1. Seed Species and Planting Rates
a. Seed mix shall be provided by the Contractor and shall be grown within the Central Valley and surrounding foothill s from seed collected from Sacramento, Sutter, Colusa, Yolo, Butte, El Dorado, Placer, Nevada, and Yuba County sources, and shall adhere to PLS lbs/acre for the mix as shown in the table. See d may be grown outside the Central Valley only with prior approval from the Owner. Seed shall be pre -mixed by the supplier before shipment to the project site. Seed mix shall not contain noxious weed seed or mold.
SEED MIX
Botanical Name
Common Name Qty
Elymus glaucus
Blue wildrye 8 lbs/acre
Elymus trachycaulis
Slender wheatgrass 8 lbs/acre
Elymus triticoides
Creeping wildrye 10 lbs/acre
Hordeum brachyantherum
ssp. Californicum
California barley 8 lbs/acre
Pos secunda ssp. Secunda
Pine bluegrass 3 lbs/acre
Stipa pulchra
Purple needlegrass 17 lbs/acre
Total for mix
54 lbs/acre
Notes:
PLS = “Pure Live Seed ”; PLS seeding rates account for variation in purity and germination rates of bulk seed between seed lots, and PLS is a certified rating by seed suppliers.
B. Seed Samples
1. The Owner may at any time request , test, and analyze Seed Materials including the seed mix or mulch to ensure their conformance to these Specifications. The Contractor shall furnish, at no additional cost, the requested ma terials for the Owner's use. Seed materials not meeting the Owner's approval shall immediately be removed from the project site at the Contractor's expense. The Contractor shall incur any additional expenses required because of materials not meeting the requirements of these Specifications. The following shall be submitted by the Contractor acc ording to submittal procedures included in the Contract. The Contractor shall furnish, at no additional cost, the requested materials for the Owner's review.
a. Seed mix verification by way of certified mix labels from supplier in sealed seed mix bags. In addition, the Contractor shall submit a 5-pound bag of the seed mix for review before any seeding operations.
b. Before delivery of the straw material to the project sit e, the Contractor shall provide the material order and the name, addre ss and telephone number of the material supplier. In addition, the Contractor shall submit mulch material samples in 5-pound bags, each, for review before any seeding operations.
SEEDING 329219 - 3
C. Fiber Mulch
1. Fiber mulch shall be dyed wood cellulose fiber specially prepared for hydroseeding.
D. Straw Mulch
1. Straw mulch shall be certified noxious weed free straw derived from rice, seedless wheat or native grass hay. The Contractor shall furnish evidence that c learance has been obtained from the County Agricultural Commissioner, as required by law, before straw obtained from outside the county in which it is to be used is delivered to the site of the work. Straw that has been used for stable bedding shall not be used. Straw shall be free of mold. Straw shall be cured and dry with no water added after baling.
E. Water
1. Water shall be furnished by the Contractor, in conformance with these Specifications, and shall be free of chemicals detrimental to the seed mixture.
F. Stabilizing Emulsion (Tackifier)
1. Stabilizing emulsion shall be in a dry powder form, may be re-emulsifiable and shall be a processed organic derivative of Plantago insularis used as a soil binder.
PART 3 - EXECUTION
3.1 PREPARATION
A. General
1. The Contractor shall be responsible for coordinating all site preparation and seeding operations with seasonal water levels.
B. Debris Removal
1. Prior to ground surface preparation operations, Contractor shall remove and dispose of all wire, rubbish, stones, and other material that might hinder proper grading and subsequent maintenance.
C. Surface Preparation
1. Areas to be seeded shall be prepared co nsistent with 31 00 00 EARTHWORK prior to application of seeding. The soil surface for all levee slopes, excluding slopes with rock slope protection, and other disturbed areas to be seeded shall be disked prior to seeding and planting to a minimum depth of 6-inches, with dirt clods pulverized to a maximum of 2-inches diameter. Levee slopes shall then be track-walked up and down slope so that the surface of prepared levee slopes shall be uniform and non-undulating, with track ridges or depressions not to exc eed 3 -inches offset from the overall surface plane. When conditions are such, by reason of excessive moisture or other factors, that satisfactory results are not likely to be obtained, the work shall be stopped and shall be resumed only when directed by the Owner.
2. Surface preparation by disking and track walking will not apply to designated haul roads located along the waterside or landside toe of levees. Seeding and surface preparation will be required where haul roads cross the NEMDC channel between toe roads, on slopes after temporary ramps are removed, and other areas disturb ed by construction activities.
SEEDING 329219 - 4
3.2 METHOD OF SEEDING
A. Hydroseeding
1. The seed shall be mixed with cellulose fiber and water to form a slurry. Mix the slurry in tanks having continuous agit ation so that a homogeneous mixture is discharged hydraulically through hoses on the area to be seeded.
a. Apply seed and mulch in suspension at the following rates:
1) Seed - At rates specified in the Seed Mix Tables
2) Fiber Mulch - 500 pounds per acre
b. Following the application of seed mix, straw mulch shall be pneumatically applied to the area seeded, at a rate of 1,500 pounds per acre. Straw mulch shall not be applied to channel surfaces.
c. Following the application of straw mulch, a stabilizing emulsion and fiber mulch mixture shall be hydraulically applied to the area strawed, at the following rates:
1) Stabilizing emulsion - 100 pounds per acre
2) Fiber Mulch - 1,000 pounds per acre
3.3 ESTABLISHMENT
A. Period
1. The Contractor shall be responsible for the proper care of the s eeded areas for one year following the application of the seed, or until the desired stand of vegetation is established. The desired stand of vegetation is defined as a minimum of 85 pe rcent coverage of the area seeded. The need for repairing and reseeding (as described herein) within the establishment period shall be as determined by the Owner.
B. Protection
1. Protect areas susceptible to vehicular or heavy foot traffic by erecting suitable barricades immediately after se eding is completed and/or by placing warning signs of a type and spacing reviewed by the Owner. The Owner shall provide language to be included on each sign.
3.4 REPAIR
A. General
1. When any portion of the ground surface becomes rilled, gulli ed or otherwise damaged following seeding within the period of Contractor's responsibility, repair the affected portion to re-establish the condition and grade of the soil prior to planting and then reseed as specified for initial planting, all at no cost to the Owner.
B. Reseeding
1. When it becomes evident that the seedin g has been unsuccessful, the Owner will require that these areas be reseeded with the same seed and quantity as specified for the initial seeding. Complete reseeding within fifteen (15) days fo llowing notification. Prepare the area to be reseeded as directed by the Owner. Reseeding due to damaged or deficient seed material or improper application will be completed at no additional cost to the Owner.
C. Replacement of Straw Mulch, Fiber, and Tackifier
SEEDING 329219 - 5
1. Slopes of 3:1 or steeper where erosion has occurred, or wher e straw mulch has blown or washed away within the period of Contractor's responsibil ity shall have straw, fiber, and tackifier reapplied at the rate and method described in parag raph 3.2.A at no additional cost to the Owner.
3.5 FIELD QUALITY CONTROL
A. During the course of work or upon completion of the Project, a check of the quantities of materials will be made against the areas treated, and if the minimum rates of application have not been met, the Owner will require the distribution of additional quantities o f those materials to make up the minimum applications specified.
3.6 PROJECT CLOSEOUT
A. The Contractor shall submit duplicate copies of Invoices for all materials.
END OF SECTION 329219
CONCRETE VAULTS AND CHAMBERS 330563 - 1
SECTION 330563 - CONCRETE VAULTS AND CHAMBERS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Precast concrete vaults and chambers.
2. Vault covers.
1.2 REFERENCE STANDARDS
A. American Association of State Highway and Transportation Officials:
1. AASHTO M 306 - Standard Specification for Drainage, Sewer, Utility, and Related Castings.
B. American Welding Society:
1. AWS D1.1 - Structural Welding Code - Steel.
2. AWS D1.4 - Structural Welding Code - Reinforced Steel.
C. ASTM International:
1. ASTM A36 - Standard Specification for Carbon Structural Steel.
2. ASTM A48 - Standard Specification for Gray Iron Castings.
3. ASTM A123 - Standard Specification for Zinc (Hot- Dip Galvanized) Coatings on Ir on and Steel Products.
4. ASTM A706 -Standard Specification for Deformed and Plain Low -Alloy Steel Bars for Concrete Reinforcement.
5. ASTM A780 - Standard Practice for Repair of Damaged and Uncoated Areas of Hot-Dip Galvanized Coatings.
6. ASTM C877 - Standard Specification for External Sealing Bands for Concrete Pipe, Manholes, and Precast Box Sections.
7. ASTM C150 - Standard Specification for Portland Cement.
D. The Society for Protective Coatings:
1. SSPC Paint 20 - Zinc-Rich Primers (Type I - Inorganic and Type II - Organic).
1.3 SUBMITTALS
A. Section 013300 - Submittal Procedures: Requirements for submittals.
B. Product Data: Submit manufacturer information regarding frames and c overs, component construction, features, configuration, dimensions.
C. Shop Drawings:
CONCRETE VAULTS AND CHAMBERS 330563 - 2
1. Indicate vault or chamber locations, elevations, sections, piping, sizes and elevations of penetrations.
2. Indicate design, construction and installation details, typical reinforcement and additional reinforcement at openings and for each type, size, and configuration.
D. Manufacturer's Certificate: Certify that products meet or exceed specified requirements.
E. Welder Certificates: Certify welders and welding procedures employed on Wo rk, verifying AWS qualification within previous 12 months.
F. Manufacturer Instructions: Submit detailed instructions on installation requirements, includin g storage and handling procedures.
1.4 QUALITY ASSURANCE
A. Obtain precast concrete vaults and chambers from single source.
B. Perform structural design according to ACI 318.
C. Perform Work according to NPCA Q uality Control Manual for Pre cast and Prestressed Concrete Plants.
D. Material and Fabrication:
1. Other Structures: Comply with ASTM C913.
E. Welding:
1. Structural Steel: Comply with AWS D1/1.
2. Reinforcing Steel: Comply with AWS D1.4.
1.5 WARRANTY
A. Furnish five-year manufacturer's warranty for concrete vaults, chambers, and appurtenances.
PART 2 - PRODUCTS
2.1 PERFORMANCE AND DESIGN CRITERIA
A. Minimum Loading: Comply with ASTM C857 and ASTM C890.
B. Live Load, with Impact Loading:
1. Comply with AASHTO HS20-44.
2. Maximum Each Wheel: 16,000 lbf..
2.2 PRECAST CONCRETE VAULTS AND CHAMBERS
A. Material of Construction: Reinforced precast concrete.
CONCRETE VAULTS AND CHAMBERS 330563 - 3
B. Foundation Slab:
1. CLSM per Section 312323.33 – FLOWABLE FILL up to springline of the pipe and bottom of the vault.
2.3 VAULT COVERS
A. Manufacturers:
1. USF Fabrication, or approved equal.
B. Description:
1. Galvanized steel lid, spring loaded and water tight hinged access hatch.
2. Materials of Construction: Steel; welded.
3. Size: As indicated on the Drawings.
4. Door Configuration: Single or Double.
5. Cover:
a. Fabrication: Diamond Plate.
b. Reinforce with structural stiffeners as required to support indicated loads.
6. Frame:
a. Type: Angle.
b. Furnish integral seat to support cover stiffeners.
c. Anchor flange around frame perimeter.
7. Hinge Material: Stainless steel.
8. Lift Handle:
a. Type: Flush drop; non-removable.
b. Mounting: In cover.
9. Lifting Mechanism:
a. Compression Springs: Stainless steel.
b. Furnish automatic hold-open and dead stop to retain cover in open position. c. Cover springs to prevent contact by personnel entering vault or chamber.
10. Latch Mechanism:
a. Lock: Stainless steel.
b. Furnish removeable external handle and permanent internal release mechanism.
11. Hardware: Stainless steel.
12. Finishes: Galvanized after fabrication.
2.5 MATERIALS
A. Concrete:
CONCRETE VAULTS AND CHAMBERS 330563 - 4
1. Portland Cement:
a. Comply with ASTM C150/C150M.
b. Type: II.
2. Fine and Coarse Aggregates: Co mply with ASTM C33 , except that gradation requirements do not apply.
3. Water: Clean and not detrimental to concrete.
B. Concrete Reinforcement:
1. Reinforcing Steel:
a. Comply with ASTM A706.
b. Yield Strength: 60 ksi.
c. Bars: Deformed; low-alloy steel.
d. Finish: Unfinished.
2.6 FABRICATION
A. Comply with ACI 318 and NPCA Quality Control Manual for Precast and Prestressed Concrete Plants.
B. Fabricate vaults, chambers, and openings to size and configuration as indicated on Drawings.
C. Forms:
1. Fabricate to provide uniform precast concrete units with consistent dimensions.
2. Clean after each use.
D. Reinforcing:
1. Install reinforcement by tying or welding to make rigid assemblies.
2. Position reinforcement to maintain minimum ½-inch cover.
3. Secure reinforcement to prevent displacement while placing concrete.
E. Position and secure embedded items to prevent displacement while placing concrete.
F. Deposit concrete in forms and consolidate concrete without segregating aggregate.
G. Provide initial curing by retaining moisture using one of following methods:
1. Cover with PE sheets.
2. Cover with burlap or other absorptive material and keep continually moist.
3. Apply curing compound according to manufacturer instructions.
H. Provide final curing according to manufacturer's standard.
I. Remove forms without damaging concrete.
CONCRETE VAULTS AND CHAMBERS 330563 - 5
2.7 MIXES
A. Concrete:
1. Normal Weight: Select proportions according to ACI 2111.1 and 318.
2.8 FINISHES
A. Concrete:
1. Formed Surfaces Not Exposed to View: As formed.
2. Unformed Surfaces:
a. Finish with vibrating screed or hand float.
b. Items Permitted: Color variations, minor indentations, chips, and spalls. c. Items Not Permitted: Major imperfections, honeycomb, or other such defects.
B. Steel:
1. Galvanizing:
a. Comply with ASTM A123.
b. Hot-dip galvanize after fabrication.
2.9 ACCESSORIES
A. Grout:
1. Cement Type: Portland cement, sand, and water mixture with stiff consistency to suit intended purpose.
2. Nonshrink Type:
a. Description: Premixed compound consisting of nonmetallic aggregate, cement, and water-reducing and plasticizing agents.
b. Comply with ASTM C1107.
c. Minimum Compressive Strength: 2,400 psi in 48 hours, and 7,000 psi in 28 days.
B. Touch-Up Primer for Galvanized Surfaces:
1. Comply with ASTM A780.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify that items provided by other Sections of Work are properly sized and located.
B. Verify correct size and elevation of excavation.
CONCRETE VAULTS AND CHAMBERS 330563 - 6
C. Verify that subgrade and bedding are properly prepared, compacted, and ready to receive Work of this Section.
3.2 INSTALLATION
A. According to ASTM C891.
B. Conduct operations not to interfere with, inte rrupt, damage, destroy, or endanger integrity of surface structures or utilities in immediate or adjacent areas.
C. While lowering vaults or chambers into excavations and joining pipe to units, take precautions to ensure that interiors of pipeline and structure remain clean.
D. Install vaults and chambers to elevation and alignment as indicated on Drawings.
E. Excavating:
1. As specified herein and in indicated locations and depths.
2. Provide clearan ce around sidewalls structure for construction operations and granular backfill.
F. Base and Alignment:
1. Install vaults and chambers supported at proper grade and alignment on CLSM as indicated on Drawings.
G. Knock-out Boxes:
1. Remove knock outs or cut structure to receive piping without creating openings larger than required to fit pipe.
2. Fill annular space with grout.
H. Frame and Cover and Access Hatch:
1. Set level, without tipping, to elevations as indicated on Drawings.
2. Set cover and access hatch at finished grade.
3. Touch up damaged galvanized coatings.
END OF SECTION 330563
STORM DRAINAGE; PRESSURE 331100 - 1
SECTION 331100 – STORM DRAINAGE; PRESSURE
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Piping Materials
2. Valves and other accessories
1.2 Manufacturer Qualifications
A. Manufacturer shall have a minimum of 5 years recent experience producing WSP pressure pipe and fittings for at least the specified sizes and lengths and shall be able to submit documentation of at least 5 installations in satisfactory operation for at least 5 years.
B. The WSP utility pipe and fittings manufacturer shall review and approve or prepare all Shop Drawings and other submittals for all components furnished under this Section.
1.3 SUBMITTALS
A. Section 013300 - Submittal Procedures: Requirements for submittals.
B. Product Data: Submit manufacturer information regarding pipe materials, pipe fittings, valves, and couplings .
C. Manufacturer's Certificate: Certify that products meet or exceed specified requirements.
G. Shop Drawings for pipe fabrication to be provided by Owner H. Submit qualifications for welder in accordance with AWWA C -206.
I. Hydrostatic testing plan.
1.4 DELIVERY, STORAGE, AND HANDLING
A. Delivery and Storage
1. Inspect materials delivered to site for damage. Unload and store with minimum handling.
Store materials on site in enclosures or under protective covering. Store rubber gaskets under cover out of direct sunlight. Do not store materials directly on the ground. Keep inside of pipes, fittings, valves free of dirt and debris.
B. Handling
1. Handle pipe, fittings, valves, and other accessories in a manner to ensure delivery to the trench in sound undamaged condition. Take special care to avoid injury to coatings and STORM DRAINAGE; PRESSURE 331100 - 2
linings on pipe and fittings; make repairs if coatings or linings are damaged. Do not place any other material or pipe inside a pipe or fitting after the coating has been applied.
Carry, do not drag pipe to the trench. Use of pinch bars and tongs for aligning or turning pipe will be permitted only on the bare ends of the pipe. The interior of pipe and accessories shall be thoroughly cleaned of foreign matter before being lowered into the trench and shall be kept clean during laying operations by plugging or other approved method. Before installation, the pipe shall be inspected for defects. Material found to be defective before or after laying shall be replaced with sound material without additional expense to the Owner. Store rubber gaskets that are not to be installed immediately, under cover out of direct sunlight.
2. Coated and Lined Steel Pipe
3. Handle steel pipe with coal -tar enamel, cement -mortar, fusion bonded epoxy, and/or polyethylene tape coating in accordance with the provisions of AWWA C203.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Piping Materials
1. Owner-furnished Steel Piping - Storm Drainage
a. Pipe and Fittings: Pipe, AWWA C200. Fittings, AWWA C208 and to AWWA C200, with reference to the requirements specified therein for "Special Sections." Pipe and fittings shall have cement-mortar lining and coating. Ends of pipe and fittings shall be suitable for the joints and jointing materials used. The specified nominal inside diameter shall be after lining. All pipes sized noted at nominal inside diameter unless specifically noted on drawings.
1) Steel pipe shall be Complete Joint Penetration (CJP) for shop welded joints and field joints shall be welded with butt straps per the Drawings. 2) Fittings and specials shall be made of the same material as the pipe. Specials and fittings may be made of standard steel tube turns or segmentally welded sections, with ends to accommodate the type of couplings or joints specified for the pipe. The thickness rating of pipe fittings and specials shall be not less than the thickness specified and the pressure rating calculated for the pipe with which they are used. Protective materials for fittings and specials shall be as specified for the pipe. Specials and fittings that cannot be mechanically lined, coated, and wrapped shall be lined, coated, and wrapped by hand, using the same material used for the pipe with the same number of applications of each material, smoothly applied.
b. Wall Thickness for Pipe and Fittings: Wall thickness of steel pipe and fittings shall be determined by the manufacturer of the pipe and calculated in the following manner. Design for the following minimum conditions:
Pressure Rating 150 psi
Earth cover 1.0 feet min and 25 feet max
Water hammer 40 percent of pressure rating
Live load AASHTO H 25 truck loading or AASHTO
HL-93 truck loading; whichever is greater
Allowable deflection 2 percent of nominal pipe diameter STORM DRAINAGE; PRESSURE 331100 - 3
Minimum yield strength of steel 36,000 psi
c. Calculate pipe wall thickness on the basis of an allowable fiber stress in the steel equal to 50 percent of the minimum yield strength of the steel used in the manufacture of the pipe. Design procedure shall be in accordance with the methods given in AWWA M11, Chapter 4, "Determination of Pipe Wall Thickness," Chapter 5, "Water Hammer and Pressure Surge," and Chapter 6, "External Load." The value of E', modulus of soil reaction, shall be 1,000. Do not order the pipe until calculations have been approved. Wall thickness of fittings shall be not less than that required for the pipe. Fittings shall be designed to withstand the hydrostatic pressure test specified herein in paragraphs entitled "Testing Procedure," and "Special Testing Requirements." When necessary to meet the pressure test requirements, fittings shall be reinforced in accordance with methods given in AWWA M11, Chapter 13, "Supplementary Design Data and Details."
d. Steel pipe meeting the following criteria may be used without submittal of design calculations to the Owner:
1) Thirty-six (36) inches or less..............Standard Weight (STD) Pipe 2) Greater then Thirty -eight (36) inches.......Extra Strong (XS) Pipe 3) Eight (8) inches or less....................Schedule 40 Pipe va 4) Greater then eight (8) inches ..............Schedule 30 Pipe e. In no case shall the wall thickness be less than the following:
1) Two (2) Inch ..................................0.145 inches 2) Four (4) Inch .................................0.237 inches 3) Five (5) Inch .................................0.258 inches 4) Six (6) Inch ..................................0.280 inches 5) Eight (8) Inch ................................0.277 inches 6) Ten (10) Inch .................................0.307 inches 7) Twelve (12) Inch ..............................0.330 inches 8) Fourteen (14) Inch ............................0.375 inches 9) Eighteen (18) Inch ............................0.375 inches 10) Twenty (20) Inch ..............................0.375 inches 11) Twenty-four (24) Inch .........................0.375 inches 12) Twenty-six (26) Inch ..........................0.375 inches 13) Twenty-eight (28) Inch ........................0.375 inches 14) Thirty (30) Inch ..............................0.375 inches 15) Thirty-six (36) Inch ..........................0.375 inches 16) Forty-Two (42) Inch ..........................0.375 inches f. Joints and Jointing Materials
1) 1. Welded Joints: Electrodes shall be of the quality specified in AWWA C206. Steel pipe shall butt strap weld.
