Exhibit_D.pdf

30 April 2018

Sarah LaPlante Stanislaus National Forest #1 Pinecrest Lake Road Pinecrest, CA 95364

CERTIFIED MAIL

91 7199 9991 7036 7006 7143

CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER FOR THE

HAMMILL MEADOWS RESTORATION PROJECT, TUOLUMNE COUNTY (WDID#5B55CR00103)

Enclosed please find a Clean Water Act Section 401 Water Quality Certification and Order, authorized by Central Valley Regional Water Quality Control Board Executive Officer, Pamela C. Creedon. This Order is issued to Stanislaus National Forest, Summit Ranger District for Hammill Meadows Restoration Project (Project). Attachments A through F of the Enclosure are also part of the Order.

This Order is issued in response to an application submitted by Stanislaus National Forest, Summit Ranger District for proposed Project discharges to waters of the state, to ensure that the water quality standards for all waters of the state impacted by the Project are met. You may proceed with your Project according to the terms and conditions of the enclosed Order.

Please review your Order carefully to ensure that you understand all aspects of the Order. Note that this Order requires reporting and notification. Requirements for the content of the reporting and notification requirements are detailed in Attachment D, including specifications for photo and map documentation during the Project. Written reports and notifications must be submitted using the Reporting and Notification Cover Sheet located in Attachment D, which must be signed by the Permittee or an authorized representative.

These reports, notifications, and other submissions must be submitted in a searchable Portable Document Format (PDF). Documents less than 50 MB must be emailed to:

centralvalleysacramento@waterboards.ca.gov. In the subject line of the email, include the Central Valley Water Board Contact, Project name, and WDID. Documents that are 50 MB or larger must be transferred to a disk and mailed to the Central Valley Water Board Contact.

If you require further assistance, please contact me by phone at (916) 464-4684 or by email at PeterG.Minkel@waterboards.ca.gov.

Original Signed by:

Peter Minkel Engineering Geologist 401 Water Quality Certification Unit

Enclosures (1): Order for Hammill Meadows Restoration Project

Hammill Meadows Restoration Project Reg. Meas. ID: 412855 Place ID: 834628 cc: [Via email only] (w/ enclosure):

Sam Ziegler United States Environmental Protection Agency Ziegler.Sam@epa.gov

California Department of Fish and Wildlife, Region 2 R2LSA@wildlife.ca.gov

CWA Section 401 WQC Program Division of Water Quality State Water Resources Control Board Stateboard401@waterboards.ca.gov cc: (w/ enclosure):

Kathy Norton (SPK-2016-00374) United States Army Corps of Engineers Sacramento District Headquarters 1325 J Street, Room 1350 Sacramento, CA 95814-2922

Bill Jennings CA Sportfishing Protection Alliance 3536 Rainier Avenue Stockton, CA 95204

CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER

Effective Date: 30 April 2018 Reg. Meas. ID: 412855

Expiration Date: 29 April 2023 WDID: 5B55CR00103

USACOE#: SPK-2016-00374

Program Type: Restoration NWP 27

Project Type: Ecological Aquatic/Stream/Habitat Restoration

Project: Hammill Meadows Restoration Project (Project)

Applicant: Stanislaus National Forest, Summit Ranger Station Applicant Contact: Sarah LaPlante

Acting District Ranger United States Forest Service #1 Pinecrest Lake Road Pinecrest, CA 95364 Phone: (209) 965-3434 Email: slaplante@fs.fed.us

Applicant’s Agent: Tracy Weddle Hydrologist 19777 Greenley Road Sonora, CA 95370 Phone: (209) 288-6286 Email: tweddle@fs.fed.us

Water Board Staff: Peter Minkel Engineering Geologist 11020 Sun Center Drive, Suite 200 Rancho Cordova, CA 95670 Phone: (916) 464-4684 Email: PeterG.Minkel@waterboards.ca.gov

Water Board Contact Person:

If you have any questions, please call Central Valley Regional Water Quality Control Board (Central Valley Water Board) Staff listed above or (916) 464-3291 and ask to speak with the Water Quality Certification Unit Supervisor

Table of Contents

I. Order

II. Public Notice

III. Project Purpose

IV. Project Description

V. Project Location

VI. Project Impact and Receiving Waters Information

VII. Description of Direct Impacts to Waters of the State

VIII. Description of Indirect Impacts to Waters of the State

IX. Avoidance and Minimization

X. Compensatory Mitigation

XI. California Environmental Quality Act (CEQA)

XII. Petitions for Reconsideration

XIII. Fees Received

XIV. Conditions

XV. Water Quality Certification

Attachment A Project Maps Attachment B Receiving Waters, Impact, and Mitigation Information Attachment C CEQA Findings of Facts Attachment D Report and Notification Requirements Attachment E Signatory Requirements Attachment F Certification Deviation Procedures

I. Order This Clean Water Act (CWA) section 401 Water Quality Certification action and Order (Order) is issued at the request of Stanislaus National Forest, Summit Ranger Station (herein after Permittee) for the Project. This Order is for the purpose described in application and supplemental information submitted by the Permittee. The application was received on 14 April 2017. The application was deemed complete on 25 May 2017.

