FHR_1.0_401_permit_3_2019_Post_to_FBO.pdf

Central Valley Regional Water Quality Control Board

12 March 2019

Colonel David Ray United States Army Corps of Engineers 1325 J Street Sacramento, CA 95814

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CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER FOR

THE SACRAMENTO RIVER BANK PROTECTION (FHR 1.0L) PROJECT, SUTTER COUNTY

(WDID#5A51CR00106)

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, Patrick Pulupa. This Order is issued to the United States Army Corps of Engineers for the Sacramento River Bank Protection (FHR 1.0L) 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 the United States Army Corps of Engineers for proposed Project discharges 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.

Please review your Order carefully to ensure that you understand all aspects of the Order. Note that this Order requires reporting and notification. Requirements for the content of the reporting and notification requirements 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.

These reports, notifications, and other submissions must be submitted 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. Documents that are 50 MB or larger must be transferred to a disk and mailed to the Central Valley Water Board Contact.

If you require further assistance, please contact me by phone at (916) 464-4812 or by email at Jordan.Hensley@waterboards.ca.gov. You may also contact Stephanie Tadlock, Unit Supervisor, by phone at (916) 464-4644 or by email at Stephanie.Tadlock@waterboards.ca.gov.

¥J el Environmental Scientist 401 Water Quality Certification Unit

K A R L E. LONGLEY ScD, P .E., CHAIR J PATRICK PULUPA, ESO., EXECUTIVE OFFICER

11020 Sun Center Drive #200, Rancho Cordova, CA 95670 I www.waterboards.ca.gov/centralvalley

.:-, R(CYCLCO PAPER

Sacramento River Bank Protection (FHR 1.0L) Project Reg. Meas. ID: 421210 Place ID: 847021

Enclosures (1 ): Order for the Sacramento River Bank Protection (FHR 1.0L) Project cc: [Via email only] (w/ enclosure):

Patricia Goodman United States Army Corps of Engineers Sacramento District Headquarters Regulatory Division Patricia.K. Goodman@usace.army.mil

Sam Ziegler United States Environmental Protection Agency Ziegler.Sam@epa.gov

Jennifer Hobbs (81420-2008-F-0805-1) Biologist United States Fish & Wildlife Service Jennifer _Hobbs@fws.gov

Jahnava Duryea (2007/07158) Fish Biologist National Marine Fisheries Service Jahnava.Duryea@noaa.gov

California Department of Fish and Wildlife, Region 2 R2LSA@wildlife.ca.gov

CWA Section 401 WQC Program Division of Water Quality State Water Resources Control Board Stateboard401@waterboards.ca.gov

Stephanie Tadlock Unit Supervisor Central Valley Regional Water Quality Control Board, Sacramento Stephanie.Tadlock@waterboards.ca.gov cc: (w/ enclosure):

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

Attachment A Project Maps

Sacramento River Bank Protection (FHR 1.0L) Project

•• _I

. . . / ,- - -.•.... r

Figure 1: Project Location Map

Reg. Meas. ID: 421210 Place ID: 847021

' , , 1 1 1 t , Reg. Meas. ID: 421210 Place ID: 847021 ff.iiif.l II.a Feather River 1.0 Left (FHR 1.0L) Tree Survey

- Rlght-of-l'la, tl<tent

Figure 2: Site Map

Attachment B Receiving Waters, Impact and Mitigation Information

Receiving Waters

Reg. Meas. ID: 421210 Place ID: 847021

The following table shows the receiving waters associated with each impact and Permittee responsible mitigation site.

Table 1: Receivina Waters Information Impact Site ID Waterbody Impacted Water Board Receiving Receiving 303d Listing eCRAM

Name Aquatic Hydrologic Waters Waters Pollutant 1010 Resource Tvoe Units Benefi cial Uses

MUN, A G R - Chlorpyrifos, Group A /RR/GA TJON, Stream Feather REC-1, REC-2, Pesticides, Mercury, Channel Feather River Stream Channel 515.40 River WARM, COLD, Po/ychlorinated NIA MIGR, SPWN, biphenyls (PCBs), WILD Toxicity

MUN, A G R - Chlorpyrifos, Group A /RR/GA TION, Feather REC-1, REC-2, Pesticides, Merc ury , Riparian Feather River Riparian 515.40 River WARM, COLD, Polychlorinated NIA MIGR, SPWN, biphenyls (PCBs), WILD Toxicity

Individual Direct Impact Locations The following table shows individual impact locations.

