Appendix_C.pdf

Appendix C Clean Water

Action Section 404 Permit

Clean Water Act Section 404 Permit Application

Hammonton-Smartsville Road

CA FLAP CR 36(1)

Yuba County, California

U.S. Department of Transportation Federal Highway Administration

Central Federal Lands Highway Division 12300 West Dakota Avenue, Suite 280

Lakewood, Colorado 80228-2683

Prepared for:

U.S. Army Corps of Engineers – Sacramento District

1325 J Street, Room 1350 Sacramento, California 95814

Prepared by:

Federal Highway Administration–Central Federal Lands Highway Division

September 2015

Table of Contents U.S. Army Corps of Engineers

South Pacific Division

Nationwide Permit Pre-Construction Notification (PCN) Form

Box 1 Project Name

Box 2 Authorized Agent/Operator Name

Box 3 Name of Property Owner(s), if other than applicant:

Box 4 Name of contractor(s) (if known):

Box 5 Site Number 1 of 1. Project location(s), including street address, city, county, state, zip code where proposed activity will occur:

Box 6 Reason(s) for Discharge into waters of the United States (Description of why dredged and/or fill material needs to be placed in Waters of the United States:

Box 7 Authority:

Box 8

Box 9 Measures taken to avoid and minimize impacts to waters of the United States:

Box 10 Proposed Compensatory Mitigation

Box 11 Threatened or Endangered Species

Box 12 Historic properties and cultural resources:

Box 13 Section 401 Water Quality Certification:

Box 14 Coastal Zone Management Act:

Box 15 List of other certifications or approvals/denials received from other federal, state, or local agencies for work described in this application:

Nationwide Permit General Conditions (GC) checklist:

Regional Conditions Checklist for California

ATTACHMENTS

Attachment 1: Figures Attachment 2: Plan Sheets and Cross Sections Attachment 3: Waters of the U.S. Impact Table Attachment 4: Updated Wetland, Other Waters, and Riparian Area Delineation Maps Attachment 5: Categorical Exclusion (including Section 106 concurrence) Attachment 6: Biological Resources Summary

Attachment 7: Section 401 Water Quality Certification Application (no appendices)

Revised March 21, 2012. For the most recent version of this form, visit your Corps District’s Regulatory website.

Nature of Activity (Description of project, include all features):

The project includes rehabilitation, restoration, resurfacing, and reconstruction of approximately 1.11 miles of Hammonton-Smartsville Road. Construction would be completed using equipment such as scrapers, excavators, graders, backhoes, and cranes. The primary elements of the proposed project include the following:

• Repave existing roadway to accommodate two 12-foot travel lanes, 4-foot paved shoulders, and 1-foot gravel shoulders (a total paved width of 32 feet)

• Realign several horizontal curves by a maximum of 12 feet to meet a 35 mph design speed

• Correct vertical curves to meet sight distance standards for a 35 mph design speed

• Install a left-turn bay at Thousand Oaks Lane intersection

• Construct a mechanically stabilized earth (MSE) wall in front of the existing gabion wall

• Construct a soil nail wall for slope stability

• Reconfigure the Chuck Yeager intersection from a wye intersection to a T-intersection

• Install a left-turn bay at Chuck Yeager intersection

• Replace the existing bridge over Sanford Creek with a precast box culvert (see Drainage discussion below)

• Install centerline striping and white edge lines and raised pavement markers

• Install guardrail at select locations

• Construct paved ditches at select locations

• Construct paved aprons at approach roads

• Replace regulatory/warning signs to meet standards

The existing gabion retaining wall (located at approximately Station 132+80 to 134+00) is located along the inside of a sharp curve. Due to the proposed widening of the roadway, as well as flattening of a substandard horizontal and vertical curve at this location, the roadway would be extended over the existing gabion wall and a MSE wall would be constructed in front of the gabion wall. In addition, a soil nail wall would be constructed to stabilize a slope in an area where compound slopes cannot be constructed (approximately Station 136+20 to 138+30).

Drainage There are two major drainage structures along the project corridor. The first major structure is located at Station 133+30 where an existing 4-foot by 4-foot concrete box culvert carries an unnamed ephemeral drainage under Hammonton-Smartsville Road. The existing culvert is hydraulically adequate; however, to accommodate the new MSE wall, the existing culvert would be extended approximately 24 feet in order to protrude from the new face of wall.

The second major structure is a clear span bridge located near the intersection of Hammonton-Smartsville Road and Chuck Yeager Road (approximately Station 147+00) that carries Sanford Creek under Hammonton-Smartsville Road.

The 10-foot 10-inch by 4-foot 2-inch structure is adequately sized for hydraulics; however, to facilitate roadway widening and to meet clear zone requirements, the bridge would be replaced with a 12-foot by 5-foot

Revised March 21, 2012. For the most recent version of this form, visit your Corps District’s Regulatory website.

precast concrete box culvert. The new culvert would be buried 2 feet to allow for a natural channel bottom.

In addition to the two major drainage structures, there are seven minor culverts along the project corridor that vary between 12 inches and 24 inches in diameter. There are erosion, scour, and abrasion issues on both the inlet and outlet side that render the culverts ineffective. Only two of these minor culverts appear to be functioning properly; the remaining culverts would be replaced with a minimum 24-inch diameter pipe.

Staging

An approximately 0.9-acre staging area is proposed on the western edge of the corridor. The staging area would be adjacent to the intersection of South Golden Parkway and Hammonton-Smartsville Road. It is a vacant lot owned by Yuba County that has been previously disturbed. If used, the contractor would be required to return the site to pre-construction conditions.

