ARCF 2016 CVRWQCB Basin Plan.pdf

Central Valley Regional Water Quality Control Board

CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER

Effective Date: 13 July 2021

Expiration Date: 12 July 2026

Program Type: Fill/Excavation

Reg. Meas. ID: 441938 Place ID: 871623 WDID No.: 5A34CR00819

Project Type: Non-Restoration Bank Stabilization

Project: American River Common Features Project (Project)

Applicant: United States Army Corps of Engineers

Applicant Contact: James J. Handura United States Army Corps of Engineers 1325 J Street Sacramento, CA 95814 Phone: (916)557-7490 Email: James.J.Handura@usace.army.mil

Applicant’s Agent: Andrea Meier United States Army Corps of Engineers 1325 J Street Sacramento, CA 95814 Phone: (916)557-7490 Email: Andrea.J.Meier@usace.army.mil

Water Board Staff: Angela Nguyen-Tan Environmental Scientist 11020 Sun Center Drive, Suite 200 Rancho Cordova, CA 95670 Phone: (916) 464-0335 Email: Angela.Nguyen-Tan@waterboards.ca.gov

Water Board Contact Person: If you have any questions, please call Regional Water Quality Control Board, Central Valley Region (Central Valley Water Board) Staff listed above or (916) 464-3291 and ask to speak with the Water Quality Certification Unit Supervisor.

American River Common Features Project Reg. Meas.ID: 441938 Place ID: 871623

Table of Contents

I. Order

II. Public Notice

III. Project Purpose

IV. Project Description

V. Project Location

VI. Project Impact and Receiving Waters Information

VII. Description of Direct Impacts to Waters of the State

VIII. Description of Indirect Impacts to Waters of the State

IX. Avoidance and Minimization

X. Compensatory Mitigation

XI. California Environmental Quality Act (CEQA)

XII. Petitions for Reconsideration

XIII. Fees Received

XIV. Administrative Findings

XV. Conditions

XVI. Water Quality Certification

Attachment A: Project Map(s) Attachment B: Receiving Waters, Impacts, and Mitigation Information Attachment C: CEQA Findings of Facts Attachment D: Report and Notification Requirements Attachment E: Signatory Requirements Attachment F: Compliance with Code of Federal Regulations, title 40, section 121.7, subdivision (d)

I. Order This Clean Water Act (CWA) section 401 Water Quality Certification action and Order (Order) is issued at the request of United States Army Corps of Engineers (hereinafter referred to as USACE or Permittee) for the Project. This Order is for the purpose described in application submitted by the Permittee. Pursuant to 33 C.F.R.

336.1, subdivision (a), "[a]though the USACE does not process and issue permits for its own activities, the USACE authorizes its own discharge of dredge or fill material by applying all applicable substantive legal requirements, including . . . seek[ing] state water quality certification for discharges of dredged or fill material into waters of the U.S.” The application was received on 14 January 2021. The application was deemed complete on 16 February 2021.

II. Public Notice The Central Valley Water Board provided public notice of the application pursuant to California Code of Regulations, title 23, section 3861. The Central Valley Water Board did not receive any comments.

III. Project Purpose The purpose of the Project is to address associated flood risk in the City of Sacramento and surrounding areas by implementing preventative erosion, overtopping and under-seepage control measures along the area’s levees.

IV. Project Description The Project is located (1) approximately 12 miles of the north and south banks of the American River immediately upstream from the confluence with the Sacramento River; (2) the east bank of the Natomas East Main Drainage Canal (NEMDC), the Dry, Robla, and Arcade Creeks, and the Magpie Creek Diversion Channel (collectively referred to as the East Side Tributaries); (3) the east bank of the Sacramento River downstream from the American River to Freeport, where the levee ties into the Beach Lake Levee, the southern defense for Sacramento; and (4) the Sacramento Weir and Bypass, located just north of the City of West Sacramento.

The Project consists of protecting and strengthening levees in the Project Area at specific Project Sites, including installing erosion protection and stability and seepage measures for the Sacramento River, American River, Magpie Creek and widening the Sacramento Weir and Bypass to provide capacity to divert a greater volume of floodwater into the Yolo Bypass when necessary to protect metropolitan Sacramento. Individual projects authorized by the Central Valley Water Board under this Order will include levee maintenance, repair and erosion control activities along the American River, Sacramento River, Magpie Creek, and Robla Creek. Project activities include seepage and slope protection, overtopping protection, erosion protection, and widening the Sacramento Weir and Bypass.

