Sacramento City Council
July 1, 2025

Coordinates: Indicate the location for the center point of your project in decimal degrees (approximate location is acceptable). Assistance in determining a project’s coordinates is widely available through various free online services or your local library.

Construction Timeline: Provide the estimated start and end dates for the proposed project.

Project Description/Purpose: Provide a detailed, technically accurate narrative description of the proposed project purpose, project design, all activities planned to complete the design. Include total impacts, area of ground disturbance and area of impact to all aquatic resources on the site (i.e., any and all streams, wetlands, lakes, ponds, beaches, shorelines, etc). If temporary diversions or impoundments of water, cofferdams, or similar structures are proposed, include a dewatering plan as required in General Order section VII.B.20. If trimming of riparian vegetation is proposed, describe the species impacted and explain why trimming is necessary to complete the project.

Section 6: Avoidance, Minimization, and Cumulative Impacts Avoidance and Minimization: Describe steps taken to avoid impacts to waters and measures incorporated into the project design to minimize loss of, or significant adverse impacts to, beneficial uses of waters of the state, including on-site restoration of the project area. A description may include actions or methods proposed for erosion control, including winterization strategies to stabilize bare soils and revegetation proposals. A map may be included to indicate the approximate location and area of soil, land and vegetation disturbance, and proposed erosion and sediment control best management practices (BMPs) proposed to avoid and minimize project impacts to waters of the state, including BMPs for hazardous substances. Refer to the Procedures’ state Supplemental Dredge or Fill Guidelines, subpart H, for actions to minimize adverse impacts to waters of the state. If the effects of impervious surfaces will be minimized through implementation of Low Impact Development treatments, describe those minimization treatments.

Cumulative Impacts: Include a discussion of any potential cumulative impacts. Provide a brief description, including estimated adverse impacts of any projects implemented by the project applicant within the last five years or planned for implementation by the applicant within the next five years that are in any way related to the proposed activity or that may impact the same receiving water body(ies) as the proposed activity. For this item, the waterbody extends to a named source or stream segment identified in the relevant Regional Water Quality Control Plan (Basin Plan). Water Board Basin Plans are found on the applicable Regional Board Basin Plan webpage, and also located on the State Water Board’s Plans and Policies website (https://www.waterboards.ca.gov/plans_policies/).

Section 7: Temporary Impacts, Permanent Impacts, and Compensatory Mitigation Riparian Tree Removal: Indicate yes if your project results in the removal of riparian trees; indicate no if it will not. If yes, populate Table 1 with the requested information, or attach a similar table if additional rows are needed.
o Species name
Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID: 444647

o Common name
o Diameter at breast height (DBH)
o Indicate if the tree(s) are part of the riparian overstory or understory Temporary Impacts: Indicate yes if your project will result in temporary impacts to waters of the state. Provide the total temporarily impacted area in acres, to the nearest thousandth of an acre.

Provide the total temporarily impacted length to the nearest whole foot. These quantities must match the sum of the temporary impact quantities provided in Table 3. If you are proposing temporary impacts attach a restoration plan, that contains all General Order requirements (a schedule; plans for grading of disturbed areas to pre-project contours; a planting palette with plan species native to the project area; seed collection location; invasive species management; performance standards; and maintenance requirements (e.g., watering, weeding, and replanting). A restoration plan must be provided before your NOI may be determined complete.

Permanent Impacts: Indicate yes if your project would result in permanent impacts; indicate no if it would not. Provide the total permanently impacted area in acres, to the nearest thousandth of an acre. Provide the total temporarily impacted length to the nearest whole foot.

Table 2: Receiving Waters Information: Populate Table 2 with the requested information as described below.
· Impact Site ID: Identify the impact site with a site ID. Site IDs should correspond to those used in project maps and other agency application materials. · Waterbody Name: List the waterbody name found in the applicable Basin Plan. If the impact site ID occurs in an unnamed waterbody enter “unnamed” and provide the first named downstream receiving water. Contact Water Board staff for Basin Plan maps or general assistance completing this section, if needed. Regional Board Basin Plans are also located on the State Water Board’s Plans and Policies website
(https://www.waterboards.ca.gov/plans_policies/).
· Impacted Aquatic Resource Type: For each impact site ID, identify the impacted aquatic resource type from the following list: lake, ocean, bay, estuary, riparian zone, stream channel, vernal pool, or wetland. (More refined or precise resource classifications may be used in project plans and related documents.)
· Water Board Hydrologic Units: Identify the Water Board Basin Plan hydrologic unit code (HUC). Note that the Basin Plan HUC is not the same as a U.S. Geological Survey HUC. If unknown, indicate UNK and this information will be completed by Water Board staff. · Receiving Waters: List the first downstream waterbody with beneficial use designation in the Water Board Basin Plan. If unknown, indicate UNK and this information will be completed by Water Board staff.
· Receiving Waters Beneficial Uses: List the beneficial use designation. If unknown, indicate UNK and this information will be completed by Water Board staff.

Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID: 444647

· 303d Listing Pollutant: List pollutants for receiving waters that have a 303(d) impairment designation; if the water is not listed, indicate NA. If unknown, indicate UNK and this information will be completed by Water Board staff.
· eCRAM ID: If a California Rapid Assessment Method (CRAM) assessment has been performed at this location, provide the CRAM assessment area ID and attach the CRAM score sheet to the NOI.

Table 3 - Individual Direct Impact Information: Populate Table 3 with the requested information as described below. This table may be used for dredge or fill/excavation activities. · Impact Site ID: Identify the impact site with a site ID; site IDs should correspond with those used in Table 2.
· Latitude: Provide the center coordinate of the impact site in decimal degrees. · Longitude: Provide the center coordinate of the impact site in decimal degrees. · Permanent or Temporary: Indicate if the impact at the impact site ID is permanent or temporary.
· Acres, Cubic Yards, and Linear Feet: Provide the area in acres, volume in cubic yards dredged (if applicable), and length in linear feet for each impact site. For acres, round to the nearest thousandth of an acre.
· Dredge or Fill/Excavation? For each impact site, identify if the impact is from dredging or from fill/excavation activities.

Section 8: Documentation
Use the checklist to confirm the necessary documentation is attached to your NOI. If you determine one of the listed items does not pertain to your project, leave the checkbox empty:
· Fee Check or Online Payment Receipt
· Riparian Trees Proposed for Removal
· Other Agency Correspondence, Permits, and Permit Applications: Attach other agency permits, applications, or correspondence as required in Section 4. If the Corps requires submittal of a Pre-Construction Notification (PCN), include a copy with the NOI. · Aquatic Resource Delineation Report: Include if available. · Drawings, or Design Plans: As applicable, attach drawings, including plan and cross-section views, clearly depicting the location, size, and dimensions of the proposed activity, as well as the location of delineated waters on the site. The drawings should contain a title block, legend and scale, amount (in cubic yards, if applicable) and area (in acres) of fill, including both permanent and temporary impacts. The ordinary high-water mark or, if tidal waters, the mean high water mark and high tide line, should be shown (in feet), based on National Geodetic Vertical Datum (NGVD) or other appropriate referenced elevation and design plans. Maps prepared according to the description below may satisfy some or all of this information. · Temporary Impact Restoration Plan
Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID: 444647

· Map(s): Submit maps of sufficient detail to clearly illustrate all project elements, site characteristics, and impacts, with a scale of at least 1:24000 (1” = 200’). Acceptable map formats, listed in order of preference, are:
o GIS shapefiles: Shapefiles must depict the boundaries of all project areas, site characteristics, and extent of aquatic resources impacted or avoided. Each shapefile should be attributed with the extent/type of aquatic resources impacted. Features and boundaries should be accurate to within 33 feet (10 meters). Identify datum/projection used and, if possible, provide map with north American datum of 1983 (NAD 83) in the California Teale Albers projection in feet.
o KLM files: Saved from online mapping services. Maps must show the boundaries of all project areas and extent/type of aquatic resources impacted. Include URL(s) of maps. If this format is used, include a spreadsheet with the object ID and attributed with the extent/type of aquatic resources impacted.
o Other electronic format: (CAD or illustration format) that provides a context for location (inclusion of landmarks, known structures, geographic coordinates, or USGS DRG or DOQQ). Maps must show the boundaries of all project areas and extent/type of aquatic resources impacts. If this format is used, include a table with the object ID and attributed with the extent/type of aquatic resources impacted.
o Aquatic resource maps marked on paper USGS 7.5 minute topographic maps or Digital Orthophoto Quarter Quads (DOQQ): Original or legible copies are acceptable.

Maps must show boundaries of all project areas and extent/type of aquatic resources impacted. If this format is used, include a spreadsheet with the object ID and attributed with the extent/type of aquatic resources impacted.
· Pre-Project Photographs: Include a unique identifier, date stamp, written description of photo details, and latitude/longitude (in decimal degrees) or map indicating location of photo.

Successive photos should be taken from the same vantage point to compare pre/post construction conditions.
· Proposed Dewatering Plan: If not included in project description. · Additional Pages and/or Supplemental Information: For example, if the requested information does not fit in the space provided on the form, or if you would like to provide supplemental information not requested in the NOI.

Section 9: Legally Responsible Party and Duly Authorized Representative Signature The Legally Responsible Party (LRP) must comply with the eligibility requirements described below (and set forth in Attachment D). The LRP shall sign and submit the NOI to the appropriate Water
Board. Water Board mailing addresses are located in the Staff Directory (https://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/staffdirectory.pdf).

The attestation on the NOI form must be signed by the LRP. LRP eligibility is as follows:

1. For a corporation: The NOI must be signed by a responsible corporate officer of at least the level of vice-president.

Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID: 444647

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

3. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. This includes the chief executive officer of the agency or the senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of the U.S. EPA).

Certification of the Corps’ remaining
Nationwide Permits: Notice of Intent

Section 1: Nationwide Permit Number1
Select the applicable Nationwide Permit (NWP):

NWP 3(a) Maintenance
NWP 5 Scientific Measurement Devices
NWP 6 Survey Activities
NWP 14 Linear Transportation Projects
NWP 20 Response Operations for Oil and Hazardous Substances NWP 22 Removal of Vessels
NWP 28 Modification of Existing Marinas
NWP 32 Completed Enforcement Actions
NWP 36 Boat Ramps
NWP 54 Living Shorelines
*For NWPs 12, 57, and 58, eligible projects may be enrolled using the Notice of Intent (NOI) included in Order No. 2020-0039-EXEC2.

Section 2: Legally Responsible Party (Applicant) and Duly Authorized Representative Information Information Legally Responsible Party Duly Authorized
Representative (optional)
Company/Agency Name
Name of Contact
Title
Address
City, State, Zip
Phone Number(s)
Email Address
Section 3: Fees
Pay the application fee online or include a check, money order or cashier check, payable to the State Water Board, with your NOI.

1 Refer to Attachment A of the General Order for instructions on how to fill out this Notice of Intent. 2 https://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/2020/noi.docx

Section 4: Other Agency Permits, Licenses, Agreements, Plans, and Email Correspondence Attach application if final action not yet taken.

Permit Have you
applied?
(yes/no)
If yes, have
you received
the permit?
(yes/no)
Permit
Type
ID Number
(e.g. Corps
file number)
Army Corps NWP Pre-Construction
Notification (PCN)

US Fish and Wildlife Service Incidental
Take Permit

National Marine Fisheries Service
Incidental Take Permit

Other Federal Permits
California Department of Fish and Wildlife
Lake and Streambed Alteration (LSA)
Agreement

Coastal Development Permit
Other State Permits
Local Permit(s)
Stormwater Pollution Prevention Plan
(SWPPP)

Section 5: Project Information
Project Name:

Project Address (Include city, zip code, county, and Assessor’s Parcel Number):

Coordinates (decimal degrees):

Construction Timeframe (Provide approximate start and end dates):

Project Description/Purpose:

Section 6: Avoidance, Minimization, and Cumulative Impacts Avoidance and Minimization:

Cumulative Impacts:

Section 7: Temporary Impacts, Permanent Impacts, and Compensatory Mitigation Riparian Tree Removal: Would your project result in the removal of riparian trees ? If yes, use the table below for each adult tree proposed for removal (or attach a similar table if additional rows are needed).

Table 1: Riparian Tree Removal
Species Common Name Diameter Breast
Height
Indicate whether the tree is
part of the Overstory or
Understory

Temporary Impacts: Would your project result in temporary impacts ? If yes, attach the restoration plan.

Total Temporary Impacts: _____________acres; ____________ linear feet Permanent Impacts: Would your project result in permanent impacts? Total Permanent Impacts: _____________acres; ____________ linear feet

Table 2: Receiving Waters Information3
Impact Site
ID
Waterbody
Name
Impacted
Aquatic
Resource
Type
Water Board
Hydrologic
Units
Receiving
Waters
Receiving
Waters
Beneficial
Uses
303(d)
Listing
Pollutant
eCRAM ID

Table 3: Individual Direct Impact Information
Impact
Site ID
Latitude Longitude Permanent or
Temporary Impact?
Acres Cubic
Yards
Linear
Feet
Dredge or
Fill/Excavation?

3 Attach additional tables or add rows to the tables as needed. For receiving waters information (e.g., beneficial uses, watershed identification, etc.) refer to the Regional Water Basin Plans on the applicable Regional Water Board website or the State Water Board’s Plans and Policies website (https://www.waterboards.ca.gov/plans_policies/).

Section 8: Documentation
Check any of the following documents that are applicable to your project and attach copies to your NOI.

Fee Check or Online Payment Receipt
Riparian Trees Proposed for Removal
Other Agency Correspondence, Permits and Permit Applications Aquatic Resource Delineation Report
Drawings, or Design Plans
Temporary Impact Restoration Plan
Map(s)
Pre-Project Photographs
Proposed Dewatering Plan
Additional Pages and/or Supplemental Information
Section 9: Legally Responsible Party and Duly Authorized Representative Signature See NOI Instructions for Legally Responsible Party eligibility.

Legally Responsible Party Attestation
I certify under penalty of law that this application and all attachments were prepared under my direction or supervision in accordance with a process designed to assure that qualified personnel properly gather and evaluate the information submitted. The information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Print Legally Responsible Person Name (Not the Duly Authorized Representative) X
Legally Responsible Person's Signature

Duly Authorized Representative assignment is as follows (optional):

The authorization shall specify that a person designated as a Duly Authorized Representative has responsibility for the overall operation of the regulated facility or activity, such as a person that is a manager, operator, superintendent, or another position of equivalent responsibility, or is an individual who has overall responsibility for environmental matters for the company.

Optional Duly Authorized Representative Assignment
I hereby authorize [Print Duly Authorized Representative's Name] to act on my behalf as the Duly Authorized Representative in the processing of this NOI, and to furnish upon request, supplemental information in support of this NOI.

Print Legally Responsible Person Name (not the Duly Authorized Representative) X
Legally Responsible Person's Signature

For Internal Water Board Use Only
Reviewer:

Date Received:

Reg Measure ID:

WDID:

Check Number:

Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID:444647

Attachment B – Report and Notification Requirements
Report Submittal Instructions:

1. Check the box on the Report and Notification Cover Sheet (page 9 and 10 of Attachment B) next to the report or notification you are submitting. See the General Order and Notice of Applicability (NOA) for report and notification requirements specific to your project.

2. Complete and sign the Report and Notification Cover Sheet and attach all information requested for the Report or Notification Type.

3. Submit the signed Report and Notification Cover Sheet and required information via email to the Water Board staff assigned to your project.

4. Include in the subject line of the email:

ATTN: [Staff Name] and [Reg Measure ID] Report
Map/Photo Instructions:

Map Format Information: Preferred map formats of at least 1:24000 (1” = 2000’) detail (listed in order of preference):
· GIS shapefiles: The shapefiles must depict the boundaries of all project areas and extent of aquatic resources impacted. Each shape should be attributed with the extent/type of impacted aquatic resources. Features and boundaries should be accurate to within 33 feet (10 meters). Identify datum/projection used and if possible, provide map with a North American Datum of 1983 (NAD83) in the California Teale Albers projection in feet.
· Google KML files saved from Google Maps: My Maps or Google Earth Pro. Maps must show the boundaries of all project areas and extent/type of aquatic resources impacted. Include URL(s) of maps. If this format is used include a spreadsheet with the object ID attributed with the extent/type of each impacted aquatic resource. · Other electronic format (CAD or illustration format) that provides a context for location (inclusion of landmarks, known structures, geographic coordinates, or USGS DRG or DOQQ). Maps must show the boundaries of all project areas and extent/type of aquatic resources impacted. If this format is used include a spreadsheet with the object ID and attributed with the extent/type of aquatic resources impacted.
· Aquatic resource maps marked on paper USGS 7.5 minute topographic maps or Digital Orthophoto Quarter Quads (DOQQ) printouts. Maps must show the boundaries of all project areas and extent/type of aquatic resources impacted. If this format is used include a spreadsheet with the object ID and attributed with the extent/type of aquatic resources impacted.

Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID:444647

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

Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID:444647

Part A – Annual Reports
Report Type 1 – Annual Report

1. Report Purpose - Notify the Water Board staff of project status throughout the duration of the project.

2. When to Submit – If required in the NOA, the discharger shall submit an annual report each year by the date specified in the NOA until a Notice of Project Complete Letter is issued to the discharger.

3. Report Contents - The contents of the annual report shall include the topics indicated below. Report contents are outlined in Annual Report Topics below. · Topic 1: Construction Summary
· Topic 2: Mitigation for Temporary Impacts Status
· Topic 3: Compensatory Mitigation for Permanent Impacts Status a. Annual Report Topic 1 - Construction Summary - Project progress and schedule including initial ground disturbance, site clearing and grubbing, road construction, site construction, and the implementation status of construction storm water best management practices (BMPs). If construction has not started, provide estimated start date and reasons for delay. i. Map showing general project progress.
ii. Summary of Conditional Notification and Report Types 6 and 7 (Part C below), if applicable.
b. Annual Report Topic 2 - Mitigation for Temporary Impacts Status i. Planned date of initiation and map showing locations of mitigation for temporary impacts to waters of the state and all upland areas of temporary disturbance which could result in a discharge to waters of the state. ii. If mitigation for temporary impacts has already commenced, provide a map and information concerning attainment of performance standards contained in the restoration plan.
c. Annual Report Topic 3 - Compensatory Mitigation for Permanent Impacts Status - *If not applicable report “N/A.”

i. NWP 3(a) and 14 Projects: Include the following as required by the approved Compensatory Mitigation Plan:

Permittee Responsible:
a. If mitigation has not been installed, the planned installation date(s). b. If installation is in progress, a map of what has been completed to date.

Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID:444647

c. If installation is complete, provide a final map and information concerning attainment of performance standards contained in the compensatory mitigation plan.

Mitigation Bank or In-Lieu Fee (ILF):
a. Status or proof of purchase of credit types and quantities. b. The name of bank/ILF program and contact information. c. If ILF, project location and type, if known.

Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID:444647

Part B – Project Status Notifications
Report Type 2 - Commencement of Construction

1. Report Purpose - Notify Water Board staff prior to the start of construction.

2. When to Submit - Must be received at least seven (7) days prior to start of initial ground disturbance activities.

3. Report Contents -
a. Date of commencement of construction.
b. Anticipated date when discharges to waters of the state will occur. c. Project schedule milestones including a schedule for onsite compensatory mitigation, if applicable.
d. Construction Storm Water General Permit WDID No., if applicable.

Report Type 3 - Request for Notice of Project Complete Letter

1. Report Purpose - Notify Water Board staff that construction and/or any post- construction monitoring is complete, and no further project activity is planned.

Water Board staff will review the request and send a Project Complete Letter to the discharger upon approval. Termination of annual invoicing of fees will correspond with the date of the Project Complete Letter.

2. When to Submit - Must be received by Water Board staff within thirty (30) days following completion of all project activities.

3. Report Contents -
a. Part A: Stormwater Compliance
i. Status of post-construction stormwater BMP installation, pursuant to the General Order.
b. Part B: Mitigation for Temporary Impacts
i. A report establishing that the performance standards outlined in the restoration plan have been met for project site upland areas of temporary disturbance which could result in a discharge to waters of the state.
ii. A report establishing that the performance standards outlined in the restoration plan have been met for restored areas of temporary impacts to waters of the state. Pre- and post-photo documentation of all restoration sites.
c. Part C: Permittee Responsible Compensatory Mitigation i.

A report establishing that the performance standards outlined in the compensatory mitigation plan have been met.

Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID:444647

ii. Status on the implementation of the long-term maintenance and management plan and funding of endowment.
iii. Pre- and post-photo documentation of all compensatory mitigation sites.
iv. Final maps of all compensatory mitigation areas (including buffers).

Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID:444647

Part C – Conditional Notifications and Reports
Report Type 4 - Accidental Discharge of Hazardous Material Report

1. Report Purpose - Notifies Water Board staff that an accidental discharge of hazardous material has occurred.

2. When to Submit - Within five (5) working days following the date of an accidental discharge. Continue reporting as required by Water Board staff.

3. Report Contents -
a. The report shall include the Office of Emergency Services (OES) Incident/Assessment Form, a full description and map of the accidental discharge incident (i.e. location, time and date, source, discharge constituent and quantity, aerial extent, and photo documentation). If applicable, the OES Written Follow-Up Report may be substituted.
b. If applicable, any required sampling data, a full description of the sampling methods including frequency/dates and times of sampling, equipment, locations of sampling sites.
c. Locations and construction specifications of any barriers, including silt curtains or diverting structures, and any associated trenching or anchoring.

Report Type 5 - Violation of Compliance with Water Quality Standards Report

1. Report Purpose - Notifies Water Board staff that a violation of compliance with water quality standards has occurred.

2. When to Submit - The discharger shall report any event that causes a violation of water quality standards within three (3) working days of the noncompliance event notification to Water Board staff.

3. Report Contents - The report shall include: the cause; the location shown on a map; and the period of the noncompliance including exact dates and times. If the noncompliance has not been corrected, include: the anticipated time it is expected to continue; the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; and any monitoring results if required by Water Board staff.

Report Type 6 - In
-Water Work and Diversions Water Quality Monitoring Report

1. Report Purpose - Notifies Water Board staff of the completion of in-water work.

2. When to Submit - Within seven (7) working days following the completion of in- water work. Continue reporting in accordance with the approved water quality monitoring plan.

3. Report Contents - As required by the approved water quality monitoring plan.

Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID:444647

Report Type 7 - Modifications to Project Report

1. Report Purpose - Notifies Water Board staff if the project, as described in the application materials, is altered in any way or by the imposition of subsequent permit conditions by any local, state, or federal regulatory authority.

2. When to Submit - If project implementation as described in the application materials is altered in any way or by the imposition of subsequent permit conditions by any local, state, or federal regulatory authority.

3. Report Contents - A description and location of any alterations to project implementation. Identification of any project modifications that will interfere with the discharger’s compliance with the Order.

Report Type 8 - Transfer of Property Ownership Report

1. Report Purpose - Notifies Water Board staff of change in ownership of the project or permittee-responsible mitigation area.

2. When to Submit - At least 10 working days prior to the transfer of ownership.

3. Report Contents -
a. A statement that the discharger has provided the purchaser with a copy of the Order and that the purchaser understands and accepts:
ii. The Order’s requirements and the obligation to implement them or be subject to administrative and/or civil liability for failure to do so; and
iii. Responsibility for compliance with any long-term BMP maintenance plan requirements in the Order.
iv. A statement that the discharger has informed the purchaser to submit a written request to the Water Board to be named as the discharger in a revised order.

