtained wider- thils chapter.




VITI. (Cont.)
                                                                                As used lit this aubdlvioloim. "bualk" ieansi
                                                                           total luterl   culic Ellgune #a piga sured fromt
       (-)(A~Aiiy cate-gory of develolmumimt, or amay eat~e-         C      lio exterilor surface of Mie, structure
       gory ofI .iovoiopineimt withimi  a 01)(1:i ical ly defined01         Tigi-mmlod by 0-al.* Hsta~. 1979, Olt. 91.9.)
       gy.-ogr'aphimc area, Chat Clim  oium           oef
       ailca' pubii c Imearimig, aimilt by two-i, Irds vjno
         ILD alloillted illeimbtirs Ilan dail3501'I hod or I delitlIF elel
       am11 mlwi tim respiect to Whichi Like CouN11il as.loam han
       lomimid that Chare s In o pmojenlt~ai for anty aigamif-
       icaski. adverse affe*,s c~ber Jimilvldmally or
       cmmmmifiiatlvely, oil coantal. reea(trces or omi public
       accessl to or along, Clio coast amlId Chat such ex-
       (.111alomwillW4 not Impair Lime ability of locAl
       givormweiiem to pIreparo a local coastal livograum.
       4-eXi  'l Ime I natalIAL oam, Letti igl awil p1 acelemmt
       Ila ijorvico or tlim replacemenet of ammy necessary
       Utili1ty COnm06c,1on between1 ama eXlsIBC11 service
       fac tI Ii Cy amid any development a~mao vedi 4mrstiamt,
       to Cilias dlvi 510111 provided Chat Cioe collmualastlom
       tony, wahere amecessary, requimro rousoamahie ConditLions
LO ~to mmItkitgate ammy adverse Impacts oil coastal resources,6
       l miktiuil mag seentic resourcesi,

           {g,) 'Ili replaceument of A au'structure,
       oumlertha 1,11a pblic works facility, doutrojo
       b, naiturial dilsaister, Ruch I-eplacement
       srticuture shall conforin to appi ical~olexisting~
       jutidi~ reipilremume,~. shallI ba for Clio same use
       an Like dositroye'l structure.. simall. not exceed
       ~j jim !L:s ilafo   area. lim  ALtA or b~ill  o f Liao
       ilegiroy~d strcture b~y emore than 10 pox ciii.,,
       "ait aimall. be sited inj le I ua locatiomi 0mm
       time arrucwtcd provorty as tlime daL~ rd Urpwturo
           As imuod jjj jjhje oul~tyjjlot, "amatural.
       (II B11m11.t1-1 geans anI s~iLaatioim jai which Clm im frce~
       or forccn wHi cu  denroyo  Climo s~ttructre to
       jie trial limced wor iielguiem Rj ontrol of I a
      o! wl I i K




                                                                                                   APPENDIX C. SUMMARY OF FEDERAL AND STATE REGULATORY INVOLVEMENT REGARDING
                                                                                                                DEVELOPMENT IN WETLANDS AND OTHER WET ENVIRONMENTALLY
                                                                                                                SENSITIVE HABITAT AREAS

APPENDIX B. RESOURCE AGENCY WETLAND POLICY
                                                                                                       Dredging, filling, or otherwise altering wetlands or associated nabitar
                                                                                                   areas, including estuaries, lakes, streams or open coastal waters, is but'ject to
(Issued on September 19, 1977 by Nuey D2 Johnson, Secretary for Resources] the regulatory requirements of a number of federal and state agencies.  In ad-
                                                                                                   dition to any permits required by local governments, the Army Corps of Engineers
                                                                                                   (COE), the California Coastal Commission (CCC), the California State Department
                                                                                                   of Fish and Game (DFG), the State Water Resources Control Board (SWRCB), the
    The heed to raise thinking, and action to the ecosystem level is especially                         Regional Water Quality Control Board (RWQCB), and, in some instances, the State
evident as it relates to proposed construction projects on wetlands of the                              Lands Commission (SLC), have regulatory authority in'such areas.  The following
state.                                                                                                  is a discussion of the regulatory involvement of these and other agencies that
                                                                                                   issue or provide official comments on permits for alterations of wetlands and
    The value of marshlands and other wetlands to the economy and to the overall                        associated habitat areas.  This is not meant to be an all-encompassing analysis
long term quality of life, has been described by many, including Gosselink,                             of agencies' regulations, but an overview of those agencies that are involved in
Odum, and Pope (1973) In "The Value of the Tidal Marsh'; the Day Conservation                           permit processes for these areas.  This discussion is intended as an overview
and Development Commission (BCDC) in "The San Francisco Bay Plan'; and the De-                          for general information.  For further information regarding the specific
partment of Fish and Game in "The Fish and Wildlife Plan."  In spite of these                           responsibilities and duties of the agencies, please refer to the references that
and other efforts, filling and other destruction of the State's wetlands has                            are cited in the discussion, or contact the agencies directly.
continued at an alarming rate. Most of San Francisco Bay's wetlands are not
protected by BCDC. But, before the Commission came into existence, over 225
square miles of Bay wetlands had been filled or destroyed.  Still not all of the                        I.  Federal Permits
Say's wetlands are protected. Over 40,000 acres are not in the Commission's
jurisdiction.                                                                                               Under Section 404 of the Clean Water Act of 1972, also called the Federal
                                                                                                   ,Water Pollution Control Act Amendments of 1972, and Section 10 of the Rivers and
    Portions of other important wetlands still exist along the coast, its es-                          Harbors Act of 1899, the Army Corp of Engineers (COE) is the principal federal
tuaries, the Sacramento-San Joaquin Delta, and along several natural bodies of                          agency involved in regulating development in wetlands and associated habitat
water including Clear Lake, the Colorado River, and others.  Many of these                              areas.  A COE 404 permit is required for any operation that would discharge
wetlands are not under permit authority and sometimes federal authority (Corps                          dredged or fill material into any waters of the United States.  A Section 10
of Engineers) exists over specific projects and areas.                                                  permit is required for any operation that would excavate in, or locate a
         4                                                                                             structure in, navigable waters or any operation that would transport dredged
    it is the purpose of this memorandum to establish a basic wetlands policy to                       material for the purposes of dumping it into ocean waters (see COE publication
be observed by all Departments, Boards, and Commissions of the Resources Agency                         "U.S. Army Corp of Engineers Permit Program, A Guide for Applicants," EP
when developing projects or when authorizing or influencing private or public                           1145-2-1, November 1, 1977).  The COE has issued regulations for processing
projects and permit actions taken by other authorities including federal, state,                        permits and has developed policies to protect wetlands (COE, "Permits for
and local agencies.                                                                                     Activities in Navigable Waters," Federal Register, Vol. 40, No. 144, Part IV,
                                                                                                   July 25, 1975) (33 C.F.R. Parts 320-324). In general, the COE will only issue a
                                                                                                   permit for altering a wetland for water dependent activities, and only if such
Resources Agency Basic Wetlands Protection Policy                                                       activities have mitigatible adverse environmental impacts (see also article by
                                                                                                   Lance Wood and John Hill "Wetlands Protection: The Regulatory Role of the U.S.
    It is the basic policy of the Resource Agency that this Agency and its De-                         Army Corps of Engineers," Coastal Zone Management Journal, Vol. 4, 1978, pp.
partment, Boards and Commissions will not authorize or approve projects that                            371-407).  Furthermore, applicants for COE 404 and Section 10 permits must
fill or otherwise harm or destroy coastal, estuarine, or inland wetlands.                               include in their application a certification of consistency with the California
                                                                                                   Coastal Management Program (see section It below).
    Exceptions to this policy may be granted provided that the following con-
dition are met:                                                                                              Pursuant to Section 404 (b)(l) of the Clean Water Act of 1972, the U.S.
                                                                                                   Environmental Protection Agency (EPA) in conjunction with the COE has developed
    1.  The proposed project must be water dependent or an essential trans-                            guidelines for regulating the discharge of dredged or fill material into waters
    portation, water conveyance or utility project.                                                    of the U.S.  (EPA, "Discharge of Dredged or Fill Material," Federal Register,
                                                                                                   Vol. 40, No. 173, Part LI, September 5, 1975). These guidelines, which are
    2.  There must be no feasible, less environmentally damaging alternative                           currently being revised, provide the basis on which the COE acts in issuing
    location for the type of project being considered.                                                 Section 404 permits.  ("Permits for Discharges of Dredged or Fill Material" 33
                                                                                                   C.F.R. Part 323).








                                                                                                    The COO may override the guidelines if navigation or anchorage requires.
                                                                                                Nevertheless, EPA may prohibit or restrict any discharges of dredged or fill
    3.  The public trust must not be adversely affected.                                           material after public notice, opportunity for public hearing, and consultation
                                                                                                with the COt, if such discharges might have an unacceptable adverse impact on a
    4.  Adequate compensation for project-caused losses shall be a part of the                      municipal water supply, wildlife, recreation area, or shellfish beds and fishery
project.  Compensation, to be considered adequate, must meet the fololowing                         areas, including breeding and spawning grounds.  EPA has issued a pamphlet "A
criteria:                                                                                           Guide to the Dredge or Pill Program" which explains these regulations (issued
                                                                                                July, 1979 by the Office of Water Planning and Standards WH585, Washington, D.C.
         a.  The compensation measures must be in writing in the form of either                    20460)   EPA has also issued a statement to establish EPA policy to preserve
conditions on a permit or an agreement signed by the applicant and the                              wetland ecosystems and to protect them from destruction through waste water or
Department of Fish and Game or the Resources Agency.                                                nonpoint source discharges (EPA, "Protection of Nation's Wetlands Policy
                                                                                                Statement," Federal Register, Vol. 30, No. 84, May 2, 1973} EPA Regulations, 40
         b. The combined long-term 'wetlands habitat value'  of the lands                          C.F.R. Part 230).
involved (including project and mitigation lands) must not be less
after project completion that the combined "wetlands habitat value"                                     In addition to EPA, a number of federal agencies, most importantly the U.S.
that exists under pre-project conditions.                                                           Fish and Wildlife Service (FWS) and the National Marine Fisheries Service
                                                                                                (NHFS), strongly influence the COE permit process.  Pursuant to the Clean W?5ar
                                                                                                Act of 1972 and the Fish and Wildlife Coordinatiop Act, the FWS and thi. S-S
                                                                                                review and comment on permit applications to federal agencies, includin, COt
                                                                                                Section 404 permits, to protect fish and wildlife resources and to mitrgate
                                                                                                project impacts (FWS, 'Review of Fish and Wildlife Aspects of Proposals in or
                                                                                                Affecting Navigable Waters," Federal Register, Vol. 40, No. 231, Part IV,
                                                                                                December 1, 1975) (16 U.S.C. 662). The 1977 Amendments to the Clean Water Act
                                                                                                particularly emphasize that the FBWS review, comment, and provide technical
                                                                                                assistance, primarily through the National Wetland Inventory. In response to
                                                                                                the President's Water Policy Message of June 6, 1978 and the President's Water
                                                                                                Policy Memorandum dated July 12, 1978, the Department of Commerce and the
                                                                                                Department of Interior (of which the FWS is a part) have recently promulgated
                                                                                                guidelines to standardize agency procedures and interagency relationships in the
                                                                                                analysis of the impacts of federally-approved, water-related projects upon
                                                                                                wildlife resources (Department of Interior, Department of Commerce 'Fish and
                                                                                                Wildlife Coordination Act; Notice of Proposed Rule-making," Federal Reqister,
                                                                                                Vol. 44, No. 98, Part V, May 18, 1979). The FWS and the NMFS, in preparing
                                                                                                comments, and the COE, in reviewing comments, also rely on the policy direction
                                                                                                of the following federal statutes: the Endangered Species Act of 1973, the
                                                                                                Marine Protection, Research, and Sanctuaries Act of 1972, the National
                                                                                                Environmental Protection Act of 1969, the Estuary Protection Act, the Watershed
                                                                                                Protection Act, and others.

