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April 30, 2018 In the Matter of Water Quality Certification for the California Department of Transportation SR 116 at Llano Road Left-turn Lane Project 38.3580, -122.7696 1 WDID No. 1B171824WNSO, ECM PIN CW-841472 EFIS No. 04-1200-0463, Caltrans EA No. 04-4G380 APPLICANT: California Department of Transportation RECEIVING WATER: unnamed tributary to the Laguna de Santa Rosa HYDROLOGIC AREA: Middle Russian River Hydrologic Area 114.21 COUNTY: Sonoma FILE NAME: CDOT SR-116 Llano Road Left-turn Lane Project FINDINGS BY THE EXECUTIVE OFFICER: 1. On November 8, 2017, the North Coast Regional Water Quality Control Board (Regional Water Board) received an application from the California Department of Transportation (Caltrans), requesting Federal Clean Water Act, section 401, Water Quality Certification (certification) for activities related to the proposed SR 116 at Llano Road Left-turn Lane Project (Project). 2. Public Notice: The Regional Water Board provided public notice of the application pursuant to title 23, California Code of Regulations, section 3858 on April 6, 2018, and posted information describing the Project on the Regional Water Board’s website. No comments were received. 1 WGS84 datum

Transcript of 1 WGS84 datum...existing double box culvert. The box culvert is anticipated to be removed in stages...

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April 30, 2018

In the Matter of

Water Quality Certification

for the

California Department of Transportation SR 116 at Llano Road Left-turn Lane Project

38.3580, -122.76961 WDID No. 1B171824WNSO, ECM PIN CW-841472

EFIS No. 04-1200-0463, Caltrans EA No. 04-4G380

APPLICANT: California Department of Transportation RECEIVING WATER: unnamed tributary to the Laguna de Santa Rosa HYDROLOGIC AREA: Middle Russian River Hydrologic Area 114.21 COUNTY: Sonoma FILE NAME: CDOT SR-116 Llano Road Left-turn Lane Project

FINDINGS BY THE EXECUTIVE OFFICER: 1. On November 8, 2017, the North Coast Regional Water Quality Control Board (Regional

Water Board) received an application from the California Department of Transportation (Caltrans), requesting Federal Clean Water Act, section 401, Water Quality Certification (certification) for activities related to the proposed SR 116 at Llano Road Left-turn Lane Project (Project).

2. Public Notice: The Regional Water Board provided public notice of the application pursuant to title 23, California Code of Regulations, section 3858 on April 6, 2018, and posted information describing the Project on the Regional Water Board’s website. No comments were received.

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3. Receiving Waters: The Project would cause disturbances to an unnamed tributary to

the Laguna de Santa Rosa. (Middle Russian River Hydrologic Area). 4. Project Description: Caltrans will signalize and construct a left-turn pocket at the

intersection of State Route (SR) 116 and Llano Road, at Post Mile (PM) 31.15 in Sonoma County. Additionally, Caltrans will install traffic signals, construct a left-turn pocket, replace an existing double box culvert with a clear-span bridge, and construct two retaining walls on the south side of SR 116. The Project will also relocate an existing drainage system and install a new drainage system, widen select shoulders to standard width and install new pavement on SR 116.

The construction of the project is estimated to take two seasons. Stage 1 is estimated to start in late March 2019 beginning with the southern portion of roadway widening. Work will continue on the south side of SR 116 with the construction of the retaining walls, roadway widening, and abutments starting May 2019. Work within the creek will start June 1st with the installation of the creek diversion, demolition of the culvert and existing fill removal, then construction of the eastbound side of the bridge. Once this work is completed work will shift to Stage 2; the westbound side of the roadway and downstream section of the bridge.

Stage 2 in the year 2020 includes the construction of the north abutments, demolition of the remaining box culvert, removal of earthen fill, and construction of the bridge. After the bridge is completed the creek diversion will be removed, and creek restoration activities conducted. Work within jurisdictional waters will be completed by October 31st. After the completion of the bridge, finish work (electrical, paving and striping) will follow and traffic will be shifted to the final alignment followed by contract completion estimated in December 2020. The culverts will be sized based on regional base flood estimates with an emphasis on a minimum diameter of 24 inches.

