09._Water_Quality_Cert_250630.pdf

Central Coast Regional Water Quality Control Board

July 30, 2025

Brian Woods VIA ELECTRONIC MAIL Camp San Luis Obispo California Army National Guard 10 Sonoma Avenue San Luis Obispo, CA 93405 Email: brian.d.woods26.mil@army.mil

Dear Brian Woods:

WATER QUALITY CERTIFICATION NO. 34024WQ05 FOR THE CAMP SAN LUIS OBISPO

RANGE ROADS IMPROVEMENT PROJECT, SAN LUIS OBISPO COUNTY

Thank you for the opportunity to review your February 22, 2024 application for water quality certification of the Camp San Luis Obispo Range Roads Improvement Project (Project). The application was completed on February 26, 2024. All supplemental information requested was received on July 8, 2025. The Project, if implemented as described in your application and with the additional mitigation and other conditions required by this Clean Water Act Section 401 Water Quality Certification (Certification), appears to be protective of beneficial uses of State waters. We are issuing the enclosed Certification. Should new information come to our attention that indicates a water quality problem, we may require additional monitoring and reporting, issue waste discharge requirements, or take other action.

Your Certification application and submitted documents indicate that Project activities have the potential to affect beneficial uses and water quality. The Central Coast Regional Water Quality Control Board (Central Coast Water Board) issues this Certification to protect water quality and associated beneficial uses from Project activities. We need reports to determine compliance with this Certification. All technical and monitoring reports requested in this Certification, or any time after, are required per section 13383 of the California Water Code. Failure to submit reports required by this Certification, or failure to submit a report of technical quality acceptable to the Executive Officer, may subject you to enforcement action per section 13385 of the California Water Code.

The Central Coast Water Board publicly noticed receipt of the water quality certification application for the Project in accordance with Title 23, California Code of Regulations, section 3858. Any person affected by this Central Coast Water Board action may petition the State Water Resources Control Board (State Water Board) to review this action in accordance with California Water Code section 13320 and Title 23, California Code of Regulations, sections 2050 and 3867-3869. The State Water Board, Office of Chief Counsel, PO Box 100, Sacramento, CA 95812, must receive the petition within 30 days of the date of this Certification.

We will provide upon request copies of the law and regulations applicable to filing petitions.

In accordance with Title 40, Code of Federal Regulations (CFR) Part 121.7(d)(3), an explanation for each certification condition is provided in Attachment A.

mailto:brian.d.woods26.mil@army.mil

Camp San Luis Obispo Certification No. 34024WQ05 July 30, 2025

If you have questions, please contact Alia Ajina at (805) 542-4646 or via email at Alia.Ajina@waterboards.ca.gov, or Phil Hammer at (805) 549-3882. Please mention the above certification number in all future correspondence pertaining to this Project.

Sincerely, for Ryan E. Lodge Executive Officer

Enclosure: Action on Request for CWA Section 401 Water Quality Certification cc: With enclosures

Amy Golub-Tse, SWCA: Amy.golub@swca.com

Eric R. Sweeney, U.S. Army Corps of Engineers: Eric.R.Sweeney@usace.army.mil

Antal Szijj, U.S. Army Corps of Engineers: Antal.J.Szijj@usace.army.mil

Julie Vance, CA Department of Fish and Wildlife: Julie.Vance@wildlife.ca.gov

Linda Connolly, CA Department of Fish and Wildlife: Linda.Connolly@wildlife.ca.gov

U.S. Environmental Protection Agency: R9cwa401@epa.gov

State Water Board 401 Program: Stateboard401@waterboards.ca.gov

Maxwell Ranta, Central Coast Water Board: Maxwell.Ranta@Waterboards.ca.gov

Alia Ajina, Central Coast Water Board: Alia.Ajina@waterboards.ca.gov

Phil Hammer, Central Coast Water Board: Phillip.Hammer@waterboards.ca.gov

R:\RB3\Shared\401\Certifications\San Luis Obispo\2024\34024WQ05 Camp San Luis Obispo Range Roads Improvement Project\Cert\R3_CmpSLORngRdsImprvmntPrj_34024WQ05_Cert_Final.docx mailto:Amy.golub@swca.com mailto:Eric.R.Sweeney@usace.army.mil mailto:Antal.J.Szijj@usace.army.mil mailto:Julie.Vance@wildlife.ca.gov mailto:Linda.Connolly@wildlife.ca.gov mailto:R9cwa401@epa.gov mailto:Stateboard401@waterboards.ca.gov mailto:Maxwell.Ranta@Waterboards.ca.gov mailto:Alia.Ajina@waterboards.ca.gov mailto:Phillip.Hammer@waterboards.ca.gov

Action on Request for Clean Water Act Section 401 Water Quality Certification for Discharge of Dredged and/or Fill Materials

PROJECT: Camp San Luis Obispo Range Roads Improvement Project

PERMITTEE:

Brian Woods Camp San Luis Obispo California Army National Guard 10 Sonoma Avenue San Luis Obispo, CA 93405

ACTION:

1. Order for Standard Certification

2. Order for Technically Conditioned Certification

3. Order for Denial of Certification

STANDARD CONDITIONS:

1. This Certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment per section 13330 of the California Water Code and section 3867 of Title 23 of the California Code of Regulations (23 CCR).

