Cities Index.
Agenda packet

Roseville City Council
June 21, 2023

Document
Agenda packet
Meeting
June 21, 2023
Body
Roseville City Council
Pages
29
Original file
163.0 MB
Text extracted from the city's file for reading and search. Open the original on rosevilleca.api.civicclerk.com. That file is the official record.

DIVISION X ELECTRICAL WORK
86 GENERAL
Add to the list in the 2nd paragraph of section 86-1.02C(1) of the RSS for section 86-1.02C:

15. LIGHTING on pull box covers without CALTRANS for City parking lot and trail lighting system

16. ELECTRICAL on pull box covers without CALTRANS for City pedestrian crossing warning system Add to the end of section 86-1.02F(2)(a):

All conductors must be copper type.

Replace the RSS for the 2nd paragraph of section 86-1.02F(2)(c)(ii) with:

An equipment grounding conductor must be bare.

Replace the 1st sentence in the 15th paragraph of section 86-1.02P(2) with:

The interior of the enclosure must accept cable-in/cable-out circuit breakers. The circuit breakers must be mounted on nonenergized clips and vertically with the up position of the handle being the ON position.

SP-89
1/18/2023
The contract unit price paid per each for Install Street Light shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in the construction production, delivery, and installation of Street Lights, as specified in these Special Provisions, as specified in the Standard Specifications, as shown on the Plans, and as directed by the Engineer and no additional compensation shall be allowed therefor.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
87 ELECTRICAL SYSTEMS
Add to the beginning of section 87-1.03B(3)(a):

Use Type 3 conduit for underground installation.

Use Type 3, Schedule 80 conduit in a foundation; and between a foundation and the nearest pull box Replace the 3rd paragraph of section 87-1.03C(2)(a) of the RSS for section 87-1.03C with:

Install a pull box on a bed of crushed rock.

Replace the 2nd paragraph of section 87-1.03H(2) with:

Use Method B to insulate a splice.

A manufacturer's representative must program the accessible pedestrian signals for a mid-block crosswalk with the message <Darling Way> Cross with Caution.

Replace section 87-9 with:
87-9 PARKING LOT LIGHTING
87-9.01 GENERAL
87-9.01A Summary
Section 87-9 includes specifications for constructing parking lot lighting.

Parking lot lighting includes:

1. Foundations

2. Pull boxes

3. Conduit

4. Conductors

5. Standards

6. Luminaires

7. Service equipment enclosure

8. Photoelectric control

9. Fuse splice connectors
The components for parking lot lighting are shown on the project plans. 87-9.02 MATERIALS
The parking lot lighting LED luminaire shall be Lithonia D-Series Size 1, 70W LED luminaire. Model number shall be DSXILED-P2-30K-T3M-MVOLT-RPA.

The standard for single luminaire shall be 20’ height with 4” diameter round straight steel. Model number shall be RSS-20-4B-DM19-FINISH.

SP-90
1/18/2023
The standard for dual luminaire shall be 20’ height with 4” diameter round straight steel. Model number shall be RSS-20-4B-DM28-FINISH.

The color of luminaire housing and standard shall be determined by the City. 87-9.03 CONSTRUCTION
Submit the color sample of luminaire housing and standard to City of Roseville for approval before the order.
87-9.04 PAYMENT
Not Used
Replace section 87-10 with:
87-10 TRAIL LIGHTING
87-10.01 GENERAL
87-10.01A Summary
Section 87-10 includes specifications for constructing trail lighting.

Trail lighting includes:

1. Foundations

2. Pull boxes

3. Conduit

4. Conductors

6. Soffit luminaires

7. Service equipment enclosure

8. Photoelectric control

9. Fuse splice connectors
The components for trail lighting are shown on the project plans. 87-10.02 MATERIALS
The trail soffit luminaire shall be Gardco SVPG series, 22W LED surface-mounted soffit luminaire with house side shield and wire guard. Model number shall be SVPG-140L-450-WW-G2-PM-IR-UNV-BLIMR12-FINISH-HSS-WIRE GUARD or approved equal.

The color of luminaire housing shall be determined by the City. 87-10.03 CONSTRUCTION
Submit the color sample of luminaire housing to City of Roseville for approval before the order. 87-10.04 PAYMENT
Not Used
Replace section 87-11 with:
87-11 PEDESTRIAN CROSSING WARNING SYSTEM
87-11.01 GENERAL
87-11.01A Summary
Section 87-11 includes specifications for constructing pedestrian crossing warning system.

Pedestrian crossing warning system includes:

1. Foundations

2. Pull boxes

3. Conduit

4. Conductors
SP-91
1/18/2023

6. Solar Engines

7. LED blinkersigns

8. Accessible pedestrian signals

9. Roadside sign panels
The components for pedestrian crossing warning system are shown on the project plans. 87-11.02 MATERIALS
The pedestrian crossing warning system shall be Tapco Intergraded Blinkersign system, with 20 W solar panel and eight 1 wattage LED light on the blinker sign or approved equal. 87-11.03 CONSTRUCTION
Install electrical equipment as shown on the plans and these special provisions. 87-11.04 PAYMENT
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
88 RESERVED
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION XI MATERIALS
89 AGGREGATE
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
90 CONCRETE
Add to section 90-1.01C:
90-1.01C(11) Polymer Fibers
Submit fiber manufacturer's product data and instructions for use.

Submit a certificate of compliance for each shipment and type of fibers.

Add to section 90-1.02:
90-1.02K Polymer Fibers
Fibers must comply with ASTM D 7508. Microfibers must be from 1/2 to 2 inches long. Macrofibers must be from 1 to 2-1/2 inches long.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
SP-92
1/18/2023
91 PAINT
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
92 ASPHALT BINDERS
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
93 RESERVED
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
94 ASPHALTIC EMULSIONS
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
95 EPOXY
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
96 GEOSYNTHETICS
Add to section 96-1.02P:

Uniaxial geogrid must comply with the requirements shown in the following table:

Quality characteristics Test method Requirement
Tensile strength, 5% strain, (min, lb/ft) ASTM D6637 1,850 Tensile strength at ultimate, (min, lb/ft) ASTM D6637 3,970 UV resistance, retained tensile strength, 500 hours, (min, percent) ASTM D4355 95 Junction strength, (min, lb/ft) ASTM D7737 3,690
Flexural Stiffness (min, mg-cm) ASTM D7748 500,000
Maximum Allowable Strength for 120-year Design
Life (min, lb/ft)
--- 1,450
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
97–98 RESERVED
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ SP-93
1/18/2023

DIVISION XII BUILDING CONSTRUCTION
99 BUILDING CONSTRUCTION

APPENDIX A
Mitigation Monitoring Plan
City of Roseville
Dry Creek Greenway East Trail Project Final EIR 4-1
4 MITIGATION MONITORING PLAN

4.1 INTRODUCTION
Section 15097 of the California Environmental Quality Act (CEQA) Guidelines requires public agencies to adopt monitoring or reporting programs for projects approved by a public agency whenever approval of a project includes environmental findings related to significant or potentially significant environmental impacts where mitigation measures are adopted as part of the project.

The following is the Mitigation Monitoring Plan (MMP) for the Dry Creek Greenway East Trail Project.

The intent of the MMP is to prescribe the means for monitoring the implementation of the mitigation measures identified within the Draft EIR for this project.

4.2 MITIGATION MEASURES
The mitigation measures are taken from the Dry Creek Greenway East Trail Project Draft EIR, as modified by this Final EIR, if applicable, and are assigned the same number as in the Draft EIR. The MMP describes the actions that must take place to implement each mitigation measure, the timing of those actions, and the entities responsible for implementing and monitoring the actions.

4.3 ENVIRONMENTAL IMPACTS AND RECOMMENDED

MITIGATION MEASURES
The components of the attached table, which contains applicable mitigation measures, are addressed briefly, below.

Impact: This column summarizes the impact stated in the Draft EIR.

Mitigation Measure: All mitigation measures that were identified in the Dry Creek Greenway East Trail Project Draft EIR are presented and numbered accordingly.

Action: For every mitigation measure, one or more actions are described. The actions delineate the means by which the mitigation measures will be implemented, and, in some instances, the criteria for determining whether a measure has been successfully implemented. Where mitigation measures are particularly detailed, the action may refer back to the measure.

Implementing Party: This item identifies the entity that will undertake the required action.

Timing: Implementation of the action must occur prior to or during some part of project approval, project design or construction or on an ongoing basis. The timing for each measure is identified.

Monitoring Party: The City of Roseville is primarily responsible for ensuring that mitigation measures are successfully implemented. Within the city, a number of departments and divisions would have responsibility for monitoring some aspect of the overall project. Other agencies, such as state and federal resource agencies and the Placer County Air Pollution Control District, may also be responsible for monitoring implementation of certain permit conditions. As a result, more than one monitoring party may be identified.
4 Mitigation Monitoring Plan Ascent Environmental
City of Roseville
4-2 Dry Creek Greenway East Trail Project Final EIR
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party

4.2 Air Quality
Impact 4.2-1: Shortterm constructiongenerated emissions of ROG, NOX, PM10,
and PM2.5.

Mitigation Measure 4.2-1: Reduce construction-related NOX emissions.

Before approval of grading permits, the construction contractor shall submit for PCAPCD approval, a written calculation demonstrating that the fleet of heavy-duty (> 50 horsepower) off-road equipment used during the project’s construction, including owned, leased, and subcontractor vehicles, will achieve the necessary percent reduction in NOX emissions during all construction phases, and for any periods during which multiple phases would overlap, as to not exceed 82 lb/day. Acceptable options for reducing emissions may include reduction in the number of segments constructed in a single day, use of late model-year engines, low-emission renewable diesel fuel, engine retrofit technologies, and/or other effective options as recommended by PCAPCD at the time (see Appendix C of the PCAPCD 2017 CEQA Handbook [PCAPCD 2017:75] for additional options). The calculation shall be provided using PCAPCD’s Construction Mitigation Calculator.

Construction contractor
shall submit for PCAPCD
approval a written
calculation
demonstrating that the
heavy-duty off-road
equipment used during
the project’s construction,
will achieve the
necessary percent
reduction in NOX
emissions during all
construction phases.

Construction
Contractor
Prior to issuance
of grading
permits
Development
Services
Department

4.3 Biological Resources
Impact 4.3-1:

Disturbance and loss
of waters of the
United States, waters
of the state and
riparian habitat.

Mitigation Measure 4.3-1: Wetlands, Waters of the United States, and Water of the State.

This mitigation would apply for the Proposed Trail Alignment, Alignments Options 1A, 1C, and 5A.

The City shall implement the following measures to compensate for the loss of wetlands, waters of the United States, waters of the State, and riparian habitat:
a. The City shall submit a wetland delineation report to USACE and request a preliminary jurisdictional determination. Based on the jurisdictional determination, the City shall determine the exact acreage of waters of the United States and waters of the state that would be filled as a result of project implementation.

Submit a wetland
delineation report to the
United States Army
Corps of Engineers
(USACE) and request a
preliminary jurisdictional
determination
City of Roseville Prior to
construction
Development
Services
Department
Ascent Environmental 4 Mitigation Monitoring Plan
City of Roseville
Dry Creek Greenway East Trail Project Final EIR 4-3
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
b. The City shall replace on a “no net loss” basis (minimum 1:1 ratio) (in accordance with USACE, CDFW, and/or RWQCB) the acreage and function of all wetlands and other waters that would be removed, lost, or degraded as a result of project implementation. Wetland habitat shall be replaced at an acreage and location agreeable to USACE, CDFW, and the Central Valley RWQCB and as determined during the Section 401, Section 404 and Section 1602 permitting processes. The ratio of stream habitat restoration/replacement shall consider value for Central Valley steelhead and Chinook salmon (as discussed under Mitigation Measure

4.3-2). Habitat shall either be restored on the affected stream and within City property, or at an approved mitigation bank. In either instance, compensatory mitigation will be approved by USACE, CDFW, and RWQCB.

Replace the acreage and
function of all wetlands
and other waters that
would be removed, lost,
or degraded
City of Roseville Prior to
construction
Development
Services
Department
c. The City shall obtain a USACE Section 404 Individual Permit, RWQCB Section 401 certification, and a Section 1602 streambed alteration agreement from CDFW before any groundbreaking activity within 50 feet of any wetland or water of the United States. The City shall implement all permit conditions, which may include contributions to an approved wetland mitigation bank or through the development and implementation of a Compensatory Wetland, Stream and Riparian Mitigation and Monitoring Plan for creating or restoring in-kind habitat in the surrounding area. If mitigation credits are not available, stream and riparian habitat compensation shall include establishment of riparian vegetation on currently unvegetated bank portions of streams affected by the project and enhancement of existing riparian habitat through removal of nonnative species, where appropriate, and planting additional native riparian plants to increase cover, continuity, and width of the existing riparian corridor along streams in the project site and surrounding areas. The ratio of riparian restoration/replacement shall consider value for Central Valley steelhead and Chinook salmon (as discussed under Mitigation Measure 4.3-2) as well as City Protected trees and Oak Woodland Habitat (as discussed under Mitigation Measure 4.3-8). Construction activities and compensatory mitigation shall be conducted in accordance with the terms of a streambed alteration agreement as required under Section 1602 of the Fish and Game Code.

Obtain a USACE Section
404 Individual Permit,
RWQCB Section 401
certification, and a
Section 1602 streambed
alteration agreement
from the California
Department of Fish and
Wildlife (CDFW)
City of Roseville Prior to
groundbreaking
activity within 50
feet of any
wetland or water
of the United
States
Development
Services
Department
4 Mitigation Monitoring Plan Ascent Environmental
City of Roseville
4-4 Dry Creek Greenway East Trail Project Final EIR
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
d. The Compensatory Wetland, Stream and Riparian Restoration and Mitigation and Monitoring Plan shall include the following:

1. identification of compensatory mitigation sites and criteria for selecting these mitigation sites;

2. in kind reference habitats for comparison with compensatory wetland, stream, and riparian habitats (using performance and success criteria) to document success;

3. monitoring protocol, including schedule and annual report requirements (Compensatory habitat shall be monitored for a minimum of three (3) years from completion of mitigation, or human intervention (including recontouring and grading), or until the success criteria identified in the approved mitigation plan have been met, whichever is longer.);

4. ecological performance standards, based on the best available science and including specifications for native riparian plant densities, species composition, amount of dead woody vegetation gaps and bare ground, and survivorship (based on characteristics of the existing impacted habitat); at a minimum, compensatory mitigation planting sites must achieve 80 percent survival of planted riparian trees and shrubs by the end of the three-year maintenance and monitoring period or dead and dying trees shall be replaced and monitoring continued until 80 percent survivorship is achieved;

5. corrective measures if performance standards are not met;

6. responsible parties for monitoring and preparing reports; and

7. responsible parties for receiving and reviewing reports and for verifying success or prescribing implementation or corrective actions.

Prepare Compensatory
Wetland, Stream and
Riparian Restoration and
Mitigation and Monitoring
Plan
City of Roseville Prior to final
Compensatory
Wetland, Stream
and Riparian
Restoration and
Mitigation and
Monitoring Plan
approval
Development
Services
Department
Impact 4.3-2: Interfere
substantially with the
movement of Central
Valley steelhead and
Central Valley fall-run
Chinook salmon.

Mitigation Measure 4.3-2: Central Valley Steelhead and Central Valley fall-run Chinook Salmon
This mitigation would apply for the Proposed Trail Alignment, Alignment Options 1A, 1C, and 5A.

The City shall implement the following measures, developed based on past consultations with NMFS, to avoid, minimize and/or mitigate potential effects on Central Valley steelhead and Central Valley fall-run Chinook salmon.

Ascent Environmental 4 Mitigation Monitoring Plan
City of Roseville
Dry Creek Greenway East Trail Project Final EIR 4-5
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
a. Prior to the onset of work, the qualified biologist shall conduct a mandatory worker environmental awareness training. The training shall educate workers about the importance of avoiding impacts to Central Valley steelhead and Central Valley fall-run Chinook salmon and their habitat. The training shall also cover the relevant permit conditions and avoidance and minimization measures that protect sensitive species and habitats, as well as the penalties for non-compliance with state and federal laws, regulations, and permit requirements. The training shall include information about the life history and habitat requirements of Central Valley steelhead and Central Valley fall-run Chinook salmon and their potential to occur in the project site, as well as the terms and conditions of the Project’s Biological Opinions or other authorizing documents (i.e. letter of concurrence).

Hire a qualified biologist
to conduct mandatory
worker environmental
awareness training.

