Attachment_A_Final_R2_PaloAltoGolfCourse_Cert_802332_-_6-16.pdf

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June 22, 2016 Site No. 02-01-C0698 (bkw) CIWQS Place No. 802332 CIWQS Reg. Meas. ID No. 394458 Corps File No. 2013-00109S

City of Palo Alto 250 Hamilton Avenue, 6th Floor Palo Alto, CA 94301

Attn: Joe Teresi (joe.teresi@cityofpaloalto.org)

Subject: Water Quality Certification for the City of Palo Alto Municipal Golf Course Reconfiguration Project in the City of Palo Alto, Santa Clara County

Dear Mr. Teresi:

San Francisco Bay Regional Water Quality Control Board (Water Board) staff have reviewed the application materials submitted by ICF International (the Applicant’s authorized agent) on behalf of the City of Palo Alto (the City or Applicant) and initially received by the Water Board on December 24, 2013, for the project to reconfigure the Palo Alto Municipal Golf Course (Project). The City has applied to the U.S. Army Corps of Engineers (Corps) for authorization of the Project under a Clean Water Act (CWA) section 404 individual permit (Corps File No. 2013-00109S). The City applied to the Water Board for CWA section 401 water quality certification (Certification) that the Project will not violate State water quality standards.

Project Description. The following description is summarized from the application and supplemental materials received on December 24, 2013, and February 27 and April 7, 2014, and additional materials received by the Water Board in June 2016. The Project purpose is to reconfigure the golf course in concurrence with the San Francisquito Creek Joint Power Authority’s (SFCJPA) Flood Reduction, Ecosystem Restoration, and Recreation Project, which permanently incorporates 7.4 acres of the golf course into SFCJPA's project.

Project Location. The golf course is located on a 169.8-acre site at 1875 Embarcadero Road in the northern part of Palo Alto. The Project site is situated east of U.S. Highway 101 and is bounded by San Francisquito Creek and the Faber Tract to the north and west, the Palo Alto Airport of Santa Clara County (Palo Alto Airport) to the east, and Embarcadero Road to the south. The Project location is shown on Figures 1 and 2 in Attachment A.

Project Site. The Project site is located within U.S. Geological Survey Hydrologic Map Unit Number 180500041001 (SF Bay Estuaries). The golf course was designed to be hydrologically separated by levees from the abutting Bay and San Francisquito Creek. Wetlands and other waters within the Project mailto:joe.teresi@cityofpaloalto.org

City of Palo Alto - 2 - Palo Alto Golf Course Reconfiguration Project Certification CIWQS Place ID 802332 (bkw) site occur in the form of non-tidal brackish marsh, freshwater marsh, tidal salt marsh, and a freshwater pond. An acreage summary of the wetlands and other waters is presented in Table 1. Figure 4 in Attachment A depicts the locations and boundaries of these features within the Project site.

Table 1. Summary of Waters of the State at the Project Site

Wetland/Water Type Feature(s) on Figure 4 Total Acreage

Non-Tidal Seasonal Salt Marsh NTBM-1 to NBTM-23 5.819

Freshwater Marsh FM-1 and FM-2 0.324

Tidal Salt Marsh TSM-1 to TSM-6 1.569

Freshwater Pond FP-1 1.127

Total Waters of the State 8.858

Non-tidal Brackish Marsh. Non-tidal brackish marshes (NTBM-1 to NTBM-23 on Figure 4 in Att. A) are located in areas on the landward side of the levees along San Francisquito Creek and between fairways within the golf course. The areas appear to have been tidal salt marsh before levees were constructed in the area and appear to not have received significant amounts of fill material as part of levee and golf course construction. The non-tidal brackish marsh community is vegetated with saltgrass (Distichlis spicata) (FACW), pickleweed (Salicornia depressa [=S. virginica]) (OBL), alkali heath (Frankenia salina) (FACW), Mediterranean barley (Hordeum marinum ssp. gussoneanum) (FAC), and other hydrophytes. The non-tidal brackish marshes appear to be supported primarily by incidental precipitation and groundwater infiltration. However, the marshes that occur within or adjoining the golf course are expected to receive some water from turf sprinkler systems.

Freshwater Marsh. Freshwater marsh (FM-1 and FM-2 on Figure 4) is located along the shore of a freshwater pond within the golf course and is dominated by cattail (Typha sp.) and hardstem bulrush (Schoenoplectus acutus). The freshwater marsh appears to be supported by water piped into the associated freshwater pond and, to a lesser degree, groundwater. The pond is visible in a historic aerial photograph taken on September 25, 1948, and was part of a larger wetland feature.

Tidal Salt Marsh. Tidal salt marshes (TSM-1 to TSM-6 on Figure 4) are located along San Francisquito Creek and are supported primarily by tidal exchange. They are vegetated with Pacific cordgrass (Spartina foliosa) (OBL) [at approximately mean high water (MHW) and below], pickleweed (OBL) [both at approximately MHW to mean higher high water (MHHW)], and perennial peppergrass (Lepidium latifolium) (FACW), gumplant (Grindelia stricta) (FACW), and alkali heath (FACW) (all at approximately MHHW).

