ATTACH_10_R3_Scorpion_Pier_Cert_34219WQ02_final.pdf

May 23, 2019

Sterling Holdorf Channel Islands National Park 1901 Spinnaker Drive Ventura, CA 93001 Email: sterling_holdorf@nps.gov

VIA ELECTRONIC MAIL

Dear Mr. Holdorf:

WATER QUALITY CERTIFICATION NO. 34219WQ02 FOR THE SCORPION PIER

REPLACEMENT PROJECT, SANTA BARBARA COUNTY

Thank you for the opportunity to review your February 12, 2019 application for water quality certification of the Scorpion Pier Replacement Project (Project). The application was completed on February 26, 2019. All supplemental information requested was received on May 10, 2019.

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 13267 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 13268 of the California Water Code. The Central Coast Water Board will base enforcement actions on the date of certification. 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.

Channel Islands NP Certification No. 34219WQ02 May 23, 2019

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If you have questions please contact Mark Cassady at (805) 549-3689 or via email at Mark.Cassady@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 John M. Robertson Executive Officer

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

Nicolas Duffort Anchor QEA, LLC E-mail: nduffort@anchorqea.com

Theresa Stevens U.S Army Corps of Engineers Caltrans Liaison E-mail: Theresa.Stevens@usace.army.mil

Ed Pert California Department of Fish and Wildlife E-mail: Ed.Pert@wildlife.ca.gov

Melissa Scianni U.S. Environmental Protection Agency Region 9 E-mail: scianni.melissa@epa.gov

CWA Section 401 WQC Program Division of Water Quality State Water Resources Control Board E-mail: Stateboard401@waterboards.ca.gov

Ashley Green Central Coast Water Board E-mail: Ashley.Green@waterboards.ca.gov

Mark Cassady Central Coast Water Board Email: Mark.Cassady@waterboards.ca.gov

R:\RB3\Shared\401\Certifications\Santa Barbara\2019\34219WQ02_Scorpion Pier\Cert\R3_Scorpion Pier_Cert_34219WQ02_final.doc mailto:Mark.Cassady@waterboards.ca.gov

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

PROJECT: Scorpion Pier Replacement

APPLICANT:

Sterling Holdorf Channel Islands National Park 1901 Spinnaker Drive Ventura, CA 93001

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.

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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 applicant, if the Central Coast Water Board determines that the Project fails to comply with any of the terms or conditions of this Certification.

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 Applicant shall grant Central Coast Water Board staff, 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 Applicant 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 applicant submittals.

9. The Applicant 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 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 Applicant 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.

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11. This Certification expires if Project construction does not begin within five years from the date of this Certification. If this Certification does not expire as described above, it remains in effect until the Applicant complies with all Certification requirements and conditions.

12. Because of sovereign immunity for federal entities, the total application fee for this project is

$0.

CENTRAL COAST WATER BOARD CONTACT PERSON:

Mark Cassady

(805) 549-3689 Mark.Cassady@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, any discharge from the Scorpion Pier Replacement Project 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. This discharge is 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 discharge being limited and all proposed mitigation being completed in strict compliance with the applicant’s project description 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_________________________ ____May 23, 2019____ John M. Robertson Date Executive Officer Central Coast Water Board

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PROJECT INFORMATION AND CONDITIONS

Application Date Received: February 12, 2019

Completed: February 26, 2019

Applicant

Sterling Holdorf Channel Islands National Park 1901 Spinnaker Drive Ventura, CA 93001 sterling_holdorf@nps.gov

(805) 658-5710

Applicant Representatives

Nicolas Duffort

QEA, LLC

130 Battery Street San Francisco, CA 94111 nduffort@anchorqea.com

(415) 361-5158

Project Name Scorpion Pier Replacement Application Number 34219WQ02 Type of Project Boating and Navigation

Project Location Santa Cruz Island Latitude: 34° 2’ 59.99” N Longitude: -119° 33’ 21.88” W

County Santa Barbara

Receiving Water(s) Pacific Ocean

316.30 Santa Barbara Channel Islands Hydrologic Unit

Water Body Type Streambed, ocean

Designated Beneficial Uses

Aquaculture (AQUA) Shellfish Harvesting (SHELL) Navigation (NAV) Marine Habitat (MAR) Areas of Special Biological Significance (ASBS) Preservation of Biological Habitats of Special Significance (BIOL) Commercial and Sport Fishing (COMM) Industrial Service Supply (IND) Migration of Aquatic Organisms (MIGR) Rare, Threatened, or Endangered Species (RARE) Water Contact Recreation (REC-1) Non-Contact Water Recreation (REC-2) Spawning, Reproduction, and/or Early Development (SPWN)

Project Description (purpose/goal)

The purpose of this project is to replace an existing deficient and degraded pier that provides access to Santa Cruz Island.

