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Fish and Game Code - FGC - FGC § 1778
Fish and Game Code - FGC - FGC § 1778
“Operator” means the department, or a public or private person or entity approved by the department, to administer a wetlands mitigation bank site.
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Fish and Game Code - FGC - FGC § 1778.5
Fish and Game Code - FGC - FGC § 1778.5
“Permittee” means a public or private person or entity that meets all of the following conditions: (a) Has received a permit pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.) for the removal or filling of wetlands, subject to a condition that al
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Fish and Game Code - FGC - FGC § 1779
Fish and Game Code - FGC - FGC § 1779
“Qualifying urban area” means any of the following when they occur within the Sacramento-San Joaquin Valley: (a) A geographical area having a population of 50,000 or more inhabitants within the jurisdiction of a city, or a town, as defined by Sections 20 and 21 of the Government
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Fish and Game Code - FGC - FGC § 1779.5
Fish and Game Code - FGC - FGC § 1779.5
“Sacramento-San Joaquin Valley” means the central valley region, as defined in subdivision (g) of Section 13200 of the Water Code.
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Fish and Game Code - FGC - FGC § 1780
Fish and Game Code - FGC - FGC § 1780
The purpose of this chapter is to ensure that no net loss of wetland acreage or habitat values within the Sacramento-San Joaquin Valley occurs as a result of fill permit activities pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.).
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Fish and Game Code - FGC - FGC § 1781
Fish and Game Code - FGC - FGC § 1781
It is the state’s goal to increase the total wetlands acreage and values within the Sacramento-San Joaquin Valley.
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Fish and Game Code - FGC - FGC § 1784
Fish and Game Code - FGC - FGC § 1784
(a) The department, in cooperation with those agencies specified in Section 1786, shall adopt regulations that establish standards and criteria for the bank site qualification process, for the evaluation of wetland habitat acreage and values created at the bank sites, and for the
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Fish and Game Code - FGC - FGC § 1785
Fish and Game Code - FGC - FGC § 1785
If any person desires to establish a wetlands mitigation bank site under this chapter, the person shall apply to the department for a determination that the bank site and the operator qualify under the criteria established by the department pursuant to this chapter. The determina
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Fish and Game Code - FGC - FGC § 1786
Fish and Game Code - FGC - FGC § 1786
(a) Before any wetlands are created on the bank site qualified pursuant to Section 1785, the department shall coordinate and shall be a signatory to a memorandum of understanding with the operator. The United States Environmental Protection Agency, the United States Army Corps of
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Fish and Game Code - FGC - FGC § 1787
Fish and Game Code - FGC - FGC § 1787
(a) If the bank site owner is a public entity, that entity shall pay annually to the county in which the property is located an amount equal to the county taxes levied on the property at the time title to the bank site is transferred to that entity. The public entity shall also p
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Fish and Game Code - FGC - FGC § 1790
Fish and Game Code - FGC - FGC § 1790
Upon the successful creation of any wetlands of at least 20 acres, or in the case of vernal pools, upon successful creation of vernal pools on a site at least 20 acres in size, the operator may request a determination by the department of the number of acres in the mitigation ban
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Fish and Game Code - FGC - FGC § 1791
Fish and Game Code - FGC - FGC § 1791
(a) Upon receipt of a request pursuant to Section 1790, the department shall determine the number of acres which are wetlands in the bank site based on the criteria established pursuant to Section 1784, and the department shall classify those wetlands according to established bio
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Fish and Game Code - FGC - FGC § 1792
Fish and Game Code - FGC - FGC § 1792
In the interest of assuring that the minimum price for wetland credit is sufficient to ensure the financial integrity of the bank, the department may establish a minimum price for each bank established pursuant to this chapter. The operator may set a higher price to the extent th
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Fish and Game Code - FGC - FGC § 1792.5
Fish and Game Code - FGC - FGC § 1792.5
The department shall be reimbursed for those expenses of the department identified in Section 1792 according to a schedule contained in an agreement with the person establishing a wetland mitigation bank. The agreement shall be approved by all parties prior to the commencement of
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Fish and Game Code - FGC - FGC § 1793
Fish and Game Code - FGC - FGC § 1793
A permittee shall provide compensation pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.). The department shall classify the wetlands that the permittee will remove according to wetland type, consistent with Article 4 (commencing with Section 179
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Fish and Game Code - FGC - FGC § 1794
Fish and Game Code - FGC - FGC § 1794
Compensation pursuant to Section 1793 is subject to the condition that the operator establish the trust or bond required by subparagraph (B) of paragraph (3) of subdivision (b) of Section 1786 and, in addition, is subject to the following conditions: (a) The full payment shall be
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Fish and Game Code - FGC - FGC § 1795
Fish and Game Code - FGC - FGC § 1795
After payment to the operator pursuant to this article, the permittee has no further obligations with respect to the operation of the bank site to which payment was made, unless the permittee has an equity involvement in the bank.
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Fish and Game Code - FGC - FGC § 1796
Fish and Game Code - FGC - FGC § 1796
No bank site shall be qualified under Section 1785 on or after January 1, 2015.
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Fish and Game Code - FGC - FGC § 1797
Fish and Game Code - FGC - FGC § 1797
The Legislature finds and declares as follows: (a) Mitigation banks and conservation banks provide for the conservation of important habitats and habitat linkages, take advantage of economies of scale that are often not available to individualized mitigation projects, and simplif
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Fish and Game Code - FGC - FGC § 1797.5
Fish and Game Code - FGC - FGC § 1797.5
For the purposes of this chapter, the following terms shall have the following meanings: (a) “Bank” means a conservation bank, mitigation bank, or conservation and mitigation bank. (b) “Bank enabling instrument” means a written agreement with the department regarding the establis
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Fish and Game Code - FGC - FGC § 1798
Fish and Game Code - FGC - FGC § 1798
(a) (1) Any person interested in establishing any bank with the department may elect to submit an optional draft prospectus for review by the department. Any draft prospectus shall be accompanied by a draft prospectus review fee of one thousand five hundred dollars ($1,500) to fu
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Fish and Game Code - FGC - FGC § 1798.5
Fish and Game Code - FGC - FGC § 1798.5
(a) (1) If the department determines that a bank prospectus is acceptable pursuant to Section 1798, the person seeking to establish the bank may submit a bank agreement package to the department. Pursuant to subdivision (c) of Section 1799.1, the department may adopt and amend gu
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Fish and Game Code - FGC - FGC § 1798.6
Fish and Game Code - FGC - FGC § 1798.6
(a) Any person seeking to amend any bank shall submit to the department a complete bank amendment package containing each of the original bank agreement package documents, including any prior amendments, as well as any documents proposed to be amended or that would be affected by
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Fish and Game Code - FGC - FGC § 1798.7
Fish and Game Code - FGC - FGC § 1798.7
A bank prospectus, agreement, or amendment package submitted to the department, but not approved as of January 1, 2013, shall be reviewed for completeness or acceptability in accordance with the timelines provided by this chapter and only after the department has collected all ap
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Fish and Game Code - FGC - FGC § 1799
Fish and Game Code - FGC - FGC § 1799
(a) Until the department has approved a bank, in writing, and, if applicable, a conservation easement has been recorded on the site, no bank shall be operative, vested, or final, nor bank credits issued. No amendment to an approved bank shall be effective without the written appr