Report Type 9 - Transfer of Long-Term BMP Maintenance Report

1. Report Purpose - Notifies Water Board staff of transfer of long-term BMP maintenance responsibility.

2. When to Submit - At least 10 working days prior to the transfer of BMP maintenance responsibility.

3. Report Contents - A copy of the legal document transferring maintenance responsibility of post-construction BMPs.

Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID:444647

Report and Notification Cover Sheet
Project: [Project Name]
Discharger: [Applicant]
WDID/File Number: [######]
Reg. Meas. ID: [######]
Place ID: [######]
Order Effective Date:1 Click here to enter a date
Report Type Submitted
A. Part A – Project Reporting
Report Type 1 ☐ Annual Report
B. Part B – Project Status Notifications
Report Type 2 ☐ Commencement of Construction
Report Type 3 ☐ Request for Notice of Project Complete Letter C. Part C – Conditional Notifications and Reports
Report Type 4 ☐ Accidental Discharge of Hazardous Material Report Report Type 5 ☐ Violation of Compliance with Water Quality Standards Report Report Type 6 ☐ In-Water Work/Diversions Water Quality Monitoring Report Report Type 7 ☐ Modifications to Project Report
Report Type 8 ☐ Transfer of Property Ownership Report
Report Type 9 ☐ Transfer of Long-Term BMP Maintenance Report 1 The date the NOA was issued. If an NOA or Notice of Exclusion (NOE) was not issued for the project, the effective date is 45 days from the date the discharger submitted a complete Notice of Intent (NOI) to the Water Boards.

Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID:444647

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

Signature Date
*This Report and Notification Cover Sheet must be signed by a Duly Authorized Representative and included with all written submittals.

Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

Attachment C - Compliance with 40 CFR Part 121.7
The purpose of Attachment C is to comply with Title 40, Code of Federal Regulations (CFR) sections 121.7(d)(2) and 121.7(e)(2).

Notwithstanding any determinations by the U.S. Army Corps or other federal agency made pursuant to 40 C.F.R. section 121.9, dischargers must comply with the entirety of this General 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.

Certification Conditions and Compliance with Title 40, Code of Federal Regulations (CFR) Part 121.7 (d) (2)
Attachment C uses the same organizational structure as section VI, and the statements below correspond with the conditions set forth in section VI. Sections I through V, and VII through XII are not “conditions” as used in 40 CFR section 121.7.

Attachment C includes citations to some sources of authority that are applicable to all conditions. These sources are specifically identified where they are most relevant but are also generally applicable to the conditions below. California Code of Regulations, title 23,1 Chapter 28 sets forth regulations pertaining to water quality certifications. As set forth in section 3861, the State Water Board may issue a general certification for discharges for a class or classes of activities only if those activities will not individually or cumulatively result in significant adverse impacts or violations of water quality objectives. Accordingly, the State Water Board imposes the conditions set forth in this General Order to assure that the discharge complies with water quality objectives adopted or approved under Sections 13170 or 13245 of the Water Code.

These conditions are also generally required to comply with the state’s Anti-Degradation Policy (State Board Resolution No. 68-16), which requires that for any “activity which produces or may produce a waste or increased volume or concentration of waste and which discharges or proposes to discharge to existing high quality waters will be required to meet waste discharge requirements which will result in the best practicable treatment or control of the discharge necessary to assure that (a) a pollution or nuisance will not occur and (b) the highest water quality consistent with maximum benefit to the people of the state will be maintained.” All Regional Board Water Quality Control Plans incorporate the state’s Anti-Degradation Policy by reference. The state Anti-Degradation Policy incorporates the federal Antidegradation Policy (40 CFR Part 131.12 (a)(1)), which requires "[e]xisting instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected." According to U.S. EPA, for dischargers of dredged or fill material comply with the federal Antidegradation Policy by complying with U.S. EPA’s section 404(b)(1) Guidelines. The State 1 Unless as otherwise noted, all citations are to title 23 of California Code of Regulations.

Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

Water Boards adopted a modified version of U.S. EPA’s section 404(b)(1) Guidelines in the Dredge or Fill Procedures (State Supplemental Guidelines).

VI. Conditions
A. General Conditions

1. Standard Condition CCR section 3860(a) “Pursuant to California state regulations governing certifications, this General Order is subject to modification or revocation upon review…”
This condition was included to comply with section 3860, which sets forth conditions that must be included in water quality certifications. This condition applies only to administrative or judicial review. This condition is also necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements. Water quality requirements include state regulatory requirements for point source discharges into waters of the United States. California Code of Regulations, title 23, Chapter 28 sets forth regulations pertaining to water quality certification for point source discharges to waters of the United States.

2. Standard Condition CCR section 3860(b) for “FERC…”
This condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements. Water quality requirements include state regulatory requirements for point source discharges into waters of the United States.

California Code of Regulations, title 23, Chapter 28 sets forth regulations pertaining to water quality certification for point source discharges to waters of the United States. This condition was included to comply with section 3860, which sets forth conditions that must be included in water quality certifications.

3. Standard Condition CCR section 3860(c) for “conditioned upon total payment of any fee…”

This condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements. Water quality requirements include state regulatory requirements for point source discharges into waters of the United States. California Code of Regulations, title 23, Chapter 28 sets forth regulations pertaining to water quality certification for point source discharges to waters of the United States. This condition was included to comply with section 3860, which sets forth conditions that must be included in water quality certifications. This fee requirement condition is also required pursuant to California Code of Regulations, sections 3861(c)(4) and 3833(b), which requires payment of fees by project proponents enrolling in this General Order.

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4. Cumulative impacts
This condition related to cumulative impacts is required pursuant to California Code of Regulations, section 3861(d), which requires that for a general certification, the category of activities to be certified individually or cumulatively will not have any of the following impacts, taking into account the probable effectiveness of any conditions or certification in avoiding or mitigating such impacts:
a. Significant adverse impacts on water quality that could feasibly be avoided if individual certification, for the proposed activities seeking individual federal licenses or permits, was issued.
b. Violation of any water quality objectives adopted or approved under Sections 13170 or 13245 of the Water Code.
c.

The taking of any candidate, threatened, or endangered species or the violation of the federal Endangered Species Act (16 USC Section 1531 et seq.) or the California Endangered Species Act (Fish and Game Code Section 2050 et seq.). d. Exposure of people or structures to potential substantial adverse effects – including the risk of loss, injury, or death – from flooding, landslides, or soil erosion.

This General Order also authorizes only projects that meet a CEQA exemption, and for which no exceptions to the exemptions apply. Accordingly, this condition is required pursuant to California Code of Regulations, tit. 14, section 15300.2(b) that "All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant."

5. Avoidance and Minimization
Conditions that require avoidance and minimization measures are consistent with the Dredge or Fill Procedures, section IV.B.1.a (Cal. Code of Reg., section 3013),2 which requires applicants to demonstrate that a “sequence of actions has been taken to first avoid, then to 2 The State Policy for Water Quality Control: State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Dredge or Fill Procedures) was adopted on April 2, 2019, went into effect on May 28, 2020, and was revised on April 6, 2021.

The Dredge or Fill Procedures were adopted pursuant to the State Water Board’s authority under Water Code section 13140 (state policy for water quality control) and 13170 (water quality control plan), and accordingly have regulatory effect. Consistent with Government Code, section 11353, a clear and concise summary of the Dredge or Fill Procedures is available in California Code of Regulations, section 3013. A full version of the Dredge or Fill Procedures is available on the State Water Board’s website. Although general orders are not directly subject to the procedural requirements set forth for individual orders, the Procedures do not preclude the incorporation of similar requirements in general orders and provide useful guidance that was adopted by the Water Boards for dredge or fill projects.

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minimize, and lastly compensate for adverse impacts that cannot be practicably avoided or minimized to waters of the state.” A description of avoidance and minimization measures are also required pursuant to the California Code of Regulations, section 3856(h)(6), which requires dischargers to provide a “description of any other steps that have been or will be taken to avoid, minimize, or compensate for loss of or significant adverse impacts to beneficial uses of waters of the state.” This condition is also consistent with the State Supplemental Guidelines, section 230.10.

6. Permitted actions must not cause violation of applicable water quality standards…
C
onditions related to compliance with water quality objectives and designated beneficial uses are required pursuant to the state’s Anti-Degradation Policy (State Board Resolution No. 68-16), which requires that for any “activity which produces or may produce a waste or increased volume or concentration of waste and which discharges or proposes to discharge to existing high quality waters will be required to meet waste discharge requirements which will result in the best practicable treatment or control of the discharge necessary to assure that (a) a pollution or nuisance will not occur and (b) the highest water quality consistent with maximum benefit to the people of the state will be maintained.” All of the Water Quality Control Plans incorporate the state’s Anti-Degradation Policy by reference. The state Anti- Degradation Policy incorporates the federal Antidegradation Policy (40 CFR Part 131.12 (a)(1)), which requires "[e]xisting instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected.". According to U.S. EPA, for dischargers of dredged or fill material comply with the federal Antidegradation Policy by complying with U.S. EPA’s section 404(b)(1) Guidelines. The State Water Boards adopted a modified version of U.S. EPA’s section 404(b)(1) Guidelines in the Dredge or Fill Procedures (State Supplemental Guidelines).

These conditions are also required pursuant to California Code of Regulations section 3861(d), which requires that discharges comply with any water quality objectives adopted or approved under sections 13170 or 13245 of the Water Code.

7. Site Access
Conditions related to site access requirements are authorized pursuant to the Water Boards’ authority to investigate the quality of any waters of the state within its region under Water Code section 13267. Water Code section 13267(c) provides that “the regional board may inspect the facilities of any person to ascertain whether the purposes of this division are being met and waste discharge requirements are being complied with.”

8. The discharger shall be responsible for work…
This condition requires site personnel and agencies to be familiar with the content of the General Order and availability of the document at the project site. This condition is required to assure that any authorized discharge will comply with the terms and conditions of the General Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

Order, which requires compliance with all of the water quality objectives and beneficial uses adopted or approved under sections 13170 or 13245 of the Water Code.

9. Waiver of NWP conditions or regional conditions
If conditions are waived, the State Water Board would need to determine the effect of any such waiver on the proposed project’s impacts to waters of the state. This condition is necessary to ensure that the activity does not individually or cumulatively violate water quality objectives or result in significant adverse impacts, and are more appropriately regulated under an individual certification action than under a general certification (Cal. Code of Regs., § 3861(d)). Water Code section 13264 prohibits any discharge that is not specifically authorized in this General Order, which was drafted based on the conditions set forth in the proposed NWPs noticed on September 15, 2020 and regional conditions.

10. More than one NWP has been issued except as provided by NWP 14 This General Order must comply with the requirements set forth in CEQA, Cal. Code of Regs., section 3861(c)(5), which includes the requirements that the permitting authority consider the project, which means the “whole of the action.” (Cal. Code of Regs., tit. 14, § 15378.) Projects relying on permitting under more than one NWP are more likely to have significant or cumulative impacts of water quality when considering the whole of the project.

11. Not applicable to projects requiring compensatory mitigation except as otherwise provided.

Except as specifically provided in this General Order, compensatory mitigation plans are more appropriate to consider on an individual basis to ensure compliance with Subpart J of the State Supplemental Guidelines. Given the potential for significant water quality impacts from projects authorized under this General Order must meet CEQA exemption criteria, this condition is also required pursuant to California Code of Regulations, tit. 14, section 15300.2(b) that "All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant." This condition is necessary to ensure that the exception set forth in California Code of Regulations, tit. 14, section 15300.2(b) ("All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.") does not apply, and the project does not have a significant effect on the environment and is accordingly exempt from the California Environmental Quality Act.

12. Projects impacting histosols, fens, bogs, peatlands, in wetlands contiguous with fens and vernal pools are prohibited.

Water Code section 13264 prohibits any discharge that is not specifically authorized in this order. This condition is necessary to protect certain aquatic resources that are rare and difficult to replace. (California Code of Regulations, section 3861(d).) For example, vernal pools are small seasonal wetlands that are ecologically diverse and difficult to replace once Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

lost. They support endemic rare plant and animal species, including many that are designated by federal and state government as rare, threatened, or endangered. In 2005 the U.S. Fish and Wildlife Service finalized its Recovery Plan for Vernal Pool Ecosystems of California and Southern Oregon that addresses 33 plant and animal species of interest that are endemic to vernal pools, including 15 plants that are listed as threatened or endangered under the California Endangered Species Act.
3 Most of the historical vernal pool habitat in California has been destroyed (estimates are around 90% compared to pre-Spanish exploration), due to agriculture and development, so any loss of vernal pools due to dredge or fill activities would be considered a significant adverse impact, would conflict with or violate Water Quality Control Plans designated uses for RARE, and would not meet CEQA exemption criteria.

13. Lake and Streambed Alteration Agreement
Condition 13 is required pursuant to California Code of Regulations section 3856(e), which requires that copies be provided to the Water Boards of “any final and signed federal, state, and local licenses, permits, and agreements (or copies of the draft documents, if not finalized) that will be required for any construction, operation, maintenance, or other actions associated with the activity. If no final or draft document is available, a list of all remaining agency regulatory approvals being sought shall be included.”

14. The certifying agency may review and revise or
revoke (change)
a general certification pursuant to…
Condition 14 is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements because it reserves the authority set forth in California Code of Regulations, title 23, section 3861(e). This condition reserves the state’s authority to take into account changing water quality requirements or environmental conditions that would result in any of the projects authorized under the general certification, individually or cumulatively, resulting in any of the impacts identified in section 3861(d).

15. The State Water Board or Regional Water Quality Control Boards shall determine whether the activity is eligible for enrollment… Condition 15 is necessary to assure that any discharge authorized under the general license or permit will comply with water quality standards, and will not result in significant adverse impacts on water quality, violate water quality objectives adopted or approved under sections 13170 or 13245 of the Water Code, or expose people or structures to potential substantial adverse effects. (California Code of Regulations, section 3861(d).) 3 California Department of Fish and Wildlife, Vernal Pools at <https://wildlife.ca.gov/Conservation/Plants/Vernal-Pools> [as of Nov. 30, 2020].

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B. Construction Conditions

1. All materials and supplies necessary…
On-site availability of materials and supplies assures best management practices can be reasonably implemented and that the discharge complies with water quality objectives. This condition and other conditions related to best management practices are consistent with the Water Board’s authority to establish, “[w]ater quality conditions that could reasonably be achieved through the coordinated control of all factors which affect water quality in the area” pursuant to Water Code section 13241(c). The activities authorized under this General Order have the potential to result in a discharge that exceed water quality objectives and work in waters of the state must not cause an exceedance of water quality objectives. As required by Water Code section 13369, all Water Quality Control Plans incentivize the use of best management practices to prevent prohibited discharges into waters of the state.

2. Construction material, debris, rubbish….

Water Code section 13264 prohibits any discharge that is not specifically authorized in this General Order. This condition is necessary to prevent violation of state discharge prohibitions that protect water quality objectives. Water Quality Control Plans prohibit the discharge of construction materials and byproducts from being discharged into waters of the state. For example, "The discharge of soil, silt, bark, slash, sawdust, or other organic and earthen material from any logging, construction, or associated activity of whatever nature into any stream or watercourse in the basin in quantities deleterious to fish, wildlife, or other beneficial uses is prohibited" (Water Quality Control Plan for the North Coast Region, section 4.2.1).

This condition prohibiting discharge of materials detrimental to water quality or hazardous to aquatic life is also consistent with the Dredge or Fill Procedures, Appendix A, Subpart H, which requires actions to minimize and avoid adverse effects, including actions concerning the location, the material. and controlling the material after the discharge (§ 230.70 et seq.).

3. Environmentally sensitive areas and environmentally restricted… This condition is necessary to assure that the project discharge will comply with state discharge prohibitions that protect beneficial uses and water quality objectives. A description and delineation of impact sites is necessary to assure that the discharge from the proposed project will comply with water quality objectives established for surface waters (California Code of Regulations, title 23, section 3856(h); Dredge or Fill Procedures section IV.A.1(c); Water Quality Control Plan for the San Francisco Bay Region, section 4.23.2).

In addition, Water Quality Control Plans prohibit the discharge of construction materials and byproducts from being discharged into waters of the state, including areas that may be environmentally sensitive
, such as vernal pools or eel grass beds. For example, "The discharge of soil, silt, bark, slash, sawdust, or other organic and earthen material from any logging, construction, or associated activity of whatever nature into any stream or watercourse Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

in the basin in quantities deleterious to fish, wildlife, or other beneficial uses is prohibited" (Water Quality Control Plan for the North Coast Region, section 4.2.1). Identification and visible demarcation of areas of avoidance must be obvious to all on-site personnel, to ensure that impacts only occur within the permitted boundaries of project disturbance and to prevent unauthorized discharges to other waters of the state, including environmentally sensitive areas. Furthermore, waters that are not quantified and mapped as either a temporary or permanent impact site in a water quality certification must be fully avoided throughout the duration of the construction activity. This condition is necessary to ensure protection of aquatic resources where no discharge is authorized to occur. Furthermore, excavated material that is improperly exposed can produce or contribute to runoff that results in an unintentional discharge to waters of the state, which is prohibited (Water Quality Control Plan for the North Coast Region, section 4.2.1).

4. The number of access routes, number and size of staging areas…

5. Bridges, culverts, dip crossings, or other structures…

6. Temporary materials places in any water of the state…

7. A method of containment must be used below any temporary bridge, trestle…
Conditions 4, 5, 6, and 7 limit activities such as construction or maintenance of access roads, staging areas, water crossings, and temporary structures to assure that the activities are minimally impacting and comply with water quality objectives. These types of activities commonly
require grading, construction, excavation, and vegetation removal, and may result in erosion and increased sediment loads, turbidity, etc., that adversely affect water quality.

These conditions are required to assure that the discharges from such activities do not exceed water quality objectives established in Water Quality Control Plans, including water quality objectives for oil and grease, pH, sediment, settleable materials, temperature, and turbidity.

For example, the sediment water quality objective requires that, “the suspended sediment load and suspended sediment discharge rate to surface waters shall not be altered in such a manner as to cause nuisance or adversely affect beneficial uses” (Water Quality Control Plan for the North Coast Region, section 3.3.11). Additionally, improperly designed and/or installed roads and bridges may also create physical barriers to fish passage and impair the beneficial use of fish spawning (Water Qua
lity Control Plan for the San Francisco Basin, section 7.8.4.1).

8. Unless authorized for restoration, material excavated to prepare a site…
Condition 8 is required pursuant to the Water Quality Control Plans, and the water quality objectives therein prohibiting excavated material erosion or disposal into waters of the state.

For example, the North Coast Water Quality Control Plan prohibits waters from containing settleable material in concentrations that result in the deposition of material that causes Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

nuisance or adversely affects beneficial uses (Section 3.3.12), and prohibits waters from containing suspended material in concentrations that cause nuisance or adversely affect beneficial uses (Section 3.3.13).

9. Topsoil
This condition is consistent with the requirements set forth in Nationwide Permits 12, C, and D which require that the top 6 to 12 inches of a dig to be backfilled with native topsoil in order to ensure that temporary impacts can be considered as such. The top 6 to 12 inches of topsoil tend to be richer in organic matter than other soil horizons below this depth. Therefore, it is essential to stockpile the topsoil layer separately from the rest of the soil in order to ensure survivorship of riparian vegetation populations upon completion of the project.

Backfilling of native topsoil is necessary to assure that the discharge from the proposed project will comply with water quality objectives established for surface waters. “Operations and activities should be planned and conducted in a manner that will not disturb extensive areas of soil or that will disrupt local drainage. Areas where soil is disturbed should be promptly reseeded or stabilized to prevent erosion.” (Water Quality Control Plan for the Tulare Lake Basin, section 4.1.7.) Backfilling of native topsoil also assures that the pre-project hydrologic regime is not altered or adversely impacted by introduction of new backfill materials. “The stream flow regimen should be stabilized and maintained, and soil control measures should be applied in a timely manner.” (Water Quality Control Plan for the Tulare Lake Basin, section

4.1.7.) “Limit disturbance of natural drainage features and vegetation.” (Water Quality Control Plan for the North Coast, Appendix D, page 4-104, Urban and Suburban Runoff Management Measures.)

10. Any structure, including but not limited to culverts, pipes, piers, and coffer dams, placed within a stream…
Conditions related to placement of structures within waters are required to assure that they do not create physical barriers to fish passage and spawning activities. “Any barrier to migration or free movement of migratory fish is harmful. Natural tidal movement in estuaries and unimpeded river flows are necessary to sustain migratory fish and their offspring. A water quality barrier, whether thermal, physical, or chemical, can destroy the integrity of the migration route and lead to the rapid decline of dependent fisheries” (Water Quality Control Plan for the San Francisco Region, section 2.1.10). Furthermore, barriers to migration or free movement may result in an impairment of state water quality objectives, including but not limited to Rare, Threatened, or Endangered Species (RARE), Spawning, Reproduction, and/or Early Development (SPWN), Cold Fresh Water Habitat (COLD), or Warm Fresh Water Habitat (WARM), which occur in all regions of the state.

The Water Quality Control Plan for the North Coast Region sets a numeric target of “zero human-caused barriers” for migration barriers on Class I watercourses (Section 4.2.8).

Barriers would also impair beneficial uses designated in the Water Quality Control Plans including “migration of aquatic organisms,” “spawning, reproduction, and/or early Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

development,” “fish migration,” and “fish spawning” (Water Quality Control Plan for the North Coast Region, section 2.2; Water Quality Control Plan for the San Francisco Region, sections

2.1.10 and 2.1.18).
“Hydromodification is a general term that encompasses effects of projects on the natural hydrologic, geochemical and physical functions of streams and wetlands that maintain or enhance water quality.” (Water Quality Control Plan for the San Francisco Region, section

4.26.7.) Conditions related to placement of structures within waters of the state are required to assure that they do not result in adverse impacts related to hydromodification. Failure to comply with these conditions may trigger bank failure, channel incision, or headcutting along the channel thalweg, creating excess sediment and barriers to fish passage. These impacts can impair beneficial uses including fish migration, fish spawning, wildlife habitat, cold freshwater habitat, preservation of rare and endangered species, and warm freshwater habitat (Water Quality Control Plan for the San Francisco Region, section 2.1). “The discharge of sand, silt, clay, or other earthen materials from any activity, including land grading and construction, in quantities which cause deleterious bottom deposits, turbidity or discoloration in waters of the state or which unreasonably affect, or threaten to affect, beneficial uses of such waters is prohibited" (Water Quality Control Plan for the San Diego Region, section 4.18).

11. Dust Abatement
This dust abatement condition is required to assure that the discharge from the proposed project will comply with water quality objectives established for surface waters. Chemicals used in dust abatement activities can result in a discharge of chemical additives and treated waters to surface waters of the state. Therefore, dust abatement activities shall be conducted so that sediment or dust abatement chemicals are not discharged into waters of the state. The Water Quality Control Plan for the San Francisco Region, section 3.3.8, requires that all waters should be free of toxic substances in concentrations that are lethal to or that produce significant alterations in population or community ecology or receiving water biota. In addition, the health and life history characteristics of aquatic organisms in waters affected by controllable water quality factors should not differ significantly from areas unaffected by controllable water quality factors, such as toxicity. This condition will ensure that the discharge will not adversely affect beneficial uses of the receiving water or cause a condition of nuisance. (Water Quality Control Plan for the North Coast Region, section 4.1.8; Water Code section 13267; Dredge or Fill Procedures section IV. A.2(c)).

12. Use of Mechanized Equipment
This condition is necessary to prevent violation of state discharge prohibitions that protect water quality objectives. By altering an aquatic resource’s surface topography and reducing hydrologic connectivity and capacity, the use of mechanized equipment can cause a direct loss of aquatic resource area and degrade beneficial uses of waters of the state, including designations that protect listed species habitat. These impacts would result in violations of water quality objectives that have been set in Water Quality Control Plans. For example, the Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

Water Quality Control Plan for the Santa Ana Regional Board, section 4.6, requires that, “Inland surface water communities and populations, including vertebrate, invertebrate, and plant species, shall not be degraded as a result of the discharge of waste.” Additionally, fuels and lubricants associated with the use of mechanized equipment have the potential to result in toxic discharges to waters of the state. The North Coast Regional Water Board’s toxicity water quality objective prohibits waters from containing toxic substances in concentrations that are toxic to, or that, “produce detrimental physiological responses in human, plant, animal, or aquatic life” (Water Quality Control Plan for the North Coast Region, section 3.3.16).