Site preparation and staging activities will include the trimming and removal of trees prior to the bird nesting season, installation of environmentally sensitive area (ESA) fencing and the installation of wildlife exclusion fencing (WEF) prior to the initiation of Project construction. ESA and WEF fencing will be maintained throughout the Project as needed. Staging will occur on a previously existing dirt and gravel area approximately 400 feet east of Llano Road. Clearing and grubbing will also be required on access paths and in the work area following site preparation but prior to the initiation of construction for Project elements. Equipment access ramps will be installed adjacent to the bridge at both abutments. Two ramps (one on each side) will require 60 cubic yards of temporary fill. The ramps and deck will allow temporary diversion installation, culvert demolition and final creek regrading.

A temporary water diversion system will be installed using cofferdams to isolate the work area from the creek during in-stream construction. An upstream and downstream

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berm will be constructed and the total system, including the length of the existing culvert, is estimated at 195 linear feet. The diversion will be in place from June 1 to October 31. The cofferdams will consist of gravel bag berms wrapped in plastic sheets up to a height of five feet at a 2:1 slope with a cutoff wall that will be employed under the berm to reduce infiltration beneath the system. A three-foot diameter pipe will convey water through the Project footprint. This will create a dry area to remove the existing double box culvert.

The box culvert is anticipated to be removed in stages that correspond with the bridge construction. After the temporary water diversion is installed, the eastbound lane (south-side) of the double box culvert will be demolished. The demolition would remove asphalt, concrete and soil on top of the existing culvert and would include saw cutting the east-bound side away from the westbound side to complete eastbound side demolition. Sheet piles will be installed in the roadbed, parallel to the direction of traffic to support the adjacent roadbed. The westbound lane (north-side) will be demolished next after the eastbound clear-span bridge is constructed. Demolition of both sides will be accomplished using a backhoe or excavator with a demolition ram as well as a front loader or excavator to collect debris and to load trucks for offsite disposal. The removal of the existing double box culvert will result in temporary creek impacts to approximately 0.042 acres, along 195 linear feet, of the creek, however, restore approximately 0.044 acres, along 63 linear feet, of the creek. Temporary impacts to riparian habitat from relocation of the roadside ditch is estimated at 0.028 acres along approximately 150 linear feet.

A new bridge approximately 40 feet long varying from 64.4 to 71.4 feet wide will be constructed to accommodate the newly widened roadway. Ramps will be constructed to access the temporary work areas at both abutments. Excavation for the abutments and wing walls will vary in depth from 11 to 14 feet. A drill rig will be used to install twenty-eight, 24-inch diameter cast-in-drilled-hole (CIDH) abutment piles to a depth of approximately 45 feet. After CIDH piles are installed, forms for the abutments and wing-walls will be constructed. The wing-walls will match the abutment or road deck height and extend laterally away from the bridge 10 to 12 feet. Concrete will be poured into the forms, once cured soil backfill will be placed and the embankments will be graded. Following backfill and grading of embankments, the pre-cast concrete slabs would be placed by crane, staged on the existing roadway, followed by forming rebar work, then cast-in-place concrete deck pouring. The unnamed creek is a tributary to the Laguna de Santa Rosa, and flows through an existing double-box culvert under SR 116. The culvert shows evidence of scour at the outlet, which may impede or block fish passage. The proposed clear-span bridge would restore the natural creek bottom, thereby enhancing fish passage, sediment transport, and flood conveyance.

The westbound side of the bridge will be constructed once the culvert and old road fill is removed. The construction process will be the same as described above for the eastbound side. In total the new bridge would require the excavation of 850 cubic

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yards of soil and debris, the backfill of 380 cubic yards of soil and fill of 329 cubic yards of concrete.

Two retaining walls, one on either side of the new bridge, will be constructed on the eastbound side of the proposed roadway. The western wall will be approximately 263 feet long, the eastern wall, approximately 168 feet. Wall height will vary from 6 feet-12 feet. A new drainage system will be constructed.