2. This Certification action is not intended to apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license unless the pertinent Certification application was filed per 23 CCR subsection 3855(b) and the application specifically identified that a FERC license or amendment to a FERC license was being sought.

3. The validity of any non-denial Certification action (Actions 1 and 2) is conditioned upon total payment of the fee required under 23 CCR section 3833, unless otherwise stated in writing by the certifying agency.

ADMINISTRATIVE CONDITIONS:

1. This Certification is subject to the acquisition of all local, regional, state, and federal permits and approvals as required by law. Failure to meet any conditions contained herein or any conditions contained in any other permit or approval issued by the State of California or any subdivision thereof may result in the revocation of this Certification and civil or criminal liability.

2. In the event of a violation or threatened violation of this Certification, the violation or threatened violation shall be subject to any remedies, penalties, process or sanctions as provided for under state law. For purposes of section 401(d) of the Clean Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this Certification.

3. In response to a suspected violation of any condition of this Certification, the Central Coast

Water Board may require the holder of any permit or license subject to this Certification to furnish, under penalty of perjury, any technical or monitoring reports the Central Coast Water Board deems appropriate, provided that the burden, including costs, of the reports shall have a reasonable relationship to the need for the reports and the benefits obtained from the reports.

4. In response to any violation of the conditions of this Certification, the Central Coast Water

Board may add to or modify the conditions of this Certification as appropriate to ensure compliance.

5. The Central Coast Water Board reserves the right to suspend, cancel, or modify and reissue this Certification, after providing notice to the Permittee, if the Central Coast Water Board determines that the Project fails to comply with any of the terms or conditions of this

6. A copy of this Certification, the application, and supporting documentation must be available at the Project site during construction for review by site personnel and agencies. A copy of this Certification must also be provided to the contractor and all subcontractors who will work at the Project site. All personnel performing work on the proposed Project shall be familiar with the content of this Certification and its posted location on the Project site.

7. The Permittee shall grant the Central Coast Water Board, or an authorized representative, upon presentation of credentials and other documents as may be required by law, permission to enter the Project site at reasonable times, to ensure compliance with the terms and conditions of this Certification and/or to determine the impacts the Project may have on waters of the State.

8. The Permittee must, at all times, fully comply with the application, engineering plans, specifications, and technical reports submitted to support this Certification; all subsequent submittals required as part of this Certification; and the attached Project Information and Conditions. The conditions within this Certification and attachment(s) supersede conflicting provisions within Permittee submittals.

9. The Permittee shall notify the Central Coast Water Board within 24 hours of any unauthorized discharge to waters of the U.S. and/or State; measures that were implemented to stop and contain the discharge; measures implemented to clean-up the discharge; the volume and type of materials discharged and recovered; and additional best management practices (BMPs) or other measures that will be implemented to prevent future discharges.

10. This Certification is not transferable to any person except after notice to the Executive Officer of the Central Coast Water Board. The Permittee shall submit this notice in writing at least 30 days in advance of any proposed transfer. The notice must include a written agreement between the existing and new responsible party containing a specific date for the transfer of this Certification's responsibility and coverage between the current responsible party and the new responsible party. This agreement shall include an acknowledgement that the existing responsible party is liable for compliance and violations up to the transfer date and that the new responsible party is liable from the transfer date on.

11. This Order and conditions contained herein continue to have full force and effect regardless of the expiration or revocation of any federal license or permit issued for the Project. For purposes of Clean Water Act, section 401(d), this condition constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements of state law. This Order expires if Project construction does not begin within five years from the date of this Order.

12. The total certification fee for this Project is $24,745. The remaining certification fee payable to the Central Coast Water Board is $0. Annual fees may apply.

CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS:

1. On July 24, 2024, the California Military Department, as lead agency, adopted an initial study/mitigated negative declaration (IS/MND) (State Clearinghouse No. 2024060287) for the Project and filed a Notice of Determination at the State Clearinghouse. The Central Coast Water Board is a responsible agency under CEQA (Public Resources Code section 21069) and in making its determinations presumes that California Military Department’s adopted environmental document comports with the requirements of CEQA and is valid (Public Resources Code section 21167.3). The Central Coast Water Board has reviewed and considered the environmental document and the environmental effects of the Project on water quality and beneficial uses (California Code of Regulations, title 14, section 15096(f)).

CENTRAL COAST WATER BOARD CONTACT PERSON:

Allie Mortensen

(805) 542-3332 Allie.Mortensen@waterboards.ca.gov

Please refer to the above certification number when corresponding with the Central Coast Water Board concerning this Project.