City of Roseville Prior to
construction
activities within
the creek banks
and channel
beds
Development
Services
Department
b. Construction activities occurring within creek banks and channel beds shall be limited to the low-flow period (typically June 15 - October 15), unless earlier or later dates are approved by CDFW and NMFS during consultation. By limiting in-water construction activities to this time period, the Project shall limit construction activities to periods when low flow depths and velocities within the project streams are less likely to support Central Valley steelhead or Central Valley fall-run Chinook salmon life stages including adult migration, spawning, and egg incubation periods.

Limit construction
activities within creek
banks and channel beds
City of Roseville During
construction
activities June
15 – October 15
Development
Services
Department
c. Fish screens or temporary stream diversion structures shall be installed to exclude Central Valley steelhead and Central Valley fall-run Chinook salmon from areas where in-water and near-water construction activities would be conducted. Installation of fish screens or temporary diversion structures shall prevent access to affected areas in the unlikely event that Central Valley steelhead or Central Valley fall-run Chinook salmon are present in the project streams during the low-flow period (June 15 - October 15).

Install fish screens or
temporary stream
diversion structures in
areas where in-water and
near-water construction
activities would be
conducted, per
Endangered Species Act
(ESA) Section 7
consultation.

City of Roseville During
construction
activities June
15 – October 15
Development
Services
Department
d. The City shall retain a qualified biologist to monitor the installation of fish screens or temporary stream diversion structures, as well as any other near or in-water construction activities (e.g., installation of RSP along Hire a qualified biologist
to monitor installation of
fish screens or temporary
City of Roseville During
construction
Development
Services
Department
4 Mitigation Monitoring Plan Ascent Environmental
City of Roseville
4-6 Dry Creek Greenway East Trail Project Final EIR
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
creek banks or below the OHWM, installation and removal of low water crossings, placement of new abutments, rock walls, gabions, and water diversions). Prior to the installation of fish screens or temporary stream diversion structures the biologist shall visually survey the in-water work area for Central Valley steelhead and Central Valley fall-run Chinook salmon.
stream diversion
structures, as well as any
other near or in-water
construction activities,
per ESA Section 7
consultation
activities June
15 – October 15
e. Once the biologist confirms that no Central Valley steelhead or Central Valley fall-run Chinook salmon are present in the in-water work area, fish screens or temporary diversion devices shall be installed in a downstream direction, installing the upstream fish screen or temporary diversion device. The biologist shall conduct a second visual survey before the downstream portion of the fish screen or temporary stream diversion is installed. If fish are present within the diversion area, the fish shall be guided out of the in-water work area with nets by the qualified biologist. The need for fish salvage is not anticipated because Central Valley steelhead or Central Valley fall-run Chinook salmon are not likely to be present in the project streams during the low-flow period (June 15 - October 15) – primarily because of excessive summer water temperatures that occur during this period in the project area. However, fish salvage (or relocation outside of the in-water work areas) shall be conducted as needed should fish be present.

Qualified biologist shall
conduct a second visual
survey and guide fish out
of the in-water work area
with nets, per ESA
Section 7 consultation.

City of Roseville During
construction
activities June
15 – October 15
Development
Services
Department
f. Before the onset of construction activities, high visibility orange construction fencing shall be installed along the perimeter of Environmentally Sensitive Areas under the supervision of the qualified biologist. Fencing shall be installed along the limits of construction in riparian habitat, minimizing the disturbance of or encroachment on sensitive aquatic and riparian habitats. The contractor shall maintain the project’s Environmentally Sensitive Area fencing for the duration of the project and remove it when the project is complete.

Install high visibility
orange construction
fencing along the
perimeter of
Environmentally
Sensitive Areas
City of Roseville Prior to
construction
activities within
the creek banks
and channel
beds
Development
Services
Department
g. Erosion control BMPs shall be implemented during construction to minimize the potential for erosion, and the mobilization of sediments to project waterways and be consistent with the Open Space Preserve Overarching Management Plan (and related USFWS Biological Opinion (81420-2008-F-1958-3). The following erosion and sediment control Implement erosion and
sediment control
measures
City of Roseville During
construction
Development
Services
Department
Ascent Environmental 4 Mitigation Monitoring Plan
City of Roseville
Dry Creek Greenway East Trail Project Final EIR 4-7
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
measures shall be implemented to prevent sedimentation and turbidity, as well as any identified in the SWPPP, 401, 404, or 1602 permits.

1. Soil exposure shall be minimized by limiting the area of construction and disturbance and through the use of temporary BMPs,
groundcover, and stabilization measures. These measures may include mulches, soil binders and erosion control blankets, silt fencing, fiber rolls, temporary berms, sediment de-silting basins, sediment traps, and check dams.

2. Pursuant to Section 13-4.03C(3) of the Caltrans Standard Specifications, water pollution control practices shall be implemented within 72 hours of stockpiling material or before a forecasted storm event, whichever occurs first. If stockpiles are being used, soil, sediment, or other debris shall not be allowed to enter storm drains, open drainages, and watercourses. Active and inactive soil stockpiles must be covered with soil stabilization.

3. Plastic mono-filament netting (erosion control matting) or similar material that could trap wildlife shall not be used. Acceptable substitutes include, but are not limited to, jute, coconut coir matting, or tackified hydroseeding compounds.

4. Energy dissipaters and erosion control pads shall be provided at the bottom of slope drains as needed. Other flow conveyance control mechanisms may include earth dikes, swales, or ditches. Stream bank stabilization measures shall also be implemented.

5. Existing vegetation shall be protected, to the extent feasible, to reduce erosion and sedimentation. Vegetation shall be preserved by installing temporary fencing, or other protection devices, around areas to be protected. Where complete removal is not necessary, vegetation shall be cut to ground level with the root systems left intact to prevent erosion and facilitate the recovery of riparian vegetation after project activities are complete.

6. Exposed soils shall be covered by loose bulk materials or other materials to reduce erosion and runoff during rainfall events.

7. Exposed soils shall be stabilized, through watering or other measures, to prevent the movement of dust at the project site 4 Mitigation Monitoring Plan Ascent Environmental
City of Roseville
4-8 Dry Creek Greenway East Trail Project Final EIR
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
caused by wind and construction activities such as traffic and grading activities.

8. All construction roadway areas shall be properly protected to prevent excess erosion, sedimentation, and water pollution.

9. The contractor shall conduct periodic maintenance of erosion and sediment control measures. All erosion and storm water control measures shall be properly maintained for the duration of the project. h. A Spill Prevention and Control Plan shall be developed and implemented by the City, or its contractor, for the duration of the project.

Pollution prevention and control BMPs shall be implemented during construction to minimize the risk of hazardous materials being released into waters in the project site. The following pollution and contamination prevention measures shall be implemented to prevent the release of hazardous materials during construction:

1. All equipment and materials shall be stored at least 50 feet from wetlands or waters in the project site unless the equipment is on established paved areas. If storage of equipment or materials within 50 feet of wetlands or waters in the project site is necessary, secondary containment shall be utilized to contain the equipment and materials and prevent discharge of any harmful substances into the soil or aquatic resources. Staging and storage areas for equipment, materials, fuels, lubricants, and solvents shall be located outside of the channel and banks of Dry Creek, Cirby Creek, Linda Creek, and Strap Ravine.

2. Secondary containment shall be provided for stationary equipment such as motors, pumps, generators, and compressors located within or adjacent to the Dry Creek, Cirby Creek, Linda Creek, and Strap Ravine. Any equipment or vehicles driven or operated within or adjacent to these creeks shall be checked and maintained daily to ensure proper working conditions to avoid potential impacts such as leaks.

3. No fueling, cleaning or maintenance of vehicles or equipment, or placement of construction debris, spoils or trash should occur within 50 feet of wetlands or waters in the project site unless it occurs in designated refueling/staging areas on existing paved surfaces with Develop and implement
a Spill Prevention and
Control Plan
Construction
contractor
Prior to
construction
Development
Services
Department
Ascent Environmental 4 Mitigation Monitoring Plan
City of Roseville
Dry Creek Greenway East Trail Project Final EIR 4-9
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
secondary containment in place. Refueling of equipment should occur at approved fuel locations. Contractor shall inspect all equipment/vehicles for leaks prior to use and should inspected regularly during Project inspection.

4. For work that is to occur on existing structures over open flowing portions of Dry Creek, Cirby Creek, Linda Creek, or Strap Ravine, a method of containment such as netting, tarps or similar catchments shall be utilized to catch debris or other potential construction materials and prevent such material from falling into the waters. i. Lighting design shall include measures to limit the amount of light “spill” on water surfaces at night that could lead to predation of juvenile salmonids. To minimize the effects of lighting on salmonids, the City shall prevent lighting that directly shines on the water surfaces of Dry Creek, Cirby Creek, and Linda Creek by minimizing the amount of lighting necessary to safely and effectively illuminate pedestrian areas on bridges and trails, and by shielding and focusing lights on the bridge and trail surfaces and away from water surfaces.

Design and install lighting
that does not directly
shines on the water
surfaces of Dry Creek,
Cirby Creek, and Linda
Creek
City of Roseville During project
construction
Development
Services
Department
j. The project shall avoid impacts to riparian vegetation where feasible, and shall incorporate restoration and enhancement of the riparian corridor into the final design plans and construction specifications and shall develop a riparian and restoration plan (RRP), as part of the Compensatory Wetland, Stream and Riparian Mitigation and Monitoring Plan discussed in Impact 4.3-1, Disturbance and loss of waters of the United States, and Mitigation Measure 4.3-1 that involves onsite enhancements and purchase of mitigation bank credits to compensate for permanent and temporal loss of riparian and SRA cover. The RRP shall include on-site measures such as enhancing riparian vegetation by the planting of native shrub, tree, and understory species to create a more diverse vegetation structure and thus a higher quality habitat for wildlife. The onsite measures in the RRP may also include the planting of willows and other fast-growing native riparian species, which can quickly compensate for the loss of riparian and SRA cover, and will be planted where erosion control (RSP, slope pavement etc.) is installed along stream banks. Permanent impacts to riparian vegetation can also be mitigated with the purchase of credits (1:1 for riparian and 1.7:1 for Avoid impacts to riparian
vegetation, incorporate
restoration and
enhancement of the
riparian corridor into the
final design plans and
construction
specifications, and
develop a riparian and
restoration plan
City of Roseville As required by
permit conditions
Development
Services
Department
4 Mitigation Monitoring Plan Ascent Environmental
City of Roseville
4-10 Dry Creek Greenway East Trail Project Final EIR
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
SRA cover), and 0.5:1 for temporal loss of riparian vegetation and SRA cover. Restoration and enhancement of the riparian vegetation in the project site (combined with mitigation bank credits) shall result in no net loss of riparian habitat acreage or function and shall increase the quality of habitat for Central Valley steelhead (including Critical Habitat), Central Valley fall-run Chinook salmon (including EFH), and shall be accomplished through development and implementation of the RRP.

Permanent impacts to riparian, including SRA, and waters of the United States shall be further analyzed and determined based on final design for each construction phase during Section 7 consultation as part of USACE Section 404 and CDFW Section 1602 permitting.
k. Construction techniques shall be implemented to isolate near shore work from waterbodies in the project site. It is anticipated that clear water diversion using a cofferdam or gravel bag berm with impermeable layer would be used. Isolating in-water construction areas behind cofferdams would minimize the potential for turbidity and suspended sediments from reaching levels that could harm Central Valley steelhead, degrade existing Critical Habitat, harm Central Valley fall-run Chinook salmon, or degrade existing EFH. The extent of cofferdam footprints and dewatering shall be kept to the minimum necessary to support construction activities, and creek flow shall not be interrupted or reduced as a result of construction activities. Any fill material used in association with the cofferdams, such as sandbag fill, shall be composed of washed, rounded, spawning-sized gravel between 0.4 and 4 inches in diameter.

If authorized by applicable state and federal permits, any of this gravel in contact with flowing water shall be left in place, and distributed manually with hand tools to allow passage for all life stages of fish. Installation and removal of cofferdams and/or gravel bag berms would be restricted to the summer low-flow period.

Isolate near shore work
from waterbodies by
clear water diversion
using a cofferdam or
gravel bag berm with
impermeable layer
City of Roseville Prior to
construction
activities within
the creek banks
and channel
beds
Development
Services
Department
Impact 4.3-3:

Disturbance or loss of
valley elderberry
longhorn beetle or its
habitat.

Mitigation Measure 4.3-3a: Avoidance and Minimization Measures The following measures shall be implemented to avoid or minimize effects to VELB and/or its habitat during construction of the proposed project. a. A worker awareness training program for construction personnel shall be conducted by a qualified biologist prior to beginning construction activities. The program shall inform all construction personnel about the A qualified biologist shall
conduct a worker
awareness training
City of Roseville Prior to
construction
activities within
Development
Services
Department
Ascent Environmental 4 Mitigation Monitoring Plan
City of Roseville
Dry Creek Greenway East Trail Project Final EIR 4-11
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
life history and status of the beetle, requirements to avoid damaging the elderberry plants, and the possible penalties for not complying with these requirements. Written documentation of the training shall be submitted to the USFWS within 30 days of its completion. program for construction
personnel, per ESA
Section 7 consultation
the creek banks
and channel
beds
b. If elderberry shrubs can be retained within the project footprint, the City shall avoid indirect impacts by implementing the following measures, to the extent feasible, or equivalent measures agreed to in consultation with USFWS. Minimization measures include:

1. Avoidance Area. An avoidance area shall be established at least 20 feet from the drip-line of an elderberry shrub for any activities that may damage or kill the elderberry shrub (e.g., trenching, paving, etc.).

2. Fencing. All areas to be avoided during construction activities shall be fenced and/or flagged as close to construction limits as feasible.

3. Signage. Signage shall be posted every 50 feet along the buffer area with the following information, “This area is habitat of the valley elderberry longhorn beetle, a threatened species, and must not be disturbed. This species is protected by the Endangered Species Act of 1973, as amended. Violators are subject to prosecution, fines, and imprisonment.” The signs shall be clearly readable from a distance of 20 feet and must be maintained for the duration of construction.

4. Timing. To the extent feasible, all activities that could occur within 165 feet of an elderberry shrub, shall be conducted outside of the VELB flight season (March - July).

5. Erosion Control and Revegetation. Erosion control measures will be implemented to restore areas disturbed within 165 feet of elderberry shrubs and the affected area will be re-vegetated with appropriate native plants.

6. Chemical Usage. Herbicides will not be used within the drip-line of the shrub. Insecticides will not be used within 100 feet of an elderberry shrub. All chemicals will be applied using a backpack sprayer or similar direct application method.

Implement minimization
measures including,
avoidance, fencing,
signage, timing, erosion
control and revegetation,
chemical usage, mowing,
surveys, monitoring,
protection and
management plan, per
ESA Section 7
consultation
City of Roseville Prior to
construction
activities within
the creek banks
and channel
beds
Development
Services
Department
4 Mitigation Monitoring Plan Ascent Environmental
City of Roseville
4-12 Dry Creek Greenway East Trail Project Final EIR
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party

7. Mowing. Mechanical weed removal within the drip-line of the shrub shall be limited to the season when adults are not active (August - February) and shall avoid damaging the elderberry.

8. Pre-construction and post-construction surveys. Pre-construction surveys shall document compliance with mitigation measures. The post-construction survey shall confirm that there was no additional damage to any of the elderberry shrubs than as described in this document.

9. Construction monitoring. A qualified biologist shall monitor the work area at project-appropriate intervals to assure that all avoidance and minimization measures are implemented. The amount and duration of monitoring will depend on the project specifics and shall be discussed with a USFWS biologist.

10. Elderberry Shrub Protection and Management Plan. The City will develop as part of the Section 7 consultation process with USFWS for the Dry Creek Greenway Multi-Use Trail project an elderberry shrub protection and management plan that will include how the buffer areas are to be protected, restored, and maintained after construction is completed and the City will ensure that grounddisturbing activities on the project site do not alter the hydrology for shrubs to be protected or otherwise affect the likelihood of vigor or survival of elderberry shrubs. The Elderberry Shrub Protection and Management Plan shall be consistent with the City’s Open Space Preserve Overarching Management Plan.

Mitigation Measure 4.3-3b: Removing/Transplanting Individual Elderberry Shrubs
a. Elderberry shrubs that are in the path of construction activities and cannot be avoided shall be removed and if feasible, transplanted, according to Table 4.3-5. A Biological Opinion from USFWS will be obtained prior to removal or transplanting of elderberry shrubs. Removal of a shrub may either include the roots or just the removal of the aboveground portion of the plant. If feasible, the entire root ball shall be removed, and the shrub transplanted.
b. Elderberry shrubs requiring removal shall be transplanted as close as feasible to its original location within City-owned property or as approved Remove or transplant
elderberry shrubs that
are in the path of
construction activities,
per Section 7
consultation.

