W912PL21B0004_FIO-4-WaterQualityCertification2019.pdf

Santa Ana Regional Water Quality Control Board

April 11, 2019

Mr. Naeem Siddiqui (CESPL-PNR-N) U.S. Army Corps of Engineers - Los Angeles District 915 Wilshire Boulevard Los Angeles , CA 90017

Email: Naeem.a.siddiqui@usace.army.mil

N,.~ JARED B LUMENFELD

l~~ SECRETARY FOR

~ ENVIRONMENTAL PROTECTION

CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER FOR

THE SANTA ANA RIVER MAINSTEM PROJECT, ALCOA DIKE (SARWQCB WDID #

332019-08)

Dear Mr. Siddiqui :

Enclosed please find a Clean Water Act Section 401 Water Quality Certification and Order, authorized by Santa Ana Regional Water Quality Control Board Executive Officer, Hope A. Smythe. This Order is issued to you for the Santa Ana River Mainstem Project, Alcoa Dike (Project) . Attachments A through C of the Enclosure are also part of the Order.

This Order is issued in response to an application submitted by the U.S. Army Corps of Engineers - Los Angeles District (USACE) for proposed Project discharge to waters of the State to ensure that the water quality standards for all waters of the State impacted by the Project are met. You may proceed with your Project according to the terms and conditions of the enclosed Order.

If you require further assistance, please contact me by phone at (951) 782-4963 or by email at Claudia.Tenorio@waterboards.ca.gov. You may also contact David Woelfel , Chief of Regional Planning Programs Section, by phone at (951) 782-7960 or by email at David .Woelfel@waterboards.ca.gov.

Sincerely, Claudia Tenorio Environmental Scientist Regional Planning Programs Section Santa Ana Regional Water Quality Control Board

Enclosures (1 ): Order for Santa Ana River Mainstem Project, Alcoa Dike

W ILLIAM RUH, CHAl'R I H OPE SMYTHE, EXECUTIVE OFFICER

3737 Main St., Suite 500, Riverside, CA 92501 I www.waterboards .ca.gov/santaana

0 RECYCLED PAPER

Mr. Siddiqui USACE - Los Angeles District

SARWQCB WDID # 332019-08

cc: [Via email only] (w/ enclosure):

- 2 -

U.S. Environmental Protection Agency, Region 9 - Wetlands Section - Megan Fitzgerald - Fitzgerald.Megan@epa.gov Melissa Scianni - Scianni.Melissa@epa.gov

April 11 , 2019

U.S Fish and Wildlife Service - Rebecca Gordon - rebecca gordon@fws.gov State Water Resource Control Board , Office of Chief Counsel -- Teresita Sablan -

Teresita. Sablan@waterboards.ca.gov State Water Resources Control Board, Division of Water Quality -- Water Quality

Certification Unit Santa Ana Regional Water Quality Control Board - David Woelfel

Water Boards

Santa Ana Regional Water Quality Control Board

N; ~ JARED B LUMENFELD

l~~ SECRETARY FOR

~ ENVIRONMENTAL PROTECTION

CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER

Effective Date: April11 , 2019 Reg. Meas. ID: 429254 Place ID: 856751

Program Type: Fill/Excavation SARWQCB WDID: 332019-08 USACE #: Not Issued

Project Type: Dams

Project: Santa Ana River Mainstem Project, Alcoa Dike (Project)

Applicant: U.S. Army Corps of Engineers - Los Angeles District

Applicant Contact: Naeem Siddiqui (CESPL-PDR-N) Ecosystem Planning Section U.S. Army Corps of Engineers - Los Angeles District 915 Wilshire Boulevard Los Angeles, CA 90017 Phone: (213) 304-6272 Email : Naeem.a.siddiqui@usace.army.mil

Water Board Staff: Claudia Tenorio Environmental Scientist 3737 Main Street, Suite 500 Riverside, CA 92501 Phone: (951) 782-4963 Email : Claudia .Tenorio@waterboards.ca.gov

Water Board Contact Person:

If you have any questions, please call Santa Ana Regional Water Quality Control Board (Santa Ana Water Board) staff listed above or (951) 782-4130 and ask to speak with the Regional Planning Programs Section Chief.