13. Piers or Piles

14. Culvert Replacement and Maintenance
Conditions related to structures within waters (such as conditions 13 and 14), including placement of instream piers or piles, and culvert replacement and maintenance activities, are required to assure that they do not create physical barriers to fish passage and spawning activities. “Any barrier to migration or free movement of migratory fish is harmful. Natural tidal movement in estuaries and unimpeded river flows are necessary to sustain migratory fish and their offspring. A water quality barrier, whether thermal, physical, or chemical, can destroy the integrity of the migration route and lead to the rapid decline of dependent fisheries” (Water Quality Control Plan for the San Francisco Region, section 2.1.10).

The Water Quality Control Plan for the North Coast Region sets a numeric target of “zero human-caused barriers” for migration barriers on Class I watercourses (Section 4.2.8).

Barriers would also impair beneficial uses designated in the Water Quality Control Plans including “migration of aquatic organisms,” “spawning, reproduction, and/or early development,” “fish migration,” and “fish spawning” (Water Quality Control Plan for the North Coast Region, section 2.2; Water Quality Control Plan for the San Francisco Region, sections

2.1.10 and 2.1.18).
“Hydromodification is a general term that encompasses effects of projects on the natural hydrologic, geochemical and physical functions of streams and wetlands that maintain or enhance water quality.” (Water Quality Control Plan for the San Francisco Region, section

4.26.7.) Conditions related to culverts and other instream structures are required to assure that they do not result in adverse impacts related to hydromodification. Failure to comply with these conditions may trigger bank failure, channel incision, or headcutting along the channel thalweg, creating excess sediment and barriers to fish passage.

These impacts can impair
beneficial uses including fish migration, fish spawning, wildlife habitat, cold freshwater habitat, preservation of rare and endangered species, and warm freshwater habitat (Water Quality Control Plan for the San Francisco Region, sections 2.1). “The discharge of sand, silt, clay, or other earthen materials from any activity, including land grading and construction, in quantities which cause deleterious bottom deposits, turbidity or discoloration in waters of the state or which unreasonably affect, or threaten to affect, beneficial uses of such waters is prohibited" (Water Quality Control Plan for the San Diego Region, section 4.18).

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15. Toxic and Hazardous Materials
These conditions are required pursuant to the Water Quality Control Plans, and the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (SIP)4, which prohibit the discharge of substances in concentrations toxic to human, plant, animal, or aquatic life. For example, the North Coast Water Quality Control Plan prohibits waters from containing toxic substances in concentrations that are toxic to, or that produce detrimental physiological responses in human, plant, animal, or aquatic life. The concentrations of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (Water Quality Control Plan for the North Coast Region, section 3.3.16).

All waters should be free of toxic substances in concentrations that are lethal to or that produce significant alterations in population or community ecology or receiving water biota. In addition, the health and life history characteristics of aquatic organisms in waters affected by controllable water quality factors should not differ significantly from areas unaffected by controllable water quality factors, such as toxicity (Water Quality Control Plan for the San Francisco Bay Region, section 3.3.8).

Toxic compounds impair the beneficial uses of cold fresh water habitat, estuarine habitat, marine habitat, preservation of rare and endangered species, fish migration, fish spawning, warm fresh water habitat, and wildlife habitat (Water Quality Control Plan for the San Francisco Bay Region, sections

2.1.3; 2.1.5; 2.1.9; 2.1.14; 2.1.10; 2.1.18; 2.1.19; & 2.1.20).

Conditions related to concrete/cement are required pursuant to the Water Quality Control Plans, which prohibit discharges to waters that adversely raise or lower pH levels. For example, the North Coast Water Quality Control Plan prohibits discharges from lowering pH levels below 6.5 or raising them above 8.5, or raising/lowering the pH to a level that causes a nuisance or impairs beneficial uses. Concrete/cement is an alkaline component that has the potential to raise the pH of water resources to levels that would negatively affect beneficial uses (Water Quality Control Plan for the North Coast Region, section 3.3.16).

Conditions related to toxic and hazardous materials are necessary to assure that discharges comply with any water quality objectives adopted or approved under sections 13170 or 13245 of the Water Code.

Many waters in California are high in mercury either naturally or due to historic mining activities. This mercury, when discharged to waters of the state can become bioavailable and impair beneficial uses including Subsistence Fishing (SUB) and Tribal Subsistence Fishing (T-SUB). Effective sediment control is required under the Tribal and Subsistence Fishing Beneficial Uses and Mercury Provisions (Cal. Code of Reg., section 3010). 4 The SIP implements criteria for priority toxic pollutants contained in the California Toxics Rule promulgated by the U.S. Environmental Protection Agency (U.S. EPA).

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16. Invasive Species and Soil Borne Pathogens
Soil borne pathogens cause disease and death to native plants, agricultural crops, and ornamental plants. Non-native invasive plant species can alter ecosystem processes such as nutrient cycling, hydrological cycles, and frequencies of wildfires, erosion, and sediment deposition. They interfere in ecosystem functions by outcompeting and displacing native plants and animals, by providing refuge for non-native animals, and by hybridizing with native species.5
Conditions related to invasive species and soil borne pathogens are required pursuant to the California Code of Regulations, section 3861 (d) (2) that prohibits discharges that violate any water quality objectives adopted or approved under Section 13170 or 13245 of the Water Code, including the Water Quality Control Plans in California. Invasive species and soil borne pathogens adversely affect beneficial uses designated in the Water Quality Control Plans, such as RARE, WILD, and BIOL. RARE (rare, threatened, or endangered species) is a designated beneficial use for “waters that support habitat necessary, at least in part, for the survival and successful maintenance of plant or animal species established under state or federal law as rare, threatened, or endangered” (Water Quality Control Plan for the Central Coast Region, section 2.2.20; Water Quality Control Plan for the San Francisco Region, section 2.1.14). WILD (wildlife habitat) is a designated beneficial use of water that supports “terrestrial ec
osystems including, but not limit to, preservation and enhancement of terrestrial habitats, vegetation, wildlife (e.g., mammals, birds, reptiles, amphibians, invertebrates), or wildlife water and food supplies.” (Water Quality Control Plan for the Central Coast Region, section 2.2.18). BIOL (preservation of biological habitats of special significance) is a designated beneficial use of water that supports “designated areas or habitats, such as established refuges, parks, sanctuaries, ecological reserves, or Areas of Special Biological Significance (ASBS), where the preservation or enhancement of natural resources requires special protection” (Water Quality Control Plan for the Central Coast Region, section 2.2.19).

Invasive species and soil borne pathogen control practices prevent their uncontrolled spread to waters of the state and are necessary to assure that the discharge from the proposed project will comply with water quality objectives established for surface waters. The spread of soil borne pathogens devastates host species populations in riparian ecosystems, such as Phytophthora lateralis, the cause of Port Orford cedar root disease, and threatens the stability of native and commercial cedar populations worldwide. Invasive weeds degrade physical and chemical water quality characteristics, and overgrown vegetation reduces special species habitat and reduces aquatic resource capacity.

Furthermore, in State Water Board Resolution No. 2017-0012, the State Water Board resolved that the state shall update plans, permits, and policies to improve “ecosystem resilience to the impacts of climate change, including but not limited to actions that protect headwaters, 5 Bossard et al. (2000) Invasive Plants of California’s Wildlands. University of California Press.

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facilitate restoration, enhance carbon sequestration, build and enhance healthy soils, and reduce vulnerability to and impacts from fires.”
Lastly, species diversity and growth anomalies, which are adversely affected by invasive species and soil borne pathogens, are measures of water quality health as it relates to water quality objectives for toxic substances. “All waters shall be maintained free of toxic substances in concentrations that produce detrimental physiological responses in human, plant, animal, or aquatic life. This objective applies regardless of whether the toxicity is caused by a single substance or the interactive effect of multiple substances. Compliance with this objective will be determined by analyses of indicator organisms, species diversity, population density, growth anomalies, and biotoxicity tests of appropriate duration or other methods as specified by the Regional Water Board” (Central Valley Regional Board Basin Plan, section 3.1.20).

17. In-Water Work
Conditions related to work in delineated waters are required pursuant to the California Code of Regulations, section 3861 (d) (2) which prohibits discharges that violate any water quality objectives adopted or approved under sections 13170 or 13245 of the Water Code. Work in waters must not cause exceedances of water quality objectives; accordingly, these conditions require implementation of best practicable treatments and controls to prevent pollution and nuisance, and to maintain water quality. Consistent with the Dredge or Fill Procedures, section IV.A.2.c, water quality monitoring plans are required for any in-water work. These conditions are required to assure that 1) the discharge shall not adversely affect the beneficial uses of the receiving water or cause a condition of nuisance; 2) the discharge shall comply with all applicable water quality objectives; and 3) treatment and control of the discharge shall be implemented to assure that pollution and nuisance will not occur and the highest water quality is maintained (Water Quality Control Plan for the North Coast Region, section 4.1.8; Water Code section 13267).

Conditions related to
dewatering and diversions or impoundments of water are required pursuant to the California Code of Regulations, section 3861(d)(2) which prohibits discharges that violate any water quality objectives adopted or approved under sections 13170 or 13245 of the Water Code. Work in waters and temporary diversions must not cause exceedances of water quality objectives; accordingly, these conditions require implementation of best practicable treatments and controls to prevent pollution and nuisance, and to maintain water quality.

These conditions are also required pursuant to the state’s Anti-Degradation Policy (State Board Resolution No. 68-16), which requires that for any “activity which produces or may produce a waste or increased volume or concentration of waste and which discharges or proposes to discharge to existing high quality waters will be required to meet waste discharge requirements which will result in the best practicable treatment or control of the discharge necessary to assure that (a) a pollution or nuisance will not occur and (b) the highest water Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

quality consistent with maximum benefit to the people of the state will be maintained.” All of the Water Quality Control Plans incorporate the state’s Anti-Degradation Policy by reference.

If surface waters or ponded waters are not appropriately diverted from areas undergoing grading, construction, excavation, and/or vegetation removal, the waters will be susceptible to erosion and increased sediment loads, contamination and pollution from construction equipment, temperature fluctuations, etc. Diverting waters away from these areas will ensure that the discharge will not exceed water quality objectives, adversely affect beneficial uses of the receiving waters, or cause a condition of nuisance. Dewatered areas must also be stabilized prior to a rainfall event to assure that the discharge from the proposed project will comply with water quality objectives established for surface waters. For example, the Water Quality Control Plan for the Central Coast Region, section 3.3.2, prohibits alteration of the suspended sediment load and suspended sediment discharge rate of surface waters in such as manner as to cause nuisance or adversely affect beneficial uses. Similarly, the Water Quality Control Plan for the San Francisco Bay Region, section 4.19, requires stabilization prior to a rainfall event as necessary to prevent sediment contributions to water bodies.

Consistent with the Dredge or Fill Procedures, section IV.A.2.c, water quality monitoring plans are required for any in-water work, including temporary dewatering or diversions. These conditions are required to assure that 1) the discharge shall not adversely affect the beneficial uses of the receiving water or cause a condition of nuisance; 2) the discharge shall comply with all applicable water quality objectives; and 3) treatment and control of the discharge shall be implemented to assure that pollution and nuisance will not occur and the highest water quality is maintained (Water Quality Control Plan for the North Coast Region, section 4.1.8; Water Code section 13267).

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

18. Stormwater
a. Erosion and Sediment Control
Discharges that are not covered under the State Water Board’s Stormwater Construction General Permit are required to comply with the conditions in this section (VI.B.18.a through VI.B.18.b) pursuant to the California Code of Regulations, section 3861(d)(2), which prohibits discharges that violate any water quality objectives adopted or approved under sections 13170 or 13245 of the Water Code. Conditions related to erosion and sediment control design requirements are required to sustain fluvial geomorphic equilibrium. Improperly designed and installed BMPs result in excess sediment, which
impairs surface waters, adversely affect
beneficial uses, and results in exceedance of water quality objectives in the Water Quality Control Plans in California. Water Quality Control Plans impose design requirements to ensure excess stormwater sediment does not exceed water quality objectives in the plans. For Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

example, “[t]he discharge of sand, silt, clay, or other earthen materials from any activity, including land grading and construction, in quantities which cause deleterious bottom deposits, turbidity or discoloration in waters of the state or which unreasonably affect, or threaten to affect, beneficial uses of such waters is prohibited" (Water Quality Control Plan for the San Diego Region, section 4.18). “Waters shall be free of changes in turbidity that cause nuisance or adversely affect beneficial uses. Increases from normal background light penetration tor turbidity relatable to waste discharge shall not be greater than 10 percent in areas where natural turbidity is greater than 50 NTU. (Water Quality Control Plan for the San Francisco Region, section 3.3.19.)
Conditions on projects that result in a hydromodification to a water of the state are necessary to assure that the discharge from the proposed project will comply with water quality objectives established for surface waters. “Hydromodification is a general term that encompasses effects of projects on the natural hydrologic, geochemical, and physical functions of streams and wetlands that maintain or enhance water quality.” “Protecting beneficial uses within the Region consistent with the federal Clean water Act and Porter-Cologne Act requires careful consideration of projects that result in hydrogeomorphic changes and related adverse impacts to the water quality and beneficial sues of waters of the state.” (Water Quality Control Plan for the San Francisco Region, section 4.26.7.) Improper project design and installation of any project that results in a hydromodification to a waters of the state may trigger bank failure and channel incision which results in excess sediment impacts to downstream beneficial uses.

Many waters in California are high in mercury either naturally or due to historic mining activities. This mercury, when discharged to waters of the state can become bioavailable and impair beneficial uses including Subsistence Fishing (SUB) and Tribal Subsistence Fishing (T-SUB). Effective sediment control is required under the Tribal and Subsistence Fishing Beneficial Uses and Mercury Provisions (Cal. Code of Reg., section 3010.) b. Stormwater Management
In addition, disturbed areas in delineated waters must be stabilized prior to a rainfall event to assure that the discharge from the proposed project will comply with water quality objectives established for surface waters. For example, the Water Quality Control Plan for the Central Coast Region, section 3.3.2, prohibits the suspended sediment load and suspended sediment discharge rate of surface waters not to be altered in such as manner as to cause nuisance or adversely affect beneficial uses. Similarly, the Water Quality Control Plan for the San Francisco Bay Region, section 4.19, requires stabilization prior to a rainfall event as necessary to prevent sediment contributions to water bodies.

Conditions related to stormwater management are required to comply with the Water Quality Control Plans and to assure that the discharge complies with water quality objectives adopted or approved under Sections 13170 or 13245 of the Water Code. Post-rain erosion and sedimentation problems can contribute to significant degradation of the waters of the state; therefore, it is necessary to take corrective action to eliminate such discharges in order to Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

avoid or minimize such degradation. Implementation of control measures and best management practices (BMPs) described in the condition will assure compliance with water quality objectives including sediment, turbidity, temperature, suspended material, and settleable material. For example, “[w]aters shall be free of changes in turbidity that cause nuisance or adversely affect beneficial uses. Increases from normal background light penetration tor turbidity relatable to waste discharge shall not be greater than 10 percent in areas where natural turbidity is greater than 50 NTU” (Water Quality Control Plan for the San Francisco Region, section 3.3.19). The Water Quality Control Plan for the Central Coast Region, section 3.3.2, prohibits alternation of the suspended sediment load and suspended sediment discharge rate of surface waters in such as manner as to cause nuisance or adversely affect beneficial uses. The Water Quality Control Plan for the San Francisco Bay Region, section 4.19, requires stabilization prior to a rainfall event as necessary to prevent sediment contributions to water bodies.

C. Mitigation for Temporary Impacts
Conditions in this section related to restoration and/or mitigation of temporary impacts are required pursuant to California Code of Regulations, section 3861(d), which requires the inclusion of conditions to avoid and mitigate all project impacts, and to assure that the discharge complies with water quality objectives adopted or approved under Sections 13170 or 13245 of the Water Code. These conditions are also consistent with the Dredge or Fill Procedures, which requires "in all cases where temporary impacts are proposed, a draft restoration plan that outlines design, implementation, assessment, and maintenance for restoring areas of temporary impacts to pre-project conditions." (Dredge or Fill Procedures section IV. A.2(d) & B.4.) Mitigation is also required to ensure compliance with Executive Order W-59-93 that requires no net loss of the structure or function of California’s wetland resources.

D. Notifications and Reports

1. Accidental Discharges of Hazardous Materials

2. Violation of Compliance with Water Quality Standards Conditions 1 and 2, related to the accidental discharge of hazardous materials are necessary to assure that discharges comply with any water quality objectives adopted or approved under sections 13170 or 13245 of the Water Code. Conditions related to notification and reporting requirements in the event of an accidental discharge of hazardous materials are required pursuant to section 13271 of the Water Code, which requires immediate notification of the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the state toxic disaster contingency plan adopted pursuant to Article 3.7 (commencing with Section 8574.16) of Chapter 7 of Division 1 of Title 2 of the Government Code.

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Conditions related to monitoring and reporting are required pursuant to California Code of Regulations, section 3861(c)(3), which requires the inclusion of “appropriate monitoring and agency-reporting requirements for all activities subject to federal licenses and permits issued in reliance on such certification.” These monitoring and reporting requirements are also consistent with the Water Boards’ authority to investigate the quality of any waters of the state within its region under 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 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.

3. In
-Water Work
Conditions related to monitoring and reporting are required pursuant to California Code of Regulations, section 3861(c)(3), which requires the inclusion of “appropriate monitoring and agency-reporting requirements for all activities subject to federal licenses and permits issued in reliance on such certification.” These monitoring and reporting requirements are also consistent with the Water Boards’ authority to investigate the quality of any waters of the state within its region under 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 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.

4. Modifications to Project
Authorization under this General Order is granted based on the application information submitted. This condition is necessary to ensure that if there are modifications to the project, that the project remains eligible for coverage under this General Order. Water Code section 13264 prohibits any discharge that is not specifically authorized in this General Order.

5. Water Quality Monitoring
Conditions in this section related to monitoring and reporting are required pursuant to California Code of Regulations, section 3861(c)(3), which requires the inclusion of “appropriate monitoring and agency-reporting requirements for all activities subject to federal licenses and permits issued in reliance on such certification.” These monitoring and reporting requirements are also consistent with the Water Boards’ authority to investigate the quality of any waters of the state within its region under 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 order are sufficient to Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

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.

Conditions related to the accidental discharge of hazardous materials are necessary to assure that discharges comply with any water quality objectives adopted or approved under sections 13170 or 13245 of the Water Code. Conditions related to notification and reporting requirements in the event of an accidental discharge of hazardous materials are required pursuant to section 13271 of the Water Code, which requires immediate notification of the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the state toxic disaster contingency plan adopted pursuant to Article 3.7 (commencing with Section 8574.16) of Chapter 7 of Division 1 of Title 2 of the Government Code.

These conditions
are also necessary to assure that 1) the discharge shall not adversely affect the beneficial uses of the receiving water or cause a condition of nuisance; 2) the discharge shall comply with all applicable water quality objectives; and 3) treatment and control of the discharge shall be implemented to assure that pollution and nuisance will not occur and the highest water quality is maintained. (Water Quality Control Plan for the North Coast Region, section 4.1.8; Water Code section 13267; Dredge or Fill Procedures section IV. A.2(c).) For example, what needs to be monitored will depend on the project. (E.g., Water Quality Control Plan for the San Francisco Bay region, section 3.3.12 (sediment).) E. Application for Coverage and Termination

1. Request for Authorization
These conditions
requiring dischargers to identify impacts in a notification are required pursuant to the California Code of Regulations, section 3856(h)(4), which requires dischargers identify “for each water body reported…the total estimated quantity of waters of the United States that may be adversely impacted…” This condition is also consistent with the Dredge or Fill Procedures, section IV.A.1.c and f, which requires applicants to provide a “description of the waters proposed to be impacted by the dredge or fill activity.” (Cal. Code of Reg., section 3013.) (Also see Water Quality Control Plan for the San Francisco Bay Region, section

4.23.2.)
These conditions
requiring a description of avoidance and minimization measures are also required pursuant to the California Code of Regulations, section 3856(h)(6), which requires dischargers to provide a “description of any other steps that have been or will be taken to avoid, minimize, or compensate for loss of or significant adverse impacts to beneficial uses of waters of the state.” These conditions are also consistent with the Dredge or Fill Procedures, section IV.B.1.a, which requires applicants to demonstrate that a “sequence of actions has been taken to first avoid, then to minimize, and lastly compensate for adverse impacts that Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

cannot be practicably avoided or minimized to waters of the state.” (Cal. Code of Reg., section 3013.)

2. Signatory Requirements
Condition 2 for signatory requirements is required pursuant to Water Code section 13267, which requires any person discharging waste that could affects the quality of waters to provide to the Water Boards, under penalty of perjury, any technical or monitoring program reports as required by the Water Boards. The signatory requirements are consistent with 40 C.F.R. section 122.22.

3. Project Status Notifications

4. Project Reporting
Conditions related to notifications, monitoring, and reporting are required pursuant to California Code of Regulations, section 3861(c)(3), which requires the inclusion of “appropriate monitoring and agency-reporting requirements for all activities subject to federal licenses and permits issued in reliance on such certification.” These monitoring and reporting requirements are also consistent with the Water Boards’ authority to investigate the quality of any waters of the state within its region under 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 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.

5. Transfer of Property Ownership
Authorization under this General Order is granted based on the application information submitted, including the legally responsible party. Notification is necessary to confirm whether the new owner wishes to assume legal responsibility for compliance with this General Order. If not, the original discharger remains responsible for compliance with this Order. Water Code section 13264 prohibits any discharge that is not specifically authorized in this General Order.

6. Transfer of Long-Term Best Management Practices Maintenance Authorization under this General Order is granted based on the application information submitted, including the legally responsible party. Notification is necessary to confirm whether liability for long-term best management practices maintenance is accepted by another entity. If not, the original discharger remains responsible for compliance with this Order. Water Code section 13264 prohibits any discharge that is not specifically authorized in this General Order.

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F. Nationwide Specific Impact Size Limits

1. NWP 3(a) – Maintenance; NWP 14 – Linear Transportation Projects
Because of the number, geographic scale, and variety of potential environmental impacts that are possible under NWPs 3(a) and 14, temporary and permanent impacts to waters of the state are subject to the project impact size limits and restrictions as described in the General Order, Section VI.F. Project impacts greater than the General Order allows for these NWPs would be more appropriately regulated under an individual certification because they would require additional information and analysis to ensure that they are minimally impacting. The State Water Board would need additional project-specific information, including but not limited to, the location of activities, the receiving water bodies affected, the BMPs proposed, avoidance and minimization measures taken, proposed compensatory mitigation, and a restoration plan for temporary impacts before taking a certification action. For example, projects best management practices may depend on their proximity to waters of the state and whether they are in a floodplain.

These conditions related to project impact size limits are also required pursuant to the California Code of Regulations, section 3861(d), which requires that for a general certification, the category of activities to be certified individually or cumulatively will not have any of the following impacts, taking into account the probable effectiveness of any conditions or certification in avoiding or mitigating such impacts:
a. Significant adverse impacts on water quality that could feasibly be avoided if individual certification, for the proposed activities seeking individual federal licenses or permits, was issued.
b. Violation of any water quality objectives adopted or approved under Sections 13170 or 13245 of the Water Code.
c. The taking of any candidate, threatened, or endangered species or the violation of the federal Endangered Species Act (16 USC Section 1531 et seq.) or the California Endangered Species Act (Fish and Game Code Section 2050 et seq.). d. Exposure of people or structures to potential substantial adverse effects – including the risk of loss, injury, or death – from flooding, landslides, or soil erosion.

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G. Nationwide Specific Compliance

1. NWP 3(a) – Maintenance
a. NWP 3(a) Prohibitions
i. Lahontan Water Board
This condition is required pursuant to the Water Quality Control Plan for the Lahontan Region, sections 4.1 and 5.2, which prohibit discharges of waste or deleterious material to surface waters in certain Hydrologic Units. Section 13243 of the Water Code gives Regional Boards, in Basin Plans (i.e., Water Quality Control Plans) or waste discharge requirements, authority to “specify certain conditions or areas where the discharge of waste, or certain types of waste, will not be permitted.”
ii. Riparian Vegetation
iii. Riparian Tree Removal
Conditions G.1.a.ii and G.1.a.iii above are required to assure that riparian vegetation removal does not significantly affect water quality and its designated uses, and to assure that the activity complies with state water quality objectives or federal water quality standards.