                                                                                                    Executive Order 11990 (Protection of Wetlands) and Executive Order 11988
                                                                                                (Floodplain Management) provide further guidance to federal agencies. The
                                                                                                Department of Interior has issued interim guidelines for complying with these
                                                                                                Orders (Department of Interior, "Protection Procedures Interim Guidelines,"
                                                                                                Federal Register, Vol. 43, No. 112, Part IV, June 7, 1978). By affecting the
                                                                                                decisions of agencies within the Department of Interior, including the FWS,
                                                                                                these guidelines further influence the COE permit process.


                                                                                                1I. Federal-State Interaction

                                                                                                     Pursuant to regulations adopted by the Office of Coastal Zone Management
                                                                                                (OCZM} under the Federal Coastal Zone Management Act (CZMA), applicants for CODE
                                                                                                404 and Section 10 permits must include in their application a certification of




                                                            ~~~~~~~~~~~-14()0~~~~~~~~~~-~141-
                                   -14{}-







consistency with the California Coastal Management Program. This certification,
and accompanying data and analysis, must also be submitted to the Coastal                                 The State Water Resouces Control Board and the Regional Water Quality
Commission for review and concurrence.  The federal agency may not issue the                         Control Boards Issue several different permits that may be required in order to
permit until the Commission reviews and concurs in the applicant's consistency                       alter a wetland or associated habitat area.  The SWRCB issues permits to
certification.  This requirement is in addition to those described in Section                        appropriate water and water diversion permits; water quality must be protected
III, below, for coastal permits, although the standard of review will be                             in order for these to be issued.  The RWQCB issues National Pollution Discharge
substantially the same.                                                                              Elimination System Elimination Discharge permits for any pollutant that might be
                                                                                                   discharged into navigable waters, and issues waste discharge permits for any
                                                                                                  development or operation affecting groundwater quality, including erosion from
    In addition, pursuant to the Fish and Wildlife Coordination Act, the COE                         soil disturbances and drainage from agricultural operations.  Both the SWRCB and
must give full consideration to comments submitted by the California State                           the RWQCB may receive comments from federal and other state agencies.
Department of Fish and Game. As the principal state agency responsible for
protecting fish, wildlife and other natural living resources, the DFG influences                         The State Lands Commission becomes involved in the permitting process when a
COE permit decisions in order to protect these resources.  The DFG has drawn on                      project is proposed on land that is owned by the State.  The SLC reviews these
the policy direction of the California Coastal Act of 1976, the California                           projects for environmental assessment and considers the comments made by other
Endangered Species Act, the California Environmental Quality Act, and other                          agencies before issuing a permit, lease or other document.
state laws in making comments to the COE. The DFG has also relied consistently
on the policy direction of the Resources Agency Wetland Policy issued by the
Secretary for Resources, Huey Johnson, on September 19, 1977, which calls for                        IV.  Summary
the preservation of wetlands in perpetuity (see Appendix B for complete text).
                                                                                                      In summary, any development in the coastal zone in or affecting a wetland
                                                                                                  or associated habitat area will require permits or agreements from at least the
III.  State Permits                       ï¿½                                                  ï¿½       following agencies:

    At the state level, the California Coastal Commission is the principal                               1.  U.8. Army Corps of Engineers Section 404 and Section 10 permits;
agency involved in regulating development in the coastal zone, including
development in wetlands and associated habitat areas located in this zone.  The                          2.  California Coastal Commission coastal development permit, and a Coastal
California Coastal Act of 1976 is the law that guides the CCC in their                                   Commission consistency certification concurrence or consistency
regulatory decisions, generally actions on coastal development permits.                                  determination,
Statewide interpretive guidelines promulgated by the CCC provide further
guidance to the public and to permit applicants.  Such guidelines describe the                           3.  California Department of Fish and Game 1601-1603 agreement;
Coastal Act policies dealing with wetlands and associated habitat areas and
explain how the Commission has previously interpreted relevant Coastal Act                               4.  State Water Resource Control Board (permit depends on the operation);
sections.  In addition, the Commission takes under advisement the Resources                              and
Agency Basic Wetlands Protection Policy. The Commission also receives and
considers comments from state and federal agencies, including the DFG and the                            5.  Regional Water Quality Control Board (permit depends on the operation).
FWS, and from other public and private groups; however, the final decision by
the Commission must be based on the Coastal Act.                                                         A permit from the California State Lands Commission may also be required.

                                                                                                      The permit requirements for each agency are the result of federal or state
    in addition to the review and comment role of the DFG on COE Section 404 and                    statutes.  Federal and state agencies interadt in the issuance of permits by
Section 10 permits and on CCC coastal development permits, the DFG regulates                         receiving and issuing comments.  The decision to issue a permit by a particular
suction dredging and stream flow alterations, including wetland alterations,                        agency can be either the sole responsibility of that agency (e.g., a SLC
under Sections 1601 and 1603 of the Fish and Game Code.  Although the document                       permit), or it can be a shared responsibility (e.g., a Section 404, which though
required under these sections of the law is not termed a permit, it is illegal                       issued by the COE, mast be consistent with guidelines issued by EPA and FWS, and
if such an arrangement is not obtained before commencement of a project.  Under                     with the California Coastal Management Program).
Senate Concurrent Resolution No. 2B (September 13, 1979), the DFG has been
requested to propose plans to protect, preserve, restore, acquire and manage
wetlands.  The findings and declarations of this Resolution and of Chapter 7,
Section 5811 of the Public Resources Code, further guide the DFG in their
regulatory and advisory responsibilities.




                                                                                                                                      -141-

                                      -142-








APPENDIX'D.  TECHNICAL CRITERIA FOR IDENTIFYING AND MAPPING WETLANDS AND OTHER                        classification system as a guide in wetland identification.  Applying the same set
             WET ENVIRONEMENTALLY SENSITIVE RHABITAT AREAS                                           of biological criteria consistently should help avoid confusion and assure
                                                                                                    certainty in the regulatory process. This appendix discusses the adapation of
                                                                                                   this classification system to the Coastal Act definition of "wetland" and other
    The purpose of this discussion is to provide guidance in the practical ap-                       terms  used in the Act, and will form the basis of the Commission's review of
plication of the definition of  wetland' contained in the Coastal Act.  The                           proposals to dike, fill or dredge wetlands, estuaries or other wet habitat areas.
Coastal Act definition of 'wetland' is set forth in Section 30121 of the Act which
states:                                                                                              I.  U.S. Fish and Wildlife Classification Systems  Upland/Wetland/Deep-water
                                                                                                       Habitat Distinction
              SEC. 30121
                                                                                                       The United States Fish and Wildlife Service classification is hierarchical,
              "Wetland" means lands within the coastal zone which                                    progressing from systems and subsystems, at the most general levels, to classes,
              may be covered periodically or permanently with                                        subclasses, and dominance types.  The term 'system' refers here to a complex of
              shallow water and include saltwater marshes,                                           wetland and deep-water habitats that share the influence of one or more dominant
              freshwater marshes, open or closed brackish water                                      hydrologic, geomorphologic, chemical, or biological factors.
              marshes, swamps, mudflats, and fans.
                                                                                                       The Service provides general definitions of wetland and deep-water habitat and
    This is the definition upon which the Commission relies to identify                              designates the boundary between wetland and deep-water habitat and the upland
"wetlands." The definition refers to lands ".        which may be periodically or                    limit of a wetland.  The following are the Services' definitions of wetland and
permanently covered with shallow water .       .  However, due to highly variable                    deep-water habitats=
environmental conditions along the length of the California coast, wetlands may
include a variety of different types of habitat areas.  For this reason, some                            A.
wetlands may not be readily' identifiable by simple means.  In such cases, the
Commission will also rely on the presence of hydrophytes and/or the presence of                                     "Wetlands are lands transitional between ter-
hydric soils.  The rationale for this in general is that wetlands are lands where                                   restrial and aquatic systems where the water
saturation with water is the dominant factor determining the nature of soil                                         table is usually at or near the surface or the land
development and the types of plant and animal communities living in the soil and                                    is covered by shallow whter.  For purposes of
on its surface.  For this reason, the single feature that most wetlands share is                                    this classification, wetlands must have one or more
soil or substrate that is at least periodically saturated with or covered by                                        of the following three attributes: (1) at
water, and this is the feature used to describe wetlands in the Coastal Act.  The                                   least periodically, the land supports
water creates severe physiological problems for all plants and animals except                                       predominantly hydrophytes; (2) the substrate is
those that are adapted for life in water or in saturated soil, and therefore only                                   predominantly undrained hydric soil;  and (3) the
plants adapted to these wet conditions (hydrophytes) could thrive in these wet                                      substrate is nonsoil and is saturated with water or
(hydric) soils.  Thus, the presence.or absence of hydrophytes and hydric soils                                      covered by shallow water at some time during the
make excellent physical parameters upon which to judge the existence of wetland                                     growing season of each year.
habitat areas for the purposes of the Coastal Act, but they are not the sole
criteria.  In some cases, proper identification of wetlands will require the                                       'Wtlands as defined here include lands tat are
skills of a qualified professional.                                                                                 identified under other categories in some
                                                                                                                 land-use classifications. For example,
    The United States Fish and Wildlife Service has officially adopted a wetland                                    wetlands and farmlands are not necessarily ex-
classification system* which defines and classifies wetland habitats in these                                       elusive.  Many areas that we define as wetlands
terms.  Contained in the classification system are specific biological criteria                                     are farmed during dry periods, but if they are
for identifying wetlands and establishing their upland limits.  Since the wetland                                   not tilled or planted to crops, a practice that
definition used in the classification system is based upon a feature identical to                                   destroys the natural vegetation, they will support
that contained in the Coastal Act definitions, i.e., soil or substrate that is at                                   hydrophytes.*
least periodically saturated or covered by water, the Commission will use the



                                                                                                     For the purposes of identifying wetlands using the technical criteria con-
                                                                                                   tained in this guideline, one limited exception will be made. That is, drainage
  "Classification of Wetlands and Deep-Water Habitats of the United States."  By                     ditches as defined herein will not be considered wetlands under the Coastal Act.
Lewis M4. Cowardin, et al, United States Department of the Interior, Fish and                        A drainage ditch shall be defined as a narrow (usually less than 5-feet wide),
Wildlife Service, December 1979.                                                                     manmade nontidal ditch excavated from dry land.



