A07.02_-_Atch_8_-_Govt_Obtained_Permits-Authorizations-Agreements_set.pdf

Permit/Authorization Full Title Date Approved

404(b)(1) Compliance Eval.

USACE § 404(b)(1) Clean Water Act compliance evaluation (associated with SBPFS Final EIR/SEIS, USACE 2013)

Oct 2013

401 WQ Cert § 401 Water Quality Certificate - Central Valley Regional Water Quality Control Board

27 Jul 2018

B.O. (6/2016) USFWS § 7 Biological Opinion 20 Jun 2016 NMFS Concurrence NMFS § 7 Concurrence Letter 26 Sep 2013

CDFW 1602 SAA

CDFW 1602 (or 1600) Streambed Alteration Agreement

9 Aug 2018

CDFW ITP

CDFW 2081 Incidental Take Permit - Amendment #4 (extension requested March 2018)

27 Apr 2018

27 July 2018

David G. Ray CERTIFIED MAIL U.S. Army Corps of Engineers 91 7199 9991 7039 7041 5316 1325 J Street Sacramento, CA 95814

CLEAN WATER ACT SECTION 401 TECHNICALLY CONDITIONED WATER QUALITY

CERTIFICATION; U.S. ARMY CORPS OF ENGINEERS, SUTTER BASIN FLOOD RISK

MANAGEMENT PROJECT – CYPRESS AVENUE TO TUDOR ROAD (WDID#5A51CR00104),

SUTTER COUNTY

This Order responds to the 19 April 2018 application submitted by U.S. Army Corps of Engineers (Applicant) for the Water Quality Certification of the Sutter Basin Flood Risk Management Project – Cypress Avenue to Tudor Road (Project), temporarily impacting 0.019 acre/96 linear feet of waters of the United States.

This Order serves as certification of the United States Army Corps of Engineers’ Section 404(b)(1) Water Quality Evaluation under Section 401 of the Clean Water Act, and a Waste Discharge Requirement under the Porter-Cologne Water Quality Control Act and State Water Board Order 2003-0017-DWQ.

WATER QUALITY CERTIFICATION STANDARD CONDITIONS:

1. This Order serves as a Water Quality Certification (Certification) action that is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Section 13330 of the California Water Code and Section 3867 of the California Code of Regulations.

2. This Certification action is not intended and shall not be construed to apply to any discharge from 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 Section 3855(b) of the California Code of Regulations, and the application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought.

3. The validity of any non-denial Certification action shall be conditioned upon total payment of the full fee required under Section 3860(c) of the California Code of Regulations.

4. This Certification is no longer valid if the Project (as described) is modified, or coverage under Section 404 of the Clean Water Act has expired.

U.S. Army Corps of Engineers - 2 - 27 July 2018 Sutter Basin Flood Risk Management Project – Cypress Ave to Tudor Rd

5. All reports, notices, or other documents required by this Certification or requested by the

Central Valley Regional Water Quality Control Board (Central Valley Water Board) shall be signed by a person described below or by a duly authorized representative of that person.

(a) For a corporation: by a responsible corporate officer such as: 1) a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function; 2) any other person who performs similar policy or decision-making functions for the corporation; or 3) the manager of one or more manufacturing, production, or operating facilities if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(b) For a partnership or sole proprietorship: by a general partner or the proprietor.

(c) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official.

6. Any person signing a document under Standard Condition number 5 shall make the following certification:

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

TECHNICAL CERTIFICATION CONDITIONS:

In addition to the above standard conditions, the Applicant shall satisfy the following:

1. The Applicant shall notify the Central Valley Water Board in writing seven (7) days in advance of the start of any work within waters of the United States.

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

3. The Applicant shall maintain a copy of this Certification and supporting documentation (Project Information Sheet) at the Project site during construction for review by site personnel and agencies. All personnel (employees, contractors, and subcontractors) performing work on the proposed Project shall be adequately informed and trained regarding the conditions of this Certification.

4. The Applicant shall perform surface water sampling1:

a) when performing any in-water work;

1 Sampling is not required in wetlands, where the entire wetland is being permanently filled; provided there is no outflow connecting the wetland to surface waters.

