Roseville City Council
June 1, 2022

Table of Contents
I. Order .................................................................................................................... 3 II. Public Notice......................................................................................................... 3 III. Project Purpose.................................................................................................... 3 IV. Project Description ............................................................................................... 3 V. Project Location.................................................................................................... 3 VI. Project Impact and Receiving Waters Information................................................ 3 VII. Description of Direct Impacts to Waters of the State ............................................ 4 VIII. Description of Indirect Impacts to Waters of the State.......................................... 4 IX. Avoidance and Minimization................................................................................. 4 X. Compensatory Mitigation...................................................................................... 4 XI. California Environmental Quality Act (CEQA)....................................................... 5 XII. Petitions for Reconsideration................................................................................ 5 XIII. Fees Received...................................................................................................... 5 XIV. Conditions ............................................................................................................ 5 XV. Water Quality Certification.................................................................................. 20 Attachment A: Project Maps
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: Certification Deviation Procedures
Attachment G: Justification for Section XIV Conditions
Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

I. Order
This Clean Water Act (CWA) section 401 Water Quality Certification action and Order (Order) is issued at the request of City of Roseville (hereinafter Permittee) for the Project. This Order is for the purpose described in application submitted by the Permittee. The application was received on 20 December 2021. The application was deemed complete on 21 January 2022.

II. Public Notice
The Central Valley Water Board provided public notice of the application pursuant to California Code of Regulations, title 23, section 3858 from 31 December 2021 to 14 January 2022. The Central Valley Water Board did not receive any comments during the comment period. Public notice regarding the Choose an item is described in Attachment C, CEQA Findings of Fact.

III. Project Purpose
The purpose of the Project is to place rock slope protection for bank stabilization along Cirby Creek.

IV. Project Description
The approximately 0.31-acre project consists of placement of rock slope protection along 60 linear feet of the north bank of Cirby Creek.

V. Project Location
Latitude: 38.73272° and Longitude: -121.285615°
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 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.

Additionally, the Project is subject to applicable State Water Resources Control Board policies and requirements, including the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Procedures). The Procedures include requirements to ensure (1) a sequence of actions has been taken to first avoid, then to minimize, and lastly compensate for Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

adverse impacts that cannot be practicably avoided or minimized to waters of the state; (2) the potential impacts will not contribute to a net loss of the overall abundance, diversity, and condition of aquatic resources, (3) the discharge of dredged or fill material will not violate water quality standards and will be consistent with all applicable water quality control plans and policies for water quality control; and (4) the discharge of dredged or fill material will not cause or contribute to significant degradation of the waters of the state.

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 Dewatering will occur within the Project area. No wet concrete will be placed into stream channel habitat. The Project will temporarily impact 0.01 acre of streambed habitat. The Project will permanently impact 0.01 acre of streambed habitat.

Total Project fill/excavation quantities for all impacts are summarized in Tables 1 through 2.

Table 1: Total Project Fill/Excavation Quantity for Temporary Impacts1 Aquatic Resources Type Acres Cubic Yards Linear Feet
Stream Channel 0.01 15 127
Table 2: Total Project Fill/Excavation Quantity for Permanent Physical Loss of Area Impacts
Aquatic Resources Type Acres Cubic Yards Linear Feet
Stream Channel 0.01 10 60
VIII. Description of Indirect Impacts to Waters of the State – Not Applicable IX. Avoidance and Minimization
To minimize the potential effects of construction on water quality and resources, the Permittee shall implement all measures required as described in the Order.

X. Compensatory Mitigation
1 Includes only temporary direct impacts to waters of the state and does not include area of temporary disturbance which could result in a discharge to waters of the state. Temporary impacts, by definition, are restored to pre-project conditions and therefore do not include a physical loss of area or degradation of ecological condition.

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

The Permittee has agreed to provide compensatory mitigation for direct impacts, described in section XIV.K for permanent impacts.

XI. California Environmental Quality Act (CEQA)
On 8 December 2016, the City of Roseville, as lead agency, adopted an initial study/mitigated negative declaration (IS/MND) (State Clearinghouse (SCH) No. 2016092050) for the Project and filed a Notice of Determination (NOD) at the SCH on 12 December 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
An application fee of $2,066.00 was received on 27 September 2021. The fee amount was determined as required by California Code of Regulations, Title 23, sections 3833(b)(3) and 2200(a)(3) and was calculated as Category A - Fill & Excavation Discharges (Fee Code 84)
XIV. Conditions
The Central Valley 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 Tables 1 through 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 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).

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

Documents less than 50 MB must be emailed to:
[email protected]
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.

1. 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 April. Annual reports 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, and include the corresponding Waste Discharge Identification Number (WDID#) issued under this Order.

Additionally, if applicable, the Report shall also include the Enrollee 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 Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

staff shall issue a Notice of Project Complete Letter to the Permittee 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 Materials2
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)
• 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/CalOESSpill_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 2 "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.) Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

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 fortyeight (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
Project modifications may require an amendment of this Order. The Permittee shall give advance notice to Central Valley Water Board staff 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 by submitting a Modifications to Project Report. The Permittee shall inform Central Valley 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 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 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:

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

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.

C. 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 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:

During planned in-water work or during the entire duration of temporary water diversions, any discharge(s) to waters of the state shall conform to the following water quality standards:
a. Waters shall not contain oils, greases, waxes, or other materials in concentrations that cause nuisance, result in a visible film or coating on the surface of the water or on objects in the water, or otherwise adversely affect beneficial uses.
b. Activities shall not cause turbidity increases in surface water to exceed:

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

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.

Sampling during in-water work or during the entire duration of temporary water diversions shall be conducted in accordance with Table 3 sampling parameters.3 The sampling requirements in Table 3 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. 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 the remaining In-Water Work and Diversion Water Quality Monitoring shall be submitted with the Request for Notice of Completion of Discharges letter. 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 3 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.

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

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.

Table 3: Sample Type and Frequency Requirements
Parameter Unit of
Measurement
Type of
Sample Minimum Frequency
Turbidity NTU Grab Every 4 hours
Visible
construction
related pollutants4
Observations Visual
Inspections
Continuous
throughout the
construction period

4. Post-Construction
Visually inspect the Project site during the rainy season for one year following completion of active Project construction activities 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 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.

D. 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 4 Visible construction-related pollutants include oil, grease, foam, fuel, petroleum products, and construction-related, excavated, organic or earthen materials.

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

constitutes a limitation necessary to assure compliance with water quality standards and appropriate requirements of state law.

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.

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, 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.

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. 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. 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.

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

4. 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.

5. 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.

6. 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.

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 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.

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

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 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.

6. Lake or Streambed Alteration Agreement: 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

1. Dewatering
a. Dewatering will occur within the Project area.
b. If water is present, the Permittee shall notify Central Valley Water Board staff and the area must be dewatered prior to start of work. c. 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. d. 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.
e. 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 Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

shall be temporarily diverted using gravity flow through temporary culverts/pipes or pumped around the work site with the use of hoses. f. 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 project.
g. 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 a project-specific Spill Prevention, Containment and Cleanup Plan outlining the practices to prevent, minimize, and/or clean up potential spills during construction of the Project. The Plan must detail the Project elements, construction equipment types and location, access and staging and construction sequence. 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 Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

leaks from the equipment are not occurring and are not a threat to water quality.
c. All materials resulting from the 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 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 stream channel habitat. c. Concrete must be completely cured before coming into contact with waters of the United States and waters of the state. Surface water that contacts wet concrete must be pumped out and disposed of at an appropriate off-site commercial facility, which is authorized to accept concrete wastes.

7. Invasive Species and Soil Borne Pathogens
Prior to arrival at the project site and prior to leaving the 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 Applicable

9. Roads
a. The number of access routes, number and size of staging areas, and the total area of the activity must be limited to the minimum necessary to achieve the project goal. Routes and work area boundaries must be clearly demarcated.
b. Bridges, culverts, dip crossings, or other structures must be installed so that water and in-stream sediment flow is not impeded. Appropriate design criteria, practices and materials must be used in areas where access roads intersect waters of the state.
c. Temporary materials placed in any water of the state must be removed as soon as construction is completed at that location, and all temporary roads must be removed or re-contoured and restored according to approved revegetation and restoration plans.

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

d. Any structure, including but not limited to, culverts, pipes, piers, and coffer dams, placed within a stream where fish (as defined in California Fish and Game Code section 45) exist or may exist, must be designed, constructed, and maintained such that it does not constitute a barrier to upstream or downstream movement of aquatic life, or cause an avoidance reaction by fish due to impedance of their upstream or downstream movement. This includes, but is not limited to, maintaining the supply of water and maintaining flows at an appropriate depth, temperature, and velocity to facilitate upstream and downstream fish migration. If any structure results in a long-term reduction in fish movement, the discharger shall be responsible for restoration of conditions as necessary (as determined by the Water Board) to secure passage of fish across the structure.
e. A method of containment must be used below any temporary bridge, trestle, boardwalk, and/or other stream crossing structure to prevent any debris or spills from falling into the waters of the state. Containment must be maintained and kept clean for the life of the temporary stream crossing structure.

10.Sediment Control
a. Except for activities permitted by the United States Army Corps of Engineers under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, soil, silt, or other organic materials shall not be placed where such materials could pass into surface water or surface water drainage courses.
b. Silt fencing, straw wattles, or other effective management practices must be used along the construction zone to minimize soil or sediment along the embankments from migrating into the waters of the state through the entire duration of the Project.
c. The use of netting material (e.g., monofilament-based erosion blankets) that could trap aquatic dependent wildlife is prohibited within the Project area.

11.Special Status Species
The following special status species have been documented to occur within the vicinity of the Project area: Valley elderberry longhorn beetle.

12.Stabilization/Erosion Control
a. All areas disturbed by Project activities shall be protected from washout and erosion.
b. Hydroseeding shall be performed with California native seed mix.

5. Storm Water
Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

a. During the construction phase, the Permittee must employ strategies to minimize erosion and the introduction of pollutants into storm water runoff.

These strategies must include the following:
i. An effective combination of erosion and sediment control Best Management Practices (BMPs) must be implemented and adequately working prior to the rainy season and during all phases of construction.

H. Site Specific – Not Applicable
I. Total Maximum Daily Load (TMDL) – Not Applicable
J. Mitigation for Temporary Impacts – Not Applicable
K. Compensatory Mitigation for Permanent Impacts
Compensatory Mitigation is for permanent physical loss and permanent ecological degradation of a water of the state.

1. Compensatory Mitigation Plan
a. The Permittee has submitted a draft compensatory mitigation plan as part of a complete application. The Permittee shall provide a final compensatory mitigation plan for written acceptance by Central Valley Water Board staff. Impacts to waters of the state are not authorized and shall not occur until a compensatory mitigation plan has been approved by Central Valley Water Board staff. Upon acceptance by Central Valley Water Board staff, the Permittee shall implement the approved plan. b. The final compensatory mitigation plan shall include all plan elements as outlined in the Procedures. The level of detail in the final plan shall be sufficient to accurately evaluate whether compensatory mitigation offsets the adverse impacts attributed to the Project considering the overall size and scope of impact.

2. Purchase of Mitigation Credits by Permittee for Compensatory Mitigation
a. A copy of the fully executed agreement for the purchase of mitigation credits shall be provided to the Central Valley Water Board prior to the initiation of in water work.

3. Total Required Compensatory Mitigation
a. The Permittee is required to provide compensatory mitigation for the authorized impact to 0.01 acre of streambed habitat by purchasing 0.01 Aquatic Resource Mitigation Credits from the Antonio Mountain Ranch Mitigation Bank.
b. Total required Project compensatory mitigation information for permanent physical loss of area is summarized in Table(s) 4. [Establishment (Est.), Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

Re-establishment (Re-est.), Rehabilitation (Reh.), Enhancement (Enh.), Preservation (Pres.), Unknown].

Table 4: Total Required Project Compensatory Mitigation Quantity for Permanent Physical Loss of Area
Aquatic
Resource
Type
Mitigation
Type Units Est. Reest. Reh. Enh. Pres. Unknown
Stream
Channel MB Acres 0.01
L. 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 quality. Some modifications of Project locations or predicted impacts may qualify as Certification Deviations as set forth in Attachment F. 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 Central Valley Water Board has determined that any potential water quality impacts that may result from the change are sufficiently addressed by the Order conditions and the CEQA Findings. After the termination of construction, this Order will be formally amended to reflect all authorized Certification Deviations and any resulting adjustments to the amount of water resource impacts and required compensatory mitigation amounts.

2. A Project modification shall not be granted a Certification Deviation if it warrants or necessitates changes that are not addressed by the Order conditions or the CEQA environmental document such that the Project impacts are not addressed in the Project's environmental document or the conditions of this Order. In this case a supplemental environmental review and different Order will be required.

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Place ID: 879148

XV. Water Quality Certification
I hereby issue the Order for the Cirby Creek Bank Repair Project, WDID# 5A31CR00568, certifying that as long as all of the conditions listed in this Order are met, any discharge from the referenced Project will comply with the applicable provisions of Clean Water Act 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).

The Central Valley Water Board will file a Notice of Determination (NOD) at the SCH within five (5) working days of issuance of this Order. This discharge is also regulated pursuant to State Water Board Water Quality Order No. 2003-0017-DWQ which authorizes this Order to serve as Waste Discharge Requirements pursuant to the Porter-Cologne Water Quality Control Act (Water Code, section 13000 et seq.).

Except insofar as may be modified by any preceding conditions, all Order actions are contingent on: (a) the discharge being limited and all proposed mitigation being completed in strict compliance with the conditions of this Order and the attachments to this Order; and, (b) compliance with all applicable requirements of Statewide Water Quality Control Plans and Policies, the Regional Water Boards’ Water Quality Control Plans and Policies.

Patrick Pulupa, Executive Officer
Central Valley Regional Water Quality Control Board
Attachment A: Project Maps
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: Certification Deviation Procedures
Attachment G: Justification for Section XIV Conditions
Attachment A
Project Maps
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Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment A Place ID: 879148

Figure 1 – Project Vicinity Map
Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment A Place ID: 879148

Figure 2 – Project Site Map
Attachment B
Receiving Waters, Impacts and Mitigation Information
(This page intentionally left blank)
Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment B Place ID: 879148

Receiving Waters, Impacts and Mitigation Information
The following table shows the receiving waters associated with each impact site.

Table 1: Receiving Water(s) Information
NonFederal
Waters
Impact
Site ID
Waterbody
Name
Impacted
Aquatic
Resources
Type
Water
Board
Hydrologic
Units
Receiving
Waters
Receiving Waters
Beneficial Uses
303d
Listing
Pollutant
California
Rapid
Assessment
Method ID
No Site 01 Cirby Creek Streambed 519.21 Sacramento
River
MUN, AGR, REC-1,
REC-2, WARM

COLD, MIGR, SPWN,

WILD, NAV

N/A N/A
No Site 02 Cirby Creek Streambed 519.21 Sacramento
River
MUN, AGR, REC-1,
REC-2, WARM

COLD, MIGR, SPWN,

WILD, NAV

N/A N/A
Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment B Place ID: 879148

Individual Direct Impact Locations
The following tables show individual impacts.

Table 2: Individual Temporary Fill/Excavation Impact Information Impact Site ID Latitude Longitude
Indirect Impact
Requiring
Mitigation?
Acres Cubic Yards Linear Feet
Site 01 38.73282° -121.285615° No 0.01 15 127
Table 3: Individual Permanent Fill/Excavation Impact Information Impact Site ID Latitude Longitude
Indirect Impact
Requiring
Mitigation?
Acres Cubic Yards Linear Feet
Site 02 38.73282° -121.285615° No 0.01 10 60
Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment B Place ID: 879148

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

Mitigation Bank Compensatory Mitigation Site Information Mitigation Bank Name: Antonio Mountain Ranch Mitigation Bank Website: https://placerlandtrust.org/antonio-mountain-ranch-preserve-2/ Mitigation Bank Contact Name: Niki Doan
Phone: (916) 383-2500
Email: [email protected]
Mitigation Location - County: Placer
Latitude: TBD
Longitude: TBD
Table 4: Mitigation Type Information
Aquatic Resource Credit Type Acres Linear Feet Number of Credits Purchased
Aquatic Resource Credits 0.01
Attachment C
CEQA Findings of Fact
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Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment C Place ID: 879148

A. Environmental Review
On 8 December 2016, the City of Roseville, as lead agency, adopted an Initial Study/Mitigated Negative Declaration (IS/MND) (State Clearinghouse (SCH) No. 2016092050) for the Project and filed a Notice of Determination (NOD) at the SCH on 12 December 2016. The Central Valley Water Board is a responsible agency under CEQA (Public Resources Code, section 21069) and in making its determinations and findings, must presume that the City of Roseville’s adopted environmental document comports with the requirements of CEQA and is valid. (Public Resources Code, section 21167.3.) The Central Valley Water Board has reviewed and considered the environmental document and finds that the environmental document prepared by the City of Roseville addresses the Project’s water quality impacts. (California Code of Regulations, Title 14, section 15096, subd. (f).) The environmental document includes the mitigation monitoring and reporting program (MMRP) developed by the City of Roseville for all mitigation measures that have been adopted for the Project to reduce potential significant impacts. (Public Resources Code, section 21081.6, subd. (a)(1); California Code of Regulations, Title 14, section 15074, subd. (d).) B. Incorporation by Reference
Pursuant to CEQA, these Findings of Facts (Findings) support the issuance of this Order based on the Project IS/MND, the application for this Order, and other supplemental documentation.

All CEQA project impacts, including those discussed in subsection C below, are analyzed in detail in the Project Final IS/MND which is incorporated herein by reference. The Project IS/MND is available at: 311 Vernon Street, Roseville, CA 95678.

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

The Permittee’s application for this Order, including all supplemental information provided, are incorporated herein by reference.

C. Findings
The IS/MND states that there are no potentially significant environmental effects to water quality after the mitigation measures imposed by the lead agency.

D. Determination
The Central Valley Water Board has determined that the Project, when implemented in accordance with the MMRP and the conditions in this Order, will not result in any significant adverse water quality impacts. (California Code of Regulations, Title 14, section 15096, subd (h).) The Central Valley Water Board will file a NOD with the SCH within five (5) working days from the issuance of this Order. (California Code of Regulations, Title 14, section 15096, subd. (i).) Attachment D
Reports and Notification Requirements
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Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment D Place ID: 879148

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

A. Central Valley Regional Water Quality Control Board's Adopted Orders Web page
(https://www.waterboards.ca.gov/centralvalley/board_decisions/adopted_orders/ 401_wqcerts/)
B. Find your Order based on the County, Permittee, WDID No., and/or Project Name.

II. Report Submittal Instructions
A. Check the box on the Report and Notification Cover Sheet next to the report or notification you are submitting. (See your Order for specific reports required for your Project)
• Part A (Monthly & Annual Reports): These reports will be submitted monthly and annually until a Notice of Project Complete Letter is issued. • Part B (Project Status Notifications): Used to notify the Central Valley Water Board of the status of the Project schedule that may affect Project billing.
• Part C (Conditional Notifications and Reports): Required on a case by case basis for accidental discharges of hazardous materials, violation of compliance with water quality standards, notification of in-water work, or other reports.

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

C. Electronic Report Submittal Instructions:
• Submit signed Report and Notification Cover Sheet and required information via email to: [email protected] and cc:

[email protected]
• Include in the subject line of the email:

ATTN: Greg Hendricks; Project Name; and WDID No. 5A31CR00568 Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment D Place ID: 879148

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

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

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

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

E. Effective Date: 10 March 2022
IV. Map/Photo Documentation Information
When submitting maps or photos, please use the following formats.

A. Map Format Information:

Preferred map formats of at least 1:24000 (1” = 2000’) detail (listed in order of preference):
• GIS shapefiles: The shapefiles must depict the boundaries of all project areas and extent of aquatic resources impacted. Each shape should be attributed with the extent/type of aquatic resources impacted. Features and boundaries should be accurate to within 33 feet (10 meters). Identify datum/projection used and if possible, provide map with a North American Datum of 1983 (NAD83) in the California Teale Albers projection in feet.

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment D Place ID: 879148

• Google KML files saved from Google Maps: My Maps or Google Earth Pro.

Maps must show the boundaries of all project areas and extent/type of aquatic resources impacted. Include URL(s) of maps. If this format is used include a spreadsheet with the object ID and attributed with the extent/type of aquatic resources impacted.
• Other electronic format (CAD or illustration format) that provides a context for location (inclusion of landmarks, known structures, geographic coordinates, or USGS DRG or DOQQ). Maps must show the boundaries of all project areas and extent/type of aquatic resources impacted. If this format is used include a spreadsheet with the object ID and attributed with the extent/type of aquatic resources impacted.
• Aquatic resource maps marked on paper USGS 7.5-minute topographic maps or Digital Orthophoto Quarter Quads (DOQQ) printouts. Maps must show the boundaries of all project areas and extent/type of aquatic resources impacted. If this format is used include a spreadsheet with the object ID and attributed with the extent/type of aquatic resources impacted.

B. Photo-Documentation: Include a unique identifier, date stamp, written description of photo details, and latitude/longitude (in decimal degrees) or map indicating location of photo. Successive photos should be taken from the same vantage point to compare pre/post construction conditions.

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment D Place ID: 879148

V. Report and Notification Cover Sheet
Project: Cirby Creek Bank Repair Project
Permittee: City of Roseville
WDID: 5A31CR00568
Reg. Meas. ID: 446455
Place ID: 879148
Order Effective Date: 10 March 2022
Order Expiration Date: 10 March 2027
VI. Report Type Submitted
A. Part A – Project Reporting
Report Type 1 ☐ Monthly Report
Report Type 2 ☐ Annual Report
B. Part B – Project Status Notifications
Report Type 3 ☐ Commencement of Construction
Report Type 4 ☐ Request for Notice of Completion of Discharges Letter Report Type 5 ☐ Request for Notice of Project Complete Letter C. Part C – Conditional Notifications and Reports
Report Type 6 ☐ Accidental Discharge of Hazardous Material Report Report Type 7 ☐ Violation of Compliance with Water Quality Standards Report Report Type 8 ☐ In-Water Work/Diversions Water Quality Monitoring Report Report Type 9 ☐ Modifications to Project Report
Report Type 10 ☐ Transfer of Property Ownership Report
Report Type 11 ☐ Transfer of Long-Term BMP Maintenance Report Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment D Place ID: 879148

“I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.”
Print Name1 Affiliation and Job Title
Signature Date
1STATEMENT OF AUTHORIZATION (include if authorization has changed since application was submitted)
I hereby authorize to act in my behalf as my representative in the submittal of this report, and to furnish upon request, supplemental information in support of this submittal.

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

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment D Place ID: 879148

A. Part A – Project Reporting

1. Report Type 1 - Monthly Report
a. Report Purpose - Notifies Central Valley Water Board staff of the Project status and environmental compliance activities on a monthly basis. b. When to Submit - On the 1st day of each month after the submittal of the Commencement of Construction Notification until a Notice of Project Complete Letter is issued to the Permittee.
c. Report Contents -
i. Construction Summary
Describe Project progress and schedule including initial ground disturbance, site clearing and grubbing, road construction, site construction, and the implementation status of construction storm water Best Management Practices (BMPs). Best Management Practices (BMPs) is a term used to describe a type of water pollution or environmental control If construction has not started, provide estimated start date.
ii. Event Summary
Describe distinct Project activities and occurrences, including environmental monitoring, surveys, and inspections.
iii. Photo Summary
Provide photos of Project activities. For each photo, include a unique site identifier, date stamp, written description of photo details, and latitude/longitude (in decimal degrees) or map indicating location of photo. Successive photos should be taken from the same vantage point to compare pre/post construction conditions.
iv. Compliance Summary
• List name and organization of environmental surveyors, monitors, and inspectors involved with monitoring environmental compliance for the reporting period.
• List associated monitoring reports for the reporting period. • Summarize observed incidences of non-compliance, compliance issues, minor problems, or occurrences.
• Describe each observed incidence in detail. List monitor name and organization, date, location, type of incident, corrective action taken (if any), status, and resolution.

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment D Place ID: 879148

2. Report Type 2 - Annual Report
a. Report Purpose - Notify the Central Valley Water Board staff of Project status during both the active discharge and post-discharge monitoring periods.
b. When to Submit - Annual reports shall be submitted each year on the 1st day of April. Annual reports shall continue until a Notice of Project Complete Letter is issued to the Permittee.
c. Report Contents - The contents of the annual report shall include the topics indicated below for each project period. Report contents are outlined in Annual Report Topics below.

During the Active Discharge Period
• Topic 1: Construction Summary
• Topic 2: Mitigation for Temporary Impacts Status
• Topic 3: Compensatory Mitigation for Permanent Impacts Status
During the Post-Discharge Monitoring Period
• Topic 2: Mitigation for Temporary Impacts Status
• Topic 3: Compensatory Mitigation for Permanent Impacts Status
i. Annual Report Topic 1 - Construction Summary
When to Submit - With the annual report during the Active Discharge Period.

Report Contents - Project progress and schedule including initial ground disturbance, site clearing and grubbing, road construction, site construction, and the implementation status of construction storm water best management practices (BMPs). If construction has not started, provide estimated start date and reasons for delay. 1) Map showing general Project progress.
2) If applicable:
a) Summary of Conditional Notification and Report Types 6 and 7 (Part C below).
b) Summary of Certification Deviations. See Certification Deviation Attachment for further information.
ii. Annual Report Topic 2 - Mitigation for Temporary Impacts Status When to Submit - With the annual report during both the Active Discharge Period and Post-Discharge Monitoring Period.

Report Contents -
Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment D Place ID: 879148

1) Planned date of initiation and map showing locations of mitigation for temporary impacts to waters of the state and all upland areas of temporary disturbance which could result in a discharge to waters of the state.
2) If mitigation for temporary impacts has already commenced, provide a map and information concerning attainment of
performance standards contained in the restoration plan. iii. Annual Report Topic 3 - Compensatory Mitigation for Permanent Impacts Status
When to Submit - With the annual report during both the Active Discharge Period and Post-Discharge Monitoring Period.

Report Contents - *If not applicable report N/A.
1) Part A. Permittee Responsible
a) Planned date of initiation of compensatory mitigation site installation.
b) If installation is in progress, a map of what has been completed to date.
c) If the compensatory mitigation site has been installed, provide a final map and information concerning attainment of performance standards contained in the compensatory mitigation plan. 2) Part B. Mitigation Bank or In-Lieu Fee
a) Status or proof of purchase of credit types and quantities. b) Include the name of bank/ILF Program and contact information. c) If ILF, location of project and type if known.

