B08_Attachment_6_SupplementalDocument_1_Best_Management_Practices_for_Water_Quality.pdf

Best Management Practices for Water Quality

Bureau of Land Management California

September 2022

Summary

Water quality goals and objectives are established in Bureau of Land Management (BLM)

Resource Management Plans (RMPs); and are required through all stages of project implementation. These goals are intended to meet or exceed applicable legal requirements including the Clean Water Act and California Porter-Cologne Water Quality Control Act.

During site-specific project planning, conformance with RMPs is required. The project planning process is where Best Management Practices (BMPs) are evaluated for applicability and developed for the project.

This document is being produced by and for the BLM to aid in compliance with the federal

Clean Water Act and Porter-Cologne Act. The State's Non-Point Source (NPS) Policy (2004) guides and describes the use of management practices to address NPS pollution. The State

Water Boards hope to leverage this document in potential water quality focused permitting.

Through these permits, BLM and the State will streamline the water quality permitting process and assure water quality standards are met for many projects on BLM land. Monitoring to ensure compliance will be part of the Federal Non-point Source permits.

BLM California has a long history of working with the State and other partners to improve water quality. However, documentation of these efforts was not standardized to allow efficient application, evaluation, or reporting across the state or to the State Water Boards. This BLM

California BMP guidance was developed so that the agency can demonstrate compliance with the non-point source pollution requirements of the State of California. These Best Management

Practices (BMPs) were produced as part of a program to enhance agency performance, consistency, and accountability in managing water quality consistent with the Federal Clean

Water Act (CWA) and Porter-Cologne Act.

This document incorporates Best Management Practices for the US Department of Interior, Bureau of Land Management (BLM) Field and District Offices in California.

In summary, the BLM California BMP Program is a key piece of the agency’s non-point source pollution control program for achieving and documenting water resource protection, demonstrating commitment to land stewardship and protection of water quality.

Table of Contents Introduction

Authority

Project Planning and Implementation: BLM California BMP Process

Best Management Practices

Operations in or near Aquatic Ecosystems

Table 1. Best Management Practices for Operations in or near Aquatic Ecosystems

Table 2. Best management practices for spill prevention and abatement

Table 3. Best management practices for restoration activities

Table 4. Best management practices for Stream Crossings

Road Construction and Reconstruction

Table 5. Best management practices for road construction and reconstruction activities

Surface Drainage including Cross drains Road Activities

Road Maintenance and Operations

Table 6. Best Management Practices for Road Maintenance

Road Stormproofing

Road Closure and Decommissioning

Wet Season and Haul Road Use

Potential Erosion Hazards for Road or Trails

Table 7a. Water bar spacing (feet) by gradient and erosion class

Table 7b. Soil ground cover needed to protect soils

Vegetation (including timber) Management Activities

Table 8. Best Management Practices for vegetation (and timber) management activities

Fire and Fuels Management Activities

Table 9. Best management practices for fire and fuels management

Fuels Management

Wildfire Management including Fire Suppression Repair

Emergency Stabilization

Recreation management

Table 10. Best management practices for recreation management

Rangeland and Wild Horses and Burros Best Management Practices

Table 11. Best management practices for livestock grazing, and Wild Horses and Burro management

Minerals Development Best Management Practices

Table 12. Best management practices for minerals

Definitions

References

Appendix A - How to define a riparian reserve or Aquatic management zone (AMZ)

Introduction

High-quality water is one of the most important natural resources on BLM lands. BLM lands are managed using a multiple-use approach with the goal of sustaining healthy terrestrial and aquatic ecosystems while addressing the need for resources, commodities, and services for the

American people.

The pattern, magnitude, intensity, and location of land use and management activities influence water quality. When the surrounding terrestrial ecosystems are healthy and functioning properly, clean water benefits. Some land uses may protect or restore water quality, while others may degrade or pose risks to clean water. Excess sediment (turbidity and bedload), nutrients, temperature, pesticides, mine products, that have resulting effects on water chemistry and aquatic habitats, are the most significant water quality issues resulting from land uses and management activities on BLM lands in California. When projects and authorized activities are implemented using Best Management Practices (BMPs) that are designed to protect water quality, Waters of the State and the species, recreation, and communities that depend on them benefit.

Bureau of Land Management Resource Management Plans require compliance with the Clean

Water Act. The Clean Water Act (33 U.S.C 1251 et seq.) requires the use of BMPs to reduce nonpoint source pollution to the maximum extent practicable. The BMPs are the primary controls for achieving water quality standards pertaining to nonpoint source pollution. Water quality standards are designed to protect designated beneficial uses for water such as salmonid spawning and rearing, resident fish and aquatic life, domestic water supplies, and water-contact and non-contact recreation. BMPs also serve to increase and improve BLM’s responsiveness, transparency, and accountability in its collaboration for water quality management with the

Regional Water Boards and local communities.