2) Sleeve-Type Mechanical Coupled Joints for Temporary Caps Only: As specified in paragraph entitled "Sleeve -Type Mechanical Couplings." 3) Flanged Joints: Provide pipe ends with steel flanges, AWWA C207; Class D. Bolts and nuts for flanged connections, AWWA C207. Asbestos gaskets will not be allowed.
g. Lining and Coating (unless otherwise specifically noted on drawings):
1) Epoxy Lining: AWWA C2 10, shop -applied. The thickness of the lining shall be min 30mils. The specified nominal inside diameter shall be after lining. All pipe sizes noted as nominal inside diameter unless specifically noted on drawings.
STORM DRAINAGE; PRESSURE 331100 - 4
2) Epoxy Coating: AWWA C210, shop-applied. The thickness of coating shall be a minimum of 30 mils.
B. Owner-furnished Knife Gate Valves
1. Knife gate valves shall be cast stainless steel valves with the following materials: 304 stainless steel (ASTM A351 CF8) body, gate and stem, PTFE braided packing, and acrylonitrile butadiene seat ring. Pressure rating shall be 100 psi minimum. Actuators shall be bevel gear actuators with handwheels and lockout devices. Bevel gear actuator shall be sized to manually open and close the valve with a maximum pressure differential of 150 psi. Valve and actuator shall be sized to have handwheel actuator 30 to 36 inches above the valve vault per the Drawings. All knife gate valves for the project shall be from one manufacturer.
C. Anti-Siphon Valve
1. Anti-siphon valves shall be of the size shown on the drawings and prevent the formation of a siphon. The valve shall vent the pipe to atmosphere when flow in the pipe stops or reverses. Valves shall have cast iron body and weight, cast bronze cam, stainless steel pins, brass cover and neoprene seat.
D. Dismantling Joints
1. The f langed dismantling join ts shall be Romac DJ400 or a pproved equal.
E. Flap Gates
1. The flap gate shall be designed to allow free outflow and prevent backflow for maximum seating heads up to 55 feet. The frame shall be cast iron of flatback design with machined seating surface inclined from vertical, at minimum of 2.5 degrees, to assure positive closure. Seating surfaces for frame and cover shall be bronze seats impacted into dovetail grooves within frame with neoprene seat bonded into dovetail groove in cover to cushion cover on closing. All cast iron shall be painted with manufacturer's standard shopcoat paint. Structural steel hinge links shall be galvanized. Flap Gates shall be Waterman F55 or approved equal.
F. Utility Boxes
1. Provide a utility box for each gate valve on buried piping. Utility boxes shall be of precast concrete of a size suitable for the valve on which it is to be used and in accordance with the details on the plans. Precast concrete boxes installed in locations subjected to vehicular traffic shall be designed to withstand the following HS-20 or HL - 92 AASHTO load designation as outline in AASHTO HB -17 whichever is greater.
Provide a round head. Cast the word "WATER", "IRRIGATION", "STORM DRAINAGE", or "RAW WATER" as indicated on the plans. The least diameter of the shaft of the box shall be 5 1/4 inches. Cast -iron box shall have a heavy coat of bituminous paint.
G. Sleeve-Type Mechanical Couplings
1. Sleeve-type mechanical couplings to be used only for temporary caps.
2. Couplings shall be designed to couple plain-end piping by compression of a ring gasket at each end of the adjoining pipe sections. The coupling shall consist of one middle ring flared or beveled at each end to provide a gasket seat; two follower rings; two resilient tapered rubber gaskets; and bolts and nuts to draw the follower rings toward each other to compress the gaskets. The middle ring and the follower rings shall be true circular sections free from irregularities, flat spots, and surface defects; the design shall provide STORM DRAINAGE; PRESSURE 331100 - 5
for confinement and compression of the gaskets. For steel piping, the middle ring shall be of steel and the follower rings shall be of steel or malleable iron. Malleable and ductile iron shall, conform to ASTM A47 and ASTM A536, respectively. Steel shall have a strength not less than that of the pipe. Gaskets shall be designed for resistance to set after installation and shall meet the applicable requirements specified for gaskets for mechanical joint in AWWA C111. Bolts shall be track-head type, ASTM A307, Grade A, with nuts, ASTM A563, Grade A; or round -head square -neck type bolts, with hex nuts, ASME B18.2.2. Bolts shall be 5/8 inch in diameter; minimum number of bolts for each coupling shall be 3 for 3 inch pipe, 4 for 4 inch pipe,5 for 6 inch pipe, 6 for 8 inch pipe, 7 for 10 inch pipe, 8 for 12 and 14 inch pipes, 9 for 16 inch pipe, 10 for 18 inch pipe, 12 for 20 inch pipe, 13 for 22 inch pipe, 14 for 24 inch pipe, and for greater sizes the design shall be provided to Engineer for review. Bolt holes in follower rings shall be of a shape to hold fast the necks of the bolts used. Mechanically coupled joints using a sleeve-type mechanical coupling shall not be used as an optional method of jointing except where pipeline is adequately anchored to resist tension pull across the joint.
Mechanical couplings shall provide a tight flexible joint under all reasonable conditions, such as pipe movements caused by expansion, contraction, slight setting or shifting in the ground, minor variations in trench gradients, and traffic vibrations. Couplings shall be of strength not less than the adjoining pipeline.
3. Flanged Coupling Adaptor
a. Flanged Coupling Adaptors:
1) Flanged coupling adaptors shall be Smith -Blair Flange-Lock Restrained FCA or equivalent.
2) ASTM A36/A36M and ASTM A283/A283M grade carbon, or carbon steel sleeve and follower.
3) Flanges meeting standards of adjoining flanges.
4) Entire assembly to be rated for test pressure specified on Piping Schedule for each respective application
4. Link Seal
a. Link Seal:
1) Link seals shall be Thunderline Link-Seal Modular Seal Model "C", "L" or equivalent.
2) Link seal shall be suitable for use in water, direct ground burial and atmospheric conditions.
3) Link seal shall provide electrical isolation where cathodic protection is required.
4) Temperature range from -40 to +250 Fahrenheit.
PART 3 - EXECUTION
3.1 INSTALLATION OF PIPELINES
A. General Requirements for Installation of Pipelines
1. These requirements shall apply to all pipeline installation except where specific exception is made in the "Special Requirements..." paragraphs.
2. Construction Sequence Work Plans
a. Prior to construction of any pipeline, the Contractor shall submit to Owner a detailed plan to sequence the pipeline construction including:
1) Existing pipe size, material and depth
STORM DRAINAGE; PRESSURE 331100 - 6
2) System shutdown requirements
3) Tie-ins from existing to new pipe
4) All field verification survey data
5) Layout plan drawings including tie -in points, slopes, joints and depth of cover
3. Earthwork
a. Perform earthwork operations in accordance with Drawings, Section 31 00 00.
4. Pipe Laying and Jointing
a. Remove fins and burrs from pipe and fittings. Before placing in position, clean pipe, fittings, valves, and accessories, and maintain in a clean condition. Provide proper facilities for lowering sections of pipe into trenches. Do not under any circumstances drop or dump pipe, fittings, valves, or any other water line material into trenches. Cut pipe in a neat workmanlike manner accurately to length established at the site and work into place without springing or forcing. Replace by one of the proper length any pipe or fitting that does not allow sufficient space for proper installation of jointing material. Blocking or wedging between bells and spigots will not be permitted. Grade the pipeline in straight lines; avoid the formation of dips and low points. Support pipe at proper elevation and grade.
Secure firm, uniform support. Wood support blocking will not be permitted. Lay pipe so that the full length of each section of pipe and each fitting will rest solidly on the pipe bedding; excavate recesses to accommodate bells, joints, and couplings. Provide anchors and supports where indicated and where necessary for fastening work into place. Make proper provision for expansion and contraction of pipelines. Keep trenches free of water until joints have been properly made. At the end of each work day, close open ends of pipe temporarily with wood blocks or bulkheads. Do not lay pipe when conditions of trench or weather prevent installation. Depth of cover over top of pipe shall not be less than 24 inches.
5. Connections to Existing Water Lines
a. Make connections to existing water lines after approval is obtained and with a minimum interruption of service on the existing line.
6. Penetrations
a. Pipe passing through walls of valve pits and structures shall be provided with Schedule 40 steel wall sleeves. Annular space between walls and sleeves shall be filled with rich cement mortar. Annular space between pipe and sleeves shall be filled with mastic.
7. Flanged Pipe
a. Flanged pipe shall only be installed above ground or with the flanges in valve pits.
B. Butt Strap Welded Joints - Storm Drainage
1. Butt strap welded joints shall be completed in the trench after the pipe has been laid to the alignment and grade shown on the Drawings. Joints shall be field welded by full - circumferential fillet welds
2. The interior of the joint shall be repaired in accordance with AWWA C213 using a two- part, 100-percent solids, liquid-epoxy patching compound to a minimum thickness of 12 mils.
3. Wire mesh, 2-inch by 4-inch by No. 13 gauge, clean, and free from rust, shall be applied to the exterior of the joints so that the wires on the 2-inch spacing run circumferentially around the pipe. The wires on the 4-inch spacing shall be crimped in such a manner that the mesh will be held 3/8-inch from the metal joint surface. The mesh shall be lapped a minimum of 8 -inches and shall be securely wired in position.
STORM DRAINAGE; PRESSURE 331100 - 7
4. The joint exterior shall be coated with mortar to a minimum thickness of 1 1/2 -inches.
Immediately prior to applying mortar to the interior and exterior joints, a cement wash shall be applied to the metal to be coated.
5. Welders assigned to the Work shall be qualified under the AWS standard qualification procedure.
6. Welded joints shall be pressure tested prior to repair coating application.
7. Contractor shall submit joint repair samples for approval prior to repairing joints.
C. CCTV of Pipelines
a. Prior to backfilling pipe, the Contractor shall submit a CCTV inspection of the pipe interior for the City’s approval. CCTV shall be compliant with Granite Net NASSCO Version 7.
3.2 CONSTRUCTION SEQUENCE WORK PLANS (ONE FOR EACH UTILITY CROSSING) A. Prior to construction of any pipeline, the Contractor shall submit to Owner a detailed plan to sequence the pipeline construction including:
1. Existing pipe size, material and depth
2. System shutdown requirements
3. Tie-ins from existing to new pipe
4. All field verification survey data
5. Layout plan drawings including tie -in points, slopes, joints and depth of cover
3.3 FIELD QUALITY CONTROL
A. Field Tests and Inspections
1. Prior to hydrostatic testing, obtain Engineer review of the proposed method for disposal of waste water from hydrostatic testing. The Engineer will conduct field inspections and witness field tests specified in this section. The Contractor shall perform field tests, and provide labor, equipment, and incidentals required for testing. The Contractor shall produce evidence, when required, that any item of work has been constructed in accordance with the drawings and specifications. Do not begin testing on any section of a pipeline where concrete thrust blocks have been provided until at least 5 days after placing of the concrete.
2. Butt strap welds shall be 100% visually inspected by a qualified welding inspector in accordance with AWWA C -206.
B. Testing Procedure
1. Hydrostatic Testing
a. Test water mains and water service lines in accordance with the applicable specified standard, except for the special testing requirements given in paragraph entitled "Special Testing Requirements." Test water mains in accordance with applicable requirements of AWWA C600 for hydrostatic testing. No leakage will be allowed. Repair of welded joints to stop leakage shall be done by welding only. b. Pressure testing to be completed prior to application of coatings and linings. c. Pipe shall be pressure tested prior to backfill to 133% of maximum working pressure. Joints to be inspected during test with no visible leakage. Alternative testing methods that comply with AWWA C-206 for joint types may be submitted for approval .
STORM DRAINAGE; PRESSURE 331100 - 8
3.4 CLEANUP
A. Upon completion of the installation of steel pipe and appurtenances, all debris and surplus materials resulting from the work shall be removed.
END OF SECTION 331 100
STORM DRAINAGE; GRAVITY 334000 - 1
SECTION 334000 - STORM DRAINAGE; GRAVITY
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Pipe for vault drains.
2. Miscellaneous materials.
3. Resilient connectors.
1.2 REFERENCE STANDARDS
A. ASTM International:
1. ASTM A48 - Standard Specification for Gray Iron Castings
2. ASTM A123 - Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Products
3. ASTM A126 - Standard Specification for Gray Iron Castings for Valves, Flanges, and
4. Pipe Fittings
5. ASTM A536 - Standard Specification for Ductile Iron Castings
6. ASTM B26 - Standard Specification for Aluminum-Alloy Sand Castings
7. ASTM C76 - Standard Specification for Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe
8. ASTM C231 - Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method
9. ASTM C270 - Standard Specification for Mortar for Unit Masonry
10. ASTM C425 - Standard Specification for Compression Joints for Vitrified Clay Pipe and Fittings
11. ASTM C443 - Standard Specification for Joints for Concrete Pipe and Manholes, Using Rubber Gaskets
12. ASTM C877 - External Sealing Bands for Concrete Pipe, Manholes, and Precast Box Sections
13. ASTM C923 - Standard Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes and Laterals
14. ASTM C990 - Standard Specification for Joints for Concrete Pipe, Manholes and Precast Box Sections Using Preformed Flexible Joint Sealants
15. ASTM C1103 - Standard Practice for Joint Acceptance Testing of Installed Precast Concrete Pipe Sewer Lines
16. ASTM D1056 - Standard Specification for Flexible Cellular Materials - Sponge or Expanded Rubber
17. ASTM D1171 - Rubber Deterioration - Surface Ozone Cracking Outdoors or Chamber (Triangular Specimens)
18. ASTM D1751 - Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types) STORM DRAINAGE; GRAVITY 334000 - 2
19. ASTM D1752 - Standard Specification for Preformed Sponge Rubber Cork and Recycled PVC Expansion
1.3 SUBMITTALS
A. Section 013300 - Submittal Procedures: Requirements for submittals.
B. Submit the following:
1. Product data:
a. Frame and Cover for Gratings.
b. Placing Pipe.
c. Pipe for storm drains.
2. Design Data:
a. Ladder design calculations and drawings.
b. Construction sequence work plans (one for each sump).
3. Certificates:
a. All pipe components including fittings, joints, valves, and couplings. b. Hydrostatic water test on watertight joints.
c. Pipeline testing.
1.5 DELIVERY, STORAGE, AND HANDLING
A. Delivery and Storage
1. Materials delivered to the site shall be inspected for damage, unloaded, and stored with a minimum of handling. Materials shall not be stored directly on the ground. The inside of pipes and fittings shall be kept free of dirt and debris. Before, during, and after installation, plastic pipe and fittings shall be protected from any environment that would result in damage or deterioration to the material. Keep a copy of the manufacturer's instructions available at the construction site at all times and follow these instructions unless directed otherwise by the Engineer. Solvents, solvent compounds, lubricants, elastomeric gaskets, and any similar materials required to install plastic pipe shall be stored in accordance with the manufacturer's recommendations and shall be discarded if the storage period exceeds the recommended shelf life. Solvents in use shall be discarded when the recommended pot life is exceeded.
B. Handling
1. Materials shall be handled in a manner that ensures delivery to the trench in sound, undamaged condition. Pipe shall be carried to the trench, not dragged.
1.6 EXISTING CONDITIONS
A. Field Measurements:
1. Verify field measurements prior to fabrication.
2. Indicate field measurements on Shop Drawings.
STORM DRAINAGE; GRAVITY 334000 - 3
PART 2 - PRODUCTS
2.1 STORM DRAINAGE PIPING
A. Pipe for culverts and storm drains shall be of the sizes indicated and shall conform to the requirements specified.
B. HDPE Piping – Vault Drain
1. Comply with ASTM D3035, SDR 32.5
2. Color: Black.
3. Fittings:
a. Type: Fabricated.
b. Comply with AWWA C901.
4. Joints: Butt fusion.
2.2 MISCELLANEOUS MATERIALS
A. Concrete
1. Unless otherwise specified, concrete and reinforced concrete shall conform to the requirements for 4,000 psi concrete under Section 03 30 00.00 CAST -IN-PLACE CONCRETE. The concrete mixture shall have air content by volume of concrete, based on measurements made immediately after discharge from the mixer, of 5 to 7 percent when maximum size of coarse aggregate exceeds 1 -1/2 inches. Air content shall be determined in accordance with ASTM C231. The concrete covering over steel reinforcing shall not be less than 1 inch thick for covers and not less than 1 -1/2 inches thick for walls and flooring. Concrete covering deposited directly against the ground shall have a thickness of at least 3 inches between steel and ground. Expansion -joint filler material shall conform to ASTM D1751, or ASTM D1752, or shall be resin - impregnated fiberboard conforming to the physical requirements of ASTM D1752.
B. Mortar
1. Mortar for pipe joints, connections to other drainage structures, and brick or block construction shall conform to ASTM C270, Type M, except that the maximum placement time shall be 1 hour. The quantity of water in the mixture shall be sufficient to produce a stiff workable mortar but in no case shall exceed 0.5 gallons of water per sack of cement.
Water shall be clean and free of harmful acids, alkalis, and organic impurities. The mortar shall be used within 30 minutes after the ingredients are mixed with water. The inside of the joint shall be wiped clean and finished smooth. The mortar head on the outside shall be protected from air and sun with a proper covering until satisfactorily cured.
C. Frame and Cover for Gratings
1. Submit certification on the ability of frame and cover or gratings to carry the imposed live load. Frame and cover for gratings shall be cast gray iron, ASTM A48, Class 35B; cast ductile iron, ASTM A536, Grade 65 -45-12; or cast aluminum, ASTM B26, Alloy 356.OT6. Weight, shape, size, and waterway openings for grates and curb inlets shall be as indicated on the plans. The word "Storm Drain" shall be stamped or cast into covers so that it is plainly visible.
STORM DRAINAGE; GRAVITY 334000 - 4
D. Vault Drain
1. Dome style drain grate per drawings
2.3 RESILIENT CONNECTORS
A. Flexible, watertight connectors used for connecting pipe to manholes and inlets shall conform to ASTM C923.
PART 3 - EXECUTION
3.1 EXCAVATION FOR STORM DRAINS AND DRAINAGE STRUCTURES A. Excavation of trenches, and for appurtenances and backfilling for culverts and storm drains, shall be in accordance with the applicable portions of Section 31 00 00 EARTHWORK and the requirements specified below.
1. Trenching
a. The width of trenches at any point below the top of the pipe shall be not greater than the outside diameter of the pipe plus 18 inches to permit satisfactory jointing and thorough tamping of the bedding material under and around the pipe. Sheeting and bracing, where required, shall be placed within the trench width as specified, without any overexcavation. Where trench widths are exceeded, redesign with a resultant increase in cost of stronger pipe or special installation procedures will be necessary. Cost of this redesign and increased cost of pipe or installation shall be borne by the Contractor without additional cost to the Owner.
2. Removal of Rock
a. Rock in either ledge or boulder formation shall be replaced with suitable materials to provide a compacted earth cushion having a thickness between unremoved rock and the pipe of at least 8 inches or 1/2 inch for each foot of fill over the top of the pipe, whichever is greater, but not more than three-fourths the nominal diameter of the pipe. Where bell -and-spigot pipe is used, the cushion shall be maintained under the bell as well as under the straight portion of the pipe. Rock excavation shall be as specified and defined in Section 31 00 00 EARTHWORK.
3. Removal of Unstable Material
a. Where wet or otherwise unstable soil incapable of properly supporting the pipe, as determined by the Engineer, is unexpectedly encountered in the bottom of a trench, such material shall be removed to the depth required and replaced to the proper grade with select granular material, compacted as provided in paragraph BACKFILLING. When removal of unstable material is due to the fault or neglect of the Contractor while performing shoring and sheeting, water removal, or other specified requirements, such removal and replacement shall be performed at no additional cost to the Owner.
3.2 CONSTRUCTION SEQUENCE WORK PLANS
A. Prior to construction of any pipeline, the Contractor shall submit to Owner a detailed plan to sequence the pipeline construction including:
1. Existing pipe size, material and depth
STORM DRAINAGE; GRAVITY 334000 - 5
2. System shutdown requirements
3. Tie-ins from existing to new pipe
4. All field verification survey data
5. Layout plan drawings including tie-in points, slopes, joints and depth of cover
3.3 PLACING PIPE
A. Submit printed copies of the manufacturer's recommendations for installation procedures for the material being placed, prior to installation.
B. Each pipe shall be thoroughly examined before being laid; defective or damaged pipe shall not be used. Pipelines shall be laid to the grades and alignment indicated. Proper facilities shall be provided for lowering sections of pipe into trenches. Pipe shall not be laid in water, and pipe shall not be laid when trench conditions or weather are unsuitable for such work. Diversion of drainage or dewatering of trenches during construction shall be provided as necessary.
3.4 DRAINAGE STRUCTURES
A. Walls and Headwalls
1. Construction shall be as indicated on drawings.
3.5 BACKFILLING
A. Backfill pipe per Drawings, Section 31 00 00.
3.6 PIPELINE TESTING
A. Contractor Performed Leakage Tests
1. Testing of individual joints for leakage by low pressure water shall conform to ASTM C1103. Prior to exfiltration tests, the trench shall be backfilled up to the lower half of the pipe. If required, sufficient additional backfill shall be placed to prevent pipe movement during testing, leaving the joints uncovered to permit inspection. Visible leaks encountered shall be corrected regardless of leakage test results. When the water table is 2 feet or more above the top of the pipe at the upper end of the pipeline section to be tested, infiltration shall be measured using a suitable weir or other device acceptable to the Owner. An exfiltration test shall be made by filling the line to be tested with water so that a head of at least 2 feet is provided above both the water table and the top of the pipe at the upper end of the pipeline to be tested. The filled line shall be allowed to stand until the pipe has reached its maximum absorption, but not less than 4 hours. After absorption, the head shall be reestablished. The amount of water required to maintain this water level during a 2 -hour test period shall be measured. Leakage as measured by the exfiltration test shall not be observed. When leakage is observed, satisfactory correction shall be made and retesting accomplished. No leakage shall be allowed for the test to be successful.
END OF SECTION 334000
ATTACHMENT A
Permit No. 13656-1 Page 1 of 6
STATE OF CALIFORNIA
THE RESOURCES AGENCY
THE CENTRAL VALLEY FLOOD PROTECTION BOARD
PERMIT NO. 13656-1 BD
This Permit is issued to:
City of Sacramento
1395 35th Avenue
Sacramento, California 95822
To remove and replace three sections of 42-inch diameter welded steel pipe, with each section being approximate 78-foot long and another 18- inch diameter welded steel pipe of approximately 105-foot long.