W ILLIAM R UH, CHAIR I H OPE S MYTHE , EXECUTIVE OFFICER

3737 Main St .. Suite 500 , Riverside , CA 92501 I www.waterboards .ca .gov/ santaana

Q RECYC L ED PAPER

Santa Ana River Mainstem Project, Alcoa Dike

SARWQCB WDID # 332019-08

Table of Contents

Reg. Meas. ID: 429254 Place ID: 856751

I. Order

II. Public Notice

111. 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. Conditions

XV. Water Quality Certification

Attachment A Attachment B Attachment C

Project Maps(s) Report and Notification Requirements Signatory Requirements

I. Order

Reg. Meas. ID: 429254 Place ID: 856751

This Clean Water Act (CWA) section 401 Water Quality Certification action and Order (Order) is issued at the request of U.S. Army Corps of Engineers - Los Angeles District (herein after Permittee) for the Project. This Order is for the purpose described in the application submitted by the Permittee. The application was received on March 4, 2019. The application was deemed complete on March 29, 2019.

Santa Ana Water Board staff requested additional information necessary to supplement the contents of the complete application , and the Permittee responded to the request for supplemental information as summarized in Table 1.

Table 1: Record of Supplemental Application Information

Date of Request for Suoolemental Information Date Requested Information Received

3/18/2019 3/20/2019

3/21/2019 3/21/2019

II. Public Notice The Santa Ana Water Board provided public notice of the application pursuant to California Code of Regulations, Title 23, section 3858 from March 5, 2019 to the effective date of the Order. The Santa Ana Water Board did not receive any comments during the comment period.

Ill. Project Purpose The Permittee is proposing to construct a dike (Alcoa Dike) to reduce flood risk to public and private property. The Project will provide protection from predicted future inundation associated with the planned increased height of the Prado Dam spillway to between the elevations of 556 feet and 566 feet above sea level.

IV. Project Description The proposed dike will be approximately 7,530 feet in length (varying in elevation between 566 feet and 569.8 feet above sea level) . The dike will have a top width of 15 feet and an average height of 20 feet with a maximum height of 30 feet above the existing ground surface.

An estimated 264,768 cubic yards (CY) of onsite excavation and approximately 610,888 CY of fill material will be required. Approximately 478,889 CY of fill will be imported from a borrow site located about 1.5 miles west of the Project site. Additionally, approximately 27,261 tons of rock rip-rap will be required for the construction of the dike. The total Project size is 250.29 acres.

Implementation of the proposed Project will result in the permanent loss of approximately 7.25 acres of native riparian vegetation, 61 .04 acres of non-native upland habitat (non-native grassland and non-native woodland) , and 7.85 acres of developed areas. The Project will also result in temporary loss of approximately 19.38 acres of native riparian vegetation , 124.44 acres of non-native upland habitat (non-native grassland and non-native woodland) , 12.83 acres of native upland, and 8.63 acres of developed areas. The construction of the proposed dike will not occur within the flows of the Temescal Creek nor the Santa Ana River.

Reg . Meas. ID: 429254 Place ID: 856751

To provide for local drainage, additional Project activities include the construction of a 1,200-foot long, concrete v-ditch and 36-inch wide drainage pipe to Temescal Creek; two (2) 36-inch drainage structure (culverts) extending through the main dike embankment; two (2) culverts extending through the Rincon Street embankment; and four (4) ponding areas. Additionally, a drainage swale to Temescal Creek adjacent to and east of Auburndale Street and a drainage swale to Temescal Creek adjacent to and west of Lincoln Street will be constructed . The purpose of these features is to provide interior drainage behind the dike. Two 15-foot wide maintenance access roads will be constructed, extending along the toe of the embankment on both sides of the dike (one on each side) .

The Permittee is not anticipating encountering groundwater during excavation activities. If groundwater is encountered during active construction activities, dewatering of the construction site will be required to avoid and/or minimize potential impacts to groundwater supply and quality.

The Project may be built in stages, with multiple start dates and construction periods for various sections of the Project, depending on land acquisition , utility relocation schedule, environmental restrictions, and weather delays. Vegetation clearing activities commenced in December 2018, and the excavation/grading and filling of dike construction will begin in April 2019. Construction activities are anticipated to last approximately 36 months and are expected to be completed by November or December 2021. The construction phasing may result in an extension of the overall Project duration beyond the Winter of 2021 (beyond the approximate 36 months).

The Project staging area is located at the northwest corner of the intersection of Rincon Street and Lincoln Avenue. Additional staging, stockpile, and equipment staging areas have been identified within the proposed construction footprint. The staging areas have already been cleared and grubbed and are incorporated into the proposed Project footprint to minimize the amount of additional habitat disturbance. All the staging areas will be restored with appropriate native vegetation upon completion of the Project.