                                     -144-                                                                                              14-







              Drained hydric soils that are now incapable                                                         "The boundary between wetland and deep-water
              of supporting hydrophytes because of a                                                              habitat in the Marine and Estuarine Systems
              change in water regime are not considered                                                           (i.e., areas subject to tidal influence)
              wetlands by our definition.  These drained                                                          coincides with the elevation of the extreme
              hydric soils furnish a valuable record of                                                           low-water of spring tide (ELWS); permanently
              historic wetlands, as well as an indication                                                         flooded areas are considered deep-water
              of areas that may be suitable for restora-                                                          habitats in these systems.  The boundary
              tion.                                                                                               between wetland and deep-water habitat in
                                                                                                                 the Riverine, Lacustrine and Palustrine
              The upland limit of wetland is designated as                                                        Systems lies at a depth of 2m (6.6 ft.)
               (1) the boundary between land with                                                                  below low-water; however, if emargents,
              predominantly hydrophytic cover and land                                                            shrubs or trees grow beyond this depth at
              with predominantly mesophytic or xerophytic                                                         any time, their deep-water edge is the
              covert (2) the boundary between soil that is                                                        boundary.'
              predominantly hydric and soil that is
              predominantly nonhydric! or (3) in the case
              predominanstly nonhydri      or (3) in the casIe II.  Wetland/Estuary/Open Coastal Water Distinction
              of wetlands without vegetation or soil, the
              boundary between land that is flooded or
              saturated at some time each year and land                                                 For the purposes of mapping 'wetlands" under the Coastal Act's definition of
              that is not."                                                                         wetlands, and of mapping the other wet environmentally sensitive habitat areas
                                                                                                  referred to in the Act, including 'estuaries," "streams." "riparian habitats,"
    Wetlands should be identifed and mapped only after a site survey by a                           "lakes' and "open coastal water," certain adapations of this classification system
qualified botanist, ecologist, or a soil scientist (See section III. B. of the                      will be made.  The following is a discussion of these adaptations.
guideline for a list of required information)*.
                                                                                                      guideline for a list of required inforation.  etland," as defined in Section 30121 of the Coastal Act, refers to land
    3.  Deeowater Habitats                                                                       - covered by 'shallow water," and the examples given in this section include fresh,
                                                                                                  salt and brackish water marshes, mudflats and fens.  A distinction between "wet-
              "Deepwater habitats are permanently flooded                                    -      land' and the other habitat areas in the Act, for example, 'estuary," must be made
              lands lying below the deepwater boundary of                                          because the Act's policies apply differently to these areas, and because the Act
                                                                                                  woes not define some of these terms (such as "estuary").  A reasonable distinc-
              wetlands. Deepwater habitats
              include environments where surface water                                             tion can be made between "wetland" and "estuary" on the basis of an interpretation
              is permanent and often deep, so that                                                 of the phrase 'shallow water." Using the service's classification system, 'shallow
              water, rather than air, is the principal                                              water" would be water that is above the boundary of deep-water habitat, which
              medium within which the dominant organisms                                           would be the line of extreme low-water of spring tide* for areas subject to
              live, whether or not they  are attached to                                            tidal influence and 2 meters for non-tidal areas.  Therefore, wetland begins at
              the substrate.  As in wetlands,  the                                                  extreme low-water of spring tide and "estuary" or "open coastal water" is anything
              dominant plants are hydrophytes; however,                                             deeper.  The Coastal Act definition of "wetlands" would include the wetland areas
              the substrates are considered nonsoil                                                 of Estuarine, Palustrine, and Lacustrine ecological systems defined by the Fish
              because the water is too deep to support
              emergent vegetation (U. S. Soil
              Conservation Service, Soil Survey Staff
              1975)."

                                                                                                        While the Service's classification system uses "extreme low-water of
                                                                                                  spring tide" as the datum to distinguish between "shallow-water" and "deep-water
                                                                                                  habitat," such datum is not readily available for the California coast.
                                                                                                  Therefore, the lowest historic tide recorded on the nearest available tidal bench
                                                                                                  mark established by the U. S. National Ocean Survey should be used as the datum.

      Further details regarding the standards and criteria for mapping wetlands                         Data for such bench marks are published separately for each station in
                                                                                                  loose-leaf form by the National Ocean Survey, Tideland Water Levels, Datum and
using the Service's classification system may be found in the following, "Mapping                                                              20840.  These compilations include the
Conventions of the National Wetland Inventory," (undated), published by the                         Information  ranh, (C23), Riverdale, MD 20840.  These compilations include the
U.S.F.W.S.  The document may be obtained from the U.S.F.W.S., Regional eetland                      description of all bench marks at each tide station (for ready identification on
Coordinator, Region I Portland, Oregon.                                                            the ground), and their elevations above the basic hydrographic or chart datum for
                                                                                                  the area, which is mean lower low-water on the Pacific coast.  The date and length
                                                                                                  of the tidal series on which the bench-mark elevations are based are also given.
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                                                                                                                                     -147-








    For the purposes of the Coastal Act, an "estuary" is a coastal water body usu-                       As with wetlands, riparian habitats should be identified and mapped only after
ally semi-enclosed by land, but which has open, partially obstructed, or                             a site survey by a qualified botanist., freshwater ecologist, or soil scientist.*
intermittent exchange with the open ocean and in which ocean water is at least                       (See pp. 6-9 of the guideline for a list of information which may be required of
occassionally diluted by fresh water runoff from the.land.  The salinity may be                      the applicant).
periodically increased above that of the open ocean by evaporation.

     "Open coastal water" or "coastal water" as used in the Act refers to the open                  IV.  Vernal Pools
ocean overlying the continental shelf and its associated coastline with extensive
wave action. Salinities exceed 30 parts per thousand with little or no dilution
except opposite mouths of estuaries.                                                                     Senate Bill No. 1699 (Wilson) was approved by the Governor on September 13,
                                                                                                  1980 and the Bill added Section 30607.5 to the Public Resources Code to read:

III.  Wetland/Riparian Area Distinction                                                                         30607.5.  Within the City of San Diego, the commission shall not impose
                                                                                                             or adopt any requirements in conflict with the provisions of the plan
                                                                                                              for the protection of vernal pools approved and adopted by the City of
    For the purpose of interpreting Coastal Act policies, another important dis-                                San Diego on June 17, 1980,. following consultation with state and
tinction is between "wetland" and "riparian habitat."  While the Service's clas-                                federal agencies, and approved and adopted by the United States Army
sification system includes riparian areas as a kind of wetland, the intent of the                               Corps of Engineers in coordination with the United States Fish and
Coastal Act was to distinguish these two areas.  "Riparian habitat" in the Coastal                              Wildlife Service.
Act refers to riparian vegetation and the animal species that require or utilize
these plants.  The geographic extent of a riparian habitat would be the extent of                    The Commission shall adhere to Section 30607.5 of the Public Resources Code in all
the riparian vegetation.  As used in the Coastal Act, "riparian habitat" would                       permit and planning matters involving vernal pools within the City of San Diego.
include the "wetland" areas associated with Palustrine ecological systems as
defined by the Fish and Wildlife Service classication system.                                            All vernal pools located within the city of San Diego in the coastal zone are
                                                                                                  depicted on a map attached as Exhibit I to a letter from Commission staff to Mr.
    Unfortunately, a complete and universally acceptable definition of riparian                     James Gleason, City of San Diego (4/29/80).  While "vernal pool" is a poorly
vegetation has not yet been developed, so determining the geographic extent of                       defined regional term, all information available to the Commission suggests t".at
such vegetation is rather difficult.  The special case of determining consistent                     all vernal pools in the coastal zone are located in the City of San Dieto.  at is
boundaries of riparian vegetation along watercourses throughout California is                        important to point out, however, that vernal pools are distinct from vernr. ponds
particularly difficult.  In Southern California these boundaries are usually ob-                    Wn.t vernal lakes, which exist in other parts of the coastal zone (e.g.  Jio Flaco
vious; the riparian vegetation grows immediately adjacent to watercourses and only                   Lakes in S4n Luis Obispo County).  The Commission generally considers these
extends a short distance away from the watercourse.  In Northern California, how-                    habitat areas to be wetlands for the purposes of the Coastal Act, and therefore
ever, the boundaries are much less distinct; vegetation that occurs alongside a                      all applicable sections of the Coastal Act will be applied to these areas.
stream may also be found on hillsides and far away from a watercourse.

    For the purposes of this guideline, riparian vegetation is defined as that
association of plant species which grows adjacent to freshwater watercourses,
including perennial and intermittent streams, lakes, and other freshwater bodies.
Riparian plant species and wetland plant species either require or tolerate a
higher level of soil moisture than dryer upland vegetation, and are therefore
generally considered hydrophytic.  However, riparian vegetation may be                                 Identification of riparian habitat areas in Northern California presents
distinguished from wetland vegetation by the different kinds of plant species.  At                   peculiar difficulties.  While in Southern California riparian vetetation generally
the end of this appendix, lists are provided of some wetland hydrophytes and                         occurs in a narrow band along streams and rivers, along the major rivers in
riparian hydrophytes.  These lists are partial, but give a general indication of                     Northern California it may be found in broad floodplains, abandoned river channels
the representative plant species in these habitat areas and should be sufficient                     and the bottoms adjacent to the channels.  In forested areas, the overstory of
to generally distinguish between-the two types of plant communities.                                 riparian vegetation may remain similar to the adjacent forest but the understory
                                                                                                  may contain a variety of plant species adapted to moist or wet substrates. For
    The upland limit of a riparian habitat, as with the upland limit of vegetated                    example, salmonberry, bayberry, willow, twinberry and lady fern, may all be more
wetlands, is determined by the extent of vegetative cover.  The upland limit of                      common in the understory of riparian habitat areas than in other types of forest
riparian habitat is where ripariad hydrophytes are no longer predominant.                            habitat areas.







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                                                                                                                                        -14')-






V. Representative Plant Species -in Wetlands and Riparian Habitat Areas


    This is a list of "representative" species that can be expected to be found in                        0.  Riparian
the various habitat areas indicated. Not all of them will be found in all areas
of the State, and there are numerous others that could be included.  However, this                Willows (Salix spp.)
list should suffice to generally distinguish between these types of plant                                     Cottonwoods (Populus spp.)
communities.                                                                                                  Red alder (Alnue rubra)
                                                                                                          Box older (Ac-er nequ~ndo)
  A.  Salt Marsh                                                                                              Sycamore (Platanus racemona)
                                                                                                          Blackberry (Rubus vitifol~ia)
        Pickleweed (Salicornia virginica)                                                                     So. Black walnut (Juglans californica)  (So. Calif.)
        Glasawort (S. subterminalis)                                                                          California Bay (Umbelularia californicum)  (So. Calif.)
             Satras(istichlis spicata)                                                                       Bracken fern (Pteraaulnm    Cn   ai.
        Cordgrass (Sp-artina totiosa)                                                                         Current (Rtibes spy.)
        Jaumea (Jaugea -carnoisaT                                                                             Twinberry (Lonicera involucrata) (No. Calif.)
        Saltwort (Batis--a-itiima)                                                                            Lady fern (tyimfelix-femina)
          Alkai hea~th ranniiT grandifolia)                                                                   Salmonberry (No. Calif.)
        Salt cedar (.4onanthochloe littoralis                                                                 Bayberry (No. Calif.)
        Arrow grass (TrIgloch5.n mar~itimum)
        Sea-blite (Suaeda-c-a-177ornicavar pubescens)                           E.  Vernal Pools
        Marsh rosemary  Lionium ca-13fornicum var mexicanum)
        Gum plant (Grind~eiastri-ct-a-                                                                        Downingia (Downingia op.)
        Salt Marsh fleabane (Pluchea purpurescens)                                                            Meadow-foxtail (Alopecurus howellil)
                                                                                                          Hair Grass (Deachmpsia danthonjoides)
   *B.  Freshwater Marsh                                                                                     Quillwort (Isoetes; sp.)
                                                                                                          Meadow-foam (Limnanthes up.)
        Cattails (Typha app.)                                                                                 Pogogyne (Pogogyne sp.)
        Bulrushes T(Scirpus app.)                                                                             Flowering Quillwort (Lilaea scilloides)
        Sedges (Carex a9pp.)                                                                                  Cryptantha (Cryptantha op.)
        Rushes (Uu~_Zus spp.)                                                                                Loosestrife Mytru  hyssopifolium)
        Spikerus~h__(Heleochai9 palustris)                                                                   'Skunkweed (Navarretia ap.)
        Pondweeds (Poaoso~                                                                                   Button-celery (Eryngium op.)
        Smartweeds (Ply-gonum *   )Orcutt-graas (Orcuttia sp.)
        Water lilies (Nphar app.)                                                                             Water-starwort (Callitriche sp.)
        Buttercup (Rannuu  autilis)                                                                          Waterwort (Eiatine up.)
            Watr-res  Natutii~EIiMle                                                                         Woolly-heads (Psilocarpus Sp.)
        Bur-reed (Spargnim  eurycarpum)                                                                      Brodiaea (Brodiaea sip.)
        W~ter parsley (Venanthe sarmentosa)                                                                  Tillaea (Crasaula acquatica)
        NaiadsB (N. 