Additional improvements include the installation of a positive closure device at the landside hinge of the levee, removal and replacement of the following features: an existing level sensor conduit, approximately 260 feet of the existing floodwall, an existing fence at the pump station near the landside toe, an existing waterside outfall structure along with rock slope protection, and approximately 1,600 square feet of the concrete apron on landside levee slope. The project will also require the removal of two trees along with minor trimming of riparian vegetation near the outfall structure. A temporary cofferdam will be used for the construction.
The project is located 0.9 miles east of Interstate 5, just west of the Beach Lake Levee in Sacramento, at 38.45839˚N 121.47831˚W, City of Sacramento, Morrison Creek, Sacramento County.
NOTE: Special Conditions have been incorporated herein which may place limitations on and/or require modification of the proposed project as described above.
(SEAL)
Dated: _________________________ _____________________________________________ Executive Officer
GENERAL CONDITIONS:
ONE: This permit is issued under the provisions of Sections 8700 – 8723 of the Water Code.
Permit No. 13656-1 Page 2 of 6
TWO: Only work described in the subject application is authorized hereby.
THREE: This permit does not grant a right to use or construct works on land owned by the Sacramento and San Joaquin Drainage District or on any other land.
FOUR: The approved work shall be accomplished under the direction and supervision of the Central Valley Flood Protection Board (Board) or the California Department of Water Resources (DWR), and the permittee shall conform to all requirements of the Board or DWR.
FIVE: Unless the work herein contemplated shall have been commenced within one year after issuance of this permit, the Board reserves the right to change any conditions in this permit as may be consistent with current flood control standards and policies of the Board.
SIX: This permit shall remain in effect until revoked. In the event any conditions in this permit are not complied with, it may be revoked on 15 days’ notice.
SEVEN: It is understood and agreed to by the permittee that the start of any work under this permit shall constitute an acceptance of the conditions in this permit and an agreement to perform work in accordance therewith.
EIGHT: This permit does not establish any precedent with respect to any other application received by the Board.
NINE: The permittee shall, when required by law, secure the written order or consent from all other public agencies having jurisdiction.
TEN: The permittee is responsible for all personal liability and property damage which may arise out of failure on the permittee’s part to perform the obligations under this permit. If any claim of liability is made against the State of California, or any departments thereof, the United States of America, a local district or other maintaining agencies and the officers, agents, or employees thereof, the permittee shall defend and shall hold each of them harmless from each claim.
ELEVEN: The permittee shall exercise reasonable care to operate and maintain any work authorized herein to preclude injury to or damage to any works necessary to any plan of flood control adopted by the Board or the Legislature, or interference with the successful execution, functioning or operation of any plan of flood control adopted by the Board or the Legislature.
TWELVE: Should any of the work not conform to the conditions of this permit, the permittee, upon order of the Board, shall in the manner prescribed by the Board be responsible for the cost and expense to remove, alter, relocate, or reconstruct all or any part of the work herein approved.
SPECIAL CONDITIONS:
THIRTEEN: This permit supplements and where in conflict supersedes the conditions in Permit No. 13656, which is attached to this permit as Exhibit A.
Permit No. 13656-1 Page 3 of 6
LIABILITY AND INDEMNIFICATION
FOURTEEN: The permittee shall defend, indemnify, and hold harmless the Board and the State of California, including its agencies or departments thereof, including but not limited to, any and all boards, commissions, officers, agents, employees, and representatives (Indemnitees), against any and all claims, liabilities, charges, losses, expenses, and costs including the State’s attorneys’ fees (Liabilities), that may arise from, or by reason of: (1) any action or inaction by the Indemnitees in connection with the issuance or denial of any permit, lease, or other entitlement; (2) as a result of approvals or authorizations given by the Board to the permittee pursuant to, or as a result of, permittee’s permit application; (3) provisions of the issued permit or lease, provisions of CEQA, an environmental document certified or adopted by the Board related to the permit application, or any other regulations, requirements, or programs by the State, except for any such Liabilities caused solely by the gross negligence or intentional acts of the State or its officers, agents, and employees.
FIFTEEN: Permittee shall reimburse the Board in full for all reasonable costs and attorneys’ fees, including, but not limited to, those charged to it by the California Office of Attorney General, that the Board incurs in connection with the defense of any action brought against the Board challenging this permit or any other matter related to this permit, or the work performed by the State in its issuance of this permit. In addition, the permittee shall reimburse the Board for any court costs and reasonable attorneys’ fees that the Board/Indemnitees may be required by a court to pay as a result of such action. The permittee may participate in the defense of the action, but its participation shall not relieve it of its obligations under the conditions of this permit.
SIXTEEN: Neither the Board nor DWR shall not be held liable for any damages to the permitted encroachment(s) within the Morrison Creek Floodway resulting from flood fight, operation, maintenance, inspection, or emergency repair.
AGENCY CONDITIONS
SEVENTEEN: All work approved by this permit shall be in accordance with the submitted drawings and specifications dated ______, except as modified by special permit conditions herein. No further work, other than that approved by this permit, shall be done in the area without prior approval of the Board.
EIG
HTEEN: The Board will conduct routine inspections of the permitted encroachment(s) periodically, in accordance with the Routine Inspection Frequency of California Code of Regulations, Title 23, Waters, Division 1, Article 10, Appendix B, or at the Board’s discretion.
The Board will notify the permittee in advance of the planned routine inspection and will impose an inspection fee prior to each inspection.
NINETEEN: Permittee shall pay an inspection fee(s) to the Board to cover inspection cost(s), including staff and consultant time and expenses, for any inspections during construction and regularly thereafter. The frequency of routine inspections and fees shall be in accordance with the Construction Inspection of California Code of Regulations, Title 23, Waters, Division 1, Article 10, Appendix B.
TWENTY: In the event that levee or bank erosion injurious to the Adopted Plan of Flood Control occurs at or adjacent to the permitted encroachment(s), the permittee shall repair the eroded
Permit No. 13656-1 Page 4 of 6
area and propose measures, to be approved by the Board, to prevent further erosion.
TWENTY-ONE: The permittee shall be responsible for the repair of any damages to the project levee, channel, banks, floodway, or other flood control facilities due to construction, operation, or maintenance of the permitted encroachment(s).
TWENTY-TWO: The permittee shall comply with all conditions set forth in the letter from the Department of the Army, U.S. Army Corps of Engineers, Sacramento District, 408 Permission Section, dated 3/17/2025 which is attached to this permit as Exhibit B and is incorporated by reference.
TWENTY-THREE: The permittee agrees to notify any new property/encroachment owner(s) that they are required to submit a permit Name Change request form to the Board upon completion of the sale. The new owner(s) will be required to comply with all permit conditions. Name Change forms are available at http://cvfpb.ca.gov/, or by contacting the Board by telephone at (916) 574-0609.
TWENTY-FOUR: The Board reserves the right to add additional, or modify existing, conditions when there is a change in ownership and/or maintenance responsibility of the work authorized under this permit.
PRE-CONSTRUCTION
TWENTY-FIVE: Upon receipt of a signed copy of the issued permit the permittee shall contact the Board by telephone at (916) 574-0609 or by email at [email protected] to schedule a preconstruction conference with the inspector who is assigned to the project.
Failure to do so at least 10 working days prior to start of work may result in a delay of the project.
CONSTRUCTION
TWENTY-SIX: No construction work of any kind shall be done during the flood season from November 1 to April 15 without prior approval of the Board. Failure to submit a Time Variance Request to the Board at least 10 working days prior to the start of work may result in a delay of the project.
TWENTY-SEVEN: At all times during construction, at least one lane of the levee crown roadway shall be kept clear for vehicular access.
TWENTY-EIGHT: The pipeline shall be placed in the center of an open trench 2 feet wider than the diameter of the pipeline, or 2 times the diameter, whichever is greater.
TWENTY-NINE: Pipe installed in the levee section and within 10 feet of the levee toes shall be new steel and at least 7 gauge. Steel pipe shall be corrosion proofed externally with a coating of coal-tar enamel; asphalt saturated felt wrap; cement mortar; PVC tape or polyethylene tape wrapped to a thickness of 30 mils, or equivalent. Steel pipe shall be corrosion-proofed internally with a continuous lining of cement mortar, asphalt, or equivalent.
THIRTY: All pipe joints within the levee section shall be butt welded.
Permit No. 13656-1 Page 5 of 6
THIRTY-ONE: The pipe shall be buried at least 12 inches below the levee slopes and 24 inches below the levee crown.
THIRTY-TWO: Backfill material for excavations within the levee section and within 10 feet of the levee toes shall be placed in 4- to 6-inch layers, moisture conditioned above optimum moisture content and compacted to a minimum of 90 percent relative compaction as measured by the current ASTM D1557 standard.
THIRTY-THREE: Only impervious materials shall be used for bedding or backfill within the levee section.
THIRTY-FOUR: A minimum spacing of 12 inches shall be provided between the pipes within the levee section.
THIRTY-FIVE: Pipes and joints shall be designed to withstand all anticipated loading conditions.
THIRTY-SIX: Pipes shall be inspected prior to installation to ensure no cracked, broken, or defective materials are used.
THIRTY-SEVEN: All fill material shall be imported impervious material with 20 percent or more passing the No. 200 sieve, a plasticity index of 8 or more, and a liquid limit of less than 50 and free of lumps or stones exceeding 3 inches in greatest dimension, vegetative matter, or other unsatisfactory material. Fill material shall be compacted in 4- to 6-inch layers to a minimum of 90 percent relative compaction as measured by the current ASTM D1557 standard.
THIRTY-EIGHT: Revetment shall be uniformly placed and properly transitioned into the bank, levee slope, or adjacent revetment and in a manner which avoids segregation.
THIRTY-NINE: The revetment shall not contain any reinforcing steel, floatable, or objectionable material. Asphalt or other petroleum-based products may not be used as fill or erosion protection on the levee section or within the floodway.
FORTY: The recommended minimum thickness of revetment, measured perpendicular to the bank or levee slope, is 18 inches below the usual water surface and 12 inches above the usual water surface.
POST-CONSTRUCTION
FORTY-ONE: All debris generated by this project shall be properly disposed of outside the Morrison Creek Floodway and/or off all Project Works and Project Rights-of-Way.
FORTY-TWO: The work areas shall be restored to at least the conditions that existed prior to commencement of work.
FORTY-THREE: Upon completion of the project, the permittee shall submit as-constructed drawings to the Board, Attention: Inspection, 3310 El Camino Avenue, Suite 170, Sacramento, California 95821.
FORTY-FOUR: Upon completion of the project, compaction tests by a certified soils laboratory will be required to verify compaction of backfill within the levee section or within 10 feet of the
Permit No. 13656-1 Page 6 of 6
levee toe.
FORTY-FIVE: The pipeline shall be tested and confirmed free of leaks by X-ray, pressure tests, or other approved methods during construction or anytime after construction upon request by the Board.
OPERATIONS AND MAINTENANCE
FORTY-SIX: After each period of high water, debris that accumulates at the site shall be completely removed from the Morrison Creek Floodway and off all Project Works.
FORTY-SEVEN: The permittee shall maintain the permitted encroachment(s) and the Project Works within the utilized area in the manner required and as requested by the authorized representative of the Board, DWR, or any other agency responsible for maintenance and flood control and shall, at all times, allow officials from these agencies to access the levee, levee slope, and any adjacent areas as necessary for maintenance and flood control.
FORTY-EIGHT: The permitted encroachment(s) shall not interfere with the operation and maintenance of the flood control project. If the permitted encroachment(s) are determined by any agency responsible for operation or maintenance of the flood control project to interfere, the permittee shall be required, at permittee's cost and expense, to modify or remove the permitted encroachment(s) within 30 days of being notified in writing by the Board. In the event of an emergency a shorter timeframe may be required. If the permittee does not comply, the Board, or a designated agency or company authorized by the Board, may modify, or remove the encroachment(s) at the permittee's expense.
PROJECT ABANDONMENT / CHANGE IN PLAN OF FLOOD CONTROL
FORTY-NINE: If the project, or any portion thereof, is to be abandoned in the future, the permittee or successor shall abandon the project under direction of the Board at the permittee's or successor's cost and expense.
FIFTY: The permittee may be required, at permittee's cost and expense, to remove, alter, relocate, or reconstruct all or any part of the permitted encroachment(s) if in the discretion of the Board the removal, alteration, relocation, or reconstruction is necessary as part of or in conjunction with any present or future flood control plan or project or if the project is not maintained or is damaged by any cause. The permittee shall remove the encroachment(s) within 30 days of being notified in writing by the Board. In the event of an emergency a shorter timeframe may be required. If the permittee does not comply the Board will remove the encroachment(s) at the permittee's expense.
END OF CONDITIONS
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT
1325 J STREET
SACRAMENTO, CA 95814-2922
408 Permission Section (13656-1)
Mr. Chris Lief
Executive Officer
Central Valley Flood Protection Board
3310 El Camino Avenue, Room 170
Sacramento, CA 95821
Dear Mr. Lief:
We have reviewed permit application number 13656-1 submitted by the Central Valley Flood Protection Board on behalf of the City of Sacramento to alter the South Sacramento County Streams, California, San Joaquin River Basin Flood Control Project authorized by the Water Resources Development Act of 1999, Public Law 106-53 on August 17, 1999. The proposed alteration includes improvements to Sump 89 along the right bank of Morrison Creek. The proposed alteration is located at approximately
38.458389°N 121.478306°W NAD83 within Sacramento County, CA. Specific components of the alteration include:
x Removal of existing pipes and associated appurtenances. x Construction of cast-in-place reinforced concrete foundation slab approximately 12-inch thick by 23-feet wide and 36-feet long.
x Installation of four new pipes up and over the levee, including three new epoxy coated 42-inch diameter Welded Steel Pipes (WSP) each approximately 100-feet long with 0.375-inch wall thickness and one epoxy coated 18-inch diameter WSP approximately 110-feet long with 0.375-inch wall thickness. Each new WSP will include flap gates on the waterside of the levee and knife gate valves on the landside hinge of the levee, and a precast concrete vault along the levee crown housing an inspection port with a siphon breaker.
x Installation of approximately 90-feet of 1.5-inch steel electrical conduit and two salvaged stage gauges.
x Construction of a new cast-in-place concrete vault structure approximately 3.5- feet wide by 35.5-feet long by 6.0-feet tall along the landside levee hinge. The new vault structure will house the new knife gate valves. The vault structure will drain via a new 6-inch diameter high-density polyethylene pipe connected to the new concrete outfall structure.
March 17, 2025
Exhibit B
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x Construction of three new cast-in-place traffic-rated concrete inspection vaults along the levee crown. Two of the vaults for the 42-inch diameter WSPs will be approximately 8-feet wide by 9-feet long by 3.5-feet deep. The third vault is approximately 8-feet wide by 13.5-feet long by 3.5-feet deep and will be for the remaining 42-inch diameter WSP and the 18-inch diameter WSP. Each of the new inspection vaults will house an inspection port with a siphon breaker.
x Construction of a new cast-in-place reinforced concrete floodwall approximately 15-inches thick by 11-feet tall by 57-feet long along the waterside levee hinge.
x Construction of a new cast-in-place concrete outfall structure approximately 25.5- feet long by 21.0-feet wide by 6.0-feet tall.
x Installation of chain link fencing around the new vault structure and controls. The new fencing will be 8-feet tall by 70-feet long by 6-feet wide.
x Placement of Class III (12-inch) rock slope protection (RSP) downslope of new concrete floodwall and new outfall structure. The RSP will be 1.5-feet thick by 32- feet wide and placed approximately 25-feet and 18-feet downslope of the new concrete floodwall and outfall structure, respectively.
x Construction of a new concrete liner reinforced with w6xw6 and w8xw8 welded wire concrete mesh along the landside slope extending form the landside toe to the landside hinge. The new concrete liner will be approximately 29-feet wide by 69-feet long by 4-inches thick.
x Placement of 6-inches of aggregate base material along the levee crown for restoration of surface material.
x Construction would require installation of a temporary inflatable cofferdam along the waterside for dewatering the existing concrete outfall structure.
The Sacramento District (USACE) has reviewed this application and determined that the alteration will not be injurious to the public interest and will not impair the usefulness of the project works. Pursuant to Section 14 of the Rivers and Harbors Act of 1899, 33 USC § 408 (Section 408), the District Engineering Division Chief approves the request to alter the Federal flood risk reduction project subject to the following conditions:
Exhibit B
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Engineering Conditions:
a. That the alteration must not interfere with the integrity or hydraulic capacity of the flood risk management project; easement access; or maintenance, inspection, and flood fighting procedures.
b. That construction or other work in the floodway cannot take place during the flood season unless approved in writing by the non-federal project sponsor.
c. That no temporary staging, stockpiles of materials, temporary buildings, or equipment can remain on the levee or in the floodway during flood season unless approved in writing by the non-federal project sponsor.
d. That construction or other work must be coordinated with other work in the area.
e. That the requester is responsible for removal and disposal of trees or brush cleared during construction. The removal and disposal must be to areas outside the limits of the federal project easement.
f. That the requester is responsible for protecting the levee from being damaged by construction vehicles, equipment, construction activities, and storage of materials.
g. That all companies/agencies whose exis ting utilities are located in the intended construction area(s) must be contacted to determine whether those utilities need to be relocated or modified to accommodate the proposed alteration, or whether they would pose any hazards to alteration construction workers or equipment.
h. That all real property interests and other rights (easements, permits, licenses, acquisitions, etc.) necessary for the construction, operation, maintenance, occupation, or use of the proposed alteration as well as for operation, maintenance, occupation, or use of the federal project (levee and channel) are acquired prior to construction. An approval under Section 408 does not grant property rights or exclusive privileges.
i. That areas disturbed during construction or other work associated with an alteration must be restored to pre-construction conditions once the work is complete.
j. That any damage caused by removal or modification of any alteration would need to be repaired as part of the removal or modification activity.
Exhibit B
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k. That the condition of the proposed altera tion is maintained such that there will be no failure and or detachment of any individual components of structure and substructure of the proposed alteration.
l. Minimum Slope Requirements. Excavate all temporary construction slopes no steeper than 2.0H (Horizontal):1.0V (Vertical) in the embankment and within 15 feet of either toe of the embankment. All excavations must also meet Federal, State, local, and OSHA requirements.
m. Excavated Slope Preparation. Benches through the levee embankment have the potential to create seepage paths if compaction is not performed uniformly in the benching zones. As each lift of fill material is added, the side slopes may be roughened by blading or ripping to a depth of less than 6 inch to facilitate bonding of the excavated slopes to the levee fill placement.
n. That acceptance testing must be performed in accordance with most current USACE standards (e.g., at the time of issuance of this Permission: EM 1110-2- 2902, revised December 2020).
o. Initial Trench Backfill. Compact the trench subgrade before placement of new pipes and conduit in the trench using a wheel roller or suitable hand-operated compactors. Place the new pipes and conduit on supports providing at least 12 inches between trench subgrade and bottom of new pipes and backfill with a controlled low-strength material (CLSM) in the pipe bedding zone and around the pipe haunches in one lift. The backfill operation may be paused to avoid pipe flotation. After the initial CLSM placement has adequately set, place the second lift of CLSM to a level at least one foot above the top of the pipes. After the second lift of CLSM has adequately set, Final Trench Backfill may proceed.
p. Final Trench Backfill. Reuse the existing excavated levee soil free of construction debris and deleterious materials in the trench backfill zone and all other excavations. If import material is determined to be necessary, the potential import soil must match existing levee soils (i.e., compatible ASTM D2488 soil classification type).
q. That all material used for fill on levee slopes and the crown must be acceptable cohesive material (Unified Soil Classification System CL, CL-ML, or SC) and free of organics or other materials harmful to the levee.
r. Placement and Compaction. Compact fill in accordance with the following:
i. Spread and place fill in 4- to 6-inch thick loose lifts.
Exhibit B
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ii. Compact to greater than or equal to 95% of the maximum density at moisture contents between -2 and +3 percent of optimum obtained from ASTM D698.
iii. Within 4 feet of structures, spread and place fill in 4-inch thick loose lifts and compact with hand-operated equipment.
iv. The upper 12 inch of embankment subgrade must be compacted to 100% of the maximum density at moisture contents between -2 and +3 percent of optimum obtained from ASTM D698.
v. Aggregate Base. Compact to greater than or equal to 95% of the maximum density at moisture contents between -2 and +3 percent of optimum obtained from ASTM D1557.
s. Levee Restoration. Restore the project site to the lines and grades present prior to initiation of construction and provide temporary erosion control and vegetation establishment at the end of the project. Site drainage after project completion must match the condition prior to construction. Any damage to the Project levee related to construction of the proposed project must be repaired by the Requester.
Environmental Conditions:
t. That access to the proposed alteration site must occur in previously disturbed areas, such as existing roads, access ramps, driveways, or the levee crown.
u. That vegetation may be removed during construction; however, the alteration should be designed to minimize the amount of woody vegetation removal.
v. That excess material from construction must be removed from the floodway and disposed in an area outside the federal project easement.
w. That proposed alterations must be designed to minimize the introduction of exotic species (both plant and animal) and any seed mixes used in site restoration must consist only of native species.
x. That proposed alterations must incorporate Best Management Practices (BMPs) to control storm water runoff, erosion, and contaminant spills (e.g., diesel fuel spills).
Exhibit B
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y. That in the event of an environmental spill, the requester must notify USACE, the non-federal sponsor and the appropriate state agency immediately. Cleanup and repair is the requester’s responsibility.
z. That if you discover a potential historic property or accidentally impact a known historic property while accomplishing the activity authorized by this Section 408 permission you shall immediately notify USACE and stop work within 100 feet of the discovery location. USACE will initiate any necessary federal, state, and tribal coordination to ensure continued compliance with the National Historic Preservation Act and 36 CFR § 800.13.
aa. That landowner permission and any other applicable federal, state, or local permits must be secured before work can begin.
bb. Project work including clearing and grubbing of vegetation, ground disturbance activities, and removal or work on buildings or structures within the project area should occur between September 01 and January 31, which is outside of the migratory bird nesting season. If project activities will occur between February 01 and August 31, pre-construction surveys must be conducted to determine if active nests are present on the ground, in vegetation, or on any building or structure. If active nests are detected during these surveys, no project activities adversely affecting nesting can be conducted until nestlings have fledged or the nest fails. Active nests may only be removed if a Migratory Bird Treaty Permit is obtained from the USFWS.
cc. That you shall comply with all the conditions in the enclosed U.S. Fish and Wildlife Service Biological Opinion (08ESMF00-2021-F-2762; dated December 21, 2021; Enclosure 1). This Section 408 permission does not authorize you to take a listed species, in particular giant garter snake (Thamnophis gigas), or adversely modify designated critical habitat. In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (e.g., an Endangered Species Act Section 10 permit, or a Biological Opinion under Endangered Species Act Section 7, with "incidental take" provisions with which you must comply). The enclosed Biological Opinion contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that is also specified in the Biological Opinion. Your authorization under this Section 408 permission is conditioned upon your compliance with all of the mandatory terms and conditions associated with "incidental take" of the attached Biological Opinion, which terms and conditions are incorporated by reference in this permission. Failure to comply with the terms and conditions associated with the incidental take statement of the Biological Opinion, where a take of the listed species occurs, would constitute an Exhibit B
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unauthorized take, and it would also constitute non-compliance with your Section 408 permission.
