Acquisition of Resource Agency Permits for Routine Maintenance

Stewardship Departmental Update

Matt Graul, Chief of Stewardship Agencies that Require Permits for Routine Maintenance Federal US Army Corps of Engineers US Fish and Wildlife Service National Marine Fisheries Service State SF Bay Regional Water Quality Control Board CA Department of Fish and Wildlife SF Bay Conservation and Development Commission What is a Routine Maintenance Project?

(Also Called Trails, Creeks, and Ponds or “TCP Project”)

• Project involving work in jurisdictional waters • One of a specific type of routine activities • Meets limits & thresholds for routine maintenance projects What is a Jurisdictional Water Body? What is a Jurisdictional Water Body? What are typical Routine Maintenance Projects? • Clear or remove debris from existing culverts • Replace existing culverts • Upgrade existing culverts • Install headwall and tailwall (existing culverts) • Install energy dissipater • Install or maintain articulated fords • Install or maintain clear span bridge What are typical Routine Maintenance Projects? • Streambank stabilization – Repair and/or replace stream rip-rap – Install log crib wall – Install rock weir – Repair and/or replace levee rip-rap • Spring box maintenance and installation • Dredge silt basins, ponds, and lakes • Maintenance of existing shoreline facilities • Removal of hazardous man-made structures and vessels Permits Required for Routine Maintenance • US Army Corps of Engineers – Regional General Permit (404 Permit) – Must insure compliance with USFWS, NMFS, 106 • US Fish and Wildlife Service • Individual Programmatic Biological Opinion - 15 • National Marine Fisheries Service • Programmatic Biological Opinion between NMFS and Corps • National Historic Preservation Act - 106 Compliance • Assessed at project level for each project Permits Required for Routine Maintenance • SF Bay Regional Water Quality Control Board – Waste Discharge Requirement and Water Quality Certification

• Department of Fish and Game – Section 1600 Streambed Alteration Agreement – Routine Maintenance Agreement

• SF Bay Conservation and Development Commission Coastal Zone Maintenance Agreement Permit History of District Routine Maintenance Permits • District began acquiring permits for maintenance activities in 1997 • 1998 - Regional General Permit from ACOE • 2004 - Maintenance Permit from RWQCB (5 Year) • 2005 - Resource Management Agreement CDFW (5 Year) • 2012 – USFWS Programmatic Biological Opinion for Routine Maintenance Activities in areas that support for CA Red-legged frog, CA tiger salamander, and Whipsnake expired History of District Routine Maintenance Permits • 2013 – Worked with ACOE to develop Programmatic Permit for SF Region • 2014 - Developed Biologic Assessment to Assess impacts of District Maintenance projects • 2015 – Developed draft document for ACOE to initiate consultation with USFWS • 2017 – Prepared 3rd revision to Biological Assessment at direction of USFWS • 2018 – Received FINAL draft Biological Opinion from USFWS U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) Federally listed species within the District include:

Alameda striped racer San Joaquin kit fox Pallid manzanita California red-legged frog Longhorn fairy shrimp Soft bird’s beak California tiger salamander Vernal pool fairy shrimp Delta California least tern Vernal pool tadpole shrimp Longfin smelt Ridgway’s rail Giant garter snake Green sturgeon Western snowy plover Callippe silverspot butterfly Chinook salmon Salt marsh harvest mouse Steelhead salmon Alameda Striped Racer California Red-legged Frog California Tiger Salamander Ridgway’s (California Clapper) Rail Salt Marsh Harvest Mouse Next Steps

• Receive a new 5 Year Regional General Permit from ACOE (expected April/May 2018) • Receive a new 5 Year Permit from SF Bay RWQCB (expected June/July 2018) • June 1st - Submit 2018 maintenance project list to agencies • Plan for construction in Fall 2018 • 2019 Begin Acquisition of Incidental Take Permit or Safe Harbor Agreement from CDFW • 2019 Improve Project Submittal and Review Process U.S. Army Corps of Engineers (USACE)

