An Evaluation of Compensatory Mitigation Projects Permitted Under Clean Water Act Section 401 by the California State Water Resources Control Board, 1991-2002

The purpose of this project, which was funded by the California State Water Resources Control Board (SWRCB), was to evaluate the compliance and wetland condition of compensatory wetland mitigation projects associated with Clean Water Act Section 401 Water Quality Certifications throughout California. This was done by selecting, reviewing and performing field evaluations for 143 permit files distributed across the 12 Water Board regions and sub-regions of the State. For each permit file we assessed the extent to which permittees complied with their mitigation conditions, including acreage requirements, whether the corresponding mitigation efforts resulted in optimal wetland condition, and if the habitat acreages gained through compensatory mitigation adequately replaced those lost through the permitted impacts. We found that permittees are largely following their permit conditions (although one-quarter to one-third of the time these are not met), but the resulting compensatory mitigation projects seldom result in wetlands with optimal condition.