Standard terms and conditions per Appendix K of EC 1165-2-220:
Limits of the Authorization
dd. This permission only authorizes you, the requester, to undertake the activity described herein under the authority provided in Section 14 of the Rivers and Harbors Act of 1899, as amended (33 USC 408). This permission does not obviate the need to obtain other federal, state, or local authorizations required by law. This permission does not grant any property rights or exclusive privileges, and you must have appropriate real estate instruments in place prior to construction and/or installation.
ee. The time limit for completing the work authorized ends on March 1, 2030. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.
ff. Without prior written approval of USACE, you must neither transfer nor assign this permission nor sublet the premises or any part thereof, nor grant any interest, privilege or license whatsoever in connection with this permission.
Failure to comply with this condition will constitute noncompliance for which the permission may be revoked immediately by USACE.
gg. The requester understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration of the work herein authorized, or if, in the opinion of the Secretary of the Army or an authorized representative, said work will cause unreasonable conditions and/or obstruction of USACE project authorized design, the requester will be required upon due notice from USACE, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim can be made against the United States on account of any such removal or alteration.
Indemnification and Hold Harmless
hh. The United States will in no case be liable for:
i. any damage or injury to the structures or work authorized by this permission that may be caused or result from future operations Exhibit B
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undertaken by the United States, and no claim or right to compensation will accrue from any damage; or
ii. damage claims associated with any future modification, suspension, or revocation of this permission.
ii. The United States will not be responsible for damages or injuries which may arise from or be incident to the construction, maintenance, and use of the project requested by you, nor for damages to the property or injuries to your officers, agents, servants, or employees, or others who may be on your premises or project work areas or the federal project(s) rights-of-way. By accepting this permission, you hereby agree to fully defend, indemnify, and hold harmless the United States and USACE from any and all such claims, subject to any limitations in law.
jj. Any damage to the water resources development project or other portions of any federal project(s) resulting from your activities must be repaired at your expense.
Reevaluation of Permission
kk. The determination that the activity authorized by this permission would not impair the usefulness of the federal project and would not be injurious to the public interest was made in reliance on the information you provided.
ll. This office, at its sole discretion, may reevaluate its decision to issue this permission at any time circumstances warrant, which may result in a determination that it is appropriate or necessary to modify or revoke this permission. Circumstances that could require a reevaluation include, but are not limited to, the following:
i. you fail to comply with the terms and conditions of this permission;
ii. the information provided in support of your application for permission proves to have been inaccurate or incomplete; or
iii. significant new information surfaces which this office did not consider in reaching the original decision that the activity would not impair the usefulness of the water resources development project and would not be injurious to the public interest.
Exhibit B
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Conduct of Work Under this Permission
mm. You are responsible for implementing any requirements for mitigation, reasonable and prudent alternatives, or other conditions or requirements imposed as a result of environmental compliance.
nn. Work/usage allowed under this permission must proceed in a manner that avoids interference with the inspection, operation, and maintenance of the federal project.
oo. In the event of any deficiency in the design or construction of the requested activity, you are solely responsible for taking remedial action to correct the deficiency.
pp. The right is reserved to USACE to enter upon the premises at any time and for any purpose necessary or convenient in connection with government purposes, to make inspections, to operate and/or to make any other use of the lands as may be necessary in connection with government purposes, and you will have no claim for damages on account thereof against the United States or any officer, agent or employee thereof.
qq. You must provide copies of pertinent design, construction, and/or usage submittals/documents. USACE may request that survey and photographic documentation of the alteration work and the impacted project area be provided before, during, and after construction and/or installation.
rr. You may be required to perform an inspection of the federal project with USACE, prior to your use of the structure, to document existing conditions.
ss. USACE shall not be responsible for the technical sufficiency of the alteration design nor for the construction and/or installation work.
A Section 404 permit application SPK-2021-00486 is in process for this work. The Section 404 must be issued prior to commencement of work affecting waters of the United States. This Section 408 letter of permission does not serve as authorization for any work that affects navigable capacity of waters of the United States or that involves the discharge of dredge or fill material into waters of the United States.
Exhibit B
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The Section 408 permission request ID for this alteration is 408-SPK-2021-0026. For any questions regarding this permission, please contact Chandra Jenkins at (916) 557- 6652.
Sincerely,
Mark J. DeRocchi, P.E.
Chief, Engineering Division
Enclosure
Digitally signed by
DEROCCHI.MARK.JOSEPH.100
5124790
Date: 2025.03.17 12:40:01 -07'00'
Exhibit B
In Reply Refer to:
08ESMF00-2021-F-2762
December 21, 2021
Ryan Larson
Chief, Levees and Channels Branch
U.S. Army Corps of Engineers
1325 J Street
Sacramento, California 95814-2922
[email protected]
Subject: Formal Consultation on the City of Sa cramento Pump Outfalls Replacement Project, Sacramento County, California
Dear Ryan Larson:
This letter is in response to the U.S. Army Corps of Engineers (Corps) May 21, 2021, electronic mail (email) request for initiation of formal consultation with the U.S. Fish and Wildlife Service (Service) on the proposed City of Sacramento (City) Pump Outfalls Replacement Project (proposed project) in Sacramento County, California. At issue are the proposed project’s effects on the federally threatened giant garter snake (Thamnophis gigas; snake) and valley elderberry longhorn beetle (Desmocerus californicus dimorphus; beetle). This response is provided under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act), and in accordance with the implementing regulations pertaining to interagency cooperation (50 CFR 402).
The federal action on which we are consulting is the issuance of a Corps permit under section 408 of the Clean Water Act, to the Central Valley Flood Protection Board (CVFPB) for the replacement by the City of the pump discharges for three sump stations. Our response also addresses any section 404 of the Clean Water Act permissions that are necessary for completion of the proposed project. Pursuant to 50 CFR 402.12(j), you submitted a biological assessment, dated March 2021, that was attached to the May 21, 2021 email for our review and requested concurrence with the findings presented therein. These findings conclude that the proposed project may affect, and is likely to adversely affect the snake and may affect, but is not likely to adversely affect the beetle. Critical habitat has not been designated for the snake. Critical habitat has been designated for the beetle, but the proposed project action area is outside the designated critical habitat; therefore, critical habitat will not be affected.
In considering your request, we based our evaluation on the following: 1) a consultation request letter dated and received via email on May 21, 2021; 2) a biological assessment, dated March 2021, that was attached to the May 21, 2021 email; 3) additional email correspondence between the Corps and the Service between September and November 2021; and 4) other information available to the Service.
(1&/2685(
Exhibit B
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Valley Elderberry Longhorn Beetle
The beetle is dependent on elderberry shrubs as the host plant to complete its larval cycle.
Elderberry shrubs are found within 165 feet of the action area at Sump 155 and the Lathrop Way staging area, which are both in the Sacramento River Management Unit as identified in the Revised Recovery Plan for the Valley Elderberry Longhorn Beetle (Desmocerus californicus dimorphus) (Service 2019). Shrubs adjacent to the Lathrop Way site are behind a chain-link fence defining the staging area; critical habitat for the beetle is located approximately 50 feet to the north. The single shrub at Sump 155 is 6 feet from the access road and approximately 85 feet from the project footprint along the edge of residential development. It is assumed to be occupied due to the observation of potential beetle exit holes in live portions of the shrub; surveys were not conducted at the Lathrop Way staging area.
The Service concurs with the determination that the proposed project may affect, but is not likely to adversely affect, the beetle because: 1) the proposed project does not require direct contact with, removal of, or trimming of elderberry shrubs; 2) elderberry shrubs near the work area will be protected from inadvertent traffic disturbance by the installation of high-visibility fencing and signage; and 3) worker awareness training will minimize impacts to the elderberry shrubs, and any beetles within them, from foot traffic or other inadvertent disturbance from proposed project personnel.
The remainder of this document provides our biological opinion on the effects of the proposed project on the giant garter snake.
Consultation History
May 21, 2021: The Service received from the Corps a letter requesting initiation of consultation for effects of the proposed project on the giant garter snake and valley elderberry longhorn beetle. The letter included an attached Biological Assessment.
September 20, 2021: The Service emailed the Corps with additional questions to clarify the project description and conservation measures in the biological assessment.
November 10, 2021: Response received from the Corps agreeing to proposed revisions to conservation measures regarding use of a native seed mix for erosion control in revegetating impacted areas.
BIOLOGICAL OPINION
Description of the Proposed Action
The City has proposed replacement of the discharge pipes at three sump stations: 089, 151, and 155. Only Sumps 089 and 155 contain listed species habitat; therefore, project activities discussed in this document are limited to these two locations. Sump 089 is located on Morrison Creek; Sump 155 is located on the Lower American River. Proposed activities include pipe replacement from the pump discharge through the headwall and across the levee to the outfall structure. To remove pipes in the levee, trenches that are approximately twice the width of each pipe will be excavated from the landside to the waterside of the levee below the pipes. For pipes that are close together, one wider trench may be used to accommodate multiple pipes. Existing Exhibit B
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pipes will be lifted out of the trench. The fill beneath the pipes will be built back up to the bottom of the new pipes, which may be installed at a higher elevation than the removed pipes.
Installation of positive closure vaults and/or sluice gate structures at the hinge point of the levee is also required at these locations. The vault area will be excavated to the bottom of the levee, then built back up from the bottom to pour the vault. The vault is cast-in-place concrete and will be partially buried. Varying amounts of asphalt will be installed or replaced at the sites.
Following proposed project activities, the existing fence at each sump station will be removed and replaced near the landside toe. Best management practices (BMPs) will be implemented to prevent debris from entering waterways and channels. Except where noted for Sump 155, project sites will be returned to their existing condition post-construction.
Work will be completed during the summer months outside the flood season, between May 1 and October 1. Riparian vegetation may require minor trimming at Sumps 089 and 155 near the outfall structures. Construction is anticipated to take four months during one construction season.
Staging will occur on existing gravel service roads and previously disturbed areas.
Sump 089
Two trees will be removed at Sump 089 to access the existing pipes. Four pipes will be removed and replaced. Additional improvements include removing and replacing the existing level sensor conduit, removal and replacement of approximately 260 feet of the existing floodwall, and replacement of the existing outfall structure. A cofferdam will be used to dewater the site for access to the outfall structure. Dewatered areas will remain dry with no ponded water for at least 15 days prior to beginning excavation or filling of habitat.
Sump 155
Approximately 280 feet of two pipes will be removed from the sloped concrete apron that extends over the American River; these will be relocated to the upper outfall structure. The third pipe, extending from a typical concrete outfall structure further up the levee bank will be removed and replaced. The lower, sloped concrete apron has been undermined by the river and will be demolished and lifted from upslope after surrounding it by a turbidity curtain placed in the river. No dewatering will occur within the turbidity curtain. The gunite between the top of the concrete apron and the bottom of the upper outfall structure will be excavated and replaced with Class 5 Rock Slope Protection (RSP) keyed into the excavated area. Up to four trees may need to be removed. The upper outfall structure will be widened to accommodate the relocated pipes from downslope. An existing gate riser and sluice gate at the top of the levee hinge point will be replaced, and a retaining wall will be installed. A positive closure vault will be installed at the waterside hinge point of the levee. RSP will be placed below the closure vault. Stairs will be installed on the waterside levee slope, and the levee crown and maintenance access road will be resurfaced.
Conservation Measures
The following is a summary of conservation measures proposed by the Corps that will be implemented as outlined in the biological assessment to reduce the potential for adverse effects to snakes, beetles, and their respective habitats. The conservation measures proposed below are considered part of the proposed action evaluated by the Service in this biological opinion. For the purposes of this consultation, a “qualified biologist,” as referenced in this document, refers to an Exhibit B
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individual who, at a minimum, holds a four-year degree in a relevant biological field and who has demonstrated knowledge and experience with giant garter snake and its habitat.
General Conservation Measures
1. A qualified biologist will provide training for all contractors, work crews, and any onsite personnel before they start work on the proposed action. The training will summarize relevant laws and regulations that protect biological resources and discuss sensitive habitats and species likely to be encountered (snake and beetle), the role of biological monitors, applicable avoidance measures to protect species addressed in this document and their habitats, and the penalties for not complying with such measures.
2. Removal of trees and riparian vegetation will be minimized to the extent possible. Trees removed at Sump 155 will be replaced by willow stake plantings postconstruction.
3. To protect avoided riparian forest, riparian scrub shrub, retained trees, and other sensitive natural communities, prior to construction, environmentally sensitive area (ESA) fencing or equivalent demarcation approved by the engineer will be placed along the limits of construction in the action area to exclude construction activities. Trucks and other vehicles will not be allowed to park beyond, nor shall equipment be stored beyond, the fencing. No vegetation trimming/mowing or ground-disturbing activities will be permitted beyond the fencing.
4. After pipe replacement, the habitat within the action area will be restored to pre-project conditions, which will include seeding of previously vegetated areas using an erosion mix composed of grassland species native to the Central Valley.
5. For all sumps, the City will obtain a Streambed Alteration Agreement from the California Department of Fish and Wildlife (CDFW) in compliance with Fish and Game Code Section 1602. The City and its contractor will be required to comply with terms of the Agreement and provide any required documentation of proof of compliance to CDFW.
6. The Project will comply with the provisions of Title 9, Chapters 9.31 through 9.35 of the City of Sacramento Code (Grading, Erosion and Sediment Control Ordinance). Code compliance includes preparation of an Erosion and Sediment Control Plan.
7. If required, the Project will obtain National Pollutant Discharge Elimination System (NPDES) coverage via the State Water Resources Control Board’s (SWRCB) Construction General Permit, which requires preparation of a Stormwater Pollution Prevention Plan prior to construction.
8. BMPs to control soil erosion, sediment transport, and runoff pollution will be implemented during construction per the City’s Administrative and Technical Procedures Manual for Grading and Erosion and Sediment Control (City of Sacramento 2013).
9. Equipment will be refueled and serviced at designated construction staging areas. All construction material will be stored and contained in designated areas located away from aquatic resources to prevent transport of materials into adjacent waterways. Appropriate BMPs will be installed to collect any discharge, and adequate materials for spill cleanup will be kept on site. Construction vehicles and equipment will be properly maintained to Exhibit B
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prevent contamination of soil or water from external grease and oil or from leaking hydraulic fluid, fuel, oil, and grease.
Giant Garter Snake Conservation Measures
The following measures are to be implemented at Sump 089:
1. A qualified biologist shall conduct a preconstruction clearance survey within 24 hours prior to construction activities within identified giant garter snake aquatic and adjacent upland habitat. If construction activities stop for a period of 2 weeks or more, another preconstruction clearance survey will be conducted within 24 hours prior to resuming construction activity.
2. All construction activity involving disturbance of giant garter snake habitat will occur during the snake’s active season, May 1 through October 1. During this period, the potential for direct mortality is reduced because snakes are expected to move and avoid danger.
3. In areas where construction is to take place, giant garter snakes will be encouraged to leave the site on their own by dewatering aquatic habitat (i.e., removing giant garter snake aquatic habitat) between April 15 and September 30. Dewatered habitat must remain dry, with no water puddles remaining, for at least 15 consecutive days prior to excavating or filling of the habitat. If a site cannot be completely dewatered, netting and salvage of giant garter snake prey items may be necessary to discourage use by snakes.
4. If a live giant garter snake is encountered during construction activities, immediately notify the project’s biological monitor, the Service, and CDFW. The monitor will stop construction in the vicinity of the snake, monitor the snake, and allow the snake to leave on its own. The monitor will remain in the area for the remainder of the workday to ensure the snake is not harmed or, if it leaves the site, does not return. If the giant garter snake does not leave on its own, the qualified biologist will contact the Service for guidance.
5. Temporary exclusion fencing will be installed around work areas in giant garter snake habitat.
Valley Elderberry Longhorn Beetle Conservation Measures The following avoidance and minimization measure will be implemented at Sump 155 and the Lathrop Way staging area:
1. Activities that may damage or kill an elderberry shrub (e.g., trenching, paving, etc.) will avoid elderberry shrubs by a minimum of 20 feet from the drip-line. Areas within 20 feet of elderberry shrubs at the Lathrop Staging Area and areas west of the levee access road at Sump 155 shall be designated as ESAs. No construction personnel, equipment, or material storage shall be allowed within the ESAs. Brightly colored construction fencing shall be installed at least 20 feet from elderberry shrubs to demarcate the ESA at the Lathrop Way staging area and along the length of the western edge of the levee access road at Sump 155. The fencing shall include signage prohibiting entry by construction personnel. At Sump 155, signage will prohibit vehicle or equipment parking along the access road within 20 feet of the elderberry shrub.
Exhibit B
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Action Area
The action area is defined in 50 CFR § 402.02, as “all areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.” For the proposed project, the action area encompasses approximately 2.93 acres at two sump locations within the limits of the City. One sump is located along Morrison Creek (089), and the other is along the American River (155). In addition, a fenced and previously disturbed area on Lathrop Way will be used for staging.
Analytical Framework for the Jeopardy Determination
Section 7(a)(2) of the Act requires that federal agencies ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of listed species. “Jeopardize the continued existence of” means to engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species (50 CFR § 402.02).
The jeopardy analysis in this biological opinion considers the effects of the proposed federal action, and any cumulative effects, on the rangewide survival and recovery of the listed species.
It relies on four components: (1) the Status of the Species, which describes the current rangewide condition of the species, the factors responsible for that condition, and its survival and recovery needs; (2) the Environmental Baseline, which analyzes the current condition of the species in the action area without the consequences to the listed species caused by the proposed action, the factors responsible for that condition, and the relationship of the action area to the survival and recovery of the species; (3) the Effects of the Action, which determines all consequences to listed species that are caused by the proposed federal action; and (4) the Cumulative Effects, which evaluates the effects of future, non-federal activities in the action area on the species. The Effects of the Action and Cumulative Effects are added to the Environmental Baseline and in light of the status of the species, the Service formulates its opinion as to whether the proposed action is likely to jeopardize the continued existence of the listed species.
Status of the Species
For the most recent comprehensive assessment of the snake’s rangewide status, please refer to the Giant Garter Snake (Thamnophis gigas) 5-year Review (Service 2020). No change in the species’ listing status was recommended in this 5-year review. Threats evaluated during that review and discussed in the final document have continued to act on the species since the 2020 5-year review was finalized. Habitat loss and fragmentation from urbanization, agricultural conversion, and water transfers are the most significant factors affecting the snake; ongoing maintenance of levees and canals also pose some level of risk to the species. Although these threats to the snake continue, to date no project has proposed a level of effects for which the Service has issued a biological opinion of jeopardy for this species.
Environmental Baseline
Environmental baseline refers to the condition of the listed species or its designated critical habitat in the action area, without the consequences to the listed species or designated critical habitat caused by the proposed action. The environmental baseline includes the past and present impacts of all Federal, State, or private actions and other human activities in the action area, the Exhibit B
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anticipated impacts of all proposed federal projects in the action area that have already undergone formal or early section 7 consultation, and the impact of State or private actions which are contemporaneous with the consultation in process. The consequences to listed species or designated critical habitat from ongoing agency activities or existing agency facilities that are not within the agency's discretion to modify are part of the environmental baseline.
The sump locations occur along major levees bordering rivers and creeks within the City limits that have experienced a high level of disturbance. Topography, drainage, and much of the soils have been modified by the levees and the sump facilities. Numerous gravel access roads occur on and along the levees and around the sump facilities. Outfalls are generally armored with concrete walls, aprons, and/or RSP. Vegetation is periodically mowed or trimmed. Many of the sites contain trash along the banks and on the bed of the outflow waterbodies. The two staging areas are previously disturbed and used for staging and stockpiling under existing conditions.
The banks of Morrison Creek near Sump 089 consist of RSP, dirt, patches of riparian forest, and emergent wetland vegetation. The creek bed consists of mud and is patchily vegetated with false loosestrife (Ludwigia sp.) and common tule (Schoenoplectus acutus var. occidentalis). The earthen banks of the Lower American River near Sump 155 are vegetated with grassland, riparian shrubs, and riparian forest. The riverbed in the action area consists of boulders and cobble rocks with no gravel substrate or vegetation present.
Giant Garter Snake
Historically, the snake inhabited the Sacramento and San Joaquin Valleys from the vicinity of Chico, in Butte County southward to Buena Vista Lake, near Bakersfield in Kern County, California. The eastern and western boundaries of snake range from the foothills occurring along each side of the Central Valley between the Coast Range to the west and the Sierra Nevada to the east (Service 2017). Sump 089 is located along Morrison Creek, a slow-flowing perennial channel. It is the sole location within the action area that contains suitable habitat for the snake; the other sumps are in areas modeled as having a low probability of occurrence based on various environmental attributes known to be correlated with occupancy, including land cover, land use, and soil type (Hansen et al. 2017). Sump 089 is located in the Cosumnes-Mokelumne Basin Recovery Unit (Service 2017).
No snakes were observed during a biological survey conducted July 22, 2020 and there are no known populations in the adjacent portion of the creek. However, snakes could occur in and along Morrison Creek, which contains water with emergent vegetation and suitable prey during the snake’s active season. The levee slopes provide basking habitat and contain small mammal burrows suitable for winter refugia. The closest known occurrence is approximately 0.7 mile southeast of Sump 089 in a portion of Laguna Creek, which is connected to Morrison Creek (CNDDB 2021).
Effects of the Action
Effects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other activities that are caused by the proposed action. A consequence is caused by the proposed action if it would not occur but for the proposed action and it is reasonably certain to occur. Effects of the action may occur later in time and may include consequences occurring outside the immediate area involved in the action.