Central Valley Water Board staff requested additional information necessary to supplement the contents of the complete application and the Permittee responded to the request for supplemental information on the following dates (Table 1).

Table 1 Record of Supplemental Application Information

Date of Request for Supplemental Information Date all requested information was received.

31 July 2017 2 January 2018

II. Public Notice The Central Valley Water Board provided public notice of the application pursuant to California Code of Regulations, title 23, section 3858 from 21 April 2017 to 12 May 2017. The Central Valley Water Board did not receive any comments during the comment period.

III. Project Purpose The Project purpose is to stabilize and/or restore hydrologic function in five meadows (see Maps, Attachment A) occupied by the Yosemite toad, a United States Fish and Wildlife Service threatened species in accordance with the Endangered Species Act.

IV. Project Description The 1.43-acre Project in unnamed tributaries to the south fork Stanislaus River includes culvert cleaning to reduce stream sedimentation and stabilization of headcuts to prevent advancement upstream and stream banks so that flows have access to floodplains.

V. Project Location Address: Five Meadows (Bloomer, Lake, Bluff, Groundhog, Upper Three and Middle Three) located in the Stanislaus National Forest County: Tuolumne Assessor’s Parcel Number: NA Nearest City: NA

Section 22-23, 26-27, 32-34, Township 5 North, Range 19 East, MDB&M.

Latitude: 38°14‘24”N and Longitude: 119°52‘48”W

Maps showing the Project locations are found in Attachment A of this Order.

VI. Project Impact and Receiving Waters Information The Project is located within the jurisdiction of the Central Valley Water Board. Receiving waters and groundwater potentially impacted by this Project are protected in accordance with the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, Fourth Edition, revised April 2016 (Basin Plan). The Basin Plan for the region and other plans and policies may be accessed online at: http://www.waterboards.ca.gov/plans_policies/. The Basin Plan includes water quality standards, which consist of existing and potential beneficial uses of waters of the state, water quality objectives to protect those uses, and the state and federal antidegradation policies.

Project impact and receiving waters information can be found in Attachment B. Table 1 of Attachment B shows the receiving waters and beneficial uses of waters of the state impacted by the Project. Individual impact location and quantity is shown in Table 2 of Attachment B.

VII. Description of Direct Impacts to Waters of the State Work in the stream bed will occur in the dry season when flows are minimal to non-existent.

Movement of heavy equipment used to place boulders and gravel along headcuts (vertical drop in a stream bed) and stream channels may temporarily cause erosion. In addition, the heavy equipment may damage vegetation, which may lead to erosion Rock and gravel will be collected from areas away from water bodies to minimize impact.

Headcuts will be stabilized by placing compacted boulders and gravel into the headcut banks and bottom. The compacted rock will be shaped as a swale with a low area in the center for water to flow. Vegetation will be replanted in areas of bare soil. Willows will also be planted to help anchor soil.

The sides of the headcuts will be stabilized by rock fill by re-shaping to allow for banks capable of supporting vegetation for water to occasionally flow to floodplains. Dewatering may occur within the Project area in the Groundhog Meadow area if there is flowing water present.

A small system of pumps and coffer dams will be installed to pump water around the work area. No wet concrete will be placed into stream channel habitat.

Total Project fill quantities for all impacts are summarized in Table 2. Permanent impacts are categorized as those resulting in a physical loss in area and also those degrading ecological condition.

Table 2: Total Project Fill Quantity

Aquatic Resource Type

Temporary Impact1 Permanent Impact

Physical Loss of Area Degradation of Ecological Condition

Acres CY2 LF2 Acres CY LF Acres CY LF Stream bed 0.79 -- -- 0.636 3,620 -- -- -- --

VIII. Description of Indirect Impacts to Waters of the State – NOT APPLICABLE

IX. Avoidance and Minimization The Project will be implemented in late summer/early fall when channel flow is minimal. If flowing water is present, water will be diverted with temporary cofferdams and pumps.

Meadow soil will be sufficiently dry to provide bearing strength for heavy equipment.

Vegetation will be stockpiled and re-planted to minimize areas of bare soil. Willows will be

1 Includes only temporary direct impacts to waters of the state and does not include upland areas of temporary disturbance which could result in a discharge to waters of the state.

2 Cubic Yards (CY); Linear Feet (LF) added for increased soil anchoring. Vehicles will be refueled and services at least 300 feet from waterbodies.

X. Compensatory Mitigation No compensatory mitigation is required for permanent impacts because the Project is environmental restoration and is considered self-mitigating.

XI. California Environmental Quality Act (CEQA) The Central Valley Water Board has determined that the issuance of this Order is exempt by statute pursuant to California Code of Regulations, Title 14, section 15061.

Specifically, the issuance of this Order and the activities described herein meet the exemption criteria under California Code of Regulations, title 14, section 15333 Small Habitat Restoration Projects for the protection of habitat for fish, plants, or wildlife.

Additionally, the Central Valley Water Board concludes that no California Code of Regulations, title 14, section exceptions to the CEQA exemption apply to the activities approved by this Order.

XII. Petitions for Reconsideration Any person aggrieved by this action may petition the State Water Resources Control Board to reconsider this Order in accordance with California Code of Regulations, title 23, section 3867. A petition for reconsideration must be submitted in writing and received within 30 calendar days of the issuance of this Order.