B. Part B – Project Status Notifications

1. Report Type 3 - Commencement of Construction
a. Report Purpose - Notify Central Valley Water Board staff prior to the start of construction.
b. When to Submit - Must be received at least seven (7) days prior to start of initial ground disturbance activities.
c. Report Contents -
i. Date of commencement of construction.
ii. Anticipated date when discharges to waters of the state will occur. iii. Project schedule milestones including a schedule for onsite compensatory mitigation, if applicable.
iv. Construction Storm Water General Permit WDID No.

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment D Place ID: 879148

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

2. Report Type 4 - Request for Notice of Completion of Discharges Letter a. Report Purpose - Notify Central Valley Water Board staff that postconstruction monitoring is required and that active Project construction, including any mitigation and permittee responsible compensatory mitigation, is complete.
b. When to Submit - Must be received by Central Valley Water Board staff within thirty (30) days following completion of all Project construction activities.
c. Report Contents -
i. Status of storm water Notice of Termination(s), if applicable. ii. Status of post-construction storm water BMP installation. iii. Pre- and post-photo documentation of all Project activity sites where the discharge of dredge and/or fill/excavation was authorized. iv. Summary of Certification Deviation discharge quantities compared to initial authorized impacts to waters of the state, if applicable. v. An updated monitoring schedule for mitigation for temporary impacts to waters of the state and permittee responsible compensatory mitigation during the post-discharge monitoring period, if applicable.

3. Report Type 5 - Request for Notice of Project Complete Letter a. Report Purpose - Notify Central Valley Water Board staff that construction and/or any post-construction monitoring is complete, or is not required, and no further Project activity is planned.
b. When to Submit - Must be received by Central Valley Water Board staff within thirty (30) days following completion of all Project activities. c. Report Contents -
i. Part A: Mitigation for Temporary Impacts
1) A report establishing that the performance standards outlined in the restoration plan have been met for Project site upland areas of temporary disturbance which could result in a discharge to waters of the state.
2) A report establishing that the performance standards outlined in the restoration plan have been met for restored areas of temporary impacts to waters of the state. Pre- and post-photo documentation of all restoration sites.
ii. Part B: Permittee Responsible Compensatory Mitigation Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment D Place ID: 879148

1) A report establishing that the performance standards outlined in the compensatory mitigation plan have been met.
2) Status on the implementation of the long-term maintenance and management plan and funding of endowment.
3) Pre- and post-photo documentation of all compensatory mitigation sites.
4) Final maps of all compensatory mitigation areas (including buffers). iii. Part C: Post-Construction Storm Water BMPs and Monitoring 1) Date of storm water Notice of Termination(s), if applicable. 2) Report status and functionality of all post-construction BMPs. 3) Dates and report of visual post-construction inspection during the rainy season as indicated in XIV.C.4.

C. Part C – Conditional Notifications and Reports

1. Report Type 6 - Accidental Discharge of Hazardous Material Report a. Report Purpose - Notifies Central Valley Water Board staff that an accidental discharge of hazardous material has occurred. b. When to Submit - Within five (5) working days of notification to the Central Valley Water Board of an accidental discharge. Continue reporting as required by Central Valley Water Board staff.
c. Report Contents -
i. The report shall include the OES Incident/Assessment Form, a full description and map of the accidental discharge incident (i.e. location, time and date, source, discharge constituent and quantity, aerial extent, and photo documentation). If applicable, the OES Written Follow-Up Report may be substituted.
ii. If applicable, any required sampling data, a full description of the sampling methods including frequency/dates and times of sampling, equipment, locations of sampling sites.
iii. Locations and construction specifications of any barriers, including silt curtains or diverting structures, and any associated trenching or anchoring.

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

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment D Place ID: 879148

b. When to Submit - The Permittee shall report any event that causes a violation of water quality standards within three (3) working days of the noncompliance event notification to Central Valley Water Board staff. c. Report Contents - The report shall include: the cause; the location shown on a map; and the period of the noncompliance including exact dates and times. If the noncompliance has not been corrected, include: the anticipated time it is expected to continue; the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; and any monitoring results if required by Central Valley Water Board staff.

3. Report Type 8 - In-Water Work and Diversions Water Quality Monitoring Report
a. Report Purpose - Notifies Central Valley Water Board staff of the start and completion of in-water work. Reports the sampling results during inwater work and during the entire duration of temporary surface water diversions.
b. When to Submit – At least forty-eight (48) hours prior to the start of inwater work. Within three (3) working days following the completion of inwater work. Surface water monitoring reports to be submitted two (2) weeks on initiation of in-water construction and during entire duration of temporary surface water diversions. Continue reporting in accordance with the approved water quality monitoring plan or as indicated in XIV.C.3. c. Report Contents - As required by the approved water quality monitoring plan or as indicated in XIV.C.3.

4. Report Type 9 - Modifications to Project Report
a. Report Purpose - Notifies Central Valley Water Board staff if the Project, as described in the application materials, is altered in any way or by the imposition of subsequent permit conditions by any local, state or federal regulatory authority.
b. When to Submit - 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.
c. Report Contents - A description and location of any alterations to Project implementation. Identification of any Project modifications that will interfere with the Permittee’s compliance with the Order.

5. Report Type 10 - Transfer of Property Ownership Report a. Report Purpose - Notifies Central Valley Water Board staff of change in ownership of the Project or Permittee-responsible mitigation area. b. When to Submit - At least 10 days prior to the transfer of ownership.

Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment D Place ID: 879148

c. Report Contents -
i. A statement that the Permittee has provided the purchaser with a copy of this Order and that the purchaser understands and accepts:
1) the Order’s requirements and the obligation to implement them or be subject to administrative and/or civil liability for failure to do so; and
2) responsibility for compliance with any long-term BMP maintenance plan requirements in this Order. Best Management Practices (BMPs) is a term used to describe a type of water pollution or environmental control
ii. A statement that the Permittee has informed the purchaser to submit a written request to the Central Valley Water Board to be named as the permittee in a revised order.

6. Report Type 11 - Transfer of Long-Term BMP Maintenance Report a. Report Purpose - Notifies Central Valley Water Board staff of transfer of long-term BMP maintenance responsibility.
b. When to Submit - At least 10 days prior to the transfer of BMP maintenance responsibility.
c. Report Contents - A copy of the legal document transferring maintenance responsibility of post-construction BMPs.

Attachment E
Signatory Requirements
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Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment E Place ID: 879148

SIGNATORY REQUIREMENTS
All Documents submitted in compliance with this Order shall meet the following signatory requirements:

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

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

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

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

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

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

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

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

C. Any person signing a document under this section shall make the following certification:
“I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.”
Attachment F
Certification Deviation Procedures
(This page intentionally left blank)
Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment F Place ID: 879148

CERTIFICATION DEVIATION PROCEDURES
I. Introduction
These procedures are put into place to preclude the need for Order amendments for minor changes in the Project routing or location. Minor changes or modifications in project activities are often required by the Permittee following start of construction.

These deviations may potentially increase or decrease impacts to waters of the state. In such cases, a Certification Deviation, as defined in Section XIV.L of the Order, may be requested by the Permittee as set forth below:

II. Process Steps
A. Who may apply: The Permittee or the Permittee’s duly authorized representative or agent (hereinafter, “Permittee”) for this Order.

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

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

1. Describe the Project change or modification:
a. Proposed activity description and purpose;
b. Why the proposed activity is considered minor in terms of impacts towaters of the state;
c. How the Project activity is currently addressed in the Order; and, d. Why a Certification Deviation is necessary for the Project.

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

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

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

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

6. Provide any other information required by Central Valley Water Board staff to determine whether the Project change or modification necessitates additional environmental review. (California Code of Regulations, Title 14, sections 15061, 15162-15164.)
Cirby Creek Bank Repair Project Reg. Meas.ID: 446455
Attachment F Place ID: 879148

D. Post-Discharge Certification Deviation Reporting:

1. Within 30 calendar days of completing the approved Certification Deviation activity, the Permittee will provide a post-discharge activity report that includes the following information:
a. Activity description and purpose;
b. Activity location, start date, and completion date;
c. Erosion control and pollution prevention measures applied; d. The net change in impact area by water body type(s) in acres, linear feet and cubic yards;
e. Mitigation plan, if applicable; and,
f. Map of activity location and boundaries; post-construction photos.

E. Annual Summary Deviation Report:

1. Until a Notice of Completion of Discharges Letter or Notice of Project Complete Letter is issued, include in the Annual Project Report (see Construction Notification and Reporting attachment) a compilation of all Certification Deviation activities through the reporting period with the following information:
a. Site name(s);
b. Date(s) of Certification Deviation approval;
c. Location(s) of authorized activities;
d. Impact area(s) by water body type prior to activity in acres, linear feet and cubic yards, as originally authorized in the Order;
e. Actual impact area(s) by water body type in, acres, linear feet and cubic yards, due to Certification Deviation activity(ies);
f. The net change in impact area by water body type(s) in acres, linear feet and cubic yards; and
g. Mitigation to be provided (approved mitigation ratio and amount).

Attachment G
Justification for Section XIV Conditions
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Attachment G - Justification for Section XIV Conditions The purpose of this Attachment is to provide an explanation of why conditions are necessary to assure that any discharge authorized under the certification will comply with water quality requirements and a citation to applicable law that authorizes the condition. This Attachment uses the same organizational structure as Section XIV of the Order, and the statements below correspond with the conditions set forth in Section XIV.
l. General Justification for Section XIV Conditions
Pursuant to Clean Water Act section 401 and California Code of Regulations, title 23, section 3859, subdivision (a), the Central Valley Water Board, when issuing water quality certifications, may set forth conditions to ensure compliance with applicable water quality standards and other appropriate requirements of state law.

Under California Water Code section 13160, the State Water Resources Control Board is authorized to issue water quality certifications under the Clean Water Act and has delegated this authority to the executive officers of the regional water quality controls boards for projects within the executive officer’s region of jurisdiction. (California Code of Regulations, title 23, section 3838.) The conditions within the Order are generally required pursuant to the Central Valley Water Board’s Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, Fifth Edition, May 2018 (Basin Plan), which was adopted and is periodically revised pursuant to Water Code section 13240. 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. For instance, the Basin Plan includes water quality objectives for chemical constituents, oil and grease, pH, sediment, suspended material, toxicity and turbidity, which ensure protection of beneficial uses.

The State Water Board’s Antidegradation Policy, “Statement of Policy with Respect to Maintaining High Quality Waters in California,” Resolution No. 68-16, requires that the quality of existing high-quality water be maintained unless any change will be consistent with the maximum benefit to the people of the state, will not unreasonably affect present or anticipated future beneficial uses of such water, and will not result in water quality less than that prescribed in water quality control plans or policies.

The Antidegradation Policy further requires best practicable treatment or control of the discharge necessary to assure that pollution or nuisance will not occur and the highest water quality consistent with maximum benefit to the people of the state will be maintained. The Basin Plan incorporates this Policy. The state Antidegradation Policy incorporates the federal Antidegradation Policy (40 C.F.R. section 131.12 (a)(1)), which requires "[e]xisting instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected." The State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Dredge or Fill Procedures), adopted pursuant to Water Code sections 13140 and 13170, authorize approval of dredge or fill projects

only if the demonstrations set forth in Section IV.B.1 of the Dredge or Fill Procedures have been satisfied.

California Code of Regulations, title 23, sections 3830 et seq. set forth state regulations pertaining to water quality certifications. In particular, section 3856 sets forth information that must be included in water quality certification requests, and section 3860 sets forth standard conditions that shall be included in all water quality certification actions.

Finally, Water Code sections 13267 and 13383 authorize the regional and state boards to establish monitoring and reporting requirements for persons discharging or proposing to discharge waste.
ll. Specific Justification for Section XIV Conditions
A. Authorization
Authorization under the Order is granted based on the application submitted. The Permittee is required to detail the scope of project impacts in a complete application pursuant to California Code of Regulations, title 23, section 3856, subdivision (h). Pursuant to Water Code section 13260, subdivision (c), each person discharging waste, or proposing to discharge waste shall file a report of waste discharge relative to any material change or proposed change in the character, location, or volume of the discharge. Pursuant to Water Code section 13264, subdivision (a), the Permittee is prohibited from initiating the discharge of new wastes, or making material changes to the character, volume, and timing of waste discharges authorized herein without filing a report required by Water Code section 13260 or its equivalent for certification actions under California Code of Regulations, title 23, section 3856.

B. Reporting and Notification Requirements

1. Project Reporting

2. Project Status Notifications
The reporting and notification conditions under Sections B.1 and B.2 are required to provide the Central Valley Water Board necessary project information and oversight to ensure project discharges are complying with applicable Basin Plan requirements. These monitoring and reporting requirements are consistent with the Central Valley Water Board’s authority to investigate the quality of any waters of the state and require necessary monitoring and reporting pursuant to Water Code sections 13267 and 13383.

Water Code section 13267 authorizes the regional boards to require any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste to provide technical or monitoring program reports required by the regional board. Water Code section 13383 authorizes the regional boards to establish monitoring, inspection, entry, reporting, and other recordkeeping requirements, as authorized by Water Code section 13160, for any person who discharges, or proposes to discharge, to navigable waters.

3. Conditional Notifications and Reports
a. Accidental Discharges of Hazardous Materials
Conditions under Section B.3.a related to notification and reporting requirements in the event of an accidental discharge of hazardous materials are required pursuant to section 13271 of the Water Code, which requires immediate notification of the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the state toxic disaster contingency plan adopted pursuant to Article 3.7 (commencing with Section 8574.16) of Chapter 7 of Division 1 of Title 2 of the Government Code. “Hazardous materials” is defined under Health and Safety Code section 25501. These reports related to accidental discharges ensure that corrective actions, if any, that are necessary to minimize the impact or clean up such discharges can be taken as soon as possible.
b. Violation of Compliance with Water Quality Standards c. In-Water work and Diversions
Conditions under Section B.3.b and B.3.c related to monitoring and reporting on water quality standard compliance and in-water work and diversions are required to provide the Central Valley Water Board necessary project information and oversight to ensure project discharges are complying with applicable water quality objectives under the Basin Plan. These monitoring and reporting requirements are consistent with the Central Valley Water Board’s authority to investigate the quality of any waters of the state and require necessary monitoring and reporting pursuant to Water Code sections 13267 and 13383. Water Code section 13267 authorizes the regional boards to require any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste to provide technical or monitoring program reports required by the regional board. Water Code section 13383 authorizes the regional boards to establish monitoring, inspection, entry, reporting, and other recordkeeping requirements, as authorized by Water Code section 13160, for any person who discharges, or proposes to discharge, to navigable waters.
d. Modifications to Project
Authorization under this Order is granted based on the application and supporting information submitted. Conditions under Section B.3.d are necessary to ensure that if there are modifications to the project, that the Order requirements remain applicable. The Permittee is required to detail the scope of project impacts in a complete application pursuant to California Code of Regulations, title 23, section 3856, subdivision (h).

Pursuant to Water Code section 13260, subdivision (c), each person discharging waste, or proposing to discharge waste shall file a report of waste discharge relative to any material change or proposed change in

the character, location, or volume of the discharge. Pursuant to Water Code section 13264, subdivision (a), the Permittee is prohibited from initiating the discharge of new wastes, or making material changes to the character, volume, and timing of waste discharges authorized herein without filing a report required by Water Code section 13260 or its equivalent for certification actions under California Code of Regulations, title 23, section 3856.
e. Transfer of Property Ownership
f. Transfer of Long-Term BMP Maintenance
Authorization under this Order is granted based on the application information submitted, including identification of the legally responsible party. Conditions under Sections B.3.e and B.3.f are necessary to confirm whether the new owner wishes to assume legal responsibility for compliance with this Order. If not, the original discharger remains responsible for compliance with this Order. Pursuant to Water Code section 13260, subdivision (c), each person discharging waste, or proposing to discharge waste shall file a report of waste discharge relative to any material change or proposed change in the character, location, or volume of the discharge. Pursuant to Water Code section 13264, subdivision (a), the Permittee is prohibited from initiating the discharge of new wastes, or making material changes to the character, volume, and timing of waste discharges authorized herein without filing a report required by Water Code section 13260 or its equivalent for certification actions under California Code of Regulations, title 23, section 3856.

C. Water Quality Monitoring
Conditions under Section C related to water quality monitoring are required to confirm that best management practices required under this Order are sufficient to protect beneficial uses and to comply with water quality objectives to protect those uses under the Basin Plan. Applicable water quality objectives and beneficial uses are identified in the Order. These monitoring requirements are consistent with the Central Valley Water Board’s authority to investigate the quality of any waters of the state and require necessary monitoring and reporting pursuant to Water Code sections 13267 and 13383. Water Code section 13267 authorizes the regional boards to require any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste to provide technical or monitoring program reports required by the regional board. Water Code section 13383 authorizes the regional boards to establish monitoring, inspection, entry, reporting, and other recordkeeping requirements, as authorized by Water Code section 13160, for any person who discharges, or proposes to discharge, to navigable waters.

D. Standard

1. This Order is subject to modification or revocation . . . .

This is a standard condition that “shall be included as conditions of all water quality certification actions” pursuant to California Code of Regulations, title 23, section 3860(a). This condition places the permittee on notice that the certification action may be modified or revoked following administrative or judicial review.

2. This Order is not intended and shall not be construed to apply to any activity involving a hydroelectric facility . . . .

This is a standard condition that “shall be included as conditions of all water quality certification actions” pursuant to California Code of Regulations, title 23, section 3860(b). This condition clarifies the scope of the certification’s application.

3. This Order is conditioned upon total payment of any fee . . . .

This is a standard condition that “shall be included as conditions of all water quality certification actions” pursuant to California Code of Regulations, title 23, section 3860(c). This fee requirement condition is also required pursuant to California Code of Regulations, section 3833(b).

E. General Compliance

1. Failure to comply with any condition of this Order . . . .

The condition under Section E.1 places the Permittee on notice of any violations of Order requirements. Pursuant to Water Code section 13385, subdivision (a)(2), a person who violates any water quality certification issued pursuant to Water Code section 13160 shall be liable civilly.

2. Permitted actions must not cause a violation of any applicable water quality standards . . . .

Conditions under Section E.2 related to compliance with water quality objectives and designated beneficial uses are required pursuant to the Central Valley Water Board’s Basin Plan. The Basin Plan’s water quality standards 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. The Antidegradation Policy requires that the quality of existing high-quality water be maintained unless any change will be consistent with the maximum benefit to the people of the state, will not unreasonably affect present or anticipated future beneficial uses of such water, and will not result in water quality less than that prescribed in water quality control plans or policies. The Antidegradation Policy further requires best practicable treatment or control of the discharge necessary to assure that pollution or nuisance will not occur and the highest water quality consistent with maximum benefit to the people of the state will be maintained.

Applicable beneficial uses and water quality objectives to protect those uses

include the Chemical Constituents (Basin Plan, Section 3.1.3), Oil and Grease (Basin Plan, Section 3.1.10), pH (Basin Plan, Section 3.1.11), Sediment (Basin Plan, 3.1.15), Suspended Material (3.1.17), Toxicity (Basin Plan, 3.1.20), and Turbidity (Basin Plan, Section 3.1.21) water quality objectives.

3. In response to a suspected violation of any condition of this Order, the Central Valley Water Board may require . . . .

Conditions under Section E.3 related to monitoring and reporting are required to provide the Central Valley Water Board necessary project information and oversight to ensure project discharges are complying with applicable Basin Plan requirements. These monitoring and reporting requirements are consistent with the Central Valley Water Board’s authority to investigate the quality of any waters of the state and require necessary monitoring and reporting pursuant to Water Code sections 13267 and 13383. Water Code section 13267 authorizes the regional boards to require any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste to provide technical or monitoring program reports required by the regional board. Technical supports submitted pursuant to Water Code section 13267 are required to be submitted under penalty of perjury. Water Code section 13383 authorizes the regional boards to establish monitoring, inspection, entry, reporting, and other recordkeeping requirements, as authorized by Water Code section 13160, for any person who discharges, or proposes to discharge, to navigable waters.

4. The Permittee must, at all times, fully comply with engineering plans, specifications, and technical reports . . . .

Authorization under the Order is granted based on the application and supporting information submitted. The Permittee is required to detail the project description in a complete application pursuant to California Code of Regulations, title 23, section 3856, subdivision (h). Pursuant to Water Code section 13260, subdivision (c), each person discharging waste, or proposing to discharge waste shall file a report of waste discharge relative to any material change or proposed change in the character, location, or volume of the discharge. Pursuant to Water Code section 13264, subdivision (a), the Permittee is prohibited from initiating the discharge of new wastes, or making material changes to the character, volume, and timing of waste discharges authorized herein without filing a report required by Water Code section 13260 or its equivalent for certification actions under California Code of Regulations, title 23, section 3856. Finally, compliance with conditions of the Order ensures that the Project will comply with all water quality standards and other appropriate requirements as detailed herein. (California Code of Regulations, title 23, section 3859, subdivision (a).)

5. This Order and all of its conditions herein continue to have full force and effect . . . .

This condition ensures continued compliance with applicable water quality standards and other appropriate requirements of state law. Notwithstanding any determinations by the U.S. Army Corps or other federal agency, the Permittee must comply with the entirety of this certification because, pursuant to State Water Board Water Quality Order No. 2003-0017-DWQ, this Order also serves as Waste Discharge Requirements pursuant to the PorterCologne Water Quality Control Act.

6. The Permittee shall adhere to all requirements in the mitigation monitoring and reporting program . . . .

This condition ensures mitigation measures required to lessen the significance of impacts to water quality identified pursuant to California Environmental Quality Act review are implemented and enforceable. Pursuant to California Code of Regulations, title 14, section 15097, subdivision (a), a public agency shall adopt a program for monitoring and reporting on mitigation measures imposed to mitigate or avoid significant environmental effects to ensure implementation.

7. Construction General Permit Requirement
Permittees are required to obtain coverage under 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 projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres. This is required pursuant to Clean Water Act sections 301 and 402 which prohibit certain discharges of storm water containing pollutants except in compliance with an NPDES permit. (33 U.S.C. section 1311, and 1342(p); 40 C.F.R. parts 122, 123, and 124.)
F. Administrative

1. Signatory requirements for all document submittals . . . .

The condition for signatory requirements is required pursuant to Water Code section 13267, which requires any person discharging waste that could affect the quality of waters to provide to the Central Valley Water Board, under penalty of perjury, any technical or monitoring program reports as required by the Central Valley Water Board. The signatory requirements are consistent with 40 C.F.R. section 122.22.

2. This Order does not authorize any act which results in the taking of a threatened, endangered, or candidate species . . . .

Pursuant to the California Endangered Species Act (Fish & Wildlife Code, sections 2050 et seq.) and federal Endangered Species Act (16 U.S.C. sections 1531 et set.), the Order does not authorize any act which results in the taking of a threatened, endangered, or candidate species. In the event a Permittee requires authorization from the state or federal authorities, California Code of Regulations, title 23, section 3856(e), requires that copies be provided to the Central Valley Water Board of “any final and signed federal, state, and local licenses, permits, and agreements (or copies of the draft documents, if not finalized) that will be required for any construction, operation, maintenance, or other actions associated with the activity. If no final or draft document is available, a list of all remaining agency regulatory approvals being sought shall be included.”

3. The Permittee shall grant Central Valley Water Board staff . . . .

The condition related to site access requirements is authorized pursuant to the Central Valley Water Board’s authority to investigate the quality of any waters of the state within its region under Water Code section 13267 and 13383. Water Code section 13267, subdivision (c) provides that “the regional board may inspect the facilities of any person to ascertain whether the purposes of this division are being met and waste discharge requirements are being complied with.” Water Code section 13383 authorizes the regional boards to establish monitoring, inspection, entry, reporting, and other recordkeeping requirements, as authorized by Water Code section 13160, for any person who discharges, or proposes to discharge, to navigable waters.

4. A copy of this Order shall be provided to any consultants, contractors, and subcontractors . . . .

This Condition ensures any agent of the Permittee is aware of Order requirements. Such conditions within the Order are necessary to ensure that all activities will comply with applicable water quality standards and other appropriate requirements (33 U.S.C. section 1341; California Code of Regulations, title 23, section 3859, subdivision (a)) and cannot be adhered to if the Permittees’ agents are unaware of applicable requirements. These conditions are necessary to ensure compliance with applicable water quality objectives and protection of beneficial uses found in the Basin Plan, adopted pursuant to Water Code section 13240, and detailed in the Order.

5. A copy of this Order must be available at the Project site(s) during construction . . .

This Condition ensures any agent of the Permittee is aware of Order requirements. Such conditions within the Order are necessary to ensure that all activities will comply with applicable water quality standards and other appropriate requirements (33 U.S.C. section 1341; California Code of Regulations, title 23, section 3859, subdivision (a)) and cannot be adhered to

if the Permittees’ agents are unaware of applicable requirements. These conditions are necessary to ensure compliance with applicable water quality objectives and protection of beneficial uses found in the Basin Plan, adopted pursuant to Water Code section 13240, and detailed in the Order.

6. Lake or Streambed Alteration Agreement
This condition is required pursuant to California Code of Regulations, title 23, section 3856, subdivision (e), which requires that copies be provided to the Central Valley Water Board of “any final and signed federal, state, and local licenses, permits, and agreements (or copies of the draft documents, if not finalized) that will be required for any construction, operation, maintenance, or other actions associated with the activity. If no final or draft document is available, a list of all remaining agency regulatory approvals being sought shall be included.”
G. Construction

1. Dewatering
Conditions related to dewatering and diversions ensure protection of beneficial uses during construction activities. Work in waters of the state and temporary diversions must not cause exceedances of water quality objectives; accordingly, these conditions require implementation of best practicable treatments and controls to prevent pollution and nuisance, and to maintain water quality consistent with the Basin Plan and Antidegradation Policy. Further and consistent with the Dredge or Fill Procedures, section IV.A.2.c, water quality monitoring plans are required for any in-water work.

Finally, dewatering activities may require a Clean Water Act section 402 permit or separate Waste Discharge Requirements under Water Code section 13263 for dewatering activities that result in discharges to land.

Conditions related to water rights permits are required pursuant to California Code of Regs, title 23, section 3856(e), which requires complete copies of any final and signed federal, state, or local licenses, permits, and agreements (or copies of drafts if not finalized) that will be required for any construction, operation, maintenance, or other actions associated with the activity.