Riparian vegetation removal frequently results in increased erosion potential, temperature fluctuations, creating space for invasive species, etc. All Water Quality Control Plans require protection of beneficial uses. For example, in the Water Quality Control Plan for the San Francisco Bay Basin, section 2.1.3, riparian vegetation is an essential component of sustaining cold freshwater habitat (beneficial use of COLD). In addition to providing shade to moderate stream temperature, riparian vegetation provides allochthonous inputs of nutrients to the stream channel in the form of both vegetation and invertebrates. iv. Roads
v. Armoring Facilities
vi. Gabions
vii. Riprap Installation
viii. Grouted Riprap
Conditions G.1.a.iv through G.1.a.viii above are required to assure that discharges will comply with state water quality requirements. Specifically, activities associated with road maintenance have the potential to exceed water quality objectives established in all the Water Quality Control Plans, including objectives for oil and grease, pH, sediment, settleable materials, temperature, and turbidity. For example, the sediment water quality objective requires that, “the suspended sediment load and suspended sediment discharge rate to surface waters shall not be altered in such a manner as to cause nuisance or adversely affect beneficial uses” (Water Quality Control Plan for the North Coast Region, section 3.3.11).

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Conditions related to roads and bridges, and other facilities such as riprap, gabions, and armoring facilities that are within or cross waters of the state, are required to assure that they do not create physical barriers to fish passage and spawning activities. “Any barrier to migration or free movement of migratory fish is harmful. Natural tidal movement in estuaries and unimpeded river flows are necessary to sustain migratory fish and their offspring. A water quality barrier, whether thermal, physical, or chemical, can destroy the integrity of the migration route and lead to the rapid decline of dependent fisheries” (Water Quality Control Plan for the San Francisco Region, section 2.1.10).

The Water Quality Control Plan for the North Coast Region sets a numeric target of “zero human-caused barriers” for migration barriers on Class I watercourses. (Section 4.2.8).

Barriers would also impair beneficial uses designated in the Water Quality Control Plans including “migration of aquatic organisms,” “spawning, reproduction, and/or early development,” “fish migration,” and “fish spawning” (Water Quality Control Plan for the North Coast Region, section 2.2; Water Quality Control Plan for the San Francisco Region, sections

2.1.10 and 2.1.18).
“Hydromodification is a general term that encompasses effects of projects on the natural hydrologic, geochemical and physical functions of streams and wetlands that maintain or enhance water quality.” (Water Quality Control Plan for the San Francisco Region, section

4.26.7.) Conditions related to roads and bridges, and other facilities such as riprap, gabions, and armoring facilities that are within or cross waters of the state, are required to assure that they do not result in adverse impacts related to hydromodification. Failure to comply with these conditions may trigger bank failure, channel incision, or headcutting along the channel thalweg, creating excess sediment and barriers to fish passage. These impacts can impair beneficial uses including fish migration, fish spawning, wildlife habitat, cold freshwater habitat, preservation of rare and endangered species, and warm freshwater habitat (Water Quality Control Plan for the San Francisco Region, section 2.1). “The discharge of sand, silt, clay, or other earthen materials from any activity, including land grading and construction, in quantities which cause deleterious bottom deposits, turbidity or discoloration in waters of the state or which unreasonably affect, or threaten to affect, beneficial uses of such waters is prohibited" (Water Quality Control Plan for the San Diego Region, section 4.18). ix. Construction, replacement, or expansion of facilities in any ocean, bay, tidal waters, or shores thereof are
prohibited
This condition prohibiting impacts to oceans, bays, tidal waters, and shores thereof, is required pursuant to the California Code of Regulations, section 3861(d)(1), which requires that activities authorized under this General Order not result in significant adverse impacts on water quality that could feasibly be avoided if individual certification was issued. This condition applies only to this General Order's authorization of projects under NWPs 3(a) and 14. This prohibition does not apply to NWPs 1, 4, 5, 6, 9, 10, 11, 20, 22, 28, 32, 36, and 54, which include activities that are largely dependent on occurring in marine waters. For example, NWP Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

9 authorizes placement of structures to facilitate mooring of vessels within anchorage areas established by the U.S. Coast Guard, and NWP 10 allows non-commercial, single-boat mooring buoys. Discharges resulting from these types of activities, as long as they meet all conditions of this General Order, will be minimally impacting and not result in adverse impacts to water quality, either individually or cumulatively. Unlike NWPs 1, 4, 5, 6, 9, 10, 11, 20, 22, 28, 32, 36, and 54, which do allow discharges to ocean, bay, tidal waters, or shores thereof, projects authorized under NWPs 3(a) and 14 are generally not marine-water dependent. They include classes of activities that individually or cumulatively may result in significant environmental effects if they were to occur within ocean, bay, or tidal waters, or the shores thereof; therefore it is more appropriate to regulate these activities pursuant an individual water quality certification. Furthermore, the state's Water Quality Control Plan for Ocean Waters of California (revised 2019) states that "protection of the quality of the ocean waters for use and enjoyment by the people of the state requires control of the discharge of waste to ocean waters," and discharges associated with activities related to NWP 3(a) and 14 may individually or cumulatively impact designated beneficial uses of ocean waters of the state (beneficial uses of ocean water are designated as: industrial water supply; water contact and non-contact recreation, including aesthetic enjoyment; navigation; commercial and sport fishing; mariculture; preservation and enhancement of designated Areas of Special Biological Significance (ASBS); rare and endangered species; marine habitat; fish migration; fish spawning and shellfish harvesting).
b. NWP 3(a) Compensatory Mitigation Requirements
Conditions regarding compensatory mitigation are necessary to ensure compliance with state and federal anti-degradation policies. Compensatory mitigation requirements are consistent with State Supplemental Guidelines, section 230.10, restrictions on discharge and the Dredge or Fill Procedures, section IV.B.1.a (Cal. Code of Regs., section 3013), which requires that the Water Boards will approve a project only after it has been determined that a sequence of acti
ons has been taken to first avoid, then to minimize, and lastly compensate for adverse impacts that cannot be practicably avoided or minimized. (See also Cal. Code of Regs., section 3856(h) (requiring submittal of proposed mitigation and description of steps taken to avoid, minimize, or compensate). Compensatory mitigation conditions are consistent with Executive Order W-59-93 commonly referred to as California’s “no net loss” policy for wetlands. Compensatory mitigation requirements are also authorized by Water Code, section 13263, which requires the imposition of requirements that implement water quality control plans, takes into consideration the beneficial uses to be protected, and the need to prevent nuisance.

These conditions related to mitigation requirements are consistent with the Dredged or Fill Procedures, section IV.B.1.a, which requires that the Water Boards will approve a project only after it has been determined that a sequence of actions has been taken to first avoid, then to minimize, and lastly compensate for adverse impacts that cannot be practicably avoided or Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

minimized. Accordingly, compensatory mitigation is required for projects that would result in permanent impacts.

2. NWP 14 – Linear Transportation Projects
a. NWP 14 Prohibitions
i. Lahontan Water Board
For condition G.2.a.i, see justification for NWP 3(a) (condition G.1.a.i), above. ii. Riparian Vegetation
iii. Riparian Tree Removal
For conditions G.2.a.ii and G.2.a.iii, see justification for NWP 3(a) (conditions G.1.a.ii and G.1.a.iii), above.
iv. Roads
v. Armoring Facilities
vi. Gabions
vii. Riprap Installation
viii. Grouted Riprap
For conditions G.2.a.iv through G.2.a.viii, see justification for NWP 3(a) (conditions G.1.a.iv through G.1.a.viii), above.
ix. Construction, replacement, or expansion of facilities in any ocean, bay, tidal waters, or shores thereof are
prohibited
For condition G.2.a.ix, see justification for NWP 3(a) (condition G.1.a.ix), above. b. NWP 14 Compensatory Mitigation Requirements
For condition G.2.b, see justification for NWP 3(a) (condition G.1.b), above.

3. NWP 36 – Boat Ramps
a. Lahontan Water Board Prohibition
For condition G.3.a, see justification for NWP 3(a) (condition G.1.a.i), above. b. Uncured cement
Concrete/cement is an alkaline component that has the potential to raise the pH of water resources to levels that would negatively affect beneficial uses. This condition is required pursuant to the Water Quality Control Plans in California, which require compliance with water Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

quality objectives for pH. For example, the Water Quality Control Plan for the North Coast Region, section 3.3.9, requires that the “pH shall conform to those limits listed in Table 3-1. For waters not listed in Table 3-1 and where pH objectives are not prescribed, the pH shall not be depressed below 6.5 nor raised above 8.5. Changes in normal ambient pH levels shall not exceed 0.2 units in waters with MAR or SAL beneficial uses nor 0.5 units within the range specified above in fresh waters with COLD or WARM beneficial uses.” The Water Quality Control Plan for the San Francisco Region, section 3.3.9 requires the “pH shall not be depressed below 6.5 nor raised above 8.5. This encompasses the pH range usually found in waters within the basin. Controllable water quality factors shall not cause changes greater than 0.5 units in normal ambient pH levels.”
XI. Denial and Compliance with 40 CFR Part 121.7(e)(2)
The following NWPs are denied: 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. These NWPs are denied because 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.) Any future 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.

The State Water Board is able to certify the NWPs specified in Attachment E because they are similar activities that will cause similar impacts, have very small, mostly temporary impacts to waters of the state, and more predictable impacts to waters. In contrast, it is not possible to determine whether all the activities authorized by the denied NWPs will comply with California Code of Regulations, section 3861(d), which prohibits the issuance of a general certification unless the activities to be certified will not have any of the following impacts:
(1) Significant adverse impacts on water quality that could feasibly be avoided if individual certification, for the proposed activities seeking individual federal licenses or permits, was issued.
(2) Violation of any water quality objectives adopted or approved under Sections 13170 or 13245 of the Water Code.
(3) The taking of any candidate, threatened, or endangered species or the violation of the federal Endangered Species Act (16 USC Section 1531 et seq.) or the California Endangered Species Act (Fish and Game Code Section 2050 et seq.). (4) Exposure of people or structures to potential substantial adverse effects – including the risk of loss, injury, or death – from flooding, landslides, or soil erosion.

The denied NWPs may individually or cumulatively have the above impacts. NWP projects may occur anywhere within California and include a broad range of activities. NWPs authorize Certification of the Corps’ remaining Nationwide Permits Reg. Meas.ID: 444647

impacts of up to 0.5 acres of waters. Pursuant to California Code of Regulations, section 3837, a certification request may be denied when compliance with water quality standards and other appropriate requirements is not yet determined. The State Water Board would need additional project-specific information, including but not limited to, the location of activities, the receiving water bodies affected, the BMPs proposed, avoidance and minimization measures taken, proposed compensatory mitigation, and a restoration plan for temporary impacts before taking a certification action. For example, projects best management practices may depend on their proximity to waters of the state and whether they are in a floodplain. In another example, the Corps does not require compensatory mitigation for impacts of 0.10 acres or less. The Water Boards routinely required compensatory mitigation for impacts smaller than that threshold pursuant to their authority under Water Code, section 13263 and as is consistent with Dredge or Fill Procedures, section IV.B.5 and subpart J of the State Supplemental Guidelines. Without this information, the State Water Board cannot determine potential impacts on beneficial uses. Specifically, the State Water Board would need additional information regarding significant adverse impacts on water quality to determine what environmental documentation would be necessary, if any, to comply with CEQA. (See, e.g., Pub. Res. Code §§ 21081; 21082.3, 21092.) Pursuant to California Code of Regulations, section 3856(f), “the certification agency shall be provided with and have ample time to properly review a final copy of valid CEQA documentation before taking a certification action.” Accordingly, certification action for these NWPs is more appropriate on an individual basis.

California Code of Regulations, section 3861(c)(5) requires that general certifications meet all applicable requirements of CEQA.

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ATTACHMENT D – SIGNATORY REQUIREMENTS
All documents submitted in compliance with this Order shall meet the following signatory requirements:

1. All applications, reports, or information submitted to the Water Board must be signed and certified by the legally responsible party as follows:
a. For a corporation, by a responsible corporate officer of at least the level of vice-president.
b. For a partnership or sole proprietorship, by a general partner or proprietor, respectively.
c. For a municipality, or a state, federal, or other public agency, by either a principal executive officer or ranking elected official. This includes the chief executive officer of the agency or the senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of the U.S. EPA).

2. A duly authorized representative of the legally responsible party may sign documents if:
a. The authorization is made in writing by the legally responsible party. b. The authorization specifies either an individual or position having responsibility for the overall operation of the regulated activity. c. The written authorization is submitted to the Water Board Staff Contact prior to submitting any documents listed in item 1 above.

3. Any person signing a document under this section shall make the following certification:
“I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.”
Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID: 444647

Attachment E – Certified Nationwide Permits
As listed below, this General Order conditionally certifies 15 NWPs and denies 26 NWPs1.

NWP
No.

Nationwide Permit Decision CCR Title 14
Section/Exemption
1 Aids to Navigation: Allows the
placement of U.S. Coast Guard
(USCG)-approved navigational
aids.

Certify subject to
conditions
§15304/Minor Alterations
to Land; and §15311
Accessory Structures
3(a) (a) Maintenance: Allows the
repair, rehabilitation, or
replacement of any previously
authorized, currently
serviceable structure or fill.

Certify subject to
conditions, specific
activity restrictions,
and notification
requirements
§15301/Existing Facilities;
§15302 Replacement of
Reconstruction; §15303
New Construction or
Conversion of Small
Structures; §15304 Minor
Alterations to Land; and
§15309 Inspections
4 Fish and Wildlife Harvesting,
Enhancement, and Attraction
Devices and Activities: Allows
fish and wildlife harvesting devices
and activities.

Certify subject to
conditions and
specific activity
restrictions
§15304 Minor Alterations
to Land
5 Scientific Measurement Devices:

Allows the placement of scientific
gages, recording devices, water
quality testing and improvement
devices, and similar structures;
allows the construction of weirs
and flumes constructed primarily to
record water quantity data and
velocity.

Certify subject to
conditions and
notification
requirements
§15306 Information
Collection
1 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.

NWPs not identified in this attachment and General Order were either certified or denied in the 2020 State Water Board General Certification; refer to Attachment E in Order No. [WQ] 2020-0039-EXEC
(https://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/2020/att_e_list_ nwps.pdf).

Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID: 444647

NWP
No.

Nationwide Permit Decision CCR Title 14
Section/Exemption
6 Survey Activities: Allows core
sampling, seismic exploration, and
plugging exploration bore holes.

Certify subject to
conditions and
notification
requirements
§15304 Minor Alterations
to Land
9 Structures in Fleeting and
Anchorage Areas: Allows
placement of structures to facilitate
mooring of vessels within
anchorage areas established by
the USCG.

Certify subject to
conditions
§15301 Existing facilities;
and §15304 Minor
Alterations to Land
10 Mooring Buoys: Allows non-
commercial, single-boat mooring
buoys.

Certify subject to
conditions
§15304 Minor Alterations
to Land
11 Temporary Recreational
Structures: Allows the temporary
placement of buoys, markers,
small floating docks, and similar
structures placed during special
water events.

Certify subject to
conditions
§15304 Minor Alterations
to Land
14 Linear Transportation Projects:

Allows the repair, rehabilitation, or
replacement of any previously
authorized, currently serviceable
structure or fill associated with
linear transportation projects (e.g.,
roads, highways, railways).

Certify subject to
conditions, specific
activity restrictions
and notification
requirements
§15301 Existing Facilities;
§15302 Replacement or
Reconstruction; §15303
New Construction or
Conversion of Small
Structures; §15304 Minor
Alterations to Land; and
§15309 Inspections
20 Response Operations for Oil
and Hazardous Substances:

Allows cleanup of oil and
hazardous substances provided
the work activity is done in
accordance with federal
regulations and any existing State
contingency plans, and has the
concurrence of the federal
Regional Response Team
Certify subject to
conditions and
notification
requirements
§15307 Actions by
Regulatory Agencies for
Protection of Natural
Resources; §15308 Action
by Regulatory Agencies
for Protection of the
Environment; and §15330
Minor Actions to Prevent,
Minimize, Stabilize,
Mitigate or Eliminate the
Release or Threat of
Release of Hazardous
Waste or Hazardous
Substances
Certification of the Corps’ remaining Nationwide Permits Reg. Meas. ID: 444647

NWP
No.

Nationwide Permit Decision CCR Title 14
Section/Exemption
22 Removal of Vessels: Allows
minor discharges of fill in
connection with removal of
disabled or abandoned vessels or
manmade obstructions to
navigation. This NWP does not
authorize maintenance dredging,
shoal removal, or river snagging.

Certify subject to
conditions
§15301 Existing facilities;
and §15303 New
Construction or
Conversion of Small
Structures
28 Modifications of Existing
Marinas: Allows the
reconfiguration existing dock
space in an authorized marina. No
dredging or expansion of any kind
would be permitted.

Certify subject to
conditions and
notification
requirements
§15301 Existing facilities;
and §15303 New
Construction or
Conversion of Small
Structures
32 Completed Enforcement
Actions: Allows any structure,
work, or discharge that is in
compliance with a final federal
court decision, consent decree, or
settlement agreement resulting
from a federal enforcement
violation action under section 404
or section 10.

Certify subject to
conditions and
notification
requirements
§15321 Enforcement
Action by Regulatory
Agencies
36 Boat Ramps: Activities required
for the construction of boat ramps.

Certify subject to
conditions, specific
activity restrictions,
and notification
requirements
§15303 New Construction
or Conversion of Small
Structures; and §15304
Minor Alterations to Land
54 Living Shorelines: Activities
required for the construction and
maintenance of living shorelines to
stabilize banks and shores in
coastal waters.

Certify subject to
conditions and
notification
requirements
§15304 Minor Alterations
to Land; and §15333
Small Habitat Restoration
Projects

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX
75 Hawthorne Street
San Francisco, CA 94105-3901
Colonel Antoinette Gant
Division Engineer, South Pacific Division
U.S. Army Corps of Engineers
1455 Market Street
San Francisco, CA 94103-1398
Subject: Clean Water Act, Section 401 Certification of the 41 proposed Nationwide Permits in the June 11, 2021 draft final rule for Tribal Lands within the Region 9 coverage area of the U.S. Environmental Protection Agency.

Dear Colonel Gant,
The U.S. Environmental Protection Agency Region 9 (EPA) has responsibility under Section 401 of the Clean Water Act (CWA) to evaluate and certify water quality protections for federal permits and licenses issued for work on tribal lands (40 C.F.R 123.12(a)). EPA has reviewed the U.S. Army Corps of Engineers (Corps) CWA Section 404 Nation Wide Permits (NWPs), including the regional conditions proposed for each South Pacific Division District and herby transmit our water quality certification. The enclosed NWP conditions become binding requirements for activities on tribal lands within EPA Region 9 and will remain in effect for the authorization period of the 2021 NWPs.1,2 Please instruct your regulatory staff to provide this certification to anyone contacting the Corps with applicable projects. If a project fails to meet the enclosed conditions, the applicant must contact EPA Region 9 at for individual project-specific certifications, to schedule pre-filing meeting requests, or for any certification-related questions.

EPA appreciates our long-standing partnership and coordination in implementing Section 401 of the CWA. Please contact me at (415) 972-3337 or [email protected] should you have any questions, or 1 This water quality certification 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. 2 Consistent with the EPA Policy on Consultation and Coordination with Indian Tribes, EPA sent a letter dated September 2, 2021, offering to consult with the tribes in Region 9 on this certification. EPA did not receive any formal request for consultation or any written comments on the draft certification. 2 your staff may contact our Wetlands Section Manager, Sahrye Cohen at (415) 972-3523 or [email protected].

Sincerely,
Tomás Torres
Director, Water Division

Enclosure
cc:

All federally recognized Indian Tribes within EPA Region 9 James Mazza, Regulatory Branch Chief, San Francisco District Michael Jewell, Regulatory Branch Chief, Sacramento District David Castanon, Regulatory Branch Chief, Los Angeles District Kelly Allen, Regulatory Branch Chief, New Mexico District Todd Tillinger, Corps South Pacific Division
Trevor Baggiore, Arizona Department of Environmental Quality Paul Hann, California State Water Resources Control Board Brigit Widegren, Nevada Division of Environmental Protection

Enclosure
U.S. Environmental Protection Agency Region 9’s Clean Water Act Section 401 Certification of the 41 Nationwide Permits (2021) on applicable Tribal Lands in California, Nevada, Arizona, and Navajo Allottee Lands This Clean Water Act (CWA) Section 401 water quality certification (WQC) applies to any potential point source discharges from potential projects authorized under the proposed re- issuance of the following U.S. Army Corps of Engineers (Corps) Nation Wide Permits (NWPs) into waters of the U.S. that occur within tribal lands where tribes do not have treatment in a similar manner as a state and lands with exclusive federal jurisdiction in in California, Nevada, Arizona, and Navajo Allottee land in the corresponding Sacramento, San Francisco, Los Angeles and Albuquerque Corps Districts: NWP 3, 4, 5, 6, 7, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 25, 27, 30, 31, 32, 33, 34, 36, 37, 38, 41, 45, 46, 49, 53, 54, and 59. The Corps is not requesting certification for the following NWPs: 1, 2, 8, 9, 10, 11, 24, 28, and 35.

Section 401(a)(1) of the CWA requires applicants for Federal permits and licenses that may result in discharges into waters of the United States, to obtain certification that any such discharges will comply with applicable provisions of the CWA including Sections 301, 302, 303, 306 and 307. Where no state agency or tribe has authority to give such certification, the U.S.

Environmental Protection Agency Region 9 (EPA) is the certifying authority. In this case, the EPA is making the certification decision for potential discharges that may result from the projects authorized under the proposed CWA Section 404 NWPs listed above.1 Project Description
On September 15, 2020, the Corps published in the Federal Register its proposal to reissue the NWPs.2

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. The Corps is now proposing to re-issue 40 existing NWPs and one new NWP and associated general conditions and definitions, with some modifications. The Corps states that it is “proposing these modifications to simplify and clarify the NWPs, reduce burdens on the regulated public, and continue to comply with the statutory requirement that these NWPs authorize only activities with no more than minimal individual and cumulative adverse environmental effects”: 85 FR 57298.

For the 41 proposed NWPs that have not been issued, the Corps has extended the reasonable period of time within which CWA Section 401 certifying authorities must act and has provided the opportunity for those CWA Section 401 certifying authorities to revise or reconsider their

1 This water quality certification does not apply to activities proceeding in the territories of the 25tribes 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. 2 See 85 FR 57298.
prior CWA Section 401 WQC decisions. For more details:
https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and- Permits/Nationwide-Permits/
General Information
The general information provided in this section does not constitute a certification condition or conditions.

The project proponents for potential activities authorized under the NWPs are responsible for obtaining all other permits, licenses, and certifications that may be required by federal, state, or tribal authorities.

Project proponents for potential projects authorized under the NWPs should retain this certification in their files with the applicable NWPs as documentation of EPA CWA Section 401 WQC for the above-referenced proposed final NWPs. This CWA Section 401 WQC is specifically associated with the NWPs described above and expires when those NWPs expire.

Copies of this certification shall be kept on the job site and readily available for reference.

The project proponent for potential activities authorized under the NWPs are encouraged to contact EPA during the project planning phase if they have any questions about relevant best management practices (e.g., bioengineering techniques, biodegradable erosion control measures, revegetation using native plant species, suitable fill materials, and disposal of debris/construction materials preventing runoff) and resources that can assist with compliance. Planning and construction practices, such as the use of native vegetation and bioengineering techniques, can be used to minimize adverse impacts to plants and animals and improve water quality.