WATER QUALITY CERTIFICATION:

I hereby issue an order certifying that as long as all the conditions listed in this Certification are met, Camp San Luis Obispo Range Roads Improvement Project activities and discharges shall comply with the applicable provisions of sections 301 (“Effluent Limitations”), 302 (“Water Quality Related Effluent Limitations”), 303 (“Water Quality Standards and Implementation Plans”), 306 (“National Standards of Performance”), and 307 (“Toxic and Pretreatment Effluent Standards”) of the Clean Water Act. These activities and discharges are also regulated pursuant to State Water Board Water Quality Order No. 2003-0017-DWQ, which requires compliance with all conditions of this Certification.

Except insofar as may be modified by any preceding conditions, all Certification actions are contingent on (a) the activities and discharges being limited and all proposed mitigation being completed in strict compliance with the Permittee’s Project description, Certification conditions, and the attached Project Information and Conditions, and (b) compliance with all applicable requirements of the Central Coast Water Board’s policies and Water Quality Control Plan (Basin Plan).

for Ryan E. Lodge Executive Officer Central Coast Water Board

PROJECT INFORMATION AND CONDITIONS

Application Date Received: February 22, 2024

Completed: February 26, 2024

Permittee

Brian Woods Camp San Luis Obispo California Army National Guard 10 Sonoma Avenue San Luis Obispo, CA 93405 Email: brian.d.woods26.mil@army.mil Phone: (805) 748-1232

Permittee Representatives

Amy Golub-Tse

SWCA

3765 South Higuera Street, Suite 102 San Luis Obispo, CA 93401 Email: Amy.golub@swca.com Phone: (415) 533-7372

Project Name Camp San Luis Obispo Range Roads Improvement Project Application Number 34024WQ05

Type of Project Roads, Highways and Bridges

Project Location San Luis Obispo Latitude: 35.341667 Longitude: -120.701111

County San Luis Obispo Receiving Water(s)

Unnamed tributaries near Chorro Creek and Dairy Creek

310.22 Hydrologic Unit

Water Body Type Streambed, wetland Designated Beneficial Uses

Municipal and Domestic Water Supply Protection of both recreation and aquatic life

Project Description (purpose/goal)

The purpose of this Project is to improve the degraded roadways in Camp San Luis Obispo for access and improve existing drainage through the area.

The Central Coast Regional Water Quality Control Board (Central Coast Water Board) understands that the Project includes the following activities:

1. Widening and improving Range Road and San Benito Road;

2. Replacing six culverts ranging from 18-inches to 48-inches in diameter;

3. Protecting-in-place three culverts ranging from 18-inches to 84-inches in diameter;

4. Removing and reconstructing four culvert headwalls; and

5. Installing rip rap at inlets and outlets of eight culverts.

U.S. Army Corps of Engineers Permit No.

Nationwide Permit 14 – Linear Transportation Projects

Federal Public Notice N/A mailto:brian.d.woods26.mil@army.mil mailto:Amy.golub@swca.com

Dept. of Fish and Wildlife Streambed Alteration Agreement

Streambed Alteration Agreement is pending. Final, signed copy shall be forwarded immediately upon execution.

CEQA Information Mitigated Negative Declaration Lead Agency: California Military Department

Total Certification Fee $24,745

Total Authorized Project Fill/Excavation Quantity

Aquatic Resource Type

Temporary Impact Permanent Impact

Physical Loss of Area Degradation of Ecological Condition

Acres CY1 LF1 Acres CY LF Acres CY LF Riparian Zone 0.501 290 0.184 480 Stream Channel 0.16 290 0.053 480 Wetland 0.01 0.018 Required Project Mitigation Quantity for Temporary Impacts

Aquatic Resource Type Units Method2

Est. Re-est. Reh. Enh. Pres.

Riparian Zone Acres 0.501

LF 290

Stream Channel Acres 0.16

LF 290

Wetland Acres 0.01

LF

Required Project Compensatory Mitigation Quantity for Permanent Physical Loss of Area Aquatic

Resource Type Mit. Type3 Units Method Est. Re-est. Reh. Enh. Pres.

Stream Channel PR Acres 0.76

LF 1600

Required Project Compensatory Mitigation Quantity for Permanent Degradation of Ecological Condition

Aquatic Resource Type Mit. Type Units Method

Est. Re-est. Reh. Enh. Pres.

Riparian Zone PR Acres 0.368

LF 960

Wetland PR Acres 0.054

LF

1 Cubic Yards (CY); Linear Feet (LF) 2 Methods: establishment (Est.), reestablishment (Re-est.), rehabilitation (Reh.), enhancement (Enh.), preservation (Pres.)

3 Mitigation Type: in-lieu fee (ILF); mitigation bank (MB); permittee responsible (PR)

Mitigation Requirements

1. The Permittee shall implement compensatory mitigation installation, maintenance, and monitoring as described in Camp SLO Compensatory Mitigation Plan dated July 7, 2025.

2. Offsite compensatory mitigation shall be installed within 12 months of the commencement of Project construction. Onsite compensatory mitigation shall be installed within 12 months of completion of Project construction.

