Section 783.3 - Compliance with the California Environmental Quality Act(a) Department as responsible agency. In general, the Department will be a responsible agency for purposes of issuing an incidental take permit where another public agency must approve the project or activity for which the permit is sought and the other agency has taken the lead agency role for purposes of compliance with the California Environmental Quality Act, Public Resources Code section 21000, et seq. ("CEQA"). Where the Department will be a responsible agency for purposes of CEQA, the following must be included in the permit application required by section 783.2: (1) The name, address, telephone number and contact person of the lead agency.(2) A statement as to whether an environmental impact report, negative declaration, mitigated negative declaration, initial study has been prepared or is being considered, or whether another document prepared pursuant to a regulatory program certified pursuant to Public Resources Code section 21080.5 (and listed in title 14, California Code of Regulations, section 15251) has been prepared or is being considered.(3) At the option of the applicant, a notice of preparation, notice of determination, or draft or final environmental document may be attached.(b) Department as lead agency. In general, the Department will act as the lead agency for purposes of CEQA where issuance of the incidental take permit is the only public agency action subject to CEQA that will be taken with regard to the project or activity for which the permit is sought. Where the Department will act as a lead agency for purposes of issuing an incidental take permit, the permit applicant, in addition to the information required by section 783.2, shall provide sufficient information to enable the Department to determine whether the project or activity for which a permit is sought, as proposed, may result in significant adverse environmental effects in addition to the impacts of taking analyzed pursuant to section 783.2, and, if so, whether feasible alternatives or feasible mitigation measures would avoid or substantially lessen any such significant adverse effects. In such cases, each application shall include an analysis of all potentially significant adverse environmental effects which may result from the project or activity, and either (1) a discussion of feasible alternatives and feasible mitigation measures to avoid or substantially lessen any significant adverse environmental effects or (2) a statement that, because the applicant's analysis of the proposed project showed that the proposed project would not have any significant or potentially significant effects on the environment, no alternatives or mitigation measures are proposed to avoid or substantially lessen significant effects on the environment. This statement shall be supported by documentation describing the potential effects examined in reaching this conclusion. If the analysis identifies significant adverse environmental effects for which feasible mitigation measures are not available, it shall also include a statement describing any specific environmental, economic, legal, social, technological, or other benefits which might justify the significant environmental effects of the project or activity. The analysis and information required by this section shall be provided to the Department as soon as reasonably practicable following the submission of a permit application.Cal. Code Regs. Tit. 14, § 783.3
1. New section filed 12-30-98; operative 12-30-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1). Note: Authority cited: Sections 702 and 2081(d), Fish and Game Code; and Section 21080.5, Public Resources Code. Reference: Section 2081(b), Fish and Game Code; and Sections 21002.1, 21069, 21080.1, 21080.3, 21080.4, 21080.5 and 21165, Public Resources Code.
1. New section filed 12-30-98; operative 12-30-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).