FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
AGENDA ITEM #6.g
MEETING DATE July 1, 2026
PREPARED FOR Mayor and Town Council
PREPARED BY Kristin Arnold, Public Works Director
SUBJECT Adopt a Resolution Authorizing the Town Manager to Execute a Second Amendment to the Professional Services Agreement between the Town and Restoration Design Group to Add Post-Construction Monitoring for the 145 Canyon Road Stabilization Project, in an Amount of $17,875
RECOMMENDATION
Adopt a resolution authorizing the Town Manager to execute a Second Amendment to the Professional Services Agreement between the Town and Restoration Design Group to add post-construction monitoring for the 145 Canyon Road Stabilization Project, in an amount of $17,875.
BACKGROUND
The 145 Canyon Road Stabilization project replaced a retaining wall to stabilize the creek bank and roadway. Project applications began in 2019 and construction was completed in January 2024. Because the project impacted San Anselmo Creek, the Town obtained environmental permits that required revegetation of disturbed areas and ongoing post-construction monitoring to evaluate vegetation establishment and site stability.
DISCUSSION
The 145 Canyon Road Retaining Wall Project included stream channel revegetation measures that are subject to post-construction monitoring requirements established through permits issued by the California Department of Fish and Wildlife and the San Francisco Regional Water Quality Control Board (RWQCB). The approved Monitoring Plan requires annual vegetation and geomorphic monitoring to evaluate the success of the revegetation effort, identify invasive species encroachment, and assess the stability of the restored stream channel and retaining wall area. Monitoring results are documented in annual reports submitted to the RWQCB.
Restoration Design Group (RDG) designed the revegetation plan for the project. The cost of the design work was $20,200. A second Amendment is required to add the monitoring program to the Agreement.
This scope includes incorporating the missed monitoring years into the 2026 effort and continue monitoring through the remaining permit-required period, which ends in 2033. The permit requires annual monitoring for the first 6 years, and then each two years thereafter, until 10 years is reached. The cost for post-construction monitoring from 2026 to 2033 is $17,875, and a breakdown by year is shown below.
Task Fee
Task 1. Post-construction Monitoring and Reporting
2026 $3,200
2027 $3,000
2028 $3,000
2030 $1,700
2032 $1,700
2033 $2,000
Task 2. General Conditions (if needed for replanting) $3,000 Reimbursable Supplies $275
Total $17,875
More specifically, the scope includes annual site assessments, photographic documentation, vegetation monitoring, geomorphic observations, reporting to regulatory agencies, and recommendations regarding maintenance activities needed to achieve the success criteria established in the Monitoring Plan. An optional coordination task is also included to address any corrective actions that may be necessary if monitoring identifies deficiencies requiring additional planting or maintenance.
Staff recommends that the Town Council approve the Second Amendment with RDG in the amount of $17,875 to complete the remaining seven years of permit-required post-construction monitoring and reporting, plus ratify the previously approved design work of $20,200, for a total contract amount not to exceed $38,075.
FISCAL IMPACT
The post-construction monitoring will cost $17,875 over the next seven years. These costs were budgeted for in the Fiscal Year 2026-2027 budget under 145 Canyon Road Stabilization project (51-816- 825) and will be budgeted for in future budgets until permit requirements have been met.
ATTACHMENT
A. Resolution
B. Second Amendment to Professional Services Agreement
C. San Francisco Bay Regional Water Quality Control Board Permit for 145 Canyon Road Project
ATTACHMENT A
RESOLUTION NO. 2026
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX
AUTHORIZING THE TOWN MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RESTORATION DESIGN GROUP TO ADD POSTCONSTRUCTION MONITORING SERVICES FOR 145 CANYON ROAD STABILIZATION PROJECT, IN AN AMOUNT OF $17,875.