Obtain a Biological
Opinion prior to removal
or transplanting of
elderberry shrubs
City of Roseville Prior to
construction or
as required by
permit conditions
Development
Services
Department
Ascent Environmental 4 Mitigation Monitoring Plan
City of Roseville
Dry Creek Greenway East Trail Project Final EIR 4-13
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
by USFWS. Elderberry shrubs may be relocated adjacent to the project footprint if: 1) the planting location is suitable for elderberry growth and reproduction; and 2) the City is able to provide long-term protection to the shrub and ensure that the shrub becomes reestablished. c. If these criteria cannot be met, the shrub may be transplanted to an appropriate USFWS-approved mitigation site.
d. Any elderberry shrub that is unlikely to survive transplanting because of poor condition or location, or a shrub that would be extremely difficult to move because of access problems, may not be appropriate for transplanting. The following transplanting guidelines shall be used to guide removal and transplanting of elderberry shrubs on the project site:

1. A qualified biologist shall be on-site for the duration of transplanting activities to assure compliance with avoidance and minimization measures and other conservation measures.

2. Exit-hole surveys shall be completed immediately before transplanting. The number of exit holes found, GPS location of the plant to be relocated, and the GPS location of where the plant is transplanted shall be reported to the USFWS and to the California Natural Diversity Database (CNDDB).

3. Elderberry shrubs shall be transplanted when the shrubs are dormant (November through the first two weeks in February) and after they have lost their leaves. Transplanting during the nongrowing season will reduce shock to the shrub and increase transplantation success.

4. Transplanting shall follow the most current version of the ANSI A300 (Part 6) guidelines for transplanting (http://www.tcia.org/).

Table 4.3-5 Mitigation for Loss of Individual Shrubs
According to Preliminary Project Design
Shrub
ID
Proposed
Trail
Alignment
Alignment
Option 1A
Alignment
Option 1C
Alignment
Option 5A
ES24 Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
ES25 Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
4 Mitigation Monitoring Plan Ascent Environmental
City of Roseville
4-14 Dry Creek Greenway East Trail Project Final EIR
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
ES26 Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
ES31 Transplant if
feasible
No Impact Transplant if
feasible
Transplant if
feasible
ES32 Transplant if
feasible
No Impact No Impact Transplant if
feasible
ES33 Transplant if
feasible
No Impact Transplant if
feasible
Transplant if
feasible
ES34 Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
ES35 Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
ES36 Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
ES37 Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
ES38 Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
ES39 Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
ES40 Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
ES41 Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
ES42 Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
Transplant if
feasible
Mitigation Measure 4.3-3c: Compensatory Mitigation for Loss of Riparian Habitat
a. The following compensatory mitigation addresses impacts to VELB habitat through compensating for the permanent loss of riparian habitat within 165 feet of elderberry shrubs. Table 4.3-6 lists the total riparian habitat that is anticipated to be lost, according to the preliminary project design, and the corresponding credits that shall be purchased to replace habitat lost at a 3:1 ratio, as outlined in the VELB framework (USFWS Compensate for the
permanent loss of
riparian habitat within
165 feet of elderberry
shrubs at a 3:1 ratio, or
similar ratio agreeable to
the USFWS, per ESA
Section 7 consultation
City of Roseville Prior to
construction or
as required by
permit conditions
Development
Services
Department
Ascent Environmental 4 Mitigation Monitoring Plan
City of Roseville
Dry Creek Greenway East Trail Project Final EIR 4-15
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
2017b). The exact amount of compensation shall be as agreed to by USFWS, per Section 7 consultation under the Federal Endangered Species Act.

Table 4.3-6 Potential Valley Elderberry Longhorn
Beetle Habitat-Level Compensation
Project
Alternative
Options
Compen
sation
Ratio
Loss of
Riparian
Habitat
(acres)
Acres of
Credit1
Total Credit
Purchase2
Proposed
Trail
Alignment
3:1 1.22 3.66 89
Alignment
Option 1A
3:1 0.89 2.67 65
Alignment
Option 1C
3:1 1.41 4.23 103
Alignment
Option 5A
3:1 1.22 3.66 89
1 Acre(s) of credit = Compensation Ratio X Total Acres of Riparian Habitat Permanently Lost within 165 Feet of Elderberry Shrubs 2 Formula for Credit Purchase: 1 credit = 0.041 acres
b. If the City chooses not to purchase credits at a USFWS-approved bank, they shall follow USFWS requirements for providing a permanent conservation area that meets USFWS criteria and approval, as described in the VELB Framework (USFWS 2017b).

Mitigation Measure 4.3-3d: Consultation with USFWS
Caltrans, as the federal designated agency, will consult with USFWS under Section 7 of ESA for approval of transplanting and compensatory measures outlined in Mitigation Measures 4.3-3b and 4.3-3c prior to project construction.

Consult with USFWS for
approval of transplanting
and compensatory
measures
Caltrans and City
of Roseville
Prior to
construction
Development
Services
Department
4 Mitigation Monitoring Plan Ascent Environmental
City of Roseville
4-16 Dry Creek Greenway East Trail Project Final EIR
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
Impact 4.3-4:

Disturbance or loss of
Swainson’s hawk,
white-tailed kite, and
other nesting raptors.

Mitigation Measure 4.3-4: Nesting Raptors
This mitigation would apply for the Proposed Trail Alignment, Alternative Alignments 1A, 1C, and 5A.

The following measures shall be implemented to avoid, minimize and fully mitigate impacts to Swainson’s hawk, white-tailed kite, as well as other raptors.
a. For project activities, including tree removal, that begin between February 15 and September 15, a qualified biologist shall conduct preconstruction surveys for nesting raptors and to identify active nests on and within 0.25 mile of the project site with direct line of sight from public access areas with the use of binoculars and spotting scopes to the proposed work areas. The surveys shall be conducted before the beginning of any construction activities between February 15 and September 15.

If trees are removed
between February 15
and September 15, hire a
qualified biologist to
conduct preconstruction
surveys
City of Roseville Prior to tree
removal or start
of construction
activities
Development
Services
Department
b. The City shall attempt to initiate upland construction activities before the nest initiation phase (i.e., before February 15). If breeding raptors establish an active nest site, as evidenced by nest building, egg laying, incubation, or other nesting behavior, near the construction area, they shall not be harassed or deterred from continuing with their normal breeding activities.

Initiate upland
construction activities
before the nest initiation
phase
City of Roseville During
construction
Development
Services
Department
c. Impacts to nesting raptors shall be avoided by establishing appropriate buffers around active nest sites identified during preconstruction raptor surveys. No project activity shall commence within the buffer areas until a qualified biologist has determined the young have fledged, the nest is no longer active, or reducing the buffer, in coordination with CDFW, would not likely result in nest abandonment. CDFW guidelines recommend implementation of 500 feet for raptors, but the size of the buffer may be adjusted if a qualified biologist and the City, in consultation with CDFW, determine that such an adjustment would not likely adversely affect the nest. Monitoring of the nest by a qualified biologist during construction activities shall be required if the activity has potential to adversely affect the nest.

Establish appropriate
buffers
City of Roseville Prior to tree
removal or start
of construction
activities
Development
Services
Department
Ascent Environmental 4 Mitigation Monitoring Plan
City of Roseville
Dry Creek Greenway East Trail Project Final EIR 4-17
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
d. Trees shall not be removed during the breeding season for nesting raptors unless a survey by a qualified biologist verifies that there are not active nests within the trees or within 500 feet of the trees proposed to be removed. Loss of trees that provide potential nesting habitat shall be compensated by planting replacement trees according to Mitigation Measure 4.3-1 (wetlands/riparian trees) and Mitigation Measure 4.3-8 (protected oak trees).

Nesting habitat shall be
compensated by planting
replacement trees
according to Mitigation
Measure 4.3-1 and
Mitigation Measure 4.3-8
City of Roseville Postconstruction
activities as part
of Riparian
Restoration Plan
Development
Services
Department
Impact 4.3-5:

Disturbances to
special-status song
birds.

Mitigation Measure 4.3-5: Special-status birds
This mitigation would apply for the Proposed Trail Alignment, Alignment Option 1A, 1C, and 5A.

The following measures shall be implemented and are intended to avoid, minimize, and fully mitigate impacts to nesting special-status birds. a. The City shall ensure that before any ground-disturbing project activities begin for a given proposed trail segment, a qualified biologist shall identify potential habitat for nesting special-status bird species in areas that could be affected during the breeding season by construction.

Hire a qualified biologist
to identify habitat for
nesting special-status
bird species.

City of Roseville Prior to ground
disturbance or
tree removal
Development
Services
Department
b. If vegetation removal or other disturbance related to construction of the trail segment is required during the nesting season, focused surveys for active nests of special-status birds shall be conducted before and within 5 days of initiating construction by a qualified biologist. The appropriate area to be surveyed and timing of the survey may vary depending on the activity and species that could be affected. If no active nests are found during focused surveys, no further action under this measure shall be required.

Focused surveys for
active nests of specialstatus birds shall be
conducted.

City of Roseville Before and
within 5 days of
initiating
construction
Development
Services
Department
c. If an active special-status bird nest is located during the preconstruction surveys, the biologist shall notify the City and the City shall notify CDFW.

Construction shall be prohibited within a minimum of 25 feet of the nest to avoid disturbance until the nest is no longer active.

Notify CDFW;
construction shall be
prohibited within 25 feet
of the nest.

City of Roseville During
preconstruction
surveys
Development
Services
Department and
CDFW
d. If construction stops for more than 5 days during the nesting season, a follow up survey shall be conducted to make sure that no birds moved into the area and started nesting.

Conduct follow up survey City of Roseville If construction stops for more
than 5 days
Development
Services
Department
4 Mitigation Monitoring Plan Ascent Environmental
City of Roseville
4-18 Dry Creek Greenway East Trail Project Final EIR
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
Impact 4.3-6:

Disturbance or loss of
Western pond turtle.

Mitigation Measure 4.3-6: Western Pond Turtle.

This mitigation would apply for the Proposed Trail Alignment, Alignment Options 1A, 1C, and 5A.
a. Implement Mitigation Measure 4.3-1.

Submit a wetland
delineation report to
USACE and request a
preliminary jurisdictional
determination
City of Roseville Prior to
construction
Development
Services
Department
b. Before ground disturbance, all onsite construction personnel shall be instructed by a qualified biologist regarding the potential presence of western pond turtle, the importance of avoiding impacts on this species and its habitat, and recognition of western pond turtle and its habitat(s).

Hire a qualified biologist
to train construction
personnel on western
pond turtle
City of Roseville Prior to
construction
Development
Services
Department
c. Within 24 hours before beginning construction activities within 200 feet of suitable aquatic habitat for western pond turtle, a qualified biologist shall inspect areas of anticipated disturbance for the presence of western pond turtle nests and individuals. If nests are found, a 100-foot no disturbance buffer shall be erected and maintained until the turtles have hatched and no obstructions between the nest and aquatic habitat shall be created. No vegetation clearing will be allowed within the buffer to shelter the turtles from the elements and potential predators.

Hire a qualified biologist
to inspect areas of
anticipated disturbance
for the presence of
western pond turtle
City of Roseville Within 24 hours
before beginning
construction
activities
Development
Services
Department
d. If adult and juvenile turtles are found during preconstruction, dewatering, or fish rescue operations, the biologist shall relocate the western pond turtle to the nearest suitable habitat outside of the area of disturbance.

The construction area shall be re-inspected whenever a lapse in construction activity of two weeks or more has occurred. The biologist shall be available thereafter; if a turtle is encountered during construction activities, the biologist shall relocate the western pond turtle to the nearest suitable aquatic habitat outside the area of disturbance. As suitable habitat is located throughout the area, it is not anticipated that turtles would be relocated far from construction areas and that they would recolonize following construction.

Relocate the western
pond turtle to the nearest
suitable habitat outside of
the area of disturbance
City of Roseville During
preconstruction,
dewatering, or
fish rescue
operations
Development
Services
Department
e. After completion of project-related construction activities, any temporary fill and construction debris shall be removed, and temporarily disturbed areas shall be restored to pre-project conditions. Restoration of grassland and riparian habitat shall be conducted as applicable under Mitigation Measure

4.3-1 (for riparian vegetation) and Mitigation Measure 4.3-4 (for grassland habitat) in proximity to the stream corridors.

Remove temporary fill
and construction debris;
restore habitat
City of Roseville After completion
of project-related
construction
activities
Development
Services
Department
Ascent Environmental 4 Mitigation Monitoring Plan
City of Roseville
Dry Creek Greenway East Trail Project Final EIR 4-19
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
Impact 4.3-7:

Disturbance or loss of
special-status bats –
pallid bat and silverhaired bat.

Mitigation Measure 4.3-7: Special-status bats
This mitigation would apply for the Proposed Trail Alignment, Alternative Alignments 1A, 1C, and 5A.
a. Bat surveys shall be conducted by a qualified wildlife biologist within 5 days before removal of trees that have suitable roosting habitat for bats.

Specific survey methodologies shall be determined in coordination with CDFW, and may include visual surveys of bats (e.g., observation of bats during foraging period), inspection for suitable habitat, bat sign (e.g., guano), or use of ultrasonic detectors (e.g., Petterson, Anabat, Wildlife Acoustics). Removal of any significant roost sites located shall be avoided to the extent feasible with a non-disturbance buffer of 250-feet.

If it is determined that an active roost site cannot be avoided and will be affected, bats shall be excluded from the roost site before the site is removed. The City shall first notify and consult with CDFW on appropriate bat exclusion methods and roost removal procedures.

Exclusion methods may include use of one-way doors at roost entrances (bats may leave, but not reenter), or sealing roost entrances when the site can be confirmed to contain no bats. Once it is confirmed that all bats have left the roost, crews shall be allowed to continue work in the area. The City may have to provide temporary suitable bat roosting habitat (i.e. bat boxes), prior, during, and after exclusion to provide bat roosting habitat.

Hire a qualified biologist
to conduct bay surveys
City of Roseville Within 5 days
before removal
of trees that
have suitable
roosting habitat
for bats
Development
Services
Department
b. Exclusion efforts shall be restricted during periods of sensitive activity (e.g., during winter hibernation or while females in maternity colonies are nursing young [generally, April 15 through August 15]). If a hibernation or maternity roosting site is discovered, the project biologist and the City shall consult with CDFW to establish appropriate exclusionary buffers until all young are determined to be able to fly by the project biologist.

Once it is determined that all young are able to fly, passive exclusion devices shall be installed and all bats will be allowed to leave voluntarily.

Once it is determined by a qualified biologist that all bats have left the roost, crews shall be allowed to work within the buffer zone.

Restrict exclusion
activities during period of
sensitive activity.

Consult with CDFW to
establish exclusionary
buffers if a hibernation or
maternity roosting site is
discovered.

City or Roseville
City of Roseville
During
construction
April 15 through
August 15
During
construction
April 15 through
August 15
Development
Services
Department
Development
Services
Department
4 Mitigation Monitoring Plan Ascent Environmental
City of Roseville
4-20 Dry Creek Greenway East Trail Project Final EIR
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
Impact 4.3-8:

Disturbance or loss of
City protected trees,
Valley Oak Woodland,
and other Sensitive
Vegetation Alliances
and Associations.

Mitigation Measure 4.3-8: Avoid impacts or mitigate for impacts to Valley Oak Woodland, and other Sensitive Vegetation Alliances and Associations (previously known as Sensitive Natural Communities) This mitigation would apply for the Proposed Trail Alignment, Alignment Option 1A, 1C, and 5A.
a. To the maximum extent feasible, oak and riparian trees shall be avoided where possible and protection measures shall be implemented to protect oak woodlands, riparian areas and associated native trees from projectrelated impacts. The following measures shall be implemented for oak and riparian trees that would be impacted by project activities to avoid and minimize potential impacts to individual oak and riparian trees:

1. Temporary protective fencing shall be installed at least one foot outside the dripline of the native oak tree before initiating construction to avoid damage to the tree canopy and root system. A circle with a radius measurement from the trunk of the tree to the tip of its longest limb will constitute the dripline protection area for each tree. Limbs must not be cut back to change the dripline. The area beneath the dripline is a critical portion of the root zone and defines the minimum protected area of each tree. Removing limbs that make up the dripline does not change the protected area.

2. No vehicles, construction equipment, mobile home/office, supplies, materials or facilities shall be driven, parked, stockpiled or located within the dripline of the native oak trees.