Haul roads and vehicular access roads will be needed during construction. The haul route and access roads will be used to bring equipment and construction materials from the borrow site, commercial quarries, or staging areas.

The dike will cross over Rincon Street, Butterfield Drive, and Auburndale Street. As a result, Phase 2 of the Project includes raising the existing Rincon Street to match the grade of the proposed dike, realigning Butterflied Drive, and tying in the eastern end of the proposed Alcoa dike to Lincoln Road bridge at Temescal Creek.

Routine maintenance inspections and minor repairs will be required after construction is complete. These activities may occur weekly to daily during the flood season and weekly to monthly during the non-flood season. The routine maintenance activities may include utilizing dump trucks and hydraulic excavators to haul and place stones along eroded areas of the dike to protect and reinforce the dike as necessary; periodic weeding , patching stone, and asphalt of maintenance roads; and periodic clearing of debris around drainage structures.

Most inspections and minor repairs would be confined to paved maintenance and access roads.

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V. Project Location

The Project site is located within the drainage basin of Temescal Creek, approximately 2.5 miles east of the Prado Dam embankment, in the City of Corona in Riverside County. The dike will be located adjacent to Smith Avenue and Rincon Street (33"52'15.54" N/-11 T42'13.1 O" W). Maps showing the Project location are found in Attachment A of this Order.

VI. Project Impact and Receiving Waters Information

The Project is located within the jurisdiction of the Santa Ana Water Board. Receiving waters and groundwater potentially impacted by this Project are protected in accordance with the Water Quality Control Plan for the Santa Ana Basin (1995) and subsequent amendments (Basin Plan) and other plans and policies, which may be accessed online at:

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.

Receiving Water:

Existing or Potential Beneficial Uses:

Prado Basin Management Zone (Hydrological Unit: 802.21)

Water Contact Recreation (REC1 ), Non-contact Water Recreation (REC2), Warm Freshwater Habitat (WARM), Wildlife Habitat (WILD), Rare, Threatened , or Endangered Species (RARE)

VII. Description of Direct Impacts to Waters of the State

The proposed Project, including Phase 2, will result in 26.63 acres of impact to waters of the State, of which 7.25 acres are permanent and 19.38 acres are temporary. Because certain elements of the Phase 2 design are not finalized , it is possible that additional impacts to waters of the United States (WOTUS) and waters of the State may occur. Therefore, the Permittee is requesting certification for a potential additional 3.5 acres of impact to waters of the State (3 acres permanent and 0.5 acre temporary) , and 0.03-acre impacts to wetlands (0.01 acre permanent and 0.02 acre temporary) . As a result , the total potential impact to waters of the State is 30.16 acres, as shown in Table 2. The direct permanent and temporary impacts will be the result of the loss of habitat and physical loss of area to riparian , stream channel , and wetland aquatic resource types from the construction of the proposed Alcoa Dike.

Impacts to native plant communities will occur as a result of the removal of vegetation during construction activities. The ground-disturbing activities include clearing and grading for the construction of the dike, access roads, ponding areas, road crossings, staging areas, stockpiling , and construction site access. The construction activities may also result in the temporary degradation of habitat values in adjacent areas to the Project site.

Construction , operation , and maintenance of the proposed Project will include soil-disturbing activities that could result in soil erosion and sedimentation that may subsequently cause and/or contribute to water quality degradation, particularly if a precipitation event were to occur while soils are actively disturbed. Additionally, potential impacts also exist to surface and groundwater quality from accidental leaks or spills of potentially hazardous materials, including fuels and lubricants required for operation of construction vehicles and equipment.

Additionally, surface drainage from upland areas may be impeded and accumulate behind the dike during storms; however, this impact is only anticipated to be temporary. Interior drainage

Reg . Meas. ID: 429254 Place ID: 856751 features will be constructed as part of the proposed Project to provide local drainage behind the dike.

There are several existing mitigation sites near the Project site, and the closest site encompasses two former wastewater treatment ponds on the northwest side of the proposed Alcoa Dike. The dike has been designed to avoid impacts to this and other mitigation sites.

Neither the footprint of the dike nor the proposed raising of Rincon Street will directly affect the adjacent mitigation site. Hydrology in the area will also not be affected.