The following Special Status Species have the potential to occur within the Project area include: Giant garter snake, Valley elderberry longhorn beetle, Green sturgeon, Delta smelt, Western yellow‐billed cuckoo, Vernal pool fairy shrimp, Vernal pool tadpole shrimp, Swainson’s hawk, Winter-run chinook, Spring-run chinook, and steelhead.

V. Project Location County: Sacramento and Yolo Nearest City: Sacramento Section 1,3,4,10,12, Township 8 North, Range 5 East, MDB&M.

Section 4,5,6,7, Township 8 North, Range 6 East, MDB&M.

Section 25, Township 9 North, Range 4 East, MDB&M.

Sections 30-34 Township 9 North, Range 5 East, MDB&M.

Section 28, 32, 33, Township 9 North, Range 6 East, MDB&M.

Latitude: 38.56826° and Longitude: -121.406970° Maps showing the Project locations are found in Attachment A of this Order.

VI. Project Impact and Receiving Waters Information The Project is located within the jurisdiction of the Central Valley Water Board.

Receiving waters and groundwater potentially impacted by this Project are protected in accordance with the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, Fifth Edition, May 2018 (Basin Plan). The plan for the region and other plans and policies may be accessed at the State Water Resources Control Board's Plans and Policies Web page (http://www.waterboards.ca.gov/plans_policies/). The Basin Plan includes water quality standards, which consist of existing and potential beneficial uses of waters of the state, water quality objectives to protect those uses, and the state and federal antidegradation policies.

It is the policy of the State of California that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. This Order promotes that policy by requiring discharges to meet maximum contaminant levels designed to protect human health and ensure that water is safe for domestic use.

Permitted actions enrolled through this Order will increase periodically inundated floodplain habitat in the American River and the Sacramento-San Joaquin Delta.

Sediment in the American River and Sacramento-San Joaquin Delta is enriched with mercury due to historical mercury and/or gold mining and ongoing deposition from the American River and Sacramento-San Joaquin Delta. The Project boundary likely has deposits of mercury-containing sediments. Studies have shown that inundation and cycles of wetting and drying can cause methylmercury production. Therefore, the Project is expected to create additional methylmercury within the American River and Sacramento-San Joaquin Delta.

http://www.waterboards.ca.gov/plans_policies/ http://www.waterboards.ca.gov/plans_policies/

Methylmercury is a bioaccumulative neurotoxin that is harmful to humans and wildlife when ingested at elevated levels over a sustained period. The portion of the American River and Sacramento-San Joaquin Delta in the Project boundary is identified on the Clean Water Act Section 303(d) List as impaired by mercury because of elevated methylmercury concentrations in fish that, when consumed, pose a risk to wildlife and humans.

On 22 April 2010, the Central Valley Water Board adopted the Delta Mercury Control Program (DMCP), an amendment to the Sacramento River and San Joaquin River Basin Plan that implements a program to address mercury and methylmercury impairments in the Delta and Yolo Bypass. The DMCP includes fish-tissue objectives and methylmercury allocations for National Pollutant Discharge Elimination System (NPDES) wastewater facilities, municipal storm water, agricultural lands, wetlands, and open water in the Delta and Yolo Bypass.

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

VII. Description of Direct Impacts to Waters of the State The Permittee will perform the following activities under this Order:

American River: Individual project activities at this location include installation of approximately 31,000 linear feet of erosion protection, and 45,000 linear feet of launchable rock trench. For erosion protection along the American River, large stone riprap, ranging from 18 to 36 inches, will be placed on the waterside slope, and construction of a launchable rock trench, with a fine clean imported sand or silt fill over the top to allow for vegetation planting. Approximately 17 acres of fill would be placed within approximately 11 miles of the American River. The project will install a proposed launchable rock trench on the south bank of the river, filling approximately

0.4 acre of wetland habitat. The project will place approximately 2.75 million tons of rock that would be required to construct bank protection sites on the American River and Sacramento River.

Sacramento River: Individual project activities at this location include placement of 50,000 linear feet of cutoff wall and 50,300 linear feet of bank erosion protection.

Approximately 15 acres of fill will be placed in approximately 10 miles of the Sacramento River.