    C.  Brackish Marsh

       Alkali bulrush (Scirpus robustus)
        Rush (Juncus balEticus)
        Brass bu-ttons-(Coatula coronopifolia)
        Fat-hen (Atriplex patula var hastata)
       Olney's bulru~s~h_(Scirpus ole-7
       Common cule (Scir~pus acutiYsT_
       Common reed (Ph~ragmite~s -communis)








APPENDIX E.  GLOSSARY OF TERMS                                                                         Fen

                                                                                                      A fen is a poorly defined regional term for a type of marsh (see APPENDIX D)
                                                                                                      usually said to be formed on peat that is circumneutral or alkaline in pH;
Aquaculture
                         ~~~~~~~~~~~~~~~~~~Aquaculture                   ~vegetation is marked by high species diversity.  A fen is equivalent to the
                                                                                                      sedge-meadow of many areas.  (Note:  To date the only fen known to exist in
    ". .  . 'aquaculture' means the culture and husbandry of aquatic organisms,                            the coastal zone is Inglenook Fen in Nendocino County)
                                                                                                      the coastal zone Is Inglenook Fen in Mendocino County).
including, but not limited to: fish, shellfish, mollusks, crustaceans, kelp
and algae. Aquaculture shall not mean the culture and husbandry of
commercially utilized inland crops, including, but not limited to: rice,                  pill
watercress and bean sprouts."  (Public Resources Code, Division 1, Chapter 4,
Section 828) (See also footnote #5 on page 11).                                                            (see APPENDIX A (Section 30108)

Biological productivity                                                                                Functional capacity

    Biological productivity generally refers to the amount of organic material                             Functional capacity refers to the ability of a particular ecosystem to be
                         produced per unit time (see lso footnote 19 on page 23)Functional capacity refers to the ability 'of a particular ecosystem to be
                         produced per unit time (see also footnote 19 on page 23)                        self-sustaining and to maintain natural species diversity (also refer to page
                                                                                                      17).
"Coastal-dependent development or use"
                                                                                                 Healthy Populations
    (see APPENDIX A [Section 301011)
                                                                                                     The phrases,           healthy populations of all species of marine organisms
                         ~~~~~Coastal-dependent industrial facility    ~and ". .. optimum populations of marine organisms . . .*  (Sections 30230
                                                                                                      and 30231, respectively) refer generally to the maintenance of natural species
    A coastal-dependent industrial facility is one which requires a site on, or                            diversityabundance, and composition.
adjacent to. open coastal waters to function.
                                                                                                 Hydric soil
"Development"
                                                                                                     Hydric soils are soils that for a significant period of the growing season
    (see APPENDIX A [Section 301061)                                                                  have reducing conditions* in the major part of the root zone and are
                                                                                                 saturated** within 25 cm of the surface.  Most hydric soils have properties
                        '"~~~~~~~~~~~~~Energy facility"   ~that reflect dominant wetness characteristics, namely, they have immediately
                                                                                                 below 25 cm dominant colors in the matrix as follows:
    (see APPENDIX A [Section 301071)
                                                                                                         1. If there is mottling, the chrome is 2 or less.
"Environmentally sensitive area"
                                                                                                         2.  If there is no mottling, the chrome is 1 or less.
    (see APPENDIX A [Section 30107.51) 
                                                                                                     ("Wet Soils of the United States" (draft copy), January 9, 1980, United
Estuary                                                                                                States Department of Agriculture, Soil Conservation Service. )

    As estuary is a coastal water body usually semi-enclosed by land, but which
    has open, partially obstructed, or intermittent exchange with the ocean and in
    which ocean water is at least occasionally diluted by fresh water runoff from
    the land (see also page 4 and APPENDIX D).

"Feasible"

    (see APPENDIX A [Section 301081)                                                                    Reducing conditions means soil solution is virtually free of dissolved oxygen.

                                                                                                    A soil is considered saturated at the depth at which water stands in an
                                                                                                 unlined borehole or when all pores are filled with water. Soils (temporarily)
                                                                                                 saturated as a result of controlled flooding or irrigation are excluded from
                                                                                                 hydric soils.



                                   -152-
                                                                                                                                   -1593-










                                                                 * - -                         ~~~~~~~Cannission District Staff and the characteristics of the terrain, landform and vegetati
                                                                                               surrotnding the parcel. In sme~ cases, either through general planning, the
                       avdr~~~~~onvtt~~~~~~c  ~~~-                                                IIZ~~XP'*s or the aMA process this kind of information has been synthesized  into an
                                                                                               arcnaeological sensitivity map which divides a gecojiaphic area into various degrees
   Any RI-Pt grs:gin statr or on a Substrate Char Ls at least Pdrrodczally                         of archaeologica~l sensitivity.
        def~~cientto~ orge  as  tuit a! axtcesslv  .ater ctent  ..   plants
   typiaall, '..no in war hAbi-Ars).                                                               s~   'L1             ~S~T'IYO   OETA
                       ~~~~~~~~~~~~~~~~~~~~~S1S FLOWakeOMCA   EETVV   RPTUA
                       Lake ~~~~~~~~~~~~~~~~~~~~~If the Commnission Staff determines the archaeological sensitivity of a psr-
   A lake is a canfined, pereonnal waer. body mopped by C-,e Un:,-.d StAren                        ticlar parcel is kwJ, and there is only a slight potential that archax-7.iaogi-
       Ge~oogi Surey    he ;.5 quadrangle series, cc -tdenc~!4ed -a 16cal coascLclrsucold                    eetedbyan                   y      excavation or grading that is planned,


    Xeopvjcpant                                                                                    irq standard condition:

   erAny(ie.  plantsgon  -yhavle moisurand inohbtatio conitios1 bvetwgeen                               Sou~ld archaeological resources be disclosed during any construction
                           exc-aes (ie., pantstypiclly -.ad n nabta:A i-.4&~Grat Moiturephase of the project, all activity which could damage or destroy these
   conditions, nor usually dry or wet).                                                                 resources shall be temporarily suspended until the site has been examined
                         motion OO.Laticaa   ~ ~       ~         ~         ~         ~        ~~~~~~~~~by a qualified archaeologist and mitigation measures have been developed
                         Ontinon vosu~~~~~~~~~~~ations ~~~~to address the impacts of the projection archaeological resources.  Such
                          (see dt~ifli-ion of "heaily populations" abo-G)mitigation measures shall, be reviewed by the State office of Historic Preserv-
                                                                                               ation and approved by the Executive Director of the Regional Commission.
Risarianhbia

   A ripar-an habitat in 4P area of riparian vegetation and associated animal                      SITE C' (NVERAE TO HIGH ARCHAE01XICL SENSIIVITY  AN PO~TEIRIL
   spe..-as. This vegetation is an association of plant Spec-as vofiah grow
   adjacont t fr.27sh.atar vater-ourses, including pereanta-l and intermi'.Zan                    When a permit application is received for a project in an area which, in the
   StreaMs, lakes, and Other bodies of fresh -ster (set als APNDIX Dl.                            judgment of Camnission Staff has moderate to high archaeological sensitivity,

?,iver or Stream                                                                                   the Camurission Staff may require the applicant to submit with the application
                                                                                               information developed by a qualified archaeologist regarding the presence and
              A vriveror screm" is a atural atecou    sdsgaed by a *soLid lind so'                sinfcn   of archaeological materials.  The selection of die archaeologist
   deaso and three dots symbol snowo on the United States Geological Surv'ey naP
            nol ecntypulihe.oran vlleiod  hanl ir dstnuihaiebd                                    retained by the applicant will be subject to the approval of the Executive
   and han  hrecently ebisndenc or sainy conannel fwingter a'stindititabo ed byDirector.  Appendfix A details the necessary qualification Archaeological in-
                          scour or spos.-. a rack. snd. X-*"I soill, o debris.vestiglations generally fall into three phases;

                         70=a,  pool                                                                  ~~~~~~~~~~~~~~~~~~1)   Archaeological Reconnaissance:  This phase is designed to locate
   A vernal pool MAY be defined generally as  ..  a small depression, usually'                         archaeological sites.-  it typicai-ly background research, including
                  undrlan y sonsuburacelaer hih pohiit dringe  nt th twerlierair  review and a search of the records in the Infornation Center
                           soil proilein cicOdurig th rany sason  watr na erad fo peronoof the California Archaeological Inventory.  Where the literature review/
   of time nuftetto prohibit tonal vegetlation from developing. The nabitat                             rhv:       erhfnsta   naeut   uvyo   h   rahspeiul
       t  oaroosset LO duration or inundation her-don mersnos (n*KOra'Yahvls e a rh           f        n        s        t       a   naeut uvey ofh reha prvously
    rarl dr)an  ot  oacoouiis(eeornlrrlyubrgd .-                                                        been done, with no resources indicated, additional work is usually not
   ("The vegetation Of Vernal PcOls: A Survey.'  By Rober: P. Ro~llnd.                                 necessary.  Otherwise a surface reconnaissance wili be necessary.  The
   Deparzment P! Agronomy & Rtange Science, universit.y of California, Davis.                          surface reconnlaissance entails a walkover of the site and inspection
   PubLixned in. Vern-al POOlS: Their- Ecology and Conservation. A Symponoultn                         of the land surface'for visible archaeological resources.  Occasionally
   sponsored byte J.1t:1tots of clgUteot  f ao:riDv    a                                             the reconnaissance will require sme~ subsurface testing to determine
   1-~,197                                                                                             or confirm the presenrce of an archaeological resource, especially in
We: I an                                                                                                areas of rapid alluvial  accisrulation, in sand dune deposits or in
                                                                                                    filled areas. At the conclusion of this work, a-report will be prepared
    (see AFEND!C--S A and U [Section 301:11)                                                           toD detail reconnaissance inathodology, findings and recaunandations.

                         tsrovnvt;; olnot                                                              I~~~~~~~~~~~~~~~~n most projects this relatively inexpensive initial study will be
    ,Any plane &r-oonj in a naL:a:t oz wniz.,  an ppcr-tA~e por-.Lon'ot tad rpc:tor                   the only investigation necessary.
    necdum dies -b :the -i.-.ig coef~ficien: a0 frtq-1 t Tervas  ..... anZ5








                     -154-









ARCHAEOIO ICAL GUIDELINES (Adopted 12/16/81)                                                              2)   Testing and Determination of Significance.  Where an archaeo-
                                                                                                         logical site has been found in the reconnaissance, further work is
The Coastal Zone was prcbably the most densely occupied region in California                              perfolned to define the precise location a         ndaies of the achaeo-
in  pre-historic times.  The same amenities which attract people to the Coast-                            Subsurface te"n  is usually done thrgh hand ecavation of several
 al Zone today, including a mild climate and abundant and varied natural re-                               Subsrface  testing is usually done through ha        excavation of several
 sources, attracted aboriginal peoples in pre-historic times.  As a result,
 the probability of discovering archaeological materials in the Coastal Zone                                 t              required an  the          basis of  site intesear           h  o
 is unusually high, and the potential for the destruction of such resources 
 through develcment is considerable.                                                                       ethic and historical value and the potential for public appreciation.
                                                                                                        Where the testing is extensive, or where it may affect an environ-
If not properly located and designed, development can significantly impact                                mentally sensitive area special conditions will apply (see Section
archaeological resources.  Excavation or grading commonly performed as part                               "B" below).
o f the site preparation for a project can obliterate archaeological materials,
or disturb their provenance to such an extent that the information that could                             3) Mitigation Plan.  At the completion of testing the potential
have been derived from the knowledge of their relative position would be                                  pro,5t  impacts can be assessed and appropriate protection or mitiga-
permanently lost.  Development can also impact archaeological resources by                                tion measure are  frulated.  The mitigation plan details constraints
compacting the archaeological materials, or by changing their chemical canpo-                             ad permit coditions which  will apply to the proposed project,
sition.  As so many archaeological sites have been destroyed or damaged as                                stipulating  actions to preserve the site or mitigate unavoidable
a result'of man-made developnents or natural processes, the remaining sites,                              damage.
even though they may be less rich in archaeological materials, have become
increasingly valuable.  Additionally, because archaeological sites if -tudied                        MITIGATION MEASURES
collectively may provide information on subsistence and settlement patterns,
the loss of individual sites can reduce the scientific value of the sites                            The type of mitigation which is necessary or appropriate to protect archaeo-
which  remain intact.                                                                                logical resources varies with the particular circumstances surrounding each
                                                                                                   project. As recommended by the consulting archaeologist and approved by
Archaeological sites also have great cultural and religious significance for                         the Caonission as conditions on the project, they may range from cxnplete
contemporary Native Americans and their destruction or desecration is of                             avoidance of the site to a full scale excavation and analysis of the
great concern to the Native American community.                                                      archaeological materials.  Arranged by order of preference, these mitigation
                                                                                                   measures include:
The Coastal Act establishes a mandate to protect archaeological resources
and mitigate the impact of development upon them.  Public Resources Code                                  1.   Prohibiting any development over archaeological resources
Sections 30001.5 and 30244 state:
                                                                                                        2. Permitting only open space uses (e.g., landscaping) over archeo-
     Section 30001.5   The Legislature further finds and declares that the                                logical sites
     basic goals of the state for the coastal zone are to:
                                                                                                        3. Locating developcment on the least sensitive or significant
           (a)  Protect, maintain, and, where feasible, enhance and restore                                portions of an archaeological site
                the overall quality of the coastal zone environment and its
                natural and manmade resources...                                                           4.   Filling over all archaeological areas with appropriate materials
                                                                                                         (e.g., 12-18 inches of clean sand) before placing structures on the
     Section 30244   Where development would adversely impact archaeologi-                                site
     cal or paleontological resources as identified by the State Historic
     Preservation Officer, reasonable mitigation measures shall be required.                              5.   Partially Archaeologically Excavating:  Where there is no way
                                                                                                        to avoid partly damaging a site, requiring that the excavation that
The following Interpretive Guidelines are in two parts (a) guidelines to                                  must be done (for the foundation, sewer line or the Like) be done
mitigate the archaeological impact of coastal development in general and (b)                               scientifically by archaeologists.
guidelines for theconduct of archaeological studies themselves. Addition-
ally, a discussion providing guidance for Local Coastal Programs is included.                             6.  Conducting an archaeological survey and salvaqe excavation
                                                                                                        prior to commencing construction.