As r equired by Condition 1, project proponents shall provide notice to EPA at least 30 days prior to commencing construction to provide EPA with the opportunity to inspect the activity for the purposes of determining whether any discharge from the proposed project will violate this water quality certification. Where the Corps requires a PCN for the applicable NWP, the project proponent should also provide the PCN to Region 9. If additional information is required per the conditions of this certification, that information shall be submitted with the PCN notification to the EPA. Concurrent with notification to the EPA, project proponents shall notify the appropriate Tribal Environmental or Governmental Office. Within 30 days of complete submittal, EPA will review the proposed project to determine compliance with this 401 certification.

Project proponents shall also notify EPA and the appropriate Tribal Environmental Office if spills or unauthorized discharges occuring during the project.

Pursuant with CWA Section 308(a), EPA representatives are authorized to inspect the authorized activity and any mitigation areas to determine compliance with the 401 certification and conditions.

To submit a project for review, or if you have questions regarding this certification, please contact EPA at: [email protected]

Granted with Conditions (121.7(d)(2)):

On behalf of 123 federally recognized tribes within the purview of EPA Region 9, CWA Section 401 certification for the following proposed NWPs is granted with conditions. EPA has determined that any discharge authorized under the following proposed NWPs will comply with water quality requirements, as defined at 40 C.F.R. 121.1(n), subject to the following conditions pursuant to Section 401(d).

NWPs: 3, 5, 6, 7, 13, 14, 18, 19, 20, 23, 25, 27, 31, 32, 33, 36, 37, 38, 41, 45, 46, 59 EPA has determined that any discharge authorized under the following NWPs will comply with water quality requirements as defined in 40 CFR 121.1(m) subject to the following conditions pursuant to CWA Section 401(d).

General EPA Conditions for Certification 2021 NWPs
Condition 1 – Notification to EPA
Project proponents shall provide notice to EPA Region 9 prior to commencing construction to provide EPA with the opportunity to inspect the activity for the purposes of determining whether any discharge from the proposed project will violate this water quality certification. Where the Corps requires a PCN for the applicable NWP, the project proponent shall also provide the PCN to Region 9. Concurrent with notification to the EPA, project proponents shall notify the appropriate Tribal Environmental or Governmental Office.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: This condition is necessary to provide EPA Region 9 with notice and information to allow for an efficient and effective pre- operation inspection to determine if the certified discharge will violate the certification. If the project scope changes during the Corps review prior to initiation of the activity, it is also critical for EPA Region 9 to be provided any changes in the project design, scope, amount, and location of discharges to inform the pre-operation inspection opportunity as provided by 40 CFR 121.11(a).

Citation(s) that authorizes this condition: 40 CFR 121.11(a) Condition 2 – Projects or Activities Discharging to Impaired Waters Projects or activities are not authorized under the NWPs if the project will involve point source discharge into an active channel of a water of the U.S. identified as a section 303(d) or TMDL listed impaired waterbody and the discharge may result in further exceedance of a specific parameter (e.g., total suspended solids, dissolved oxygen, temperature) for which the waterbody is listed. The current lists of 303(d) and TMDL listed waterbodies are available on EPA Region 9’s web site at:
https://www.epa.gov/tmdl/impaired-waters-and-tmdls-pacific-southwest-region-

9. Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: A 303(d) listed waterbody is impaired due to the cumulative effects of discharges of pollutants. The NWPs do not provide necessary activity specific information to determine compliance with specific water quality requirements, such as limits on total suspended solids, temperature, dissolved oxygen, nutrients, or pH for which a specific waterbody could be listed as impaired. Site specific analysis is required to determine whether water quality requirements are met in the active channel of a water of the U.S. identified as a section 303(d) or TMDL listed impaired waterbody.

Citation(s) that authorizes this condition: CWA section 303(d) Condition 3 – Dewatering
For all dewatering activities that propose structures or fill in waters of the U.S. that require authorization from the Corps, projects or activities are authorized under the NWPs if the site is naturally dewatered (e.g., seasonally dry), or if an artificial dewatering plan is developed and implemented to ensure that erosion and unauthorized discharges do not occur prior to site restoration. The dewatering plan shall be submitted to EPA Region 9 in conjunction with the notification in Condition 1, prior to site disturbance.

The Dewatering Plan shall, at a minimum, include the following:
• Methods for dewatering;
• Equipment that would be used to conduct the dewatering; • Length of time the area is to be dewatered;
• Area (acres) and length (linear feet) in waters of the U.S. of the structure and/or fill used for the dewatering;
• Method for removal of the temporary structures and/or fill; • Method for pre-disturbance measurement and restoration, following construction, of the preconstruction contours and site conditions of the waters of the U.S. affected by the structure or fill;
• Frequency and methods for monitoring and maintenance of dewatering measures to ensure unauthorized discharges do not occur before the site restoration is complete; all dewatering measures should be assessed within 24 hours after a rain event and any damaged measures shall be repaired or modified as required to protect water quality; and • Reporting and adaptive management processes if any of the dewatering methods cause erosion or if unauthorized discharges occur before the site restoration is complete. • EPA Region 9 requires reporting of unauthorized discharges or water quality violations within 24 hours.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: General conditions included in the NWPs do not address dewatering activities. Dewatering activities can often be a point source for pollutants entering waters of the Unites States. This condition is necessary to ensure that the authorized activity does not result in more than minimal degradation to water quality and the aquatic environment because the project proponent will complete pre-planning, monitoring, maintenance, reporting and adaptive management to achieve site restoration.

Citation(s) that authorizes this condition: 40 CFR § 230.10(d); 40 CFR § 230.24; 40 CFR § 230.70; 40 CFR § 230.71; 40 CFR § 230.74
Condition 4 – Site Management and Construction Practices Except as specified in the permit application, the project proponent shall not allow debris, silt, sand, cement, concrete, oil or petroleum, organic material, or other construction related materials or wastes to enter or be stored within 100 feet of where it may enter waters of the U.S. The project proponent shall develop and implement a plan to prevent pollutants from entering jurisdictional wetlands and waterways. The plan shall be submitted to EPA Region 9 in conjunction with the notification in Condition 1, prior to site disturbance. The plan shall include, at a minimum, the following measures:
• Silt fences, straw wattles, and other standard erosion control techniques 3 shall be
employed to protect waters of the U.S. from sedimentation and other pollutants. • Water used in dust suppression shall not contain contaminants that could violate surface water or aquifer standards.
• Project activities (e.g., work during rain events, heavy equipment in flowing water, etc.) that may result in channel and bank erosion within waters of the United States during or after construction are not authorized under this certification. Precipitation forecasts shall be considered when planning construction activities. The project proponent shall monitor the 72- hour forecast from the National Weather Service at http://www.nws.noaa.gov.

When there is a forecast of more than 80% chance of rain, or at the onset of unanticipated precipitation, the project proponent shall remove all equipment from waters of the United States and implement erosion and sediment control measures (e.g., jute, straw, coconut fiber erosion control fabric, coir logs, straw), and cease all project activities within the waters. Erosion control measures shall be inspected within 24 hours after each rain event and repaired or modified as required to protect water quality. • All equipment shall be cleaned prior to arriving on the project site. All equipment shall be inspected daily and prior to entering any streams or wetlands, for oil, gas, diesel, anti- freeze, hydraulic fluid, and other petroleum leaks. All equipment detected with leaks shall be repaired promptly or moved offsite within 24 hours.

3 Many state and local agencies have developed erosion control manual and guidelines the provide detailed information on standard techniques and practices. Examples include the Los Angeles Construction Site Best Management Practices (BMPs) Manual: http://dpw.lacounty.gov/cons/specs/bmpmanual.pdf and the City of Sacramento’s Administrative and Technical Procedures Manual for Grading and Erosion and Sediment Control:
http://www.cityofsacramento.org/-/media/Corporate/Files/DOU/Specs-Drawings/Sediment-control- manual.pdf?la=en
• All contaminated areas shall be cleaned immediately, and contaminated soil removed from the site or contained in enclosed containers. Containers shall be located no closer than 100 feet to a jurisdictional wetland or waterbody. If it is not possible to site a storage area at least 100 feet away, the project proponent shall explain the reasons for the storage location and the additional measures that will be implemented to protect waters in their plan.
• Containment booms and/or absorbent material shall be available onsite. In the case of spills, containment booms and/or absorbent materials shall be employed immediately to prevent discharges from reaching waters of the U.S. Project proponents shall notify the appropriate Tribal government and EPA Region 9 within 24 hours if spills or unauthorized discharges occur during the project. As part of the notice, the project proponent shall provide plans for remedying the spill or unauthorized discharge.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: Protection of water quality includes implementation of suitable measures to control site runoff, spillage, waste disposal, and drainage from construction activities and raw material storage as such sources may contribute significant amounts of pollutants into waters of the United States. Timing the discharge of material, for instance by limiting fill during rain events, minimizes impacts to water quality.

Measures minimize adverse effects to plant and animal populations by maintaining habitat for these species. The use of measures as required under this condition will ensure that the authorized activity does not result in more than minimal degradation to water quality. The condition is necessary to prevent the unauthorized release of pollutants into waters of the United States. This condition is necessary to ensure water quality is not degraded by oil, grease, gasoline, or other types of fluids used to operate and maintain equipment used to complete the project. The condition minimizes equipment contact with water (and potential for oil, gas, invasive species, etc. contamination) and allows for clean-up of potential spills before entering waters. This condition also helps protect the water quality and native biology of the impacted waters by preventing the spread of invasive or nuisance species. This condition is necessary to ensure minimization of adverse effects on populations of plants and animals and to preserve the water quality and flood protection benefits provided by vegetation in riparian areas adjacent wetlands and waterbodies. Inspection times are required to ensure that pollution and erosion controls remain effective or are repaired promptly.

Citation(s) that authorizes this condition: 40 CFR § 230.10(d); 40 CFR § 230.70; 40 CFR § 230.72; 40 CFR § 230.74; 40 CFR § 230.75
Condition 5 – Discharges in Aquatic Resources of Special Concern Activities resulting in a point source discharge in the following types of jurisdictional aquatic resources of special concern shall request a project-specific CWA Section 401 WQC: bogs, fens, and other peatlands; natural springs; vernal pools; alkali wetlands; riffle-pool complexes of streams; marine or estuarine mudflats; salt marshes; marine waters with native eelgrass or kelp beds; or marine nearshore forage fish habitat. These resources may be identified using USGS topographic maps, the U.S. Fish and Wildlife Service National Wetland Inventory, or other aquatic resource identification documentation.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: Aquatic resources of special concern include special aquatic sites4 and other aquatic resources that are specific waters of the U.S. that are difficult to replace, are unique, and/or have high ecological function. General permits, including NWPs, are only allowed for those discharges and associated activities that will cause no more than minimal adverse impacts to the aquatic environment. However, point source discharges to the types of aquatic resources of special concern listed above could have more than minimal adverse impacts on an individual or cumulative basis, because the discharge of dredged or fill material would impair and degrade the chemical, physical and biological conditions of these systems. As noted in 40 C.F.R. § 230.1(d), “[f]rom a national perspective, the degradation or destruction of special aquatic sites, such as filling operations in wetlands, is considered to be among the most severe environmental impacts covered by these Guidelines. The guiding principle should be that degradation or destruction of special sites may represent an irreversible loss of valuable aquatic resources.” Discharge of dredged or fill material into these systems can alter water circulation patterns and hydroperiods, which in turn can release nutrients causing shifts in native to non-native species composition; release chemicals that adversely impact biota (plants and animals), increase turbidity levels, reduce light penetration and photosynthesis, and ultimately change the capacity of these systems to support aquatic life uses and other beneficial uses of these special aquatic sites, including impairing their diverse and unique communities of aquatic organisms, including fish, wildlife and the habitats upon which they depend. Thus, this condition is established to ensure a case-by-case review of any actions or activities proposed in these specific aquatic resource site types which are inherently difficult to replace, have high ecological functions and values, and for which degradation cannot be determined to meet water quality requirements on a general permit basis.

Citation(s) that authorizes this condition: 40 C.F.R. § 230.1(d); 40 C.F.R. § 230.10(c); 40 C.F.R. § 230.21; 40 C.F.R. § 230.23; 40 C.F.R. § 230.32; 40 C.F.R. Part 230, Subpart E.

Condition 6 – Disturbance to Streambank Vegetation
Disturbance to jurisdictional streambank vegetation shall be limited to no more than 0.5 acre of vegetation removal. Areas of vegetation removal shall be identified on construction plans and submitted to EPA as part of the notification. Areas of streambank vegetation adjacent to the planned disturbance area shall be clearly marked with signs, high visibility flagging, orange fencing, or some other method that clearly indicates the limits of the disturbance area to prevent encroachment into adjacent habitat. Revegetation of disturbed areas shall be based on pre- disturbance or reference site conditions, including percent cover and native species diversity.

Therefore, the project proponent shall photo-document the site prior to, during and post- construction, and post-restoration. Revegetated areas shall use local or regionally sourced native seed and other plant materials. Non-native and invasive species shall not be used for restoration

4 See 40 C.F.R. Part 230 Subpart E.
activities. Stockpile weed-free topsoil shall replace disturbed soil areas. Revegetation measures may include topsoil replacement, planting, seeding, fertilization, liming, and weed-free mulching. Projects that will remove more than 0.5 acre of vegetation shall request a project- specific 401 certification.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: Streambank vegetation is important in stabilizing soils, reducing run-off, providing for shaded aquatic areas, and providing cover and habitat for aquatic wildlife. Invasive species are detrimental to functioning aquatic ecosystems. Revegetation planting with native plant species is necessary to ensure ecosystem functions and services. This condition is necessary to ensure minimization of adverse effects on water quality as well as populations of plants and animals that derive benefits provided by vegetation in riparian areas adjacent wetlands and waterbodies. This condition size limit is necessary to require project-specific CWA Section 401 WQC review so EPA Region 9 can ensure that projects will be conditioned to avoid and minimize adverse impacts to comply with water quality requirements.

Citation(s) that authorizes this condition: 40 CFR § 230.10(d); 40 CFR § 230.70; 40 CFR § 230.72; 40 CFR § 230.74; 40 CFR § 230.75
NWP Permit Specific Conditions
NWP-03 Maintenance
NWP-03 is conditionally certified subject to the General Conditions above, and the following specific condition.

Replacement of "Currently serviceable structures" under this permit shall be appropriately sized culverts or structures5 for the drainage area and/or anticipated peak flow so that structures do not cause or exacerbate channel incision, bank destabilization, and/or prevent fish and wildlife passage due to inadequate design or construction standards. Replacement of existing riprap is allowed but the placement of additional non-vegetated riprap beyond the original footprint is not authorized and requires an individual project-specific certification. If a PCN is required for the NWP, the project proponent shall submit design documentation used to determine the appropriate sizing of culverts and/or structures to EPA Region 9, the correlating Tribal government, and the authorizing Corps District.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: Improperly sized or undersized culverts constrict the channel, create flow hydraulics and channel conditions that are markedly dissimilar from those in the natural channel, and impede the movement fish and other aquatic organisms along the stream corridor. Areas covered by riprap limit the biological, chemical, and

5 For site where no hydrologic data is available methods such as Talbots formula for culvert sizing: http://www.sd- w.com/civil/talbots_formula.html. Other established methods such as those described in the Handbook For Forest, Ranch And Rural Roads (http://www.pacificwatershed.com/sites/default/files/12_-_appendix_a_- _culvert_sizing_procedures.pdf) may also be used.
physical processes that can occur in those aquatic resources. The lack of vegetation results in lower quality habitat and less carbon cycling and other ecosystem functions in aquatic and riparian areas. This condition is necessary to ensure the properly sized and designed replacement structures are used to protect aquatic habitat and to ensure that the authorize activities would result in more than a minimal degradation of water quality. Projects that require a PCN for NWP meet a size, location or resource threshold that requires design review to ensure that there are no more than minimal impacts to aquatic resources.

Citation(s) that authorizes this condition: 40 CFR § 230.10(d); 40 CFR § 230.71; 40 CFR § 230.72
NWP-07 Outfall Structures and Associated Intake Structures NWP-07 is conditionally certified subject to the General Conditions above, and the following specific condition.

Outfall structures shall be appropriately sized and designed to prevent high pressure discharge of stormwater that may result in localized scouring and erosion

6. The project proponent shall
submit project plans to EPA Region 9, the correlating Tribal government, and the authorizing Corps District. The project plans shall describe the design documentation used to determine the appropriate sizing of outfall structures in the final project design.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: Storm drain and outfall systems are dependent on topography, hydrology, surface hydraulics, outfall location and constraints for design layout. Outfall materials have a design maximum velocity to ensure that structures and surrounding areas do not have detrimental erosion. This condition is necessary to ensure outfall structures are designed and constructed in a manner that will prevent localized erosion at the point of discharge and will minimize impacts to downstream water quality.

Citation(s) that authorizes this condition: 40 CFR § 230.10(d), 40 CFR § 230.70; 40 CFR § 230.73
NWP-13 Bank Stabilization
NWP-13 is conditionally certified subject to the General Conditions above, and the following specific condition.

For any activities that include bank stabilization, the project proponent shall use bioengineering techniques for bank stabilization activities instead of or in combination with hard armoring; this may be either the sole use of native vegetation or other bioengineered design techniques (e.g.,

6 Outfall design information for common types, like stormwater, may be found through state Departments of Transportation (e.g. Caltrans https://dot.ca.gov/programs/design/hydraulics -stormwater) and state water quality regulatory agencies (e.g.
https://www.waterboards.ca.gov/rwqcb2/water_issues/programs/stormwater/muni/nrdc/chapter%2013%20desi gn%20examples%20part%202.pdf). Local, county, state, and tribal resources may also be used to determine outfall design criteria and/or the maximum design velocity for stormwater and similar outfalls. willow plantings, root wads, large woody debris, etc.), or a combination of hard-armoring (e.g., rock) and native vegetation or bioengineered design techniques. If it is not possible to solely rely on bioengineering techniques, the project proponent shall submit project plans to EPA Region 9, the correlating Tribal government, and the authorizing Corps District. Projects consisting entirely of riprap or similar rock techniques are limited to 300 linear feet under this conditional certification; project proponents with riprap or similar rock activities over 300 linear feet shall request a project-specific water quality verification. For both partially bioengineered projects, and those composed of riprap, the project plans shall describe the design techniques and stabilization methods assessed to determine the final project design. The use of soil cement, concrete, and grouted rip-rap hard armoring methods are not authorized under this certification and project proponents shall submit a request for a project-specific water quality certification.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: The use of native vegetation and bioengineering is necessary to ensure the activity incorporates appropriate measures to that will minimize potential adverse impacts of the discharge on water quality and the aquatic ecosystem.

Planning and construction practices can be used to minimize adverse impacts to plants and animals and can compensate for destroyed habitat. This condition is necessary to provide the project proponent with clarity on how to meet appropriate soil erosion and sediment controls, as required by NWPs General Condition 12. These appropriate and practicable alternatives often include more ecologically beneficial soft or bioengineering techniques. In conjunction with other bank stabilization practices, this condition will ensure water quality impacts from potential discharges of dredged or fill material are minimized. As a result, this condition is necessary to require project-specific CWA Section 401 WQC review so EPA Region 9 can ensure that projects will be conditioned to avoid and minimize adverse impacts to comply with water quality requirements. Native vegetation and natural materials and structures, such as biodegradable erosion control blankets, staking and live cutting, biologs, coir fiber rolls, brush mattresses, etc. can be effective erosion control measures are when installed properly under the right conditions.

Projects without bioengineering are limited to 300 linear feet due to the negative impacts of hard armoring on aquatic habitat functions and water quality. 300 linear feet is the previous restriction in the NWPs without waiver by the District Engineer and is supported by years of data on minimal adverse impacts to the aquatic environment.

Citation(s) that authorizes this condition: 40 CFR § 230.10(d); 40 CFR § 230.71; 40 CFR § 230.72; 40 CFR § 230.75
NWP-14 Linear Transportation Projects
NWP-14 is conditionally certified subject to the General Conditions above, and the following specific condition.

For replacement crossings that would result in a reduction in the pre-construction ordinary high water mark channel width and depth of open waters of the U.S. at the crossing, as compared to the upstream and downstream open waters the project proponent shall submit design plans and documentation to EPA Region 9, the correlating Tribal government, and the authorizing Corps District. The documentation shall include:
• Information on why it is not practicable to approximate the pre-construction ordinary high water mark channel width and depth of the upstream and downstream open waters, and
• Documentation demonstrating that the reduction in the pre-construction bankfull width and the channel depth would not result in adverse effects to water quality and aquatic resource functions and services. Adverse effects may include, but are not limited to erosion, degredation, and increased water velocity. Functions and services to be considered include but are not limited to short- or long-term surface water storage, subsurface water storage, moderation of groundwater flow or discharge, dissipation of energy, cycling of nutrients, removal of elements and compounds, retention of particulates, export of organic carbon, and maintenance of plant and animal communities.

Projects that may result in an adverse effect because of reduction in channel width, depth, or open water shall request a project-specific 401 certification.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: This condition is necessary to ensure the authorized activity will result in only minimal impacts to water quality and the aquatic ecosystem through obstruction of flow or other reductions in physical characteristics related to water circulation. This condition is necessary to require project-specific CWA Section 401 WQC review so EPA Region 9 can ensure that projects will be conditioned to avoid and minimize adverse impacts to comply with water quality requirements.

Citation(s) that authorizes this condition: 40 CFR § 230.10 and 40 CFR § 230.72 NWP-27 Aquatic Habitat Restoration, Establishment, and Enhancement Activities NWP-27 is conditionally certified subject to the General Conditions above, and the following specific conditions.

Condition (a): To document that the project results in a net increase in aquatic functions and services, the project proponent shall submit a project monitoring and adaptive management plan to EPA Region 9, the correlating Tribal government, and the authorizing Corps District. The plan shall include:
• Goals and objectives of the project;
• Specific performance metrics that will be used to evaluate the success of meeting those goals and objectives;
• Monitoring methods or techniques (including timing and duration) used to evaluate the progress towards achieving the desired increase in aquatic functions and services; and • Adaptive management techniques and reporting processes to be implemented if the project is not meeting net increase performance metrics.

Functions and services to be considered in the justification include, but are not limited to, short- or long-term surface water storage, subsurface water storage, moderation of groundwater flow or discharge, dissipation of energy, cycling of nutrients, removal of elements and compounds, retention of particulates, export of organic carbon, and maintenance of plant and animal communities.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: Minimization of adverse effects on populations of plants and animals can be achieved by using planning and construction practices to institute habitat development and restoration to produce a new or modified environmental state of higher ecological value by displacement of some or all the existing environmental characteristics. Habitat development and restoration techniques can be used to minimize adverse impacts and to compensate for destroyed habitat. The project proponent will complete pre-planning, monitoring, maintenance, reporting and adaptive management to achieve site restoration and enhancement.

Citation(s) that authorizes this condition: 40 CFR § 230.10(d); 40 CFR § 230.72; 40 CFR § 230.75
Condition (b): For removal of small water control structures authorized under NWP 27, to ensure that effective implementation measures are employed for the prevention of uncontrolled discharges and water quality violations, the project proponent shall conduct pre-disturbance site assessment and submit project plans to EPA Region 9, the correlating Tribal government, and the authorizing Corps District. The project plans shall include:
• Methods to remove and dispose of any accumulated sediments stored behind the structure;
• Methods to ensure that the channel bed and banks are stabilized to prevent head-cutting and failure after the structure is removed;
• Stabilization methods that will be implemented to minimize secondary impacts to waters resulting from the removal of the structure; and
• Adaptive management and reporting processes if an unauthorized discharge or water quality violation were to occur
Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements:

This condition is necessary to ensure that physical habitat and hydrologic characteristics of waters are not degraded. Uncontrolled release of sediment could contribute to degradation of water quality, aquatic dependent plants and animals, and loss of capacity of the waterbody to assimilate nutrients and purify water. The project proponent will complete pre-planning, monitoring, maintenance, reporting and adaptive management to ensure that removal of small water control structures complies with water quality requirements.

Citation(s) that authorizes this condition: 40 CFR § 230.10(d); 40 CFR § 230.71; 40 CFR § 230.72; 40 CFR § 230.75
NWP-31 Maintenance of Existing Flood Control Facilities NWP-31 is conditionally certified subject to the General Conditions above, and the following specific condition.

