Technical Memorandum No. 16 -...

Technical Memorandum No. 16

June 10, 2013

N:\C\011\00-12-42\WP\011613 np2 TM Permitting

Federal and State environmental impact mitigation requirements will stem from the California

Environment Quality Act (CEQA) and Corps of Engineers compliance processes. Because project

construction is proposed to be funded with a loan from the State Water Resources Control Board

(SWRCB) State Revolving Fund (SRF) Loan program environmental compliance is subject to

compliance with federal environmental regulations. These “CEQA-Plus” or “NEPA-Like”

requirements expand the typical content requirements of CEQA to include federal environmental

regulations, including the preparation of studies to satisfy federal environmental regulatory

requirements. As part of CEQA, and defined in Public Resources Code Section 21081.6, the City

must “adopt a reporting or monitoring program for the changes made to the project or conditions

of project approval, adopted in order to mitigate or avoid significant effects on the environment.”

Mitigation requirements will need to be defined during the planning and pre-design phases of the

project and included in the request for proposal as requirements for the design-build contractor.

The mitigation requirements often include important federal, state and local requirements, many

of which are discussed below.

Federal permitting requirements include compliance with the requirements of the Endangered

Species Act (ESA), the National Historic Preservation Act (NHPA), and the U.S. Army Corps of

Engineers Section 404 Permit program for impacts to jurisdictional waters.

Some examples of activities subject to State permitting requirements are: construction storm

water discharges, construction dewatering, treatment basin abandonment, levee protection, air

quality and safety.

County level permitting requirements involve: encroachment permits, traffic control and roadway

repair agreements, health department approval for new wells and well abandonment, and flood

plain development permits.

City level permitting requirements involve: Fire Marshal review, business licenses, and building

department approvals and inspection.

Utility permitting for this project pertains to the planning process with the electric utility Pacific

Gas and Electric (PG&E) to ensure there is adequate power available at completion of

construction for operation of the new facilities. With a project of this magnitude, extensive

modifications to PG&E’s power distribution system may be required. If new power transmission

line routes were required, they would need to be permitted through the CEQA process.

PERMIT REQUIREMENTS AND PROCUREMENT BY PROJECT PHASE

Organizing permitting requirements by project activity and/or delivery phase helps to identify the

timing, budgeting and staff resources needed for procurement activities. Permits are grouped by

project delivery activity/phase as follows:

Environmental Permit Activity

— Permitting activities and responsibilities required in the CEQA and CEQA Plus

process

— Mitigation land and/or mitigation credit purchases


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Funding Activities

— Environmental, permitting requirements and project requirements stipulated by

funding sources

RFP Development and Design-Build Phases

— Other state and local requirements known to the City and its consultants

— PG&E Coordination

The design-build process adds to the complexity of the permitting process because the design will

be at the preliminary stage at the time of selection of the design-build contractor. Many

permitting agencies require final design drawings before issuing permits. Examples are Yolo

County encroachment permits, building departments, and air quality permits. The result is that

some permit procurement activities will be started during the pre-design/RFP phase by the City

and then completed during construction by the design-build contractor. The sharing of these

responsibilities between the City and design-build contractor will need to be carefully defined in

the RFP.

The permit procurement process will fall into one of three categories:

Permits to be procured by the City during the planning and pre-design/RFP phase

(mostly environmental and CEQA related),

Permits to be started by the City during the pre-design period and defined in the RFP

for final procurement by the design-build contractor; and

Permits to be defined and listed in the RFP for procurement by the design-build

contractor.

Each permit’s procurement process category is identified in the Permitting Table.

REQUIRED PERMITS, AGREEMENTS, APPLICATIONS AND RESPONSIBILITIES

Environmental Permitting Requirements

The environmental review undertaken during the CEQA process will result in imposing both

procedural and substantive requirements on the pre-design and design build phases of the project.

These will be defined as mitigation requirements. An initial review of the project and its

environmental effects was conducted. A mitigated negative declaration is being prepared. Project

mitigation requirements will be developed and responsibility for these will need to be

appropriately assigned to the City or the design-build contractor in the RFP.