A.  MITIGATION OF ARCHAEOLOGICAL IMPACTS OF COASTAL DEVELOPMENTS:                                    Archaeological excavations as in 5 and 6 above will be subject to the
                                                                                                   provisions of Section B below.
In order for archaeological resources to be protected, they must first be
identified.  Several types of information can indicate the potential a par-                          The mitigation plan may also require that an archaeological monitor be
ticular parcel has for containing archaeological resources.  These include                           present during all construction in an archaeological site or sensitive
the pattern of known archaeological sites as catalogued by the regional Infor-                       rtea.
mation Centers of The California Archaeological Inventory; specific studies of
the parcel that may have been done under CEQA; preliminary field checks by the

                                  -156-                                                                                                   I --157-






B. GUIDELINES FOR ARCHAEOLOGICAL EXCAVATIONS
                                                                                                    A briefer outline research design may be used for projects involving on]; a testing
                                                                                                    program.  Such a program is limited to obtaining data necessary for delneating a
Archaeological work in the Coastal Zone generally occurs through either                              site, evaluating its potential significance, assessing the impact of a proposed
academic and professional research or through mitigation programs carried out                        development and estimating mitigation costs for those   impacts.
under NHPA, CEOA, NEPA or the Coastal Act.  These programs are intended to avniid or
mitigate the impact of same other type of development (i.e., construction of                         Peer Review Statement
a building, trenching for a pipeline, grading for a road) on archaeological
resources.  Where an archaeological investigation involves "grading removing...                      In order to provide for the maximum cnservation of the archaeological resources
or extraction of any material..." it is in itself a development under PRC 30106                      and to provide the Cnmmission with a broarder perspective on the values of proposed
and requires a permit action by. the CcOmission.                                                     archaeological works, the permit application involving excavation of more than
                                                                                                   two meters of surface area shall include a statement evidencing that the research
I  PROTECTION OF ARCHAEOLOGICAL RESOURCES IN THE COASTAL ZONE                                       design has been submitted to at least three other qualified archaeologists
                                                                                                   practicing in the region where the work is proposed. The research design shall
Archaeological resources, the material evidence remaining from human life and                       also be filed for informational purposes with the Archaeological Inventory regional
culture in past ages, are often extremely fragile and easily degraded or                            Cter.  Where the city or county in which the project is located has an
destroyed.  Important scientific information is often contained not only in                         archaeologist on staff, he or she shall be included in the three peer reviewers.
archaeological artifacts themselves, but in how they are deposited in a site,                       The sta ent shall include copies of the comments offered by the reviewers and
and related to the surrounding environment.  Moreover, saome materials found                            rests of the peer review.
in an archaeological site have a profound cultural and religious significance
to same people, especially related Native American groups.  Key elements of                         Consultation with Affected Native Amerians
an effective program to protect and mitigate the impact upon these resources
include assuring that only qualified  ersons perform archaeologicalwork, that                       Any application proposing excavation of more than 2 square meters of surface
                                                                                                   area shall include a statement that the appropriate Native American groups
their work contributes to our understanding of history or prehistory and that                       have been consulted in the development of the proposed investigation, and
Ntative American and other affected orouDs be consulted in the process of such work,                have reviewed the research design.  The statement shall provide copies of
                                                                                                   any written coments and describe other results of the consultation.  The Native
Professional Qualificaticns                                                                         American Heritage Ccmnission maintains a county listing of the affected groups
                                                                                                   that are to be consulted and can facilitate these consultations.  Particular
The undisciplined disturbance of archaeological sites, such as that done by pot-                    attention shall be given to resolving any conflicts over the treatment of burials
hunters,results in the loss of valuable scientific information and destruction                      that may be encountered in the archaeological site.
of the resource. Individuals trained in and meeting the standards of the
archaeological profession have a high standard of regard for the cm=servation                       II.  PROTECION OF OTHER COASTAL RESOURCES IN ARCHAEOLOGICAL INVESIGIONS
of archaeological resources in their work. Applicants for any subsurface
excavation of an archaeological site in the coastal zone must meet, or work                        Archaeological investigations in the coastal zone may involve a variety of
under the direct supervision of someone who meets the U.S. Department of Inteior                   different procedures incling surface diskin  test hole augering and backhoe
mini/un standards for archaeological consultants.  These standards are additionally '              trenching, and full scale site excavation.  In addition to the impact on the
endorsed by the State Office of Historic Preservation.  The standards are found                    archaeological resources themselves the principal concerns with these activities
in 36 CFR 66 and 36 CFR 64 and are paraphrased in Appendix A.  Members of the                      is their potential impacts on environmentally sensitive areas.  The Coastal
Society of Professional Archaeologists (SOPA) certified for field research are                     Act of 1976 states:
considered to meet these qualifications.
                                                                                                            Section 30107.5
Research Design
                                                                                                            "Enviarontally sensitive area" means any area in
For any archaeological work involving excavation of more than two meters of                                  which plant or animal life or their habitats are either
surface area (see "Permitting" below) the coastal permit application shall include                           rare or especially valuable because of their special
a  written research design.  The research design is an explicit statement of                                 nature or role in an ecosystem and which could be easily
research objectives and a program for carrying out these objectives.  It is                                  disturbed or degraded by human activities and developments.
intended to assure that disturbance of the archaeological site is warrented in
terms of the information that will be yielded or the mitigation that is                           Typical examples of environmentally sensitive areas include wetlands (coastal
achieved.  The research design should include (1)a statement of the theoretical                    streams, lagoons, sloughs, esturies, coastal lakes, vernal pools), special
problem, with reference to the problems of regional concern, (2)a research                        coastal land forms and aggregations of major vegetation such as dunes, native
working hypothesis, (3) a statement of data required to  ofirm or reject the                      oak, pine or cypress groves, native bunch grass, rare or endangered plant species
hypothesis, (4) field and laboratory data collection procedures, (5) techniques                   and habitat areas for rare or endangered animals.
to be used in data analysis, and (61 arranqements for curation of collections
when appropriate. and disseminaticn of the -easearch findings.                                    Aparchaeological investigation may have the potential for directly or indirectly
                                                                                                 impacting an evironarntally sensitive area through, for example, direct
                                                                                                 disruption due to excavation, through developing access to the study site, or

                                                                                                                                   159-i







   through erosion or runoff from a large excavation to an
   area such as a coastal lagon.  The application shall specify the potential for                       involvement of these groups as the activities proceed. In granting the permit

                                                                                                     the Ccmnission may articulate the specific conditions that would apply to each
                                                                                                     activity. Work could proceed on each new activity delineated by the permit
   'Indiv"uals interested in conducting archaeological investigations can find                         after notification to and approval by the District Director, without requir-
   information about the type of and location of environmentally sensitive areas                        ing separate permits and hearings.
  present in specific areas in the certified Incal Coastal Land Use Plan for
  the area and/or by contacting the        Zoastal Commission District Office.                         SANLDARD CITICNS

  III.  PERMITUING      ~          3ARCHAEOL \L kUORK f~IN .     CcSTAL                                 The following conditions will be applied to all permits for archaeological in-
                           III.  PERMITTING ARCHAEOLOGICAL WORK IN THE COASTAL ZOE                     vestigations.

  Same archaeological work typically carried out in the Coastal Zone, such                                        designee shall be on site atharl  tf field wrk, or a qualified
  as a reconnaissance site walkover, is not a development under the Act.
  However, where material is to be removed, as in an archaeological excavation,                              b.   Archaeological excavations not a permanent part of permitted
  Commission permit action is required.  Same archaeological reconnaissance                                       construction shall be restored by back filling the excavation
  and testing involving remcnal of material would have no potential for sig-                                      and otherwise leaving the area in as near to original condition
  nificant adverse effect on the archaeological or other coastal resources.                                       as possible
  These types of activities are defined and categorized below.  To avoid unnecessary
  delay of this work, an administrative permit procedure will generally be used.                             c.   All operations shall be ccducted in a manner to prevent the
  If and when the Crmnission adopts procedures for waivers of projects, this                                      erosion of land, pollution of water resources, and damage to
  category of projects may be also considered for waivers.                                                        the watershed, and to prevent or reduce to the fullest extent

                                                                                                               the scarring of lands.
  Pdministrative Permits
                                                                                                          d.   Within six weeks of the conclusion of field work, a synopsis of
  An administrative permit will generally be issued, as determined by the                                         the new materials found and their archaeological significance shall
  Executive Director, where an application is for archaeological work that:                                       be provided to the State Historical Preservation Office and the

                                                                                                               Commanission.
       1)   is reconnaissance work to locate, Ldentify and define an
                                                                                                          e.   No later then one year after completion of field work a final
                                                                                                               report on the excavation and analysis shall be submitted to the Stale
       2)   will be conducted by a qualified archaeologist (as defined in                                         Historic Preservation Office and the Commission.
       .Fppendix A) and,
                                                                                                     CCONFIDENIALITY
       3)    will not disturb any sensitive er-viromemntal habitats, and
                                                                                       3)  Commission staff will not identify the exact location of an archaeological site
       4)   will not result in the excavation or disturbance of more than                               in any reports available for general public review.  Such information provided
       2 square meters of surface area, and                                                             by the applicant or others involved with a permit will be marked "Not for Public
                                                                                                     Review" and kept in a file for use only by staff and others having a bona-fide
       51   will not affect Native PTnrican burials or cemnetries, or                                   need for the information as determined by the District Director.
       where agreement has been reached with affected Native Americans
       on this issue.


 Regular Calendar Items/Phased Permi-t-
Applications for archaeological investigations which could significantly affect
archaeological or other resources not meeting the criteria above will generally
be handled as consent or hearing items.