The BLM is responsible for implementing Best Management Practices on the lands it administers to meet the intent of the Clean Water Act and achieve compliance with the State of

California’s Porter-Cologne Water Quality Act and applicable Basin Plans (set by the Regional

Water Quality Control Boards in California). A standardized set of BMPs is needed as an effective tool for the agency to accomplish the following:

• Minimize impacts to water quality through adaptive management. Detect and quickly diagnose any unanticipated changes that improve or impair water quality.

• Demonstrate compliance or a trend toward compliance with CWA permit requirements for 303(d) listed waterbodies and State of California TMDL management program.

• Improve communication about BLM water resource management strategies and accomplishments with regulators, our partners, and other stakeholders in water resources management and conservation.

• Improve National Environmental Policy Act analyses and compliance with other

Federal laws such as the Endangered Species Act.

• Consistency of implementation across all field offices.

BLM California has a long history of working with the State and other partners to improve water quality. This document incorporates BMPs for the US Department of Interior, Bureau of

Land Management (BLM) Field Offices in California and provides for the broad range of activities that occur on BLM lands. Standardization will improve consistency, ensure that BLM resource professionals use best available science to develop site-specific BMPs, and, ultimately, continue to improve water quality on and downstream of BLM lands. The BLM California

BMP Program is a key piece of the agency’s non-point source pollution control program for achieving and documenting water resource protection, demonstrating commitment to land stewardship and protection of water quality.

Authority

I. Federal Authorities

The BLM must comply with Federal laws, Presidential and Secretarial executive orders, and

Department of Interior directives, while implementing programs and operations. Federal laws and executive orders applicable to water-quality management include the following:

1. The Federal Land Policy and Management Act of 1976 (P.L. 94-579) (as amended) requires that public lands will be managed in a manner to protect water quality (Section 102(a)(8)). In addition, Section 202(a)(8) states that BLM land use plans shall provide for compliance with applicable pollution control laws.

2. Wild and Scenic Rivers Act of 1968 (16 U.S. C. 1271.1287; PL 90-452) requires that the

BLM manage for no degradation and enhancement of water quality in designated rivers on public lands.

3. National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321, 4331.4335, 4341.4346, 4346a-b, 4347) (as amended). This law declares a national policy that encourages a

“productive and enjoyable harmony between humans and their environment.” All Federal agencies are required to use a systematic interdisciplinary approach to planning and decision-making. In addition, Federal agencies are to prepare detailed statements assessing the environmental impact of and alternatives to major Federal actions significantly affecting the environment.

4. Environmental Quality Improvement Act of 1970 (42 U.S.C. 4371.4374). This act establishes a national policy for the environment, which provides for the enhancement of environmental quality.

5. Federal Water Pollution Control Act of 1972, as amended (33 U.S.C. 1251, 1254, 1323, 1324, 1329, 1342, 1344). This series of laws establishes goals, policies, and procedures for maintaining and improving the Nation's waters. It addresses both point and nonpoint sources of pollution and establishes or requires programs for controlling both sources of pollution.

Section 208 requires area-wide waste-treatment management plans and water-quality management plans for nonpoint sources of pollution. The act established specific roles for

Federal, State, and local authorities in the regulation, enforcement, planning, control, and management of water pollution. Section 313 requires Federal agencies to comply with water-quality regulations of state and local governments. Section 319 addresses nonpoint source pollution and requires development of water-quality management plans. BMPs must be identified to control identified nonpoint sources and to reduce the level of pollution from such sources. Proper installation, operation, and maintenance of State approved BMPs may meet a land manager’s obligation for compliance with applicable water quality standards. If subsequent evaluation indicates that approved and properly installed BMPs are not achieving water quality standards, better ways to protect water quality will need to be developed.

6. The Coastal Zones Management Act of 1972 (16 USC sections 1451 et seq.) established a national framework for effective management, protection, development, and beneficial use of the coastal zone. Recognizing that the CZMA did not specifically mention water quality, in

1990 Congress amended CZMA section 306(d)(16) (16 USC section 1455[d][16]) and added section 6217 (16 USC section 1455b) to focus on NPS pollution problems and the protection of coastal waters.

7. Public Rangeland Improvement Act of 1978 (43 U.S.C. 1901-1908). This law provides for on-the-ground range rehabilitation, maintenance and the construction of range improvements including cooperative agreements with range users.

8. Executive Order 12088 of October 13, 1978. This order requires Federal agencies to comply with pollution control standards to be consistent with requirements that apply to a private person. Compliance will be in line with authorities and responsibilities of other Federal agencies, State, interstate, and local authorities as specified and granted in each of the various environmental laws.

II. Water-quality regulation of activities on BLM lands is the result of both Federal and State laws.

The BLM must comply with California laws and the implementation by California of several federal laws, while implementing programs and operations. California Laws and amendments to Federal

Laws applicable to water-quality management include the following:

1. Congress, in amending the Federal Water Pollution Control Act (Clean Water Act) in 1972, waived sovereign immunity for Federal agencies, and included in the law a requirement that Federal agencies comply with all state and local laws pertaining to water quality to the same extent as nonfederal entities. Clean Water Act Section 208 provided authority and funding for states to develop water quality management plans and to designate water quality management agencies with primary responsibility for implementing those plans. Water quality management plans as well as Basin Plans were developed in California (40 CFR, Part 130, Section 130.6).