CEQA mitigation requirements are typically required in the following categories:

Roadway traffic

Hazardous materials management

Storm water pollution and drainage

Clean Water Act Section 401 Certificate


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Drainage plan

Construction site dewatering

Trenching and excavation

Protection of biological resources

— Re-vegetation plan

— Construction timing based on breeding seasons

— Avoidance of rare plants

— Protection of endangered species

— Avoidance of vernal pools and seasonal wetlands

— Construction monitoring

Noise control

Air quality control

General and miscellaneous requirements regarding; corrosive soils, outdoor lighting,

archeological indicators, fire protection, landscaping, embankment protection

CEQA requires full disclosure of all aspects of the project, including impacts and mitigation

measures that are not only regulated by state agencies, but also by federal agencies. The following

federal requirements may apply:

U.S Army Corps of Engineers Section 404 CWA Permit Compliance

Based on database searches and a reconnaissance-level site inspection, potentially jurisdictional

features do occur within the vicinity of the limits of construction activity of a seasonal stream and

Other Waters of the U.S. (Willow Slough Bypass). Although these features have not been verified

by the Corps, they will likely fall under the jurisdictional purview of the Corps. Impacts to these

resources through implementation of the project would be significant, thus a Section 404 permit

would be required from the Corps.

Federal Endangered Species Act (ESA), Section 7

The United States Department of the Interior, Fish and Wildlife Service (USFWS) and the

United States Department of Commerce National Oceanic and Atmospheric Administration,

National Marine Fisheries Service (NMFS) must be consulted for any project that will have the

potential to adversely impact a federal special-status species. The USEPA delegated the State

Water Board to act as the non-federal lead for initiating informal Section 7 ESA consultation

with the USFWS. The State Water Board will coordinate with the USEPA for projects requiring

formal Section 7 ESA consultation with the USFWS and projects that will impact federal

special-status fish species under the NMFS jurisdiction. The USFWS and NMFS must provide

written concurrence prior to a CWSRF financing agreement. USFWS and NMFS comments

may include conservation measures, for which the applicant’s CWSRF financing agreement

will be conditioned to ensure compliance.


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National Historic Preservation Act (NHPA), Section 106

The NHPA focuses on federal compliance. Section 106 requires Federal agencies to take into

account the effects of their undertakings on historic properties. The Section 106 process seeks to

accommodate historic preservation concerns with the needs of Federal undertakings through

consultation among the agency official and other parties with an interest in the effects of the

undertaking on historic properties. The goal of consultation is to identify historic properties

potentially affected by the undertaking, assess its effects and seek ways to avoid, minimize or

mitigate any adverse effects on historic properties. The Section 106 compliance efforts and

reports must be prepared by a qualified researcher that meets the Secretary of the Interior’s

Professional Qualifications Standards.

In addition, CEQA requires that impacts to cultural and historic resources be analyzed. The

“CEQA and Archeological Resources” section from the Governor’s Office of Planning and

Research CEQA Technical Advice Series states that the lead agency obtains a current records

search from the appropriate California Historical Resources Information System Center. Also, to

contact the Native American tribes that are culturally affiliated with a project area from the list

obtained from the Native American Heritage Commission (NAHC).

Clean Air Act

For CWSRF financed projects, the City’s environmental consultant recommends including a

general conformity section in the CEQA documents so that another public review process will not

be needed, should a conformity determination be required. The City should check with its local

air quality management district and review the Air Resources Board California air emissions map

for information on the State Implementation Plan. For information on the analysis steps involved

in evaluating conformity, contact the State Water Board environmental staff through the assigned

Project Manager.

Floodplain Management – Executive Order 11988

Each agency shall take action to reduce the risk of flood loss, to minimize the impact of floods on

human safety, health and welfare, and to restore and preserve the natural and beneficial values

served by floodplains in carrying out its responsibilities. Before taking an action, each agency

shall determine whether the proposed action will occur in a designated floodplain. The generally

established standard for risk is the flooding level that is expected to occur every 100 years. If an

agency determines or proposes to, conduct, support, or allow an action to be located in a

floodplain, the agency shall consider alternatives to avoid adverse effects and incompatible

development in the floodplains.

Migratory Bird Treaty Act (MBTA)

The MBTA restricts the killing, taking, collecting and selling or purchasing of native bird species

or their parts, nests, or eggs. The MBTA, along with subsequent amendments to this act, provides

legal protection for almost all breeding bird species occurring in the United States and must be

addressed under CEQA. In the CEQA document, each agency must make a finding that a project

will comply with the MBTA.

http://www.fema.gov/plan/ehp/ehplaws/eo11988.shtm


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Protection of Wetlands – Executive Order 11990:

Projects, regardless of funding, must get approval for any temporary or permanent disturbance

to federal and state waters, wetlands, and vernal pools. The permitting process through the

United States Army Corps of Engineers (USACE) can be lengthy, and may ultimately require

project alterations to avoid wetlands and waters of the United States. Applicants must consult

with the USACE early in the planning process if any portion of the project site contains

wetlands, or other federal waters. The California State Water Boards are involved in providing

approvals through the Clean Water Act Section 401 Water Quality Certification Program and/or

Waste Discharge Requirements.

