Amendment_A001.pdf

TABLE OF CONTENTS

Notice to Bidders ............................................................................................................. A-i

Solicitation, Offer, and Award ........................................................................................ A-1

Basis for Award and Bid Schedule ................................................................................ A-5

Solicitation Provisions .....................................................................................................B-7

Contract Clauses ..............................................................................................................C-1

Construction Wage Rate Requirement ............................................................................ D-1

Division 100 ..................................................................................................................... E-1 Division 150 ................................................................................................................... E-30 Division 200 ................................................................................................................... E-58 Division 300 ................................................................................................................... E-70 Division 400 ................................................................................................................... E-73 Division 500 ................................................................................................................. E-102 Division 600 ................................................................................................................. E-126 Division 700 ................................................................................................................. E-151

APPENDICES

Appendix A ............................................................................................................. Fire Plan

Appendix B .......................................................................................................... 404 Permit

SPECIAL CONTRACT REQUIREMENTS (SCRs)

The following Special Contract Requirements amend and supplement the Standard Specification for Construction of Roads and Bridges on Federal Highway Projects

Amendment A001 4/20/2017

E-15

CA FTNP SEKI 10(10)

Generals Highway

PMIS NO.: 158491

Section 107. - LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

107.01 Laws to be Observed. Add the following:

Section 401 and 404 of the Clean Water Act.

Comply with the terms and conditions of permits that are issued for the performance of work within the jurisdictional waters of the U.S.; including the 404 permit and in the 401water quality certification.

Conduct turbidity, settleable material and visible construction pollutant monitoring in accordance with the specifications outlined by the CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER: CA FTNP SEKI 10(10) - Generals Highway Project - WDID

5C54CR00093.

Submit a surface water monitoring report to the CO within two weeks of initiation of sampling and every two weeks thereafter if required.

Provide no less than 48 hours advanced notice to the CO for any in-water work or diversion to allow for adequate notification to the Regional Water Quality Control Board. Within three (3) working days following the completion of work in water or stream diversion, an In-Water Work/Diversion Quality Monitoring Report must be submitted to the CO for submission to the Central Valley Regional Water Quality Control Board.

National Pollutant Discharge Elimination System (NPDES) in California

No mobile asphalt or concrete plants will be allowed within the Park.

Comply with the requirements of the California Construction General Permit (CGP) Order No.

2009-0009-DWQ as amended 07/17/2012. A copy of the permit is located at:

http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml

This permit expired on 09/02/2014, but has been administratively extended until a new permit is issued. Amend the Storm Water Pollution Prevention Plan (SWPPP) and site plan when the new permit goes into effect to meet new permit conditions.

(a) General.

Designate and submit qualifications of the Stormwater Team members who will be responsible for implementing the Storm Water Pollution Prevention Plan (SWPPP) according to qualifications requirements below and in 157.03. Team Members include:

(1) Erosion Control Supervisor that will be on-site during working hours and cannot be the Contractor Superintendent.

(2) Qualified SWPPP Developer (QSD), certified by the State of California, to update and certify amendments and revisions to SWPPP during construction.

E-16

(3) Qualified SWPPP Practitioner (QSP), certified by the State of California, to conduct Rain Event Action Plans development and to review on-site inspections if using trained personnel that are not certified for routine inspections.

(4) Stormwater inspector if not included in personnel above.

Register at least one person on the project with the Stormwater Multiple Application and Report Tracking System (SMARTS). Provide the registered person’s username information to the CO for designation as a data submitter for the project in the SMARTS system. Additional data submitters, such as laboratories, may also be provided to the CO. Submit the required Ad Hoc reports in SMARTS during construction. Complete the Annual Reports by August 15 of each year and at final acceptance of the project.

(b) Preparation of SWPPP. The Government has prepared a draft SWPPP for the project and determined the project is Risk Level 1 2. Designate a Qualified SWPPP Developer (QSD) certified by the State of California to update the draft SWPPP for the project or develop a new SWPPP and provide to the CO for review. When the SWPPP is approved and signed by the CO, QSD, and Contractor, it will be the document in force on the project. Provide an electronic copy of the approved SWPPP to the CO for inclusion in permit registration documents. Implement the SWPPP as required throughout the construction period.

Retain the QSD for the duration of the project to write and approve amendments to the SWPPP.

The QSD may modify the erosion and sediment control details and layout sheets included in the plans, as necessary, to address project site conditions and proposed construction operations.

Submit changes to CO for contractual approval and include them in the SWPPP.

(c) Permit Registration Documents. The Government will file these documents upon receipt of the approved SWPPP. Allow 14 calendar days for submittal and approval by the State Water Board. Post a copy of the NOI acknowledgement at the construction site bulletin board for the duration of the project. Do not perform any ground disturbing activities including clearing, grubbing, or earthwork until an acknowledgement letter is received from the State Water Board and the SWPPP has been approved and implemented.

(d) Inspections and Revisions to the SWPPP. Conduct inspections according to the CGP.

