Rural Roads General Order
Best Management Practice Requirements for the Rural Roads General Order
The Order requires landowners and/or their responsible agents (Applicant) that are seeking authorization to adhere to pre-defined Best Management Practices (BMPs) applicable to site conditions to avoid, minimize, or mitigate impacts to water quality.
Conformance with the Order requires the Applicant to 1) certify their understanding of the erosion and sediment control BMPs identified by the Pacific Watershed Associates (PWA) in the Handbook for Forest, Ranch and Rural Roads (2015) or other similar guidance documents referenced in the Order; and 2) certify that their proposed activity conforms with the BMP standards identified in the PWA Handbook as Characteristics of Storm-Proofed Roads (Page 229, Figure 204). The PWA Handbook can be downloaded for free at the following locations: Updated Handbook for Forest, Ranch and Rural Roads | Pacific Watershed Associates or https://www.pacificwatershed.com/roadshandbook. An accompanying video produced by the Mendocino County Resource Conservation District and PWA titled Overview of the Handbook for Forest, Ranch & Rural Roads can be found at: Storm-Proofing Forest, Ranch and Rural Roads (Eel River Roads Video) – YouTube or https://www.youtube.com/watch?v=U1bNYKLgZ4A.
Project Categories
The five different project types listed below are available for coverage under the Order and are subject to different fees.
- Existing Road or Watercourse Crossing Reconstruction Projects
- Grant Funded Projects
- Roads and trail projects on California State Parks lands
- New Road or Watercourse Crossing Construction Projects
- Projects Required Through a Regulatory Enforcement Action
Projects that meet the eligibility criteria from 1 through 3 above currently qualify for Discharge Category D, from the State Water Board’s fee schedule. Projects eligible for categories 4 through 5 will likely fall into Discharge Category A, Fill and Excavation Discharges as described in the State Water Board’s fee schedule. The fee calculator can be found online at: https://www.waterboards.ca.gov/water_issues/programs/cwa401/#fees.
The calculator is useful for estimation of fees, but project proponents must confirm the correct fee amount through consultation with the Regional Water Board prior to submitting payment. Appropriate fees will be determined by the current fee regulations at the time of NOI submittal for an individual project.
How to File for Coverage
To seek coverage for a rural road project under this Order, a discharger must submit a completed Notice of Intent (Attachment B below) and application fee to the Regional Water Board. The completed Notice of Intent can be submitted to northcoast@waterboards.ca.gov or send a hard copy by mail to our office. The Notice of Intent provides instructions for potential applicants and must be signed by the Discharger and certify the intent to implement all applicable BMPs and comply with all applicable requirements of this Order and described in the Notice of Intent. Upon receipt of a completed Notice of Intent, Regional Water Board staff will review the project and within 30 days of receipt, either determine the project complies with the requirements of the Order and provide the project proponent with a Notice of Applicability, that additional information is necessary to complete the NOI or that the project does not comply with the Order.
For further information, please contact Regional Board Staff member, Jim Burke at (707) 576-2289, or at James.Burke@waterboards.ca.gov.
Links:
- Order No. R1-2024-0002
- Attachment A - General Mitigation Measures
- Attachment B - Notice of Intent
- Attachment C - Notice of Termination Form
- Attachment D - Monitoring Inspection Form
- Attachment E - Compensatory Mitigation Guidance
- Attachment F - Supplemental Order Findings