Ecosystem Restoration: An Ecologists Field Notes on Law, Policy and Ecology

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Ecosystem RestorationAn Ecologists Field Notes
on Law, Policy and Ecology

• C. Greg Anderson, Ph.D.
• The University of the Pacific
• Department of Biological Sciences

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Law, Policy, and Ecology

• Calaveras Project Description
• Calaveras River Watershed
• Calaveras Demonstration Project Area
• Project Goals
• Problematic Issues in Restoration
• Legal Issues (Regulatory)
• Jurisdictional and Permitting Issues
• Accessibility for Grassroots Initiatives
• Solutions (Suggestions)
• Centralized Information Source
• Checklists of Agencies/Permitting Authorities

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California Riparian Habitat Losses

• 89 loss of riparian woodland statewide
• 90-98 decline of Sacramento River riparian and
  bottomland forests
• 88.9 loss of Central Valley riparian forests
• 99 of Central Valley riparian forests destroyed
  within 100 years after settlement
• 99.9 loss of Central Valley riparian oak forest

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Upper Reach (from CRWSG Website)
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New Hogan Reservoir (from CRWSG Website)
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New Hogan Dam (from CRWSG Website)
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New Hogan Dam (from CRWSG Website)
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New Hogan Reach (from CRWSG Website)
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Canyon Reach (from CRWSG Website)
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Canyon Reach (from CRWSG Website)
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Canyon Reach (from CRWSG Website)
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End of Canyon Reach near Valley Floor (from CRWSG
Website)
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Jenny Lind Reach (from CRWSG Website)
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Jenny Lind Reach (from CRWSG Website)
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Shelton Road Reach (from CRWSG Website)
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Shelton Road Reach (from CRWSG Website)
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Shelton Road Reach (from CRWSG Website)
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Bellota Weir Diversion at Mormon Slough (from
CRWSG Website)
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Mormon Slough Diversion (from CRWSG Website)
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Old Calaveras Channel, East Stockton (Photo
by  J.D. Wikert )
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Old Calaveras River in Stockton

• Dry for most of its length, most of the year
• Enters east side of town and bisects the city
• Passes through areas of light industrial,
  commercial, and residential areas
• Several overpasses provide protection for a
  number of homeless encampments
• Tidal influence provides water from the San
  Joaquin in the last 2 miles before the confluence

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Calaveras Demonstration Project Area
Section 7048(e) of the California Water Code,
defines the term urban creek" as "a creek which
crosses built-up residential, commercial, or
industrial property, or which crosses land where,
in the near future, the land use will be
residential, commercial, or industrial".
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• The Calaveras is either the Central Valleys
  most beautiful or most putrid river, depending on
  whether youre looking at its whitewater canyon
  reaches near New Hogan Dam or the polluted mess
  (feces and trash-strewn) at the rivers end.
• Audrey Cooper (Stockton Record, August 8, 2004)

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Canyon Reach (from CRWSG Website)
Pacific Campus Reach (from The Stockton Record)
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Calaveras Demonstration Project Area

• Flows through Stockton dividing the University
  of the Pacific Campus
• Reach through campus is bound by bridges on two
  major roads (Pacific to the E , Pershing to the
  W)
• 43 acres in North Campus, 77 in Central, 48 in
  South
• Levees on north and south banks disconnect river
  from floodplain, bike path on north levee
• Virtually no flow from upstream most of the year
  tidal influence keeps water in it year-round
• Invasive species predominate

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Calaveras Demonstration Project Area
Pacific Central Campus Area
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Old Calaveras Channel near University of the
Pacific (Photo by  J.D. Wikert )
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Calaveras River Demonstration Project

• Project Goals
• Biological Surveys/Inventory
• Flora
• Fauna
• Insects
• Aquatic Invertebrates
• Aquatic Vertebrates
• Reptiles, Birds, and Mammals
• Habitat Restoration/Rehabilitation Work
• Water Quality Assessment/Analysis
• Water Flow Data Collection
• Monitoring and Maintenance

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Endangered Species Benefits

• Possible habitat improvement for
• Delta smelt (via geomorphology)
• Valley Elderberry Longhorn Beetle (via plant
  introductions)
• Steelhead Trout and Chinook Salmon (Fall and
  Winter Runs) (via water quality improvements and
  increased access/flow)
• Numerous plants (removal of invasives and
  reintroduction of natives)

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Community Aspects

• K-12 Student involvement
• Brookside Elementary (LUSD)
• Claudia Landeen Elementary (LUSD)
• Kohl Elementary (SUSD)
• Stagg High (SUSD)
• Other Important Stakeholder Groups
• Anadromous fish groups (CRFG, CFF, et al.)
• Citizen concern groups (Private, Yacht Club)
• Local riverside residents (Brookside, etc.)

