HomeMy WebLinkAboutPeterson-Chase General Engineering; 2010-04-02; PWI10-32UTIL Part 2 of 2SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
200-1 ROCK PRODUCTS
Add the following section:
200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand,
gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious
substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than
40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1
permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2
permeable material shall conform to the requirements in this section and Table 200-1.2.2(6).
When permeable material is required and the class or kind is not specified, Class 1 permeable
material shall be used. The alternative gradings within Class 1 permeable material are identified by
types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place
any one of the types provided for this class. The percentage composition by mass of permeable
material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(6).
TABLE 200-1.2.2(A)
CLASS 1 PERMEABLE MATERIAL
Sieve Sizes
50-mm (2")
37.5-mm(lV2")
19-mmOV4")
12.5-mm('/2")
9.5-mm (V)
4.75-mm (No. 4)
2.36-mm (No. 8)
75-um (no. 200)
Percen
Type A
—
—
100
95-100
70-100
0-55
0-10
0-3
tage Passing
Type 6
100
95-100
50-100
—
15-55
0-25
0-5
0-3
TABLE 200-1.2.2(6)
CLASS 2 PERMEABLE MATERIAL
Sieve Sizes
25-mm(1")
19-mmCV)
9.5-mm (V)
4.75-mm (No. 4)
2.36-mm (No. 8)
600-|jm (No. 30)
300-um (No. 50)
75-um (no. 200)
Percentage Passing
100
90-100
40-100
25-40
18-33
5-15
0-7
0-3
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SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
TABLE 201-1.1.2(A) Modify as follows:
TABLE 201-1.1.2(A)(3)
PORTLAND CEMENT CONCRETE
Type of Construction
All Concrete Used Within the Right-of-Way
Trench Backfill Slurry
Street Light Foundations and Survey Monuments
Traffic Signal Foundations
Concreted-Rock Erosion Protection
Concrete
Class
330-C-23
(560-C-3250) (1)
115-E-3
(190-E-400)
330-C-23
(560-C-3250)
350-C-27
(590-C-3750)
310-C-17
(520-C-2500P)
Maximum
Slump mm (Inches)
(2)
200 (8")
100 (4")
100 (4")
per Table 300-1 1.3.1
(1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall
be as per Table 201-1.1.2(A) SSPWC.
(2) As per Table 201-1.1.2(A) SSPWC.
(3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction
not shown herein as changed are not affected by this table.
201-1.2 Materials.
201-1.2.4 Chemical Admixtures, (e) Air-Entraining Admixtures. Substitute the following: The
air content shall not deviate from the percentage specified or permitted by more than 1-1/2
percentage points. The air content of freshly mixed concrete will be determined by California Test
Method No. 504.
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SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1.1 General, add the following to the third paragraph: During surface clearing operations, the
Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor
cannot successfully separate the plant growth from the surface soil and advertently or inadvertently
mixes organic or other objectionable materials with the soil, the soil so contaminated shall be
removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed
with organic or other objectionable materials and importing soil to replace said contaminated soil
shall be borne by the Contractor and no additional payment therefore shall be made to the
Contractor.
300-1.3 Removal and Disposal of Materials, add the following: Also included in clearing and
grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences,
asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate,
existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work.
Whether or not such items are shown on the plans they shall be removed as a part of clearing and
grubbing. Existing underground pipes and conduits that are shown on the plans and designated to
be removed shall be removed by the Contractor as a part of clearing and grubbing.
300-1.4 Payment, modify as follows: Payment for clearing and grubbing shall be made at the
contract lump sum price for clearing and grubbing within the project limits and at stockpile locations
and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove
all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any
type, or use, that are abandoned during the course of the work and shall replace said pipelines and
conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities
shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be
made.
300-2 UNCLASSIFIED EXCAVATION.
300-2.2.1. Unsuitable Material. Modify as follows. The removal and disposal of unsuitable material
shall be paid time and materials at the lump sum price not to exceed $5,000 per Section 3-3 of the
General Provisions.
300-2.6 Surplus Material, add the following: The Contractor shall haul and dispose of all surplus
material from the project. The Contractor shall utilize highway legal haul trucks for this export of
material from the project site and to a site secured by the Contractor. No earth moving equipment
or special construction equipment, as defined in section 565 of the California Vehicle Code, will be
allowed for hauling material on public streets.
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300-2.9 Payment, add the following: Payment for work performed under sections 300-2.2.1,
300-2.2.2, 300-2.2.3 and 300-2.2.4, when the Engineer determines that the soils are unsuitable,
shall be made for the actual labor, materials and equipment used to accomplish the work as per
section 3-3 EXTRA WORK of the specifications.
300-11 STONEWORK FOR EROSION CONTROL.
300-11.4 Payment, delete and replace as follows: Rock protection will be paid for at the lump sum
contract Price Bid for rock protection, complete and in place, in accordance with the details and
requirements of the plans and specifications.
300-13 WATER POLLUTION CONTROL PLAN
Add the following section:
300-13.1 Water Pollution Control Plan. As part of the storm water pollution prevention work, the
Contractor shall prepare and submit Water Pollution Control Plan, hereafter referred to as the
"WPCP,". The WPCP shall conform to the requirements of the "Greenbook" Standard Specifications
for Public Works Construction, the requirements in the California Storm Water Quality Association,
Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of
the Permit, the requirements in the plans and these supplemental provisions. A Notice of Intent with
the Regional Water Quality Control Board is not required for this project.
300-13.1.1 WPCP Document
Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of
the WPCP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions.
Contractor will be provided the digital format for WPCP to complete required sections. If revisions
are required, as determined by the Engineer, the Contractor shall revise and resubmit the WPCP
within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to
review the revisions. Upon the Engineer's acceptance of the WPCP, 3 additional copies of the
WPCP, incorporating the required changes, shall be submitted to the Engineer. In order to allow
construction activities to proceed, the Engineer may conditionally approve the WPCP while minor
revisions are being completed.
The objectives of the WPCP shall be to identify pollution sources that may adversely affect the
quality of storm water discharges associated with the project and to identify, construct, implement
and maintain storm water pollution prevention measures, hereafter referred to as control measures,
to reduce to the extent feasible pollutants in storm water discharges from the construction site both
during and after construction is completed under this contract.
The WPCP shall incorporate control measures in the following categories:
1. Soil stabilization practices;
2. Sediment control practices;
3. Wind erosion control practices; and
4. Non-storm water management and waste management and disposal control practices.
Specific objectives and minimum requirements for each category of control measures are contained
in the Handbook.
The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities
outlined in the WPCP.
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The WPCP shall include, but not be limited to, the following items as described in the WPCP:
1. Source Identification;
2. Erosion and Sediment Controls;
3. Non-Storm Water Management;,
4. Waste Management and Disposal;
5. Maintenance, Inspection and Repair;
6. Training;
7. List of Contractors and Subcontractors;
8. Post-Construction Storm Water Management;
9. Preparer;
10. Copy of the local permit;
11. BMP Consideration Checklist;
12. WPCP Checklist;
13. Schedule of Values; and
14. Storm Water Pollution Prevention Drawings.
The Contractor shall amend the WPCP, graphically and in narrative form, whenever there is a
change in construction activities or operations which may affect the discharge of significant
quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when
deemed necessary by the Engineer. The WPCP shall also be amended if it is in violation of any
condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm
water discharges. Amendments shall show additional control measures or revised operations,
including those in areas not shown in the initially accepted WPCP, which are required on the project
to control water pollution effectively. Amendments to the WPCP shall be submitted for review and
acceptance by the Engineer in the same manner specified for the initially accepted WPCP.
Accepted amendments shall be dated and logged in the WPCP. Upon acceptance of the
amendment, the Contractor shall implement the additional control measures or revised operations.
The Contractor shall keep a copy of the accepted WPCP and accepted amendments at the project
site. The WPCP shall be made available upon request of a representative of the Regional Water
Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency
or local storm water management agency. Requests by the public shall be directed to the Engineer.
By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating
compliance with the requirements governing the Permit. If the project is in non-compliance at any
time, the Contractor shall make a written report to the Engineer within 15 days of identification of
non-compliance.
Add the following section:
300-13-1.2 WPCP template. Utilize California Stormwater Quality Association Stormwater Best
Management Practice Handbook for Construction. Download template from
www. cabmphandbooks. com.
Add the following section:
300-13.1.3 Payment. Preparation, implementation and management of WPCP shall be considered
incidental to the items of work and no additional payment will be made therefore.
Add the following section:
300-13.1.4 WPCP Implementation. Upon acceptance of the WPCP, the Contractor shall be
responsible throughout the duration of the project for installing, constructing, inspecting and
maintaining the control measures included in the WPCP and any amendments thereto and for
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removing and disposing of temporary control measures. Unless otherwise directed by the Engineer
or specified in these supplemental provisions, the Contractor's responsibility for WPCP
implementation shall continue throughout any temporary suspension of work ordered in accordance
with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection,
maintenance, removal and disposal of control measures are specified in the "Handbook" and these
supplemental provisions.
Soil stabilization practices and sediment control measures, including minimum requirements, shall
be provided throughout the winter season, defined as between October 1 and April 30.
Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas
of the project site shall be completed, except as provided for below, no later than 20 days prior to the
beginning of the winter season or upon start of applicable construction activities for projects which
begin either during or within 20 days of the winter season.
The Contractor shall implement, year-round and throughout the duration of the project, control
measures included in the WPCP for sediment tracking, wind erosion, non-storm water management
and waste management and disposal.
The Engineer may order the suspension of construction operations, at the Contractor's cost, which
create water pollution if the Contractor fails to conform to the requirements of this section as
determined by the Engineer.
Add the following section:
300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control
measures, the Contractor shall regularly inspect and maintain the construction site for the control
measures identified in the WPCP. The Contractor shall identify corrective actions and time frames
to address any damaged measures or reinitiate any measures that have been discontinued.
The construction site inspection checklist provided in the "Handbook" shall be used to ensure that
the necessary measures are being properly implemented, and to ensure that the control measures
are functioning adequately. The Contractor shall submit one copy of each site inspection record to
the Engineer, within two days of the inspection.
During the winter season, inspections of the construction site shall be conducted by the Contractor
to identify deficient measures, as follows:
1. When the five-day rain probability forecast exceeds forty percent (40%).
2. After any precipitation which causes runoff capable of carrying sediment from the construction
site;
3. At 24 hour intervals during extended precipitation events; and
4. Routinely, at a minimum of once every week.
If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an
identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a
later date and time if requested by the Contractor and accepted by the Engineer in writing, but not
later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no
additional cost to the City.
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SECTION 303 CONCRETE AND MASONRY CONSTRUCTION.
303-1 CONCRETE STRUCTURES
303-1.6.2 Falsework Design, add the following: The Contractor shall provide all temporary bracing
necessary to withstand all imposed loads during erection, construction, and removal of any
falsework. The Contractor shall provide falsework drawings and calculations prepared by a
registered professional engineer, civil or structural, that show provisions for resolution of all loads
that may be imposed upon the falsework. Such plans and calculations shall include:
1. Resolution of all live, dead, wind, construction and impact loads that may be imposed on the
falsework.
2. Temporary bracing or methods to be used during each phase of erection and removal of the
falsework.
3. Concrete placement sequence.
4. Erection and removal sequence.
5. Deflection values for the falsework that include recommended methods to compensate for
falsework deflections, vertical alignment, and anticipated falsework deflection.
SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES
Add the following section:
313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS.
Add the following section:
313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers,
channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on
the plans and as required in the specifications, complete in place prior to opening the traveled way
served by said final and temporary traffic pavement markers, signing, railing (type K) and
appurtenances to public traffic.
313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be
placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement
markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer,
except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in
areas where removal of the markers will be required. Pavement striping, legends and markers
which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer.
The Contractor shall use temporary reflective raised pavement markers for temporary pavement
marking, except when the temporary pavement markers are used to replace patterns of temporary
traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of
the removable-type pavement markers shall conform to the section 312 "Pavement Marker
Placement and Removal", except the 14-day waiting period before placing the pavement markers on
new asphalt concrete surfacing as specified in section 312-1 "Placement", shall not apply; and epoxy
adhesive shall not be used to place pavement markers in areas where removal of the markers will
be required.
Add the following section:
313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished,
placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in
color. Channelizers shall have affixed white reflective sheeting as specified in the special
provisions. The reflective sheeting shall be 75 mm x 300mm (3" x 12") in size. The reflective
sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights,
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by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the
pavement in the same manner as provided for cementing pavement markers to pavement in section
312-1, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall
be placed on the alignment and location shown on the plans and as directed by the Engineer. The
Channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved
alignment. All layout work necessary to place the Channelizers to the proper alignment shall be
performed by the Contractor. If the Channelizers are displaced or fail to remain in an upright
position, from any cause, the Channelizers shall immediately be replaced or restored to their original
location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of
Compliance in accordance with the provisions of section 4-1.5, "Certification". Said certificate shall
certify that the Channelizers comply with the plans and specifications and conform to the prequalified
design and material requirements approved by the Engineer and were manufactured in accordance
with a quality control program approved by the Engineer.
Add the following section:
313-2 TEMPORARY TRAFFIC SIGNING.
Add the following section:
313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers,
markings, and delineators at locations shown on plans and specified herein.