Project Elements. The Project will reconfigure the entire golf course to an 18-hole, par 71, PGA-regulation course. Figure 3, Proposed Golf Course Reconfiguration, in Attachemnt A shows the layout of the reconfigured golf course. Approximately 10.5 acres of the existing golf course will be incorporated into a future expansion of the adjacent Baylands Athletic Center, and 7.4 acres of the golf course will be incorporated into SFCJPA’s project. The reconfigured golf course will cover an area of about 156 acres. The existing driving range will be expanded to the north by approximately 8,000 square feet to accommodate approximately six new driving stations or “bays.” The Project will include new, 6.5-foot-wide concrete golf cart paths, concrete footpaths at the practice putting green area, and

City of Palo Alto - 3 - Palo Alto Golf Course Reconfiguration Project compacted gravel maintenance path connections between the concrete cart paths. The reconfiguration will convert 66 acres that are currently occupied by irrigated turf to naturalized areas.

Stormwater Quality Management. The existing stormwater drainage system that was installed in 1998 will be retained. Runoff will continue to flow through turf and native grassland areas and be collected in storm drain inlets scattered throughout the golf course. The inlets are connected to a network of storm drain pipelines that collect runoff and convey it to a storm water pump station that pumps the runoff to an earthen ditch running along the boundary between the golf course and the Palo Alto Airport. The ditch flows to a regional stormwater pump station on the Airport apron that discharges directly into a slough that flows into San Francisco Bay.

Impervious areas on the reconfigured golf course will consist of: a 300-square-foot restroom building;

about 214,000 square feet of Portland cement concrete cart paths that will replace existing paths; and 14,200 square feet of compacted base rock maintenance roads that will replace existing service roads.

Over a site footprint of about 156 acres, the construction of new hardscape results in a reconfigured golf course that is approximately 3 percent impervious (33:1 pervious/impervious ratio).

The cart paths and maintenance roads are considered “self-retaining” areas, since the runoff from these impervious surfaces is treated by flowing across a pervious vegetated area that filters, slows, and infiltrates the runoff before it enters the underground storm drain system. In accordance with Section

4.2 of the C.3 Stormwater Handbook published by the Santa Clara Valley Urban Runoff Pollution Prevention Program, a “self-retaining” impervious area must flow into a pervious area that is at least twice as large as the contributing impervious area in order to provide adequate stormwater treatment.

Since the ratio of pervious/impervious area on the reconfigured golf course is a 33:1, there is sufficient pervious area to slow and filter runoff from the cart paths and maintenance roads.

Impacts: Impacts to wetlands that will occur as the result of the Project consist of:

• Permanent impacts to wetlands that will be modified for cart path construction, fairway construction, turf installation, and native grass planting, and

• Temporary impacts that involve removal of invasive vegetation from existing wetlands, which will then be enhanced with native wetland vegetation.

Table 2. Project Impacts on Waters of the United States by Activity Type

Impact

Temporary Permanent

Acres Square Feet Acres Square Feet

Excavation/Fill in Wetlands

0.29 12,632 1.36 59,242

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Table 3. Summary Total Impact Areas of Waters of the United States by Wetland ID

Wetland ID Existing Area (acre) Total Permanent Impact Area (acre)

Total Temporary Impact Area (acre)

NTBM-3 0.08 0.03 0.013

NTBM-4 0.88 0.77 0.125

NTBM-5 0.07 0.07 -

NTBM-6 0.04 0.003 0.021

NTBM-8 0.03 - -

NTBM-9 0.07 0.02 0.015

NTBM-10 0.24 0.24 -

NTBM-11 0.1 0.1 -

NTBM-13 0.06 - 0.003

NTBM-14 0.02 - -

NTBM-15 0.12 - 0.005

NTBM-16 0.14 0.05 0.011

NTBM-17 0.13 0.006 0.011

NTBM-18 0.05 0.02 0.016

NTBM-20 0.83 - -

NTBM-21 0.07 0.04 0.03

NTBM-22 0.01 0.01 -

Project Total 2.94 1.36 0.24a

Notes:

NTBM=Non-Tidal Brackish Marsh a: The difference between temporary impact totals in Tables 2 and 3 is due to rounding differences and recent changes to the wetlands affected by the adjacent SFCJPA project.

Mitigation. Mitigation for Project impacts to waters of the State consists of wetland expansion and enhancement and is described in detail in the Palo Alto Municipal Golf Course Reconfiguration Project Mitigation and Monitoring Plan (MMP) (ICF International, June 14 2016) and summarized below. The compensatory wetland mitigation quantities that will be created at the Project site are shown in Table 4. Of the 8.03 acres of wetlands that the Applicant proposes to expand and the 0.42 acres that the Applicant proposes to enhance, 4 acres of expansion and 0.20 acres of enhancement are required to compensate for the Project’s impacts to waters of the State. Additional acres of expanded or enhanced wetlands may be used to provide for any additional mitigation required by Condition 33.