XIII. Fees Received An application fee deposit of $200.00 was received on 14 April 2017.

The fee amount was determined as required by California Code of Regulations, title 23, sections 3833(b)(3) and 2200(a)(3), and was calculated as category D - Ecological Restoration and Enhancement Projects (fee code 85) with the dredge and fill fee calculator.

XIV. Conditions The Central Valley Water Board has independently reviewed the record of the Project to analyze impacts to the environment and designated beneficial uses within the watershed of the Project. In accordance with this Order, the Permittee may proceed with the Project under the following terms and conditions:

A. Authorization Impacts to waters of the state shall not exceed quantities shown in Table 2.

B. Reporting and Notification Requirements The following section details the reporting and notification types and timing of submittals.

Requirements for the content of these reporting and notification types are detailed in Attachment D, including specifications for photo and map documentation during the Project. Written reports and notifications must be submitted using the Reporting and Notification Cover Sheet located in Attachment D, which must be signed by the Permittee or an authorized representative.

The Permittee must submit all notifications, submissions, materials, data, correspondence, and reports in a searchable Portable Document Format (PDF). Documents less than 50

MB must be emailed to: centralvalleysacramento@waterboards.ca.gov. In the subject line of the email, include the Central Valley Water Board Contact, Project name, and WDID.

Documents that are 50 MB or larger must be transferred to a disk and mailed to the Central Valley Water Board Contact.

1. Project Reporting

a. Monthly Reporting: The Permittee must submit a Monthly Report to the Central Valley Water Board on the 15th day of each month beginning the month after the submittal of the Commencement of Construction Notification. Monthly reporting shall continue until the Central Valley Water Board issues a Notice of Project Complete Letter to the Permittee.

If no sampling is required, the Permittee shall submit a written statement stating, “No sampling was required” within two weeks of initiation of in-water construction, and every month thereafter.

b. Annual Reporting – Not Applicable

2. Project Status Notifications

a. Commencement of Construction: The Permittee shall submit a Commencement of Construction Report at least seven (7) days prior to start of initial ground disturbance activities.

b. Request for Notice of Completion of Discharges Letter: The Permittee shall submit a Request for Notice of Completion of Discharges Letter following completion of active Project construction activities, including any required restoration and permittee-responsible mitigation. This request shall be submitted to the Central Valley Water Board staff within thirty (30) days following completion of all Project construction activities. Upon acceptance of the request, Central Valley Water Board staff shall issue a Notice of Completion of Discharges Letter to the Permittee which will end the active discharge period and associated annual fees.

c. Request for Notice of Project Complete Letter: The Permittee shall submit a Request for Notice of Project Complete Letter when construction and/or any post-construction monitoring is complete,3 and no further Project activities will occur.

This request shall be submitted to Central Valley Water Board staff within thirty

(30) days following completion of all Project activities. Upon approval of the request, the Central Valley Water Board staff shall issue a Notice of Project Complete Letter to the Permittee which will end the post discharge monitoring period and associated annual fees.

3. Conditional Notifications and Reports: The following notifications and reports are required as appropriate.

3 Completion of post-construction monitoring shall be determined by Central Valley Water Board staff and shall be contingent on successful attainment of restoration and mitigation performance criteria.

(footnote continued on next page)

a. Accidental Discharges of Hazardous Materials4 Following an accidental discharge of a reportable quantity of a hazardous material, sewage, or an unknown material, the following applies (Wat. Code, § 13271):

i. As soon as (A) Permittee has knowledge of the discharge or noncompliance,

(B) notification is possible, and (C) notification can be provided without substantially impeding cleanup or other emergency measures then:

• first call – 911 (to notify local response agency)

• then call – Office of Emergency Services (OES) State Warning Center at:(800) 852-7550 or (916) 845-8911

• Lastly follow the required OES procedures as set forth in:

http://www.caloes.ca.gov/FireRescueSite/Documents/CalOES- Spill_Booklet_Feb2014_FINAL_BW_Acc.pdf

ii. Following notification to OES, the Permittee shall notify Central Valley Water Board, as soon as practicable (ideally within 24 hours). Notification may be delivered via written notice, email, or other verifiable means in accordance with section XIV.B.

iii. Within five (5) working days of notification to the Central Valley Water Board, the Permittee must submit an Accidental Discharge of Hazardous Material Report.

b. Violation of Compliance with Water Quality Standards: The Permittee shall notify the Central Valley Water Board of any event causing a violation of compliance with water quality standards. Notification may be delivered via written notice, email, or other verifiable means in accordance with section XIV.B.

i. This notification must be followed within three (3) working days by submission of a Violation of Compliance with Water Quality Standards Report.

c. In-Water Work and Diversions

i. The Permittee shall notify the Central Valley Water Board at least forty-eight

(48) hours prior to initiating work in water or stream diversions. Notification may be delivered via written notice, email, or other verifiable means in accordance with section XIV.B.

ii. Within three (3) working days following completion of work in water or stream diversions, an In-Water Work/Diversions Water Quality Monitoring Report must be submitted to Central Valley Water Board staff.

