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. State Water Resources Control Board
State Water Resources Control Board Executive Office Tam M. Doduc, Board Chair S. Adams 10011 Street. Secretary for Sacrammto, California 95814. Arnold Schwarzenegger (916) 341-S615 Governor . Mailing AdDress:P.O. Box 100. Sacrammto,California. 9S812.0100 Protection Fax (916) 341-5621 bttp://www.waterboards.ca.aov FROM: Dorothy 911 . Rice, rlJe~utive OFFICE Director 2008 8 APR 1 EXECUTIVE DATE: Box P.O. 95901-0911 ~,J?,'t-- D~ CA 703 Marysville, Street, Joyce Brenner Chief, Environmental Engineering South California Department of Transportation, District 3 TO: B CLEAN ACT SECTION 401 AMENDMENT NUMBER TWO, FOR THE CALIFORNIA DEPARTMENT OF CALTRANS NO. 03-N REHABILITATION 3 SEGMENT PROJECT EVADA-80 -11.2, 5.2 DONNER PROJECT. CERTIFICATION , TRANSPORTATION'S QUALITY PM WATER WATER SUBJECT: ROADWAY Environmental U.S. ARMY CORPS OF ENGINEERS FILING NO. 200100227 Donner Roadway Rehabilitation Project (Donner Project). This Certification 80 Highway Interstate the for (Certification) Certification Quality Water 401 section (CWA) The California Department of Transportation (Department) has requested that the State Water Resources Control Board (State Water Board) amend for the second time its Clean Water Act was originally Lahontan Regional Water Quality Control Boards have reviewed the information and Valley Central the and Board Water State the of Staff Project. Donner the of 3 Segment issued on December 17, 2001. This second, and final, Certification amendment is proposed for regarding The conditions of the original Certification are still valid. except Project. Donner the for Certification original the amending Order this 1 Attachment includes Segment 3 project activities and proposed water quality protection measures submitted by the Department in the letter received March 17, 2008. for those stormwater requirements deleted in the first amendment dated March 26. 2007. Therefore. the original this with 1. the of comply to Attachment in description included also A Failure prevail. are map Department. Order the this of location against conditions project a and actions the conflict. enforcement Project 3 Segment Donner to conditions subject is these Order of conditions as amended. and the additional conditions of this Order apply to Segment 3. If any Pursuant to Title 23. Section 3838 of the California Code of Regulations, I hereby make the Please note Map. Two). Area Project (D) and project. No. 1 for this (Amendment in Attachment Order described Certification 4 parts: Sheet, Requirement, determination Information (B) Signatory 1 includes (A) amendment Project Certification that Attachment (C) Linda If you require further assistance, please contact Cliff Harvey, the staff person most knowledgeable on the subject, at (916) 341-5464 ( [email protected]). You may also contact Bill Orme, Chief, Certification and Wetlands Unit, Division of Water Quality, at (916) 341-5464 ( [email protected]). Attachment cc: (See next page) California Environmental 0 Recycled Protection Paper Agency cc: Dist. 3 Sacramento, CA Drive Center Sun 11020 #200 95670 Quality Water Regional lahontan Harold J. Singer, Executive Officer Control Board, South lake Tahoe Office 2501 lake Tahoe Blvd South lake Tahoe, CA 96150 Quality Water Regional lahontan Bud Amorfini Control Board, South lake Tahoe Office 2501 lake Tahoe Blvd South lake Tahoe, CA 96150 Dave Smith U.S. Environmental Protection Agency Region 9 Wetlands Regulatory Office 75 Hawthorne Street San Francisco, CA 94105 California Environmental 0 Protection Recycled Paper Agency Supervisor W-2605 CA 95670-4599 Game and A Fish of Cordova, Suite Road, Department Nimbus California 1701 Rancho Robert Solecki Central Valley Regional Water Quality Control Board, Sacramento Office CA 95814 Gary Hobgood 11020 Sun Center Drive #200 Rancho Cordova, CA 95670 Cordova, 1480 Room 1325 District J Sacramento CA 95901-0911 Pamela Creedon, Executive Officer Central Valley Regional Water Quality Control Board, Sacramento Office Rancho Field 911 Box P.O. Street, B 703 Marysville, Room Regulatory Project Manager Engineers of Transportation of Department U.S. California 95825-1846 Laura Whitney-Tedrick Engineering-South Corps Environmental Army of CA Street, Office Way, Sacramento, P.E. Coordinator Huerta, NPDES Abel Acting Goude, C. 2800 