Attachment4_RWQCB Section 401 Water Quality Certification.pdf

San Francisco Bay Regional Water Quality Control Board

Sent via electronic mail: No hard copy to follow

June 27, 2023

RM 450388

Place ID 884640

WDID# 2 CW450388

U.S. Department of Transportation Federal Aviation Administration 55 Broadway Cambridge, MA 02142 Attn.: Evan Starr c/o Hope Kingma, hope.kingma@wra-ca.com

Subject: Notice of Applicability (NOA) for Enrollment of the Military Ocean Terminal Concord Marsh Restoration Project under the Clean Water Act Section 401 General Water Quality Certification for Small Habitat Restoration Projects (File No. SB12006GN), Contra Costa County

Dear Mr. Starr:

On November 29, 2022, the U.S. Department of Transportation, Federal Aviation Administration (Applicant) provided the Water Board with a 401 water quality certification application, and subsequently a Notice of Intent (NOI) to enroll the Military Ocean Terminal Concord Marsh Restoration Project (Project) for coverage under the State’s Clean Water Act (CWA) Section 401 General Water Quality Certification for Small Habitat Restoration Projects (File No. SB12006GN). We received the full Application fee amount of $2,734 (Fee Category E – Low Impact Discharge Projects) on June 27, 2023. The Project qualifies for enrollment under the Certification. The Corps has issued a provisional authorization for the Project under NWP 27 (Aquatic Habitat Restoration, Establishment, and Enhancement Activities) pursuant to CWA section 404 (33 USC § 1344 et seq.) (Corps File No. 2021-00214S).

The Project will decommission and remove existing infrastructure and restore disturbed tidal marsh at the Federal Aviation Administration (FAA) site at the Military Ocean Terminal Concord (MOTCO). The Project is located in northern Contra Costa County within the federally controlled Concord Naval Weapons Station (CNWS) lands (lat.

38.046640, long. -122.033493). The Project is approximately 550 feet northwest of the Kinney Boulevard overpass of Waterfront Road on MOTCO. The Project area includes a 150-foot x 150-foot fenced enclosure that surrounds the FAA infrastructure, which is mailto:hope.kingma@wra-ca.com

U.S. Department of Transportation - 2 - NOA MOTCO Marsh Restoration Federal Aviation Administration RM 450388 approximately 0.63 acre plus a 10-foot buffer around the fenced enclosure, and the approximate 320-foot gravel road used to access the site. The total site area is approximately 0.7 acre.

MOTCO is a U.S. Army Military Surface Deployment and Distribution Command munitions and general cargo trans-shipment facility. The upland areas within the facility are generally categorized as developed, ruderal, and landscaped and these areas primarily consist of paved and compacted access roads, structures, or disturbed roadsides. The Project area is in the middle of an upper tidal marsh area. The center of the site supports two FAA antennae structures and a small electrical housing unit.

The site is surrounded by a large matrix of fresh and saline emergent wetland, tidal marsh, and coastal scrub. Land to the west and south is predominantly undeveloped fresh and saline emergent wetland and tidal marsh. To the north lies a mosaic of marsh, and roads and railroad infrastructure that serve the MOTCO facility. Land to the east has been entirely developed for MOTCO including a network of railroad lines and storage buildings. The adjacent Hastings Slough East marsh receives tidal flow and is dominated by saltgrass (Distichlis spicata), pickleweed (Salicornia pacifica), rushes (Juncus spp.), and spearscale (Atriplex prostrata). The elevated gravel access road has also been partially colonized by wetland and upland vegetation.

Within the Project site, emergent marsh wetlands occur uniformly in areas not covered with developed areas or salt pans. Vegetation is dominated by emergent marsh vegetation such as salt grass, pickleweed, and buck's-horn plantain (Plantago coronopus), with coastal gumweed (Grindelia stricta) and coyote bush (Baccharis pilularis) growing along the perimeter of the fencing. Other wetland species present within the area are described in the Application/NOI. The salt pan features correspond to patches of unvegetated open water areas that support less than five percent vegetative cover and are characterized by salt crusts and algal matting, indicating long-term inundation.