d. Modifications to Project Project modifications may require an amendment of this Order. The Permittee shall give advance notice to Central Valley Water Board staff if Project implementation as described in the application materials is altered in any way or by the imposition of subsequent permit conditions by any local, state or federal regulatory authority

4 "Hazardous material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous waste, and any material that a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. (Health & Saf. Code, § 25501.)

by submitting a Modifications to Project Report. The Permittee shall inform Central Valley Water Board staff of any Project modifications that will interfere with the Permittee’s compliance with this Order. Notification may be made in accordance with conditions in the certification deviation section of this Order.

e. Transfer of Property Ownership: This Order is not transferable in its entirety or in part to any person or organization except after notice to the Central Valley Water Board in accordance with the following terms:

i. The Permittee must notify the Central Valley Water Board of any change in ownership or interest in ownership of the Project area by submitting a Transfer of Property Ownership Report. The Permittee and purchaser must sign and date the notification and provide such notification to the Central Valley Water Board at least 10 days prior to the transfer of ownership. The purchaser must also submit a written request to the Central Valley Water Board to be named as the permittee in a revised order.

ii. Until such time as this Order has been modified to name the purchaser as the permittee, the Permittee shall continue to be responsible for all requirements set forth in this Order.

f. Transfer of Long-Term BMP Maintenance: If maintenance responsibility for post-construction BMPs is legally transferred, the Permittee must submit to the Central Valley Water Board a copy of such documentation and must provide the transferee with a copy of a long-term BMP maintenance plan that complies with manufacturer or designer specifications. The Permittee must provide such notification to the Central Valley Water Board with a Transfer of Long-Term BMP Maintenance Report at least 10 days prior to the transfer of BMP maintenance responsibility.

C. Water Quality Monitoring

1. General: Continuous visual surface water monitoring shall be conducted during active construction periods to detect accidental discharge of construction related pollutants (e.g. oil and grease, turbidity plume, or uncured concrete). The Permittee shall perform surface water sampling5:

a. when performing any in-water work;

b. during the entire duration of temporary surface water diversions;

c. in the event that the Project activities result in any materials reaching surface waters; or

d. when any activities result in the creation of a visible plume in surface waters.

2. Accidental Discharges/Noncompliance: Upon occurrence of an accidental discharge of hazardous materials or a violation of compliance with a water quality standard, Central Valley Water Board staff may require water quality monitoring based on the discharge constituents and/or related water quality objectives and beneficial uses.

5 Sampling is not required in wetlands, where the entire wetland is being permanently filled; provided there is no outflow connecting the wetland to surface waters.

3. In-Water Work or Diversions:

During planned in-water work or during the entire duration of temporary water diversions, any discharge(s) to waters of the state shall conform to the following water quality standards:

a. Waters shall not contain oils, greases, waxes, or other materials in concentrations that cause nuisance, result in a visible film or coating on the surface of the water or on objects in the water, or otherwise adversely affect beneficial uses.

b. Activities shall not cause turbidity increases in surface water to exceed:

I. where natural turbidity is less than 1 Nephelometric Turbidity Units (NTUs), controllable factors shall not cause downstream turbidity to exceed 2 NTU;

II. where natural turbidity is between 1 and 5 NTUs, increases shall not exceed 1

NTU;

III. where natural turbidity is between 5 and 50 NTUs, increases shall not exceed 20 percent;

IV. where natural turbidity is between 50 and 100 NTUs, increases shall not exceed 10 NTUs;

V. where natural turbidity is greater than 100 NTUs, increases shall not exceed 10 percent.

In determining compliance with the above limits, appropriate averaging periods may be applied provided that beneficial uses will be fully protected. Averaging periods may only be used with prior permission of the Central Valley Water Board Executive Officer.

Sampling during in-water work or during the entire duration of temporary water diversions shall be conducted in accordance with Table 3 sampling parameters.6 The sampling requirements in Table 3 shall be conducted upstream out of the influence of the Project, and approximately 300 feet downstream of the work area.

The sampling frequency may be modified for certain projects with written approval from Central Valley Water Board staff. An In-Water Work and Diversions Water Quality Monitoring Report, as described in Attachment D, shall be submitted within two weeks on initiation of in-water construction, and with every monthly report thereafter.

In reporting the data, the Permittee shall arrange the data in tabular form so that the sampling locations, date, constituents, and concentrations are readily discernible. The data shall be summarized in such a manner to illustrate clearly whether the Project complies with Order requirements. The report shall include surface water sampling results, visual observations, and identification of the turbidity increase in the receiving

6 Pollutants shall be analyzed using the analytical methods described in 40 Code of Federal Regulations Part 136; where no methods are specified for a given pollutant, the method shall be approved by Central Valley Water Board staff. Grab samples shall be taken between the surface and mid-depth and not be collected at the same time each day to get a complete representation of variations in the receiving water.

A hand-held field meter may be used, provided the meter utilizes a U.S. EPA-approved algorithm/method and is calibrated and maintained in accordance with the manufacturer’s instructions. A calibration and maintenance log for each meter used for monitoring shall be maintained onsite.

water applicable to the natural turbidity conditions specified in the turbidity criteria in XIV.C.3.d.