An earthen ditch will be constructed along the foot of the proposed retaining wall on both sides of the creek. The Project will construct several drainage systems along SR 116. The first location near the intersection of Daywalt Road and SR 116 will consist of a series of drainage inlets that conveys water. Two existing drainage culverts will be removed and replaced to properly convey water from the east-side and west-side drain inlet series to a storm sewer junction box. This will then discharge to a 24-inch diameter pipe that drains to the new drainage ditch at the foot of the retaining wall.

The second drainage system consists of a sag inlet with two flanking inlets that drain to a 24-inch culvert that passes through a retaining wall and discharge into the new drainage ditch at the foot of the retaining wall. The sag inlets, which captures roadway runoff before it flows onto the bridge, will require excavation to a depth of 10 feet to construct the new inlets.

The third drainage location will drain the road side ditch under the existing driveway to the proposed drainage to be consisting of a sag inlet with one flanking inlet. In addition, three existing driveway culverts are non-functional and will be replaced. In total, approximately 1,040 linear feet of culvert will be installed at these locations. Trenches will be approximately 4 feet deep, and approximately 4 feet wide for new pipe and will result in approximately 580 cubic yards of soil and debris to be excavated.

Prior to the construction of the retaining walls, the soil underneath the new retaining walls on the south side of the project will require cement compaction grouting injections. The area of the grout injection is approximately 10 feet wide by 252 feet long on the west side of the bridge and approximately 10 feet wide by 60 feet long on the east side of the bridge.

During Stage 1, the Project will widen the existing eastbound roadway from 12 to 22 feet from PM 30.9 to PM 31.4. The Project will also include the installation and relocation of utilities including gas, electrical, cable, light poles, joint poles and utility boxes. The relocation of gas branch lines will be performed prior to construction by the utility company. The installation of new utilities will be such as to allow the signalization to function. Trenching for the improvements would occur on paved or packed dirt areas adjacent to the roadway.

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The temporary diversion will be removed to restore the creek to a more natural setting. The temporarily affected areas will be regraded to blend with existing contours. After bridge completion, permanent erosion control measures will be applied to all disturbed soils. Habitat and stream restoration work, as agreed to between Caltrans and state and federal permitting agencies, will be conducted. Supporting documentation and plan sheets can be located at the end of this certification (Figures 1-4) for reference.

5. Construction Timing: Project implementation will occur over the 2019 and 2020

construction season between December 3, 2018, and December 1, 2020. All work within jurisdictional waters will be completed between May 15 and October 31 in the years 2019 and 2020.

6. Project Impacts: The proposed Project would result in approximately 63 linear feet

(0.044 acres) of permanent impacts to stream channels as a result of box culvert removal and 412 linear feet (0.125 acres) of permanent impacts to riparian areas as a result of roadway widening. 680 linear feet (0.330 acres) of temporary impacts will occur as a result of roadside drainage realignment and construction access. Additionally, there will be 550 linear feet (0.087 acres) of temporary impacts to stream channels as a result of stream diversion and roadway realignment.

7. Mitigation for Project Impacts: Caltrans will mitigate for permanent and temporary

impacts to stream channels and riparian areas by incorporating plantings, greatly improving vegetative cover over the entire limits of the project. All temporary and permanent impacts to will be mitigated for as stated in the Project’s MMP as outlined in Condition 1 below.

8. Post-Construction Storm Water: Project implementation will result in approximately

1.06 acres of new and reworked impervious surface. To control roadway pollutants, post-construction, Caltrans will install a series of 10 biostrips onsite to treat a total of 1.17 acres of impervious surface stormwater runoff.

9. Disturbed Soil Area: Project implementation will result in greater than one acre of

disturbed soil area. Caltrans shall apply for coverage under the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ) and prepare a Stormwater Pollution Prevention Plan detailing best management practices (BMPs) to control pollution from the Project area during construction. All temporarily disturbed areas within the Project area shall be appropriately stabilized and/or replanted with appropriate native vegetation.

10. Utility Relocations: Utility relocations affecting jurisdictional waters are not proposed

for this Project.

