www.dfa.ca.aov - Bay Delta Conservation Plan

Transcription

State of California - The Natural Resources AQenCVARNOLD SCHWARZENEGGER. Governor
DEPARTMENT OF FISH AND GAME
Bay Delta Region
Post m c e Box 47
Younhrille, California 94599
(707) 944-5520
www.dfa.ca.aov
September 16,2010
Mr. Dean Messer
California Department of Water Resources
3500 Industrial Boulevard
West Sacramento, CA 95691
Subject:
Final Lake or Streambed Alteration Agreement
Notification No. 1600-2010-0220-R3
Sacramento - San Joaquin Delta
Dear Mr. Messer:
Enclosed is the final Streambed Alteration Agreement ("Agreement") for the Engineering
Geotechnical Studies for the Bay Delta conservation Plan and/or Preliminan, Engineering Studies
for the Delta Habitat conservation and Conveyance Program ("Project"). ~eforeihe~ e k r t m e n t
may issue an Agreement, it must comply with the California Environmental Quality Act ("CEQA"). In
this case, the Department, acting as a responsible agency, filed a notice of determination ("NOW) on
September 16, 2010 based on information contained in the Mitigated Negative Declaration the lead
agency prepared for the Project.
Under CEQA, filing a NOD starts a 30-day period within which a party may challenge the filing
agency's approval of the project. You may begin your project before the 30-day period expires if you
have obtained all necessaly local, state, and federal permits or other authorizations. However, if you
elect to do so, it will be at your own risk.
If you have any questions regarding this matter, please contact Andrea Boertien, Environmental
Scientist, at (209) 942-6070 or [email protected] .
Sincerely,
Scott Wilson
Environmental Program Manager
Bay Delta Region
cc: Michelle Beachley
Lieutenant Christensen
Lieutenant Mason
Lieutenant Vielhauer
A. Boertien
CALIFORNIA
DEPARTMENT OF FISH AND GAME
BAYDELTAREGION
POSTOFFICEBOX47
YOUNNILLE,CALIFORNIA94599
(707) 944-5520
WWW.DFG.CA.GOV
STREAMBED
ALTERATION AGREEMENT
NOTIFICATION
NO. 1600-2010-0220-R3
Delta-wide; Sacramento River, Snodgrass Slough, Georgiana Slough,
North Mokelumne River, South Mokelumne River, Potato Slough, San
Joaquin River, Connection Slough, Santa Fe Cut, North Victoria Canal,
confluence of Victoria Canal and Old River
MR. DEANMESSER
ENGINEERING
GEOTECHNICAL
STUDIESFOR THE BAYDELTACONSERVATION
PLANAND/OR PRELIMINARY
ENGINEERING
STUDIESFOR THE DELTAHABITAT
AND CONVEYANCE
PROGRAM
CONSERVATION
This Streambed Alteration Agreement (Agreement) is entered into between the
California De~artmentof Fish and Game IDFG) and California De~artmentof Water
Resources (permittee) as represented b y ' ~ r dean
.
Messer.
RECITALS
WHEREAS, pursuant to Fish and Game Code (FGC) section 1602, Permittee notified
DFG on June 15,2010 that Permittee intends to complete the prdject described herein.
WHEREAS, pursuant to FGC section 1603, DFG has determined that the project could
substantially adversely affect existing fish or wildlife resources and has included
measures in the Agreement necessary to protect those resources.
WHEREAS, Permittee has reviewed the Agreement and accepts its terms and
conditions, including the measures to protect fish and wildlife resources.
NOW THEREFORE, Permittee agrees to complete the project in accordance with the
Agreement
PROJECT LOCATION
The ~roiectis located throuahout the Delta:
*' At 5 proposed intake-structures located on the Sacramento River between
Courtland and Clarksbura (9-12 borinas at each site)
Where All Tunnel 0ption-(~~0)
alignment would intersect major waterways
including:
Ver. 02/16/2010
Notification #1600-2010-0220-R3
Streambed Alteration Agreement
Page 2 of 14
o
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o
o
o
o
o
o
o
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o
Snodgrass Slough - north of Lambert Road
Sacramento River between River Mile 29 and 30
Sacramento River between River Mile 25 and 26
Georgiana Slough - 3 crossings between River Mile 8.5 and 11
North Mokelurnne River - between River Mile 2 and 3
South Mokelumne River - River Mile 5.5 to 6.5
Potato Slough
San Joaquin River between River Mile 25 and 26 (Venice Reach and
Mandeville Cut)
Connection Slough (east of Youngs Slough)
Santa Fe Cut between Woodward and Bacon Island
Woodward Canal (a.k.a. North Victoria Canal)
Confluence of Victoria Canal and Old River +I- 0.5 mile
Maps (6) are included with the Agreement as Exhibit A.
The project is located in the Counties of Sacramento, San Joaquin, Contra Costa, Yolo,
and Solano, State of California; see Exhibit B for latitude and longitude coordinates.
Township 07N Range 04E Section 26
07N
04E
27
07N
04E
35
06N
04E
02
15
06N
04E
06 N
04E
22
U S . Geological Survey (USGS) maps Clarksburg, Courtland, Isleton, Bouldin Island,
Woodward Island, Clifton Court Forebay.
PROJECT DESCRIPTION
The project is limited to approximately 80 overwater borings, approximately 220 paired
geotechnical borings, cone penetrometer soundings, and approximately 30 small test
pits to test soils to obtain geotechnical data.
Page 3 of 14
50 overwater geotechnical borings will take place in the Sacramento River to obtain
information for 5 proposed intake structures. Approximately 20 overwater borings are
planned at 12 major water crossings. An additional 5 to 12 geotechnical borings are
proposed to obtain information for docking facilities. The depths of the borings will range
between 100 and 200 feet deep below the bottom of the river and the diameter of the
borings will be 3.5 to 5.5 inches. Drilling will be conducted with a rotary drilling rig
mounted on a shallow-draft barge or ship. Multiple bargeslships may be operated
concurrently. The barge or ship will be anchored into the bottom of the channel to
prevent drifting during work. The borings will be advanced using mud rotary method.