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

1. Installation of a replacement pier that is 18 feet wide and 300 feet long, with a pierhead that is 31 feet by 60 feet.

2. Installation of 73 permanent piles of 12-inch to 18-inch diameter using drilling equipment and a rock hammer drill.

3. Improvement to the approach roadway, including fill of

- 2 of 10 -approximately 180 square feet of Scorpion Creek.

4. Construction of a temporary access ramp over approximately 2,896 square feet of Scorpion Creek to enable safe access for offloading of equipment during construction.

5. Installation of up to 12 temporary 18-inch diameter piles in Scorpion Creek to construct temporary framing alongside the proposed pier and facilitate construction access.

6. Removal and partial reuse of the existing pier.

U.S. Army Corps of Engineers Permit No. Individual permit, file # SPL-2019-00144-TS

Federal Public Notice n/a Dept. of Fish and Wildlife Streambed Alteration Agreement n/a

Status of CEQA Compliance

The Environmental Impact Statement (EIS) prepared by the National Park Service under the National Environmental Policy Act was used as a CEQA-equivalent document in place of an Environmental Impact Report.

Lead Agency: California State Lands Commission

Total Certification Application Fee $0

Area of Disturbance

Approximately 0.83 acre and 193 linear feet total

Streambed: 0.004 acre and 11 linear feet permanent, 0.075 acre and 67 linear feet temporary Ocean/Estuary/Bay: 0.003 acre and 104 linear feet permanent, 0.0003 acre and 11 linear feet temporary

Dredge Volume n/a Excavation Volume n/a

Fill Volume

Approximately 537 total cubic yards

Streambed: 15.5 cubic yards permanent, 469.2 cubic yards temporary Ocean/Estuary/Bay: 49.7 cubic yards permanent, 2.6 cubic yards temporary

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Compensatory Mitigation Requirements

1. The project shall include the following compensatory mitigation:

a. Impacts from the installation of 73 new piles shall be offset through the removal of 12 piles from the existing pier, as well as the relocation of two existing mooring buoys and associated tackle to sandy bottom locations in order to minimize contact with sensitive marine habitat.

b. Impacts to 0.004 acre (180 square feet) of streambed from the approach roadway shall be offset through the removal of Scorpion Canyon Cross-over Road and restoration of at least

0.012 acre (540 square feet) of other waters and wetlands near the proposed pier.

c. 0.075 acre of temporary impacts to streambed from approach roadway construction and temporary access shall be restored to preconstruction conditions by removal of all temporarily placed crushed aggregate base rock, earthen fill, and filter fabric.

Restoration shall be completed within six months of completing construction.

d. 0.0003 acre of impacts to Ocean/Estuary/Bay from temporary pile installation shall be mitigated by restoration of 0.0003 acres through the removal of all temporary piles within six months of completing construction.

2. The Applicant shall relocate existing mooring buoys as described in the EIS developed for the project. Scorpion Canyon Cross-over Road removal and restoration shall include restoration of the riverine wetland channel and planting of native vegetation in wetland areas as described in the April 2015 Channel Islands National Park Final General Management Plan.

3. Removal of the existing pier and piles shall be completed within 6 months of completing construction of the new pier. Relocation of existing mooring buoys shall be completed through the NPS cyclic maintenance program when funds are available, and no later than within three years of project completion. Restoration of the Scorpion Canyon Cross-over Road shall be completed when funds are available, and no later than within five years of project completion.

4. The Applicant shall provide a compensatory mitigation plan for Scorpion Canyon Cross-over Road removal and restoration for Central Coast Water Board staff approval within one year of project completion. The Applicant shall implement the approved plan.

Project Requirements

Project practices that are required to comply with 401 Water Quality Certification are as follows:

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. Trainings shall be conducted by a qualified individual with expertise in 401 Water Quality Certification conditions and compliance.

2. All work performed within waters of the State shall be completed in

- 4 of 10 -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 shall be stabilized for the winter prior to October 31 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 during the winter period (October 31 – May 30), unless prior written approval has been obtained from Central Coast Water Board staff. Requests to conduct construction activities below top of creek banks during the winter period shall be submitted to Central Coast Water Board staff at least 21 days prior to the planned winter period work date. If approval is obtained, the Applicant shall implement the approved winter work as specified in the Central Coast Water Board staff approval and as described in any documentation submitted by the Applicant while seeking the approval.