Safe Drinking Water Act, Source Water Protection:

Projects must comply with the Safe Drinking Water Act and document whether or not a project

has the potential to contaminate a sole source aquifer. For projects impacting a listed sole source

aquifer, the applicant must identify an alternative project location, or develop adequate mitigating

measures in consultation with the USEPA.

Environmental Justice – Executive Order No. 12898:

The project owner must identify and address any disproportionately high and adverse human

health or environmental effects of the project’s activities on minority and low-income

populations. USEPA has defined environmental justice as “the fair treatment and meaningful

involvement of all people regardless of race, color, national origin, or income with respect to the

development, implementation, and enforcement of environmental laws, regulations, and policies.”

Funding Application Requirements

Funding programs such as the Clean Water State Revolving Fund (CWSRF) will require CEQA

compliance and specific construction contract requirements. If alternative funding programs are

pursued, additional requirements need to be identified as soon as possible and included in the

permitting procurement process.

Regarding environmental compliance, the State Water Resources Control Board (State Water

Board) uses the California Environmental Quality Act (CEQA) review process and compliance

with federal environmental laws and regulations to satisfy the environmental requirements of the

Clean Water State Revolving Fund (SRF) Program Operating Agreement between the United

States Environmental Protection Agency (USEPA) and the State Water Board. The SRF Program

is partially funded by a capitalization grant from the USEPA. The issuance of funds from the SRF

Program is equivalent to a federal action, and thus, compliance with federal environmental laws

and regulations is required for projects being funded under the SRF Program.

All SRF Program applicants must submit adequate and complete environmental documentation to

the State Water Board. Following submittal of an applicant’s environmental documents, the State

Water Board will review the documents to determine if the information is sufficient to document

compliance with the SRF Program environmental requirements, including making a


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determination if consultation with federal authorities is required, and may request additional

environmental information, when needed.

Regarding construction contract requirements, the following items (details are available from the

CWSRF website) should be incorporated into the RFP:

Elimination of segregated facilities

Identification of contractor’s license classification

Competitive bidding requirement

Listing of sub-contractors / Disadvantaged Business Enterprise DBE good faith effort

“Acts of god’ insurance

Project progress payments

Securities in lieu of retention

Employment permits

Trench excavation plan

Separate bid item for sheeting

Construction Contract Checklist

CWSRF project sign requirements

Pre-design and Design-build Requirements

These are permits and agreements that affect the design basis and design-build process of the

Project. The City’s environmental consultant should determine which of the following are

required to be addressed:

U.S. Army Corps of Engineers Section 404 CWA Permit Compliance

Section 7 Endangered Species Act Consultation

Section 106 Consultation

CDFG Section 2080.1 Consistency Determination

Section 401 CWA Permit

FEMA CLOMAR Application for the Facility Site

If the City intends to forego purchase National Flood Insurance through FEMA, it will need to

submit a Letter of Map Revision (LOMR) to Department of Homeland Security (DHS) – Federal

Emergency Management Agency (FEMA) demonstrating that the site is outside the 100-year

flood plain.


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The process to obtain a Letter of Map Revision (LOMR) from FEMA can take many months and

the submission of a Conditional Letter of Map Revision (CLOMR) begins this process and

increases the likelihood of a timely FEMA approval and issuance of a LOMR. The CLOMR will

provide FEMA’s comment on the proposed project that would, upon construction, result in the

modification of the existing Special Flood Hazard Area (SFHA). The CLOMR will not remove

the site from the SFHA or change the FEMA National Flood Insurance Program (NFIP) Map. A

LOMR application will have to be submitted to DHS-FEMA once the site has been protected in

order to official remove the treatment facility site from the SFHA and revise the NFIP Map.

The City will need documentation from the design-build contractor to assist with the following

tasks for the CLOMR:

1. Prepare a Technical Memorandum describing the proposed site work, analysis

methods, and results.

2. Complete application forms.

3. Develop and conduct hydraulic modeling to determine the revised SFHA based on the

proposed site work.

4. Prepare a preliminary site plan indicating proposed site elevations and the extents of

site work.

5. Prepare a certified topographic map.

6. Prepare annotated DHS-FEMA Flood Insurance Rate Map (FIRM) to reflect changes

due to site work.

