Technical Memorandum No. 16 -...
Transcript of Technical Memorandum No. 16 -...
Technical Memorandum No. 16
June 10, 2013
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Federal and State environmental impact mitigation requirements will stem from the California
Environment Quality Act (CEQA) and Corps of Engineers compliance processes. Because project
construction is proposed to be funded with a loan from the State Water Resources Control Board
(SWRCB) State Revolving Fund (SRF) Loan program environmental compliance is subject to
compliance with federal environmental regulations. These “CEQA-Plus” or “NEPA-Like”
requirements expand the typical content requirements of CEQA to include federal environmental
regulations, including the preparation of studies to satisfy federal environmental regulatory
requirements. As part of CEQA, and defined in Public Resources Code Section 21081.6, the City
must “adopt a reporting or monitoring program for the changes made to the project or conditions
of project approval, adopted in order to mitigate or avoid significant effects on the environment.”
Mitigation requirements will need to be defined during the planning and pre-design phases of the
project and included in the request for proposal as requirements for the design-build contractor.
The mitigation requirements often include important federal, state and local requirements, many
of which are discussed below.
Federal permitting requirements include compliance with the requirements of the Endangered
Species Act (ESA), the National Historic Preservation Act (NHPA), and the U.S. Army Corps of
Engineers Section 404 Permit program for impacts to jurisdictional waters.
Some examples of activities subject to State permitting requirements are: construction storm
water discharges, construction dewatering, treatment basin abandonment, levee protection, air
quality and safety.
County level permitting requirements involve: encroachment permits, traffic control and roadway
repair agreements, health department approval for new wells and well abandonment, and flood
plain development permits.
City level permitting requirements involve: Fire Marshal review, business licenses, and building
department approvals and inspection.
Utility permitting for this project pertains to the planning process with the electric utility Pacific
Gas and Electric (PG&E) to ensure there is adequate power available at completion of
construction for operation of the new facilities. With a project of this magnitude, extensive
modifications to PG&E’s power distribution system may be required. If new power transmission
line routes were required, they would need to be permitted through the CEQA process.
PERMIT REQUIREMENTS AND PROCUREMENT BY PROJECT PHASE
Organizing permitting requirements by project activity and/or delivery phase helps to identify the
timing, budgeting and staff resources needed for procurement activities. Permits are grouped by
project delivery activity/phase as follows:
Environmental Permit Activity
— Permitting activities and responsibilities required in the CEQA and CEQA Plus
process
— Mitigation land and/or mitigation credit purchases
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Funding Activities
— Environmental, permitting requirements and project requirements stipulated by
funding sources
RFP Development and Design-Build Phases
— Other state and local requirements known to the City and its consultants
— PG&E Coordination
The design-build process adds to the complexity of the permitting process because the design will
be at the preliminary stage at the time of selection of the design-build contractor. Many
permitting agencies require final design drawings before issuing permits. Examples are Yolo
County encroachment permits, building departments, and air quality permits. The result is that
some permit procurement activities will be started during the pre-design/RFP phase by the City
and then completed during construction by the design-build contractor. The sharing of these
responsibilities between the City and design-build contractor will need to be carefully defined in
the RFP.
The permit procurement process will fall into one of three categories:
Permits to be procured by the City during the planning and pre-design/RFP phase
(mostly environmental and CEQA related),
Permits to be started by the City during the pre-design period and defined in the RFP
for final procurement by the design-build contractor; and
Permits to be defined and listed in the RFP for procurement by the design-build
contractor.
Each permit’s procurement process category is identified in the Permitting Table.
REQUIRED PERMITS, AGREEMENTS, APPLICATIONS AND RESPONSIBILITIES
Environmental Permitting Requirements
The environmental review undertaken during the CEQA process will result in imposing both
procedural and substantive requirements on the pre-design and design build phases of the project.
These will be defined as mitigation requirements. An initial review of the project and its
environmental effects was conducted. A mitigated negative declaration is being prepared. Project
mitigation requirements will be developed and responsibility for these will need to be
appropriately assigned to the City or the design-build contractor in the RFP.
