TRI-DAM PROJECT

Of the South San Joaquin & Oakdale Irrigation Districts

Tri-Dam Project (TDP): Outline of the Encroachment Permit Process

All waterfront property owners seeking to modify, install, or perform construction at elevations of 515 feet and below must comply with the Tri-Dam Project's permit requirements, as mandated by the Federal Energy

Regulatory Commission (FERC). Applicants are responsible for familiarizing themselves with project conditions, ensuring compliance with current SMP conditions, and obtaining necessary permits from local, state, and federal agencies.

1. Application Submission Encroachment Permit Application:

o Required Documents:

Completed Application Encroachment+Permit+Application+Form.pdf Two (2) full-size site plans (24” x 36”) with original wet stamps.

One (1) 11” x 17” copy of the site plan.

Two copies of Structural calculations, if applicable.

Two copies of Design documents, if applicable.

Two copies of product specifications for docks, personal watercraft ports, etc., if applicable.

o Site Plan Requirements:

Prepared by a Licensed Land Surveyor or Civil Engineer using the Benchmark at the Dam and Reservoir water level.

Must include:

Property dimensions and lines.

510' and 515' contour elevation lines along the reservoir frontage, with additional contour lines shown in 5' increments.

A clear depiction of existing and proposed facilities. If excavation is involved, slopes must not exceed 1.5:1, and cross-sections must be provided. Plans should show measures taken to mitigate potential impacts to the reservoir.

Project site location in relation to adjacent properties.

Certification from a Structural or Civil Engineer ensuring the facilities are structurally secure.

o Permit Fees and Performance Deposit:

Application fee and performance deposit due upon submission. The performance deposit will be cashed when the permit is issued and retained until project completion.

The Permit Deposit shall be held by Tri-Dam until installation of the permitted encroachments is complete and have passed final inspection by Tri-Dam personnel.

Note: A performance deposit does not apply to bottom barrier applications.

Incomplete applications will receive an email (if provided on the application) or U.S.

mail notifications regarding the additional documentation that is required.

List of fees can be found here: Tulloch Reservoir Permit Fees - Tri-Dam Project

Concurrent Requirements:

o Applicants are advised to submit project information and material to other required agencies concurrently with their Tri-Dam application including their respective County Building Department, United States Army Corps of Engineers, California State Water Boards - Regional Water Quality Control Board, and relevant Homeowners Associations. (See Item No. 8).

o All applications for Tulloch require clearance from the California Department of Fish & Wildlife before work begins.

Note: Final inspection won’t be passed if partnering agency applications have not been completed.

https://www.tridamproject.com/files/27f743a95/Encroachment+Permit+Application+Form.pdf https://www.tridamproject.com/tulloch-reservoir-permit-fees

TDP: Outline of the Encroachment Permit Process

2. Following Application Submission:

Review Process: TDP will review the application, site plans, past permits, and ensure compliance with the Shoreline Management Plan (SMP). (See Item No. 7 for a list of requirements).

Field Review: TDP conducts a field review, including site photographs and condition assessments.

If no issues arise, TDP prepares a draft permit. If questions arise, the applicant or point of contact will be contacted for further information.

3. Permit Issuance:

Following Field Review, TDP will send the following documents to the property owner’s mailing address for signature. Items #2 and #3 must be returned to TDP.

The point of contact (engineer, contractor, or point of contact) will receive a copy of only the cover letter. It is essential for property owners to read all documents carefully, as they contain specific conditions that must be met.

1. Cover letter with instructions.

2. Encroachment permit.

3. Hold Harmless and Indemnification Agreement (notarized signatures required for all authorized signers).

4. Exhibit A: Site plans with Tri-Dam assigned permit number for the applicant's records.

5. Exhibit B: California Department of Fish & Wildlife agreement for the applicant's records.

4. Post-Issuance Requirements Upon receiving the signed encroachment permit and notarized agreement, TDP will execute the permit and return an executed permit copy to the property owners and point of contact.