In 1987, the Federal Water Quality Act was approved, adding Section 319 to provide funding for implementing nonpoint source management plans. Section 401 of the Clean Water Act gives the State Water Board the authority to review any proposed federally permitted or federally licensed activity that may impact water quality and to certify, condition, or deny the activity if it does not comply with State water quality standards.

1. In California, the Porter-Cologne Water Quality Control Act (1969, as amended) provides separate and broader substantive authority, including issuing state water discharge requirements. The Porter-Cologne Act; Water Code Division 7 and Related Sections (Statutes 2018) was amended to require that all Water Board waivers of waste discharge requirements include monitoring as a condition. California Water Code section 13269. Subdivision (a)(2) includes monitoring requirements (http://leginfo.legislature.ca.gov/faces/codes.xhtml).

2. Under the Coastal Zones Management Act of 1972 (16 USC sections 1451 et seq.) California prepared the California Coastal Management Program that was approved by the National Oceanic and Atmospheric Administration (NOAA). The bulk of California’s coast is within http://leginfo.legislature.ca.gov/faces/codes.xhtml the jurisdiction of the California Coastal Commission pursuant to the Coastal Act of 1976 (Public Resources Code [PRC] sections 30000 et seq.).The State Coastal Conservancy is a third partner agency in the California Coastal Management Program. Coastal Zone Act Reauthorization Amendments (CZARA) section 6217 requires state coastal zone management agencies, in coordination with state water quality agencies, to develop and implement management measures to restore and protect coastal waters from adverse impacts of NPS pollution.

3. The State Legislature enacted the California Coastal Act (PRC section 30000 et seq.) to provide for the conservation and planned development of the State’s coastline. The CCA defines the "coastal zone" as the area of the State which extends three miles seaward and generally about 1,000 yards inland. In environmentally sensitive habitat areas where there can be considerable impact on the coastline from inland development, the coastal zone extends to a maximum of 5 miles inland from mean high tide line. The CCC approves coastal development permits (CDPs), energy projects, and federal (federally approved, conducted, or funded) projects consistent with Coastal Act policies. The CCA mandates all coastal development affecting a wetland to obtain a permit from the California Coastal Commission.

4. A key policy of California’s water quality program is the State’s Antidegradation Policy. This policy, formally known as the Statement of Policy with Respect to Maintaining High Quality Waters in California (State Water Board Resolution No. 68‑16), restricts degradation of surface and ground waters. This policy protects water bodies where existing quality is higher than necessary for the protection of beneficial uses. Under the Antidegradation Policy, any actions that can adversely affect water quality in all surface and ground waters must be consistent with maximum benefit to the people of the State, not unreasonably affect present and anticipated beneficial use of the water, and not result in water quality less than that prescribed in water quality plans and policies. Furthermore, any actions that can adversely affect surface waters are also subject to the Federal Antidegradation Policy (40 Code of Federal Regulations section 131.12) developed under the Clean Water Act.

5. The National Marine Fisheries Service, USFWS, and the California Department of Fish and Wildlife began listing distinct populations of fish, amphibians, and reptiles as threatened or endangered pursuant to the Federal or State Endangered Species Acts, a process that is continuing. BLM lands harbor parts of the remaining habitat and refuge for some of these populations, across all districts. These species all require clean water, and connectivity of habitat in some circumstances.

Project Planning and Implementation: BLM California BMP Process

Water quality goals and objectives are established in BLM resource management plans and are required to be analyzed during planning and used during implementation of projects. These goals are intended to meet or exceed applicable legal requirements including the Clean Water Act and

California’s Porter-Cologne Act and to assist in complying with Basin Plans. The project planning process is where BMPs are evaluated for applicability and developed for the project.

These BMPs should then be put into contracts or given to crew implementing projects on the ground. A project may be initiated by BLM or may be proposed by an outside party that wants to occupy or use BLM lands for a specific purpose, such as for a commercial recreation development, large event, or a utility facility.

During project development, the BLM will select BMPs based upon site-specific conditions, technical feasibility, resource availability, and the water quality of those waterbodies potentially impacted; to achieve water quality goals and objectives. When a project is initiated, the BLM develops the appropriate environmental analysis as required by the National Environmental

Policy Act (NEPA) to inform the decision on the project or activity. For implementation actions, an interdisciplinary team will develop the appropriate BMPs to include with the proposed action and relevant alternatives which will be evaluated during NEPA. These site-specific BMPs are developed to account for many factors: the proposed activity, water quality objectives, soils, topography, geology, vegetation, climate, and other site-specific factors. The site-specific BMPs and other permit requirements are described and disclosed in the NEPA analysis document or project file.

The site-specific BMPs s need to be translated into contract provisions, right-of-way stipulations, special use authorization requirements, project plan specifications, and other similar documents.