CEQA mitigation requirements are typically required in the following categories:
Roadway traffic
Hazardous materials management
Storm water pollution and drainage
Clean Water Act Section 401 Certificate
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Drainage plan
Construction site dewatering
Trenching and excavation
Protection of biological resources
— Re-vegetation plan
— Construction timing based on breeding seasons
— Avoidance of rare plants
— Protection of endangered species
— Avoidance of vernal pools and seasonal wetlands
— Construction monitoring
Noise control
Air quality control
General and miscellaneous requirements regarding; corrosive soils, outdoor lighting,
archeological indicators, fire protection, landscaping, embankment protection
CEQA requires full disclosure of all aspects of the project, including impacts and mitigation
measures that are not only regulated by state agencies, but also by federal agencies. The following
federal requirements may apply:
U.S Army Corps of Engineers Section 404 CWA Permit Compliance
Based on database searches and a reconnaissance-level site inspection, potentially jurisdictional
features do occur within the vicinity of the limits of construction activity of a seasonal stream and
Other Waters of the U.S. (Willow Slough Bypass). Although these features have not been verified
by the Corps, they will likely fall under the jurisdictional purview of the Corps. Impacts to these
resources through implementation of the project would be significant, thus a Section 404 permit
would be required from the Corps.
Federal Endangered Species Act (ESA), Section 7
The United States Department of the Interior, Fish and Wildlife Service (USFWS) and the
United States Department of Commerce National Oceanic and Atmospheric Administration,
National Marine Fisheries Service (NMFS) must be consulted for any project that will have the
potential to adversely impact a federal special-status species. The USEPA delegated the State
Water Board to act as the non-federal lead for initiating informal Section 7 ESA consultation
with the USFWS. The State Water Board will coordinate with the USEPA for projects requiring
formal Section 7 ESA consultation with the USFWS and projects that will impact federal
special-status fish species under the NMFS jurisdiction. The USFWS and NMFS must provide
written concurrence prior to a CWSRF financing agreement. USFWS and NMFS comments
may include conservation measures, for which the applicant’s CWSRF financing agreement
will be conditioned to ensure compliance.
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National Historic Preservation Act (NHPA), Section 106
The NHPA focuses on federal compliance. Section 106 requires Federal agencies to take into
account the effects of their undertakings on historic properties. The Section 106 process seeks to
accommodate historic preservation concerns with the needs of Federal undertakings through
consultation among the agency official and other parties with an interest in the effects of the
undertaking on historic properties. The goal of consultation is to identify historic properties
potentially affected by the undertaking, assess its effects and seek ways to avoid, minimize or
mitigate any adverse effects on historic properties. The Section 106 compliance efforts and
reports must be prepared by a qualified researcher that meets the Secretary of the Interior’s
Professional Qualifications Standards.
In addition, CEQA requires that impacts to cultural and historic resources be analyzed. The
“CEQA and Archeological Resources” section from the Governor’s Office of Planning and
Research CEQA Technical Advice Series states that the lead agency obtains a current records
search from the appropriate California Historical Resources Information System Center. Also, to
contact the Native American tribes that are culturally affiliated with a project area from the list
obtained from the Native American Heritage Commission (NAHC).
Clean Air Act
For CWSRF financed projects, the City’s environmental consultant recommends including a
general conformity section in the CEQA documents so that another public review process will not
be needed, should a conformity determination be required. The City should check with its local
air quality management district and review the Air Resources Board California air emissions map
for information on the State Implementation Plan. For information on the analysis steps involved
in evaluating conformity, contact the State Water Board environmental staff through the assigned
Project Manager.
Floodplain Management – Executive Order 11988
Each agency shall take action to reduce the risk of flood loss, to minimize the impact of floods on
human safety, health and welfare, and to restore and preserve the natural and beneficial values
served by floodplains in carrying out its responsibilities. Before taking an action, each agency
shall determine whether the proposed action will occur in a designated floodplain. The generally
established standard for risk is the flooding level that is expected to occur every 100 years. If an
agency determines or proposes to, conduct, support, or allow an action to be located in a
floodplain, the agency shall consider alternatives to avoid adverse effects and incompatible
development in the floodplains.
Migratory Bird Treaty Act (MBTA)
The MBTA restricts the killing, taking, collecting and selling or purchasing of native bird species
or their parts, nests, or eggs. The MBTA, along with subsequent amendments to this act, provides
legal protection for almost all breeding bird species occurring in the United States and must be
addressed under CEQA. In the CEQA document, each agency must make a finding that a project
will comply with the MBTA.
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Protection of Wetlands – Executive Order 11990:
Projects, regardless of funding, must get approval for any temporary or permanent disturbance
to federal and state waters, wetlands, and vernal pools. The permitting process through the
United States Army Corps of Engineers (USACE) can be lengthy, and may ultimately require
project alterations to avoid wetlands and waters of the United States. Applicants must consult
with the USACE early in the planning process if any portion of the project site contains
wetlands, or other federal waters. The California State Water Boards are involved in providing
approvals through the Clean Water Act Section 401 Water Quality Certification Program and/or
Waste Discharge Requirements.