Sacramento Bypass and Levee: Individual project activities at this location include widening the bypass and weir by 1,500 feet. Relocation of the Sacramento Bypass north levee, as part of the Sacramento Bypass widening, would involve placement of approximately 14 acres of clean soil into waters of the state. The proposed soil would be clean and would be sourced from either current Sacramento Bypass north levee soils, from a tested and approved borrow site, or from a commercial source.

The widened Sacramento Bypass area of approximately 325 acres would become permanent waters of the state, thereby creating new floodplain habitat created within the widened bypass, due to the potential for natural establishment of wetlands within this area.

East Side Tributaries: The East Side Tributaries include Dry Creek, Robla Creek, Arcade Creek, and Magpie Creek. The NEMDC conveys drainage water from the East Side Tributaries to the Sacramento River upstream of the confluence of the Sacramento and American Rivers.

Dry/Robla Creek: Individual project activities at this location include construction of 2,500 linear feet of floodwall to prevent overtopping. Cutoff walls will also be installed to prevent seepage.

Arcade Creek: Individual project activities at this location include installing cutoff walls, raising the floodwalls, and placing geotextile reinforced soil embankment levee in steep areas of the south levee.

Magpie Creek: Individual project activities at this location include placement of a floodwall, installation of 3,100 linear feet of raised and new levee construction, as well as, 79 acres of a detention basin. The implementation of levee raises at Magpie Creek would involve the discharge of fill material into waters of the state. The proposed soil would be clean and would be imported from either a tested and approved borrow site or from a commercial source. Approximately 0.25 acre of soil fill would be placed along the land side of the Magpie Creek levee in waters of the state. Approximately 1 acre of fill would be placed in vernal pool habitat. Dewatering will occur within the individual project areas. A turbidity curtain and/or other turbidity minimization measure would be installed prior to any in-water work conducted on the waterside of the levees. No wet concrete will be placed into stream channel or wetland habitat.

Total individual project fill/excavation quantities for all impacts will be submitted annually by the Permittee. Permanent impacts are categorized as those resulting in a physical loss in area and also those degrading ecological condition.

VIII. Description of Indirect Impacts to Waters of the State The Central Valley Water Board recognizes the potential for indirect impacts to waters of the state associated with the Project. The Permittee will identify individual project activities resulting in indirect impacts to waters of the state and quantify indirect impacts as part of the reporting requirements of this Order.

Activities resulting in indirect impacts may include where a direct impact to a wetland reduces the functions of the remaining wetland, where impervious surfaces reduce water quality of receiving waters, or where a direct impact to a riparian zone reduces the water quality of receiving waters. American River Common Features (ARCF) individual project activities that may result in impacts to waters of the state, further described in Chapter 3 of the Final ARCF Environmental Impact Report (EIR), include indirect effects to fish habitat from the removal of vegetation from the levee slopes and indirect effects due to loss of habitat and temporal effects while habitat mitigation establishes.

IX. Avoidance and Minimization The Permittee will describe individual project design steps taken to first avoid, and then minimize, impacts to waters of the state to the maximum extent practicable in the individual application, which must be completed for enrollment under this Order.

The Permittee shall implement the Impact Avoidance and Minimization Measures listed in the Section 3.5.6 of the of the ARCF EIS/EIR, incorporated herein by reference.

• Conduct earthwork during low flow periods (July 1 through November 30).

• To the extent possible, stage construction equipment and materials on the landside of the subject levee reaches in areas that have already been disturbed.

• Minimize ground and vegetation disturbance during project construction by establishing designated equipment staging areas, ingress and egress corridors, spoils disposal and soil stockpile areas, and equipment exclusion zones prior to the commencement of any grading operations.

• Stockpile soil on the landside of the levee reaches, and install sediment barriers (e.g., silt fences, fiber rolls, and straw bales) around the base of stockpiles to intercept runoff and sediment during storm events. If necessary, cover stockpiles with geotextile fabric to provide further protection against wind and water erosion.

• Install sediment barriers on graded or otherwise disturbed slopes as needed to prevent sediment from leaving the project site and entering nearby surface waters.

• Install plant materials to stabilize cut and fill slopes and other disturbed areas once construction is complete. Plant materials could include an erosion control seed mixture or shrub and tree container stock. Temporary structural BMPs, such as sediment barriers, erosion control blankets, mulch, and mulch tackifier, could be installed as needed to stabilize disturbed areas until vegetation becomes established.