Project Purpose (Description the reason or purpose of the project):

The purpose of this project is to improve the pavement condition and safety on Hammonton-Smartsville Road within the project corridor. The need of the project is driven by pavement failures, subsurface failures, surface alligator cracking, and unsafe horizontal and vertical curves, clear zone deficiencies, and inadequate shoulders. Recent improvements on either side of the project have been completed and this project will complete a uniform width throughout the corridor. The pavement condition within the project corridor is rated as “poor” and contains numerous failed sections that have been patched. Due to insufficient roadway structural sections, weight restrictions (22 tons) have been placed on the roadway from Doolittle Gate to Chuck Yeager Road. In addition, the roadway contains sharp, horizontal curves where motorists have run off the road and has limited sight distance along both vertical and horizontal curves. The curves, in combination with a lack of paved shoulders and steep side slopes along portions of the corridor, create a safety concern for errant vehicles that need an adequate recovery area.

Revised March 21, 2012. For the most recent version of this form, visit your Corps District’s Regulatory website.

Box 6 Reason(s) for Discharge into waters of the United States (Description of why dredged and/or fill material needs to be placed in Waters of the United States:

In order to widen the roadway to accommodate 4-foot-wide shoulders, improve horizontal curvature, install paved ditches, replace or repair culverts, and replace a bridge, the project would require permanent impacts consisting of the discharge of aggregate, earthen, and asphalt materials into adjacent wetlands, perennial streams, and ephemeral drainages, including concrete structures at perennial streams and ephemeral drainages. Refer to Attachment 3 for a detailed summary table of impacts to each delineated feature and reason for discharge. Temporary impacts would be the result of equipment and foot traffic throughout the project corridor during construction. The area defined for temporary impacts will not be filled or otherwise topographically modified. These impacts are incidental to facilitation of construction activities and based on experience with previous projects, and are intended to be an overestimation of actual temporary impacts. Below is a description of the permanent discharge (i.e., fill) at each delineated feature.

Proposed discharge of dredge and/or fill material. Indicate total surface area in acres and linear feet (where appropriate) of the proposed impacts to Waters of the United States, indicate water body type (tidal wetland, non-tidal wetland, riparian wetland, ephemeral stream/river, intermittent stream/river, perennial stream/river, pond/lake, vegetated shallows, bay/harbor, lagoon, ocean, etc.), and identify the impact(s) as permanent and/or temporary for each requested Nationwide Permit1:

1 Enter the intended permit number(s). See Nationwide Permit regulations for permit numbers and qualification information:

http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationwidePermits.aspx

Water Body Type1

Requested NWP Number: 14 Requested NWP Number:

Permanent Temporary2 Permanent Temporary

Area Length Area Length Area Length Area Length

Non-tidal wetland

(HAM-1) 0.084 0.012

Non-tidal wetland

(HAM-2) 0.003 —

Non-tidal wetland

(HAM-3) < 0.001 0.001

Perennial Stream

(RPW1) 0.004 23 < 0.001 2

Perennial Stream

(RPW 2) 0.007 38 0.001 4

Ephemeral drainage (ED1) 0.003 144 0.003 156

Ephemeral drainage (ED2) 0.009 146 0.001 72

Ephemeral drainage (ED3) 0.002 24 0 0

Ephemeral drainage (ED4) 0.024 264 < 0.001 5

Ephemeral drainage (ED5) 0.004 27 0 0

Ephemeral drainage (ED6) < 0.001 3 < 0.001 2

Ephemeral drainage (ED8) 0.001 22 < 0.001 5

Total: 0.141 691 0.018 246 2Temporary Construction Impacts were included and calculated approximately 2 feet beyond the construction limits to incorporate the potential for impacts to jurisdictional features during construction activities. These impacts do not have associated fill quantities.

http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationwidePermits.aspx

Revised March 21, 2012. For the most recent version of this form, visit your Corps District’s Regulatory website.

Total volume (in cubic yards) and type(s) of material proposed to be dredged from or discharged into Waters of the United States:

Material Type Total Volume Dredged Total Volume Discharged Rock Slope Protection (RSP) 0 0 Clean spawning gravel 0 0 River rock 0 0 Soil/Dirt/Silt/Sand/Mud 0 85 cy Asphalt 0 37 cy Structure 0 44 cy Stumps/Root wads 0 0 Other: Aggregate/Riprap 0 152 cy Total: 0.0 318 cy

Activity requires a written waiver to exceed specified limits of the Nationwide Permit? Yes No If yes, provide Nationwide Permit number and name, limit to be exceeded, and rationale for each requested waiver:

Activity will result in the loss of greater than ½ acre of Waters of the United States? Yes No If yes, provide an electronic copy (compact disc) or multiple hard copies (7) of the complete PCN for appropriate Federal and State Pre-discharge Notification: (See General Condition #31, Pre-construction Notification, Agency Coordination, Section 2 and 4):

Revised March 21, 2012. For the most recent version of this form, visit your Corps District’s Regulatory website.

Describe direct and indirect effects caused by the activity and how the activity has been designed (or modified) to have minimal adverse effects on the aquatic environment

The proposed project would directly remove approximately 0.141 acres of other waters of the U.S.; avoidance and minimization efforts are described in Box 9. Due to roadway widening, as well as paved ditches at select locations, the project would add approximately 1.4 acres of new impervious surface. However, reconfiguration of the Chuck Yeager intersection would remove approximately 0.1 acres of existing pavement; this would result in an approximate 1.3-acre net increase in impervious surface within the corridor. The reconfiguration of the intersection also allows for creation of a defined drainage under Chuck Yeager. The increase in impervious surface may result in increased stormwater runoff and stormwater velocities. However, erosional drainages along the roadway would primarily be replaced with stabilized, vegetated swales on the south side of the roadway. These swales would act as buffers that would slow the velocity of runoff and convey less sediment. In addition, given the limited scope of the project (i.e.,

1.1 miles) and ample pervious surface within the rural project area, impacts are expected to be minimal. The project would not alter drainage flows, but would maintain or improve existing drainage patterns through the repair or replacement of culverts along the project corridor.