The Project will demolish an auxiliary building, an antenna, concrete foundations, and fencing associated with the Concord Outer Marker facility. The scope of work involves removing a 6-foot x 8-foot pre-fabricated fiberglass building, 10-foot-tall antenna tower, 30-foot antenna pole, and 600 linear feet of chain-link fencing. Surface gravel will be removed, and the area will be backfilled with clean fill and native grasses.

On March 22, 2022, the Applicant requested formal consultation from the United States Fish & Wildlife Service (USFWS) on a determination that the Project may affect but is not likely to adversely affect the federally endangered California clapper rail (Rallus longirostris obsoletus)1 (CCR) or soft bird’s-beak (Cordylanthus mollis ssp. mollis). The

1 Recent genetic analyses of rail species resulted in a change in the common name and taxonomy of the large rails of the west coast of North America to Ridgway’s rail (Rallus obsoletus). Thus, the California clapper rail (Rallus longirostris obsoletus) is now referred to in the scientific community as the California Ridgway’s rail (Rallus obsoletus obsoletus). Until the USFWS officially publishes the adoption of recent nomenclature changes made by the American Ornithologists’ Union to Ridgway’s Rail (Rallus obsoletus) in the Federal Register, they maintain the use of California clapper rail (Rallus longirostris obsoletus) in their correspondence.

U.S. Department of Transportation - 3 - NOA MOTCO Marsh Restoration

Applicant also requested consultation on a determination that the Project may affect and is likely to adversely affect endangered salt marsh harvest mouse (Reithrodontomys raviventris) (SMHM). By letter dated September 16, 2022, the USFWS concurred with the Applicant’s determinations and issued an Incidental Take Statement for the SMHM.

The USFWS letter includes conservation measures and reasonable and prudent measures for the protection of endangered species and their habitat.

Work will commence with clearing all vegetation within the work areas to eliminate cover for SMHM. Once vegetation has been removed, a construction crew using heavy equipment (e.g., an excavator, loader or similar) will demolish infrastructure, including removing fencing and associated footings, and all materials will then be hauled offsite for disposal. Once the structures are removed, any exposed gravel within the enclosure will be collected and similarly hauled offsite for disposal. Once all structures are removed the disturbed areas will be seeded with a native salt marsh seed mix to promote the re-establishment of vegetation within the restored areas. In addition, emergent marsh vegetation is also expected to naturally revegetate from the remaining root stock (vegetation will be trimmed but not fully removed so that it may regrow the next season).

The Project includes measures to avoid or minimize effects to listed species, sensitive habitats, and the surrounding environment. Any earthmoving activities will not be initiated until after preconstruction surveys determine that listed species are absent from the work area, and a biological monitor will be present during all ground-disturbing activities within salt marsh habitats to ensure appropriate vegetation removal and species avoidance measures are followed. Best management practices (BMPs) will be used to minimize impacts, and the Project will adhere to all conservation and avoidance measures described in the September 16, 2022, USFWS letter.

The Project site will be restored as described in the Habitat Restoration section of the Updated Regulatory Permit Application, Military Ocean Terminal Concord Restoration Project (WRA, November 2022) (Updated Application).

The Water Board Executive Officer finds that the Project meets the eligibility criteria of the Certification, and accordingly hereby conditionally authorizes the Project for coverage under the Certification. The following conditions are associated with this NOA:

1. Regional, state, and national studies have determined that tracking of mitigation and restoration projects must be improved to better assess the performance of these projects, following monitoring periods that last several years. To effectively carry out the State’s Wetlands Conservation Policy of no net loss to wetlands, the State needs to closely track both losses and successes of mitigation and restoration projects affecting wetlands and other waters of the State. The Water Board must also track project performance in Bay Area creeks subject to routine repair and maintenance activities, such as recurring instabilities. Therefore, we adopted the

U.S. Department of Transportation - 4 - NOA MOTCO Marsh Restoration digital interactive mapping tool called EcoAtlas.2 EcoAtlas is a web-based tool that integrates maps, project plans, site conditions, restoration efforts, and other elements on a project-by-project basis based on data inputs. Accordingly, we require the Permittee to upload their Project information to EcoAtlas with the Project Tracker tool at https://ptrack.ecoatlas.org. The California Wetlands Monitoring Workgroup developed EcoAtlas and maintains detailed instructions for Project Tracker on its website at https://ptrack.ecoatlas.org/instructions

2. The Permittee shall input Project information to EcoAtlas within 14 days from the date of this Order, consistent with Condition 1 above. The Project information shall be added to the Project Tracker tool in EcoAtlas online at https://ptrack.ecoatlas.org.