Document the inspections on forms provided in the SWPPP. Retain inspection forms onsite in the SWPPP notebook throughout the construction period. Submit monitoring reports in the SMARTS system when required by the CGP.

Revisions to the SWPPP by a QSD may be necessary during construction to make improvements or to respond to unforeseen conditions noted during construction or site inspections. For that purpose, specify in the SWPPP the mechanism whereby revisions may be proposed by the Contractor or the CO and incorporated into the plan, including review and approval of minor changes. Jointly approve and sign each revision to the SWPPP before implementation. Begin implementation of approved modifications within 72 hours following the inspection when deficiencies or necessary corrections were first noted.

Place the SWPPP and all updates in a three-ring binder so that completed inspection forms and other records may be inserted. Maintain a current copy of the SWPPP, including a copy of the permit, NOI, Waste Discharge Identification (WDID), and all associated records and forms at the

E-17 job site throughout the duration of the project. Make the SWPPP available for public inspection and for the inspection and use of the CO.

At the completion of the project, provide the CO with the complete SWPPP, including inspection forms, logs, monitoring reports, and any other information added during the project.

107.02 Protection and Restoration of Property and Landscape. Delete the sixth paragraph and substitute the following:

Before beginning work in an area, contact the local Utility Locator Service, at the phone number shown in the plans, to have all utilities located. Protect utilities from construction operations.

Cooperate with utility owners to expedite the relocation or adjustment of their utilities to minimize interruption of service, duplication of work, and delays.

Delete the third paragraph and substitute the following:

Should any artifacts, bones, or other archeological resources be uncovered, suspend operations at the site of discovery, notify the CO immediately of the finding, and continue operations in other areas. Include a brief statement of the location and details of the finding in the notification. If the temporary suspension of the work at the site results in unreasonable delays or the discovery site requires archeological studies resulting in unreasonable delays or additional work, an equitable adjustment will be provided per the contract. Archeological specimens found with the construction area will be removed only by the NPS or their designated representatives.

Add the following after the last sentence in the fourth paragraph.

Include with the notification a brief statement of the location and details of the findings. If the temporary suspension of the work at the site results in unreasonable delays or the discovery site requires archeological studies resulting in unreasonable delays or additional work, an equitable adjustment will be provided per the contract.

No construction activity is permitted outside the construction limits. Within the construction limits, particular trees, shrubs and areas of vegetation are to be preserved. Before construction begins or heavy equipment is brought on site, erect temporary plastic construction fence around protected trees, shrubs and vegetation at their drip lines. After completion of the setting of the clearing stakes, allow 14 calendar days for the CO, to identify the locations where the temporary construction fence will be erected around vegetation to be preserved within the construction zone. Identification will consist of flagging, staking, etc.

If fencing, barriers, staking, or marking which designates clearing limits or vegetation is damaged, knocked down or destroyed, suspend work in the area until the fencing or other protection is repaired to the satisfaction of the CO at no additional cost to the Government. If any of the landscape, outside of the construction limits or within the construction limits, that is designated to be protected or to remain is disturbed, the Contractor will restore, mitigate, or compensate the area as determined by the CO, at no additional cost to the Government.

It is unlawful to remove any natural object from the park or to deface any natural object.

CA PRA SEKI 10(10)

PMIS NO. 158491

Appendix C- 401 Permit

Central Valley Regional Water Quality Control Board

7 April 2017

Nathan Allen Federal Highway Administration 12300 W. Dakota Lakewood, CO 80228

~ MATTHEW RODRIQUEZ

l._ ............... ~ SECRETARY FOR

~ ENVIRONMENTAL PROTECTION

CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER FOR

CA FTNP SEKI 10(10)-GENERALS HIGHWAY PROJECT (WDID 5C54CR00093), TULARE

COUNTY

Enclosed please find a Clean Water Act Section 401 Water Quality Certification and Order, authorized by Central Valley Regional Water Quality Control Board Executive Officer, Pamela C. Creedon. This Order is issued to the Federal Highway Administration for the CA FTNP SEKI 10(10) - Generals Highway Project (Project). Attachments A through F of the Enclosure are also part of the Order.

This Order is issued in response to an application submitted by Federal Highway Administration for proposed Project discharge to waters of the state, to ensure that the water quality standards for all waters of the state impacted by the Project are met. You may proceed with your Project according to the terms and conditions of the enclosed Order.

· 1f you require further assistance, please contact me by phone at 559-445-6281 or by email at debra.mahnke@waterboards.ca.gov. You may also contact Matt Scroggins, Senior Engineer, by phone at 559-445-6042 or by email at matt.scroggins@waterboards.ca.gov.