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Table 4. Compensatory Wetland Mitigation Quantities

Mitigation Type Amount (acres)

Expansion 8.03

Enhancement 0.42

Total 8.45 Note: 4 acres of expansion and 0.20 acres of enhancement are required to compensate for the Project’s impacts

Wetland expansion will consist of excavating areas of upland fill from elevated terrain surrounding existing wetlands by about 2 feet to match adjacent wetland elevations and extended up to about 125 feet (See Figures 5 and 6 in Att. A). Wetland enhancement will involve rehabilitating areas of existing brackish marsh by removing invasive species and seeding with native species. Wetland plant species will be established via plugs or hydroseeding in the expanded and enhanced wetlands, and native dryland species will be installed along wetland borders.

Mitigation wetlands will be hydroseeded or plugged with eight brackish marsh plant species: Brown- Headed Rush (Juncus phaeocephalus), Slough Sedge (Carex obnupta), Alkali Barley (Hordeum depressum), Clustered Field Sedge (Carex praegracilis), Salt Rush (Juncus lescurii), Meadow Barley (Hordeum brachyantherum), Marsh Sunflower (Centromadia pungens maritima or pungens), and Creeping Wildrye (Elymus triticoides) (Table 5). The top 4 inches of suitable topsoil from existing wetlands proposed to be filled will be stripped and stockpiled for reapplication after grading is complete, in order to salvage the existing seed bank; therefore, existing marsh plant species such as Pickleweed and Saltgrass are expected to revegetate naturally.

A combination of plugging and hydroseeding of plant materials will be conducted as described below within the mitigation wetland areas. Plugs of the available plant species will be planted at a rate of 10,890 plants per acre (dee pot size plants at roughly 24-inch spacing) at a ratio listed in the wetland planting palette table below (Table 5). Areas between plugs in these areas will be disked with harvested topsoils from disturbed wetlands to form a mulch bed in and around plug plantings.

Hydroseeding will not overlap plugging areas because of the waste associated with seeds that hang up on the plugged plants. Plug areas shall be those areas that form the outer 30 feet of all enhancement areas and expansion areas. This perimeter represents the slopes of the enhanced and added wetland areas where plugs will be most advantageous and have the most suitable soils for plug-type planting.

Hydroseeding per the rates listed below (Table 5) shall be applied to all other areas to be enhanced and expanded. Hydroseeding per the specified rates shall be applied to areas requiring vegetation augmentation in areas to be preserved.

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Table 5. Wetland Planting Palette

Species Name Common Name Rate (lbs./acre) Plant Spacing Propagule

Juncus phaeocephalus Brown-Headed Rush 5 - live seed

Carex obnupta Slough Sedge 3 - live seed

Hordeum depressum Alkali Barley 5 - live seed

Carex praegracilis Clustered Field Sedge - 24 inches plantlet1

Juncus lescurii Salt Rush - 24 inches plantlet

Hordeum brachyantherum Meadow Barley 5 24 inches plantlet;

live seed

Centromadia pungens maritima (or pungens) Marsh Sunflower 4 - live seed

Elymus triticoides Creeping Wildrye 24 inches plantlet

Total (no./density) 22 10,890 / ac2

1 Plantlets may be as deepots # 16-50

2 Planting density per combined species

The City will be responsible for maintaining the planting area for the life of the monitoring effort (i.e., 5 years) to ensure that the plantings become established and performance criteria are met. The plant establishment period (PEP) will occur during the first 3 years following completion of construction activities. Maintenance activities during the PEP, at a minimum, will include plant watering, weed control, removal of debris, and removal of non-native invasive species if they affect the viability of the plantings. Long-term maintenance activities following the 5-year monitoring period will be the responsibility of the Palo Alto Golf Course staff and maintenance contractor.

Weed control will be provided on an as needed basis to reduce competition with the plantings during the initial 5-year monitoring period. Weed control will include the control of invasive plants, defined as “high” or “moderate” threat level in the California Invasive Plant Council’s Invasive Plant Inventory (Cal-IPC). Weed control may include hand-pulling, string-trimming, or herbicide treatments. Only herbicides that are approved for use in or near aquatic environments will be used. Any litter found in mitigation wetlands shall be removed during each monitoring visit and disposed of offsite.

Successful establishment of wetland vegetation will be based on: health and vigor of native, hydrophytic wetland species; absolute percent cover of both native, hydrophytic and invasive species;

and native plant species richness (Table 6). Successful establishment of sufficient acreage of expanded and enhanced wetlands, as specified in Table 4, will be assessed on the basis of a confirmed wetland delineation in the fifth year of monitoring.

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Table 6. Performance Criteria for Wetlands

Absolute cover (native/invasive) Heath and Vigor Species Richness

Year 1 Target

>30% native hydrophytic plant cover/<30% invasive plant cover

>50% in Good or Fair condition

At least 2 native wetland plant species

Year 2 Target

>40% native hydrophytic plant cover/<25% invasive plant cover

>70% in Good or Fair condition

At least 2 native wetland plant species

Year 3 Target

>50% native hydrophytic plant cover/<25% invasive plant cover

>75% in Good or Fair condition

At least 3 native wetland plant species

Year 4 Target

>60% native hydrophytic plant cover/<20% invasive plant cover

>80% in Good or Fair condition

At least 4 native wetland plant species

Year 5 Target

>70% native hydrophytic plant cover/<15% invasive plant cover

>90% in Good or Fair condition

At least 5 native wetland plant species

Native wetland vegetation will be evaluated based on the dominance of species that are hydrophytic.