7. Prepare documentation that demonstrates compliance with the Endangered

Species Act.

8. Submit copies of FEMA CLOMR application to the City of Davis Building

Department.

FEMA LOMR Application for the Facility Site

The City will likely obtain a LOMR from DHS-FEMA. The LOMR is FEMA’s modification of the

effective FIRM and is the final step to officially remove the facility site from the FEMA SFHA.

To facilitate this process, the design-build contractor will need to provide the following

information nine months prior to the completion of construction of the facility:

1. Certified topographic map indicating building pad elevations and building finish floor

elevations. Map must be certified by a registered civil engineer or land surveyor.

2. As-built plans for the building pads (grading plan) and site plan.

The City will need documentation from the design-build contractor to assist with completing the

following tasks within two months of receiving Items 1 and 2 above:


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1. Prepare Technical Memorandum describing changes to the work since submittal of the

CLOMR application, changes to the hydraulic model (if necessary), and a comparison

of the results from the CLOMR application and LOMR applications.

2. Complete application forms.

3. Update hydraulic models, as necessary, to reflect the as-built plans.

4. Prepare annotated DHS-FEMA FIRM to reflect final floodplain map revisions.

5. Prepare GIS based database indicating the proposed revised floodplain.

6. Submit copies of application and associates documents to the City of Davis Building

Department.

Encroachment Permits and Easements

Encroachment permits will be required from the following jurisdictions:

Central Valley Flood Protection Board: Permanent and temporary construction

easement(s) for the effluent pipeline alignment and/or modifications to the levee

crossings, roadway improvements, and flood berm/wall tie-in points.

Yolo County: facility access roads – encroachment permit and permanent and

temporary construction easement(s) on County road right-of-way (if any).

Coordination with the RWQCB for Waste Discharge Permit

Not covered in this TM

Construction General Permit for Stormwater

The 1972 amendments to the Federal Water Pollution Control Act established the National

Pollutant Discharge Elimination System (NPDES) permit program to control discharges of

pollutants from point sources. The 1987 amendments to the Clean Water Act (CWA) created a

new section of the CWA devoted to stormwater permitting (Section 402(p)). The EPA has

delegated permitting authority to the State Water Resources Control Board (SWRCB). The

SWRCB issues both general and individual permits. Construction activities are regulated under

the NPDES General Permit for Stormwater Discharges Associated with Construction Activity

(General Permit), Order No. 2009-DWQ and NPDES No. CAS000002, Effective July 1, 2010.

This General Permit supersedes Order No. 99-08-DWQ except for enforcement purposes.

Dischargers whose projects disturb one or more acres of soil or whose projects disturb less than

one acre but are part of a larger common plan of development that, in total, disturbs one or more

acres, are required to obtain coverage under the General Permit, Construction General Permit

Order 2009-0009-DWQ. The project will require coverage

Coverage under the General Permit requires the submission of Permit Registration Documents

(PRDs) prepared by a Qualified SWPPP Developer (QSD).

http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml

http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml


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PRDs include the following:

Notice of Intent (NOI)

Risk Assessment

Site Map

SWPPP

Annual Fee

Signed Certification Statement

Submission of PRDs, Annual Reports and other compliance documents must be made using the

State’s on-line application system – Stormwater Multi-Application and Reporting Tracking

System (SMARTS). Implementation of the requirements of the permit and the SWPPP during

construction must be done by a Qualified SWPPP Practitioner (QSP).

While the City will be the Legally Responsible Person (LRP) for the Permit to the RWQCB for

causing the preparation of and compliance with the various PRDs called for in the permit, the City

will require the design-build contractor to provide the detailed planning and compliance activities

required insofar as they would potentially affect methods and means of performing the work.

The design-build contractor should be responsible for the following items and fees:

1. Prepare all PRDs, in accordance with Permit requirements, for review and approval by

the City prior to submission.

2. Pay all Permit fees.

3. Comply with the SWRCB, RWQCB, County, City, and other local agency

requirements regarding stormwater management, inspection, and monitoring.

4. Prepare and submit the SWPPP for City review at least 30 days prior to any soil disturbing

construction in accordance with Permit requirements.

5. Install, construct, implement, monitor, maintain and remove upon completion all of the

BMPs and other pollution prevention measures in accordance with the Permit.

6. Provide the City the names and 24-hour phone numbers for parties responsible for

implementing, monitoring, inspecting and maintaining the SWPPP.