Instructions for adding information to EcoAtlas are available at https://ptrack.ecoatlas.org/instructions, or by contacting the Water Board case manager for 401 certifications in Contra Costa County. The Permittee shall notify the Water Board and submit documentation demonstrating the Project has been successfully added to Eco Atlas via email to RB2-401Reports@waterboards.ca.gov, or by mail to the attention of 401 Certifications Reports (see address on the letterhead), and include EcoAtlas_450388_MOTCO Marsh Restoration;

3. The Applicant shall restore and monitor the site as described in the Habitat Restoration section of the Updated Application. Monitoring shall be conducted annually to verify whether the Project is performing as intended. This involves annual site inspections and representative photo documentation of the site conditions. A minimum of eight (8) monitoring photos shall be taken before construction and each year during the monitoring event.

4. Success Criteria: The following success criteria, as described in Table 3, Performance Standards and Success Criteria for Wetland Restoration of the Updated Application shall be used to evaluate Project success:

CATEGORY SUCCESS CRITERIA YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5

Restored Wetlands Species Cover

Restored wetlands shall achieve at least 75% of the reference site absolute cover by wetland species (FACW or OBL) at the end of the 5-year monitoring period.

≥15% ≥30% ≥50% ≥65% ≥75%

Native Plant Cover Relative cover by native plant species in restored wetlands shall be at least 75% of the relative cover by natives in the reference site at the end of the 5-year monitoring period.

≥15% ≥30% ≥50% ≥65% ≥75%

2 Source: California Wetlands Monitoring Workgroup (CWMW), 2019. EcoAtlas. Accessed May 14, 2019.

https://www.ecoatlas.org. The California Wetland Monitoring Workgroup (CWMW) provides technical oversight on the development of content and functionality of EcoAtlas. As a member of CWMW, San Francisco Estuary Institute provides day-to-day support and management of EcoAtlas, and can be contacted by email at ptrackadmin@sfei.org.

https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fptrack.ecoatlas.org%2F&data=02%7C01%7Csusan.glendening%40waterboards.ca.gov%7Cbaa063561b3f4c44307b08d719478765%7Cfe186a257d4941e6994105d2281d36c1%7C0%7C0%7C637005667327993286&sdata=w7D13HQ%2Bnst%2BVWXEK%2BcjC1v5qHAyMs0QzSa5bbeLRGg%3D&reserved=0 https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fptrack.ecoatlas.org%2Finstructions&data=02%7C01%7Csusan.glendening%40waterboards.ca.gov%7Cbaa063561b3f4c44307b08d719478765%7Cfe186a257d4941e6994105d2281d36c1%7C0%7C0%7C637005667327993286&sdata=i4Iz2Rg3EVhdtj6SR6LJMgwhhAqwGFJ0yRTQEjFOAFY%3D&reserved=0 https://ptrack.ecoatlas.org/ https://ptrack.ecoatlas.org/instructions mailto:RB2-401Reports@waterboards.ca.gov https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ecoatlas.org%2F&data=02%7C01%7Csusan.glendening%40waterboards.ca.gov%7Cbaa063561b3f4c44307b08d719478765%7Cfe186a257d4941e6994105d2281d36c1%7C0%7C0%7C637005667327983293&sdata=qH7%2BpABGBKY9C5dTw3qbMjrW%2BEPtnAZWpYD4PKTMAcA%3D&reserved=0 mailto:ptrackadmin@sfei.org

U.S. Department of Transportation - 5 - NOA MOTCO Marsh Restoration

Invasive Species Less than 10% cover by invasive plant species such as broadleaf pepperweed (Lepidium latifolium)

˂10% ˂10% ˂10% ˂10% ˂10%

5. Annual monitoring reports, acceptable to the Executive Officer, shall be submitted by January 31 following each monitoring year with the first monitoring year commencing the calendar year after completing the Project. At the time of this Certification the Project completion is anticipated in 2023. Therefore, monitoring of mitigation areas shall begin in 2024 and the first annual monitoring report shall be due on January 31, 2025, unless the Project is completed at a different time. These reports shall include findings of the visual inspections, photographs of the site, and vegetation monitoring data to document site conditions and report on the Project status. Annual monitoring reports shall reference AMR_450388_MOTCO Marsh Restoration and shall be submitted via email to RB2- 401Reports@waterboards.ca.gov, and the Water Board staff responsible for 401 certifications in Contra Costa County.