Table 2: Individual Direct Impact Information Indirect Impact

Site ID Requiring Direct Impact Dredge Fill/Excavation

Latitude Longitude Mitigation Duration Yes No Acres Cubic Linear Acres Cubic Linear

Yards Feet Yards Feet Temporary - - - - - -

1.Stream channel 38 °47'53.4"N 121 ° 37'53"W □ Permanent 1 - 997 - - -

1° California Rapid Assess ment Method (CRAM) score of impacted sites provided by the Permittee.

Compensatory Mitigation Information

Reg. Meas. ID: 421210 Place ID: 847021

The following table(s)show individual compensatory mitigation information and locations.

(a) Mitigation Bank Compensatory Mitigation Site Information

I Table 4 Mitigation Bank Mitigation Name: Fremont Landing Conservation Bank Bank Website: https://www.wildlandsinc.com/banks/fremont-landing-conservation-bank-salm/

Name: Julie Maddox

Contact Phone: (916) 435-3555Information

Email: jmaddox@heronpacific.com

County: Yolo

Mitigation Latitude: 38 °46'59.36"N Location

Longitude: 121 °37'35.28"W

Mitigation Quantity

Aquatic Resource Credit Type Number of Acres Linear Feet Credits

Purchased· Salmonid Riparian Forest Floodplain 2.2 - TBD

I

Attachment C CEQA Findings of Facts

A. Environmental Review

Reg. Meas. ID: 421210 Place ID: 847021

On 15 May 2009, the Central Valley Flood Protection Board, as lead agency, adopted an Initial Study/Mitigated Negative Declaration (IS/MND) (State Clearinghouse (SCH) No.

2009042052) for the Project and filed a Notice of Determination (NOD) at the SCH on 21 May 2009. The Central Valley Water Board is a responsible agency under CEQA (Pub.

Resources Code,§ 21069) and in making its determinations and findings, must presume that the Central Valley Flood Protection Board's adopted environmental document complies with the requirements of CEQA and is valid. (Pub. Resources Code,§ 21167.3.)

The Central Valley Water Board has reviewed and considered the environmental document and finds that the environmental document prepared by the Central Valley Flood Protection Board addresses the Project's water quality impacts. (Cal. Code Regs., tit. 14, § 15096, subd. (f).) The environmental document includes the mitigation monitoring and reporting program (MMRP) developed by the Central Valley Flood Protection Board for all mitigation measures that have been adopted for the Project to reduce potential significant impacts. (Pub. Resources Code,§ 21081.6, subd. (a)(1); Cal.

Code Regs., tit. 14, § 15074, subd. (d).)

8. Incorporation by Reference Pursuant to CEQA, these Findings of Facts (Findings) support the issuance of this Order based on the Project IS/MND, the application for this Order, and other supplemental documentation.

All CEQA project impacts, including those discussed in subsection C below, are analyzed in detail in the Project Final IS/MND which is incorporated herein by reference. The Project IS/MND is available at: the Department of Water Resources Levee Repairs Branch, 2825 Watt Avenue, Suite 100, Sacramento, CA 95821.

Requirements under the purview of the Central Valley Water Board in the MMRP are incorporated herein by reference.

The Permittee's application for this Order, including all sµpplemental information provided, is incorporated herein by reference.

C. Findings The IS/MND describes the potential significant environmental effects to water quality that were mitigated in the IS/MND. Having considered the whole of the record, the Central Valley Water Board makes the following findings:

(1) Revisions in the project plans or proposals made by, or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and

(2) There is no substantial evidence, in light of the whole record before the agency, that the project as revised may have a significant effect on the environment. (Cal. Code Regs., tit. 14, § 15070.)

a.i. Potential Significant Impact: The Project may result in potentially significant impacts to hydrology and water quality from the temporary increase of turbidity and release of hazardous materials from construction activities.

a.ii. Facts in Support of Finding:

Mitigation Measure WQ1: Temporary Increase in Turbidity

Reg. Meas. I_D: 421210 Place ID: 847021

a. The contractor shall prepare a SWPPP and implement the SWPPP during and after construction to minimize turbidity-generating activities. The SWPPP shall include an erosion control plan, a water quality monitoring plan, a hazardous materials management plan, and BMPs for construction activities, including the use of a floating turbidity curtain, as appropriate. The BMPs shall be maintained until terrestrial areas disturbed during construction have been adequately revegetated and stabilized.