• Conduct water quality tests specifically for increases in turbidity and sedimentation caused by construction activities.

• Water samples for determining background levels shall be collected in the adjacent water body for each erosion construction site. Testing to establish background levels shall be performed at least once a day when construction activity is in progress. Water samples for determining down current conditions shall be collected in the adjacent water body at a point 5 feet out from the shoreline and 300 feet down current of each erosion site. During periods when there are no in‐water construction activities, random, weekly water monitoring will be performed. During periods of in‐water construction, water monitoring will occur hourly.

• During working hours, the construction activity shall not cause the turbidity in the adjacent water body down current from the construction sites to exceed the Basin Plan turbidity objectives. Specifically, where natural turbidity is between 0 and 5 NTUs, increases shall not exceed 1 NTU; where natural turbidity is between 5 and 50 NTUs, increases shall not exceed 20%; where natural turbidity is between 50 and 100 NTUs, increases shall not exceed 10 NTUs; and where natural turbidity is greater than 100 NTUs, increases shall not exceed 10 percent. In determining compliance with these limits, appropriate averaging periods could be applied provided that beneficial uses will be fully protected.

X. Compensatory Mitigation The Permittee has agreed to provide compensatory mitigation for direct and indirect impacts as described in Section XIV.K for permanent impacts.

XI. California Environmental Quality Act (CEQA) On 19 June 2016, the Central Valley Flood Protection Board, as lead agency, certified an environmental impact report/environmental impact statement (EIR/EIS) (State Clearinghouse (SCH) No. 2005072046) for the Project and filed a Notice of Determination (NOD) at the SCH on 15 June 2016. Pursuant to CEQA, the Central Valley Water Board has made Findings of Facts (Findings) which support the issuance of this Order and are included in Attachment C.

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

XIII. Fees Received 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.

XIV. Administrative Findings

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

2. If the Central Valley Water Board determines that there is a threatened or continuing violation of this Order, it may issue an order establishing a time schedule and prescribing a civil penalty which shall become due if compliance is not achieved in accordance with that time schedule. (Water Code § 13308, subd.

(a).) The amount of the civil penalty shall be based upon the amount reasonably necessary to achieve compliance and may not exceed $10,000 for each day in which the violation occurs under Water Code section 13308, subdivision (b).

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

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

XV. Conditions The Central Valley Water Board will independently review the record of any individual project proposed for authorization under this Certification to analyze impacts to water quality and designated beneficial uses within the watersheds of the individual project. In accordance with this Certification, the Permittee may proceed with individual projects under the following terms and conditions:

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

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

Documents less than 50 MB must be emailed to:

centralvalleysacramento@waterboards.ca.gov In the subject line of the email, include the Central Valley Water Board Contact, Project name, and WDID No. Documents that are 50 MB or larger must be transferred to a disk and mailed to the Central Valley Water Board Contact.

mailto:centralvalleysacramento@waterboards.ca.gov

1. Request for Authorization

a. The Permittee must submit a request for individual project authorization under this Order by submitting an individual application or with the Monthly Report (Report Type #1) to the Central Valley Water Board at least 45 days before any individual project activity. Effective 13 October 2014, request for authorization and attachments, and submission of material for the development of the water quality certification must be submitted electronically.

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

centralvalleysacramento@waterboards.ca.gov.

In the subject line of the email, include the Central Valley Water Board Contact, individual 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.

b. Upon receipt of a completed request for authorization, the Central Valley Water Board will transmit a Notice of Applicability (NOA) to the Permittee verifying enrollment in this Order within 15 days of issuing the Notice of Complete Application.

2. Project Reporting

a. Monthly Reporting: The Permittee must submit a Monthly Report to the

Central Valley Water Board on the 1st day of each month beginning the month after the submittal of the Commencement of Construction Notification. Monthly reporting shall continue until the Central Valley Water Board issues a Notice of Project Complete Letter to the Permittee.

b. Annual Reporting: The Permittee shall submit an Annual Report each year on the 1st day of the month one year after the submittal of the Commencement of Construction Notification. Annual reports shall continue until the expiration date of the Order.

3. Project Status Notifications

a. Commencement of Construction: The Permittee shall submit a

Commencement of Construction Report at least seven (7) days prior to start of initial ground disturbance activities, and include the corresponding Waste Discharge Identification Number (WDID#) issued under this Order.