6. The final monitoring report shall document the Project conditions at the end of five years and shall include a Final Project Completion Report and Notice of Termination that includes: (a) the RM 450388 for this Project, (b) the date the Project construction activities were completed, and (c) the date the Project monitoring indicated successful completion. The Final Project Completion Report shall reference NOC_450388_MOTCO Marsh Restoration and be submitted via e-mail to RB2-401Reports@Waterboards.ca.gov, and the Water Board staff responsible for 401 certifications in Contra Costa County.

7. In accordance with 23 CCR section 2200, the Permittee shall pay an annual fee to the Water Board each fiscal year (July 1 – June 30) until Project activities (including monitoring) are completed and an acceptable Final Project Completion Report is received by the Water Board. Annual fees will be automatically invoiced to the Permittee. The Permittee must notify the Water Board at Project completion with a final report in order to request to terminate annual invoicing. Notification shall reference RM 450388, MOTCO Marsh Restoration and shall be sent to Water Board staff responsible for 401 certifications in Contra Costa County and to RB2- 401Reports@waterboards.ca.gov. Water Board staff will verify conditions of the Certification have been met and may request a site visit at that time to confirm the Project’s status and compliance with this Certification.

mailto:RB2-401Reports@waterboards.ca.gov mailto:RB2-401Reports@Waterboards.ca.gov

U.S. Department of Transportation - 6 - NOA MOTCO Marsh Restoration

If you have any questions, please contact Katie Hart of my staff by e-mail to kathryn.hart@waterboards.ca.gov or via phone at (510) 622-2356.

Sincerely, for Eileen White Executive Officer

Attachment: Project Plans & Notice of Termination for Clean Water Act Section 401 General Water Quality Certification for Small Habitat Restoration Projects (File No. SB12006GN) cc: SWRCB, DWQ, stateboard401@waterboards.ca.gov Water Board, Victor Aelion, victor.aelion@waterboards.ca.gov

Corps, SF Regulatory Branch:

Katerina Galacatos, katerina.galacatos@usace.army.mil Greg Brown, Gregory.g.brown@usace.army.mil

U.S. EPA:

Email Inbox, R9cwa401@epa.gov;

Jennifer Siu, Siu.jennifer@epa.gov mailto:kathryn.hart@waterboards.ca.gov mailto:stateboard401@waterboards.ca.gov mailto:victor.aelion@waterboards.ca.gov mailto:katerina.galacatos@usace.army.mil mailto:Gregory.g.brown@usace.army.mil mailto:R9cwa401@epa.gov mailto:Siu.jennifer@epa.gov

Attachment

Notice of Applicability

For Enrollment of the U.S. Department of Transportation, Federal Aviation Administration

Military Ocean Terminal Concord Marsh Restoration Project

Under the Clean Water Act Section 401 General Water Quality Certification for

Small Habitat Restoration Projects (File No. SB12006GN)

Contra Costa County

Notice of Termination (NOT)

Military Ocean Terminal Concord Marsh Restoration Project

Contra Costa County

California Regional Water Quality Control Board San Francisco Bay Region

Watershed Management Division 1515 Clay Street, Suite 1400, Oakland, CA 94612-1482

NOTICE OF TERMINATION

TO COMPLY WITH THE TERMS OF

GENERAL WASTE DISCHARGE REQUIREMENTS FOR PROJECTS UNDER

THE

VOLUNTARY HABITAT RESTORATION PROGRAM – CONTRA COSTA

COUNTY

ORDER No. R2-2016-0030

FOR AGENCY TRACKING USE ONLY

Place ID: Reg Measure ID: Date NOI

Received:

Check# and

Amount

I. PROJECT and APPLICANT INFORMATION

Project Title: Click here to enter text.

