Ag Industry Comments ON STATEWIDE PROCEDURES FOR DISCHARGES OF DREDGED OR FILL MATERIALS

• Sep 18, 2017
• Comment Letters

Agency: State Water Resources Control Board

Subject: Procedures for Discharges of Dredged or Fill Materials to Waters of the State

Letter excerpt:

Consequently, we ask that the State Board please consider the following broad-based concerns regarding the Procedures’ scope, lack of clarity, consistency, and duplication and conflict;

• Scope: The procedures must serve a public need that is not currently being addressed. Beyond filling the regulatory gap, it is very unclear exactly what problem, if any, the Procedures are attempting to solve.
• Lack of Clarity: The Procedures must be clear, well defined, and not allow for subjective case-by-case determination. The public, and water board staff as well, will be best served with clear application requirements and Procedures.
• Consistency: The Procedures must recognize that the vast majority of permit applications are also subject to federal oversight. Therefore, mandating a state program that is inconsistent with federal law is problematic.
• Duplication and Conflict: The Procedures must protect against needless duplication of federal requirements. Such duplication can be costly and create needless delays. Additionally, the Procedures create inconsistencies with federal requirements and other programs, such as the California Department of Fish and Wildlife’s lake and streambed alternation program.

Download comment letter