The conductor casing will be used to confine the drill fluid and cuttings within the drill
hole to prevent spillage into the water. Soil samples will be collected from within the
conductor casing. Drill cuttings that settle out in the recirculation tank will be collected
into 55-gallon storage drums.
Upon completion of each hole, the borings will be grouted from the bottom of the
borehole to within 10-15 feet of the top of the hole with 5% by weight bentonite and 95%
by weight cement grout.
The geotechnical investigation program on land will consist of approximately 220 to 240
exploration locations which include drilling boreholes, performing cone penetration tests,
and conducting about 30 shallow tests pit excavations with dimensions typically 4 feet
wide x 12 feet long x 12 feet deep. Temporary test wells may be installed at some sites
and small test pit excavations may be dug to obtain near-surface soil samples. After
each site is investigated, the boring, cone penetration tests, and wells will be backfilled
with cement-bentonite grout. Test pits will be backfilled with the excavated material on
the same day they are dug.
PROJECT IMPACTS
Existing fish or wildlife resources the project could substantially adversely affect include:
winter-run Chinook salmon (Oncorhynchus tshawystscha), spring-run Chinook salmon
(Oncorhynchus tshawystscha), fallllate fall-run Chinook salmon (Oncorhynchus
tshawystscha), delta smelt (Hypomesus transpacificus), longfin smelt (Spirinchus
thaleichthys), green sturgeon (Acipenser medirostris), California tiger salamander
(Ambystoma californiense), California red-legged frog (Rana draytoni,), western pond
turtle (Actinemys marmorata), giant garter snake (Thamnophis gigas) and Swainson's
hawk (Buteo swainson,).
The adverse effects the project could have on the fish or wildlife resources identified
above include: permanent loss of natural bed substrate, temporary release of leachate
(bentonite and cement grout), temporary disruption to nesting birds, and trenches that
can capture terrestrial organisms.
MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES
1. Administrative Measures
Page 4 of 14
Permittee shall meet each administrative requirement described below.
1 Documentation at Proiect Site. Permittee shall make the Agreement,
any extensions and amendments to the Agreement, and all related
notification materials and California Environmental Quality Act
(CEQA) documents, readily available at the project site at all times
and shall be presented to DFG personnel, or personnel from another
state, federal, or local agency upon request.
1.2 Providinq Aqreement to Persons at Proiect Site. Permittee shall
provide copies of the Agreement and any extensions and
amendments to the Agreement to all persons who will be working on
the project at the project site on behalf of Permittee, including but not
limited to contractors, subcontractors, inspectors, and monitors.
1.3 Notification of Conflictinq Provisions. Permittee shall notify DFG if
Permittee determines or learns that a provision in the Agreement
might conflict with a provision imposed on the project by another
local, state, or federal agency. In that event, DFG shall contact
Permittee to resolve any conflict.
1.4 Proiect Site Entry. Permittee agrees that DFG personnel may enter
the project site at any time to verify compliance with the Agreement.
2. Avoidance and Minimization Measures
To avoid or minimize adverse impacts to fish and wildlife resources identified above,
Permittee shall implement each measure listed below.
General
The Permittee is required to comply with all applicable state and
federal laws at all drilling sites, including the California and Federal
Endangered Species Acts. This agreement does not authorize the
take of any state or federally listed species. Liability for any take or
incidental take of such listed species remains the responsibility of the
Permittee for the duration of the project. Any unauthorized take of
such listed species may result in prosecution and nullification of the
agreement.
All work shall be done according to the "Department of Water
Resources Mitigated Negative Declaration and Initial Study
Engineering Geotechnical Studies for the Bay Delta Conservation
Plan and/or Preliminary Engineering Studies for the Delta Habitat
Page 5 of 14
conservation and Conveyance Program" information submitted to
DFG with the Streambed Alteration Agreement application (dated
June 15, 2010 to July 15, 2010). This information is included with this
Agreement as Exhibit C. The Permittee shall notify DFG of any
modifications made to the plans submitted to DFG. Modifications to
the project description may require an Amendment to this
Agreement.
2.3 Access to the overwater sites shall be via a support boat from an
established marina. Access to the land-based geotechnical
exploration sites shall be via existing roads and access ramps.
2.4 The Permittee shall conduct a worker environmental awareness
program onsite at boring locations for all persons who will work onsite during geotechnical engineering exploration activities. The
program shall consist of a brief presentation from a DFG-approved
Biological Monitor about the biology of the species listed in.this
Agreement, their habitat needs, and their status under the California
Endangered Species Act and Department of Fish and Game Species
of Special Concern designation. This will include procedures to
follow in case a sensitive species is encountered.
2.5 The perimeter of the terrestrial portion of the work sites shall be
adequately flagged to prevent damage to adjacent riparian habitat.
2.6 All temporary fences, barriers, andlor flagging shall be completely
removed from the project sites and properly disposed of upon
completion of project activities.
2.7 No terrestrial vegetation clearing shall be conducted during
geotechnical activities.
2.8 Land-based sites that are near wateways and that could be
disturbed by project activities shall be protected with correctly
installed erosion control measures (straw bales, coconut fiber
erosion control fabric, coir logs).
2.9 No spoils from trenching operations shall be placed on the stream
side of the trench.
2.10 Topsoil shall be stockpiled and redistributed as topsoil as close to its
original location as possible for land-based work.
2.1 1 At no time shall drill cuttings, drilling mud, andlor materials or water
contaminated with bentonite or any other substance deemed
deleterious to fish or wildlife be allowed to enter the stream or be
Page 6 of 14
placed where they may be washed into the stream. Any
contaminated waterlmaterials from the drilling andlor project
activities shall be pumped or placed into a holding facility and
removed for proper disposal. At no time shall turbidity increase
beyond existing baseline turbidity. In the event of a release of
material into the water, a biological monitor shall immediately notify
drillers and geologists of the observation of a plume. If material is
released into the water, DFG shall be notified within 24 hours of
detecting the leak. Project operations shall not be resumed until the
source of the leak is identified and remedied. When the situation is
remedied to the satisfaction of DFG, project operations may resume.