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11. Other Agency Actions: Caltrans has applied for coverage under a reporting U.S. Army Corps of Engineers Nationwide Permit No. 14, Linear Transportation, pursuant to section 404 of the Clean Water Act. Caltrans has also applied for a 1602 Lake or Streambed Alteration Agreement from the California Department of Fish and Wildlife. Caltrans has also applied for a Biological Opinion from the U.S. Fish and Wildlife Service and the U.S. National Marine Fisheries Service.

12. CEQA Compliance: On October 2, 2017, Caltrans, as lead California Environmental

Quality Act (CEQA) agency, has produced an Initial Study and Proposed Mitigated Negative Declaration and filed with the State Clearinghouse (SCH No. 2017102004), pursuant to CEQA guidelines. The Regional Water Board has considered the environmental documentation, including any proposed changes, and incorporates any avoidance, minimization, and mitigation measures into the project as a condition of approval to avoid significant affects to the environment.

13. Total Maximum Daily Load: The Laguna de Santa Rosa watershed is listed on the

Clean Water Act section 303(d) list as impaired for sediment, temperature, nitrogen, phosphorus, indicator bacteria, dissolved oxygen, and mercury. In addition, activities that impact the riparian zone and reduce riparian vegetation are identified as sources contributing to increased stream temperatures. A focus on measures to reduce sediment discharges to surface waters from construction areas, and measures to avoid, minimize, and mitigate impacts on riparian zones is essential for achieving TMDL, Basin Plan, and CEQA compliance.

14. Project Tracking: It has been determined through regional, state, and national studies

that tracking of mitigation and restoration projects must be improved to better assess their performance. In addition, to effectively carry out the state’s Wetlands Conservation Policy of no net loss to wetlands, the state needs to closely track both aquatic habitat losses and the success of mitigation and restoration projects. Therefore, this certification requires Caltrans to upload impact totals and mitigation measures to a web-based project tracking system called “EcoAtlas” using the “Project Tracker” form, which can be found here: http://ptrack.ecoatlas.org. Instructions and how to request a user name and password are on the Project Tracker website. More information about EcoAtlas is available at: www.ecoatlas.org. See Condition No. 3 below.

15. Antidegradation Policy: The federal antidegradation policy requires that State water

quality standards include an antidegradation policy consistent with the federal policy. The State Water Board established California’s antidegradation policy in State Water Board Resolution No. 68-16. Resolution No. 68-16 incorporates the federal antidegradation policy where the federal policy applies under federal law. Resolution No. 68-16 requires that existing quality of waters be maintained unless degradation is justified based on specific findings. The Regional Water Board’s Basin Plan implements, and incorporates by reference, both the State and federal antidegradation policies. This certification is consistent with applicable federal and State antidegradation policies, as

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it does not authorize the discharge of increased concentrations of pollutants or increased volumes of treated wastewater, and does not otherwise authorize degradation of the waters affected by this Project.

16. This discharge is also regulated under State Water Resources Control Board Order No.

2003-0017-DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification," which requires compliance with all conditions of this certification. Order No. 2003-0017-DWQ can be found here: https://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/generalorders/go_wdr401regulated_projects.pdf

Accordingly, based on its independent review of the record, the Regional Water Board certifies that the SR 116 Llano Road Left-turn Lane Project (WDID No. 1B171824WNSO), as described in the application will comply with sections 301, 302, 303, 306 and 307 of the Clean Water Act, and with applicable provisions of state law, provided that Caltrans complies with the following terms and conditions: All conditions of this certification apply to Caltrans (and all its employees) and all contractors (and their employees), sub-contractors (and their employees), and any other entity or agency that performs activities or work on the Project as related to this Water Quality Certification.