WHEREAS, Town and Consultant entered into an Agreement for Professional Services (“Agreement”) on April 23, 2019 for $16,500; and
WHEREAS, Town and Consultant entered into the Agreement for habitat restoration design of the 145 Canyon Road Stabilization Project; and
WHEREAS, Town and Consultant modified the Agreement through the first Amendment on November 1, 2021 for $3,700; and
WHEREAS, Town and Consultant now wish to amend the Agreement for a second time to modify the scope of work and compensation provisions of the original Agreement and first amendment for an additional $17,875 (for a total contract amount of $38,075); and WHEREAS, This second amendment will add services for permit required post-construction monitoring to the Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Fairfax DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
1. The Town Council hereby authorizes the Town Manager to sign the Second Amendment to the Professional Services Agreement with Restoration Design Group for $17,875; and
2. The Town Manager is authorized to pay the amount listed in the amendment for a total contract amount not to exceed $38,075.
3. This resolution shall become effective immediately, as determined by law or policy.
PASSED, APPROVED, AND ADOPTED by the Town Council of the Town of Fairfax on this 1st day of July 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
___________________________________
CHRISTINE FOSTER
_____________________________________
STEPHANIE HELLMAN
MAYOR
Town of Fairfax
Resolution No. 2026-
DEPUTY TOWN CLERK
38072.00006\43935291.1
BBK 2025
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN
TOWN OF FAIRFAX
AND
RESTORATION DESIGN GROUP
This Amendment No. 2 to the Professional Services Agreement (“Amendment No. 2”) is made and entered into as of this 1st day of July, 2025, by and between Town of Fairfax (“Town”) and Restoration Design Group, Inc. (“Consultant”). Town and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
Recitals
A. Existing Agreement. The Parties have entered into a Professional Services Agreement dated April 23, 2019 (“Original Agreement”) as modified by instrument dated November 1, 2021 entitled “Amendment No. 1” (“Amendment No. 1), both of which are incorporated herein by reference as if fully set forth herein, for the purpose of Town retaining Consultant to provide the services described therein.
B. Amendment Purpose. Town and Consultant wish to amend the Original Agreement as modified by Amendment No. 1 (collectively, the “Existing Agreement”) to add additional scope and fee as shown in Exhibit A, attached hereto.
C. Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 4 of the Original Agreement.
Amendment
Now therefore, the Parties hereby modify the Existing Agreement as follows:
1. Definitions. All capitalized terms used in this Amendment No. 2 not defined in this Amendment No. 2 shall have the same meaning as set forth in the Existing Agreement if defined in the Existing Agreement.
2. Section 2 of Original Agreement. Section 2 of the Original Agreement is hereby amended to increase the not to exceed amount to Thirty-Eight Thousand Seventy-Five Dollars ($38,075).
3. Continuing Effect of Agreement. All provisions of the Existing Agreement otherwise remain in full force and effect and are reaffirmed. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Existing Agreement, it shall mean the Existing Agreement as amended by this Amendment No. 2.
4. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
ATTACHMENT B
38072.00006\43935291.1
BBK 2025
5. Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
TOWN OF FAIRFAX
Approved By:
Heather Abrams
Town Manager
Date
RESTORATION DESIGN GROUP
Approved By:
Rich Walkling
Managing Principal
June 15, 2026
Date
May 28, 2026
Kristin Arnold, Director of Public Works
Town of Fairfax
142 Bolinas Road
Fairfax CA, 94930
RE: 145 Canyon Road Wall Replacement, Post-project Monitoring Scope Dear Kristin:
In 2024 I provided a Scope of Services for the post-project monitoring to Loren, who was serving as Public Works Director at that time. That scope was never approved, and as a result the first two years of monitoring were not completed. I have revised the scope to cover the remaining monitoring requirements and incorporated the previously missed years into the 2026 monitoring effort.
The scope is intended to monitor the site in conformance with the Revised Monitoring Plan and referenced in the California Department of Fish and Wildlife and San Francisco Regional Water Quality Control Board.
Please don’t hesitate to contact me should you have any questions or require clarification.
We look forward to continuing our collaboration with the Town of Fairfax.
Sincerely,
Drew Goetting
Founder & CEO, Restoration Design Group, Inc.