If flood control facilities have levees that support existing jurisdictional non-invasive riparian vegetation, the project proponent shall submit project plans including baseline measurement of the existing vegetative cover, and measures to avoid and minimize impacts to jurisdictional non- invasive riparian vegetation growing on levees to EPA Region 9, the correlating Tribal government, and the authorizing Corps District. Limited removal of riparian vegetation required to access an individual maintenance work area is permitted under this certification, but the removal of jurisdictional non-invasive riparian vegetation from levees as a specific and intended maintenance activity is not authorized and requires a project-specific 401certification. For authorized project activities that remove jurisdictional non-invasive riparian vegetation for access to work areas, the project proponent shall submit a revegetation plan developed using the native vegetative cover baseline, or other appropriate vegetative cover (per Natural Resources Conservation Service, CA Department of Fish and Wildlife, etc. guidelines), to EPA Region 9, the correlating Tribal government, and the authorizing Corps District.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: Riparian vegetation can provide many benefits for water quality such as bank stabilization and ground cover protecting slopes from rain-induced surface erosion. In cases where levees are composed of largely uncohesive materials, root-reinforcement provides significant support to the soil matrix, whilst additionally reducing shear stresses acting on the soil from flowing water and protecting the levee from rainfall impact and runoff. Riparian vegetation also provides for other beneficial uses including aesthetics, habitat and protection for fish and wildlife species and overall improved complexity to the river system. This condition is necessary to ensure activities authorized under this permit will not result in more than minimal impacts to water quality and beneficial uses.

Citation(s) that authorizes this condition: 40 CFR § 230.10; 40 CFR § 230.72, 40 CFR § 230.75
NWP-33 Temporary Construction, Access, and Dewatering
NWP-33 is conditionally certified subject to the General Conditions above, and the following specific condition.

New temporary access roads shall be no more than 20 feet wide and shall be designed to minimize changes to the hydraulic flow characteristics of the stream and degradation of water quality.

Temporary access roads are those that are in place for no more than one growing season.

The following site management and construction practices shall be followed to ensure that flow and circulation patterns of waters are not impaired and adverse effects on the aquatic environment are minimized:
• The temporary road or access shall be stabilized, monitored, and maintained during and following construction to prevent erosion. Stabilization materials that are damaged shall be repaired or modified within 24 hours of damage to protect water quality. • Mats shall be used in temporary access and construction occurring in wetlands and ephemeral streams. Mat should be in good condition and installed with minimal dragging to reduce soil disturbance.
• The boundaries of temporary access within waters and wetlands shall be clearly marked by flagging, orange construction fencing, or other visible marking method to minimize the impacts by heavy equipment.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: This measure is included to ensure that temporary access roads and dewatering activities minimize potential adverse impacts of the discharge on water quality and the aquatic ecosystem. Heavy equipment can compress wetland soils and result in decreased wetland function. Mats spread out the weight of heavy equipment so the soil is not compressed and can prevent ruts and other destructive impacts. In stream crossings, mats are used to reduce soil disturbance and prevent excessive rutting. Visible marking of the wetlands and water boundaries minimizes impacts that can result in ruts, erosion, and other negative impacts to water quality. Fill impacts that last longer than one growing season can have permanent reductions on ecosystem function and permanent loss of habitat to aquatic plants and animals.

Citation(s) that authorizes this condition: 40 CFR § 230.10; 40 CFR § 230.72; 40 CFR § 230.75
NWP-37 Emergency Watershed Protecting and Rehabilitation NWP-37 is conditionally certified subject to the General Conditions above, and the following specific conditions.

Condition (a): Construction activities shall not result in the permanent channelization of streams or sloughs. Channelization is defined, for this purpose, as the placement of excess material in a manner that modifies the bank alignment, and subsequently the channel alignment, from its pre- emergency condition. Permanent for the purposes of this conditional certification are impacts to waters lasting more than one growing season.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: The discharge of dredged or fill material which alters the contours of a waterbody and/or its riparian zone can lead to increased erosion and sediment loads to the waterbody and the loss or change of habitat and preferred food sources for wildlife species associated with the aquatic ecosystem.

Citation(s) that authorizes this condition: 40 CFR § 230.10(d); 40 CFR § 230.73; 40 CFR § 230.75; 40 CFR § 230.76
Condition (b): Construction of temporary structures or drains for the purpose of reducing or preventing flood damage shall be removed within 60 days following the completion of the permitted action.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: This measure is included to ensure that temporary activities minimize potential adverse impacts of the discharge on water quality and the aquatic ecosystem. Dredge and fill impacts in response to emergency that are in place after the permitted action are complete can have permanent reductions on ecosystem function and permanent loss of habitat to aquatic plants and animals.

Citation(s) that authorizes this condition: 40 CFR § 230.10; 40 CFR § 230.73; 40 CFR § 230.75
NWP-41 Reshaping Existing Drainage Ditches
NWP-41 is conditionally certified subject to the General Conditions above, and the following specific conditions.

Condition (a): To document that the modification of existing drainage and irrigation ditches results in improvement to water quality, the project proponent shall submit project plans and documentation to EPA Region 9, the correlating Tribal government, and the authorizing Corps District. The documentation shall include:
• Water quality improvements that are expected from implementation of the project. These may include, but are not limited to, improvement in water characteristics such as pH, dissolved oxygen, or temperature, and/or a decrease in pollutants, algal blooms, etc. • Construction and modification methods or techniques that are expected to result in water quality improvement
• Monitoring methods and/or techniques to evaluate progress in improving water quality Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: This condition is necessary to ensure the authorized activity will improve water quality as required by the NWP. Water movements including current and water circulation are the physical movements of water that
affect aquatic ecosystem. Reshaping of existing drainages ditches should result in improvement of environmental characteristics and values related to water flow circulation by removing obstructions or otherwise changing the dimensions of a water body.

Citation(s) that authorizes this condition: 40 CFR § 230.23 Condition (b): All side-cast materials from excavation shall be removed from unstable slopes and disposed of within non-jurisdictional areas. Sidecast material that is incorporated into authorized activities shall be placed to avoid erosion, slumping, or leaching of materials into the surrounding aquatic features. Depending on topographic and precipitation conditions, side-cast materials may need to be contained by silt fencing, or other containment control materials to prevent point source pollution into the adjacent drainage ditch.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: Disposal sites adjacent to
aquatic features have the potential for erosion, slumping or leaching of materials into the surrounding aquatic ecosystem unless properly sited or controlled. Unstable slopes may slump and introduce material in ditches, which increases turbidity. Disposal of side-cast material from excavation of existing drainage ditches placed in jurisdictional wetlands constitutes a fill that can adversely affect water quality and the aquatic environment and is not authorized under this certification.

Citation(s) that authorizes this condition: 40 CFR § 230.10; 40 CFR § 230.72 NWP-45. Repair of Uplands Damaged by Discrete Events
NWP-45 is conditionally certified subject to the General Conditions above, and the following specific condition.

For any activities that include bank stabilization to protect restored uplands, the project proponent shall use bioengineering techniques for bank stabilization activities instead of hard armoring; this may be either the sole use of native vegetation or other bioengineered design techniques (e.g., willow plantings, root wads, large woody debris, etc.) or a combination of hard- armoring (e.g., rock) and native vegetation or bioengineered design techniques. If it is not possible to solely rely on bioengineering techniques, the project proponent shall submit project plans to EPA Region 9, the correlating Tribal government, and the correlating authorizing Corps District. Projects consisting entirely of riprap or similar rock techniques are limited to 300 linear feet under this conditional certification; project proponents with riprap or similar rock activities over 300 linear feet shall request a project-specific water quality verification. For both partially bioengineered projects, and those composed of riprap, the project plans shall describe the design techniques and stabilization methods assessed to determine the final project design. If the project proponent did not consider bioengineering techniques in the submitted project design, they shall request a project-specific water quality certification. The use of soil cement, concrete, and grouted rip-rap hard armoring methods are not authorized under this certification and project proponents shall submit a request for a project-specific water quality certification.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements: The use of native vegetation and bioengineering is necessary to ensure the activity incorporates appropriate measures to that will minimize potential adverse impacts of the discharge on water quality and the aquatic ecosystem.

Planning and construction practices can be used to minimize adverse impacts to plants and animals and can compensate for destroyed habitat. This condition is necessary to provide the project proponent with clarity on how to meet appropriate soil erosion and sediment controls, as required by NWPs General Condition 12. These appropriate and practicable alternatives often include more ecologically beneficial soft or bioengineering techniques. In conjunction with other bank stabilization practices, this condition will ensure water quality impacts from potential discharges of dredged or fill material are minimized. As a result, this condition is necessary to require individual CWA Section 401 WQC review so EPA Region 9 can ensure that projects will be conditioned to avoid and minimize adverse impacts to comply with water quality requirements. Native vegetation and natural materials and structures, such as biodegradable erosion control blankets, staking and live cutting, biologs, coir fiber rolls, brush mattresses, etc. can be effective erosion control measures are when installed properly under the right conditions.

Projects without bioengineering are limited to 300 linear feet due to the negative impacts of hard armoring on aquatic habitat functions and water quality. 300 linear feet is the previous restriction in the NWPs without waiver by the District Engineer and is supported by years of data on minimal adverse impacts to the aquatic environment.

Citation(s) that authorizes this condition: 40 CFR § 230.10(d); 40 CFR § 230.71; 40 CFR § 230.72; 40 CFR § 230.75
NWP-46 Discharges in Ditches
NWP 46 is conditionally certified, subject to the general conditions listed above, except for the following projects, where an individual project-specific water quality certification is required, when impacts to non-tidal waters of the U.S., including intermittent and ephemeral streams are greater than 0.5 acre.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements:

Drainages, including ditches, in the Arid West are typically narrow. For example, typical roadway ditches designed by AZDOT are between 2-10” wide. Because of the narrow width typical of ditches in the Arid West, measurement by area can result in many linear feet of impact relative to other regions of the U.S. The 0.5 acre limit is necessary to regionalize the 401 certification for this condition due to the resource types and typical practices. This condition is necessary to ensure that physical habitat and hydrologic characteristics of waters are not degraded. Discharge of large amounts of fill material in intermittent and ephemeral streams could contribute to degradation of water quality, aquatic dependent plants and animals, and loss of capacity of the waterbody to assimilate nutrients, purify water, or reduce wave energy.

Citation(s) that authorizes this condition: 40 CFR § 230.10; 40 CFR § 230.70 Waived (121.9(a)(1)):

On behalf of 123 federally recognized tribes within the purview of EPA Region 9, EPA is expressly waiving its authority to act on the CWA Section 401 certification request for the following proposed NWPs:

NWPs: 4, 15, 16, 17, 22, 30, 34, 49, 53, 54
Summary Table
General Permit 2021 EPA 401
Certification

1. Aids to Navigation No cert. request

2. Structures in Artificial Canals No cert. request

3. Maintenance Certify with Conditions

4. Fish and Wildlife Harvesting, Enhancement,
Attraction Devices and Activities
Waived

5. Scientific Measurement Devices Certify with Conditions

6. Survey Activities Certify with Conditions

7. Outfall Structures and Associated Intake Structures Certify with Conditions

8. Oil and Gas Structures on the Outer Continental Shelf No cert. request

9. Structures in Fleeting and Anchorage Areas No cert. request

10. Mooring buoys No cert. request

11. Temporary Recreation Structures No cert. request

13. Bank Stabilization Certify with Conditions

14. Linear Transportation Projects Certify with Conditions

15. U.S. Coast Guard Approved Bridges Waived

16. Return Water from Upland Contaminated Disposal
Areas
Waived

17. Hydropower Projects Waived

18. Minor Discharges Certify with Conditions

19. Minor Dredging Certify with Conditions

20. Response Operations for Oil or Hazardous
Substances
Certify with Conditions

22. Removal of Vessels Waived

23. Approved Categorical Exemptions Certify with Conditions

24. Indian Tribe or State Administered Section 404
Program
No cert. request

25. Structural Discharges Certify with Conditions

27. Aquatic Habitat Restoration, Enhancement and
Establishment Activities
Certify with Conditions

28. Modifications of Existing Marinas No cert. request

30. Moist Soil Management for Wildlife Waived

31. Maintenance of Existing Flood Control Facilities Certify with Conditions

32. Completed Enforcement Actions Certify with Conditions

33. Temporary Construction, Access, and Dewatering Certify with Conditions

34. Cranberry Production Activities Waived

35. Maintenance Dredging of Existing Basins No cert. request

36. Boat Ramps Certify with Conditions

37. Emergency Watershed Protection and Rehabilitation Certify with Conditions

38. Cleanup of Hazardous and Toxic Waste Certify with Conditions

41. Reshaping Existing Drainage Ditches Certify with Conditions

45. Repair of Uplands Damaged by Discrete Events Certify with Conditions General Permit 2021 EPA 401
Certification

46. Discharges in Ditches Certify with Conditions

49. Coal Remining Activities Waived

53. Removal of Low Head Dams Waived

54. Living Shorelines Waived

59. Water Reclamation and Reuse Facilities Certify with Conditions

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX
75 Hawthorne Street
San Francisco, CA 94105-3901
Brigadier General Paul E. Owen
Division Engineer, South Pacific Division
U.S. Army Corps of Engineers
1455 Market Street
San Francisco, CA 94103-1398
Dear General Owen
The U.S. Environmental Protection Agency Region 9 has responsibility under section 401 of the Clean Water Act (CWA) to evaluate and certify water quality protections for federal permits or licenses issued for work on tribal lands (40 CFR 121.13(a)). We have reviewed the U.S. Army Corps of Engineers (Corps) Federal Register notice dated September 15, 2020, announcing the proposed issuance of the Corps’ CWA Section 404 Nationwide Permits (NWPs). We have also reviewed the regional conditions proposed for each District within the South Pacific Division and transmit our
programmatic water quality certification of these general permits. The enclosed conditions of the NWPs become binding requirements of NWPs issued for work on tribal lands within EPA Region 9.1,2 Please instruct your regulatory staff to provide this certification to anyone contacting the Corps with applicable projects.

Based on
review of the materials provided by the Corps, EPA made a determination whether potential discharges authorized by the proposed NWPs will comply with applicable provisions of Sections 301, 302, 303, 306 and 307 of the CWA. In summary, of the 57 proposed active permits, EPA is conditionally certifying 19 NWPs, denying 12 NWPs , and waiving certification for 15 NWPs.

The Corps is not requesting certification for 11 NWPs.
3 The 401 certification conditions are necessary
to assure that potential discharges authorized by the NWPs will comply with applicable water quality requirements. A table summarizing the certification status for each NWP, is included in the attached certification. The attached programmatic 401 certification will remain in effect 1 This water quality certification does not apply to activities proceeding in the territories of the 23 tribes in Region 9 that have been approved as Section 401 certifying authorities —the Navajo Nation, Hualapai Tribe, 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 the Owen Valley, Rincon Band of Luiseno Indians, Cabazon, Quartz Valley, Karuk and White Mountain Apache Tribe. In limited circumstances some lands within tribal boundaries fall outside a tribe’s Section 401 certifying authority and are subject to this certification.
2 Consistent with the EPA Policy on Consultation and Coordination with Indian Tribes, EPA sent a letter dated September 29, 2020, offering to consult with tribes in Region 9 on this certification. EPA did not receive any formal requests for consultation or any written comments on the draft certification.
3 The 11 NWPs are as follows: 1, 2, 8, 9, 10 11, 24, 28, 35, A, B. 2 period of the 2020 NWPs and will be re-evaluated when the NWPs are next proposed for reissuance and revisions in 2025.

If a project fails to meet the enclosed conditions, the applicant must contact EPA Region 9 for individual project certification. Please advise project proponents who seek authorization under the NWPs for individual project certification on tribal lands within EPA Region 9 to submit their questions, pre-filing meeting requests, and subsequent 401 certification requests when required to: [email protected].

Thank you for your ongoing partnership in implementing the regulatory programs of the CWA. Please contact me at (415) 972-3337 with any questions regarding this conditional certification, or have your staff contact Elizabeth Goldmann at (415) 972-3398 or [email protected].

Sincerely,
Tomás Torres
Director
Water Division
Enclosure:

U.S. Environmental Protection Agency Region 9’s Programmatic Clean Water Act Section 401 Certification of the 2020 Nationwide Permits for Projects on Applicable Tribal Lands in California, Nevada, Arizona and Navajo Allottee Lands
cc:

All federally recognized Indian Tribes within EPA Region 9 James Mazza, Regulatory Branch Chief, San Francisco District Michael Jewel, Regulatory Branch Chief, Sacramento District David Castanon, Regulatory Branch Chief, Los Angeles District Kelly Allen, Regulatory Branch Chief, Albuquerque District Wade Eakle, Corps, South Pacific Division
Trevor Baggiore, Arizona Department of Environmental Quality Paul Hann, California State Water Resources Control Board Birgit Widegren, Nevada Division of Environmental Protection Enclosure
U.S. Environmental Protection Agency Region 9’s Programmatic Clean Water Act Section 401 Certification of the 2020 Nationwide Permits for Projects on applicable Tribal Lands in California, Nevada, Arizona and Navajo Allottee Lands
This Certification applies to any potential point source discharges from potential projects authorized under the proposed re-issuance of the following U.S. Army Corps of Engineers (Corps) CWA 404 Nationwide Permits (NWPs) into waters of the United States that occur within applicable tribal lands in California, Nevada, Arizona and Navajo Allottee land in the corresponding Sacramento, San Francisco, Los Angeles and Albuquerque Corps Districts: NWP 3, 4, 5, 6, 7, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 27, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, C, and D, and E.

The Corps is not requesting
certification for 11 NWPs: 1, 2, 8, 9, 10, 11, 24, 28, 35, A, and B.

Section 401(a)(1) of the CWA requires applicants for Federal permits and licenses that may result in discharges into waters of the United States, to obtain certification that any such discharges will comply with applicable provisions of the CWA, including Sections 301, 302, 303, 306 and 307.

Where no state agency or tribe has authority to give such certification, U.S. Environmental Protection Agency (EPA) Region 9 is the certifying authority. In this case, the EPA is making the certification decision for potential discharges that may result from the projects authorized under the proposed Corps CWA 404 NWPs listed above.
1 Project Description
The Corps is proposing to re-issue its existing NWPs and associated general conditions and definitions, with some modifications. The Corps states that it is “proposing these modifications to simplify and clarify the NWPs, reduce burdens on the regulated public, and continue to comply with the statutory requirement that these NWPs authorize only activities with no more than minimal individual and cumulative adverse environmental effects.” 85 FR 57298. For more

1 This water quality certification does not apply to activities proceeding in the territories of the 23 tribes in Region 9 that have been approved as Section 401 certifying authorities —the Navajo Nation, Hualapai Tribe, 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 the Owen Valley, Rincon Band of Luiseno Indians, Cabazon, Quartz Valley, Karuk and White Mountain Apache Tribe. In limited circumstances some lands within tribal boundaries fall outside a tribe’s Section 401 certifying authority and are subject to this certification.

USEPA Region 9 Programmatic CWA§401 Certification of the 2020 NWPs for projects on applicable tribal lands 2 details: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and- Permits/Nationwide-Permits/.

General Information
The general information provided in this section does not constitute a certification condition(s).

The project proponents for potential projects authorized under the NWPs are responsible for obtaining all other permits, licenses, and certifications that may be required by federal, state, or tribal authorities.

Copies of this certification shall be kept on the job site and readily available for reference.

The project proponent for potential projects authorized under the NWP are encouraged to contact EPA Region 9 during the project planning phase if there are any questions about relevant best management practices (e.g., bioengineering techniques, biodegradable erosion control measures, revegetation using native plant species, suitable fill materials, and disposal of debris/construction materials preventing runoff) and resources that can assist with compliance.

Prior to work commencing, project proponents should notify the appropriate Tribal Environmental Office.

Project proponents for potential projects should also notify the appropriate Tribal Office and EPA Region 9 if spills or unauthorized discharges occur during the project.

Pursuant to CWA section 308(a), EPA Region 9 representatives are authorized to inspect the authorized activity and any mitigation areas to determine compliance with the terms and conditions of the NWP.

If you have questions regarding this certification, please contact EPA Region 9 at:

[email protected].

Granted with Conditions (121.7(d)(2)):

On behalf the 125 federally recognized tribes with tribal lands within Region 9, CWA Section 401 certification, for the following proposed NWPs, is granted with conditions. EPA Region 9 has determined that any discharge authorized under the following proposed NWPs will comply with water quality requirements, as defined at 40 CFR 121.1(n), subject to the following conditions pursuant to Section 401(d).

NWPs 5, 6, 7, 18, 19, 20, 23, 25, 27, 32, 33, 36, 37, 38, 41, 43, 45, 53, and E.

Condition 1 – Notification to EPA
All applicants must provide notice to EPA Region 9 prior to commencing construction to provide EPA Region 9 with the opportunity to inspect the activity for the purposes of determining whether any discharge from the proposed project will violate this water quality certification. Where the Corps requires a PCN for the applicable NWP, the applicant should also provide the PCN to USEPA Region 9 Programmatic CWA§401 Certification of the 2020 NWPs for projects on applicable tribal lands 3 Region 9. Within 30 days, EPA Region 9 will provide written verification to the applicant that the proposed project will not violate the water quality certification of the NWP.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements:

This condition is necessary to provide EPA Region 9 with notice and information to allow for an efficient and effective pre-operation inspection to determine if the certified discharge will violate the certification. If the project scope changes during the Corps review prior to initiation of the activity, it is also critical for EPA Region 9 to be provided any changes in the project design, scope, amount and location of discharges to inform the pre-operation inspection opportunity as provided by 40 CFR 121.11(a).

Citation(s) that authorizes this condition: 40 CFR 121.11(a) Condition 2 – Projects or Activities Discharging to Impaired Waters Projects or activities are not authorized under the NWPs if the project will involve point source discharge into an active channel of a water of the U.S. identified as a section 303(d) or TMDL listed impaired waterbody and the discharge may result in further exceedance of a specific parameter (e.g. total suspended solids, dissolved oxygen, temperature) for which the waterbody is listed. The current lists of 303(d) and TMDL listed waterbodies are available on EPA Region 9’s web site at: https://www.epa.gov/tmdl/impaired-waters-and-tmdls-pacific-southwest-region-9.

Why the condition is necessary to assure that any discharge authorized under the general license or permit will comply with water quality requirements:

A 303(d) listed waterbody is impaired due to the cumulative effects of discharges of pollutants.

The NWPs do not provide necessary activity specific information to determine compliance with specific water quality requirements, such as limits on total suspended solids, temperature, dissolved oxygen, nutrients, or pH for which a specific waterbody could be listed as impaired. Site specific analysis is required to determine whether water quality requirements are met in the active channel of a water of the U.S. identified as a section 303(d) or TMDL listed impaired waterbody. 2 Citation(s) that authorizes this condition: CWA section 303(d)

Denied (121.7(e)(2))
On behalf of the 125 federally recognized tribes with tribal lands within EPA Region 9, EPA Region 9 cannot certify that the range of discharges from potential projects authorized under the following proposed NWPs will comply with water quality requirements, as defined in 40 CFR 121.1(n). Therefore, CWA Section 401 water quality certification is denied for NWPs 3, 12, 13, 14, 29, 39, 40, 42, 44, 51, C and D, and applicants must request an individual water quality certification, consistent with 40 CFR 121.5.

Certification denial is due to insufficient information. 40 CFR 121.7(e)(2)(iii). In EPA’s unique role certifying on behalf of a tribe, in a tribal jurisdiction where EPA is not the regulator, EPA lacks important information about tribal water resources. In the case of the 125 federally

2For example, Granite Creek in Arizona, a 303(d) listed as impaired for e. coli, runs through Yavapai Prescott Indian Reservation.

USEPA Region 9 Programmatic CWA§401 Certification of the 2020 NWPs for projects on applicable tribal lands 4 recognized tribes with tribal lands within EPA Region 9, EPA Region 9 lacks sufficient information on sensitive resources that may exist on these tribal lands, potential impaired waters on these tribal lands, and potential cultural importance of the water resources on these tribal lands.