This will ensure that the operator or person responsible for applying the BMPs is required to do

so. The BLM will monitor the application of BMPs after completion of the project to evaluate effectiveness. Effectiveness monitoring occurs after a designated period of wet weather has passed. Effectiveness monitoring will evaluate whether selected BMPs reduced erosion, reduced non-point source pollution, or protected beneficial uses. Specific monitoring requirements would be developed on a project-specific basis and depend on the potential level of impacts expected and the types and number of BMPs implemented, and the locations within lands managed by

BLM California. Post-project implementation monitoring of selected BMPs will answer the question “Did we do what we said we were going to do?”.

The BMPs that relate to instream activities may also be included to satisfy other permitting requirements, such as US Army Corps of Engineers’ 404 permits, Regional Board 401 certifications, or Endangered Species Act consultations as contained in biological assessments.

The BMPs in the following tables are not necessarily specific permit requirements, but rather demonstrate the process by which the BLM would control nonpoint source pollution from activities in streams, at watercourse crossings, in aquatic habitats, in riparian reserves, and in other areas vulnerable to erosion.

For other management activities, including minerals exploration and development, or linear transmission projects, the mechanism to achieve California Water Quality Standards would be guided by RMP management direction, regulations, or project-level design features. BMPs contained in this document may be used as project level design features. For example, management of locatable minerals is governed by regulations found in 43 CFR 3809. The BMPs for locatable minerals include language from 43 CFR 3809 that requires operators to prevent unnecessary and undue degradation from mining operations, as defined in 43 CFR 3809.5 and 43

CFR 3809.415.

Best Management Practices

The following lists of BMPs are not intended to be all-inclusive nor replace site-specific project planning, which may require the use of different or additional BMP practices to achieve the goals of clean water. The intent of each section and each appropriate BMP will need to be used in the development of site specific BMPs. This section describes the BMPs intended for use on

BLM lands as part of the strategy for water quality management.

A variety of activities contribute to soil disturbance and potential erosion and are directly associated with aquatic habitats. Table 1 provides general provisions to protect water from contamination, leaks or fuels, fertilizer, solvents or detergents, other hazardous materials, dust suppressants, sanitary facilities, pack animals or temporary stock facilities, diversions, and water drafting. Specific guidance for spill prevention is covered (see Table 2). Restoration activities in aquatic ecosystems are covered (see Table 3). Culverts are considered part of road maintenance and repair and can also be used during timber operations. Culverts can block connectivity of habitat for sensitive or rare species, and care is required to prevent damage to riparian and aquatic habitats and water quality (see Table 4). At times barriers to passage may need to be maintained or established to protect aquatic species from invasive species. Risks to water quality from other activities may be managed by using the appropriate Best Management Practices listed in the Tables 5-12.

These BMPS are focused on the operations and many differing activities in or near wetlands, streams, lakes, springs, seeps, or riparian reserves. BMPS to prevent erosion on steep slopes or during routine road activities are also included. Specific BMPs for operations in or near aquatic ecosystems are covered under sections that identify activities. In the tables below the objectives are to be achieved through project specific BMPs which can either use directly or be derived from the BMPs described below if intent is met. Applicability of the BMPs will examined at the project level.

Operations in or near Aquatic Ecosystems

Objectives: Minimize sediment and other pollutants delivery into aquatic ecosystems and all watercourses from culvert work, stream crossings, projects along lakes and streams, water drafting for dust abatement or fire, roads during road construction or reconstruction, routine maintenance, and other permitted activities. Prevent water pollution from entering watercourses and protect water quality in streams, and other aquatic habitats to protect beneficial uses and to comply with Basin Plans.

Explanation: This first section about Aquatic Ecosystems is intended to contain BMPs associated with all activities that may affect watercourses. Best management practices that are specific to an activity are in separate tables. Aquatic ecosystems include rivers and streams, lakes and ponds, seeps, springs, meadows, wetlands, and even shallow groundwater. Water in these habitats and their associated riparian reserves are valuable to aquatic and semi aquatic species, recreation users, local communities, ranchers, and farmers.

Riparian communities are found immediately around any water resource. Riparian communities are areas of critical importance, as they are at the intersection of terrestrial and aquatic ecosystems and provide a wide range of ecosystem services. Riparian vegetation provides bank stability and shade to maintain cool water temperatures in perennial streams during summer months (Beschta et al. 1987). Riparian reserves also provide terrestrial insects for fish, amphibian, and birds food. Riparian corridors are important for terrestrial and aquatic wildlife

(especially birds), help to mitigate flooding and recharge aquifers, provide stormwater filtering, and help to regulate temperature in streams. They also serve an important role in nutrient cycling in the broader context, as they are extremely productive environments with a high density and diversity of plants and animals. In addition, in arid environments, they tend to be areas with high concentrations of rare species and cultural resources.

There are two types of management zones administered in riparian communities: Riparian

Reserves and Aquatic Management Zones (AMZs) (Appendix A). Aquatic Management Zones

(AMZs) and Riparian Reserves are designed to protect water quality (see p.48 for Definitions).

