What this permitting pathway covers

This Regional General Permit (RGP) authorizes the mechanized removal of invasive, exotic plants (see list below) from waters of the U.S. including wetlands, within the California portion of the Los Angeles District of the Corps of Engineers, for the purposes of habitat recovery.

This RGP applies to anyone wishing to remove exotics in a manner which is consistent with the terms and conditions of this RGP. Los Angeles District’s regional conditions apply.

Applicable locations

This Regional General Permit applies to anyone within the California portion of the Los Angeles District of the Corps of Engineers as shown on the map below in green (Los Angeles, Orange, Riverside, San Diego, San Bernardino, Imperial, Ventura, Santa Barbara, Mono, Inyo, and San Luis Obispo counties).

Permit documents

Expires on

September 5, 2024

How to apply

For projects occurring in navigable waters of the United States, the permittee shall provide appropriate notifications to the U.S. Coast Guard as described below at least two weeks prior to start of activity and 30 days if buoys are to be placed:

Commander, 11th Coast Guard District (dpw)
Telephone: (510) 437-2980
E-mail: d11LNM@uscg.mil
Website: http://www.uscg.mil/dp/lnmrequest.asp

U.S. Coast Guard, Sector LA-LB (COTP)
Telephone: (310) 521-3860
E-mail: john.p.hennigan@uscg.mil

Notification should include the following information:
a. Project description;
b. Location of the work site;
c. VHF-FM radio frequencies monitored by vessels on scene, if applicable;
d. Point of contact and 24 -hour phone number;
e. Potential hazards to navigation; and
f. Project schedule.

May be used with:

Species covered

In addition to the species listed below, the project manager assigned to each project has the opportunity to approve projects requesting to eradicate/remove species on the California Invasive Species Council (Cal-IPC) Inventory on a case-by-case basis.

  • alligator weed (Alternanthera philoxeroides)
  • giant reed (Arundo donax)
  • bottle brush (Callistemon citrinus)
  • white top, hoary cress (Cardaria draba)
  • Italian thistle (Carduus pycnocephalus)
  • pecan (Carya illinoensis)
  • tocalote (Centaurea melitensis)
  • star thistle (Centaurea solstitialis)
  • thistle (Cirsium arvense and C. vulgare only)
  • Andean pampass grass (Cortaderia jubata)
  • pampass grass (Cortaderia selloana)
  • carrotwood (Cupaniopsis anacardiodes)
  • artichoke thistle (Cynara cardunculus)
  • cape ivy (Delaireia odorata , formerly called German Ivy, Senecio mikanioides)
  • stinkwort (Dittrichea graveolens)
  • water hyacinth (Eichhornia crassipes)
  • Russian olive (Elaeagnus angustifolia)
  • eucalyptus (Eucalyptus spp.)
  • Geraldton carnation weed (Euphorbia terracina)
  • edible fig (Ficus carica)
  • fennel (Foeniculum vulgare)
  • evergreen ash (Fraxinus udhei)
  • perennial pepperweed (Lepidium latifolium)
  • purple loosestrife (Lynthrum salicaria)
  • myoporum (Myoporum laetum)
  • oleander (Nerium oleander)
  • tree tobacco (Nicotiana glauca)
  • olive (Olea europea)
  • Virginia creeper (Parthenocissus quinquefolia)
  • blue crown passion flower (Passiflora caerulea)
  • bristly ox-tongue (Picris echioides)
  • Kikuyu grass (Pennisetum clandestinum)
  • fountain grass (Pennisetum setaceum)
  • Canary Island date palm (Phoenix canariensis)
  • Spanish sunflower (Pulicaria paludosa)
  • castor bean (Ricinus communis)
  • Himalayan blackberry (Rubus discolor)
  • Russian thistle (Salsola tragus)
  • California (Peruvian) pepper (Schinus molle)
  • Brazilian pepper (Schinus terebinthifolius)
  • milk thistle (Silybum marianum)
  • Spanish broom (Spartium junceum)
  • salt cedar (Tamarix spp.)
  • Chinese elm (Ulmus parvifolia)
  • Mexican fan palm (Washingtonia robusta)

Activities covered

For the purposes of this RGP, areas are classified as “fully infested stands” if they contain 80% relative or canopy cover of exotics. Areas that contain 50% and 80% relative or canopy cover of exotics are classified as “partially infested stands.” This RGP is not applicable in areas that have less than 50% relative or canopy cover of exotics. For a parcel to be considered a “stand” it must be at least 0.5 acre in size or completely isolated from contiguous native riparian habitat. Following flood, fire, disease, or other natural events which scours or destroys an area; the area shall be classified based on the areal coverage of exotics immediately prior to natural disturbance.

The following activities are authorized on a year-round basis in “fully-infested stands”:

  1. Broadcast foliar application of herbicides which are approved by the U.S. Environmental Protection Agency (USEPA) for use in wetlands and by the California Department of Pesticide Regulation for use within the State. Application of herbicides in any area supporting threatened and/or endangered species should be consistent with the USEPA’s Office of Pesticide Programs, Endangered Species Protection Program county bulletins. To reduce potential impacts to migratory birds using parcels adjacent to “fully infested stands”, no aircraft (e.g. helicopter) based application may occur between March 15 and September 15.
  2. Mechanized land clearing, mechanical mulching (i.e. Hydro-Ax), mechanized removal, chipping, and excavation of living or dead invasive plants and any associated debris. Native riparian vegetation should be avoided to the maximum extent practicable. Any native riparian trees 3-inches DBH (diameter at breast height) or larger which are removed from fully infested stands, must be replaced on-site at a 2:1 ratio.
  3. Stockpiling of invasive plants and associated debris which have been excavated, except during the flood season (November 15- April 15), when stockpiling is prohibited. Stockpiles must be placed in previously disturbed or degraded areas, cannot be placed within 50 feet of flowing water, must be placed in such a manner that it is not dispersed by currents or other forces, and must be disposed of within 3 months of initial creation of the stockpile by either removal to an appropriate upland disposal area or by burning. Prior to upland disposal or burning of any stockpiles or debris, all appropriate state and local permits must be obtained. To reduce potential impacts to migratory birds using parcels adjacent to “fully infested stands,” burning cannot occur within 1,000 feet of native riparian or wetland habitat areas between March 15 and September 15.
  4. Construction of access roads provided that the width and length of the road are the minimum necessary for access to the exotics removal site. Native woody riparian vegetation in the access road alignment must be flagged and avoided. Placement of fill, such as decomposed granite, gravel, or concrete, on newly constructed or existing access roads within waters of the U.S. is not authorized under this RGP. All appropriate Best Management Practices must be used to preclude increased turbidity and to ensure that road construction does not restrict or impede the passage of normal or expected high flows or cause the relocation of the water. Access roads which are no longer necessary for site monitoring, restoration, maintenance, or treatment, or abandoned access roads must be restored with appropriate native riparian or wetland vegetation.

 

The following activities are authorized on a seasonal basis, between September 16 and March 14, in “partially infested stands”:

  1. Plant-specific application of herbicides which are currently approved by the USEPA for use in wetlands. Application of herbicides in any area supporting threatened and/or endangered species should be consistent with the USEPA’s Office of Pesticide Programs, Endangered Species Protection Program county bulletins. Plant specific techniques may consist of application via a backpack sprayer and/or the cut/paint technique (cutting of the plant, followed by immediate direct application of herbicide to the freshly cut stump). No herbicide may be applied to native riparian vegetation.
  2. Mechanized land clearing, mechanical mulching (i.e. Hydro-Ax), mechanized removal, chipping, and excavation of living or dead invasive plants and any associated debris. Native riparian vegetation must be flagged prior to commencement of any mechanized activities and must be avoided.
  3. Construction of access roads provided that the width and length of the road are the minimum necessary for access to the exotics removal site. Native woody riparian vegetation must be flagged and avoided. Placement of fill, such as decomposed granite, gravel, or concrete, on newly constructed or existing access roads within waters of the U.S. is not authorized under this RGP. All appropriate Best Management Practices must be used to preclude increased turbidity and to ensure that road construction does not restrict or impede the passage of normal or expected high flows or cause the relocation of the water. Access roads which are no longer necessary for site monitoring, restoration, maintenance, or treatment or abandoned access roads must be restored with appropriate native riparian or wetland vegetation.
  4. Broadcast foliar application of herbicide and stockpiling are prohibited in “partially infested stands”. Hand clearing (including use of chain saws) is generally not subject to Corps jurisdiction under Section 404. However, if hand clearing occurs in “partially infested stands” native riparian vegetation should be flagged and avoided.
  5. Invasive plant removal from “partially infested stands” during the migratory bird breeding season (March 15 – September 15) may be authorized by the Corps under this RGP on a case-by-case basis. Prior to requesting such authorization, the proposed project area must be surveyed by a qualified biologist in accordance with all appropriate U.S. Fish and Wildlife Service protocols. Results of these surveys must be submitted to the Corps as part of the Notification requirement.

Exclusions

  • This RGP is not applicable in areas that have less than 50% relative or canopy cover of exotics.
  • Placement of fill, such as decomposed granite, gravel, or concrete, on newly constructed or existing access roads within waters of the U.S. is not authorized under this RGP.
  • No activity may substantially disrupt the movement of those species of aquatic life indigenous to the water body, including those species which normally migrate through the area.
  • No activity may cause more than minimal adverse effects on navigation and activities shall not interfere with the public’s right to free navigation on all navigable waters of the United States.

Application Tips and Resources

Notification requirement – notification to the Corps requesting authorization under this RGP
shall include the following information:
a. Name, address and telephone number of the prospective permittee;
b. Location of the proposed project, including a vicinity map;
c. Project purpose;
d. Brief description of the proposed project, including the areal extent of work being
proposed and the method of biomass removal/disposal;
e. Acreage of “fully infested stands” and “partially infested stands” which would be
affected by the proposed project;
f. Citation of this RGP;
g. Copy of a letter inquiring about the presence or absence of listed and/or eligible sites for listing in the National Historic Register in the proposed project area and a list of= tribal contacts
h. Copy of a letter to the U.S. Fish and Wildlife Service (USFWS) and/or the National Marine Fisheries Service (NMFS) inquiring about the presence or absence of any federally listed, endangered or threatened species or designated critical habitat in the proposed project area that may be affected by the proposed activity;
i. For work occurring on tribal land, an approval letter from the tribe;
j. Results of a migratory bird survey (if work is being proposed in “partially infested stands” between March 15 and September 15).

A copy of this notification package should be sent to the USFWS, NMFS (if appropriate), California Department of Fish and Wildlife, California Coastal Commission (for projects that may affect the coastal zone), State Water Resources Control Board, and the appropriate Regional Water Quality Control Board.

Work may not commence until verification of compliance with this RGP is received from the Corps or thirty days have passed since the Corps receives a complete notification package. The Corps maintains discretion to add Special Conditions to RGP verifications to clarify compliance with the terms and conditions of this RGP or to ensure that the proposed project would have only minimal individual and cumulative adverse impacts to the environment. In cases where the proposed project does not comply with the terms and conditions of this RGP or the Corps determines that the proposed project would be contrary to the public interest or would result in greater than minimal individual or cumulative adverse impacts to the environment, the applicant will be notified by the Corps of Engineers within thirty days of receipt of a complete notification. Under these circumstances, an individual permit would likely be required to perform the proposed work.