Restoration
Design
Group, Inc
145 CANYON ROAD / MONITORING SCOPE
28 MAY 2026
2 A. SCOPE OF SERVICES
Project Understanding
This scope covers monitoring work necessary to meet the requirements of the regulatory permits acquired for the construction of the replacement wall at 145 Canyon Road in the Town of Fairfax. The monitoring work consists of site assessments, data reduction, and annual reporting.
Task 1. Post-project Monitoring and Reporting
Following the construction of the replacement wall and stream channel revegetation, RDG staff will conduct the monitoring as described in the Monitoring Plan dated November 2, 2022.
Vegetation Monitoring will be conducted annually for the first five years in late spring (April – June) to evaluate percent cover and encroachment of invasive species.
Monitoring for oak tree plantings will also be conducted on year 7, 9 and 10. Criteria for achieving success in the revegetation is outlined in the monitoring plan.
Geomorphic monitoring will also be conducted annually for the first five years and is observation-based to identify potential instability. Cross-section surveys will only be conducted if significant changes occur.
Monitoring results will be reported to the regulatory agencies in a brief technical report and submitted by December 31st of each year. It will summarize the percentages of plant cover and provide photographs from eight identified photopoints.
RDG will also provide correspondence to the Town of Fairfax following the annual monitoring task and provide recommendations for modifying maintenance activities to best achieve the stated goals of the monitoring plan.
Task 2. General Coordination - OPTIONAL
This task covers any additional work beyond the specific elements described in Task
1. Potential work may include coordinating replanting design and related efforts needed to bring the project into compliance with permit requirements if monitoring identifies deficiencies. This task assumes approximately 15 to 20 hours of staff time.
Any additional work will be provided as an additional service.
Restoration
Design
Group, Inc
145 CANYON ROAD / MONITORING SCOPE
28 MAY 2026
3 B. COMPENSATION
Year
following
construction
Task Fee
Task 1. Post-project Monitoring and Reporting
1 2024
2 2025
3 2026 $3,200
4 2027 $3,000
5 2028 $3,000
7 2030 $1,700
9 2032 $1,700
10 2033 $2,000
3-10 Task 2. General Coordination $3,000
Reimbursable Expenses $275
TOTAL $17,875
Typical project reimbursables include printing costs, mileage, parking, or courier delivery (if requested).
Hourly Staff Rates 2026
RDG Principal $225/hr
Principal Civil Engineer $225/hr
Principal Landscape Architect $200/hr
Assoc. Principal Landscape Architect $175/hr
Landscape Architect $150/hr
Landscape Designer $135/hr
Junior Engineer $125/hr
Reimbursables
Mileage $.70/mile or current rate
Direct Costs/Reimbursables (Cost+10%)
San Francisco Bay Regional Water Quality Control Board
CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER for:
145 Canyon Road Wall Replacement Project, Marin County
Sent via electronic mail: No hard copy to follow
Effective Date: November 18, 2022 RM 433197
Place ID 860001
WDID# 2 CW443197
Applicant: Town of Fairfax
Mr. Jonathon Goldman
142 Bolinas Rd.
Fairfax, CA 94903
Phone: (415) 453-0291
Email: [email protected]
Applicant’s Agent: Restoration Design Group, Inc.
2332 5th Street, Suite C
Berkeley, CA 94710
Attn: Mr. Drew Goetting
Phone: (510) 644-2798
Email: [email protected]
Water Board Staff: Holly Garber
1515 Clay Street, Suite 1400
Oakland, CA 94612
Phone: (510) 622-2357
Email: [email protected]
ATTACHMENT C
Water Quality Certification and Order RM 433197
145 Canyon Road Wall Replacement Project WDID# 2 CW443197
Table of Contents
ORDER 3
I. Project 3
II. Impacts to Waters of the State 3
III. Mitigation 4
IV. California EcoAtlas 4
V. California Environmental Quality Act (CEQA) 4
VI. Conditions 4
General Conditions 5
Mitigation 6
Monitoring and Reporting 6
Administrative 9
General Compliance 10
Standard Conditions 11
Fees 11
Water Quality Certification and Order RM 433197
145 Canyon Road Wall Replacement Project WDID# 2 CW443197
Order
This Clean Water Act (CWA) section 401 Water Quality Certification and Order (Order) is issued at the request of the Town of Fairfax (Permittee) for the 145 Canyon Road Wall Replacement Project (Project). We received the application for certification (Application) on July 23, 2019. On August 22, 2019, and June 16 and October 20, 2022, we sent letter notices of incomplete application requesting additional information on avoidance and minimization of impacts, compensatory mitigation, monitoring, CEQA, and the application fee. We received supplemental information needed to complete the application on November 3, 2022.