Exhibit B
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Giant Garter Snake
Construction activities associated with the proposed project will occur during the active season for the snake and will result in temporary effects to upland and aquatic snake habitat. Use of heavy machinery increases the potential for injury or mortality to individuals. Replacement of the pipeline will temporarily remove upland habitat from use by the snake for basking, foraging, thermoregulation, and evading predators. Bank excavation will destroy the existing mammal burrows and may destroy other burrows or crevices that are used for over-wintering habitat and for summer thermoregulation, shedding, and giving birth. Excavation also poses a risk of injury or mortality to any snakes utilizing the mammal burrows or crevices. These risks are minimized by inclusion of the conservation measures requiring the site to be dewatered to reduce its suitability during the period of construction, work to occur during the snake’s active season (May 1 to October 1), a pre-construction clearance survey, the use of exclusion fencing, and authorization for the biological monitor to stop work around any snakes detected to allow them to leave the area on their own.
Increased noise from construction activities may cause snakes to temporarily leave the action area, which may result in stress and additional energy expenditures in snakes that would otherwise be used for foraging to accumulate energy for growth or reproduction. Gravid females in particular may be more sensitive to effects of increased activity because they require suitable gestation habitat throughout the active season to maintain optimal body temperature. Increased time searching for suitable habitat may also subject snakes to increased exposure to predators.
The temporary increase in use of access roads for construction activities may limit their use by snakes as basking sites and may expose basking snakes to increased risk of injury or mortality by vehicles. Increased use of access roads could also act as obstructions to snake movement between aquatic and upland habitat. Dewatering activities will temporarily remove aquatic habitat as well as possible prey species that will be relocated by the qualified biologist. Effects are temporary and ample aquatic habitat exists both up and downstream of Morrison Creek.
Additionally, the small footprint (0.02 acres aquatic habitat and 0.07 acres upland habitat) that will be disturbed and the short timeframe (up to four months) for construction will minimize effects to the giant garter snake.
Cumulative Effects
Cumulative effects include the effects of future State, Tribal, local, or private actions that are reasonably certain to occur in the action area considered in this biological opinion. Future federal actions that are unrelated to the proposed action are not considered in this section because they require separate consultation pursuant to section 7 of the Act. During this consultation, the Service did not identify any future non-federal actions that are reasonably certain to occur in the action area of the proposed project.
Conclusion
After reviewing the current status of the snake, the environmental baseline for the action area, the effects of the proposed City of Sacramento Pump Outfalls Replacement Project, and the cumulative effects, it is the Service’s biological opinion that the City of Sacramento Pump Outfalls Replacement Project, as proposed, is not likely to jeopardize the continued existence of the giant garter snake. The Service reached this conclusion because the project-related effects to the species, when added to the environmental baseline and analyzed in consideration of all Exhibit B
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potential cumulative effects, will not rise to the level of precluding recovery or reducing the likelihood of survival of the species based on the following:
1) habitat effects by the proposed project are temporary and represent a small portion of the habitat available to the snake;
2) the site will be dewatered to discourage snakes from using the area during construction; 3) work will occur over a single season when snakes are active to minimize the likelihood of killing or injuring individuals; and
4) all minimization measures will be implemented.
INCIDENTAL TAKE STATEMENT
Section 9 of the Act and federal regulation pursuant to section 4(d) of the Act prohibit the take of endangered and threatened species, respectively, without special exemption. Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct. Harass is defined by Service regulations at 50 CFR 17.3 as an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering. Harm is defined by the same regulations as an act which actually kills or injures wildlife. Harm is further defined to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavior patterns, including breeding, feeding, or sheltering. Incidental take is defined as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to and not intended as part of the agency action is not considered to be prohibited taking under the Act provided that such taking is in compliance with the terms and conditions of this Incidental Take Statement.
The measures described below are non-discretionary, and must be undertaken by the Corps so that they become binding conditions of any grant or permit issued to the applicant, as appropriate, for the exemption in section 7(o)(2) to apply. The Corps has a continuing duty to regulate the activity covered by this incidental take statement. If the Corps (1) fails to assume and implement the terms and conditions or (2) fails to require the applicant to adhere to the terms and conditions of the incidental take statement through enforceable terms that are added to the permit or grant document, the protective coverage of section 7(o)(2) may lapse. In order to monitor the impact of incidental take, the Corps must report the progress of the action and its impact on the species to the Service as specified in the incidental take statement [50 CFR §402.14(i)(3)].
Amount or Extent of Take
The Service anticipates that incidental take of the giant garter snake will be difficult to detect due to its life history and ecology. The snake is secretive and uses underground burrows for shelter while not in aquatic habitat during the active season and for brumation during the inactive season. In instances where the number of individuals that may be taken cannot be determined, the Service may quantify take in the amount of lost or disturbed habitat and the quantification of habitat becomes a direct surrogate for the species that will be taken. Therefore, the Service Exhibit B
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anticipates that within the action area all snakes in 0.02 acres of aquatic habitat and 0.07 acres of upland habitat will be subject to incidental take in the form of injury and mortality. Although it is infeasible to quantify the exact number of snakes that may be incidentally taken, the Service anticipates that the number will be low based on the fact that snakes are expected to avoid active construction if possible. Moreover, implementation of the conservation measures proposed by the Corps will further reduce the likelihood of potential harm to snakes.
Since we cannot estimate the number of individual snakes that will be incidentally taken for the reasons listed above, we are providing a mechanism to quantify when take would be exceeded as a result of implementing the proposed project. We will use detection of two (2) dead or injured snakes to determine when take is exceeded. By setting a threshold of two individuals detected, we have set an incidental take limit that is measurable, irrefutable, and indicates that the snake is being affected at a level where avoidance and minimization measures, and project implementation need to be re-evaluated and possibly modified. We conclude that incidental take of the snake will be considered exceeded if two dead or injured snakes are detected by biological monitors or other project personnel.
Upon implementation of the following reasonable and prudent measures, incidental take of the snake associated with the City of Sacramento Pump Outfalls Replacement Project will become exempt from the prohibitions described in section 9 of the Act. No other forms of take are exempted under this opinion.
Effect of the Take
In the accompanying biological opinion, the Service determined that this level of anticipated take is not likely to result in jeopardy to the snake.
Reasonable and Prudent Measures
All necessary and appropriate measures to avoid or minimize effects on the snake resulting from implementation of this project have been incorporated into the project’s proposed conservation measures. Therefore, the Service believes the following reasonable and prudent measure is necessary and appropriate to minimize incidental take of the snake:
1) All conservation measures, as described in the biological assessment and restated here in the Project Description section of this biological opinion, shall be fully implemented and adhered to. Further, this reasonable and prudent measure shall be supplemented by the terms and conditions below.
Terms and Conditions
In order to be exempt from the prohibitions of section 9 of the Act, the Corps must ensure compliance with the following terms and conditions, which implement the reasonable and prudent measure described above. These terms and conditions are nondiscretionary. 1) The Corps and the City shall include full implementation and adherence to the conservation measures as a condition of any permit or contract issued for the project. 2) In order to monitor whether the amount or extent of incidental take anticipated from implementation of the proposed project is approached or exceeded, the Corps shall adhere to the following reporting requirements. Should this anticipated amount or extent Exhibit B
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of incidental take be exceeded, the Corps must immediately reinitiate formal consultation, as per 50 CFR§402.16.
a. For those components of the action that will result in habitat degradation or modification whereby incidental take in the form of harm is anticipated (e.g., Sump 089), the Corps shall provide a precise accounting of the total acreage of habitat affected to the Service after completion of construction. This report shall also include any information about changes in project implementation that result in habitat disturbance not described in the Description of the Action and not analyzed in this biological opinion.
b. The Corps shall immediately contact the Service’s Sacramento Fish and Wildlife Office (SFWO) at (916) 414-6675 to report direct encounters between listed species, project workers, and their equipment whereby incidental take in the form of harassment, harm, injury, or death occurs. If the encounter occurs after normal working hours, the Corps or the City shall contact the SFWO at the earliest possible opportunity the next working day.
When injured or killed individuals of the listed species are found, the Corps or the City shall follow the steps outlined in the Salvage and Disposition of Individuals section below.
Salvage and Disposition of Individuals:
Injured listed species must be cared for by a licensed veterinarian or other qualified person(s), such as the Service-approved biologist. Dead individuals must be sealed in a resealable plastic bag containing a paper with the date and time when the animal was found, the location where it was found, and the name of the person who found it, and the bag containing the specimen frozen in a freezer located in a secure site, until instructions are received from the Service regarding the disposition of the dead specimen. The Service contact person is Wendy Prestera at the SFWO at (916) 414-6675.
CONSERVATION RECOMMENDATIONS
Section 7(a)(1) of the Act directs federal agencies to utilize their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities to minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to help implement recovery plans, or to develop information. The Service recommends the following actions:
1) The Corps and the City of Sacramento should work with the Service to implement recovery actions from the giant garter snake recovery plan.
In order for the Service to be kept informed of actions minimizing or avoiding adverse effects or benefiting listed species or their habitats, the Service requests notification of the implementation of any conservation recommendations.
REINITIATION—CLOSING STATEMENT
This concludes formal consultation on the City of Sacramento Pump Outfalls Replacement Project. As provided in 50 CFR §402.16(a), reinitiation of consultation is required and shall be Exhibit B
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requested by the federal agency or by the Service where discretionary federal involvement or control over the action has been retained or is authorized by law, and:
1) If the amount or extent of take specified in the incidental take statement is exceeded; 2) If new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered; 3) If the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion; or 4) If a new species is listed or critical habitat designated that may be affected by the identified action.
If you have any questions regarding this biological opinion, please contact Wendy Prestera ([email protected]) at (916) 414-6675 or Jennifer Hobbs ([email protected]) at (916) 414-6541, or at the letterhead address.
Sincerely,
Michael Fris
Field Supervisor
ec:
Brian J. Luke, U.S. Army Corps of Engineers, Sacramento, California
MICHAEL FRIS
Digitally signed by MICHAEL
FRIS
Date: 2021.12.21 08:38:17
-08'00'
Exhibit B
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LITERATURE CITED
California Natural Diversity Database (CNDDB). 2021. Rarefind 5. California Department of Fish and Wildlife. Accessed September 2021.
Hansen, E.C., R.D. Scherer, E. Fleishman, B.G. Dickson, and D. Krolick. 2017. Relations between environmental attributes and contemporary occupancy of threatened giant gartersnakes (Thamnophis gigas). Journal of Herpetology (51:274-283).
U.S. Fish and Wildlife Service (Service). 2020. Giant gartersnake (Thamnophis gigas) 5-year review: Summary and Evaluation. U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, Sacramento, California. 44 pp.
U.S. Fish and Wildlife Service. 2019. Revised recovery plan for valley elderberry longhorn beetle. U.S. Fish and Wildlife Service, Pacific Southwest Region, Sacramento, California. iii + 18 pp.
U.S. Fish and Wildlife Service. 2017. Recovery plan for the giant garter snake (Thamnophis gigas). U.S. Fish and Wildlife Service, Pacific Southwest Region, Sacramento, California. vii + 71 pages.
PERSONAL COMMUNICATIONS
O. Ruffcorn. Electronic mail communication from Oren Ruffcorn, Corps, Sacramento to Wendy Prestera and Jennifer Hobbs, Service, Sacramento FWO and Brian J. Luke, Corps dated September 20, 2021.
O. Ruffcorn. Electronic mail communication from Oren Ruffcorn, Corps, Sacramento to Wendy Prestera and Jennifer Hobbs, Service, Sacramento FWO and Brian J. Luke, Corps dated November 10, 2021.
Exhibit B
ATTACHMENT B
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT
1325 J STREET
SACRAMENTO CA 95814-2922
March 25, 2025
Regulatory Division (SPK-2021-00486)
Sacramento Area Flood Control Agency
Attn: Mr. Dan Tibbitts
1007 7th Street, 7th Floor
Sacramento, CA 95814-3415
[email protected]
City of Sacramento Department of Utilities
Attn: Mr. William Busath
1395 35th Avenue
Sacramento, CA 95822-2911
wbusath@cityofsacramento
Dear Messrs. Tibbitts and Busath:
We are responding to your July 2, 2021, pre-construction notification for a Department of the Army (DA) permit for the Pump Outfall Replacement (Sump 089) project. The approximately
1.60-acre project site is located on the Morrison Creek north levee approximately 0.85 mile east of I-5 and 0.18 mile southeast of Delta Shores Circle at latitude 38.45848°, longitude 121.47840°, City of Sacramento, Sacramento County, California.
Based on the information you provided to this office, the Sump 089 project involves the discharge of fill material into waters of the U.S. for activities subject to Section 404 of the Clean Water Act. The proposed project would replace the existing pipes through the levee, and outfall on the water side of the Morrison Creek levee at Sump 089. The replacement project would result in permanent impacts to 0.03 acre of riverine waters and temporary impacts to
0.04 acre of the riverine waters. Approximately 0.016 acre of the permanent impacts would be new impacts while remaining impacts would be within the footprint of the existing outfall. There would not be a loss of waters of the United States.
The proposed project would replace three, approximately 96-foot-long, 42-inch-diameter, welded steel pipes (WSPs) and one ,112-foot-long, 18-inch-diameter WSP with new pipes with the same dimensions. A 6-inch-diameter high density polyethylene (HDPE) drainage pipe would be installed between the two southwestern most pipes. The cast-in-place concrete vault would be partially buried by excavating to the bottom of the levee, then rebuilt with the vault. Rock slope protection (RSP) would be placed below the closure vault on the landside of the levee.
A temporary cofferdam would be installed in Morrison Creek to dewater and expose the submerged outfall structure and concrete apron. The top of the existing headwall would be notched and then left in place. RSP would be placed on top of the existing apron/baffles below the head wall to match adjacent slope contours. A new apron would be constructed above the existing head wall. The existing maintained hardscape of RSP would be reconfigured to accommodate the new apron.
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We have determined that activities in waters of the U.S. associated with the project are authorized by Nationwide Permit Number (NWP) 7 - Outfall Structures and Associated Intake Structures. You must comply with all terms and conditions of the NWP and applicable regional conditions. Enclosed is information about the NWP terms and conditions (Enclosure 1). You should pay particular attention to General Conditions 12, 18, 20, 21, 30, and 32. In addition, your work must comply with the following special conditions:
1. This Corps permit does not authorize you to take an endangered species, in particular the federally threatened giant garter snake (Thamnophis gigas). In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a Biological Opinion (BO) under ESA Section 7, with "incidental take" provisions with which you must comply). The enclosed U.S. Fish and Wildlife Service (USFWS) BO (08ESMF00-2021-F-2762, dated December 21, 2021) (Enclosure 2) contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that is also specified in the BO. Your authorization under this Corps permit is conditional upon your compliance with all of the mandatory terms and conditions associated with "incidental take" of the attached BO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non-compliance with your Corps permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA.
2. You shall comply with all terms and conditions of the enclosed December 24, 2021, Section 401 Water Quality Certification (WDID#5A34CR00831) (Enclosure 3).
3. Prior to commencement of construction activities in waters of the U.S. authorized by this verification, you shall clearly identify the limits of disturbance in the field with highly visible markers (e.g., construction fencing, flagging, silt barriers, etc.). You shall maintain such identification properly until construction is completed and the soils have been stabilized. You are prohibited from any activity (e.g., equipment usage or materials storage) that impacts waters of the U.S. outside of the grading limits as shown on the figure titled Pump Outfalls Replacement Project City of Sacramento, CA dated December 7, 2021 (Enclosure 4).
4. Prior to initiation of construction activities in waters of the U.S. authorized by this verification, you shall notify this office in writing of the anticipated start date for the work. No later than 10 calendar days following completion of construction activities in waters of the U.S. authorized by this verification, you shall notify this office in writing that construction activities have been completed.
5. You are responsible for all work authorized herein and ensuring that all contractors and workers are made aware and adhere to the terms and conditions of this verification. You shall ensure that a copy of the verification and associated drawings are available for quick reference at the project site until all construction activities in waters of the U.S. authorized by this verification are completed.
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6. You and your authorized contractor shall allow representatives from this office to inspect the activity authorized by this verification and all avoidance areas at any time deemed necessary to ensure that work is being or has been accomplished in accordance with the terms and conditions of this verification.
Within 30 days after completion of the authorized work, you must sign the enclosed Compliance Certification and return it to this office.
This verification is valid until March 14, 2026, when the existing NWPs are scheduled to be modified, reissued, or revoked. Furthermore, if you commence or are under contract to commence this activity before the date the NWP is modified, reissued, or revoked, you will have 12 months from the date of the modification, reissuance or revocation to complete the activity under the present terms and conditions. Failure to comply with the general and regional conditions of this NWP, or the project-specific special conditions of this authorization, may result in the suspension or revocation of your authorization.
We would appreciate your feedback on this permit action including your interaction with our staff and processes. For more information about our program or to complete our Regulatory Program national customer service survey, visit our website at www.spk.usace.army.mil/Missions/Regulatory.aspx.
Please refer to identification number SPK-2021-00486 in any correspondence concerning this project. If you have any questions, please contact Matt Hirkala by email at [email protected] or telephone at (916) 557-5148.
Sincerely,
For Michael G. Nepstad
Deputy Chief, Regulatory Division
Enclosures
cc:
Mr. Michael Fong, U.S Army Corps of Engineers, [email protected] Mr. Joseph Morgan, U.S. EPA, Region 9, [email protected] U.S. Fish and Wildlife Service, [email protected]
Central Valley Regional Water Quality Control Board,
[email protected]
Mr. Steven Lamb, Central Valley Flood Protection Board, [email protected] Mr. Jeffery Little, SWCA Environmental Consultants, [email protected]
COMPLIANCE CERTIFICATION
Permit File Name: Pump Outfall Replacement (Sump 089)
Action ID: SPK-2021-00486
Nationwide Permit Number: 7 - Outfall Structures and Associated Intake Structures
Permittees:
Sacramento Area Flood Control Agency City of Sacramento Attn: Mr. Dan Tibbitts Department of Utilities
1007 7th Street, 7th Floor Attn: Mr. William Busath
Sacramento, CA 95814-3415 1395 35th Avenue
[email protected] Sacramento, CA 95822-2911
wbusath@cityofsacramento
County: Sacramento County
Date of Verification: March 25, 2025
Within 30 days after completion of the activity authorized by this permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Sacramento District
[email protected]
Please note that your permitted activity is subject to a compliance inspection by a U.S.
Army Corps of Engineers representative. If you fail to comply with the terms and conditions of the permit your authorization may be suspended, modified, or revoked. If you have any questions about this certification, please contact the U.S. Army Corps of Engineers.
* * * * * * * * *
I hereby certify that the work authorized by the above-referenced permit, including all the required mitigation, was completed in accordance with the terms and conditions of the permit verification.
Permittee Signature Date
BUILDING STRONG®
U.S. ARMY CORPS OF ENGINEERS – SACRAMENTO DISTRICT
1325 J ST. – SACRAMENTO, CA 95814
www.spk.usace.army.mil
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2021 Nationwide
Permit Summary
33 CFR Part 330; Issuance of Nationwide
Permits – February 25, 2022
7. Outfall Structures and Associated Intake Structures.
Activities related to the construction or modification of outfall structures and associated intake structures, where the effluent from the outfall is authorized, conditionally authorized, or specifically exempted by, or otherwise in compliance with regulations issued under the National Pollutant Discharge Elimination System Program (Section 402 of the Clean Water Act). The construction of intake structures is not authorized by this NWP unless they are directly associated with an authorized outfall structure.
Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 32.) (Authorities: Sections 10 and 404).
A. Regional Conditions
1. Regional Conditions for California
2. Regional Conditions for Nevada and Utah
B. Nationwide Permit General Conditions
Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditi ons 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 Coa stal 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 ENCLOSURE 1
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 pre- construction 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 compli ance 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 pre-
construction 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 pre- construction notification. For activities where the non- Federal 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 unti l 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 speci es 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 notificati on 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-species- conservation 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 pre-
construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre- construction 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, Tri bal 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 Nati onal Historic Preservation Act. The district engineer shall
make a reasonable and good faith effort to carry out
appropriate identification efforts commensurate with
potential impacts, which may include background
research, consultation, oral history interviews, sample field investigation, and/or field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer
determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the
following effect determinations for the purposes of
section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect.
(d) Where the non-Federal applicant has identified
historic properties on which the proposed NWP activity
might have the potential to cause effects and has so
notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. For non-federal permittees, the
district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is
required. If NHPA section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the
applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that
section 110(k) of the NHPA (54 U.S.C. 306113) prevents
the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying
the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed
mitigation. This documentation must include any views
obtained from the applicant, SHPO/THPO, appropriate
Indian tribes if the undertaking occurs on or affects
historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and
Artifacts. Permittees that discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by an NWP, they must immediately notify the district engineer of what they have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.
22. Designated Critical Resource Waters. Critical
resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research
Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12,
14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, 52, 57 and 58 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed by permittees in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these
NWPs only after she or he determines that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumul ati ve 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 maxi mum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one-for-
one 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-for-
one 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 difficult- to-replace resources (see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP
activities in or near streams or other open waters will normally include a requirement for the restoration or
enhancement, maintenance, and legal protection (e.g.,
conservation easements) of riparian areas next to open
waters. In some cases, the restoration or
maintenance/protection of riparian areas may be the only compensatory mitigation required. If restoring riparian areas involves planting vegetation, only native species should be planted. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district
engineer may require slightly wider riparian areas to
address documented water quality or habitat loss
concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the
waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation
(e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are
determined to be the most appropriate form of
minimization or compensatory mitigation, the district
engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses.
(f) Compensatory mitigation projects provided to
offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for
proposing an appropriate compensatory mitigation
option if compensatory mitigation is necessary to
ensure that the activity results in no more than
minimal adverse environmental effects. For the
NWPs, the preferred mechanism for providing
compensatory mitigation is mitigation bank credits or
in-lieu fee program credits (see 33 CFR 332.3(b)(2)
and (3)). However, if an appropriate number and type
of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district
engineer, the district engineer may approve the use of
permittee-responsible mitigation.
(2) The amount of compensatory mitigation
required by the district engineer must be sufficient to ensure that the authorized activity results in no more
than minimal individual and cumulative adverse
environmental effects (see 33 CFR 330.1(e)(3)). (See
also 33 CFR 332.3(f).)