Debra Mahnke Water Resource Control Engineer Central Valley Water Quality Control Board

Enclosures (2): Order for CA FTNP SEKI 10(10) - Generals Highway Project Water Quality Order No. 2003-0017-DWQ cc: See following page

KARLE. LONGLEY ScD, P.E., CHAIR I PAMELA C. CREEDON P.E., BCEE, EXECUTIVE OFFICER

1685 E Street, Fresno, CA 93706 I www.waterboards.ca.gov/centralvalley

0 RECYCLED PAPER

CA FTNP SEKI 10(10) - Generals Highway Project Reg. Meas. ID: 411377 Place ID: 831861 cc: (w/ enclosure):

Joe Morgan (Electronic Copy Only) U.S. Environmental Protection Agency, Region 9 Morgan.Joe@epa.gov

Kate Dadey

United States Army Corps of Engineers Sacramento District Headquarters 1325 J Street, Room 1350 Sacramento, CA 95814-2922

Chris Nagano United States Fish & Wildlife Service 2800 Cottage Way, Rm. W-2605 Sacramento, CA 95825-1846

Julie Vance, Regional Manager (Electronic Copy Only) San Joaquin Valley-Southern Sierra Region Department of Fish and Wildlife, Region 4 R4LSA@wildlife.ca.gov

CWA Section 401 WQC Program (Electronic Copy Only) Division of Water Quality State Water Resources Control Board Stateboard401@waterboards.ca.gov mailto:Morgan.Joe@epa.gov mailto:Stateboard401@waterboards.ca.gov

CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER

Effective Date: 7 April 2017 Reg. Meas. ID: 411377

Expiration Date: 17 March 2022 WDID: 5C54CR00093

Program Type: Fill/Excavation

Project Type: Roads and Highways

Project: CA FTNP SEKI 10(10) - Generals Highway Project

Applicant: Federal Highway Administration, Central Federal Lands Highway Division

Applicant Contact: Nathan Allen Federal Highway Administration 12300 W. Dakota Lakewood, CO 80228 Phone: (720) 963-3668 Email: Nathan.Allen@dot.gov

Applicant Agent: Greg Bergquist

Federal Highway Administration 12300 W. Dakota Lakewood, CO 80228 Phone: (720) 963-3571 Email: greg.bergquist@dot.gov

Water Board Staff: Debra Mahnke Water Resource Control Engineer 1685 E Street Fresno, California 93706 Phone: (559) 445-6281 Email: debra.mahnke@waterboards.ca.gov

Water Board Contact Person:

If you have any questions, please call Central Valley Regional Water Quality Control Board (Central Valley Water Board) Staff listed above or (559) 445-5116 and ask to speak with the Water Quality Certification Unit Supervisor.

mailto:Nathan.Allen@dot.gov mailto:greg.bergquist@dot.gov mailto:debra.mahnke@waterboards.ca.gov

Table of Contents

I. Order

II. Public Notice

III. Project Purpose

IV. Project Description

V. Project Location

VI. Project Impact and Receiving Waters Information

VII. Description of Direct Impacts to Waters of the State

VIII. Avoidance and Minimization

IX. Compensatory Mitigation

X. California Environmental Quality Act (CEQA)

XI. Petitions for Reconsideration

XII. Fees Received

XIII. Conditions

XIV. Water Quality Certification

Attachment A Project Map Attachment B Receiving Waters, Impact, and Mitigation Information Attachment C CEQA Findings of Facts Attachment D Report and Notification Requirements Attachment E Signatory Requirements Attachment F Certification Deviation Procedures

I. Order

This Clean Water Act (CWA) section 401 Water Quality Certification action and Order (Order) is issued at the request of Federal Highway Administration, Central Federal Lands Highway Division (FHWA-CFLHD) (hereinafter Permittee) for the Project. This Order is for the purpose described in the application submitted by the Permittee. The application was received on 15 December 2016. The application was deemed complete on 12 January 2017.

II. Public Notice

The Central Valley Water Board provided public notice of the application pursuant to California Code of Regulations, title 23, section 3858 from 16 January 2017 to 6 February 2017. The Central Valley Water Board did not receive any comments during the comment period.

III. Project Purpose

The purpose of the project is to increase roadway safety by resurfacing the roadway, repairing sinkholes from poor drainage, adding edge and centerline striping, and replacing guardrails. Additional drainage improvements are proposed to improve drainage, reduce erosion and downstream sediment transport, remove accumulated sediments, and reduce inlet velocities to prevent headcutting into wetlands.

IV. Project Description

The Federal Highway Administration, Central Federal Lands Highway Division (FHWA-CFLHD), in cooperation with the National Parks Service, is proposing the resurfacing, restoration, rehabilitation, and minor culvert improvements to approximately 1 mile of Generals Highways (National Park Route 10/ State Route 198), and repaving with minor culvert maintenance to approximately 1.6 miles of Wolverton Road (and parking lot), in Sequoia National Park. The Generals Highway portion of the project includes pulverizing the existing paved roadway, conducting minor corrections to vertical alignment and superelevations, obliterating roadway pullouts, rehabilitation or replacement of culverts, and repaving the asphalt surface. The Wolverton Road portion of the project includes pulverizing the existing roadway, repaving and re-striping, as well as minor culvert maintenance. The project will not involve significant widening of the roadway, and the roadway will be constructed to the typical 10-foot travel lanes, with one foot clear zones and one foot shoulders.