Safe Drinking Water Act, Source Water Protection:
Projects must comply with the Safe Drinking Water Act and document whether or not a project
has the potential to contaminate a sole source aquifer. For projects impacting a listed sole source
aquifer, the applicant must identify an alternative project location, or develop adequate mitigating
measures in consultation with the USEPA.
Environmental Justice – Executive Order No. 12898:
The project owner must identify and address any disproportionately high and adverse human
health or environmental effects of the project’s activities on minority and low-income
populations. USEPA has defined environmental justice as “the fair treatment and meaningful
involvement of all people regardless of race, color, national origin, or income with respect to the
development, implementation, and enforcement of environmental laws, regulations, and policies.”
Funding Application Requirements
Funding programs such as the Clean Water State Revolving Fund (CWSRF) will require CEQA
compliance and specific construction contract requirements. If alternative funding programs are
pursued, additional requirements need to be identified as soon as possible and included in the
permitting procurement process.
Regarding environmental compliance, the State Water Resources Control Board (State Water
Board) uses the California Environmental Quality Act (CEQA) review process and compliance
with federal environmental laws and regulations to satisfy the environmental requirements of the
Clean Water State Revolving Fund (SRF) Program Operating Agreement between the United
States Environmental Protection Agency (USEPA) and the State Water Board. The SRF Program
is partially funded by a capitalization grant from the USEPA. The issuance of funds from the SRF
Program is equivalent to a federal action, and thus, compliance with federal environmental laws
and regulations is required for projects being funded under the SRF Program.
All SRF Program applicants must submit adequate and complete environmental documentation to
the State Water Board. Following submittal of an applicant’s environmental documents, the State
Water Board will review the documents to determine if the information is sufficient to document
compliance with the SRF Program environmental requirements, including making a
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determination if consultation with federal authorities is required, and may request additional
environmental information, when needed.
Regarding construction contract requirements, the following items (details are available from the
CWSRF website) should be incorporated into the RFP:
Elimination of segregated facilities
Identification of contractor’s license classification
Competitive bidding requirement
Listing of sub-contractors / Disadvantaged Business Enterprise DBE good faith effort
“Acts of god’ insurance
Project progress payments
Securities in lieu of retention
Employment permits
Trench excavation plan
Separate bid item for sheeting
Construction Contract Checklist
CWSRF project sign requirements
Pre-design and Design-build Requirements
These are permits and agreements that affect the design basis and design-build process of the
Project. The City’s environmental consultant should determine which of the following are
required to be addressed:
U.S. Army Corps of Engineers Section 404 CWA Permit Compliance
Section 7 Endangered Species Act Consultation
Section 106 Consultation
CDFG Section 2080.1 Consistency Determination
Section 401 CWA Permit
FEMA CLOMAR Application for the Facility Site
If the City intends to forego purchase National Flood Insurance through FEMA, it will need to
submit a Letter of Map Revision (LOMR) to Department of Homeland Security (DHS) – Federal
Emergency Management Agency (FEMA) demonstrating that the site is outside the 100-year
flood plain.
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The process to obtain a Letter of Map Revision (LOMR) from FEMA can take many months and
the submission of a Conditional Letter of Map Revision (CLOMR) begins this process and
increases the likelihood of a timely FEMA approval and issuance of a LOMR. The CLOMR will
provide FEMA’s comment on the proposed project that would, upon construction, result in the
modification of the existing Special Flood Hazard Area (SFHA). The CLOMR will not remove
the site from the SFHA or change the FEMA National Flood Insurance Program (NFIP) Map. A
LOMR application will have to be submitted to DHS-FEMA once the site has been protected in
order to official remove the treatment facility site from the SFHA and revise the NFIP Map.
The City will need documentation from the design-build contractor to assist with the following
tasks for the CLOMR:
1. Prepare a Technical Memorandum describing the proposed site work, analysis
methods, and results.
2. Complete application forms.
3. Develop and conduct hydraulic modeling to determine the revised SFHA based on the
proposed site work.
4. Prepare a preliminary site plan indicating proposed site elevations and the extents of
site work.
5. Prepare a certified topographic map.
6. Prepare annotated DHS-FEMA Flood Insurance Rate Map (FIRM) to reflect changes
due to site work.
7. Prepare documentation that demonstrates compliance with the Endangered
Species Act.