Conditions related to monitoring and reporting are required to provide the Central Valley Water Board necessary project information and oversight to ensure project discharges are complying with applicable Basin Plan requirements. These monitoring and reporting requirements are consistent with the Central Valley Water Board’s authority to investigate the quality of any waters of the state and require necessary monitoring and reporting pursuant to Water Code sections 13267 and 13383. Water Code section 13267 authorizes the regional boards to require any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste to provide technical or monitoring program reports required by the regional board. Water Code section 13383 authorizes the regional boards to establish monitoring, inspection, entry,

reporting, and other recordkeeping requirements, as authorized by Water Code section 13160, for any person who discharges, or proposes to discharge, to navigable waters.

2. Directional Drilling
Not Applicable

3. Dredging
Not Applicable

4. Fugitive Dust
This condition is required to assure that the discharge from the Project will comply with water quality objectives established for surface waters, including for chemical constituents and toxicity. (Basin Plan, Sections 3.1.3 & 3.1.20.) Chemicals used in dust abatement activities can result in a discharge of chemical additives and treated waters to surface waters of the state.

Therefore, dust abatement activities shall be conducted so that sediment or dust abatement chemicals are not discharged into waters of the state and do not adversely affect beneficial uses. (Basin Plan, Section 2.1; Dredge or Fill Procedures, Section IV.B.1.)

5. Good Site Management “Housekeeping”
Conditions related to site management require best practices to prevent, minimize, and/or clean up potential construction spills, including from construction equipment. For instance, fuels and lubricants associated with the use of mechanized equipment have the potential to result in toxic discharges to waters of the state in violation of water quality standards, including the toxicity and floating material water quality objectives. (Basin Plan, Sections

3.1.7 & 3.1.20.) This condition is also required pursuant to Water Code section 13264, which prohibits any discharge that is not specifically authorized in this Order. Among other requirements, Section IV.B.1 of the Dredge or Fill Procedures requires that Project impacts will not cause or contribute to a degradation of waters; or violate water quality standards.

6. Hazardous Materials
Conditions related to toxic and hazardous materials are necessary to assure that discharges comply with applicable water quality objectives under the Basin Plan, adopted under section 13240 of the Water Code, including the narrative toxicity and chemical constituents water quality objectives. (Basin Plan, Sections 3.1.3, 3.1.20.) Further, conditions related to concrete/cement are required pursuant to the Basin Plan’s pH water quality objective. (Basin Plan, Section 3.1.11.)

7. Invasive Species and Soil Borne Pathogens
Conditions related to invasive species and soil borne pathogens are required to ensure that discharges will not violate any water quality objectives under the Basin Plan, adopted under Water Code section 13240 of the Water Code.

Invasive species and soil borne pathogens adversely affect beneficial uses designated in the Basin Plan, such as rare, threatened, or endangered species; wildlife habitat; and preservation of biological habitats of special significance. (See Basin Plan, Section 2.1.) Among other requirements, Section IV.B.1 of the Dredge or Fill Procedures requires that Project impacts will not contribute to a net loss of the overall abundance, diversity, and condition of aquatic resources; cause or contribute to a degradation of waters; or violate water quality standards.

8. Post-Construction Storm Water Management
Conditions related to post-construction stormwater management are required to comply with the Basin Plan and to assure that the discharge complies with applicable water quality objectives. Post-rain erosion and sedimentation problems can contribute to significant degradation of the waters of the state; therefore, it is necessary to take corrective action to eliminate such discharges in order to avoid or minimize such degradation. Implementation of control measures and best management practices described in the conditions will assure compliance with water quality objectives including for floating material, sediment, turbidity, temperature, suspended material, and settleable material. (Basin Plan, Sections 3.1.7, 3.1.15, 3.1.16, 3.1.17, 3.1.19, 3.1.21.) Among other requirements, Section IV.B.1 of the Dredge or Fill Procedures requires that Project impacts will not contribute to a net loss of the overall abundance, diversity, and condition of aquatic resources; cause or contribute to a degradation of waters; or violate water quality standards.

9. Roads
These conditions are required to assure that discharges will comply with water quality standards within the Basin Plan. Specifically, activities associated with road maintenance have the potential to exceed water quality objectives for oil and grease, pH, sediment, settleable materials, temperature, and turbidity. (Basin Plan, Sections 3.1.10, 3.1.11, 3.1.15, 3.1.16, 3.1.19,

3.1.21.) Further, these conditions are required to assure that they do not result in adverse impacts related to hydromodification or create barriers to fish passage and spawning activities. Among other requirements, Section IV.B.1 of the Dredge or Fill Procedures requires that Project impacts will not contribute to a net loss of the overall abundance, diversity, and condition of aquatic resources; cause or contribute to a degradation of waters; or violate water quality standards.

10.Sediment Control
Conditions related to erosion and sediment control design requirements are required to sustain fluvial geomorphic equilibrium. Improperly designed and installed BMPs result in excess sediment, which impairs surface waters, adversely affect beneficial uses, and results in exceedance of water quality objectives in the Basin Plan, including for sediment and turbidity. (Basin Plan, Sections 3.1.15 & 3.1.21.) Among other requirements, Section IV.B.1 of the Dredge or Fill Procedures requires that Project impacts will not contribute to a

net loss of the overall abundance, diversity, and condition of aquatic resources; cause or contribute to a degradation of waters; or violate water quality standards.

11.Special Status Species
See F.2 above.

12.Stabilization/Erosion Control
Conditions related to erosion and sediment control design requirements are required to sustain fluvial geomorphic equilibrium. Improperly designed and installed BMPs result in excess sediment, which impairs surface waters, adversely affect beneficial uses, and results in exceedance of water quality objectives in the Basin Plan, including for sediment. (Basin Plan, Section

3.1.15.) Among other requirements, Section IV.B.1 of the Dredge or Fill Procedures requires that Project impacts will not contribute to a net loss of the overall abundance, diversity, and condition of aquatic resources; cause or contribute to a degradation of waters; or violate water quality standards.

13.Storm Water
Post-rain erosion and sedimentation problems can contribute to significant degradation of the waters of the state; therefore, it is necessary to take corrective action to eliminate such discharges in order to avoid or minimize such degradation. Implementation of control measures and best management practices described in the condition will assure compliance with water quality objectives including chemical constituents, floating material, sediment, turbidity, temperature, suspended material, and settleable material within the Basin Plan. (Basin Plan, Sections 3.1.1, 3.1.7, 3.1.15, 3.1.16, 3.1.17, 3.1.19,

3.1.21.) Among other requirements, Section IV.B.1 of the Dredge or Fill Procedures requires that Project impacts will not cause or contribute to a degradation of waters or violate water quality standards.

H. Site Specific
Not Applicable
I. Total Maximum Daily Load (TMDL)
Not Applicable
J. Mitigation for Temporary Impacts
Not Applicable
K. Compensatory Mitigation for Permanent Impacts
The conditions under Sections K, L, and M regarding compensatory mitigation for permanent impacts ensure permanent physical loss and permanent ecological degradation of waters of the state are adequately mitigated. These conditions are

necessary to ensure compliance with state and federal anti-degradation policies and are consistent with Section IV.B.1.a of the Dredge or Fill Procedures, which requires that the Water Boards will approve a project only after it has been determined that a sequence of actions has been taken to first avoid, then to minimize, and lastly compensate for adverse impacts that cannot be practicably avoided or minimized. (See also California Code of Regulations, section 3856, subdivision (h) [requiring submittal of proposed mitigation and description of steps taken to avoid, minimize, or compensate].) These compensatory mitigation conditions are also consistent with Executive Order W-59-93 commonly referred to as California’s “No Net Loss” Policy for wetlands. The objective of the No Net Loss Policy is to ensure no overall net loss of and a long term net gain in the quantity, quality, and permanence of wetland acreage and values in California.

Further, compensatory mitigation requirements must comply with subpart J of the Supplemental State Guidelines. Conditions related to financial assurances are also required to ensure that compensatory mitigation will be provided. (Dredge or Fill Procedures, section IV.B.5.f.)
L. Certification Deviation

1. Minor modifications of Project locations or predicted impacts . . . .

2. A Project modification shall not be granted a Certification Deviation if it warrants or necessitates . . . .

Authorization under the Order is granted based on the application and supporting information submitted. Among other requirements, the Permittee is required to detail the project description in a complete application pursuant to California Code of Regulations, title 23, section 3856, subdivision (h).

Pursuant to Water Code section 13260, subdivision (c), each person discharging waste, or proposing to discharge waste shall file a report of waste discharge relative to any material change or proposed change in the character, location, or volume of the discharge. Pursuant to Water Code section 13264, subdivision (a), the Permittee is prohibited from initiating the discharge of new wastes, or making material changes to the character, volume, and timing of waste discharges authorized herein without filing a report required by Water Code section 13260 or its equivalent for certification actions under California Code of Regulations, title 23, section 3856. Project deviations may require additional or different Order conditions as authorized by law to ensure compliance with applicable water quality standards and other appropriate requirements (33 U.S.C. section 1341; California Code of Regulations, title 23, section 3859, subdivision (a)) and may result in impacts to water quality that require additional environmental review (California Code of Regulations, title 14, sections 15062-15063).

APPENDIX C

DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT
1325 J STREET
SACRAMENTO CA 95814-2922
March 4, 2022
Regulatory Division (SPK-2021-00402)
City of Roseville Public Works
Attn: Mr. Rjahja Canlas
316 Vernon Street
Roseville, California 95678-2649
[email protected]
Dear Mr. Canlas
We are responding to your May 18, 2021, pre-construction notification for a Department of the Army (DA) permit for the Cirby Creek Bank Repair project. The approximately 0.31-acre project site is located along Cirby Creek, to the south of Juanita Way, and to the southwest of Machado Lane, Latitude 38.73331°, Longitude -121.22672°, in the City of Roseville, Placer County, California.

Based on the information you provided to this office, the Cirby Creek Bank Repair project involves the discharge of fill material into 0.02 acre of waters of the U.S. for the construction of bank stabilization along an existing outfall structure, subject to Section 404 of the Clean Water Act. The specific activities that require DA authorization are the permanent placement of gabion wall and rock slope protection, as well as the installation of a temporary water diversion structure. These activities will result in permanent effects to 0.01 acre of perennial stream, and temporary effects to approximately 0.01acre of perennial stream. The proposed activities would be conducted in accordance with the Cirby Creek Bank Repair Project plans, dated July 15, 2021, and prepared by Psomas (enclosure 2).

We have determined that activities in waters of the U.S. associated with the project are authorized by Nationwide Permit Number (NWP) 13, Bank Stabilization. You must comply with all terms and conditions of the NWP and applicable regional conditions.

Enclosed is information about the NWP terms and conditions and Sacramento District regional conditions for California (Enclosure 1). You should pay particular attention to General Conditions 2, 6, 11, 12, 13, 14, 15, 18, 21, 30, and Regional Conditions C(3), C(4),C(5), C(7), C(8) and C(9) . In addition, your work must comply with the following special conditions:

1. At least 10 days prior to initiation of construction activities in waters of the U.S. authorized by this verification, you shall notify this office in writing of the anticipated start date for the work. No later than 10 calendar days following completion of construction -2-
activities in waters of the U.S. authorized by this verification, you shall notify this office in writing that construction activities have been completed.

2. To ensure your project complies with the Federal Endangered Species Act, you must implement all of the mitigating measures identified in the enclosed National Marine Fisheries Service letter of concurrence (Number NMFS No. NMFS ECO#: WCRO-2021- 02186, dated September 21, 2021), including those ascribed to the Corps therein. If you are unable to implement any of these measures, you must immediately notify this office, the U.S. Fish and Wildlife Office, and the National Marine Fisheries Service so we may consult as appropriate, prior to initiating the work, in accordance with federal law. To ensure your project complies with the Federal Endangered Species Act, you must implement all of the mitigating measures proposed as part of your project description, which are identified in the enclosed National Marine Fisheries Service letter of concurrence (Number: WCRO-2021-02186, dated September 21, 2021). If you are unable to implement any of the proposed measures, you must immediately notify this office, and the National Marine Fisheries Service so we may consult as appropriate, prior to initiating the work, in accordance with Federal law. To ensure your project complies with the Magnuson-Stevens Fishery and Consultation Act, you must implement all of the mitigating measures and Essential Fish Habitat Recommendations identified in the above NMFS document, including those ascribed to the Corps therein.

3. Within 60 days following completion of the authorized work or at the expiration of the construction window of this permit, whichever occurs first, you shall submit as-built drawings and a description of the work conducted on the project site to this office for review. The drawings shall include the following:
a. The Department of the Army Permit number.
b. A plan view drawing of the location of the authorized work footprint (as shown on the permit drawings) with an overlay of the work as constructed in the same scale as the attached permit drawings. The drawing should show all "earth disturbance," wetland impacts, structures, and the boundaries of any on-site and/or off-site mitigation or avoidance areas. The drawings shall contain, at a minimum, 1-foot topographic contours of the entire site.
c. Ground and aerial photographs of the completed work. The camera positions and view-angles of the ground photographs shall be identified on a map, aerial photograph, or project drawing.
d. A description and list of all minor deviations between the work as authorized by this permit and the work as constructed. Clearly indicate on the as-built drawings the location of any deviations that have been listed.

Within 30 days after completion of the authorized work, you must sign the enclosed Compliance Certification and return it to this office.
-3-
This verification is valid until March 14, 2026, when the existing NWPs are scheduled to be modified, reissued, or revoked. Furthermore, if you commence or are under contract to commence this activity before the date the NWP is modified, reissued, or revoked, you will have 12 months from the date of the modification, reissuance or revocation to complete the activity under the present terms and conditions. Failure to comply with the general and regional conditions of this NWP, or the project-specific special conditions of this authorization, may result in the suspension or revocation of your authorization.

We would appreciate your feedback on this permit action including your interaction with our staff and processes. For more information about our program or to complete our Regulatory Program national customer service survey, visit our website at www.spk.usace.army.mil/Missions/Regulatory.aspx.

Please refer to identification number SPK-2021-00402 in any correspondence concerning this project. If you have any questions, please contact Denielle Wise by email at [email protected], or telephone at (916) 557-7186.

Sincerely,
Kaitlyn A Pascus
Senior Project Manager
CA North Section
Enclosures
cc: (w/o encls)
Ms. Sue Bushnell-Bergfalk, ICF, [email protected].

Ms. Lyla Pirkola, National Marine Fisheries Service, [email protected].

Ms. Elizabeth Hodges, Office of Historic Preservation, [email protected].

Ms. Stephanie Tadlock, Central Valley Regional Water Quality Control Board, [email protected].

COMPLIANCE CERTIFICATION
Permit File Name: Cirby Creek Bank Repair
Action ID: SPK-2021-00402
Nationwide Permit Number: 13, Bank Stabilization
Permittee: City of Roseville Public Works
Attn: Mr. Rjahja Canlas
316 Vernon Street
Roseville, California 95678-2649
County: Placer County
Date of Verification: March 4, 2022
Within 30 days after completion of the activity authorized by this permit, sign this certification and return it to the following address:

U.S. Army Corps of Engineers
Sacramento District
1325 J Street,
Room 1350
Sacramento, California 95814-2922
[email protected]
Please note that your permitted activity is subject to a compliance inspection by a U.S.

Army Corps of Engineers representative. If you fail to comply with the terms and conditions of the permit your authorization may be suspended, modified, or revoked. If you have any questions about this certification, please contact the U.S. Army Corps of Engineers.
* * * * * * * * *
I hereby certify that the work authorized by the above-referenced permit, including all the required mitigation, was completed in accordance with the terms and conditions of the permit verification.

Permittee Signature Date

USACE IMPACTS MAP
4 5

CIRBY CREEK BANK REPAIR PROJECT NOT FOR

CONSTRUCTION
Enclosure 2

CIRBY CREEK EROSION REPAIR
FIGURE 3
Enclosure 
BUILDING STRONG®
U.S. ARMY CORPS OF ENGINEERS – SACRAMENTO DISTRICT
1325 J ST. – SACRAMENTO, CA 95814
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2021 Nationwide
Permit Summary
33 CFR Part 330; Issuance of Nationwide
Permits – February 25, 2022

33. Temporary Construction, Access, and Dewatering.

Temporary structures, work, and discharges of dredged or fill material, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites, provided that the associated primary activity is authorized by the Corps of Engineers or the U.S. Coast Guard. This NWP also authorizes temporary structures, work, and discharges of dredged or fill material, including cofferdams, necessary for construction activities not otherwise subject to the Corps or U.S.

Coast Guard permit requirements. Appropriate measures must be taken to maintain near normal downstream flows and to
minimize flooding. Fill must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. The use of dredged material may be allowed if the district engineer determines that it will not cause more than minimal adverse environmental effects. Following completion of construction, temporary fill must be entirely removed to an area that has no waters of the United States, dredged material must be returned to its original location, and the affected areas must be restored to pre-construction elevations. The affected areas must also be revegetated, as appropriate. This permit does not authorize the use of cofferdams to dewater wetlands or other aquatic areas to change their use. Structures left in place after construction is completed require a separate section 10 permit if located in navigable waters of the United States. (See 33 CFR part 322.) Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if the activity is conducted in navigable waters of the United States (i.e., section 10 waters) (see general condition 32).

The preconstruction notification must include a restoration plan showing how all temporary fills and structures will be removed and the area restored to preproject conditions. (Authorities:

Sections 10 and 404).

A. Regional Conditions

1. Regional Conditions for California

2. Regional Conditions for Nevada and Utah
B. Nationwide Permit General Conditions
Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer.

Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note
especially 33 CFR 330.5 relating to the modification,
suspension, or revocation of any NWP authorization.
 1. Navigation.
 (a) No activity may cause more than a minimal
adverse effect on navigation.
 (b) Any safety lights and signals prescribed by the
U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.
 (c) The permittee understands and agrees that, if
future operations by the United States require the
removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the
Secretary of the Army or his or her authorized
representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the
navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such
removal or alteration.
 2. Aquatic Life Movements. No activity may
substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and
constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements.
 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent
practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by
Enclosure 4
substantial turbidity) of an important spawning area are not authorized.
 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable.  5. Shellfish Beds. No activity may occur in areas of
concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.
 6. Suitable Material. No activity may use unsuitable
material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act).
 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization.
 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable.
 9. Management of Water Flows. To the maximum extent
practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).  10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local
floodplain management requirements.
 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance.
 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides.  13. Removal of Temporary Fills. Temporary structures
must be removed, to the maximum extent practicable, after their use has been discontinued. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as
appropriate.
 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization.
 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project.  16. Wild and Scenic Rivers.
 (a) No NWP activity may occur in a component of the
National Wild and Scenic River System, or in a river
officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status.
 (b) If a proposed NWP activity will occur in a
component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the permittee must submit a preconstruction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river.

Permittees shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status.  (c) Information on Wild and Scenic Rivers may be
obtained from the appropriate Federal land management
agency responsible for the designated Wild and Scenic
River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and
Wildlife Service). Information on these rivers is also
available at: https://www.rivers.gov/.
 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights.
 18. Endangered Species.
 (a) No activity is authorized under any NWP which
is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a
species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify
designated critical habitat or critical habitat proposed for such designation. No activity is authorized under any
NWP which “may affect” a listed species or critical
habitat, unless ESA section 7 consultation addressing the consequences of the proposed activity on listed species or critical habitat has been completed. See 50 CFR 402.02
for the definition of “effects of the action” for the
purposes of ESA section 7 consultation, as well as 50
CFR 402.17, which provides further explanation under
ESA section 7 regarding “activities that are reasonably certain to occur” and “consequences caused by the
proposed action.”
 (b) Federal agencies should follow their own
procedures for complying with the requirements of the
ESA (see 33 CFR 330.4(f)(1)). If pre-construction
notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted,
additional ESA section 7 consultation may be necessary
for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA.
 (c) Non-federal permittees must submit a preconstruction notification to the district engineer if any listed species (or species proposed for listing) or
designated critical habitat (or critical habitat proposed such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat or critical habitat proposed for such
designation, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is
authorized. For activities that might affect Federally-listed endangered or threatened species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation), the pre-construction
notification must include the name(s) of the endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or that utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affected by the
proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps’ determination within 45 days of receipt of a complete preconstruction notification. For activities where the nonFederal applicant has identified listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed
activity will have “no effect” on listed species (or species proposed for listing or designated critical habitat (or critical habitat proposed for such designation), or until ESA section 7 consultation or conference has been
completed. If the non-Federal applicant has not heard
back from the Corps within 45 days, the applicant must
still wait for notification from the Corps.
 (d) As a result of formal or informal consultation or conference with the FWS or NMFS the district engineer
may add species-specific permit conditions to the NWPs.  (e) Authorization of an activity by an NWP does not
authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a
Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species Act
prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take''
means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or
degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns,
including breeding, feeding or sheltering.
 (f) If the non-federal permittee has a valid ESA
section 10(a)(1)(B) incidental take permit with an
approved Habitat Conservation Plan for a project or a
group of projects that includes the proposed NWP
activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN
required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that
issued the ESA section 10(a)(1)(B) permit to determine
whether the proposed NWP activity and the associated
incidental take were considered in the internal ESA
section 7 consultation conducted for the ESA section
10(a)(1)(B) permit. If that coordination results in
concurrence from the agency that the proposed NWP
activity and the associated incidental take were
considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7
consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the
proposed NWP activity or whether additional ESA
section 7 consultation is required.
 (g) Information on the location of threatened and
endangered species and their critical habitat can be
obtained directly from the offices of the FWS and NMFS
or their world wide web pages at https://www.fws.gov/ or https://www.fws.gov/ipac/ and
https://www.fisheries.noaa.gov/topic/endangered-speciesconservation respectively.  19. Migratory Birds and Bald and Golden Eagles. The
permittee is responsible for ensuring that an action authorized by an NWP complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is
responsible for contacting the appropriate local office of the U.S.

Fish and Wildlife Service to determine what measures, if any, are necessary or appropriate to reduce adverse effects to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.
 20. Historic Properties.
 (a) No activity is authorized under any NWP which
may have the potential to cause effects to properties
listed, or eligible for listing, in the National Register of Historic Places until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.
 (b) Federal permittees should follow their own
procedures for complying with the requirements of
section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)(1)). If pre-construction notification is required for the proposed NWP activity, the Federal
permittee must provide the district engineer with the
appropriate documentation to demonstrate compliance
with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then
additional consultation under section 106 may be
necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106.  (c) Non-federal permittees must submit a preconstruction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the preconstruction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map
indicating the location of the historic properties or the potential for the presence of historic properties.

Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal
representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When
reviewing pre-construction notifications, district
engineers will comply with the current procedures for
addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall
make a reasonable and good faith effort to carry out
appropriate identification efforts commensurate with
potential impacts, which may include background
research, consultation, oral history interviews, sample field investigation, and/or field survey. Based on the
information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106
consultation is required when the district engineer
determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the
following effect determinations for the purposes of
section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect.
 (d) Where the non-Federal applicant has identified
historic properties on which the proposed NWP activity
might have the potential to cause effects and has so
notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. For non-federal permittees, the
district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is
required. If NHPA section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the
applicant must still wait for notification from the Corps.  (e) Prospective permittees should be aware that
section 110(k) of the NHPA (54 U.S.C. 306113) prevents
the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying
the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed
mitigation. This documentation must include any views
obtained from the applicant, SHPO/THPO, appropriate
Indian tribes if the undertaking occurs on or affects
historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties.
 21. Discovery of Previously Unknown Remains and
Artifacts. Permittees that discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by an NWP, they must immediately notify the district engineer of what they have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.
 22. Designated Critical Resource Waters. Critical
resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research
Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment.
 (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12,
14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, 52, 57 and 58 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters.
 (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed by permittees in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these
NWPs only after she or he determines that the impacts to the critical resource waters will be no more than minimal.  23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal:
 (a) The activity must be designed and constructed to
avoid and minimize adverse effects, both temporary and
permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site).  (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal.
 (c) Compensatory mitigation at a minimum one-forone ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction
notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse
environmental effects of the proposed activity are no
more than minimal, and provides an activity-specific
waiver of this requirement. For wetland losses of 1/10- acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental
effects.
 (d) Compensatory mitigation at a minimum one-forone ratio will be required for all losses of stream bed that exceed 3/100-acre and require pre-construction
notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse
environmental effects of the proposed activity are no
more than minimal, and provides an activity-specific
waiver of this requirement. This compensatory mitigation requirement may be satisfied through the restoration or enhancement of riparian areas next to streams in
accordance with paragraph (e) of this general condition.

For losses of stream bed of 3/100-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory
mitigation is required to ensure that the activity results in only minimal adverse environmental effects.

Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficultto-replace resources (see 33 CFR 332.3(e)(3)).  (e) Compensatory mitigation plans for NWP
activities in or near streams or other open waters will normally include a requirement for the restoration or
enhancement, maintenance, and legal protection (e.g.,
conservation easements) of riparian areas next to open
waters. In some cases, the restoration or
maintenance/protection of riparian areas may be the only compensatory mitigation required. If restoring riparian areas involves planting vegetation, only native species should be planted. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district
engineer may require slightly wider riparian areas to
address documented water quality or habitat loss
concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the
waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation
(e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are
determined to be the most appropriate form of
minimization or compensatory mitigation, the district
engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses.
 (f) Compensatory mitigation projects provided to
offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.
 (1) The prospective permittee is responsible for
proposing an appropriate compensatory mitigation
option if compensatory mitigation is necessary to
ensure that the activity results in no more than
minimal adverse environmental effects. For the
NWPs, the preferred mechanism for providing
compensatory mitigation is mitigation bank credits or
in-lieu fee program credits (see 33 CFR 332.3(b)(2)
and (3)). However, if an appropriate number and type
of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district
engineer, the district engineer may approve the use of
permittee-responsible mitigation.
 (2) The amount of compensatory mitigation
required by the district engineer must be sufficient to ensure that the authorized activity results in no more
than minimal individual and cumulative adverse
environmental effects (see 33 CFR 330.1(e)(3)). (See
also 33 CFR 332.3(f).)
 (3) Since the likelihood of success is greater and
the impacts to potentially valuable uplands are
reduced, aquatic resource restoration should be the
first compensatory mitigation option considered for
permittee-responsible mitigation.
 (4) If permittee-responsible mitigation is the
proposed option, the prospective permittee is
responsible for submitting a mitigation plan. A
conceptual or detailed mitigation plan may be used
by the district engineer to make the decision on the
NWP verification request, but a final mitigation plan
that addresses the applicable requirements of 33 CFR
332.4(c)(2) through (14) must be approved by the
district engineer before the permittee begins work in
waters of the United States, unless the district
engineer determines that prior approval of the final
mitigation plan is not practicable or not necessary to
ensure timely completion of the required
compensatory mitigation (see 33 CFR 332.3(k)(3)). If
permittee-responsible mitigation is the proposed
option, and the proposed compensatory mitigation
site is located on land in which another federal
agency holds an easement, the district engineer will
coordinate with that federal agency to determine if
proposed compensatory mitigation project is
compatible with the terms of the easement.
 (5) If mitigation bank or in-lieu fee program
credits are the proposed option, the mitigation plan
needs to address only the baseline conditions at the
impact site and the number of credits to be provided
(see 33 CFR 332.4(c)(1)(ii)).
 (6) Compensatory mitigation requirements (e.g.,
resource type and amount to be provided as
compensatory mitigation, site protection, ecological
performance standards, monitoring requirements)
may be addressed through conditions added to the
NWP authorization, instead of components of a
compensatory mitigation plan (see 33 CFR
332.4(c)(1)(ii)).
 (g) Compensatory mitigation will not be used to
increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage
limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory
mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can
and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact
requirement for the NWPs.
 (h) Permittees may propose the use of mitigation
banks, in-lieu fee programs, or permittee-responsible
mitigation. When developing a compensatory mitigation
proposal, the permittee must consider appropriate and
practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of
marine or estuarine resources, permittee-responsible
mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible
mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory
mitigation project, and, if required, its long-term
management.
 (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way,
mitigation may be required to reduce the adverse
environmental effects of the activity to the no more than minimal level.
 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state or federal, dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety.
 25. Water Quality.
 (a) Where the certifying authority (state, authorized tribe, or EPA, as appropriate) has not previously certified compliance of an NWP with CWA section 401, a CWA section 401 water quality certification for the proposed discharge must be obtained or waived (see 33 CFR 330.4(c)). If the permittee cannot comply with all of the conditions of a water quality certification previously issued by certifying authority for the issuance of the NWP, then the permittee must obtain a water quality certification or waiver for the proposed discharge in order for the activity to be authorized by an NWP.
 (b) If the NWP activity requires pre-construction
notification and the certifying authority has not previously certified compliance of an NWP with CWA section 401, the proposed discharge is not authorized by an NWP until water quality certification is obtained or waived. If the certifying authority issues a water quality certification for the proposed discharge, the permittee must submit a copy of the certification to the district engineer. The discharge is not authorized by an NWP until the district engineer has notified the permittee that the water quality certification requirement has been satisfied by the issuance of a water quality certification or a waiver.  (c) The district engineer or certifying authority may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality.
 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone
management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)).

If the permittee cannot comply with all of the conditions of a coastal zone management consistency concurrence previously issued by the state, then the permittee must obtain an individual coastal zone management consistency concurrence or
presumption of concurrence in order for the activity to be authorized by an NWP. The district engineer or a state may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements.  27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its CWA section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination.
 28. Use of Multiple Nationwide Permits. The use of
more than one NWP for a single and complete project is
authorized, subject to the following restrictions:
 (a) If only one of the NWPs used to authorize the
single and complete project has a specified acreage limit, the acreage loss of waters of the United States cannot exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1⁄3-acre.  (b) If one or more of the NWPs used to authorize the
single and complete project has specified acreage limits, the acreage loss of waters of the United States authorized by those NWPs cannot exceed their respective specified acreage limits.

For example, if a commercial development is constructed under NWP 39, and the single and complete project includes the filling of an upland ditch authorized by NWP 46, the maximum acreage loss of waters of the United States for the commercial
development under NWP 39 cannot exceed 1/2-acre, and the total acreage loss of waters of United States due to the NWP 39 and 46 activities cannot exceed 1 acre.
 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature:
“When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.”
_____________________________________________
(Transferee)
_____________________________________________
(Date)
 30. Compliance Certification. Each permittee who
receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer.

The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include:
 (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions;
 (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and  (c) The signature of the permittee certifying the
completion of the activity and mitigation.

The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later.
 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires review by, or permission from, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission and/or review is not authorized by an NWP until the appropriate Corps office issues the section 408 permission or completes its review to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification.
 32. Pre-Construction Notification.
 (a) Timing. Where required by the terms of the
NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification
(PCN) as early as possible. The district engineer must
determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information
necessary to make the PCN complete. The request must
specify the information needed to make the PCN
complete. As a general rule, district engineers will request additional information necessary to make the PCN
complete only once. However, if the prospective
permittee does not provide all of the requested
information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of
the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either:
 (1) He or she is notified in writing by the
district engineer that the activity may proceed under
the NWP with any special conditions imposed by the
district or division engineer; or
 (2) 45 calendar days have passed from the
district engineer’s receipt of the complete PCN and
the prospective permittee has not received written
notice from the district or division engineer.

However, if the permittee was required to notify the
Corps pursuant to general condition 18 that listed
species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps
pursuant to general condition 20 that the activity
might have the potential to cause effects to historic
properties, the permittee cannot begin the activity
until receiving written notification from the Corps
that there is “no effect” on listed species or “no
potential to cause effects” on historic properties, or
that any consultation required under Section 7 of the
Endangered Species Act (see 33 CFR 330.4(f))
and/or section 106 of the National Historic
Preservation Act (see 33 CFR 330.4(g)) has been
completed. If the proposed activity requires a written
waiver to exceed specified limits of an NWP, the
permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an
individual permit is required within 45 calendar days
of receipt of a complete PCN, the permittee cannot
begin the activity until an individual permit has been
obtained. Subsequently, the permittee’s right to
proceed under the NWP may be modified, suspended,
or revoked only in accordance with the procedure set
forth in 33 CFR 330.5(d)(2).
 (b) Contents of Pre-Construction Notification: The
PCN must be in writing and include the following
information:
 (1) Name, address and telephone numbers of
the prospective permittee;
 (2) Location of the proposed activity;
 (3) Identify the specific NWP or NWP(s) the
prospective permittee wants to use to authorize the
proposed activity;
 (4)
 (i) A description of the proposed activity;
the activity’s purpose; direct and indirect adverse
environmental effects the activity would cause,
including the anticipated amount of loss of wetlands,
other special aquatic sites, and other waters expected
to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of
any proposed mitigation measures intended to reduce
the adverse environmental effects caused by the
proposed activity; and any other NWP(s), regional
general permit(s), or individual permit(s) used or
intended to be used to authorize any part of the
proposed project or any related activity, including
other separate and distant crossings for linear projects that require Department of the Army authorization
but do not require pre-construction notification. The
description of the proposed activity and any proposed
mitigation measures should be sufficiently detailed to
allow the district engineer to determine that the
adverse environmental effects of the activity will be
no more than minimal and to determine the need for
compensatory mitigation or other mitigation
measures.
 (ii) For linear projects where one or more
single and complete crossings require preconstruction notification, the PCN must include the quantity of anticipated losses of wetlands, other
special aquatic sites, and other waters for each single and complete crossing of those wetlands, other
special aquatic sites, and other waters (including
those single and complete crossings authorized by an
NWP but do not require PCNs). This information
will be used by the district engineer to evaluate the
cumulative adverse environmental effects of the
proposed linear project, and does not change those
non-PCN NWP activities into NWP PCNs.
 (iii) Sketches should be provided when
necessary to show that the activity complies with the
terms of the NWP. (Sketches usually clarify the
activity and when provided results in a quicker
decision. Sketches should contain sufficient detail to
provide an illustrative description of the proposed
activity (e.g., a conceptual plan), but do not need to
be detailed engineering plans);
 (5) The PCN must include a delineation of
wetlands, other special aquatic sites, and other
waters, such as lakes and ponds, and perennial and
intermittent streams, on the project site. Wetland
delineations must be prepared in accordance with the
current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic
sites and other waters on the project site, but there
may be a delay if the Corps does the delineation,
especially if the project site is large or contains many wetlands, other special aquatic sites, and other
waters. Furthermore, the 45-day period will not start
until the delineation has been submitted to or
completed by the Corps, as appropriate;
 (6) If the proposed activity will result in the
loss of greater than 1/10-acre of wetlands or 3/100-
acre of stream bed and a PCN is required, the
prospective permittee must submit a statement
describing how the mitigation requirement will be
satisfied, or explaining why the adverse
environmental effects are no more than minimal and
why compensatory mitigation should not be required.

As an alternative, the prospective permittee may
submit a conceptual or detailed mitigation plan.
 (7) For non-federal permittees, if any listed
species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat (or critical habitat proposed for such designation), the PCN must include the name(s) of
those endangered or threatened species (or species
proposed for listing) that might be affected by the
proposed activity or utilize the designated critical
habitat (or critical habitat proposed for such
designation) that might be affected by the proposed
activity. For NWP activities that require preconstruction notification, Federal permittees must provide documentation demonstrating compliance
with the Endangered Species Act;
 (8) For non-federal permittees, if the NWP
activity might have the potential to cause effects to a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must
state which historic property might have the potential
to be affected by the proposed activity or include a
vicinity map indicating the location of the historic
property. For NWP activities that require preconstruction notification, Federal permittees must provide documentation demonstrating compliance
with section 106 of the National Historic Preservation
Act;
 (9) For an activity that will occur in a
component of the National Wild and Scenic River
System, or in a river officially designated by
Congress as a “study river” for possible inclusion in
the system while the river is in an official study
status, the PCN must identify the Wild and Scenic
River or the “study river” (see general condition 16);
and
 (10) For an NWP activity that requires
permission from, or review by, the Corps pursuant to
33 U.S.C. 408 because it will alter or temporarily or
permanently occupy or use a U.S. Army Corps of
Engineers federally authorized civil works project,
the pre-construction notification must include a
statement confirming that the project proponent has
submitted a written request for section 408
permission from, or review by, the Corps office
having jurisdiction over that USACE project.
 (c) Form of Pre-Construction Notification: The
nationwide permit pre-construction notification form
(Form ENG 6082) should be used for NWP PCNs. A
letter containing the required information may also be
used. Applicants may provide electronic files of PCNs
and supporting materials if the district engineer has
established tools and procedures for electronic submittals.  (d) Agency Coordination:
 (1) The district engineer will consider any
comments from Federal and state agencies
concerning the proposed activity’s compliance with
the terms and conditions of the NWPs and the need
for mitigation to reduce the activity’s adverse
environmental effects so that they are no more than
minimal.
 (2) Agency coordination is required for: (i) all
NWP activities that require pre-construction
notification and result in the loss of greater than 1/2- acre of waters of the United States; (ii) NWP 13
activities in excess of 500 linear feet, fills greater
than one cubic yard per running foot, or involve
discharges of dredged or fill material into special
aquatic sites; and (iii) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody
more than 30 feet from the mean low water line in
tidal waters or the ordinary high water mark in the
Great Lakes.
 (3) When agency coordination is required, the
district engineer will immediately provide (e.g., via
e-mail, facsimile transmission, overnight mail, or
other expeditious manner) a copy of the complete
PCN to the appropriate Federal or state offices (FWS,
state natural resource or water quality agency, EPA,
and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will have 10 calendar days
from the date the material is transmitted to notify the district engineer via telephone, facsimile
transmission, or e-mail that they intend to provide
substantive, site-specific comments. The comments
must explain why the agency believes the adverse
environmental effects will be more than minimal. If
so contacted by an agency, the district engineer will
wait an additional 15 calendar days before making a
decision on the pre-construction notification. The
district engineer will fully consider agency comments
received within the specified time frame concerning
the proposed activity’s compliance with the terms
and conditions of the NWPs, including the need for
mitigation to ensure that the net adverse
environmental effects of the proposed activity are no
more than minimal. The district engineer will provide
no response to the resource agency, except as
provided below. The district engineer will indicate in
the administrative record associated with each preconstruction notification that the resource agencies’ concerns were considered. For NWP 37, the
emergency watershed protection and rehabilitation
activity may proceed immediately in cases where
there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The
district engineer will consider any comments
received to decide whether the NWP 37 authorization
should be modified, suspended, or revoked in
accordance with the procedures at 33 CFR 330.5.
 (4) In cases of where the prospective permittee
is not a Federal agency, the district engineer will
provide a response to NMFS within 30 calendar days
of receipt of any Essential Fish Habitat conservation
recommendations, as required by section
305(b)(4)(B) of the Magnuson-Stevens Fishery
Conservation and Management Act.
 (5) Applicants are encouraged to provide the
Corps with either electronic files or multiple copies
of pre-construction notifications to expedite agency
coordination.

C. District Engineer’s Decision
 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the single and complete crossings of waters of the United States that require PCNs to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings of waters of the United States authorized by an NWP.

If an applicant requests a waiver of an applicable limit, as provided for in NWPs 13, 36, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects.
 2. When making minimal adverse environmental effects
determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by an NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add casespecific special conditions to the NWP authorization to address site-specific environmental concerns.
 3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands or 3/100-acre of stream bed, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose
compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters. The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary.

Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed
compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure that the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant.

The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activityspecific conditions added to the NWP authorization by the district engineer.
 4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal, then the district engineer will notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless additional time is required to comply with general conditions 18, 20, and/or 31), with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal.

When compensatory mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required
compensatory mitigation.

D. Further Information

1. District engineers have authority to determine if an activity complies with the terms and conditions of an NWP.

2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law.

3. NWPs do not grant any property rights or exclusive
privileges.

4. NWPs do not authorize any injury to the property or rights of others.

5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31).

E. Nationwide Permit Definitions
Best management practices (BMPs): Policies, practices,
procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or nonstructural.

Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved.

Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction.

Direct effects: Effects that are caused by the activity and occur at the same time and place.

Discharge: The term “discharge” means any discharge of
dredged or fill material into waters of the United States.

Ecological reference: A model used to plan and design an aquatic habitat and riparian area restoration, enhancement, or establishment activity under NWP 27. An ecological reference may be based on the structure, functions, and dynamics of an aquatic habitat type or a riparian area type that currently exists in the region where the proposed NWP 27 activity is located.

Alternatively, an ecological reference may be based on a conceptual model for the aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of the proposed NWP 27 activity. An ecological reference takes into account the range of variation of the aquatic habitat type or riparian area type in the region.

Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).

Enhancement results in the gain of selected aquatic resource function(s) but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area.

Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site.

Establishment results in a gain in aquatic resource area.

High Tide Line: The line of intersection of the land with the water’s surface at the maximum height reached by a rising tide.

The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm.

Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60).

Independent utility: A test to determine what constitutes a single and complete non-linear project in the Corps Regulatory Program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility.

Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility.

Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance but are still reasonably foreseeable.

Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. The loss of stream bed includes the acres of stream bed that are permanently adversely affected by filling or excavation because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters or wetlands for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre-construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities that do not require Department of the Army authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the United States.

Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR part 329.

Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line).

Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high-water mark can be determined. Aquatic vegetation within the area of flowing or standing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of “open waters” include rivers, streams, lakes, and ponds.

Ordinary High Water Mark: The term ordinary high water
mark means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.

Perennial stream: A perennial stream has surface water flowing continuously year-round during a typical year.

Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.

Pre-construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre-construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction notification may be voluntarily submitted in cases where pre-construction
notification is not required, and the project proponent wants confirmation that the activity is authorized by nationwide permit.

Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions.

Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Reestablishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions.

Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource.

Rehabilitation results in a gain in aquatic resource function but does not result in a gain in aquatic resource area.

Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: reestablishment and rehabilitation.

Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools.

Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine-marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, nonwetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23).

Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat.

Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term “single and complete project” is defined as that portion of the total linear project proposed or accomplished by one owner/developer or
partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization.

However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately.

Single and complete non-linear project: For non-linear
projects, the term “single and complete project” is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility (see definition of “independent utility”). Single and complete non-linear projects may not be “piecemealed” to avoid the limits in an NWP authorization.

Stormwater management: Stormwater management is the
mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment.

Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff.

Stream bed: The substrate of the stream channel between the ordinary high-water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders.

Wetlands contiguous to the stream bed, but outside of the ordinary high-water marks, are not considered part of the stream bed.

Stream channelization: The manipulation of a stream’s course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized
jurisdictional stream remains a water of the United States.

Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction.

Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the
gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channel ward of the high tide line.

Tribal lands: Any lands title to which is either: 1) held in trust by the United States for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation.

Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable remedies.

Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems.

Waterbody: For purposes of the NWPs, a waterbody is a “water of the United States.” If a wetland is adjacent to a waterbody determined to be a water of the United States, that waterbody and any adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)).

DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT
1325 J STREET
SACRAMENTO CA 95814-2922
March 31, 2022
Regulatory Division (SPK-2021-00402)
Ms. Julianne Polanco
State Historic Preservation Officer
California State Department of Parks and Recreation
1725 23rd Street Suite 100
Sacramento, California 95816-7100
[email protected]
Dear Ms. Polanco:

We are responding to your October 20, 2021, letter (enclosed) which provided review and comments on the Corps’ determination of eligibility and effect that issuing a permit (Undertaking) would have on cultural resources within the Area of Potential Effects (APE) for the Cirby Creek Bank Repair project. The approximately 0.31-acre project site is located along Cirby Creek, to the south of Juanita Way, and to the southwest of Machado Lane, Latitude 38.73331°, Longitude -121.22672°, in Roseville, Placer County, California.

In your letter you provided the following comment on the Crops’ determination of effect:
“The COE has concluded that issuing a permit would have no adverse effect on historic properties and has requested review and comment on their finding of effect for the proposed undertaking. It is my understanding that no prehistoric or historic cultural resources were found within the APE, a finding of no historic properties affected might be more appropriate. If there is an historic property in the APE which will not be adversely affected, please provide further details and continue to consult. Should the COE reassess their finding of effect, please issue a letter stating such. I would not object to a finding of no historic properties affected, pursuant to 36 CFR § 800.4(d)(1).” The Corps has reassessed the determination of effect the proposed undertaking would have on cultural resources within the project’s APE. Because there are no prehistoric or historic cultural resources located within the APE, we have determined that issuing a permit would have no effect (i.e., no historic properties affected) on historic properties. In your letter referenced above, you stated you would not object to a finding of no historic properties affected. Therefore, we are considering consultation complete.
-2-
Please refer to identification number SPK-2021-00402 in any correspondence concerning this project. If you have any questions, please contact Denielle Wise, by email at [email protected], or telephone at (916) 557-7186. For more information regarding our program, please visit our website at www.spk.usace.army.mil/Missions/Regulatory.aspx.

Sincerely,
Kaitlyn A Pascus
Senior Project Manager
CA North Section
Enclosure
cc: (w/o encls)
Mr. Rjahja Canlas, City of Roseville Public Works, [email protected].

Ms. Sue Bushnell-Bergfalk, ICF, [email protected].

COUNCIL COMMUNICATION
CC #: 2094
File #: 0203-06
Title: Computers and Technology Equipment - Purchase Orders Contact: Traci Bringgold 916-774-5159 [email protected] Meeting Date: 6/1/2022
Item #: 7.5.

RECOMMENDATION TO COUNCIL
Staff recommends City Council approve purchase orders with CDW Technologies LLC for computers, technology equipment and software using Sourcewell CDW-G Technology Catalog Solutions #08149-CDW and Omnia Contract R210401 for the Region 4 Education Service Center.

BACKGROUND
The Information Technology department (IT) maintains over 1,900 computers, 700 mobile phones and iPads, 350 servers, 250 terabytes of data storage and 185 network switches across the City to support important business functions. Regular and prompt replacement of aging computers and technology equipment is critical to ensure the effective and efficient operation of City business.

Staff recommends utilizing the Sourcewell CDW-G Technology Catalog Solutions #08149-CDW and Omnia Contract #R210401 competitively bid contracts to obtain the best pricing available for the City.

FISCAL IMPACT
The total estimated cost for FY2022-23 is $750,000 and funding is included in the proposed FY2022-23 Information Technology Department budget and other departmental budgets.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines §15061(b)(3)). Computer and technology purchases do not include the potential for a significant environmental effect, and therefore are not subject to CEQA.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal E - Deliver exceptional city services
Respectfully Submitted,
Traci Bringgold, Client Service Supervisor
Hong Sae, Chief Information Officer
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description

COUNCIL COMMUNICATION
CC #: 2092
File #: 0203-03
Title: Aqueous Ammonia (BACC 03-2021) - Contract Purchase Agreement Contact: Becky Philipp 916-774-5724 [email protected] Meeting Date: 6/1/2022
Item #: 7.6.

RECOMMENDATION TO COUNCIL
Staff recommends Council adopt a resolution to approve a contract purchase agreement (3001862) with Hill Brothers Chemical Company as the lowest responsive bidder for Bay Area Chemical Consortium (BACC) Bid No. 03-2021 for the supply and delivery of aqueous ammonia for the Roseville Energy Park, and authorize the City Manager to execute it on behalf of the City of Roseville. The bid allowed for three optional renewal years at one-year intervals. Staff requests authorization to continue utilizing the remaining optional renewal years of the bid contract without further Council approvals until the contract expires or until City staff determines that continuing with the same vendor is not in the City's best interest. This will be the first of the three optional renewal years.

BACKGROUND
The Roseville Energy Park has an ongoing requirement for aqueous ammonia (ammonium hydroxide). The chemical is used in the selective catalytic reduction (SCR) air pollution control system to reduce emissions of nitrous oxide. This chemical will be purchased as needed throughout the year.

In March 2021, the City participated in a regional chemical bid led by the Bay Area Chemical Consortium (BACC), with the Bay Area Clean Water Agency serving as the coordinating agency.

BACC is comprised of water and wastewater agencies in the Northern California area, working together to purchase chemicals by combining bid solicitations. BACC is an informal cooperative that advertises and opens sealed competitive bids and then prepares bid recommendations.

Combined bid solicitations offer vendors an opportunity to sell greater quantities of their products.

Because more than 50 public agencies are now participating, significant savings for chemical purchases are being passed along to the agencies’ water and wastewater customers.

The bid was awarded in March 2021 and allowed for optional renewal years, with this being the first of the three renewals of this contract. The services provided have been satisfactory and in accordance with the terms and conditions of the bid.

The original contract purchase agreement in 2021 did not require City Council approval because the amount was under the bid limit, however, due to price increases from supply chain issues, that amount has surpassed the bid limit and now requires Council approval.

FISCAL IMPACT
The annual cost is $200,000. Funding is included in the Electric Department's proposed FY2022- 23 Electric Fund budget. Projected spending for the remaining optional renewal years is as follows: FY2023-24, $210,000; FY2024-25, $221,000.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines §15061(b)(3)). The hauling and delivery of hazardous substances is regulated by the state.

Hazardous material transport consistent with applicable safety regulations should not result in a significant environmental effect. Therefore, the proposed Service Agreement does not include the potential for significant environmental effect and is not subject to CEQA.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal C - Maintain a safe and healthy community
Respectfully Submitted,
Becky Philipp, Buyer
Dennis Kauffman, Assistant City Manager/Chief Financial Officer _____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 22-182
3001862 Hill Brothers Chemical Company

RESOLUTION NO. 22-182

APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY

OF ROSEVILLE AND HILL BROTHERS CHEMICAL COMPANY, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE WHEREAS, a contract purchase agreement (3001862) for the supply and delivery of aqueous ammonia for the Roseville Energy Park, between the City of Roseville and Hill Brothers Chemical Company, has been reviewed by the Council; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is approved and the City Manager is authorized to execute it and all other related documents on behalf of the City of Roseville.

BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute two (2) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.

PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2022, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk

COUNCIL COMMUNICATION
CC #: 2097
File #: 0203-03
Title: Ferric Chloride (BACC 06-2022) – Contract Purchase Agreement Contact: Becky Philipp 916-774-5724 [email protected] Meeting Date: 6/1/2022
Item #: 7.7.

RECOMMENDATION TO COUNCIL
Staff recommends the City Council adopt a resolution to approve a contract purchase agreement (3001884) with Kemira Water Solutions as the lowest responsive bidder for Bay Area Chemical Consortium (BACC) Bid No. 06-2022 for the supply and delivery of Ferric Chloride for the Dry Creek Wastewater Treatment Plant, and authorize the City Manager to execute it on behalf of the City of Roseville. Staff further requests authorization to continue utilizing the remaining optional renewal years of the bid contract without further Council approvals until the contract expires or until City staff determines that continuing with the same vendor is not in the City's best interest.

BACKGROUND
The Environmental Utilities Department’s Dry Creek Wastewater Treatment Plant has an ongoing requirement for ferric chloride which is used to treat digesting sludge to reduce the amount of hydrogen sulfide gas produced during the digestion process. This chemical will be purchased as needed throughout the year.

In February 2022, the City participated in a regional chemical bid led by the Bay Area Chemical Consortium (BACC), with the Bay Area Clean Water Agency serving as the coordinating agency.

BACC is comprised of water and wastewater agencies in the Northern California area, working together to purchase chemicals by combining bid solicitations. BACC is an informal cooperative that advertises and opens sealed competitive bids and then prepares bid recommendations.

Combined bid solicitations offer vendors an opportunity to sell greater quantities of their products.

Because more than 50 public agencies are now participating, significant savings for chemical purchases are being passed along to the agencies’ water and wastewater customers.

FISCAL IMPACT
The annual cost is $124,800. Funding is included in the Environmental Utilities Department's proposed FY2022-23 budget. Projected spending for the optional renewal years is as follows:

FY2023-24, $131,000; FY2024-25, $138,000; FY2025-26, $145,000.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines §15061(b)(3)). The hauling and delivery of hazardous substances is regulated by the state.

Hazardous material transport consistent with applicable safety regulations should not result in a significant environmental effect. Therefore, the proposed Service Agreement does not include the potential for significant environmental effect and is not subject to CEQA.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal C - Maintain a safe and healthy community
Respectfully Submitted,
Becky Philipp, Buyer
Dennis Kauffman, Assistant City Manager/Chief Financial Officer _____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 22-185
3001884 Kemira Water Solutions with Delegation
RESOLUTION NO. 22-185

APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY

OF ROSEVILLE AND KEMIRA WATER SOLUTIONS, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE WHEREAS, a contract purchase agreement (3001884) for the supply and delivery of Ferric Chloride for the Dry Creek Wastewater Treatment Plant, between the City of Roseville and Kemira Water Solutions, has been reviewed by the Council; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is approved and the City Manager is authorized to execute it and all other related documents on behalf of the City of Roseville.

BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute three (3) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.

PASSED AND ADOPTED by the Council of the City ofRoseville this day of , 2022, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk

COUNCIL COMMUNICATION
CC #: 2101
File #: 0206-03-01 & 0400-09-01
Title:

Creekview Community Facilities District No. 1 - Improvement Area No. 2 Annexation - Resolution of Intention to Annex Territory
Contact: Jeannine Thrash 916-774-5473 [email protected] Dennis Kauffman 916-774-5313 [email protected]
Meeting Date: 6/1/2022
Item #: 7.8.