2.12 Upon DFG determination that turbiditylsiltation levels resulting from
project related activities constitute a threat to aquatic life, activities
associated with the turbiditylsiltation shall be halted until effective
DFG approved control devices are installed, or abatement
procedures are initiated.
2.13 Upon completion of each hole, the borings shall be grouted from the
bottom of the borehole to within 10 to 15 feet of the top of the
borehole with 5% by weight bentonite and 95% by weight cement
grout.
2.14 The Permittee shall prepare and implement a hazardous materials
control and spill
. .prevention and response plan prior to ~roiect
activity. Measures that will be included in t'he pian to dnil;lize project
drillinglboring effects shall include the following:
2.14.1 establish a spill prevention and countermeasure plan
before the commencement of project activity that includes
strict on-site handling rules to keep drilling materials out of
drainages and waterways;
2.14.2 raw cementlconcrete or washings thereof, asphalt, paint or
other coating material, oil or other petroleum products, or
any other substances which could be hazardous to aquatic
life, wildlife, or riparian habitat resulting from the projectrelated activities shall be prevented from entering the
waters of the State. Any of these materials placed within or
where they can enter a stream or lake by the Permittee or
any party working under contract may be subject to a
citation;
2.14.3 clean up all project-related spills immediately according to
the spill prevention and counter measureplan, and notifv
RegibnaI Water Quality Control Board (RWQCB) and D ~ G
Notification#1600-2010-0220-R3
Page 7 of 14
immediately of spills and cleanup procedures;
2.14.4 conduct periodic inspection during project activities
DFG shall review and approve the plan prior to project activity to
verify that hazardous material control and spill response measures
have been incorporated to control the use of hazardous materials
and reduce the chance of spills to the maximum extent practicable.
2.15 Erosion control measures shall be utilized throughout all phases of
operation where sediment runoff from exposed slopes threatens to
enter the waters of the State. At no time shall silt-laden runoff be
allowed to enter the stream or directed to where it may enter the
stream.
2.16 If test pits are not backfilled the same day they are dug, test pit spoil
piles and exposed areas shall be covered with plastic sheeting or
Visqueen to avoid losing soil into the stream. These covering
materials shall be applied when it is evident rainy conditions threaten
to erode loose soils into the stream.
2.17 Staging and storage areas for equipment, materials, fuels, lubricants
and solvents for overwater drilling sites shall be located on the drill
ships. Hay waddles and Visqueen shall be placed around staging
and storage areas to prevent spills into the water from equipment.
Staging and storage areas for equipment, materials, fuels, lubricants
and solvents for land-based drilling sites shall be located outside of
the stream and channel banks. Stationary equipment such as
motors, pumps, generators, compressors and welders located within
or adjacent to the stream shall be positioned over drip pans. Any
equipment or vehicles driven andlor operated within or adjacent to
the stream must be checked and maintained daily, to prevent leaks
of materials that, if introduced into the water, could be deleterious to
aquatic life, wildlife, or riparian habitat. Vehicles must be moved
away from the stream prior to fueling and lubrication.
2.18 All project-related debris and associated materials shall be removed
and appropriately disposed of upon completion of the project.
2.19 Debris, soil, silt, bark, rubbish, creosote-treated wood, raw
cementkoncrete or washings thereof, asphalt, paint or other coating
material, oil or other petroleum products, or any other substances
which could be hazardous to aquatic life, resulting from project
related activities, shall be prevented from contaminating the soil
andlor entering the waters of the State. Any of these materials,
placed within or where they may enter a stream or lake, by Permittee
Page 8 of 14
or any party working under contract, or with the permission of the
Permittee, shall be removed immediately.
2.20 At the end of each work day, if test pits have not been backfilled
the same day they were dug, an escape ramp shall be placed at the
end of the open trench to allow any animals that may have become
entrapped in the trench to climb out overnight. The ramp may be
constructed of dirt fill or wood planking or any other suitable material
that is placed at an angle no greater than 30 degrees.
2.21 If any wildlife is encountered during the course of construction, said
wildlife will be allowed to leave the construction area unharmed.
2.22 In addition to the Permittee listed below, all communication regarding
this proiect shall be directed to Michelle D. Beachlev. Staff
~nvironmentalScientist, Department of Water ~esources,901 P
Street, Room 437 (Bonderson Building), Sacramento, CA 95814.
(916) 651-9547 [email protected]
Fish Protection Measures
2.23 Project work in the bed, bank, or channel shall be limited to the
period between August 1 to November 30.
2.24 A qualified biological monitor shall be on-site during project
operations to monitor implementation of conservation measures. If
the monitor detects a fish kill during operations, all operations shall
cease and all specimens collected and identified to species.
Operations cannot be reinitiated until it is confirmed that the
specimen is not a sensitive species. If all specimens cannot be
captured and identified, all project activity shall cease at that
location.
Western Pond Turtle Protection Measures
2.25 Within 48 hours prior to construction, a qualified biologist hired by
the Permittee will survey the area at the appropriate time of day for
the presence of western pond turtles.
2.26 If western pond turtles are found during field surveys, a qualified
wildlife biologist will move the turtle(s) to the nearest suitable habitat
outside the project footprint area.
2.27 Impacts to potential basking sites (e.g. logs and rocks) will be
avoided during project-related construction activities whenever
feasible.
Page 9 of 14
Giant Garter Snake Protection Measures
2.28 Project activities shall not occur on the banks on the water side of
the levees.
Swainson's Hawk and Migratory Bird Protection Measures
2.29
If project-related activities are scheduled during the nesting season
of protected raptors and migratory birds (February 1 to August 31),
pre-project surveys shall be conducted by a qualified biologist
to identify active Swainson's hawk nests within % mile of the
proposed project site and nests of other raptors within 500 feet of
the proposed project site. If active nesting is identified within the %
mile radius, consultation with DFG is required.
2.30
The Swainson's hawk pre-project survey shall be conducted no
less than 14 days and no more than 30 days prior to beginning of
project activities.