(3) Since the likelihood of success is greater and
the impacts to potentially valuable uplands are
reduced, aquatic resource restoration should be the
first compensatory mitigation option considered for
permittee-responsible mitigation.
(4) If permittee-responsible mitigation is the
proposed option, the prospective permittee is
responsible for submitting a mitigation plan. A
conceptual or detailed mitigation plan may be used
by the district engineer to make the decision on the
NWP verification request, but a final mitigation plan
that addresses the applicable requirements of 33 CFR
332.4(c)(2) through (14) must be approved by the
district engineer before the permittee begins work in
waters of the United States, unless the district
engineer determines that prior approval of the final
mitigation plan is not practicable or not necessary to
ensure timely completion of the required
compensatory mitigation (see 33 CFR 332.3(k)(3)). If
permittee-responsible mitigation is the proposed
option, and the proposed compensatory mitigation
site is located on land in which another federal
agency holds an easement, the district engineer will
coordinate with that federal agency to determine if
proposed compensatory mitigation project is
compatible with the terms of the easement.
(5) If mitigation bank or in-lieu fee program
credits are the proposed option, the mitigation plan
needs to address only the baseline conditions at the
impact site and the number of credits to be provided
(see 33 CFR 332.4(c)(1)(ii)).
(6) Compensatory mitigation requirements (e.g.,
resource type and amount to be provided as
compensatory mitigation, site protection, ecological
performance standards, monitoring requirements)
may be addressed through conditions added to the
NWP authorization, instead of components of a
compensatory mitigation plan (see 33 CFR
332.4(c)(1)(ii)).
(g) Compensatory mitigation will not be used to
increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage
limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory
mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can
and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact
requirement for the NWPs.
(h) Permittees may propose the use of mitigation
banks, in-lieu fee programs, or permittee-responsible
mitigation. When developing a compensatory mitigation
proposal, the permittee must consider appropriate and
practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of
marine or estuarine resources, permittee-responsible
mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible
mitigation, the special conditions of the NWP verificati on 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 wetl and 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 Qual i ty 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 provi de 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 distri ct 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 pre-
construction notification, the PCN must include the
quantity of anticipated losses of wetlands, other
special aquatic sites, and other waters for each single and complete crossing of those wetlands, other
special aquatic sites, and other waters (including
those single and complete crossings authorized by an
NWP but do not require PCNs). This information
will be used by the district engineer to evaluate the
cumulative adverse environmental effects of the
proposed linear project, and does not change those
non-PCN NWP activities into NWP PCNs.
(iii) Sketches should be provided when
necessary to show that the activity complies with the
terms of the NWP. (Sketches usually clarify the
activity and when provided results in a quicker
decision. Sketches should contain sufficient detail to
provide an illustrative description of the proposed
activity (e.g., a conceptual plan), but do not need to
be detailed engineering plans);
(5) The PCN must include a delineation of
wetlands, other special aquatic sites, and other
waters, such as lakes and ponds, and perennial and
intermittent streams, on the project site. Wetland
delineations must be prepared in accordance with the
current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic
sites and other waters on the project site, but there
may be a delay if the Corps does the delineation,
especially if the project site is large or contains many wetlands, other special aquatic sites, and other
waters. Furthermore, the 45-day period will not start
until the delineation has been submitted to or
completed by the Corps, as appropriate;
(6) If the proposed activity will result in the
loss of greater than 1/10-acre of wetlands or 3/100-
acre of stream bed and a PCN is required, the
prospective permittee must submit a statement
describing how the mitigation requirement will be
satisfied, or explaining why the adverse
environmental effects are no more than minimal and
why compensatory mitigation should not be required.
As an alternative, the prospective permittee may
submit a conceptual or detailed mitigation plan.
(7) For non-federal permittees, if any listed
species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat (or critical habitat proposed for such designation), the PCN must include the name(s) of
those endangered or threatened species (or species
proposed for listing) that might be affected by the
proposed activity or utilize the designated critical
habitat (or critical habitat proposed for such
designation) that might be affected by the proposed
activity. For NWP activities that require pre-
construction 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 pre-
construction notification, Federal permittees must
provide documentation demonstrating compliance
with section 106 of the National Historic Preservati on Act;
(9) For an activity that will occur in a
component of the National Wild and Scenic River
System, or in a river officially designated by
Congress as a “study river” for possible inclusion in
the system while the river is in an official study
status, the PCN must identify the Wild and Scenic
River or the “study river” (see general condition 16);
and
(10) For an NWP activity that requires
permission from, or review by, the Corps pursuant to
33 U.S.C. 408 because it will alter or temporarily or
permanently occupy or use a U.S. Army Corps of
Engineers federally authorized civil works project,
the pre-construction notification must include a
statement confirming that the project proponent has
submitted a written request for section 408
permission from, or review by, the Corps office
having jurisdiction over that USACE project.
(c) Form of Pre-Construction Notification: The
nationwide permit pre-construction notification form
(Form ENG 6082) should be used for NWP PCNs. A
letter containing the required information may also be
used. Applicants may provide electronic files of PCNs
and supporting materials if the district engineer has
established tools and procedures for electronic submittals. (d) Agency Coordination:
(1) The district engineer will consider any
comments from Federal and state agencies
concerning the proposed activity’s compliance with
the terms and conditions of the NWPs and the need
for mitigation to reduce the activity’s adverse
environmental effects so that they are no more than
minimal.
(2) Agency coordination is required for: (i) all
NWP activities that require pre-construction
notification and result in the loss of greater than 1/2- acre of waters of the United States; (ii) NWP 13
activities in excess of 500 linear feet, fills greater
than one cubic yard per running foot, or involve
discharges of dredged or fill material into special
aquatic sites; and (iii) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody
more than 30 feet from the mean low water line in
tidal waters or the ordinary high water mark in the
Great Lakes.
(3) When agency coordination is required, the
district engineer will immediately provide (e.g., via
e-mail, facsimile transmission, overnight mail, or
other expeditious manner) a copy of the complete
PCN to the appropriate Federal or state offices (FWS,
state natural resource or water quality agency, EPA,
and, if appropriate, the NMFS). With the excepti on 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 pre-
construction 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 aquati c 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 appropri ate 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 case- specific 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 activity- specific 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 non- structural.
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 aqua tic 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 i n 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 determini ng whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre-construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities that do not require Department of the Army authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the United States.
Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR part 329.
Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high-water mark can be determined. Aquatic vegetation within the area of flowing or standing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of “open waters” include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: The term ordinary high water
ma rk 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 flowi ng 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 permi t.
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. Re- establishment 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: re- establishment 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, non- wetland 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 appropr iate 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)).
Final 2021 Nationwide Permit (NWP) Regional Conditions
for the State of California
(Effective February 25, 2022 until March 14, 2026)
A. Regiona
l Conditions for the State of California:
1. The perm
ittee shall submit a pre-construction notification (PCN), in accordance with General Condition 32, in the following circumstances:
a. Activities involving new bank stabilization t hat do not incorporate bioengineering techniques. Bioengineering techniques include using live plants al one or in combination with dead or inorganic materials, including rock, sand, or gravel; b. Activities resulting in a discharge of dredged or fi ll m aterial in waters of the U.S. on Tribal lands1;
c. Activities involving the permanent channelization, realignment, or relocation of streams; and,
d. Activities that have the potential to adversely affect Essential Fish Habitat (EFH), as designated by the Pacific Fishery Management Council. The PCN shall include an EFH assessment and analysis of effects of the action on EFH, in accordance with 50 C.F.R. § 600.920 (e). For Federal perm ittees, if a PCN is requi r ed for the proposed activity, the Federal permittee must provide the district engineer wi th the appropriat e documentation to demonstrate compliance with the Magnuson-Stevens Fishery Conservation and Management Act.
2. In the Sacramento District, the use of any NWP (except NWPs 3, 6, 16, 20, 24, 27, 37, 38, 52, 53, and 59) authorizing the discharge of dredged or fill material in peatlands2 containing histosols, including bogs and fens, is prohibited.
1 of 2
1Tribal lands is defined as any lands title to which is either: 1) held in trust by the United States for the benefit of any Indian tr
ibe or individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against al ienation. 2A peatland is defined as a wetland with saturated organic soil (greater than or equal to 16 inches in thickness) that is classified as a histosol in the Natural Resources Conservation Service (NRCS) Field Indicators of Hydric Soils in the United States (Version 8.0, 2016). A copy of the document can be obtained from the NRCS at:
http://www.nrcs.usda.gov/Internet/_DOCUMENTS/nrcs142p2_053171.pdf 2 of 2
3The EPA 401 WQC does not apply to activities proceeding in the territories of the 25 tribes in Region 9 that have been approved as Section 401 certifying authorities – the Navajo Nation, Paiute-Shoshone of the Bishop Community, Big Pine Paiute- Shoshone Tribe, Twenty-Nine Palms Band of Mission Indians, Hoopa Valley Tribe, Hopi Tribe, Pyramid Lake Paiute Tribe, Dry Creek Rancheria of Pomo Indians, Pala Band of Mission Indians, Cortina Band of Wintun Indians, Walker River Paiute Tribe, Yerington Paiute, Duck Valley, Confederated Tribes of the Goshute Reservation, Gila River Indian Community, San Carlos Apache, Morongo Band of Mission Indians, Big Pine Paiute Tribe of Owen Valley, Rincon Band of Luiseno Indians, Cabazon, Quartz Valley, Karuk, White Mountain Apache Tribe, Table Mountain Rancheria, Resighini Rancheria, La Posta Band of Diegueno Mission Indians. In limited circumstances some lands within tribal boundaries fall outside a tribe’s Section 401 certifying authority and are subject to this certification B. 401 Water Quality Certification (401 WQC) Regional Conditions for California:
1. For NW
Ps 1, 3(a), 4, 5, 6, 9, 10, 11, 14, 20, 22, 28, 32, 36, and 54, on non-tribal lands within the State of California, the permittee shall comply with all terms and conditions of the attached October 12, 2021, 401 WQC granted by the State of California, State Water Resources Control Board.
2. For NW
Ps 3, 5 – 7, 13, 14, 18 – 20, 23, 25, 27, 31 – 33, 36 – 38, 41, 45, 46 and 59, on tribal lands within U.S. Environmental Protection Agency (EPA) Region 93 boundaries in the State of California, the permittee shall comply with all terms and conditions of the attached October 12, 2021, 401 WQC granted by the U.S. EPA.
3. For N
WP 43, on tribal lands within U.S. Environmental Protection Agency (EPA) Region 93 boundaries in the State of California, the permittee shall comply with all terms and conditions of the attached December 11, 2020, 401 WQC granted by the U.S. EPA.
4. For NW
Ps 4, 5, 7, 14 – 17, 19, 20, 22, 23, 25, 27, 30 – 34, 36, 37, 41, 45, 46, 49, 53, 54, and 59, on the Kletsel Dehe Winton Nation within the Sacramento District boundaries in the State of California, the permittee shall comply with all terms and conditions of the attached October 11, 2021, 401 WQC granted by the Kletsel Dehe Winton Nation.
ATTACHMENTS
401 Water Quality
Certifications
State Water Resources Control Board
October 12, 2021
Michael S. Jewell
U.S. Army Corps of Engineers, Sacramento District
1325 J Street
Sacramento, CA 95814-2922
RE: GENERAL ORDER FOR CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION ACTION FOR THE U.S. ARMY CORPS’ REMAINING NATIONWIDE PERMITS (SWRCB ID SB21031GN)
Michael Jewell:
Enclosed please find a GENERAL ORDER FOR CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION ACTION, authorized by the State Water Resources Control Board. This General Order is issued to the U.S. Army Corps of Engineers for the remaining 41 Nationwide Permits (NWPs) that are expected to be finalized and published in the Federal Register by the end of the calendar year.
Attachments A through E of the Enclosure are also part of the General Order.
This General Order is issued in response to a certification request submitted by the U.S.
Army Corps of Engineers (Corps) on October 13, 2020, for proposed 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. The Corps extended the reasonable period of time to take certification action on these 41 NWPs, and the extended reasonable period of time ends on October 12, 2021.
If you require further assistance, please contact Paul Hann by phone at (916) 341-5726 or by email at [email protected]. You may also contact Beth Payne, Wetlands Permitting and Planning Unit Supervisor by phone at (916) 341-5579 or by email at [email protected]
.
Sincerely,
Karen Mogus, Deputy Director
Division of Water Quality, State Water Resources Control Board
Michael S. Jewell - 2 - Reg. Meas. ID: 444647
Enclosure (1): General Order for Clean Water Act Section 401 Water Quality Certification Action for the U.S. Army Corps’ remaining Nationwide Permits
cc: [Via email only] (w/ enclosure):
Sahrye Cohen
Wetland Section Manager
U.S. Environmental Protection Agency, Region 9
[email protected]
James Mazza
Acting Chief, Regulatory Branch
South Pacific Division, San Francisco District
U.S. Army Corps of Engineers
[email protected]
David Castanon
Chief, Regulatory Branch
South Pacific Division, Los Angeles District
U.S. Army Corps of Engineers
[email protected]
Paul Souza
Regional Director
U.S. Fish & Wildlife Service, Pacific Southwest Region
[email protected]
Joshua Grover
Branch Chief
California Dept. of Fish and Wildlife, Water Branch
[email protected]
Matthias St. John
Executive Officer
North Coast Regional Water Quality Control Board
[email protected]
Michael Montgomery
Executive Officer
San Francisco Bay Regional Water Quality Control Board
[email protected]
Matthew T. Keeling
Executive Officer
Central Coast Regional Water Quality Control Board
[email protected]
Michael S. Jewell - 3 - Reg. Meas. ID: 444647
Renee Purdy
Executive Officer
Los Angeles Regional Water Quality Control Board
[email protected]
Patrick Pulupa
Executive Officer
Central Valley Regional Water Quality Control Board
[email protected]
Mike Plaziak
Acting Executive Officer
Lahontan Regional Water Quality Control Board
[email protected]
Paula Rasmussen
Executive Officer
Colorado River Regional Water Quality Control Board
[email protected]
Hope Smythe
Executive Officer
Santa Ana Regional Water Quality Control Board
[email protected]
David Gibson
Executive Officer
San Diego Regional Water Quality Control Board
[email protected]
Gil Falcone
Regional Program Manager
North Coast Regional Water Quality Control Board
[email protected]
Ryan Bey
Regional Program Manager
North Coast Regional Water Quality Control Board
[email protected]
Keith Lichten
Program Manager
San Francisco Bay Regional Water Quality Control Board
[email protected]
Michael S. Jewell - 4 - Reg. Meas. ID: 444647
Diane Kukol
Program Manager
Central Coast Regional Water Quality Control Board
[email protected]
Celine Gallon
Program Manager
Los Angeles Regional Water Quality Control Board
[email protected]
Stephanie Tadlock
Water Quality Certifications Unit Supervisor
Central Valley Regional Water Quality Control Board, Sacramento [email protected]
Matt Scroggins
Program Manager
Central Valley Regional Water Quality Control Board, Fresno [email protected]
Lynn Coster
Program Manager
Central Valley Regional Water Quality Control Board, Redding [email protected]
Jan Zimmerman
Program Manager
Lahontan Regional Water Quality Control Board, Victorville [email protected]
Elizabeth vanDiepen
Program Manager
Lahontan Regional Water Quality Control Board, South Lake Tahoe [email protected]
Kai Dunn
Program Manager
Colorado River Regional Water Quality Control Board
[email protected]
Lauma Jurkevics-Willis
Program Manager
Santa Ana Regional Water Quality Control Board
[email protected]
Michael S. Jewell - 5 - Reg. Meas. ID: 444647
Eric Becker
Program Manager
San Diego Regional Water Quality Control Board
[email protected]
GENERAL ORDER FOR CLEAN WATER ACT
SECTION 401 WATER QUALITY CERTIFICATION ACTION
ORDER NO. WQ 2021-0048-DWQ
Effective Date: Effective date of the remaining
Nationwide Permits
Reg. Meas. ID: 444647
SWRCB ID: SB21031GN
Program Type: Fill/Excavation
Project: State Water Board Certification and Denial of the Corps’ Nationwide Permits (Project)
Applicant: Department of the Army, Corps of Engineers
Applicant Contact: Michael S. Jewell
Chief, Regulatory Division
U.S. Army Corps of Engineers, Sacramento District
1325 J Street
Sacramento, CA 95814-2922
Phone: (916) 557-6605
Email: [email protected]
State Water Board
Contact: Beth Payne
Wetlands Permitting and Planning Unit Supervisor
1001 I Street, 15th floor
Sacramento, CA 95814
Phone: (916) 341-5579
Email: [email protected]
State Water Board Contact Person:
If you have any questions, please call State Water Resources Control Board (State Water Board) contact listed above or contact your local Regional Water Quality Control Board using the Clean Water Act Section 401 Program Staff Directory (https://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/staff_directory_202106
16.pdf).
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Table of Contents
I. Background and Summary ....................................................................................... 3 II. Findings .................................................................................................................... 3 III. Summary of NWPs ................................................................................................... 5 IV. Project Location ........................................................................................................ 5 V. Description of Direct Impacts to Waters of the State ................................................ 5 VI. Conditions................................................................................................................. 5 VII. California Environmental Quality Act (CEQA)......................................................... 23 VIII.Public Notice........................................................................................................... 24 IX. General Order Expiration ........................................................................................ 24 X. Petitions for Reconsideration.................................................................................. 25 XI. Nationwide Permits Denied .................................................................................... 25 XII. Water Quality Certification ...................................................................................... 25
Attachment A Notice of Intent Form and Instructions
Attachment B Reporting and Notification Requirements
Attachment C 40 CFR Part 121.7 Compliance
Attachment D Signatory Requirements
Attachment E List of Certified Nationwide Permits
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I. Background and Summary
On September 15, 2020, the U.S. Army Corps of Engineers (Corps) published in the Federal Register its proposal to reissue the Nationwide Permits (NWPs). On January 13, 2021, the Corps published in the Federal Register its final rule reissuing 12 NWPs and issuing 4 new NWPs, as well as the NWP general conditions and definitions.
State Water Board Order No. [WQ] 2020-0039-EXEC applies only to those NWPs that went into effect on March 15, 2021.
On June 11, 2021, the Corps submitted a draft final rule to the Office of Management and Budget for the remaining 41 NWPs. In a letter to the Board dated August 18, 2021, the Corps extended the reasonable period of time to act on the remaining 41 NWPs to October 12, 2021. This State Water Board Clean Water Act section 401 Water Quality Certification action and waste discharge requirements (General Order), which includes attachments A through E, applies to only the remaining 41 NWPs as they are described in the Corps’ letter dated August 18, 2021.
This General Order conditionally certifies 15 and denies 26 of the Corps NWPs.
Certification is granted to NWPs 1, 3(a), 4, 5, 6, 9, 10, 11, 14, 20, 22, 28, 32, 36, and 54, subject to this General Order’s terms and conditions. All other NWPs are denied.
See Attachment E List of Certified Nationwide Permits. The State Water Board’s Certification of the 2017 Nationwide Permits remains in effect for these NWPs until the effective date of the Corps’ final Nationwide Permits, which is anticipated in 2022.
II. Findings
1. This Order is adopted pursuant section 401 of the Clean Water Act and the California Porter-Cologne Water Quality Control Act (Cal. Water Code §§ 13000, et seq.). Discharges to waters of the state are prohibited except when in accordance with Water Code section 13264. Notwithstanding any determinations made by the U.S. Army Corps or other federal agency pursuant to 40 C.F.R. section 121.9, dischargers must comply with the entirety of this Order because the General Order also serves as waste discharge requirements in accordance with State Water Board Water Quality General Order No. 2003-0017-DWQ. Discharges to waters of the state are prohibited except when in accordance with Water Code section 13264.
2. Failure to comply with any condition in this General Order may constitute a violation of the Porter-Cologne Water Quality Control Act and the Clean Water Act. The discharger may then be subject to administrative and/or civil liability pursuant to Water Code section 13385.
3. In the event of any violation or threatened violation of the conditions of this General Order, the violation or threatened violation shall be subject to any remedies, penalties, process, or sanctions as provided for under state and federal law.
4. In response to a suspected violation of any condition of this General Order, the Water Board may require a discharger with authorization under this General Order to furnish, under penalty of perjury, any technical or monitoring reports the Water Certification of the Corps’ remaining Nationwide Permits Reg Meas. ID: 444647
Board deems appropriate, provided that the burden, including costs, of the reports shall bear a reasonable relationship to the need for the reports and the benefits to be obtained from the reports. The additional monitoring requirements ensure that the permitted dischargers and activities comport with any applicable effluent limitations, water quality standards, and/or other appropriate requirement of state law.
5. This General Order and all of its conditions contained herein continue to have full force and effect regardless of the expiration or revocation of any license or permit issued for the project.
6. This General Order does not provide coverage under the Construction General Permit. As applicable, dischargers shall maintain compliance with conditions described in, and required by, NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ; NPDES No. CAS000002). For ground disturbing activities that do not require enrollment in Order No. 2009-0009-DWQ, project plans included with the NOI shall include appropriate erosion and sediment control measures as described in section VI.B (Stormwater Condition 18) below.
7. This General Order does not authorize any act which results in the taking of a threatened, endangered or candidate species, which is now prohibited, or becomes prohibited in the future, under either the California Endangered Species Act (Fish & G. Code, §§ 2050-2097) or the federal Endangered Species Act (16 U.S.C. §§ 1531-1544). If a “take” will result from any act authorized under this General Order, the discharger must obtain authorization for the take prior to any construction or operation of the portion of the project that may result in a take. The discharger is responsible for meeting all requirements of the applicable endangered species act for the project authorized under this General Order.
8. This General Order does not authorize any activity adversely impacting a significant historical or archeological resource; directly or indirectly destroying a unique paleontological resource or site or unique geologic feature; disturbing any human remains; or eliminating important examples of the major periods of California history or prehistory, unless the activity is authorized by the appropriate historical resources agencies.
9. This General Order includes monitoring and reporting requirements pursuant to Water Code section 13267. The burden of preparing these reports, including costs, are reasonable to the need and benefits of obtaining the reports. The reports confirm that the best management practices required under this General Order are sufficient to protect beneficial uses and water quality objectives. The reports related to accidental discharges also 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. The anticipated costs are minimal as the reporting obligations require only visual monitoring and notification reporting.