U.S. Army Corps of Engineers - 3 - 27 July 2018

b) in the event that Project activities result in any materials reaching surface waters; or

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

The sampling requirements in Table 1 shall be conducted by taking a sample of the ambient conditions before work begins in the work area, and sampling during work in the work area.

The sampling frequency may be modified for certain projects with written approval from Central Valley Water Board staff.

Table 1:

Parameter Unit Type of Sample

Minimum Sampling Frequency

Required Analytical Test

Method

Turbidity NTU Grab(1) Every 4 hours during in-water work

(2, 4)

Visible construction related pollutants (3) Observations Visual

Inspections

Continuous throughout the construction period

(1) Grab samples shall not be collected at the same time each day to get a complete representation of variations in the receiving water.

(2) 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.

(3) Visible construction-related pollutants include oil, grease, foam, fuel, petroleum products, and construction-related, excavated, organic or earthen materials.

(4) A hand-held field meter may be used, provided the meter utilizes a USEPA-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.

Surface water sampling shall occur at mid-depth. A surface water monitoring report shall be submitted within two weeks of initiation of in-water construction, and every two weeks thereafter. In reporting the sampling data, the Applicant 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 Certification 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 below.

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

5. The Central Valley Water Board adopted a Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, Fourth Edition, revised July 2016 (Basin Plan) that designates beneficial uses, establishes water quality objectives, and contains implementation programs and policies to achieve those objectives for all waters addressed through the plan. Turbidity limits are based on water quality objectives contained in the Basin Plan and are part of this Certification as follows:

U.S. Army Corps of Engineers - 4 - 27 July 2018

a) Waters shall not contain oils, greases, waxes, or other materials in concentrations that cause nuisance, result in a visible film or coating on the surface of the water or on objects in the water, or otherwise adversely affect beneficial uses.

b) Activities shall not cause turbidity increases in surface water to exceed:

i. where natural turbidity is less than 1 Nephelometric Turbidity Units (NTUs), controllable factors shall not cause downstream turbidity to exceed 2 NTUs;

ii. where natural turbidity is between 1 and 5 NTUs, increases shall not exceed 1 NTU;

iii. where natural turbidity is between 5 and 50 NTUs, increases shall not exceed

20 percent;

iv. where natural turbidity is between 50 and 100 NTUs, increases shall not exceed

10 NTUs; and

v. where natural turbidity is greater than 100 NTUs, increases shall not exceed

10 percent.

In determining compliance with the above limits, 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.

6. The Applicant shall notify the Central Valley Water Board immediately if the above criteria for turbidity or other water quality objectives are exceeded.

7. Work shall occur during periods of low water level (i.e., water level shall be below the construction area) and no precipitation.

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

9. 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 Applicant 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.

10. The Applicant 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.

11. The discharge of petroleum products, any construction materials, hazardous materials, pesticides, fuels, lubricants, oils, hydraulic fluids, raw cement, concrete, asphalt, paint, coating material, drilling fluids, or other construction-related potentially hazardous substances to surface water and/or soil is prohibited. In the event of a prohibited discharge, U.S. Army Corps of Engineers - 5 - 27 July 2018 the Applicant shall notify the Central Valley Water Board Contact within 24-hours of the discharge.

12. 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 United States through the entire duration of the Project.

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

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

15. All temporarily affected areas shall be restored to pre-construction contours and conditions upon completion of construction activities.

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

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

18. This Certification does not allow permanent water diversion of flow from the receiving water.

This Certification is invalid if any water is permanently diverted as a part of the project.

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

20. When work in a flowing stream is unavoidable and any temporary dam or other artificial obstruction is 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. Construction, dewatering, and removal of temporary cofferdams shall not violate Technical Certification Condition 5 of this Certification.

21. If any temporary dam or other artificial obstruction is constructed, 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.

22. The Applicant shall apply for a name change or amendment to this Certification should any of the following occur: a) a change in the ownership of all or any portion of the Project; b) any change in the Project description; c) any change involving discharge amounts, temporary impacts, or permanent impacts; or d) amendments, modifications, revisions, extensions, or changes to the United States Fish and Wildlife Service decision documents, or the California Department of Fish and Wildlife Streambed Alteration Agreement.