7. The design-build contractor should be bound to the conditions on the NOI and will be

responsible for all costs associated with the implementation of the Plan, including all

fines, damages and job delays incurred due to failure to implement the requirements of

the Permit.

8. The design-build contractor should maintain a copy of the NOI, Plan and Permit at the

Project Site at all times, and shall make the Plan available to City, City Representatives,

and the State Water Quality Control Board during construction activities. The design-

build contractor should allow authorized agents of the Water Quality Control Board,

SWRCB, U.S. Environmental Protection Agency, and local stormwater management


June 10, 2013


personnel upon the presentation of credentials and other documents as may be required by

Laws and Regulations to accomplish the following:

a. Enter, at reasonable times, upon the construction site and facilities pertinent to

the Work.

b. Have access to and copy, at reasonable times, any records that must be kept as

specified in the Permit.

c. Inspect, at reasonable times, the construction site and related erosion and

sediment control measures.

d. Sample or monitor, at reasonable times, for the purpose of ensuring

compliance with the Permit.

9. The design-build contractor should notify the City immediately following a request

from any regulatory agency to enter, inspect, sample, monitor or otherwise access the

project site or its records.

10. The design-build contractor should the proper actions to prevent stormwater coming

into contact with contaminants and sediments from migrating offsite or entering storm

sewer drainage systems. The design-build contractor should take immediate action if

directed by the City, or if the design-build contractor observes contaminants and/or

sediments entering the storm drainage system, to prevent further stormwater from

entering the system.

11. The design-build contractor should update the SWPPP whenever there is a change in

construction or operations which may affect the discharge of pollutants to stormwater.

12. The design-build contractor should be responsible for meeting the requirements of the

General Permit, except as specifically noted herein.

13. Submit all documents and reports to the City prior to uploading to the SMARTS

website.

14. SWPPP shall be prepared by a Qualified SWPPP Developer (QSD), as defined in

Section VII of the General Permit.

15. The SWPPP and each amendment to the SWPPP must be signed by the QSD.

16. Designate a QSP.

17. Ensure all BMPs are implemented by a QSP.

18. QSP is responsible for non-stormwater and stormwater visual observations, sampling

and analysis.

19. QSP shall meet the certification requirements of Section VII of the General Permit.

20. Prepare the annual compliance report and submit to the City 30 days prior to

September 1 of each year. Annual report shall comply with the requirements of

Section XVI – Annual Reporting Requirements of the General Permit. Submit the

annual report using the SMARTS system.

21. Prepare all documents required for the Notice of Termination (NOT) when

construction is complete.


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22. If a violation of the Permit is due to the design-build contractor’s actions, or inactions,

and a fine is assessed, the design-build contractor shall be responsible for the fine.

Regional Board Permit for Construction Dewatering

The design-build contractor should be assigned responsibility for obtaining all governmental

approvals from agencies with control over all dewatering matters and for complying with all

regulatory requirements applicable to construction dewatering.

Construction dewatering for the Project is regulated by the Central Valley Regional Water

Quality Control Board (Regional Board).

The cost of the design-build contractor’s dewatering program will depend on the nature of the

discharge, and the discharge requirements imposed by the Regional Board. The City should

review the following Regional Board regulatory documents, which could potentially be used to

regulate the discharge:

1. Coalition Group Conditional Waiver of Waste Discharge Requirements for Discharges

from Irrigated Lands (Order Nos. R5-2006-0053 and MRP R5-2008-0005). This

option currently enables agricultural use of the water.

2. The Regional Board Statewide General Waste Discharge Requirements for

Discharges to Land with a Low Threat to Water Quality (SWRCB Water Quality

Order No. 2003 – 0003 - DWQ), if appropriate, for any dewatering activity,

including removal and discharge of groundwater, accumulated rainwater and

removal of water from cofferdams or diversions.

3. The Regional Board Dewatering and other Low Threat Discharges to Surface Waters

General Permit (Order No. R5-2008-0081, NPDES No. CAG995001), if appropriate,

for any dewatering activity, including removal and discharge of groundwater,

accumulated rainwater and removal of water from cofferdams or diversions.

4. The Regional Board Waste Discharge Requirements for Limited Threat Discharges of

Treated/Untreated Groundwater from Cleanup Sites, Wastewater from

Superchlorination Projects, and Other Limited Threat Wastewaters to Surface Water

(Order No. R5-2008-0082, NPDES No. CAG995002), if appropriate, for any

dewatering activity, including removal and discharge of groundwater, accumulated

rainwater and removal of water from cofferdams or diversions.