During construction, there is also the potential for a short-term increase in sediment levels because of ground disturbing activities within the highway right-of-way. Impacts would be avoided and/or minimized through the implementation of environmental commitments detailed in a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP includes measures reducing potential water quality impacts. In addition, if work at Sanford Creek occurs during conditions when there is flowing water, the contractor is required to provide and maintain a temporary diversion to contain creek flow during culvert and headwall construction. The contractor will obtain a dewatering permit from the Central Valley Regional Water Quality Control Board and complete all activities within the terms and conditions of the permit, which would minimize adverse effects to the aquatic environment.

Potential cumulative impacts of proposed activity (if any):

When added to other past, present, and reasonably foreseeable future actions, the proposed project would have no substantial adverse cumulative impacts. Although there are other past, present, and reasonably foreseeable future actions in the general area, some of which may have measurable environmental impacts, the scope of the Proposed Action is relatively minor. The greatest potential for cumulative impacts would be if the Proposed Action and the 2.1-mile Hammonton-Smartsville Road project were to occur concurrently during the 2016 construction season. This could result in short-term adverse cumulative air quality, noise, and transportaiton impacts within the area of Hammonton-Smartsville Road. For a more detailed consideration of cumulative effects, please refer to the Categorical Exclusion located in Attachment 5.

Required drawings and figures (see each U.S. Army Corps of Engineers District’s Minimum Standards Guidance):

Vicinity map: Attached (or mail copy separately if applying electronically) To-scale Plan view drawing(s): Attached (or mail copy separately if applying electronically) To-scale elevation and/or Cross Section drawing(s): Attached (or mail copy separately if applying electronically) Numbered and dated pre-project color photographs: Attached (or mail copy separately if applying electronically) Sketch drawing(s) or map(s): Attached (or mail copy separately if applying electronically)

Revised March 21, 2012. For the most recent version of this form, visit your Corps District’s Regulatory website.

Has a wetlands/waters of the U.S. delineation been completed?

Yes, Attached2 (or mail copy separately if applying electronically) No

If a delineation has been completed, has it been verified in writing by the Corps?

Yes, Date of approved jurisdictional determination (m/d/yyyy): Corps file number: No

2 If available, provide ESRI shapefiles (NAD83) for delineated waters.

For proposed discharges of dredged material resulting from navigation dredging into inland or near-shore waters of the U.S. (including beach nourishment), please attach3 a proposed Sampling and Analysis Plan (SAP) prepared according to Inland Testing Manual (ITM) guidelines (including Tier I information, if available), or if disposed offshore, a proposed SAP prepared according to the Ocean Disposal Manual:

N/A 3Or mail copy separately if applying electronically Is any portion of the work already complete? Yes No If yes, describe the work:

Box 7 Authority:

Is Section 10 of the Rivers and Harbors Act applicable?: YES NO Is Section 404 of the Clean Water Act applicable?: YES NO

Is the project located on U.S. Army Corps of Engineers property or easement?: YES NO If yes, has Section 408 process been initiated?: YES NO Would the project affect a U.S. Army Corps of Engineers structure?: YES NO If yes, has Section 408 process been initiated?: YES NO

Is the project located on other Federal Lands (USFS, BLM, etc.)?: YES NO Is the project located on Tribal Lands?: YES NO

Box 8 Is the discharge of fill or dredged material for which Section 10/404 authorization is sought part of a larger plan of development?: YES NO If discharge of fill or dredged material is part of development, name and proposed schedule for that larger development (start-up, duration, and completion dates): N/A Location of larger development (If discharge of fill or dredged material is part of a plan of development, a map of suitable quality and detail of the entire project site should be included):

Revised March 21, 2012. For the most recent version of this form, visit your Corps District’s Regulatory website.

Box 9 Measures taken to avoid and minimize impacts to waters of the United States:

Efforts were made to avoid wetlands and other waters; however, many of the identified aquatic features are located within the ditch section of the roadway, at poorly functioning culverts, and directly adjacent to the edge of pavement.

In order to meet the purpose and need of the project, impacts to the majority of wetlands and other waters within the project corridor were unavoidable. The only delineated feature able to be fully avoided was ED 7. Therefore, impacts to aquatic features were further minimized during design and/or will be minimized during construction using the following measures:

• A design exception was incorporated into project design for the horizontal curve at approximately Sta 96+13, which minimized impacts to wetland HAM 1.

• Horizontal shifts in the roadway alignment were designed to stay on the existing roadway bench to the greatest extent practicable.

• A design exception for the ditch sections allowed for a steeper than 1:4 slope in order to minimize impacts adjacent to ED 1 (Sta 92+00–93+00) and adjacent to HAM 1 (Sta 95+35–95+50).

• At Sanford Creek, a guardrail was added to the project design to allow for a narrower roadway section while meeting clear zone requirements. This reduced impacts to the creek (RPW 2) and adjacent wetland (HAM 2).

• The new box culvert at Sanford Creek will be buried 2 feet to allow for a natural channel bottom.

• Wetlands and other waters temporarily disturbed by the project will be revegetated for wetland or upland vegetation, as appropriate, within one year of disturbance.

• Adjacent to ED 1, a paved ditch section was added to minimize the overall footprint of the roadway, which allowed for tying into the existing topography in a shorter distance.

• Existing trees and woody vegetation will be spared whenever possible.

• Work will be done during the low-flow period, if possible.

• If work at Sanford Creek occurs during conditions when there is flowing water, the contractor is required to provide and maintain a temporary diversion to contain creek flow during culvert and headwall construction.

The contractor will obtain a dewatering permit from the Central Valley Regional Water Quality Control Board and complete all activities within the terms and conditions of the permit.

• No stockpiling or disposal of material will be allowed in waters of the U.S.

• BMPs such as silt fence and erosion logs will be installed in impacted areas to reduce off-site siltation.

• Erosion control matting and mulching will be used as appropriate.

• An emergency spill response procedure will be developed and spill prevention practices will be implemented and will include locating staging areas and fuel and hazardous construction material storage sites well away from wetlands and other waters of the U.S. to reduce risks from accidental spillage and leaching.

Revised March 21, 2012. For the most recent version of this form, visit your Corps District’s Regulatory website.