Table 3: Sample Type and Frequency Requirements Parameter Unit of

Measurement Type of Sample

Minimum Frequency

Oil and Grease N/A Visual Continuous Turbidity NTU Grab Every 4 hours

4. Post-Construction: Visually inspect the Project site during the rainy season for one year to ensure excessive erosion, stream instability, or other water quality pollution is not occurring in or downstream of the Project site. If water quality pollution is occurring, contact the Central Valley Water Board staff member overseeing the Project within three (3) working days. The Central Valley Water Board may require the submission of a Violation of Compliance with Water Quality Standards Report.

Additional permits may be required to carry out any necessary site remediation.

D. Standard

1. This Order is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Water Code section 13330, and California Code of Regulations, title 23, chapter 28, Article 6 commencing with sections 3867-3869, inclusive. Additionally, the Central Valley Water Board reserves the right to suspend, cancel, or modify and reissue this Order, after providing notice to the Permittee, if the Central Valley Water Board determines that: the Project fails to comply with any of the conditions of this Order; or, when necessary to implement any new or revised water quality standards and implementation plans adopted or approved pursuant to the Porter-Cologne Water Quality Control Act (Wat. Code, § 13000 et seq.)

or federal Clean Water Act section 303 (33 U.S.C. § 1313). For purposes of Clean Water Act section 401(d), the condition constitutes a limitation necessary to assure compliance with water quality standards and appropriate requirements of state law.

2. This Order is not intended and shall not be construed to apply to 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 pursuant to subsection 3855(b) of chapter 28, title 23 of the California Code of Regulations, and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought.

3. This Order is conditioned upon total payment of any fee required under title 23 of the California Code of Regulations and owed by the Permittee.

4. In the event of any violation or threatened violation of the conditions of this Order, the violation or threatened violation shall be subject to any remedies, penalties, process, or sanctions as provided for under state and federal law. For purposes of Clean Water Act, section 401(d), the applicability of any state law authorizing remedies, penalties, processes, 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 Order.

E. General Compliance

1. Failure to comply with any condition of this Order shall constitute a violation of the

Porter-Cologne Water Quality Control Act and the Clean Water Act. The Permittee and/or discharger may then be subject to administrative and/or civil liability pursuant to Water Code section 13385.

2. Permitted actions must not cause a violation of any applicable water quality standards, including impairment of designated beneficial uses for receiving waters as adopted in the Basin Plans by any applicable Central Valley Water Board or any applicable State Water Board (collectively Water Boards) water quality control plan or policy. The source of any such discharge must be eliminated as soon as practicable.

3. In response to a suspected violation of any condition of this Order, the Central Valley Water Board may require the holder of this Order to furnish, under penalty of perjury, any technical or monitoring reports the Water Boards deem appropriate, provided that the burden, including costs, of the reports shall bear a reasonable relationship to the need for the reports and the benefits to be obtained from the reports. The additional monitoring requirements ensure that permitted discharges and activities comport with any applicable effluent limitations, water quality standards, and/or other appropriate requirement of state law.

4. The Permittee must, at all times, fully comply with engineering plans, specifications, and technical reports submitted to support this Order; and all subsequent submittals required as part of this Order. The conditions within this Order and Attachments supersede conflicting provisions within Permittee submittals.

5. This Order and all of its 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.

F. Administrative

1. Signatory requirements for all document submittals required by this Order are presented in Attachment E of this Order.

2. This Order does not authorize any act which results in the taking of a threatened, endangered or candidate species or any act, which is now prohibited, or becomes prohibited in the future, under either the California Endangered Species Act (Fish & G.

Code, §§ 2050-2097) or the federal Endangered Species Act (16 U.S.C. §§ 1531- 1544). If a “take” will result from any act authorized under this Order held by the Permittee, the Permittee must obtain authorization for the take prior to any construction or operation of the portion of the Project that may result in a take. The Permittee is responsible for meeting all requirements of the applicable endangered species act for the Project authorized under this Order.

3. The Permittee shall grant Central Valley Water Board staff, or an authorized representative (including an authorized contractor acting as a Water Board representative), upon presentation of credentials and other documents as may be required by law, permission to:

a. Enter upon the Project or compensatory mitigation site(s) premises where a regulated facility or activity is located or conducted, or where records are kept.

b. Have access to and copy any records that are kept and are relevant to the Project or the requirements of this Order.

c. Inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order.

d. Sample or monitor for the purposes of assuring Order compliance.

4. A copy of this Order shall be provided to any consultants, contractors, and subcontractors working on the Project. Copies of this Order shall remain at the Project site for the duration of this Order. The Permittee shall be responsible for work conducted by its consultants, contractors, and any subcontractors.

5. A copy of this Order must be available at the Project site(s) during construction for review by site personnel and agencies. All personnel performing work on the Project shall be familiar with the content of this Order and its posted location at the Project site.

G. Construction

1. Dewatering

a. The Permittee shall develop and maintain on-site a Surface Water Diversion and/or

Dewatering Plan(s). The Plan(s) must be developed prior to initiation of any water diversions. The Plan(s) shall include the proposed method and duration of diversion activities and include water quality monitoring conducted, as described in section XIV.C.3, during the entire duration of dewatering and diversion activities.