• Section 404 of the Clean Water Act • Permit required anytime there is dredge or fill of Waters of the U.S. • Jurisdiction extends to impacts below ordinary high water (non-tidal) or high tide line (tidal) and includes wetlands identified with a three- parameter test • Nationwide Permits, Regional General Permit, Individual Permits U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) • Federal Endangered Species Act • Biological Opinion required anytime there is potential for the take of individuals or habitat of federally listed species • Section 7 consultation requires federal nexus • Additional requirements to comply with Migratory Bird Treaty Act and other federal protections for sensitive species California Department of Fish and Wildlife (CDFW) • Section 1600 Fish and Game Code • Lake and Streambed Alteration Agreement required anytime there is any impact to the bed, channel, or bank of any river, stream, or lake • “River, stream, or lake” includes those that are episodic (dry for periods of time) • CEQA compliance required California Department of Fish and Wildlife (CDFW) • Section 2081 Fish and Game Code • Incidental Take Permit required anytime there is potential for take of any species listed as candidate, threatened, or endangered under the California Endangered Species Act • CEQA compliance required • Cannot receive any take authorization for Fully Protected Species California Department of Fish and Wildlife (CDFW) State listed species within the District include:

Alameda striped racer California black rail Giant garter snake California tiger salamander San Joaquin kit fox Chinook salmon Ridgway’s rail Tri-color blackbird Delta smelt California least tern Bald eagle Longfin smelt Salt marsh harvest mouse Swainson’s hawk State fully protected species within the District include: Ridgway’s rail Bald eagle Salt marsh harvest mouse Golden eagle California least tern While-tailed kite California black rail American peregrine falcon Brown pelican Regional Water Quality Control Board (RWQCB)

• Section 401 of the Clean Water Act and Porter-Cologne Water Quality Control Act • Water Quality Certification or Waste Discharge Requirments required anytime there is dredge or fill of Waters of the State • Jurisdiction extends to impacts below top of bank (non-tidal) or high tide line (tidal) and includes surface water, ground water, and wetlands identified with a two or three-parameter test • Typically wider jurisdiction than U.S. Army Corps • Certifications are issued in connection with U.S. Army Corps of Engineers 404 permit Conservation and Development Commission (BCDC) • Established by McAteer-Petris Act • Primary role administration of the San Francisco Bay Plan • Permit required anytime there is fill or extraction of materials from San Francisco Bay or any substantial change in land, water, or structure within their jurisdiction • Jurisdiction includes 100-ft band inland of Bay shoreline and extends to impacts below mean high water (where riprapped) or up to 5 ft above mean sea level (where marsh vegetation is present) • Public access and climate change resiliency are also important considerations for BCDC Permitting for Routine Maintenance Activities vs. Capital Improvement Projects Routine Maintenance Capital Improvement Projects USACE 404 Regional General Permit covering routine Nationwide permit or individual maintenance activities permit when needed USFWS ESA Biological Opinion to be issued in 2017 Biological opinion or technical Coverage covering 15 federally listed species and the assistance letter for each project impacts of routine maintenance activities when needed CDFW 1600 Lake and Streambed Alteration Agreement Individual agreement for each covering routine maintenance activities project when needed CDFW ITP Beginning work on CEQA to obtain a Safe Individual ITP for each project Harbor Agreement to provide coverage for when needed take of state listed species RWQCB 401 Water Certification covering routine Individual 401 of Waste maintenance activities Discharge Requirments for each project when needed

BCDC Permit BCDC Region-wide Permit covering routine Administrative or major permit maintenance activities for individual projects when needed Mitigation, Monitoring, and Reporting

• Mitigation, monitoring, and reporting requirements vary by agency and project • Restoration projects for mitigation • Conservation easements • Additional documents to comply with permit requirements may include: mitigation and monitoring plans, long term habitat management plans, maintenance and monitoring plans • Annual reporting