Additional information on these specific subjects would be needed for EPA Region 9 to assure that the range of discharges from potential projects authorized under NWPs 3, 12, 13, 14, 29, 39, 40, 42, 44, 51, C, and D will comply with water quality requirements, as defined in 40 CFR 121.1(n).

This information would also be necessary for EPA Region 9 to identify specific water quality requirements and evaluate whether the range of discharges from potential projects will comply with such requirements, in accordance with CWA section 401(a)(1) and 40 CFR 121.7(b). Lacking this information, EPA Region 9 is therefore denying certification.

Waived (121.9(a)(1)):

On behalf of the 125 federally recognized tribes with tribal lands within U.S. Environmental Protection Agency (EPA) Region 9, EPA Region 9 is expressly waiving its authority to act on the CWA Section 401 certification request for the following proposed NWPs:

NWPs 4, 15, 16, 17, 21, 22, 30, 31, 34, 46, 48, 49, 50, 52, 54 Summary Table – EPA Region 9 CWA § 401 Certification of NWPs NWP
Certification Status Specific Conditions
Certified with
Conditions Denial Waived
NWPs the Corps
is not
Requesting
Certification

1 X
2 X
3 X
4 X
5 X Notice to EPA, NWP not
applicable to 303(d) listed waters
6 X Notice to EPA, NWP not
applicable to 303(d) listed waters
7 X Notice to EPA, NWP not
applicable to 303(d) listed waters
8 X
9 X
10 X
11 X
12 X
13 X
14 X
USEPA Region 9 Programmatic CWA§401 Certification of the 2020 NWPs for projects on applicable tribal lands 5 15 X
16 X
17 X
18 X Notice to EPA, NWP not
applicable to 303(d) listed waters
19 X Notice to EPA, NWP not
applicable to 303(d) listed waters
20 X Notice to EPA, NWP not
applicable to 303(d) listed waters
21 X
22 X
23 X Notice to EPA, NWP not
applicable to 303(d) listed waters
24 X
25 X Notice to EPA, NWP not
applicable to 303(d) listed waters
26 Reserved. This
NWP is no longer
in use.

27 X Notice to EPA, NWP not
applicable to 303(d) listed waters
28 X
29 X
30 X
31 X
32 X Notice to EPA, NWP not
applicable to 303(d) listed waters
33 X Notice to EPA, NWP not
applicable to 303(d) listed waters
34 X
35 X
36 X Notice to EPA, NWP not
applicable to 303(d) listed waters
37 X Notice to EPA, NWP not
applicable to 303(d) listed waters
38 X Notice to EPA, NWP not
applicable to 303(d) listed waters
39 X Notice to EPA, NWP not
applicable to 303(d) listed waters
40 X
41 X Notice to EPA, NWP not
applicable to 303(d) listed waters
42 X
43 X
44 X
USEPA Region 9 Programmatic CWA§401 Certification of the 2020 NWPs for projects on applicable tribal lands 6 45 X Notice to EPA, NWP not
applicable to 303(d) listed waters
46 X
47 Reserved. This
NWP is no longer
in use.
48 X
49 X
50 X
51 X
52 X
53 X Notice to EPA, NWP not
applicable to 303(d) listed waters
54 X
A X
B X
C X
D X
E X Notice to EPA, NWP not
applicable to 303(d) listed waters

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 Sacramento 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.

ENCLOSURE 2
Ryan Larson 2
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 Ryan Larson 3
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 Ryan Larson 4
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 Ryan Larson 5
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.

Ryan Larson 6
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 Ryan Larson 7
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.

Ryan Larson 8
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 Ryan Larson 9
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 Ryan Larson 10
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 Ryan Larson 11
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 Ryan Larson 12
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

Ryan Larson 13

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.

Central Valley Regional Water Quality Control Board
24 December 2021
William Busath
Sacramento City Department of Utilities
1395 35th Avenue
Sacramento, CA 95822

CLEAN WATER ACT SECTION 401 TECHNICALLY CONDITIONED WATER QUALITY CERTIFICATION; SACRAMENTO CITY DEPARTMENT OF UTILITIES, SUMP STATION FACILITIES IMPROVEMENT SUMP 089 PROJECT
(WDID#5A34CR00831), SACRAMENTO COUNTY
This Order responds to the 14 September 2021 application submitted by Sacramento City Department of Utilities (Applicant) for the Water Quality Certification of the Sump Station Facilities Improvement Sump 089 Project (Project), temporarily impacting 0.07 acre of waters of the United States.

This Order serves as certification of the United States Army Corps of Engineers’ Nationwide Permit #7 under Section 401 of the Clean Water Act, and a Waste Discharge Requirement under the Porter-Cologne Water Quality Control Act and State Water Board Order 2003-0017-DWQ.

WATER QUALITY CERTIFICATION STANDARD CONDITIONS:

1. This Water Quality Certification (Certification) is not valid until coverage under Section 404 of the Clean Water Act is obtained. If the Project, including the area of impact (as described) is modified through this process, this Certification will not be valid until amended by the Central Valley Regional Water Quality Control Board (Central Valley Water Board).

2. This Order serves as a Water Quality Certification (Certification) action that is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Section 13330 of the California Water Code and Section 3867 of the California Code of Regulations.

3. This Certification action is not intended and shall not be construed to apply to any discharge from 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 Section 3855(b) of the California Code of Regulations, and the application specifically ENCLOSURE 3
Sacramento City Department of Utilities - 2 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project
identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought.

4. The validity of any non-denial Certification action shall be conditioned upon total payment of the full fee required under Section 3860(c) of the California Code of Regulations.

5. This Certification is no longer valid if the Project (as described) is modified, or coverage under Section 404 of the Clean Water Act has expired.

6. All reports, notices, or other documents required by this Certification or requested by the Central Valley Water Board shall be signed by a person described below or by a duly authorized representative of that person.
a) For a corporation: by a responsible corporate officer such as: 1) a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function; 2) any other person who performs similar policy or decision- making functions for the corporation; or 3) the manager of one or more manufacturing, production, or operating facilities if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

b) For a partnership or sole proprietorship: by a general partner or the proprietor.

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

7. Any person signing a document under Standard Condition number 6 shall make the following certification:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
TECHNICAL CERTIFICATION CONDITIONS:

In addition to the above standard conditions, the Applicant shall satisfy the following:

1. The Applicant shall notify the Central Valley Water Board in writing seven (7) days in advance of the start of any work within waters of the United States.

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2. Except for activities permitted by the United States Army Corps of Engineers under Section 404 of the Clean Water Act, soil, silt, or other organic materials shall not be placed where such materials could pass into surface water or surface water drainage courses.

3. The Applicant shall maintain a copy of this Certification and supporting documentation (Project Information Sheet) at the Project site during construction for review by site personnel and agencies. All personnel (employees, contractors, and subcontractors) performing work on the proposed Project shall be adequately informed and trained regarding the conditions of this Certification.

4. The Applicant shall perform surface water sampling1:
a) when performing any in-water work;
b) in the event that Project activities result in any materials reaching surface waters; or
c) when any activities result in the creation of a visible plume in surface waters.

Monitoring and reporting requirements identified in Table 1 are consistent with the Central Valley Water Board’s authority to investigate the quality of any waters of the state and require necessary monitoring and reporting pursuant to Water Code sections 13267 and 13383. Water Code section 13267 authorizes the regional boards to require any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste to provide technical or monitoring program reports required by the regional board. Water Code section 13383 authorizes the regional boards to establish monitoring, inspection, entry, reporting, and other recordkeeping requirements, as authorized by Water Code section 13160, for any person who discharges, or proposes to discharge, to navigable waters. The burden of preparing these reports, including costs, are reasonable in relation to the need for and benefits from obtaining the reports. The reports confirm that the measures required under this order are sufficient to protect beneficial uses and water quality objectives. The sampling requirements in Table 1 shall be conducted upstream out of the influence of the Project, and 300 feet downstream of the work area. The sampling frequency may be modified for certain projects with written approval from Central Valley Water Board staff.

1 Sampling is not required in wetlands, where the entire wetland is being permanently filled; provided there is no outflow connecting the wetland to surface waters.

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Table 1: Sample Type and Frequency Requirements
Parameter Unit Type of
Sample
Minimum
Sampling
Frequency
Required
Analytical
Test Method
Turbidity NTU Grab2
Every 4 hours
during in-water
work
3, 4
Visible
construction
related
pollutants5
Observations Visual
Inspections
Continuous
throughout the
construction
period
NA
Surface water sampling shall occur at mid-depth. A surface water monitoring report shall be submitted within two weeks of initiation of in-water construction, and every two weeks thereafter. In reporting the sampling data, the Applicant shall arrange the data in tabular form so that the sampling locations, date, constituents, and concentrations are readily discernible. The data shall be summarized in such a manner to illustrate clearly whether the Project complies with Certification requirements. The report shall include surface water sampling results, visual observations, and identification of the turbidity increase in the receiving water applicable to the natural turbidity conditions specified in the turbidity criteria below.

If no sampling is required, the Applicant shall submit a written statement stating, “No sampling was required” within two weeks of initiation of in-water construction, and every two weeks thereafter.

5. The Central Valley Water Board adopted a Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, Fifth Edition, revised May 2018 (Basin Plan) that designates beneficial uses, establishes water quality objectives, and contains implementation programs and policies to achieve those objectives for

2 Grab samples shall not be collected at the same time each day to get a complete representation of variations in the receiving water.
3 Pollutants shall be analyzed using the analytical methods described in 40 Code of Federal Regulations Part 136, where no methods are specified for a given pollutant, the method shall be approved by Central Valley Water Board staff. 4 A hand-held field meter may be used, provided the meter utilizes a USEPA-approved algorithm/method and is calibrated and maintained in accordance with the manufacturer’s instructions. A calibration and maintenance log for each meter used for monitoring shall be maintained onsite.
5 Visible construction-related pollutants include oil, grease, foam, fuel, petroleum products, and construction-related, excavated, organic or earthen materials.

Sacramento City Department of Utilities - 5 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project
all waters addressed through the plan. Turbidity limits are based on water quality objectives contained in the Basin Plan and are part of this Certification as follows:

6. Waters shall not contain oils, greases, waxes, or other materials in concentrations that cause nuisance, result in a visible film or coating on the surface of the water or on objects in the water, or otherwise adversely affect beneficial uses.

7. Activities shall not cause turbidity increases in surface water to exceed:
a) where natural turbidity is less than 1 Nephelometric Turbidity Units (NTUs), controllable factors shall not cause downstream turbidity to exceed 2 NTUs;
b) where natural turbidity is between 1 and 5 NTUs, increases shall not exceed 1 NTU;
c) where natural turbidity is between 5 and 50 NTUs, increases shall not exceed 20 percent;
d) where natural turbidity is between 50 and 100 NTUs, increases shall not exceed 10 NTUs; and
e) where natural turbidity is greater than 100 NTUs, increases shall not exceed 10 percent.

In determining compliance with the above limits, appropriate averaging periods may be applied provided that beneficial uses will be fully protected. Averaging periods may only be used with prior permission of the Central Valley Water Board Executive Officer.

8. The Applicant shall notify the Central Valley Water Board immediately if the above criteria for turbidity or other water quality objectives are exceeded.

9. In-water work shall occur during periods of no precipitation when the work area is naturally dry or after the work area has been completely dewatered.

The Applicant shall perform surface water sampling in accordance with Technical Certification Condition No. 4, if any of the following conditions occur: 1) in-water work is conducted during an unanticipated flow event; 2) Project activities result in any materials reaching surface waters; or 3) Project activities result in the creation of a visible plume in surface waters.

10. Activities shall not cause visible oil, grease, or foam in the receiving water.

11. Refueling of equipment within the floodplain or within 300 feet of the waterway is prohibited. If critical equipment must be refueled within 300 feet of the waterway, spill prevention and countermeasures must be implemented to avoid spills.

Refueling areas shall be provided with secondary containment including drip pans and/or placement of absorbent material. No hazardous materials, pesticides, fuels, lubricants, oils, hydraulic fluids, or other construction-related potentially hazardous substances should be stored within a floodplain or within 300 feet of a waterway.

The Applicant must perform frequent inspections of construction equipment prior to Sacramento City Department of Utilities - 6 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project
utilizing it near surface waters to ensure leaks from the equipment are not occurring and are not a threat to water quality.

12. The Applicant shall develop and maintain onsite a project-specific Spill Prevention, Containment and Cleanup Plan outlining the practices to prevent, minimize, and/or clean up potential spills during construction of the Project. The Plan must detail the Project elements, construction equipment types and location, access and staging and construction sequence.

13. Raw cement, concrete (or washing thereof), asphalt, drilling fluids, lubricants, paints, coating material, oil, petroleum products, or any other substances which could be hazardous to fish and wildlife resulting from or disturbed by project-related activities, shall be prevented from contaminating the soil and/or entering waters of the United States.

14. The discharge of petroleum products, any construction materials, hazardous materials, pesticides, fuels, lubricants, oils, hydraulic fluids, raw cement, concrete, asphalt, paint, coating material, drilling fluids, or other construction-related potentially hazardous substances to surface water and/or soil is prohibited. In the event of a prohibited discharge, the Applicant shall notify the Central Valley Water Board Contact within 24-hours of the discharge pursuant to section 13271 of the Water Code, which requires immediate notification of the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the state toxic disaster contingency plan adopted pursuant to Article 3.7 (commencing with Section 8574.16) of Chapter 7 of Division 1 of Title 2 of the Government Code. “Hazardous materials” is defined under Health and Safety Code section 25501.

15. 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 a site, washout containment to prevent any discharge shall be used. Wastewater may only be disposed by delivery to a sanitary wastewater collection system/facility (with authorization from the facility’s owner or operator) or a properly licensed disposal or reuse facility.

16. Silt fencing, straw wattles, or other effective management practices must be used along the construction zone to minimize soil or sediment along the embankments from migrating into the waters of the United States through the entire duration of the Project.

17. The use of netting material (e.g., monofilament-based erosion blankets) that could trap aquatic dependent wildlife is prohibited within the Project area.

18. All areas disturbed by Project activities shall be protected from washout and erosion.

19. All temporarily affected areas shall be restored to pre-construction contours and conditions upon completion of construction activities.

Sacramento City Department of Utilities - 7 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project

20. Hydroseeding shall be performed with California native seed mix.

21. All materials resulting from the Project shall be removed from the site and disposed of properly.

22. This Certification does not allow permanent water diversion of flow from the receiving water. This Certification is invalid if any water is permanently diverted as a part of the project.

23. If water is present, the area must be dewatered prior to the start of work.

24. If temporary surface water diversions and/or dewatering are anticipated, the Applicant shall develop and maintain on-site a Surface Water Diversion and/or Dewatering Plan(s). The Plan(s) must be developed prior to initiation of any water diversions. The Plan(s) shall include the proposed method and duration of diversion activities. The Plan(s) must be consistent with this Certification and must be made available to the Central Valley Water Board staff upon request.

25. When work in a flowing stream is unavoidable and any temporary dam or other artificial obstruction is being constructed, maintained, or placed in operation, sufficient water shall at all times be allowed to pass downstream, to maintain beneficial uses of waters of the state below the dam. Construction, dewatering, and removal of temporary cofferdams shall not violate Technical Certification Condition 5 of this Certification.

26. If any temporary dam or other artificial obstruction is constructed, the temporary dam or other artificial obstruction shall only be built from clean materials such as sandbags, gravel bags, water dams, or clean/washed gravel which will cause little or no siltation. Stream flow shall be temporarily diverted using gravity flow through temporary culverts/pipes or pumped around the work site with the use of hoses.

27. The Applicant shall apply for a name change or amendment to this Certification should any of the following occur: a) a change in the ownership of all or any portion of the Project; b) any change in the Project description; c) any change involving discharge amounts, temporary impacts, or permanent impacts; or d) amendments, modifications, revisions, extensions, or changes to the United States Army Corps of Engineers’ Nationwide Permit #7, the United States Fish and Wildlife Service decision document(s), or the California Department of Fish and Wildlife Streambed Alteration Agreement.

28. The Applicant shall submit a copy of the final, signed and dated Lake or Streambed Alteration Agreement to the Central Valley Water Board Contact within 14 days of issuance by the California Department of Fish and Wildlife.

29. If Valley elderberry longhorn beetle are discovered within the Project area, the Applicant shall implement the United States Fish and Wildlife Conservation Guidelines for the Valley Elderberry Longhorn Beetle dated 9 July 1999.

Sacramento City Department of Utilities - 8 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project

30. If the Project will involve land disturbance activities of one or more acres, or where the Project disturbs less than one acre but is part of a larger common plan of development that in total disturbs one or more acres, the Applicant shall obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order No. 2009-0009-DWQ for discharges to surface waters comprised of storm water associated with construction activity.

31. If dewatering activities result in groundwater discharges into surface water, the Applicant shall work with the Central Valley Water Board to obtain coverage under an NPDES permit.

32. If dewatering activities result in discharges to land, the Applicant shall work with the Central Valley Water Board to obtain coverage under Waste Discharge Requirements (WDRs).

33. The Conditions in this Certification are based on the information in the attached “Project Information Sheet” and the application package. If the actual project, as described in the attached Project Information Sheet and application package, is modified or changed, this Certification is no longer valid until amended by the Central Valley Water Board.

34. The Applicant shall implement each of the mitigation measures specified in the approved Mitigated Negative Declaration for the Project, as they pertain to biology, hydrology and water quality impacts as required by Section 21081.6 of the Public Resource Code and Section 15097 of the California Code of Regulations.

35. In the event of any violation or threatened violation of the conditions of this Certification, the violation or threatened violation shall be subject to any remedies, penalties, process, or sanctions as provided for under state and federal law, including pursuant to Water Code sections 13368 and 13385. The applicability of any state law authorizing remedies, penalties, process, or sanctions for the violation or threatened violation constitutes a limitation necessary to ensure compliance with this Certification.
(a) If the Applicant or a duly authorized representative of the Project fails or refuses to furnish technical or monitoring reports, as required under this Certification, or falsifies any information provided in the monitoring reports, the applicant is subject to civil liability, for each day of violation, and/or criminal liability pursuant to Water Code sections 13368 and/or 13385.
(b) In response to a suspected violation of any condition of this Certification, the Central Valley Water Board may require the Applicant to furnish, under penalty of perjury, any technical or monitoring reports the Central Valley Water Board deems appropriate, provided that the burden, including cost of the reports, shall be in reasonable relationship to the need for the reports and the benefits to be obtained from the reports.

Sacramento City Department of Utilities - 9 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project
(c) The Applicant shall allow the staff of the Central Valley Water Board, or an authorized representative(s), upon the presentation of credentials and other documents, as may be required by law, to enter the Project premises for inspection, including taking photographs and securing copies of project-related records, for the purpose of assuring compliance with this Certification and determining the ecological success of the Project.

NOTIFICATIONS AND REPORTS:

36. The Applicant shall provide a Notice of Completion (NOC) no later than 30 days after the Project completion. The NOC shall demonstrate that the Project has been carried out in accordance with the Project description in the Certification and in any approved amendments. The NOC shall include a map of the Project location(s), including final boundaries of any on-site restoration area(s), if appropriate, and representative pre and post construction photographs. Each photograph shall include a descriptive title, date taken, photographic site, and photographic orientation.

37. The Applicant shall submit all notifications, submissions, materials, data, correspondence, and reports in a searchable Portable Document Format (PDF).

Documents less than 50 MB must be emailed to:
[email protected]. In the subject line of the email, include the Central Valley Water Board Contact, Project name, and WDID number as shown in the subject line above. Documents that are 50 MB or larger must be transferred to a disk and mailed to the Central Valley Water Board Contact.

CENTRAL VALLEY WATER BOARD CONTACT:

Stephanie Tadlock
Central Valley Regional Water Quality Control Board
11020 Sun Center Drive, Suite 200
Rancho Cordova, CA 95670-8114
[email protected]
(916) 464-4644
CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The City of Sacramento is the Lead Agency responsible for compliance with the California Environmental Quality Act for the Sump Station Facilities Improvement Sump 089 Project pursuant to Section 21000 et seq. of the Public Resources Code. The City of Sacramento approved the Mitigated Negative Declaration on 10 August 2021. The City of Sacramento filed a Notice of Determination with the State Clearinghouse on 19 August 2021(SCH No. 2021030186).

The Central Valley Water Board is a responsible agency for the project. The Central Valley Water Board has determined that the Mitigated Negative Declaration is in accordance with the requirements of the California Environmental Quality Act.

Sacramento City Department of Utilities - 10 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project
The Central Valley Water Board has reviewed and evaluated the impacts to water quality identified in the Mitigated Negative DeclarationThe mitigation measures discussed in the Mitigated Negative Declaration to minimize project impacts to State waters are required by this Certification.

With regard to the remaining impacts identified in the Mitigated Negative Declaration, the corresponding mitigation measures proposed are within the responsibility and jurisdiction of other public agencies.

Sacramento City Department of Utilities - 11 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project
WATER QUALITY CERTIFICATION:

I hereby issue an Order certifying that any discharge from the Sacramento City Department of Utilities, Sump Station Facilities Improvement Sump 089 Project (WDID#5A34CR00831) will comply with the applicable provisions of Section 301 ("Effluent Limitations"), Section 302 ("Water Quality Related Effluent Limitations"), Section 303 ("Water Quality Standards and Implementation Plans"), Section 306 ("National Standards of Performance"), and Section 307 ("Toxic and Pretreatment Effluent Standards") of the Clean Water Act. Through this Order, this discharge is also regulated under State Water Resources Control Board Water Quality Order No. 2003- 0017 DWQ “Statewide General Waste Discharge Requirements For Dredged Or Fill Discharges That Have Received State Water Quality Certification (General WDRs).” Except insofar as may be modified by any preceding conditions, all Certification actions are contingent on: a) the discharge being limited and all proposed mitigation being completed in compliance with the conditions of this Certification, Sacramento City Department of Utilities’ application package, and the attached Project Information Sheet; and b) compliance with all applicable requirements of the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, Fifth Edition, revised May 2018.

Any person aggrieved by this action may petition the State Water Resources Control Board to review the action in accordance with California Water Code Section 13320 and California Code of Regulations, Title 23, Section 2050 and following. The State Water Resources Control Board must receive the petition by 5:00 p.m., 30 days after the date of this action, except that if the thirtieth day following the date of this action falls on a Saturday, Sunday, or state holiday, the petition must be received by the State Water Resources Control Board by 5:00 p.m. on the next business day. Copies of the law and regulations applicable to filing petitions may be found on the State Water Resources Control Board’s Water Quality Petitions webpage

(http://www.waterboards.ca.gov/public_notices/petitions/water_quality) or will be provided upon request.

Patrick Pulupa
Executive Officer
Enclosures: Project Information Sheet
Compliance with Code of Federal Regulations
Attachments: Figure 1 – Project Location Map
Figure 2—Site Impact Map
cc: Distribution List, page 16
Sacramento City Department of Utilities - 12 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project

PROJECT INFORMATION SHEET
Application Date: 14 September 2021
Applicant: William Busath
Sacramento City Department of Utilities
1395 35th Avenue
Sacramento, CA 95822
Applicant Representative: Raymond Kong
Sacramento City Department of Utilities
1395 35th Avenue
Sacramento, CA 95822
Project Name: Sump Station Facilities Improvement Sump 089 Project Application Number: WDID#5A34CR00831
Date on Public Notice: 17 September 2021
Date Application Deemed Complete: 15 November 2021
Date All Information Received: 15 November 2021
Type of Project:

Approved Months of Project Implementation: The Project will be constructed 15 April through 29 October, or as otherwise required by the United States Fish and Wildlife Service, National Marine Fisheries, or Department of Fish and Wildlife.

Project Location: Section 18, Township 7 North, Range 5 East, MDB&M.