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 Applicant 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 Applicant 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 Applicant shall not conduct construction activities below top of creek banks 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 Applicant 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 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

- 5 of 10 -barrier.

9. The Applicant 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 Applicant 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. The Applicant shall designate a staging area for equipment and vehicle fueling and storage in a location where fluids or accidental discharges cannot flow into waterways.

13. Dewatering and stream diversion measures are not authorized based on the application. If the project requires dewatering or diversion, the Applicant shall submit detailed dewatering/ diversion plans for Central Coast Water Board staff approval at least 21 days prior to any dewatering or diversion.

14. 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.

15. Central Coast Water Board staff 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 Applicant shall inform Central Coast Water Board staff of any modifications that interfere with compliance with this Certification.

Marine Construction BMPs:

1. The Applicant must implement Best Management Practices (BMPs) to prevent and control spill risks. The Applicant must minimize the source of risks and thereby reduce overall spill and pollution risks on the Project.

a. No refueling of equipment may occur without adequate containment and spill response equipment.

b. Any barge used for the Project must have double contained fuel storage below decks, in compliance with all regulations.

c. Pollution from stormwater runoff from equipment stored on deck must be prevented by maintaining equipment regularly and having double containment when appropriate.

d. Debris dropped in the water must be contained within a boom surrounding the work area.

e. No equipment containing any petroleum products is permitted to enter the water (except a barge, as described above in b).

f. Vessels must have portable, regularly serviced sanitation equipment. No overboard discharge is permitted.

g. The Applicant must ensure that work crews are carefully briefed on the importance of observing the appropriate precautions and reporting any accidental spills.

h. Construction contracts must contain appropriate penalty

- 6 of 10 -provisions, sufficient to offset the cost of retrieving or cleaning up improperly contained foreign materials.

2. The following measures must be employed to control the risks of fuel or oil spills from equipment during pile installation operations.

a. All equipment used on a barge or pier, such as cranes, winches, welding machines, and pile hammers, must be in good condition with no fuel or oil leakage.

b. Should any equipment begin to leak, that equipment must be removed immediately from the project site and repaired or replaced.

c. A spill kit must be maintained onsite, for use in containing and cleaning up minor equipment spills.

d. All equipment fueling may only take place at staging areas or on a barge or pier, with containment in place.

e. No refueling between vessels may be carried out.

f. An absorbent tarp must be placed underneath any portable equipment used in operations.

3. The Applicant must maintain spill containment and cleanup kits at the site consisting of the following items (the kit must be stored on the deck of a barge or pier, below decks with easy access, or in the staging area).

a. Absorbent Boom (150 feet).

b. Absorbent Tarp (200 square feet) for use during pile installation.

c. Barrel Absorbent Pads.

d. Container absorbent granules.

4. The following safeguards, mitigation measures, actions, and procedures for the protection of the marine environment must be implemented.

a. Material Containment: Foreign materials (e.g. construction scraps, wood preservatives, other chemicals, etc.) must be prevented from entering waters of the State. Where additional wood preservatives must be applied to cut-wood surfaces, the materials, whenever feasible, must be treated at an onshore staging area to preclude the possibility of spills into waters of the State. A containment boom must be placed around all active portions of the construction site where wood scraps or other floatable debris could enter waters of the State.

b. For any work on or beneath fixed decks, heavy-duty mesh containment netting must be maintained below all work areas where construction discards or other materials could fall into the water. The containment boom and net must be cleared daily or as often as necessary to prevent accumulation of debris.

c. Stormwater Control Plan: All water quality BMPs to be implemented during construction and their location must be noted on the Stormwater Control Plan. Silt fences, or equivalent apparatus, must be installed where necessary to prevent construction-related runoff and/or sediment from entering waters of the State to the maximum extent feasible. The Stormwater

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Control Plan must, at a minimum, include the following required criteria specified via written notes on the Plan:

i. All work must take place during daylight hours. Lighting of the beach and water area is prohibited.

ii. All construction materials and equipment placed on the land during daylight construction hours must be stored beyond the reach of tidal waters. The only exceptions would be for erosion and sediment controls as necessary to contain runoff and/or sediments at the construction site, where such controls are placed as close to work area as possible, and minimized in their extent.

iii. Construction (including but not limited to construction activities, and materials and/or equipment storage) is prohibited outside of the defined construction, staging, and storage areas.

iv. Equipment washing and/or servicing must not take place on the beach or pier.

v. All materials shall be properly stored and contained so that these products will not spill or otherwise enter the coastal environment.

vi. Equipment washing and/or servicing must not take place over the water.

vii. The Permittee must maintain good construction site housekeeping controls and procedures (e.g., clean up all leaks, drips, and other spills immediately; keep materials covered and out of the rain (including covering exposed piles of soil and wastes); dispose of all wastes properly, place trash receptacles on site for that purpose, and cover open trash receptacles during wet weather; and remove all construction debris from the site).