b. Water quality monitoring, as detailed in the SWPPP, shall contain specific directives for establishing sampling locations and for acceptable levels of turbidity and settleable solids. Sampling shall be conducted at an upstream location in the vicinity of each construction site once daily to establish background levels. Water samples for determining down-current turbidity and settleable solids levels shall be collected 5 feet from the shoreline and 300 feet down-current of any floating turbidity curtain.

c. Benchmark levels for turbidity under the Central Valley Water Board Basin Plan shall not exceed 1 NTU above ambient conditions (where natural turbidity levels range from 0-5 NTU); 20% (where natural turbidity levels range from 5-50 NTU);

1 O NTU (where natural turbidity levels range from 50-100 NTU); or 10% (where natural turbidity levels are >100 NTU). In determining compliance with these turbidity limits averaging periods may be applied, provided that beneficial uses remain fully protected.

d. Settleable solids shall be determined by the American Public Health Association (1998) Method 2540F. During working hours, the construction activity shall not cause the settleable solids down-current from each construction site to exceed

0.1 ml/L after one hour settling.

e. Prior to placement of any material within the ordinary high water mark of the waterbody, a Section 401 Water Quality Certification shall be obtained from the Central Valley Water Board. All conditions of the Water Quality Certification shall be met.

f. Project construction contractors shall obtain and comply with the conditions of a State General Construction Activity Stormwater Permit adopted by the California State Water Resources Control Board.

Mitigation Measure WQ2: Hazardous Materials

a. The contractor shall develop and implement a hazardous materials management plan prior to initiation of construction. The plan shall include BMPs that would reduce the potential for spills of toxic chemicals and other hazardous materials during construction. The plan shall include a specific protocol for the proper handling and disposal of materials and contingency procedures to follow in the event of a hazardous materials spill. The plan shall also describe the specific protocol for the proper handling and disposal of potentially hazardous materials that could be encountered during construction. Any spills of hazardous materials to the river shall be cleaned up immediately and immediately reported to the Central Valley Water Board, National Marine Fisheries Service, and United States Fish and Wildlife Service.

0. Determination

Reg. Meas. ID: 421210 Place ID: 847021

The Central Valley Water Board has determined that the Project, when implemented in accordance with the MMRP and the conditions in this Order, will not result in any significant adverse water quality impacts. (Cal. Code Regs., tit. 14, § 15096, subd (h).)

The Central Valley Water Board will file a NOD with the SCH within five (5) working days from the issuance of this Order. (Cal. Code Regs., tit. 14, § 15096, subd. (i).)

Attachment D Reports and Notification Requirements

Copies of this Form

Reg. Meas. ID: 421210 Place ID: 847021

In order to identify your project, it is necessary to include a copy of the Project specific Cover Sheet below with your report: please retain for your records. If you need to obtain a copy of the Cover Sheet you may download a copy of this Order as follows:

1. Go to: http://www.waterboards.ca.gov/water _issues/programs/cwa401 /certifications.shtml

2. Find your Order in the table based on Applicant, Date, and Subject headers.

Report Submittal Instructions

1. Check the box on the Report and Notification Cover Sheet next to the report or notification you are submitting.

• Part A {Annual Report): This report will be submitted annually from the anniversary of Project effective date until a Notice of Project Complete Letter is issued.

• Part B {Project Status Notifications): Used to notify the Central Valley Water Board of the status of the Project schedule that may affect Project billing.

• Part C {Conditional Notifications and Reports): Required on a case by case basis for accidental discharges of hazardous materials, violation of compliance with water quality standards, notification of in-water work, or other reports.

2. Sign the Report and Notification Cover Sheet and attach all information requested for the Report Type.

3. Electronic Report Submittal Instructions:

• Submit signed Report and Notification Cover Sheet and required information via email to:

centralvalleysacramento@waterboards.ca.gov and cc: Jordan. Hensley@waterboards.ca. gov

• Include in the subject line of the email:

Subject: ATTN: Jordan Hensley; Req. Measure ID: 421210 Report

Definition of Reporting Terms

1. Active Discharge Period: The active discharge period begins with the effective date of this Order and ends on the date that the Permittee receives a Notice of Completion of Discharges Letter or, if no post-construction monitoring is required, a Notice of Project Complete Letter. The Active Discharge Period includes all elements of the Project including site construction and restoration, and any Permittee responsible compensatory mitigation construction.