2.31 If active Swainson's hawk nests are found, project-related impacts
shall be avoided by establishment of appropriate buffers. The size
of the buffers shall be determined by a qualified biologist in
consultation with DFG.
2.32 If there is a late nesting pair of Swainson's hawks within % mile of
the project area, a biological monitor will have the authority to
immediately stop construction activity that may result in the hawks
abandoning the nest and work will cease until the threat has subsided.
3. Reporting Measures
Permittee shall meet each reporting requirement described below.
3.1
If any sensitive species are observed in project surveys, the
Permittee shall submit Natural Diversity Data Base (NDDB) forms to
the NDDB for all the pre-project survey data with five working days of
the sightings, and provide DFG Region 3 with copies of the NDDB
forms and survey maps.
3.2 Notify DFG immediately if take of delta smelt or longfin smelt occurs,
is anticipated, or is suspected. Notification must include date, time,
and precise location of the incidentlspecimens, and other pertinent
information. Notification shall be made by phone (209) 942-6070 or
Notification shall be made by phone (209) 942-6070 or by e-mail to
Page IOof I 4
[email protected]. Refer to Notification Number 1600-20100220-3 when notifying DFG.
3.3 Results of the Swainson's hawk and migratory bird pre-project
surveys required in Condition 2.32 shall be e-mailed to
[email protected]. Refer to Notification Number 1600-20100220-3 when submitting the survey to DFG.
CONTACT INFORMATION
Any communication that Permittee or DFG submits to the other shall be in writing and
any communication or documentation shall be delivered to the address below by U.S.
mail, fax, or email, or to such other address as Permittee or DFG specifies by written
notice to the other.
To Permittee:
California Departmeht of Water Resources
Mr. Dean Messer
3500 Industrial Boulevard
Fax: (916) 376-9688
[email protected]
To DFG:
Department of Fish and Game
Bay Delta Region
Post Office Box 47
Yountville, California 94599
Attn: Lake and Streambed Alteration Program -Andrea Boertien
Fax : (707) 944-5553
[email protected]
LIABILITY
Permittee shall be solely liable for any violations of the Agreement, whether committed
by Permittee or any person acting on behalf of Permittee, including its officers,
employees, representatives, agents or contractors and subcontractors, to complete the
project or any activity related to it that the Agreement authorizes.
This Agreement does not constitute DFG's endorsement of, or require Permittee to
proceed with the project. The decision to proceed with the project is Permittee's alone.
Page 11 of 14
SUSPENSION AND REVOCATION
DFG may suspend or revoke in its entirety the Agreement if it determines that Permittee
or any person acting on behalf of Permittee, including its officers, employees,
representatives, agents, or contractors and subcontractors, is not in compliance with the
Agreement.
Before DFG suspends or revokes the Agreement, it shall provide Permittee written
notice by certified or registered mail that it intends to suspend or revoke. The notice
shall state the reason(s) for the proposed suspension or revocation, provide Permittee
an opportunity to correct any deficiency before DFG suspends or revokes the
Agreement, and include instructions to Permittee, if necessary, including but not limited
to a directive to immediately cease the specific activity or activities that caused DFG to
issue the notice.
ENFORCEMENT
Nothing in the Agreement precludes DFG from pursuing an enforcement action against
Permittee instead of, or in addition to, suspending or revoking the Agreement.
Nothing in the Agreement limits or otherwise affects DFG's enforcement authority or that
of its enforcement personnel.
OTHER LEGAL OBLIGATIONS
This Agreement does not relieve Permittee or any person acting on behalf of Permittee,
including its officers, employees, representatives, agents, or contractors and
subcontractors, from obtaining any other permits or authorizations that might be
required under other federal, state, or local laws or regulations before beginning the
project or an activity related to it.
This Agreement does not relieve Permittee or any person acting on behalf of Permittee,
including its officers, employees, representatives, agents, or contractors and
subcontractors, from complying with other applicable statutes in the FGC including, but
not limited to, FGC sections 2050 et seq. (threatened and endangered species), 3503
(bird nests and eggs), 3503.5 (birds of prey), 5650 (water pollution), 5652 (refuse
disposal into water), 5901 (fish passage), 5937 (sufficient water for fish), and 5948
(obstruction of stream).
Nothing in the Agreement authorizes Permittee or any person acting on behalf of
Permittee, including its officers, employees, representatives, agents, or contractors and
subcontractors, to trespass.
Page 12 of I 4
AMENDMENT
DFG may amend the Agreement at any time during its term if DFG determines the
amendment is necessary to protect an existing fish or wildlife resource.
Permittee may amend the Agreement at any time during its term, provided the
amendment is mutually agreed to in writing by DFG and Permittee. To request an
amendment, Permittee shall submit to DFG a completed DFG "Request to Amend Lake
or Streambed Alteration" form and include with the completed form payment of the
corresponding amendment fee identified in DFG's current fee schedule (see Cal. Code
Regs., tit. 14, § 699.5).
TRANSFER AND ASSIGNMENT
This Agreement may not be transferred or assigned to another entity, and any purported
transfer or assignment of the Agreement to another entity shall not be valid or effective,
unless the transfer or assignment is requested by Permittee in writing, as specified
below, and thereafter DFG approves the transfer or assignment in writing.
The transfer or assignment of the Agreement to another entity shall constitute a minor
amendment, and therefore to request a transfer or assignment, Permittee shall submit
to DFG a completed DFG "Request to Amend Lake or Streambed Alteration" form and
include with the completed form payment of the minor amendment fee identified in
DFG's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5).
EXTENSIONS
In accordance with FGC section 1605(b), Permittee may request one extension of the
Agreement, provided the request is made prior to the expiration of the Agreement's
term. To request an extension, Permittee shall submit to DFG a completed DFG
"Request to Extend Lake or Streambed Alteration" form and include with the completed
form payment of the extension fee identified in DFG's current fee schedule (see Cal.
Code Regs., tit. 14, § 699.5). DFG shall process the extension request in accordance
with FGC 1605(b) through (e).
