REDWOOD NEEDLES
REDWOOD NEEDLES
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The five-year effort to reach agreement on a regional preservation plan that will streamline the permitting process for development and offer protection for high quality vernal pool sites is drawing to a close. Members of the Vernal Pool Task Force have put in long hours over the recent months to put the finishing touches on a general permit application for presentation to the Board of Supervisors and the city council of Santa Rosa, and probably to the cities of Windsor, Cotati and Rohnert Park also. A decision on whether consensus can be reached on the proposed application will be made by Task Force members at the next meeting on October 16. If consensus is not reached, then the attempt at a regional preservation plan and general permit will be ended.
If the Task Force gives its approval, the application will likely be sent to the U.S. Army Corps of Engineers for permit issuance. A public hearing will be held by the Corps before the permit is issued.
The major remaining concern focuses on the amount of vernal pools that are not subject to mitigation (acquire other land with comparable values in exchange for that which is being lost) by individual landowners but will be compensated by lands purchased by a public agency such as the Agricultural Preservation and Open Space District. The proposal at the moment is for a 1-acre of wetlands impacted that have minimum resource value (MRV) scores. This amount is felt to be too high by the environmental representatives. Even .5 of an acre could lead to a significant public commitment as well as potential cumulative wetland losses. In addition to compensating for the MRV wetlands lost, some of this publicly-owned land would be available for agricultural mitigation at a lower cost than the commercial mitigation banks.
It is likely that even if consensus can be reached by Task Force representing regulatory agencies, development, agricultural and environmental interests, the result is not likely to be entirely satisfactory to any of the interests involved. However, it must be recognized that this is a pioneer attempt to consider the cumulative impacts of development on a region and to reduce the burden of separte regulatory review. Few locations have accomplished these goals as yet, and mitigation banking, the vehicle chosen for the protection of the vernal pool preserves, is still in its infancy, particularly for multiple users.
The hope is that the result of this permit application will be acceptable to the mandates of the regulatory agencies and to those who will use the permit. The important part of this effort is that it would allow for an alternative to the tedious and uncertain process of obtaining a permit now, and provide for some preservation as well as restoration of vernal pool sites. Those who do not like the terms of the permit still have the option of applying for an individual permit (or a nationwide permit if they qualify). However, it is likely that the mitigation ratios would be considerably higher because of the lack of guarantees that are offered by the mitigation banks (who are required to manage the sites in perpetuity) and the process would be as unwieldly as it is now.
Above all, it is to be remembered that the life of the permit (when and if it is approved by the regulatory agencies) is only valid for five years and can be modified at any time desired by the applicant (City or County). If this effort does not work, we can return to the negotiating table and try again with the advantage of learning from the experience.
The important part for everyone, it seems, is that we try to improve on the current situation, with the promise that, if we can succeed, we can be proud to have protected the remnant of a unique and important ecosystem while still addressing development pressures of the region.
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