Riparian Reserves can act as a filter to prevent sediment from entering waterbodies. The widths of the Riparian Reserves vary depending on the aquatic resource they surround (i.e., small wetland on flat round versus large lake), varying from 100 feet to 300 feet slope distance from the stream channel on both sides. Typically, Riparian Reserves are intended to maintain and restore riparian functions, maintain water quality, and stream dynamics, and contribute toward the conservation of invertebrates, fish, amphibian, reptile, mammal, or bird species and conservation of BLM sensitive species. Throughout freshwater systems, stream temperature has effects on aquatic species. Throughout the western US, temperature is of concern for native fish, amphibian, and invertebrate species. Riparian trees and large woody debris providing shade within the stream are key regulators of stream temperature. Riparian Reserve management activities that restore the natural fire regime, reduce high fuel levels, or promote native riparian species may disturb the ground, but can be done following BMPs to reduce potential impacts to waterbodies.

References to 100-year floods in the BMPs are based on the need to protect impoundments, roads and stream crossings from extreme rain, atmospheric rivers, or rain on snow events. Fires can also exacerbate risk to stream crossings and roads. Estimates of one-hundred-year recurrence interval peak discharges methods to determine proper sizing of culverts are outlined in Cafferata et al. 2017) . Evaluating stream crossings in post-fire environments to evaluate which are at risk is important to protect water quality. Methodologies for designing rock-armored crossings, including how to size rock riprap to withstand overtopping 100-year flood flows can be found in Cafferata et al (2017).

Since most BLM Field Offices do not have a hydrologist, nor are stream gauges present on many streams or rivers, using a program like Streamstats ( https://streamstats.usgs.gov/ss/) can be used to generate estimates of flows including 100-year peak flows. While this method can be tailored to the watershed above a stream crossing or settling basin, or proposed artificial impoundment, it is an estimate based on data through 2006. Engineers should evaluate the designs for culverts or other stream crossings and incorporate BMPs to reduce potential impacts to water quality.

The Aquatic Management Zones (AMZs) are designated as an area adjacent to ephemeral, intermittent, and perennial channels and around water bodies, wetlands, springs, seeps, meadows, and other Waters of the State. Hand treatment and protection of soils are important.

Exceptions for restoration activities (Table 3) can be made on a case-by-case basis. Factors considered in AMZ development include stream class, channel aspect and stability, and slope.

AMZs are designed as a filter for the maintenance and improvement of water quality.

Table 1. Best Management Practices for Operations in or near Aquatic Ecosystems.

BMP

Number Best Management Practices for Operations in or near Aquatic Ecosystems

AQ 01 For BLM-permitted activities, no hazardous materials storage with 0.25 mile of centerline of https://streamstats.usgs.gov/ss/

Number Best Management Practices for Operations in or near Aquatic Ecosystems designated Wild and Scenic Rivers, within Riparian Reserves, within AMZ and near permanent water sources.

AQ 02

For short term projects (up to 2 weeks), small amounts of fuel (up to 20 gallons) for staging activities associated with restoration activities may be stored outside the riparian reserve. If fuel over 20 gallons is left at staging area, ensure proper signage is present and provide secondary containment to prevent accidental movement of fuel over the surface to a stream or water body.

Fuel and service equipment used for instream, AMZ, or riparian work (including chainsaws and other hand power tools) only in designated areas more than 300 feet from stream or another aquatic habitat. On a case-by-case basis, fueling outside of the AMZ but inside the Riparian

Reserve could occur (i.e., when a road is present so that during the dry season that location might be the safest place to refuel). A Spill kit must be present when fueling within 300 ft of a stream.

AQ 03

Fuels, chemicals, or fertilizer shall not be stored on the active floodplain or riparian reserves of any waterbody.

All hazardous materials and petroleum products will be stored in durable containers located at least 500 feet from streams, springs, and wetlands. Spill kits will be present. Secondary containment would be required to prevent fuel or other materials from moving down slopes into streams.

AQ 04

Conduct equipment maintenance outside riparian reserves, wetlands, or stream to avoid contamination of water.

Locate equipment washing sites in areas with no potential for runoff into wetlands, Riparian

Reserve, floodplains, and Waters of the State. Do not use solvents or detergents to clean equipment on site.

AQ 05

Use non-oil-based dust suppressants such as water, within riparian reserves to prevent contamination of surface and groundwater water quality.

AQ 06

Locate contractor or permitted activities outside riparian reserves to protect water quality.

Require self-contained sanitary facilities.

Locate all new high recreational use sites outside riparian reserves to protect water quality and provide self-contained sanitary facilities.

AQ 07

Plan, locate, design, construct, operate, inspect, and maintain sanitary facilities to minimize water contamination. Sanitation facilities should not be placed within the 100- year floodplain or riparian reserve of a watercourse.

AQ 08

Require self-contained sanitary facilities when long-term camping (greater than 14 days) is involved with permit or contract implementation.

AQ 09

Provide self-contained sanitary facilities when there is high recreational use (campgrounds or dispersed camp areas, temporary camp for an OHV recreational activity, temporary camp due to horse roundup) inside riparian reserves.