23. The Applicant shall comply with all United States Fish and Wildlife Service requirements, including those requirements described in the Biological Opinion (2013-F-0342-1).

U.S. Army Corps of Engineers - 6 - 27 July 2018

24. If Valley elderberry longhorn beetle are discovered within the Project area, the Applicant shall implement the United States Fish and Wildlife Conservation Guidelines for the Valley Elderberry Longhorn Beetle dated 9 July 1999.

25. If the Project will involve land disturbance activities of one or more acres, or where the Project disturbs less than one acre but is part of a larger common plan of development that in total disturbs one or more acres, the Applicant shall obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order No. 2009- 0009-DWQ for discharges to surface waters comprised of storm water associated with construction activity.

26. The Conditions in this Certification are based on the information in the attached “Project Information Sheet” and the application package. If the actual project, as described in the attached Project Information Sheet and application package, is modified or changed, this Certification is no longer valid until amended by the Central Valley Water Board.

27. The Applicant shall implement each of the mitigation measures specified in the certified Environmental Impact Report for the Project, as they pertain to biology, hydrology and water quality impacts as required by Section 21081.6 of the Public Resource Code and Section 15097 of the California Code of Regulations.

28. In the event of any violation or threatened violation of the conditions of this Certification, the violation or threatened violation shall be subject to any remedies, penalties, process, or sanctions as provided for under state and federal law. The applicability of any state law authorizing remedies, penalties, process, or sanctions for the violation or threatened violation constitutes a limitation necessary to ensure compliance with this Certification.

(a) If the Applicant or a duly authorized representative of the Project fails or refuses to furnish technical or monitoring reports, as required under this Certification, or falsifies any information provided in the monitoring reports, the applicant is subject to civil liability, for each day of violation, and/or criminal liability.

(b) In response to a suspected violation of any condition of this Certification, the Central Valley Water Board may require the Applicant to furnish, under penalty of perjury, any technical or monitoring reports the Central Valley Water Board deems appropriate, provided that the burden, including cost of the reports, shall be in reasonable relationship to the need for the reports and the benefits to be obtained from the reports.

(c) The Applicant shall allow the staff of the Central Valley Water Board, or an authorized representative(s), upon the presentation of credentials and other documents, as may be required by law, to enter the Project premises for inspection, including taking photographs and securing copies of project-related records, for the purpose of assuring compliance with this Certification and determining the ecological success of the Project.

U.S. Army Corps of Engineers - 7 - 27 July 2018

Project – Cypress Ave to Tudor Rd

NOTIFICATIONS AND REPORTS:

29. The Applicant shall provide a Notice of Completion (NOC) no later than 30 days after the

Project completion. The NOC shall demonstrate that the Project has been carried out in accordance with the Project description in the Certification and in any approved amendments. The NOC shall include a map of the Project location(s), including final boundaries of any on-site restoration area(s), if appropriate, and representative pre and post construction photographs. Each photograph shall include a descriptive title, date taken, photographic site, and photographic orientation.

30. The Applicant shall 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: centralvalleysacramento@waterboards.ca.gov. In the subject line of the email, include the Central Valley Water Board Contact, Project name, and WDID number as shown in the subject line above. Documents that are 50 MB or larger must be transferred to a disk and mailed to the Central Valley Water Board Contact.

CENTRAL VALLEY WATER BOARD CONTACT:

Nicholas White, Water Resource Control Engineer Central Valley Regional Water Quality Control Board 11020 Sun Center Drive, Suite 200 Rancho Cordova, CA 95670-8114 Nicholas.White@waterboards.ca.gov

(916) 464-4856

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

Sutter Butte Flood Control Agency is the Lead Agency responsible for compliance with the California Environmental Quality Act for the Sutter Basin Flood Risk Management Project – Cypress Avenue to Tudor Road pursuant to Section 21000 et seq. of the Public Resources Code. Sutter Butte Flood Control Agency certified the Environmental Impact Report and Statement of Overriding Considerations on 8 November 2018. The Sutter Butte Flood Control Agency filed a Notice of Determination with the State Clearinghouse on 9 November 2017 (SCH No. 2011052085).