Add the following section:
313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or
overturned, from any cause, during the progress of the work, the Contractor shall immediately
replace the signs in their original approved locations. The Contractor shall maintain all temporary
traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall
replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours
of such marking being discovered during non-working hours or, when the marking is discovered
during working hours, within 2 hours of such discovery of marking.
Add the following section:
Add the following section:
313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary
Channelizers, temporary signing, temporary railing (type K), temporary crash cushions and
temporary appurtenances thereto shown on the plans or required in the specifications are a part of
the lump-sum item for traffic control and payment therefore shall include full compensation for
furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in
applying, installing, maintaining, and removing temporary traffic pavement markers, Channelizers,
signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the
plans, as specified in the Standard Specification and these special provisions, and as directed by the
Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors
marking them shall include the installation, grading for installation, grading for the approach path,
maintenance, painting and re-painting, replacement of damaged units and removal and shall also be
included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of K-
rails and crash cushions when not shown on the plans and requested by the Engineer shall be made
per section 3-3, Extra Work, SSPWC.
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APPENDIX "A"
CITY OF CARLSBAD
CHANNEL REPAIR WORK
ABC CONTRACTORS
OFFICE # (760)XXX-XXXX
FIELD # (760)XXX-XXXX
Dear resident:
The City of Carlsbad will be performing channel
repair activities to the channel located at the back of
your properties. This construction will require the use
of equipment that can be noisy. Normal work hours
will be from 8:OOA.M. to 5:00 P.M.
ABC is the Contractor that will be performing the
channel repair work for the city and you may call
them at the above phone number if you have any
questions regarding the project.
If you have any concerns which cannot be addressed
by the Contractor, you may call the City's Project
Inspector @ (xxx) xxx-xxxx.
Thank you for your cooperation as we work to make
a better City of Carlsbad.
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APPENDIX B
CA REGIONAL WATER QUALITY CONTROL BOARD CERTIFICATION NO.
10C-001
California Regional Water Quality Control Board
San Diego Region
Over SO Years Serving San Diego, Orange, and Riverside Counties
Linda S. Adams
Secretary tor
Environmental Protection
Recipient of the 1004 Environmental Award for Outstanding Achievement from USEPA
9174 Sky Park Conn, Suite 100, San Diego, California 92123-4353
(858) 467-2952 • Fax (858) 571 -6972
http:// www.watcrboards.c3.gov/sandiego
Arnold Schwarzenegger
• Governor
January 27, 2010
Sherri Howard, Associate Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Certified Mail - Return Receipt Requested
Article Number: 7008 1140 0002 4060 6968
In reply refer to:
748149: mporter
Dear Ms. Howard:
Subject: Action on Request for Clean Water Act Section 401 Water Quality
Certification for the Kelly Drive Channel Repair Project Water Quality Certification No.
10C-001
Enclosed find Clean Water Act Section 401 Water Quality Certification for discharge to
Waters of the U.S. for the Kelly Drive Channel Repair Project. The proposed project is
the repair of a concrete lined channel and will involve the replacement of damaged
concrete and rip rap and the removal of accumulated sediment and vegetation. The
project is located within the concrete channel adjacent to Kelly Drive, near the
intersection with Hillside Drive, within the City of Carlsbad. This project is considered to
be self-mitigating and as such, additional mitigation is not required.
A detailed description of the project and project location can be found in the project
information sheet, project location map, and project site maps, by the Regional Board,
which are included as Attachments 1 through 5.
Any petition for reconsideration of this Certification must be filed with the State Water
Resources Control Board within 30 days of certification action (23 CCR § 3867). If no
petition is received, it will be assumed that you have accepted and will comply with all
the conditions of this Certification.
Failure to comply with all conditions of this Certification may subject you to enforcement
actions by the California Regional Water Quality Control Board, San Diego Region,
including administrative enforcement orders requiring you to cease and desist from
violations, or to clean up waste and abate existing or threatened conditions of pollution
or nuisance; administrative civil liability in amounts of up to $5,000 per day per violation;
referral to the State Attorney General for injunctive relief; and, referral to the District
Attorney for criminal prosecution.
California Environmental Protection Agency
fy Recycled Paper
Ms. Sherri Howard Page 2 of 2 January 26, 2010
Kelly Drive Channel Repair, 10C-001
In the subject line of any response, please include the requested "In reply refer to:"
information located in the heading of this letter. For questions pertaining to the subject
matter, please contact Mike Porter at (858) 467-2726 or mporter@waterboards.ca.gov.
Respectfully,
DAVID W. GIBSON
Executive Officer
Enclosures:
Clean Water Act Section 401 Water Quality Certification No. 10C-001 for Kelly Drive
Channel Repair project, with 5 attachments
cc: Refer to Attachment 2 of Certification 10C-001 for Distribution List.
Tech Staff Info & Use 1
File No.
WDID
Reg. Measure ID
Place ID
10C-001
9 000002016
372488
748149
Party ID 7838 i
Person ID ; 268327 :
California Regional Water Quality Control Board
Linda S. AdamsSecretary forEnvironmental Protection
San Diego Region
Over 50 Years Serving San Diego, Orange, and Riverside Counties
Recipient of the 2004 Environmental Award for Outstanding Achievement from USEPA
9174 Sky Park Court, Suite 100, San Diego, California 92123-4340
(858) 467-2952 • Fax (858) 57W972
hrtp:// www.waterboards.ca.gov/sandiego
Action on Request for
Clean Water Act Section 401 Water Quality Certification
and Waste Discharge Requirements
for Discharge of Dredged and/or Fill Materials
Arnold Schwarzenegger
Governor
PROJECT: Kelly Drive Channel Repair, Certification
Number (10C-001), WDID: 9 000002016
APPLICANT: Sherri Howard, Associate Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
ACTION:
CIWQS
Reg. Meas. ID: 372488
Place ID: 748149
Party ID: 7838
0 Order for Low Impact Certification
D Order for Technically-conditioned
Certification
0 Enrollment in SWRCB GWDR
Order No. 2003-01 7 DWQ
D Order for Denial of Certification
D Waiver of Waste Discharge
Requirements
D Enrollment in Isolated Waters Order
No. 2004-004 DWQ
PROJECT DESCRIPTION: The project will replace the lost soil with slurry,
reconstruct the damaged concrete with wire-reinforced concrete, and replace the
missing riprap with 1/4-ton riprap. The channel and riprap will be restored and the
visible surface will be similar to the original design. Sediment and vegetation
accumulated on the channel bed will be removed. The project is located within
the concrete channel adjacent to Kelly Drive, near the intersection with Hillside
Drive, within the City of Carlsbad. This project is considered to be self-mitigating
and as such, additional mitigation is not required.
STANDARD CONDITIONS:
The following three standard conditions apply to aH Certification actions, except
as noted under Condition 3 for denials (Action 3).
1. This Certification action 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 Title 23 of the
California Code of Regulations (23 CCR).
California Environmental Protection Agency
The energy challenge facing California is real. Every Cttlifornian needs to take immediate action to reduce energy consumption. For
a list of simple ways yuu con reduce demand and cut your energy costs, see our Web-site at littp://w\v\v.s\vrcb ca.gov.
Recycled Paper
Kelly Drive Channel Repair File No. 10C-001
2. This Certification action is not intended and must 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 23 CCR subsection 3855(b) and the application specifically
identified that a FERC license or amendment to a FERC license for a
hydroelectric facility was being sought.
3. The validity of any non-denial Certification action (Actions 1 and 2) must be
conditioned upon total payment of the full fee required under 23 CCR
section 3833, unless otherwise stated in writing by the certifying agency.
ADDITIONAL CONDITIONS:
In addition to the three standard conditions, the City of Carlsbad must satisfy the
following:
A. GENERAL CONDITIONS:
1. The City of Carlsbad must, at all times, fully comply with the engineering
plans, specifications and technical reports submitted to the California
Regional Water Quality Control Board, San Diego Region (Regional Board),
to support this 401 Water Quality Certification (Certification) and all
subsequent submittals required as part of this Certification and as described
in Attachment 1. The conditions within this Certification must supersede
conflicting provisions within such plans submitted prior to the Certification
action. Any modifications thereto, would require notification to the Regional
Board and reevaluation for individual Waste Discharge Requirements and/or
Certification amendment.
2. During construction, the City of Carlsbad must maintain a copy of this
Certification at the project site so as to be available at all times to site
personnel and agencies.
3. The City of Carlsbad must permit the Regional Board or its authorized
representative at all times, upon presentation of credentials:
a. Entry onto project premises, including all areas on which wetland fill or
wetland mitigation is located or in which records are kept.
b. Access to copy any records required to be kept under the terms and
conditions of this Certification.
c. Inspection of any treatment equipment, monitoring equipment, or
monitoring method required by this Certification.
d. Sampling of any discharge or surface water covered by this Order.
Kelly Drive Channel Repair File No. 10C-001
4. The City of Carlsbad must notify the Regional Board within 24 hours of any
unauthorized discharge, including hazardous or toxic materials, to waters of
the U.S. and/or State; measures that were implemented to stop and contain
the discharge; measures implemented to clean-up the discharge; the volume
and type of materials discharged and recovered; and additional best
management practice (BMPs) or other measures that will be implemented to
prevent future discharges.
5. The City of Carlsbad must, at all times, maintain appropriate types and
sufficient quantities of materials onsite to contain any spill or inadvertent
release of materials that may cause a condition of pollution or nuisance if the
materials reach waters of the U.S. and/or State.
6. This Certification is not transferable in its entirety or in part to any person
except after notice to the Executive Officer of the Regional Board.
7. In the event of any violation or threatened violation of the conditions of this
Certification, the violation or threatened violation must be subject to any
remedies, penalties, process or sanctions as provided for under State law.
For 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 water quality standards and other pertinent requirements
incorporated into this Certification.
8. In response to a suspected violation of any condition of this Certification, the
Regional Board may require the holder of any permit or license subject to this
Certification to furnish, under penalty of perjury, any technical or monitoring
reports the Regional Board deems appropriate, provided that the burden,
including costs, of the reports must bear a reasonable relationship to the need
for the reports and the benefits to be obtained from the reports.
9. In response to any violation of the conditions of this Certification, the Regional
Board may add to or modify the conditions of this Certification as appropriate
to ensure compliance.
B. PROJECT CONDITIONS:
1. Prior to the start of the project, the City of Carlsbad must educate all
personnel on the requirements in this Certification, pollution prevention
measures, spill response, and BMP implementation and maintenance.
2. The City of Carlsbad must comply with the requirements of State Water
Resources Control Board Water Quality Order No. 2003-0017-DWQ,
Statewide General Waste Discharge Requirements for discharges of dredged
or fill material that have received State Water Quality Certification. These
Kelly Drive Channel Repair File No. 10C-001
General Waste Discharge Requirements are accessible at:
http://www.waterboards.ca.gov/waterjssues/programs/cwa401/docs/general
orders/go_wdr401 regulated_projects.pdf.
3. The City of Carlsbad must notify the Regional Board in writing at least 5 days
prior to the actual commencement of dredge, fill, and discharge activities.
4. The treatment, storage, and disposal of wastewater during the life of the
project must be done in accordance with waste discharge requirements
established by the Regional Board pursuant to CWC § 13260.
5. Discharges of concentrated flow during construction or after completion must
not cause downstream erosion or damage to properties or stream habitat.
6. Water containing mud, silt, or other pollutants from equipment washing or
other activities, must not be discharged to waters of the United States and/or
the State or placed in locations that may be subjected to storm flows.
Pollutants discharged to areas within a stream diversion area must be
removed at the end of each work day or sooner if rain is predicted.
7. All surface waters, including ponded waters, must be diverted away from
areas undergoing grading, construction, excavation, vegetation removal,
and/or any other activity which may result in a discharge to the receiving
water. Diversion activities must not result in the degradation of beneficial
uses or exceedance of water quality objectives of the receiving waters. Any
temporary dam or other artificial obstruction constructed must only be built
from materials such as clean gravel which will cause little or no siltation.
Normal flows must be restored to the affected stream immediately upon
completion of work at that location.
8. Substances hazardous to aquatic life including, but not limited to, petroleum
products, raw cement/concrete, asphalt, and coating materials, must be
prevented from contaminating the soil and/or entering waters of the United
States and/or State. BMPs must be implemented to prevent such discharges
during each project activity involving hazardous materials.
C. STREAM PHOTO DOCUMENTATION PROCEDURE
1. The City of Carlsbad, and its successors, must conduct photo documentation
of the project site, including all areas of permanent and temporary impact,
prior to and after project construction, including all areas of permanent and
temporary impact, prior to and after project construction. Photo
documentation must be conducted in accordance with the State Water
Resources Control Board Standard Operating Procedure 4.2.1.4: Stream
Photo Documentation Procedure, included as Attachment Number 5. In
addition, photo documentation must include Geographic Positioning System
Kelly Drive Channel Repair File No. 10C-001
(GPS) coordinates for each of the photo points referenced. The City of
Carlsbad must submit this information in a photo documentation report to the
Regional Board within 30 days of completion of the project.
D. REPORTING:
1. All information requested in this Certification is pursuant to California Water
Code (CWC) section 13267. Civil liability may be administratively imposed by
the Regional Board for failure to furnish requested information pursuant to
CWC section 13268.
2. All reports and information submitted to the Regional Board must be
submitted in both hardcopy and electronic format. The preferred electronic
format for each report submission is one file in PDF format that is also Optical
Character Recognition (OCR) capable.