V. Project Location

Address: State Route 198- Generals Highway, Sequoia National Park

County: Tulare

Sections 12 and 29, Townships 16 and 15 South, Range 29 and 30 East, MDB&M.

Latitude: 36°32'32.03" and Longitude: - 118°47'11.79"

Maps showing the Project location are found in Attachment A of this Order.

VI. Project Impact and Receiving Waters Information

The Project is located within the jurisdiction of the Central Valley Water Board. Receiving waters and groundwater potentially impacted by this Project are protected in accordance with the Water Quality Control Plan for the Tulare Lake Basin, Second Edition, revised July 2016 (Basin Plan). The plan for the region and other plans and policies may be accessed online at:

http://www.waterboards.ca.gov/plans_policies/. The Basin Plan includes water quality

Amendment A001 http://www.waterboards.ca.gov/plans_policies/ standards, which consist of existing and potential beneficial uses of waters of the state, water quality objectives to protect those uses, and the state and federal antidegradation policies.

Project impact and receiving waters information can be found in Attachment B. Table 1 of Attachment B shows the receiving waters and beneficial uses of waters of the state impacted by the Project. Individual impact location and quantity is shown in Table 2 of Attachment B.

VII. Description of Direct Impacts to Waters of the State

Total Project fill/excavation quantities for all impacts are summarized in Table 1. Permanent impacts are categorized as those resulting in a physical loss in area and also those degrading ecological condition only.

Table 1: Total Project Fill/Excavation Quantity

Aquatic Resource Type

Temporary Impact1

Permanent Impact

Physical Loss of Area Degradation of Ecological Condition Only

Acres CY2 LF2 Acres CY2 LF2 Acres CY2 LF2 Stream Channel 0.0005 -- 10 0.0025 5 30 -- -- -- Wetlands 0.0105 -- 20 0.0010 .022 5 -- -- --

VIII. Avoidance and Minimization

The project was designed to minimize direct and indirect adverse effects to aquatic resources within the project area. While the project will result in temporary adverse effects to aquatic resources during construction, the long-term permanent effects to aquatic resources will be beneficial and will increase or preserve the functions and values of the streams and wetlands.

Direct effects to waters of the U.S. include channel substrate disturbance during culvert cleaning, revet mattress installation, and culvert end section installation will result in temporary impacts to during construction and a permanent change to channel substrate.

Revet mattress installation will reduce scour and erosion of the stream channels thereby decreasing sediment transport downstream. The installation of a culvert end section will decrease flow velocities and scour force to prevent channel headcutting into the upstream wetland. Therefore, this project will result in acute adverse effects during construction, and prolonged beneficial effects to waters of the U.S. once the project is complete.

IX. Compensatory Mitigation No compensatory mitigation is required for permanent impacts less than 0.1 acre.

X. California Environmental Quality Act (CEQA)

The Central Valley Water Board has determined that the Project is exempt from review under CEQA pursuant to California Code of Regulations, title 14, section 15061. Specifically, the issuance of this Order and the activities described herein meet the exemption criteria under California Code of Regulations, title 14, section(s) 15301 -Existing Facilities.

1 Includes only temporary direct impacts to waters of the state and does not include upland areas of temporary disturbance which could result in a discharge to waters of the state.

2 Cubic Yards (CY); Linear Feet (LF)

Additionally, the Central Valley Water Board concludes that no California Code of Regulations, title 14, section exceptions to the CEQA exemption apply to the activities approved by this Order.

The Central Valley Water Board will file a Notice of Exemption with the State Clearinghouse within five (5) working days from the issuance of this Order. (Cal. Code Regs., tit. 14, § 15062.)

XI. Petitions for Reconsideration

Any person aggrieved by this action may petition the State Water Resources Control Board to reconsider this Order in accordance with California Code of Regulations, title 23, section 3867. A petition for reconsideration must be submitted in writing and received within 30 calendar days of the issuance of this Order.

XII. Fees Received

Federal dischargers involved in Dredge and Fill Operations only are not subject to permit fees as required by § 3833(b)(3)(A) and § 2200(a)(3) of the California Code of Regulations.

XIII. Conditions

The Central Valley Water Board has independently reviewed the record of the Project to analyze impacts to water quality and designated beneficial uses within the watershed of the Project. In accordance with this Order, the Permittee may proceed with the Project under the following terms and conditions:

A. Authorization

Impacts to waters of the state shall not exceed quantities shown in Table 1.

B. Reporting and Notification Requirements

The following section details the reporting and notification types and timing of submittals.

Requirements for the content of these reporting and notification types are detailed in Attachment D, including specifications for photo and map documentation during the Project. Written reports and notifications must be submitted using the Reporting and Notification Cover Sheet located in Attachment D, which must be signed by the Permittee or an authorized representative.

The Permittee must submit all notifications, submissions, materials, data, correspondence, and reports in a searchable Portable Document Format (PDF). Documents less than 50 MB must be emailed to: centralvalleyfresno@waterboards.ca.gov.