8. Submit copies of FEMA CLOMR application to the City of Davis Building
Department.
FEMA LOMR Application for the Facility Site
The City will likely obtain a LOMR from DHS-FEMA. The LOMR is FEMA’s modification of the
effective FIRM and is the final step to officially remove the facility site from the FEMA SFHA.
To facilitate this process, the design-build contractor will need to provide the following
information nine months prior to the completion of construction of the facility:
1. Certified topographic map indicating building pad elevations and building finish floor
elevations. Map must be certified by a registered civil engineer or land surveyor.
2. As-built plans for the building pads (grading plan) and site plan.
The City will need documentation from the design-build contractor to assist with completing the
following tasks within two months of receiving Items 1 and 2 above:
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1. Prepare Technical Memorandum describing changes to the work since submittal of the
CLOMR application, changes to the hydraulic model (if necessary), and a comparison
of the results from the CLOMR application and LOMR applications.
2. Complete application forms.
3. Update hydraulic models, as necessary, to reflect the as-built plans.
4. Prepare annotated DHS-FEMA FIRM to reflect final floodplain map revisions.
5. Prepare GIS based database indicating the proposed revised floodplain.
6. Submit copies of application and associates documents to the City of Davis Building
Department.
Encroachment Permits and Easements
Encroachment permits will be required from the following jurisdictions:
Central Valley Flood Protection Board: Permanent and temporary construction
easement(s) for the effluent pipeline alignment and/or modifications to the levee
crossings, roadway improvements, and flood berm/wall tie-in points.
Yolo County: facility access roads – encroachment permit and permanent and
temporary construction easement(s) on County road right-of-way (if any).
Coordination with the RWQCB for Waste Discharge Permit
Not covered in this TM
Construction General Permit for Stormwater
The 1972 amendments to the Federal Water Pollution Control Act established the National
Pollutant Discharge Elimination System (NPDES) permit program to control discharges of
pollutants from point sources. The 1987 amendments to the Clean Water Act (CWA) created a
new section of the CWA devoted to stormwater permitting (Section 402(p)). The EPA has
delegated permitting authority to the State Water Resources Control Board (SWRCB). The
SWRCB issues both general and individual permits. Construction activities are regulated under
the NPDES General Permit for Stormwater Discharges Associated with Construction Activity
(General Permit), Order No. 2009-DWQ and NPDES No. CAS000002, Effective July 1, 2010.
This General Permit supersedes Order No. 99-08-DWQ except for enforcement purposes.
Dischargers whose projects disturb one or more acres of soil or whose projects disturb less than
one acre but are part of a larger common plan of development that, in total, disturbs one or more
acres, are required to obtain coverage under the General Permit, Construction General Permit
Order 2009-0009-DWQ. The project will require coverage
Coverage under the General Permit requires the submission of Permit Registration Documents
(PRDs) prepared by a Qualified SWPPP Developer (QSD).
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PRDs include the following:
Notice of Intent (NOI)
Risk Assessment
Site Map
SWPPP
Annual Fee
Signed Certification Statement
Submission of PRDs, Annual Reports and other compliance documents must be made using the
State’s on-line application system – Stormwater Multi-Application and Reporting Tracking
System (SMARTS). Implementation of the requirements of the permit and the SWPPP during
construction must be done by a Qualified SWPPP Practitioner (QSP).
While the City will be the Legally Responsible Person (LRP) for the Permit to the RWQCB for
causing the preparation of and compliance with the various PRDs called for in the permit, the City
will require the design-build contractor to provide the detailed planning and compliance activities
required insofar as they would potentially affect methods and means of performing the work.
The design-build contractor should be responsible for the following items and fees:
1. Prepare all PRDs, in accordance with Permit requirements, for review and approval by
the City prior to submission.
2. Pay all Permit fees.
3. Comply with the SWRCB, RWQCB, County, City, and other local agency
requirements regarding stormwater management, inspection, and monitoring.
4. Prepare and submit the SWPPP for City review at least 30 days prior to any soil disturbing
construction in accordance with Permit requirements.
5. Install, construct, implement, monitor, maintain and remove upon completion all of the
BMPs and other pollution prevention measures in accordance with the Permit.
6. Provide the City the names and 24-hour phone numbers for parties responsible for
implementing, monitoring, inspecting and maintaining the SWPPP.
7. The design-build contractor should be bound to the conditions on the NOI and will be
responsible for all costs associated with the implementation of the Plan, including all
fines, damages and job delays incurred due to failure to implement the requirements of
the Permit.