As an alternative to applying to the Commission for each individual archaeological
study, individuals or institutions, such as universities, which plan extensive
archaeological work within the Coastal Zone over time may apply for a phased
permit. The permit application shall specify a distinct geographic area
which will be covered by the permit and shall include a research design
which in part specifies the variety of planned activities over the period
of the permit (generally three years). Statements of peer review and Native American
consultation, as described above, shall be included and should detail the ongoing                                                           -I-

                                   -160-







C.  PROTECTION OF ARCHAEOLOGICAL  RESOURCES THROUGH LOCAL COASTAL PROGRAMS                                    APPENDIX A


The protection of archaeological resources through the Local Coastal Plans ooses                             Professional Qualifications
essentially the same difficulties presented by the Commission's   permit review                              It is essential that any location and identification study be staffed by
process.                                                                                                     qualified persons.  While students, interns, trainees, and volunteers are
                                                                                                         commonly and effectively used as team memboers, it is vital that th.ey be
At a minimum, the Local Coastal Plans must include a general policy comparable tommonly su                          per         vi       sed by pers, it is   tal   at expe
Public Resources Code Section 30244 regarding the protection of archaeological                                         si-
sources.  In addition, the Local Coastal Plans should also include more specific
                                                                                                         In the following definitions, a month of professional experience need
policies and zoning requirements which set forth the Orocedures and standards by                             not consist of a continuous month of full-time work but may be made up of
which archaeological resources are to be protected.  These provisions must aderess                           discontinuous periods of full-time or part-time worg adding up to the
the problem of initially identifying archaeological resources as well as the type
and level of mitigation which will be required to protect archaeological materials
from imoacts stemming from develooment. The preceeding Guidelines establish                                  The minimum professional qualificati     in archaeology are (a) a graduate
the Commission's standard for review of LCPs.                                                                degree in archaeology, anthropology, or a closely related field, or equiv-
                                                                                                         alent training accepted for accreditation purposes by the Society of
The initial identification of archaeological resources is both a critical step                               alent trated                  abilitato  carr          y thearch
                                                                                                         Professional Archaeologists, (h) demonstrated ability to carry research
in the protection of these resources, and one which can be greatly facilitated                               to completion, usually evidenced by timely completion of theses, research
by the "up-front" work of the LCP.  The preparation of archaeological sensi-                                 reports, or similar documents, and (c) at least 16 months of professional
tivity maps is a practical, efficient, and effective method of identifying                                   experience and/or specialized training in archaeological field, laboratory,
archaeological resources. When prepared by a qualified archaeologist, such                                   or library research, administration, or management, including at least
maps can synthesize the data previously collected in a region and, based                                     4 months experience and/or specialized training in the kind of activity
upon terrain. vegetation and other physical features,  extrapolate the data                                  the individual proposes to practice.  For example, persons supervising
to classify a given area as to the relative potential for containing archaeo-                                field archaeology should have at least I year or its equivalent in field
logical resources.  While such maps cannot be used to definitively determine                                 a           and/or specialized field training, including at least 6 months
the presence or absence of archaeological material, they can be used to choose                               in a supervisory role.  Persons engaged to do archival or documentary re-
the appropriate level of archaeological study.  The Commission's Guidelines                                  search should have had at least I year of experience and/or specialized
provide a model for such a system.                                                                           training in such work.  Archaeologists engaged in regional or agency
Because of the high' probability of discovering archaeological resources .' '                                planning or compilance w ith historic preservation procedures should have
in the Coastal Zone, the Local Coastal Plan should include a policy requiring all                            at least I year of experience in work directly pertinent to planning,
dIscretn tonary   review pmjects be cc~iditioned to Stipulate that                                           compliance actions, etc., and/or specialized historic preservation or
                          dis~~~~~~~~~~~~~~~~~~~~~~ ~ ~~cutrlretioltsmnarygevientwan4g pra~cts  ec itioner t  stprlaethistoi
work-oo the Oroject be stopped' in the event that archaeological materials are dis-                          cultural resource management training.  A practitioner of prehistoric
covered during construction, regardless of the archaeological designation of  -he                            archaeology should have had at least I year of experience or special train-
area in which the development is located.  Section A of the Guideines contan                                 ing in research concerning archaeological resources of the prehistoric:
a model of such a policy.                                                                                    period.  A practitioner of historic archaeology should have had at least I
                                                                                                         year of experience in research concerning archaeological resources of the
Finally, the Local Coastal Program should also include provision for  the                                    historic period.
procedures outlined in the guidelines relative to professional qualifications,
research design, peer and Native American consultation, protection of
environmentally sensitive habitats, standard mitigation conditions, and
confidentiality.

                                                                                                         Adopted December 16, 1981













                               -- -1


















                            DEFINITIONS


Where used in the specific guidelines, the following definitions of
terms should apply:

1. Canyon Setback. in situations where other Interpretive Guidelines
or Coastal Act policies do not apply, an adequate setback, generally
no less than 10 feet in highly developed urban areas, from the crest
of the slope of a canyon. Where existing structures are already built
closer than this to the canyon rim, new structures shall not encroach
on the line of primaxy canyon vegetation.

2.  Strinaline Method of Preventins Beach Encroachment.   In a developed
area where new construction is generally infilling and is otherwise
consistent with Coastal Act policies, no part of a proposed new
structure, including decks, shall be built farther onto a beachfront
than a line drawn between the most seaward portions of the adjoining
structures. Enclosed living space in the new unit should not extend
farther seaward than a second line drawn between the most seaward
portions of the enclosed living space of the adjoining structure.


Adopted May 3, 1977








                   Appendix B



Sample Form Letters For Use In The Review Of CEQA
Required Documents And The Processing Of Coastal
         Development Permit Applications





































                       165








                                 Form Letter One


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 wvetland
'dezvelopment 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:

     (1) New or expanded port, energy, and coastal-dependent industrial facilities,
          including commercial fishing facilities.

     (2) Maintaining existing, or restoring previously dredged depths in existing
          navigational channels, turning basins, vessel berthing and mooring areas, and
          boat launching ramps.

     (3) 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


                                         166







         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.

    (4) 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.

    (5) 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.

    (6) Mineral extraction, including. sand for restoring beaches, except in
         environmentally sensitive areas.

    (7) Restoration purposes.

    (8) 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


                                         167








    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 w'ater 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, -Comn-dssion staff have developed detailed filing requirements for
coastal development permit applications proposing wefland development projects.
Enclosed with this letter is a list of information required by Commnission 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)








                                         168








                                Form Letter Two


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:

     (1)  New or expanded port, energy, and coastal-dependent industrial facilities,
          including commercial fishing facilities.

     (2)  Maintaining existing, or restoring previously dredged depths in existing
         navigational channels, turning basins, vessel berthing and mooring areas, and
         boat launching ramps.

     (3)  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 30411,1 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


                                         169







         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.

    (4) 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 recre-
         ational opportunities.

    (5) 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.

    (6) Mineral extraction, including sand for restoring beaches, except in
         environmentally sensitive areas.

    (7) Restoration purposes.

    (8) 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 transpo rted 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


                                         170







    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, arnd 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)










                                         171








                                 Form Letter Three


Purpose:- This form 'letter can be used as a guide for notifyjing 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 o f all potential wetland impacts. Therefore, Comm-ission 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)





                                          172







                                  Form Letter Four


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:

     1)   Requests for clarification, amplification, correction, or supplementation of the
          information included with the permit application; and

     2)   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



                                          173







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






































                                           174







                            Appendix C



A List Of Information Required For Evaluation Of Coastal Development
   Permit Applications Proposing Development Activities Affecting
                        Wetland Resources





































                                175








      INFORMATION REQUIRED FOR THE EVALUATION OF A
  COASTAL DEVELOPMENT PERMIT APPLICATION PROPOSING
             DEVELOPMENT ACTIVITIES IN A WETLAND.


All coastal development permit applications must contain information required in
Section 13053.5 of the CCC Administrative Regulations. In addition, applications for
development projects affecting wetland resources must include all maps necessary to
describe the project, results of biological, soil, and hydrological surveys, an alternatives
analysis, plans for mitigation and monitoring as appropriate, and an ecological study.
At a minimum, the application should contain the following information:

1)   A comprehensive project description.

2)   A description of wetland habitat type(s) and the approximate area each habitat
    covers using the classification procedures described in Cowardin et al. (1979)1.

3)   Detailed topographic base map(s)2 of the site with information taken from recent
     (1-2 year old) aerial photographs. If only older aerial photographs are available,
    the site information must be updated from field visits. The map should indicate 0.5
    to 1.0 foot contours, the specific datum reference used (either mean sea level or
    mean lower low water), and show the applicant's property boundaries and
    adjacent property boundaries (including parcel lines of any tidelines, submerged
    lands or public trust lands). All parcels should be identified by their assessor
    parcel numbers.

4)   A  detailed hydrologic map. For tidal wetlands the map  should show areas
    inundated at high and low tides, along with estimates of the effective tidal range
     and tidal lag. For non-tidal wetlands the map should show the permanent or
     seasonal water patterns of inundation (including sources) in years of low, average,
     and high rainfall.

5)   A detailed vegetation map. This map should identify the type, location, and
     percent cover of all plant species.

6)   A detailed soils map. This map should identify the type and location of all soils
     and include a description of the soil types.


1 Cowardin, L.M., W. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetland and Deepwater
  Habitats of the United States. U.S. Fish and Wildlife Service, Office of Biological Service. Washington
  D.C. FWS/OBS-79/31.
2 All maps should be completed at the same scale and use the same orientation to allow overlaying.

                                         176







7)   A detailed site map. This map should show the location and size of the proposed
    development, including and dikes, culverts, or tide gates.

8)   A grading plan. This plan should show the extent and quantity of filling and/or
    dredging, the type and  source of fill and/or  dredge  material  including
    determinations of grain size and tests for possible pollutants, and the location of
    any proposed dredge disposal site.

9)   History of the site, if available, including:

    a) Collection of older aerial photographs. and maps. These historic photographs
        and maps should be used to establish, if possible, the previous natural state of
        the wetland prior to any artificial modification.

    b) Collection and summary of all available studies of the wetland site. This should
        include land use studies, environmental documents, and scientific reports.
        Existing land use policies and any approved plans for the site should also be
        included.

10) A complete description and analysis of existing ecological conditions at the project
    site, including:

    a) A discussion of the ecological value of the plants and animals using the
        wetland and adjacent areas.

    b) A discussion of the wetlands present functions and values.

    c) An evaluation of potential and existing impacts including the effects of
        sedimentation and pollutants from residential, industrial, agricultural, and
        flood control activities to the wetland and associated watershed.

11) An analysis and discussion of project impacts, including an analysis of whether the
    project maintains and enhances the functional capacity of the wetland. "Functional
    capacity" means the ability of the wetland or estuary to be self-sustaining and to
    maintain natural species diversity. In order to establish that the functional capacity
    is maintained, the applicant must demonstrate all of the following:

    a) That the project does not alter presently occurring plant and animal
        populations in the ecosystem in a manner that would impair the long-term
        stability of the ecosystems, that is, that the natural species diversity,
        abundance, and composition are essentially unchanged as a result of the
        project.



                                         177








    b) That the project does not harm or destroy a species or habitat that is rare or
        endangered.

    c) That the project does not harm a species or habitat, which is essential to the
        natural biological function of the wetland or estuary.

     d) That the project does not significantly reduce consumptive (e.g., fishing, and
        hunting) or non-consumptive (e.g., water quality, and bird watching) values of
        the wetland or estuary.

12) An alternatives analysis that at a minimum includes the following:

    a) A review of all feasible alternatives including:

         i)   Consideration of alternative sites, including sites which are completely
              outside the wetland.

         ii)  Reconfiguration of the project including a reduction in project size,
              density, or coverage.

    b) Identifies the wetland impacts of each alternative, including a determination of
        the amount of habitat lost and an analysis of the impacts to the functional
        capacity of the system.

    c) Selects the least damaging feasible alternative.

13) A mitigation plan. When there is a potential loss of existing wetland habitat or
    value, a plan must be included that, if implemented, will result in the replacement
    of all lost wetland functions and provide a net gain in wetland acreage. A
    mitigation plan can take several forms, although a restoration plan is the most
    common form submitted to the CCC. The list below assumes that wetland
    restoration is the type of mitigation chosen.

    a) All restoration plans must at a minimum include the following:

         i)   Clearly stated goals and objectives that provide for the establishment of
              functions and values at least equal to those occurring at the impact site.
              The stated goals and objectives should also be consistent with
              established regional habitat goals where possible. These regional goals
              must identify functions and or habitats most in need of replacement or
              restoration and must be as specific as possible.