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Implementation Stages

• Design and Partnership Development
• Consultants
• Landscape design
• Stakeholder Recruitment
• Permitting
• Construction, Revegetation
• Remove invasive weeds, Native plant
  re-introductions
• Hydrodynamic re-engineering
• Monitoring, Maintenance, Education
• Adaptive management/Faunal responses

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Problematic Issues

• Jurisdiction on public waterways can be complex
• No clearinghouse for information on authority
• Permitting can be incomplete
• Laws and Codes can appear redundant
• Permitting for a single restoration purpose may
  require paperwork from multiple agencies
• Many agencies control different aspects of the
  same resource
• Agency Accessibility (i.e. no local office)
• Lack of personal contact with agencies

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Permitting Issues
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More Permitting Issues
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Further Permitting Issues
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Initial Permitting Impression
Final Permitting Impression
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Possible Permitting Process Outcomes

• Give up on the project altogether
• Persevere, overcoming all of the possible
  bureaucratic obstacles and delays
• Alter the restoration plan to fit those permits
  that are easiest to obtain
• Combine forces with agencies that already have
  permits (or are in fact the controlling agency)
• Hire a professional with expertise and experience
  in permitting (consultants, consultants,
  consultants)

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Solutions (Suggestions)

• Consultants, consultants, consultants
• Use one regulatory body to lead you to others
• Produce one all inclusive project proposal that
  can be submitted to all relevant agencies
• Regulatory and permitting agencies
• Funding agencies
• Consult with other groups about problems
• Ensure that you are in compliance with permit
• Double check before beginning any destructive or
  invasive procedures

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Combined Permitting Checklist
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• Permit Agency
• A- State Stream Protection Act Montana Fish,
  Wildlife Parks
• B- Storm Water Discharge General Permits Dept of
  Environmental Quality
• C- Streamside Management Zone Law Dept of
  Natural Resources and Conservation
• D- Montana Floodplain Floodway Dept of Natural
  Resources Conservation
• Management Act
• E- Short-term Exemption from Montana's Dept of
  Environmental Quality
• Surface Water Quality Standards (3a)
• F- Montana Natural Streambed and Land Montana
  Association of Conservation Districts
• Preservation Act (310) and Dept of
  Natural Resources Conservation
• G- Montana Land-use License or Easement Dept of
  Natural Resources Conservation on
• Navigable Waters
• H- Montana Water Use Act Dept of Natural
  Resources Conservation
• I- Federal Clean Water Act (Section 404) U. S.
  Army Corps of Engineers
• J- Federal Rivers and Harbors Act (Section 10)
  U. S. Army Corps of Engineers
• K- Other laws that may apply depending upon
  Various agencies
• your location and activity

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Law, Policy, and Ecology

• Ecologists deal with laws of Nature, but are
  often not familiar with Civil Law
• In dealing with laws (as in science), when faced
  with problems beyond your expertise, one should
  seek an expert in the field (consultants,
  consultants, consultants)
• Seek like minded groups and individuals
• If the restoration goal is worthy, persistence
  and determination are key elements
• Always remember that you are fighting the good
  fight

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Conclusions

• Restoration projects will continue to increase
  and more citizen groups will initiate them
• Government needs to be more responsive since this
  can reduce its burden (centralize the
  information, make permitting more simple, and
  produce regulatory agency checklists)
• Groups need to cooperate more and share
  information (and use many different resources)
• Regulations and laws are not inherently evil in
  fact the opposite is true- they are what now
  protect the environment from degradation.
• Determination and resolve can win the day

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Acknowledgements

• Prof. Greg Weber
• Connie Neumann
• Pacific/McGeorge Center for Global Business and
  Development

• Dean Gary Miller
• Chantel Guinto, et alia
• Kari Burr
• CRWSG
• USFWs AFRP
• Delta Keeper