3. All applications, reports, or information submitted to the Regional Board must
be signed and certified 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.
4. A duly authorized representative of a person designated in Items 4,a. through
4.c. above may sign documents if:
a. The authorization is made in writing by a person described in Items
4,a. through 4.c. above.
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 Regional Board Executive
Officer.
5. All applications, reports, or information submitted to the Regional Board must
be signed and certified as follows:
"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."
Kelly Drive Channel Repair File No. 10C-001
6. City of Carlsbad must submit reports required under this Certification, or other
information required by the Regional Board, to:
Executive Officer
California Regional Water Quality Control Board
San Diego Region
Attn: 401 Certification; Project No. 10C-001
9174 Sky Park Court, Suite 100
San Diego, California 92123
6. Required Reports: The following list summarizes the reports required per the
conditions of this Certification to be submitted to the Regional Board.
Report Topic
Spill notification
Dredge/fill
commencement
Stream Photo
Documentation
Certification
Condition
A.4
B.3
C.1
Due Date(s)
Within 24 hours of
discharge
5 days prior to dredge/fill
commencement
Within 30 days of
completion of the project
PUBLIC NOTIFICATION OF PROJECT APPLICATION:
On January 5,2010 receipt of the project application was posted on the Regional
Board web site to serve as appropriate notification to the public.
REGIONAL WATER QUALITY CONTROL BOARD CONTACT PERSON:
Mike Porter or Bree Bourassa
California Regional Water Quality Control Board, San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
858-467-2726
mporter@waterboards.ca.gov
858-627-3933
bbourassa@waterboards.ca.gov
Kelly Drive Channel Repair . File No. 10C-001
WATER QUALITY CERTIFICATION:
I hereby certify that the proposed discharge from Kelly Drive Channel Repair
Project (Project No. 10C-001) will comply with the applicable provisions of
sections 301 ("Effluent Limitations"). 302 ("Water Quality Related Effluent
Limitations"), 303 ("Water Quality Standards and Implementation Plans"), 306
("National Standards of Performance"), and 307 (Toxic and Pretreatment
Effluent Standards") of the Clean Water Act. This discharge is also regulated
under State Water Board Order No. 2003-0017-DWQ, "Statewide General Waste
Discharge Requirements for Dredged or Fill Discharges that have Received
State Water Quality Certification (General WDRs)," which requires compliance
with all conditions of this Water Quality Certification. Please note that enrollment
under Order No. 2003-017 DWQ is conditional and, should new information
come to our attention that indicates a water quality problem, the Regional Board
may issue waste discharge requirements at that time.
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 strict compliance with the applicants' project
description and/or on the attached Project Information Sheet, and (b) on
compliance with all applicable requirements of the Regional Board's Water
Quality Control Plan (Basin Plan).
DAVID W. GIBSON Date
Executive Officer
Regional Water Quality Control Board
Attachments: 1. Project Information
2. Distribution List
3. Location Map
4. Site Map
5. Stream Photo Documentation Procedure
Kelly Drive Channel Repair File No. 10C-001
Applicant:
Applicant
Representatives:
Project Name:
Project Location:
Type of Project:
Need for Project:
Project Description:
Federal
Agency/Permit:
ATTACHMENT 1
PROJECT INFORMATION
City of Carlsbad
Attention: Sherri Howard
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: 760-602-2756
Email: sherri.howard@carslbadca.gov
Chang Consultants
Attention: Wayne Chang
P.O. Box 9496
Rancho Santa Fe, CA 92067
Telephone: 858-692-0760
Facsimile: 858-832-1403
Email: wayne@changconsultants.com
Kelly Drive Channel Repair Project
The project is located within the concrete channel adjacent to
Kelly Drive, near the intersection with Hillside Drive, within the
City of Carlsbad.
Latitude: 33.13074, Longitude: -117.17518
Channel Repair
Portions of the concrete in the fully-lined section have been
undermined and broken away by channel flows, and the
underlying soil has been subsequently eroded. This damage
is jeopardizing the remaining channel and adjacent residential
properties. The project is needed to restore the channel to its
original carrying capacity and to protect the adjacent
properties.
The project will replace the lost soil with slurry, reconstruct the
damaged concrete with wire-reinforced concrete, and replace
the missing riprap with 1/4-ton riprap. The channel and riprap
will be restored and the visible surface will be similar to the
original design. Sediment and vegetation accumulated on the
channel bed will be removed.
U.S. Army Corps of Engineers §404, NWP 3, Lanika
Cervantes
Other Required California Department of Fish and Game Streambed
Kelly Drive Channel Repair File No. 10C-001
Regulatory Approvals: Alteration Agreement, Kelly Fisher
California
Environmental Quality EA 07-05 (A) - Kelly Drive Channel Repair Notice of
Act (CEQA) Exemption, January 13, 2010, City of Carlsbad
Compliance:
Receiving Water:Kelly Drive Channel, Agua Hedionda Creek, Carlsbad HU,
Agua Hedionda HA, Los Monos HSA (904.31)
Affected Waters of the Permanent:
United States: Wetland - 0.0067 acre (47 linear feet)
Streambed - 0.0013 acre (42 linear feet)
Compensatory
Mitigation:
Best Management
Practices (BMPs):
Public Notice:
Fees:
CIWQS:
This project is considered to be self-mitigating and as such,
additional mitigation is not required.
Construction will not be performed when there are high flows
within the channel. Diversion of low flows will involve the use
of a cofferdam and pumping the low flow runoff around the
construction zone. The outlet of the diversion hose will be
within the existing concrete lined channel.
January 5, 2010 on the Regional Board website.
Total Due: $1,210
Total Paid: $1,210 (check no. 198921)
Regulatory Measure ID: 372488
Place ID: 748149
Party ID: 7838
Kelly Drive Channel Repair File No. 10C-001
ATTACHMENT 2
DISTRIBUTION LIST
Cc via email:
Wayne Chang
Chang Consultants
wayne@changeconsultants.com
Lanjka Cervantes
U.S. Army Corps of Engineers, Regulatory Branch
Lanika.l.cervantes@usace.army.mil
Kelly Fisher
California Department of Fish and Game
Kfisher@dfg.ca .gov
David Smith
Wetlands Regulatory Office
U.S. Environmental Protection Agency, Region 9
R9-WTR8-Mailbox@epa.gov
Bill Orme
State Water Resources Control Board, Division of Water Quality
Stateboard401@waterboards.ca.gov
10
Kelly Drive Channel Repair File No. 10C-001
ATTACHMENT 3
PROJECT LOCATION
BEST
Kelly Drive Channel Repair File No. 10C-001
ATTACHMENT 4
SITE MAP
12
c
COPY
Kelly Drive Channel Repair File No. 10C-001
ATTACHMENT 5
STREAM PHOTO DOCUMENTATION PROCEDURES
Standard Operating Procedure (SOP)
Stream Photo Documentation Procedure
(CARGO 2001, Written by TAG Visual Assessments work group)
Introduction:
Photographs provide a qualitative, and potentially semi-quantitative, record of
conditions in a watershed or on a water body. Photographs can be used to
document general conditions on a reach of a stream during a stream walk,
pollution events or other impacts, assess resource conditions over time, or can
be used to document temporal progress for restoration efforts or other projects
designed to benefit water quality. Photographic technology is available to
anyone and it does not require a large degree of training or expensive
equipment. Photos can be used in reports, presentations, or uploaded onto a
computer website or CIS program. This approach is useful in providing a visual
portrait of water resources to those who may never have the opportunity to
actually visit a monitoring site.
Equipment:
Use the same camera to the extent possible for each photo throughout the
duration of the project. Either 35 mm color or digital color cameras are
recommended, accompanied by a telephoto lens. If you must change cameras
during the program, replace the original camera with a similar one comparable in
terms of media (digital vs. 35 mm) and other characteristics. A complete
equipment list is suggested as follows:
Required:
Camera and backup camera
Folder with copies of previous photos (do not carry original photos in the field)
Topographic and/or road map
Aerial photos if available
Compass
Timepiece
Extra film or digital disk capacity (whichever is applicable)
Extra batteries for camera (if applicable)
Photo-log data sheets or, alternatively, a bound notebook dedicated to the
project
Yellow photo sign form and black marker, or, alternatively, a small black
board and chalk
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Kelly Drive Channel Repair File No. 10C-001
Optional:
• GPS unit
• Stadia rod (for scale on landscape shots)
• Ruler (for scale on close up views of streams and vegetation)
• Steel fence posts for dedicating fixed photo points in the absence of available
fixed landmarks
How to Access Aerial Photographs:
Aerial Photos can be obtained from the following federal agencies:
USGS Earth Science Information Center
507 National Center
12201 Sunrise Valley Drive
Reston, VA 22092
800-USA-MAPS
USDA Consolidated Farm Service Agencies
Aerial Photography Field Office
222 West 2300 South
P.O. Box 30010
Salt Lake City, UT 84103-0010
801-524-5856
Cartographic and Architectural Branch
National Archives and Records Administration
8601 Adelphi Road
College park, MD 20740-6001
301-713-7040
Roles and Duties of Team:
The team should be comprised of a minimum of two people, and preferably three
people for restoration or other water quality improvement projects, as follows:
1. Primary Photographer
2. Subject, target for centering the photo and providing scale
3. Person responsible for determining geographic position and holding the photo
sign forms or blackboard.
One of these people is also responsible for taking field notes to describe and
record photos and photo points.
Safety Concerns:
14
Kelly Drive Channel Repair File No. 10C-001
Persons involved in photo monitoring should ALWAYS put safety first. For safety
reasons, always have at least two 2 volunteers for the survey. Make sure that the
area(s) you are surveying either are accessible to the public or that you have
obtained permission from the landowner prior to the survey.
Some safety concerns that may be encountered during the survey include, but
are not limited to:
• Inclement weather
• Flood conditions, fast flowing water, or very cold water
• Poisonous plants (e.g.: poison oak)
• Dangerous insects and animals (e.g.: bees, rattlesnakes, range animals such
as cattle, etc.)
• Harmful or hazardous trash (e.g.: broken glass, hypodermic needles, human
feces)
We recommend that the volunteer coordinator or leader discuss the potential
hazards with all volunteers prior to any fieldwork.
General Instructions:
From the inception of any photo documentation project until it is completed,
always take each photo from the same position (photo point), and at the same
bearing and vertical angle at that photo point. Photo point positions should be
thoroughly documented, including photographs taken of the photo point. Refer to
copies of previous photos when arriving at the photo point. Try to maintain a level
(horizontal) camera view unless the terrain is sloped. (If the photo can not be
horizontal due to the slope, then record the angle for that photo.) When photo
points are first being selected, consider the type of project (meadow or stream
restoration, vegetation management for fire control, ambient or event monitoring
as part of a stream walk, etc.) and refer to the guidance listed on Suggestions for
Photo Points by Type of Project.
When taking photographs, try to include landscape features that are unlikely to
change over several years (buildings, other structures, and landscape features
such as peaks, rock outcrops, large trees, etc.) so that repeat photos will be easy
to position. Lighting is, of course, a key ingredient so give consideration to the
angle of light, cloud cover, background, shadows, and contrasts. Close view
photographs taken from the north (i.e., facing south) will minimize shadows.
Medium and long view photos are best shot with the sun at the photographer's
back. Some artistic expression is encouraged as some photos may be used on
websites and in slide shows (early morning and late evening shots may be useful
for this purpose). Seasonal changes can be used to advantage as foliage,
stream flow, cloud cover, and site access fluctuate. It is often important to
include a ruler, stadia rod, person, farm animal, or automobile in photos to
convey the scale of the image. Of particular concern is the angle from which the
15
Kelly Drive Channel Repair File No. 10C-001
photo is taken. Oftentimes an overhead or elevated shot from a bridge, cliff,
peak, tree, etc. will be instrumental in conveying the full dimensions of the
project. Of most importance overall, however, is being aware of the goal(s) of
the project and capturing images that clearly demonstrate progress towards
achieving those goal(s). Again, reference to Suggestions for Photo Points by
Type of Project may be helpful.
If possible, try to include a black board or yellow photo sign in the view, marked
at a minimum with the location, subject, time and date of the photograph. A
blank photo sign form is included in this document.
Recording Information:
Use a systematic method of recording information about each project, photo
point, and photo. The following information should be entered on the photo-log
forms (blank form included in this document) or in a dedicated notebook:
• Project or group name, and contract number (if applicable, e.g., for
funded restoration projects)
• General location (stream, beach, city, etc.), and short narrative
description of project's habitat type, goals, etc.
• Photographer and other team members
• Photo number
• Date
• Time (for each photograph)
• Photo point information, including:
o Name or other unique identifier (abbreviated name and/or ID
number)
o Narrative description of location including proximity to and
direction from notable landscape features like roads, fence
lines, creeks, rock outcrops, large trees, buildings, previous
photo points, etc. - sufficient for future photographers who have
never visited the project to locate the photo point
o Latitude, longitude, and altitude from map or GPS unit
• Magnetic compass bearing from the photo point to the subject
• Specific information about the subject of the photo
• Optional additional information: a true compass bearing (corrected for
declination) from photo point to subject, time of sunrise and sunset
(check newspaper or almanac), and cloud cover.
For ambient monitoring, the stream and shore walk form should be attached
or referenced in the photo-log.