8. The design-build contractor should maintain a copy of the NOI, Plan and Permit at the
Project Site at all times, and shall make the Plan available to City, City Representatives,
and the State Water Quality Control Board during construction activities. The design-
build contractor should allow authorized agents of the Water Quality Control Board,
SWRCB, U.S. Environmental Protection Agency, and local stormwater management
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personnel upon the presentation of credentials and other documents as may be required by
Laws and Regulations to accomplish the following:
a. Enter, at reasonable times, upon the construction site and facilities pertinent to
the Work.
b. Have access to and copy, at reasonable times, any records that must be kept as
specified in the Permit.
c. Inspect, at reasonable times, the construction site and related erosion and
sediment control measures.
d. Sample or monitor, at reasonable times, for the purpose of ensuring
compliance with the Permit.
9. The design-build contractor should notify the City immediately following a request
from any regulatory agency to enter, inspect, sample, monitor or otherwise access the
project site or its records.
10. The design-build contractor should the proper actions to prevent stormwater coming
into contact with contaminants and sediments from migrating offsite or entering storm
sewer drainage systems. The design-build contractor should take immediate action if
directed by the City, or if the design-build contractor observes contaminants and/or
sediments entering the storm drainage system, to prevent further stormwater from
entering the system.
11. The design-build contractor should update the SWPPP whenever there is a change in
construction or operations which may affect the discharge of pollutants to stormwater.
12. The design-build contractor should be responsible for meeting the requirements of the
General Permit, except as specifically noted herein.
13. Submit all documents and reports to the City prior to uploading to the SMARTS
website.
14. SWPPP shall be prepared by a Qualified SWPPP Developer (QSD), as defined in
Section VII of the General Permit.
15. The SWPPP and each amendment to the SWPPP must be signed by the QSD.
16. Designate a QSP.
17. Ensure all BMPs are implemented by a QSP.
18. QSP is responsible for non-stormwater and stormwater visual observations, sampling
and analysis.
19. QSP shall meet the certification requirements of Section VII of the General Permit.
20. Prepare the annual compliance report and submit to the City 30 days prior to
September 1 of each year. Annual report shall comply with the requirements of
Section XVI – Annual Reporting Requirements of the General Permit. Submit the
annual report using the SMARTS system.
21. Prepare all documents required for the Notice of Termination (NOT) when
construction is complete.
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22. If a violation of the Permit is due to the design-build contractor’s actions, or inactions,
and a fine is assessed, the design-build contractor shall be responsible for the fine.
Regional Board Permit for Construction Dewatering
The design-build contractor should be assigned responsibility for obtaining all governmental
approvals from agencies with control over all dewatering matters and for complying with all
regulatory requirements applicable to construction dewatering.
Construction dewatering for the Project is regulated by the Central Valley Regional Water
Quality Control Board (Regional Board).
The cost of the design-build contractor’s dewatering program will depend on the nature of the
discharge, and the discharge requirements imposed by the Regional Board. The City should
review the following Regional Board regulatory documents, which could potentially be used to
regulate the discharge:
1. Coalition Group Conditional Waiver of Waste Discharge Requirements for Discharges
from Irrigated Lands (Order Nos. R5-2006-0053 and MRP R5-2008-0005). This
option currently enables agricultural use of the water.
2. The Regional Board Statewide General Waste Discharge Requirements for
Discharges to Land with a Low Threat to Water Quality (SWRCB Water Quality
Order No. 2003 – 0003 - DWQ), if appropriate, for any dewatering activity,
including removal and discharge of groundwater, accumulated rainwater and
removal of water from cofferdams or diversions.
3. The Regional Board Dewatering and other Low Threat Discharges to Surface Waters
General Permit (Order No. R5-2008-0081, NPDES No. CAG995001), if appropriate,
for any dewatering activity, including removal and discharge of groundwater,
accumulated rainwater and removal of water from cofferdams or diversions.
4. The Regional Board Waste Discharge Requirements for Limited Threat Discharges of
Treated/Untreated Groundwater from Cleanup Sites, Wastewater from
Superchlorination Projects, and Other Limited Threat Wastewaters to Surface Water
(Order No. R5-2008-0082, NPDES No. CAG995002), if appropriate, for any
dewatering activity, including removal and discharge of groundwater, accumulated
rainwater and removal of water from cofferdams or diversions.