The applicant/contractor/point of contact is then required to contact Tri-Dam Project prior to the initiation of excavation and/or construction so that compliance with project conditions can be verified by site inspection. Compliance with all other agency permit conditions must also be demonstrated, and copies of all other agency approvals must also be submitted prior to the start of construction.

The facility may be inspected periodically for compliance with project conditions, the FERC order and any other Tri-Dam requirements noted within the specific permit.

Applicant/contractor/point of contact must submit copies of all partnering agency approval letters and obtain inspections as outlined in the conditions of approval, following their processes both prior to and upon completion of work.

5. Modifications and Extension of Time

Any changes, modifications, or additions during the project require a request for a modification application and approval. The same criteria outlined in the initial application submission are required, along with a modification permitting fee.

Extension of Time: The construction of any facility must be completed as described in the approved permit and within 12 months from the date of permit approval by the Tri-Dam Project. Onlyone 1-year extension may be considered if the applicant files a written request with the Tri-Dam Project prior to the original permit expiration date. An extension of time permitting fee will be required.

Additional conditions may be imposed as needed.

Modification form: Encroachment+Permit+Application+Form.pdf Extension of Time form: Encroachment+Permit+Extension+of+Time+Request+Form.pdf

6. Final Inspection

TDP performs a final inspection and sends notification of a successful or non-successful completion to the applicant and contractor or point of contact.

If the final inspection passes, the performance deposit is returned within thirty (30) days of final inspection approval.

If the final inspection does not pass, the applicant will need to resolve and/or complete any necessary requirements. Should the permit be close to the expiration date, the property owner may need to file an extension of time to avoid forfeiting the performance deposit.

https://www.tridamproject.com/files/f1ceba2eb/Encroachment+Permit+Extension+of+Time+Request+Form.pdf

7. Shoreline Management Plan (SMP) Private Facilities Criteria:

All SMP criteria for private facilities must be followed and met with submitting an application:

o Facilities must be located as close to the shoreline as possible and shall not extend more than 40 feet from the reservoir's normal maximum water surface elevation (NMWSE).

Extensions beyond 40 feet may be considered if environmental factors, such as topography or terrain, demonstrate necessity and do not obstruct access to adjacent parcels or public reservoir use.

o Reflectors must be placed on the two furthest corners of any dock structure extending into the water.

o Fixed pier decking must be at least 1 foot above the reservoir NMWSE. No part of the structure will be approved for habitation due to potential inundation.

o Floatation materials, if used, must be puncture-resistant and designed to remain buoyant if punctured.

o Structures within the FERC Project Boundary must not include sinks, toilets, showers, or any devices that could discharge waste into the reservoir.

o Gazebos, boat shelters, and boathouses cannot have enclosed sides; handrails may be installed but must not enclose the structure.

o The maximum allowed docking area for single-family residential facilities is 440 square feet for slip-type docks and 400 square feet for platform docks. Two personal watercraft ports not exceeding 70 square feet each are permitted. Any awning must not exceed the dock footprint, excluding watercraft ports, and overhangs or side enclosures are not allowed.

o Two-story docks are prohibited.

o Facilities must be set back from property lines according to county zoning regulations.

o Only one non-stackable boat lift is permitted per single-family residential dock.

To review the entire SMP visit: 2015_SMP_FERC.pdf

8. Partnering Agencies: Depending on the type of project you are hoping to accomplish within the Tulloch Project boundaries, other governing agencies may require additional permits. If required, these other permits must be obtained before construction can begin. It is recommended to reach out to each agency to determine if a permit is required. Documentation is required to be submitted to TDP.

Below is a list of agencies that often require an issued permit for common projects like docks, decks, excavation, rip-rap, retaining walls, etc., within the project boundary of Tulloch Reservoir.