                                         178







     ii)  Adequate baseline data regarding the biological, physical, and chemical
         criteria for the restoration area.

     iii) Documentation that the project will continue to function as a viable
         restored wetland site over the long term.

    iv)  Sufficient technical detail on the restoration design including, at a
         minimum, an engineered grading plan and water control structures,
         methods for conserving or stockpiling topsoil, a planting program
         including removal of exotic species, a list of all species to be planted,
         sources of seeds and/or plants, tfiming of planting, plant locations and
         elevations on the restoration base map, and maintenance techniques.

    v)  Documentation of performance standards, which provide a mechanism
         for making adjustments to the mitigation site when it is determined,
         through monitoring, or other means that the restoration techniques are
         not working.

    vi)  Documentation  of  the  necessary  management  and  maintenance
         requirements, and provisions for timely remediation should the need
         arise.

    vii) An implementation plan that demonstrates there is sufficient scientific
         expertise, supervision, and financial resources to carry out the proposed
         activities.

    viii) A monitoring program (see below for more details).

b) For a restoration plan to be deemed acceptable, it must also include evidence or
   other conclusive information that:

    i)   The site can be purchased prior to commencement of the development
         project and dedicated to a public agency or otherwise permanently
         restricted in use to 'open space'

    ii)  A bond or other method exists to guarantee successful completion of the
         mitigation project.

    iii) The site is located in an area no longer functioning in a manner
         beneficial to wetland species, such as a formerly productive wetland or
         estuary that is now biologically unproductive dry land.




                                    179








         iv)  The site can'be restored to 'equal or. greater biological productivity"
              (Coastal Act Section 30607.1) than the area lost, with the same type and
              variety of plant and animal species. That is, the mitigation wetland
              would replace the functions and values existing at the impacted
              wetland

         v), The site is located in the same regiorn (e.g., within the same water body
              or watershed) as the wetland impacted through development.

    c) The restoration plan shall include detailed construction and management plans
        that:

         i)  Identify the habitat values that will be created at the restoration site and
              the time frame for completion.

         ii)  Establishes monitoring and maintenance programs that provides an
              objective way to evaluate the success of the restoration project and
              ensure its long-term maintenance.

15) The monitoring plan provides an objective way to evaluate the success of the
    restoration project. When properly conducted, monitoring provides invaluable
    information regarding:

     * Compliance of the restoration plan: with the stated restoration goals.

     * Identification of major problems or flaws in the restored area.

     * Provide ways to improve future wetland restoration plans.

The monitoring program is intended to document changes in the physical, chemical,
and biological status of the restored area through the collection and analysis of relevant
data. The monitoring plan should include the following components:

a)  Provisions for independent monitoring of the site for at least five years after
    completion of the mitigation project. The intent is to continue monitoring until the
        succss"of the project has been determined.  For larger projects where new
    wetlands are created, extended monitoring will be required.

b)  Repetitive surveys for plants and animals (including species of special concern)
     throughout the various habitats of the restoration area using techniques that
    permit a determination of species composition and abundance (percent cover for
     plants). Both terrestrial and aquatic animals should be surveyed. At least one
     survey should occur prior to any restoration activities.


                                         180







c)   Monitoring of hydrology. For tidal wetlands this would include a determination of
     the areas inundated at high and low tide, tidal prism, and water velocity. For non-
     tidal wetlands, this would include determination of permanent and seasonal
     patterns of inundation and water sources.

d)  Monitoring of water quality. Repetitive sampling of various chemical and physical
    constituents such as salinity, pH, nutrient concentration, dissolved oxygen,
     temperature, and turbidity throughout the year. The sampling pattern may vary
    throughout the year and may include more intensive sampling over several tidal
    cycles to determine short term salinity patterns.

e)   Monitoring of soil chemistry. This will serve primarily to document trends in soil
    salinity in tidal wetlands, but may include measurements of other constituents as
     required.

  f)Ongoing procedures for the identification and corre ction of problems as they arise.
    Such problems may be related to the physical, chemical, or biological attributes of
    the restoration site, or difficulties in meeting restoration objectives and timelines.

g)   Provisions for timely analysis and production of annual reports. These reports will
    be distributed to the CCC and other interested parties. Upon completion of the
     monitoring program, a final monitoring report that analyses all monitoring data
     and presents different management options shall be completed.








                  Appendix D

Wetlands Resource And Regulatory Agencies Contact











































                       182










                                        Preface



This contac~t list is intended to facilitate communication and coordination among all
levels of government regarding activities involving wetlands. The document contains
an address and phone list of individuals involved 'in the management, regulation, and
preservation of California's wetlands. Individuals from both State and federal agencies
are listed. Additionally, a table is included that cross-references the regional offices of
State and federal agencies relative to various geographic areas of the State.

This is a publication of the State of California, California Coastal Commission pursuant
to National Oceanic and Atmospheric Administration Award No. NA270Z0288-01.
Although this document was prepared by the California Coastal Commission, much of
the information contained within was originally assembled by staff of the State Water
Resources Control Board.

It is intended for this contact list to be widely distributed. Anyone is free to copy and
*distribute this document as appropriate.



























                                           183









     WETLANDS RESOURCE AND REGULATORY
              AGENCIES CONTACT LIST


Contents:                           Page

RESOURCES AGENCY ............................................... 185

AQIUATIC HABITAT INSTITUTE .............................. 185

CA COASTAL COMMISSION .................................... 185

CA COASTAL CONSERVANCY ................................ 186

CA DEPARTMENT OF FISH AND GAME ................ 186

S.F. BAY CONSERVATION AND
DEVELOPMENT COMMISSION ................................ 187

DEPT. OF TRANSPORTATION-CALTRANS ............ 188

STATE LANDS COMMISSION ................................... 188

CA STATE AND REGIONAL WATER BOARDS ...... 188

DEPARTMENT OF WATER RESOURCES ................ 190

WILDLIFE CONSERVATION BOARD ...................... 190

US ARMY CORPS OF ENGINEERS ........................... 191

US ENVIRONMENTAL PROTECTION AGENCY ... 193

US FISH AND WILDLIFE SERVICE .......................... 194

US NATIONAL MARINE FISHERIES SERVICE ...... 195

US SOIL CONSERVATION SERVICE ...................... 195

TABLE: CROSS REFERENCE INDEX ..................... 196





                          184








                      STATE AGENCY CONTACTS


                          RESOURCES AGENCY

1416 Ninth Street, Room 1131
Sacramento, CA 95814 (916) 653-3006                    Fax (916) 653-8102

Craig Denisehoff   Wetlands Coordinator                (916) 654-2755


                     AOUATIC HABITAT INSTITUTE

Building 180
Richmond Field Station
1301 South 46th Street
Richmond, CA 94804 (510) 231-9539                      Fax (510) 231-9414

Josh Collins        Wetlands Specialist
                  (S.F. Bay)


                 CALIFORNIA COASTAL COMMISSION

HEADQUARTERS/NORTH COAST AREA OFFICE
45 Fremont Street, Suite 2000
San Francisco, CA 94105-2219 (415) 904-5200            Fax (415) 904-5400

Headquarters
Zach Hymanson    Wetlands Coordinator                  (415) 904-5253
Jim Raives                                             (415) 904-5280

North Coast Area Office
Steve Scholl                                           (415) 904-5260
Bob Merrill                                            (415) 904-5260

CENTRAL COAST AREA OFFICE
725 Front Street, Suite 300
Santa Cruz, CA 95060-4508 (408) 427-4863               Fax (408) 427-4877

Les Strnad





                                       185








COASTAL COMMISSION, CONT.

SOUTH CENTRAL COAST AREA OFFICE
89 South California Street, Suite 200
Ventura, CA 93001-2801 (805) 641-0142                Fax (805) 641-1732

Mark Capelli

SOUTH COAST AREA OFFICE
P.O. Box 1450
245 West Broadway, Suite 380
Long Beach, CA 90802-4416 (310) 590-5071             Fax (310) 590-5084

Teresa Henry

SAN DIEGO COAST AREA OFFICE
3111 Camino Del Rio North, Suite 200
San Diego, CA 92108-1725 (619)521-8036               Fax (619) 521-9672

Debora Lee


               CALIFORNIA COASTAL CONSERVANCY

1330 Broadway, Suite 1100
Oakland, CA 94612-2530 (510) 286-1015                Fax (510) 286-0470

Reed Holderman


           CALIFORNIA DEPARTMENT OF FISH AND GAME

STATE HEADQUARTERS
1416 9th Street
Sacramento, CA 95814 (916) 653-7664   -              Fax (916) 653-1856

Ken Anderson                                         (916) 657-2392
Robert Radovich   Wetlands Regulatory Coordinator    (916) 653-9757

REGION 1 - REDDING
601 Locust Street
Redding, CA 96001 (916) 225-2300                     Fax (916) 225-2381

John Siperek                                         (916) 225-2312


                                      186








DEPARTMENT OF FISH AND GAME, CONT.

REGION 2 - RANCHO CORDOVA
1701 Nimbus Road
Rancho Cordova, CA 95670 (916) 355-0978              Fax (916) 355-7102

David Zezulak                                        (916) 355-7030

REGION 3 - YOUNTVILLE
P.O. Box 47
Yountville, CA 94599                                  (707) 944-5500    Fax
(707) 944-5563

Carl Wilcox                                           (707) 944-5525

REGION 4 - FRESNO
1234 East Shaw Avenue
Fresno, CA 93710 (209) 222-3761                      Fax (209) 445-6426

Mike Mulligan                                         (209)445-6152

REGION 5 - LONG BEACH
330 Golden Shore, Suite 50
Long Beach, CA 90802 (310) 590-5132                  Fax (310) 590-5193

Curt Tausher                                         (310) 590-5137


                    S.F. BAY CONSERVATION AND
                     DEVELOPMENT COMMISSION

30 Van Ness Avenue, Room 2011
San Francisco, CA 94102-6013 (415) 557-3686          Fax (415) 557-3767

Steve McAdam
Steve Goldbeck










                                      187








          DEPARTMENT OF TRANSPORTATION - CALTRANS

STATE HEADQUARTERS
1120 N Street
Sacramento, CA 95814 (916) 654-2852                    Fax (916) 653-3291

Environmental Division
650 Howe Avenue
Sacramento, CA 95821                                   Fax (916) 263-1075

Veda Lewis          Wetlands Specialist                (916) 263-3416


                     STATE LANDS COMMISSION

STATE HEADQUARTERS
1807 13th Street
Sacramento, CA 95814 (916) 322-7777                    Fax (916) 322-3568

Environmental Planning And Management Division
Dwight E. Sanders  Chief                               (916) 322-7827


          STATE WATER RESOURCES CONTROL BOARD AND
           REGIONAL WATER OUALITY CONTROL BOARDS

STATE WATER RESOURCES CONTROL BOARD
Division of Water Quality
901 P Street
Sacramento, CA 95814 (916) 657-2390                    Fax (916) 657-2388

Oscar Balaguer                                         (916) 657-1025
Walt Shannon                                           (916) 657-1027


REGIONAL WATER QUALITY CONTROL BOARDS

REGION 1 - NORTH COAST
5550 Skylane Blvd., Suite A
Santa Rosa, CA 95403 (707) 576-2220                    Fax (707) 523-0135

John Hannum                                            (707) 576-2655




                                     188








REGIONAL WATER QUALITY CONTROL BOARDS, CONT.