Agricultural use of dewatering water, if available, would most likely be the most economical
discharge method, provided all regulatory requirements are met. The basic regulatory concept that
applies to groundwater generated during construction dewatering is that if the water is not
disposed, but is instead beneficially used for agricultural production, then a waste discharge
requirements order, such as listed above, will not be required. The rate of water usage must be the
same rate that would have been used for agricultural production in the absence of the discharge.
In other words, the usage of the groundwater generated by construction dewatering must be at
agronomic rates. During the non-growing season, the groundwater generated by construction
dewatering can be used for rice decomposition, but at the same rate that water production would
have been used in the absence of the dewatering project.
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Under these circumstances, which do not involve disposal of the water, the Regional Board will
regulate the discharge under the irrigated lands program. Currently the applicable standard is the
Coalition Group Conditional Waiver of Waste Discharge Requirements for Discharges from
Irrigated Lands (Order Nos. R5-2006-0053 and MRP R5-2008-0005). Current monitoring is
under the auspices of the Yolo County Farm Bureau (the Farm Bureau) Subwatershed Program.
Regarding dewatering operations, the design-build contractor should be held responsible for sand
infiltration, migration of fines and consequent land settlement issues and liabilities.
Authority to Construct/Permit to Operate – Yolo Solano Air Quality Management District
The design-build contractor should be required to comply with all air pollution control rules,
regulations, ordinances and statutes which apply to any work performed on the Project, including
any air pollution control rules, regulations, ordinances and statutes, specified in California
Government Code Section 11017.
Yolo Solano Air Quality Management District (District) will have specific restrictions and
requirements related to construction activities at worksites. The design-build contractor should be
required to assume full responsibility for conforming to the District’s restrictions and
requirements, including all permit fees.
The District requires several governmental approvals prior to the initiation of construction
activities, including:
1. Authority to Construct.
2. Permit to Operate.
3. Standby Emergency Engine Permit as required.
In the event the regulatory agency levies any fine or charge against the City as a result of the
design-build contractor’s failure to comply with this regulation, the design-build contractor
should reimburse the City upon demand the full amount of said fine. The City should have the
right to deduct funds from monies due the design-build contractor should the design-build
contractor fail to reimburse the City as stated herein.
Cal OSHA Safety Permits
The design-build contractor should apply for, obtain, and pay for all safety related governmental
approvals required by the Department of Industrial Relations, Cal OSHA and the California Code
of Regulations, Title 8. These governmental approvals include, but are not limited to, the
following areas: excavations, tunneling and underground classification, trenches, construction
(building structure, scaffolding, or falsework) and demolition.
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Central Valley Flood Protection Board / RD1600 – Levee Crossing and Construction
The Central Valley Flood Protection Board (CVFPB) is responsible for levee protection. The City
will apply for, obtain, and pay for all permits required by the CVFPB for work performed at
levees in CVFPB’s jurisdiction. Any permit modifications triggered by levee modifications that
deviate from the approved permit(s) will be the responsibility of the Contractor.
As listed below, coordination with and approval of the local jurisdiction that has responsibility to
maintain the levee (Reclamation District 2035) is required.
A CVFPB permit is required for any project or plan of work that:
1. Is within federal flood control project levees and within a CVFPB easement, or
2. May have an effect on the flood control functions of project levees, or
3. Is within a CVFPB designated floodway, or
4. Is within regulated Central Valley streams listed in Table 8.1 in Title 23 of the
California Code of Regulations.
Typical Permit components include but are not limited to the following:
1. Encroachment Permit Application – DWR Form 3615.
2. Environmental Assessment Questionnaire – DWR Form 3615a.
3. Endorsement from the jurisdiction (RD 2035) that has responsibility for levee
maintenance.
4. Exhibits/Drawings depicting the work. Shall be produced in 8-1/2- by 11-inch format.
Drawings shall including the following:
a. Location map.
b. Plan and elevations views.
c. Levee cross sections indicating the elevation of crown, toes, low-water surface,
and design floodplain.
5. Necessary documents to show CEQA compliance (i.e., Categorical Exemption,
Negative Declaration, or EIR).
6. At the time of this writing, construction within the Yolo Bypass is not anticipated for
this project. However, should this change, note that construction is not allowed in the
Yolo Bypass nor in the Willow Slough Bypass from November 1st to April 15
th each
year or when there is flooding, per Title 23 of the California Code of Regulations.
The design-build contractor must notify the Department of Water Resources ten (10) days before
construction begins by mailing the start card provided by the CVFPB when the permit is issued.