2. Request for Notice of Completion of Discharges Letter: This request by the Permittee to the Central Valley Water Board staff pertains to projects that have post construction monitoring requirements, e.g. if site restoration was required to be monitored for 5 years following construction. Central Valley Water Board staff will review the request and send a Completion of Discharges Letter to the Permittee upon approval. This letter will initiate the post-discharge monitoring period and a change in fees from the annual active discharge fee to the annual post-discharge monitoring fee.

Reg. Meas. ID: 421210 Place ID: 847021

3. Request for Notice of Project Complete Letter: This request by the Permittee to the Central Valley Water Board staff pertains to projects that either have completed post-construction monitoring and achieved performance standards or have no post-construction monitoring requirements, and no further Project activities are planned. Central Valley Water Board staff will review the request and send a Project Complete Letter to the Permittee upon approval. Termination of annual invoicing of fees will correspond with the date of this letter.

4. Post-Discharge Monitoring Period: The post-discharge monitoring period begins on the date of the Notice of Completion of Discharges Letter and ends on the date of the Notice of Project Complete Letter issued by the Central Valley Water Board staff. The Post-Discharge Monitoring Period includes continued water quality monitoring or compensatory mitigation monitoring.

Effective Date: 12 March 2019

Map/Photo Documentation Information When submitting maps or photos, please use the following formats. ---------------------------------------------------------------------------------------------------------------------------------------------

1. Map Format Information:

Preferred map formats of at least 1:24000 (1" = 2000') detail (listed in order of preference):

• GIS shapefiles: The shapefiles must depict the boundaries of all project areas and extent of aquatic resources impacted. Each shape should be attributed with the extent/type of aquatic resources impacted. Features and boundaries should be accurate to within 33 feet (1 O meters). Identify datum/projection used and if possible, provide map with a North American Datum of 1983 (NAD38) in the California Teale Albers projection in feet.

• Google KML files saved from Google Maps: My Maps or Google Earth Pro. Maps must show the boundaries of all project areas and extent/type of aquatic resources impacted. Include URL(s) of maps.

If this format is used include a spreadsheet with the object ID and attributed with the extent/type of aquatic resources impacted.

• Other electronic format (CAD or illustration format) that provides a context for location (inclusion of landmarks, known structures, geographic coordinates, or USGS DRG or DOQQ). Maps must show the boundaries of all project areas and extent/type of aquatic resources impacted. If this format is used include a spreadsheet with the object ID and attributed with the extent/type of aquatic resources impacted.

• Aquatic resource maps marked on paper USGS 7.5 minute topographic maps or Digital Orthophoto Quarter Quads (DOQQ) printouts. Maps must show the boundaries of all project areas and extent/type of aquatic resources impacted. If this format is used include a spreadsheet with the object ID and attributed with the extent/type of aquatic resources impacted.

2. Photo-Documentation: Include a unique identifier, date stamp, written description of photo details, and latitude/longitude (in decimal degrees) or map indicating location of photo. Successive photos should be

. taken from the same vantage point to compare pre/post construction conditions.

Attachment D

Reg. Meas. ID: 421210 Place ID: 847021

REPORT AND NOTIFICATION COVER SHEET

Project:

Permittee:

Sacramento River Bank Protection (FHR 1.0L) Project

United States Army Corps of Engineers

Reg. Meas. ID:

WDID:

421210

5A51CR00106

Order Effective Date: 12 March 2019

Order Expiration Date: 11 March 2024

Place ID: 847021

Construction Storm Water General Permit WDID#:

Report Type Submitted I Part A - Project _Reporting :

Report Type 1 ............... □. Monthly.Report.# _ _

□ Annual

.Report.Type 3 ............... g .. Commencement of.Construction . Report Type 4 ............... □ .Request for. Notice of Completion of Discharges Letter Report Type 5 □ Request for Notice of Project Complete Letter- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

.Report.Type 6 ............... □. Accidental Discharge of .Hazardous. Material .Report . Report.Type 1 ............... □. Violation. of Compliance with Water. Quality Standards Report _Report.Type 8 ............... □ . In-Water Work/Diversions Water Quality Monitoring .Report . Report.Type 9 ............... □. Modifications to.Project Report Report.Type 10 ............. □. Transfer of Property Ownership Report Report Type 11 □ Transfer of Long-Term BMP Maintenance Report

Reg. Meas. ID: 421210 Place ID: 847021

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

Print Name 1 Affiliation and Job Title

Signature Date

1STATEMENT OF AUTHORIZATION (include if authorization has changed since application was submitted)

I hereby authorize _ _ _ _ _ _ _ _ _ _ _ to act in my behalf as my representative in the submittal of this report, and to furnish upon request, supplemental information in support of this submittal.