Box 10 Proposed Compensatory Mitigation Related to fill/excavation and dredge activities. Indicate in acres and linear feet (where appropriate) the total quantity of Waters of the United States proposed to be created, restored, enhanced and/or preserved for purposes of providing compensatory mitigation. Indicate water body type (tidal wetland, non-tidal wetland, riparian wetland, ephemeral stream/river, intermittent stream/river, perennial stream/river, pond/lake, vegetated shallows, bay/harbor, lagoon, ocean, etc.) or non-jurisdictional (uplands1). Indicate mitigation type (permittee-responsible on-site/off-site, mitigation bank, or in-lieu fee program). If the mitigation is purchase of credits from a mitigation bank, indicate the bank to be used, if known:

1For uplands, please indicate if designed as an upland buffer.

Site Number Water Body Type

Created Restored Enhanced Preserved Mitigation Type

Area Length Area Length Area Length Area Length

Project Area Non-tidal Wetlands

0.331

In-lieu fee program

Project Area Perennial Streams

0.042

Project Area Ephemeral Drainages

0.164

Total: 0.537

If no mitigation is proposed, provide detailed explanation of why no mitigation would be necessary:

If permittee-responsible mitigation is proposed, provide justification for not utilizing a Corps approved mitigation bank or in-lieu fee program:

Compensatory mitigation will be completed using the USACE Sacramento District in-lieu fee program. It is anticipated a 3.81 to 1 ratio will be observed.

Has a draft/conceptual mitigation plan been prepared in accordance with the April 10, 2008, Final Mitigation Rule2 and District Guidelines(3-5)?

2http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgarmandPermits/mitig_info.aspx 3Sacramento and San Francisco Districts http://www.spk.usace.army.mil/organizations/cespk-co/regulatory/pdf/Mitigation_Monitoring_Guidelines.pdf 4Los Angeles District http://spl.usace.army.mil/regulatory/mmg_2004.pdf 5Albuquerque District http://www.spa.usace.army.mil/reg/mitigation/SPA%20Final%20Mitigation%20Guidelines_OLD.pdf

Yes, Attached (or mail copy separately if applying electronically) No If no, a mitigation plan must be prepared and submitted, if applicable.

Mitigation site(s) Latitude & Longitude (D/M/S, DD, or UTM with Zone):

USGS Quaddrangle map name(s):

Assessor parcel number (Include County Name):

Section(s), Township(s), Range(s):

Other location descriptions, if known:

Directions to the mitigation location(s):

Revised March 21, 2012. For the most recent version of this form, visit your Corps District’s Regulatory website.

Box 11 Threatened or Endangered Species Please list any federally-listed (or proposed) threatened or endangered species or critical habitat within the project area (use scientific names (e.g., Genus species), if known):

a. Rana draytonii b. Oncorhynchus mykiss irideus

c. Onorhynchus tshawytscha d.

e. f.

The three federal species listed above represent species potentially occurring within or near the project area, not species potentially impacted by the project. A Biological Resource Summary was completed for the project (see Attachment 6). A determination of No Effect was established for all federally protected species with the potential to occur within or near the project area. Therefore, following a request for an official species list from the U.S. Fish and Wildlife Service, no further consultation was required under Section 7 of the federal Endangered Species Act.

Have surveys, using U.S. Fish and Wildlife Service/NOAA Fisheries protocols, been conducted?

Yes, Report attached (or mail copy separately if applying electronically) No If a federally-listed species would be impacted, please provide a description and a biological evaluation.

Yes, Report attached (or mail copy separately if applying electronically) Not attached Has Section 7 consultation been initiated by another federal agency?

Yes, Initiation letter attached (or mail copy separately if applying electronically) No Has Section 10 consultation been initiated for the proposed project?

Yes, Initiation letter attached (or mail copy separately if applying electronically) No Has the USFWS/NOAA Fisheries issued a Biological Opinion?

Yes, Attached (or mail copy separately if applying electronically) No If yes, list date Opinion was issued (m/d/yyyy): Not Applicable. A determination of No Effect was established for all federally protected species endemic to the project area.

Box 12 Historic properties and cultural resources:

Are any cultural resources of any type known to exist on-site? Yes No Please list any historic properties listed (or eligible to be listed) on the National Register of Historic Places:

a. b.

c. d.

e. f.

g. h.

Has an archaeological records search been conducted?

Yes, Report attached (or mail copy separately if applying electronically) No

Has an archaeological pedestrian survey been conducted for the site?

Yes, Report attached (or mail copy separately if applying electronically) No

Has another federal agency been designated the lead federal agency for Section 106 consultation?

Yes, Designated letter/email attached (or mail copy separately if applying electronically) No

Has a Section 106 MOA been signed by another federal agency and the SHPO?

Yes, Attached (or mail copy separately if applying electronically) No

If yes, list date MOA was signed (m/d/yyyy):

Revised March 21, 2012. For the most recent version of this form, visit your Corps District’s Regulatory website.

Has Section 106 consultation been initiated by another federal agency?

Yes, Initiation letter attached (or mail copy separately if applying electronically) No

Box 13 Section 401 Water Quality Certification:

Applying for certification? Yes, Attached (or mail copy separately if applying electronically) No

Certification issued? Yes, Attached (or mail copy separately if applying electronically) No Certification waived? Yes, Attached (or mail copy separately if applying electronically) No Certification denied? Yes, Attached (or mail copy separately if applying electronically) No

Exempted activity? Yes No Agency concurrence? Yes, Attached No If exempt, state why:

Box 14 Coastal Zone Management Act:

Is the project located within the Coastal Zone? Yes No

If yes, applying for a coastal commission-approved Coastal Development Permit?

Yes, Attached (or mail copy separately if applying electronically) No

If no, applying for separate CZMA-consistency certification?