3. To ensure preservation of the compensatory mitigation location, the Camp SLO Facility Management Plan shall be amended to include protection of the mitigation site in perpetuity. The amendment to the Camp SLO Facility Management Plan shall be provided to the Central Coast Water Board prior to the start of project construction.

Project Requirements

The Permittee shall comply with the following requirements:

1. All personnel who engage in construction activities or their oversight at the Project site (superintendent, construction manager, foreman, crew, contractor, biological monitor, etc.) must attend trainings on the conditions of this Certification and how to perform their duties in compliance with those conditions. Every person shall attend an initial training within five working days of their start date at the Project site and follow-up trainings every six months until the Project is completed. Trainings shall be conducted by a qualified individual with expertise in 401 Water Quality Certification conditions and compliance.

2. Project activities must not cause a violation of any applicable water quality standards, including impairment of designated beneficial uses for waters of the State as adopted in the Water Quality Control Plan for the Central Coast Basin or any other applicable Water Board water quality control plan or policy. All work performed within waters of the State shall be completed in a manner that minimizes impacts to beneficial uses and habitat. Measures shall be employed to minimize land disturbances that will adversely impact the water quality of waters of the State. Disturbance or removal of vegetation shall not exceed the minimum necessary to complete Project implementation.

3. Portions of the Project that occur below top of creek banks or in other waters of the State shall be stabilized for the winter prior to October 1 of each year, either by completing construction of those portions of the Project (including installation of permanent erosion control measures) or by implementing winterization stabilization measures capable of effectively stabilizing the area and preventing erosion under winter rain and flow conditions generated by the 10-year 24-hour storm event. No construction activities shall be conducted below top of creek banks or in other waters of the State during the winter period (October 1 – May 31), unless prior written approval has been obtained from the Central Coast Water Board. Requests to conduct construction activities below top of creek banks or in other waters of the State during the winter period shall be submitted to the Central Coast Water Board at least 21 days prior to the planned winter period work date. If approval is obtained, the Permittee shall implement the approved winter work as specified in the Central Coast Water Board approval and as described in any documentation submitted by the Permittee while seeking the approval. Tree removal in riparian areas is authorized to occur from June 1 - October 31. All areas associated with tree removal shall be stabilized for the winter prior to November 1 of each year.

4. Erosion and sediment control measures shall be on site prior to the start of construction and kept on site at all times so they are immediately available for installation in anticipation of rain events.

5. The Permittee shall implement and maintain an effective combination of erosion and sediment control measures (e.g., revegetation, fiber rolls, erosion control blankets, hydromulching, compost, straw with tackifiers, temporary basins) to prevent erosion and capture sediment. The Permittee shall implement and maintain washout, trackout, dust control, and any other applicable source control BMPs.

6. Erosion and sediment control measures and other construction BMPs shall be implemented and maintained in accordance with all specifications governing their proper design, installation, operation, and maintenance.

7. At any time of year, the Permittee shall not conduct construction activities below top of creek banks or in other waters of the State during rain events or on any day for which the National Weather Service has predicted a 25% or more chance of at least 0.1-inch rain in 24 hours (Predicted Rain Event). The Permittee shall install effective erosion control, sediment control, and other protective measures no later than the day prior to the Predicted Rain Event, and prior to the start of any rainfall. Construction activities below top of creek banks or in other waters of the State may resume after the rain has ceased, the National Weather Service predicts clear weather for at least 24 hours, and site conditions are dry enough to continue work without discharge of sediment or other pollutants from the Project site.

8. Any material stockpiled that is not actively being used during construction shall be covered and surrounded with a linear sediment barrier.

9. The Permittee shall retain a spill plan and appropriate spill control and clean up materials (e.g., oil absorbent pads) onsite in case spills occur.

10. The Permittee shall confine all trash and debris in appropriate enclosed bins and dispose of the trash and debris at an approved site at least weekly.

11. All construction vehicles and equipment used on site shall be well maintained and checked daily for fuel, oil, and hydraulic fluid leaks or other problems that could result in spills of toxic materials.

12. All vehicle and equipment fueling, maintenance, and storage shall occur at designated staging areas at least 100 feet away from waterways, unless a requested exception on a case-by case basis granted by prior written approval has been obtained from the Central Coast Water Board.

13. Dewatering and stream diversion measures are not currently authorized.

If the Project requires dewatering or diversion, the Permittee shall submit detailed dewatering/ diversion plans for Central Coast Water Board approval at least 21 days prior to any dewatering or diversion.

Dewatering/diversion plans shall include the area to be dewatered, timing of dewatering, and method of dewatering to be implemented. All temporary dewatering/diversion methods shall be designed to have the minimum necessary impacts to waters of the State to isolate the immediate work area. All dewatering/diversion methods shall be installed such that natural flow is maintained upstream and downstream of the

Project area. Any temporary dams or diversions shall be installed such that the diversion does not cause sedimentation, siltation, or erosion upstream or downstream of the Project area. All dewatering/diversion materials, including sand or gravel from coffer dams, shall be removed immediately upon completion of dewatering/diversion activities.

