[env-trinity] Fwd: Status of DFG work on suction dredge EIR and Regulations, June 20, 2011

[Mark Dowdle - TCRCD]

-------- Original Message --------
Subject: 	Status of DFG work on suction dredge EIR and Regulations, June 
20, 2011
Date: 	Mon, 20 Jun 2011 12:00:06 -0700
From: 	Mark Stopher <MStopher at dfg.ca.gov>
Reply-To: 	mstopher at dfg.ca.gov
To: 	Mark Stopher <MStopher at dfg.ca.gov>



Interested Parties

I am receiving quite a few requests for information, so I offer the
following update.

The public comment period closed on May 10 and DFG commenced the review
of all comments. Over 9,000 email form letters were received opposing
any and all suction dredge mining. Several hundred form letters were
received through regular mail supporting suction dredging. Many
additional letters with substantive and detailed comments were also
received. There is a lot of information to sift through, organize and
consider in preparing the Final EIR and Final regulations. We have been
and continue to work on those tasks. We said before we expected to
complete the regulatory process in November of this year. We are capable
of meeting that goal, unless we are directed otherwise by the
legislature and the Governor.

Many of you know that the legislature has been considering language
which would extend the current moratorium another five years, with
certain provisions for ending the moratorium earlier and also restrict
the use of State funds to continue the regulatory process.

Budget Trailer Bill AB 120, (amended June 8, 2011), and approved by the
Assembly (on June 15) and Senate (on June 10) includes the following
language on page 6:

"(12) Existing law designates the issuance by the Department of Fish
and Game of permits to operate vacuum or suction dredge equipment to be
a project under the California Environmental Quality Act (CEQA), and
suspends the issuance of permits, and mining pursuant to a permit, until
the department has completed an environmental impact report for the
project as ordered by the court in a specified court action. Existing
law prohibits the use of any vacuum or suction dredge equipment in any
river, stream, or lake, for instream mining purposes, until the Director
of Fish and Game certifies to the Secretary of State that (a) the
department has completed the environmental review of its existing vacuum
or suction dredge equipment regulations as ordered by the court, (b) the
department has transmitted for filing with the Secretary of State a
certified copy of new regulations, as necessary, and (c) the new
regulations are operative. This bill would modify that moratorium to
prohibit the use of vacuum or suction dredge equipment until June 30,
2016, or until the director’s certification to the secretary as
described above, whichever is earlier. The bill would additionally
require the director to certify that the new regulations fully mitigate
all identified significant environmental impacts and that a fee
structure is in place that will fully cover all costs to the department
related to the administration of the program."

I am not aware of any action taken yet by Governor Brown on this bill.

The Senate (SB 98) and Assembly (AB 98) budget bills, which passed both
houses on June 15, included the following language:

"The funds appropriated in this item shall not be used by the
Department of Fish and Game for suction 3. dredge mining regulation,
permitting, or other activities, except litigation and enforcement
costs."

Governor Brown vetoed this bill.

It remains unclear when the State budget will be signed by the Governor
and take effect. If the above budget language and trailer bill language
is ultimately included in the approved budget, DFG's current
interpretation is that we must terminate further work on developing a
Final EIR and regulations. In the meanwhile we are continuing work on
both the Final EIR and regulations.

I have been asked by several members of the public if we can expedite
our work so the regulations take effect sooner rather than later, so
that we could be finished before being directed to stop work. In my
opinion, that approach is neither feasible or productive. There is
simply too much substantive public comment to consider, respond to, and
integrate into the Final EIR and regulations. This work takes time and
it provides no enduring value if it is not done well.



Mark Stopher
Environmental Program Manager
California Department of Fish and Game
601 Locust Street
Redding, CA 96001

voice 530.225.2275
fax 530.225.2391
cell 530.945.1344
mstopher at dfg.ca.gov





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