Permittee's Signature Date

*This Report and Notification Cover Sheet must be signed by the Permittee or a duly authorized representative and included with all written submittals.

Reg. Meas. ID: 42121 O Place ID: 847021

Ill Part A - Project Reporting

Report Type 1 Monthly Report

Report Purpose Notifies Central Valley Water Board staff of the Project status and environmental compliance activities on a monthly basis.

When to Submit On the 1st day of each month beginning the month after the submittal of the Commencement of Construction Notification until a Notice of Project Complete Letter is issued to the Permittee.

Report Contents 1. Construction Summary Describe Project progress and schedule including initial ground disturbance, site clearing and grubbing, road construction, site construction, and the implementation status of construction storm water Best Management Practices (BMPs11) . If construction has not started, provide estimated start date.

2. Event Summary Describe distinct Project activities and occurrences, including environmental monitoring, surveys, and inspections.

3. Photo Summary Provide photos of Project activities. For each photo, include a unique site identifier, date stamp, written description of photo details, and latitude/longitude (in decimal degrees) or map indicating location of photo.

Successive photos should be taken from the same vantage point to compare pre/post construction conditions.

4. Compliance Summary

a) List name and organization of environmental surveyors, monitors, and inspectors involved with monitoring environmental compliance for the reporting period.

b) List associated monitoring reports for the reporting period. Include sampling reports. If no sampling was required, a monitoring report must be submitted stated, "No sampling was required".

c) Summarize observed incidences of non-compliance, compliance issues, minor problems, or occurrences.

11 Best Management Practices (BMPs) is a term used to describe a type of water pollution or environmental control.

Reg. Meas. ID: 421210 Place ID: 847021

Report Type 2 Report Purpose

When to Submit

Report Contents

Annual Report Topic 1

When to Submit

Report Contents

Annual Report Topic 2

When to Submit

Report Contents

Annual Report Topic 3

When to Submit

Report Contents

d) Describe each observed incidence in detail. List monitor name and organization, date, location, type of incident, corrective action taken (if any), status, and resolution.

Annual Report - Not Applicable

Not Required

Annual Report Topics (1-3)

Construction Summary - Not Applicable Not Required

Not Applicable

Not Required

Not Applicable

Not Required

Ill Part B - Project Status Notifications

Report Type 3 Commencement of Construction Report Purpose Notify Central Valley Water Board staff prior to the start of construction.

ill

Reg. Meas. ID: 421210 Place ID: 847021

-When to Submit

Rep rt Contents

C -

R _port Type 4 Report Purpo e

When to Submit

Report Contents

Report Type 5 Report Purpose

When to Submit

Report Contents

Must be received at least seven (7) days prior to start of initial ground disturbance activities.

1. Date of commencement of construction.

2. Anticipated date when discharges to waters of the state will occur.

3. Project schedule milestones including a schedule for onsite compensatory mitigation, if applicable.

4. Construction Storm Water General Permit WDID No.

5. Proof of purchase of compensatory mitigation for permanent impacts from the mitigation bank or in-lieu fee program.

Request for Notice of Completion of Discharges Letter Notify Central Valley Water Board staff that post-construction monitoring is required and that active Project construction, including any mitigation and permittee responsible compensatory mitiaation is complete.

Must be received by Central Valley Water Board staff within thirty (30) days following completion of all Project construction activities.

1. Status of storm water Notice of Termination(s), if applicable.

2. Status of post-construction storm water BMP installation.

3. Pre- ahd post-photo documentation of all Project activity sites where the discharge of dredge and/or fill/excavation was authorized.

4. Summary of Certification Deviation discharge quantities compared to initial authorized impacts to waters of the state, if applicable.

5. An updated monitoring schedule for mitigation for temporary impacts to waters of the state and permittee responsible compensatory mitigation durini:i the post-discharge monitoring period, if applicable.

