[env-trinity] Fwd: Suction dredge status July 5, 2011

[Mark Dowdle - TCRCD]

-------- Original Message --------
Subject: 	Suction dredge status July 5, 2011
Date: 	Tue, 5 Jul 2011 11:09:16 -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

Governor Brown vetoed specific parts of the State budget bill (i.e. SB
87), eliminating the provisions which would have prohibited the
Department of Fish and Game from expending any funds for the development
of suction dredge regulations. His message stated

  "I am deleting Provision 3, which would prohibit the Department of
Fish and Game from using funds appropriated in this item for
suction-dredge regulation, permitting, or other activities, except
enforcement and litigation costs.  This provision would prohibit the
Department from completing a court-ordered Environmental Impact Report
regarding the impacts of suction dredge mining on Coho salmon and other
threatened or endangered species.  While I am vetoing this language to
ensure the Department is not in violation of the court order, I direct
the Secretary of Resources to examine the program and associated
policies before restarting the permit process."

This action resolves some of the uncertainty about completion of the
regulation writing process and compliance with the California
Environmental Quality Act (CEQA), which we had projected for completion
in November of 2011. As of this moment, the Governor has not acted yet
on a related budget trailer bill, i.e. AB 120. AB 120 includes the
following language:

""(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."

The key elements are that the current moratorium is extended to June
30, 2016 unless, as before, the Department of Fish and Game complete its
environmental review under CEQA, adopts new regulations and those
regulations take effect. It adds two new requirements. First, all
significant impacts must be fully mitigated. This appears to be a
different standard for approval than we were previously working toward,
however, the term "fully mitigate" is not defined in CEQA or the Fish
and Game Code. And a new fee structure must be in place. This latter
requirement will require legislation. Each new requirement has the
potential to affect the substance of the outcome and timing of these
efforts.

Currently, we continue to work on the regulations and Final SEIR. Once
the outcome of AB 120 is known we will reconsider how this effort will
proceed.


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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