Latitude: 38.45848° N and Longitude: 121.4784° W
County: Sacramento County
Receiving Water(s) (hydrologic unit): Morrison Creek, Sacramento Hydrologic Basin, Valley-American Hydrologic Unit #519.11 Franklin HSA
Water Body Type: Stream channel and Riparian Zone
Designated Beneficial Uses: The Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, Fifth Edition, revised May 2018 (Basin Plan) has designated beneficial uses for surface and ground waters within the region. Beneficial uses that could be impacted by the project include, but are not limited to: Municipal and Domestic Water Supply (MUN); Agricultural Supply (AGR); Industrial Supply (IND); Hydropower Generation (POW); Groundwater Recharge (GWR); Water Contact Recreation (REC-1); Non-Contact Water Recreation (REC-2); Warm Freshwater Habitat (WARM); Cold Freshwater Habitat (COLD); Preservation of Biological Habitats of Sacramento City Department of Utilities - 13 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project
Special Significance (BIOL); Rare, Threatened, or Endangered Species (RARE); Migration of Aquatic Organisms (MIGR); Spawning, Reproduction, and/or Early Development (SPWN); and Wildlife Habitat (WILD). A comprehensive and specific list of the beneficial uses applicable for the project area can be found on the Central Valley Water Board’s Basin Planning webpage
(http://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/index.shtml). 303(d) List of Water Quality Limited Segments: Morrison Creek is the receiving water for the Sump Station Facilities Improvement Sump 089 Project. Morrison Creek is on the 303(d) list for Pentachlorophenol, Pyrethroids, and Sediment Toxicity This project, as conditioned with mitigation measures to prevent transport of sediment due to project activities, will minimize impacts to Morrison Creek. The most recent list of approved water quality limited segments is found on the State Water Resources Control Board’s Impaired Water Bodies webpage

(http://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2012.shtml).

Project Description: The Sump Station Facilities Improvement Sump 089 Project (Project) is located near 8357 Beach Lake Road at the levee adjacent to Morrison Creek in Sacramento. The Project involves replacing three approximately 96-foot-long 42-inch diameter welded steel pipes (WSPs) and one 112-foot-long 18-inch diameter WSP will be replaced with new pipes with the same dimensions. A positive closure vault will be excavated and built within the levee. Additional improvements include removing and replacing the existing level sensor conduit, removal and replacement of approximately 260 feet of the existing floodwall and replacing the existing outfall structure. The existing pipes will be removed by trenches from the landside to the waterside of the levee below the pipes. New pipes may be installed at a higher elevation than the removed pipes.

A temporary cofferdam will dewater for access to the pipe through the outfall, the headwall and apron structures. The top of the existing headwall will be notched and left in place. In-water work consists of dewatering the work area to access the pipes and outfall, and remove and place RSP on top of the existing apron/baffles below the headwall. A new apron will be constructed above the headwall.

Dewatering will occur within the Project area. No wet concrete will be placed into riparian zone or stream channel habitat. The Project will temporarily impact 0.07 acre of waters of the United States.

Preliminary Water Quality Concerns: Construction activities may impact surface waters with increased turbidity.

Proposed Mitigation to Address Concerns: The Applicant will implement Best Management Practices to control sedimentation and erosion.The Applicant will conduct turbidity and pH testing during in-water work, stopping work if Basin Plan criteria are exceeded or observations indicate an exceedance of a water quality objective.

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All temporary affected areas will be restored to pre-construction contours and conditions upon completion of construction activities to provide 1:1 mitigation for temporary impacts.

Excavation/Fill Area: Rock slope protection will be placed within 0.04 acre of riparian habitat, and a temporary cofferdam will be placed within 0.03 acre of stream channel habitat.

Dredge Volume: None
California Integrated Water Quality System Impact Data: The Project will temporarily impact 0.04 acre of stream channel habitat and 0.03 of riparian habitat from fill and excavation activities.

Table 3: Total Project Fill/Excavation Temporary Impact6 Quantity Aquatic Resource Type Acres Cubic Yards Linear Feet
Riparian 0.04
Stream Channel 0.03
United States Army Corps of Engineers File Number: TBD United States Army Corps of Engineers Permit Type: Nationwide Permit #7 California Department of Fish and Wildlife Lake or Streambed Alteration Agreement:The Applicant has applied for a Lake or Streambed Alteration Agreement.

Possible Listed Species: Giant garter snake
Status of CEQA Compliance: The City of Sacramento is the Lead Agency responsible for compliance with the California Environmental Quality Act for the Sump Station Facilities Improvement Sump 089 Project pursuant to Section 21000 et seq. of the Public Resources Code. The City of Sacramento approved the Mitigated Negative Declaration on 10 August 2021. The City of Sacramento filed a Notice of Determination with the State Clearinghouse on 19 August 20121(SCH No. 2021030186).

6 Includes only temporary direct impacts to waters of the state and does not include area of temporary disturbance which could result in a discharge to waters of the state.

Temporary impacts, by definition, are restored to pre-project conditions and therefore do not include a physical loss of area or degradation of ecological condition.

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The Central Valley Water Board will file a Notice of Determination with the State Clearinghouse as a responsible agency within five (5) days of the date of this Certification.

Compensatory Mitigation: The Central Valley Water Board is not requesting compensatory mitigation because project impacts are temporary.

Application Fee Provided: $2,066.00 was received on 14 September 2021.The fee amount was determined as required by California Code of Regulations, title 23, sections 3833(b)(3) and 2200(a)(3) and was calculated as category A - Fill & Excavation Discharges (fee code 84) with the dredge and fill fee calculator.

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DISTRIBUTION LIST
Mary Pakenham Walsh
United States Army Corps of Engineers
Sacramento District Headquarters
Regulatory Division
[email protected]
Allison Lane
National Marine Fisheries
[email protected]
Department of Fish and Wildlife, Region 2
[email protected]
Stephanie Tadlock
Unit Supervisor
Central Valley Regional Water Quality Control Board, Sacramento Office [email protected]
Bill Jennings
CA Sportfishing Protection Alliance
[email protected]
CWA Section 401 WQC Program
Division of Water Quality
State Water Resources Control Board
[email protected]
United States Environmental Protection Agency
[email protected]
Raymond Kong
Sacramento City Department of Utilities
[email protected]

Sacramento City Department of Utilities - 17 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project

Sacramento City Department of Utilities - 18 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project

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Compliance with Code of Federal Regulations

The purpose of this Attachment is to comply with Code of Federal Regulations, title 40, section 121.7, subdivision (d), which requires all certification conditions to provide an explanation of why the condition is necessary to assure that any discharge authorized under the certification will comply with water quality requirements and a citation to federal, state, or tribal law that authorizes the condition. The statements below correspond with the conditions set forth in the Order Section Header “Technical Conditions Certification.” The other Order Sections are not “conditions” as used in Code of Federal Regulations, title 40, section 121.7.

I. GENERAL JUSTIFICATION FOR CONDITIONS
Authorization under the Order is granted based on the application submitted. The Permittee is required to detail the scope of project impacts in a complete application pursuant to California Code of Regulations, title 23, section 3856, subdivision (h).

Pursuant to Water Code section 13260, subdivision (c), each person discharging waste, or proposing to discharge waste shall file a report of waste discharge relative to any material change or proposed change in the character, location, or volume of the discharge. Pursuant to Water Code section 13264, subdivision (a), the Permittee is prohibited from initiating the discharge of new wastes, or making material changes to the character, volume, and timing of waste discharges authorized herein without filing a report required by Water Code section 13260 or its equivalent for certification actions under California Code of Regulations, title 23, section 3856.

Pursuant to Clean Water Act section 401 and California Code of Regulations, title 23, section 3859, subdivision (a), the Central Valley Water Board, when issuing water quality certifications, may set forth conditions to ensure compliance with applicable water quality standards and other appropriate requirements of state law.

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

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

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

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

Finally, Water Code sections 13267 and 13383 authorize the regional and state boards to establish monitoring and reporting requirements for persons discharging or proposing to discharge waste.

II. SPECIFIC JUSTIFICATION FOR WATER QUALITY CERTIFICATION STANDARD

CONDITIONS

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

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

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

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

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

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

6 - 7. Signatory requirements for all document submittals . . . .

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

III. SPECIFIC JUSTIFICATION FOR TECHNICAL CONDITIONS CERTIFICATION

SECTION CONDITIONS

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

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

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

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

4 - 5. Water Quality Monitoring
Conditions related to water quality monitoring are required to confirm that best management practices required under this Order are sufficient to protect beneficial uses and to comply with water quality objectives to protect those Sacramento City Department of Utilities - 22 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project
uses under the Basin Plan. Applicable water quality objectives and beneficial uses are identified in the Order. These monitoring requirements are consistent with the Central Valley Water Board’s authority to investigate the quality of any waters of the state and require necessary monitoring and reporting pursuant to Water Code sections 13267 and 13383. Water Code section 13267 authorizes the regional boards to require any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste to provide technical or monitoring program reports required by the regional board. Water Code section 13383 authorizes the regional boards to establish monitoring, inspection, entry, reporting, and other recordkeeping requirements, as authorized by Water Code section 13160, for any person who discharges, or proposes to discharge, to navigable waters.

6. Project Status Notifications

The reporting and notification conditions are required to provide the Central Valley Water Board necessary project information and oversight to ensure project discharges are complying with applicable Basin Plan requirements.

These monitoring and reporting requirements are consistent with the Central Valley Water Board’s authority to investigate the quality of any waters of the state and require necessary monitoring and reporting pursuant to Water Code sections 13267 and 13383. Water Code section 13267 authorizes the regional boards to require any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste to provide technical or monitoring program reports required by the regional board. Water Code section 13383 authorizes the regional boards to establish monitoring, inspection, entry, reporting, and other recordkeeping requirements, as authorized by Water Code section 13160, for any person who discharges, or proposes to discharge, to navigable waters.

7. Dewatering

Conditions related to dewatering and diversions ensure protection of beneficial uses during construction activities. Work in waters of the state and temporary diversions must not cause exceedances of water quality objectives; accordingly, these conditions require implementation of best practicable treatments and controls to prevent pollution and nuisance, and to maintain water quality consistent with the Basin Plan and Antidegradation Policy. Further and consistent with the Dredge or Fill Procedures, section IV.A.2.c, water quality monitoring plans are required for any in-water work. Finally, dewatering activities may require a Clean Water Act section 402 permit or separate Waste Discharge Requirements under Water Code section 13263 for dewatering activities that result in discharges to land.

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

Conditions related to compliance with water quality objectives and designated beneficial uses are required pursuant to the Central Valley Water Board’s Basin Plan. The Basin Plan’s water quality standards consist of existing and potential beneficial uses of waters of the state, water quality objectives to protect those uses, and the state and federal antidegradation policies. The Antidegradation Policy requires that the quality of existing high-quality water be maintained unless any change will be consistent with the maximum benefit to the people of the state, will not unreasonably affect present or anticipated future beneficial uses of such water, and will not result in water quality less than that prescribed in water quality control plans or policies. The Antidegradation Policy further requires best practicable treatment or control of the discharge necessary to assure that pollution or nuisance will not occur and the highest water quality consistent with maximum benefit to the people of the state will be maintained. Applicable beneficial uses and water quality objectives to protect those uses include the Chemical Constituents (Basin Plan, Section 3.1.3), Oil and Grease (Basin Plan, Section 3.1.10), pH (Basin Plan, Section 3.1.11), Sediment (Basin Plan, 3.1.15), Suspended Material (3.1.17), Toxicity (Basin Plan, 3.1.20), and Turbidity (Basin Plan, Section

3.1.21) water quality objectives.

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

3.1.7 & 3.1.20.) This condition is also required pursuant to Water Code section 13264, which prohibits any discharge that is not specifically Sacramento City Department of Utilities - 24 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project
authorized in this Order. Among other requirements, Section IV.B.1 of the Dredge or Fill Procedures requires that Project impacts will not cause or contribute to a degradation of waters; or violate water quality standards.

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

Conditions related to notification and reporting requirements in the event of an accidental discharge of hazardous materials are required pursuant to section 13271 of the Water Code, which requires immediate notification of the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the state toxic disaster contingency plan adopted pursuant to Article 3.7 (commencing with Section 8574.16) of Chapter 7 of Division 1 of Title 2 of the Government Code. “Hazardous materials” is defined under Health and Safety Code section 25501. These reports related to accidental discharges ensure that corrective actions, if any, that are necessary to minimize the impact or clean up such discharges can be taken as soon as possible.

14 - 16. Site Management
Site management conditions are required to provide the Central Valley Water Board necessary project information and oversight to ensure project discharges are complying with applicable Basin Plan requirements. These requirements are consistent with the Central Valley Water Board’s authority to investigate the quality of any waters of the state and require necessary monitoring and reporting pursuant to Water Code sections 13267 and 13383.

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

17. Mitigation for Temporary Impacts
The conditions require restoration of temporary impacts to waters of the state.

Conditions in this section related to restoration and/or mitigation of temporary impacts are consistent with the Dredge or Fill Procedures, which requires “in all cases where temporary impacts are proposed, a draft restoration plan that outlines design, implementation, assessment, and maintenance for restoring areas of temporary impacts to pre-project conditions.” (Dredge or Fill Sacramento City Department of Utilities - 25 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project
Procedures section IV. A.2(d) & B.4.) Technical reporting and monitoring requirements under this condition are consistent with the Central Valley Water Board’s authority to investigate the quality of any waters of the state and require necessary reporting and monitoring pursuant to Water Code sections 13267 and 13383.

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

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

20. Project Status Notifications
The reporting and notification conditions are required to provide the Central Valley Water Board necessary project information and oversight to ensure project discharges are complying with applicable Basin Plan requirements. These monitoring and reporting requirements are consistent with the Central Valley Water Board’s authority to investigate the quality of any waters of the state and require necessary monitoring and reporting pursuant to Water Code sections 13267 and 13383. Water Code section 13267 authorizes the regional boards to require any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste to provide technical or monitoring program reports required by the regional board. Water Code section 13383 authorizes the regional boards to establish monitoring, inspection, entry, reporting, and other recordkeeping requirements, as authorized by Water Code section 13160, for any person who discharges, or proposes to discharge, to navigable waters.

21. Good Site Management “Housekeeping”

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

3.1.7 & 3.1.20.) This condition is also required pursuant to Water Code section 13264, which prohibits any discharge that is not specifically authorized in this Order. Among other requirements, Section IV.B.1 of the Sacramento City Department of Utilities - 26 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project
Dredge or Fill Procedures requires that Project impacts will not cause or contribute to a degradation of waters; or violate water quality standards.

21 – 24. Dewatering
Conditions related to dewatering and diversions ensure protection of beneficial uses during construction activities. Work in waters of the state and temporary diversions must not cause exceedances of water quality objectives; accordingly, these conditions require implementation of best practicable treatments and controls to prevent pollution and nuisance, and to maintain water quality consistent with the Basin Plan and Antidegradation Policy. Further and consistent with the Dredge or Fill Procedures, section IV.A.2.c, water quality monitoring plans are required for any in-water work. Finally, dewatering activities may require a Clean Water Act section 402 permit or separate Waste Discharge Requirements under Water Code section 13263 for dewatering activities that result in discharges to land.

Conditions related to monitoring and reporting on water quality standard compliance and in-water work and diversions are required to provide the Central Valley Water Board necessary project information and oversight to ensure project discharges are complying with applicable water quality objectives under the Basin Plan. These monitoring and reporting requirements are consistent with the Central Valley Water Board’s authority to investigate the quality of any waters of the state and require necessary monitoring and reporting pursuant to Water Code sections 13267 and 13383.

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

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

Conditions related to monitoring and reporting are required to provide the Central Valley Water Board necessary project information and oversight to ensure project discharges are complying with applicable Basin Plan requirements. These monitoring and reporting requirements are consistent with the Central Valley Water Board’s authority to investigate the quality of any waters of the state and require necessary monitoring and reporting pursuant to Water Code sections 13267 and 13383. Water Code section 13267 authorizes the regional boards to require any person who has Sacramento City Department of Utilities - 27 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project
discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste to provide technical or monitoring program reports required by the regional board. Water Code section 13383 authorizes the regional boards to establish monitoring, inspection, entry, reporting, and other recordkeeping requirements, as authorized by Water Code section 13160, for any person who discharges, or proposes to discharge, to navigable waters.

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

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

28. Construction General Permit Requirement
Permittees are required to obtain coverage under National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ; NPDES No. CAS000002), as amended, for discharges to surface waters comprised of storm water associated with construction activity, including, but not limited to, demolition, clearing, grading, excavation, and other land disturbance activities of one or more acres, or where projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres. This is required pursuant to Clean Water Act sections 301 and 402 which prohibit certain discharges of storm water containing pollutants except in compliance with an Sacramento City Department of Utilities - 28 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project
NPDES permit. (33 U.S.C. section 1311, and 1342(p); 40 C.F.R. parts 122, 123, and 124.)

29 – 30. Dewatering
Conditions related to dewatering and diversions ensure protection of beneficial uses during construction activities. Work in waters of the state and temporary diversions must not cause exceedances of water quality objectives; accordingly, these conditions require implementation of best practicable treatments and controls to prevent pollution and nuisance, and to maintain water quality consistent with the Basin Plan and Antidegradation Policy. Further and consistent with the Dredge or Fill Procedures, section IV.A.2.c, water quality monitoring plans are required for any in-water work. Finally, dewatering activities may require a Clean Water Act section 402 permit or separate Waste Discharge Requirements under Water Code section 13263 for dewatering activities that result in discharges to land.

31. Modifications to Project

Authorization under this Order is granted based on the application and supporting information submitted. Conditions are necessary to ensure that if there are modifications to the project, that the Order requirements remain applicable. The Permittee is required to detail the scope of project impacts in a complete application pursuant to California Code of Regulations, title 23, section 3856, subdivision (h). Pursuant to Water Code section 13260, subdivision (c), each person discharging waste, or proposing to discharge waste shall file a report of waste discharge relative to any material change or proposed change in the character, location, or volume of the discharge.

Pursuant to Water Code section 13264, subdivision (a), the Permittee is prohibited from initiating the discharge of new wastes, or making material changes to the character, volume, and timing of waste discharges authorized herein without filing a report required by Water Code section 13260 or its equivalent for certification actions under California Code of Regulations, title 23, section 3856.

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

Conditions related to monitoring and reporting are required to provide the Central Valley Water Board necessary project information and oversight to ensure project discharges are complying with applicable Basin Plan requirements. These monitoring and reporting requirements are consistent with the Central Valley Water Board’s authority to investigate the quality of any waters of the state and require necessary monitoring and reporting pursuant to Water Code sections 13267 and 13383. Water Code section 13267 authorizes the regional boards to require any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste to provide technical or monitoring program reports required by the regional board. Technical supports submitted Sacramento City Department of Utilities - 29 - 24 December 2021 Sump Station Facilities Improvement Sump 089 Project
pursuant to Water Code section 13267 are required to be submitted under penalty of perjury. Water Code section 13383 authorizes the regional boards to establish monitoring, inspection, entry, reporting, and other recordkeeping requirements, as authorized by Water Code section 13160, for any person who discharges, or proposes to discharge, to navigable waters.

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Pump Outfalls Replacement Project
City of Sacramento, CA
7 December 2021
Figure E-1.

Project Impact Map,
Sheet 1 of 5, Sump 89
20026SacPumpOutfall_BAFig3ImpactMap_089_v5.mxd
Aerial Photograph: 11 May 2018
Google Earth Imagery
Proposed/Topographic Survey Data:
089 (2019) - Standard.zip
Provided by PSOMAS of Auburn, CA (10 March 2021)
Action Area (1.60 ac)
Biological Community Boundary
Morrison Creek OHWM
Pipe Replacement
Positive Closure Vault
Proposed Headwall
New Outfall Structure
CCC
CCC
Rock Slope Protection (RSP)
Temporary Cofferdam
Existing Concrete Apron
Approximate Excavation Limits
!( Tree Location and Number
!(
ETree to be Removed
Permanent Impact
Temporary Impact
Sump 89
Action Area
Morrison Creek
!
New Outfall
Structure
Permanent
Impact = 328 sq ft
(below OHWM)
!
Existing Vaults
!

!
Burrows
!
Nesting Barn
Swallows EST 5
!
Morrison Creek
OHWM
!
Existing
Aggregrate
Base
!
Existing
Aggregrate
Base
40 0 4020 Feet
1 inch = 40 feetScale: ³
!Approximate
Excavation
Limits
!
Replace
Concrete
Apron
(1,600 sf)
!
Remove and
replace existing
floodwall
(approx. 260 feet)
! Temporary cofferdam to
dewater outfall structure
during construction
(6' wide X 120' long)
Temporary Impact
= 720 sq ft (below OHWM)
!
Install
Proposed
Vault
!
Pipe Replacement
!
Staging Area
! Existing Concrete
Baffles (white)
!
New Headwall
!
Proposed RSP placed
along both sides of
New Outfall Structure.

Permanent Impact
= 369 sq ft (below OHWM
over existing RSP)
!
Proposed RSP
placed on top of existing
concrete apron.

Permanent Impact
= 571 sq ft (below OHWM)
!
Existing
Headwall
!
Construction
Work Areas
Temporary Impact
= 1,123 sq ft
(below OHWM)
Symbol Biological Community Area (ac)
Temporary
Impact
Area (ac)
Permanent
Impact
Area (ac)
DEV Developed/Disturbed 0.72 -- --
NAG Nonnative Annual
Grassland 0.54 0.53 0
RIF Riparian Forest 0.06 0.02 0.01
RSP Existing RSP 0.14 0.02 0
-- Morrison Creek 0.14 0.04 0.03
Total 1.60 0.61 0.04
Aquatic
Upland
ENCLOSURE 4
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RESOLUTION NO. 2020-
Adopted by the Sacramento City Council
July 1, 2025
Contract: Sump 89 Outfall Replacement

BACKGROUND
A. On May 7, 2025, the City opened bids for the Sump 89 Outfall Replacement Project.

Shimmick Corporation was found to be the lowest responsible bidder in the amount of $2,750,000 and has been chosen to perform construction services for the project.

This project consists of removing and replacing the outfall pipes associated with Sump 89 from the pumps to the headwall and installing new positive closure devices within the levee, which is a requirement that was not in place when the sump station was built.

The project will also replace the outfall structure and raise the floodwall in accordance with Army Corp and State standards. This project includes excavation, backfill, and levee and maintenance road restorations.

B. With this agreement, a transfer of funds will be needed. Based on the bid results, the total estimated project budget will be $3,589,000, which includes construction contingency, inspection, construction management, design consultant construction support, environmental compliance, and staff time.

C. A budget augmentation of $3,055,000 is required to provide sufficient funds to the project to accommodate all the work necessary to complete the Drainage Sump Replacement/Rehabilitation Program (W14130600, Fund 6021) project. A budget transfer in the amount of $805,000 from the Drainage Base CIP Contingency Program (W14000200, Fund 6021) and $2,250,000 from Storm Drainage Planning and Management (I14100000, Fund 6021) to the Drainage Sump
Replacement/Rehabilitation Program (W14130600, Fund 6021) is necessary.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:

Section 1. The contract plans and specifications for the Sump 89 Outfall Project (W14130600) are approved.
@BCL@50149667, Rev. 09/09/2020
Section 2. The City Manager or designee is authorized to award the construction contract to and execute the contract with Shimmick Corporation for the Sump 89 Outfall Replacement Project for an amount not–to-exceed $2,750,000.

Section 3. The City Manager or designee is authorized to execute Supplemental Agreement No. 12 to City Agreement 2020-1399 with Peterson Brustad, Inc. (PBI) for an amount not to exceed $246,895, bringing the agreement’s total not-to-exceed amount to $1,864,571 for engineering, construction support and environmental monitoring for the Sump 89 Outfall Replacement Project

Section 4. The City Manager’s or designee’s authority to issue supplemental agreements for City Agreement 2020-1399 is reset.

Section 5. The City Manager or designee is authorized to complete the following budget transfers:

Name Fund No. Amount (USD)
Drainage Base CIP Contingency Project 6021 ($805,000)
Drainage Planning and Management
(I14100000)
6021 ($2,250,000)
Drainage Sump Replacement/Rehabilitation
Program (W14130600)
6021 $3,055,000

Adopted by the City of Sacramento City Council on July 1, 2025, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Attest:

The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Sacramento City Council.