AQ 10 Locate pack animal and riding facilities outside riparian reserves to protect water quality.

Number Best Management Practices for Operations in or near Aquatic Ecosystems

AQ 11

Water Sources: when locating proposed water developments for livestock or other uses, evaluate feasibility of use; and techniques for protecting original water source.

Springs used for water source should retain enough water for riparian vegetation and water for rare plant species. Water sources designed for permanent installation, such as piped diversions to off-site trough, are preferred over temporary, short-term-use developments especially when wildlife friendly fences are built to protect the original source.

AQ 12

Basins shall not be constructed at culvert inlets for the purpose of developing a waterhole for drafting, as these can exacerbate plugging of the culvert.

AQ 13

Water sources: excavation of lakeshore, streambed, or bank materials for approaches for permanent water intakes are subject to State or federal restrictions on streambed alteration and ground-disturbing activities that can contribute sediment to a watercourse or aquatic habitat.

Therefore, without the appropriate permits, these excavations should not occur.

In addition, the following restrictions may apply:

Permitted excavations should not occur during wet season. The wet season will vary dependent on location risk and timing of storms. Generally, from October 15-May 15 is when storms can come and runoff from snow occurs, but this can vary dependent on location. Monsoonal rains in the desert may bring heavy rains in summer.

Prior to excavation, federally listed threatened and endangered species, BLM sensitive species

(including State-listed), management indicator species, and aquatic organisms of interest shall be considered and appropriate mitigations shall be implemented based on federal, state or local permitting agency requirements.

Other restrictions such as spawning season may be applicable.

AQ 14

Water sources: avoid use of road fills for permanent water impoundment dams unless specifically designed for that purpose. Impoundments over 9.2-acre-feet or 10 feet in depth will require a dam safety assessment by a registered engineer. Upgrade existing road fill impoundments to pass 100-year flood events. Apply for all required permits to protect water quality.

AQ 15

Water sources: access approaches for water developments are located as close to perpendicular as possible to prevent spring or stream bank damage. The intake within the source water shall be placed parallel to the flow of water and screened, with opening size consistent with the protection of aquatic species of interest.

Access approaches are stabilized with appropriate materials, depending on expected life and use frequency of the developed water source. Use a drafting pad for water source placed above the bank full elevation of the channel with little or no excavation and/or fill placement to create drafting pad.

Protections to reduce erosion from rain or snowmelt should spread flows off pad and not directly into watercourse. Site should be rehabilitated when pad is no longer needed to minimize erosion.

AQ 16

When diverting water from streams for water sources, in stream flows shall be maintained that ensure continuous surface flow in downstream reaches and keep habitat in downstream reaches in good condition. The channel must not be dewatered to the point of isolating pools and dewatering riffles or to hinder any life stage of fish. Sensitive plants habitat must be maintained.

AQ 17

Water sources, if gravity-fed storage tanks or troughs are employed, shall utilize the following:

Water storage tanks shall be fitted with properly sized pipes designed to bring minimal flows to the tank.

Outflow pipes shall be sized to fully contain the tank overflow and cleanly return to the downstream areas of the spring or streams. It should be designed to withstand trampling.

Number Best Management Practices for Operations in or near Aquatic Ecosystems

Water storage tank return pipes at the water outfall area shall be armored to prevent erosion of watercourse banks or wetlands.

AQ 18

Water sources: File Initial Statement of Water Diversion and Use with State Water Resource

Control Board as required. Claim riparian use and record point of diversion (POD) location, water source name, place of use location, purpose of use, diversion works description, quantity of water diverted per month in gallons using on-line reporting.

AQ 19

Drafting Operations: for dust control or water tanker: if an existing off-site storage or more permanent water source such as a reservoir or manmade pond is not available, then the following locations shall be considered for drafting water:

Use sites where approaches are hydrologically disconnected from streams.

Flowing side channels rather than the main thread of the channel can be used for drafting if access is easier.

Areas with existing deeper pools if access is close by.

AQ 20

Temporary dams created to divert flows (e.g., around a culvert or bridge being replaced) shall be removed when operations are complete or before winter weather, whichever comes first.

Flow should be put into a large temporary pipe and sent down stream as this is often necessary even for small streams.

Downstream temporary dams should be placed to catch sediment coming from site

Removal of all temporary dams shall be done so that accumulated sediment is not discharged into the stream flow.

AQ 21

Drafting Operations: limit water withdrawals from fish or amphibian bearing streams to 20 percent of the flow. Limit water withdrawals within or upstream from ESA-listed or other rare species habitat to 10 percent of stream flow or less at the point of withdrawal.

The channel must not be dewatered to the point of isolating pools and dewatering riffles for life stages of fish or amphibians. For all other streams, ponds or shallow lakes withdraw no more than 40 percent.

AQ 22

Drafting Operations: Trucks directly drafting from the channel shall utilize the following practices:

No more than one truck at the same location or stream reach and time shall occur.

No truck will enter the area below the high-water elevation and will stay on an existing road when feasible.