The Central Valley Water Board is a responsible agency for the project. The Central Valley Water Board has determined that the Environmental Impact Report, and Statement of Overriding Considerations are in accordance with the requirements of the California Environmental Quality Act

The Central Valley Water Board has reviewed and evaluated the impacts to water quality identified in the Environmental Impact Report and Statement of Overriding Considerations. The mitigation measures discussed in the Environmental Impact Report to minimize project impacts to State waters are required by this Certification.

With regard to the remaining impacts identified in the Environmental Impact Report, the corresponding mitigation measures proposed are within the responsibility and jurisdiction of other public agencies.

U.S. Army Corps of Engineers - 8 - 27 July 2018

Project – Cypress Ave to Tudor Rd

WATER QUALITY CERTIFICATION:

I hereby issue an Order certifying that any discharge from the U.S. Army Corps of Engineers, Sutter Basin Flood Risk Management Project – Cypress Avenue to Tudor Road (WDID#5A51CR00104) will comply with the applicable provisions of Section 301 ("Effluent Limitations"), Section 302 ("Water Quality Related Effluent Limitations"), Section 303 ("Water Quality Standards and Implementation Plans"), Section 306 ("National Standards of Performance"), and Section 307 ("Toxic and Pretreatment Effluent Standards") of the Clean Water Act. Through this Order, this discharge is also regulated under State Water Resources Control Board Water Quality Order No. 2003-0017 DWQ “Statewide General Waste Discharge Requirements For Dredged Or Fill Discharges That Have Received State Water Quality Certification (General WDRs)“.

Except insofar as may be modified by any preceding conditions, all Certification actions are contingent on: a) the discharge being limited and all proposed mitigation being completed in compliance with the conditions of this Certification, U.S. Army Corps of Engineers’ application package, and the attached Project Information Sheet; and b) compliance with all applicable requirements of the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, Fourth Edition, revised July 2016.

Any person aggrieved by this action may petition the State Water Resources Control Board to review the action in accordance with California Water Code Section 13320 and California Code of Regulations, Title 23, Section 2050 and following. The State Water Resources Control Board must receive the petition by 5:00 p.m., 30 days after the date of this action, except that if the thirtieth day following the date of this action falls on a Saturday, Sunday, or state holiday, the petition must be received by the State Water Resources Control Board by 5:00 p.m. on the next business day. Copies of the law and regulations applicable to filing petitions may be found on the Internet at: http://www.waterboards.ca.gov/public_notices/petitions/water_quality or will be provided upon request.

Original Signed By:

Patrick Pulupa, Executive Officer

Enclosure: Project Information Sheet

Attachment: Figure 1 – Project Location and Vicinity cc: Distribution List, page 12

U.S. Army Corps of Engineers - 9 - 27 July 2018

PROJECT INFORMATION SHEET

Application Date: 19 April 2018

Applicant: David G. Ray

Applicant Representative: Wesley Wong

Project Name: Sutter Basin Flood Risk Management Project – Cypress Avenue to Tudor Road

Application Number: WDID#5A51CR00104

Date on Public Notice: 20 April 2018

Date Application Deemed Complete: 11 May 2018

Date All Information Received: 20 April 2018

Type of Project: Non-Bioengineered Channel Construction, Maintenance and/or Bank Stabilization

Approved Months of Project Implementation: The Project will be constructed 1 May through 1 October, or as otherwise required by the United States Fish and Wildlife Service, or Department of Fish and Wildlife.

Project Location: Along the Feather River west levee, between Cypress Avenue to Tudor Road in a non-sectioned portion of Sutter County.