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III. Summary of NWPs
The Corps issues NWPs to authorize certain activities that require Corps permits under section 404 of the Clean Water Act and/or section 10 of the Rivers and Harbor Act of 1899. The NWPs include general conditions that modify, suspend, or revoke NWPs for specific activities or within specific geographic regions. In addition, districts or divisions add other conditions, called regional conditions, to the general conditions. The Corps is proposing to issue 40 existing, and 1 new NWP, including modifications to the general conditions, and definitions.
IV. Project Location
An individual project authorized by the Water Board under this General Order may occur anywhere within California except as restricted herein. The nine California Regional Water Boards are the: North Coast Regional Water Board, San Francisco Regional Water Board, Central Coast Regional Water Board, Los Angeles Regional Water Board, Central Valley Regional Water Board, Lahontan Regional Water Board, Colorado River Regional Water Board, Santa Ana Regional Water Board and San Diego Regional Water Board (collectively Regional Water Boards). The jurisdictional boundaries of each board can be found on the State Water Board’s map website (https://www.waterboards.ca.gov/waterboards_map.html).
V. Description of Direct Impacts to Waters of the State Projects proposed under the Corps’ Nationwide Permits cover a wide variety of activities. A complete list of activities, including Corps’ supplemental decision documents, is available on the Federal Register for the Nationwide Permits (docket ID number COE-2020-0002).
Direct impacts to waters of the state may include temporary fill activities such as placement of temporary stream crossings, or permanent impacts such as placement of permanent structures in waterways. These activities may result in temporary impacts to water quality or may result in a permanent loss of waters. Impacts are generally of limited scope individually. To ensure that project impacts do not cumulatively cause adverse impacts to waters or interfere with compliance with water quality standards or objectives, this certification includes only a subset of those permits as listed in Attachment E.
VI. Conditions
This General Order provides reasonable assurance that projects authorized under this General Order will comply with state and federally approved water quality requirements, provided that the following conditions are adhered to.
A. General Conditions
1. Pursuant to California state regulations governing certifications, this General Order is subject to modification or revocation upon administrative or judicial review, Certification of the Corps’ remaining Nationwide Permits Reg Meas. ID: 444647
including review and amendment pursuant to Water Code section 13330, and California Code of Regulations, title 23, chapter 28, Article 6 commencing with section 3867.
2. This General 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 General Order is conditioned upon total payment of any fee required under title 23 of the California Code of Regulations.
a. Fees are not required for NWPs 1, 4, 9, 10, and 11. An application fee is required for NWPs 3(a), 5, 6, 14, 20, 22, 28, 32, and 54 under this General Order. The application fee amount is determined as required by the California Code of Regulations, title 23, sections 3833(b)(3) and 2200(a)(3). Annual fees may apply. Fees are periodically adjusted. Dischargers should confirm the correct fee amount prior to submitting an NOI.
4. Cumulative Impacts: Activities permitted under this General Order shall not result in impacts that are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.
5. Avoidance and Minimization: Projects authorized under this General Order shall be designed to avoid and minimize impacts to waters of the state to greatest practicable extent.
6. 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 water quality control plans by any applicable Regional Water Board or any applicable State Water Board water quality control plan or policy (including the California Ocean Plan). The source of any such discharge must be eliminated as soon as practicable.
7. Site Access : The discharger shall grant Water Board staff or an authorized representative (including an authorized contractor acting as a Water Board representative), upon presentation of credentials and other documents as may be required by law, permission to:
a. Enter upon the project or compensatory mitigation site(s) premises where a regulated facility or activity is located or conducted, or where records are kept.
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b. Have access to and copy any records that are kept and are relevant to the project or the requirements of this General Order.
c. Inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this General Order. d. Sample or monitor for the purposes of assuring General Order compliance.
8. The discharger shall be responsible for work conducted by its consultants, contractors, and any subcontractors. A copy of this General Order shall be provided to any consultants, contractors, and subcontractors working on this project. Copies of this General Order shall remain at the project site from the duration of this General Order. All personnel performing work on the project shall be familiar with the content of this General Order and its posted location at the project site.
9. This General Order shall not apply to projects for which any NWP conditions or regional conditions have been waived by the Corps’ District Engineer.
10. This General Order shall not apply to projects for which more than one NWP has been issued by the Corps except as provided in NWP 14.
11. This General Order shall not apply to projects requiring compensatory mitigation for permanent impacts to waters except as provided in NWPs 3(a), and 14 and section VI.C.
12. Projects impacting histosols, fens, bogs, peatlands, in wetlands contiguous with fens and vernal pools are prohibited.
13. Lake and Streambed Alteration Agreement: If issued, the discharger shall submit a signed copy of the Department of Fish and Wildlife’s lake and streambed alteration agreement to the Water Board prior to any discharge to waters of the state.
14.The certifying agency may review and revise or revoke (change) a general certification pursuant to California Code of Regulations, title 23, chapter 28, section 3861. Any change to a general certification made by the certifying agency pursuant to this subsection shall not apply to activities subject to a federal license or permit issued before such a change is made.
15.The State Water Board or Regional Water Quality Control Boards (collectively Water Boards) shall determine whether the activity is eligible for enrollment under this General Order. The Water Boards will require a discharger to apply for an individual certification or a certification under another general certification where the activity does not fit in within a CEQA exemption or the activity would not comply with water quality control plans or water quality control policy if authorized for coverage under this Order. A discharger may choose to apply for an individual water quality certification.
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B. Construction Conditions
1. All materials and supplies necessary for implementing these construction conditions must be on-site and ready for use at the start of the construction activity and must remain in supply and ready for implementation throughout the construction process.
All non-structural best management practice (BMP) materials (e.g., training documents, compliance tracking procedures) must be ready for use at the start of construction.
2. Construction material, debris, rubbish, spoils, soil, silt, sawdust, rubbish, steel, welding slag, welding rods, waste material, waste containers, other organic or earthen material, or any other substances which could be detrimental to water quality or hazardous to aquatic life that is discharged as a result of project related activities shall be prevented from entering waters of the state. Spoils from excavations shall not be stored in waters of the state.
3. Environmentally sensitive areas and environmentally restricted areas, including any avoided waters of the state, must be clearly identified in the field for exclusion prior to the start of construction. Such identification must be properly maintained until construction is completed and the soils have been stabilized. Equipment, materials, or any other substances or activities that may impact waters of the state outside of the limits of project disturbance are prohibited.
4. 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.
5. 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.
6. 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 re-vegetation and restoration plans.
7. 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 crossing structure.
8. Unless authorized for restoration, material excavated to prepare a site for placement of the permitted fill material must be properly disposed of in an upland area. The disposal site must be located at a sufficient distance away from flowing or standing water such that the excavated material does not erode or move in any way into any water of the state. The disposal area shall be identified in the project NOI.
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9. Topsoil: For any excavation, including utility line trenches, the top 6 to 12 inches of topsoil shall be removed and stockpiled separately during construction. Following installation, the topsoil shall be replaced and seeded with native vegetation.
10. Any structure, including but not limited to, culverts, pipes, piers, and coffer dams, placed within a stream where fish (as defined in Fish and Game Code section 45) exist or may exist, must be designated, constructed, and maintained such that it does not constitute a barrier to upstream or downstream movement of aquatic life, or cause an avoidance reaction by fish due to impedance of their upstream or downstream movement. This includes, but is not limited to, maintaining the supply of water and maintaining flows at an appropriate depth, temperature, and velocity to facilitate upstream and downstream fish migration. If any structure results in a long- term reduction in fish movement, the discharger shall be responsible for restoration of conditions as necessary (as determined by the Water Board) to secure passage of fish across the structure.
11. Dust Abatement: 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 Water Board staff.
12. Use of Mechanized Equipment: Activities permitted under this General Order shall be conducted in a manner that minimizes ground disturbance, soil compaction, rutting and other mechanical impacts. Equipment shall be operated and maintained in a manner that reduces the risk of spills or the accidental exposure of fuels or hazardous materials to water bodies or wetlands. Appropriate project specific BMPs shall be specified by the discharger and shall be provided as part of the project description included in the NOI.
13. Piers or Piles: Piers or piles placed in the stream channel to support a linear transportation structure over a creek channel must be aligned parallel with the direction of flow to prevent erosive eddies.
14. Culvert Replacement and Maintenance
a. Cured in Place Pipe (CIPP) is prohibited where it could cause detrimental physiological responses to human, plant, animal, or aquatic life, or cause discharges to waters of the state that do not comply with water quality objectives or goals.
b. Replacement of culverts acting as grade control structures is prohibited. A vertical gap between the outlet of the culvert and the immediate downstream invert of the stream channel indicates that the culvert likely functions as a grade control structure.
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c. Projects proposing to replace culverts must repair any existing scour or headcutting actively discharging sediment, caused by prior culvert design. d. The replaced or maintained culvert shall be in alignment with the stream channel upstream and downstream of the culvert.
e. Any replacement culvert or culvert that is to be left in place by a repair or maintenance project must be placed at a gradient and orientation that will not result in erosional scour at the outlet.
f. Replacement of a culvert with a similarly sized culvert is allowable only where there is no visual indication that the existing culvert is undersized. Visual indications of undersized culverts include, but are not limited to: sediment aggradation upstream of the culvert; evidence of flow over the top of the culvert (e.g., erosional rills in dirt road surfaces or erosion of shoulders adjacent to paved road surfaces), erosion of the fill cell between the culvert and the road surface, scour pools at the culvert outlet, or erosion of creek banks immediately downstream of the culvert.
g. Culverts with solid bottoms (e.g., cylindrical culverts or box culverts) may be replaced with arch culverts or free-span bridges, if the existing culvert is not acting as a grade control structure.
h. The culvert must not be located in a meander bend of the stream channel. i. Replacement culverts must be sized to convey a 100-year flow event with debris, without pressurizing flow passing through the culvert. The 100-year flow event should be modeled under climate change projections, if available.
15. Toxic and Hazardous Materials
a. Activities permitted under this General Order shall not discharge toxic substances in concentrations that produce detrimental physiological responses to human, plant, animal, or aquatic life.
b. Discharge of unset cement, concrete, grout, damaged concrete spoils, or water that has contacted uncured concrete or cement, or related washout to surface waters, ground waters, or land is prohibited. If concrete washout is necessary at the site, washout containment shall be used to prevent any discharge. Wastewater may only be disposed by delivery to a sanitary waste- water collection system/facility (with authorization from the facility’s owner or operator) or a properly licensed disposal or reuse facility. c. Appropriate BMPs must be implemented throughout project activities to prevent and control potential leaks/spills/drainage of potentially hazardous materials such as: non-petroleum hydraulic fluid; epoxies; paints and other protective coating materials; cement concrete or asphalt concrete; and washings and cuttings thereof.
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d. Activities permitted under this General Order shall not discharge waste classified as “hazardous” as defined in California Code of Regulations title 22, section 66261 and Water Code section 13173. Appropriate BMPs for hazardous substances shall be included in project plans provided in the NOI.
These BMPs shall include, at a minimum:
i. All personnel handling fuels and other hazardous materials shall be properly trained.
ii. Adequate spill prevention and cleanup equipment and materials shall be present on site at all times during project implementation. iii. All mechanized equipment shall be maintained in good operating order and inspected on a regular basis.
iv. All on site fuel trucks or fuel containers shall be stored in an area where risk of contamination of water bodies by leaks or spills is minimized.
v. All equipment shall be fueled, maintained, and/or parked overnight in an upland area at least 100 feet from any delineated waters of the state.
vi. Hazardous materials, including chemicals, fuels, and lubricating oils, shall not be stored within 100 feet of any delineated waters of the state, and shall be stored in appropriate containers with appropriate secondary containment.
vii. Pumps or other stationary equipment operating within 100 feet of a waterbody or wetland shall utilize appropriate secondary containment systems to prevent spills.
viii. Any spills or leaks of hazardous materials, chemicals, fuels, lubricants, or any other potential pollutants shall be promptly and completely treated using appropriate materials and equipment. ix. Spill containment supplies shall be on site in all work areas in sufficient quantities to allow immediate remediation of fuel, oil, hydraulic fluid or similar leaks and spills.
x. A staging area for equipment and vehicle fueling and storage shall be designated at least one hundred (100) feet away from waters of the state, in a location where fluids or accidental discharges cannot flow into waters of the state.
e. Projects that create new or affect existing wetland areas shall be designed to include features or management measures to reduce the production of methylmercury in the wetland, including minimizing the wetting and drying of Certification of the Corps’ remaining Nationwide Permits Reg Meas. ID: 444647
soils by keeping wetlands flooded and sediment control measures to reduce the transport of total mercury or methylmercury out of the wetland.
16. Invasive Species and Soil Borne Pathogens
a. The discharger is responsible for ensuring that all project personnel follow proper weed control practices, and that appropriate weed prevention measures are included in project plans.
b. Any straw, hay or other unprocessed plant material used for any purpose must be certified or documented as being weed free.
c. Soil borne pathogens are any nematodes, or any bacterial, protozoan, viral or fungal pathogens that can cause disease or death to native plants, agricultural crops or ornamental plants (e.g., Phytophthora ramorum, the cause of sudden oak syndrome, and Phytophthora lateralis, the cause of Port Orford cedar root disease). Any equipment entering or leaving the project area from an area of known soil borne pathogen infestation shall be thoroughly cleaned using methods appropriate for the known pathogen before entering or leaving the project area. The fungus that causes Valley Fever, Coccidioides spp., is not considered a soil borne pathogen in this certification.
17.In-Water Work
a. In-water work must not cause or contribute to an exceedance of water quality objectives in the receiving waters. Work in delineated waters commences at the onset of the regulated activity and continues until the activity is finished and all restoration of the affected work area is complete. The term “work” means any ground disturbing activities in any delineated waters of the state that are permitted under this General Order, regardless of the presence or absence of flowing or standing water.
b. Temporary diversions or impoundments of water, cofferdams, or similar structures installed for the purpose of temporary dewatering work areas may be permitted if the project description provided by the discharger in the NOI includes: (a) an adequate description of the proposed dewatering structures, including design criteria, (b) appropriate BMPs for the installation, operation, maintenance and removal of those structures, and (c) appropriate monitoring for water quality upstream and downstream of diversion structures as required in section VI.D.5 of this General Order.
c. All surface waters, including ponded waters, shall be diverted away from areas undergoing grading, construction, excavation, vegetation removal, and/or any other activity which may result in a discharge to waters of the state.
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d. Except for the following conditions, equipment must not be operated in standing or flowing waters without site specific approval from Water Board staff:
i. All construction activities must be effectively isolated from water flows to the greatest extent possible. This may be accomplished by working in the dry season or dewatering the work area in the wet season. When work in standing or flowing water is required, structures for isolating the in-water work area and/or diverting the water flow must not be contaminated by construction activities. All open flow temporary diversion channels must be lined with filter fabric or other appropriate liner material to prevent erosion.
Structures used to isolate the in-water work area and/or diverting the water (e.g., coffer dam, geotextile silt curtain) must not be removed until all disturbed areas are stabilized.
ii. Cofferdams and water barrier construction must be adequate to prevent seepage into or from the work area to the greatest extent feasible.
iii. Flow diversions must be conducted in a manner that prevents pollution and/or siltation and in a manner that restores pre-project flows (except for variation in flows due to seasonality, upstream diversions, etc.) upon completion of the activity. Diverted flows must be of sufficient quality and quantity, and of appropriate temperature, to support existing fish and other aquatic life both above and below the diversion. Diversions must be designed, installed, and maintained to reduce erosion. Pre-project flows must be restored to the affected surface water body upon completion of work at that location.
e. If groundwater dewatering is required for the project, the discharger shall consult with the Water Board to determine if additional permits are required. If additional Water Board permits relating to dewatering are required, the designated Water Board staff contact identified in the project’s Notice of Applicability (NOA) must be notified and copied on pertinent correspondence pertaining to those other required permits.
f. All temporary dewatering methods shall be designed to have the minimum necessary impacts to waters of the state. All dewatering methods shall be installed such that natural flow is maintained upstream and downstream of the diversion area. Any temporary dams or diversions shall be installed such that the diversion does not cause sedimentation, siltation, or erosion upstream or downstream of the diversion area. All dewatering methods shall be removed immediately upon completion of activities for which diversions are needed.
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g. All temporary dewatering activities are subject to the work-in-water reporting and monitoring conditions presented in sections VI.D below.
18. Stormwater: Dischargers that require enrollment in the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ; NPDES No. CAS000002) shall maintain compliance with that Order. Compliance with that Order constitutes compliance with Erosion and Sediment Control Conditions 18.a.i-ii and Stormwater Management Condition 18.b.i-ii, below.
For ground disturbing activities that do not require enrollment in Order No. 2009-0009-DWQ, project plans included with the NOI shall include the appropriate erosion and sediment control and stormwater management conditions described below.
a. Erosion and Sediment Control
i. No later than 24 hours prior to the start of a likely rain event, the discharger shall ensure that disturbed areas that drain to waters of the state are protected with correctly installed erosion control measures (e.g., jute, straw, coconut fiber erosion control fabric, coir logs, straw, etc.) or revegetated with propagules (seeds, cuttings, divisions) of locally collected native plants. The likely rain event is defined as any weather pattern that is forecast to have a 50 percent or greater probability of producing precipitation in the project area.
The discharger shall obtain on a daily basis a printed copy of the precipitation forecast information (and keep for record) from the National Weather Service Forecast Office.
ii. The timing for installation of the post-construction stormwater BMP subdrains, soils, mulch, and plants shall be scheduled to ensure that the installed bioretention areas do not receive runoff from exposed or disturbed areas that have not been landscaped. The constructed post-project stormwater BMPs shall not receive site runoff until all project landscaping is planted, and effective erosion control measures implemented to ensure that the stormwater features are protected from sediment accumulation.
b. Stormwater Management:
i. Disturbed areas must be temporarily stabilized to prevent erosion and accidental discharge into waters of the state no later than 24 hours prior to any likely precipitation event. A likely precipitation event is any weather pattern that is forecast to have a 50 percent probability of producing precipitation in the project area, as predicted by the National Weather Service. If commencement of a precipitation event is predicted to begin less than 24 hours after the Certification of the Corps’ remaining Nationwide Permits Reg Meas. ID: 444647
forecast is issued, temporary stabilization of the disturbed in-water work areas must begin immediately.
ii. No individual construction activity that could discharge sediment or other pollutants may be initiated if that activity and its associated erosion control measures cannot be completed prior to the onset of precipitation. After any rain event, the discharger shall inspect all sites currently under construction and all sites scheduled to begin construction within the next 72 hours for erosion and sedimentation problems and take corrective action as needed. Seventy-two hour weather forecasts from the National Weather Service shall be consulted prior to start-up of any phase of the project that may result in sediment-laden runoff to the project site, and construction plans made to meet this condition.
C. Mitigation for Temporary Impacts
1. The discharger shall restore all areas of temporary impacts to waters of the state and all project site upland areas of temporary disturbance which could result in a discharge of waters of the state as described in an approved restoration plan. The restoration plan shall be submitted for written acceptance by Water Board staff with the NOI. The restoration plan shall provide the following: a schedule; plans for grading of disturbed areas to pre-project contours; a planting palette with plant species native to the project area; seed collection location; invasive species management; performance standards; and maintenance requirements (e.g., watering, weeding, and replanting).
2. In cases where implementation actions in the restoration plan cannot be reasonably conducted within one year, or where the adverse temporary impacts result in temporary loss of aquatic resource function(s), the discharger may be required to provide compensatory mitigation to offset temporal loss of waters of the state.
Examples of additional mitigation include, but are not limited to, enhancement activities such as increasing the presence of native species and reducing dominance of non-native/invasive species, native willow stalking, planting of native riparian vegetation and trash removal.
3. The Water Board may extend the monitoring period beyond requirements of the restoration plan upon a determination by Water Board staff that the performance standards have not been met or are not likely to be met within the monitoring period.
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D. Notifications and Reports
The following notifications and reports are required, as applicable:
1. Accidental Discharges of Hazardous Materials. 1 Following an accidental discharge of a reportable quantity of hazardous material, sewage, or an unknown material, the following applies (Wat. Code § 13271):
a. As soon as (A) discharger 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:
1. First call – 911 (to notify local response agency)
2. Then call – Office of Emergency Services (OES) State Warning Center at: (800) 852-7550 or (916) 845-8911
3. Lastly, follow the required OES procedures as set forth in:
http://www.caloes.ca.gov/FireRescueSite/Documents/CalOES- Spill_Booklet_Feb2014_FINAL_BW_Acc.pdf
b. Following notification to OES, the discharger shall notify the Water Board, as soon as practicable (ideally within 24 hours). Notification may be via telephone, e-mail, delivered written notice, or other verifiable means. c. Within five (5) working days of notification to the Water Board, the discharger must submit an Accidental Discharge of Hazardous Material Report to the Water Board.
2. Violation of Compliance with Water Quality Standards: The discharger shall notify the Water Board of any event causing a violation of compliance with water quality standards. Notification may be via telephone, e-mail, delivered written notice, or other verifiable means.
a. Examples of noncompliance events include: lack of storm water treatment following a rain event, discharges causing a visible plume in a water of the state, and water contact with uncured concrete.
1 “Hazardous material” means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. “Hazardous materials” include, but are not limited to, hazardous substances, hazardous waste, and any material that a handler or the administrating 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 and Saf. Code § 25501.)
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b. This notification must be followed within three (3) working days by submission of a Violation of Compliance with Water Quality Standards Report.
3. In-Water Work :
a. The discharger shall notify the Water Board at least forty-eight (48) hours prior to initiating work in flowing or standing water or stream diversions.
Notification may be via telephone, e-mail, delivered written notice, or other verifiable means.
b. Within seven (7) working days following completion of in-water work or stream diversions, an In-Water Work/Diversions Water Quality Monitoring Report must be submitted to the Water.
4. Modifications to Project : The discharger shall give advance notice to the Water Board 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 discharger shall inform the Water Board of any project modifications that will interfere with the compliance with this General Order.