CA 95901-0911 U.S. Fish and Wildlife Service Sacramento Fish and Wildlife Office Cottage 911 Box P.O. Street, B Marysville, Cay (Continuation page) Mike Bartlett, Project Manager California Department of Transportation Dist. 3 703 82008 APR -2- 1 Joyce Brenner Map Area Project D. Part Sheet I,nformation Project C. Part Requirement Signatory B. Part A, Part PROJECT REHABiliTATION ROADWAY THE FOR AMENDMENT CERTIFICATION QUALITY Water Quality Certification Order 3 SEGMENT DONNER WATER ATTACHMENT 1 State Water Resources Control '0 Executive Office Tam M. Dodut,BoardChair Linda S. Adams Secretary Environmental Board Arnold 10011 Street. Sacramento. California 95814. (916) 341-561.5 Mailing Address: P.O. Box 100. Sacramento. California. 9.5812-0100 for Governor . Protection Schwarzenegger Fax (916) 341-.5621 http://www.waterboards.ca.gov ACTION ON REQUEST FOR WATER QUALITY CERTIFICATION AMENDMENT AND WAIVER OF WASTE DISCHARGE REQUIREMENTS FOR DISCHARGE OF DREDGED AND/OR FILL MATERIALS 200100227 No. Project Filing (USACE) Rehabilitation Engineers of Corps 3 Roadway Brenner U.S. Joyce APPLICANT: Segment Army Donner PROJECT: Chief, Environmental Engineering South 911 Box P.O. District 3 95901-0911 Marysville, 911 Box Management District 3 Biologist P.O. Street, B 703 Environmental Melim, Branch APPLICANT'S AGENT: Suzanne M1 CA Street, B Marysville, 703 California Department of Transportation, CA 95901-0911 amend for the second time its Clean Water Act section 401 Water Quality Certification to Board) Water (State Board Control Resources Water State the for 3 - (Department) District This Order responds to your request on behalf of the California Department of Transportation (original valid, still are Certification original the of conditions The 2008. 17, March on received was Certification) for the subject project issued on December 17, 2001. Your complete application except for those stormwater requirements deleted in the first amendment dated March 26, 2007. Therefore,the original conditionsas amended,and the additionalconditionsof this Order Agency Discharge Certification Waste of of Denial for Protection P~r Environmental 0 Waiver Order Requirements Recycled California D Warder for an Amendment of a Technically Conditioned Certification for Order for Standard Certification D 0 Order ACTION applyto Segment3. If any of these conditionsconflict,the conditionsof this Order prevail. -2- In addition to the conditions of the original Certification, the Department must satisfy the following: this amendment, comes of Act Water issuance of Clean date the of the from retraction years or (5) five or expiration the USACE, upon the ever first. A copy of this amendment and supporting documentation (Project Information Sheet and Project Map) must be available at the project site during construction for review by site personnel and agencies. All personnel performing work on the proposed project shall be familiar with the content of this amendment and its posted location on the Control Quality Water Regional and Board Water State the grant site. Department The project 3. which shall 2. by shall issued permit 404 amendment This Section 1. expire CONDITIONS: ADMINISTRATIVE Board staff, or an authorized representative, upon presentation of credentials and other documents as may be required by law, permission to enter the project site at reasonable times, to ensure compliance with the terms and conditions of this amendment and/or to determine the impacts the project may have on the waters of the State. 4. In the event of any violation or threatened violation of the conditions of this amendment, the violation or threatened violation must be subject to any remedies, penalties, processes, or sanctions as provided for under State law. to De right the the to notice reserves Board providing after Water State The suspend, cancel, or modify and reissuethis partment and/or responsible Project Site Supervisor, if the State Water Board determ ines that the project fails to comply with any of the terms or conditions of this amendmen t or conditions of the original Certification, as amended. amendment, 5. 