Road approaches and drafting pads shall be treated to prevent sediment production and delivery to a watercourse or waterhole. This will include armoring as necessary from the end of the approach nearest a stream for a minimum of 50 feet, or to the nearest drainage structure (for example, waterbars or rolling dip) or point where road drainage does not drain toward the stream. Intakes for trucks, shall be placed parallel to the flow of water.

AQ 23

Drafting Operations: When drafting from the channel utilize the following practices:

Do not place pump intakes on the substrate or edges of the stream channel. When placing intakes instream, place on hard surfaces (e.g., shovel and rocks) to minimize turbidity.

Where overflow runoff from water trucks or storage tanks may enter the stream, effective erosion control devices shall be installed (for example, gravel berms or waterbars).

Number Best Management Practices for Operations in or near Aquatic Ecosystems

Areas subject to high flood events shall be armored to prevent erosion and sediment delivery to water courses.

At the end of drafting operations, intake screens shall be removed, and drafting pipes plugged, capped, or otherwise blocked or removed from the active channel to terminate water drafting during the off season.

Use a temporary liner to create intake site. After completion of use, remove liner and restore channel to natural condition. Screen intakes with opening size consistent with the protection of aquatic species

AQ 24

Drafting Operations: Trucks directly drafting from the channel shall utilize the following practices:

All water-drafting vehicles shall be checked daily and shall be repaired as necessary to prevent leaks of petroleum products and aquatic invasive species from entering AMZs.

Water-drafting vehicles shall contain petroleum-absorbent pads, which are placed under vehicles or portable pumps before drafting.

Water-drafting vehicles shall contain petroleum spill kits. Dispose of absorbent pads according to the Hazardous Response Plan.

AQ 25

Minimize the frequency and number of passes for heavy equipment through low water crossings.

Restrict heavy equipment watercourse crossings to designated locations only.

Time operations near streams or riparian reserves to driest time of year to reduce soil compaction and erosion from banks and sedimentation in streams.

AQ 26

Revegetate disturbed areas to prevent soil erosion and stream sedimentation in the fall prior to the wet season or when vegetation has the greatest chance of successful transplant or germination. Otherwise treat disturbed areas by covering with straw or other methods to protect soil.

AQ 27

When invasive species cannot be effectively eliminated by hand pulling, selective herbicide use within riparian reserves must follow all guidelines in Herbicide PEIS. Restrict herbicide use to only those that are designed for use within 100 feet of Waters of the State and have been shown to have no effects on aquatic species.

The Objective of Table 2 is to prevent water pollution from entering streams and protect water quality in streams with fish and rare aquatic species, and other beneficial uses.

Explanation: During road and restoration activities, timber projects, construction and maintenance of OHV trail routes, special uses, wild horse, or burro gathers, fuels work, and vegetation management disturbances to soil, there is the potential for mechanized equipment to leak fluids into water bodies or riparian reserve, undermining water quality. These best management practices are important for minimizing this risk. Large, mechanized equipment used for road work, hazard tree removal, or even restoration work must be checked for leaking fluids to minimize risk to streams or shallow groundwater. Shallow groundwater moves into springs, seeps, meadows, and streams and the many uses of this water makes it important to protect.

Table 2. Best management practices for spill prevention and abatement

Number Best Management Practices for Spill Prevention and Abatement

SP 01

Have absorbent containment materials present at work sites and places where fueling or use of other hazardous materials may take place. Take immediate action to stop and contain leaks or spills of chemicals and other petroleum products. Notify the California Department of Fish and

Wildlife Office of Spill Prevention and Response, through the office’s Hazardous Materials specialist, and the State Water Board of any spill that enters the Waters of the State.

SP 02

Spill Prevention, Control, and Countermeasure Plan (SPCCP): All operators shall develop a modified SPCCP prior to initiating project work if there is a potential risk of chemical or petroleum spills near waterbodies. The SPCCP will include the appropriate containers and design of the material transfer locations.

SP 03

Spill Containment Kit (SCK): All operators shall have a SCK as described in the SPCCP on-site during any operation with potential for run-off to adjacent waterbodies. The SCK will be appropriate in size and type for the oil or hazardous material carried by the operator.

SP 04

Operators shall be responsible for the clean-up, removal, and proper disposal of contaminated materials from the site.

SP 05

Prevent spills of hazardous materials by requiring:

Spill Prevention, Control, and Countermeasure Plan (SPCCP) when applicable (1,320 gallons cumulative capacity for storage of oil and/or hazardous material, potential impact to Waters of the U.S., or causing unnecessary or undue degradation, as required by federal law), and secondary containment of all hazardous materials in 55-gallon drum capacity and greater.

Material to absorb a spill of fuel or other hazardous liquids if working near riparian reserves or streams is required.

SP 06

Inspect and clean heavy equipment as necessary prior to moving on to the project site, to remove oil and grease, noxious weeds, and excessive soil.

Inspect hydraulic fluid and fuel lines on heavy-mechanized equipment for proper working condition daily before entering riparian reserves or streams or other waterbodies.