Dewatering or diversion shall not commence until the Permittee has obtained Central Coast Water Board approval of the dewatering/diversion plans. Any dewatering/diversion must be implemented in compliance with approved dewatering/diversion plans.

14. All post-construction BMPs shall be implemented and functioning prior to completion of the Project as identified in

15. All construction-related equipment, materials, and any temporary BMPs no longer needed shall be removed and cleared from the site upon completion of the Project.

16. The Central Coast Water Board shall be notified if mitigations as described in the 401 Water Quality Certification application for this Project are altered by the imposition of subsequent permit conditions by any local, state or federal regulatory authority. The Permittee shall inform the Central Coast Water Board of any modifications that interfere with compliance with this Certification.

Monitoring and Reporting Requirements

The Permittee shall conduct the following monitoring:

1. Visually inspect the Project site and areas of waters of the State adjacent to Project impact areas following completion of Project construction and for five subsequent rainy seasons to ensure that the Project is not causing excessive erosion, stream instability, or other water quality impacts. If the Project does cause water quality impacts, contact the Central Coast Water Board staff member overseeing the Project. You will be responsible for implementing corrective measures to protect water quality and obtaining any additional permits necessary corrective measure implementation.

2. Monitor the compensatory mitigation site for five years. If success criteria are not achieved within that time, continue annual monitoring and maintenance until success criteria are achieved. Compensatory mitigation monitoring shall include assessment of growth, survival, species diversity, percent cover, invasive species cover, general health and stature, progress towards achieving success criteria, and any other measures identified in the Camp SLO Compensatory Mitigation Plan dated July 7, 2025.

The Permittee shall provide the following reporting to RB3_401Reporting@waterboards.ca.gov [Note: Annual fees are based on submittal and approval of reporting item 3 below]:

1. Streambed Alteration Agreement – Submit a signed copy of the

Department of Fish and Wildlife’s streambed alteration agreement to the Central Coast Water Board immediately upon execution.

2. Construction Commencement Notification - At least seven days in advance of any ground disturbing or grubbing activities, submit notification to the Central Coast Water Board of the date when Project construction will begin.

mailto:RB3_401Reporting@waterboards.ca.gov

3. Certification Termination Report – To terminate Certification coverage, the Permittee must submit for Central Coast Water Board review and approval a Certification Termination Report demonstrating compensatory mitigation success criteria achievement and monitoring completion. The Certification Termination Report shall include all information required for Annual Project Status Reports as specified below. The Certification Termination Report may serve as the final Annual Project Status Report. The Certification Termination Report submittal must include “Certification Termination Report” in the title.

4. Annual Project Status Report – The Permittee shall submit to the Central Coast Water Board an Annual Project Status Report by May 31 of each year following the issuance of this Certification, regardless of whether Project construction has started. At a minimum, Annual Project Status Reports shall address activities conducted during the prior calendar year. The Permittee shall submit Annual Project Status Reports until the Permittee has conducted all required monitoring, mitigation has achieved all success criteria, and the Permittee has submitted a Certification Termination Report. Each Annual Project Status Report shall include at a minimum:

a. The status of the Project (e.g., construction not started, construction started, or construction complete).

b. The date of construction initiation, if applicable.

c. The date of construction completion, if applicable.

d. If Project construction is complete:

i. A summary of daily activities, monitoring and inspection observations, and problems incurred and actions taken;

ii. Status of permanent post-construction stormwater management BMPs, including photo documentation of all BMPs;

iii. Identification of when site personnel trainings occurred, description of the topics covered during trainings, and confirmation that every person engaged in construction activities or their oversight at the Project site was trained initially and every six months thereafter.

iv. A description of the results of the annual visual inspection of the Project site and areas of waters of the State adjacent to Project impact areas, including:

1. Erosion conditions;

2. Stream stability conditions;

3. Water quality and beneficial use conditions;

4. Clearly identified photo-documentation of all areas of permanent and temporary impact, prior to and after Project construction; and

5. Clearly identified representative photo-documentation of other Project areas, prior to and after Project construction.

v. If the visual inspection monitoring period is over, but water quality problems persist, the Annual Report shall identify corrective measures to be undertaken, including extension of the monitoring period until the Project is no longer causing excessive erosion, stream instability, or other water quality problems.

e. Mitigation reporting, if mitigation installation has started, including the following information:

i. Date mitigation installation was initiated and, if applicable, the date mitigation installation was completed;

ii. Confirmation that mitigation was installed according to the requirements of this Certification and as described in the application, the Camp SLO Compensatory Mitigation Plan dated July 7, 2025, and any other associated submittals;

iii. Analysis of monitoring data collected in the field;

iv. Quantification of growth, survival, species diversity, percent cover, invasive species cover, general health and stature, and documentation of progress toward achieving all mitigation performance criteria;

v. Qualitative and quantitative comparisons of current mitigation conditions with preconstruction conditions and previous mitigation monitoring results;

vi. Any remedial or maintenance actions taken or needed;

vii. Any additional information specified in the Camp SLO

Compensatory Mitigation Plan dated July 7, 2025; and

viii. Annual photo-documentation representative of all mitigation areas, taken from vantage points from which changes in size and cover of plants are evident. Compare photos of installed mitigation with photos of the mitigation areas prior to installation.

f. A description of mitigation completion status that identifies the amount of mitigation monitoring and maintenance remaining, or certifies and demonstrates that mitigation is complete, all required mitigation monitoring and maintenance has been conducted, and all success criteria achieved. If the monitoring period is over, but all success criteria have not been achieved, the Annual Project Status Report shall identify corrective measures to be undertaken, including extension of the monitoring period until the criteria are met.