6. The Department shall notify the State Water Board within 24 hours of any prevent to implemented measures and discharge, the contain and stop to used measures noncompliance that may impact the beneficial uses of waters of the State. The notification shall include the volume and type of materia's discharged and recovered, future discharges. GENERAL DISCHARGE CONDITIONS: 1. For this project. the Department shall comply with all applicable National Pollutant Discharge 2. Elimination System permits and Waste Discharge Requirements. For this project, the Department shall not discharge substances in concentrations toxic to human, plant, animal, or aquatic life or that produce detrimental physiological responses. California Environmental 0 Protection Recycled Paper Agency -3- 3. For this project, the Department shall not discharge waste classified as "hazardous" as defined in Title 22 California Code of Regulations section 66261 and California Water Code (CWC) section 13173. 4. No fueling, cleaning, or maintenance of vehicles or equipment shall take place in any areas where an accidental discharge to any waters, streams, or wetlands may occur. 5. Except as expressly allowed in this amendment, the discharge, or creation of the potential for discharge, of any soil materials including fresh concrete, cement, silts, clay, sand, and other organic materials to waters of the State is prohibited. ADDITIONAL REPORTING PRIOR TO START OF CONSTRUCTION: to shall provided SWPPP be This shall (SWPPP) construction. of Plan start the to Prevention prior days Pollution 30 Water least at Storm the Board of Water copy State 2, A The Department shall submit to the State Water Board copies of USACE' section404 permit application and the California Department of Fish and Game's Streambed Alteration Agreement application prior to any discharge to waters of the State. include a Spill Prevention and Containment Plan. Except as expressly allowed in this amendment,the discharge,or creationof the potentialfor discharge,of any soil materialsincludingfresh concrete,cement,silts, clay, sand, and other organic materials to waters of the State is prohibited. 3. The Mitigationand MonitoringProposal,dated January2008 and preparedby the the mitigation requirements. of part as Engineers of Corps Army U.S. the to paid fees lieu in the of record a of Board Departmentfor this project, is incorporatedby referenceinto this certification.Mitigation Measuresas generallydescribedin Parts 3 through 10 of the Project Mitigationand MonitoringProposal(January2008) presentedby the applicantas part of the requestfor the amendment,shall be implementedas planned. Any significantmodificationsto the Mitigationand MonitoringProposalmust be approvedby the State Water Board before implementation.Amendmentis also conditionedupon submissionto the State Water . be shall created plans where areas as-built identify will completion, plans construction These Board. project Water from days State 60 the to than later submitted wetlandshave been installedand providespecificationsof any modificationsmadeto approvedplans. first the from days 60 than April 15th after project construction completion, the Department shall begin submitting annual mitigation monitoring reports to the State Water Board that assess the functional level of the later a. No 1 No REPORTING: prescribed mitigation measures, as established in Parts 4 and 7 of the Mitigation and Monitoring Proposal. California Environmental 0 Recycled Protection Paper Agency -4- the of 4.3 Part in As provided Mitigation and Monitoring Proposal, monitoring reports shall be submitted on an annual basis to the State Water Board for a period of five (5) years. In addition, if mitigation monitoring reports indicate that monitoring success criteria have not been achieved after five years, additional monitoring and annual reporting may be required by the State Water Board to ensure compliance with mitigation requirements. b. c. The reports specifiedin Conditions1.a and 1.b above shall describevegetative cover and compositionof the createdwetlandsusing criteria establishedin Part 4.1 of the Mitigationand MonitoringProposal. The reports shall also describeany rilling, gullying,channelformationor erosion that may have occurredin any area that might contributesedimentto the createdwetlands above ordinaryrates of sedimentation,or that otherwisemight adversely affect the hydrologic function of the created wetlands. hydrologic the affect adversely might that area any in occurred have may d. The reportsspecifiedin Conditions1.a and 1.b above shall describevegetative cover and compositionof the revegetationtreatmentsof