The Permittee has also applied to the U.S. Army Corps of Engineers (Corps), Regulatory Branch for coverage under a Nationwide Permit 13 (Bank Stabilization), pursuant to CWA Section 404 (33 USC 1344).
I. Project
The Project is located on San Anselmo Creek (Creek), adjacent to 145 Canyon Road, Fairfax, in Marin County (lat: 37.976563, long: -122.610197). The purpose of the Project is to remove and replace a 45-foot-long, 10-foot-high failing timber lagging retaining wall, constructed 70 years ago, that provides lateral support to Canyon Road, located along the south bank of the Creek. Canyon Road serves as an arterial road for the local community and is showing signs of subsidence and cracking. To prevent further subsidence to the roadway, the failing wall will be replaced and will incorporate tiebacks for lateral support.
A new, 90-foot-long, 10-foot-high soldier pile retaining wall with timber lagging will be constructed from the top of bank, approximately three feet downslope from the existing wall. The location of the new wall will allow work to be performed from the road surface and will not require equipment to enter the channel. The new wall is being extended to the upstream and downstream limits of the existing wall to support portions of the bank which are over-steepened and causing further subsidence to the roadway. The proposed wall will transition into the stable slopes immediately upstream and downstream of the existing wall. At these transition zones rock riprap will be placed on the bank.
The Project site will be delineated with silt fencing, which will extend into the dry channel.
The existing bed material, including all woody debris at the toe of the wall, will be temporarily removed, stockpiled on site, then replaced adjacent to the new wall and joint planted with native species. Project implementation will occur while the channel is dry in the late summer months.
II. Impacts to Waters of the State
If effective best management practices (BMPs) are not implemented during construction, waters of the state may be impacted by increased erosion and sedimentation, and/or discharging debris and other waste materials. Construction of the Project will permanently impact 90 linear feet (0.012 acres) of creek channel.
Water Quality Certification and Order RM 433197
145 Canyon Road Wall Replacement Project WDID# 2 CW443197
III. Mitigation
During construction, the Permittee will avoid and minimize impacts to waters of the State by implementing appropriate and effective BMPs as described in the Application. This includes, but is not limited to, pre-construction surveys for special-status species will be performed by a qualified biologist, installation of erosion and sediment control measures such as silt fencing, native seeding, and biodegradable erosion control fabric, and inclusion of native riparian vegetation on disturbed banks. To mitigate for the Project’s permanent impacts, the Project will (1) plant willows in the rock slope protection at either end of the wall; and (2) plant approximately 0.03 acres with native shrubs and trees within the Project area.
IV. California EcoAtlas
Regional, state, and national studies have determined that tracking of mitigation and restoration projects must be improved to better assess the performance of these projects, following monitoring periods that last several years. To effectively carry out the State’s Wetlands Conservation Policy of no net loss to wetlands, the State needs to closely track both losses and successes of mitigation and restoration projects affecting wetlands and other waters of the State. The Water Board must also track project performance in Bay Area creeks subject to routine repair and maintenance activities, such as recurring instabilities. Therefore, we adopted the digital interactive mapping tool called EcoAtlas.1 EcoAtlas is a web-based tool that integrates maps, project plans, site conditions, restoration efforts, and other elements on a project-by-project basis based on data inputs. Accordingly, we require the Permittee to upload their Project information to EcoAtlas with the Project Tracker tool at https://ptrack.ecoatlas.org. The California Wetlands Monitoring Workgroup developed EcoAtlas and maintains detailed instructions for Project Tracker on its website at https://ptrack.ecoatlas.org/instructions.