Yes, Attached (or mail copy separately if applying electronically) No

Permit/Consistency issued? Yes, Attached (or mail copy separately if applying electronically) No

Exempt? Yes No Agency concurrence? Yes, Attached No If exempt, state why:

Box 15 List of other certifications or approvals/denials received from other federal, state, or local agencies for work described in this application:

Agency Type of

Approval Identification Number

Date Applied Date Approved

Date Denied

Central Valley Regional Water Quality Control Board

(CVRWQCB)

401 WQC Applying Submittal anticipated September 2015

Pending

CVRWQCB SWPPP Applying Pre-Construction Pending Yuba County IS/MND

(CEQA)

EA2015-0010 Notice issued

July 24, 2015 Anticipated September 2015

Revised March 21, 2012. For the most recent version of this form, visit your Corps District’s Regulatory website.

Nationwide Permit General Conditions (GC) checklist:

(http://www.gpo.gov/fdsys/pkg/FR-2012-02-21/pdf/2012-3687.pdf)

Check General Condition Rationale for compliance with General Condition

1. Navigation No adverse effects to navigation would occur. The project is not located in or near Section 10 waters.

2. Aquatic Life Movements No waterbodies that sustain fish or other aquatic macroinvertebrate movement would be directly impacted.

3. Spawning Areas No waterbodies that sustain spawning activities would be directly impacted by the project.

4. Migratory Bird Breeding Areas No impacted waters in the project area are utilized for migratory bird breeding.

5. Shellfish Beds There are no shellfish beds located in the project area.

6. Suitable Material Suitable fill will be utilized during project construction.

7. Water Supply Intakes There are no public water supply intakes in the project area.

8. Adverse Effects from Impoundments

If work at Sanford Creek occurs during conditions when there is flowing water, the contractor is required to provide and maintain a temporary diversion to contain creek flow during culvert and headwall construction. The contractor will obtain a dewatering permit from the Central Valley Regional Water Quality Control Board and shall complete all activities within the terms and conditions of the permit, which would minimize any potential adverse effects to the aquatic system that may result in restricted flows due to stream diversion.

9. Management of Water Flows Drainage patterns will be maintained within the project corridor.

10. Fills Within 100-Year Floodplains The project is located outside of any identified FEMA floodplains.

11. Equipment

FHWA-CFLHD anticipates the majority of the equipment will operate outside Waters of the U.S. Several BMPs will be observed to minimize equipment-related impacts to Waters of the U.S.

Revised March 21, 2012. For the most recent version of this form, visit your Corps District’s Regulatory website.

12. Soil Erosion and Sediment Controls A sediment and erosion control plan has been developed specifically for the project and will be followed by the contractor.

13. Removal of Temporary Fills

There is no temporary fill material associated with the project.

Temporary impacts are associated with incidental impacts as a result of equipment and foot traffic during construction. Areas of temporary disturbance will be revegetated following construction.

14. Proper Maintenance

Per Title 23 CFR Highways and FHWA-CFLHD’s specific project agreement it is the responsibility of the maintaining agency (Yuba County) to properly maintain any structure or roadway that FHWA-CFLHD constructs.

15. Single and Complete Project This is a standalone project and the NWP will only be used for this single and complete project.

16. Wild and Scenic Rivers There are no wild and scenic rivers in the project area.

17. Tribal Rights No tribal water rights or treaty fishing and hunting rights would be impacted by the project.

18. Endangered Species See Box 11 above and Attachment 6. FHWA-CFLHD has made the finding that the project has “No Effect” to federally protected threatened or endangered species.

Revised March 21, 2012. For the most recent version of this form, visit your Corps District’s Regulatory website.

19. Migratory Bird and Bald and Golden Eagle Permits

No take of migratory birds or Bald and Golden Eagles are anticipated with the project. Tree and shrub removal is scheduled to occur between September 1 and March 1 to avoid potential impacts to breeding and nesting migratory birds and raptors, to the extent possible. In addition, inactive nests located within culverts will be removed prior to construction within the non-breeding season (September 1–March 1) and exclusionary barriers will be placed on structures during the non-breeding season to prevent nest establishment. If construction activities take place after March 2 or prior to August 31 (i.e., breeding season), nest surveys will be conducted by a qualified biologist within one week prior to construction to determine absence or presence of nesting migratory birds. If migratory bird nests are identified, a no-disturbance buffer shall be established around nests identified during preconstruction surveys. The extent of the no-disturbance buffers shall be determined by a wildlife biologist in consultation with California Department of Fish and Wildlife and shall depend on the level of noise or construction disturbance, line of sight between the nest and the disturbance, ambient levels of noise and other disturbances, and other topographic or artificial barriers. Within this buffer, all non-essential construction activities (e.g., equipment storage, meetings) shall be avoided. Construction activities may proceed if the biological monitor determines that the individual is not likely to abandon the nest during construction. With the implementation of these measures, no impacts to migratory birds are anticipated.

20. Historic Properties

See Box 12 above. The State Historic Preservation Office concurred with the recommendations of eligibility and determination of “No Historic Properties Affected” on October 23, 2014.

21. Discovery of Previously Unknown Remains and Artifacts

A special contract requirement has been included that directs all work to stop if any unidentified cultural or archaeological resources are encountered during construction and that the Contractor shall contact the State Historic Preservation Office.

22. Designated Critical Resource Waters There are no designated critical resource waters in the project area.

23. Mitigation See Box 10 above.

24. Safety of Impoundment Structures No permanent impoundment structures are associated with this project.

25. Water Quality See Box 13 above.

26. Coastal Zone Management See Box 14 above.

Revised March 21, 2012. For the most recent version of this form, visit your Corps District’s Regulatory website.

27. Regional and Case-by-Case Conditions

The project complies with Region and Case-by-Case Conditions.

28. Use of Multiple Nationwide Permits The use of multiple NWPs is not anticipated.

29. Transfer of Nationwide Permit Verifications

No transfer of property is proposed.

30. Compliance Certification FHWA-CFLHD will provide a signed certification documenting completion to USACE following construction and completion of mitigation.