Request for Notice of Project Complete Letter Notify Central Valley Water Board staff that construction and/or any post-construction monitoring is complete, or is not required, and no further Project activity is planned.

Must be received by Central Valley Water Board staff within thirty (30) days following completion of all Project activities.

Part A: Mitigation for Temporary Impacts

1. A report establishing that the performance standards outlined in the restoration plan have been met for Project site upland areas of temporary disturbance which could result in a discharge to waters of the state.

2. A report establishing that the performance standards outlined in the restoration plan have been met for restored areas of temporary impacts to_ waters of the state. Pre- and post-photo documentation of all restoration sites.

Part B: Permittee Responsible Compensatory Mitigation

3. A report establishing that the performance standards outlined in the compensatory mitigation plan have been met.

4. Status on the implementation of the lono-term maintenance and

Reg. Meas. ID: 421210 Place ID: 847021 management plan and funding of endowment.

5. Pre- and post-photo documentation of all compensatory mitigation sites.

6. Final maps of all compensatory mitigation areas (including buffers).

Part C: Post-Construction Storm Water BMPs

7. Date of storm water Notice of Termination(s), if applicable.

8. Report status and functionality of all post-construction BMPs.

Part C - Conditional Notifications and Reports

Report Type 6 Accidental Discharge of Hazardous Material Report Report Purpose Notifies Central Valley Water Board staff that an accidental discharge of hazardous material has occurred.

When to Submit Within five (5) working days following the date of an accidental discharge.

Continue reporting as required by Central Valley Water Board staff.

Report Contents 1. The report shall include the OES lncidenUAssessment Form, a full description and map of the accidental discharge incident (i.e. location, time and date, source, discharge constituent and quantity, aerial extent, and photo documentation). If applicable, the OES Written Follow-Up Report may be substituted.

2. If applicable, any required sampling data, a full description of the sampling methods including frequency/dates and times of sampling, equipment, locations of sampling sites.

3. Locations and construction specifications of any barriers, including silt curtains or diverting structures, and any associated trenching or anchoring.

Report Type 7 Violation of Compliance with Water Quality Standards Report Report Purpose Notifies Central Valley Water Board staff that a violation of compliance with water quality standards has occurred.

When to Submit The Permittee shall report any event that causes a violation of water quality standards within three (3) working days of the noncompliance event notification to Central Valley Water Board staff.

Report Contents The report shall include: the cause; the location shown on a map; and the period of the noncompliance including exact dates and times. If the noncompliance has not been corrected, include: the anticipated time it is expected to continue; the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; and any monitoring results if required by Central Valley Water Board staff.

Report Type 8 In-Water Work and Diversions Water Quality Monitoring Report Report Purpose Notifies Central Valley Water Board staff of the start and completion of in-water work. Reports the sampling results during in-water work and during the entire

Reg. Meas. ID: 421210 Place ID: 847021

When _to _ubmit

S c

Report Contents

Report Type 9 Report Purpose

When to Submit

Report Contents

Report Type 10 Report Purpose

When to Submit Report Contents

Report Type 11 Report Purpose

When to Submit

Report Contents duration of temporary surface water diversions.

Forty-eight (48) hours prior to the start of in-water work. Within three (3) - -working days following the completion of in-water work. Surface water

- monitoring reports to be submitted two (2) weeks on initiation of in-water - -

- construction and during entire duration of temporary surface water diversions. - Continue reporting in accordance with the approved water quality monitoring --- --plan or as indicated in XIV.C.3.

As required by the approved water quality monitoring plan or as indicated in

XIV.C.3.

Modifications to Project Report Notifies Central Valley Water Board staff if the Project, 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.

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.

A description and location of any alterations to Project implementation.

Identification of any Project modifications that will interfere with the Permittee's compliance with the Order.

Transfer of Property Ownership Report Notifies Central Valley Water Board staff of change in ownership of the Project or Permittee-responsible mitigation area.

At least 10 working days prior to the transfer of ownership.

1. A statement that the Permittee has provided the purchaser with a copy of this Order and that the purchaser understands and accepts:

a. the Order's requirements and the obligation to implement them or be subject to administrative and/or civil liability for failure to do so; and

b. responsibility for compliance with any long-term BMP12 maintenance plan requirements in this Order.

2. A statement that the Permittee has informed the purchaser to submit a written request to the Central Valley Water Board to be named as the permittee in a revised order.