Agricultural use of dewatering water, if available, would most likely be the most economical

discharge method, provided all regulatory requirements are met. The basic regulatory concept that

applies to groundwater generated during construction dewatering is that if the water is not

disposed, but is instead beneficially used for agricultural production, then a waste discharge

requirements order, such as listed above, will not be required. The rate of water usage must be the

same rate that would have been used for agricultural production in the absence of the discharge.

In other words, the usage of the groundwater generated by construction dewatering must be at

agronomic rates. During the non-growing season, the groundwater generated by construction

dewatering can be used for rice decomposition, but at the same rate that water production would

have been used in the absence of the dewatering project.


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Under these circumstances, which do not involve disposal of the water, the Regional Board will

regulate the discharge under the irrigated lands program. Currently the applicable standard is the

Coalition Group Conditional Waiver of Waste Discharge Requirements for Discharges from

Irrigated Lands (Order Nos. R5-2006-0053 and MRP R5-2008-0005). Current monitoring is

under the auspices of the Yolo County Farm Bureau (the Farm Bureau) Subwatershed Program.

Regarding dewatering operations, the design-build contractor should be held responsible for sand

infiltration, migration of fines and consequent land settlement issues and liabilities.

Authority to Construct/Permit to Operate – Yolo Solano Air Quality Management District

The design-build contractor should be required to comply with all air pollution control rules,

regulations, ordinances and statutes which apply to any work performed on the Project, including

any air pollution control rules, regulations, ordinances and statutes, specified in California

Government Code Section 11017.

Yolo Solano Air Quality Management District (District) will have specific restrictions and

requirements related to construction activities at worksites. The design-build contractor should be

required to assume full responsibility for conforming to the District’s restrictions and

requirements, including all permit fees.

The District requires several governmental approvals prior to the initiation of construction

activities, including:

1. Authority to Construct.

2. Permit to Operate.

3. Standby Emergency Engine Permit as required.

In the event the regulatory agency levies any fine or charge against the City as a result of the

design-build contractor’s failure to comply with this regulation, the design-build contractor

should reimburse the City upon demand the full amount of said fine. The City should have the

right to deduct funds from monies due the design-build contractor should the design-build

contractor fail to reimburse the City as stated herein.

Cal OSHA Safety Permits

The design-build contractor should apply for, obtain, and pay for all safety related governmental

approvals required by the Department of Industrial Relations, Cal OSHA and the California Code

of Regulations, Title 8. These governmental approvals include, but are not limited to, the

following areas: excavations, tunneling and underground classification, trenches, construction

(building structure, scaffolding, or falsework) and demolition.


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Central Valley Flood Protection Board / RD1600 – Levee Crossing and Construction

The Central Valley Flood Protection Board (CVFPB) is responsible for levee protection. The City

will apply for, obtain, and pay for all permits required by the CVFPB for work performed at

levees in CVFPB’s jurisdiction. Any permit modifications triggered by levee modifications that

deviate from the approved permit(s) will be the responsibility of the Contractor.

As listed below, coordination with and approval of the local jurisdiction that has responsibility to

maintain the levee (Reclamation District 2035) is required.

A CVFPB permit is required for any project or plan of work that:

1. Is within federal flood control project levees and within a CVFPB easement, or

2. May have an effect on the flood control functions of project levees, or

3. Is within a CVFPB designated floodway, or

4. Is within regulated Central Valley streams listed in Table 8.1 in Title 23 of the

California Code of Regulations.

Typical Permit components include but are not limited to the following:

1. Encroachment Permit Application – DWR Form 3615.

2. Environmental Assessment Questionnaire – DWR Form 3615a.

3. Endorsement from the jurisdiction (RD 2035) that has responsibility for levee

maintenance.

4. Exhibits/Drawings depicting the work. Shall be produced in 8-1/2- by 11-inch format.

Drawings shall including the following:

a. Location map.

b. Plan and elevations views.

c. Levee cross sections indicating the elevation of crown, toes, low-water surface,

and design floodplain.

5. Necessary documents to show CEQA compliance (i.e., Categorical Exemption,

Negative Declaration, or EIR).

6. At the time of this writing, construction within the Yolo Bypass is not anticipated for

this project. However, should this change, note that construction is not allowed in the

Yolo Bypass nor in the Willow Slough Bypass from November 1st to April 15

th each

year or when there is flooding, per Title 23 of the California Code of Regulations.

The design-build contractor must notify the Department of Water Resources ten (10) days before

construction begins by mailing the start card provided by the CVFPB when the permit is issued.