Equipment refueling will follow (Table 1) to prevent toxic materials from entering waterways.

Refuel small equipment (e.g., chainsaws and water pumps) at least 300 feet from waterbodies (In certain situations, fueling within 300 feet of a stream or riparian reserve would be acceptable (i.e., when a road or other feature makes fueling at that location the safest and most logical place to refuel or as far as possible from the waterbody where local site conditions do not allow a setback) to prevent direct delivery of contaminants into a waterbody. Refuel small equipment from no more than 5-gallon containers. Use absorbent material or a containment system to prevent spills when re-fueling small equipment within the stream margins or near the edge of waterbodies. If large amounts of fuel or other hazardous liquids are stored use secondary containment requirements for fuel storage areas such as a catchment basin or soil berms.

SP 07

In the event of a spill or release, take all reasonable and safe actions to contain the material. Specific actions are dependent on the nature of the material spilled. Notify the State’s Water Board or other environmental regulator when fuel is spilled with the potential to impact surface or ground water.

Number Best Management Practices for Spill Prevention and Abatement

SP 08

Use spill containment booms or as required. Have access to booms and other absorbent containment materials.

Immediately remove waste or spilled hazardous materials (including but not limited to diesel, oil, hydraulic fluid) and contaminated soils and dispose of it/them in accordance with the applicable regulatory standard. Notify the California Department of Fish and Wildlife Office of Spill

Prevention and Response of any spill over the material reportable quantities, and any spill not totally cleaned up after 24 hours.

Store equipment containing reportable quantities of toxic fluids outside of Riparian Reserve

The Objective of Table 3 is to minimize erosion, soil compaction, and sediment delivery from restoration activities.

Explanation: Restoration actions for meadows, streams, rivers, fens, seeps, and springs can provide enormous benefits in term of preserving meadows, reducing erosion, returning habitat structure and function, and restoring species habitat for a wide range of species dependent on these habitats throughout California from the dry desert to the wet coastal areas. During construction activities, the potential for erosion and subsequent sedimentation of streams, lakes or wetlands can occur. In addition, care must be taken to avoid spills (see Table 2Table 2. Best management practices for spill prevention and abatement). Many meadow or stream restorations can conserve seed bearing soils and natural vegetation for planting after construction is finished to reduce erosion. The risks to water quality from restoration activities can be managed by using the appropriate techniques from Table 1 adapted as needed to protect water quality.

Table 3. Best management practices for restoration activities

Number Best Management Practices for Restoration Activities

RST 01

Confine work in the stream channels to the in-water work period. The instream work period is defined as the period when low base flows occur. June 15 through September 30 could be considered a base flow period where no summer or monsoonal rains occur. Construct new stream crossings when streams are dry or when stream flow is at its lowest. These times may vary if sensitive aquatic species are present or in differing parts of the state. This may be extended if no precipitation is forecast over the following three days and mulch and erosion control materials are stockpiled onsite to be deployed in the event of rainfall occurring.

RST 02

In meadows and other aquatic habitat (e.g., meadow streams), do not drive heavy equipment in flowing channels and floodplains when wet. Do not drive heavy equipment in the AMZ in wet conditions when such use could result in soil compaction and displacement. Prohibit heavy equipment from entering flowing water, unless at a preapproved crossing. Avoid and minimize heavy equipment passage at crossings where water is flowing.

Number Best Management Practices for Restoration Activities

RST 03

In well-armored channels that are resistant to damage (e.g., bedrock, small boulder, and cobble-dominated), consider conducting the majority of heavy- equipment work from within the channel, during low streamflow, to minimize damage to sensitive riparian reserves.

RST 04 Design access routes for individual work sites to reduce exposure of bare soil and to minimize compaction and soil disturbance to wet meadows and floodplains.

RST 05

Limit the number and length of equipment access points through Riparian Reserves.

Locate equipment storage areas outside of riparian reserves, including machinery used in stream channels for more than one day, following Table 2.

RST 06

Limit the amount of stream bank excavation to the minimum necessary to ensure stability of enhancement structures. Provide isolation from flowing water during excavation. Excavated material should be removed and placed where it cannot reenter the stream during precipitation or flood events.

If materials will remain on site, they should have permanent stabilization measures applied (such as regrading to match surrounding and revegetation).

RST 07

Rehabilitate headcuts and gullies. Use large wood in preference to rock weirs if available. Enter these areas during the driest time to minimize soil compaction and diversion of flows.

Use waterbars, barricades, seeding, and mulching to stabilize bare soil areas along project access routes prior to the wet season. Since access routes can become compacted to the point that vegetative recovery is difficult consider loosening the topsoil layer on slopes less than 1 percent prior to seeding or mulching.

RST 08

Prior to the wet season, stabilize disturbed areas where soil will support seed growth, with the potential for sediment delivery to wetlands and streams. Apply native seed and certified weed-free mulch or erosion control matting in steep or highly erodible areas, or within riparian reserves.

Adjust techniques if amphibians present due to entanglement in matting.

RST 09

Implement measures to control turbidity. Measures may include installation of turbidity…