Attachment A – Certification No. 34024WQ05

Attachment A - 40 CFR Part 121.7 Information The purpose of Attachment A is to provide information pursuant to title 40, Code of Federal Regulations (40 CFR) part 121.7(d)(3), which recommends that all Certification conditions be accompanied by an explanation of why the condition is necessary to assure that any activity and discharge authorized under the Certification will comply with water quality requirements.

Notwithstanding any determinations by the U.S. Army Corps of Engineers or other federal agency made pursuant to 40 CFR section 121.9, dischargers must comply with the entirety of this Certification because the Certification also serves as waste discharge requirements in accordance with State Water Resources Control Board (State Water Board) Water Quality General Order No. 2003-0017-DWQ.

This attachment includes citations to some sources of authority that are applicable to all Certification conditions. These sources are specifically identified where they are most relevant but are also generally applicable to the conditions below. California Code of Regulations, title 23,4 chapter 28 sets forth regulations pertaining to water quality certifications. Conditions are set forth in this Certification to assure that the discharge complies with water quality objectives adopted or approved under sections 13170 or 13245 of the California Water Code. These conditions are also generally required to comply with the state’s Anti-Degradation Policy (State Water Board Resolution No. 68-16), which requires that for any “activity which produces or may produce a waste or increased volume or concentration of waste and which discharges or proposes to discharge to existing high quality waters will be required to meet waste discharge requirements which will result in the best practicable treatment or control of the discharge necessary to assure that (a) a pollution or nuisance will not occur and (b) the highest water quality consistent with maximum benefit to the people of the state will be maintained.” All Regional Water Boards’ Water Quality Control Plans incorporate the state’s Anti-Degradation Policy by reference. The state Anti-Degradation Policy incorporates the federal Antidegradation Policy (40 CFR Part 131.12 (a)(1)), which requires "[e]xisting instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected."

According to the United States Environmental Protection Agency (USEPA), discharges of dredged or fill material comply with the federal Antidegradation Policy by complying with USEPA’s section 404(b)(1) Guidelines. The State Water Board adopted a modified version of USEPA’s section 404(b)(1) Guidelines in the Dredge or Fill Procedures (State Supplemental Guidelines).

STANDARD CONDITIONS

Standard Condition No. 1 This is a standard condition that “shall be included as conditions of all water quality certification actions” (California Code of Regulations section 3860(a)).

Standard Condition No. 2 This is a standard condition that “shall be included as conditions of all water quality certification actions” (California Code of Regulations section 3860(a)).

4 Unless as otherwise noted, all citations are to title 23 of California Code of Regulations.

Standard Condition No. 3 This is a standard condition that “shall be included as conditions of all water quality certification actions” (California Code of Regulations section 3860(a)). This fee requirement condition is also required pursuant to California Code of Regulations sections 3861(c)(4) and 3833(b), which require payment of fees by Project proponents discharging dredge or fill material.

ADMINISTRATIVE CONDITIONS

Administrative Condition No. 1 This condition is required pursuant to California Code of Regulations section 3856(e), which requires that copies be provided to the Water Boards of “any final and signed federal, state, and local licenses, permits, and agreements (or copies of the draft documents, if not finalized) that will be required for any construction, operation, maintenance, or other actions associated with the activity. If no final or draft document is available, a list of all remaining agency regulatory approvals being sought shall be included.”

Administrative Condition No. 2 This condition provides notice of the Water Boards’ rights to levee penalties as allowed by state law in order to protect water quality.

Administrative Condition No. 3 California Water Code section 13267 authorizes the Central Coast Water Board to require any person or entity who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within the region to furnish, under penalty of perjury, technical or monitoring reports when necessary to investigate the quality of any waters of the state. These reports are necessary to ensure compliance with water quality standards.

Administrative Condition Nos. 4, 5 In the event of non-compliance, modified conditions may be necessary to return the discharger to compliance and prevent violation of water quality standards. If a Permittee is violating the terms of a Certification that protect water quality standards, canceling the Certification halts authorization to discharge, which can ensure compliance with water quality standards. California Water Code section 13381 states that waste discharge requirements or dredged or fill material permits may be terminated or modified for cause, including, but not limited to, all of the following: (a) Violation of any condition contained in the requirements or permits; (b) Obtaining the requirements by misrepresentation, or failure to disclose fully all relevant facts; and (c) A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.