Latitude: 38°58’22.7” N and Longitude: 121°35’25.4” W

County: Sutter County

Receiving Water(s) (hydrologic unit): Unnamed tributary of the Feather River, Sacramento Hydrologic Basin, Marysville Hydrologic Unit #515.20, Olivehurst HA

Water Body Type: Wetland

Designated Beneficial Uses: The Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, Fourth Edition, revised July 2016 (Basin Plan) has designated beneficial uses for surface and ground waters within the region. Beneficial uses that could be impacted by the project include, but are not limited to: Municipal and Domestic Water Supply (MUN); Agricultural Supply (AGR); Water Contact Recreation (REC-1); Non-Contact Water Recreation (REC-2); Warm Freshwater Habitat (WARM); Cold Freshwater Habitat (COLD);

Migration of Aquatic Organisms (MIGR); Spawning, Reproduction, and/or Early Development (SPWN); and Wildlife Habitat (WILD). A comprehensive and specific list of the beneficial uses

U.S. Army Corps of Engineers - 10 - 27 July 2018

Project – Cypress Ave to Tudor Rd applicable for the project area can be found at http://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/index.shtml.

303(d) List of Water Quality Limited Segments: The unnamed tributary to the Feather River is the receiving water for the Sutter Basin Flood Risk Management Project – Cypress Avenue to Tudor Road. The unnamed tributary is not listed on the 303(d) list. The most recent list of approved water quality limited segments is found at:

http://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2012.shtml

Project Description: The Sutter Basin Flood Risk Management Project – Cypress Avenue to Tudor Road (Project) is located along the Feather River west levee, between Cypress Avenue to Tudor Road in Sutter County. The Project consists of levee remediation measures, which includes the construction of slurry cutoff walls along the entire length of the levee within the Project boundary (approximately 26,000 feet). Slurry cutoff walls will be vertical walls approximately three feet wide, consisting of low hydraulic conductivity materials constructed through the levee embankment and foundation to cut off potential seepage through and under the levee. To install cutoff walls, the levee will be degraded by approximately 1/3 of its overall height. Levee degrade material will be pushed to the side along the land and water sides of the levee to establish a working surface for heavy machinery. Cutoff walls will be constructed through the center of the levee and range in depth from 65 to 87 feet, as measured from the levee working platform. This process will create a wall through the center of the levee with reduced permeability. After installation of the cutoff wall and the appropriate cutoff wall settlement period, the levee embankment will be reconstructed to its original lines and grades.

Temporary impacts will result from replacement of existing intake pipes extending out from the waterside of the levee. During levee degrade and reconstruction, the pipe will be removed and replaced. Construction activities may encroach on the edge of the existing seasonal wetland;

however, all impacts will be temporary and the area will be restored to pre-project conditions after completion of construction activities Valley elderberry longhorn beetle (VELB) has been known to occur in or near the Project area and may be impacted as a result of construction activities. If VELB are discovered within the Project area, the Applicant will follow the United States Fish and Wildlife Conservation Guidelines for the Valley elderberry longhorn beetle dated 9 July 1999.

No dewatering will occur within the Project area. No wet concrete will be placed into the wetland. The Project will temporarily impact 0.019 acre/96 linear feet of waters of the United States.

Preliminary Water Quality Concerns: Construction activities may impact surface waters with increased turbidity.

Proposed Mitigation to Address Concerns: The Applicant will implement Best Management Practices to control sedimentation and erosion. This Certification requires all work to be conducted during periods of no flow. In the event that project activities result in any materials reaching surface waters or unanticipated in-water work occurs, the Applicant will conduct turbidity testing. During this testing, the Applicant will stop work if Basin Plan criteria are exceeded or observations indicate an exceedance of a water quality objective.

All temporary affected areas will be restored to pre-construction contours and conditions upon completion of construction activities to provide 1:1 mitigation for temporary impacts.

U.S. Army Corps of Engineers - 11 - 27 July 2018

Project – Cypress Ave to Tudor Rd

Excavation/Fill Area: No permanent fill material will be discharged into waters of the United

Dredge Volume: None

California Integrated Water Quality System Impact Data: The Project will temporarily impact

0.019 acre/96 linear feet of wetland habitat from fill/excavation activities.