Absolute Cover. The line transect survey method will be used to determine absolute cover of native, hydrophytic species and invasive species. Absolute cover provided by seeded and naturally-recruited wetland plant species for each area will be monitored using randomly selected 1-square-meter quadrats placed along permanent 100-meter-long transects. If wetland dimensions do not accommodate a 100-meter transect, the transect length and/or quantity will be shortened to the dimensions of the wetland.

Figure 7 illustrates a trend line based on plot samples from a hypothetical data collection. Transect monitoring will identify the dominant species and note any changes in the dominant species over the length of each transect. Transect monitoring will be conducted and tracked in each wetland. This Performance Criterion will be considered attained if the mean absolute cover per square meter in the expanded wetlands and the mean absolute cover per square meter in enhanced wetlands meets or exceeds that year’s target.

Absolute cover of all plant species, including invasives, will be determined by sampling randomly placed 1-square-meter plots along the transects established through each rehabilitation area. Plot sampling will be conducted using a stratified random design. Transects will be stratified by dividing them into 10 equal-sized subtransects. One 1-square-meter sample plot will be placed at random in each subtransect, for a total of 10 plots per transect. Within each plot, absolute cover will be estimated for every plant species. To determine whether the number of plots from each transect is sufficient to allow statistical analysis, the data will be subjected to a trend line analysis. An estimate of the necessary number of plots can be determined by graphing data for percent cover vs. number of plots.

An acceptable number of plots corresponds to the point at which the trend line becomes flat. The trend line will be considered flat if the difference between the means for 9 plots and 10 plots is equal to or less than 1% of the mean for 10 plots. If the trend line is not flat, five more plots will be randomly sampled. The cumulative means for the additional five plots will be graphed, and again the trend line examined. If the trend line for mean cover has flattened, sampling for that transect will be considered complete. If the trend line has still not flattened, five more plots will be randomly sampled, and sampling for that transect will be considered complete.

Performance Criteria. Heath and Vigor. Health and vigor will be monitored concurrently with absolute cover in the 1-square-meter quadrats. The condition (vigor) of vegetation will be evaluated on the basis of internode length, leaf color, and leaf size, as well as the presence of browse damage, disease symptoms, and insect infestation, using the following qualifiers. The mean and standard error

City of Palo Alto - 8 - Palo Alto Golf Course Reconfiguration Project of total, native, and invasive health and vigor per square meter will be calculated for each wetland, but the performance criteria will be evaluated at the landscape level.

Good Condition – Plant has relatively long internode lengths and most or all leaves show healthy color and size, and/or <25% of plant’s aboveground growth is affected by browse damage, boron toxicity, disease, or insect infestation.

Fair Condition – Plant has medium to long internode lengths and most leaves show healthy color and size, and/or 25–75% of plant’s aboveground growth is affected by browse damage, boron toxicity, disease, or insect infestation.

Poor Condition – Plant has short internode lengths and few or some leaves show healthy color and size, and/or >75% of plant’s aboveground growth is affected by browse damage, boron toxicity, disease, or insect infestation.

Performance Criteria. Species Richness. Species richness will be monitored concurrently with absolute cover. All plants will be identified to the species level. The mean and standard error of total, native, and invasive species richness per square meter will be calculated for each wetland, but the performance criteria will evaluated at the landscape level.

Natural Recruitment. Natural recruitment will be recorded each monitoring year on the basis of recruit density and frequency for all species along defined monitoring transects. Recruit densities will be compared among years; however, no specific performance standard is required for natural recruitment. Native wetland recruits may be counted towards the performance criteria listed in Table 6.

Hydrologic Monitoring. Hydrologic monitoring in the enhanced and expanded wetlands during the 5-year monitoring period will include regular site visits throughout the storm season. Following the first storm of the season, wetlands will be monitored bi-weekly until the end of the storm season or until four sequential visits detect no ponded water or saturated soils. Hydrologic monitoring will document the extent, depth, and duration of ponding, using a staff gage installed in the deepest portion of each wetland. If ponding is absent, soil saturation will be assessed.

The hydrologic function of expanded, and enhanced wetlands will be considered satisfactory if ponding occurs and persists following rainfall events, such that site soils remain inundated and/or saturated for at least 12.5% of the growing season, vegetation success criteria are met, and a confirmed wetland delineation in year 5 shows that the acreage requirements in Table 4 have been attained. If the wetlands fail to meet these criteria, the City will work with the Water Board to identify and implement remedial actions.

Salinity. Water and soil salinity in the enhanced and expanded wetlands will be tracked in concurrence with hydrologic monitoring. Following the first storm of the season, wetlands will be monitored bi-weekly until the end of the storm season or until four sequential visits detect no ponded water or saturated soils. Soil salinity will be tracked with a soluble salts tester, and water salinity will be tracked with a conductivity meter; both devices track the electrical conductivity in a solution. This is accomplished by measuring the current being conducted by the charged particles in a salty solution through a wire. The readings will indicate the level of dissolved salts in the solution. The higher the electrical conductivity reading is, the more salt that is in the solution. The extent of salt tolerant plants in the enhanced and expanded wetlands will be extrapolated from the data collected in the biological performance criteria and documented in the annual report.