V. California Environmental Quality Act (CEQA)
The Water Board determined that the project is categorically exempt from review under CEQA pursuant to CEQA Guidelines Section 15301, Existing Facilities – Class 1. The Water Board will file a Notice of Exemption with the State Clearinghouse within five working days from the issuance of this Order (California Code of Regulations (CCR), title 14, section 15062).
VI. Conditions
The Water Board independently reviewed the Project record to analyze impacts to water quality and the environment and designated beneficial uses within the Project’s watershed. 1 Source: California Wetlands Monitoring Workgroup (CWMW), 2019. EcoAtlas. Accessed May 14, 2019. https://www.ecoatlas.org. The California Wetland Monitoring Workgroup (CWMW) provides technical oversight on the development of content and functionality of EcoAtlas. As a member of CWMW, San Francisco Estuary Institute provides day-to-day support and management of EcoAtlas, and can be contacted by email at [email protected].
Water Quality Certification and Order RM 433197
145 Canyon Road Wall Replacement Project WDID# 2 CW443197
In accordance with this Order, the Permittee may proceed with the Project under the following terms and conditions:
General Conditions
1. The Project shall be constructed in conformance with the Project description provided in the Application. The Permittee shall fully comply with engineering plans, specifications, and technical reports submitted in the Application or required as part of this Order. Any changes to information provided in the Application must be submitted to the Water Board and receive Executive Officer approval before the changes may be implemented.
Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions and to ensure that the proposed work and final restoration work has been conducted in accordance with the permit and all applicable conditions (California Water Code (CWC) section 13264).
2. Disturbance or removal of vegetation shall be minimized. The site shall be stabilized through incorporation of appropriate BMPs, including the successful reestablishment of native vegetation to enhance wildlife habitat values, and to prevent and control erosion.
Rationale: This condition is necessary to ensure minimization of impacts to waters of the State and to ensure successful restoration of all temporary impacts authorized (State Board Resolution No. 68-16; 40 CFR Part 131.12 (a)(1); CWC sections 13264 and 13369; Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan) Chs. 3 and 4).
3. No equipment shall be operated in stream channels or other waters where there is flowing or standing water. Fueling, cleaning, or maintenance of vehicles or equipment during construction shall not take place within any areas where an accidental discharge to waters of the State may occur.
Rationale: This condition is necessary to minimize adverse impacts to water quality from construction activities to the maximum extent practicable (State Board Resolution No. 68-16; 40 CFR Part 131.12 (a)(1); CWC section 13369; Basin Plan ch. 2.1.14). 4. No unauthorized construction-related materials or wastes shall be allowed to enter into or be placed where they may be washed by rainfall or runoff into waters of the State.
When construction is completed, any excess material shall be removed from the work area and any areas adjacent to the work area where such material may be discharged to waters of the State.
Rationale: This condition is necessary to ensure avoidance and minimization of impacts to waters of the State from construction activities (CWC section 13376 et seq).
Water Quality Certification and Order RM 433197
145 Canyon Road Wall Replacement Project WDID# 2 CW443197
Mitigation
5. To mitigate for permanent impacts to 90 linear feet (0.012 acres) of creek habitat, the Permittee shall implement the Canyon Road Monitoring Plan (MP), dated November 3, 2022. The MP includes the restoration of 0.03 acres of creek habitat with native shrubs and trees on the upper banks and along the creek, as well as planting willows in the rock slope protection area.
6. The Permittee shall restore all areas of temporary impacts to waters of the State and all upland areas temporarily impacted that could result in a discharge to waters of the State.
7. If restoration of permanent impacts to waters of the State is not completed within one year of the impacts, additional compensatory mitigation shall be required to offset temporal loss of waters of the State.