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Yolo County Requirements
The City should meet with Yolo County representatives regarding the Project. Typical Yolo
County requirements are listed below:
1. Coordination with County will be through Mr. Panos Kokkas, 292 West Beamer
Street, Woodland, CA. [email protected], (530) 666-8775.
2. Use County Standards and Standard Details for reconstruction of County roads in the
County jurisdiction (none anticipated).
3. Pipeline cross-sections in County jurisdictions to be reviewed by the County (none
anticipated).
4. Coordination with the Farm Bureau required regarding construction traffic plans. The
Farm Bureau is particularly concerned with traffic conditions during harvest and
access during emergencies such as “flood fights.”
5. The design-build contractor should submit pipeline plans for construction located in
County jurisdictions for County review at the 30, 60, 100-percent design level (none
anticipated).
6. The design-build contractor shall submit plans for construction located in County
jurisdictions for County review at the 90-percent design level, including traffic
handling plans.
7. Applicable County governmental approvals and other information that may be
required:
a. Encroachment Permits or related agreement work in County roads.
b. Flood Hazard Development Permit
c. Yolo County Well Permits in County jurisdiction for any new wells (such as
dewatering wells) related to the work.
d. SWPPP for construction in County jurisdiction.
e. All applicable Project-related County fees should be paid by the design-build
contractor.
f. Inspections in County jurisdiction: the County will only inspect items related to
traffic and road restoration and inspectors will be present whenever roads are
being paved.
g. Testing in County jurisdiction: the County will not perform testing, but will
require copies of all compaction and other tests.
h. Road closure schedules.
Local Fire Marshal Jurisdiction Approval
The design-build contractor should obtain review and approval from the City of Davis Fire
Department for work associated with the construction of the project. Approvals anticipated are
as follows:
1. Storage of hazardous materials and for fire code compliance for work associated with
the construction and operation of facilities.
Technical Memorandum No. 16
June 10, 2013
Page 16
N:\C\011\00-12-42\WP\011613 np2 TM Permitting
2. Approval of construction traffic plans.
3. Approval of the Emergency Response Plan for the Project.
Building Department Permits / Planning Commission
The design-build contractor should be responsible for obtaining Encroachment Permit(s) and
paying associated fees, as required for construction within City of Davis streets.
The Facility is within the City of Davis city limits and may be subject to Planning Commission
review and comment. The design-build contractor should be responsible for preparing
architectural renderings from three viewpoints and preparing presentation materials at three
commission meetings.
The design-build contractor should be responsible for preparing Building Department Plan Check
Review Documents and responses to Plan Check Review Comments until plans are approved.
The design-build contractor should be responsible for paying all related costs to obtain Building
Permits for occupied buildings and structures in the Project, such as administration buildings,
maintenance buildings, canopies and electrical buildings.
The design-build contractor should be responsible for obtaining any permits required for the
disposal of materials and equipment not reused or salvaged
Pacific Gas and Electric Company Power (PG&E)
The City has initiated coordination with PG&E toward purchasing power to operate the Project
facilities because of the Project’s size and the possibility of a long lead time to arrange for power.
PG&E is studying the possible electrical power distribution system modifications that may be
required. Applications for power during the construction process shall be the responsibility of the
design-build contractor.
Permitting Table
City to Procure
City and D-B Contractor to
Procure
D-B Contractor to
Procure
CEQA Plus Compliance CEQA requires full disclosure of all aspects of the project, includingimpacts and mitigation measures that are not only regulated by stateagencies, but also by federal agencies. Early consultation with stateand federal agencies in the CEQA process will assist in minimizingchanges to the project when funding is being requested from theState Water Board.
X
Mitigation Requirements The environmental review undertaken during the CEQA Plus process will result in imposing both procedural and substantive requirements on the pre-design and design build phases of the project. These will be defined as mitigation requirements.
X
Mitigation - Wetland or Species Land Offset Purchases
XCity to procure prior to start of construction, if needed
Clean Water Act Section 404 Individual Permit, US Army Corps of Engineers X
Federal Endagerd Species Act: Section 7 Consultation/ Biological Assessment/Biological Opinion
The United States Department of the Interior, Fish and Wildlife Service (USFWS) and the United States Department of Commerce National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NMFS) must be consulted for any project that will have the potential to adversely impact a federal special-status species. The USEPA delegated the State Water Board to act as the non-federal lead for initiating informal Section 7 ESA consultation with the USFWS.