RECOMMENDATION TO COUNCIL
Staff recommends that Council adopt a Resolution of Intention to Annex Territory to Creekview Community Facilities District No. 1 (Public Facilities) and to Authorize the Levy of Special Taxes Therein. Staff also recommends that Council set Wednesday July 6, 2022 at 6:00 p.m. in the Roseville City Council Chambers at 311 Vernon Street, Roseville, California as the time and place to conduct a public hearing on the annexation.

BACKGROUND
Creekview Community Facilities District (CFD) No. 1 (Public Facilities) was formed November 6, 2019 with Resolution 19-456. A future Annexation Area was established at that time.

At the developer's request, an area being designated "Improvement Area No. 2" is being annexed into the CFD, leaving the remaining annexation areas for future development. Improvement Area No. 2 includes Phase 3 and 4 of the Project and includes a total of 729 residential lots. The Phase 5 annexation is not yet determined and could annex into Improvement Area No. 2, or be its own improvement area in the future.

FISCAL IMPACT
The CFD generates special taxes that will be paid by the property owners sufficient to pay the costs of the debt service, CFD administration, and any authorized pay-as-you-go facilities, as well as provide funding in the future for maintenance/replacement of constructed facilities. The annexation will not impact the City's General Fund.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Adoption of the resolution meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Jeannine Thrash, Management Analyst
Dennis Kauffman, Assistant City Manager/Chief Financial Officer _____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 22-186
1 CITY COUNCIL OF THE CITY OF ROSEVILLE
RESOLUTION NO. 22-186

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE OF

INTENTION TO ANNEX TERRITORY TO CREEKVIEW COMMUNITY FACILITIES DISTRICT NO. 1 (PUBLIC FACILITIES) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES

THEREIN
RESOLVED by the City Council (the “Council”) of the City of Roseville (the “City”), County of Placer, State of California, that:

WHEREAS, this Council has conducted proceedings to establish Creekview Community Facilities District No. 1 (Public Facilities) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code and formed the CFD pursuant to Resolution No. 19-456 adopted on November 6, 2019 (the “Resolution of Formation”) and thereby also established a Future Annexation Area for the CFD (the “Future Annexation Area”); and
WHEREAS, the Resolution of Formation provides that annexations into the CFD from land within the Future Annexation Area may be made by unanimous consent of the landowner without Council action, provided however, if a maximum special tax amount for an Improvement Area to be newly established is greater than 120% of the maximum amount applicable in Improvement Area No. 1 of the CFD, Council action shall be required to establish such Improvement Area and differing Rate and Method; and
WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to establish Improvement Area No. 2 within the CFD and provide for a Rate and Method applicable to Improvement Area No. 2.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEVILLE RESOLVES AS FOLLOWS:

1. Findings. This Council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.

2. Territory Described. The name of the existing CFD is “City of Roseville Creekview Community Facilities District No. 1.” The territory included in the existing CFD is set forth in the map of the CFD heretofore recorded in the Placer County Recorder’s Office on October 11, 2019 in Book 3 at Page 89, as Document No. 2019-0079578 of Maps of Assessment and Community Facilities Districts, to which map reference is hereby made.

The territory now proposed to be annexed to the CFD is as shown on the Annexation Map for the annexation of Improvement Area No. 2 to the CFD, on file with the Clerk, the boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to cause to be recorded such Annexation Map, showing the territory to be annexed, in the office of the County Recorder of the County of Placer within fifteen days of the date of adoption of this resolution. -2-

3. The Facilities and Services. The types of public facilities and services financed by the CFD and pursuant to the Act consist of those municipal facilities and services (the “Facilities and Services”) as described in Exhibit B to Resolution of Formation. It is presently intended that the Facilities and Services will be provided, without preference or priority, to the existing territory in the CFD and the territory proposed to be annexed to the CFD.

4. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Facilities and Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes.

The special tax proposed to pay for Services component to be supplied within the territory proposed to be annexed will be equal to the special taxes levied to pay for the same Services in the CFD, except that a higher or lower tax may be levied within the territory proposed to be annexed or to be annexed in the future to the extent that the actual cost of providing the Services in that territory is higher or lower than the cost of providing those Services in the CFD.

The existing rate and method of apportionment of special tax (the “Existing Rate and Method”) among the parcels of real property within the existing territory of the CFD, as described in Exhibit B to the Resolution of Formation, will be altered as described in Rate, Method of Apportionment, and Manner of Collection of Special Tax for Improvement Area No. 2 (“IA2 RMA”), which is attached to this Resolution as Exhibit A.

The proposed rate and method of apportionment of the special tax among the parcels of real property within Improvement Area No. 2 of the CFD for the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, are described in the IA2 RMA.

5. Hearing. Wednesday, July 6, 2022 at 6:00 p.m. or as soon as possible thereafter, in the Civic Center, Council Chambers, 311 Vernon Street, Roseville, CA 95678, be, and the same are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the matters described in this Resolution.

6. Notice. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD, including the area to be annexed to the CFD. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. The City Clerk may also cause a copy of such notice and a copy of this Resolution to be mailed to each landowner (and to each registered voter, if any) within the territory proposed to be annexed, which notice and resolution shall be mailed at least fifteen days before the date of said hearing. Such notice shall be substantially in the form specified in Section 53339.4 of the Act, with a summary form specifically authorized.

7. Effective Date. This Resolution shall take effect upon its adoption. * * * * * *
-3-
The foregoing Resolution was adopted by the City Council of the City of Roseville on the day of , 2022, on the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Mayor
ATTEST:

City Clerk
Economic & Planning Systems, Inc. (EPS) A-1

EXHIBIT A
City of Roseville
Creekview Community Facilities District No. 1—
Improvement Area No. 2
(Public Facilities)
Placer County, California

RATE, METHOD OF APPORTIONMENT, AND

MANNER OF COLLECTION OF SPECIAL TAX
1 . Bas i s of Spec ial Tax Levy
A Special Tax authorized under the Mello-Roos Community Facilities Act of 1982 (Act) applicable to the land in Creekview Community Facilities District No. 1—Improvement Area No. 2 (Public Facilities) (CFD) of the City of Roseville (City) shall be levied and collected according to the tax liability determined by the City through the application of the appropriate amount or rate, as described below.
2 . Definitions
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map or other Development Plan. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, Sections 53311 and following of the California Government Code. “Administrative Expenses” means the actual or reasonably estimated costs related to the administration of Improvement Area No. 2, including, but not limited to, these for Improvement Area No. 2:
a. Costs of computing Special Taxes and preparing annual Special Tax collection schedules (whether by the City or any designee thereof or both). b. Costs of collecting the Special Taxes (whether by the County, the City, or otherwise). c. Costs of remitting the Special Taxes to the Trustee. d. Costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Bond Indenture.
e. Costs to the City, CFD, or any designee thereof, of complying with arbitrage rebate requirements.

Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-2
f. Costs to the City, CFD, or any designee thereof, of complying with City, CFD, or obligated persons disclosure requirements.
g. Costs associated with preparing Special Tax disclosure statements. h. Costs incurred in responding to public inquiries regarding the Special Taxes. i. Costs to the City, CFD, or designee thereof related to any appeal of the Special Taxes. j. Costs associated with the release of funds from an escrow account, if any. k. Costs to the City for the issuance of Bonds authorized by the CFD that are not recovered through the Bond sale proceeds.
l. Amounts estimated to be advanced or already advanced by the City for any other administrative purposes, including attorney’s fees and other costs related to collection of the Special Taxes and commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means a City official in the Finance Department, or their designee responsible for determining or overseeing the levy and collection of the Special Taxes. “Affordable Housing Director” means, at any point in time, the person in the City who serves as head of the department that is in charge of the City’s affordable housing program.
“Affordable Unit” means a Unit built on a Residential Use Parcel for which an Affordable Unit agreement has been entered into for the property designating the Unit as affordable.

A Multifamily Parcel may have only a portion of the Units assigned as Affordable Units.

The City Manager, or his or her designee, shall determine which Units are designated as Affordable Units and maintain an Affordable Unit listing, which shall contain all designated buildable parcels by tract and lot number, and in the case of Large Lot Parcels remaining before May 1 of the preceding Fiscal Year, the number of designated Affordable Units for each such Large Lot Parcel; all entries shall indicate the effective date of designation.

The Affordable Unit listing also shall be updated to reflect those Units no longer qualifying as Affordable Units, also known as Market-Rate Units. The Affordable Unit listing, which shall contain all qualifying Affordable Units as of April 30, shall be made available to the Administrator by July 1 of each year for purposes of determining the Maximum Annual Special Tax for Parcels pursuant to Section 4.
“Annexation Parcels” means a Parcel or Parcels annexed to the CFD after formation.

Parcels annexed into the CFD after formation may be placed into a new Improvement Area or included in Improvement Area No. 1 or No. 2. The Maximum Annual Special Tax will be assigned to Parcels in the Future Annexation Area using the provisions of Section 4. Annexation Parcels may be assigned a different Maximum Annual Special Tax Rate or Maximum Annual Special Tax per Parcel using a methodology different from the other Parcels in the CFD and shall be placed in an area designated as a separate zone or improvement area of the CFD, all of which shall be set forth in revised attachments hereto as needed, without further CFD proceedings.

Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-3
“Annual Facilities Costs” means, for any Fiscal Year, the total of these for Improvement Area No. 2:
a. Debt Service to be paid from Facilities Special Taxes. b. The amount needed to replenish the reserve fund for the Bonds to the level required under the Bond Indenture, to the extent not included in a computation of Annual Facilities Costs in a previous Fiscal Year.
c. Administrative Expenses for such Fiscal Year.
d. The amount needed to (1) cure any delinquencies in the payment of principal or interest on Bonds, which have occurred in the prior Fiscal Year, to the extent not otherwise included in a computation of Annual Facilities Costs in the current or any previous Fiscal Year, and (2) to fund any foreseeable deficiency of the amount to be available for the payment of principal or interest on Bonds, which are expected to occur in such Fiscal Year, to the extent not included in a computation of Annual Facilities Costs in the current or any previous Fiscal Year. e. The amount needed to (1) cure any delinquencies in the payment of the Facilities Special Tax in the prior Fiscal Year, to the extent not otherwise included in a computation of Annual Facilities Costs in the current or any previous Fiscal Year, and (2) to fund any foreseeable deficiency in the payment of the Facilities Special Tax for that Fiscal Year which is expected to occur in such Fiscal Year, to the extent not included in a computation of Annual Facilities Costs in the current or any previous Fiscal Year.
f. Authorized Pay-As-You-Go Costs.
g. During the Deferral Bonding Period, the amount needed to pay Development Impact Fee Deferrals not financed by Bonds.
h. Less any available earnings on any reserve fund or Facilities Special Tax funds, available capitalized interest or any other available revenues of the CFD or the City that may be used to fund Annual Facilities Costs.
“Annual Maintenance Costs” means, for any Fiscal Year, the total of these for Improvement Area No. 2:
a. Authorized Services costs to be paid from Maintenance Special Taxes. b. Administrative Expenses for such Fiscal Year.
c. The amount needed to (1) cure any delinquencies in the payment of the Maintenance Special Tax in the prior Fiscal Year, to the extent not otherwise included in a computation of Annual Maintenance Costs in the current or any previous Fiscal Year, and (2) to fund any foreseeable deficiency in the payment of the Maintenance Special Tax for that Fiscal Year which is expected to occur in such Fiscal Year, to the extent not included in a computation of Annual Maintenance Costs in the current or any previous Fiscal Year.

Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-4
d. Less any available earnings on any reserve fund, Maintenance Special Tax funds or any other available revenues of the CFD or the City that may be used to fund Annual Maintenance Costs.
“Assessor’s Parcel” means a lot or Parcel with an assigned Assessor’s Parcel Number in the maps used by the County Assessor in preparing the tax roll. “Assessor’s Parcel Map” means an official map of the County Assessor designating Parcels by Assessor’s Parcel Number.
“Assessor's Parcel Number” means the Parcel and Parcel Number as assigned by the County Assessor on the equalized tax roll.
“Assigned Maximum Annual Special Tax” means the maximum Facilities Special Tax or Maintenance Special Tax assigned to each Large Lot Parcel that is an Original Parcel based on the Expected Land Uses at CFD formation, or at annexation, as shown in Attachment 1.
“Authorized Facilities” means those facilities and fees to be financed, as identified in the resolution forming the CFD.
“Authorized Services” means those services authorized to be funded, as defined in the resolution forming the CFD.
“Base Year” means the Fiscal Year beginning July 1, 2021, and ending June 30, 2022. “Bond(s)” means any bond(s) issued by the City for the CFD under the Act and any other debt, as defined in the Act, the City incurs to further the CFD’s purposes. “Bond Indenture(s)” means the indenture(s), resolution(s), fiscal agent agreement(s), or other financing document(s) pursuant to which any Bonds are issued. “Building Permit” means a permit issued by the City for the construction of a Residential Use or Nonresidential Use structure.
“Business Professional” means a Parcel or Parcels zoned to provide for office uses and other uses that are related to and supportive of office uses. “CFD” means Creekview Community Facilities District No. 1 (Public Facilities) of the City of Roseville, Placer County, California, including all Improvement Areas therein. “Chief Financial Officer” or “CFO” means the Chief Financial Officer of the City, or his/her designee.
“City” means the City of Roseville in Placer County, California. “Council” means the City Council of the City acting for the CFD under the Act. “County” means the County of Placer, California.
“Debt Service” means the total annual amount of Bond principal, interest, and the scheduled sinking fund payments of the Bonds in a calendar year.

Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-5
“Deferral Bonding Period” means the period after the Initial Bonding Period has ended and during which the City finances the Development Impact Fee Deferral. Each Improvement Area of the CFD will have its own Deferral Bonding Period. “Developed Parcel” means, in any Fiscal Year:
a. For Single-Family Parcels: All Parcels for which a Final Small Lot Subdivision Map was recorded before May 1 of the preceding Fiscal Year.
b. For Multifamily Parcels: All Parcels for which a Building Permit for new construction of a Residential Use structure was issued before May 1 of the preceding Fiscal Year. c. For all Nonresidential Use Parcels: All Parcels for which a Building Permit for new construction of a Nonresidential Use structure was issued before May 1 of the preceding Fiscal Year.

Once a Parcel is defined as a Developed Parcel it shall remain as a Developed Parcel. “Development Agreement” means the Development Agreement By and Between the City of Roseville and Granite Bay Development II, LLC, Phillips Road 160 Investors Limited Partnership, Phillip Road Land, LLC, J & KD Enterprises, LLC, Soule Investments, LLC, Bennet West Roseville, LLC, Decou West Roseville, LLC, Blue Oaks – Roseville, LP, and Chuang relative to the Creekview Specific Plan dated November 28, 2012, and assigned to Anthem United Developments, LP on May 24, 2019, or as may be amended from time to time.
“Development Impact Fee Deferral” means the deferred payment of development impact fees due to the City or the South Placer Regional Transportation Authority (SPRTA) for Developed Parcels, using the approach and amounts identified in the Development Agreement, which may be amended from time to time. “Development Plan” means a condominium plan, apartment plan, site plan, or other development plan that identifies such information as the type of structure, acreage, square footage, or number of Units that are approved to be developed on Single-Family Parcels, Multifamily Parcels, and Nonresidential Parcels. “Expected Land Use(s)” means, for each Improvement Area, the total number of Units or Acres of each land use type by Tax Category expected in each Large Lot Parcel and Original Parcel at CFD formation as identified in Attachment 3 of this RMA, or as to Annexation Parcels, the total number of Units or Acres of each land use type by Tax Category expected in each Large Lot Parcel and Original Parcel at the time of annexation as identified in a subsequent attachment to RMA.
“Facilities Special Tax” means the Special Tax authorized to fund Annual Facilities Cost.

Facilities Special Taxes are shown in Attachments 2 and 3, or as to Annexation Parcels, as shown in a subsequent attachment to the RMA.
“Final Use Small Lot Parcel” means a Parcel designated for development as a singlefamily residence, which is part of a Final Small Lot Subdivision Map.

Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-6
“Final Small Lot Subdivision Map” means a recorded map designating the final Parcel subdivision for individual Single-Family Parcels.
“First Bond Sale” means issuance of the first series of Bonds secured, in whole or in part, by Facilities Special Taxes levied and collected from Parcels in the CFD. “Fiscal Year” means the period starting July 1 and ending the following June 30. “Full Prepayment” means the fulfillment of a Parcel’s Facilities Special Tax obligation, as determined by following the procedures in Section 8.
“High Density Residential” means, per the Creekview Specific Plan, a land use designation that primarily accommodates attached housing, but depending on the unit type, could also include detached housing, within the density range of 13.0 or greater dwelling units per gross developable acre. Typical housing product types include, but shall not be limited to, detached townhomes, courtyard townhomes/condominiums, garden-style apartments, and podium design apartments/condominiums. “Improvement Area” means an area within the CFD with its own distinct geographic area in which the provisions of this RMA shall apply. If there are more than one Improvement Areas, each Improvement Area shall have its own distinct number that is different from any other Improvement Area.
“Improvement Area No. 2” means the area designated as such on Map 1. “Initial Bonding Period” means the period in which Bonds are outstanding which financed Authorized Facilities costs or refunded prior Bonds other than the Development Impact Fee Deferral. Each Improvement Area of the CFD will have its own Initial Bonding Period.
“Large Lot Parcel” means a Parcel created by a Large Lot Subdivision Map. “Large Lot Subdivision Map” means a recorded subdivision map creating Parcels by land use. However, the Large Lot Subdivision Map does not delineate Final Use Small Lot Parcels. A Final Small Lot Subdivision Map will create individual Single-Family Parcels. “Low Density Residential” means, per the Creekview Specific Plan, a land use designation that supports single-family detached homes on conventional lots within the density range of up to 6.9 dwelling units per gross developable acre. Typical housing product types include, but shall not be limited to, standard, alley-loaded, or clustered, single-family detached units.
“Maintenance Special Tax” means the Special Tax authorized to fund Annual Maintenance Costs. The Maintenance Special Tax will be levied and collected beginning with the Transition Year. Maintenance Special Taxes are shown in Attachment 4. “Market-Rate Unit” means a Unit that is not an Affordable Unit. “Maximum Annual Special Tax” means the greatest amount of Facilities Special Tax or Maintenance Special Tax that can be levied against a Parcel in a given Fiscal Year, as shown in Attachments 2, 3, and 4.

Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-7
“Maximum Annual Facilities Special Tax” means the greatest amount of Facilities Special Tax that can be levied against a Parcel in a given Fiscal Year, as shown in Attachments 2, 3, or 4.
“Maximum Annual Maintenance Special Tax” means the greatest amount of Maintenance Special Tax that can be levied against a Parcel in a given Fiscal Year, as shown in Attachments 2, 3, or 4.
“Maximum Annual Special Tax Rate” means the maximum rate of Facilities Special Tax or Maintenance Special Tax charged per Unit or per Taxable Acre each Fiscal Year, as shown in Attachments 2, 3, and 4, as subsequently escalated by the Tax Escalation Factor.
“Maximum Annual Facilities Special Tax Revenue” means the greatest amount of Facilities Special Tax revenue that can be collected in total from a group of Parcels (such as Developed Parcels) by levying the Maximum Annual Facilities Special Tax. “Maximum Annual Maintenance Special Tax Revenue” means the greatest amount of Maintenance Special Tax revenue that can be collected in total from a group of Parcels (such as Developed Parcels) by levying the Maximum Annual Maintenance Special Tax. “Maximum Annual CFD Special Tax Revenue” means the sum of the Maximum Annual Special Tax levied on all Taxable Parcels in the CFD in a Fiscal Year. “Medium Density Residential” means, per the Creekview Specific Plan, a land use designation that accommodates both single-family detached homes and attached homes within the density range of 7.0 to 12.9 dwelling units per gross developable acre. Typical housing product types include, but shall not be limited to, standard or alley-loaded lots, courtyard lots, green court lots, auto courts, alley clusters, zero-lot lines, or z-shaped lots. In addition, duet/half-plex homes, townhomes, or condominiums may be accommodated in Medium Density Residential areas.
“Mixed Use Parcel” means a Parcel or Parcels designated for a combination of Residential Uses and Nonresidential Uses.
“Multifamily For-Rent” or “Multifamily For-Rent Parcel” means any Parcel designated or developed for more than one residential dwelling Unit per Parcel and where such units are initially offered for rent to the general public and cannot be purchased by individual homeowners. Such uses may consist of apartments or structures such as duplexes or triplexes, including land uses defined as High Density Residential. Each residential dwelling Unit within Multifamily For-Rent or Multifamily For-Rent Parcels is not expected to have its own distinct Assessor’s Parcel Number. “Multifamily For-Sale” or “Multifamily For-Sale Parcel” means any Parcel designated or developed for more than one residential dwelling Unit within a single building or structure and that may share at least one common wall where such units are not initially offered for rent to the general public and initially may be offered for sale to individual homeowners. Such uses may consist of condominiums or buildings such as half-plexes or time-share units, including land uses defined as High Density Residential. Multifamily For-Sale Parcels are anticipated to have their own distinct Assessor’s Parcel Number as is Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-8
the case in residential condominium projects. Once designated as Multifamily For-Sale or Multifamily For-Sale Parcel, the Parcel shall remain so designated unless the original structures are demolished.
“Nonresidential Use” means a Taxable Parcel zoned for land uses other than Residential Uses which may include Business Professional, Community Commercial and Mixed Use. “Original Parcel” means a Taxable Parcel identified in Attachment 1 at formation of the CFD.
“Parcel” means any Assessor’s Parcel in the CFD based on the equalized tax rolls of the County as of January 1 of each Fiscal Year.
“Partial Prepayment” means the partial fulfillment of a Parcel’s Facilities Special Tax obligation, as determined by following the procedures in Section 8. “Pay-As-You-Go Costs” means that portion of costs of acquisition, construction, and improvement of Authorized Facilities not financed by Bonds that are eligible for funding from the Facilities Special Tax.
“Prepayment” means the Full Prepayment or Partial Prepayment of a Parcel’s Facilities Special Tax obligation, as determined by following the procedures in Section 8. “Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Annual Special Tax is equal for all Developed Parcels. For Small Lot Tentative Map Parcels, Proportionately means that the ratio of the actual Special Tax levy to the Maximum Annual Special Tax is equal for all Small Lot Tentative Map Parcels. For Large Lot Parcels, Proportionately means that the ratio of the actual Special Tax levy to the Maximum Annual Special Tax is equal for all Large Lot Parcels. For Undeveloped Parcels, Proportionately means that the ratio of the actual Special Tax levy to the Maximum Annual Special Tax is equal for all Undeveloped Parcels. “Public Parcel” means any Parcel that is or is intended to be publicly owned, as designated in any final map, that is normally exempt from the levy of general ad valorem property taxes under California law, including, but not limited to, public streets, schools, parks, and public drainageways, landscaping, wetlands, greenbelts, and open space. “Remainder Parcel” means a portion of a unit of land that is created as a result of the recording of a Large Lot Parcel Map or Final Small Lot Subdivision Map, which results in a designated remainder as defined in Government Code Section 66424.6(a) (Remainder Parcel). Such a Remainder Parcel may contain taxable and tax-exempt uses, such as Residential Uses, and Public Parcels, such as park sites. Once designated as a Remainder Parcel, such Parcel will be considered a Large Lot Parcel for the purposes of future Subdivisions and for the provisions of Sections 4 through 6. “Residential Use” means a Parcel designated for residential use, such as single-family residential Units, residential condominiums, townhouses, or apartments that would be included in the definitions of Low-Density Residential, Medium Density Residential or High Density Residential.

Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-9
“RMA” means this Rate and Method of Apportionment, and Manner of Collection of Special Tax, as it may be amended from time to time in connection with Annexation Parcels or otherwise.
“Single-Family Parcel” means, in any Fiscal Year, all Parcels in the CFD for which a building permit was issued or may be issued for construction of a Unit that is a singlefamily residential, residential condominium, or townhouse Unit. “Small Lot Tentative Map” means a map that is approved by the City for the purpose of showing the design of a proposed Subdivision, including the individual buildable lots expected in the Subdivision, as well as the conditions pertaining thereto. The Small Lot Tentative Map designation for this RMA is in reference only to the areas shown on the map on which Low-Density Residential and Medium-Density Residential uses would be permitted. A Small Lot Tentative Map is not based on a detailed survey of the property in the map and is not recorded at the County Recorder’s Office to create legal lots. “Small Lot Tentative Map Parcel” means, in any Fiscal Year, all Parcels included in a Small Lot Tentative Map that was approved before May 1 of the prior Fiscal Year that are planned for Low-Density Residential and Medium-Density Residential and which have not yet become a Developed Parcel.
“Special Tax(es)” mean(s) any tax levy under the Act in the CFD. “Subdivision” or “Subdivided” means a division of a Parcel into two or more Parcels through Parcel reconfiguration, lot-line adjustments, or the Subdivision Map Act process.

A Subdivision also may include the merging of two or more Parcels to create new Parcels. “Successor Parcel” means a Parcel created by the Subdivision of an Original Parcel or a Successor Parcel.
“Tax Category” means the categories of taxable land uses shown in Attachments 2, 3, and 4.
“Tax Collection Schedule” means the document prepared by the Administrator for the County Auditor-Controller to use in levying and collecting the Special Taxes each Fiscal Year.
“Tax Escalation Factor” means a factor of 2 percent by which the Maximum Annual Facilities Special Tax, Maximum Annual Maintenance Special Tax and related Maximum Annual Special Tax Rates shall be increased annually until the Transition Event. After the Transition Event, the Maximum Annual Maintenance Special Tax may be increased up to 2 percent annually at the City’s discretion. The Administrator should refer to Section 4a for application of the Tax Escalation Factor.
“Taxable Acreage” means that area of a Parcel determined by the Administrator to become a Taxable Parcel or Parcels upon further Subdivision. An example might be that a Large Lot Parcel Map creates a Remainder Parcel that, according to Attachment 1, contains both taxable uses and tax-exempt uses.
“Taxable Parcel” means any Parcel that is not a Tax-Exempt Parcel.

Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-10
“Tax-Exempt Parcel” means a Parcel not subject to the Annual Special Tax. TaxExempt Parcels include (a) Public Parcels, and (b) Parcels owned by the City, school districts, special districts, or the state or federal government. A Taxable Parcel that is acquired by a public agency shall remain a Taxable Parcel as per the provisions of Section 4.i.