In the subject line of the email, include the Central Valley Water Board Contact, Project name, and WDID. Documents that are 50 MB or larger must be transferred to a disk and mailed to the Central Valley Water Board Contact.

1. Project Reporting

a. Annual Reporting: The Permittee shall submit an Annual Report each year on the 1st day of the month one year after the effective date of the Certification.

Annual reporting shall continue until a Notice of Project Complete Letter is issued to the Permittee.

mailto:centralvalleyfresno@waterboards.ca.gov

2. Project Status Notifications

a. Commencement of Construction: The Permittee shall submit a Commencement of Construction Report at least seven (7) days prior to start of initial ground disturbance activities.

b. Request for Notice of Project Complete Letter: The Permittee shall submit a Request for Notice of Project Complete Letter when construction and/or any post-construction monitoring is complete,3 and no further Project activities will occur.

This request shall be submitted to Central Valley Water Board staff within thirty

(30) days following completion of all Project activities. Upon approval of the request, the Central Valley Water Board staff shall issue a Notice of Project Complete Letter to the Permittee which will end the post discharge monitoring period and associated annual fees.

3. Conditional Notifications and Reports: The following notifications and reports are required as appropriate.

a. Accidental Discharges of Hazardous Materials4 Following an accidental discharge of a reportable quantity of a hazardous material, sewage, or an unknown material, the following applies (Wat. Code, § 13271):

As soon as (A) Permittee has knowledge of the discharge or noncompliance, (B) notification is possible, and (C) notification can be provided without substantially impeding cleanup or other emergency measures then:

first call – 911 (to notify local response agency) then call – Office of Emergency Services (OES) State Warning Center at:(800) 852-7550 or (916) 845-8911

Lastly follow the required OES procedures as set forth in:

http://www.caloes.ca.gov/FireRescueSite/Documents/CalOES- Spill_Booklet_Feb2014_FINAL_BW_Acc.pdf

i. Following notification to OES, the Permittee shall notify Central Valley Water Board, as soon as practicable (ideally within 24 hours). Notification may be via delivered written notice, email, or other verifiable means in accordance with section XIII.B.

ii. Within five (5) working days of notification to the Central Valley Water Board, the Permittee must submit an Accidental Discharge of Hazardous Material Report.

3 Completion of post-construction monitoring shall be determined by Central Valley Water Board staff and shall be contingent on successful attainment of restoration and mitigation performance criteria.

4 "Hazardous material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous waste, and any material that a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. (Health & Saf. Code, § 25501.)

Amendment A001 4/20/2017 http://www.caloes.ca.gov/FireRescueSite/Documents/CalOES-Spill_Booklet_Feb2014_FINAL_BW_Acc.pdf http://www.caloes.ca.gov/FireRescueSite/Documents/CalOES-Spill_Booklet_Feb2014_FINAL_BW_Acc.pdf

b. Violation of Compliance with Water Quality Standards: The Permittee shall notify the Central Valley Water Board of any event causing a violation of compliance with water quality standards. Notification may be delivered via written notice, email, or other verifiable means in accordance with section XIII.B.

i. This notification must be followed within three (3) working days by submission of a Violation of Compliance with Water Quality Standards Report.

c. In-Water Work and Diversions

i. The Permittee shall notify the Central Valley Water Board at least forty-eight

(48) hours prior to initiating work in water or stream diversions. Notification may be delivered via written notice, email, or other verifiable means in accordance with section XIII.B.

ii. Within three (3) working days following completion of work in water or stream diversions, an In-Water Work/Diversions Water Quality Monitoring Report must be submitted to Central Valley Water Board staff.

d. Modifications to Project Project modifications may require an amendment of this Order. The Permittee shall give advance notice to Central Valley Water Board staff if Project implementation as described in the application materials is altered in any way or by the imposition of subsequent permit conditions by any local, state or federal regulatory authority by submitting a Modifications to Project Report. The Permittee shall inform Central Valley Water Board staff of any Project modifications that will interfere with the Permittee’s compliance with this Order. Notification may be made in accordance with conditions in the certification deviation attachment of this Order.

C. Water Quality Monitoring

1. General: Continuous visual surface water monitoring shall be conducted during active construction periods to detect accidental discharge of construction related pollutants (e.g. oil and grease, turbidity plume, or uncured concrete). The Permittee shall perform surface water sampling:

a. when performing any in-water work;

b. during the entire duration of temporary surface water diversions;

c. in the event that the Project activities result in any materials reaching surface waters; or

d. when any activities result in the creation of a visible plume in surface waters.

2. Accidental Discharges/Noncompliance: Upon occurrence of an accidental discharge of hazardous materials or a violation of compliance with a water quality standard, Central Valley Water Board staff may require water quality monitoring based on the discharge constituents and/or related water quality objectives and beneficial uses.