Rationale: Conditions 5 - 7 are necessary to ensure avoidance and minimization of impacts to waters of the State, as well as ensure successful compensatory mitigation and replacement of the functions of the aquatic environment that would be lost as a result from the construction of the proposed project (23 CCR sections 3013 and 3861(d), Dredge or Fill Procedures section IV. A.2(d) & B.4). Monitoring and Reporting
8. The Permittee shall input Project information to EcoAtlas within 14 days from the date of this Order, consistent with Certification Section IV. The Project information shall be added to the Project Tracker tool in EcoAtlas online at https://ptrack.ecoatlas.org. Instructions for adding information to EcoAtlas are available at https://ptrack.ecoatlas.org/instructions, or by contacting the San Francisco Estuary Institute by email at [email protected], or the Water Board case manager listed on the cover page of this Order. The Executive Officer may grant an extension to the 14-day deadline if the Permittee submits a request in writing to the Water Board case manager listed on the cover page of this Order.
The extension request may be submitted via electronic mail.
Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions (CWC section 13267).
9. The Permittee shall submit a Start of Construction Report at least seven days prior to start of initial ground disturbance activities. The Report shall reference SOC_433197_145 Canyon Road Wall Replacement Project and shall be sent via email to [email protected], or by mail to the attention of 401 Certifications Reports (see address on the letterhead).
Rationale: This condition is necessary to assist in scheduling compliance inspections to ensure compliance with the permit and applicable conditions (CWC section 13267).
Water Quality Certification and Order RM 433197
145 Canyon Road Wall Replacement Project WDID# 2 CW443197
10.No later than 30 days after completing Project construction activities, the Permittee shall submit, acceptable to the Executive Officer, a Notice of Project Construction Completion. The Notice shall include the date Project construction activities were completed, an As-Built Report, and reference NOC_433197_145 Canyon Road Wall Replacement. The Notice shall be sent via email to RB2- [email protected], or by mail to the attention of 401 Certifications Reports (see address on the letterhead).
Rationale: This condition is necessary to assist in scheduling compliance inspections to ensure compliance with the permit and applicable conditions (CWC section 13267).
11. To verify that the Project is performing as intended, the Permittee shall perform vegetation and geomorphic monitoring for a minimum of 5 years in accordance with the MP, dated November 3, 2022, as well as specified in this condition. This shall include annual inspections, data collection, and photo documentation of revegetation performance and geomorphic stability.
Geomorphic monitoring shall consist of annual visual inspections and photo monitoring of any observed signs of erosion or sedimentation threatening the Project or aquatic habitat. Photographs shall be taken at the same time each year along the Project length of any signs of erosion or instabilities and at least two photographs (one looking upstream, one looking downstream) taken every 25 feet for 100 feet upstream and downstream (or as far as access allows) to document channel conditions. The performance criterion shall be no observed signs of significant erosion or sedimentation threatening property, essential infrastructure, or aquatic habitat.
Vegetation monitoring shall consist of photo monitoring and revegetation data collection, such as percent survival. The annual performance criteria shall be the following:
Native Shrub and Tree Plantings Other Than Oak:
Year 1: At least 100 percent survival of shrubs and planted native trees Year 2: At least 90 percent survival of shrubs and planted native trees Year 3: At least 85 percent survival of shrubs and planted native trees Year 4: At least 80 percent survival of shrubs and planted native trees Year 5: At least 75 percent survival of shrubs and planted native trees Water Quality Certification and Order RM 433197
145 Canyon Road Wall Replacement Project WDID# 2 CW443197
Oak Tree Plantings:
Year 1: At least 100 percent survival of planted native oak trees Year 2: At least 100 percent survival of planted native oak trees Year 3: At least 80 percent survival of planted native oak trees Year 4: At least 65 percent survival of planted native oak trees Year 5: At least 65 percent survival of planted native oak trees Year 6: At least 65 percent survival of planted native oak trees Year 8: At least 65 percent survival of planted native oak trees Year 10: At least 65 percent survival of planted native oak trees In addition, invasive plant species shall not comprise greater than 10 percent of total vegetation cover in any year. Invasive plants shall be defined as species rated “high” or included as “red alert” species by the California Invasive Plant Council and species rated “high priority” by the Bay Area Early Detection Network.