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Pasplum Monitoring. Golf course planting has been designed such that there will be, at a minimum, a 10-foot border of native grass (non-Paspalum) that is a buffer between all areas planted with TE Paspalum and any existing, enhanced, or newly-established wetland area on the site. This planting strategy should further preclude the potential for any migration of TE Paspalum turf grass into the wetland area. The City will implement a U.S. Fish and Wildlife Service (Service) approved five-year semi-annual monitoring plan to verify that the TE Paspalum turf grass does not invade adjacent preservation or mitigation (created or enhanced) wetlands. The City will provide annual reports of the TE Paspalum turf grass monitoring to the Service. Should it be evident that the TE Paspalum turf grass is encroaching into adjacent wetland areas, a maintenance protocol subject to Service approval will be enacted by the City to eradicate immediately through removal any TE Paspalum turf grass that has encroached beyond its original planted limits, and the City will enact measures to prevent further invasion of wetlands from occurring. In the unlikely event that the TE Paspalum turf grass is determined to invade adjacent wetland areas, the Corps will reinitiate consultation under the federal Endangered Species Act. The City will fully cooperate with the Water Board, the Corps, and the Service to eradicate and contain any Paspalum turf grass found to be migrating beyond its original boundaries during the required monitoring period.

EcoAtlas: It has been determined through regional, State, and national studies that tracking of mitigation/restoration projects must be improved to better assess the performance of these projects, following monitoring periods that last several years. In addition, to effectively carry out the State’s Wetlands Conservation Policy of no net loss to wetlands, the State needs to closely track both wetland losses and mitigation/restoration project success. Therefore, we require that the Applicant use the California Wetlands Form to provide Project information related to impacts and mitigation/restoration measures (see Condition 34). An electronic copy of the form and instructions can be downloaded at:

http://www.waterboards.ca.gov/sanfranciscobay/certs.shtml. Project information concerning impacts and mitigation/restoration will be made available at the web link:

http://www.ecoatlas.org/regions/ecoregion/bay-delta/projects.

CEQA Compliance. The California Environmental Quality Act (CEQA) requires all discretionary projects approved by public agencies to be reviewed in compliance with CEQA. The City, acting as the CEQA lead agency, prepared the Environmental Impact Report for the Palo Alto Golf Course Reconfiguration and Baylands Athletic Center Expansion Project (State Clearinghouse No.

2013012053). A Notice of Determination for the Environmental Impact Report was filed by the City with the Santa Clara County Clerk on February 6, 2014. The Water Board is a responsible agency under CEQA. The Water Board has considered the environmental documentation and found that significant impacts to waters of the State identified therein have been mitigated to less than significant levels with the mitigation measures incorporated in this Certification.

http://www.waterboards.ca.gov/sanfranciscobay/certs.shtml http://www.ecoatlas.org/regions/ecoregion/bay-delta/projects

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Certification and General Waste Discharge Requirements I hereby issue an order certifying that any discharge from the referenced Project will 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 federal Clean Water Act, and with other applicable requirements of State law. This discharge is also regulated under State Water Resources Control Board Order No. 2003-0017-DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification," which requires compliance with all conditions of this Certification. The following conditions are associated with this Certification:

1. No debris, rubbish, creosote-treated wood, soil, silt, sand, cement, concrete, or washings thereof, or other construction related materials or wastes, oil or petroleum products or other organic or earthen material shall be allowed to enter into, or be placed where it may be washed by rainfall or runoff into waters of the State. Any of these materials placed within or where they may enter waters of the State by the Applicant or any party working under contract, or with the permission of the Applicant shall be removed immediately. When construction is completed, any excess material shall be removed from the work area and any areas adjacent to the work area where such material may be washed into waters of the State. During construction, the contractor shall not dump any litter or construction debris within wetlands or the riparian/stream zone. All such debris and waste shall be picked up daily and properly disposed of at an appropriate site;

2. The Applicant shall adhere to the terms of the CWA section 404 individual permit issued by the Corps (Corps File No. 2013-00109S);

3. No equipment shall be operated in areas of flowing or standing water; no fueling, cleaning, or maintenance of vehicles or equipment shall take place within any areas where an accidental discharge to waters of the State may occur; and construction materials and heavy equipment must be stored outside of the creek channel;

4. Prior to the start of the rainy season, the Applicant shall ensure that disturbed areas of waters of the State and disturbed areas that drain to waters of the State are protected with correctly installed erosion control measures (e.g., jute, straw, coconut fiber erosion control fabric, coir logs), and/or revegetated with propagules (seeds, cuttings, divisions) of locally-collected native plants. Erosion control textiles that include plastic monofilament netting are prohibited from use at the Project site or at the mitigation sites;

5. Where areas of bare soil are exposed during the rainy season, silt control measures shall be used where silt and/or earthen fill threaten to enter waters of the State. Silt control structures shall be monitored for effectiveness and shall be repaired or replaced as needed. Buildup of soil behind silt fences shall be removed promptly and any breaches or undermined areas repaired at once;