June 10, 2013


Yolo County Requirements

The City should meet with Yolo County representatives regarding the Project. Typical Yolo

County requirements are listed below:

1. Coordination with County will be through Mr. Panos Kokkas, 292 West Beamer

Street, Woodland, CA. [email protected], (530) 666-8775.

2. Use County Standards and Standard Details for reconstruction of County roads in the

County jurisdiction (none anticipated).

3. Pipeline cross-sections in County jurisdictions to be reviewed by the County (none

anticipated).

4. Coordination with the Farm Bureau required regarding construction traffic plans. The

Farm Bureau is particularly concerned with traffic conditions during harvest and

access during emergencies such as “flood fights.”

5. The design-build contractor should submit pipeline plans for construction located in

County jurisdictions for County review at the 30, 60, 100-percent design level (none

anticipated).

6. The design-build contractor shall submit plans for construction located in County

jurisdictions for County review at the 90-percent design level, including traffic

handling plans.

7. Applicable County governmental approvals and other information that may be

required:

a. Encroachment Permits or related agreement work in County roads.

b. Flood Hazard Development Permit

c. Yolo County Well Permits in County jurisdiction for any new wells (such as

dewatering wells) related to the work.

d. SWPPP for construction in County jurisdiction.

e. All applicable Project-related County fees should be paid by the design-build

contractor.

f. Inspections in County jurisdiction: the County will only inspect items related to

traffic and road restoration and inspectors will be present whenever roads are

being paved.

g. Testing in County jurisdiction: the County will not perform testing, but will

require copies of all compaction and other tests.

h. Road closure schedules.

Local Fire Marshal Jurisdiction Approval

The design-build contractor should obtain review and approval from the City of Davis Fire

Department for work associated with the construction of the project. Approvals anticipated are

as follows:

1. Storage of hazardous materials and for fire code compliance for work associated with

the construction and operation of facilities.

mailto:[email protected]


June 10, 2013


2. Approval of construction traffic plans.

3. Approval of the Emergency Response Plan for the Project.

Building Department Permits / Planning Commission

The design-build contractor should be responsible for obtaining Encroachment Permit(s) and

paying associated fees, as required for construction within City of Davis streets.

The Facility is within the City of Davis city limits and may be subject to Planning Commission

review and comment. The design-build contractor should be responsible for preparing

architectural renderings from three viewpoints and preparing presentation materials at three

commission meetings.

The design-build contractor should be responsible for preparing Building Department Plan Check

Review Documents and responses to Plan Check Review Comments until plans are approved.

The design-build contractor should be responsible for paying all related costs to obtain Building

Permits for occupied buildings and structures in the Project, such as administration buildings,

maintenance buildings, canopies and electrical buildings.

The design-build contractor should be responsible for obtaining any permits required for the

disposal of materials and equipment not reused or salvaged

Pacific Gas and Electric Company Power (PG&E)

The City has initiated coordination with PG&E toward purchasing power to operate the Project

facilities because of the Project’s size and the possibility of a long lead time to arrange for power.

PG&E is studying the possible electrical power distribution system modifications that may be

required. Applications for power during the construction process shall be the responsibility of the

design-build contractor.

Permitting Table

City to Procure

City and D-B Contractor to

Procure

D-B Contractor to

Procure

CEQA Plus Compliance CEQA requires full disclosure of all aspects of the project, includingimpacts and mitigation measures that are not only regulated by stateagencies, but also by federal agencies. Early consultation with stateand federal agencies in the CEQA process will assist in minimizingchanges to the project when funding is being requested from theState Water Board.

X

Mitigation Requirements The environmental review undertaken during the CEQA Plus process will result in imposing both procedural and substantive requirements on the pre-design and design build phases of the project. These will be defined as mitigation requirements.

X

Mitigation - Wetland or Species Land Offset Purchases

XCity to procure prior to start of construction, if needed

Clean Water Act Section 404 Individual Permit, US Army Corps of Engineers X

Federal Endagerd Species Act: Section 7 Consultation/ Biological Assessment/Biological Opinion

The United States Department of the Interior, Fish and Wildlife Service (USFWS) and the United States Department of Commerce National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NMFS) must be consulted for any project that will have the potential to adversely impact a federal special-status species. The USEPA delegated the State Water Board to act as the non-federal lead for initiating informal Section 7 ESA consultation with the USFWS.