When monitoring the implementation of restoration, fuel reduction, or Best
Management Practices (BMP) projects, include or attach to the photo-log a
16
Kelly Drive Channel Repair File No. 10C-001
narrative description of observable progress in achieving the goals of the
project. Provide supplementary information along with the photo, such as
noticeable changes in habitat, wildlife, and water quality and quantity.
Archive all photos, along with the associated photo-log information, in a
protected environment.
The Photo Point: Establishing Position of Photographer:
1. Have available a variety of methods for establishing position: maps, aerial
photos, GPS, permanent markers and landmarks, etc. If the primary method
fails (e.g., a GPS or lost marker post) then have an alternate method (map,
aerial photo, copy of an original photograph of the photo-point, etc).
2. Select an existing structure or landmark (mailbox, telephone pole,
benchmark, large rock, etc.), identify its latitude and longitude, and choose
(and record for future use) the permanent position of the photographer
relative to that landmark. Alternatively, choose the procedure described in
Monitoring California's Annual Range/and Vegetation (UC/DANR Leaflet
21486, Dec. 1990). This procedure involves placing a permanently marked
steel fence post to establish the position of the photographer.
3. For restoration, fuel reduction, and BMP projects, photograph the photo-
points and carry copies of those photographs on subsequent field visits.
Determining the Compass Bearing:
1. Select and record the permanent magnetic bearing of the photo center view.
You can also record the true compass bearing (corrected for declination) but
do not substitute this for the magnetic bearing. Include a prominent landmark
in a set position within the view. If possible, have an assistant stand at a fixed
distance from both the photographer and the center of the view, holding a
stadia rod if available, within the view of the camera; preferably position the
stadia rod on one established, consistent side of the view for each photo
(right or left side).
2. Alternatively, use the procedure described in Monitoring California's Annual
Range/and Vegetation (UC/DANR Leaflet 21486, Dec. 1990). This procedure
involves placing a permanently marked steel fence post to establish the
position of the focal point (photo center).
3. When performing ambient or event photo monitoring, and when a compass is
not available, then refer to a map and record the approximate bearing as
north, south, east or west.
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Kelly Drive Channel Repair File No. 10C-001
Suggestions for Photo Points by Type of Project:
Ambient or Event Monitoring, Including Photography Associated with Narrative
Visual Assessments:
1. When first beginning an ambient monitoring program take representative long
and/or medium view photos of stream reaches and segments of shoreline
being monitored. Show the positions of these photos on a map, preferably on
the stream/shore walk form. Subjects to be photographed include a
representative view of the stream or shore condition at the beginning and
ending positions of the segment being monitored, storm drain outfalls,
confluence of tributaries, structures (e.g., bridges, dams, pipelines, etc.).
2. If possible, take a close view photograph of the substrate (streambed), algae,
or submerged aquatic vegetation.
3. Time series: Photographs of these subjects at the same photo points should
be repeated annually during the same season or month if possible.
4. Event monitoring refers to any unusual or sporadic conditions encountered
during a stream or shore walk, such as trash dumps, turbidity events, oil
spills, etc. Photograph and record information on your photo-log and on your
Stream and Shore Walk Visual Assessment form. Report pollution events to
the Regional Board. Report trash dumps to local authorities.
All Restoration and Fuel Reduction Projects - Time Series:
Take photos immediately before and after construction, planting, or vegetation
removal. Long term monitoring should allow for at least annual photography for a
minimum of three years after the project, and thereafter at 5 years and ten years.
Meadow Restoration:
1. Aerial view (satellite or airplane photography) if available.
2. In the absence of an aerial view, a landscape, long view showing an
overlapping sequence of photos illustrating a long reach of stream and
meadow (satellite photos, or hill close by, fly-over, etc.)
3. Long view up or down the longitudinal dimension of the creek showing
riparian vegetation growth bounded on each side by grasses, sedges, or
whatever that is lower in height
4. Long view of conversion of sage and other upland species back to meadow
vegetation
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Kelly Drive Channel Repair File No. 10C-001
5. Long view and medium view of streambed changes (straightened back to
meandering, sediment back to gravel, etc.)
6. Medium and close views of structures, plantings, etc. intended to induce
these changes
Stream Restoration/stabilization:
1. Aerial view (satellite or airplane photography) if available.
2. In the absence of an aerial view, a landscape, long-view showing all or
representative sections of the project (bluff, bridge, etc.)
3. Long view up or down the stream (from stream level) showing changes in the
stream bank, vegetation, etc.
4. Long view and medium view of streambed changes (thalweg, gravel,
meanders, etc.)
5. Medium and close views of structures, plantings, etc. intended to induce
these changes.
6. Optional: Use a tape set perpendicular across the stream channel at fixed
points and include this tape in your photos described in 3 and 4 above. For
specific procedures refer to Harrelson, Cheryl C., C.L. Rawlins, and John P.
Potyondy, Stream Channel Reference Sites: An Illustrated Guide to Field
Techniques, United States Department of Agriculture, Forest Service, Rocky
Mountain Forest and Range Experiment Station, General Technical Report
RM-245.
Vegetation Management for Fire Prevention ("fuel reduction"):
1. Aerial view (satellite or airplane photography) if available.
2. In the absence of an aerial view, a landscape, long view showing all or
representative sections of the project (bluff, bridge, etc.)
3. Long view (wide angle if possible) showing the project area or areas.
Preferably these long views should be from an elevated vantage point.
4. Medium view photos showing examples of vegetation changes, and plantings
if included in the project. It is recommended that a person (preferably holding
a stadia rod) be included in the view for scale
5. To the extent possible include medium and long view photos that include
adjacent stream channels.
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Kelly Drive Channel Repair File No. 10C-001
Stream Sediment Load or Erosion Monitoring:
1. Long views from bridge or other elevated position.
2. Medium views of bars and banks, with a person (preferably holding a stadia
rod) in view for scale.
3. Close views of streambed with ruler or other common object in the view for
scale.
4. Time series: Photograph during the dry season (low flow) once per year or
after a significant flood event when streambed is visible. The flood events
may be episodic in the south and seasonal in the north.
5. Optional: Use a tape set perpendicular across the stream channel at fixed
points and include this tape in your photos described in 1 and 2 above. For
specific procedures refer to Harrelson, Cheryl C., C.L. Rawlins, and John P.
Potyondy, Stream Channel Reference Sites: An Illustrated Guide to Field
Techniques, United States Department of Agriculture, Forest Service, Rocky
Mountain Forest and Range Experiment Station, General Technical Report
RM-245.
20
Kelly Drive Channel Repair File No. 10C-001
PHOTO- LOG FORM
Project:
Location:
Date:
Photographer-
Team members:
Photo
#Time
Photo
Point
ID
Photo Pt. Description
& Location Bearing to Subject Subject Description
General Notes or Comments (weather, cloud cover, time of sunrise and sunset,
other pertinent information):
21
Kelly Drive Channel Repair File No. 10C-001
PHOTO SIGN FORM: Print this form on yellow paper. Complete the following
information for each photograph. Include in the photographic view so that it will
be legible in the finished photo.
Location:
Subject Description:
Date:
Time:
22
APPENDIX B
CA DEPARTMENT OF FISH AND GAME NO LAKE OR STREAM BED
AGREEMENT NEEDED NOTIFICATION NO. 1600-2010-0002-R5
California Natural Resources Agency ARNOLD SCHWARZENEGGER. Governor ft&
DEPARTMENT OF FISH AND GAME DONALD KOCH, Director
South Coast Region
4949 Viewridge-Avenue
San Diego, CA 92123
(858)467-4201
http://www.dfg.ca.gov
January 20, 2010
City of Carlsbad c/o Wayne Chang
Chang Consultants
P.O. Box 9496
Rancho Santa Fe, CA 92067
Subject: No Lake or Streambed Alteration Agreement Needed
Notification No. 1600-2010-0002-R5
Kelly Drive Channel Repair
Dear Mr. Chang:
The Department of Fish and Game ("Department") has reviewed your Lake or
Streambed Alteration Notification ("Notification"). We have determined that your project
is subject to the notification requirement in Fish and Game Code Section 1602,
including payment of the notification fee.
The Department has also determined that your project will not substantially adversely
affect an existing fish or wildlife resource. As a result, you will not need a Lake or
Streambed Alteration Agreement for your project. You are responsible for complying
with all applicable local, state, and federal laws in completing your work. A copy of this
letter and your notification with all attachments should be available at all times at the
work site.
Please note that if you change your project so that it differs materially from the project
you described in your original Notification, you will need to submit a new Notification
and corresponding fee to the Department.
Thank you for notifying us of your project. If you have any questions, please contact
Darren Bradford at (858) 467-4223 or DBradford@dfg.ca.gov.
Sincerely
Darren Bradford
Environmental Scientist
Conserving California's 'VMdtife Since 1870
APPENDIX D
NOTICE OF EXEMPTION
NOTICE OF EXEMPTION
To: SD County Clerk From: CITY OF CARLSBAD
Attn: Linda Kesina Planning Department
Mail Stop A-33 1635 Faraday Avenue
1600 Pacific Highway Carlsbad CA 92008
San Diego CA 92101
Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public
Resources Code (California Environmental Quality Act).
Project Number and Title: HA 07-05 (A)..- KELLY DRIVE CHANNEL REPAIR
Project Location - Specific: The project is located near the intersection of Kelly Drive and Hillside
Drive, north of Cannon Road, and west of El Camino Real within the drainage channel.
Project Location - City: Carlsbad Project Location - County; San Diego
Description of Project; The reconstruction of damaged portions of a drainage channel. The project
includes the It removal of 90 linear feet of damaged concrete drainage channel and slope protection:
2) removal of 55 cubic yards of debris and soil: 3) replacement of existing riprap: 4) importation of
approximately 175 cubic yards of lean slurry; and 5) removal of 0.0154 acre of disturbed and
ornamental vegetation. ]
Name of Public Agency Approving Project; City of Carlsbad
Name of Person or Agency Carrying Out Project: Sherri Howard. Citv of Carlsbad
Name of Applicant: Sherri Howard. Associate Engineer \
Applicant's Address: 1635 Faradav Avenue. Carlsbad. CA 92008..,-, nr~,..- .- ....... , .......vv *-*".U.j •.<•, i iii. OFFlUcGh WliCUUNTY CLERK
Applicant's Telephone Number: (160) 602-2756 3"n ^ Cpujilv on,_.... JAN 14 aibi'ft
Exempt Status: (Check One) 'telumed to aflenw on
D Ministerial (Section 21080(b)(l); 15268); . |_. ft ^
D Declared Emergency (Section 21080(b)(3); 15269(a)); ' :—
D Emergency Project (Section 21080(b)(4); 15269 (b)(c));
[R] Categorical Exemption - State type and section number: Existing Facilities - Section
\53QKd) -
Q Statutory Exemptions - State code number:
D General rule (Section,! 5061(b)(3))
Reasons why project is exempt: Restoration or rehabilitation of deteriorated or damaged structures.
«;ad Agency Contact Person: Pam Drew Telephone: (7601 602-4644
/-/J-/0
DON NEU. Planning Director JAN 1 4 Z010 Date
Date received for filing at OPR: ^ LJK§Stgn
DEPUTY
Revised September 2009
APPENDIX E
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT AUTHORIZATION
FILE NO. SPL-2010-00021 -LLC
DEPARTMENT OF THE ARMY
SAN DIEGO FIELD OFFICE
6010 Hidden Valley Road. Suite 105
Carlsbad. CA 92011
February 1, 2010
Office ol the Chief
Regulatory Division
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT AUTHORIZATION
Sherri I loivard
City of Carlsbad, Public Works
1635 Faraday Avenue
Carlsbad, California 92008
Dear Ms. Howard:
Wo have received your application (File No. Sl'L-2010-00021 -LLC) dated January
4, 2010, for a Department of the Army Permit to discharge fill into waters of the United
States (US.), associated with the Kelly Drive Channel Repair Project in accordance with
the attached drawings. The proposed work would take place in a tributary to Agua
Hediondn near the intersection of Kelly Drive and Hillside Drive, in the City of
Carlsli<id, San Diego County, California.
Based on the information you have provided, the Corps of Engineers has
determined that your proposed activity complies with the enclosed terms and
conditions of Nationwide Permit No. NWP 3 (Maintenance), as described in enclosure 2.
Specifically, you are authorized to:
1. Repair a concrete lined channel which will involve replacing approximately 30
cubic yards (cy) of riprap and 20 cy of concrete lining
2. Replacing eroded soil with approximately 140 cy of soil and lean slurry.
3. Remove sediment and vegetation that has accumulated in the channel.
4. Impact no more than 0.0067 acre (47 linear feet) of jurisdictional wetlands and
(1.0013 acre (42 linear feet) of concrete-lined streambcd.
Furthermore, you musl comply with the following non-discretionary Special
Conditions:
Special Conditions:
Construction:
1. The Permittee must notify the Corps in writing at least 5 days prior to the
commencement of authored project activities.
2. "l"he Permittee shall clearly mark the limits of the workspace with flagging or
similar means to ensure mechanized equipment does not enter preserved waters of the
U.S. including riparian/wetland habitat areas. Adverse impacts lo waters of the US.
beyond the Corps-approved construction footprint are not authorized. Such impacts
could result in permit suspension and revocation; administrative, civil or criminal
penalties; ,ind/or substantial additional compensatory mitigation requirements.