Additionally, if applicable, the Report shall also include the Permittee number issued for coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ; NPDES No. CAS000002).

b. Request for Notice of Completion of Discharges Letter: The Permittee shall submit a Request for Notice of Completion of Discharges Letter following completion of active Project construction activities, including any required restoration and Permittee -responsible mitigation. This request shall be submitted to the Central Valley Water Board staff within thirty (30) days following completion of all Project construction activities. Upon acceptance of the request, Central Valley Water Board staff shall issue a Notice of Completion of Discharges Letter to the Permittee which will end the active discharge period.

c. Request for Notice of Project Complete Letter: The Permittee shall submit a Request for Notice of Project Complete Letter when construction and/or any post-construction monitoring is complete, and no further Project activities will occur. Completion of post-construction monitoring shall be determined by Central Valley Water Board staff and shall be contingent on successful attainment of restoration and mitigation performance criteria. This request shall be submitted to Central Valley Water Board staff within thirty (30) days following completion of all Project activities. Upon approval of the request, the Central Valley Water Board staff shall issue a Notice of Project Complete Letter to the Permittee which will end the post discharge monitoring period.

4. Conditional Notifications and Reports:

The following notifications and reports are required as applicable.

a. Accidental Discharges of Hazardous Materials1

Following an accidental discharge of a reportable quantity of a hazardous material, sewage, or an unknown material, the following applies (Water Code, Section 13271):

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

• first call – 911 (to notify local response agency)

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

• then call – Office of Emergency Services (OES) State Warning Center at:(800) 852-7550 or (916) 845-8911

• Lastly, follow the required OES, procedures as set forth in the Office of Emergency Services’ Accidental Discharge Notification Web page (http://www.caloes.ca.gov/FireRescueSite/Documents/CalOES- Spill_Booklet_Feb2014_FINAL_BW_Acc.pdf)

ii. Following notification to OES, the Permittee shall notify Central Valley Water Board, as soon as practicable (ideally within 24 hours).

Notification may be delivered via written notice, email, or other verifiable means.

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

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

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

c. In-Water Work and Diversions:

i. The Permittee shall notify the Central Valley Water Board at least forty-eight (48) hours prior to initiating work in water or stream diversions.

Notification may be delivered via written notice, email, or other verifiable means.

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

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

e. Transfer of Property Ownership:

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

This Order is not transferable in its entirety or in part to any person or organization except after notice to the Central Valley Water Board in accordance with the following terms:

i. The Permittee must notify the Central Valley Water Board of any change in ownership or interest in ownership of the individual project area by submitting a Transfer of Property Ownership Report. The Permittee and purchaser must sign and date the notification and provide such notification to the Central Valley Water Board at least 10 days prior to the transfer of ownership. The purchaser must also submit a written request to the Central Valley Water Board to be named as the Permittee in a revised order.

ii. Until such time as this Order has been modified to name the purchaser as the Permittee , the Permittee shall continue to be responsible for all requirements set forth in this Order.

f. Transfer of Long-Term BMP Maintenance:

If maintenance responsibility for post-construction BMPs is legally transferred, the Permittee must submit to the Central Valley Water Board a copy of such documentation and must provide the transferee with a copy of a long-term BMP maintenance plan that complies with manufacturer or designer specifications. The Permittee must provide such notification to the Central Valley Water Board with a Transfer of Long-Term BMP Maintenance Report at least 10 days prior to the transfer of BMP maintenance responsibility.

B. Water Quality Monitoring

1. General:

If surface water is present, continuous visual surface water monitoring shall be conducted during active construction periods to detect accidental discharge of construction related pollutants (e.g. oil and grease, turbidity plume, or uncured concrete). Sampling is not required in a wetland where the entire wetland is being permanently filled, provided there is no outflow connecting the wetland to surface waters. The Permittee shall perform surface water sampling:

a. when performing any in-water work;

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

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

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

2. Accidental Discharges/Noncompliance:

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

3. In-Water Work or Diversions:

For individual projects involving planned work in water or stream diversions, a water quality monitoring plan shall be submitted to Central Valley Water Board staff for acceptance at least 30 days in advance of any discharge to the affected water body. Water quality monitoring shall be conducted in accordance with the approved plan.

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 dissolved oxygen to be reduced below 5.0 mg/L for waters designated with the WARM beneficial use, and 7.0 mg/L for waters designated with the COLD or SPWN beneficial uses, in surface water.

c. 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 NTU;

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;

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.