3. No grading shall be allowed within the dripline of the native oak tree.

4. No trenching shall be allowed within the dripline of the native oak tree. If it is necessary to install underground utilities within the dripline of the native oak tree, the utility line shall be jacked and bored under the supervision of a certified arborist.

5. Drainage patterns onsite shall not be modified so that water collects or stands within, or is diverted across, the dripline of any native oak tree.

6. If ground disturbance must occur within the protected zone of a native oak tree, all work shall occur consistent with the City’s Tree Preservation Ordinance requirements.

Implement protection
measures to protect oak
woodlands, riparian
areas and associated
native trees from projectrelated impacts
City of Roseville Prior to and
during
construction
Development
Services
Department
Ascent Environmental 4 Mitigation Monitoring Plan
City of Roseville
Dry Creek Greenway East Trail Project Final EIR 4-21
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
b. For those trees that cannot be avoided, the City shall comply with any riparian habitat conditions to comply with the Compensatory Wetland, Stream and Riparian Mitigation and Monitoring Plan that will be developed during the Section 404, Section 401, and Section 1602 permitting process as described in Mitigation Measure 4.3-1.

Additionally, the City shall implement the following:

1. An arborist report shall be conducted to identify the species and quantities of trees that will be removed to implement the project.

2. If native oak trees are removed, they shall be replaced as outlined in the City’s Tree Preservation Ordinance 19.66.070. A Tree Planting and Maintenance Plan showing species, size, spacing and location of plantings, and the location and species of established vegetation shall be prepared. A monitoring program shall also be established to ensure compliance with any prescribed mitigation measures established by the project and to monitor the oak woodland restoration area.

3. Fully implement Mitigation Measure 4.3-1, which requires the City to secure and comply with a CDFW Streambed Alteration Agreement that would include a riparian restoration component.

Comply with the
Compensatory Wetland,
Stream and Riparian
Mitigation and Monitoring
Plan
City of Roseville As required by
permit conditions
Development
Services
Department
Impact 4.3-9:

Disturbance or loss of
special-status plants –
Sanford’s arrowhead.

Mitigation Measure 4.3-9: Special-status plants – Sanford’s arrowhead.

This mitigation would apply for the Proposed Trail Alignment, Alternative Alignments 1A, 1C, and 5A.

The City shall implement the following measures to reduce potential impacts on Sanford’s arrowhead:
a. Prior to project construction and during the blooming period for Sanford’s arrowhead (May – November), a qualified botanist shall conduct floristiclevel surveys for Sanford’s arrowhead in areas where potentially suitable habitat would be removed or disturbed by project activities. The normal blooming period for Sanford’s arrowhead generally indicates the optimal survey period when the species is most identifiable.
b. If no Sanford’s arrowhead plants are found, the botanist shall document the findings in a letter report to the City of Roseville and CDFW and no further mitigation shall be required.

Qualified botanist shall
conduct floristic-level
surveys for Sanford’s
arrowhead
Document findings in
letter report
City of Roseville
City of Roseville
Prior to project
construction,
between May
and November
Post survey
Development
Services
Department
Development
Services
Department
4 Mitigation Monitoring Plan Ascent Environmental
City of Roseville
4-22 Dry Creek Greenway East Trail Project Final EIR
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
c. If Sanford’s arrowhead plants are found that cannot be avoided during construction, the City shall consult with CDFW to determine the appropriate mitigation measures for direct and indirect impacts that could occur as a result of project construction and shall implement the agreed-upon mitigation measures to achieve no net loss of occupied habitat or individuals. Mitigation measures may include preserving and enhancing existing populations, creation of offsite (but within the stream reach) populations on project mitigation sites through seed collection or transplantation, and/or restoring or creating suitable habitat in sufficient quantities to achieve no net loss of occupied habitat and/or individuals.

Potential mitigation sites could include suitable locations along the stream but outside of the construction areas. A mitigation and monitoring plan shall be developed describing how unavoidable losses of specialstatus plants will be compensated. d. If relocation efforts are part of the mitigation plan, the plan shall include details on the methods to be used, including collection, storage, propagation, receptor site preparation, installation, long-term protection and management, monitoring and reporting requirements, success criteria, and remedial action responsibilities should the initial effort fail to meet long-term monitoring requirements.
e. Success criteria for preserved and compensatory populations shall include:

1. The extent of occupied area and plant density (number of plants per unit area) in compensatory populations shall be equal to or greater than the affected occupied habitat.

2. Compensatory and preserved populations shall be self-producing.

Populations shall be considered self-producing when:

I. plants reestablish annually for a minimum of five years with no human intervention such as supplemental seeding;
II. reestablished and preserved habitats contain an occupied area and flower density comparable to existing occupied habitat areas in similar habitat types in the project vicinity.

3. If off-site mitigation includes dedication of conservation easements, purchase of mitigation credits, or other off-site conservation measures, the details of these measures shall be included in the Consult with CDFW to
determine the
appropriate mitigation
measures
City of Roseville Post survey Development
Services
Department
Ascent Environmental 4 Mitigation Monitoring Plan
City of Roseville
Dry Creek Greenway East Trail Project Final EIR 4-23
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
mitigation plan, including information on responsible parties for longterm management, conservation easement holders, long-term management requirements, success criteria such as those listed above and other details, as appropriate to target the preservation of long term viable populations.

Impact 4.3-10: Impacts
on movement of
native resident or
migratory fish or
wildlife species or
migratory wildlife
corridors or impede
the use of native
wildlife nursery sites.

Mitigation Measure 4.3-10: Movement of native resident or migratory fish or wildlife species or migratory wildlife corridors or impede the use of native wildlife nursery sites.

This mitigation would apply for the Proposed Trail Alignment, Alternative Alignments 1A, 1C, and 5A.

Implementation of Mitigation Measure 4.3-1 and Mitigation Measure 4.3-2 would ensure that impacted habitats are mitigated for or restored, and work windows would prevent impact to migratory fish species. The work windows would allow the fish to freely use the stream corridors during migration to and from the streams. Impacted habitats (i.e., aquatic, riparian and SRA) would be restored or mitigated for and although affected their long-term function as breeding or nursery site would not be impacted. a. Implement Mitigation Measure 4.3-1 Wetlands, Waters of the United States, waters of the state and riparian habitat.
b. Implement Mitigation Measure 4.3-2 Central Valley Steelhead and Central Valley Fall-run Chinook Salmon.

Restore or mitigate for
Impacted habitats (i.e.,
aquatic, riparian and
SRA).

City of Roseville Postconstruction
activities, as
required by
permit conditions
Development
Services
Department

4.4 Cultural Resources
Impact 4.4-1: Disturb
archaeological
resources, including
tribal cultural
resources.

Mitigation Measure 4.4-1: Proper Handling of Archaeological Resources.

This mitigation would apply for the Proposed Trail Alignment, Alignment Options 1A, 1C, and 5A.

A minimum of seven days prior to beginning earthwork or other soil disturbance activities, the City shall notify UAIC of the proposed earthwork start-date. As part of this notification, a UAIC tribal representative shall be invited to inspect the project site, including any soil piles, trenches, or other disturbed areas, within the first five days of groundbreaking activity. During this inspection, a site meeting of construction personnel shall also be held to afford the tribal representative the opportunity to provide cultural resources awareness information.

Notify UAIC of the
proposed earthwork
start-date
City of Roseville Notify UAIC at
least seven days
prior to beginning
earthwork or
other soil
disturbance
activities; UAIC
site inspection to
occur within first
5 days of
groundbreaking
activity
Development
Services
Department
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Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
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If any cultural resources, such as structural features, unusual amounts of bone or shell, artifacts, human remains, or architectural remains are encountered during this initial inspection or during any subsequent construction activities, work shall be suspended within 100 feet of the find, and the City’s Project Manager shall immediately notify the City of Roseville Development Services Director. The City’s Project Manager, in consultation with the City’s Environmental Coordinator, shall coordinate any necessary investigation of the site with a qualified archaeologist approved by the City, and as part of the site investigation and resource assessment the archeologist shall consult with the UAIC and provide proper management recommendations should potential impacts to the resources be found by the City to be significant. A written report detailing the site assessment, coordination activities, and management recommendations shall be provided to the City by the qualified archaeologist. Possible management recommendations for unique archaeological resources could include resource avoidance or, where avoidance is infeasible in light of project design or layout or is unnecessary to avoid significant effects, preservation in place or other measures. The contractor shall implement any measures deemed by City staff to be necessary and feasible to avoid or minimize significant effects to the cultural resources.

Suspend work within 100
feet of structural features,
unusual amounts of bone
or shell, artifacts, human
remains, or architectural
remains find
City of Roseville During initial
inspection or
during any
subsequent
construction
activities
Development
Services
Department
Impact 4.4-2:

Accidental discovery
of human remains.

Mitigation Measure 4.4-2: Stop work if human remains are discovered.

This mitigation would apply for the Proposed Trail Alignment, Alignment Options 1A, 1C, and 5A.

If human remains are discovered during any construction activities, potentially damaging ground-disturbing activities in the area of the remains shall be halted immediately, and the project applicant shall notify the Placer County coroner and the NAHC immediately, according to Section 5097.98 of the State Public Resources Code and Section 7050.5 of California’s Health and Safety Code. If the remains are determined by the NAHC to be Native American, the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The City shall also retain a professional archaeologist with Native American burial experience to assist the City of Roseville, the landowner, and the MLD with any management steps prescribed in California Health and Safety Code Section 7050.5 and California PRC Section 5097.98. Following the coroner’s and NAHC’s findings, the NAHC-designated MLD and the landowner shall determine Halt ground disturbing
activities and notify the
Placer County coroner
and the NAHC
immediately
City of Roseville During
construction
Development
Services
Department
Ascent Environmental 4 Mitigation Monitoring Plan
City of Roseville
Dry Creek Greenway East Trail Project Final EIR 4-25
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
the ultimate treatment and disposition of the remains and take appropriate steps to ensure that additional human interments are not disturbed. The responsibilities for acting upon notification of a discovery of Native American human remains are identified in California Public Resources Code Section 5097.94.

4.7 Hazards and Hazardous Materials
Impact 4.7-5: Expose
people or structures
to a significant risk of
loss, injury, or death
involving wildland
fires, including where
wildlands are located
adjacent to urbanized
areas or where
residences are
intermixed with
wildlands during
project construction.

Mitigation Measure 4.7-5: Clear flammable materials within the project site prior to construction.

This mitigation would apply for the Proposed Trail Alignment, Alignment Options 1A, 1C, and 5A.

If dry vegetation or other fire fuels exist on or near staging areas, welding areas, or any other area on which equipment will be operated, contractors shall clear the immediate area of fire fuel prior to construction. To the extent feasible, areas subject to construction activities will be maintained free of fire fuel and debris during the course of construction. To avoid impacts to natural resources, areas to be cleared and appropriate clearing methods shall be identified with the assistance of a qualified biologist.

Clear staging areas,
welding areas, or any
other area on which
equipment will be
operated of fire fuel
City of Roseville Prior to start of
construction
activities
Development
Services
Department

4.10 Noise
Impact 4.10-1: Shortterm constructionrelated noise.Mitigation Measure 4.10-1: Employ Noise-Reducing Construction Practices
This mitigation will apply to the Proposed Trail Alignment and Alignment Options 1A, 1C, and 5A.

Feasible measures that can be used to limit construction noise include the following:
 Locate stationary noise generating construction equipment as far as feasible from noise-sensitive uses.
 Do not idle inactive construction equipment for prolonged periods (i.e., more than 5 minutes).
 Prohibit unmuffled engine exhaust systems. All construction equipment powered by gasoline or diesel engines shall have factory-installed sound control devices, or sound control devices Limit construction noise,
per Mitigation Measure

4.10-1
Contractor and
City of Roseville
Prior to and
during
construction
Development
Services
Department
4 Mitigation Monitoring Plan Ascent Environmental
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that are at least as effective as those originally provided by the manufacturer, and all equipment shall be operated and maintained in good working order to minimize noise generation pursuant to Section 9.24.030 of the Noise Ordinance.
 The contractor shall provide advance written notification to owners and renters of buildings located within 50 feet of construction activities. The notice shall explain when construction is expected.

The notice shall include contact information for the project manager.  When construction occurs outside of the typical daytime and early evening hours (7:00 a.m. – 7:00 p.m. Monday-Friday and 8:00 a.m. – 8:00 p.m. Saturday and Sunday) or within 50 feet of noise sensitive commercial or office buildings, the use of noise-generating construction equipment will be avoided to the extent feasible. When not feasible, construction contractors will specify proposed noisereducing construction practices or alternative schedules that will be employed to reduce construction noise. Measures specified by the contractors will be reviewed and approved by the City prior to construction activities. In these situations, feasible noise reduction measures include the following:
 Alternative construction schedule to minimize disturbance to normal office operations; and/or
 Use temporary noise-reducing barriers positioned between noise-generating equipment (including hand operated jack hammers) and the sensitive receptor building. Such barriers may include commercially manufactured noise-insulating
blankets/quilts or as equal materials with similar noise reduction performance as approved by the resident engineer.

When temporary barrier units are joined together, the mating surfaces shall be flush with each other with no gaps.

Impact 4.10-3:

Exposure to
construction-related
Mitigation Measure 4.10-3: Reduce exposure to constructiongenerated ground vibration.

This mitigation will apply to the Proposed Trail Alignment and Alignment Options 1A, 1C, and 5A.

Specify construction
practices that reduce the
adverse effects of ground
vibration
Construction
Contractor and
City of Roseville
Prior to and
during
construction
Development
Services
Department
Ascent Environmental 4 Mitigation Monitoring Plan
City of Roseville
Dry Creek Greenway East Trail Project Final EIR 4-27
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party
groundborne
vibrations.

Construction documents shall specify construction practices that reduce the adverse effects of ground vibration associated with project construction activities. Measures specified by the design engineer will be reviewed and approved by the City prior to approval of the plans and specifications and may include, but are not limited to, the measures listed below.  Implement Mitigation Measure 4.10-1.
 All construction equipment on construction sites shall be operated as far away from vibration- and noise-sensitive sites as reasonably feasible.  Earthmoving, dozing, and ground-impacting operations shall be phased so as not to occur simultaneously in areas close to offsite sensitive receptors, to the extent feasible. The total vibration level produced could be significantly less when each vibration source is operated at separate times.
 As part of final design, project engineers shall identify areas on the project plans where work may be constrained due to proximity of structures. The designs shall specify requirements that during project construction on the trail alignment, no heavy vibratory equipment (i.e., the types of equipment listed in Table 4.10-5), shall be operated within 13 feet of off-site building structures unless otherwise approved in writing by the City Engineer. Non-vibratory equipment, such as hand tools, and handheld vibratory compactors and rollers may be used. Use of different material types including slurry cement and concrete paving approved by the Engineer, may be used to reduce or eliminate the need for vibratory equipment.

Those portions of the project site located within 13 feet of an off-site building structure shall be identified on construction documents and demarcated with stakes, flags, rope and/or markings on the ground.  For Option 5A, locate caisson drilling for Bridge 14 forty-three (43) feet or greater from existing occupied structures, if feasible.  Staging areas shall be adjusted and temporary fencing shall be installed to ensure that loaded trucks shall not operate within 13 feet of existing structures.
4 Mitigation Monitoring Plan Ascent Environmental
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4-28 Dry Creek Greenway East Trail Project Final EIR
Table 4-1 Dry Creek Greenway East Trail Mitigation Monitoring Plan Impact Mitigation Measures Action(s) Implementing
Party Timing Monitoring Party

4.13 Transportation and Circulation

4.13-1: Safety-related
traffic impacts.

Mitigation Measure 4.13-1: Prepare Traffic Management Plan.

This mitigation would apply for the Proposed Trail Alignment, Alignment Options 1A, 1C, and 5A.

The City shall require the construction contractor to prepare for city approval and implement a traffic management plan before construction activities begin.

Before the beginning of construction on the project site, the contractor shall prepare a detailed traffic management plan that will be subject to review and approval by the City Department of Public Works. The plan shall ensure maintenance of safe and acceptable operating conditions for local roadways, bicycle and pedestrian facilities, and transit routes. The Traffic Management Plan shall regulate maintenance of traffic during each construction season and comply with agency standards to promote safe and efficient travel for the public and construction workers through the work zones. The plan shall include provisions for regular inspections to assess contractor compliance, signage to direct traffic, and public noticing, as appropriate. Methods in the plan may include (but are not limited to):
 appropriately sequencing activities (e.g., segment phasing, timing of grading, hours of construction) to minimize conflicts with traffic on affected roadways,
 maintaining traffic flow in the project area to the extent feasible,  maintaining bicycle and pedestrian access along Riverside Avenue, and
 using flaggers to direct traffic, as needed, for ingress or egress of large trucks and other vehicles.