Endangered Species Act and Migratory Bird Treaty Act:
3. This Corps NWP does not aulhorixe the take of any federally listed as threatened or
endangered species, or adversely modify their designated critical habitat. In order to
legally lake a listed species, you must have separate authorization under the Endangered
Spedes Act (fiSA) {e.g. ESA Section 10 permit, or a Biological Opinion (BO) under ESA
Section 7, with "incidental take" provisions with which you musl comply). In
correspondence with the USFWS via e-mail dated January 19, 2010 the Corps has
determined and USFWS has concurred that with the implementation of the
Recommendations outlined in the December 18, 2009 Kelly Drive Drninngi' Channel Repair
Binhigicnl Rivwirctf and hnpncl Afnesfment Memorandum, prepared by LSA Associates,
Inc., the proposed activities will not effect any threatened or endangered species or
designated critical habitat. The Recommendations arc incorporated into this NWP
below.
Recommendations:
1. Implementation of construction or clearing of vegetation shall occur outside
of (he breeding season (February 15 through September 15). If construction must
commence during the breeding season, the Permittee must have a qualified
biologist conduct a pre-construction survey for nesting birds, including raptors,
within three days prior to construction and submit to the Corps. If any federally
listed as threatened or endangered nesting birds are detected within 100 feet of
the project footprint during the pre-construction survey, a qualified biologist shall
establish a suitable buffer area within which no authorised activities may take
place until the nest is no longer active.
2. During the breeding season, construction noise shall be monitored regularly
to maintain a threshold at or below 60 dBA hourly L«i within 300 feet of breeding
-3-
habitat occupied by listed species. If noise levels exceed the threshold, the
construction arrangement will be changed or noise attenuation measures will be
implemented.
Cultural Resources:
4. Pursuant to36C.F.R. sect ion 8(10.13, in the event of nny discoveries during
construction activities of human remains, archeological deposits, or any other type of
historic properly, the Permittee shall notify the Corps Project Manager, Ms. Lanikn
Cervantes nt 760-602-4829 and the Corps Archeology Staff, Mr. Steve Dibble at 213-452-
3849, Mr. John Killecn at 213-452-3861, or Ms. Amy 1 lolmes 213-452-3855, within 24 hours
of the find. The Permittee shall immediately suspend all work in any area(s) where
potential cultural resources are discovered. The Permittee shall not resume construction in
the area surrounding the potential cultural resources until the Corps re-authorizes project
construction, per 36 C.F.R. section 8(10.13.
Water Quality Control Certification:
5. The Permittee must comply with the conditions specified in the water quality
certification No. 10C-001 issued by the RWQCB January 27,2010, for your project as
special conditions to this NWP. Non-compliance with any of the special conditions
outlined in the above-mentioned certification will be considered non-compliance with
this NWP ond result in possible revocation of this Corps NWP.
Post-Construction:
6. The Permittee shall sign and submit to the Corps, within 5 days of completion of
authorized activities, the attached certification of compliance.
7. The Permittee must submit to the Corps, within (60) days of completion of
waters/wetlands impacts authorized by this NWP verification letter a report that will
include:
1. As-built construction drawings with an overlay of waters/wetlands that
were impacted and those that were preserved,
2. Dated and labeled photographs of waters/wetland areas that are impacted
and those to be preserved (including latitude and longitude coordinates),
3. A summary of all project activities which documents that authorized
waters/wetlands impacts were not exceeded, and demonstrates compliance with
all permit special conditions listed above.
-1-
This loiter of verification is valid through February 1, 2012. All nationwide
permits expire on March 18, 2012. II is incumbent upon you lo remain informed of
changes to the nationwide permits. If the Corps of tnginecrs modifies, reissues, or
revokes any nationwide permit at an earlier date, we will issue a public notice
announcing the changes.
A nationwide permit does not grant any property rights or exclusive privileges.
Also, it does not authorize any injury to the property or rights of others or authorize
interference with any existing or proposed Federal project. Furthermore, it does not
obviate the need to obtain other Federal, slate, or local authorizations required by law.
Thank you for participating in our regulatory program. If you have any questions,
please contact Lanika Cervantes at 760.602.4838 or via e-mail at
Lanika.LCervantesiu'Usace.n rmy.mil.
Please be advised that you can now comment on your experience with
Regulatory Division by accessing the Corps web-based customer survey form at:
http://pcr2.nwp.usacc.ariny.mil/sury.gy.hbTil.
Sincerely,
Terry Dean
Senior Project Manager
San Diego Field Office
South Coast Branch
F.nclosure I: Project Figures
Hnclosure 2: NWP 6 General Conditions
Enclosure- 3: Copy of Signed Preliminary JD
o-
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
CERTIFICATION OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT
Permit Number: SPL-2010-0002J-LLC
Name of Permittee: City t]fCarlfbad, Public WiirA's, Slierri Howard
Date of Issuance: February 7, 2010
Date of Expiration: February 1, 2012
Upon completion of the activity aulhori/ed by this permit and any mitigation
required by the permit, sign this certification and return it to the following address:
U.S Army Corps of Engineers
Regulatory Division
ATTN: CF.SPL-RG-SPL-2010-01)021 -LLC
6010 Hidden Valley Road, Suite 105
C-irlsbad, CA 92011
Please note that your permitted activity is subject to a compliance inspection by
.in Army Corps of Engineers representative. If you fail to comply vvilh this nationwide
permit you may be subject to permit suspension, modification, or revocation procedures
as contained in 33 CFR 330.5 or enforcement procedures such as those contained in 33
CFR 326.4 and 326.5.
I hereby certify that the work authorized by the above referenced permit has
been completed in accordance with the terms and conditions of the said permit, and
required mitigation was completed in accordance with the pcrmil condition(s).
Signature of Permittee Dale
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PRELIMINAR Y JVRISDICTIONAL DETERMINA TION FORM
This preliminary JD finds that there "may be" waters or the United States on the subject project site, and identifies
all aquatic features on the site that could be affected by the proposed activity, based on the following information:
District Office |tos Angeles District Filc/ORM « |2010-00021-LLC PJDDalc. Januarv 7, 2010
Stale ICA City/Count)' (Carlsbad/San Dicuo
Nearest Wutvrixxly: JKc-lly Drive Chunncl
l.ncation: IRS.
LaiLiMigurUTM:Lat: 33d OX'W
Long: Il7d IX'.W
Name
Aiklrcss of
Person
Requesting
PJO
Wayne W. C hang
P.O. Box W9f>
Riinelw Santa fe. CA 92067
Identity (Estimate) Amount of Winers in the Review Area: j Nume oi "Any Water Hodio Tidal: (vw
N,m-AV!ak«lWalCix «n the Site liknltlkd as
Section II) Waters: Niw-Tul.il |N, ,\
r" Or'IkiMOcsk) Dcluiminauon , „_
17 Ik-Id IMifininaiKin: UawoPlitW I rip: October 14. 2(KW
SUPPORTING DATA: Data reviewed for preliminary JU (chcrk nil ibat appl.v - chcckrri Items •.imulil Iw Included in caw file and. where
ill reqn«l«t. appropriate!) reference Miurn-s bckm)
& Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: llmliiAil «nh XIUI.HIUU!» iwmn :i I'mUm-
r Rala sheets prepared submitted by or on behalf of the applicant/consultant.
r Office concurs with data shcets/dclmcaiion report.
r Office does not concur with data sheets.delineation report.
r Data sheets prepared by the Corps
r Corps navigable waters' study: I
r U.S. Geological Survey llydrologie Atlas:
r US( tSNHD data.
r USGS K and 12 digit H Uf maps.
!7 U.S. Geological Survey marKs). Cite quad name: p.">i-"i>'<''»
r USDA Natural Resources Conservation Service Soil Survey. Citation: I
r National wetlands inventory mapts). Cite name:|
r Stale Local wetland inventory map(s): (
r FF.MA FIRM mapsf "
r 100-year Flondplain lilevation is: |
a Photographs: r Aerial (Name* Datc):|
17 Other (Name* Date): |K,.||. n,i,., i-.;,,,,., 'i ii,,m;,s. *. iinoi..,. n. amm
r Previous deterininalioiKsl. Kile no. and date ol response letter: |
r Other information (please specify):
: flte.i»lHniuII«» r Mj fiirm ^ H»'
SiL-iJithJiv ;md Dale of'RtfiiulaiiHv Projcci
tRl-QCIRl.ni
Carps and ^fcuultl HOI he rttlttl ofttn r
ti<% •- •;' January 7, 2010
Siiir ' -rson tU-qiiotiri". Piclinunaiv JI)
(Kl Ql'IRI:!). unless Dbiuinmg the .siyiuilua- is impi;iclH.';itiU:l
ii nr mhcr p ii ulht reqticMcJ <hi> piclinmui\ J
fcXPL.VVVrlONOH'H.iaiMIVlR}, AMI APPH()\ tl> Jt BISWtTKIYM.
! I hi- ( orns uCrnKHieeis believes Ui.il llwrv rtuy he iiinsttwli.'nal wm-n. i.t the t.imcj St.iii.'* on tin- M*nx'l MIL-, jitd I!K- (vrmtt iipphcmil
hvrv-hy uj* i'tfJ "I'hw iw Iwt .i«rt-n t(» j&fM*t .lint titlain ull Jpprou-il jun>Juii.m;il i)cicrtj:nliilii>mJOI fit lh;il MIC Nt»crtlK:k-s>. lliv (wrmn
hlx dwluwd 10 tfACMW Itte HJMI.MI 141 llhtjlll 311 ilfljllmtj Jt) II) lh(4 IIW3IKC .1ml al ihls I-.IIK
^ Iti ,iu> k'li.'inr.tMncL* ttiR'R1 :i [Xrnwl .ippfiiiiiu ith,»:ii>.-m intlivitjiul (KIIIIII. IT a Njiionniiicdcnvrjl Pcriini l\X\l'i 11 ullier |;viK't;i[ ficciiil \crilKUlHtn attunint; ••firccunsuiK'Uwn nol[lii;.Hnin"H1v'Nt.
tir ictuKAK \LTil\'utn>ii I'tT :i WHi'icpiimng NW11 or ««htf ^ciwru: (icnr.ii. and I!K- pcinni .i|if)JKmii h:is nt« ik-gtH.'-.u-J .lit apprmctl Jt> lurllk: jirltvtly. Iht' fcRtiil apftiKMnl is Iwrcltj in.»ltraMjfc nl'lhe
lo!k>nli)i>: 11 MlK pcimtt .ijifluiult has elcvliil hi *(ii .t)H'[Hlil ,itKhi>n/ulit>n Ivisi-tt ><n.i ptclnnitvltv Jl>. winch ikKN mrt inAc jn tiiVtvi.il th-loniiiiutiiiii i>rjUiiM]|e!H*Kil *ulvis. (il llul thc4ri>lK-anl lus
t!ic .ifiimt In :i.i|lie<.i an .iprouvil Jl> tvfiHr .i.vcplinv ll* ILTIV^ .UH| i.-oih3ilioiu n) Hie |^-imil ^UHhtiriAIkio. Jlhl thai KISHII; :i IVItllll umltuiiMliiiu ml ill) appniM-J JD cmlltt pi>«MMv rcsull :H less
i.ii:i(n.'llsiMr> niilia.ili.iil Krini: :cgniri-,l .irilitlVient ^cMUumliiiiinv. i.1nli;ii t]^ jpflKiUH has Ihc nght u» rctUK'M in tiidiMifti.il pcmul rjltwf lhan LK'ccplmn i(w lonti> ami t-iniidiiunnirilic SJ^C.ir
mile: ^'nvwf !>eimii nirtlwifl/alion. t4l ili:M "lie .vplltJliI Ciiti iictepi :i pcnnil nntU>n/iH«in atwt llK-rchy aju« lu c*mipl) with nil I|K- ILT.HS and tiwid)lnii!i iirilwi pcni»l. ilk'ludintf wtialctrt miljgalHHi
usjtiiri'irt^l^ llic I'tirps tus delcimiiui! n> l^c iwvevars: i>) ttul iinilcrlitkiiu any atln:ly in fL-liiUKc tipuii llx* siihjcct i^nnit jmthm/aliuH wilbiMil i«jiic*ini! ultapimntfit JI* wn^llultfs the anpla-flU's
,uvtpi;ma- i>I ilic u*t- i-t'thi; ptcliinm;ir> Jl>. I'm ilut cillicr liimi nl JI) «:!! he pnitcs^il :»x inm j> is pMtlu-.in;c. (»•» accept'"!: J pe|n1'1 anilwn/:il»>it te-jj.. si^nni^ j pri'llvrotf imlixiininl pcnintl in
tj<Kk'ii.i:\m>! :i«> iti-^n ny in lehyiu-e t*n iin> limn o! tHrp* pcm1" iiminiri/lilum hjvd on j p:e!in!»i.irv JI) cHlstintK's .ipiwnxin llul all wclijiids jilt) tiihef H:rtei |XK)ICS t>n Hie sue aiVevkil in any « jv hv
ili:ii .n'lti il\ JK- inrisiliitHiital vi.ilefs »•!' i!w I nilisj Stales. :HK| pftvlndcs jm vfialicnpo d» iiKh ;i>ris>lh;lioii at atu .ulininivlnmve iir imJa".ji i-tmipliaike nr ciittiiuiliciil %IHin. i« ill nm ;«JntKiistf.m*tf
JITL'.^I "t in .inv l-vtleni! ciiutl: .Mlij f^t uiKliK! Ilk* .inplK^lll cleits ID UM: cither in jfipiou'tl ))) nr a nfcliiniivir} JD. iltal jl) nil) be rti^'cssiril j% M^III as i> |K;iLtie:ihti:. luiltler. iin nprtuted JI). .1
i (jnj .l'l lenus ililj oindiiMii* txinuilHil Nicicm). or :lK[uitlnal rcntiit tlcnial call he admiiiiMialively appcaksj pumiam iu .1.11 .1 R t*;irl .*.M. jiKl Ihat in i«iy uOmiimiratHe
lUkliHeatuHtofiin'IstJicii'UKtl Balers omW 'rtf. itic < ortu »ill priHide an appri^ cii Jt) l» jcx'omplisli llul icsitii. jssoun j.. is nrnclkuhle.