31. Pre-Construction Notification This form serves as FHWA-CFLHD’s PCN to the Sacramento District of the USACE.

Sacramento District Nationwide Permit Program

Regional Conditions Checklist for California

U.S. ARMY CORPS OF ENGINEERS BUILDING STRONG

On March 18, 2012, the U.S. Army Corps of Engineers’ South Pacific Division approved 26 regional conditions for the 2012 Nationwide Permits (NWP) in California, excluding the Lake Tahoe Basin, within the Sacramento District. This checklist is intended to assist applicants with completing the South Pacific Division Pre- Construction Notification Checklist and to ensure compliance with the regional conditions. This checklist does not include the full text of each regional condition.

Please refer to the Final Sacramento District Nationwide Permit Regional Conditions for California, excluding the Lake Tahoe Basin (http://www.spk.usace.army.mil/Portals/12/documents/regulatory/nwp/2012_nwps/2012- NWP-RC-CA.pdf) and the List of Additional Information Required for Complete Pre-Construction Notification for California, Nevada and Utah, when completing this checklist.

Please check the box to indicate you have read and have/will comply with the regional condition and provide a rationale on how you have/will comply with the condition.

Check General Condition Compliance Rationale

1. Preconstruction Notification. PCN must include:

Avoidance & minimization statement.

Plan & cross-section drawings.

Pre-project photos.

This PCN includes all required components. The avoidance and minimization statement is located in Box 9 of the pre-construction notification. Plan and cross-section drawings are located in Attachment 2.

Pre-project photos are located in Appendix B of the Wetlands and Other Waters Determination report submitted on February 19, 2015.

2. Preconstruction Notification. PCN must be submitted for:

Activities in a vernal pool.

Activities in the Primary or Secondary Zone of the

Legal Delta, Sacramento River, and San Joaquin River, and immediate tributaries.

Crossings of perennial or intermittent waters.

Activities within 100 feet of a natural spring.

Activities located in areas designated as EFH.

This PCN includes perennial water crossings. The project activity does not include work in vernal pools; the Primary or Secondary Zone of the Legal Delta, Sacramento River, San Joaquin River, or immediate tributaries; activities within 100 feet of a natural spring; or areas designated as EFH.

3. Recordation. Permittee will record the NWP verification.

The project does not involve the designation of a preserve or a structure in navigable water.

4. Avoided Waters. Permittee shall:

Establish & maintain a preserve.

Place avoided waters & buffers into a separate parcel; and Establish permanent legal protection.

Due to the nature of the wetlands and other waters of the U.S. being within the existing road right-of-way, it is not practicable to create a preserve for avoided waters.

http://www.spk.usace.army.mil/Portals/12/documents/regulatory/nwp/2012_nwps/2012-NWP-RC-CA.pdf http://www.spk.usace.army.mil/Portals/12/documents/regulatory/nwp/2012_nwps/2012-NWP-RC-CA.pdf

5. Temporary Fill. PCN must include:

Avoidance practicability statement.

Description of fill.

Plan for restoration and/or revegetation.

Permittee will:

Use clean & washed gravel.

Place a horizontal marker.

Remove all temporary fill within 30 days.

There is no temporary fill material associated with the project. Temporary impacts are associated with incidental impacts as a result of equipment and foot traffic during construction.

6. Stream Crossings.

For Federally-listed fish species habitat, span the stream or river, or use bottomless arch culvert.

Ensure only minor impacts would occur to fish and wildlife passage or expected high flows.

No work within standing or flowing waters.

Dewatering plans must be approved by the Corps.

Will comply with Regional Condition 19.

Will not result in a reduction of bankfull width or depth of streams or negatively alter flood control capacity.

There is no federally-listed fish species habitat within the project corridor and no impacts to fish and wildlife passage are expected (see the Biological Resources Summary in Attachment 6). Construction will be performed during the dry, no dewatering is proposed, and the project complies with Regional Condition 19 in that there is no bank stabilization proposed.

7. Lead Federal Agency. Must submit documentation pertaining to the Corps Permit Area for ESA and Area of Potential Effect for NHPA.

FHWA-CFLHD has included the required documentation in Attachment 5 and Attachment 6.

8. Compliance Certificate. Must submit:

As-built drawings.

Post-construction photographs.

FHWA-CFLHD will submit the required documentation.

9. Permittee Responsible Mitigation. Must complete mitigation construction before or concurrent with commencement of project construction and/or submit proof of mitigation or ILF payment.

Proof of in-lieu fee payment will be provided.

10. Mitigation. Must submit a final compensatory mitigation & monitoring plan.

Permanent impacts will be mitigated through payment into the USACE Sacramento District in-lieu fee program.

11. Contractor Awareness. Responsible for awareness and shall ensure permit & drawing availability.

FHWA-CFLHD will require the contractor to have a copy of the permit and drawings available for review at the project site.

12. Limits of Disturbance. Must clearly identify & ensure no work takes place outside of limits.

The project plans, located in Attachment 2, clearly identify the project limits and that no work shall take place outside the construction limits.

13. Notification. Must notify 10 days prior to initiation of project construction. FHWA-CFLHD will comply with this condition.

14. Inspections. Must allow inspection of activity(s). FHWA-CFLHD will allow USACE representatives to inspect the project.

15. Mather Core Recovery Area (Sacramento County). NWPs (see list) revoked from use in vernal pools.

The project activity does not involve impacts to vernal pools in the Mather Core Recovery Area.

16. Legal Delta. NWPs (see list) revoked.

The project activity does not involve impacts in the Legal Delta and also does not involve the use of NWP 29 or 39.

17. Secondary Zone. Impacts must be mitigated within the Secondary Zone of the Legal Delta.

The project activity does not occur within the Secondary Zone of the Legal Delta.

18. NWP 12 (Utility Lines).

Activity will not drain wetlands or waters.

Permittee will stockpile top 6–12” of topsoil.

Permittee will replace topsoil, and then re-seed.