Construction contractor
shall prepare and
implement a traffic
management plan
Construction
Contractor and
City of Roseville
Prior to start of
construction
activities
Department of
Public Works

APPENDIX B
Regulatory Permits
Central Valley Regional Water Quality Control Board
22 November 2022
Dominick Casey
City of Roseville
311 Vernon Street
Roseville CA 95678
CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER FOR

THE DRY CREEK GREENWAY EAST TRAIL PROJECT, PLACER COUNTY (WDID#5A31CR00583)
Enclosed please find a Clean Water Act Section 401 Water Quality Certification and Order, authorized by Central Valley Water Quality Control Board. This Order is issued to City of Roseville for Dry Creek Greenway East Trail Project (Project). Attachments A through G of the Enclosure are also part of the Order.

This Order is issued in response to an application submitted by City of Roseville for proposed Project discharges to waters of the state, to ensure that the water quality standards for all waters of the state impacted by the Project are met. You may proceed with your Project according to the terms and conditions of the enclosed Order.

Please review your Order carefully to ensure that you understand all aspects of the Order. Note that this Order requires reporting and notification. Requirements for the content of the reporting and notification requirements are detailed in Attachment D, including specifications for photo and map documentation during the Project. Written reports and notifications must be submitted using the Reporting and Notification Cover Sheet located in Attachment D, which must be signed by the Permittee or an authorized representative.

These reports, notifications, and other submissions must be submitted in a searchable Portable Document Format (PDF). Documents less than 50 MB must be emailed to:
[email protected]. In the subject line of the email, include the Central Valley Water Board Contact, Project name, and WDID. Documents that are 50 MB or larger must be transferred to a disk and mailed to the Central Valley Water Board Contact.

If you require further assistance, please contact me by phone at (916) 464-4710 or by email at [email protected]. You may also contact Stephanie Dry Creek Greenway East Trail Project Reg. Meas. ID: 448996 Place ID: 882943

Page 2 of 2 ends

Tadlock, Unit Supervisor, by phone at (916) 464-4644 or by email at [email protected].

Sara Gevorgyan
Environmental Scientist
401 Water Quality Certification Unit
Enclosures (1): Order for Dry Creek Greenway East Trail Project cc: [Via email only] (w/ enclosure):

Kaitlyn Pascus (SPK-2021-00087)
United States Army Corps of Engineers
Sacramento District Headquarters
Regulatory Division
[email protected]
United States Environmental Protection Agency
[email protected]
CWA Section 401 WQC Program
Division of Water Quality
State Water Resources Control Board
[email protected]
Stephanie Tadlock
Unit Supervisor
Central Valley Regional Water Quality Control Board, Sacramento [email protected]
Bill Jennings
CA Sportfishing Protection Alliance
[email protected]
Molly Enloe
Principal Biologist
[email protected]
Noah Siviglia
City of Roseville
[email protected]
Central Valley Regional Water Quality Control Board
CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER Effective Date: 22 November 2022
Expiration Date: 21 November 2027
Program Type: Fill/Excavation
Reg. Meas. ID: 448996
Place ID: 882943
WDID No.: 5A31CR00583
USACE No.: NWP 14
Reporting
Project Type: Outdoor Recreation
Project: Dry Creek Greenway East Trail Project
Applicant: City of Roseville
Applicant Contact: Dominick Casey
City of Roseville
311 Vernon Street
Roseville CA 95678
Phone: (916) 774-5362
Email: [email protected]
Applicant’s Agent: Noah Siviglia
City of Roseville
311 Vernon Street
Roseville CA 95678
Phone: (916) 746-1300
Email: [email protected]
Water Board Staff: Sara Gevorgyan
Environmental Scientist
11020 Sun Center Drive, Suite 200
Rancho Cordova, CA 95670
Phone: (916) 464-4710
Email: [email protected]
Water Board Contact Person: If you have any questions, please call Regional Water Quality Control Board, Central Valley Region (Central Valley Water Board) Staff listed above or (916) 464-3291 and ask to speak with the Water Quality Certification Unit Supervisor.

Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Place ID: 882943

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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................................................ 4 VII. Description of Direct Impacts to Waters of the State ............................................ 4 VIII. Description of Indirect Impacts to Waters of the State.......................................... 5 IX. Avoidance and Minimization................................................................................. 5 X. Compensatory Mitigation...................................................................................... 5 XI. California Environmental Quality Act (CEQA)....................................................... 5 XII. Petitions for Reconsideration................................................................................ 6 XIII. Fees Received...................................................................................................... 6 XIV. Conditions ............................................................................................................ 6 XV. Water Quality Certification.................................................................................. 22 Attachment A – Project Maps ....................................................................................A-1 Attachment B – Receiving Waters, Impacts and Mitigation Information ....................B-1 Attachment C – CEQA Findings of Fact ................................................................... C-1 Attachment D – Reports and Notification Requirements .......................................... D-1 Attachment E – Signatory Requirements...................................................................E-1 Attachment F – Certification Deviation Procedures ...................................................F-1 Attachment G - Compliance with Code of Federal Regulations, Title 40, Section 121.7, Subdivision (d).......................................................................................................... G-1 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Place ID: 882943

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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 and supplemental information submitted by the Permittee. The application was received on 27 July 2022. The application was deemed complete on 9 September 2022.

Central Valley Water Board staff requested additional information necessary to supplement the contents of the complete application and the Permittee responded to the request for supplemental information on the following dates:

Date of Request for Supplemental Information: 7 October 2022 Date all requested information was received: 14 November 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 26 August 2022 to 23 September 2022. The Central Valley Water Board did not receive any comments during the comment period.

III. Project Purpose
The purpose of the Project is to create a connection from schools and businesses to residential neighborhoods and provide important regional connections as it is part of a series of existing and planned paths that will form a loop around the greater South Placer/Sacramento area.

IV. Project Description
A 2.3-mile, paved, multi-use trail that includes constructing three bridges and modifying two bridges to provide creek crossings throughout the trail alignment.

Project elements resulting in permanent impacts include placing new abutments, bridge decks, rock walls, gabions, rock slope protection, and constructing a paved bike trail. Temporary impacts include installing temporary low-water crossings, staging areas, and water diversions, and, in addition, temporary access and staging areas for construction equipment.

V. Project Location
County: Placer
Nearest City: Roseville
Section 7,11,12,17,18 Township 10 N, Range 6 E, 7 E
Latitude: 38°42'31.75", and Longitude: -120°57'24.34"
Maps showing the Project location are found in Attachment A of this Order.

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

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

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

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

VII. Description of Direct Impacts to Waters of the State The proposed Project requires temporary and permanent disturbance below the ordinary high-water mark (OHWM) of Dry, Cirby, and Linda Creeks for installing bridges, roadway undercrossings, and stabilizing stream banks. Except for Darling Way Bridge, all proposed bridges will fully span the low-flow channel of the stream.

The Darling Way Bridge requires one pile to be installed within the low-flow channel of the stream.

Total Project fill/excavation quantities for all impacts are summarized in Tables 1 and

2. Permanent impacts are categorized as those resulting in a physical loss in area and also those degrading ecological condition.

Table 1: Total Project Fill/Excavation Quantity for Temporary Impacts1 Aquatic Resources Type Acres Cubic Yards Linear Feet
Stream Channel 0.191 308 159
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.

Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Place ID: 882943

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Table 2: Total Project Fill/Excavation Quantity for Permanent Impacts Aquatic Resources Type Acres Cubic Yards Linear Feet
Stream Channel 0.231 372 193
VIII. Description of Indirect Impacts to Waters of the State The Central Valley Water Board recognizes the potential for indirect impacts to waters of the state associated with the Project.

Indirect impacts anticipated with the implementation of this Project may be increased sedimentation and turbidity, which can adversely affect water quality and impact adult fish through gill fouling, reduced foraging ability, and reduced predator avoidance. High concentrations of pollutants can also cause indirect effects to aquatic resources, including fish mortality from exposure or increased susceptibility to disease.

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.

According to the Permittee, the following measures will be in place during construction activities to avoid, reduce, and minimize impacts to waters of the state:
• Indirect impacts will be minimized through the implementation of the proposed Best Management Practices (BMPs) and limiting in-water construction activities to the dry season between the dates of June 15 and October 15.

The Project will add 3.65 acres of new impervious surfaces. Impervious surfaces cause reduced base flows through decreased groundwater recharge; increased erosion and sedimentation via hydro-modification (i.e., any activity that increases the velocity and volume (flow rate) affecting residence time, and alters the natural timing of runoff); and accumulation of pollutants that are subsequently discharged in storm water after construction.

X. Compensatory Mitigation
The Permittee has agreed to provide compensatory mitigation for direct and indirect impacts, described in section VII for permanent impacts.

XI. California Environmental Quality Act (CEQA)
On April 13, 2019, the City of Roseville, as lead agency, certified an Environmental Impact Report (EIR) (State Clearinghouse (SCH) No. 2013112042) for the Project Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Place ID: 882943

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and filed a Notice of Determination (NOD) at the SCH on March 21, 2019. 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 $2,417.00 was received on 28 July 2022. 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) with the dredge and fill fee calculator.

An additional fee of $6,631.00 based on total Project impacts was received on 14 November 2022.

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 watersheds 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).

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

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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.

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 December, one year after the effective date of the Order. Annual reporting shall continue until the Central Valley Water Board issues a Notice of Project Complete Letter to the Permittee.

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 corresponding Waste Discharge Identification Number (WDID No.) issued under the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ; NPDES No.

CAS000002).
b. Request for Notice of Completion of Discharges Letter: The Permittee shall submit a Request for Notice of Completion of Discharges Letter following completion of active Project construction activities, including any required restoration and permittee-responsible mitigation. This request shall be submitted to the Central Valley Water Board staff within thirty (30) days following completion of all Project construction activities. Upon acceptance of the request, Central Valley Water Board staff shall issue a Notice of Completion of Discharges Letter to the Permittee which will end the active discharge period.
c. Request for Notice of Project Complete Letter: The Permittee shall submit a Request for Notice of Project Complete Letter when construction and/or any post-construction monitoring is complete, and no further Project activities will occur. Completion of post-construction monitoring shall be determined by Central Valley Water Board staff and shall be contingent on successful attainment of restoration and mitigation performance criteria. This request shall be submitted to Central Valley Water Board staff within thirty (30) days following completion of all Project activities. Upon approval of the request, the Central Valley Water Board staff shall issue a Notice of Project Complete Letter to the Permittee which will end the post discharge monitoring period.

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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 compliance with water quality standards. Notification may be delivered via written notice, email, or other verifiable means. 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.) Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Place ID: 882943

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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:

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 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Place ID: 882943

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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, dewatering activities, or during the installation of removal 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:
i. where natural turbidity is less than 1 Nephelometric Turbidity Units (NTUs), controllable factors shall not cause downstream turbidity to exceed 2 NTU;
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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 and/or monitoring locations 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 Project complies with Order requirements. The report shall include surface water sampling results, visual observations, and 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.

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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
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 constitutes a limitation necessary to assure compliance with water quality standards and appropriate requirements of state law.
4 Visible construction-related pollutants include oil, grease, foam, fuel, petroleum products, and construction-related, excavated, organic or earthen materials.

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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.

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 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Place ID: 882943

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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) (include title and date of MMRP) which is incorporated herein by reference and any additional measures as outlined in Attachment C, CEQA Findings of Fact.

7. Construction General Permit Requirement: The Permittee shall obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ; NPDES No. CAS000002), as amended, for discharges to surface waters comprised of storm water associated with construction activity, including, but not limited to, demolition, clearing, grading, excavation, and other land disturbance activities of one or more acres, or where projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres.

F. Administrative

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

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

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

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a. Enter upon the Project or compensatory mitigation site(s) premises where a regulated facility or activity is located or conducted, or where records are kept.
b. Have access to and copy any records that are kept and are relevant to the Project or the requirements of this Order.
c. Inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order.
d. Sample or monitor for the purposes of assuring Order compliance.

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

5. A copy of this Order 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 to the Central Valley Water Board immediately upon execution and prior to any discharge to waters of the state.

G. Construction

1. Dewatering
a. 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.
b. 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.
c. The temporary dam or other artificial obstruction shall only be built from clean materials such as sandbags, gravel bags, water dams, or Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Place ID: 882943

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clean/washed gravel which will cause little or no siltation. Stream flow shall be temporarily diverted using gravity flow through temporary culverts/pipes or pumped around the work site with the use of hoses. d. If water is present, the area must be dewatered prior to start of work. e. Dewatering will occur within the Project area.
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.

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, Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Place ID: 882943

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hydraulic fluids, or other construction-related potentially hazardous substances should be stored within a floodplain or within 300 feet of a waterway. The Permittee must perform frequent inspections of construction equipment prior to utilizing it near surface waters to ensure leaks from the equipment are not occurring and are not a threat to water quality.
c. All materials resulting from the Project shall be removed from the site and disposed of properly.

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.

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.

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. 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 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Place ID: 882943

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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.

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.

Special Status Species
The following special status species are documented to occur within or near the Project area: Sanford’s arrowhead, Valley elderberry longhorn beetle, Western pond turtle, White-tailed kite, Northern harrier, Cooper’s hawk, Swainson’s hawk, Lewi’s Woodpecker, Merlin, Peregrine ,Olive-sided flycatcher, Loggerhead Shrike, Yellow-billed magpie, Oak titmouse, Purple martin, Fox sparrow, Yellow-breasted chat, California yellow warbler, Pallid bat, Central Valley Steelhead, Central Valley Chinook Salmon, and Valley Oak Woodland Alliance.

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.

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Storm Water
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)

1. Total Maximum Daily Loads (TMDLs) are action plans to restore clean water.

Section 303(d) of the federal Clean Water Act requires that states identify water bodies -- bays, rivers, streams, creeks, and coastal areas -- that do not meet water quality standards, and the pollutants that impair them. TMDLs examine the water quality problems, identify sources of pollutants, and specify actions that create solutions. They are adopted by the Regional Water Board as amendments to our Region's Basin Plan. 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.

J. Mitigation for Temporary Impacts

1. The Permittee shall restore all areas of temporary impacts, including Project site upland areas, which could result in a discharge to waters of the state to pre-construction contours and conditions upon completion of construction activities. Temporary impacts from activities such as creation of construction access roads, low-water creek crossings or water diversions, staging of equipment and materials, and slope grading will be restored to pre-Project conditions upon completion of construction.

2. The Central Valley Water Board may extend the monitoring period beyond requirements of the restoration plan upon a determination by Executive Officer that the performance standards have not been met or are not likely to be met within the monitoring period.

3. If restoration of temporary impacts to waters of the state is not completed within 90 days of the impacts, compensatory mitigation may be required to offset temporal loss of waters of the state.

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K. Compensatory Mitigation for Permanent Impacts:

The Permittee shall provide compensatory mitigation for impacts to waters of the state in accordance with Dry Creek Greenway East Phase 1 Multi-use trail Compensatory Plan (Compensatory Mitigation Plan) dated October 24,2022 and incorporated herein by reference. Any deviations from, or revisions to, the Compensatory Mitigation Plan must be pre-approved by Central Valley Water Board staff. The monitoring period shall continue until the Central Valley Water Board staff determines that performance standards have been met. This may require the monitoring period to be extended.

1. Compensatory Mitigation Plan
a. The Permittee has submitted an approved 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 40 CFR section 230.94(c)
c. Permittees fulfilling their compensatory mitigation obligations by securing credits from an approved mitigation bank or in-lieu fee program, need only include the items described in 40 CFR section 230.94(c)(5)-(6), and the name of the specific mitigation bank or in-lieu fee program to be used.

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.
b. The Permittee shall retain responsibility for providing the compensatory mitigation and long-term management until Central Valley Water Board staff has received documentation of the credit purchase and the transfer agreement between the Permittee and the seller of credits.

3. Total Required Compensatory Mitigation
a. The Permittee is required to provide compensatory mitigation for the authorized impact to 0.231 acres of stream and riparian habitats by purchasing 0.231 aquatic resource mitigation credits from the Fremont Landing Conservation Bank as Aquatic Resource Credits in the Lower Sacramento River basin (HUC #180201) Aquatic Resource Watershed Service Area.