If Permittee fails to submit a request to extend the Agreement prior to its expiration,
Permittee must submit a new notification and notification fee before beginning or
continuing the project the Agreement covers (Fish & G. Code, § 1605, subd. (9). .
EFFECTIVE DATE
The Agreement becomes effective on the date of DFG's signature, which shall be: 1) after
Permittee's signature; 2) after DFG complies with all applicable requirements under the
Page I 3 of I 4
Califorda Environmental Quality Act (CEQA); and 3) after payment of the applicable FGC
section 71 1.4 filing fee listed at htt~://www.dfa.ca.novlhabconlceaalceaachanaes.htrnl.
TERM
This Agreement shall expire on December 31, 2014, unless it is terminated or extended
before then. All provisions in the Agreement shall remain in force throughout its term.
Permittee shall remain responsible for implementing any provisions specified herein to
protect fish and wildlife resources after the Agreement expires or is terminated, as FGC
section 1605(a)(2) requires.
EXHIBITS
The documents listed below are included as exhibits to the Agreement and incorporated
herein by reference.
Exhibit A: Figure 1, Proposed Exploration Area Map
Figure 2, Proposed Exploration, Clarksburg and Courtland Quads
Figure 3, Proposed Exploration, ~ourtlandmdClarksburg Quads
Fiaure 4. Pro~osedEx~loration.Courtland and lsleton Quads
~igure5; ~ r o ~ o s e
~x~loration;
d
Bouldin Island Quads
Figure 6, Proposed Exploration, Woodward Island and Clifton Court Forebay
Quads
Exhibit B: Corps Boring Table (latitude and longitude coordinates)
Exhibit C: Department of Water Resources Draft Supplemental Mitigated Negative
Declaration and Draft Initial Study Engineering Geotechnical Studies for the
Bay Delta Conservation Plan andlor Preliminary Engineering Studies for the
Delta Habitat Conservation and Conveyance Program, dated June 30, 2010
and received August 9,2010.
AUTHORITY
If the person signing the Agreement (signatory) is doing so as a representative of
Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee's
behalf and represents and warrants that he or she has the authority to legally bind
Permittee to the provisions herein.
AUTHORIZATION
This Agreement authorizes only the project described herein. If Permittee begins or
completes a project different from the project the Agreement authorizes, Permittee may
be subject to civil or criminal prosecution for failing to notify DFG in accordance with
FGC section 1602.
Streambed Alteration Aoreement
CONCURRENCE
The undersigned accepts and agrees to comply with all provisions contained herein.
FOR CALIFORNIA DEPARTMENT OF WATER
RESOURCES
Mr. Dean Messer
Chief, Division of Environmental Services
Date
FOR DEPARTMENT OF FISH AND GAME
Scott W~lson
Prepared by: Andrea Boertien
Environmental Scientist
Date Prepared: August 4, 2010
Date Edited: September 13, 2010
September 15,2010
Date
FOR DEPARTMENT USE ONLY
Amount Received
Date Reaiwd
Amount Due
Date CompIefe
Notilication No.
$
I
STATE OF CALIFORNIA
OF FISH AND GAME
LAKE OR
Complete EACH field, unless otherwise indicated, followlng the enclosed instructions and submit ALL required
enclosures. Attach additional pages, if necessaly.
Fish & Game
1. APPLICANT PROPOSING PROJECT
JUN 1 5 2010
Dean Messer
Name
BusinesslAgency Department of Water Resources
--
Y ountville
3500 Industrial BM
Street Address
City, State, Zip
-1
f a m e - -
Iwest Sacramento, CA 95691
(916) 376-9700
IF= 1
(916) 378-9888
Fax
(916 ) 376-9688
2. CONTACT PERSON (Complete only ifdifferent from applicanf)
Name
IMichelle Beachley
Stre$t Address
3500 Industrial Blvd
City, State, Zip
(916) 376-9826
Telephone
3. PROPERTY OWNER (Complete only if different from applicanf)
Name
l~tate
Lands Commission; Division Chief of Land Management: Barbara Dugal
Street Adgress
11W Howe Avenue, Suite 1W-S
I
~ i l y . ' ~ t a t & - ~ i1~acramento,
D
CA 95825
Telephone
~ .
. .
.it: "
I
(916) 574-1940
. [email protected]
'
4. PROJECT NAME AND AGREEMENT TERM
Page 1 of 9
Rev. 7/06
NOTIFICATION OF LAKE OR STREAMBED ALTERATION
5. AGREEMENT TYPE
A.
a
HStandard (Most construction pmjecls, excluding the categories listed below)
r>
6. OGraveVSand/RockExtraction (AttachmentA)
I c. '1
I I
D.
Timber Harvesting (Affachment B)
Mine LD. Number:
THP Number:
OWater Diversion/Extra6an/lmpoundment (AftachmentC) S W C B Nu-
a Routine Maintenance (AftachmentD)
F.
UDFG Fishbties Restoration Grant Program (FRGP)
FRGP Contract Number:
6. FEES
1
1
Exploratory Drilling
$3,000,000.001
54,482.75
7. PRIOR NOTIFICATION OR ORDER
I
OYes (Pmvide the infomation below)
ONo
Applicant:
Notification Number: 1600-2009-0251-3
07122/09
Date:
:
B.~. ls this &ii&tio.n being-submittedi n reap&& to a n.. ~ r. d e r , .: .n p t .i ~
~ o ~ o t h e r . ~s.,.,v;!2
iby:a&;rt..dr;
~ ~ yi,&,'*<.:
~ ( ~ o r d ~~;..':.r?. :~<<jI.:..... .
.
~.
~:::: ,....~.
... ... . ........... .
.~.~
..
U:_
. ,.. . ~,
. admin&jtr&iykagenc$(includingthe Departmeni)?.
:. .. .... . . . , . .~.... . .... ~.:.
kd No
<
.;.
~
~~
~
~
~
%
...
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a y e s (Enclose a copy of the order. notice, or other directive. If the directive is not in writing, identify the
person who dimted the applicant to submit this notification and the agency he or she mpmsents, and
describe the circumstances relating to the order.)
q Continued on additional oaaelsJ
Page 2 of Q
Rev. 7/08
I
8. PROJECT LOCATION
A. - Add~sordescriptionof pmje~location.
.