If performance criteria are not achieved, the Permittee shall, in consultation with the Water Board and other appropriate agencies, undertake an evaluation that identifies corrective actions, and submit a plan to complete those actions, to be implemented upon receiving written acceptance by the Executive Officer. Further, the monitoring period shall be extended until the final performance criteria have been achieved.
12.The Permittee shall submit annual monitoring reports, acceptable to the Executive Officer, by January 31 following each monitoring year. The first monitoring year commences in the calendar year after completing the Project. At the time of this Notice, the Project completion is anticipated in 2023. Therefore, monitoring shall begin in 2024 and the first annual monitoring report shall be due on January 31, 2025, unless the Project is completed at a different time. Each annual report shall summarize each year’s monitoring results, including the need for, and implementation of, any adaptive management actions needed to help meet the performance criteria. The annual reports shall compare data to previous monitoring years and describe progress towards meeting final performance criteria. The Permittee shall implement all remedial measures upon receiving written acceptance by the Executive Officer, and not before.
13.The final monitoring report shall document if the site meets the final performance criteria. If the final criteria are not met, the Permittee shall, in consultation with the Water Board and appropriate agencies, identify remedial measures to be undertaken, including extension of the monitoring and reporting period until the criteria are met. The Permittee shall implement all remedial measures identified upon receiving written Water Quality Certification and Order RM 433197
145 Canyon Road Wall Replacement Project WDID# 2 CW443197
acceptance by the Executive Officer. Success of the mitigation program shall be determined by, and acceptable to, the Water Board Executive Officer.
14.Annual monitoring reports shall reference AMR_433197_145 Canyon Road Wall Replacement Project and shall be submitted via email to RB2- [email protected], or by mail to the attention of 401 Certifications Reports (see the address on the letterhead).
15.Within 30 days of successfully establishing the Project’s compensatory mitigation, the Permittee shall submit, acceptable to the Executive Officer, a Notice of Mitigation Monitoring Completion notifying the Water Board that mitigation has been completed.
The Notice shall be submitted via email to [email protected], or by mail to the attention of 401 Certifications Reports. This notification shall include the date compensatory mitigation was completed, the Project Name, and reference NMMC_433197_145 Canyon Road Wall Replacement Project.
Rationale: Conditions 11 -15 are necessary to ensure compliance with the permit and applicable conditions and to ensure that the proposed work and restoration work has been conducted in accordance with the permit and all applicable conditions (CWC section 13267).
Administrative
16. The Permittee shall grant Water Board staff or an authorized representative, upon presentation of credentials and other documents as may be required by law, permission to: (1) enter upon the Project site or compensatory mitigation site(s) where a regulated facility or activity is located or conducted, or where records are kept; (2) have access to and copy any records that are kept and are relevant to the Project or the requirements of this Order; (3) inspect any facilities, equipment, practices, or operations regulated or required under this Order; and (4) sample or monitor for the purposes of assuring Order compliance.
Rationale: This condition is necessary to assist in scheduling compliance inspections and to ensure compliance with the permit and applicable conditions (CWC section 13267). 17. 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.
Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions (CWC sections 13170 and 13245). 18. The Permittee shall provide a signed and dated notification to the Water Board of any change in ownership or interest in ownership of the Project area at least 10 days prior to the transfer of ownership. The purchaser shall also submit a written request to the Water Quality Certification and Order RM 433197
145 Canyon Road Wall Replacement Project WDID# 2 CW443197
Water Board to be named as the permittee in an amended order. 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.
Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions (CWC section 13264).
General Compliance
19. The Permittee shall notify the Water Board of any event causing a violation of compliance with water quality standards as soon as practicable (ideally within 24 hours).
Notification may be via telephone, email, delivered written notice, or other verifiable means.