Any future maintenance activities are not expected to alter the overall hydrology or drainage patterns of the area but may introduce potential water quality impacts associated with the use of motorized vehicles and equipment.

Total Project fill/excavation quantities for all impacts are summarized in Table 2. Permanent impacts are categorized as those resulting in a physical loss in area and also those degrading ecological condition only.

Table 2: Total Project Fill/Excavation Quantity Permanent Impact

Aquatic Temporary lmpact1

Physical Loss of Area Degradation of Ecological

Resource Type Condition Only Acres cy2 LF Acres CY LF Acres CY

Riparian Zone 19.38 -- -- 7.25 -- -- -- -- Stream Channel 0.50 -- -- 3.0 -- -- -- -- Wetland 0.02 -- -- 0.01 -- -- -- --

VIII. Description of Indirect Impacts to Waters of the State

The Santa Ana Water Board recognizes the potential for indirect impacts to waters of the State associated with the Project. Indirect impacts could include alterations in existing topography and hydrology regimes. Other indirect effects of this disturbance include an increase in the amount of compacted or modified surface that may increase the potential for forceful surface runoff, increased erosion, and potential destruction of intact vegetation outside of the Project footprint.

IX. Avoidance and Minimization

The Permittee has proposed to implement standard construction Best Management Practices (BMPs) to minimize potential impacts to waters of the State. Additionally, the Permittee has proposed to implement several environmental commitments and conservation measures to avoid and minimize impacts to waters of the State and designated critical habitat.

X. Compensatory Mitigation

The Permittee has agreed to provide compensatory mitigation for direct temporary and permanent impacts to WOTUS and waters of the State. This mitigation is described in sections XIV.H and I. Additionally, all the staging areas will be restored with appropriate native vegetation upon completion of the Project.

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

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

LF

Reg . Meas. ID: 429254 Place ID: 856751

The potential areas that have been identified for off-site mitigation include the Permittee owned section of Temescal Creek between Auburndale Street and Lincoln Avenue, as well as the 391-acre parcel shown in Attachment A (APN 1011110002).

The U.S. Federal Wildlife Service (USFWS) issued a final Biological Opinion (BO) to the Permittee on August 23, 2018, for the proposed Project and potential impacts to the federally endangered Vireo be/Iii pusillus (Least Bell 's vireo) and its designated critical habitat and the federally threatened Polioptila californica (California gnatcatcher). The BO concluded that the Project is not likely to jeopardize the continued existence of the Least Bell 's vireo or California gnatcatcher and will not result in the destruction nor adverse modification of designated critical habitat with the implementation of the conservation measures identified in the BO.

XI. California Environmental Quality Act (CEQA)

Pursuant to California Code of Regulations, Title 14, Chapter 3, section 15096, as a Responsible Agency, the Santa Ana Water Board is required to consider environmental documents prepared by the lead agency to determine whether a project should receive Certification. A responsible agency has the responsibility to mitigate and avoid only the direct and indirect environmental effects of those parts of the project that it decides to carry out, finance, or approve. Further, the responsible agency must make findings as required by section 15091 and, if necessary, section 15093 for each and every significant impact of the Project.

The Permittee, as lead federal agency for the National Policy Environmental Act (NEPA), approved in 2001 a final Supplemental Environmental Impact Statement and Environmental Impact Report (SEIS/EIR) for Prado Basin and Vicinity, including construction of the Alcoa Dike, and the proposed Project is covered under this SEIS/EIR. The Prado Basin and Vicinity project is a component of the Permittee's Santa Ana River Mainstem Flood Control Project. As the lead CEQA agency, Orange County Flood Control District (District) certified the SEIS/EIR.

As required by section 15096, in approving this Certification , the Santa Ana Water Board has considered the SEIS/EIR approved by the Permittee and certified by the District and subsequent information provided by the Permittee. More specifically, the Santa Ana Water Board considered those sections of the SEIS/EIR pertaining to impacts to water quality standards. Additionally, the Permittee completed in 2018 a Final Supplemental Environmental Assessment (SEA)/EIR Addendum to analyze changes to the Alcoa Dike Project design. The SENEIR Addendum includes an updated description and analysis of environmental resources that occur within the proposed Project area.

Based on the mitigation and conservation measures proposed in the SENEIR and the Conditions set forth in this Certification , potentially adverse impacts to water quality standards should be reduced to a less than significant level and beneficial uses protected , if all stated mitigation and conditions are performed.

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

XIII. Fees Received

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As an agency of the federal government, legal determination exempts the Permittee from paying fees.