.
. .
(l"&d~ a map that marksthe&ation of thi&ect
dimlions from a maior mad or hiohwav)
with a referenceto the nearest city or town, and provide driving
.
The overwater and land geotechnical exploration will be performed within the areas delineated on Figure 1 through 6. The
overwater geotechnical borings are proposed to be conducted in the following areas: 1) At the anticipated locations of five
proposed intake structures located on the Sacramento River between Courtland and the Clarksburg area, appmximately 9 tc
12 borings at each site. 2) Where the AT0 alignment woukl intersect major waterways, including: a) Snodgrass Slough
North of Lambert Rd, b) Sacramento River between appmximate River Mile 29 and 30, c) Sacramento River between
appmximate River Mile 25 and 26, d) Georgiana Slough - 3 crossings between appmximate River Mile 8.5 and 11, e)North
Mokelumne River between appmximate River Mile 2 and 3, f) South Mokelumne River appmximately River Mile 5.5 to
8.5, g) Potato Slough, h) San Joaquin River behwen River Mile 25 and 26 (Venice Reach and Mandeville Cut), i) Connectio~
Slough (east of Youngs Slough), j) The Santa Fe Cut between Woodward and Bacon Island, if barge access possible. k)
Woodward Canal, a.k.a. North Victoria canal, and 1)Confluenceof Victoria canal and Old River 0.5 mile.
-
-
-
*
Please see attached Drafi Mitigated Negative Declaration/lnitialStudy and Figures 1 to 6
Continued on additional Dage(s,
~ ~ R i ~ e r ; s t r a a m ; o r l a k e a f f ~l ~buyl t i~p~l (e.s w Section A)
C. What water body is the river, stream, or lake tributaly to?
l~acramento~an
Joaquin Delta
D. Is the river or stream segment affected by the project listed in the
state odfederal Wild and Scenic Rivers Acts?
laNo
Unknown
I~acramento,San Joaquin, Contra Costa, Yolo, Solano
E. Countv
F. USGS 7.5 Minute Quad Map Name
G. Township
H. Range
I.Section
J. % Section
Multi~le:See Attached Fiaures 1 - 6
Continued on additional page(s,
Exploration conducted in the water on "properties" owned by State Lands Commission; no APN numbers
qContinued on additionalpage(s,
M. Coordinates (If available, provide at least latitude~longituda
or UTM coordinates and check apprqprate boxes)
Latitude:
Latitudellongitude
UTM
...
I
See attached
DegreeslMinutes/Seconds
>
.
~
~
Decimal Degrees
Norfhing:
Easting:
~ . .. .~~.....
Longitude:
~?
.
See attached
Decimal Minutes
Ozone 10 Ozone 11
.
~atumusedfor ~atitude~on~itude
or UTM
0 NAD 27
Page 3 of 9
IJINAD 83 or WGS 84
Rev. 7106
9. PROJECT CATEGORY AND WORK TYPE (Check each box that applies)
PROJECT CATEGORY
NEW
CONSTRUCTION
REPLACE
EXISTING STRUCTURE
REPAIRIMAINTAIN
EXISTING STRUCTURE
Bank stabilization bioengineeringlrecontouring
n
-
-n
Bank stabilization - rip-raplretaining walllgabion
0
0
0
Boat docklpier
0
0
0
Boat ramp
0
0
0
Bridge
0
0
0
Channel clearinglvegetation management
0
0
0
Culvert
0
0
Debris basin
0
0
0
0
Dam
0
0
0
Diversion structure -weir or pump intake
0
0
0
-
-
n
Filling of wetland, river, stream, or lake
Geotechnical survey
Habitat enhancement - revegetationlmitigation
0
Levee
Low water crossing
Roadltrail
Sediment removal - pond, stream, or marina
Storm drain outfall structure
Temporary stream crossing
Utility crossing : Horizontal Directional Drilling
Open trench
Other (specify):
FG2023
Page 4 of 9
Rev. 7\06
).
PROJECT DESCRIPTION
\. Describethe.project in detail; Photographsofthe project location andimmediate surrounding area should be included.
-
lntlud6 an$st~ct+es(e.g., rip-rap, culverts, or channel clearing) thatwill be piicad; built, or completed in or n&r
. .
. . .
.
. . .
' ~ . ,
. .
., .
the stream, river, or lake.
Specify thstype andvolume of materials that will be used.
.
. .
If water will be divetted or drafted, sDecifv.the:~Umase
.
. . or use.
~p~
-
.
~
'
~
Enclose diagrams, drawings, plans, and/or maps that provide all of the following: site specific construction details; the
dimensions of each structure and/or extent of each aEtivity in the bed, channel, bank or floodplain: an overview of the
entire pmject area (i.e., 'bird's-eye view') showing the location of each structure and/or activity, significant area
features, and where the dquipmentlmachinerywill enter and exit the pmject area.
he Department of Water Resources (DWR) is planning to conduct further overwater and land geotechnical boriigs,
erform cone penetration tests (CPT) and digging approximately 15 small test pit in order to test soils in the
acramento-San Joaquin Delta. This testing is necessary because of the lack of geotechnical data available to DWR in the
rlevant area. DWR is tasked with pmviding information and consultation to the Delta Stewardship Council in the
evelopment of conveyance alternatives and the development of the broader goals of creating the Bay Delta Conservation
Ian (BDCP) and the Council's Delta Plan. Work is continuing to gather geotechnical data on other conveyance alternativer
nd this pmject will aid DWR in meetlng its statutory responsibilitieswith respect to evaluating the feasibility of the
mveyance options.