other waters using criteria establishedin Part 4.2 of the Mitigationand MonitoringProposal. The reportsshall also describeany rilling, gullying,channelformation,or erosionthat function of these other waters. e. Monitoring reporting requirements shall not be satisfied until the Department has Executive the by writing in accepted been has letter that and Board, and Certification 401 attn.: to submitted be shall information or reports, applications, 2. All Director. Water submitted a notice of mitigation completion and final mitigation report to the State Wetlands Program, State Water Resources Control Board, 1001 I Street, 15th Floor, Sacramento, CA 95814. PERSON: . CONTACT 13268. section BOARD WATER STATE CWC All information requested in this amendment, including monitoring and mitigation reporting, is pursuant to CWC section 13267. Civil liability may be administratively imposed by the State Water Board for failure to furnish requested information pursuant to 3. Environmental 0 Protection Paper California Agency at Floor, mail by 15th St., I or 95814. 1001 Board, Control CHarvev~waterboards.ca.aov, at Resources e-mail Water via State or Program, 322-2514, at (916) Wetland CA Recycled Sacramento, & Harvey Certification Cliff If you have any questions, please contact State Water Board Environmental Scientist -5- WATER QUALITY CERTIFICATION: The Water Quality Certification section of the original Certification is still valid, except for those stromwater requirements deleted in the first amendment dated March 26, 2007. I hereby issue an amendment to the California Department of Transportation's Donner Roadway Rehabilitation Projectto reflect design changesmade to the Phase3 portionof this project. California Environmental 0 Recycled Protection Paper Agency Quality Water Sheet Map Area Information Requirement Date 2008 R.'~- Signatory Project Project B: C: D: Part Part Regional Plan. Dorothy Rice Executive Dir ctor Part the of requirements applicable Control 8 o~ Quality 1 Water all with compliance Board's APR Control (b) and Sheet, Except insofar as may be modified by any preceding conditions, all this amendment is contingent on (a) the discharge being limited and all proposed mitigation being completed in strict compliance with the applicant's project description and the attached Project Information Parte: CleanWater Act Section401 Water QualityCertification- SignatoryRequirements Amendment Number Two. Donner Segment 3 Roadway Rehabilitation Project p. 1 of 1 certified and signed be must Board Water State the to submitted information or reports, applications, All SIGNATORY REQUIREMENT as follows: (a) For a corporation,by a responsiblecorporateofficer of at least the level of vicepresident. . (b) For a partnershipor sole proprietorship,by a generalpartneror proprietor, respectively. (c) For a municipality,or a state, Federal,or other public agency, by either a principal executiveofficer or rankingelectedofficial. if: documents A duly authorized representative of a person designated in Items (a) through (c) above may sign (a) The authorization is made in writing by a person described in Items (a) through (c) above. (b) The authorization specifies either an individual or position having responsibility for the overall operation of the regulated activity. (c) The written authorization is submitted to the State Water Board Executive Director. those individuals immediately responsible for obtaining of the inquiry with I believe my on familiar am the information, based and that, and examined attachments all personally and have I that document law of this in penalty certify under submitted information "I Any person signing a document under this section shall make the following certification: that the information is true, accurate, and complete. I am aware that there are signifipant penalties for submitting false information, including the possibility of fine and imprisonment." Applicant's Agent Project 5 of 1 p. Project Rehabilitation SHEET INFORMATION 911 Box P.O. 95901-0911 CA Street, District 3 NA Marysville, B Joyce Brenner, Chief Environmental Engineering South California Department of Transportation, 703 Applicant Roadway 3 Segment Two, Number PROJECT Amendment Donner Part C: CleanWater Act Section401 Water QualityCertificationProjectInformationSheet Donner Segment 3 Roadway Rehabilitation Project Name onarea rest (PM eastbound 9.1). Summit Overcrossing Crossing (PM Donner Park Under UC the Donner Peak of from lake Donner 80 west Castle the the of Route miles from 1.4 to east westbound just to and R5.2) Truckee; of (Department, requesting of (State Board Department Control or Caltrans), Catifornia the Resources from Water State application the an received 20,2008, Board) March On Water Transportation an amendment to is amendment This County. Nevada 80 Hwy. Interstate of sections an existing FederalCleanWater Act, section 401, Water Quality Certificationfor activitiesrelatedto a proposedprojectto rehabilitate A 2001. 