Certain privately-owned Parcels also may be exempt from the levy of Annual Special Taxes, including common areas owned by homeowner’s associations or property owner associations, wetlands, detention basins, water quality ponds, and open space, as determined by the Administrator.
“Transition Event” means for Improvement Area No. 2, the earlier of (a) after the Initial Bonding period, the Fiscal Year in which the Administrator determines the Development Impact Fee Deferral, and any eligible Pay-As-You-Go Costs have been repaid in full to the City and City determines funding is no longer needed for Annual Facilities Costs, or (b) Fiscal Year 2086-87, and, for parcels within the Future Annexation Area annexed into an Improvement Area other than Improvement Area No. 2, the earlier of (a) after the Initial Bonding period for that Improvement Area, the Fiscal Year in which the Administrator determines the Development Impact Fee Deferral, and any eligible Pay-AsYou-Go Costs have been repaid in full to the City and City determines funding is no longer needed for Annual Facilities Costs, or (b) sixty-five Fiscal Years following the first full Fiscal Year after the date of creation of such Improvement Area. “Transition Year” means, for each Improvement Area separate from the other, the first Fiscal Year following the Fiscal Year in which the Transition Event occurred. “Trustee” means a national banking association organized and existing under the laws of the United States acting as a trustee or fiscal agent for Bonds. “Undeveloped Parcel” means a Taxable Parcel that is not a Developed Parcel, Small Lot Tentative Map Parcel, or a Large Lot Parcel.
“Unit” means, for a Single-Family Parcel, the individual residential unit on such Parcel, or for a Multifamily For-Rent Parcel or Multifamily For-Sale Parcel, an individual residential unit in a multifamily building.
3 . D ura tio n o f the Spe c ia l Ta x
Improvement Area No. 2
The Facilities Special Tax will be levied and collected until the earlier of (i) the Transition Year or (ii) Fiscal Year 2086-87. The Maintenance Special Tax will be levied and collected beginning in the Transition Year. The Maintenance Special Tax will thereafter be collected in perpetuity.

Future Annexation Area Parcels
For parcels within the Future Annexation Area annexed into an Improvement Area other than Improvement Area No. 1 and No. 2, the Facilities Special Tax will be levied and collected until the earlier of (i) the Transition Year or (ii) sixty-five Fiscal Years following the first full Fiscal Year after the date of creation of such Improvement Area. The Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-11
Maintenance Special Tax will be levied and collected beginning in the Transition Year.

The Maintenance Special Tax will thereafter be collected in perpetuity. 4 . Admini s t rative Tasks for the Fac i l ities
Spec ial Tax
The provisions of Section 4 shall apply to each Improvement Area on a stand-alone basis.

For each Improvement Area, tasks required of the Administrator are set forth below:
a. Annual Special Tax Escalation. Until the Transition Event, the Administrator shall increase the Maximum Annual Facilities Special Tax, the Maximum Annual Maintenance Special Tax and Maximum Annual Special Tax Rates by the Tax Escalation Factor in all Fiscal Years following the Base Year. After the Transition Event, the City, in its sole discretion, may determine whether to apply the Tax Escalation Factor to the Maximum Annual Maintenance Special Tax in any Fiscal Year. b. Assignment of the Maximum Annual Facilities Special Tax to Original Parcels.

Attachment 3 identifies the Assigned Maximum Annual Facilities Special Tax for each Original Parcel included in Improvement Area No. 2, which is determined for each Large Lot Parcel based on the Expected Land Uses in each Large Lot Parcel at CFD Formation. The Assigned Maximum Annual Facilities Special Tax shall continue to apply to the geographic area to which it was assigned. If, before further Subdivision, the Administrator determines there are multiple Assessor’s Parcels in a Large Lot Parcel, the Administrator shall assign the Maximum Annual Facilities Special Tax to each Assessor’s Parcel on a pro rata basis to all Assessor’s Parcels in that Large Lot Parcel based on the percentage share of Taxable Acreage identified for each Assessor’s Parcel. Similarly, if the Administrator determines there are multiple Large Lot Parcels in an Assessor’s Parcel, the Maximum Annual Facilities Special Tax shall equal the sum of the Assigned Maximum Annual Facilities Special Tax for all Large Lot Parcels in that Assessor’s Parcel.
c. Assignment of the Maximum Annual Facilities Special Tax to Annexation Parcels.

If Parcels are annexed to the CFD after formation, the Maximum Annual Facilities Special Tax shall be assigned to these Annexation Parcels using the definitions in Section 2 and the Maximum Annual Facilities Special Tax per Unit or Acre shown in Attachment 2 as adjusted by the Tax Escalation Factor applied by the Administrator, unless the Annexation Parcels are annexed with a new set of Maximum Annual Facilities Special Taxes. Annexation Parcels will be included in a new Improvement Area and not be annexed into Improvement Area No. 1 or No. 2. Attachments 1 or 2 shall be amended, or a new attachment created, to include the new Improvement Area, the Annexation Parcels and, if necessary, the applicable tax rates. If new Maximum Annual Facilities Special Taxes are created, Attachments 1, 2, and 3 should be amended to reflect the Maximum Annual Facilities Special Taxes for the Annexation Parcels. Once annexed, these annexed Parcels shall be considered Original and Successor Parcels and will be subject to the same procedures for assignment of the Maximum Annual Facilities Special Tax to Successor Parcels described in Section 4.d. The owner of the Annexation Parcels shall be responsible for paying all costs associated with annexing the Annexation Parcels to the CFD, but Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-12
otherwise shall not be required to pay any other charge, fee or catch-up special tax in connection with or as a condition of such annexation unless otherwise agreed to by the owner of the Annexation Parcel in connection with the annexation. d. Assignment of the Maximum Annual Facilities Special Tax to Successor Parcels. As Original Parcels and Successor Parcels are Subdivided through creation of Final Small Lot Subdivision Maps, lot line adjustments or other Parcel amendments through the Subdivision Map Act process, the Administrator shall use the following steps to assign the Maximum Annual Facilities Special Tax to new Successor Parcels. As a result of each assignment of the Maximum Annual Facilities Special Tax upon Subdivision of an Original Parcel or Successor Parcel, the sum of the Maximum Annual Facilities Special Taxes assigned to the newly created Taxable Parcels shall never be less, but may be greater, than the Assigned Maximum Annual Facilities Special Tax for that Original Parcel or Successor Parcel.

1. If an Original Parcel or Successor Parcel is Fully Subdivided into Single-Family Parcels with No Remainder Parcel(s). There shall be no net loss of Maximum CFD Special Tax Revenue as a result of the assignment of the Maximum Annual Facilities Special Tax to Single-Family Parcels. The Administrator shall use the following procedures to assign the Maximum Annual Facilities Special Tax to Single-Family Parcels. All references to Maximum Annual Facilities Special Taxes in the attachments are subject to application by the Tax Escalation Factor by the Administrator:

A. Multiply the Maximum Annual Facilities Special Tax per Unit by Tax Category from Attachment 2 by the number of Units for each Single-Family Parcel created by the Subdivision. Sum the Maximum Annual Facilities Special Taxes for all Single-Family Parcels created by the Subdivision.

B. If the sum of Maximum Annual Facilities Special Taxes calculated in Step 4.d.1.A above is equal to or greater than the Assigned Maximum Annual Facilities Special Tax for the Original or Successor Parcel that was Subdivided, assign the Maximum Annual Facilities Special Tax per Unit by Tax Category as calculated in Step 4.1.d.A above to each Single-Family Parcel created by the Subdivision.

C. If the sum of Maximum Annual Facilities Special Taxes calculated in Step 4.d.1.A above is less than the Assigned Maximum Annual Facilities Special Tax for the Original or Successor Parcel that was Subdivided, unless 100 percent of the Units are designated Affordable Units, (i) assign the Maximum Annual Facilities Special Tax for Affordable Units shown in Attachment 2 to each Affordable Unit (if any) and, (ii) Proportionately increase the Maximum Annual Facilities Special Tax per Unit for all Units that are not Affordable Units until the sum of resulting Maximum Annual Facilities Special Taxes from all Units (including Affordable Units) equals the Assigned Maximum Annual Facilities Special Tax for the Original or Successor Parcel that was Subdivided. Assign the Maximum Annual Facilities Special Tax calculated in this step to each new Single-Family Parcel created by the Subdivision.

Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-13
D. If the sum of Maximum Annual Facilities Special Taxes calculated in Step 4.d.1.A above is less than the Assigned Maximum Annual Facilities Special Tax for the Original or Successor Parcel that was Subdivided and if 100 percent of the Single-Family Parcels created by Subdivision are designated as Affordable Units, increase Proportionately the Maximum Annual Facilities Special Tax per Unit for each Affordable Unit until the sum of Maximum Annual Facilities Special Taxes from all Affordable Units on the new Single-Family Parcels created by the Subdivision equal the Assigned Maximum Annual Facilities Special Tax for the Original or Successor Parcel that was Subdivided. Assign the Maximum Annual Facilities Special Tax calculated in this step to each new Single-Family Parcel created by the Subdivision.

2. If Original or Successor Parcel Is Subdivided into Single-Family Parcels and One or More Remainder Parcels. When an Original or Successor Parcel is Subdivided into Single-Family Parcels and one or more Large Lot Parcels (or Remainder Parcels), the Assigned Maximum Annual Facilities Special Tax is apportioned to the SingleFamily Parcels and Large Lot Parcels created by the Subdivision in the following manner:

A. Apportion the Assigned Maximum Annual Facilities Special Tax to the area(s) that is/are being Subdivided into Single-Family Parcels and to the area(s) that will be Remainder Parcel(s) on a pro rata basis, based on the percentage share of Taxable Acreage represented by each such area as compared to the total area of the Original or Successor Parcel.

B. For each area Subdivided into Single-Family Parcels, multiply the Maximum Annual Facilities Special Tax per Unit by Tax Category from Attachment 2 by the number of Units for each Single-Family Parcel created by the Subdivision.

Sum the Maximum Annual Facilities Special Taxes for all Single-Family Parcels created by the Subdivision.

C. For each area Subdivided into Single-Family Parcels, if the sum of Maximum Annual Facilities Special Taxes calculated in Step 4.d.2.B above is equal to or greater than the Assigned Maximum Annual Facilities Special Tax apportioned to that area of the Original or Successor Parcel that was Subdivided into Single-Family Parcels, assign the Maximum Annual Facilities Special Tax per Unit by Tax Category as calculated in Step 4.d.2.B above to each SingleFamily Parcel created by the Subdivision.

D. For each area Subdivided into Single-Family Parcels, if the sum of Maximum Annual Facilities Special Taxes calculated in Step 4.d.2.B above is less than the Assigned Maximum Annual Facilities Special Tax apportioned to that area of the Original or Successor Parcel that was Subdivided into Single-Family Parcels, unless 100 percent of the Units are designated Affordable Units, (i) assign the Maximum Annual Facilities Special Tax for Affordable Units shown in Attachment 2 to each Affordable Unit (if any) and, (ii) Proportionately increase the Maximum Annual Facilities Special Tax per Unit for all Units that are not Affordable Units until the sum of resulting Maximum Annual Facilities Special Taxes from all Units (including Affordable Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-14
Units) equals the Assigned Maximum Annual Facilities Special Tax apportioned to that area of the Original or Successor Parcel that was Subdivided into Single-Family Parcels. Assign the Maximum Annual Facilities Special Tax calculated in this step to each new Single-Family Parcel created by the Subdivision.

E. For each area Subdivided into Single-Family Parcels, if the sum of Maximum Annual Facilities Special Taxes calculated in Step 4.d.2.B above is less than the Assigned Maximum Annual Facilities Special Tax apportioned to that area of the Original or Successor Parcel that was Subdivided into Single-Family Parcels and if 100 percent of the Single-Family Parcels created by Subdivision are designated as Affordable Units, increase Proportionately the Maximum Annual Facilities Special Tax per Unit for each Affordable Unit until the sum of Maximum Annual Facilities Special Taxes from all Affordable Units on the new Single-Family Parcels created by the Subdivision equal the Assigned Maximum Annual Facilities Special Tax apportioned to that area of the Original or Successor Parcel that was Subdivided into Single-Family Parcels. Assign the Maximum Annual Facilities Special Tax calculated in this step to each new Single-Family Parcel created by the Subdivision.

F. For the Remainder Parcel or Parcels, identify the Maximum Annual Facilities Special Tax for the entire Original or Successor Parcel that has been Subdivided. Sum the Maximum Annual Facilities Special Tax for all SingleFamily Parcels created by the Subdivision, including Single-Family Parcels with Affordable Units. Subtract the sum of the Maximum Annual Facilities Special Tax for all Single-Family Parcels from the Assigned Maximum Annual Facilities Special Tax for the Original or Successor Parcel being subdivided and compare it to the Maximum Annual Facilities Special Tax assigned to the Remainder Parcel or Parcels in Step 4.d.2.A. Assign to each Remainder Parcel, the lesser of the calculations in this step or in Step 4.d.2.A, but in no event less than the difference between the previously Assigned Maximum Annual Facilities Special Tax for the Original Parcel or Successor Parcel being Subdivided and the total of the Maximum Annual Facilities Special Tax for all Single-Family Parcels created by such Subdivision.

Once designated as a Remainder Parcel, such Parcel will be considered a Large Lot Parcel for the purposes of future Subdivisions and for the provisions of Sections 4 through 6.

3. If an Original or Successor Parcel is Subdivided creating multiple land uses and Tax Categories or for any rezones of land uses on Original or Successor Parcels:

A. Identify the Assigned Maximum Annual Facilities Special Tax for the Original Parcel or Successor Parcel that is being Subdivided or rezoned.

B. For each Taxable Parcel subject to rezone or created by Subdivision multiply the Maximum Annual Facilities Special Tax per Unit or per Acre by the number of Units or by the number of Acres by the appropriate Tax Category. For each Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-15
Taxable Parcel created by Subdivision that includes Affordable Units, multiply the number of Affordable Units by the Tax per Unit for such Affordable Units.

C. Sum the Maximum Annual Facilities Special Tax for each Taxable Parcel and compare it to the Assigned Maximum Annual Facilities Special Tax of the Original or Successor Parcel that is subject to rezone or is being Subdivided.

If the sum of Maximum Annual Facilities Special Tax for each Taxable Parcel is greater than the Assigned Maximum Annual Facilities Special Tax for the Original Parcel, the Administrator shall apply the Maximum Annual Facilities Special Tax calculated above for each Taxable Parcel.

D. If the Assigned Maximum Annual Facilities Special Tax for the Original Parcel or Successor Parcel subject to rezone or that is being subdivided is greater than the sum of Maximum Annual Facilities Special Tax for each Successor Parcel being created, increase Proportionately the Maximum Annual Facilities Special Tax per Unit or per Acre for all Tax Categories on each Taxable Parcel such that the sum of Maximum Annual Facilities Special Tax for all Taxable Parcels equals the Assigned Maximum Annual Facilities Special Tax for the Original Parcel.

4. If Multifamily Residential Units are Constructed on an Original or Successor Parcel: If a Building Permit for Multifamily Residential—For Rent uses is issued for an Original or Successor Parcel, identify the Maximum Annual Facilities Special Tax for the Taxable Parcel in Attachment 3. Assign this amount as the Maximum Annual Facilities Special Tax for the Parcel.

If a Building Permit for Multifamily Residential—For Sale uses is issued for an Original or Successor Parcel, use the following procedure to assign the Maximum Annual Facilities Special Tax to Successor Parcels.

A. Multiply the Maximum Annual Facilities Special Tax per Unit for High Density Residential Units from Attachment 2 by the number of High Density Residential Units (excluding Affordable Units) created by the Building Permit.

Sum the Maximum Annual Facilities Special Taxes for all High Density Residential Units created by the Building Permit.

B. Multiply the Maximum Annual Facilities Special Tax per Unit High Density Residential Affordable Units from Attachment 2 by the number of High Density Residential Affordable Units created by the Building Permit. Sum the Maximum Annual Facilities Special Taxes for all High Density Residential Affordable Units created by the Building Permit.

C. Sum the results from Section 4.d.4.A and Section 4.d.4.B.and compare it to the Assigned Maximum Annual Facilities Special Tax of the Original or Successor Parcel with the issued Building Permit. If the sum of Maximum Annual Facilities Special Tax for each Taxable Parcel is greater than the Assigned Maximum Annual Facilities Special Tax for the Original Parcel, the Administrator shall apply the Maximum Annual Facilities Special Tax calculated above for each Taxable Parcel.

Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-16
D. If the Assigned Maximum Annual Facilities Special Tax for the Original Parcel or Successor Parcel subject to the Building Permit is greater than the sum of Maximum Annual Facilities Special Tax for each Successor Parcel being created, increase Proportionately the Maximum Annual Facilities Special Tax per Unit for all Tax Categories on each Taxable Parcel such that the sum of Maximum Annual Facilities Special Tax for all Taxable Parcels equals the Assigned Maximum Annual Facilities Special Tax for the Original Parcel. e. Affordable Units that Become Market-Rate Units. If, in any Fiscal Year, the City Manager, or his or her designee, determines that a Unit that previously had been designated as an Affordable Unit no longer qualifies as such, the Affordable Housing Director shall update the Affordable Unit listing by denoting the change in status of the Unit, together with the effective date thereof. For all Affordable Units that are converted to Market-Rate Units, such Units shall be assigned the Maximum Annual Facilities Special Tax per Unit based on their Tax Category as shown in Attachment 2, as adjusted by the Tax Escalation Factor so long as the Special Tax does not decrease on such a Unit.
f. Transfer of the Assigned Maximum Annual Facilities Special Tax from One Large Lot Parcel to Another. The Maximum Annual Facilities Special Taxes shown in Attachment 3 were determined based on the Expected Land Uses for each Large Lot Parcel shown in Attachment 1. If the number of planned residential Units or Nonresidential Acreage is transferred from one Large Lot Parcel to another before recording a Final Small Lot Subdivision Map in any portion of the Large Lot Parcel, the City may, in its sole discretion, allow for a transfer of the Maximum Annual Facilities Special Tax from one Large Lot Parcel to another. Such a transfer shall be allowed only if (1) all adjustments are agreed to in writing by the affected property owners and the CFO, and (2) there is no reduction in the Maximum Annual CFD Special Tax Revenues as a result of the transfer. Should a transfer result in an amendment to Attachments 1, 2, or 3 of the Notice of Special Tax Lien, the requesting property owner shall bear the costs to effect the transfer in the CFD records and prepare the required amendments to the Notice of Special Tax Lien and Attachments 1, 2, or 3.

Before the transfer, the City may require a deposit from the requesting property owner for such costs.
g. Reduction of the Maximum Annual Facilities Special Tax Prior to First Bond Sale. At the request of the developer/builders, the Maximum Annual Special Taxes set forth in Attachments 2, 3 and 4 may be reduced for a given Tax Category, once, prior to the First Bond Sale. The reduction in this paragraph (g) may occur in a single Tax Category or multiple Tax Categories, and there shall be no requirement that the reduction in one Tax Category be proportionate to the reduction in another Tax Category. Such reduction shall be made without a vote of the qualified electors within the CFD following discussion with the developers/builders and the City. Any such reduction shall occur at least 30 days prior to the First Bond Sale. The Special Tax reductions permitted pursuant to this paragraph shall be reflected in an Amended Notice of Special Tax Lien, which the Administrator shall cause to be recorded.

Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-17
h. Conversion of a Tax-Exempt Parcel to a Taxable Parcel. If a Tax-Exempt Parcel is not needed for public use and is converted to a taxable use or transferred to a private owner, it shall become subject to the Facilities Special Tax. The Maximum Annual Facilities Special Tax for the newly Taxable Parcel will be determined using the provisions of Sections 4 and 5 of the RMA.
i. Taxable Parcels Acquired by a Public Agency. A Taxable Parcel that is acquired by a public agency after the CFD is formed will remain subject to the applicable Special Tax unless the Special Tax obligation is satisfied pursuant to Section 53317.5 of the Government Code. An exception to this may be made if a Public Parcel, such as a park site, is relocated to a Taxable Parcel, in which case the previously Tax-Exempt Parcel of comparable acreage becomes a Taxable Parcel and the Maximum Annual Facilities Special Tax from the previously Taxable Parcel is transferred to the new Taxable Parcel. This trading of a Parcel from a Taxable Parcel to a Public Parcel will be permitted to the extent there is no net loss in Maximum Annual CFD Special Tax Revenue and the transfer is agreed to by the owners of the Parcels involved in the transfer and the CFO.
5 . Admini s t rative Tasks for the M aintenance
Spec ial Tax
This section discusses the administrative tasks for the Maintenance Special Tax, which shall be applicable after the Transition Event.

Separately, the provisions of Section 5 shall apply to each Improvement Area. For each Improvement Area, tasks required of the Administrator are set forth below:
a. Assignment of the Maximum Annual Maintenance Special Tax to Developed Parcels.

After the Transition Event, the Administrator shall assign the Maximum Annual Maintenance Special Tax to all Developed Parcels using the Maximum Annual Special Tax Rates for the Maintenance Special Tax by Tax Category shown in Attachment 4, as adjusted by the Tax Escalation Factor.
b. Assignment ofthe Maximum Annual Maintenance Special Tax to Successor Parcels.

After the Transition Event, if Original Parcels and Successor Parcels are Subdivided through creation of Final Small Lot Subdivision Maps, lot line adjustments or other Parcel amendments throughtheSubdivision MapActprocess,theAdministrator shall use the steps in Section 4.d to assign the Maximum Annual Maintenance Special Tax to new Successor Parcels. When applying Section 4.d after the Transition Event, the Administrator shall substitute Maintenance Special Tax for Facilities Special Tax and shall substitute Maximum Annual Maintenance Special Tax for Maximum Annual Facilities Special Tax.
c. Assignment of the Maximum Annual Maintenance Special Tax to Annexation Parcels.

If Parcels are annexed to the CFD after formation, the Maximum Annual Maintenance Special Tax shall be assigned to these Annexation Parcels using the definitions in Section 2 and the Maximum Annual Maintenance Special Tax per Unit or Acre shown in Attachment 4 as adjusted by the Tax Escalation Factor applied by the Administrator, unless the Annexation Parcels are annexed with a new set of Maximum Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-18
Annual Maintenance Special Taxes. Attachment 1 may be amended, or a new attachment created, to include the Annexation Parcels and, if necessary, the applicable tax rates. If new Maximum Annual Maintenance Special Taxes are created, Attachment 4 should be amended to reflect the Maximum Annual Maintenance Special Taxes for the Annexation Parcels. Once annexed, these annexed Parcels shall be considered Original and Successor Parcels and will be subject to the same procedures for assignment of the Maximum Annual Maintenance Special Tax to Successor Parcels described in this section. The owner of the Annexation Parcels shall be responsible for paying all costs associated with annexing the Annexation Parcels to the CFD, but otherwise shall not be required to pay any other charge, fee or catch-up special tax in connection with or as a condition of such annexation unless otherwise agreed to by the owner of the Annexation Parcel in connection with the annexation.
d. Affordable Units that Become Market-Rate Units. If, in any Fiscal Year, the City Manager, or his or her designee, determines that a Unit that previously had been designated as an Affordable Unit no longer qualifies as such, the Affordable Housing Director shall update the Affordable Unit listing by denoting the change in status of the Unit, together with the effective date thereof. For all Affordable Units that are converted to Market-Rate Units, such Units shall be assigned the Maximum Annual Maintenance Special Tax per Unit based on their Tax Category as shown in Attachment 4, as adjusted by the Tax Escalation Factor. e. Conversion of a Tax-Exempt Parcel to a Taxable Parcel. If a Tax-Exempt Parcel is not needed for public use and is converted to a taxable use or transferred to a private owner, it shall become subject to the Maintenance Special Tax. The Maximum Annual Maintenance Special Tax for the newly Taxable Parcel will be determined using the provisions of Sections 5 and 6 of the RMA.
f. Taxable Parcels Acquired by a Public Agency. A Taxable Parcel that is acquired by a public agency after the CFD is formed will remain subject to the applicable Special Tax unless the Special Tax obligation is satisfied pursuant to Section 53317.5 of the Government Code. An exception to this may be made if a Public Parcel, such as a park site, is relocated to a Taxable Parcel, in which case the previously Tax-Exempt Parcel of comparable acreage becomes a Taxable Parcel and the Maximum Annual Maintenance Special Tax from the previously Taxable Parcel is transferred to the new Taxable Parcel. This trading of a Parcel from a Taxable Parcel to a Public Parcel will be permitted to the extent there is no net loss in Maximum Annual CFD Special Tax Revenue and the transfer is agreed to by the owners of the Parcels involved in the transfer and the CFO.
6 . As s ignment of the M aximum Annual Spec ial
Tax
Separately for each Improvement Area, the Administrator shall assign the Maximum Annual Special Tax using the procedures identified below:

Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-19
a. Classification of Parcels. For purposes of the next Fiscal Year tax levy, by June 30 of each Fiscal Year, using the Definitions in Section 2, the Parcel records of the Assessor’s secured tax roll as of January 1, and other City development approval records, the Administrator shall cause:

1. Each Parcel to be classified as a Taxable Parcel or Tax-Exempt Parcel.

2. Each Parcel to be classified as a Developed Parcel, a Small Lot Tentative Map Parcel, a Large Lot Parcel (including Remainder Parcels), or an Undeveloped Parcel.
b. Assignment of the Maximum Annual Facilities Special Tax to Taxable Parcels. The Maximum Annual Facilities Special Tax will be assigned to each Taxable Parcel each Fiscal Year using the procedures (not all steps may be applicable for each such Parcel) in Section 4.
c. Assignment of the Maximum Annual Maintenance Special Tax to Taxable Parcels.

Following the Transition Even, the Maximum Annual Maintenance Special Tax will be assigned to each Taxable Parcel each Fiscal Year using the procedures (not all steps may be applicable for each such Parcel) in Sections 4 and 5. 7 . Cal culating Annual Spec ial Taxes
This section discusses the levy of the Facilities Special Tax and the Maintenance Special Tax. Collectively, these Special Taxes are included in the discussion of the assignment of the Maximum Annual Special Taxes. For the period following CFD formation until the Transition Event, the Maximum Annual Special Tax shall refer to the Facilities Special Tax. Beginning with the Transition Year, the Maximum Annual Special Tax shall refer to the Maintenance Special Tax.

Separately for each Improvement Area, the Administrator shall follow the special tax levy procedures described below.

The Administrator will compute the Annual Facilities Costs or Annual Maintenance Costs and determine the annual Special Tax levy for each Taxable Parcel based on the assignment of the Special Tax in Sections 4, 5, and 6. The Administrator then will determine the tax levy for each Taxable Parcel using the following process.