Project-Specific Conditions Requiring Reports (continued)

1. Caltrans Project construction shall be prohibited until an on-site Mitigation and Monitoring Plan (MMP) has been submitted to and found acceptable by the Executive Officer. The MMP shall include:

i) A proposal to that demonstrates Caltrans ability to achieve no-net-loss of jurisdictional features by restoring 412 linear feet (0.125 acres) of permanent impacts to riparian areas and 1,230 linear feet (0.417 acres) of temporary impacts to riparian areas and stream channels within Project limits;

Receiving Water: Laguna de Santa Rosa (Hydrologic Unit No. 114.21) Filled and/or Excavated Areas:

Permanent – stream channels Temporary – stream channels Permanent – riparian areas Temporary – riparian areas

63 linear feet 550 linear feet 412 linear feet 680 linear feet

Dredge Volume: None Latitude/Longitude: 38.3580, -122.7696 Certification Expiration:

April 30, 2023

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Project-Specific Conditions Requiring Reports (continued)

ii) A proposal to stabilize the longitudinal profile of channel B using biotechnical stabilization techniques. The proposal shall include at least 95% ready plans. The proposal shall also include photo representation of pre-restoration and proposed post-restoration areas;

iii) A proposal that incorporates a success criterion of 85% survivorship of proposed plantings and not be reliant on supplemental irrigation for the final two years of the monitoring period in order to be deemed successful;

iv) An implementation schedule;

v) An invasive species control plan;

vi) Planting plans for all proposed plantings;

vii) A proposal to monitor vegetation success for no less than 5 years;

viii) An adaptive management plan;

ix) A proposal to submit years 1, 3, and 5 annual reports no later than January 31 following the respective monitoring year.

2. Revegetation success shall be subject to the review and acceptance by Regional Water Board staff, and shall not be considered successful until a minimum of five years of monitoring has occurred. Plants shall not be considered successful until irrigation has been terminated and plants are self-sustaining for a minimum of two years.

3. Within 30 days of issuance of this Order, Caltrans shall upload Project information to EcoAtlas using the “Project Tracker” form found at the following website: http://ptrack.ecoatlas.org/. Required information includes a Project map that may either be uploaded to EcoAtlas or created within EcoAtlas by using the “draw polygon” tool. Required enhancement monitoring reports shall be uploaded to EcoAtlas by March 1 following the certification January 31 Regional Water Board monitoring report due date. To upload monitoring reports into EcoAtlas, use the “Files and Links” tab found on your project’s EcoAtlas page.

4. The Regional Water Board shall be notified in writing (e-mail is acceptable) at least five working days prior to commencement of:

i) Ground disturbing activities for each construction season; and

ii) Water diversion installations.

5. Work within State waters shall occur only between May 15 and October 31 of each construction season. Any deviation from this timeframe restriction shall be subject to prior acceptance by Regional Water Board staff.

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Project-Specific Conditions (continued)

6. Caltrans shall install a series of 10 biostrips between post-miles 30.9 and 31.4 (stations 107+00 to 131+95) onsite to treat no less than 1.17 acres of impervious surface runoff. Each biostrip shall be built consistent with the design plans and soil specifications submitted as part of the application for this certification. The biostrips shall be amended with imported biofiltration soil incorporated to a depth of 4 inches and vegetated using native grass seed. Caltrans shall submit photographs of the newly constructed biostrips no later than October 31, 2020. Caltrans shall utilize plants that are appropriate for the soil mix and climate.

7. On-site restoration shall commence no later than Fall 2020.

Standard Conditions (continued)

8. Herbicides and other pesticides shall not be used within the Project limits. If Caltrans has a compelling case as to why pesticides should be used, then a request for pesticide use and a BMP plan may be submitted to the Regional Water Board staff for review and acceptance.

9. All Project activities and BMPs shall be implemented according to the submitted application package and the findings and conditions of this certification. Subsequent changes to the Project that could significantly impact water quality shall first be submitted to Regional Water Board staff for prior review, consideration, and written concurrence. If the Regional Water Board is not notified of an alteration to the Project that results in an impact to water quality, it will be considered a violation of this certification, and Caltrans may be subject to Regional Water Board enforcement actions.

10. All conditions required by this certification shall be included in the Contract Documents prepared by Caltrans for the contractor. In addition, Caltrans shall require compliance with all conditions included in this certification in the bid contract for this Project.

11. Caltrans is prohibited from discharging waste to waters of the State, unless explicitly

authorized by this certification. For example, no debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or concrete washings, welding slag, oil or petroleum products, or other organic or earthen material from any construction or associated activity of whatever nature, shall be allowed to enter into State waters.