REGION 2 - SAN FRANCISCO BAY
2101 Webster Street, Suite 500
Oakland, CA 94612 (510) 286-1255                       Fax (510) 286-1380

Michael Carlin      Dredging                           (510) 286-1325
Dick Whitsel        Fill & Minor Dredging              (510) 286-1329

REGION 3 - CENTRAL COAST
81 Higuera Street, Suite 200
San Luis Obispo, CA 93401-5427 (805) 549-3147          Fax (805) 543-0397

Adam White                                             (805) 549-369

REGION 4 - LOS ANGELES
101 Centre Plaza Drive
Monterey Park, CA 91754-2156 (213) 266-7500            Fax (213) 266-7600

Lauma Jurkevics                                        (213) 266-7609

REGION 5 - CENTRAL VALLEY
3443 Routier Road
Sacramento, CA 95827-3098 (916) 255-3000               Fax (916) 255-3015

Larry Beatty        Fresno Office                      (209) 445-6188
                                                    Fax (209) 445-5910
Jack Del Conte      Sacramento Office                  (916) 361-5600
Annie Payson        Redding Office                     (916) 224-4784
                                                    Fax (916) 224-4857

REGION 6 - LAHONTAN
2092 Lake Tahoe Blvd.
South Lake Tahoe, CA 96150 (916) 542-5400              Fax (916) 544-2271

John Short          Tahoe Office                       (916) 544-3481
Ken Carter          Victorville Office                 (619) 241-6583
                                                    Fax (619) 241-7308

REGION 7- COLORADO RIVER
73-720 Fred Waring Drive, Suite 100
Palm Desert, CA 92260 (619) 346-7491                   Fax (619) 341-6820

Cary Anderson                                          (619) 776-8945


                                        189









REGIONAL WATER QUALITY CONTROL BOARDS, CONT.

REGION 8 - SANTA ANA
2010 Iowa Avenue, Suite 100
Riverside, CA 92507-2409 (909) 782-4130                Fax (909)781-6288

Michael Adackapara                                     (909) 782-3238

REGION 9 - SAN DIEGO
9771 Clairemont Mesa Blvd., Suite B
San Diego, CA 92124 (619) 467-2952                     Fax (619) 571-6972

Greig Peters                                           (619) 467-2976


                 DEPARTMENT OF WATER RESOURCES

1416 9th Street, Rm 1121-2
Sacramento, CA 95814 (916) 653-5791                    Fax (916) 653-5028

Kate Hansel         Wetlands Coordinator               (916) 653-0562


                  WILDLIFE CONSERVATION BOARD

801 K Street, Suite 806
Sacramento, CA 95814 (916) 445-8448                    Fax (916) 323-0280

Scott Clemons         Riparian Habitat Program Manager
Marilyn Cundiff-Gee Wetlands Program Manager
















                                       190








                   FEDERAL AGENCY CONTACTS

                    U.S. ARMY CORPS OF ENGINEERS
                          REGULATORY STAFF

SACRAMENTO DISTRICT
1325 J Street, Room 1444
Sacramento, CA 95814-2922 (916) 557-5250             Fax (916) 557-7943

Art Champ          Chief Regulatory                  (916) 557-5252
Jean Elder                                           (916) 557-5256
Larry Vinzant                                        (916) 557-5263

Central Valley Unit (Chico to Tehachapis)
Tom Coe            Chief                             (916) 557-5255
Lou Cadwell                                          (916) 557-5253
Tom Cavanaugh                                        (916) 557-5261
Jim Monroe                                           (916) 557-5266
Kathy Norton                                         (916) 557-5260
Phyllis Petras                                       (916) 557-5259
Karen Shaffer                                        (916) 557-5269

Nevada/Sierra Unit (Northern CA, Eastern Sierra, Nevada)
Bob Junell         Chief                             (916) 557-5254
Mike Finan                                           (916) 557-5324
Brad Hubbard                                         (916) 557-5268
Kevin Roukey                                         (916) 557-5264
Ginger Tippett                                       (916) 557-5258

SAN FRANCISCO DISTRICT
211 Main Street, Room 802
San Francisco, CA 94105-1905 (415) 744-3036          Fax (415) 744-3320

Calvin Fong        Chief, Regulatory                 (415) 744-3036 x233

Compliance Section Jurisdictional Calls, NWPs, Enforcement & Compliance)
Sharon Moreland   Chief                              (415) 744-3318 x232
Eric Behn          North Area Manager                (415) 744-3318 x227
Robert Lawrence   South Area Manager                 (415) 744-3318 x234
Carin High         East Area Manager                 (415) 744-3318 x246
Dan Martel         Wetland Specialist                (415) 744-3318 x230
Molly Martindale  Mitigation Compliance              (415) 744-3318 x228
Jane Hicks                                           (415) 744-3318 x238


                                        191









U.S. ARMY CORPS OF ENGINEERS, CONT.
SAN FRANCISCO DISTRICT, CONT.

Permit Section (Permit Management, 404(b)(1) Analysis, Public Interest Review)
John Hendricks    Chief                              (415) 744-3324 x239
Mark D'Avignon                                       (415) 744-3324 x236
David Ammerman                                       (415) 744-3037 x241
Debra O'Leary                                        (415) 744-3324 x247
Bob Smith                                            (415) 744-3324 x237
Peter Straub                                         (415) 744-3325 x235
Craig Vassell                                        (415) 744-3324 x240

Impact Analysis Section (EIAs, EIS Management, Mitigation Plan Evaluation,
Aerial Photos)
Lars M. Forsman   Chief                              (415) 744-3322 x226
Peter Baye                                           (415) 744-3322 x223
Jennifer Vick                                        (415) 744-3322 x225
Wade Eakle         Dredging Program Manager          (415) 744-3325 x222
Karl Motoyama                                        (415) 744-3318 x231
Jennifer Vick                                        (415) 744-3322 x225

LOS ANGELES DISTRICT
300 North Los Angeles Street, Room 6062
Los Angeles, CA 90012 (213) 894-5606                 Fax (213) 894-2151

John Gill          Chief Regulatory

North Coast Section
David Castanon    Chief
Fari Tabatabai     Los Angeles
Cheryl Conel       Los Angeles
Erin Allen         Los Angeles

South Coast Section
Michelle Waltz     Chief
Bob Smith          Riverside County
Fari Tabatabai     Los Angeles County
ï¿½Mark Sudol         Backlog
Bruce Henderson   Orange County






                                        192







U.S. ARMY CORPS OF ENGINEERS, CONT.

LOS ANGELES DISTRICT, CONT.
Ventura Field Office
2151 Allessandro Drive, Suite 100
Ventura, CA 93001 (805) 641-1127                       Fax (805) 641-0230
Diane Noda          Wetlands Technical Information     (805) 641-1128
Tiffany Welch                                          (805) 641-2935
Mike Jewell                                            (805) 641-0301

San Diego Field Office
9808 Scranton Road, Suite 430
San Diego, CA 92121 (619) 455-9406                     Fax (619) 455-1060
Elizabeth White    Wetlands Technical Information      (619) 455-9422
David Zoutendyk  Biologist                             (619) 455-9414


                  U.S. ENVIRONMENTAL PROTECTION
                           AGENCY. REGION IX

HEADQUARTERS
75 Hawthorne Street
San Francisco, CA 94105-3901 (415) 744"2300            Fax (415) 744-1078

WETLANDS PERMITS AND ENFORCEMENT SECTION
Clyde Morris        Chief                              (415) 744-1962
Stephanie Wilson  Acting Chief                         (415) 744-1968

Permits and EIS Review
Nancy Dubbs                                            (415) 744-1969
Harriet Hill                                           (415) 744-1980
Paul Jones                                             (415) 744-1976
Suzanne Marr        Wetlands Planning                  (415) 744-1974
Mike Monroe                                            (415) 744-1963
James Romero                                           (415) 744-1967
Tom Yokem           Wetlands Technical Information     (415) 744-1975

Enforcement
Juliet Hannafin                                        (415) 744-1973
Robert Leidy                                           (415) 744-1970
Wendy Molgin                                           (415) 744-1966
Aaron Setran                                           (415) 744-1981




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                   U.S. FISH AND WILDLIFE SERVICE

NORTHERN CALIFORNIA OFFICE
2800 Cottage Way, Room E-1823
Sacramento, CA 95825-1846                            (916) 978-5408
                                                   Fax (916) 978-4619

Wetlands Branch                                      (916) 978-4613
Mike Accituno      Chief
Mike Long          Wetlands Technical Information
Jim Browning
Darren Fong
Mark Littlefield
Ruth Pratt


CENTRAL CALIFORNIA OFFICE
2140 Eastman Avenue, Suite 100
Ventura, CA 93003 (805) 644-1766                     Fax (818) 904-6288

Naomi Mitchell    San Luis Obispo, Santa Barbara Counties
Cathy Brown        Ventura, Inyo, Mono Counties
Ray Bransfield     San Bernardino County
Carey Phillips     Vandenberg Air Force Base


SOUTHERN CALIFORNIA OFFICE
2730 Locker Avenue West
Carlsbad, CA 95825-1846 (619) 431-9440               Fax (619) 431-9624

404 Permit Review
Jack Fancher       Chief
John Hanlon        Los Angeles County
Loren Hays         Orange County
John Konecny       Western Riverside County
Art Davenport      Eastern Riverside, Imperial Counties
Ann Kreger         North San Diego County
Nancy Gilbert      South San Diego County
Martin Kenney      San Diego Bay, Tijuana River, Valley







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U.S. FISH AND WILDLIFE SERVICE, CONT.

PORTLAND EASTSIDE FEDERAL COMPLEX
911 N.E. 11th Ave.
Portland, OR 97232-4181

Dennis Peters      Wetlands Coordinator              (503) 231-6154
                  (National Wetlands Inventory)    Fax (503) 231-6243



             U.S. NATIONAL MARINE FISHERIES SERVICE

NORTHERN AREA (Above Morro Bay)
777 Sonoma Avenue, Room 325
Santa Rosa, CA 95404 (707) 578-7513                  Fax (707) 578-3435

Michael Thabault

SOUTHERN AREA (Below Morro Bay)
510 West Ocean, Suite 4200
Long Beach, CA 90802 (310) 980-4043                  Fax (310) 980-4047

Bob Hoffman


                 U.S. SOIL CONSERVATION SERVICE

STATE OFFICE
2121-C Second Street, Suite 102
Davis, CA 95616-5475 (916) 757-8200                  Fax (916) 757-8382

Gene Kelly         State Wetlands Biologist          (916) 757-8309













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                                       CROSS REFERENCE INDEX
                  FOR STATE AND FEDERAL AGENCIES WITH REGIONAL JURISDICTIONS*


                                  State Agencies                              Federal Agencies
Region         RWQCB              DFG                CCC          ACOE            FWS          NMFS
North Coast    Santa Rosa (1)     Redding (1)        San          San Francisco . Sacramento   Santa Rosa
                                 Yountville (3)     Francisco
Northeast      Sacramento (5)    Redding (1)         N/A          Sacramento    Sacramento   Santa Rosa
Interior       S. Lk. Tahoe (6)    Ran. Cordova (2)
San Francisco   San Francisco (2)  Yountville (3)    San           San Francisco   Sacramento   Santa Rosa
Bay Area                                             Francisco
Central Coast   Oakland (2)       Yountville (3)     Santa Cruz    Los Angeles    Sacramento   Santa Rosa
               S. L. Obispo (3)                                   San Francisco  Ventura
East Central   Sacramento (5)    Ran. Cordova (2)   N/A            Los Angeles    Sacramento   Santa Rosa
Interior       S. Lk. Tahoe (6)    Fresno (4)                     Sacramento    Ventura
                                 Long Beach (5)
South Central   S. L. Obispo (3)    Yountville (3)   Ventura       Los Angeles    Carlsbad      Long Beach
Coast          Monterey (4)       Long Beach (5)                                  Ventura
South Coast     Monterey (4)      Long Beach (5)     Long Beach   Los Angeles    Carlsbad       Long Beach
               Riverside (8)
Southeast      Sacramento (5)    Long Beach (5)      N/A           Los Angeles    Carlsbad      Long Beach
Interior       Palm Desert (7)                                                    Ventura
San Diego      San Diego (9)      Long Beach (5)     San Diego    Los Angeles    Carlsbad       Long Beach
Coast

* Region office numbers are in parentheses.






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