X

CDFG Section 2080.1 CESA Consistency Determination

California Department of Fish and Game

Environmental Monitoring During Construction

X

City should be responsible for environmental surveys. D-B contractor responsibility to comply with MMRPs needs to be defined in the RFP

National Historic Preservation Act Section 106 Compliance

The NHPA focuses on federal compliance. Section 106 requires Federal agencies to take into account the effects of their undertakings on historic properties.

X

Clean Air Act For CWSRF financed projects, recommend including a general conformity section in the CEQA documents so that another public review process will not be needed, should a conformity determination be required.

X

Floodplain Management - Executive Order 11988

Each agency shall take action to reduce the risk of flood loss, to minimize the impact of floods on human safety, health and welfare, and to restore and preserve the natural and beneficial values served by floodplains in carrying out its responsibilities. Before taking an action, each agency shall determine whether the proposed action will occur in a designated floodplain. The generally established standard for risk is the flooding level that is expected to occur every 100 years.

X

Migratory Bird Treaty Act (MBTA) The MBTA restricts the killing, taking, collecting and selling or purchasing of native bird species or their parts, nests, or eggs. The MBTA, along with subsequent amendments to this act, provides legal protection for almost all breeding bird species occurring in the United States and must be addressed under CEQA.

X

Protection of Wetlands Projects, regardless of funding, must get approval for any temporary or permanent disturbance to federal and state waters, wetlands, and vernal pools. The permitting process through the United States Army Corps of Engineers (USACE) can be lengthy, and may ultimately require project alterations to avoid wetlands and waters of the United States.

X

Safe Drinking Water Act, Source Water Protection

Projects must comply with the Safe Drinking Water Act and document whether or not a project has the potential to contaminate a sole source aquifer.

X

FundingSRF X Environmental Compliance Funding programs such as the Clean Water State Revolving Fund

(CWSRF) will impose conditions of approval on the Project. Ifalternative funding programs are pursued, additional requirementsneed to be identified as soon as possible and included in thepermitting procurement process.

X

RFP Requirements Construction Contract Requirements and funding agency Boilerplate requirements will need to be incorporated into the RFP. X

SWRCB/ CV RWQCB Construction General Permit for Stormwater

The City will be the Legally Responsible Person (LRP) causing the preparation and compliance of the permit.D-B: responsible for preparation and fees.

X

SWRCB/ CV RWQCB Dewatering and Low Threat Discharges to Surface Water. Section 401 and Section 402.

The City will be the LRP causing the preparation and compliance of the permit.The D-B: responsible for preparation and fees.

X

Yolo Solano Air Quality Management District Authority to Construct/ Permit to Operate

The D-B is responsible for complying with all air pollution control rules, regulations, ordinances and statutes during construction and operation of facilities, including permit fees and fines.

X

Cal OSHA Construction Safety Permits The D-B is responsible for complying with all safety related Governmental Approvals required by the Department of Industrial Relations, Cal OSHA and the CA Code of Regulations, Title 8. X

Central Valley Flood and Protection Board Encroachment Permit

The City will apply for, obtain, and pay for all permits required by the CVFPB.

XCity to define pre-design and begin coordination with CVFPB.

FEMA Conditional Letter of map Revision(CLOMR) and Letter of Map Revision (LOMR)

If required, the City will be responsible for the CLOMR and LOMR.X

Documentation required from Contractor

City of Davis Building Department Permit and Construction Inspection

The city will pay Building Department inspection fees.The D-B will be responsible for Building Department Plan Check review and fees.

X

City Fire Marshal Review Included in Building Department Plan Check XYolo County Farm Bureau Coordination D-B is responsible to coordinate with local farmers and reclamation

districts. X

Yolo County Health Department Environmental Health Services Monitoring Well, Soil Boring and Destruction Fees and Permits

D-B applies for the permit and pays fees. City to identify monitoring well

locationsX

Yolo County Natural Heritage Program details pending XCA Dept. of Industrial Relations Tunneling, Underground Classification

If required, the D-B contractor will apply for the classification and pay fees.

X

Yolo County Encroachment Agreement/Inspection Coordination

The City will pay for inspection for pipelines in County jurisdiction (none anticipated). X

Yolo County Encroachment and Traffic Control Permits

D-B will pay for encroachment Permits and be required to rehabilitae roadways damaged by the contractor. Yolo County Requirements to be defined in the RFP regarding the access road.

X

PG&E Application / Power Supply Design / Coordination

The City will submit an initial power application to PG&E. The power application should be updated as the treatment scheme is finalized and power loads are re-calculated.

X

Procurment Process

Environmental

RFP Development and Design-Build

Permits and Agreements Permit/Agreement Details Comments

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