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c. Total required Project compensatory mitigation information for permanent physical loss of area is summarized in Table 4. [Establishment (Est.), Reestablishment (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. Re-est. Reh. Enh. Pres. Unknown
Stream
Channel
Mitigation
Bank
Credits
Acres 0.231
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.

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XV. Water Quality Certification
I hereby issue the Order for the Dry Creek Greenway East Trail Project, WDID # 5A31CR00583, 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, as lead agency, hereby certifies an Environmental Impact Report (EIR) (State Clearinghouse (SCH No.2013112042) and approves the mitigation monitoring and reporting program (MMRP) Final Environmental Impact report September 2018 for the Project.

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: Compliance with Code of Federal Regulations Attachment A
Project Maps
A.
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Page A-1
Attachment A – Project Maps
Figure 1: Project Location and Vicinity
Sc ale
Citrus Heights (1992, NAD83)
Phase 1 Work Limits - 13.63 ac.

Placer County, California
§7, T.10N, R.07E, MDBM and
§11-12, T.10N, R.06E, MDBM Latitude
(NAD83): 38.733358°
Longitude (NAD83): -121.276811°
Watershed: Lower American (18020111)
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Page A-2
Figure 2. Vegetation Impacts Overview
Attachment B
Receiving Waters, Impacts and Mitigation Information
B.
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Page B-1
Attachment B – 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
No Intermittent
Drainage
Dry Creek,
Linda
Creek,
Cirby Creek
Perennial
Creek 19.21
Dry Creek,
Linda
Creek, Cirby
Creek
COLD, MUN, NAV, REC2,

WARM, WILD, AGR, REC,

MIGR, SPWN
Indicator
Bacteria
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
Intermittent Drainage 38°42'31.75" -120°57'24.34” No 0.191 308 Table 3: Individual Permanent Fill/Excavation Impact Information Impact Site ID Latitude Longitude Indirect Impact
Requiring Mitigation?
Acres Cubic
Yards
Linear
Feet
Intermittent Drainage 38°42'31.75" -120°57'24.34” No 0.231 372 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment B Place ID: 882943
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Compensatory Mitigation Information
The following table(s) show individual compensatory mitigation information and locations.

Mitigation Bank Compensatory Mitigation Site Information Table 1: Mitigation Bank
Mitigation Bank Name: The Fremont Landing Conservation Bank Website: https://www.wildlandsinc.com/banks/fremont-landing-conservation-bank-salm-2/ Mitigation Bank Contact Name: Julie Maddox
Phone: (916) 435-35555
Email: [email protected]
Mitigation Location - County: Yolo
Latitude: TBD
Longitude: TBD
Table 2: Mitigation Type Information
Aquatic Resource Credit Type Acres Linear Feet Number of Credits Purchased
Stream Channel 1.3578
Riparian 0.6035
Total 1.9613
Attachment C
CEQA Findings of Fact
C.
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Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment C Place ID: 882943
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Attachment C – CEQA Findings of Fact
A. Environmental Review
On 13 April 2018, the City of Roseville, as lead agency, certified a Final Environmental Impact Report (FEIR) (State Clearinghouse (SCH) (No. 2013112042) for the Project and filed a Notice of Determination (NOD) at the SCH on 21 March 2019. 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 City of Roseville’s certified 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 City of Roseville addresses the Project’s water resource impacts. (California Code of Regulations, title 14, section 15096, subd. (f).) The environmental document includes the mitigation monitoring and reporting program (MMRP) developed by 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 15091, subd. (d).)
B. Incorporation by Reference
Pursuant to CEQA, these Findings of Facts (Findings) support the issuance of this Order based on the Project FEIR, the application for this Order, and other supplemental documentation.

The Program Environmental Impact Report (EIR), which includes analyses of broad impacts and serves as a first-tier document for the FEIR, is available at:
https://ceqanet.opr.ca.gov/2013112042/2
All CEQA project impacts, including those discussed in subsection C below, are analyzed in detail in the Project FEIR which is incorporated herein by reference.

The Project FEIR is available at: https://ceqanet.opr.ca.gov/Project/2013112042 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, is incorporated herein by reference.

C. Findings
The FEIR describes the potential significant environmental effects to water resources. Having considered the whole of the record, including comments received during the public review process, the Central Valley Water Board makes the following findings:
(1) Findings regarding impacts that will be avoided or mitigated to a less than significant level. (Public Resources Code, section 21081, subd. (a)(1); California Code of Regulations, title 14, section 15091, subd. (a)(1).) Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment C Place ID: 882943
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Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.
a.i. Potential Significant Impact:
• Disturbance and loss of waters of the United States, waters of the state and riparian habitat.
• Interfere substantially with the movement of Central Valley steelhead and Central Valley fall-run Chinook salmon.
• Disturbance or loss of valley elderberry longhorn beetle or its habitat. • Disturbance or loss of Swainson’s hawk, white-tailed kite, and other nesting raptors.
• Disturbances to special status song birds.
• Disturbance or loss of Western pond turtle.
• Disturbance or loss of special-status bats – pallid bat and silver-haired bat. • Disturbance or loss of City protected trees, Valley Oak Woodland, and other Sensitive Vegetation Alliances and Associations.
• Disturbance or loss of special-status plants – Sanford’s arrowhead. • Impacts on movement of native resident or migratory fish or wildlife species or migratory wildlife corridors or impede the use of native wildlife nursery sites.
a.ii. Facts in Support of Finding:

Mitigation Measure 4.3-1: Wetlands, Waters of the United States, and Water of the State.

This mitigation would apply for the Proposed Trail Alignment, Alignments Options 1A, 1C, and 5A. The City shall implement the following measures to compensate for the loss of wetlands, waters of the United States, waters of the State, and riparian habitat:
a. The City shall submit a wetland delineation report to USACE and request a preliminary jurisdictional determination. Based on the jurisdictional determination, the City shall determine the exact acreage of waters of the United States and waters of the state that would be filled as a result of project implementation.
b. The City shall replace on a “no net loss” basis (minimum 1:1 ratio) (in accordance with USACE, CDFW, and/or RWQCB) the acreage and function of all wetlands and other waters that would be removed, lost, or degraded as a result of project implementation. Wetland habitat shall be replaced at an acreage and location agreeable to USACE, CDFW, and the Central Valley RWQCB and as determined during the Section 401, Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment C Place ID: 882943
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Section 404 and Section 1602 permitting processes. The ratio of stream habitat restoration/replacement shall consider value for Central Valley steelhead and Chinook salmon (as discussed under Mitigation Measure

4.3-2). Habitat shall either be restored on the affected stream and within City property, or at an approved mitigation bank. In either instance, compensatory mitigation will be approved by USACE, CDFW, and RWQCB.
c. The City shall obtain a USACE Section 404 Individual Permit, RWQCB Section 401 certification, and a Section 1602 streambed alteration agreement from CDFW before any groundbreaking activity within 50 feet of any wetland or water of the United States. The City shall implement all permit conditions, which may include contributions to an approved wetland mitigation bank or through the development and implementation of a Compensatory Wetland, Stream and Riparian Mitigation and Monitoring Plan for creating or restoring in-kind habitat in the surrounding area. If mitigation credits are not available, stream and riparian habitat compensation shall include establishment of riparian vegetation on currently unvegetated bank portions of streams affected by the project and enhancement of existing riparian habitat through removal of nonnative species, where appropriate, and planting additional native riparian plants to increase cover, continuity, and width of the existing riparian corridor along streams in the project site and surrounding areas. The ratio of riparian restoration/replacement shall consider value for Central Valley steelhead and Chinook salmon (as discussed under Mitigation Measure

4.3-2) as well as City Protected trees and Oak Woodland Habitat (as discussed under Mitigation Measure 4.3-8). Construction activities and compensatory mitigation shall be conducted in accordance with the terms of a streambed alteration agreement as required under Section 1602 of the Fish and Game Code.
d. The Compensatory Wetland, Stream and Riparian Restoration and Mitigation and Monitoring Plan shall include the following:

1. Identification of compensatory mitigation sites and criteria for selecting these mitigation sites;

2. In kind reference habitats for comparison with compensatory wetland, stream, and riparian habitats (using performance and success criteria) to document success;

3. Monitoring protocol, including schedule and annual report requirements (Compensatory habitat shall be monitored for a minimum of three (3) years from completion of mitigation, or human intervention (including recontouring and grading), or until the success criteria identified in the approved mitigation plan have been met, whichever is longer.);
Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment C Place ID: 882943
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4. Ecological performance standards, based on the best available science and including specifications for native riparian plant densities, species composition, amount of dead woody vegetation gaps and bare ground, and survivorship (based on characteristics of the existing impacted habitat); at a minimum, compensatory mitigation planting sites must achieve 80 percent survival of planted riparian trees and shrubs by the end of the three-year maintenance and monitoring period or dead and dying trees shall be replaced and monitoring continued until 80 percent survivorship is achieved;

5. Corrective measures if performance standards are not met;

6. Responsible parties for monitoring and preparing reports; and

7. Responsible parties for receiving and reviewing reports and for verifying success or prescribing implementation or corrective actions.

Mitigation Measure 4.3-2: Central Valley Steelhead and Central Valley fall-run Chinook Salmon
This mitigation would apply for the Proposed Trail Alignment, Alignment Options 1A, 1C, and 5A. The City shall implement the following measures, developed based on past consultations with NMFS, to avoid, minimize and/or mitigate potential effects on Central Valley steelhead and Central Valley fallrun Chinook salmon. a. Prior to the onset of work, the qualified biologist shall conduct a mandatory worker environmental awareness training. The training shall educate workers about the importance of avoiding impacts to Central Valley steelhead and Central Valley fall-run Chinook salmon and their habitat.

The training shall also cover the relevant permit conditions and avoidance and minimization measures that protect sensitive species and habitats, as well as the penalties for non-compliance with state and federal laws, regulations, and permit requirements. The training shall include information about the life history and habitat requirements of Central Valley steelhead and Central Valley fall-run Chinook salmon and their potential to occur in the project site, as well as the terms and conditions of the Project’s Biological Opinions or other authorizing documents (i.e. letter of concurrence).
b. Construction activities occurring within creek banks and channel beds shall be limited to the low-flow period (typically June 15 - October 15), unless earlier or later dates are approved by CDFW and NMFS during consultation. By limiting in-water construction activities to this time period, the Project shall limit construction activities to periods when low flow depths and velocities within the project streams are less likely to support Central Valley steelhead or Central Valley fall-run Chinook salmon life stages including adult migration, spawning, and egg incubation periods.

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c. Fish screens or temporary stream diversion structures shall be installed to exclude Central Valley steelhead and Central Valley fall-run Chinook salmon from areas where in-water and near-water construction activities would be conducted. Installation of fish screens or temporary diversion structures shall prevent access to affected areas in the unlikely event that Central Valley steelhead or Central Valley fall-run Chinook salmon are present in the project streams during the low-flow period (June 15 - October 15).
d. The City shall retain a qualified biologist to monitor the installation of fish screens or temporary stream diversion structures, as well as any other near or in-water construction activities (e.g., installation of RSP along creek banks or below the OHWM, installation and removal of low water crossings, placement of new abutments, rock walls, gabions, and water diversions). Prior to the installation of fish screens or temporary stream diversion structures the biologist shall visually survey the in-water work area for Central Valley steelhead and Central Valley fall-run Chinook salmon.
e. Once the biologist confirms that no Central Valley steelhead or Central Valley fall-run Chinook salmon are present in the in-water work area, fish screens or temporary diversion devices shall be installed in a downstream direction, installing the upstream fish screen or temporary diversion device. The biologist shall conduct a second visual survey before the downstream portion of the fish screen or temporary stream diversion is installed. If fish are present within the diversion area, the fish shall be guided out of the in-water work area with nets by the qualified biologist.

The need for fish salvage is not anticipated because Central Valley steelhead or Central Valley fall-run Chinook salmon are not likely to be present in the project streams during the low-flow period (June 15 - October 15) – primarily because of excessive summer water temperatures that occur during this period in the project area. However, fish salvage (or relocation outside of the in-water work areas) shall be conducted as needed should fish be present.
f. Before the onset of construction activities, high visibility orange construction fencing shall be installed along the perimeter of Environmentally Sensitive Areas under the supervision of the qualified biologist. Fencing shall be installed along the limits of construction in riparian habitat, minimizing the disturbance of or encroachment on sensitive aquatic and riparian habitats. The contractor shall maintain the project’s Environmentally Sensitive Area fencing for the duration of the project and remove it when the project is complete.
g. Erosion control BMPs shall be implemented during construction to minimize the potential for erosion, and the mobilization of sediments to project waterways and be consistent with the Open Space Preserve Overarching Management Plan (and related USFWS Biological Opinion Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment C Place ID: 882943
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(81420-2008-F-1958-3). The following erosion and sediment control measures shall be implemented to prevent sedimentation and turbidity, as well as any identified in the SWPPP, 401, 404, or 1602 permits.

1. Soil exposure shall be minimized by limiting the area of construction and disturbance and through the use of temporary BMPs,
groundcover, and stabilization measures. These measures may include mulches, soil binders and erosion control blankets, silt fencing, fiber rolls, temporary berms, sediment de-silting basins, sediment traps, and check dams.

2. Pursuant to Section 13-4.03C(3) of the Caltrans Standard Specifications, water pollution control practices shall be implemented within 72 hours of stockpiling material or before a forecasted storm event, whichever occurs first. If stockpiles are being used, soil, sediment, or other debris shall not be allowed to enter storm drains, open drainages, and watercourses. Active and inactive soil stockpiles must be covered with soil stabilization.

3. Plastic mono-filament netting (erosion control matting) or similar material that could trap wildlife shall not be used. Acceptable substitutes include, but are not limited to, jute, coconut coir matting, or tackified hydroseeding compounds.

4. Energy dissipaters and erosion control pads shall be provided at the bottom of slope drains as needed. Other flow conveyance control mechanisms may include earth dikes, swales, or ditches. Stream bank stabilization measures shall also be implemented.

5. Existing vegetation shall be protected, to the extent feasible, to reduce erosion and sedimentation. Vegetation shall be preserved by installing temporary fencing, or other protection devices, around areas to be protected. Where complete removal is not necessary, vegetation shall be cut to ground level with the root systems left intact to prevent erosion and facilitate the recovery of riparian vegetation after project activities are complete.

6. Exposed soils shall be covered by loose bulk materials or other materials to reduce erosion and runoff during rainfall events.

7. Exposed soils shall be stabilized, through watering or other measures, to prevent the movement of dust at the project site caused by wind and construction activities such as traffic and grading activities.

8. All construction roadway areas shall be properly protected to prevent excess erosion, sedimentation, and water pollution.

9. The contractor shall conduct periodic maintenance of erosion and sediment control measures. All erosion and storm water control measures shall be properly maintained for the duration of the project.

Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment C Place ID: 882943
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i. A Spill Prevention and Control Plan shall be developed and implemented by the City, or its contractor, for the duration of the project. Pollution prevention and control BMPs shall be implemented during construction to minimize the risk of hazardous materials being released into waters in the project site. The following pollution and contamination prevention measures shall be implemented to prevent the release of hazardous materials during construction:
a. All equipment and materials shall be stored at least 50 feet from wetlands or waters in the project site unless the equipment is on established paved areas. If storage of equipment or materials within 50 feet of wetlands or waters in the project site is necessary, secondary containment shall be utilized to contain the equipment and materials and prevent discharge of any harmful substances into the soil or aquatic resources. Staging and storage areas for equipment, materials, fuels, lubricants, and solvents shall be located outside of the channel and banks of Dry Creek, Cirby Creek, Linda Creek, and Strap Ravine. b. Secondary containment shall be provided for stationary equipment such as motors, pumps, generators, and
compressors located within or adjacent to the Dry Creek, Cirby Creek, Linda Creek, and Strap Ravine. Any equipment or
vehicles driven or operated within or adjacent to these creeks shall be checked and maintained daily to ensure proper working conditions to avoid potential impacts such as leaks.

10.No fueling, cleaning or maintenance of vehicles or equipment, or placement of construction debris, spoils or trash should occur within 50 feet of wetlands or waters in the project site unless it occurs in designated refueling/staging areas on existing paved surfaces with secondary containment in place. Refueling of equipment should occur at approved fuel locations. Contractor shall inspect all equipment/vehicles for leaks prior to use and should inspected regularly during Project inspection.

11.For work that is to occur on existing structures over open flowing portions of Dry Creek, Cirby Creek, Linda Creek, or Strap Ravine, a method of containment such as netting, tarps or similar catchments shall be utilized to catch debris or other potential construction materials and prevent such material from falling into the waters.