3. In-Water Work or Diversions:

During planned in-water work or during the entire duration of temporary water diversions, any discharge(s) to waters of the state shall conform to the following water quality standards:

a. Activities shall not cause visible oil, grease, or foam in the receiving water.

b. Activities shall not cause the pH in surface waters to be depressed below 6.5 nor raised above 8.3.

c. Activities shall not cause turbidity increases in surface water to exceed:

i. where natural turbidity is between 0 and 5 Nephelometric Turbidity Units (NTUs), increases exceeding 1 NTU;

ii. where natural turbidity is between 5 and 50 NTUs, increases exceeding 20 percent;

iii. where natural turbidity is between 50 and 100 NTUs, increases exceeding 10 NTUs;

iv. where natural turbidity is greater than 100 NTUs, increases exceeding 10 percent.

Appropriate averaging periods may be applied, provided that beneficial uses will be fully protected. Averaging periods may only be used with prior permission of the Central Valley Water Board Executive Officer.

d. Activities shall not cause settleable matter to exceed 0.1 mL/L in surface waters as measured in surface waters within 300 feet downstream of the Project.

Sampling during in-water work or during the entire duration of temporary water diversions shall be conducted in accordance with Table 2 sampling parameters.5 The sampling requirements in Table 2 shall be conducted upstream out of the influence of the Project, and approximately 300 feet downstream of the work area.

The sampling frequency may be modified for certain projects with written approval from Central Valley Water Board staff. A surface water monitoring report, as described in Attachment D, shall be submitted within two weeks on initiation of in-water construction, and every two weeks thereafter. In reporting the data, the Permittee shall arrange the data in tabular form so that the sampling locations, date, constituents, and concentrations are readily discernible. The data shall be summarized in such a manner to illustrate clearly whether the Project complies with Order requirements. The report shall include surface water sampling results, visual observations, and identification of the turbidity increase in the receiving water applicable to the natural turbidity conditions specified in the turbidity criteria in XIII.C.3.c.

If no sampling is required, the Permittee shall submit a written statement stating, “No sampling was required” within two weeks on initiation of in-water construction, and every two weeks thereafter.

5 Pollutants shall be analyzed using the analytical methods described in 40 Code of Federal Regulations Part 136; where no methods are specified for a given pollutant, the method shall be approved by Central Valley Water Board staff. Grab samples shall be taken between the surface and mid-depth and not be collected at the same time each day to get a complete representation of variations in the receiving water.

A hand-held field meter may be used, provided the meter utilizes a U.S. EPA-approved algorithm/method and is calibrated and maintained in accordance with the manufacturer’s instructions. A calibration and maintenance log for each meter used for monitoring shall be maintained onsite.

Table 2: Sample Type and Frequency Requirements

Parameter Unit of Measurement

Type of Sample

Minimum Frequency

Oil and Grease N/A Visual Continuous pH Standard Units Grab Every 4 hours

Turbidity NTU Grab Every 4 hours Settleable Material ml/L Grab Every 4 hours

4. Post-Construction: Visually inspect the Project site during the rainy season for one year after construction ends to ensure excessive erosion, stream instability, or other water quality pollution is not occurring in or downstream of the Project site. If water quality pollution is occurring, contact the Central Valley Water Board staff member overseeing the Project within three (3) working days. The Central Valley Water Board may require the submission of a Violation of Compliance with Water Quality Standards Report. Additional permits may be required to carry out any necessary site remediation.

D. Standard

1. This Order is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Water Code section 13330, and California Code of Regulations, title 23, chapter 28, Article 6 commencing with sections 3867-3869, inclusive. Additionally, the Central Valley Water Board reserves the right to suspend, cancel, or modify and reissue this Order, after providing notice to the Permittee, if the Central Valley Water Board determines that: the Project fails to comply with any of the conditions of this Order; or, when necessary to implement any new or revised water quality standards and implementation plans adopted or approved pursuant to the Porter-Cologne Water Quality Control Act (Wat. Code, § 13000 et seq.)

or federal Clean Water Act section 303 (33 U.S.C. § 1313). For purposes of Clean Water Act section 401(d), the condition constitutes a limitation necessary to assure compliance with water quality standards and appropriate requirements of state law.

2. This Order is not intended and shall not be construed to apply to any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license, unless the pertinent certification application was filed pursuant to subsection 3855(b) of chapter 28, title 23 of the California Code of Regulations, and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought.

3. This Order is conditioned upon total payment of any fee required under title 23 of the California Code of Regulations and owed by the Permittee.

4. In the event of any violation or threatened violation of the conditions of this Order, the violation or threatened violation shall be subject to any remedies, penalties, process, or sanctions as provided for under state and federal law. For purposes of Clean Water Act, section 401(d), the applicability of any state law authorizing remedies, penalties, processes, or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this Order.

E. General Compliance

1. Failure to comply with any condition of this Order shall constitute a violation of the Porter-Cologne Water Quality Control Act and the Clean Water Act. The Permittee and/or discharger may then be subject to administrative and/or civil liability pursuant to Water Code section 13385.

2. Permitted actions must not cause a violation of any applicable water quality standards, including impairment of designated beneficial uses for receiving waters as adopted in the Basin Plans by any applicable Central Valley Water Board or any applicable State Water Board (collectively Water Boards) water quality control plan or policy. The source of any such discharge must be eliminated as soon as practicable.