Rationale: This condition is necessary to minimize adverse impacts to water quality (CWC sections 13385 and 13267).
20. Failure to implement the Project as proposed is a violation of this Order. Violation of this Order is a violation of state law and is subject to administrative civil liability pursuant to California Water Code (CWC) section 13350. Failure to meet any condition of this Order shall constitute a violation of the Porter-Cologne Water Quality Control Act and the Clean Water Act and may subject you to civil liability imposed by the Water Board to a maximum of $5,000 per day of violation or $10 for each gallon of waste discharged in violation of this Order.
21. In response to a suspected violation of any condition of this Order, the Water Board may require the Permittee to furnish, under penalty of perjury, any technical or monitoring reports the Water Board deems 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.
Rationale: This condition is necessary to minimize adverse impacts to water quality (CWC sections 13267 and 13383).
22. Should new information come to our attention that indicates a water quality problem with this Project, the Water Board may issue Waste Discharge Requirements pursuant to 23 CCR section 3857.
23. This Order shall continue to have full force and effect regardless of the expiration or revocation of any federal license or permit issued for the Project.
Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions (CWC sections 13170 and 13245).
Water Quality Certification and Order RM 433197
145 Canyon Road Wall Replacement Project WDID# 2 CW443197
Standard Conditions
24. This Order is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to CWC section 13330 and 23 CCR section 3867.
25.This Order is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a FERC license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to 23 CCR Subsection 3855(b) and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought.
Rationale: Conditions 24 and 25 are standard conditions that “shall be included as conditions of all water quality certification actions” (23 CCR section 3860(a)).
Fees
26. In accordance with 23 CCR section 2200, the Permittee shall pay an annual fee to the Water Board each fiscal year (July 1 – June 30) until Project construction activities are completed and an acceptable Notice of Project Construction Completion is received by the Water Board. If monitoring is required, the Permittee shall pay an annual fee to the Water Board until monitoring activities are completed and an acceptable Notice of Mitigation Monitoring Completion is received by the Water Board. Annual fees will be automatically invoiced to the Permittee. The Permittee must notify the Water Board at Project completion with a final report in order to request to terminate annual invoicing. Notification shall reference NOT_433197_145 Canyon Road Wall Replacement Project and should be sent to the staff listed at the bottom of this Order and to [email protected]. Water Board staff will verify conditions of the Certification have been met and may request a site visit at that time to confirm the Project’s status and compliance with this Certification.
Rationale: This condition is a requirement of 23 CCR sections 3833(b)(3) and 2200(a)(3).
27.This Order is conditioned upon total payment of the full fees, including annual fees, required in State regulations (23 CCR sections 2200(a)(3) and 3833(b)(3)) and owed by the Permittee. The Application fee for this Project, $2,417, was paid in full on February 22, 2022, was calculated as Category E – Low Impact Discharges with the dredge and fill fee calculator.
Rationale: This is a standard condition that “shall be included as conditions of all water quality certification actions” (23 CCR section 3860(a)).
I, Eileen White, Executive Officer, do hereby issue this Order certifying that any discharge from the proposed Project will comply with the applicable provisions of sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other Water Quality Certification and Order RM 433197
145 Canyon Road Wall Replacement Project WDID# 2 CW443197
applicable requirements of State law. This discharge is also regulated under State Water Resources Control Board Order No. 2003-0017-DWQ, “General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification,” which requires compliance with all conditions of this Order.
If you have any questions concerning this Order, please contact Holly Garber of my staff at (510) 622-2357 or [email protected]. __________________________ for Eileen White
Executive Officer
Cc: SWRCB, DWQ, [email protected]
Water Board, SF Bay Region, Victor Aelion, [email protected] U.S. EPA, Region 9, [email protected]
Jennifer Siu, [email protected]
Corps, SF Regulatory, Kendra Spicher [email protected] CDFW, Alex Single, [email protected]
Erik Stromberg, [email protected]
Loren Umbertis, [email protected]
Michael Jewett, [email protected]