The Plan(s) must be consistent with this Order and must be made available to the Central Valley Water Board staff upon request.

b. For any temporary dam or other artificial obstruction being constructed, maintained, or placed in operation, sufficient water shall at all times be allowed to pass downstream, to maintain beneficial uses of waters of the state below the dam.

Construction, dewatering, and removal of temporary cofferdams shall not violate section XIV.C.3.

c. The temporary dam or other artificial obstruction shall only be built from clean materials, including, but not limited to, sandbags, gravel bags, water dams, or clean/washed gravel which will cause little or no siltation. Stream flow shall be temporarily diverted using gravity flow through temporary culverts/pipes or pumped around the work site with the use of hoses.

d. If water is present in the work area, the area must be dewatered prior to start of work.

2. Directional Drilling – NOT APPLICABLE

3. Dredging – NOT APPLICABLE

4. Fugitive Dust – NOT APPLICABLE

5. Good Site Management “Housekeeping”

a. The Permittee shall develop and maintain onsite a project-specific Spill Prevention, Containment and Cleanup Plan outlining the practices to prevent, minimize, and/or clean up potential spills during construction of the Project. The Plan must detail the Project elements, construction equipment types and location, access and staging and construction sequence. The Plan must be made available to the Central Valley Water Board staff upon request.

b. Refueling of equipment within the floodplain or within 300 feet of the waterway is prohibited. If critical equipment must be refueled within 300 feet of the waterway, spill prevention and countermeasures must be implemented to avoid spills.

Refueling areas shall be provided with secondary containment including drip pans and/or placement of absorbent material. No hazardous materials, pesticides, fuels, lubricants, oils, hydraulic fluids, or other construction-related potentially hazardous substances should be stored within a floodplain or within 300 feet of a waterway.

The Permittee must perform frequent inspections of construction equipment prior to utilizing it near surface waters to ensure leaks from the equipment are not occurring and are not a threat to water quality.

c. All materials resulting from the Project shall be removed from the site and disposed of properly.

d. A method of containment shall be used below the bridges and temporary crossings to prevent debris from falling into the waterbody through the entire duration of the Project.

6. Hazardous Materials

a. The discharge of petroleum products, any construction materials, hazardous materials, pesticides, fuels, lubricants, oils, hydraulic fluids, raw cement, concrete or the washing thereof, asphalt, paint, coating material, drilling fluids, or other substances potentially hazardous to fish and wildlife resulting from or disturbed by project-related activities is prohibited and shall be prevented from contaminating the soil and/or entering waters of the state. In the event of a prohibited discharge, the Permittee shall comply with notification requirements in sections XIV.B.3.a and XIV.B.3.b.

7. Invasive Species and Soil Borne Pathogens – NOT APPLICABLE

8. In-Water Work

a. Work in the streambed shall occur during periods of no precipitation and when the work area has been completely dewatered.

9. Post-Construction Storm Water Management

a. The Permittee must minimize the short and long-term impacts on receiving water quality from the Project by implementing the following post-construction storm water management practices and as required by local agency permitting the Project, as appropriate:

i. Minimize the amount of impervious surface;

ii. Reduce peak runoff flows;

iii. Provide treatment BMPs to reduce pollutants in runoff;

iv. Ensure existing waters of the state (e.g., wetlands, vernal pools, or creeks) are not used as pollutant source controls and/or treatment controls;

v. Preserve and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands, and buffer zones;

vi. Limit disturbances of natural water bodies and natural drainage systems caused by development (including development of roads, highways, and bridges);

vii. Use existing drainage master plans or studies to ensure incorporation of structural and non-structural BMPs to mitigate the projected pollutant load increases in surface water runoff;

viii. Identify and avoid development in areas that are particularly susceptible to erosion and sediment loss, or establish development guidance that protects areas from erosion/ sediment loss; and

ix. Control post-development peak storm water run-off discharge rates and velocities to prevent or reduce downstream erosion, and to protect stream habitat.

b. The Permittee shall ensure that all development within the Project provides verification of maintenance provisions for post-construction structural and treatment control BMPs as required by the local agency permitting the Project.

Verification shall include one or more of the following, as applicable:

i. The developer’s signed statement accepting responsibility for maintenance until the maintenance responsibility is legally transferred to another party; or

ii. Written conditions in the sales or lease agreement that require the recipient to assume responsibility for maintenance; or

iii. Written text in Project conditions, covenants and restrictions for residential properties assigning maintenance responsibilities to a home owner’s association, or other appropriate group, for maintenance of structural and treatment control BMPs; or

iv. Any other legally enforceable agreement that assigns responsibility for storm water BMPs maintenance.

10. Roads – NOT APPLICABLE

11. Sediment Control

a. Except for activities permitted by the United States Army Corps of Engineers under

Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, soil, silt, or other organic materials shall not be placed where such materials could pass into surface water or surface water drainage courses.

b. Silt fencing, straw wattles, or other effective management practices must be used along the construction zone to minimize soil or sediment along the embankments from migrating into the waters of the state through the entire duration of the Project.

c. The use of netting material (e.g., monofilament-based erosion blankets) that could trap aquatic dependent wildlife is prohibited within the Project area.