12. Except for temporary stockpiling of waste generated during demolition operations

(“temporary” in this instance means generated and removed during the same working day), waste materials shall not be placed in a manner where the materials may be transported into waters of the State. Waste materials shall not be placed within 100 linear feet of State waters. Exceptions to the 100-foot limit may be

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Standard Conditions (continued)

granted on a case-by-case basis provided Caltrans first submits a proposal in writing that is found acceptable by Regional Water Board staff.

13. Caltrans is liable and responsible for the proper disposal, reuse, and/or recycling of all Project-generated waste in compliance with applicable State and Federal laws and regulations, and as described in Caltrans 2015 Standard Specifications 13-4.03D, Waste Management. Additionally, when handling, transporting, disposing, reusing, and/or recycling Project-generated waste, Caltrans and their contractors shall:

i) Provide the Regional Water Board with a copy of the Solid Waste Disposal and Recycling Report prepared for Caltrans by the contractor per Caltrans 2015 Standard Specifications 14-10.02, Solid Waste Disposal and Recycling Report. These reports shall be provided not later than January 31 for each year work is performed during the previous calendar year. A copy of the final Solid Waste Disposal and Recycling Report shall be submitted to the Regional Water Board within 30 days after being received by Caltrans from the contractor.

ii) For waste other than solid waste, obtain evidence that waste has been appropriately disposed, reused, and/or recycled. Evidence shall include type and quantity of waste and may include, but not be limited to, property owner agreements, permits, licenses, and environmental clearances. Evidence shall be provided to the Regional Water Board upon request; and

iii) For waste other than solid waste, ensure the Resident Engineer has given written permission for disposal, reuse, and/or recycling, prior to the actual disposal, reuse, and/or recycling.

14. Asphalt-concrete grindings shall not be placed in any location where they may, at any

time, be directly exposed to surface waters or seasonally high ground water, except asphalt-concrete grindings may be re-used and incorporated into hot mix asphalt products or encapsulated within the roadway structural section.

15. Caltrans and their contractors shall comply with the activity restrictions detailed in Caltrans 2015 Standard Specifications 13-4.03C(1), General. In addition, fueling, maintenance, storage and staging of vehicles and equipment shall be prohibited within waters of the State (e.g., gravel bars, seeps, ephemeral streams) and riparian areas.

16. Fueling, maintenance, and/or staging of individual equipment types within waters of the State or riparian areas may be authorized if Caltrans first prepares a plan for review and approval by Regional Water Board staff that:

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Standard Conditions (continued)

i) Identifies the specific piece of machinery that may require fueling, maintenance, and/or staging within waters of the State or riparian areas;

ii) Provides justification for the need to refuel, maintain, or stage within State waters or riparian areas. The justification shall describe why conducting the activity outside of jurisdictional waters is infeasible; and

iii) Includes a narrative of specific BMPs that shall be employed to prevent discharges to State waters and riparian areas;

17. Caltrans shall not use leaking vehicles or equipment within State waters or riparian

areas. 18. Only 100-percent biodegradable erosion and sediment control products that will not

entrap or harm wildlife shall be used. Photodegradable synthetic products are not considered biodegradable. If Caltrans finds that erosion control netting or products have entrapped or harmed wildlife, personnel shall remove the netting or product and replace it with wildlife-friendly biodegradable products. This condition does not prohibit the use of plastic sheeting used in water diversion or dewatering activities. Caltrans shall request approval from the Regional Water Board if an exception to this requirement is needed for a specific location.

19. Work in flowing or standing surface waters, unless otherwise proposed in the project

description and approved by the Regional Water Board, is prohibited.

20. Non-stormwater discharges are prohibited unless the discharge is first approved by the Regional Water Board and in compliance with the Basin Plan. If dewatering of groundwater is necessary, then Caltrans shall use a method of water disposal other than disposal to ground or surface waters, such as land disposal. Groundwater disposed of to land shall not enter State waters. Alternatively, Caltrans may apply for coverage under the Low Threat Discharge Permit or an individual National Pollutant Discharge Elimination System (NPDES) Permit. If Caltrans applies for coverage under either of these permits, then discharge is prohibited until Caltrans has received notification of coverage under the respective permit.