Table 1: Impacts from Fill/Excavation Activities

Aquatic Resource Type

Temporary Permanent

Physical Loss of Area Degradation of

Ecological Condition Only

Acres Cubic-yards

Linear-feet Acres Cubic-feet

Wetland 0.019 - 96 - - - - - -

United States Army Corps of Engineers Permit Type: Section 404(b)(1) Water Quality Evaluation

California Department of Fish and Wildlife Lake or Streambed Alteration Agreement:

A federal entity is not required to apply for a Lake or Streambed Alteration Agreement for their own projects.

Possible Listed Species: Valley elderberry longhorn beetle.

Status of CEQA Compliance: The Sutter Butte Flood Control Agency certified an Environmental Impact Report on 8 November 2017. The Sutter Butte Flood Control Agency filed a Notice of Determination with the State Clearinghouse on 9 November 2017 (SCH No.

2011052085).

The Central Valley Water Board will file a Notice of Determination with the State Clearinghouse as a responsible agency within five (5) days of the date of this Certification.

Compensatory Mitigation: The Central Valley Water Board is not requesting compensatory mitigation for the Sutter Basin Flood Risk Management Project – Cypress Avenue to Tudor Road because total Project impacts (0.019 acre) are less than 0.10 acre.

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

U.S. Army Corps of Engineers - 12 - 27 July 2018

DISTRIBUTION LIST

Leah Fisher (Electronic Copy Only) United States Army Corps of Engineers Sacramento District Headquarters SPKRegulatoryMailbox@usace.army.mil

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

Sam Ziegler (Electronic Copy Only) United States Environmental Protection Agency Ziegler.Sam@epa.gov

Wesley Wong (Electronic Copy Only) United States Army Corps of Engineers Wesley.R.Wong.Civ@mail.mil

Bill Jennings CA Sportfishing Protection Alliance 3536 Rainier Avenue Stockton, CA 95204

U.S. Army Corps of Engineers - 13 - 27 July 2018

27 July 2018

David G. Ray CERTIFIED MAIL U.S. Army Corps of Engineers 91 7199 9991 7039 7041 5316

CLEAN WATER ACT SECTION 401 TECHNICALLY CONDITIONED WATER QUALITY

CERTIFICATION; U.S. ARMY CORPS OF ENGINEERS, SUTTER BASIN FLOOD RISK

MANAGEMENT PROJECT – CYPRESS AVENUE TO TUDOR ROAD (WDID#5A51CR00104),

SUTTER COUNTY

This Order responds to the 19 April 2018 application submitted by U.S. Army Corps of Engineers (Applicant) for the Water Quality Certification of the Sutter Basin Flood Risk Management Project – Cypress Avenue to Tudor Road (Project), temporarily impacting 0.019 acre/96 linear feet of waters of the United States.

This Order serves as certification of the United States Army Corps of Engineers’ Section 404(b)(1) Water Quality Evaluation under Section 401 of the Clean Water Act, and a Waste Discharge Requirement under the Porter-Cologne Water Quality Control Act and State Water Board Order 2003-0017-DWQ.

WATER QUALITY CERTIFICATION STANDARD CONDITIONS:

1. This Order serves as a Water Quality Certification (Certification) action that is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Section 13330 of the California Water Code and Section 3867 of the California Code of Regulations.

2. This Certification action is not intended and shall not be construed to apply to any discharge from 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 Section 3855(b) of the California Code of Regulations, and the application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought.

3. The validity of any non-denial Certification action shall be conditioned upon total payment of the full fee required under Section 3860(c) of the California Code of Regulations.

4. This Certification is no longer valid if the Project (as described) is modified, or coverage under Section 404 of the Clean Water Act has expired.

U.S. Army Corps of Engineers - 2 - 27 July 2018

5. All reports, notices, or other documents required by this Certification or requested by the

Central Valley Regional Water Quality Control Board (Central Valley Water Board) shall be signed by a person described below or by a duly authorized representative of that person.

(a) For a corporation: by a responsible corporate officer such as: 1) a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function; 2) any other person who performs similar policy or decision-making functions for the corporation; or 3) the manager of one or more manufacturing, production, or operating facilities if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(b) For a partnership or sole proprietorship: by a general partner or the proprietor.