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

A. Authorization Impacts to waters of the State shall not exceed quantities shown in Table 2.

B. Reporting and Notification Requirements The following section details the reporting and notification types and timing of submittals.

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

1. Project Reporting:

a. Annual Reporting. The Permittee shall submit an Annual Report each year on the anniversary of the effective date of this Order. Annual reporting shall continue until a Notice of Project Complete Letter is issued to the Permittee.

2. Project Status Notifications:

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

b. Request for Notice of 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 Santa Ana Water Board staff within thirty (30) days following completion of all Project construction activities. Upon acceptance of the request, Santa Ana Water Board staff will issue to the Permittee a Notice of Completion of Discharges Letter, 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 any required post-construction monitoring is complete3 and no further Project activities will occur.

This request shall be submitted to Santa Ana Water Board staff within thirty (30) days following completion of all Project activities. Upon approval of the request, the

3 Completion of post-construction monitoring will be determined by Santa Ana Water Board staff and will be contingent on successful attainment of restoration and mitigation performance criteria .

Reg. Meas. ID: 429254 Place ID: 856751

Santa Ana Water Board staff will issue to the Permittee a Notice of Project Complete Letter, which will end the post discharge monitoring period.

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

a. Accidental Discharges of Hazardous Materials.4 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 the Permittee shall:

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

• then call - Office of Emergency Services (OES) State Warning Center at

(800) 852-7550 or (916) 845-8911

• lastly follow the required OES procedures as set forth in :

http://www.caloes.ca.gov/FireRescueSite/Documents/CalOES Spill Booklet Feb2014 FINAL SW Acc.pdf

ii. Following notification to OES, the Permittee shall notify Santa Ana Water Board, as soon as practicable (ideally within twenty-four [24] hours).

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

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

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

i. Examples of noncompliance events include lack of storm water treatment following a rain event, discharges causing a visible plume in a water of the State, and water contact with uncured concrete.

ii. This notification shall be followed within three (3) working days by submission of a Violation of Compliance with Water Quality Standards Report to the Santa Ana Water Board.

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

c. In-Water Work.

Reg. Meas. ID: 429254 Place ID: 856751

i. The Permittee shall notify the Santa Ana Water Board at least forty-eight (48) hours prior to initiating work in water or stream diversions. Notification may be via telephone, email , delivered written notice, or other verifiable means.

ii. Within three (3) working days following completion of work in water or stream diversions, the Permittee shall submit an In-Water Work/Diversions Water Quality Monitoring Report to Santa Ana Water Board staff.

d. Modifications to Project. Project modifications may require an amendment of this Order. The Permittee shall give advance notice to Santa Ana Water Board staff by submitting a Modifications to Project Report, 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. The Permittee shall inform Santa Ana Water Board staff of any Project modifications that will interfere with the Permittee's compliance with this Order. Notification may be made in accordance with conditions in the Certification Deviation section of this Order.

e. Transfer of Property Ownership. This Order is not transferable in its entirety or in part to any person or organization except after notice to the Santa Ana Water Board in accordance with the following terms:

i. The Permittee shall notify the Santa Ana Water Board of any change in ownership or interest in ownership of the Project area by submitting a Transfer of Property Ownership Report. The Permittee and purchaser shall sign and date the notification and provide such notification to the Santa Ana Water Board at least ten (10) days prior to the transfer of ownership. The purchaser shall also submit a written request to the Santa Ana 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 Best Management Practices (BMPs) Maintenance. If maintenance responsibility for post-construction BMPs is legally transferred, the Permittee shall submit to the Santa Ana Water Board a copy of such documentation and shall provide the transferee with a copy of a long-term BMP maintenance plan that complies with manufacturer or designer specifications. The Permittee shall provide such notification to the Santa Ana Water Board with a Transfer of Long-Term BMP Maintenance Report at least ten (10) days prior to the transfer of BMP maintenance responsibility.

C. Water Quality Monitoring

1. General: If surface water is present, continuous visual surface water monitoring shall be conducted to detect accidental discharge of construction related pollutants (e.g. , oil , grease, turbidity plume, or uncured concrete).