12. Special Status Species – NOT APPLICABLE

13. Stabilization/Erosion Control

a. All areas disturbed by Project activities shall be protected from washout and erosion.

b. Hydroseeding shall be performed with California native seed mix.

14. Storm Water

a. During the construction phase, the Permittee must employ strategies to minimize erosion and the introduction of pollutants into storm water runoff. These strategies must include the following:

i. The Permittee must comply with the Statewide Construction Storm Water

Permit, including, but not limited to, preparation and implementation of a Storm Water Pollution Prevention Plan; and

ii. An effective combination of erosion and sediment control Best Management Practices (BMPs) must be implemented and adequately working prior to the rainy season and during all phases of construction.

H. Site Specific – NOT APPLICABLE

I. Total Maximum Daily Load (TMDL) – NOT APPLICABLE

J. Mitigation for Temporary Impacts

1. The Permittee shall restore all areas of temporary impacts, including Project site upland areas, which could result in a discharge to waters of the state to pre-construction contours and conditions upon completion of construction activities. The Permittee shall restore all areas of temporary impacts, including Project site upland areas, which could result in a discharge to waters of the state to pre-construction contours and conditions upon completion of construction activities

2. The Central Valley Water Board may extend the monitoring period beyond requirements of the restoration plan upon a determination by Executive Officer that the performance standards have not been met or are not likely to be met within the monitoring period.

K. Compensatory Mitigation for Permanent Impacts7 No compensatory mitigation was required for permanent impacts because the permanent impacts are for environmental restoration and is considered self-mitigating.

1. Final Compensatory Mitigation Plan – NOT APPLICABLE

2. Compensatory Mitigation Monitoring Requirements – NOT APPLICABLE

3. Compensatory Mitigation Plan – NOT APPLICABLE

4. Irrevocable Letter of Credit – NOT APPLICABLE

7 Compensatory Mitigation is for permanent physical loss and permanent ecological degradation of a water of the state.

5. Permittee-Responsible Compensatory Mitigation Responsibility – NOT

APPLICABLE

6. Purchase of Mitigation Credits by Permittee for Compensatory Mitigation – NOT

APPLICABLE

L. Certification Deviation

1. Minor modifications of Project locations or predicted impacts may be necessary as a result of unforeseen field conditions, necessary engineering re-design, construction concerns, or similar reasons. Some of these prospective Project modifications may have impacts on water quality. Some modifications of Project locations or predicted impacts may qualify as Certification Deviations as set forth in Attachment F. For purposes of this Certification, a “Certification Deviation” is a Project locational or impact modification that does not require an immediate amendment of the Order, because the Central Valley Water Board has determined that any potential water quality impacts that may result from the change are sufficiently addressed by the Order conditions and the CEQA Findings. After the termination of construction, this Order will be formally amended to reflect all authorized Certification Deviations and any resulting adjustments to the amount of water resource impacts and required compensatory mitigation amounts.

2. A Project modification shall not be granted a Certification Deviation if it warrants or necessitates changes that are not addressed by the Order conditions such that the Project no longer qualifies for a categorical exemption. In this case a supplemental environmental review and different Order will be required.

XV. Water Quality Certification I hereby issue the Order for the Hammill Meadows Restoration Project, (WDID#5B55CR00103) certifying that as long as all of the conditions listed in this Order are met, any discharge from the referenced Project will comply with the applicable provisions of Clean Water Act 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).

Except insofar as may be modified by any preceding conditions, all Order actions are contingent on: (a) the discharge being limited and all proposed mitigation being completed in strict compliance with the conditions of this Order and the attachments to this Order; and, (b) compliance with all applicable requirements of Statewide Water Quality Control Plans and Policies, the Regional Water Boards’ Water Quality Control Plans and Policies.

Original Signed by Bryan Smith for: 20 April 2018

Patrick Palupa, Incoming Executive Officer for Pamela C. Creedon, Executive Officer

Date

Central Valley Regional Water Quality Control Board

Attachment A Project Maps Attachment B Receiving Waters, Impact, and Mitigation Information Attachment C CEQA Findings of Facts Attachment D Report and Notification Requirements Attachment E Signatory Requirements Attachment F Certification Deviation Procedures

Attachment A Project Maps

Attachment A Place ID: 834628

V2.2 Page 1 of 7

Figure 1 – Site Vicinity Map

Figure 2 – Site Location Map

Figure 3 – Bloomer Lake Meadow Site Map

Figure 4 - Bluff Meadow Site Map

Figure 5 – Groundhog Meadow Site Map

Figure 6 - Upper Three Meadow Site Map

Figure 7 – Middle Three Meadow Site Map

Attachment B Receiving Waters, Impact and Mitigation Information

Attachment B Place ID: 834628

Receiving Waters The following table shows the receiving waters associated with each impact site.