PRELIMINARY JURISD1CTIONAL DETERMINATION FORM
This preliminary .11) finds that there "may be" waters of the United States on the subject project site, and identifies all
aquatic features on the site that could be affected by the proposed activity, based on the following information:
Appendix A - Sites
District Office I
state ICA c
Site
Numht
[ Kelly
| Kelly
r~
.os Angeles District Ftle/ORM it
ity County Carlsbad/San Diego
r Latitude
33d 08' 56"
33d08'56"
~r~
Longitude
117d08'38"
117d08'38"
lOKMXXni-LLC
Person Rci|iicsliiu| IMD
Cnwardin CUM
nu
n 3
PJDDate: (january 7. 20 1 0
Wayne W. Cliiiii^
tsl. Amount of
Aquatic Resource Class of
in Review Area Aquatic Resource
0.0067
0.0013
Non-Seclion 10 wetland
Mon-Section lOnon wetlani
Notes:
Enclosure 1: NATIONWIDE PERMIT NUMBER(S) NWP 3 Maintenance. TERMS AND CONDITIONS
1. Nationwide Permit(s) NWP 3 Maintenance. Terms.
Your activity is authorized under Nationwide Permit Numbers) NWP 3 Maintenance, subject to the following terms:
3. Maintenance, (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable, structure, or fill, or of
any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing
from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations
in the structure's configuration or filled area, including those due to changes in materials, construction techniques, or current
construction codes or safely standards that are necessary to make the repair, rehabilitation, or replacement are authorized. This NWP
authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other
discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years
of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be
waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays, (b) This NWP
also authorizes the removal of accumulated sediments and debris in the vicinity of and within existing structures (e.g., bridges,
culverted road crossings, water intake structures, etc.) and the placement of new or additional riprap to protect the structure. The
removal of sediment is limited to the minimum necessary to restore the waterway in the immediate vicinity of the structure to the
approximate dimensions that existed when the structure was built, but cannot extend further than 200 feet in any direction from the
structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall
and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake
structures. All dredged or excavated materials must be deposited and retained in an upland area unless otherwise specifically
approved by the district engineer under separate authorization. The placement of riprap must be the minimum necessary to protect the
structure or to ensure the safety of the structure. Any bank stabilization measures not directly associated with the structure will require
a separate authorization from the district engineer, (c) This NWP also authorizes temporary structures, fills, and work necessary to
conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding
to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for
construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a
manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas
returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. (d) This NWP
does not authorize maintenance dredging for the primary purpose of navigation or beach restoration. This NWP does not authorize
new stream channelization or stream relocation projects. Notification: For activities authorized by paragraph (b) of this NWP, the
permittee must submit a pre-construction notification to the district engineer prior to commencing the activity (see general condition
27). Where maintenance dredging is proposed, the pre-construction notification must include information regarding the original design
capacities and configurations of the outfalls, intakes, small impoundments, and canals. (Sections 10 and 404) Note: This NWP
authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Clean
Water Act Section 404(f) exemption for maintenance.
Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as appropriate,
in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees
should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective
permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water
quality certification and/or Coastal Zone Management Act consistency for an NWP.
2. Nationwide Permit General Conditions:
The following general conditions must be followed in order for any authorization by an NWP to be valid:
1, Navigation.
(a) No activity may cause more than a minimal adverse effect on navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and
maintained at the permittee's expense on authorized facilities in navigable waters of the United States.
(e) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or
other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expease to the United States. No claim shall be made against the United States on
account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic
life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary
purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable.
Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial
turbidity) of an important spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must
be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a
shellfish harvesting activity authorized by NWPs 4 and 48.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for
construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for
the repair or improvement of public water supply intake structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due
to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the preconstruction course, condition, capacity, and location
of open waters must be maintained for each activity, including stream channelization and storm water management activities,
except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or
impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high
flows. The activity may alter the preconstruction course, condition, capacity, and location of open waters if it benefits the
aquatic environment (e.g., stream restoration or relocation activities).
10. f ills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain
management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to
minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective
operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high
water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged lo
perform work within waters of the United States during periods of low-flow or no-flow.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-
construction elevations. The affected areas must be revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public
safety.
15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river
officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study
status, unless .the appropriate Federal agency with direct management responsibility for such river, has determined in writing
that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild
and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park
Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
16. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights
and treaty fishing and hunting rights.
17. Endangered Species.
(a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or
endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA),
or which will destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which
"may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has
been completed.
(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees
must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.
(c) Non-federal permittees shall notify the district engineer if any listed species or designated critical habitat might be affected
or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the
activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is
authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the
pre-construction notification must include the name(s) of the endangered or threatened species that may be affected by the
proposed work or that utilize the designated critical habitat that may be affected by the proposed work. The district engineer
will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical
habitat and will notify the non-Federal applicant of the Corps' determination within 45 days of receipt of a complete pre-
construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be
affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has
provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7
consultation has been completed.
(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add speciesspecific
regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the "take"
of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section
10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS or the NMFS, both lethal and non-
lethal "takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered
species and their critical habitat can be obtained directly from the offices of the U-S. FWS and NMFS or their world wide Web
pages at http:lljffww.fws.govl and http://tinino.noaa.gov/fisheries.MmI respectively.
18. Historic Properties.
(a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the
National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National
Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National
Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to
demonstrate compliance with those requirements.
(c) Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may
have the potential to cause effects to any historic properties listed, determined to be eligible for listing on, or potentially
eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities,
the preconstruction notification must state which historic properties may be affected by the proposed work or include a
vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance
regarding information on the location of or potential for the presence of historic resources can be sought from the State
Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic
Places (see 33 CFR 330.4(g)). The district engineer shall make a reasonable and good faith effort to carry out appropriate
identification efforts, which may include background research, consultation, oral history interviews, sample field
investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine
whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant
has identified historic properties which the activity may have the potential to cause effects and so notified the Corps, the non-
Federal applicant shall nol begin the activity until notified by the district engineer either that the activity has no potential to
cause effects or that consultation under Section 106 of the NHPA has been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete preconstruction
notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps
determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). If NHPA
section 106 consultation is required and will occur, the district engineer will notify the non-Federal applicant that he or she
cannot begin work until Section 106 consultation is completed.
(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h-2(k)) prevents the Corps from
granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA,
has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power
to prevent it allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council
on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect
created or permitted by the applicant If circumstances justify granting the assistance, the Corps is required to notify the
ACHP and provide documentation specifying the circumstances, explaining the degree of damage to the integrity of any
historic properties affected, and proposed mitigation. This documentation must include any views obtained from the
applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or
affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the
permitted activity on historic properties.
19. Designated Critical Resource Waters. Critical resource waters include: NOAA-designaled marine sanctuaries, National
Estuarine Research Reserves, state natural heritage sites, and outstanding national resource waters or other waters officially
designated by a state as having particular environmental or ecological significance and identified by the district engineer after
notice and opportunity for public comment. The district engineer may also designate additional critical resource waters after
notice and opportunity for comment.
(a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7,12,14,16,17,21,29,
31,35,39, 40, 42,43, 44,49, and 50 for any activity within, or directly affecting, critical resource waters, including wetlands
adjacent to such waters.
(b) For NWPs 3,8,10,13,15,18,19,22, 23,25,27, 28,30,33,34,36,37, and 38, notification is required in accordance with
general condition 27, for any activity proposed in the designated critical resource waters including wetlands adjacent to those
waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the
critical resource waters will be no more than minimal.
20. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation
necessary to ensure that adverse effects on the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to
waters of the United Stales to the maximum extent practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimi/ing, rectifying, reducing, or compensating) will be required to the extent
necessary to ensure that the adverse effects to the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10 acre and
require preconstruction notification, unless the district engineer determines in writing that some other form of mitigation
would be more environmentally appropriate and provides a project-specific waiver of this requirement. For wetland losses of
1/10 acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that
compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment.
Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration
should be the first compensatory mitigation option considered.
(d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require
compensatory mitigation, such as stream restoration, to ensure that the activity results in minimal adverse effects on the
aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For
example, if an NWP has an acreage limit of 1/2 acre, it cannot be used to authorize any project resulting in the loss of greater
than VI acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the
lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting
the established acreage limits also satisfies the minimal impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement
for the establishment, maintenance, and legal protection {e.g., conservation easements) of riparian areas next to open waters.
In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns.
Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly
wider riparian areas to address documented water quality or habitat loss concerns. Where both wetlands and open waters
exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas
and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where
riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or
reduce the requirement to provide wetland compensatory mitigation for wetland losses.
(g) Permittees may propose the use of mitigation banks, in-lieu fee arrangements or separate activity-specific compensatory
mitigation. In all cases, the mitigation provisions will specify the party responsible for accomplishing and/or complying with
the mitigation plan.
(h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the
conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-
way, mitigation may be required to reduce the adverse effects of the project to the minimal level.
21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an
NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)).
The district engineer or State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.
22. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management
consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a
presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management requirements.
23. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the
Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe,
or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency
determination.
24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except
when the acreage loss of waters of the United States authorized fay the NWPs does not exceed the acreage limit of the NWP
with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with
associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total
project cannot exceed V3-acre.
25. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification,
the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate
Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and
the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the time the property is
transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding
on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated
with compliance with its terms and conditions, have the transferee sign and date below."
(Transferee) (Date)
26. Compliance Certification. Each permittee who received an NWP verification from the Corps must submit a signed certification
regarding the completed work and any required mitigation. The certification form must be forwarded by the Corps with the
NWP verification letter and will include:
(a) A statement that the authorized work was done in accordance with the NWP authorization, including any general or
specific conditions;
(b) A statement that any required mitigation was completed in accordance with the permit conditions; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
27. Pre-Construciimi Notification,
(a) Timing, Where required by the terms of the NWP, the prospective permittee must notify the district engineer by
submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and, as a general rule, will request additional information necessary to
make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information,
then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process
will not commence until all of the requested information has been received by the district engineer. The prospective permittee
shall not begin the activity:
(1) Until notified in writing by the district engineer that the activity may proceed under the NWP with any special
conditions imposed by the district or division engineer; or
(2) If 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective
permittee has not received written notice from the district or division engineer. However, if the permittee was
required to notify the Corps pursuant to general condition 17 that listed species or critical habitat might be
affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 18 that the activity
may have the potential to cause effects to historic properties, the permittee cannot begin the activity until
receiving written notification from the Corps that is "no effect" on listed species or "no potential to cause
effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act
(see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) is completed.
Also, work cannot begin under NWPs 21,49, or 50 until the permittee has received written approval from the
Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee
cannot begin the activity until the district engineer issues the waiver. If the district or division engineer notifies
the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete
PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the
permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with
the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects
the project would cause; any other NWP(s), regional general permit(s), or individual permit(s) used or intended
to be used to authorize any part of the proposed project or any related activity. The description should be
sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be
minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary
to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when
provided result in a quicker decision.);
(4) The PCN must include a delineation of special aquatic sites and other waters of the United States on the project
site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The
permittee may ask the Corps to delineate the special aquatic sites and other waters of the United States, but there
may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of
the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or
completed by the Corps, where appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and a PCN is required, the
prospective permittee must submit a statement describing how the mitigation requirement will be satisfied. As
an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan;
(6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the
project is located in designated critical habitat, for non-Federal applicants the PCN must include the name(s) of
those endangered or threatened species that might be affected by the proposed work or utilize the designated
critical habitat that may be affected by the proposed work. Federal applicants must provide documentation
demonstrating compliance with the Endangered Species Act; and
(7) For an activity that may affect a historic properly listed on, determined to be eligible for listing on, or potentially
eligible for listing on, the National Register of Historic Places, for non-Federal applicants the PCN must state
which historic property may be affected by the proposed work or include a vicinity map indicating the location
of the historic property. Federal applicants must provide documentation demonstrating compliance with
Section 106 of the National Historic Preservation Act.
(c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but
the completed application form must clearly indicate that it is a PCN and must include all of the information required in
paragraphs (b)(l) through (7) of this general condition. A letter containing the required information may also be used.
(d) Agency Coordination;
(1) The district engineer will consider any comments from Federal and state agencies concerning the proposed
activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the
project's adverse environmental effects to a minimal level.
(2) For all NWP 48 activities requiring pre-construction notification and for other NWP activities requiring
preconstruction notification to the district engineer that result in the loss of greater than 1/2-acre of waters of the
United States, the district engineer will immediately provide (e.g., via facsimile transmission, overnight mail, or
other expeditious manner) a copy of the PCN to the appropriate Federal or state offices (U.S. FWS, state natural
resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic
Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will
then have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer
notice that they intend to provide substantive, site-specific comments. If so contacted by an agency, the district
engineer will wait an additional 15 calendar days before making a decision on the preconstruction notification.