Reg . Meas. ID: 429254 Place ID: 856751

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

3. In-Water Work or Diversions: During planned work in water or stream diversions any discharge(s) to waters of the State shall conform to the following water quality standards:

a. Oil and Grease. Waste discharges shall not result in deposition of oil , grease, wax, or other material in concentrations that result in a visible film or in coating objects in the water, or that cause a nuisance or adversely affect beneficial uses.

b. Oxygen. The dissolved oxygen content of surface waters shall not be depressed below 5 mg/L for waters designated WARM, as a result of controllable water quality factors . In addition, waste discharge shall not cause the median dissolved oxygen concertation to fall below 85% of saturation or the 95th percentile concentration or fall below 75% of saturation or the 95th percentile concentration of fall below 75% of saturation within a 30-day period.

c. pH. The pH of inland surface waters shall not be depressed below 6.5 or raised above 8.5 as a result of waste discharge.

d. Turbidity. Increases in turbidity that result from controllable water quality factors shall comply with the following : where natural turbidity is between O and 50 Nephelometric Turbidity Units (NTU) , increases shall not exceed 10 NTU, and where natural turbidity is greater than 100 NTU, increases shall not exceed 10%.

Measurements of turbidity shall be taken 100 feet downstream of Project activities.

e. Temperature. The temperature of waters designated WARM shall not be raised above 90°F June through October or above 78°F during the rest of the year as a result of controllable water quality factors

Sampl ing shall be conducted in accordance with Table 3 sampling parameters. 5

5 Pollutants shall be analyzed using the analytical methods described in 40 Code of Federal Regulations Part 136;

where no methods are specified for a given pollutant, a description of the method to be used must be submitted to the Santa Ana Water Board staff for approval. 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 cal ibrated and maintained in accordance with the manufacturer's instructions. A cal ibration and maintenance log for each meter used for monitoring shall be maintained onsite .

Table 3: Sample Type and Frequency Requirements Parameter Unit of Type of

Measurement Sample Oil and Grease N/A Visual

Dissolved Oxygen mg/L & %

Grab saturation pH Standard Units Grab

Turbidity NTU Grab

Temperature ~F (or as °C) Grab

Reg . Meas. ID: 429254 Place ID: 856751

Minimum Frequency

Continuous Once per day during in-water work Once per day during in-water work Once per day during in-water work Once per day during in-water work

Baseline sampling shall be conducted at least at one location within the Project boundary. All other sampling shall take place at a minimum of two locations: the sample locations shall be upstream and downstream of the construction area. Results of the analyses shall be submitted to the Santa Ana Water Board by the 15th day of each subsequent sampling month . A map or drawing indication the locations of sampling points shall be included with each submittal.

4. Post-Construction: The Permittee shall visually inspect the Project site during the rainy season for five (5) years 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 Santa Ana Water Board staff member overseeing the Project within three (3) working days. The Santa Ana Water Board may require the submission of a Violation of Compliance with Water Quality Standards Report. Additional permits may be required to carry out any necessary site remediation.

D. Standards

1. This Certification will remain valid until April 11 , 2026 unless an extension is authorized by the Executive Officer. Should an extension be needed, the Permittee shall submit that request at least thirty (30) days prior to April 11 , 2026 and identify the rationale for such a request.

2. 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 Santa Ana Water Board reserves the right to suspend, cancel , or modify and reissue this Order, after providing notice to the Permittee, if the Santa Ana 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 sections 13000 et seq .) or federal Clean Water Act section 303 (Title 33, U.S. Code 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. 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.

Reg . Meas. ID: 429254 Place ID: 856751

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

E. General Compliance

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

2. If the conditions of this Order are changed , any of the criteria or conditions as previously described are not met, or new information becomes available that indicates a water quality problem, the Santa Ana Water Board may require that the Permittee submit a Report of Waste Discharge and obtain Waste Discharge Requirements.

3. Permitted actions shall not cause a violation of any applicable water quality standards, including impairment of designated beneficial uses for receiving waters, as adopted in the Basin Plan and subsequent Basin Plan Amendments or in any applicable State Water Resources Control Board water quality control plan or policy. The source of any such discharge shall be eliminated as soon as practicable.

4. In response to a suspected violation of any condition of this Order, the Santa Ana Water Board may require the holder of this Order to furnish , under penalty of perjury, any technical or monitoring reports the Santa Ana Water Board deems appropriate, provided that the burden, including costs, of the reports 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.

5. The Permittee shall , 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.

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

F. Administrative

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

Reg. Meas. ID: 429254 Place ID: 856751

2. This Order does not authorize any act that results in the taking of a threatened, endangered, or candidate species, or any act that is now prohibited or becomes prohibited in the future under either the California Endangered Species Act (Fish and Game Code sections 2050-2097) or the federal Endangered Species Act (Title 16, U.S.