(c) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official.

6. Any person signing a document under Standard Condition number 5 shall make the following certification:

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

TECHNICAL CERTIFICATION CONDITIONS:

In addition to the above standard conditions, the Applicant shall satisfy the following:

1. The Applicant shall notify the Central Valley Water Board in writing seven (7) days in advance of the start of any work within waters of the United States.

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

3. The Applicant shall maintain a copy of this Certification and supporting documentation (Project Information Sheet) at the Project site during construction for review by site personnel and agencies. All personnel (employees, contractors, and subcontractors) performing work on the proposed Project shall be adequately informed and trained regarding the conditions of this Certification.

4. The Applicant shall perform surface water sampling1:

a) when performing any in-water work;

1 Sampling is not required in wetlands, where the entire wetland is being permanently filled; provided there is no outflow connecting the wetland to surface waters.

U.S. Army Corps of Engineers - 3 - 27 July 2018

b) in the event that Project activities result in any materials reaching surface waters; or

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

The sampling requirements in Table 1 shall be conducted by taking a sample of the ambient conditions before work begins in the work area, and sampling during work in the work area.

The sampling frequency may be modified for certain projects with written approval from Central Valley Water Board staff.

Table 1:

Parameter Unit Type of Sample

Minimum Sampling Frequency

Required Analytical Test

Method

Turbidity NTU Grab(1) Every 4 hours during in-water work

(2, 4)

Visible construction related pollutants (3) Observations Visual

Inspections

Continuous throughout the construction period

(1) Grab samples shall not be collected at the same time each day to get a complete representation of variations in the receiving water.

(2) 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.

(3) Visible construction-related pollutants include oil, grease, foam, fuel, petroleum products, and construction-related, excavated, organic or earthen materials.

(4) A hand-held field meter may be used, provided the meter utilizes a USEPA-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.

Surface water sampling shall occur at mid-depth. A surface water monitoring report shall be submitted within two weeks of initiation of in-water construction, and every two weeks thereafter. In reporting the sampling data, the Applicant 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 Certification 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 below.

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

5. The Central Valley Water Board adopted a Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, Fourth Edition, revised July 2016 (Basin Plan) that designates beneficial uses, establishes water quality objectives, and contains implementation programs and policies to achieve those objectives for all waters addressed through the plan. Turbidity limits are based on water quality objectives contained in the Basin Plan and are part of this Certification as follows:

U.S. Army Corps of Engineers - 4 - 27 July 2018

a) Waters shall not contain oils, greases, waxes, or other materials in concentrations that cause nuisance, result in a visible film or coating on the surface of the water or on objects in the water, or otherwise adversely affect beneficial uses.

b) Activities shall not cause turbidity increases in surface water to exceed:

i. where natural turbidity is less than 1 Nephelometric Turbidity Units (NTUs), controllable factors shall not cause downstream turbidity to exceed 2 NTUs;

ii. where natural turbidity is between 1 and 5 NTUs, increases shall not exceed 1 NTU;

iii. where natural turbidity is between 5 and 50 NTUs, increases shall not exceed

20 percent;

iv. where natural turbidity is between 50 and 100 NTUs, increases shall not exceed

10 NTUs; and

v. where natural turbidity is greater than 100 NTUs, increases shall not exceed

10 percent.

In determining compliance with the above limits, 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.

6. The Applicant shall notify the Central Valley Water Board immediately if the above criteria for turbidity or other water quality objectives are exceeded.

7. Work shall occur during periods of low water level (i.e., water level shall be below the construction area) and no precipitation.

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

9. 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 Applicant 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.

10. The Applicant 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.

11. The discharge of petroleum products, any construction materials, hazardous materials, pesticides, fuels, lubricants, oils, hydraulic fluids, raw cement, concrete, asphalt, paint, coating material, drilling fluids, or other construction-related potentially hazardous substances to surface water and/or soil is prohibited. In the event of a prohibited discharge, U.S. Army Corps of Engineers - 5 - 27 July 2018 the Applicant shall notify the Central Valley Water Board Contact within 24-hours of the discharge.