26, 17, March issued December was issued phase was second a for certification original The amendment OA633) EA No. Project (Caltrans 3, Phase project, current The 2007. certification segments. requestedto implementthe third and final phase of a projectthat, when originally permitted,was to be a single project. Fundingand scheduling issues causedthe Departmentto break up the project into three Donner UC the lake 80 from Donner the of of west miles 1.4 Route east just to and westbound 5.6) (PM to R5.2) (PM on-ramp area R11.2), PCC a with grade existing at shoulder outside includes: and work lane #2 the Proposed of Treated consist existing will Cement remaining the section existing the to over structural down lane LCB of PCC removed feet new be 0.42 The will and layer. PCC of feet (CTB) shoulder structural section on eastbound Route 80. The existing lane and outside . 9.1). Replace (PM (PM rest Summit Overcrossing Donner Park eastbound UC Peak proposes to rehabilitate six miles of eastbound Route 80 from the Castle Base Project Description Road Rehabilitation. 1.0 Type of Project 5.6) (PM R11.2), (PM west Eastbound Route80 (InterstateHwy.80, or 1-80)in Nevada,Co.,CA ramp Project Location 5 of will section structural structural existing remaining Sections. the p. Project shoulder Rehabilitation outside over Typical PCC of feet attached 1.0 of See consist section. 3 Roadway new Segment The Donner section. Two, structural Number of 80. Route depth a section remaining the over structural to westbound removed on be LCB of feet shoulder will section outside 0.5 and PCC and shoulder structural PCC of lanes outside a feet PCC and with 1.0 of new lanes grade The existing feet.. consist will 1.5 The existing . Replacethe #2 lane,truck climbing lane and outside shoulderat vista and ramps existing the on AC of feet Gutters. and Reconstruct Dikes limits. AC point 0.17 and Remove . replace existing structural section. See attached Typical Sections. . % to Route Y4 westbound and approximately be will eastbound depth the both grinding on PCC. the that smooth with lane #1 estimated the westbound, It inch. 80. Grind is and Reconstruct failed sections of pavement in the #1 lane, both eastbound . Replace metal beam inside AB. the feet of 0.30 and feet westbound AC 0.75 The feet removing 0.45 of placing consist and will section reconstruction structural existing shou.lder AC. . Reconstructthe inside shouldersfor traffic handlingon both eastbound and westboundRoute80. The eastboundinside shoulder reconstructionwill consistof removing0.45 feet of the existing structuralsectionand placing0.45 feet guardrail . Rehabilitate the existing drainage systems including rigid pipe liners for the existingcross culverts. Provide storm water quality treatment measures including 9 basin R9.0, PM 80, Route eastbound 17-0076R), No. (Br. LakeUC systems and other sand collection devices. Donner . . bridge deck overlay with polyester concrete, approach slabs, joint R9.1 PM 80, Route westbound 17-0076l), No. (Sr. UC . lake seals, and hinge restrainers. Donner Amendment 2 Part C: CleanWater Act Section401 Water QualityCertificationProject InformationSheet bridge deck overlaywith polyesterconcrete,approachslabs,joint seals and hinge restrainers. . Lighting safety upgrades to the existing lighting system. p. 3 of 5 Project Rehabilitation Roadway 3 Two, Number Segment Amendment Donner Part C: CleanWater Act Section401 Water QualityCertificationProject InformationSheet the of waters within work involve activities proposed The .Existingoverheadsigns safetyupgrades including U.S., mitigation compensatory and minimization avoidance, of combination A wetlands, and waters of the State. measures practical and feasible All U.S. the of waters and wetlands to measures are proposed to offset