• California Department of Fish & Wildlife o Lake & Streambed Alteration (LSA) Agreement

Lake and Streambed Alteration Program (ca.gov)

• United States Army Corps of Engineers o 404 Clean Water Act Permit Obtain a Permit (army.mil)

• California State Water Boards - Regional Water Quality Control Board o 401 Water Quality Certification

401 Water Quality Certification and Wetlands Program | California State Water Resources Control Board

• Calaveras County o Building Permit

Building Department (calaverasgov.us) o Grading Permit

Permits and Inspections (calaverasgov.us)

• Tuolumne County o Building Permit Building Division | Tuolumne County, CA - Official Website o Grading Permit Permit Applications and Forms | Tuolumne County, CA - Official Website

Each agency may have different regional points of contact based on whether your property is in Tuolumne or Calaveras County.

https://www.tridamproject.com/files/c3f31be40/2015_SMP_FERC.pdf https://wildlife.ca.gov/Conservation/Environmental-Review/LSA https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Obtain-a-Permit/#RegProgPermits https://www.waterboards.ca.gov/water_issues/programs/cwa401/ https://www.waterboards.ca.gov/water_issues/programs/cwa401/ https://building.calaverasgov.us/ https://publicworks.calaverasgov.us/Public-Works/Permits-and-Inspections https://www.tuolumnecounty.ca.gov/171/Building-Division https://www.tuolumnecounty.ca.gov/1301/Permit-Applications-and-Forms

Contractor Requirements

All work on the project must be performed by a licensed contractor. The applicant is responsible for verifying the contractor's current license status through the California State Licensing Board (CSLB) at www.cslb.ca.gov. Tri-Dam reserves the right to request license verification when necessary. For any electrical work performed at or below the 515’ contour, the contractor must provide a letter confirming their license number. If electrical facilities are installed at or below the 515’ contour, the permit holder must submit confirmation from a licensed electrical contractor that all installations comply with the

National Electrical Code (NEC) before final inspection approval.

Water Level Considerations

Tulloch Reservoir is subject to fluctuating water levels. Property owners must ensure that facilities are designed during and after project completion to accommodate these fluctuations, considering high and low water conditions that may affect their facilities.

Tri-Dam’s goal is to administer a straightforward and efficient permitting process, while also adhering to FERC directives, environmental considerations and the regulatory authority of other local, State and Federal agencies who also may also have jurisdiction based upon the specific project.

We understand that navigating these regulations and the complexities of development along a reservoir can be challenging. Tri-Dam welcomes you to reach out with any questions about the permitting process.

Please contact Tracey McKnight, Compliance Coordinator, at tmcknight@tridamproject.com or (209) 965- 3996, ext. 148 for further assistance.

Additional Permits offered by Tri-Dam Project:

Bottom Barrier Mats Application: The bottom barrier mats are intended to manage Eurasian watermilfoil and/or Brazilian elodea (Egeria) on your property. By installing bottom barrier mats, you create a physical barrier that blocks sunlight from reaching the plants' roots, effectively inhibiting their growth and spread.

For more information visit: Vegetation+Management+Bottom+Barrier+Instructions+REV.pdf

To apply for a bottom barrier mat installation at Tulloch, complete the Tulloch Encroachment Permit Application Form Encroachment+Permit+Application+Form.pdf and submit a site plan showing your property, include documentation ie description and photos of presence of vegetation on your property, show existing facilities within the FERC project boundary, and the location of the proposed mats.

The application fee is $300 (no performance deposit required). The mats, which cannot exceed 800 square feet, should be placed under docks or in navigation channel areas to improve navigability, with shoreline vegetation preserved. The mats must remain within your property boundaries, and Tri-Dam will determine the managed area.

Additionally, it is the responsibility of the property owner to monitor the mats periodically and annually to prevent sediment buildup and ensure no safety hazards to boaters, swimmers, or wildlife. Failure to maintain the mats, leading to safety concerns, will require reimbursement to Tri-Dam for removal costs.

Note: Herbicides or chemical treatments are not authorized at Tulloch.

http://www.cslb.ca.gov/ https://www.tridamproject.com/files/ebb9867c1/Vegetation+Management+Bottom+Barrier+Instructions+REV.pdf