'WR's geotechnical staff andlor its consultants will investigatethe engineering properties of the soils in the Delta along
lignment options, including appurtenant structures, as well as the propxed intakes and the proposed forebays for all
ptions. The purpose of the investigation is to gather necessary geotechnical informatii to support the preparation of a
raft Envimnmental Impact ReporV EnvironmentalImpact Statement (EIRIEIS) for the proposed BDCP andlor to support
le preliminary engineering studies for the Delta H a b i i Conservation and Conveyance Plan. DWR requires Delta soils ant
mundwater information to identify possible constraints in developing conveyance alternatives.
his Streambed Alteration Agreement is being requested for the ovmater portion of the project. The land portion of the
mject will not be conducted within any watetway.
ee attached draff Mitigated Negatiie DeclarationllnitialStudy for more information.
81Continuedon additionalpage(s,
.
..
.
l,~:sp&wtpgq&p&*nc&n~d-di
&,"& ih.be,c*&l&:&kblbt&,kg$~&i~~.~ .,:; /,..~;!...:..!::;.F!,> .;,! :,;y?.;.$
.
. .
.
...
. ;. ;.
:....?...:
rilling will be conducted with a rotary drilling rig mounted on a shallowdraft barge or ship. Multiple barges and/or ships
lay be operated concurrently. A tugboat will be used to move the barge into its correct poslon. Another smaller boat will
msport crew and materials to the ship or barge from the docking area.
81Continuedon additionalpage(s,
. . . . ./.;
.. . _ * ..
. ,. I
, , . . ~ . .~ ~ , . . . . . .
:. Will water be present during the pmposed work pen* (specEed in box 4.D) in
81Yes
No (Skip to box I I )
the stream, river, or lake (specified in box 8.6). '
. . .
.
/
.. ..
.?
. .
..
-......,
1. Will the proposed~pmject
require work inthe wetted portion,
of the&&,jriB1? ,.';':.
;:"..
iev:.,.. . , . :.,,.:. >) ... .~ ..' :::,, ,:;;
. .
.
.
.
.
~~
~.
':..
. ~,
,..
~
~.
81Yes (Enclose a plan to divert water around work site)
~
\
..
Page 5 of 9
,
UNo
Rev. 7/06
11. PROJECT IMPACTS
A. Describe impacts to the bed, channel, and bank of the river, stream, or lake, and the associated riparian habitat.
Specify the dimensions of the modifications in length (linear feet) and area (square feet or acres) and the type and
volume of material (cubic yards) that will be moved, displaced, or othelwise disturbed, Capplicable.
DWR does not anticipate any impacts to the channel or bank of the river, stream, or lake; nor to the associated riparian
vegetation. The prcyact has been designed to avoid impacts to sensitive habitats.
Please see draft Mitigated Negative Declaration/lnitialStudy for more information,
Continuedon additionalpage($
B. Will theproject affect any vegetation?
Vegetation Type
No vegetation will be removed
Yes (Complete the tables below)
q No
Temporary Impact
Permanent Impact
Linear feet:
Linear feet:
Total area:
Total area:
Linear feet:
Linear feet:
Total area:
Tree Species
No trees will be disturbed or removed
Total area:
I Number of Trees to be Removed I Trunk Diameter (range)
I
--
aContinuedon additionaipage(sJ
C. Am any special status animal or plant species, or habitat that could supportsuch.species,known tabapresenton or
near the ~roiect
site?
H Y e s (List each species anoYordescribe the habitat below)
See attached draft Mitigated Negatiie DeclarationllnitialStudy
NO
Unknown
Continuedon additionalpage@)
D. Identify the source(s) of information that supports a 'yes" or 'no" answer above in Box ll.C.
Caliimia Natural Diversity Database; US Fish and Wildlife Species List; California Native Plant Society. See attached drafI
Mitigated Negative DeclarationflnitialStudy
HCont~nued
on add~tional
page($
E. Has a biological study been completed for the project site?
HYes (Enclose the biological study)
No
Note: A biologicalassessment or study may be required to evaluate potentialproject impacts on biological resources.
F. Has a hydrological study been completed for the project or project site?
D y e s (Enclose the hydrologicalstudy)
No
Note: A hydrologicalstudy or other information on site hydraulics (e.g., flows, channelcharacteristics, and/or flood
recurrence intervalsj may be required to evaluate potentialproject impacts on hydrology.
Page 6 of 9
Rev. 7106
12. MEASURES TO PROTECT FISH, WILDIFE, AND PLANT RESOURCES
4. Describe the techniques that will be used to prevent sediment from entering watercourses durina and aRer construction.
iee attached drafl Mitigated Negative Declarationllnitial Study
~ C o n l i n u e don additional page(s)
3. Describe project avoidance andlor minimization measures to protect fish, wildlife, and plant resources.
iee attached draft Mitigated Negative Declarationllnitial Study
rn Continued on addilionalpage(s)
2. Describe any project mitigation and/or compensation measures to protect fish, wildlife, and plant resources.
iee attached draft Mitigated Negative Declarationllnitial Study
8] Continued on additional page(s)
13. PERMITS
List any local, state, and federal permits required for the project and check the corresponding box(es). Enclose a copy of
each permit that has been issued.
I
A.
I C.
404; Nationwide 6
HApplied
qIssued
Central Valley Flood Protection Board General Order permit
rn Applied
Issued
D. Unknown whether Olocal, Ostate, or
federal permit is needed for the project. (Check each box that applies)
81 Continued on additional page@)
Page 7 of 9
Rev. 7106
14. ENVIRONMENTALREVIEW
4. Has a draft or final document been prepared for the project pursuant to the California Environmental Quality Act (CEQA),
National Environmental ProtectionAct (NEPA), California Endangered Species Act (CESA) andlor federal Endangered
Soecies Act (ESA)?
--
BjYes (Check the box for each CEQA, NEPA, CESA, and ESA document that has been preparedand enclose a copy of each)
NO (Check the box for each CEQA, NEPA, CESA, and ESA document listed below that will be or is being prepared)
Notice of Exemption
B j Initial Study
Negative Declaration
OTHPINTMP
kd Mitigated Negative Declaration
ONEPA document (type):
Environmental Impact Report
OCESA document (type):
Notice of Determination (Enclose)
!J ESA document (type):
Mitigation, Monitoring, Reporting Plan
3. State Clearinahouse Number (ifaaalicable)
:.
Has a CEQA lead agency been determined?