12.Lighting design shall include measures to limit the amount of light “spill” on water surfaces at night that could lead to predation of juvenile salmonids. To minimize the effects of lighting on salmonids, the City shall prevent lighting that directly shines on the water surfaces of Dry Creek, Cirby Creek, and Linda Creek by minimizing the amount of Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment C Place ID: 882943
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lighting necessary to safely and effectively illuminate pedestrian areas on bridges and trails, and by shielding and focusing lights on the bridge and trail surfaces and away from water surfaces.

13.The project shall avoid impacts to riparian vegetation where feasible, and shall incorporate restoration and enhancement of the riparian corridor into the final design plans and construction specifications and shall develop a riparian and restoration plan (RRP), as part of the Compensatory Wetland, Stream and Riparian Mitigation and Monitoring Plan discussed in Impact 4.3-1, Disturbance and loss of waters of the United States, and Mitigation Measure 4.3-1 that involves onsite enhancements and purchase of mitigation bank credits to compensate for permanent and temporal loss of riparian and SRA cover. The RRP shall include on-site measures such as enhancing riparian vegetation by the planting of native shrub, tree, and understory species to create a more diverse vegetation structure and thus a higher quality habitat for wildlife. The onsite measures in the RRP may also include the planting of willows and other fast-growing native riparian species, which can quickly compensate for the loss of riparian and SRA cover, and will be planted where erosion control (RSP, slope pavement etc.) is installed along stream banks. Permanent impacts to riparian vegetation can also be mitigated with the purchase of credits (1:1 for riparian and 1.7:1 for SRA cover), and 0.5:1 for temporal loss of riparian vegetation and SRA cover. Restoration and enhancement of the riparian vegetation in the project site (combined with mitigation bank credits) shall result in no net loss of riparian habitat acreage or function and shall increase the quality of habitat for Central Valley steelhead (including Critical Habitat), Central Valley fall-run Chinook salmon (including EFH), and shall be accomplished through development and implementation of the RRP. Permanent impacts to riparian, including SRA, and waters of the United States shall be further analyzed and determined based on final design for each construction phase during Section 7 consultation as part of USACE Section 404 and CDFW Section 1602 permitting.
a. Construction techniques shall be implemented to isolate near shore work from waterbodies in the project site. It is anticipated that clear water diversion using a cofferdam or gravel bag berm with impermeable layer would be used. Isolating in-water construction areas behind cofferdams would minimize the potential for turbidity and suspended sediments from reaching levels that could harm Central Valley steelhead, degrade existing Critical Habitat, harm Central Valley fall-run Chinook salmon, or degrade existing EFH.

The extent of cofferdam footprints and dewatering shall be kept to the minimum necessary to support construction activities, and creek flow shall not be interrupted or reduced as a result of Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment C Place ID: 882943
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construction activities. Any fill material used in association with the cofferdams, such as sandbag fill, shall be composed of washed, rounded, spawning-sized gravel between 0.4 and 4 inches in diameter. If authorized by applicable state and federal permits, any of this gravel in contact with flowing water shall be left in place, and distributed manually with hand tools to allow passage for all life stages of fish. Installation and removal of cofferdams and/or gravel bag berms would be restricted to the summer low-flow period.

Mitigation Measure 4.3-3a: Avoidance and Minimization Measures The following measures shall be implemented to avoid or minimize effects to VELB and/or its habitat during construction of the proposed project.

1. A worker awareness training program for construction personnel shall be conducted by a qualified biologist prior to beginning construction activities.

The program shall inform all construction personnel about the life history and status of the beetle, requirements to avoid damaging the elderberry plants, and the possible penalties for not complying with these requirements. Written documentation of the training shall be submitted to the USFWS within 30 days of its completion.

2. If elderberry shrubs can be retained within the project footprint, the City shall avoid indirect impacts by implementing the following measures, to the extent feasible, or equivalent measures agreed to in consultation with USFWS. Minimization measures include:
a. Avoidance Area. An avoidance area shall be established at least 20 feet from the dripline of an elderberry shrub for any activities that may damage or kill the elderberry shrub (e.g., trenching, paving, etc.). b. Fencing. All areas to be avoided during construction activities shall be fenced and/or flagged as close to construction limits as feasible. c. Signage. Signage shall be posted every 50 feet along the buffer area with the following information, “This area is habitat of the valley elderberry longhorn beetle, a threatened species, and must not be disturbed. This species is protected by the Endangered Species Act of 1973, as amended. Violators are subject to prosecution, fines, and imprisonment.” The signs shall be clearly readable from a distance of 20 feet and must be maintained for the duration of construction. d. Timing. To the extent feasible, all activities that could occur within 165 feet of an elderberry shrub, shall be conducted outside of the VELB flight season (March - July).
e. Erosion Control and Revegetation. Erosion control measures will be implemented to restore areas disturbed within 165 feet of elderberry shrubs and the affected area will be re-vegetated with appropriate native plants.

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f. Chemical Usage. Herbicides will not be used within the dripline of the shrub. Insecticides will not be used within 100 feet of an elderberry shrub. All chemicals will be applied using a backpack sprayer or similar direct application method.
g. Mowing. Mechanical weed removal within the dripline of the shrub shall be limited to the season when adults are not active (August - February) and shall avoid damaging the elderberry.
h. Pre-construction and post-construction surveys. Pre-construction surveys shall document compliance with mitigation measures. The post-construction survey shall confirm that there was no additional damage to any of the elderberry shrubs than as described in this document.
i. Construction monitoring. A qualified biologist shall monitor the work area at project-appropriate intervals to assure that all avoidance and minimization measures are implemented. The amount and duration of monitoring will depend on the project specifics and shall be discussed with a USFWS biologist.
j. Elderberry Shrub Protection and Management Plan. The City will develop as part of the Section 7 consultation process with USFWS for the Dry Creek Greenway Multi-Use Trail project an elderberry shrub protection and management plan that will include how the buffer areas are to be protected, restored, and maintained after construction is completed and the City will ensure that ground-disturbing activities on the project site do not alter the hydrology for shrubs to be protected or otherwise affect the likelihood of vigor or survival of elderberry shrubs.

The Elderberry Shrub Protection and Management Plan shall be consistent with the City’s Open Space Preserve Overarching Management Plan.

Mitigation Measure 4.3-3b: Removing/Transplanting Individual Elderberry Shrubs

1. Elderberry shrubs that are in the path of construction activities and cannot be avoided shall be removed and if feasible, transplanted, according to Table 4.3-5. A Biological Opinion from USFWS will be obtained prior to removal or transplanting of elderberry shrubs. Removal of a shrub may either include the roots or just the removal of the above-ground portion of the plant. If feasible, the entire root ball shall be removed, and the shrub transplanted.

2. Elderberry shrubs requiring removal shall be transplanted as close as feasible to its original location within City-owned property or as approved by USFWS. Elderberry shrubs may be relocated adjacent to the project footprint if: 1) the planting location is suitable for elderberry growth and Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment C Place ID: 882943
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reproduction; and 2) the City is able to provide long-term protection to the shrub and ensure that the shrub becomes reestablished.

3. If these criteria cannot be met, the shrub may be transplanted to an appropriate USFWS-approved mitigation site.

4. Any elderberry shrub that is unlikely to survive transplanting because of poor condition or location, or a shrub that would be extremely difficult to move because of access problems, may not be appropriate for transplanting. The following transplanting guidelines shall be used to guide removal and transplanting of elderberry shrubs on the project site:
a. A qualified biologist shall be on-site for the duration of transplanting activities to assure compliance with avoidance and minimization measures and other conservation measures.
b. Exit-hole surveys shall be completed immediately before transplanting.

The number of exit holes found, GPS location of the plant to be relocated, and the GPS location of where the plant is transplanted shall be reported to the USFWS and to the California Natural Diversity Database (CNDDB).
c. Elderberry shrubs shall be transplanted when the shrubs are dormant (November through the first two weeks in February) and after they have lost their leaves. Transplanting during the non-growing season will reduce shock to the shrub and increase transplantation success. d. Transplanting shall follow the most current version of the ANSI A300 (Part 6) guidelines for transplanting (http://www.tcia.org/).

Mitigation Measure 4.3-3c: Compensatory Mitigation for Loss of Riparian Habitat

1. The following compensatory mitigation addresses impacts to VELB habitat through compensating for the permanent loss of riparian habitat within 165 feet of elderberry shrubs. Table 4.3-6 lists the total riparian habitat that is anticipated to be lost, according to the preliminary project design, and the corresponding credits that shall be purchased to replace habitat lost at a 3:1 ratio, as outlined in the VELB framework (USFWS 2017b). The exact amount of compensation shall be as agreed to by USFWS, per Section 7 consultation under the Federal Endangered Species Act.

2. If the City chooses not to purchase credits at a USFWS-approved bank, they shall follow USFWS requirements for providing a permanent conservation area that meets USFWS criteria and approval, as described in the VELB Framework (USFWS 2017b).

Mitigation Measure 4.3-3d: Consultation with USFWS
Caltrans, as the federal designated agency, will consult with USFWS under Section 7 of ESA for approval of transplanting and compensatory measures Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment C Place ID: 882943
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outlined in Mitigation Measures 4.3-3b and 4.3-3c prior to project construction.

Mitigation Measure 4.3-4: Nesting Raptors
This mitigation would apply for the Proposed Trail Alignment, Alternative Alignments 1A, 1C, and 5A.The following measures shall be implemented to avoid, minimize and fully mitigate impacts to Swainson’s hawk, white-tailed kite, as well as other raptors.

1. For project activities, including tree removal, that begin between February 15 and September 15, a qualified biologist shall conduct preconstruction surveys for nesting raptors and to identify active nests on and within 0.25 mile of the project site with direct line of sight from public access areas with the use of binoculars and spotting scopes to the proposed work areas. The surveys shall be conducted before the beginning of any construction activities between February 15 and September 15.

2. The City shall attempt to initiate upland construction activities before the nest initiation phase (i.e., before February 15). If breeding raptors establish an active nest site, as evidenced by nest building, egg laying, incubation, or other nesting behavior, near the construction area, they shall not be harassed or deterred from continuing with their normal breeding activities.

3. Impacts to nesting raptors shall be avoided by establishing appropriate buffers around active nest sites identified during preconstruction raptor surveys. No project activity shall commence within the buffer areas until a qualified biologist has determined the young have fledged, the nest is no longer active, or reducing the buffer, in coordination with CDFW, would not likely result in nest abandonment. CDFW guidelines recommend implementation of 500 feet for raptors, but the size of the buffer may be adjusted if a qualified biologist and the City, in consultation with CDFW, determine that such an adjustment would not likely adversely affect the nest. Monitoring of the nest by a qualified biologist during construction activities shall be required if the activity has potential to adversely affect the nest.

4. Trees shall not be removed during the breeding season for nesting raptors unless a survey by a qualified biologist verifies that there are not active nests within the trees or within 500 feet of the trees proposed to be removed. Loss of trees that provide potential nesting habitat shall be compensated by planting replacement trees according to Mitigation Measure 4.3-1 (wetlands/riparian trees) and Mitigation Measure 4.3-8 (protected oak trees).

Mitigation Measure 4.3-5: Special-status birds
This mitigation would apply for the Proposed Trail Alignment, Alignment Option 1A, 1C, and 5A.The following measures shall be implemented and are Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment C Place ID: 882943
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intended to avoid, minimize, and fully mitigate impacts to nesting specialstatus birds.

1. The City shall ensure that before any ground-disturbing project activities begin for a given proposed trail segment, a qualified biologist shall identify potential habitat for nesting special-status bird species in areas that could be affected during the breeding season by construction.

2. If vegetation removal or other disturbance related to construction of the trail segment is required during the nesting season, focused surveys for active nests of special-status birds shall be conducted before and within 5 days of initiating construction by a qualified biologist. The appropriate area to be surveyed and timing of the survey may vary depending on the activity and species that could be affected. If no active nests are found during focused surveys, no further action under this measure shall be required.

3. If an active special-status bird nest is located during the preconstruction surveys, the biologist shall notify the City and the City shall notify CDFW. Construction shall be prohibited within a minimum of 25 feet of the nest to avoid disturbance until the nest is no longer active.

4. If construction stops for more than 5 days during the nesting season, a follow up survey shall be conducted to make sure that no birds moved into the area and started nesting.

Mitigation Measure 4.3-6: Western Pond Turtle.

This mitigation would apply for the Proposed Trail Alignment, Alignment Options 1A, 1C, and 5A.

1. Implement Mitigation Measure 4.3-1.

2. Before ground disturbance, all onsite construction personnel shall be instructed by a qualified biologist regarding the potential presence of western pond turtle, the importance of avoiding impacts on this species and its habitat, and recognition of western pond turtle and its habitat(s).

3. Within 24 hours before beginning construction activities within 200 feet of suitable aquatic habitat for western pond turtle, a qualified biologist shall inspect areas of anticipated disturbance for the presence of western pond turtle nests and individuals. If nests are found, a 100-foot no disturbance buffer shall be erected and maintained until the turtles have hatched and no obstructions between the nest and aquatic habitat shall be created. No vegetation clearing will be allowed within the buffer to shelter the turtles from the elements and potential predators.

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4. If adult and juvenile turtles are found during preconstruction, dewatering, or fish rescue operations, the biologist shall relocate the western pond turtle to the nearest suitable habitat outside of the area of disturbance. The construction area shall be re-inspected whenever a lapse in construction activity of two weeks or more has occurred. The biologist shall be available thereafter; if a turtle is encountered during construction activities, the biologist shall relocate the western pond turtle to the nearest suitable aquatic habitat outside the area of disturbance. As suitable habitat is located throughout the area, it is not anticipated that turtles would be relocated far from construction areas and that they would recolonize following construction.

5. After completion of project-related construction activities, any temporary fill and construction debris shall be removed, and temporarily disturbed areas shall be restored to pre-project conditions.

Restoration of grassland and riparian habitat shall be conducted as applicable under Mitigation Measure 4.3-1 (for riparian vegetation) and Mitigation Measure 4.3-4 (for grassland habitat) in proximity to the stream corridors.

Mitigation Measure 4.3-7: Special-status bats
This mitigation would apply for the Proposed Trail Alignment, Alternative Alignments 1A, 1C, and 5A.

1. Bat surveys shall be conducted by a qualified wildlife biologist within 5 days before removal of trees that have suitable roosting habitat for bats. Specific survey methodologies shall be determined in coordination with CDFW, and may include visual surveys of bats (e.g., observation of bats during foraging period), inspection for suitable habitat, bat sign (e.g., guano), or use of ultrasonic detectors (e.g., Petterson, Anabat, Wildlife Acoustics). Removal of any significant roost sites located shall be avoided to the extent feasible with a nondisturbance buffer of 250-feet. If it is determined that an active roost site cannot be avoided and will be affected, bats shall be excluded from the roost site before the site is removed. The City shall first notify and consult with CDFW on appropriate bat exclusion methods and roost removal procedures. Exclusion methods may include use of oneway doors at roost entrances (bats may leave, but not reenter), or sealing roost entrances when the site can be confirmed to contain no bats. Once it is confirmed that all bats have left the roost, crews shall be allowed to continue work in the area. The City may have to provide temporary suitable bat roosting habitat (i.e. bat boxes), prior, during, and after exclusion to provide bat roosting habitat.

2. Exclusion efforts shall be restricted during periods of sensitive activity (e.g., during winter hibernation or while females in maternity colonies are nursing young [generally, April 15 through August 15]). If a Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment C Place ID: 882943
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hibernation or maternity roosting site is discovered, the project biologist and the City shall consult with CDFW to establish appropriate exclusionary buffers until all young are determined to be able to fly by the project biologist. Once it is determined that all young are able to fly, passive exclusion devices shall be installed and all bats will be allowed to leave voluntarily. Once it is determined by a qualified biologist that all bats have left the roost, crews shall be allowed to work within the buffer zone.

Mitigation Measure 4.3-8: Avoid impacts or mitigate for impacts to Valley Oak Woodland, and other Sensitive Vegetation Alliances and Associations (previously known as Sensitive Natural Communities) This mitigation would apply for the Proposed Trail Alignment, Alignment Option 1A, 1C, and 5A.