Transfer of Long-Term BMP Maintenance Report Notifies Central Valley Water Board staff of transfer of long-term BMP maintenance responsibility.

At least 10 working days prior to the transfer of BMP maintenance responsibility.

A copy of the legal document transferring maintenance responsibility of post-construction BMPs.

12 Best Management Practices (BMPs) is a term used to describe a type of water pollution or environmental control.

Attachment E Signatory Requirements

Attachment E

SIGNATORY REQUIREMENTS

Reg. Meas. ID: 421210 Place ID: 847021

All Documents Submitted In Compliance With This Order Shall Meet The Following Signatory Requirements:

1. All applications, reports, or information submitted to the Central Valley Water Quality Control Board (Central Valley Water Board) must be signed and certified as follows:

a) For a corporation, by a responsible corporate officer of at least the level of vice-president.

b) For a partnership or sole proprietorship, by a general partner or proprietor, respectively.

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

2. A duly authorized representative of a person designated in items 1.a through 1.c above may sign documents if:

a) The authorization is made in writing by a person described in items 1.a through 1.c above.

b) The authorization specifies either an individual or position having responsibility for the overall operation of the regulated activity.

c) The written authorization is submitted to the Central Valley Water Board Staff Contact prior to submitting any documents listed in item 1 above.

3. Any person signing a document under this section shall make the following certification:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

Attachment F Certification Deviation Procedures

Certification Deviation Procedures Introduction

Reg. Meas. ID: 421210 Place ID: 847021

These procedures are put into place to preclude the need for Order amendments for minor changes in the Project routing or location. Minor changes or modifications in project activities are often required by the Permittee following start of construction. These deviations may potentially increase or decrease impacts to waters of the state. In such cases, a Certification Deviation, as defined in Section XIV.M of the Order, may be requested by the Permittee as set forth below:

Process Steps Who may apply: The Permittee or the Permittee's duly authorized representative or agent (hereinafter, "Permittee") for this Order.

How to apply: By letter or email to the 401 staff designated as the contact for this Order.

Certification Deviation Request: The Permittee will request verification from the Central Valley Water Board staff that the project change qualifies as a Certification Deviation, as opposed to requiring an amendment to the Order. The request should:

1. Describe the Project change or modification:

a. Proposed activity description and purpose;

b. Why the proposed activity is considered minor in terms of impacts to waters of the state;

c. How the Project activity is currently addressed in the Order; and,

d. Why a Certification Deviation is necessary for the Project.

2. Describe location (latitude/longitude coordinates), the date(s) it will occur, as well as associated impact information (i.e., temporary or permanent, federal or non-federal jurisdiction, water body name/type, estimated impact area, etc.) and minimization measures to be implemented.

3. Provide all updated environmental survey information for the new impact area.

4. Provide a map that includes the activity boundaries with photos of the site.

5. Provide verification of any mitigation needed according to the Order conditions.

6. Provide verification from the CEQA Lead Agency that the proposed changes or modifications do not trigger the need for a subsequent environmental document, an addendum to the environmental document, or a supplemental EIR. (Cal. Code Regs., tit.

14, §§ 15162-15164.)

Post-Discharge Certification Deviation Reporting:

Reg. Meas. ID: 421210 Place ID: 847021

1. Within 30 calendar days of comple_ting the approved Certification Deviation activity, the Permittee will provide a post-discharge activity report that includes the following information:

a. Activity description and purpose;

b. Activity location, start date, and completion date;

c. Erosion control and pollution prevention measures applied;

d. The net change in impact area by water body type(s) in acres, linear feet and cubic yards;

e. Mitigation plan, if applicable; and,

f. Map of activity location and boundaries; post-construction photos.

Annual Summary Deviation Report:

1. Until a Notice of Completion of Discharges Letter or Notice of Project Complete Letter is issued, include in the Annual Project Report (see Construction Notification and Reporting attachment) a compilation of all Certification Deviation activities through the reporting period with the following information:

a. Site name(s).

b. Date(s) of Certification Deviation approval.

c. Location(s) of authorized activities.

d. Impact area(s) by water body type prior to activity in acres, linear feet and cubic yards, as originally authorized in the Order.

e. Acfual impact area(s) by water body type in, acres, linear feet and cubic yards, due to Certification Deviation activity(ies).

f. The net change in impact area by water body type(s) in acres, linear feet and cubic yards;

g. Mitigation to be provided (approved mitigation ratio and amount).