21. Gravel bags used within State waters shall:

i) Comply with Caltrans 2015 Standard Specifications sections 13-5.02G and 88-1.02F;

ii) Be immediately removed and replaced if the bags have developed or are developing holes or tears; and

iii) Be filled only with clean washed gravel.

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Standard Conditions (continued)

Exceptions to these criteria are subject to the review and acceptance of Regional Water Board staff.

22. This certification does not authorize drafting of surface waters.

23. Caltrans shall provide access to the Project construction site upon request by

Regional Water Board staff.

24. Initial water pollution control training described in Caltrans 2015 Standard Specifications 13-1.01D(3), Training, shall apply to all Caltrans employees, contractors, and sub-contractors. Initial water pollution control training topics shall include Regional Water Board 401 certification and construction general permit requirements, identification of state waters and riparian areas, and violation avoidance and discharge reporting procedures.

25. Caltrans shall maintain logs of all Caltrans staff, contractors, and sub-contractors trained pursuant to the Caltrans 2015 Standard Specifications 13-1.01D(3). The logs shall include the names of trainees, training dates, and summary of the scope of training. Caltrans shall provide evidence of this documentation upon the request of the Regional Water Board.

26. If an unauthorized discharge to surface waters (including wetlands, rivers or streams) occurs, or any other threat to water quality arises as a result of Project implementation, the associated Project activities shall cease immediately until the threat to water quality is otherwise abated. If there is a discharge to State waters, the Regional Water Board shall be notified no more than 24 hours after the discharge occurs.

27. Uncured concrete shall not be exposed to State waters or surface waters that may discharge to State waters. Concrete sealants may be applied to the concrete surface where difficulty in excluding flow for a long period may occur. If concrete sealant is used, water shall be excluded from the site until the sealant is cured. If groundwater comes into contact with fresh concrete, it shall be prevented from flowing towards surface water.

28. Ground and surface water that has come into contact with fresh concrete, and all

other wastewater, shall not be discharged to State waters or to a location where it may discharge to State waters; the wastewater shall be collected and re-used or disposed of in a manner approved by the Regional Water Board.

29. All imported fill material shall be clean and free of pollutants. All fill material shall be

imported from a source that has the appropriate environmental clearances and permits. The reuse of low-level contaminated solids as fill on-site shall be performed

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Standard Conditions (continued)

in accordance with all State and Federal policies and established guidelines and must be submitted to the Regional Water Board for review and consideration of acceptance.

30. Caltrans shall provide a copy of this certification and State Water Resources Control Board (SWRCB) Order No. 2003-0017-DWQ (web link referenced below) to the contractor and all subcontractors conducting the work, and require that copies remain in their possession at the work site. Caltrans shall be responsible for work conducted by its contractor and subcontractors.

31. The validity of this certification is conditioned upon total payment of any fee required

under title 23, California Code of Regulations, section 3833. The total application fee is $7,775. The Regional Water Board received an initial application fee of $720.

32. This certification will be subject to annual billing during the construction phase (“Annual Active Discharge Fee”) and during the monitoring phase of the Project (“Annual Post Discharge Monitoring Fee”), per the current fee schedule, which can be found on our website: https://www.waterboards.ca.gov/northcoast/water_issues/programs/water_quality_certification/. These fees will be automatically invoiced to Caltrans.

33. Caltrans shall notify the Regional Water Board upon Project construction completion to request termination of the Annual Active Discharge Fee. If the Project is subject to the Annual Post Discharge Monitoring Fee, then Caltrans shall also notify the Regional Water Board at the end of the monitoring period to request termination of the fee. Caltrans may be required to submit completion reports at the end of each of these phases. Regional Water Board staff may request site visits at the end of each Project phase to confirm Project status and compliance with this certification.

34. 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 title 23, California Code of Regulations, section 3855, subdivision (b) and the application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought.