PCN must be submitted when a utility line:

Results in a discharge of fill into a perennial or intermittent waters, or special aquatic sites;

Results in a discharge of fill into greater than 100 linear feet of ephemeral waters;

Includes construction of an access road, substation or foundation within waters; or Does not involve restoration of trenches to pre-project contours and conditions.

The project activity does not involve the use of

NWP 12.

19. NWPs 13 & 14. For bank stabilization activity(s):

Activity will use native vegetation, bioengineering design techniques, or a combination thereof.

PCN must be submitted when a bank stabilization:

Involves hard-armoring or non-vegetated/non-bioengineered technique.

The project activity does not involve bank stabilization.

20. NWP 23 (Categorical Exclusions).

Submit a PCN for all activities.

Include a copy of the CE.

Include final agency determinations for ESA, EFH, and NHPA.

The project is not seeking clearance under NWP 23.

However, all required documentation is located in Attachments 5 and 6 excluding final agency determinations.

21. NWP 27 (Aquatic Habitat Restoration). PCN must be submitted when the activity:

Results in a discharge of fill into perennial or intermittent waters, or special aquatic sites; or

Results in a discharge of fill into greater than 100 linear feet of ephemeral waters.

The project activity does not involve the use of

NWP 27.

22. NWPs 29 and 39 (Residential & Commercial Development). Channelization or relocation of intermittent or perennial drainages is not authorized, except when relocation would result in a net increase in functions.

The project activity will not involve NWPs 29 or 39.

23. Waivers (300 & 500 linear foot). PCN must include:

A narrative description;

An analysis of the proposed impacts;

Measures taken to avoid and minimize losses to waters; and Measures taken to avoid and minimize losses to waters; and A compensatory mitigation plan.

No waivers are being requested.

24. NWPs 29, 39, 40, 42, and 43: Must establish and maintain upland vegetated buffers.

The project activity will not involve the use of NWPs 29, 39, 40, 42, or 43.

25. NWP 46 (Discharge in Ditches). Will not cause the loss of greater than 0.5 acres of waters or the loss of more than 300 linear feet of ditch.

The project activity will not involve the use of NWP 46.

26. All NWPs. All NWPs except (see list) are revoked for activities in histosols, fens, bogs and peatlands, and in wetlands contiguous with fens.

The project activity will not occur in histosols, fen, bog, peatland or wetlands contiguous with fens.

Attachment 1: Figures

ED 1

ED 2 ED 8

ED 3

ED 4

ED 5

ED 6

HAM 3

RPW 2

HAM 2

HAM 1

CA Flap CR 36(1) Hammonton-Smartsville Road

Waters of the U.S.

Location Overview

Source Layer Credits: National Geographic Society.

Projection: Lambert Conformal Conic State Plane

California Il FIPS 0402 Feet North American Datum 1983.

0 500 1,000 Feet

1 in = 500 ft

Hammonton - Smartsville R oad

Reg State Project

5 CA

CA Flap CR 36(1)

Hammonton-Smartsvi l le Road

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

+0

0 92 +0

+0

+0

+0

+0

+0

ED 1

HAM 1

HAM 1

Label Perm Impact Area (ac)

Temp Impact Area (ac)

ED 1 0.003 0.003

HAM 1 0.084 0.012

Sheet Total 0.087 0.015

1 2 3 4

Hammonton-Smartsville Road CA Flap CR 36(1) Wetland Biologists: Phil Peters, Ben Eddy Source Layer Credits: 2014 ESRI World Imagery.

Projection: Lambert Conformal Conic State Plane California Il FIPS 0402 Feet North American Datum 1983.

Surveyors/Wetland Delineators: Jacobs Engineering, Ben Eddy. Map Preparer: Jacobs Engineering, Peter Barney.

Prepared on: 8/26/2015.

0 50 100 Feet

1 in = 50 ft JACOBS Page 1 of 6

WOUS Temporary Impact Area WOUS Permanent Impact Area Wetland Temporary Impact Area Wetland Permanent Impact Area

Proposed Centerline Proposed Culvert Construction Limits Proposed Edge of Pavement

+0

+0

0+

1+

2+

3+

4+

5+

00ED 2

Label Perm Impact Area (ac)

Temp Impact Area (ac)

ED 2 0.009 0.001

Sheet Total 0.009 0.001

1 2 3 4

Hammonton-Smartsville Road CA Flap CR 36(1) Wetland Biologists: Phil Peters, Ben Eddy Source Layer Credits: 2014 ESRI World Imagery.

Projection: Lambert Conformal Conic State Plane California Il FIPS 0402 Feet North American Datum 1983.

Surveyors/Wetland Delineators: Jacobs Engineering, Ben Eddy. Map Preparer: Jacobs Engineering, Peter Barney.

Prepared on: 8/26/2015.

0 50 100 Feet

1 in = 50 ft JACOBS Page 2 of 6

WOUS Temporary Impact Area WOUS Permanent Impact Area Wetland Temporary Impact Area Wetland Permanent Impact Area

Proposed Centerline Proposed Culvert

8+

9+

0+

1+

2+

3+

00 11 4+

5+

ED 8

ED 8

Label Perm Impact

Area (ac) Temp Impact

Area (ac)

ED 8 0.001 < 0.001

Sheet Total 0.001 < 0.001

1 2 3 4

Hammonton-Smartsville Road CA Flap CR 36(1) Wetland Biologists: Phil Peters, Ben Eddy Source Layer Credits: 2014 ESRI World Imagery.

Projection: Lambert Conformal Conic State Plane California Il FIPS 0402 Feet North American Datum 1983.

Surveyors/Wetland Delineators: Jacobs Engineering, Ben Eddy. Map Preparer: Jacobs Engineering, Peter Barney.

Prepared on: 8/26/2015.