Codes sections 1531-1544). If a "take" will result from any act authorized under this Order held by the Permittee, the Permittee shall obtain authorization for the take prior to any construction or operation of the portion of the Project that may result in a take. The Permittee is responsible for meeting all requirements of the applicable endangered species act for the Project authorized under this Order.

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

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

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

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

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

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

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

G. Construction

1. Construction General Permit Requirement: The Permittee shall maintain compliance with conditions described in, and required by, NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No.

2009-0009-DWQ; NPDES No. CAS000002) and any subsequent approvals.

2. Dewatering: Construction dewatering discharges, including temporary stream diversions necessary to carry out the Project, are subject to regulation by Santa Ana Water Board Order No. RB 2015-0004, General Waste Discharge Requirements for Discharges to Surface Waters that Pose an Insignificant (De Minimis) Threat to Water Quality. For more information , please review Order No. RB-2015-0004 at https://www.waterboards.ca .gov/santaana/board decisions/adopted orders/orders/2015 orders.html.

3. Good Site Management "Housekeeping":

Reg. Meas. ID: 429254 Place ID: 856751

a. A Storm Water Pollution Prevention Plan (SWPPP) shall be developed by the construction contractor prior to Project implementation. The SWPPP shall include measures to prevent sediment from entering the watercourse during construction.

b. BMPs for effective perimeter control shall be in place at all times to control the discharge of pollutants from the Project site during construction. Construction waste shall be contained and protected against wind and exposure to storm water at all times, unless being actively handled. Chemical , fuel , and lubricant containers shall be kept closed and protected from damage or upset at all times, unless being actively used. Dirt and landscaping material stockpiles shall have effective erosion control BMPs in place to prevent their transport in storm water or directly into the channel and shall not be located in any WOTUS. Discharges of wastewater from the Project site are prohibited.

c. Substances resulting from Project-related activities and that could be harmful to aquatic life shall not be discharged to soils or waters of the State. These substances include but are not limited to petroleum lubricants and fuels , cured and uncured cements, epoxies, paints and other protective coating materials, Portland cement concrete or asphalt concrete, and washings and cuttings thereof. All waste concrete shall be removed from the Project site.

d. Motorized equipment shall not be maintained or parked in or near any stream crossing , channel , or lake margin in such manner that petroleum products or other pollutants from the equipment might enter these areas under any flow conditions.

Vehicles shall not be driven, or equipment shall not be operated in waters of the State onsite, except as necessary to complete the proposed Project.

e. Prior to construction activities, the Permittee shall delineate the work area with brightly colored fencing or other methods to ensure temporary impacts to WOTUS and waters of the State do not exceed the limits authorized in this Certification.

4. Hazardous Materials: During construction activities, the Permittee shall comply with local , State, and federal laws and regulations regarding the handling and storage of hazardous substances.

5. Invasive Species and Soil Borne Pathogens: BMPs to stabilize disturbed soils shall include the use of native plant species whenever feasible.

6. Special Status Species: The Permittee shall implement the species-specific conservation measures identified in the final 80 pertaining to the Project to avoid, minimize, and offset impacts to federally listed species and their designated critical habitats.

H. Mitigation for Temporary Impacts

1. The Permittee shall restore all areas of temporary impacts to waters of the State in accordance with the environmental commitments and conservation measures identified in the 2018 Final SENEIR Addendum and final 80 issued by the USFWS and submit a

Reg . Meas. ID: 429254 Place ID: 856751 final plan of action that identifies restoration success criteria and monitoring requirements.

2. The action plan shall be submitted to the Santa Ana Water Board for review prior to the start of mitigation activities.

3. The Santa Ana Water Board may extend the monitoring period upon determination by Santa Ana Water Board Executive Officer that the performance standards have not been met or are not likely to be met within the monitoring period.

4. The Permittee shall provide compensatory mitigation for all temporary impacts at a ratio of 1: 1 (mitigation : impact) by restoring all areas temporarily disturbed during construction activities.

5. The Permittee shall restore on-site (i.e., rehabilitation) one acre of riparian habitat for each acre of riparian habitat temporarily disturbed during construction-related activities.

Additionally, the Permittee shall keep all temporarily disturbed areas free of exotic plants until riparian vegetation is re-established. If the site(s) has not begun to recover within five (5) years (i.e., fifty [50] percent of the disturbed areas are not vegetated with young riparian vegetation) , then the site(s) will be replanted with cuttings from native riparian species.