For individual projects located in the American River (Folsom Dam to Sacramento River), except for periods of storm runoff, the turbidity shall be less than or equal to 10 NTUs. To the extent of any conflict with the general turbidity objective, the more stringent applies.

For Delta waters, the general objectives for turbidity apply subject to the following: except for periods of storm runoff, the turbidity of Delta waters shall not exceed 50 NTUs in the waters of the Central Delta and 150 NTUs in other Delta waters.

d. Activities shall not cause temperature in surface waters to increase more than 5°F above natural receiving water temperature for waters with designated COLD or WARM beneficial uses.

Sampling during in-water work or during the entire duration of temporary water diversions shall be conducted in accordance with Table 1 sampling parameters.2 The sampling requirements in Table 1 shall be conducted upstream out of the influence of the Project, and approximately 300 feet downstream of the work area.

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

XIV.C.3.

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

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. Grab samples shall be taken between the surface and mid-depth and not be collected at the same time each day to get a complete representation of variations in the receiving water. A hand-held field meter may be used, provided the meter utilizes a U.S. EPA-approved algorithm/method and is calibrated and maintained in accordance with the manufacturer’s instructions. A calibration and maintenance log for each meter used for monitoring shall be maintained onsite.

Table 1: Sample Type and Frequency Requirements

Parameter Unit of Measurement

Type of Sample Minimum Frequency

Dissolved Oxygen mg/L and % saturation Grab Every 4 Hours pH Standard Units Grab Every 4 hours

Turbidity NTU Grab Every 4 hours

Temperature °F (or as °C) Grab Every 4 hours

Visible construction related pollutants3 Observations Visual

Inspections

Continuous throughout the construction period

4. Post-Construction:

If the individual project includes ground disturbance, visually inspect the site during the rainy season (October 1-April 30) until a Notice of Completion is issued to ensure excessive erosion, stream instability, or other water quality pollution is not occurring in or downstream of the Project site. If water quality pollution is occurring, contact the Central Valley Water Board staff member overseeing the individual project within three (3) working days. The Central Valley Water Board may require the submission of a Violation of Compliance with Water Quality Standards Report. Additional permits may be required to carry out any necessary site remediation.

C. Standard

1. This Order is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Water Code section 13330, and California Code of Regulations, Title 23, Chapter 28, article 6 commencing with sections 3867-3869, inclusive. Additionally, the Central Valley Water Board reserves the right to suspend, cancel, or modify and reissue this Order, after providing notice to the Permittee , if the Central Valley Water Board determines that: the Project fails to comply with any of the conditions of this Order; or, when necessary to implement any new or revised water quality standards and implementation plans adopted or approved pursuant to the Porter-Cologne Water Quality Control Act (Water Code, section 13000 et seq.) or federal Clean Water Act section 303 (33 U.S.C.

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

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

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

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

D. General Certification Conditions

1. The Permittee shall obtain a separate Water Quality Certification for additional impacts not covered in this Order, including impacts not within the ARCF Project Area.

2. The Central Valley Water Board staff will review the application and evaluate whether it qualifies for enrollment under this Order. Within 30 days of application receipt, Central Valley Water Board staff shall determine if the application is complete. If the application is complete, within 45 days of application receipt, the Central Valley Water Board will issue a NOA, informing the Permittee that the proposed activity qualifies for authorization.

The Central Valley Water Board reserves the authority to request additional information or exclude any segments from coverage if it cannot determine that the work on the proposed segments is consistent with the impacts identified in this Order or is not sufficiently protective of water quality standards or beneficial uses.

E. General Compliance

1. Failure to comply with any condition of this Order shall constitute a violation of the Porter-Cologne Water Quality Control Act and the Clean Water Act.

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

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

4. The Permittee shall adhere to all requirements in the mitigation monitoring and reporting program (MMRP) which is incorporated herein by reference and any additional measures as outlined in Attachment C, CEQA Findings of Fact.

5. Construction General Permit Requirement: The Permittee 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;

NPDES No. CAS000002), as amended, for discharges to surface waters comprised of storm water associated with construction activity, including, but not limited to, demolition, clearing, grading, excavation, and other land disturbance activities of one or more acres, or where individual projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres.