Facilities Special Tax Levy
a. Compute the Annual Facilities Costs using the definition of Annual Facilities Costs in Section 2.
b. For all Taxable Parcels, calculate the Facilities Special Tax levy for each using the following steps:

Step 7.b.1. The Facilities Special Tax shall be levied proportionately on all Developed Parcels up to the amount of Annual Facilities Cost or up to 100 percent of the Maximum Annual Facilities Special Tax Revenue for all Developed Parcels, whichever is less.

Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-20
Step 7.b.2. If additional revenue is needed after Step 7.b.1., the Facilities Special Tax shall be levied proportionately on each Small Lot Tentative Map Parcel until the revenue from the Facilities Special Tax levy in this step, when added to the levy amount computed in Step 7.b.1., equals the Annual Facilities Costs, or up to 100 percent of the Maximum Annual Facilities Special Tax Revenue for all Small Lot Tentative Map Parcels.

As necessary, the Facilities Special Tax shall be levied on Small Lot Tentative Map Parcels for the entire portion of Annual Facilities Costs, excluding Pay-As-You-Go Costs.

Step 7.b.3. If additional revenue is needed after Step 7.b.2., the Facilities Special Tax shall be levied proportionately on each Large Lot Parcel until the revenue from the Facilities Special Tax levy in this step, when added to the levy amount computed through Step 7.b.2., equals the Annual Facilities Costs, or up to 100 percent of the Maximum Annual Facilities Special Tax Revenue for all Large Lot Parcels. As necessary, the Facilities Special Tax shall be levied on Large Lot Parcels for the entire portion of Annual Facilities Costs, excluding Pay-As-You-Go Costs.

Step 7.b.4. If additional revenue is needed after Step 7.b.3., the Facilities Special Tax shall be levied on each Undeveloped Parcel until the revenue from the Facilities Special Tax levy in this step, when added to the levy amounts computed through Step 7.b.3., equals the Annual Facilities Costs, or up to 100 percent of the Maximum Annual Facilities Special Tax Revenue for all Undeveloped Parcels. As necessary, the Facilities Special Tax shall be levied on Undeveloped Parcels for the entire portion of Annual Facilities Costs, excluding Pay-As-You-Go Costs.

Maintenance Special Tax Levy
c. Beginning in the Transition Year, compute the Annual Maintenance Cost using the definition of Annual Maintenance Costs in Section 2.
d. For all Taxable Parcels, calculate the Maintenance Special Tax levy for each using the following steps:

Step 7.d.1. The Maintenance Special Tax shall be levied proportionately on all Developed Parcels up to the amount of Annual Maintenance Cost or up to 100 percent of the Maximum Annual Maintenance Special Tax Revenue for all Developed Parcels, whichever is less.

Step 7.d.2. If additional revenue is needed after Step 7.d.1., the Maintenance Special Tax shall be levied proportionately on each Small Lot Tentative Map Parcel until the revenue from the Maintenance Special Tax levy in this step, when added to the levy amount computed in Step 7.d.1., equals the Annual Maintenance Costs, or up to 100 percent of the Maximum Annual Maintenance Special Tax Revenue for all Small Lot Tentative Map Parcels.

Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-21
Step 7.d.3. If additional revenue is needed after Step 7.d.2., the Maintenance Special Tax shall be levied proportionately on each Large Lot Parcel until the revenue from the Maintenance Special Tax levy in this step, when added to the levy amount computed through Step 7.d.2., equals the Annual Maintenance Costs, or up to 100 percent of the Maximum Annual Maintenance Special Tax Revenue for all Large Lot Parcels.

Step 7.d.4. If additional revenue is needed after Step 7.d.3., the Maintenance Special Tax shall be levied on each Undeveloped Parcel until the revenue from the Maintenance Special Tax levy in this step, when added to the levy amounts computed through Step 7.d.3., equals the Annual Maintenance Costs, or up to 100 percent of the Maximum Annual Maintenance Special Tax Revenue for all Undeveloped Parcels. e. Levy on each Taxable Parcel the amount calculated above. f. Prepare the Tax Collection Schedule and, unless an alternative method of collection has been selected pursuant to Section 10, send it to the County Auditor requesting that it be placed on the general, secured property tax roll for the Fiscal Year. The Tax Collection Schedule will be sent no later than the date required by the County Auditor for such inclusion.

The Administrator will make every effort to calculate the Special Tax correctly for each Parcel. It will be the burden of the taxpayer to identify any errors in determining which Parcels are subject to the tax and their Special Tax assignments. 8 . Prepayment of the Fac i l ities Spec ial Tax
Obl igation
Calculations of a Prepayment shall reflect the Improvement Area within which the Parcel seeking to prepay resides. A property owner may at any time prepay either 25 percent or 50 percent of the Full Prepayment, except that the City may allow a partial prepayment of any percentage up to 50 percent of the Full Prepayment to be made as a “buy down” of the rate for purposes of marketing the property by a builder or developer of land to be sold for Residential Use. In the event such a builder or developer has prepaid a portion of the Facilities Special Tax, the allowable 25 percent or 50 percent partial prepayment of the Facilities Special Tax that can be made by a subsequent owner shall be reduced by the amount so prepaid by the builder or developer. For example, if a builder made a partial prepayment of 15 percent, a subsequent owner could make another partial prepayment of 10 percent or 35 percent bringing the total sum or partial prepayments to 25 percent or 50 percent respectively of the Full Prepayment. Full Prepayment is permitted only for Nonresidential Use Parcels; Full Prepayment is not allowable for Residential Use Parcels.

Prepayments must be made in sufficient time to, in the City’s opinion, have the Prepayment reflected in the following Fiscal Year’s Special Tax levy.

Prepayment is permitted only under the following additional conditions:

Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-22
 The landowner prepaying the Facilities Special Tax on a Parcel has paid any delinquent Facilities Special Tax and penalties on that Parcel at or before or at the time of Prepayment.
 Following Prepayment, amounts in any debt service reserve fund are equal to or greater than the reserve fund requirement.
 The City determines that the Prepayment will not jeopardize its ability to make timely payments of Debt Service and maintain a 110 percent annual Debt Service coverage based on Maximum Annual Special Tax Revenues in all years in which issued Bonds will be outstanding.
 The portion of the Prepayment for the Development Impact Fee Deferral shall only be used to pay for the Development Impact Fee Deferral whether it was or is to be funded through annual special tax payments or through bonded indebtedness.

When permitted, the Administrator shall calculate Prepayments using the following steps:
a. The Full Prepayment amount shall be established by following the steps below:

Step 8.a.1: Determine the percentage of the Maximum Facilities Special Tax for the Taxable Parcel for which the Facilities Special Tax is to be prepaid using the provisions of Sections 4, 5, and 6. If the Parcel is not designated as a Developed Parcel, determine the applicable Facilities Special Tax for the Parcel assuming it is a Developed Parcel.

Step 8.a.2: Increase the Maximum Facilities Special Tax by 2 percent per annum for the longer of (i) 30 years from the year in which the Parcel was first subject to the Facilities Special Tax as a Developed Parcel, or (ii) the end of the then-remaining Initial Bonding Period.

Step 8.a.3: Using a discounted rate equal to the most current yield for the 30-Year Treasury Constant Maturity, calculate the net present value of the revenue stream determined Step 8.a.2. If this yield is no longer available, the Administrator will select a yield rate from the most comparable type of security.

Step 8.a.4: Add to the amount calculated in Step 8.a.3 interest on the Bonds being redeemed to the next redemption date.

Step 8.a.5: Add to the amount calculated in Step 8.a.4 a redemption premium on the Bonds being redeemed (if any) as identified in the Bond Indenture(s).

Step 8.a.6: Add to the amount calculated in Step 8.a.5 the Development Impact Fee Deferral amount applicable to the Parcel, as adjusted for inflation. If Bonds have been issued to finance the Development Impact Fee Deferral, follow Steps 8.a.2 and 8.a.3, using for Step 8.a.2 the longer of (i) 30 years from the year in which the Parcel was first subject to the Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-23
Facilities Special Tax during the Deferral Bonding Period, or (ii) the end of the then-remaining Deferral Bonding Period.

Step 8.a.7: Add the administrative cost of processing the Prepayment to the amount calculated in Step 8.a.6.

Step 8.a.8: The amount in Step 8.a.7 is the amount of the Full Prepayment of the Maximum Annual Special Tax for the Taxable Parcel.
b. Partial Prepayments will be calculated as described below:

The amount of any Partial Prepayment is limited to a maximum of 50 percent of the Full Prepayment amount determined in Step 8.a.8. When a Partial Prepayment is made, the full amount of Administrative fees and expenses determined in Step 8.a.7 shall be included in the Partial Prepayment calculation. The Facilities Special Tax that can be levied on a Parcel after a Partial Prepayment is made is equal to the Maximum Facilities Special Tax multiplied by one minus the percentage that has been prepaid. 9 . Interpretation, Appl i cation, and Appeal of
Spec ial Tax Formula and Procedures
Any taxpayer who feels the amount of the Special Tax assigned to a Parcel is in error may file a notice with the CFO appealing the levy of the Special Tax. The CFO then will promptly review the appeal and, if necessary, will meet with the applicant. If the CFO verifies that the tax should be modified or changed, the Special Tax levy will be corrected and, if applicable in any case, a credit or refund will be granted.

Interpretations may be made by the City, without Resolution or Ordinance of the Council, for purposes of clarifying any vagueness or ambiguity as it relates to the Special Tax rate, the method of apportionment, the classification of properties, or any definition applicable to the CFD.

Without Council approval, the CFO may make minor, non-substantive administrative and technical changes to the provisions of this RMA that do not materially affect the rate, method of apportionment, or manner of collection of the Special Tax for purposes of administrative efficiency or convenience or to comply with new applicable federal, state, or local law.

The City, upon request of an owner of land in the CFD that is not a Developed Parcel, also may amend this RMA in any manner acceptable to the City, without Resolution or Ordinance of the Council, upon the affirmative vote of such owner and without the vote of owners of any other land in the CFD, provided such amendment is only applicable to such owner’s land and does not reduce the total Maximum Annual CFD Special Tax Revenue.

10. M anner of Col lec tion
The Special Tax will be collected in the same manner and at the same time as ad valorem property taxes, provided, however, the Administrator or its designee may directly bill the Special Tax and may collect the Special Tax at a different time, such as on a monthly or Exhibit A
May 9, 2022
Economic & Planning Systems, Inc. (EPS) A-24
other periodic basis, or in a different manner, if necessary, to meet the City’s financial obligations.

A-25
Attachment 1
C-1
LDR
C-50
OS
C-51
OS
C-3
LDR
C-4
LDR
C-61
PR
C-2
LDR
Benchmark Drive
C-81
P/QP
(substation)
C-6
C-52
OS
C-5
LDR
C-20
MDR
LDR C-7
LDR
C-12
LDR
C-62
PR
C-53
OS C-21
MDR
C-40
HDR
C-60
PR
C-80
P/QP
(school) C-8
LDR
Holt Parkway
C-11
LDR C-22
MDR
C-13
LDR
C-14
LDR
C-63
PR
C-15
LDR
C-82
P/QP
(LIFT STATION)
C-10
LDR
C-16
LDR
C-9
LDR
C-90
UR
C-23
MDR
Lower Bank Drive
C-24
MDR C-17
LDR
C-54
OS
C-41
HDR
C-25
MDR C-70
CC C-43
HDR
Blue Oaks Boulevard
LEGEND
C-83
P/QP
(RECYCLING)
Proposed CFD Boundary
C-84
P/QP
(WELL SITE)
Creekview Community Facilities District #1
(Improvement Area 2)
Identification of Large Lots
0 800
NORTH 400 April 2022
Cloud Dance Drive
A-26
DRAFT
Attachment 2
Creekview CFD No. 1 (Public Infrastructure)
Maximum Annual Facilities Special Taxes by Tax Category for the Base Year of FY 2021-22 (Improvement Area No. 2) [1] Facilities Special Tax per Unit/Taxable Acre
Expected Land Uses (Tax Category)
Before
Transition
Event
After
Transition
Event
[1]
Residential Uses
Low Density Residential (LDR)
per Unit
$3,050.00
per Unit
$0.00
Medium Density Residential (MDR) $2,400.00 $0.00
High Density Residential (HDR) [2]
High Density Residential (HDR) For-Sale [2] $0.00 $0.00 High Density Residential (HDR) For-Rent [2] $0.00 $0.00 Affordable Medium Density Residential $0.00 $0.00
Affordable High Density Residential [2] $0.00 $0.00
Very Low Affordable High Density Residential [2] $0.00 $0.00 Nonresidential Uses [2]
Mixed Use (MU) [2]
per Taxable Acre
$0.00
per Taxable Acre
$0.00
Business Professional (BP) [2] $0.00 $0.00
Community Commercial (CC) [2] $0.00 $0.00
Undeveloped Property $26,478.00 $0.00
att2
[1] This amount is subject to increase by the Tax Escalation Year following the Base Year as described in this RMA.

Factor in each Fiscal
[2] If a Low Density Residential, Medium Density Residential or Affordable Medium Density Residential Parcel with a Special Tax is rezoned to a use with an identified Special Tax of $0 in this attachment, the Special Tax would be assigned to the Parcel using the provisions of Section 4 of this RMA.

Prepared by EPS 4/27/2022 Z:\Shared\Projects\SAC\222000\222045 Roseville Creekside CFD No 1 Annexation\Models\222045 model DRAFT
Attachment 3
Creekview CFD No. 1 (Public Infrastructure)
Assigned Maximum Annual Facilities Special Taxes for Original Parcels for the Base Year of FY 2021-22 (Improvement Area No. 2) Assigned
Expected Land Uses Assigned Maximum Annual Assigned
Planned Maximum Annual Facilities Special Maximum Facilities Large Lot Planned Units per Facilities Special Tax per Taxable Special Tax per Number [1] Original Parcel(s) Tax Category Acres Units Acre Tax per Unit Acre Village Improvement Area No. 2
Phase 3
[2] [3] [2] [3] [2] [3]
C-5 Por. 017-101-056 LDR 13.60 74 5.44 $3,050 $0 $225,700 Por. 017-101-054 and
C-9 017-101-055 LDR 21.80 97 4.45 $3,050 $0 $295,850
C-21 Por. 017-101-056 MDR 7.70 77 10.00 $2,400 $0 $184,800 Por. 017-101-054 and
C-22 017-101-055 MDR 11.30 82 7.26 $2,400 $0 $196,800
Por. 017-101-054 and
C-40 017-101-055 HDR 5.20 168 32.31 $0 $0 $0
Phase 4
C-6 Por. 017-101-054 LDR 8.00 48 6.00 $3,050 $0 $146,400 Por. 017-101-054 and
C-7 017-101-058 LDR 13.90 74 5.32 $3,050 $0 $225,700
C-8 Por. 017-101-055 LDR 5.70 32 5.61 $3,050 $0 $97,600 C-20 Por. 017-101-056 MDR 8.70 77 8.85 $2,400 $0 $184,800 C-60 Por. 017-101-056 Park 7.40 n/a 0.00 $0 $0
C-80 Por. 017-101-054 PQP 7.00 n/a 0.00 $0 $0
C-81 Por. 017-101-055 PQP 0.90 n/a 0.00 $0 $0
Totals 111.20 729 $1,557,650
att3
[1] Indicates village identifier assigned by City in the Creekview SpecificPlan. [2] This amount may be increased by the Tax Escalation Factor in each Fiscal Year following the Base Year as described in this RMA. [3] If amended to include Annexation Parcels, the Maximum Annual Special Tax for Annexation Parcels would also be subject to the Tax Escalation Factor.

Prepared by EPS 5/9/2022 Z:\Shared\Projects\SAC\222000\222045 Roseville Creekside CFD No 1 Annexation\Models\222045 model A-27
DRAFT
Attachment 4
Creekview CFD No. 1 (Public Infrastructure)
(Improvement Area No. 2
Maximum Annual Maintenance Special Taxes by Tax Category for the Base Year of FY 2021-22 (Improvement Area No. 2) [1] Maintenance Special Tax per Unit/Taxable Acre
Expected Land Uses (Tax Category)
Before
Transition
Event
After
Transition
Event
[1] [1]
Residential Uses
Low Density Residential (LDR)
per Unit
$0.00
per Unit
$1,525.00
Medium Density Residential (MDR) $0.00 $1,200.00
High Density Residential (HDR) [2]
High Density Residential (HDR) For-Sale [2] $0.00 $0.00 High Density Residential (HDR) For-Rent [2] $0.00 $0.00 Affordable Medium Density Residential $0.00 $600.00
Affordable High Density Residential [2] $0.00 $0.00
Very Low Affordable High Density Residential [2] $0.00 $0.00 Nonresidential Uses [2]
Mixed Use (MU) [2]
per Taxable Acre
$0.00 $0.00
Business Professional (BP) [2] $0.00 $0.00
Community Commercial (CC) [2] $0.00 $0.00
Undeveloped Property $0.00 $0.00
att4
[1] This amount is subject to increase by the Tax Escalation Factor in each Fiscal Year following the Base Year as described in this RMA.
[2] If a Low Density Residential, Medium Density Residential or Affordable Medium Density Residential Parcel with a Special Tax is rezoned to a use with an identified Special Tax of $0 in this attachment, the Special Tax would be assigned to the Parcel using the provisions of Section 4 of this RMA.

Prepared by EPS 4/27/2022 Z:\Shared\Projects\SAC\222000\222045 Roseville Creekside CFD No 1 Annexation\Models\222045 model A-28

PROPOSED BOUNDARY MAP

CITY OF ROSEVILLE
CREEKVIEW COMMUNITIES FACILITIES DISTRICT NO. 1
(PUBLIC FACILITIES)

CITY OF ROSEVILLE PLACER COUNTY CALIFORNIA
BEING A PORTION OF SECTION 14, T.11 N., R.5 E., M.D.M.

SONIA OROZCO, CITY CLERK

CITY OF ROSEVILLE

PLACER COUNTY, CALIFORNIA
ON
THE DAY OF , 2022 BY IT'S RESOLUTION NO. .

SONIA OROZCO, CITY CLERK

CITY OF ROSEVILLE

PLACER COUNTY, CALIFORNIA
OF THE
COUNTY RECORDER OF THE COUNTY OF PLACER, STATE OF CALIFORNIA.

DOCUMENT NO.

PHILLIP ROAD
FEE:

BY:

RYAN RONCO

COUNTY RECORDER

COUNTY OF PLACER
LEGEND
EXISTING BOUNDARY OF IMPROVEMENT AREA NO. 1

PROPOSED CFD BOUNDARY AND
BOUNDARY OF IMPROVEMENT AREA NO. 2

AREAS OF FUTURE ANNEXATION
MAY 2022
SHEET 1 OF 1 18431.CFD
A-29

WESTBROOK

BOULEVARD

COUNCIL COMMUNICATION
CC #: 2095
File #: 0800-02
Title:

Sanitary Survey Update of the American River Watershed Area – Memorandum of Understanding
Contact: Stephen Peterson 916-746-1996 [email protected] Meeting Date: 6/1/2022
Item #: 7.9.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to authorize the City Manager to execute a Memorandum of Understanding (MOU) regarding contracting and apportionment of costs for a sanitary survey update of the American River Watershed area and related activities.

BACKGROUND
The purpose of this MOU is to memorialize an agreement and understanding of the Parties with respect to apportionment of costs for the 2023 Watershed Sanitary Survey Update of the American River Watershed Area (“Update”), for technical memoranda related to the Update but not included in it, and for optional source water protection follow-up activities related to the Update recommendations.

The Parties each are required by the State Water Resources Control Board, Division of Drinking Water to comply with regulations passed in June 1991 requiring all water suppliers using surface water sources to complete a sanitary survey of their respective watershed(s) and to provide an update report every five years (see California Code of Regulations, Title 22, Division 4, Chapter 17, Article 7, §64665).

This Update also will be used to complete the watershed portion of the sanitary survey required for all surface water users as part of the Federal Interim Enhanced Surface Water Treatment Rule passed in December 1998 (see Federal Register, Vol. 63, No. 241, December 16, 1998, pp. 69478 et seq., amended Jan. 16, 2001, 66 Fed. Reg. 3770).

The Parties believe it to be in their best interests, as well as the public’s best interest, to enter into a contract with a consultant to conduct the Update and to cooperatively and jointly share in the cost of this Update and of technical memoranda related to the Update but not included in it.

Some of the Parties also may desire to share costs of optional source water protection follow-up activities.

Staff recommends that the City Council authorize the City Manager to execute a Memorandum of Understanding regarding contracting and apportionment of costs for a Sanitary Survey Update of the American River Watershed area and related activities. The City of Roseville, City of Sacramento, Carmichael Water District, City of Folsom, East Bay Municipal Utility District, El Dorado Irrigation District, Folsom State Prison, Georgetown Divide Public Utility District, Golden State Water Company, Placer County Water Agency, Sacramento County Water Agency, and San Juan Water District are party to this collaborative agreement.

FISCAL IMPACT
The total cost for this Update will not exceed $250,200, with the City's allocated share being $21,610. Roseville’s share will be paid from the existing budget within the Water Utility, from the Water Treatment and Storage cost center budget funded from the Water Operations Fund, which receives revenue from water utility sales.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to feasibility and planning studies for possible future actions which the agency has not approved or funded (CEQA Guidelines §15262). Because the American River Watershed Sanitary Survey only authorizes a study of the watershed, it is statutorily exempt from CEQA review.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Respectfully Submitted,
Stephen Peterson, Water Treatment Plant Chief Operator
Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 22-183
2023ARWSS MOU
RESOLUTION NO. 22-183

APPROVING A MEMORANDUM OF UNDERSTANDING, BY AND BETWEEN THE

CARMICHAEL WATER DISTRICT, THE CITY OF FOLSOM, THE CITY OF

SACRAMENTO, EAST BAY MUNICIPAL UTILITY DISTRICT, EL DORADO

IRRIGATION DISTRICT, FOLSOM STATE PRISON, GEORGETOWN DIVIDE PUBLIC

UTILITY DISTRICT, GOLDEN STATE WATER COMPANY, PLACER COUNTY WATER

AGENCY, SACRAMENTO COUNTY WATER AGENCY, SAN JUAN WATER DISTRICT

AND THE CITY OF ROSEVILLE, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a Memorandum of Understanding Regarding Contracting and Apportionment of Costs for a Sanitary Survey Update of the American River Watershed Area and Related Activities, by and between the Carmichael Water District, the City Of Folsom, the City Of Sacramento, East Bay Municipal Utility District, El Dorado Irrigation District, Folsom State Prison, Georgetown Divide Public Utility District, Golden State Water Company, Placer County Water Agency, Sacramento County Water Agency, San Juan Water District and the City Of Roseville, has been reviewed by the City Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Memorandum of Understanding is approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.

PASSED AND ADOPTED by the City Council of the City of Roseville this _______ day of __________________, 20___, by the following vote on roll call:

AYES COUNCIL MEMBER:

NOES COUNCIL MEMBER:

ABSENT COUNCIL MEMBER:
___________________________
Mayor
ATTEST:
________________________
City Clerk
Memorandum of Understanding 2023 Sanitary Survey Update Page 1 of 21 of the American River Watershed Area

MEMORANDUM OF UNDERSTANDING

REGARDING CONTRACTING AND APPORTIONMENT OF COSTS FOR

A SANITARY SURVEY UPDATE OF

THE AMERICAN RIVER WATERSHED AREA AND RELATED ACTIVITIES This Memorandum of Understanding (”MOU”) is entered into on _____________, 2022, by and between Carmichael Water District (“CWD”), the City of Folsom (“Folsom”), the City of Roseville (“Roseville”), the City of Sacramento (“Sacramento”), East Bay Municipal Utility District (“EBMUD”), El Dorado Irrigation District (“EID”), Folsom State Prison (”FSP”), Georgetown Divide Public Utility District (“GDPUD”), Golden State Water Company (“GSWC”), Placer County Water Agency (“PCWA”), Sacramento County Water Agency (“SCWA”), and San Juan Water District (“SJWD”), each referred to herein as a “Party” and collectively referred to herein as the “Parties”.

RECITALS
A. The purpose of this MOU is to memorialize an agreement and understanding of the Parties with respect to apportionment of costs for the 2023 watershed sanitary survey update of the American River Watershed Area (“Update”), for technical memoranda related to the Update but not included in it, and for optional source water protection follow-up activities related to the Update recommendations.

B. The Parties each are required by the State Water Resources Control Board, Division of Drinking Water to comply with regulations passed in June 1991 requiring all water suppliers using surface water sources to complete a sanitary survey of their respective watershed(s) and to provide an update report every five years (see California Code of Regulations, Title 22, Division 4, Chapter 17, Article 7, §64665).

C. This Update also will be used to complete the watershed portion of the sanitary survey required for all surface water users as part of the Federal Interim Enhanced Surface Water Treatment Rule passed in December 1998 (see Federal Register, Vol. 63, No. 241, December 16, 1998, pp. 69478 et seq., amended Jan. 16, 2001, 66 Fed. Reg. 3770).

D. The Parties believe it to be in their best interests, as well as the public’s best interest, to enter into a contract with a consultant to conduct the Update and to cooperatively and jointly share in the cost of this Update and of technical memoranda related to the Update but not included in it.

E. Some of the Parties also may desire to share costs of optional source water protection follow-up activities.

NOW THEREFORE, in consideration of the mutual obligations set forth herein, the Parties agree as follows:

Memorandum of Understanding 2023 Sanitary Survey Update Page 2 of 21 of the American River Watershed Area

1. Technical Committee: The Parties hereby form a Technical Committee consisting of one representative of each of the Parties, as identified on the list titled: “American River Watershed Sanitary Survey 2023 Update - Representatives”, attached hereto as Exhibit A and fully incorporated herein by this reference. A named representative may designate an individual to act on the representative’s behalf for a specified time.

The purpose of the Technical Committee will be: a) to share information related to the technical work for the Update; b) to review consultant progress reports and work products for the Update; c) to discuss consultant recommendations concerning the Update; d) to consider optional source water protection follow-up activities related to the Update; and e) to take such other action as the Technical Committee deems appropriate to further the interests of the Parties related to the Update.

The Technical Committee shall meet as needed, at such times and places as the Technical Committee may agree. The Technical Committee serves the limited purposes set forth above and shall be dissolved once the specific tasks set forth in this Update have been completed. Attendance at meetings may be in person, by telephone, by video conference, or by any other means agreed to by a majority of the Parties’ representatives.

2. Decisions of Technical Committee: A minimum of 7 representatives shall constitute a quorum which shall be necessary for the Technical Committee to take action at any meeting.

The Parties expect and intend those decisions of the Technical Committee will be made by unanimous agreement of the representatives present at the meetings, except that in the event of disagreement over any decision, the representatives present will vote to resolve the disagreement, with each representative having one vote, and the vote of the majority of representatives present will be the decision of the Technical Committee.

