The California Water Boards' Annual Performance Report - Fiscal Year 2016-17

REGULATE: WATER QUALITY CERTIFICATION PROGRAM

GROUP:

401 Water Quality Certifications

MEASURE
3, 4 :

AVERAGE NUMBER OF DAYS BETWEEN RECEIPT OF AN INDIVIDUAL 401 APPLICATION AND INITIAL REGULATORY ACTION ON THAT APPLICATION
AVERAGE NUMBER OF DAYS BETWEEN RECEIPT OF ALL SUPPLEMENTAL INFORMATION AND INDIVIDUAL 401 CERTIFICATION, OR DENIAL

MESSAGE:

Application Received

Measure
3 >>>

Staff analyzes all project information and consults with the applicant and other agencies to ensure empacts are avoided and minimized to the greatest possible extent, and to require appropriate compensatory mitigation for unavoidable impacts

Measure
4 >>>

Certification Issued or
Denied

MEASUREMENTS - Data Last Updated on:

State and Regional Water Boards

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WHAT THE MEASURE IS SHOWING

WHY THIS MEASURE IS IMPORTANT

TECHNICAL CONSIDERATIONS

Data Source: CIWQS. Period July 1, 2016 to June 30, 2017.
Data Definitions: Measure 3: is the average number of days between receipt of an individual 401 application and initial regulatory action. A regulatory action includes the following:
- Denied, denied without prejudice, or withdrawn
- Notice of incomplete application
- Notice of complete application
- Certification issued
- Supplemental (additional) information request
Measure 4: is the average number of days between the latest of two events: 1) the application complete date or 2) the receipt of all supplemental information and individual 401 certification issuance or denial, in the fiscal year (i.e., includes applications with application complete and supplemental information received dates in the prior fiscal year but made effective in FY 15/16). CIWQS data entry during the FY 2016/17 period did not consistently include all of the milestone dates necessary for accurate reporting of the these Performance Measures. Therefore, the FY 2016/17 Performance Report for the Water Quality Certification Program has somewhat limited accuracy. Program staff is implementing additional data entry requirements to capture these milestones and FY 2017/18 Program data should be more reliable and accurate.
References:

Glossary

401 Water Quality Certification and Wetlands Program: The State and Regional Water Boards issue water quality certifications for projects that may discharge dredged or fill material into a waterbody. The 401 Water Quality Certification and Wetlands Program protects all California surface waters, but has special responsibility for wetlands, riparian areas, and headwaters because these waterbodies have high resource value, are vulnerable to filling, and are not systematically protected by other programs.
Application: Those seeking a water quality certification file an application with the appropriate regional board, depending on project location.
CIWQS: The California Integrated Water Quality System (CIWQS) is a web-based relational database for core regulatory data. Using this system, both staff and the public can access data related to places of environmental interest, permits and other orders, inspections and violations and enforcement activities.
Discharge of Dredge Material: Discharge of Dredged Material means addition of dredged material, material that is excavated or dredged from waters of the state, including redeposit of dredged material other than incidental fallback within, to the waters of state.
Discharge of Fill Material: Means the addition of fill material has the effect of replacing any portion of a water of the state with dry land or changing the bottom elevation of any portion of a water of the state.
Executive Order W-59-93, commonly referred to as California's "no let loss" policy for wetlands.: In accordance with Executive Order W-59-93, the Water Quality Certification Program works to ensure that the Water Board's regulation of dredge and fill activities will be conducted in a manner "to ensure no overall net loss and long-term net gain in the quantity, quality, and performance of wetlands acreage and values." The Water Boards are committed to increasing the quantity, quality, and diversity of wetlands that qualify as waters of the state.
Regulatory Timeclocks: According to state and federal regulation the following regulatory time clocks apply:
30 days-Within 30 days of receipt Water Board staff deem an application complete or incomplete.
60 days-Once an application has been approved, Water Board staff have 60 days to certify the project or ask for a time extension from the United States Army Corps of Engineers.
180 days-Water Board staff must certify or deny a project within 180 days after the latest of two events: issuance of a complete application, or 180 days from a lead agency CEQA determination.
Water Quality Certification Program Goals: Goal 1: To provide efficient, reliable and consistent service to the public
Goal 2: To protect the functions and beneficial uses of waters from dredge and fill/excavation activities
Goal 3: To ensure dredge and fill/excavation activities do not cause net loss of wetlands

(Page last updated: 1/22/18)