The district engineer will fully consider agency comments received within the specified time frame, but will
provide no response to the resource agency, except as provided below. The district engineer will indicate in the
administrative record associated with each preconstruction notification that the resource agencies' concerns
were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed
immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic
hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37
authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response
to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as
required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps multiple copies of pre-construction notifications to expedite
agency coordination.
(5) For NWP 48 activities that require reporting, the district engineer will provide a copy of each report within 10
calendar days of receipt to the appropriate regional office of the NMFS.
(e) District Engineer's Decision: In reviewing the PCN for the proposed activity, the district engineer will determine whether the
activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or
may be contrary to the public interest. If the proposed activity requires a PCN and will result in a loss of greater than 1/10 acre
of Wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose
compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the
aquatic environment of the proposed work are minimal. The compensatory mitigation proposal may be either conceptual or
detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the
adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the
permittee and include any conditions the district engineer deems necessary. The district engineer must approve any
compensatory mitigation proposal before the permittee commences work. If the prospective permittee elects to submit a
compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory
mitigation plan. The district engineer must review the plan within 45 calendar days of receiving a complete PCN and
determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment.
If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation
proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to
the applicant. The response will state that the project can proceed under the terms and conditions of the NWP.
If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district
engineer will notify the applicant either
(1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures
to seek authorization under an individual permit;
(2) that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that
would reduce the adverse effects on the aquatic environment to the minimal level; or
(3) that the project is authorized under the NWP with specific modifications or conditions.
Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur
to the aquatic environment, the activity will be authorized within the 45-day PCN period. The authorization will include the
necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation plan that would reduce the
adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United
States tnay occur until the district engineer has approved a specific mitigation plan.
28. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once
for the same single and complete project.
3. Regional Conditions for the Los Angeles District:
In accordance with General Condition Number 23, "Regional and Case-by-Case Conditions," the following Regional
Conditions, as added by the Division Engineer, must be met in order for an authorization by any Nationwide to be valid:
1. For coastal watersheds from the southern reach of the Santa Monica Mountains in Los Angeles County to the San Luis Obispo
County/Monterey County boundary, all road crossings must employ a bridge crossing design that ensures passage and/or
spawning of steelhead (Oncarhynchus mykiss) is not hindered in any way. In these areas, bridge designs that span the stream
or river, including designs for pier- or pile-supported spans, or designs based on use of a bottomless arch culvert simulating
the natural stream bed (i.e., substrate and streamflow conditions in the culvert are similar to undisturbed stream bed channel
conditions) shall be employed unless it can be demonstrated the stream or river does not support resources conducive to the
recovery of federally listed anadromous salmonids, including migration of adults and smolts, or rearing and spawning. This
proposal also excludes approach embankments into the channel unless they are determined to have no detectable effect on
steelhead.
2. For the State of Arizona and the Mojave and Sonoran (Colorado) desert regions of California in Los Angeles District (generally
north and east of the San Gabriel, San Bernardino, San Jacinto, and Santa Rosa mountain ranges, and south of Little Lake, Inyo
County), no nationwide permit, except Nationwide Permits 1 (Aids to Navigation), 2 (Structures in Artificial Canals), 3
(Maintenance), 4 (Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities), 5 (Scientific
Measurement Devices), 6 (Survey Activities), 9 (Structures in Fleeting and Anchorage Areas), 10 (Mooring Buoys), 11
(Temporary Recreational Structures), 20 (Oil Spill Cleanup), 22 (Removal of Vessels), 27 (Stream and Wetland Restoration
Activities), 30 (Moist Soil Management for Wildlife), 31 (Maintenance of Existing Flood Control Projects), 32 (Completed
Enforcement Actions), 35 (Maintenance Dredging of Existing Basins), 37 (Emergency Watershed Protection and
Rehabilitation), 38 (Cleanup of Hazardous and Toxic Waste) and 47 (Pipeline Safety Program Designated Time Sensitive
Inspections and Repairs), or other nationwide or regional general permits that specifically authorize maintenance of
previously authorized structures or fill, can be used to authorize the discharge of dredged or fill material into a jurisdiction;!!
special aquatic site as defined at 40 CFR Part 230.40-45 (sanctuaries and refuges, wetlands, mudflats, vegetated shallows, coral
reefs, and riffle-and-pool complexes).
3. For all projects proposed for authorization by nationwide or regional general permits where prior notification to the district
engineer is required, applicants must provide color photographs or color photocopies of the project area taken from
representative points documented on a site map. Pre-project photographs and the site map would be provided with the
permit application. Photographs should represent conditions typical or indicative of the resources before impacts.
4. Notification pursuant to general condition 27 shall be required for projects in all special aquatic sites as defined at 40 CFR Part
230.40-45 (sanctuaries and refuges, wetlands, mudflats, vegetated shallows, coral reefs, and riffle-and-pool complexes), and in
all perennial waterbodies in the State of Arizona and the Mojave and Sonoran (Colorado) desert regions of California in Los
Angeles District (generally north and east of the San Gabriel, San Bernardino, San Jacinto, and Santa Rosa mountain ranges,
and south of Little Lake, Inyo County), excluding the Colorado River from Davis Dam downstream to the north end of
Topock and downstream of Imperial Dam (Federal Register dated March 12,2007 (72 FR11092) - regional conditions
requiting notification do not apply to Nationwide Permit 47).
5. Notification pursuant to general condition 27 shall be required for projects in all areas designated as Essential Fish Habitat by
the Pacific Fishery Management Council (i.e., all tidally influenced areas - Federal Register dated March 12,2007 (72 PR
11092), regional conditions requiring notification do not apply to Nationwide Permit 47).
6. Notification pursuant to general condition 27 shall be required for projects in all watersheds in the Santa Monica Mountains in
Los Angeles and Ventura counties bounded by Calleguas Creek on the west, by Highway 101 on the north and east, and by
Sunset Boulevard and Pacific Ocean on the south (Federal Register dated March 12,2007 (72 FR11092) - regional conditions
requiring notification do not apply to Nationwide Permit 47).
7. Individual permits shall be required for all discharges of fill material in jurisdicrional vernal pools.
8. Individual permits shall be required in Murrieta Creek and Temecula Creek watersheds in Riverside County for new
permanent fills in perennial and intermittent watercourses otherwise authorized under NWPs 29,39,42 and 43, and in
ephemeral watercourses for these NWPs for projects that impact greater than 0.1 acre of waters of the United States. In
addition, when NWP14 is used in conjunction with residential, commercial, or industrial developments the 0.1 acre? limit
would also apply.
9. Individual permits shall be required in San Luis Obispo Creek and Santa Rosa Creek in San Luis Obispo County for bank
stabilization projects, and in Gaviota Creek, Mission Creek and Carpinteria Creek in Santa Barbara County for bank
stabilization projects and grade control structures.
10. Notification pursuant to general condition 27 shall be required for projects in the Santa Clara River watershed in Los Angeles
and Ventura counties, including but not limited to Aliso Canyon, Agua Dulce Canyon, Sand Canyon, Bouquet Canyon, Mint
Canyon, South Fork of the Santa Clara River, San Francisquito Canyon, Castaic Creek, Piru Creek, Sespe Creek and the main-
stem of the Santa Clara River (Federal Register dated March 12,2007 (72 FR 11092) - regional conditions requiring notification
do not apply to Nationwide Permit 47).
4. Further information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
() Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C 403).
(XX) Section 404 of the Clean Water Act (33 U.S.C. 1344).
() Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
(a) This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
(b) This permit does not grant any property rights or exclusive privileges.
(c) This permit does not authorize any injury to the property or rights of others.
(d) This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following;
(a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from
natural causes.
(b) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
(c) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
(d) Design or construction deficiencies associated with the permitted work.
(e) Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest
was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant.
Circumstances that could require a reevaluation include, but are not limited to, the following:
(a) You fail to comply with the terms and conditions of this permit.
(b) The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
(c) Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 330.5 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the
terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for
any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain
situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you
for the cost.
6. This letter of verification is valid for a period not to exceed two years unless the nationwide permit is modified, reissued,
revoked, or expires before that time.
7. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions
of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good
faith transfer to a third party in compliance with General Condition H below. Should you wish to cease to maintain the
authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this
permit from this office, which may require restoration of the area.
8. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that
it is being or has been accomplished with the terms and conditions of your permit.
APPENDIX F
NS-5 CLEAR WATER DIVERSION
(CASQA) JANUARY 2003
Clear Water Diversion NS-5
Description and Purpose
Clear water diversion consists of a system of structures and
measures that intercept clear surface water runoff upstream of
a project, transport it around the work area, and discharge it
downstream with minimal water quality degradation from
either the project construction operations or the construction of
the diversion. Clear water diversions are used in a waterway to
enclose a construction area and reduce sediment pollution from
construction work occurring in or adjacent to water. Structures
commonly used as part of this system include diversion ditches,
berms, dikes, slope drains, rock, gravel bags, wood, aqua
barriers, cofferdams, filter fabric or turbidity curtains, drainage
and interceptor swales, pipes, or flumes.
Suitable Applications
A clear water diversion is typically implemented where
appropriate permits (1601 Agreement) have been secured and
work must be performed in a flowing stream or water body.
• Clear water diversions are appropriate for isolating
construction activities occurring within or near a water
body such as streambank stabilization, or culvert, bridge,
pier or abutment installation. They may also be used in
combination with other methods, such as clear water
bypasses and/or pumps.
• Pumped diversions are suitable for intermittent and low flow
streams.
• Excavation of a temporary bypass channel, or passing the flow
through a heavy pipe (called a "flume") with a trench
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Objectives
EC
SE
TR
WE
NS
WM
Erosion Conlrol
Sedimenl Conlrol
Tracking Control
Wind Erosion Conlrol
Non-Slormwaler ™
Management Control
Waste Management and
Materials Pollution Conlrol
Legend:
0 Primary Objective
13 Secondary Objective
Targeted Constituents
Sediment E
Nulnents
Trash
Metals
Bacteria
Oil and Crease
Organcs
Potential Alternatives
None
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NS-5 Clear Water Diversion
excavated under it, is appropriate for the diversion of streams less than 20 ft wide, with flow
rates less than 100 cfs.
• Clear water diversions incorporating clean washed gravel may be appropriate for use in
salmonid spawning streams.
Limitations
• Diversion and encroachment activities will usually disturb the waterway during installation
and removal of diversion structures.
• Installation may require Regional Water Quality Control Board (RWQCB) 401 Certification,
U.S. Army Corps of Engineers 404 permit and approval by California Department of Fish
and Game. If numerical-based water quality standards are mentioned in any of these and
other related permits, testing and sampling may be required.
• Diversion and encroachment activities may constrict the waterway, which can obstruct flood
flows and cause flooding or washouts. Diversion structures should not be installed without
identifying potential impacts to the stream channel.
• Diversion or isolation activities are not appropriate in channels where there is insufficient
stream flow to support aquatic species in the area dewatered as a result of the diversion.
• Diversion or isolation activities are inappropriate in deep water unless designed or reviewed
by an engineer registered in California.
• Diversion or isolation activities should not completely dam stream flow.
» Dewatering and removal may require additional sediment control or water treatment See
NS-2, Dewatering Operations.
• Not appropriate if installation, maintenance, and removal of the structures will disturb
sensitive aquatic species of concern.
Implementation
General
• Implement guidelines presented in NS-iy, Streambank Stabilization to minimize impacts to
streambanks.
• Where working areas encroach on flowing streams, barriers adequate to prevent the flow of
muddy water into streams should be constructed and maintained between working areas
and streams. During construction of the barriers, muddying of streams should b e held to a
minimum.
• Diversion structures must be adequately designed to accommodate fluctuations in water
depth or flow volume due to tides, storms, flash floods, etc.
• Heavy equipment driven in wet portions of a water body to accomplish work should b e
completely clean of petroleum residue, and water levels should be below the fuel tanks,
gearboxes, and axles of the equipment unless lubricants and fuels are sealed such that
inundation by water will not result in discharges of fuels, oils, greases, or hydraulic fluids.
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• Excavation equipment buckets may reach out into the water for the purpose of removing or
placing fill materials. Only the bucket of the crane/ excavator/backhoe may operate in a
water body. The main body of the crane/excavator/backhoe should not enter the water body
except as necessary to cross the stream to access the work site.
• Stationary equipment such as motors and pumps located within or adj acent to a water body,
should be positioned over drip pans.
• When any artificial obstruction is b eing constructed, maintained, or placed in operation,
sufficient water should, at all times, be allowed to pass downstream to maintain aquatic life.
• Equipment should not be parked below the high water mark unless allowed by a permit.
• Disturbance or removal of vegetation should not exceed the minimum necessary to complete
operations. Precautions should be taken to avoid damage to vegetation by people or
equipment. Disturbed vegetation should be replaced with the appropriate erosion control
measures.
• Riparian vegetation approved for trimming as part of the project should be cut off no lower
than ground level to promote rapid re-growth. Access roads and work areas built over
riparian vegetation should be covered by a sufficient layer of clean river run cobble to
prevent damage to the underlying soil and root structure. The cobble should be removed
upon completion of project activities.