6. The Permittee shall provide enhancement mitigation at a ratio of 1 :1 by removing one acre of Arundo donax (Arundo) from the upper Santa Ana River watershed off-site for each acre of riparian habitat temporarily impacted.

7. The Permittee shall restore all wetland areas temporally impacted at a ratio of 1: 1 to pre Project conditions.

8. The restoration activities shall be initiated immediately following the completion of the Project activities. The restoration activities should occur during the non-breeding season for Least Bell 's vireo.

Table 4 summarizes the total quantity of compensatory mitigation required for temporary impacts.

Reg . Meas. ID: 429254 Place ID: 856751

Ill ..-_L,_ ..t, 0 --,,irorl Project Mitigation Quantitv for Temoorarv lmoacts

Aquatic Mit.

Method7

Resource Units Type

Type6 Est. Re-est. Reh. Enh. Pres. Unknown

Riparian PR Acres -- -- 19.38 19.38 -- --

Zone

Stream PR Acres 3.0 Channel -- -- -- -- --

Wetland PR Acres -- -- 0.02 -- -- --

I. Compensatory Mitigation for Permanent lmpacts8

1. The Permittee shall restore all areas of permanent impacts to waters of the State in accordance with the environmental commitments and conservation measures identified in the 2018 Final SEA/EIR Addendum and final BO issued by the USFWS and submit a final plan of action that identifies success criteria and monitoring requirements.

2. The action plan shall be submitted to the Satna Ana Water Board for review prior to the start of mitigation activities.

3. The Permittee shall provide 19 acres of enhancement compensatory mitigation through the removal of Arundo and non-natives off-site for permanent impacts to waters of the State stream channel.

4. The Permittee shall provide total of 37.41 acres of enhancement compensatory mitigation through the removal of Arundo and other non-native plants off-site for permanent impacts to waters of the State riparian habitat.

5. The Permittee shall provide compensatory mitigation at a ratio of 1: 1 for permanent impacts to wetland by restoring 0.01 acre of wetland habitat.

Table 5 summarizes total compensatory mitigation required for permanent Project impacts.

6 Mitigation type for onsite restoration of temporary impacts is Permittee Responsible (PR).

7 Methods: establishment (Est.), reestablishment (Re-est.) , rehabilitation (Reh.), enhancement (Enh.), preservation (Pres.). Unknown appl ies to advance credits with an unknown method and or location.

8 Compensatory Mitigation is for permanent physical loss and permanent ecological degradation of a water of the State.

(footnote continued on next page)

Reg. Meas. ID: 429254 Place ID: 856751

Table 5: Required Project Compensatory Mitigation Quantity for Permanent Physical Loss of Area

Aquatic Comp Method10

Resource Mit. Units Type Type9 Est. Re-est. Reh. Enh. Pres. Unknown

Stream PR Acres 19.00 --

Channel -- -- -- --

Riparian PR Acres -- -- -- 37.41 -- -- Wetlands PR Acres -- -- 0.01 -- -- --

J. Permittee-Responsible Compensatory Mitigation Responsibility

1. Compensatory mitigation for temporary and permanent impacts is in perpetuity. The Permittee shall continue exotic species removal and Molothrus ater (cowbird) control until the Santa Ana Water Board receives written documentation that local sponsors and/or another approved entity (like the Santa Ana Watershed Association [SAWA]) have accepted responsibility for managing the restored areas. ·

2. Written documentation shall include an estimated cost associated with the management responsibilities and a description of the funding mechanism(s) that will be used to ensure management for the life of the Project.

3. If the approved entity accepts management responsibilities and then becomes unwilling or unable to continue the management, the responsibility shall revert to the Permittee until the Permittee provides to the Santa Ana Water Board legal documentation showing that ultimate responsibility is with the local sponsors.

K. Certification Deviation

1. Minor modifications of Project locations or predicted impacts may be necessary as a result of unforeseen field conditions, necessary engineering re-design, construction concerns, or similar reasons. Some of these prospective Project modifications may have impacts on water resources. For purposes of this Certification, a Certification Deviation is a Project locational or impact modification that does not require an immediate amendment of the Order, because the Santa Ana Water Board has determined that any potential water resource impacts that may result from the change are sufficiently addressed by the Order conditions and the CEQNNEPA…