F. Administrative

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

2. This Order does not authorize any act which results in the taking of a threatened, endangered or candidate species or any act, which is now prohibited, or becomes prohibited in the future, under either the California Endangered Species Act (Fish & Wildlife Code, sections 2050-2097) or the federal Endangered Species Act (16 U.S.C. sections 1531-1544). If a “take” will result from any act authorized under this Order held by the Permittee , the Permittee must comply with the California Endangered Species Act and federal Endangers Species Act prior to any construction or operation of the portion of the Project that may result in a take. The Permittee is responsible for meeting all requirements of the applicable endangered species act for the Project authorized under this Order.

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

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

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

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

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

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

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

6. Lake or Streambed Alteration Agreement: If issued, the Permittee shall submit a signed copy of the California Department of Fish and Wildlife’s Lake or Streambed Alteration Agreement or other authorization letter to the Central Valley Water Board immediately upon receipt and prior to any discharge to waters of the state.

G. Construction Best management practices shall be followed to protect water quality from fill and/or excavation impacts as much as possible. If applicable, the following conditions apply to each individual project authorized by this Order:

1. Dewatering

a. If water is present, the Permittee shall notify Central Valley Water Board staff and the area must be dewatered prior to start of work.

b. If water is present, the Permittee shall develop and maintain on-site a Surface Water Diversion and/or Dewatering Plan(s). The Plan(s) must be developed prior to initiation of any water diversions. The Plan(s) shall include the proposed method and duration of diversion activities and include water quality monitoring conducted, as described in section XIV.C.3, during the entire duration of dewatering and diversion activities.

The Plan(s) must be consistent with this Order and must be made available to the Central Valley Water Board staff upon request.

c. For any temporary dam or other artificial obstruction being constructed, maintained, or placed in operation, sufficient water shall at all times be allowed to pass downstream, to maintain beneficial uses of waters of the state below the dam. Construction, dewatering, and removal of temporary cofferdams shall not violate section XIV.C.3.

d. 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.

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

f. The Permittee shall work with the Central Valley Water Board to obtain coverage under an NPDES permit for dewatering activities that result in discharges into surface water. The Permittee shall work with the Central Valley Water Board to obtain coverage under Waste Discharge Requirements (WDRs) for dewatering activities that result in discharges to land.

2. Directional Drilling – Not Applicable

3. Dredging – Not Applicable

4. Fugitive Dust

Dust abatement activities can cause discharges of sediment to streams and uplands through application of water or other fluids. Dust abatement chemicals added to water can be hazardous to wildlife and, if allowed to enter streams, detrimental to water quality. Therefore, dust abatement activities shall be conducted so that sediment or dust abatement chemicals are not discharged into waters of the state. Dust abatement products or additives that are known to be detrimental to water quality or wildlife shall not be used, unless specific management needs are documented, and product-specific application plans are approved by Central Valley Water Board staff.

5. Good Site Management “Housekeeping”

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

b. Refueling of equipment within the floodplain or within 300 feet of the waterway is prohibited. If critical equipment must be refueled within 300 feet of the waterway, spill prevention and countermeasures must be implemented to avoid spills. Refueling areas shall be provided with secondary containment including drip pans and/or placement of absorbent material. No hazardous materials, pesticides, fuels, lubricants, oils, hydraulic fluids, or other construction-related potentially hazardous substances should be stored within a floodplain or within 300 feet of a waterway. The Permittee must perform frequent inspections of construction equipment prior to utilizing it near surface waters to ensure leaks from the equipment are not occurring and are not a threat to water quality.

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

6. Hazardous Materials

a. The discharge of petroleum products, any construction materials, hazardous materials, pesticides, fuels, lubricants, oils, hydraulic fluids, raw cement, concrete or the washing thereof, asphalt, paint, coating material, drilling fluids, or other substances potentially hazardous to fish and wildlife resulting from or disturbed by individual project-related activities is prohibited and shall be prevented from contaminating the soil and/or entering waters of the state. In the event of a prohibited discharge, the Permittee shall comply with notification requirements in sections XIV.B.3.a and XIV.B.3.b.

b. No wet concrete will be placed into wetland, vernal pool or stream channel habitat.

7. Invasive Species and Soil Borne Pathogens Prior to arrival at the individual project site and prior to leaving the individual project site, construction equipment that may contain invasive plants and/or seeds shall be cleaned to reduce the spread of noxious weeds.

8. Post-Construction Storm Water Management – Not…