Section 1798 Of Chapter 7.9. Conservation Bank And Mitigation Bank Applications And Fees From California Fish And Game Code >> Division 2. >> Chapter 7.9.
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 fund the reasonable cost of the department's review
services. The draft prospectus review, while optional, is intended to
identify potential issues early so that the potential bank sponsor
may attempt to address those issues prior to initiating the formal
review process. The draft prospectus is a brief proposal submitted
when scoping the concept of a bank, contemplating pursuing a bank
idea, or for those new to the banking process.
(2) No later than 30 calendar days after the department receives a
draft prospectus and review fee, the department shall make an
initial evaluation of the proposed concept and notify the person who
submitted the draft prospectus of potential issues identified by the
department.
(b) (1) Any person seeking to establish a bank with the department
shall submit a bank prospectus to the department together with a
prospectus review fee of ten thousand dollars ($10,000) to fund the
reasonable cost of the department's review services. If a draft
prospectus and the review fee have been submitted pursuant to
subdivision (a), then the review fee for the bank prospectus shall be
eight thousand five hundred dollars ($8,500) so as not to exceed a
total fee of ten thousand dollars ($10,000).
(2) The bank prospectus shall contain at least all of the
following information:
(A) The proposed bank name.
(B) Contact information, including, but not limited to, the bank
sponsor, property owner, and any consultants.
(C) A general location map, address, and the size of the proposed
bank in acres.
(D) A 7.5-minute United States Geological Survey map showing
proposed boundaries of the bank.
(E) Color aerial photographs that reflect current conditions on
the site of the proposed bank and surrounding properties.
(F) Description of how the bank will be established and operated,
including, but not limited to, proposed ownership arrangements,
long-term management strategy, and any phases.
(G) Qualifications of bank sponsor.
(H) Preliminary natural resources surveys that document biotic and
abiotic baseline conditions, including past, current, and adjacent
land uses, vegetation types, species information, topography,
hydrology, and soil types.
(I) Map of proposed bank service areas.
(J) Map depicting other conserved lands in the vicinity of the
proposed bank.
(K) Description of bank objectives that includes how the proposed
bank would contribute to connectivity and ecosystem function.
(L) A current preliminary report covering the site of the proposed
bank that identifies the owner of the fee simple title and shows all
liens, easements, and other encumbrances and depicts all relevant
property lines, easements, dedications, and other features.
(M) A declaration of whether or not the proposed bank site has
been or is being used as mitigation, is designated or dedicated for
park or open space use, or designated for purposes that may be
inconsistent with habitat preservation.
(N) Details of any public funding received for acquisition or
restoration of, or other purposes related to, the proposed bank site.
(c) No later than 30 calendar days after the department receives a
bank prospectus and the prospectus review fee, the department shall
determine whether or not the prospectus is complete and provide
written notice of its determination to the person who submitted the
prospectus. If a prospectus is not complete, it may be made complete
and resubmitted.
(d) If the department determines that the prospectus is complete,
then within 90 calendar days of that determination, the department
shall determine whether or not the prospectus is acceptable and
notify the person who submitted the prospectus of the determination.
The department may request clarifying information during the
prospectus review process.
(e) (1) If the department determines that a bank prospectus is
acceptable then a bank agreement package may be submitted in
accordance with Section 1798.5.
(2) If the department determines that a bank prospectus is not
acceptable the department shall state the reasons for the
determination. The prospectus may be resubmitted in accordance with
subdivision (a) if further consideration is desired. Any resubmittal
must be accompanied by payment of a new prospectus review fee.
(f) The department may adopt and amend guidelines and criteria for
the purposes of this section pursuant to subdivision (b) of Section
1799.1.