0 50 100 Feet

1 in = 50 ft JACOBS Page 3 of 6

WOUS Temporary Impact Area WOUS Permanent Impact Area Wetland Temporary Impact Area Wetland Permanent Impact Area

Proposed Centerline Proposed Culvert

6+

7+

8+

9+

0+

1+

2+

3+

ED 3

ED 4

ED 4

Label Perm Impact

Area (ac) Temp Impact

Area (ac)

ED 8 0.001 < 0.001

Sheet Total 0.001 < 0.001

Label Perm Impact

Area (ac) Temp Impact

Area (ac)

ED 3 0.002 0

ED 4 0.024 < 0.001

Sheet Total 0.026 < 0.001

1 2 3 4

Hammonton-Smartsville Road CA Flap CR 36(1) Wetland Biologists: Phil Peters, Ben Eddy Source Layer Credits: 2014 ESRI World Imagery.

Projection: Lambert Conformal Conic State Plane California Il FIPS 0402 Feet North American Datum 1983.

Surveyors/Wetland Delineators: Jacobs Engineering, Ben Eddy. Map Preparer: Jacobs Engineering, Peter Barney.

Prepared on: 8/26/2015.

0 50 100 Feet

1 in = 50 ft JACOBS Page 4 of 6

WOUS Temporary Impact Area WOUS Permanent Impact Area Wetland Temporary Impact Area Wetland Permanent Impact Area

Proposed Centerline Proposed Culvert

6+

7+

8+

9+

0+

1+

2+

3+

4+

ED 5

RPW 1

MSE Wall

Label Perm Impact

Area (ac) Temp Impact

Area (ac)

ED 5 0.004 0

RPW 1 0.004 < 0.001

Sheet Total 0.008 < 0.001

1 2 3 4

Hammonton-Smartsville Road CA Flap CR 36(1) Wetland Biologists: Phil Peters, Ben Eddy Source Layer Credits: 2014 ESRI World Imagery.

Projection: Lambert Conformal Conic State Plane California Il FIPS 0402 Feet North American Datum 1983.

Surveyors/Wetland Delineators: Jacobs Engineering, Ben Eddy. Map Preparer: Jacobs Engineering, Peter Barney.

Prepared on: 8/26/2015.

0 50 100 Feet

1 in = 50 ft JACOBS Page 5 of 6

WOUS Temporary Impact Area WOUS Permanent Impact Area Wetland Temporary Impact Area Wetland Permanent Impact Area

Proposed Centerline Proposed Culvert

2+

3+

4+

00 14 5+

6+

7+

8+

9+

4+00

5+00

ED 6

HAM 2

RPW 2

HAM 3

RPW 2

HAM 2

Label Perm Impact

Area (ac) Temp Impact

Area (ac)

ED 6 < 0.001 < 0.001

HAM 2 0.003 < 0.001

HAM 3 < 0.001 0.001

RPW 2 0.007 0.001

Sheet Total 0.01 0.002

1 2 3 4

Hammonton-Smartsville Road CA Flap CR 36(1) Wetland Biologists: Phil Peters, Ben Eddy Source Layer Credits: 2014 ESRI World Imagery.

Projection: Lambert Conformal Conic State Plane California Il FIPS 0402 Feet North American Datum 1983.

Surveyors/Wetland Delineators: Jacobs Engineering, Ben Eddy. Map Preparer: Jacobs Engineering, Peter Barney.

Prepared on: 8/26/2015.

0 50 100 Feet

1 in = 50 ft JACOBS Page 6 of 6

WOUS Temporary Impact Area WOUS Permanent Impact Area Wetland Temporary Impact Area Wetland Permanent Impact Area

Proposed Centerline Proposed Culvert

Attachment 2: Plan Sheets and Cross Sections

Attachment 3: Waters of the U.S. Impact Table

Summary Impacts to Waters of the U.S.

Permanent Impacts (Acres)

Linear Feet of Permanent

Impact

Temporary Impacts (Acres)*

Linear Feet of

Temporary Impact

Earthen fill (cubic yards)*

Aggregate/ Riprap fill

(cubic yards)*

Concrete Structure

(cubic yards)*

Asphalt (cubic yards)*

HAM 1 Sta 95+00 to 97+00 N/A Non-tidal wetland

Roadway grading and widening to accommodate 4-foot-wide shoulders

0.084 N/A 0.012 N/A 7 89 23.4 0

HAM 2 Sta 147+00 Culvert Non-tidal wetland

Roadway grading and widening to accommodate 4-foot-wide shoulders; replacement of existing bridge with 58-foot-long 12' x 5' precast concrete box culvert (approx. Sta 147+00), including 33 sq ft of riprap

0.003 N/A 0 N/A 7 4 3 0.1

HAM 3 Sta 147+50 N/A Non-tidal wetland

Roadway grading and widening to accommodate 4-foot-wide shoulders and correct horizontal curvature

< 0.001 N/A 0.001 N/A < 0.01 0 0 0

RPW 1 Sta 133+30 Culvert and MSE wall

Perennial stream

Construction of MSE wall and 24-linear-foot extension of existing 4' x 4' concrete box culvert (approx.

Sta 133+30)

0.004 23 < 0.001 2 10 0 18 0

RPW 2 Sta 147+00 Culvert Perennial stream

Widening of the roadway by 4 feet and replacement of existing bridge with 12' x 5' precast concrete box culvert (approx. Sta 147+00) and 62 sq ft of riprap

0.007 38 0.001 4 0.1 12 24 2

ED 1 Sta 92+00 to 94+25 N/A Ephemeral drainage

Roadway grading and widening to accommodate 4-foot-wide shoulders, including paved ditch

0.003 144 0.003 156 2 2 0 1

ED 2 Sta 100+50 to 102+25 N/A Ephemeral drainage Roadway grading and widening 0.009 146 0.001 72 0.3 5 0 1

ED 3 Sta 117+86 Culvert Ephemeral drainage

Replacement of existing culvert at Sta 117+86 with a 65-foot-long 24" pipe culvert

0.002 24 0 0 16 2 0 0.2

ED 4 Sta 119+70 to Sta 122+10 Culvert Ephemeral drainage

Roadway grading and widening to accomodate 4-foot-wide shoulders; replacement of existing culvert at Sta 120+79 with a…