X
CDFG Section 2080.1 CESA Consistency Determination
California Department of Fish and Game
Environmental Monitoring During Construction
X
City should be responsible for environmental surveys. D-B contractor responsibility to comply with MMRPs needs to be defined in the RFP
National Historic Preservation Act Section 106 Compliance
The NHPA focuses on federal compliance. Section 106 requires Federal agencies to take into account the effects of their undertakings on historic properties.
X
Clean Air Act For CWSRF financed projects, recommend including a general conformity section in the CEQA documents so that another public review process will not be needed, should a conformity determination be required.
X
Floodplain Management - Executive Order 11988
Each agency shall take action to reduce the risk of flood loss, to minimize the impact of floods on human safety, health and welfare, and to restore and preserve the natural and beneficial values served by floodplains in carrying out its responsibilities. Before taking an action, each agency shall determine whether the proposed action will occur in a designated floodplain. The generally established standard for risk is the flooding level that is expected to occur every 100 years.
X
Migratory Bird Treaty Act (MBTA) The MBTA restricts the killing, taking, collecting and selling or purchasing of native bird species or their parts, nests, or eggs. The MBTA, along with subsequent amendments to this act, provides legal protection for almost all breeding bird species occurring in the United States and must be addressed under CEQA.
X
Protection of Wetlands Projects, regardless of funding, must get approval for any temporary or permanent disturbance to federal and state waters, wetlands, and vernal pools. The permitting process through the United States Army Corps of Engineers (USACE) can be lengthy, and may ultimately require project alterations to avoid wetlands and waters of the United States.
X
Safe Drinking Water Act, Source Water Protection
Projects must comply with the Safe Drinking Water Act and document whether or not a project has the potential to contaminate a sole source aquifer.
X
FundingSRF X Environmental Compliance Funding programs such as the Clean Water State Revolving Fund
(CWSRF) will impose conditions of approval on the Project. Ifalternative funding programs are pursued, additional requirementsneed to be identified as soon as possible and included in thepermitting procurement process.
X
RFP Requirements Construction Contract Requirements and funding agency Boilerplate requirements will need to be incorporated into the RFP. X
SWRCB/ CV RWQCB Construction General Permit for Stormwater
The City will be the Legally Responsible Person (LRP) causing the preparation and compliance of the permit.D-B: responsible for preparation and fees.
X
SWRCB/ CV RWQCB Dewatering and Low Threat Discharges to Surface Water. Section 401 and Section 402.
The City will be the LRP causing the preparation and compliance of the permit.The D-B: responsible for preparation and fees.
X
Yolo Solano Air Quality Management District Authority to Construct/ Permit to Operate
The D-B is responsible for complying with all air pollution control rules, regulations, ordinances and statutes during construction and operation of facilities, including permit fees and fines.
X
Cal OSHA Construction Safety Permits The D-B is responsible for complying with all safety related Governmental Approvals required by the Department of Industrial Relations, Cal OSHA and the CA Code of Regulations, Title 8. X
Central Valley Flood and Protection Board Encroachment Permit
The City will apply for, obtain, and pay for all permits required by the CVFPB.
XCity to define pre-design and begin coordination with CVFPB.
FEMA Conditional Letter of map Revision(CLOMR) and Letter of Map Revision (LOMR)
If required, the City will be responsible for the CLOMR and LOMR.X
Documentation required from Contractor
City of Davis Building Department Permit and Construction Inspection
The city will pay Building Department inspection fees.The D-B will be responsible for Building Department Plan Check review and fees.
X
City Fire Marshal Review Included in Building Department Plan Check XYolo County Farm Bureau Coordination D-B is responsible to coordinate with local farmers and reclamation
districts. X
Yolo County Health Department Environmental Health Services Monitoring Well, Soil Boring and Destruction Fees and Permits
D-B applies for the permit and pays fees. City to identify monitoring well
locationsX
Yolo County Natural Heritage Program details pending XCA Dept. of Industrial Relations Tunneling, Underground Classification
If required, the D-B contractor will apply for the classification and pay fees.
X
Yolo County Encroachment Agreement/Inspection Coordination
The City will pay for inspection for pipelines in County jurisdiction (none anticipated). X
Yolo County Encroachment and Traffic Control Permits
D-B will pay for encroachment Permits and be required to rehabilitae roadways damaged by the contractor. Yolo County Requirements to be defined in the RFP regarding the access road.
X
PG&E Application / Power Supply Design / Coordination
The City will submit an initial power application to PG&E. The power application should be updated as the treatment scheme is finalized and power loads are re-calculated.
X
Procurment Process
Environmental
RFP Development and Design-Build
Permits and Agreements Permit/Agreement Details Comments
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