Administrative Condition No. 6 This condition requires site personnel and agencies to be familiar with the content of the Certification and availability of the document at the Project site. This condition is required to assure that any authorized discharge will comply with the terms and conditions of the Certification, which requires compliance with water quality objectives and beneficial uses adopted or approved under sections 13170 or 13245 of the California Water Code.

Administrative Condition No. 7 Conditions related to site access requirements are authorized pursuant to the Central Coast Water Board’s authority to investigate the quality of any waters of the state within its region under California Water Code section 13267. California Water Code section 13267(c) provides that “the regional board may inspect the facilities of any person to ascertain whether the purposes of this division are being met and waste discharge requirements are being complied with.”

Administrative Condition No. 8 This Certification is issued based on information submitted by the applicant. If the applicant does not implement the Project in accordance with the submitted information, the Project may not comply with water quality standards. Therefore, the applicant must implement the Project as described in order for compliance with water quality standards to be assured, in accordance with water quality objectives and beneficial uses adopted or approved under sections 13170 or 13245 of the California Water Code.

Administrative Condition No. 9 This condition related to the accidental discharge of hazardous materials is necessary to assure that discharges comply with any water quality objectives adopted or approved under sections 13170 or 13245 of the California Water Code. Conditions related to notification and reporting requirements in the event of an accidental discharge of hazardous materials are required pursuant to section 13271 of the California Water Code, which requires immediate notification of the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the state toxic disaster contingency plan adopted pursuant to article 3.7 (commencing with Section 8574.16) of chapter 7 of division 1 of title 2 of the Government Code.

These monitoring and reporting requirements are also consistent with the Central Coast Water Board’s authority to investigate the quality of any waters of the state within its region under California Water Code sections 13267 and 13383. The reports related to accidental discharges also ensure that corrective actions, if any, that are necessary to minimize the impact or clean up such discharges can be taken as soon as possible in order to achieve compliance with water quality standards.

Administrative Condition No. 10 Authorization under this Certification is granted based on the application information submitted, including the legally responsible party. Notification is necessary to confirm whether the new owner wishes to assume legal responsibility for compliance with this Certification. If not, the original discharger remains responsible for compliance with this Certification. Correct identification of a legally responsible party is necessary to ensure compliance with water quality standards. California Water Code section 13264 prohibits any discharge that is not specifically authorized in this Certification.

Administrative Condition No. 11 In accordance with State Water Resources Control Board Water Quality Order No. 2003-0017- DWQ, waste discharge requirements are issued to all persons proposing to discharge dredged or fill material to waters of the United States where such discharge is also subject to the water quality certification requirements of Clean Water Act section 401 and such certification has been issued by the Central Coast Water Board. In order to meet the provisions contained in Division 7 of Clean Water Act and regulations adopted thereunder, Order No. 2003-0017-DWQ requires dischargers to implement all the terms and conditions of the applicable certification issued for the discharge irrespective of whether the federal license or permit for which the Certification was obtained is subsequently deemed invalid because the water body subject to the discharge has been deemed outside of federal jurisdiction. In addition, continued compliance with certification/waste discharge requirements is necessary, regardless of federal permit status, to ensure compliance with water quality standards is maintained.

Administrative Condition No. 12 This fee requirement condition is required pursuant to California Code of Regulations sections 3861(c)(4) and 3833(b), which require payment of fees by Project proponents enrolling in this

PROJECT INFORMATION AND CONDITIONS

Required Project Mitigation and Compensatory Mitigation Quantities; Compensatory Mitigation Requirements

Conditions related to restoration and/or mitigation of temporary impacts are required to ensure that the discharge complies with water quality standards adopted or approved under sections 13170 or 13245 of the California Water Code. These conditions are also consistent with the Dredge or Fill Procedures, which require "in all cases where temporary impacts are proposed, a draft restoration plan that outlines design, implementation, assessment, and maintenance for restoring areas of temporary impacts to pre-project conditions" (Dredge or Fill Procedures section IV. A.2(d) and B.4). Restoration and/or mitigation of temporary impacts is necessary to control discharges of waste, such as sediment from disturbed areas, so that compliance with water quality standards is maintained. Restoration requirements for temporary impacts are also authorized by California Water Code section 13263, which requires the imposition of requirements that implement water quality control plans and take into consideration the beneficial uses to be protected and the need to prevent nuisance.

Conditions regarding compensatory mitigation are necessary to ensure compliance with state and federal anti-degradation policies. Compensatory mitigation requirements are consistent with State Supplemental Guidelines section 230.10 restrictions on discharge and Dredge or Fill Procedures section IV.B.1.a (California Code of Regulations section 3013), which specifies that the Water Boards will approve a project only after it has been determined that a sequence of actions has been taken to first avoid, then to minimize, and lastly to compensate for adverse impacts that cannot be practicably avoided or minimized (see also California Code of Regulations section 3856(h), requiring submittal of proposed mitigation and description of steps taken to avoid, minimize, or compensate). Compensatory mitigation conditions are consistent with Executive Order W-59-93, commonly referred to as California’s “no net loss” policy for wetlands. Compensatory mitigation requirements are also authorized by California Water Code section 13263, which requires the imposition of requirements that implement water quality control plans and take into consideration the beneficial uses to be protected and the need to prevent nuisance.

