Permitting &
Regulatory Compliance

In the ever-changing regulatory environment surrounding jurisdictional waters and wetlands, we work hard to keep our knowledge and skills up to date. We guide projects through permitting procedures and other actions required by Sections 401 and 404 of the Clean Water Act (CWA), Section 10 of the Rivers and Harbors Act, Section 1602 of the California Fish and Game Code (FGC), the California Coastal Act of 1976, the Coastal Zone Management Act of 1972, McAteer-Petris Act, and other state and federal laws. We routinely secure CWA Section 404 nationwide and individual permits, CWA Section 401 Water Quality Certifications, and FGC Section 1602 Streambed Alteration Agreements. We also have experience with obtaining encroachment permits from the Central Valley Flood Protection Board (CVFPB), as is required for projects carried out in CVFPB designated floodways and regulated streams.

Critical to this work are our relationships with the U.S. Army Corps of Engineers, Regional Water Quality Control Boards, California Department of Fish and Wildlife, California Coastal Commission, Bay Conservation and Development Commission, and other agencies. Live Oak Associates is held in high regard by the regulatory agencies, an asset that undoubtedly improves permitting outcomes.

Our clients rely on our expertise to identify potential project constraints related to listed species, and to steer compliance with the California and federal Endangered Species Acts. For projects that may impact federally-listed species, we support Section 7 and 10 consultations with the preparation of Biological Assessments and Habitat Conservation Plans, respectively. In either case, we work closely with the U.S. Fish and Wildlife Service, National Marine Fisheries Service, other participating federal agencies, and the project applicant to ensure that documentation meets all federal requirements, and that appropriate conservation strategies are adopted, where applicable, to minimize “take” of federally-listed species and ensure that their continued existence is not jeopardized.

For projects that may impact state-listed species, we prepare applications for California Fish and Game Code Section 2081 Incidental Take Permits (ITPs). We work with the California Department of Fish and Wildlife to facilitate timely permit issuance and to negotiate changes to permit terms and conditions as needed.

The California Coastal Commission, in partnership with coastal cities and counties, plans and regulates the use of land and water in the coastal zone. We navigate projects through Coastal Commission procedures, conducting the required site surveys, coordinating with local jurisdictions, and obtaining permits.

In some cases, a project’s CEQA/NEPA document or regulatory permits require biological oversight during construction to provide for the protection of sensitive resources. This can include monitoring construction activities to ensure compliance with permit conditions, monitoring protected species to ensure they are not harmed by construction activities, monitoring the work area for the presence of protected species potentially requiring salvage and relocation, or some combination thereof. We routinely provide construction-phase monitoring services and are qualified to address specific monitoring requirements for a wide range of species.

As part of our monitoring responsibilities, we prepare daily monitoring reports, quarterly and annual status reports, and various other deliverables stipulated by project permits. Throughout our monitoring effort, we maintain close communication with the client, construction contractor, and other members of the project team to coordinate workflows and address any compliance issues that arise.

Education programs or worker environmental awareness programs (WEAPs) for construction personnel are commonly required by CEQA/NEPA documents and regulatory permits. Our biological education programs are customized for each project and may cover a single special status species or a wide range of species and habitats, depending on the project’s environmental commitments and biological setting. Regardless, our programs convey the importance of natural resource conservation, regulatory compliance, and implementation of project-specific environmental provisions.

For each program, we complete the following:

• A summary handout or brochure for distribution to construction personnel and other onsite workers,
• Onsite, in-person training that can be video recorded for later use,
• Virtual training programs delivered as Microsoft PowerPoint presentations,
• Spanish interpretation, and
• An attendance sign-in sheet.

We encourage interaction at our training sessions. Our goal is for all attendees to comprehend and retain the training material, exercise natural resources stewardship on the job site, and in so doing, foster overall project compliance.