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 applicable state or federal law. For the purposes of section 401(d) of the Clean Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the

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Standard Conditions (continued)

water quality standards and other pertinent requirements incorporated into this certification. In response to a suspected violation of any condition of this certification, the State Water Board may require the holder of any federal permit or license subject to this certification to furnish, under penalty of perjury, any technical or monitoring reports the State Water Board deems appropriate, provided that the burden, including costs, of the reports shall bear a reasonable relationship to the need for the reports and the benefits to be obtained from the reports. In response to any violation of the conditions of this certification, the Regional Water Board may add to or modify the conditions of this certification as appropriate to ensure compliance.

36. This certification action is subject to modification or revocation upon administrative or judicial review; including review and amendment pursuant to Water Code section 13330 and title 23, California Code of Regulations, section 3867.

37. In the event of any change in control of ownership of land presently owned or controlled by Caltrans, Caltrans shall notify the successor-in-interest of the existence of this certification by letter and shall forward a copy of the letter to the following email address: [email protected]. The successor-in-interest shall e-mail the Regional Water Board Executive Officer at: [email protected] to request authorization to discharge dredged or fill material under this certification. The request must contain the following:

i) Effective date of ownership change;

ii) Requesting entity’s full legal name;

iii) The state of incorporation, if a corporation;

iv) The address and phone number of contact person; and

v) A description of any changes to the project or confirmation that the successor-in-interest intends to implement the project as described in this certification.

38. Except as may be modified by any preceding conditions, all certification actions are

contingent on:

i) The discharge being limited, and all proposed revegetation, avoidance, minimization, and mitigation measures being completed, in strict compliance with Caltrans’s project description and CEQA documentation, as approved herein;

ii) Caltrans shall construct the Project in accordance with the project described in the application and the findings above; and

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Standard Conditions (continued)

iii) Compliance with all applicable water quality requirements and water quality control plans including the requirements of the Water Quality Control Plan for the North Coast Region (Basin Plan), and amendments thereto.

39. Any change in the design or implementation of the Project that would have a significant or material effect on the findings, conclusions, or conditions of this certification must be submitted to the Executive Officer of the Regional Water Board for prior review, consideration, and written concurrence. If the Regional Water Board is not notified of a significant alteration to the project, it will be considered a violation of this certification, and Caltrans may be subject to Regional Water Board enforcement actions.

40. The authorization of this certification for any dredge and fill activities expires five

years from the date of this certification. Conditions and monitoring requirements outlined in this certification are not subject to the expiration date outlined above, and remain in full effect and are enforceable.

Conditions 1, 2, 4, 5, and 6 are requirements for information and reports. Any requirement for a report made as a condition to this certification is a formal requirement pursuant to California Water Code section 13267, and failure or refusal to provide, or falsification of such required report is subject to civil liability as described in California Water Code, Section 13268. The Regional Water Board may add to or modify the conditions of this certification, as appropriate, to implement any new or revised water quality standards and implementation plans adopted or approved pursuant to the Porter-Cologne Water Quality Control Act or section 303 of the Clean Water Act. Please contact our staff Environmental Scientist, Brandon Stevens at (707) 576-2377, or via e-mail, at [email protected], if you have any questions. _________________________________ Matthias St. John Executive Officer 180430_BDS_dp_SON116_Llano_LeftTurnLane_401

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Original to: Ms. Lilian Acorda, Caltrans, District 4, 111 Grand Ave. Oakland, CA 94612 [email protected]

cc: Kevin Schwartz, U.S. Army Corps of Engineers [email protected] Rachelle Pike, CA Dept. of Fish and Wildlife [email protected] Darren Howe, U.S. National Marine Fisheries Service [email protected]

John Cleckler, U.S. Fish and Wildlife Service [email protected] State Water Resources Control Board [email protected]

Environmental Protection Agency, Region 9 [email protected] Cyrus Vafai, Caltrans [email protected]

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Figure 1 – Project Elements and Biological Study Area

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Figure 2 – Project impacts (bed, bank, and channel)

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Figure 3 – Project impacts (riparian)

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Figure 4 – Project layout plan sheets

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