6. Concrete used in the Project shall be allowed to completely cure (a minimum of 28 days) or be treated with a sealant that is non-toxic to aquatic life before it comes into contact with flowing water (Note: demonstration of non-toxicity to aquatic life may be evaluated by measuring survival of test organisms in a 96-hour bioassay. The bioassay should be performed according to the most up-to-date protocols in 40 CFR part 136, currently Methods for Measuring the Acute Toxicity of Effluents and Receiving Water to Freshwater and Marine Organisms, 5 th Edition (EPA-821-R-02-

012), including sample collection, handling, and preservation in accordance with U.S. EPA

City of Palo Alto - 11 - Palo Alto Golf Course Reconfiguration Project protocols). Only sealants that have been tested and found non-toxic to freshwater aquatic life, including benthic macro-invertebrates, maybe used on concrete surfaces that may come into contact with flowing water. Concrete will be considered to be cured when water poured over the surface of concrete consistently has a pH of less than 8.5;

7. Groundwater or accumulated stormwater removed during dewatering of excavations shall not be discharged directly to waters of the State without meeting the following conditions: any groundwater or accumulated stormwater released to waters of the State shall not exceed 110 percent of the ambient turbidity of the receiving water if receiving water turbidity is greater than 50 NTU, or 5 NTU above ambient turbidity if the ambient turbidity is less than or equal to 50 NTU; any groundwater discharged to waters of the State shall have a pH in the range of 6.5 to 8.5;

8. If groundwater or accumulated stormwater is discharged from the Project site, the Applicant shall monitor the turbidity of the discharged water once every 15 minutes during the startup phase of any turbidity reduction equipment and at two-hour intervals after the discharged turbidity achieves steady state levels that are in compliance with Condition 7. The pH of discharged water shall be measured daily. All required monitoring measurements shall be recorded, along with a daily estimate of the flow rate and volume of water discharged, and submitted to the Water Board within 7 days of the end of any month in which groundwater or accumulated stormwater is discharged from the Project site;

9. The Project shall be constructed in conformance with the Project description in the body of this Certification and in conformance with the figures included in Attachment A to this Certification.

Impacts to waters of the State shall not exceed the quantities summarized in Table 2 in the body of this Certification. Any changes to these plans that may impact waters of the State must be submitted to the Water Board’s Executive Officer for review and approval before they are implemented;

10. At the end of each work day, an escape ramp shall be constructed at each end of any open trench to allow any animals that may have become entrapped in the trench to climb out overnight. The ramp may be constructed of either dirt fill or wood planking or other suitable material that is placed at an angle no greater than 30 degrees. Alternatively, open trenches may be covered with plywood, or similar suitable material, with the sides of the cover buried in sufficient dirt to block any gaps along the edges of the cover;

11. Any wildlife encountered during the course of construction shall be allowed to leave the construction area unharmed;

12. Landscape or erosion control materials containing plastic monofilament netting are prohibited from use at the Project site or the mitigation sites;

13. All food and food-related trash items shall be removed completely from the Project site at the end of each day;

14. A restoration ecologist or biologist shall monitor the timing and extent of Project impacts to wetland habitats with sufficient frequency to determine whether impacts are consistent with those authorized in this Certification;

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15. Within 30 days of the first Project-related disturbance of waters of the State, the Applicant shall provide the Executive Officer with written notification that the Project has disturbed waters of the State;

16. Within 30 days of completing construction of all Project elements with direct impacts to waters of the State, the Applicant shall provide the Executive Officer with a Project Completion Report that includes: (a) the Project name; (b) the CIWQS Place ID listed at the top of this Certification; and

(c) the date Project impacts to waters of the State at the Project site were completed;

17. The Applicant shall implement the mitigation measures presented in the Palo Alto Municipal Golf Course Reconfiguration Project Mitigation and Monitoring Plan (MMP) (ICF International, June 14, 2016), including, but not limited to, site preparation, earthwork, removal of invasive species, planting via plugs and hydroseed, maintenance, monitoring, and reporting for the mitigation wetland. Implementation of the MMP shall be consistent with the description of the mitigation activities described in the body of this Certification, Tables 4 and 5 in the body of this Certification, and Figures 5 and 6 in Attachment A to this Certification. Any changes to these mitigation plans must be submitted to the Executive Officer for review and may not be implemented without the Executive Officer’s approval;

18. Mitigation wetlands shall be constructed and planted during the same year that the Project first impacts waters of the State;

19. For the mitigation wetlands, propagules for plugs shall be derived from as close to the mitigation site as feasible in sites with similar soils and elevations. Propagule sources shall be documented in the as-built report(s) for the wetland mitigation sites (See Condition 23);

20. The Applicant shall fund all of the costs associated with fully implementing the MMP, including the activities summarized in the body of this Certification and in Chapters 5 and 6 of the MMP;

21. The Applicant shall fund all of the costs associated with planning, implementation, and performance monitoring of any contingency procedures that may be required to achieve the Year 5 Performance Criteria in Chapter 5 of the MMP and Table 6 in the body of this Certification;

22. A minimum of ten permanent photo-documentation points shall be established to document the mitigation wetlands. Photographs shall also be taken to record any event(s) with the potential to significantly affect the success of the mitigation, including flooding, fire, and general vandalism.