1. CEQA Lead Agency
1
:.
I
Contact Person
I
No (Skip to box 14.G)
&IYes (Complete boxes D, E, and F)
California Department of Water Resources
Michelle Beachlev
I F. Teleohone Number I
(916) 376-9826
2. If the project described in this notification is part of a larger project or plan, briefly describe that larger project or plan.
'hese project activities are necessary to obtain information pertinent to alignment alternatives, forebays, and intake locations
)r the engineering geotechnical studies for the proposed Bay Delta Conservation Plan conveyance pmject andlor preliminary
ngineering studies for the Deita Habitat Conservation and Conveyance Program. Geotechnical exploration was conducted
1st year in various streams within the Sacramento San Joaquin Delta. This study will examine geotechnical exploration within
ie newly proposed All Tunnel Option alignment and proposed intake structures and forebays and those explorations we were
nable to complete. See Mitigated Negati~eDeclarationnnitialStudy.
Continued on additionalpage(s)
-I. Has an environmental filina fee (Fish and Game Code section 711.4) been oaid?
Yes (Encloseproof of payment)
BjNo (Briefly explain below the reason a filing fee has not been paid)
he Environmental Filing Fee will be submitted to the State Clearinghouse upon submittal of the Notice of Determination.
Vote: If a filing fee is required, the Department may not finalize a Lake or StreambedAlteration Agreement until the filing fee
s paid.
15. SITE INSPECTION
Check one box only.
m l n the event the Department determines that a site inspection is necessary, I hereby authorize a Department
representative to enter the property where the project described in this notification will take place at any
reasonable time, and hereby certify that I am authorized to grant the Department such entry.
I
1
FG2023
I request the Department to first contact (insertname)
to schedule a date and time
at (insert telephone number)
to enter the orooerty where the project described in this notification will take place. I understand that this may
delay the ~$pahn&t'sdetermination as to whether a Lake or Streambed ~lterationAgreement is required andlor
the Department's issuance of a draft agreement pursuant to this notification.
Page 8 of 9
Rev. 7106
16. DIGITAL FORMAT
Is any of the information included as part of the notification available in digital format (i.e., CD, DVD, etc.)?
a y e s (Please enclose the information via digital media with the completed notificationform)
No
17. SIGNATURE
Ihereby certify that to the best of my knowledge the information in this notification is true and correct and that I an
authorized to sign this notification as, or on behalf of, the applicant. Iunderstandthat if any information in this
notification is found to be untrue or incorrect. the Department may suspend processing this notification or suspenc
revoke ally drsft or final Lake or Streambed Alteration Agreement issued pursuant to this notification. Iunderstan
also that if any information in this notification is found to be untrue or incorrect and the project described in this
n o t i i t i o n has already begun, I andlor the applicant may be subject to civil or criminal prosecution. Iunderstand
that this notification applies only to the pmject(s) described herein and that Iandlor the applicant may be subject tl
civil or criminal prosecution for undertaking any project not described herein unless the Department has been
separately notified of that project in accordance with Fish and Game Code section 1602 or 1611.
L
C
:
Signature of Applicant or Applicant's Authorized Representative
~
d / / d
Date
Dean F. Messer
Print Name
Page 9 of 9
Rev. 7\06
NOTICE OF DETERMINATION
TO:
Office of Planning and Research
Post Office Box 3044
Sacramento, California 95812-3044
SUBJECT:
F
FROM:
California Deparbnent of Fish and Game
Bay Delta Region
Post Office Box 47
Younwille, Califomia 94599
i of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources
code
PROJECT TITLE:
Engineering Geotechnical Studies for the Bay Delta Conservation Plan andlor Prelimioary
Engineering Studies for the Delta Habitat conservation and Conveyance Pmgram
STATE CLEARINGHOUSE NUMBER:
I
201006U)41
LEAD AGENCY:
CONTACT:
California Depariment of Water Resources
Michelle Beachley, Staff Environmental Scientist, (916) 651-9547
RESPONSIBLE AGENCY:
CONTACT:
California Department of Fish and Game
Andrea Boertien, Environmental Scientist, (209) 942-6070
PROJECT DESCRIPTION I LOCATION: Tbe project is limited to approximately 80 ovenvater boring, approximately
220 paired gwtechnical borings, cone penetrometer soundings, and approximately 30 small test pits to test soils to obtain
geotechnical data. 50 ovenvater gwtechnical boring will take placein the Sacramento River to obtain information for 5
proposed intake structures. Approximately 20 overwater borings are planned at 12 major water crossings. An additional 5
to 12 gwtechnical borings are proposed to obtain information for docking facilities. The depths of the borings will range
between 100 and 200 feet deep below the bottom of the river and the diameter of the borings will be 3.5 to 5.5 inches.
Drilling will be conducted with a rotary drilling rig mounted on a shallow-drat3 barge or ship. Multiple bargestships may
be operated concurrently. Upon completion of each hole, the borings will be grouted from the bottom of the borehole to
within 10-15 feet of the top of the hole with 5% by weight bentonite and 95% by weight cement grout. The project is
located throughout the Sacramento-San Joaquin Delta in the Counties of Sacramento, Yolo, San Joaquin, Contra Costa,
and Solano. The California Department of Fish and Game is executing a Lake and Streambed Alteration Agreement
Number 1600-201042U)-3 pursuant to Section 1602 of the Fish and Game Code to the project Applicant, California
Department of Water Resources.
This is to advise that the California w e n t of Fish and Game as a Responsible Agency approved the project
described above on September 16,2010 and has made the following determinations regarding the above described
project pursuant to section 15096 (i).
1.
2.
The project will not have a signilicant effect on the environment.
DFG considered the Mitigated Negative Declaration as previously prepared for this project by the Lead
Agency.
This is to certify that a copy of the Mitigated Negative Declaration prepared for this project is available to the general
public and may be reviewed at: 7329 Silverado Trail, Nap, CA 94558. Please w n m t the lead agency person specified
above.
Scott Wilson
Bay Delta Region

www.dfa.ca.aov - Bay Delta Conservation Plan

Transcription

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