12. 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 United States through the entire duration of the Project.

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

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

15. All temporarily affected areas shall be restored to pre-construction contours and conditions upon completion of construction activities.

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

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

18. This Certification does not allow permanent water diversion of flow from the receiving water.

This Certification is invalid if any water is permanently diverted as a part of the project.

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

20. When work in a flowing stream is unavoidable and any temporary dam or other artificial obstruction is 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. Construction, dewatering, and removal of temporary cofferdams shall not violate Technical Certification Condition 5 of this Certification.

21. If any temporary dam or other artificial obstruction is constructed, 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.

22. The Applicant shall apply for a name change or amendment to this Certification should any of the following occur: a) a change in the ownership of all or any portion of the Project; b) any change in the Project description; c) any change involving discharge amounts, temporary impacts, or permanent impacts; or d) amendments, modifications, revisions, extensions, or changes to the United States Fish and Wildlife Service decision documents, or the California Department of Fish and Wildlife Streambed Alteration Agreement.

23. The Applicant shall comply with all United States Fish and Wildlife Service requirements, including those requirements described in the Biological Opinion (2013-F-0342-1).

U.S. Army Corps of Engineers - 6 - 27 July 2018

24. If Valley elderberry longhorn beetle are discovered within the Project area, the Applicant shall implement the United States Fish and Wildlife Conservation Guidelines for the Valley Elderberry Longhorn Beetle dated 9 July 1999.

25. If the Project will involve land disturbance activities of one or more acres, or where the Project disturbs less than one acre but is part of a larger common plan of development that in total disturbs one or more acres, the Applicant shall obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order No. 2009- 0009-DWQ for discharges to surface waters comprised of storm water associated with construction activity.

26. The Conditions in this Certification are based on the information in the attached “Project Information Sheet” and the application package. If the actual project, as described in the attached Project Information Sheet and application package, is modified or changed, this Certification is no longer valid until amended by the Central Valley Water Board.

27. The Applicant shall implement each of the mitigation measures specified in the certified Environmental Impact Report for the Project, as they pertain to biology, hydrology and water quality impacts as required by Section 21081.6 of the Public Resource Code and Section 15097 of the California Code of Regulations.

28. In the event of any violation or threatened violation of the conditions of this Certification, the violation or threatened violation shall be subject to any remedies, penalties, process, or sanctions as provided for under state and federal law. The applicability of any state law authorizing remedies, penalties, process, or sanctions for the violation or threatened violation constitutes a limitation necessary to ensure compliance with this Certification.

(a) If the Applicant or a duly authorized representative of the Project fails or refuses to furnish technical or monitoring reports, as required under this Certification, or falsifies any information provided in the monitoring reports, the applicant is subject to civil liability, for each day of violation, and/or criminal liability.

(b) In response to a suspected violation of any condition of this Certification, the Central Valley Water Board may require the Applicant to furnish, under penalty of perjury, any technical or monitoring reports the Central Valley Water Board deems appropriate, provided that the burden, including cost of the reports, shall be in reasonable relationship to the need for the reports and the benefits to be obtained from the reports.

(c) The Applicant shall allow the staff of the Central Valley Water Board, or an authorized representative(s), upon the presentation of credentials and other documents, as may be required by law, to enter the Project premises for inspection, including taking photographs and securing copies of project-related records, for the purpose of assuring compliance with this Certification and determining the ecological success of the Project.

U.S. Army Corps of Engineers - 7 - 27 July 2018

Project – Cypress Ave to Tudor Rd

NOTIFICATIONS AND REPORTS:

29. The Applicant shall provide a Notice of Completion (NOC) no later than 30 days after the

Project completion. The NOC shall demonstrate that the Project has been carried out in accordance with the Project description in the Certification and in any approved amendments. The NOC shall include a map of the Project location(s), including final boundaries of any on-site restoration area(s), if appropriate, and representative pre and post construction photographs. Each photograph shall include a descriptive title, date taken, photographic site, and photographic orientation.

30. The Applicant shall submit all notifications, submissions, materials, data, correspondence, and reports in a searchable Portable Document Format (PDF).