3. In response to a suspected violation of any condition of this Order, the Central Valley Water Board may require the holder of this Order to furnish, under penalty of perjury, any technical or monitoring reports the Water Boards deem appropriate, provided that the burden, including costs, of the reports shall bear a reasonable relationship to the need for the reports and the benefits to be obtained from the reports. The additional monitoring requirements ensure that permitted discharges and activities comport with any applicable effluent limitations, water quality standards, and/or other appropriate requirement of state law.

4. The Permittee must, at all times, fully comply with engineering plans, specifications, and technical reports submitted to support this Order; and all subsequent submittals required as part of this Order. The conditions within this Order and Attachments supersede conflicting provisions within Permittee submittals.

5. This Order and all of its conditions contained herein continue to have full force and effect regardless of the expiration or revocation of any federal license or permit issued for the Project. For purposes of Clean Water Act, section 401(d), this condition constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements of state law.

6. Construction General Permit Requirement: The Permittee shall maintain compliance with conditions described in, and required by, NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ; NPDES No. CAS000002).

F. Administrative

1. Signatory requirements for all document submittals required by this Order are presented in Attachment E of this Order.

2. This Order does not authorize any act which results in the taking of a threatened, endangered or candidate species or any act, which is now prohibited, or becomes prohibited in the future, under either the California Endangered Species Act (Fish & G.

Code, §§ 2050-2097) or the federal Endangered Species Act (16 U.S.C. §§ 1531- 1544). If a “take” will result from any act authorized under this Order held by the Permittee, the Permittee must obtain authorization for the take prior to any construction or operation of the portion of the Project that may result in a take. The Permittee is responsible for meeting all requirements of the applicable endangered species act for the Project authorized under this Order.

3. The Permittee shall grant Central Valley Water Board staff, or an authorized representative (including an authorized contractor acting as a Water Board representative), upon presentation of credentials and other documents as may be required by law, permission to:

a. Enter upon the Project or compensatory mitigation site(s) premises where a regulated facility or activity is located or conducted, or where records are kept.

b. Have access to and copy any records that are kept and are relevant to the Project or the requirements of this Order.

c. Inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order.

d. Sample or monitor for the purposes of assuring Order compliance.

4. A copy of this Order shall be provided to any consultants, contractors, and subcontractors working on the Project. Copies of this Order shall remain at the Project site for the duration of this Order. The Permittee shall be responsible for work conducted by its consultants, contractors, and any subcontractors.

5. A copy of this Order must be available at the Project site(s) during construction for review by site personnel and agencies. All personnel performing work on the Project shall be familiar with the content of this Order and its posted location at the Project site.

G. Construction

1. Dewatering

a. For any temporary dam or other artificial obstruction being constructed, maintained, or placed in operation, sufficient water shall at all times be allowed to pass downstream, to maintain beneficial uses of waters of the state below the dam.

b. The temporary dam or other artificial obstruction shall only be built from clean materials such as sandbags, gravel bags, water dams, or clean/washed gravel which will cause little or no siltation. Stream flow shall be temporarily diverted using gravity flow through temporary culverts/pipes or pumped around the work site with the use of hoses.

c. If water is present, the area must be dewatered prior to start of work.

d. This Order does not allow permanent water diversion of flow from the receiving water. This Order is invalid if any water is permanently diverted as a part of the project.

2. Good Site Management “Housekeeping”

a. The Permittee shall develop and maintain onsite a project-specific Spill Prevention, Containment and Cleanup Plan outlining the practices to prevent, minimize, and/or clean up potential spills during construction of the Project. The Plan must detail the Project elements, construction equipment types and location, access and staging and construction sequence. The Plan must be made available to the Central Valley Water Board staff upon request.

b. Refueling of equipment within the floodplain or within 300 feet of the waterway is prohibited. If critical equipment must be refueled within 300 feet of the waterway, spill prevention and countermeasures must be implemented to avoid spills.

Refueling areas shall be provided with secondary containment including drip pans and/or placement of absorbent material. No hazardous materials, pesticides, fuels, lubricants, oils, hydraulic fluids, or other construction-related potentially hazardous substances should be stored within a floodplain or within 300 feet of a waterway.

The Permittee must perform frequent inspections of construction equipment prior to utilizing it near surface waters to ensure leaks from the equipment are not occurring and are not a threat to water quality.

c. All materials resulting from the Project shall be removed from the site and disposed of properly.

3. Hazardous Materials

a. The discharge of petroleum products, any construction materials, hazardous materials, pesticides, fuels, lubricants, oils, hydraulic fluids, raw cement, concrete or the washing thereof, asphalt, paint, coating material, drilling fluids, or other substances potentially hazardous to fish and wildlife resulting from or disturbed by project-related activities is prohibited and shall be prevented from contaminating the soil and/or entering waters of the state.

b. Concrete must be completely cured before coming into contact with waters of the United States and waters of the state. Surface water that contacts wet concrete must be pumped out and disposed of at an appropriate off-site commercial facility, which is authorized to accept concrete wastes.

