Rules Governing Authority Compliance with the Procedures. The following rules apply to the Authority’s upcoming applications for new WQCs and applications requesting material amendments to the existing WQCs that cover Construction Package (CP) 1 (Merced to Fresno) and Construction Packages 2/3 and 4 (Fresno to Bakersfield): Upon the effective date of the MOU, amendments to the existing Merced to Fresno and Fresno to Bakersfield Section WQCs are:
Rules Governing Authority Compliance with the Procedures. 1 The discussion also applies to applications for waste discharge requirements pursuant to Cal. Water Code § 13260 et seq. The following rules apply to the Authority’s upcoming applications for new WQCs and applications requesting material amendments to the existing WQCs that cover Construction Package (CP) 1 (Merced to Fresno) and Construction Packages 2/3 and 4 (Fresno to Bakersfield): Upon the effective date of the MOU, amendments to the existing Merced to Fresno and Fresno to Bakersfield Section WQCs are:
Rules Governing Authority Compliance with the Procedures. The following rules apply to the Authority’s upcoming applications for new WQCs and applications requesting material amendments to the existing WQCs that cover Construction Package (CP) 1 (Merced to Fresno) and Construction Packages 2/3 and 4 (Fresno to Bakersfield): Upon the effective date of the MOU, amendments to the existing Merced to Fresno and Fresno to Bakersfield Section WQCs are: Able to rely on delineations previously submitted to State Water Board so long as the project, as amended, does not affect aquatic resources that were not previously delineated. Section II and III of the Procedures shall not affect the previous delineation unless the lack of vegetation was the sole reason why an area was not delineated as a wetland. In such cases, any such unvegetated areas should be classified as a wetland for the State Water Board. Required to comply with Sections II (Wetland Definition) and III (Wetland Delineation) where a new delineation is required to add a new, previously undelineated area to the WQC. Not required to comply with Section IV (Procedures for Regulation of Discharges of Dredged and Fill Material to Waters of the State) per footnote 9, as described above. Upon the effective date of the MOU, applications for new WQCs are: Required to comply with Sections II (Wetland Definition) and III (Wetland Delineation). Not required to comply with Section IV (Procedures for Regulation of Discharges of Dredged or Fill Material to Waters of the State) per footnote 9. Table 1, Procedures Compliance for Applications for New and Amended WQC, lists applications for new and amended WQCs and identifies the MOU and Procedures’ compliance requirements for each application by applying the rules listed above. Table 1: Procedures Compliance for Applications for New and Amended WQCs Section WQC Application, Application Date* Before Effective Date – Procedures N/A After Effective Date – Required Compliance w/ Procedures (Sections II & III) After Effective Date – Required Compliance w/ Procedures (Section IV) M-F (amend) for new CVY crossings, addendum forthcoming Fall 2019 X (1) M-F (amend) to modify the crossing at Xxxxxxx Creek Tributary (delineation on file), Summer 2020 X (2a) 0 (2a) F-B (amend) for new LGA crossings, Summer 2020 X (2b) 0 (2c) SJ-M (new), Summer 2020 X (3a) 0 (3b) * Dates are approximate and used for illustrative purposes. ** Per the rules listed above, an “X” indicates the rule in the table that governs the listed application and a “0” indica...