potential effects of project construction will be undertaken to avoid or minimize impacts to seasonal wetlands Alteration Streambed NWP 23 1602 of Fish Department Game CWA Engineers of Corps California agreement. - State Water Board 401 certification. Un-named ephemeral and perennial drainages identified throughout the project area flow under 1-80 through cross culverts into Billy Mack Canyon. tributary to Donner Lake and the Truckee River. CA-NV. Truckee (CY) a. Waters of the U.S. Temporary Fill: 0.190 ac b. Waters of the U.S. Permanent Fill: 0.094 ac c. Waters of the U.S. Temporary + Permanent Fill: 0.284 ac. Body Water Volume of d. Waters of the U.S. (Wetlands) Temporary Fill: 0.027 ac e. Waters of the U.S. (Wetlands) Permanent Fill: 0.014 ac f. Waters of the U.S. (Wetlands) Permanent Fill: 0.041 ac Fill TemPOrarv + Permanent State the of g. Waters of the State Temporary Fill: 0.000 ac h. Waters of the State Permanent Fill: 0.000 ac Waters I Excavated Waters (Acres) i. Area Type(s) & 16050102 Not applicable Dredge and Fill Filled USGS HUC Hydrologic Unit(s) - Name Receiving Water(s) - and State Agency Permit{s} Army Federal Agency Permit(s) u.s. and other waters during construction. Mitigations also include preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP). 0.000 ac Project Rehabilitation to conform will and Section in outlined Practices Project with include also accordance Prevention Manual Preparation Pollution (CTSW- in Mitigations and the Department's SWPPP (2003)." a of be will measures Mitiaation Rehabilitation Stormwater Proaram Control and other 2007). March wetlands measures mitigation Management Best Specifications: Manual BMP Sites 1. 3 Road by the Department's Pollution 1. Water -06-171.11-' practical and feasible All These documents: Seament Standard provided and Donner The - implementation and "Construction preparation RT Plan guidance impacts to seasonal in the following 2. Proposal 2008); stated Monitorina (Januart guidelines 7 of the Department's - Compensatory mitigation shall be as described in "Chapter 3 Mitigation Design" in the project Mitiaation and Monitorina Proposal (January 2008) . The Department proposes to compensate for Temporary and Temporary Wetlands including U.S. the of Impacts: Temporary Waters Permanentimpactsat a ratio of 1.5:1,as describedbelow: Impacts are expected to be 0.217 ac., to be mitigated at a ratio of 1.5:1 (i.e, 0.217 x 1.5 =0.325 ac.). On-site treatment of temporarily affected sites shall serve to mitigateeffects at a 1:1 ratio, leavingan obligation of 0.109 ac of compensatory mitigation (0.325 - 0.217 =0.109 ac.). Permanent Impacts: Waters of the U.S. including wetlands permanent impacts are expected to be 0.108 ac., with 0.162 ac of wetland creation proposed as mitigation. creation on-site througPl proposed mitigation compensatory of sum The The sum of Temporary and Permanent off-site mitigation proposed at a minimum of a1.5:1 ratio is 0.271 ac (0.162ac + 0.109 ac = 0.271 ac). is It Engineers. of Corps Army U.S. the to payments in-lieu of form the of new wetlands is 0.271 ac. Additional mitigation is to be provided in of waters for to the for impacts Minor calculations mitigation. impact and the in included enforcement, were reporting, State of the of U.S. waters purposes Allwatersforthisprojectare1reated aswatersof the U.S. understood that after approved monitoring reports are accepted by the State Water Board, any remaining acres of the on-site created wetlands may be used as mitigation for other projects in the vicinity. the Mitigation Roadway 3 Segment construction. to avoid or minimize during waters U.S. the of waters proposed to offset potential effects of project construction to wetlands undertaken Compensatory p. 4 of 5 of avoidance and minimization mitigation measures are combination A NonCompensatory Mitigation Two, Number and Amendment Donner Part C: CleanWater Act Section401 Water QualityCertificationProjectInformationSheet amendment. this Project Rehabilitation Roadway 3 Donner Segment with associated Fees Public Notice not required for amendment. fee Public Notice 5 of 5 Two, Number No Amendment p. Part C: CleanWater Act Section401 Water QualityCertificationProjectInformationSheet Donner 3 Roadway Rehabilitation Project, near Truckee, Sierra Co., Calif. D: Map 1: General Vicinity of Calif. Dept. of Transportation Interstate Highway 80 p. 1 of 1 Part