4. Sediment Control

a. Except for activities permitted by the United States Army Corps of Engineers under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, soil, silt, or other organic materials shall not be placed where such materials could pass into surface water or surface water drainage courses.

b. Silt fencing, straw wattles, or other effective management practices must be used along the construction zone to minimize soil or sediment along the embankments from migrating into the waters of the state through the entire duration of the Project.

c. The use of netting material (e.g., monofilament-based erosion blankets) that could trap aquatic dependent wildlife is prohibited within the Project area.

5. Stabilization/Erosion Control

a. All areas disturbed by Project activities shall be protected from washout and erosion.

b. Hydroseeding shall be performed with California native seed mix.

6. Storm Water

a. During the construction phase, the Permittee must employ strategies to minimize erosion and the introduction of pollutants into storm water runoff. These strategies must include the following:

i. The Storm Water Pollution Prevention Plan must be prepared during the Project planning and design phases and implemented, as appropriate, before construction; and

ii. An effective combination of erosion and sediment control Best Management Practices (BMPs) must be implemented and adequately working prior to the rainy season and during all phases of construction.

H. Mitigation for Temporary Impacts

1. The Permittee shall restore all areas of temporary impacts, including Project site upland areas, which could result in a discharge to waters of the state to pre-construction contours and conditions upon completion of construction activities.

I. Certification Deviation

1. Minor modifications of Project locations or predicted impacts may be necessary as a result of unforeseen field conditions, necessary engineering re-design, construction concerns, or similar reasons. Some of these prospective Project modifications may have impacts on water quality. Some modifications of Project locations or predicted impacts may qualify as Certification Deviations as set forth in Attachment F. For purposes of this Certification, a “Certification Deviation” is a Project locational or impact modification that does not require an immediate amendment of the Order, because the Central Valley Water Board has determined that any potential water quality impacts that may result from the change are sufficiently addressed by the Order conditions and the CEQA Findings. After the termination of construction, this Order will be formally amended to reflect all authorized Certification Deviations and any resulting adjustments to the amount of water resource impacts and required compensatory mitigation amounts.

2. A Project modification shall not be granted a Certification Deviation if it warrants or necessitates changes that are not addressed by the Order conditions or the CEQA environmental document such that the Project no longer qualifies for a categorical exemption. In this case a supplemental environmental review and different Order will be required.

XIV. Water Quality Certification

I hereby issue the Order for the CA FTNP SEKI 10(10) - Generals Highway Project, 5C54CR00093, certifying that as long as all of the conditions listed in this Order are met, any discharge from the referenced Project will comply with the applicable provisions of Clean Water Act sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards).

The Central Valley Water Board will file a Notice of Exemption (NOE) at the State Clearinghouse within five (5) working days of issuance of this Order. This discharge is also regulated pursuant to State Water Board Water Quality Order No. 2003-0017-DWQ which authorizes this Order to serve as Waste Discharge Requirements pursuant to the Porter- Cologne Water Quality Control Act (Wat. Code, § 13000 et seq.).

CA FTNP SEKI 10(10) - Gen·erals Highway Project Reg. Meas. ID: 411377

Except insofar as may be modified by any preceding conditions, all Order actions are contingent on: (a) the discharge being limited and all proposed mitigation being completed in strict compliance with the conditions of this Order and the attachments to this Order; and, (b) compliance with all applicable requirements of Statewide Water Quality Control Plans and Policies, and the Regional Water Boards' Water Quality Control Plans and Policies.

/1 ?Pamela C. Creedon

W Executive Officer Central Valley Regional Water Quality Control Board

Project Map

Oat~'

Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F

Receiving Waters, Impact, and Mitigation Information CEQA Findings of Facts Report and Notification Requirements Signatory Requirements Certification Deviation Procedures

Attachment A Project Maps

Attachment A Place ID: 831861

Attachment B Receiving Waters, Impact and Mitigation Information

Attachment B- Receiving Water, Impact and Mitigation Information Place ID: 831861

Receiving Waters The following table shows the receiving waters associated with each impact site.

Table 1: Receiving Water(s) Information

Site ID Waterbody Name

Impacted Aquatic

Resource Type

Water Board

Hydrologic Units

Receiving Waters Receiving Waters Beneficial Uses

303d Listing Pollutant

CRAM

AA ID6

S-703+44

Intermittent Channel

Streambed

533.41

Marble Fork, Kaweah River

MUN, POW, REC-

1, REC-2, WARM,

COLD, RARE,

FRSH, SPWN,

WILD

N/A

W-13+44 Emergent Wetland Wetland 533.41

COLD, RARE,

W-56+70 Emergent Wetland Wetland 533.41

COLD, RARE,

6 California Rapid Assessment Method (CRAM) score of impacted sites provided by the Permittee.

Attachment B- Receiving Water, Impact and Mitigation Information Place ID: 831861

Individual Direct Impact Locations

The following table shows individual impact…