Before and after construction photographs shall be included in the as-built reports for the mitigation wetlands (see Condition 23);

23. The Applicant shall submit an as-built report documenting any significant deviations between the extent of Project impacts to wetland habitats, any significant deviations between the constructed condition of the wetland mitigation sites and the conceptual designs presented in Figures 5 and 6 in Attachment A to this Certification, or the planting palettes in Table 5 in the body of this Certification. Deviations that are to be documented include, but are not limited to, changes in the area of wetland impacts, site configuration, mitigation wetland surface areas, and plant species palette. Propagule sources and seed sources for mitigation plantings shall be documented in the as-built report. Future analysis of the mitigation sites will be based on this report. The as-built report shall be submitted to the Water Board within three months of the completion of construction of the mitigation wetlands. The as-built report shall include photo-documentation of the constructed

City of Palo Alto - 13 - Palo Alto Golf Course Reconfiguration Project condition of the mitigation features from the photo-documentation points established for compliance with Condition 22;

24. The mitigation sites shall be monitored and maintained as described in Sections 5 and 6 of the MMP, for at least 5 years, until the year 5 performance criteria in Table 6 and the required acreage of mitigation wetlands in Table 4 are attained;

25. During the first year after planting, irrigation shall be applied weekly during the dry season. In the second and third years following planting, irrigation shall be applied bimonthly or as needed based on the success of plantings. The typical irrigation season will extend from April 1 to October 31;

however, the irrigation schedule and application rates may be adjusted by the revegetation contractor, depending on annual rainfall patterns;

26. Invasive, non-native plant species with a “moderate” or higher ecosystem impact rating by the Cal- IPC shall be actively monitored and controlled within the wetland mitigation sites. The average percent cover of invasive plant species in the mitigation wetlands shall be maintained at less than the percent cover specified in Table 6 in the body of this Certification throughout the initial 5 years of the monitoring period. Control of invasive weeds may consist of a combination of mechanical removal (e.g., mowing, hand-pulling) and herbicide treatment. Any herbicide application shall be with chemicals approved for use within close proximity to wetlands;

27. Control of invasive vegetation shall be undertaken in a manner that minimizes disturbance to desirable native species and to bird and wildlife use in the wetland mitigation sites. Any mitigation plantings damaged during weed control maintenance activities shall be replaced in kind, within one year of plant damage at a 1:1 ratio. Replacement plantings shall be as similar in size to the damaged plant as possible. Control of invasive plants and any replacement plantings shall be described in the annual reports (see Condition 31). Native plant species that naturally establish in the mitigation wetlands shall be identified and avoided during weed control activities;

28. The survivorship of wetland mitigation plantings shall be determined by line transect surveys, as described in the body of this Certification and Chapter 5 of the MMP. The percent survival of all planted wetland species shall be compared to the performance standards in Table 6 in the body of this Certification. If percent survival of vegetation falls below the performance standard for a given monitoring year, dead plants shall be replaced with the same species within 12 months of survival data collection, to bring the number of plants back to the initial planting requirement. Replacement shall include planting a sufficient number of plants or seedlings such that the total number of living plants meets or exceeds the performance criteria. Replacement plants shall be installed according to the original plant installation methods. If, in any year during the 5-year monitoring period, more than 20 percent of plants require replacement, the City shall extend the monitoring period to ensure that new plantings are subject to 5 years of monitoring. If the site is deemed not conducive to the survival of a particular species, then another species that exhibits vigorous growth on the site may be substituted, after receiving approval for the substitution from the Executive Officer. A summary of species and quantities replanted shall be included in the subsequent annual monitoring report (see Condition 31);

29. Monitoring of plant survival shall also include an inventory of any native wetland species that germinate onsite without artificial propagation (i.e., volunteer plants). The number and species of

City of Palo Alto - 14 - Palo Alto Golf Course Reconfiguration Project these volunteer plants shall be reported in the annual monitoring reports (see Condition 31) and may be counted towards the performance criteria listed in Table 6;

30. An experienced restoration ecologist or biologist who is familiar with the Project design and goals shall be onsite during each phase of the Project. If interim performance criteria are not achieved during annual monitoring, the restoration ecologist shall work with the Project team and regulatory agencies if these problems require substantial action. A substantial action needing agency coordination could involve wetland slope instability, large-scale infestation by invasive, nonnative plants, a need to replant more than 20% of the site to improve species cover or diversity, or supplemental soil amendments. The team shall prepare a recommendation and gain the approval of the Executive Officer prior to implementation. Minor problems, such as trash, vandalism, isolated instances of plant mortality, or small-scale weed or pest infestations, will be rectified as they are discovered during routine site monitoring and maintenance and included in annual reporting. If the mitigation site has not met the final performance criteria in year 5, the maintenance and monitoring obligations will continue until the year 5 performance criteria are achieved or alternative contingency measures are negotiated with regulatory agencies. The failure of any significant portion of the mitigation site may result in a requirement to replace that portion of the site and/or extend the monitoring and maintenance period until all success criteria are met;