Table 1: Receiving Water(s) Information Impact Site

ID

Waterbody Name Impacted

Aquatic Resource

Type

Water Board Hydrologic Units

Receiving Waters Receiving Waters Beneficial Uses

303d Listing

Pollutant eCRAM

ID8

Bloomer Lake Meadow

Unnamed tributary to south fork Stanislaus River

Stream 534.30 South Fork Stanislaus HA

South Fork Stanislaus River

REC 1, REC-2,

WARM, COLD,

SPWN, WILD

NA NA

Bluff Meadow

Unnamed tributary to south fork Stanislaus River

Stream 534.30 South Fork Stanislaus HA

South Fork Stanislaus River

REC 1, REC-2,

WARM, COLD,

SPWN, WILD

NA NA

Groundhog Meadow

Unnamed tributary to south fork Stanislaus River

Stream 534.30 South Fork Stanislaus HA

South Fork Stanislaus River

REC 1, REC-2,

WARM, COLD,

SPWN, WILD

NA NA

Upper Three Meadow

Unnamed tributary to south fork Stanislaus River

Stream 534.30 South Fork Stanislaus HA

South Fork Stanislaus River

REC 1, REC-2,

WARM, COLD,

SPWN, WILD

NA NA

Middle Three Meadow

Unnamed tributary to south fork Stanislaus River

Stream 534.30 South Fork Stanislaus HA

South Fork Stanislaus River

REC 1, REC-2,

WARM, COLD,

SPWN, WILD

NA NA

8 California Rapid Assessment Method (CRAM) score of impacted sites provided by the Permittee.

Attachment B Place ID: 834628

Individual Direct Impact Locations The following table shows individual impact locations.

Table 2: Individual Direct Impact Information

Site ID Latitude Longitude

Indirect Impact Requiring Mitigation

Direct Impact

Duration

Dredge Fill

Yes No Acres Cubic Yards

Linear Feet Acres Cubic

Yards Linear Feet

Bloomer Lake Meadow 38°15’54.0”N 119°51’14.2”W ☐ ☒

Temporary -- -- -- 0.145 -- --

Permanent -- -- -- 0.105 590 --

Bluff Meadow 38°8’42.0”N 119°53’52.8”W ☐ ☒ Temporary -- -- -- 0.190 -- --

Permanent -- -- -- 0.011 45 --

Groundhog Meadow 38°15’39.6”N 119°52’12.0”W ☐ ☒ Temporary -- -- -- 0.140 -- --

Permanent -- -- -- 0.01 15 --

Upper Three Meadow 38°14’34.8”N 119°52’51.6”N ☐ ☒ Temporary -- -- -- 0.209 -- --

Permanent -- -- -- 0.241 1,290 --

Middle Three Meadow 38°14’42.0”N 119°53‘9.6”N ☐ ☒ Temporary -- -- -- 0.106 -- --

Permanent -- -- 0.269 1,680 --

Attachment C CEQA Findings of Facts

Attachment C Place ID: 834628

The Central Valley Water Board has determined that the issuance of this Order is exempt by statute pursuant to California Code of Regulations, Title 14, section 15061.

Specifically, the issuance of this Order and the activities described herein meet the exemption criteria under California Code of Regulations, title 14, section 15333 Small Habitat Restoration Projects for the protection of habitat for fish, plants, or wildlife.

Additionally, the Central Valley Water Board concludes that no California Code of Regulations, title 14, section exceptions to the CEQA exemption apply to the activities approved by this Order.

The Central Valley Water Board will file a Notice of Exemption with the State Clearinghouse within five (5) working days from the issuance of this Order. (Cal. Code Regs., tit. 14, Section 15062.)

Attachment D Reports and Notification Requirements

Attachment D Place ID: 834628

Copies of this Form In order to identify your project, it is necessary to include a copy of the Project specific Cover Sheet below with your report: please retain for your records. If you need to obtain a copy of the Cover Sheet you may download a copy of this Order as follows:

1. Go to: http://www.waterboards.ca.gov/water_issues/programs/cwa401/certifications.shtml

2. Find your Order in the table based on Applicant, Date, and Subject headers.

Report Submittal Instructions

1. Check the box on the Report and Notification Cover Sheet next to the report or notification you are submitting.

• Part A (Annual Report): This report will be submitted annually from the anniversary of Project effective date until a Notice of Project Complete Letter is issued.

• Part B (Project Status Notifications): Used to notify the Central Valley Water Board of the status of the Project schedule that may affect Project billing.

• Part C (Conditional Notifications and Reports): Required on a case by case basis for accidental discharges of hazardous materials, violation of compliance with water quality standards, notification of in-water work, or other reports.

2. Sign the Report and Notification Cover Sheet and attach all information requested for the Report Type.

3. Electronic Report Submittal Instructions:

• Submit signed Report and Notification Cover Sheet and required information via email to:

centralvalleysacramento@waterboards.ca.gov and cc: PeterG.Minkel@waterboards.ca.gov

• Include in the subject line of the email:

Subject: ATTN: Peter Minkel; Reg. Measure ID: 412855_Report

Definition of Reporting Terms

1. Active Discharge Period: The active discharge period begins with the effective date of this Order and ends on the date that the Permittee receives a Notice of Completion of Discharges Letter or, if no post-construction monitoring is required, a Notice of Project Complete Letter. The Active Discharge Period includes all elements of the Project including site construction and restoration, and any Permittee responsible compensatory mitigation construction.

2. Request for Notice of Completion of Discharges Letter: This request by the Permittee to the

Central Valley Water Board staff pertains to projects that have post construction monitoring requirements, e.g.