Project Requirements

Project Requirement No. 1 This condition requires site personnel and agencies to be familiar with the content of the Certification. Familiarity with the requirements of this Certification is necessary to ensure that any authorized discharge will comply with the terms and conditions of the Certification, which requires compliance with water quality objectives and beneficial uses adopted or approved under sections 13170 or 13245 of the California Water Code.

Project Requirement No. 2 Conditions related to compliance with water quality objectives and designated beneficial uses are required pursuant to the California Water Code, the Water Quality Control Plan for the Central Coastal Basin, and the state’s Anti-Degradation Policy (State Board Resolution No. 68-

16) which requires that for any “activity which produces or may produce a waste or increased volume or concentration of waste and which discharges or proposes to discharge to existing high quality waters will be required to meet waste discharge requirements which will result in the best practicable treatment or control of the discharge necessary to assure that (a) a pollution or nuisance will not occur and (b) the highest water quality consistent with maximum benefit to the people of the state will be maintained.” The state Anti-Degradation Policy incorporates the federal Antidegradation Policy (40 CFR Part 131.12 (a)(1)), which states: "[e]xisting instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected." According to USEPA, dischargers of dredged or fill material comply with the federal Antidegradation Policy by complying with USEPA’s section 404(b)(1) Guidelines. The State Water Boards adopted a modified version of USEPA’s section 404(b)(1) Guidelines in the Dredge or Fill Procedures (State Supplemental Guidelines).

Project Requirements Nos. 3-8 Water Quality Control Plans impose requirements to ensure excess stormwater sediment does not exceed water quality objectives in the plans. For example: “Unless authorized, or exempt by the California Water Code or the Basin Plan, the discharge or threatened discharge of sand, silt, clay, bark, slash, sawdust, or other organic or earthen materials into any waters of the State from soil disturbance activities in quantities deleterious to fish, wildlife, and other beneficial uses is prohibited. Unless authorized, or exempt by the California Water Code or the Basin Plan, placing or disposal of sand, silt, clay, bark, slash, sawdust, or other organic or earthen materials from soil disturbance activities at locations above the anticipated high water line of any waters of the State where they may be washed into said waters by rainfall or runoff in quantities deleterious to fish, wildlife, and other beneficial uses is prohibited.” (Basin Plan, section 4.8.5.1).

Disturbed areas in delineated waters must be stabilized prior to a rainfall event to assure that sediment is controlled and the discharge from the proposed Project will comply with water quality objectives established for surface waters. The Water Quality Control Plan for the Central Coastal Region, section 4.8.5.2, states: “timing [of construction activities] should be established with reference to environmental sensitivity factors such as fish migrations, spawning or hatching, and minimum stream flow conditions.”

Conditions related to stormwater management are required to comply with Water Quality Control Plans and to ensure that the discharge complies with water quality objectives adopted or approved under Sections 13170 or 13245 of the California Water Code. Improperly designed and installed BMPs result in excess sediment, which impairs surface waters, adversely affects beneficial uses, and results in violations of water quality objectives in the Water Quality Control Plans in California. Post-rain erosion and sedimentation problems can contribute to significant degradation of the waters of the state; therefore, it is necessary to take corrective action to eliminate such discharges in order to avoid or minimize such degradation. Design, implementation, and maintenance of control measures and best management practices (BMPs) described in the conditions will assure compliance with water quality objectives for sediment, turbidity, temperature, suspended material, and settleable material. On-site availability of materials and supplies ensures BMPs can be reasonably implemented and that the discharge complies with water quality objectives. The Water Quality Control Plan for the Central Coastal Region, section 3.3.2, prohibits alteration of the suspended sediment load and suspended sediment discharge rate of surface waters in such a manner as to cause nuisance or adversely affect beneficial uses.

Many waters in California are high in mercury either naturally or due to historic mining activities.

This mercury, when discharged to waters of the state, can become bioavailable and impair beneficial uses including Subsistence Fishing (SUB) and Tribal Subsistence Fishing (T-SUB).

Effective sediment control is required under the Tribal and Subsistence Fishing Beneficial Uses and Mercury Provisions (Cal. Code of Reg., section 3010.)

Project Requirement Nos. 9-10 California Water Code section 13264 prohibits any discharge that is not specifically authorized in this Certification. This condition is necessary to prevent violation of state discharge prohibitions that protect water quality objectives. Water Quality Control Plans prohibit the discharge of construction materials and byproducts from being discharged into waters of the state. For example, section 4.6.4.1 of the Water Quality Control Plan for the Central Coast Region prohibits the discharge of solid wastes “to rivers, streams, creeks, or any natural drainageways or flood plains of the foregoing.”

This condition prohibiting discharge of materials detrimental to water quality or hazardous to aquatic life is also consistent with the…