If a decision cannot be made by consensus or majority vote, as described above, then a meeting will be held between the representatives listed in Exhibit A to resolve the disagreement.

3. Selection of Consultant: Sacramento will act as the lead agency in selecting and contracting with one or more consultants to complete the Update and prepare technical memoranda related to the Update but not included in it. Selection will be in accordance with standard City of Sacramento consultant selection procedures.

Sacramento’s professional services agreement will require the consultant to: (a) carry professional liability insurance; and (b) name the other parties to this MOU as additional insureds, and indemnify the other parties to this MOU, to the same extent that the consultant is required to name Sacramento as an additional insured and indemnify Sacramento. At any Party’s request, Sacramento shall provide a copy of any agreement, procedure, or other related material, whether draft or final.

Memorandum of Understanding 2023 Sanitary Survey Update Page 3 of 21 of the American River Watershed Area

4. Cost Sharing, Invoices: Sacramento will be responsible for administering all contracts for consultant services to perform the Update and to prepare technical memoranda related to the Update but not included in it. It is understood and agreed, however, the Parties shall each pay a percentage of the contract amount. The Parties also shall share project management costs incurred by Sacramento for activities of mutual benefit to the Parties, such as contract management, agency coordination, and oversight of the consultant, in a total amount not to exceed $10,000. The Parties’ percentage shares for the consultant contract(s) and for the Sacramento project management costs for activities related to the Update and any technical memoranda related to the Update but not included in it, as well as the not-to-exceed amounts are set forth in Exhibit B, attached hereto and incorporated by this reference.

Consistent with Exhibit B, (i) the estimated project costs for the Update and any technical memoranda related to the Update but not included in it, including the project management costs described above, are approximately $222,200; and (ii) this MOU provides for an additional $28,000 to provide a contingency for unforeseen additional costs and a reasonable range of potential consultant costs for the Update.

Sacramento will invoice the other Parties in arrears for consultant and project management costs. Within 45 days of invoice(s) receipt each Party shall remit its percentage share of the invoice(s) to reimburse Sacramento for payment of the consultant and project management costs. Sacramento will make all reasonable efforts to provide invoices on a quarterly basis.

Copies of consultant invoices will be distributed to the Technical Committee representatives at the time of invoicing for partner agency cost share, or upon request at any time. In the event one or more Parties believe an invoice should not be paid in whole or in part, the dispute shall be resolved by the Technical Committee as set forth in Section 2 herein.

The Parties agree to exercise good faith and diligence in the resolution of any disputed invoice amounts; provided, however, that notwithstanding any provision contained herein (except Section 5 of this MOU), Sacramento shall be reimbursed by each of the other Parties for their respective percentage share of any and all money ultimately paid to the consultant by Sacramento and project management costs incurred by Sacramento, subject to the provisions of this Section 4 and the price ceiling specified in Section 5.

The Parties’ percentage shares set forth in Exhibit B may only be changed by amendment to this MOU as provided in Section 9, below.

5. Price Ceiling: In no case shall the total costs shared pursuant to Section 4 of this MOU exceed $250,200, except by amendment of this MOU. This price ceiling shall not apply to costs for supplemental tasks requested and agreed to by, and for the Memorandum of Understanding 2023 Sanitary Survey Update Page 4 of 21 of the American River Watershed Area
benefit of, fewer than all of the agencies listed on Exhibit B. Any supplemental tasks will be provided for and agreed to by separate written agreement. The Scope, Schedule, and Budget Summary for the Update and for technical memoranda related to the Update but not included in it is set forth in in row A of Exhibit C, attached hereto and incorporated by this reference.

6. Additional Cost Sharing: Based on the results of the Update, the Parties may wish to share in the costs of optional joint source water protection follow-up activities. By way of example only, the Parties may wish to agree to:
 Watershed activities of mutual interest that benefits all parties to this MOU.  Watershed activities on the Lower American River that benefits CWD, Sacramento, EBMUD, GSWC, and SCWA.
 Watershed activities that benefit EBMUD and SCWA.

Participation in such activities shall be at the option of each Party, and for participating Parties such activities shall be conducted, and costs shall be shared as provided in this Section 6. For these activities, Sacramento will contract with the consultant(s) performing such activities and will provide project management and direction to such consultant(s), with input from the participating Parties’ Technical Committee representatives. Sacramento shall provide the participating Parties a proposed budget for these activities on an annual basis. A Party’s participation in such activities shall be confirmed in writing by the participating Party’s Technical Committee representative after receipt of the proposed annual budget. The costs of each such activity will be split evenly among the participating agencies that benefit from such activity.

The Scope, Schedule, and Budget Summary for the optional joint source water protection follow-up activities are set forth in rows B through F of Exhibit C.

Notwithstanding any other provision of this MOU, and consistent with Exhibit C, no participating Party shall be required to pay more than $30,000 during a fiscal year for its share of all optional joint source water protection follow-up activities under this Section 6, except as may be otherwise agreed in writing by each such participating Party. If requested by Sacramento, the Parties participating in an optional joint source water protection follow-up activity will each pay an equal share of the cost of Sacramento’s project management services for such activity, provided that such cost share shall not exceed $600 per participating Party for any given optional joint source water protection follow-up activity, except as may be otherwise agreed in writing by each such participating Party.

Sacramento will invoice in arrears the Parties participating in such additional activities for each Party’s share of the applicable consultant and project management costs.

Within 45 days of invoice receipt, each participating Party shall remit its payment of the invoice, to reimburse Sacramento for payment of consultant and project management Memorandum of Understanding 2023 Sanitary Survey Update Page 5 of 21 of the American River Watershed Area
costs. Sacramento will make all reasonable efforts to provide the invoices on a quarterly basis.

Copies of consultant invoices will be distributed to the participating Parties’ Technical Committee representatives on a quarterly basis, or upon request at any time. In the event one or more participating Parties believe an invoice should not be paid in whole or in part, the dispute shall be resolved by the participating Parties’ Technical Committee representatives, as set forth in Section 2 herein.

The Parties agree to exercise good faith and diligence in the resolution of any disputed invoice amounts; provided, however, that notwithstanding any provision contained herein, Sacramento shall be reimbursed by each of the other participating Parties for their respective share of any and all money ultimately paid to the consultant(s) by Sacramento for the performance of additional activities and project management costs incurred by Sacramento, subject to the provisions of this Section 6.

7. Notices: Any invoice, payment, notice or other written communication related to this MOU will be provided to those representatives identified on Exhibit A.

8. Term of MOU: This MOU shall be effective as of the date it is signed by all Parties and shall remain in effect until a new MOU is in place for the 2028 update to the American River watershed sanitary survey, until all services and contracts covered by this MOU have been completed and performed and all payments required under this MOU have been made, or until terminated by the mutual written agreement of all Parties, whichever occurs first.

9. Amendments: Any amendments to this MOU must be in writing and executed by all Parties.

10. Counterparts: This MOU may be executed by the Parties in separate counterparts, each of which when so executed and delivered to Sacramento shall be an original, but all such counterparts shall together constitute but one and the same instrument. After all Parties’ signature pages are returned to Sacramento, copies of the complete MOU will be mailed to each Party.

11. General Provisions: Each Party understands and agrees that there is no agency or joint venture relationship between the Parties. It is further understood and agreed by the Parties that notwithstanding anything contained herein, the employees of each Party shall continue to be entirely and exclusively under the direction, supervision, and control of the employing Party.

With the exception of the agreed cost sharing of Sacramento project management costs, each Party understands and agrees that any internal, in-house or administrative costs or expenses incurred by any Party related to that Party’s obligations under this MOU shall be the sole responsibility of the Party incurring the costs and expenses.

Memorandum of Understanding 2023 Sanitary Survey Update Page 6 of 21 of the American River Watershed Area
The Parties understand and agree that this MOU creates rights and obligations solely between the Parties and is not intended to benefit any other person or entity. No provision of this MOU shall in any way inure to the benefit of any person or entity not a party to this MOU so as to make such person or entity a third‐party beneficiary of this MOU or any of its terms.

If any provision of this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, but only to the extent that the intent of the Parties can be effectuated without the provision or provisions held invalid, void, or unenforceable.

The waiver by any Party to this MOU of any requirement, condition or provision of this MOU shall not be deemed a waiver of any subsequent breach of that or any other requirement, condition, or provision of this MOU.

The Parties represent that the undersigned individuals executing this MOU on their respective behalf are fully authorized to do so by law or other appropriate instrument and to bind the Parties to the obligations set forth herein.

This instrument and any attachments hereto constitute the entire MOU between the Parties concerning the subject matter hereof.
************************************
Memorandum of Understanding 2023 Sanitary Survey Update Page 7 of 21 of the American River Watershed Area

CARMICHAEL WATER DISTRICT (CWD)
Date: ____________________________ By: _______________________________ Cathy Lee, General Manager
ATTEST:
__________________________________

Memorandum of Understanding 2023 Sanitary Survey Update Page 8 of 21 of the American River Watershed Area
CITY OF FOLSOM (Folsom)
Date: ____________________________ By: ___________________________ Elaine Andersen, City Manager
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
_________________________________ _______________________________ Marcus Yasutake Steven Wang, City Attorney
Environmental and Water Resources Director
ATTEST: FUNDING AVAILABLE:
_________________________________ _______________________________ Christa Freemantle, City Clerk Stacey Tamagni, Finance Director

Memorandum of Understanding 2023 Sanitary Survey Update Page 9 of 21 of the American River Watershed Area
CITY OF ROSEVILLE (Roseville)
Date: __________________________ By: ___________________________ Dominick Casey, City Manager
APPROVED AS TO SUBSTANCE:
___________________________
Richard D. Plecker, P.E.

Environmental Utilities Director
ATTEST: APPROVED AS TO FORM:
________________________________ _______________________________ Carmen Avalos, City Clerk Michelle Sheidenberger, City Attorney Memorandum of Understanding 2023 Sanitary Survey Update Page 10 of 21 of the American River Watershed Area
CITY OF SACRAMENTO (Sacramento)
Date: ____________________________ By: ___________________________ William O. Busath, Director
ATTEST: APPROVED AS TO FORM:
__________________________________ _______________________________ Title Title
Memorandum of Understanding 2023 Sanitary Survey Update Page 11 of 21 of the American River Watershed Area

EAST BAY MUNICIPAL UTILITY DISTRICT (EBMUD)
Date: ____________________________ By: ___________________________ David A. Briggs, P.E., Ph.D.

Director of Operations and Maintenance
APPROVED AS TO FORM:

By: _____
for the Office of the General Counsel
Memorandum of Understanding 2023 Sanitary Survey Update Page 12 of 21 of the American River Watershed Area

EL DORADO IRRIGATION DISTRICT (EID)
Date: ____________________________ By: ___________________________ Jim Abercrombie, General Manager

APPROVED AS TO FORM:
_______________________________
Office of General Counsel

Memorandum of Understanding 2023 Sanitary Survey Update Page 13 of 21 of the American River Watershed Area

FOLSOM STATE PRISON (FSP)
Date: ___________________________ By: ___________________________ Kevin Arredondo, Chief
Institution Contracts Section
ATTEST: APPROVED AS TO FORM:
_________________________________ _______________________________ Title Title
Memorandum of Understanding 2023 Sanitary Survey Update Page 14 of 21 of the American River Watershed Area

GEORGETOWN DIVIDE PUBLIC UTILITY DISTRICT (GDPUD)
Date: ____________________________ By: ___________________________ Adam Coyan, General Manager
ATTEST:
__________________________________
Title
Memorandum of Understanding 2023 Sanitary Survey Update Page 15 of 21 of the American River Watershed Area

GOLDEN STATE WATER COMPANY (GSWC)
Date: ____________________________ By: ___________________________ Paul Schubert, General Manager
ATTEST:
__________________________________
Title
Memorandum of Understanding 2023 Sanitary Survey Update Page 16 of 21 of the American River Watershed Area

PLACER COUNTY WATER AGENCY (PCWA)
Date: _________________ By: __________________________________ Jeremy Shepard, Director of Technical Services

Memorandum of Understanding 2023 Sanitary Survey Update Page 17 of 21 of the American River Watershed Area

SACRAMENTO COUNTY WATER AGENCY (SCWA)
Date: ____________________________ By: ___________________________ Michael L. Peterson, Director
ATTEST: APPROVED AS TO FORM:
__________________________________ _______________________________ Title Title
Memorandum of Understanding 2023 Sanitary Survey Update Page 18 of 21 of the American River Watershed Area

SAN JUAN WATER DISTRICT (SJWD)
Date: ____________________________ By: ___________________________ Tony Barela, Operations Manager
ATTEST: APPROVED AS TO FORM:
__________________________________ _______________________________ Title Title

Memorandum of Understanding 2023 Sanitary Survey Update Page 19 of 21 of the American River Watershed Area
Exhibit A
American River Watershed Sanitary Survey 2023 Update - Representatives Mr. Cathy Lee
General Manager
Carmichael Water District
7837 Fair Oaks Blvd
Carmichael, CA 95608
(916) 483-2452
[email protected]
Mr. Marcus Yasutake
Environmental and Water Resources Director
City of Folsom
50 Natoma Street
Folsom, CA 95630
(916) 461-6161
[email protected]
Mr. Richard D. Plecker
Director of Environmental Utilities
City of Roseville
Environmental Utilities Department
2005 Hilltop Circle
Roseville, CA 95747
(916) 774-5714
[email protected]
Mr. Tony Bertrand
Engineering & Water Resources Division Manager
City of Sacramento
Department of Utilities
1395 35th Avenue
Sacramento, CA 95822
(916) 808-1461
[email protected]
David A. Briggs, P.E., Ph.D.

Director of Operations and Maintenance
East Bay Municipal Utility District
POB 24055, MS 606
Oakland, CA 94607-4240
[email protected]

Mr. Jim Abercrombie
General Manager
El Dorado Irrigation District
2890 Mosquito Road
Placerville, CA 95667
(530) 622-4513
[email protected]
Mr. John Heckman
Associate Warden Business Services
P.O. Box 910
Folsom, CA 95673
(916)985-2561
[email protected]
Mr. Adam Coyan
General Manager
Georgetown Divide PUD
6425 Main Street
Georgetown Ca 95634
530-333-4356
[email protected]
Mr. Paul T. Schubert
General Manager
Golden State Water Company
3005 Gold Canal Drive
Rancho Cordova, CA 95670
(916) 853-3636
[email protected]
Mr. Jeremy Shepard
Director of Technical Services
Placer County Water Agency
POB 6570
Auburn, CA 95604
(530) 823-2066
[email protected]

Mr. Michael L. Peterson
Director
Sacramento County Water Agency
827 7th Street, Room 301
Sacramento, CA 95816
(916) 874-6851
[email protected]

Mr. Tony Barela
Operations Manager
San Juan Water District
9935 Auburn-Folsom Road
Granite Bay, CA 95746
(916) 791-0115
[email protected]

Memorandum of Understanding 2023 Sanitary Survey Update Page 20 of 21 of the American River Watershed Area
Exhibit B
American River Watershed Sanitary Survey 2023 Update
Watershed Sanitary Survey Cost Sharing
Participating
Agencies
Cost Share (%)
Not to Exceed
Amount for
Sharing Costs of
Watershed
Sanitary Survey
Not to
Exceed
Amount for
Sharing
Costs of
Technical
Memoranda
(c)
Project Management
(Consultant and
Sacramento), and
Watershed Evaluation,
Water Quality Review,
Report Preparation
(Consultant)
(a)
Compliance
Evaluation
(Consultant)
(b)
CWD 8.33 10 $19,595 $2,000
City of Folsom 8.34 10 $19,610 $2,000
City of Roseville 8.34 10 $19,610 $2,000
City of
Sacramento

8.34 10 $19,610 $2,000
EBMUD 8.33 ----- $15,095 $2,000
EID 8.33 10 $19,595 $2,000
FSP 8.33 10 $19,595 $2,000
GDPUD 8.33 10 $19,595 $2,000
GSWC 8.33 10 $19,595 $2,000
PCWA 8.33 10 $19,595 $2,000
SCWA 8.33 ----- $15,095 $2,000
SJWD 8.34 10 $19,610 $2,000
Footnotes:
(a) Equal shares for consultant costs (for project management, watershed evaluation, water quality review, and report preparation), and for City of Sacramento project management costs. (b) Compliance evaluation costs split between ten participating agencies with intakes in the American River watershed.
(c) Cost sharing for technical memoranda related to the watershed sanitary survey but not included in it will be shared equally by those agencies that benefit from the technical memoranda. Additional funding may be approved and provided by any agency for specific additional services provided for that agency.

Memorandum of Understanding 2023 Sanitary Survey Update Page 21 of 21 of the American River Watershed Area
Exhibit C
American River Watershed Sanitary Survey 2023 Update
Scope, Schedule, and Budget Summary
Item Task Schedule (a), (b) Not to Exceed
Amount Per
Partner (c)
A American River Watershed Sanitary
Survey 2023 Update; Related Technical
Memoranda
August 2022-
approximately June
2024
See Exhibit B
B Optional source water protection
follow-up activities, including those
related to the American River Joint
Source Water Protection Program
(JSWP) and Keep Our Waters Clean
(KOWC) FY2024
July 2023-June 2024 $30,000
C Optional source water protection
follow-up activities, including those
related to the American River JSWP and
KOWC FY2025
July 2024-June 2025 $30,000
D Optional source water protection
follow-up activities, including those
related to the American River JSWP and
KOWC FY2026
July 2025-June 2026 $30,000
E Optional source water protection
follow-up activities, including those
related to the American River JSWP and
KOWC FY2027
July 2026-June 2027 $30,000
F Optional source water protection
follow-up activities, including those
related to the American River JSWP and
KOWC FY2028
July 2027-June 2028 $30,000
Footnotes:
(a) Additional years for the optional source water protection follow-up activities will be covered by this MOU until a new MOU is in place for the 2028 update to the American River Watershed Sanitary Survey. (b) Annual source water protection work may need to be completed after June of each year. (c) $30,000 is the annual ceiling cost per participating Partner for Items B-F, plus cost share of program management cost at option of City of Sacramento. A Party shall not be required to participate in cost sharing for Items B through F unless and until the Party’s representative confirms the Party’s participation and financial commitment in writing.

COUNCIL COMMUNICATION
CC #: 2104
File #: 0400-04-12-1
Title: Sierra Vista Specific Plan, Baseline Road Segment 4 - Reimbursement Agreement Contact: Matthew Todd 916-774-5562 [email protected] Meeting Date: 6/1/2022
Item #: 7.10.

RECOMMENDATION TO COUNCIL
Staff recommends City Council adopt a resolution to approve the Reimbursement Agreement with Anthem United Torrente Homes Limited Partnership and authorize the City Manager to execute it on behalf of the City of Roseville.

BACKGROUND
On May 19, 2010, City Council approved the Development Agreement (DA) for the Sierra Vista Specific Plan. The DA allows the developers of the Sierra Vista Specific Plan the opportunity to receive reimbursement for City roadway improvements along Baseline Road, including signalized intersection improvements, which are beyond the developer's obligations. Anthem United Torrente Homes Limited Partnership will be constructing Baseline Road Segment 4 of 8 and will be constructing the traffic signal located at the intersection of Baseline Road and Market Street. The City’s cost obligation for these improvements is $2,076,545.38. Funding for the City improvements on Baseline Road, including the traffic signal, is supplied through the City/County Traffic Mitigation Fund and the Sierra Vista Set-aside in the City’s Traffic Mitigation Fund. The City/County Traffic Mitigation Fund and the Sierra Vista Set-aside are funded by developer fees and are intended to specifically fund the capital improvements associated with Baseline Road and the Sierra Vista Specific Plan, respectively.

FISCAL IMPACT
The actions requested as part of this item will have no impact to the City's General Fund. This reimbursement agreement, in the amount of $2,076,545.38, is funded through the City/County Traffic Mitigation Fund and the Sierra Vista Set-aside in the City’s Traffic Mitigation Fund by developer-paid fees collected over time.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines §15061(b)(3)).

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Matthew Todd, Principal Engineer
Mike Isom, Development Services Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Vicinity Map
Resolution 22-188
Reimbursement Agreement

WESTBROOK
BLVD BASELINE ROAD City of Rocklin PLACER COUNTY SACRAMENTO COUNTY

FOOTHILLS BLVD BLVD
INDUSTRIAL BLVD BLUE OAKS SITE 8065 VICINITY MAP City of Roseville Placer County

FIDDYMENT ROAD

WOODCREEK OAKS BLVD
U.P.R.R.

U.P.R.R.

U.P.R.R. Roseville City Sierra Vista Specific Plan
Boundary West Roseville Specific Plan Area

WATT AVENUE PFE ROAD

COOK-RIOLO ROAD
Limits, typ.
(future)

SANTUCCI BLVD

PLEASANT GROVE

BLVDDOUGLAS BLVD CIRBY WAY RIVERSIDE
AVENUE

STANFORD
RANCH
ROAD
U.P.R.R. EUREKA ROAD

GALLERIA
BLVD
SUNSET
BLVD

ROSEVILLE
PKWY N.T.S. SUBDIVISION NO. PL20-0098 PARCEL DF-20
RESOLUTION NO. 22-188

APPROVING A CITY/DEVELOPER REIMBURSEMENT AGREEMENT, BY AND

BETWEEN THE CITY OF ROSEVILLE AND ANTHEM UNITED TORRENTE HOMES

LIMITED PARTNERSHIP, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT

ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a City/Developer Reimbursement Agreement for the Sierra Vista – Baseline road Segment 4 project, with Anthem United Torrente Homes Limited Partnership, has been reviewed by City Council.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said reimbursement agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville; and
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2022, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk

COUNCIL COMMUNICATION
CC #: 2096
File #: 0704
Title: Bus Transport Services - Agreement Amendment
Contact: Jeff Nereson 916-774-5974 [email protected] Meeting Date: 6/1/2022
Item #: 7.11.

RECOMMENDATION TO COUNCIL
Staff recommends that City Council adopt a resolution to approve the Fourth Amendment to Agreement between City of Roseville and Roseville Joint Union High School District regarding District Bus Transport Services and authorize the City Manager to execute it.

BACKGROUND
In 2014 the City of Roseville entered into an agreement with the Roseville Joint Union High School District to provide District bus transport services for off-site Parks, Recreation & Libraries program field trips. These value added field trips are part of our Adventure Camp, Camp Roseville, Teen Scene and summer SPARKS programs and will go to places such as the Sacramento Zoo, Roller King, Sunsplash and bowling. The current agreement allows for amendments by mutual written agreement by both parties.

FISCAL IMPACT
Costs for bus transport services are based on per hour and per mile rates, plus a 10% administrative fee, as outlined in the amendment. The cost for bus services are included in the approved FY2021-22 Parks, Recreation & Libraries budget and the proposed FY2022-23 budget, and will be included in future fiscal year budgets, and are fully offset by program revenues.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(b)(3) and §15378. Approval of this agreement meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal E - Deliver exceptional city services
Respectfully Submitted,
Jeff Nereson, Parks, Recreation & Libraries Manager
Jill Geller, Parks, Recreation & Libraries Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 22-184
Bus Transport Services Agreement
RESOLUTION NO. 22-184

APPROVING THE FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF

ROSEVILLE AND ROSEVILLE JOINT UNION HIGH SCHOOL DISTRICT, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT

ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a Fourth Amendment to Agreement Between City of Roseville and Roseville Joint Union High School District Regarding District Bus Transport Services, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Fourth Amendment is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.

PASSED AND ADOPTED by the Council of the City of Roseville this day of , 20 , by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk

FOURTH AMENDMENT TO

AGREEMENT BETWEEN CITY OF ROSEVILLE AND ROSEVILLE JOINT UNION

IDGH SCHOOL DISTRICT REGARDING DISTRICT BUS TRANSPORT SERVICES THIS FOU RTH AMENDMENT TO AGREEMENT is made and entered into this day of ____ , 20_, by and between the City of Roseville, a municipal corporation, (hereafter referred to as "T ransportation Services Purchaser" or "TSP"), and Roseville Joint Union High School District, a California public high school district (hereafter "RJUHSD"); and W,_ITN ES SE TH:

WH EREAS, TSP and RJUHSD previously entered into an Agreement dated June 4, 2014, amended on June 15, 2016, amended on June 7, 2017, and amended on June 20, 2018 ("A greement") regarding school bus transportation services; and WHEREAS, RJUHSD desires to amend the Agreement to update the rates for service.

NOW , THEREFORE, the parties agree as follows:

1. Exhibit "A" attached to the Agreement is hereby replaced with an amended Exhibit "A" ("Payment Schedule"), which is attached hereto to this Fourth Amendment and incorporated herein by this reference.

2. All other provisions of the Agreement shall remain unchanged and in full force and effect.
(\\Rosenet\rosenetdfil\CITY A TIORNEY\CYCOM\ WPOOCS\D022\p005\00066476.DOC:04/22/2022] IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Fourth Amendment to Agreement in duplicate by its City Manager and attested to by its City Clerk under the authority of Resolution No. ___ _, adopted by the Council of the City of Roseville on the_ day of ____ _, 20_, and RJUHSD has caused this Fourth Amendment to Agreement to be executed.

CITY OF ROSEVILLE, a
municipal corporation
BY: ---------- DO MIN IC K CASEY
City Manager
ATTEST:

BY: -----------

CARMEN AVALOS
City Clerk
APPROVED AS TO FORM:

BY: ------------

MICHELLE SHEIDENBERGER
City Attorney
APPROVED AS TO SUBSTANCE:
[\\Roscnct\rosenctd&\CITY

ROSEVILLE JOINT UNION HIGH
SCHOOL DISTRICT, a California High
School District
Assistant Superintendent
Business Services
ATIORNEY\CYCOM\WPDOCS\D022\POOS\00066476.DOC:04/22/2022) Exhibit "A"
Pavment Schedule. The TSP shall compensate RJUHSD for bus services according to the following schedule:
a. $44.81 per hour regular time, $52.65 per hour for overtime at time and a half, and $66. 73 per hour for double time on Sunday's. (Rates for overtime, time and a half, and Sunday double time are not eligible for the district-paid PERS contribution.)
b. $3.50 per mile each bus travels. All trip miles are computed starting and ending at the RJUHSD Transportation Department yard.
c. Administrative/Process - 10% will be added to all invoices to cover internal costs for administrating and processing the program.

These rates may be increased periodically by RJUHSD, via written notice to the TSP, at least 30 days prior to the effective date of such new rate(s).

P:\00\Business\Transportation\Department Only\Summer Contracts.doc