5. All construction must be undertaken in accordance with the design plans submitted with the Application.

6. To avoid the leaching of copper and other chemicals toxic to fish into the water column and sediment, only piles consisting of inert materials shall be installed. These materials may include steel, concrete, untreated wood, composite, reinforced plastic or polyethylene-coated treated wood. Platform and gangway decking shall consist of steel, concrete, plastic or untreated wood, coated with a non-slip marine decking paint. If structurally feasible, frame materials supporting the docks and piers shall be constructed from alternatives to chemically treated timber. If treated wood is used, it shall be painted with a double coating of a durable, non-copper-based marine paint specifically designed for the wear and weather of outdoor marine environments.

Monitoring and Reporting Requirements

The Applicant 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 one subsequent rainy season to ensure that the project is not causing excessive erosion, stream instability, or other water quality problems. If the project does cause water quality

- 8 of 10 -problems, contact the Central Coast Water Board staff member overseeing the project. You will be responsible for obtaining any additional permits necessary for implementing plans for restoration to prevent further water quality problems.

2. Provide a compensatory mitigation plan for Scorpion Canyon Cross-over Road removal and restoration for Central Coast Water Board staff approval. The compensatory mitigation plan shall include a description of plans for road removal, grading, vegetation planting and seeding, success criteria, and monitoring for five years. If success criteria are not achieved within five years, continue annual monitoring and maintenance until success criteria are achieved.

Compensatory mitigation monitoring shall include assessment of percent cover, general health and stature, signs of reproduction, progress towards achieving success criteria, and any other measures identified in the compensatory mitigation plan.

The Applicant shall provide the following reporting to RB3_401Reporting@waterboards.ca.gov:

1. 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.

2. Discharge, Construction, and Mitigation Installation Completion Notification - Within seven days of completing all project discharge, construction, and mitigation installation activities, submit notification to the Central Coast Water Board of project discharge, construction, and mitigation installation completion.

3. Compensatory Mitigation and Monitoring Completion Notification – Within seven days of Applicant verification of achievement of all compensatory mitigation success criteria and completion of all monitoring, submit notification to the Central Coast Water Board demonstrating compensatory mitigation success criteria achievement and monitoring completion. Include identification of the date when the final Annual Project Status Report will be submitted. [Note: Submittal of Compensatory Mitigation and Monitoring Completion Notification does not terminate this Certification or its requirements.]

4. Annual Project Status Report – The Applicant 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 or not. The Applicant shall submit Annual Project Status Reports until the Applicant has conducted all required monitoring and mitigation has achieved all success criteria. The final Annual Project Status Report is due on or before the May 31 following the achievement of all mitigation success criteria. Each Annual Project Status Report shall include at a minimum:

a. The status of the project: construction not started, construction started, or construction complete.

b. The date of construction initiation, if applicable.

c. The date of construction completion, if applicable.

mailto:RB3_401Reporting@waterboards.ca.gov

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d. If project construction is complete:

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

ii. Identification of when site personnel trainings occurred, description of the topics covered during trainings, and confirmation that every person that engaged in construction activities or their oversight at the project site was trained.

iii. 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.

6. 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 of initiation of mitigation installation and date mitigation installation was completed;

ii. If mitigation installation was completed, confirmation mitigation was installed according to the requirements of this Certification and as described in the application, the approved compensatory mitigation plan, and any other associated submittals;

iii. Analysis of monitoring data collected in the field;

iv. Quantification of percent cover, general health and stature, signs of reproduction, 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 approved compensatory mitigation plan; and

viii. Annual photo-documentation representative of all mitigation areas, taken from vantage points from which Central Coast Water Board staff can identify changes in size and cover of plants. 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

- 10 of 10 -certifies that mitigation is complete and 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 Report shall identify corrective measures to be undertaken, including extension of the monitoring period until the criteria are met.

1. The Applicant must implement Best Management Practices (BMPs) to prevent and control spill risks. The Applicant must minimize the source of risks and thereby reduce overall spill and pollution risks on the Project.