31. Monitoring reports shall be submitted to the Water Board by 31 January following each monitoring year. The monitoring reports shall comply with the requirements described in Corps Regulatory Guidance Letter 08-03, Minimum Monitoring Requirements for Compensatory Mitigation Projects Involving the Restoration, Establishment, and/or Enhancement of Aquatic Resources. Monitoring reports will not be considered complete if they do not include the Site Number at the top of this page, the CIWQS Place ID Number for the Project site, and the CIWQS Regulatory Measure ID Number for this Certification. Each monitoring report shall document the degree to which the mitigation wetlands are meeting the performance standards in the body of this Certification and the MMP, and any remedial action proposed, approved, or performed. If remedial action(s) have been completed, the monitoring report shall also evaluate the effectiveness of those actions. Any herbicide used at the wetland mitigation sites shall be inventoried and reported, including the type of herbicide, target species, frequency and duration of use, and the minimization measures used in applying the herbicide. The monitoring reports shall also include photographs taken from the ten photo-documentation points specified in Condition 22, as well as site map(s) that show the locations of the photo-documentation points in the wetland mitigation sites. The average percent cover of native wetland species (by species and for all species combined) shall be reported. The monitoring report shall also include an inventory of any native species that germinate onsite without artificial propagation (volunteer plants). Survey results for invasive species shall be summarized in the monitoring reports. The reports shall also include summaries of the hydrologic and salinity monitoring and the Paspalum TE turf monitoring. Maintenance activities conducted during the year will be described in the annual monitoring report. If replanting was necessary, the report shall include a summary of species and quantities replanted.

The final monitoring report summarizing the mitigation wetlands and evaluating their overall performance shall be prepared and submitted at the end of monitoring year 5 if performance standards have been attained. The final comprehensive monitoring report shall include summaries of the monitoring data, representative photos, and maps, and a verified wetland delineation that confirms that the required acreage of mitigation wetlands in Table 4 has been attained. If annual performance standards are not met or if the final performance standards are not met, the Applicant

City of Palo Alto - 15 - Palo Alto Golf Course Reconfiguration Project shall provide an analysis of the failure, along with any recommended remedial action(s).

Additional work shall be performed to correct the deficiency or alternative mitigation sites will be established, as appropriate. The monitoring period will be extended, as necessary, following any remedial action(s), until such time as the performance standards are met;

32. Within three months of completing construction of the mitigation wetlands, the Applicant shall execute and record a deed restriction over the wetland mitigation sites that is in a form and content acceptable to the Executive Officer that reflects the restrictions set forth in Conditions 1 through 38 of this Certification and that requires compliance with the mandatory provisions of the MMP (the text of which plan shall be recorded as an attachment to the deed restriction). The deed restriction shall include a legal description of the portions of Assessor’s Parcel Number 008-06-001 that contain the wetland mitigation sites and against which the restriction is to be recorded. The deed restriction shall run with the land, binding all successors and assigns. Acceptable text for the deed restriction is included in Attachment B to this Certification. The deed restriction shall not be removed or changed without an amendment to the certification approved by the Water Board or its Executive Officer. Impacts to waters of the State at the Project site are prohibited until the deed restriction has been recorded;

33. The Applicant is responsible for providing additional compensatory mitigation in the event that the mitigation wetlands described in the body of this Certification either: are not constructed within 12 months of the Project’s first impacts to waters of the State; fail to attain their year 5 performance standards, as presented in the MMP (including the successful creation of 4 acres of wetland expansion and 0.20 acres of wetland enhancement), or have maintenance or attainment with their performance standards compromised by the performance of activities that are prohibited by the deed restrictions over these mitigation sites; or fail to have a deed restriction executed and recorded over the mitigation sites within the time schedules required by Condition 32 of this Certification.

For any of the mitigation wetlands that fail to attain or maintain performance standards, or fail to have a deed restriction executed, the Applicant shall provide mitigation equivalent to the originally required mitigation, plus an additional 10 percent increase in the area of mitigation for each year between the initial discharge to waters of the State and the implementation of additional mitigation.

Any necessary plans for additional mitigation must receive written approval from the Executive Officer before they are implemented. However, any mitigation required by this condition must be provided within 12 months of either a failure to meet final performance standards, violations of the terms of a deed restriction, or a failure to record deed restrictions in the time required by the conditions of this certification;

34. California EcoAtlas: The Applicant is required to use the California Wetlands form to provide Project information describing impacts and restoration measures within 14 days from the date of this Certification. An electronic copy of the form can be downloaded at http://www.waterboards.ca.gov/sanfranciscobay/certs.shtml. The completed form shall be submitted electronically to habitatdata@waterboards.ca.gov or shall be submitted as a hard copy to both 1) the address on the letterhead (or to the Water Board), to the attention of EcoAtlas and, 2) to the San Francisco Estuary Institute, 4911 Central Avenue, Richmond, CA 94804, to the attention of EcoAtlas;

35. In accordance with California Water Code (Water Code) §13260, the Applicant shall file with the Water Board a report of any proposed change in the ownership or any material change in character, location, or quantity of this waste discharge. Any proposed material change requires approval by http://www.waterboards.ca.gov/sanfranciscobay/certs.shtml

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