Applicant Name: Click here to enter text.

Business/Agency: Click here to enter text.

Street Address: Click here to enter text.

City, County, State, Zip:

Click here to enter text.

Telephone:

Click here to enter text.

Fax

E-mail: Click here to enter text.

II. PROPERTY OWNER ☐ Check Box if Same As Above

Name:

Street Address: Click here to enter text.

City, County, State, Zip:

Click here to enter text.

Telephone: Click here to enter text.

Fax

E-mail: Click here to enter text.

III. PROJECT CATEGORY

Select the covered activity or activities implemented for this project? (check one or more boxes below) ☐ Pond Restoration ☐ Livestock and Wildlife Water Distribution ☐ Erosion Control

IV. BASIS OF TERMINATION

Select one of the following:

☐ The project is complete and the following conditions have been met:

The project was implemented and is in compliance with the requirements under the General WDR Order No. R2-2016-0030.

Date of Project Completion: Click here to enter text.

☐ Project activities have been suspended:

Temporarily ☐ Indefinitely ☐ Date of suspension: Click here to enter text.

Expected startup date (if applicable): Click here to enter text.

V. CONTRA COSTA RESOURCE CONSERVATION DISTRICT SIGNATURE /

CERTIFICATION

I certify that the covered activities implemented for this project were completed to meet the General WDR Order No. R2-2016-0030 and were installed to meet Natural Resources Conservation Service standards and specifications detailed in Planning Procedures and Best Management Practices for the Voluntary Habitat Restoration Program, Contra Costa Resource Conservation District. The project is complete.

Contra Costa Resource Conservation District Date Signature

Printed Name

VI. APPLICANT SIGNATURE / CERTIFICATION

I certify under penalty of law that all dredge and fill discharges associated with the restoration activity from the identified site that are authorized under General WDR Order No. R2-2016-0030 have been completed. I understand that by submitting this Notice of Termination, I am no longer authorized to discharge water and materials associated with the any restoration activity under the General WDR Order No. R2-2016-0030.

Applicant Signature Date

Printed Name

Pat h:

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Sources: National Geographic, WRA | Prepared By: mrochelle, 2/18/2021

Study Area

View Extent

FAA Concord (CCR) Outer Marker (OM) Facility MotCo, Concord, California 0 21

Miles

Figure 1. Study Area Regional Location Map

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Sources: 2018 Google Earth Aerial, WRA | Prepared By: mrochelle, 3/30/2021

FAA Concord (CCR) Outer Marker (OM) Facility MotCo, Concord, California

Figure 2.

Aerial Map of Site

0 200100 Feet

Study Area - 0.59 ac.

Kinney Blvd

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FAA Concord (CCR) Outer Marker (OM) Facility MotCo, Concord, California

Sources: 2018 Google Earth Aerial, 2018 Norcal Fire LiDAR, WRA | Prepared By: mrochelle, 10/6/2021

0 10050 Feet

Figure 4. Project Impacts

Project Area - 0.59 ac.

Additional 10' Buffer Area - 0.14 ac.

Contours - 1ft interval

Temporary Impacts Developed Areas - 0.10 ac.

Emergent Marsh Wetland - 0.59 ac.

Salt Pan Wetland - 0.04 ac.

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Sources: 2018 Google Earth Aerial, 2018 Norcal Fire LiDAR, WRA | Prepared By: mrochelle, 10/6/2021

Figure 5. Restored Areas

FAA Concord (CCR) Outer Marker (OM) Facility MotCo, Concord, California

Project Area - 0.59 ac.

Additional 10' Buffer Area - 0.14 ac.

Contours - 1ft interval

Restored Areas

Developed Areas - 0.10 ac.

Emergent Marsh Wetland - 0.59 ac.

Salt Pan Wetland - 0.04 ac.

Appendix A. Site Photographs 1

Northwest-facing view of developed gravel road within the Study Area.

Southwest-facing view of the existing antenna and structure in the center of the Study Area.

East-facing view of emergent marsh wetland and salt pan.

Southeast-facing view of emergent marsh wetland within the Study Area.