5. Water Quality Monitoring
a. Genera l: In work areas during construction, visual monitoring shall be conducted to detect accidental discharge of construction related pollutants (e.g. oil and grease, turbidity plume, or uncured concrete). b. Accidental Discharges/Noncompliance: Upon occurrence of an accidental discharge of hazardous materials or a violation of compliance with a water quality standard, the Water Board may require water quality monitoring based on the discharge constituents and/or related water quality objectives and beneficial uses.
c. In-Water Work or Diversions: For projects involving planned work in water or stream diversions, a water quality monitoring plan shall be submitted to the Water Board for acceptance at least 30 days in advance of any discharge to the affected water body. Water quality monitoring shall be conducted in accordance with the approved plan.
d. Post-Construction: If the proposed project includes ground disturbance, the discharger shall visually inspect the project site during the rainy season (October 1 – April 30) until a Notice of Completion is issued to ensure excessive erosion, stream instability, or other water quality pollution is not occurring in or downstream of the project site. If water quality pollution is occurring, the discharger shall contact the Water Board staff member overseeing the project within three (3) working days. The Water Board may require the submission of a Violation of Compliance with Water Quality Certification of the Corps’ remaining Nationwide Permits Reg Meas. ID: 444647
Standards Report. Additional permits may be required to carry out any necessary site remediation.
E. Application for Coverage and Termination
The following sections describe the reporting and notification types and timing of submittals. Requirements for the content of these reporting and notification types are detailed in Attachment B, including specifications for photo and map documentation.
Written reports and notifications must be submitted using the Reporting and Notification Cover Sheet located in Attachment B, which must be signed by the legally responsible person or authorized representative.
1. Request for Authorization. The administrative process for authorization by this General Order varies according to NWP, as follows:
a. Dischargers shall submit an NOI for certification under NWPs 3(a), 5, 6, 14, 20, 22, 28, 32, 36, and 54 at least 45 days before any project activity. The NOI shall describe all proposed direct project impacts and project design steps taken to first avoid, and then minimize, impacts to waters of the state to the maximum extent practicable. The NOI shall also include a delineation of impact sites. The NOI must also comply with the instructions set forth in Attachment A.
b. Other than the accidental discharge of hazardous materials reporting, dischargers with projects authorized under NWPs 1, 4, 9, 10, and 11 need not submit other notifications or reports to the Water Board identified in this General Order. Dischargers shall comply with all other applicable General Order conditions.
2. All document submittals shall comply with the signatory requirements set forth in Attachment D of this General Order.
3. Projec t Status Notifications
a. Commencement of Construction: The discharger shall submit a Commencement of Construction Notice at least seven (7) days prior to start of initial disturbance activities.
b. Request for Notice of Project Complete Letter: This request shall be submitted to the Water Board within thirty (30) days following completion of all project activities including post-construction monitoring of restoration sites.
Upon approval of the request, the Water Board shall issue a Notice of Project Complete Letter to the discharger. Annual fees will be terminated concurrent with the date of the Project Complete Letter.
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4. Project Reporting
a. Annual Reporting: If required in the NOA, the discharger shall submit an Annual Report each year on the date specified in the NOA. Annual reporting shall continue until a Notice of Project Complete Letter is issued to the discharger. The discharger shall provide at least one annual report, in the event the project is completed in less than one year.
5. Transfer of Property Ownership: Authorization by this General Order is not transferable in its entirety or in part to any person or organization except after notice to the Water Board in accordance with the following terms:
a. The discharger must notify the Water Board of any change in ownership or interest in ownership of the project area by submitting a Transfer of Property Ownership Report. The discharger and purchaser must sign and date the notification and provide such notification to the Water Board at least 10 days prior to the transfer of ownership. The purchaser must also submit a written request to the Water Board to be named as the discharger in a revised order. b. Until such time as this Order has been modified to name the purchaser as the discharger, the discharger named on the NOI shall continue to be responsible for all requirements set forth in this Order.
6. Transfer of Long-Term Best Management Practices Maintenance: If maintenance responsibility for post-construction best management practices is legally transferred, the discharger must submit to the Water Board a copy of such documentation and must provide the transferee with a copy of a Long-Term Best Management Practices Maintenance Plan that complies with manufacturer or designer specifications. The discharger must provide such notification to the Water Board with a Transfer of Long-Term Best Management Practices Maintenance Report at least 10 days prior to the transfer of best management practices maintenance responsibility.
F. Nationwide Specific Impact Size Limits
1. NWP 3(a) – Maintenance; and NWP 14 – Linear Transportation Projects: Total impacts (temporary plus permanent) and permanent impacts to waters of the state are subject to the project size limits and restrictions below. This General Order does not authorize any activities seeking coverage under NWP 3 category (b) (removal of accumulation of sediments and debris), or NWP 3 category (c) (temporary structures, fills, and work necessary to conduct maintenance activity). a. Individual Project Impact Size Limits to Waters of the State:
i. Permanent Impact Acreage: The project shall not result in more than one hundredth (0.01) of an acre of permanent impacts to waters of the state.
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ii. Total Impact Acreage: The project shall not result in more than two-tenths (0.2) of an acre of total impacts to waters of the state. iii. Permanent Impact Length: The project shall not result in more than 100 linear feet of permanent impacts to waters of the state. iv. Total Impact Length: The project shall not result in more than 300 linear feet of total impacts to waters of the state.
G. Nationwide Specific Compliance
1. NWP 3(a) – Maintenance: This General Order authorizes impacts resulting from the repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill, subject to the size limits in section VI.F.1 and all other applicable General Order conditions, including:
a. NWP 3(a) Prohibitions:
i. Lahontan Water Board: Any NWP 3(a) activity within the Lake Tahoe Hydrologic Unit (HUC; 634.00), the Truckee River HUC (635.00), and the Little Truckee River HUC (636.00) is prohibited. ii. Riparian Vegetation: Repair, rehabilitation, or replacement is only authorized when trimming of riparian vegetation does not result in significant adverse effects to water quality or impair beneficial uses. iii. Riparian Tree Removal: If a project involves removal of riparian trees list the following information on the project NOI form for each adult tree proposed for removal: species; common name; diameter breast height; and whether part of the riparian understory or overstory. Any tree removal that results in adverse effects to water quality is prohibited.
iv. Roads: Maintenance of access roads under this General Order shall be confined to the previously existing road prism, except for minor, targeted widening, or improvements. Grading of throughcut roads (any road having a running surface lower than the surrounding terrain on both sides of the road) is prohibited. v. Armoring Facilities: Placement of in-stream armor above streambed elevation is prohibited, except as otherwise authorized by the Water Boards.
vi. Gabions: Use of gabions (“rock gabions” and similar wire basket structures) in waters of the state is prohibited.
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vii. Riprap Installation: New riprap installed as part of the maintenance of existing structures shall not increase the footprint of the structure in jurisdictional waters by more than 15 percent or place new fill across the complete width of the active channel in a manner that creates a new grade control structure in the channel. viii. Grouted Riprap: Use of grouted riprap in waters of the state is prohibited.
ix. Construction, replacement, or expansion of facilities in any ocean, bay, tidal waters, or shores thereof are prohibited.
b. NWP 3(a) Compensatory Mitigation Requirements: Compensatory mitigation is required to offset permanent impacts to waters of the state, unless the discharger has demonstrated that the project authorized by this General Order was designed to restore or improve the ecological function of the impacted aquatic resource. When compensatory mitigation is required, the discharger shall provide the following:
i. A draft compensatory mitigation plan at a level of detail sufficient to accurately evaluate whether compensatory mitigation offsets the adverse impacts attributed to the project considering the overall size and scope of impact.
ii. Compensatory mitigation at a minimum of a one-to-one mitigation ratio, measured in area or length. The Water Board will require a higher overall mitigation ratio where necessary to ensure replacement of lost aquatic resource functions.
iii. Subject to Water Board approval, the mitigation may be satisfied using any of the following compensatory mitigation methods:
restoration, enhancement, establishment, and/or preservation. 2 iv. Compensatory mitigation shall be provided through a mitigation bank or in-lieu fee program, where feasible. If no mitigation bank or in-lieu fee program options are available, mitigation may be provided through on-site or off-site permittee responsible mitigation, subject to Water Board approval.
v. No discharge of dredged or fill material to waters of the state shall occur prior to Water Board approval of a final mitigation plan.
2 Restoration should generally be the first option considered because the likelihood of success is greater and the impacts to potentially ecologically important uplands are reduced compared to establishment, and the potential gains in terms of aquatic resource functions are greater, compare to enhancement and preservation.
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2. NWP 14 – Linear Transportation Projects: This General Order authorizes projects for which one or more NWP 14 has been authorized as long as the individual project size limits in section VI.F.1 are not exceeded. This General Order authorizes impacts resulting from the repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill, subject to the size limits in section VI.F.1 and all other applicable General Order conditions, including:
a. NWP 14 Prohibitions:
i. Lahontan Water Board: Any NWP 14 activity within the Lake Tahoe Hydrologic Unit (HUC; 634.00), the Truckee River HUC (635.00), and the Little Truckee River HUC (636.00) is prohibited. ii. Riparian Vegetation: Repair, rehabilitation, or replacement is only authorized when trimming of riparian vegetation does not result in significant adverse effects to water quality or impair beneficial uses. iii. Riparian Tree Removal: If a project involves removal of riparian trees list the following information on the project NOI form for each adult tree proposed for removal: species; common name; diameter breast height; and whether part of the riparian understory or overstory. Any tree removal that results in adverse effects to water quality is prohibited.
iv. Roads: Maintenance of access roads under this General Order shall be confined to the previously existing road prism, except for minor, targeted widening, or improvements. Grading of throughcut roads (any road having a running surface lower than the surrounding terrain on both sides of the road) is prohibited. v. Armoring Facilities: Placement of in-stream armor above streambed elevation is prohibited, except as otherwise authorized by the Water Boards.
vi. Gabions: Use of gabions (“rock gabions” and similar wire basket structures) in waters of the state is prohibited.
vii. Riprap Installation: New riprap installed as part of the maintenance of existing structures shall not increase the footprint of the structure in jurisdictional waters by more than 15 percent or place new fill across the complete width of the active channel in a manner that creates a new grade control structure in the channel. viii. Grouted Riprap: Use of grouted riprap in waters of the state is prohibited.
ix. Projects impacting any ocean, bay, tidal waters, or shores thereof are prohibited.
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b. NWP 14 Compensatory Mitigation Requirements: Compensatory mitigation is required to offset permanent impacts to waters of the state, unless the discharger has demonstrated that the project authorized by this General Order was designed to restore or improve the ecological function of the impacted aquatic resource. When compensatory mitigation is required, the discharger shall provide the following:
i. A draft compensatory mitigation plan at a level of detail sufficient to accurately evaluate whether compensatory mitigation offsets the adverse impacts attributed to a project considering the overall size and scope of impact.
ii. Compensatory mitigation at a minimum of a one-to-one mitigation ratio, measured in area or length. A higher overall mitigation ratio shall be used where necessary to ensure replacement of lost aquatic resource functions.
iii. Subject to Water Board approval, the mitigation may be satisfied using any of the following compensatory mitigation methods:
restoration, enhancement, establishment, and/or preservation. iv. Compensatory mitigation shall be provided through a mitigation bank or in-lieu fee program, where feasible. If no mitigation bank or in-lieu fee program options are available, mitigation may be provided through on-site or off-site permittee responsible mitigation, subject to Water Board approval.
v. No discharge of dredged or fill material to waters of the state shall occur prior to Water Board approval of a final mitigation plan.
3. NWP 36 – Boat Ramps:
a. Lahontan Water Board: Any NWP 36 activity within the Lake Tahoe Hydrologic Unit (HUC; 634.00), the Truckee River HUC (635.00), and the Little Truckee River HUC (636.00) is prohibited.
b. To prevent the release of uncured cement components into water, use of concrete in areas where ramps may be submerged before the concrete is fully cured is prohibited.
VII. California Environmental Quality Act (CEQA)
The State Water Board has determined that the projects authorized by this General Order are exempt from review under CEQA pursuant to California Code of Regulations, title 14, section 15061. Specifically, the issuance of this Order and the activities described herein meet the exemption criteria under California Code of Regulations, title 14, section(s) listed in the table provided in Attachment E List of Certified Nationwide Permits. Additionally, the State Water Board concludes that no exceptions to the CEQA Certification of the Corps’ remaining Nationwide Permits Reg Meas. ID: 444647
exemption apply to the activities approved by this Order. The State Water Board will file a Notice of Exemption with the State Clearinghouse within five (5) working days from the issuance of this Order (Cal. Code Regs., tit 14 § 15062).
VIII. Public Notice
On October 16, 2020, the State Water Board provided public notice of an application by the Corps to reissue all NWPs. The Corps reissued 12 NWPs and issued four new NWPs in January 2021. The remaining 41 NWPs are expected to be finalized and published in the Federal Register by the end of the calendar year. The Corps extended the reasonable time period to take certification action on the remaining 41 NWPs to October 12, 2021. The State Water Board provided a second public notice of the proposed certification of the Corps’ NWPs pursuant to California Code of Regulations, title 23, section 3861 from August 18, 2021, to October 2, 2021.
In response to the October 16, 2020, public notice, the State Water Board received one late comment from The Citizens Committee to Complete the Refuge, Center for Biological Diversity, California Coastkeeper Alliance, San Francisco Baykeeper, AquAlliance and Defenders of Wildlife. The comment letter raised a number of concerns regarding the process by which the NWPs are being reissued, including that the Corps failed to comply with applicable federal regulations, and substantive portions of the NWPs, including the removal of linear foot restrictions. The comment letter expressed support for conditional certification of a limited number of NWPs and denial of the remaining NWPs. Although the comment letter was late, State Water Board staff considered the recommendations set forth in the letter but notes that many of the concerns expressed in the letter cannot be addressed through this General Order.
In response to the August 18, 2021, public notice, the State Water Board received one comment letter from the Santa Clara Valley Water District on October 1, 2021. The District requested reducing or eliminating conditions in the General Order, which it viewed as undermining streamlining benefits and/or being redundant with protections already included in the Corps’ NWP conditions, and strongly supported the certification of NWPs 3(b) and 3(c). State Water Board staff considered the recommendations set forth in the letter and did not remove conditions or certify NWPs 3(b) or 3(c). Conditions in the General Order reflect state water quality requirements that are not otherwise present in federally-imposed NWP conditions, and while not certified in this General Order, staff may consider future certification of NWPs 3(b) and 3(c) when the Corps reissues them, anticipated in 2026.
IX. General Order Expiration
Except for reporting obligations and enforcement purposes, authorization under this General Order shall extend until the NWPs expire. If a project authorized by the NWPs and by an NOA under this General Order has commenced or is under contract to commence on or before the expiration date of the NWPs, the applicant has up to one year from the General Order expiration to complete the project under the terms of this General Order. If a project has not commenced or is not under contract to commence Certification of the Corps’ remaining Nationwide Permits Reg Meas. ID: 444647
by the NWPs’ expiration date, a new Notice of Intent, or individual application, and applicable fees will be required.
X. Petitions for Reconsideration
Any person aggrieved by this action may petition the State Water Board to reconsider this General 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 General Order.
XI. Nationwide Permits Denied
Clean Water Act section 401 water quality certification for the following NWPs are denied, unless they qualify for coverage under another applicable general certification:
2, 3(b), 3(c), 7, 8, 13, 15, 16, 17, 18, 19, 23, 24, 25, 27, 30, 31, 33, 34, 35, 37, 38, 41, 45, 46, 49, 53, and 59. The State Water Board does not have reasonable assurance that the denied NWPs will comply with the applicable provisions of sections 301, 302, 303, 306 and 307 of the Clean Water Act and appropriate requirements of state law. (See 33 USC § 1341.) This denial does not preclude an applicant from submitting a new or separate project-specific certification request. Information required pursuant to 40 C.F.R. section 121.7(e)(2) is set forth in Attachment C. Clean Water Act section 401 certification action on projects authorized by these denied NWPs will be considered on an individual, project-specific basis, or if eligible, may enroll under another applicable general certification.
XII. Water Quality Certification
I hereby issue the General Order for the State Water Board Certified Corps’ Nationwide Permits Project (file number SB21031GN) certifying that as long as all of the conditions listed in this General Order are met, any discharges authorized by NWPs 1, 3(a), 4, 5, 6, 9, 10, 11, 14, 20, 22, 28, 32, 36, and 54 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 State Water Board will file a Notice of Exemption (NOE) at the SCH within five (5) working days of issuance of this General Order.
In addition to a section 401 certification, this General Order serves as Waste Discharge Requirements pursuant to the Porter-Cologne Water Quality Control Act (Wat. Code, § 13000 et seq.) as set forth in State Water Board Water Quality General Order No. 2003-0017-DWQ. Notwithstanding any determinations made by the U.S. Army Corps or other federal agency pursuant to 40 C.F.R. section 121.9, dischargers must comply with the entirety of this Order. Discharges to waters of the state are prohibited except when in accordance with Water Code section 13264.
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Except insofar as may be modified by any preceding conditions, all General Order actions are contingent on: (a) the discharge being limited and all proposed mitigation being completed in strict compliance with the conditions of this General Order and the attachments to this General 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.
Date Karen Mogus, Deputy Director
Division of Water Quality
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Attachment A – Notice of Intent Instructions
How to Apply
Applicants seeking General Order authorization for Nationwide Permits (NWP) are required to submit a Notice of Intent (NOI) to the appropriate Water Board. A map showing regional water board jurisdictional boundaries is available on the Water Board’s website (http://www.waterboards.ca.gov/waterboardsmap.shtml). Addresses and contact information can be found in the online Staff Directory
(https://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/staffdirectory.pdf).
Regional Water Board NOI Submission
Submit the NOI and application fee to the Regional Water Board with jurisdiction where the proposed project impacts would occur. For projects that cross a regional board boundary, submit the NOI to the State Water Board as directed below.
State Water Board NOI Submission
For projects that cross a regional board boundary: submit the NOI to the State Water Board with the application fee. The appropriate Regional Board(s) should also be provided a copy of any NOI submitted to the State Water Board. For State Water Board NOIs, mail to:
State Water Resources Control Board, Division of Water Quality 1001 I Street; 15th Floor
Sacramento, CA 95814
([email protected])
Notice of Intent Review Process
To avoid project delays, submit an NOI as early as possible. Within 30 days of NOI receipt, Water Board staff will determine if the NOI is complete.
· Incomplete NOIs will be returned to the applicant with a request to provide information needed to determine the NOI complete. In cases where the NOI is incomplete and the applicant fails to provide the requested information, the Water Board may issue a Notice of Exclusion (NOE). · If the NOI is determined complete, within 45 days of NOI receipt, the Water Board will either issue a Notice of Applicability (NOA) or an NOE.
o If the Water Board does not issue an NOA or NOE within 45 days of receiving a complete NOI, the discharger may proceed with the project according to all applicable General Order conditions.
· An NOA authorizes the proposed activity for enrollment under the General Order. An NOE denies authorization and enrollment of the proposed activity under the General Order.
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Definitions
Consider the following definitions while completing your NOI.
Permanent aquatic resource impacts will permanently change an aquatic resource to a non- aquatic habitat type or permanently changes the bottom elevation of an aquatic resource. Permanent impacts can result in physical loss of area and ecological degradation.
Temporary aquatic resource impacts are impacts that temporarily cause a physical loss or ecological degradation of an aquatic resource. The impact must be restored to pre-project conditions through natural ecological processes or active restoration in order to be classified as temporary. If the impact is not restored to pre-project condition, it is classified as permanent.
Form Instructions
Section 1: Nationwide Permit Number
Identify the NWP number that applies to the project.
Section 2: Legally Responsible Party and Duly Authorized Representative Information Legally Responsible Party, Contact Name, and Title: Provide the full, legal company name of the responsible party (applicant). Most commonly, the applicant is the property and/or facility owner. If the applicant is an individual and not a company, indicate that a company name is not applicable. If the applicant is an agency, company, corporation or other organization, a contact name (first, middle initial, last) of the main representative of the company and their title must be provided. The applicant will be the entity or individual responsible for compliance with state and federal regulations, including the Clean Water Act, California Water Code, applicable Water Quality Control Plans, and General Order Conditions.
Legally Responsible Party Contact Information: Telephone number, email address, and the company's mailing address (not the project address) including the street, city, state, and zip code must be provided. Note that the company’s mailing address will also be used for billing purposes.
Duly Authorized Representative Name and Title: The Duly Authorized Representative (agent) is authorized to certify and submit applications or reports to the Water Boards on behalf of the Legally Responsible Party. Telephone number, email address, and the agent's mailing address (not the project address) including the street, city, state, and zip code must be provided. It is not a requirement to have an agent. If you choose to be represented by an agent, provide the agent’s information in this section. If you choose to not be represented by an agent leave this section blank.
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Section 3: Fees
Fee amounts are determined according to the Cal. Code Regs., tit. 23, § 2200(a)(2) fee schedule (https://govt.westlaw.com/calregs/Document/IEEE14760D45A11DEA95CA4428EC25FA0?viewType= FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Defa Def).
· A fee calculator is available online and may be used to estimate fees (https://www.waterboards.ca.gov/water_issues/programs/cwa401/#fees). · Include only the application fee with your NOI. Water Board staff will determine whether any additional project fees are required during NOI review. · Fees may be paid online or by check, money order, or cashier check. Information on how to make an online payment is available at the State Water Board’s Fee Payment Website (https://www.waterboards.ca.gov/make_a_payment/). If fees are paid online prior to application submission, attach payment receipt to the NOI. Although fees should be included with the NOI and submitted to the appropriate Water Board, make all checks, money orders, and cashier checks payable to the “State Water Board.” · Fees are subject to change.
Section 4: Other Agency Permits, Licenses, Agreements, Plans, and Email Correspondence Provide the following information for each permit from other agencies:
· Have you applied? Indicate yes if you have applied for the specified permit; indicate no if you have not.
· Have you received the permit? Indicate yes if you have received the permit; indicate no if you have not.
· Permit Type: Provide the name of the permit.
· ID Number: Provide the permit’s identification number or unique identifier.
Section 5: Project Information
Project Name: Provide the project name. The project name will be used in all correspondence referencing the project. Be sure the project name is consistent with other agency permits and applications for the same project, and is consistent on all maps, drawings, and reports. The project name should be clearly relevant to the project (e.g., Blue Creek Bridge Project; Jones Subdivision Road Widening Project).
Project Address: Provide the street address of the project location and the Assessor’s Parcel Number (APN). If the proposed project does not have a physical street address, be as descriptive as possible in this section. For example, “Leisure Town Rd., 5.5 miles south of the intersection of I-80 and Leisure Town Rd.”
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