• Drip pans should be placed under all vehicles and equipment placed on docks, barges, or
other structures over water bodies when the vehicle or equipment is planned to be idle for
more than i hour.
• Where possible, avoid or minimize diversion and encroachment impacts by scheduling
construction during periods of low flow or when the stream is dry. Scheduling should also
consider seasonal releases of water from dams, fish migration and spawning seasons, and
water demands due to crop irrigation.
• Construct diversion structures with materials free of potential pollutants such as soil, silt,
sand, day, grease, or oil.
Temporary Diversions and Encroachments
m Construct diversion channels in accordance with EC-g, Earth Dikes and Drainage Swales.
• In high flow velocity areas, stabilize slopes of embankments and diversion ditches using an
appropriate liner, in accordance with EC-7, Geotextiles and Mats, or use rock slope
protection.
• Where appropriate, use natural streambed materials such as large cobbles and boulders for
temporary embankment and slope protection, or other temporary soil stabilization methods.
• Provide for velocity dissipation at transitions in the diversion, such as the point where the
stream is diverted to the channel and the point where the diverted stream is returned to its
natural channel. See also EC-io, Velocity Dissipation Devices.
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NS-5 Clear Water Diversion
Temporary Dry Construction Areas
m When dewatering behind temporary structures to create a temporary dry construction area,
such as cofferdams, pass pumped water through a sediment-settling device, such as a
portable tank or settling basin, before returning water to the water body. See also NS-2,
Dewatering Operations.
• Any substance used to assemble or maintain diversion structures, such as form oil, should be
non-toxic and non-hazardous.
• Any material used to minimize seepage underneath diversion structures, such as grout,
should be non-toxic, non-hazardous, and as close to a neutral pH as possible.
Comparison of Diversion and Isolation Techniques:
m Gravel bags are relatively inexpensive, but installation and removal can be labor intensive.
It is also difficult to dewater the isolated area. Sandbags should not be used for this
technique in rivers or streams, as sand should never be put into or adjacent to a stream, even
if encapsulated in geotextile.
• Gravel Bag Berms (SE-6) used in conjunction with an impermeable membrane are cost
effective, and can be dewatered relatively easily. If spawning gravel is used, the
impermeable membrane can be removed from the stream, and the gravel can be spread out
and left as salmonid spawning habitat if approved in the permit. Only clean, washed gravel
should be used for both the gravel bag and gravel berm techniques.
• Cofferdams are relatively expensive, but frequently allow full dewatering. Also, many
options now available are relatively easy to install,
• Sheet pile enclosures are a much more expensive solution, but do allow full dewatering. This
technique is not well suited to small streams, but can be effective on large rivers or lakes,
and where staging and heavy equipment access areas are available.
• K-rails are an isolation method that does not allow full dewatering, but can be used in small
to large watercourses, and in fast-water situations.
• A relatively inexpensive isolation methodis filter fabric isolation. This method involves
placement of gravel bags or continuous berms to 'key-in' the fabric, and subsequently
staking the fabric in place. This method shouldbe used in relatively calm water, and can be
used in smaller streams. Note that this is not a dewatering method, but rather a sediment
isolation method
• Turbidity curtains should be used where sediment discharge to a stream is unavoidable.
They can also be used for in-stream construction, when dewatering an area is not required.
• When used in watercourses or streams, cofferdams must be used in accordance with permit
requirements.
• Manufactured diversion structures should be installed following manufacturer's
specifications.
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Clear Water Diversion NS-5
• Filter fabric and turbidity curtain isolation installation methods can be found in the specific
technique descriptions that follow.
Filter Fabric Isolation Technique
Definition and Purpose
A filter fabric isolation structure is a temporary structure built into a waterway to enclose a
construction area and reduce sedimentpollution from construction work in or adjacent to water.
This structure is composed of filter fabric, gravel bags, and steel t-posts.
Appropriate Applications
m Filter fabric may be used for construction activities such as streambank stabilization, or
culvert, bridge, pier or abutment installation. It may also be used in combination with other
methods, such as clean water bypasses and/or pumps.
• Filter fabric isolation is relatively inexpensive. This method involves placement of gravel
bags or continuous berms to 'key-in' the fabric, and subsequently stakingthe fabric in place.
• If spawning gravel is used, all other components of the isolation can be removed from the
stream^ and the gravel may be spread out and left as sahnonid spawning habitat if approved
in the permit. Whether spawning gravel or other types of gravel are used, only clean washed
gravel should be used as infill for the gravel b ags or continuous berm.
• This method should be used in relatively calm water, and can be used in smaller streams.
This is not a dewatering method, but rather a sediment isolation method.
• Water levels inside and outside the fabric curtain must be about the same, as differential
heads will cause the curtain to collapse.
limitations
m Do not use if the installation, maintenance and removal of the structures will disturb
sensitive aquatic species of concern.
• Filter fabrics are not appropriate for projects where dewatering is necessary.
• Filter fabrics are not appropriate to completely dam stream flow.
Design and Installation
m For the filter fabric isolation method, a non-woven or heavy-duty fabric is recommended
over standard silt fence. Using rolled geotextiles allows non-standard widths to be used.
• Anchor filter fabric with gravel bags filled with dean, washed gravel. Do not use sand. If a
bag should split open, the gravel can be left in the stream, where it can provide aquatic
habitat benefits. If a sandbag splits open hi a watercourse, the sand could cause a decrease
in water quality, and could bury sensitive aquatic habitat
• Another anchor alternative is a continuous berm, made with the Continuous Berm Machine.
This is a gravel-filled bag that can be made in very long segments. The length of the berms is
usually limited to 18 ft for ease of handling (otherwise, it gets too heavy to move).
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NS-5 Clear Water Diversion
• Place the fabric on die bottom of the stream, and place either a bag of clean, washed gravel
or a continuous berm over the bottom of the silt fence fabric, such that a bag-width of fabric
lies on the stream bottom. The bag should be placed on what will be the outside of the
isolation area.
• Pull the fabric up, and place a metal t-post immediately behind the fabric, on the inside of
the isolation area; attach the silt fence to the post with three diagonal nylon ties.
• Continue placing fabric as described above until the entire work area has been isolated,
staking the fabric at least every 6 ft.
Inspection and Maintenance
• Immediately repair any gaps, holes or scour.
• Remove and properly dispose of sediment buildup.
• Remove BMP upon completion of construction activity. Recycle or reuse if applicable.
• Revegetate areas disturbed by BMP removal if needed.
Turbidity Curtain Isolation Technique
Definition and Purpose
A turbidity curtain is a fabric barrier used to isolate the near shore work area. The barriers are
intended to confine the suspended sediment. The curtain is a floating barrier, and thus does not
prevent water from entering the isolated area; rather, it prevents suspended sediment from
getting out
Appropriate Applications
Turbidity curtains should be used where sediment discharge to a stream is unavoidable. They
are used when construction activities adjoin quiescent waters, such as lakes, ponds, and slow
flowing rivers. The curtains are designed to deflect and contain sediment within a limited area
and provide sufficient retention time so that the sediment particles will fall out of suspension.
Limitations
• Turbidity curtains should not be used in flowing water; they are best suited for use in ponds,
lakes, and very slow-moving rivers.
• Turbidity curtains should not be placed across the width of a channel.
• Removing sediment that has been deflected and settled out by the curtain may create a
discharge problem through the resuspension of particles and by accidental dumping by the
removal equipment.
Design and Installation
• Turbidity curtains should be oriented parallel to the direction of flow.
• The curtain should extend the entire depth of the watercourse in calm-water situations.
• In wave conditions, the curtain should extend to within 1 ft of the bottom of the watercourse,
such that the curtain does not stir up sediment by hitting the bottom repeatedly. If it is
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Clear Water Diversion NS-5
desirable for the curtain to reach the bottom in an active-water situation, a pervious filter
fabric may be used for the bottom 1 ft.
• The top of the curtain should consist of flexible flotation buoys, and the bottom should be
held down by a load line incorporated into the curtain fabric. The fabric should be a brightly
colored impervious mesh.
• The curtain should be held in place by anchors placed at least every 100 ft.
• First, place the anchors, then tow the fabric out in a furled condition, and connect to the
anchors. The anchors should be connected to the flotation devices, and not to the bottom of
the curtain. Once in place, cut the furling lines, and allow the bottom of the curtain to sink
• Consideration must be given to the probable outcome of the removal procedure. It must be
determined if it will create more of a sedtmentproblem through re-suspension of the
particles or by accidental dumping of material during removal. It is recommended that the
soil particles trapped by the turbidity curtain only be removed if there has been a significant
change in the original contours of the affected area in the watercourse.
• Particles should always be allowed to settle for a minimum of 6 to 12 hours prior to their
removal or prior to removal of the turbidity curtain.
Maintenance and Inspection:
m The curtain should be inspected for holes or other problems, and any repairs needed should
be made promptly.
• Allow sediment to settle for 6 to 12 hours prior to removal of sediment or curtain. This
means that after removing sediment, wait an additional 6 to 12 hours before removing the
curtain.
• To remove, install furling lines along the curtain, detach from anchors, and tow out of the
water.
K-rail River Isolation
Definition and Purpose
This temporary sediment control or stream isolation method uses K-rails to form the sediment
deposition area, or to isolate the in-stream or near-bank construction area.
Barriers are placed end-to-end in a pre-designed configuration and gravel-filled bags are used at
the toe of the barrier and at their abutting ends to seal and prevent movement of sediment
beneath or through the barrier walls.
Appropriate Applications
The K-rail isolation can be used in streams with higher water velocities than many other
isolation techniques.
• This technique is also useful at the toe of embankments, and cut or fill slopes.
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Limitations
• The K-rail method should not be used to dewater a project site, as the barrier is not
watertight
Design and Installation
• To create a floor for the K-rafl, move large rocks and obstructions. Place washed gravel and
gravel-filled bags to create a level surface for K-rails to sit Washed gravel should always be
used
• Place the bottom two K-rails adj acent to each other, and parallel to the direction of flow; fill
the center portion with gravel bags. Then place the third K-rail on top of the bottom two.
There should be sufficient gravel bags between the bottom K-rails such that the top rail is
supported by the gravel. Place plastic sheeting around the K-rails, and secure at the bottom
with gravel bags.
• Further support can be added by pinning and cabling the K-rails together. Also, large riprap
and boulders can be used to support either side of the K-rail, especially where there is strong
current
Inspection and Maintenance:
• The barrier should be inspected and any leaks, holes, or other problems should be addressed
immediately.
• Sediment should be allowed to settle for at least 6 to 12 hours prior to removal of sediment,
and for 6 to 12 hours prior to removal of the barrier.
Stream Diversions
The selection of which stream diversion technique to use will depend upon the type of work
involved, physical characteristics of the site, and the volume of water flowing through the
project
Advantages of a. Pumped Diversion
m Downstream sediment transport can be nearly eliminated.
• Dewatering of the work area is possible.
• Pipes can be moved around to allow construction operations.
• The dams can serve as temporary access to the site.
» Increased flows can be managed by adding more pumping capacity.
Disadvantages of a Pumped Diversion
• Flow volume is limited by pump capacity.
• A pumped diversion requires 24 hour monitoring of pumps.
• Sudden rain could overtop dams.
• Erosion at the outlet
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Clear Water Diversion NS-5
• Minor in-stream disturbance is required to install andremove dams.
Advantages of Excavated Channels and Flumes
» Excavated channels isolate work from w ater flow and allow dewatering.
• Excavated channels can handle larger flows than pumps.
Disadvantages of Excavated Channels andFlwnes
« Bypass channel or flume must be sized to handle flows, including possible floods.
» Channels must be protected from erosion.
» Flow diversion and re-direction with small dams involves in-stream disturbance and
mobilization of sediment
Design and Installation
• Installation guidelines will vary based on existing site conditions and type of diversion used.
• Pump capacity must be sufficient for design Dow.
• A standby pump is required in case a primary pump fails.
• Dam materials used to create dams upstream and downstream of diversion should be
erosion resistant; materials such as steel plate, sheet pile, sandbags, continuous berms,
inflatable water bladders, etc., would be acceptable.
When constructing a diversion channel, begin excavation of the channel at the proposed
downstream end, and work upstream. Once the watercourse to be diverted is reached and the
excavated channel is stable, breach the upstream end and allow water to flow down the new
channel. Once flow has been established in the diversion channel, install the diversion weir in
the main channel; this will force all water to be diverted from the main channel.
Inspection and Maintenance
• Pumped diversions require 24 hour monitoring of pumps.
• Inspect embankments and diversion channels for damage to the Enings, accumulating
debris, sediment buildup, and adequacy of the slope protection. Remove debris and repair
linings and slope protection as required. Remove holes, gaps, or scour.
• Upon completion of work, the diversion or isolation structure should be removed and flow
should be redirected through the new culvert or back into the original stream channel.
Recycle or reuse if applicable.
• Revegetate areas disturbed by BMP removal if needed
Costs
Costs of clear water diversion vary considerably and can be very high.
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NS-5 Clear Water Diversion
Inspection and Maintenance
• Inspect and verify that activity-based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect weekly
during the rainy season and at two-week intervals in the non-rainy season to verify
continued BMP implementation.
• Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges
occur.
» Refer to BMP-specific inspection and maintenance requirements.
References
California Bank and Shore Rock Slope Protection Design - Practitioners Guide and Field
Evaluations of Riprap Methods, Caltrans Study No. FgoTLos, October, 2000.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
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