1. To the maximum extent feasible, oak and riparian trees shall be avoided where possible and protection measures shall be implemented to protect oak woodlands, riparian areas and associated native trees from project-related impacts. The following measures shall be implemented for oak and riparian trees that would be impacted by project activities to avoid and minimize potential impacts to individual oak and riparian trees
a. Temporary protective fencing shall be installed at least one foot outside the dripline of the native oak tree before initiating construction to avoid damage to the tree canopy and root system. A circle with a radius measurement from the trunk of the tree to the tip of its longest limb will constitute the dripline protection area for each tree. Limbs must not be cut back to change the dripline. The area beneath the dripline is a critical portion of the root zone and defines the minimum protected area of each tree. Removing limbs that make up the dripline does not change the protected area. b. No vehicles, construction equipment, mobile home/office, supplies, materials or facilities shall be driven, parked, stockpiled or located within the dripline of the native oak trees.
c. No grading shall be allowed within the dripline of the native oak tree.
d. No trenching shall be allowed within the dripline of the native oak tree. If it is necessary to install underground utilities within the dripline of the native oak tree, the utility line shall be jacked and bored under the supervision of a certified arborist.
e. Drainage patterns onsite shall not be modified so that water collects or stands within, or is diverted across, the dripline of any native oak tree.

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f. If ground disturbance must occur within the protected zone of a native oak tree, all work shall occur consistent with the City’s Tree Preservation Ordinance requirements.

2. For those trees that cannot be avoided, the City shall comply with any riparian habitat conditions to comply with the Compensatory Wetland, Stream and Riparian Mitigation and Monitoring Plan that will be developed during the Section 404, Section 401, and Section 1602 permitting process as described in Mitigation Measure 4.3-1.

Additionally, the City shall implement the following:
a. An arborist report shall be conducted to identify the species and quantities of trees that will be removed to implement the project. b. If native oak trees are removed, they shall be replaced as outlined in the City’s Tree Preservation Ordinance 19.66.070. A Tree Planting and Maintenance Plan showing species, size, spacing and location of plantings, and the location and species of established vegetation shall be prepared. A monitoring program shall also be established to ensure compliance with any prescribed mitigation measures established by the project and to monitor the oak woodland restoration area.
c. Fully implement Mitigation Measure 4.3-1, which requires the City to secure and comply with a CDFW Streambed Alteration
Agreement that would include a riparian restoration component.

Mitigation Measure 4.3-9: Special-status plants – Sanford’s arrowhead.

This mitigation would apply for the Proposed Trail Alignment, Alternative Alignments 1A, 1C, and 5A.

The City shall implement the following measures to reduce potential impacts on Sanford’s arrowhead:

1. Prior to project construction and during the blooming period for Sanford’s arrowhead (May – November), a qualified botanist shall conduct floristic-level surveys for Sanford’s arrowhead in areas where potentially suitable habitat would be removed or disturbed by project activities. The normal blooming period for Sanford’s arrowhead generally indicates the optimal survey period when the species is most identifiable.

2. If no Sanford’s arrowhead plants are found, the botanist shall document the findings in a letter report to the City of Roseville and CDFW and no further mitigation shall be required.

3. If Sanford’s arrowhead plants are found that cannot be avoided during construction, the City shall consult with CDFW to determine the appropriate mitigation measures for direct and indirect impacts that could occur as a result of project construction and shall implement the agreed-upon mitigation measures to achieve no net loss of occupied habitat or individuals. Mitigation measures may include preserving and enhancing existing populations, creation of offsite (but within the Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment C Place ID: 882943
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stream reach) populations on project mitigation sites through seed collection or transplantation, and/or restoring or creating suitable habitat in sufficient quantities to achieve no net loss of occupied habitat and/or individuals. Potential mitigation sites could include suitable locations along the stream but outside of the construction areas. A mitigation and monitoring plan shall be developed describing how unavoidable losses of special-status plants will be compensated.

4. If relocation efforts are part of the mitigation plan, the plan shall include details on the methods to be used, including collection, storage, propagation, receptor site preparation, installation, long-term protection and management, monitoring and reporting requirements, success criteria, and remedial action responsibilities should the initial effort fail to meet long-term monitoring requirements.

5. Success criteria for preserved and compensatory populations shall include:
a. The extent of occupied area and plant density (number of plants per unit area) in compensatory populations shall be equal to or greater than the affected occupied habitat.
b. Compensatory and preserved populations shall be self-producing.

Populations shall be considered self-producing when:
i. plants reestablish annually for a minimum of five years with no human intervention such as supplemental seeding;
ii. reestablished and preserved habitats contain an occupied area and flower density comparable to existing occupied habitat areas in similar habitat types in the project vicinity. c. If off-site mitigation includes dedication of conservation easements, purchase of mitigation credits, or other off-site conservation measures, the details of these measures shall be included in the mitigation plan, including information on responsible parties for long-term management, conservation easement holders, long-term management requirements, success criteria such as those listed above and other details, as appropriate to target the preservation of long term viable populations.

Mitigation Measure 4.3-10: Movement of native resident or migratory fish or wildlife species or migratory wildlife corridors or impede the use of native wildlife nursery sites.

This mitigation would apply for the Proposed Trail Alignment, Alternative Alignments 1A, 1C, and 5A.

Implementation of Mitigation Measure 4.3-1 and Mitigation Measure 4.3-2 would ensure that impacted habitats are mitigated for or restored, and work windows would prevent impact to migratory fish species. The work windows would allow the fish to freely use the stream corridors during migration to and Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment C Place ID: 882943
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from the streams. Impacted habitats (i.e., aquatic, riparian and SRA) would be restored or mitigated for and although affected their long-term function as breeding or nursery site would not be impacted.

D. Statement of Overriding Considerations
The City of Roseville FEIR identifies certain significant impacts to the environment that cannot be avoided or substantially lessened with the application of feasible mitigation measures or feasible alternatives. Because there are significant and unavoidable impacts the Central Valley Water Board provides this Statement of Overriding Considerations in compliance with CEQA. (Public Resources Code, section 21081, subd (b); California Code of Regulations, title 14, section 15093.)
The significant and unavoidable impacts and the benefits related to implementing the Dry Creek Greenway East Trail Project are disclosed in the City of Roseville FEIR, CEQA Findings of Fact, and Statement of Overriding Considerations. The unavoidable impacts to water resources are discussed in subsection C above.

The Central Valley Water Board has considered the economic, legal, social, technological, and other benefits of the Project against its significant unavoidable impacts to water resources and finds that the specific economic, legal, social, and technological benefits of implementing the Project outweigh the significant and unavoidable impacts to water resources.

E. Determination
The Central Valley Water Board has reviewed and considered the environmental document and supplemental information provided by the City of Roseville and has reached its own conclusion to approve this Project. 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.) Attachment D
Reports and Notification Requirements
D.
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Attachment D – 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 and 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: Sara Gevorgyan; Project Name; and WDID No. 5A31CR00583 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment D Place ID: 882943
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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.

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 PostDischarge Monitoring Period includes continued water quality monitoring or compensatory mitigation monitoring.

E. Effective Date:
22 November 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):

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• 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. • 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.

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V. Report and Notification Cover Sheet
Project: Dry Creek Greenway East Trail Project
Permittee: City of Roseville
WDID: 5A31CR00583
Reg. Meas. ID: 448996
Place ID: 882943
Order Effective Date: 22 November 2022
Order Expiration Date: 21 November 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 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment D Place ID: 882943
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“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.

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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.

2. Report Type 2 - Annual Report
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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 December. 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.

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Report Contents -
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.

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iv. Construction Storm Water General Permit WDID No.
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.

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ii. Part B: Permittee Responsible Compensatory Mitigation 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
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.

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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.

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b. When to Submit - At least 10 working days prior to the transfer of ownership.
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 working 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
E.
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Attachment E – 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
F.
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Attachment F – 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 to waters of the state;
c. How the Project activity is currently addressed in the Order; and, d. Why a Certification Deviation is necessary for the Project.

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

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

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

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

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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.)
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
Compliance with Code of Federal Regulations, Title 40, Section 121.7, Subdivision (d) G.
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Attachment G - Compliance with Code of Federal Regulations, Title 40, Section 121.7, Subdivision (d)
The purpose of this Attachment is to comply with Code of Federal Regulations, title 40, section 121.7, subdivision (d), which requires all certification conditions to provide an explanation of why the condition is necessary to assure that any discharge authorized under the certification will comply with water quality requirements and a citation to federal, state, or tribal 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. The other Order Sections are not “conditions” as used in Code of Federal Regulations, title 40, section 121.7
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." Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment G Place ID: 882943
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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 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment G Place ID: 882943
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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 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment G Place ID: 882943
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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 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment G Place ID: 882943
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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 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment G Place ID: 882943
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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 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment G Place ID: 882943
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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 pursuant to 40 C.F.R. section 121.9, 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 Porter-Cologne 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 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment G Place ID: 882943
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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 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment G Place ID: 882943
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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 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment G Place ID: 882943
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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
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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 – Not Applicable

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 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment G Place ID: 882943
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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)
Total Maximum Daily Loads (TMDLs) are action plans to restore clean water.

Section 303(d) of the federal Clean Water Act requires that states identify water bodies -- bays, rivers, streams, creeks, and coastal areas -- that do not meet water quality standards, and the pollutants that impair them. TMDLs examine the water quality problems, identify sources of pollutants, and specify actions that create solutions. They are adopted by the Regional Water Board as amendments to our Region's Basin Plan. 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.

J. Mitigation for Temporary Impacts
The conditions under Section J require restoration of temporary impacts to waters of the state. Conditions in this section related to restoration and/or mitigation of temporary impacts are consistent with the Dredge or Fill Procedures, which requires “in all cases where temporary impacts are proposed, a draft restoration plan that outlines design, implementation, assessment, and maintenance for restoring areas of temporary impacts to pre-project conditions.” (Dredge or Fill Procedures section IV. A.2(d) & B.4.) Technical reporting and monitoring requirements under this condition are consistent with the Central Valley Water Board’s authority to investigate the quality of any waters of the state Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment G Place ID: 882943
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and require necessary reporting and monitoring pursuant to Water Code sections 13267 and 13383.

K. Compensatory Mitigation for Permanent Impacts
Mitigation Bank Development/In-Lieu Fee Project Development The conditions under Section K 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 Dry Creek Greenway East Trail Project Reg. Meas.ID: 448996 Attachment G Place ID: 882943
Page G-14
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).

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2021 Nationwide
Permit Summary
33 CFR Part 330; Issuance of Nationwide
Permits – February 25, 2022

14. Linear Transportation Projects. Activities required for crossings of waters of the United States associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, driveways, airport runways, and taxiways)in waters of the United States. For linear transportation projects in non-tidal waters, the discharge of dredged or fill material cannot cause the loss of greater than 1⁄2-acre of waters of the United States. For linear transportation projects in tidal wa ters, the discharge of dredged or fill material cannot cause the loss of greater than 1⁄3- acre of waters of the United States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear
transportation project; such modifications must be in the immediate vicinity of the project.

This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to construct the linear transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize
flooding to the maximum extent practicable, when temporary structures, work, and discharges of dredged or fill material, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to preconstruction elevations. The areas affected by temporary fills must be revegetated, as appropriate.

This NWP cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle maintenance orstorage buildings, parking lots, train stations, or aircraft hangars.

Notification:The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if: (1) The loss of waters of the United States exceeds 1⁄10 acre; or (2) there is a discharge of dredged or fill material in a special aquatic site, including wetlands. (See general condition

32.) (Authorities: Sections 10 and 404).

Note 1: For linear transportation projects crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Linear transportation projects must comply with 33 CFR 330.6(d).

Note 2: Some discharges of dredged or fill material for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an exemption under Section 404(f) of the Clean Water Act (see 33 CFR 323.4).

Note 3: For NWP 14 activities that require pre-construction notification, the PCN must include 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 that require Department of the Army authorization but do not require pre-construction notification (see paragraph (b)(4) of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, ‘‘District Engineer’s Decision.’’ The district engineer may require mitigation to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see general condition 23).

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
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 Pla ces, 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 createdor 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 forresource 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 thenumber 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 forthe 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 howthe 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 a ctivity’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 tothe 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)).

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

ENCROACHMENT PERMIT
TR-0120 (REV 12/2022)
FM 91 1436
03-23-N-MC-0036
Permit No.

ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected].

In compliance with your application of January 13, 2023 Reference Documents:

Utility Notice No.

Agreement No.

R/W Contract No.

Project code (ID):

Utility Work Order #:
of
of
of
CFC #:
03/PLA/80/PM 0.8
Dist/Co/Rte/PM
January 26, 2023
Permit Approval Date
$0
Performance Bond Amount (1)
$0
Payment Bond Amount (2)
N/A
Bond Company
$ N/A
Bond Number (1)
$ N/A
Bond Number (2)
City of Roseville Department of Public Works
311 Vernon Street
Roseville, CA 95678
TO:
, PERMITTEE
Construct a 10-foot wide multi use trail that will cross under Interstate 80 near Cirby Way in Roseville per the attached plans. Along with the General and Special provisions the attached conditions apply. and subject to the following, PERMISSION IS HEREBY GRANTED to:

THIS PERMIT IS NOT A PROPERTY RIGHT AND DOES NOT TRANSFER WITH THE PROPERTY TO A NEW OWNER.

The following attachments are also included as part of this permit (check applicable):

YES NO General Provisions
YES NO Utility Maintenance Provisions
YES NO Storm Water Special Provisions
YES NO Special Provisions
YES NO A Cal-OSHA Permit, if required: Permit No.

YES NO As-Built Plans Submittal Route Slip for Locally Advertised Projects YES NO Storm Water Pollution Protection Plan
In addition to fee, the permittee will be billed actual costs for:

YES NO Review
YES NO Inspection
YES Field Work
(if any Caltrans effort expended)
YES NO The information in the environmental documentation has been reviewed and considered prior to approval of this permit.

This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized.

No project work shall be commenced until all other necessary permits and environmental clearances have been obtained.

This permit is void unless the work is completed before September 1 , 2023 CC:
#1:
#2:
#3:
#4:

Amarjeet S. Benipal
APPROVED:
, District Director

ALEX WU
BY:
, for District Permit Engineer {{Sig1_es_:signer1:signature }} Permit 03-23-N-MC-0036 Conditions

1. Permittee must arrange the onsite pre-construction meeting with the Caltrans representative and Traffic Control Company representative; a minimum of two (2) weeks prior to the start of work to discuss scope of work, schedule, and Traffic Control Plans (TCP) and site-specific needs.

2. Traffic control must be placed, maintained, and performed by a California C-31 Construction Zone Traffic Control Contractor and be in accordance with the latest edition of CA MUTCD and Caltrans standards. Flaggers and traffic control technicians must be certified by a Caltrans authorized training provider in order to perform traffic control in the State right of way. The permittee must ensure that traffic does not back up on ramps and State Routes.

3. Shoulder/Lane closure requests (including "Road Work Ahead" type signs in shoulder) must be submitted to the Caltrans representative via email (with the form filled out) by NOON on the Monday preceding the week of planned work, i.e., if you need a closure for a Friday, you must make that request on the Monday of the preceding week (11 days prior). Requests received after NOON on Monday will not be processed until the following Monday.

4. Lane or shoulder closures are not authorized unless approved by Caltrans' Traffic Management Center (TMC).

All closures and canceled closures must be called in to TMC dispatch at 916-859-7900 at the beginning and end of each scheduled closure. Failure to do so could result in denial of future closure requests.

5. Permittee must keep a log of all closures called in to TMC (10-97 closure up, 10-98 closure down, and 10-22 canceled closure), and the name of the dispatch person at the TMC. A copy of the log must be provided via e-mail to the Caltrans representative at the end of each week, no later than close of business on Friday.

6. Caltrans is not member of USA (Underground Service Alert). It is the responsibility of the permittee to locate and protect all Caltrans' facilities, including, but not limited to, traffic loops within the project limits. Your attention is directed to Provision #31 for restoration and repair of any damages to Caltrans’ facilities.

7. Work must not be performed in rain, fog or inclement weather. If weather or adverse conditions cause a public hazard, work must be discontinued immediately.

8. Permittee must reuse the soil within the work limits in the immediate area from which it was excavated. If any excess soil is generated, it becomes the property of the permittee. Permittee must transport all excess soil outside of Caltrans’ right-of-way and dispose of it in accordance with all applicable environmental laws and regulations.

9. Coordination of this project is required through the local assistance branch, ensuring compliance with all environmental requirements discussed and set forth during 0 phase coordination with Caltrans.

10. Any disturbed soil area caused by equipment needs to be stabilized at the end of the job.

11. No sediment tracking allowed on State ROW. Any sediment that is tracked onto roads must be swept up immediately.

12. Erosion control must be provided for areas of disturbed soil. Appropriate BMPs according to slope conditions shall be exercised per Caltrans standards.

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

ENCROACHMENT PERMIT GENERAL PROVISIONS

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