Los Angeles Regional Water Quality Control Board

Mr. Fred Culbertson lnJian Canyon Land Corporation 827 Hollywood Way #285 Burbank, CA 91505

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED No. 7009 2820 0001 6537 7382

TECHNICALLY CONDITIONED WATER QuALITY CERTIFICATION FOR PROPOSED INDIAN CANYON BRIDGE PROJECT (Corps Project No. 2014-00223-GS), INDIAN CA.l\:l'ON, KAGEL CANYON LOS ANGELES COUNTY (File No. 14-035)

Dear rvtr. Culbertson:

Board staff has reviewed your request on behalf of lndiao Canyon Land Corporation (Applicant) for a Clean Wattrr Act Section 401 Water Quality Cenification for the above-referenced project Your application was deemed compJcte May 21,2015.

] hereby issue an order certifyi11g that any discharge from the referenced project will comply \Vi th the applicable provisions of sections 301 (Eft1uent Limitations). 302 (Water QuaJity Related Ef'tluent Limi tations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of Lhe Clean Water Act., and with other applicable requirements of State Jaw. This discharge is aJso regulated under tate Water Resources Control lloard Order No. 2003 - 0017 - DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges that have received State Water Quality Cert1Jication" which requires compliance ,vjth all conditions of this Water Quality Cenification.

Plt!ase reall this entire llocumcnt carefully . The Applicant shall be liable civilly for any violations of litis Certification in accordance with the California Water Code. This Certification does not eliminate the Applicant' s responsibi lity to comply with any other applicable laws, requirements and/or permits.

Should you have questions concerning rhis Certi fieation action, please contact Dana Cole, Section 401 Program, at (213) 576-5733.

Samuel Unger, P.E. Executive Officer

( 1 , r f !t t 1•1

Fred Culbetison Indian Canyon Land Corporation 827 Hollywood Way #285 Burbank, CA 91505

Bill Orme (via electronic copy)

DISTRIBUTION LIST

State Water Resources Control Board Division of Water Quality P.O. Box 944213 Sacramento, CA 94244-21 30

Jeff Humble (via electronic copy) California Depa1iment of Fish and Wildlife Streambed Alteration Team 3883 Ruffin Rd Suite A San Diego, CA. 92123-4813

Geraldo Salas U.S. Army Corps ofEngineers Regulatory Branch, Los Angeles District 915 Wilshire Blvd., Suite 1101 Los Angeles, CA 90017

Paul Amato (via electronic copy) U.S. Environmental Protection Agency, Region 9 75 Hawthorne Street San Francisco, CA 94105

1. Applicant:

2. Project Name:

3. Project Location:

4. Type ofProject:

5. Project Purpose:

6. Project Description:

ATTACHMENT A

Project Information File No. 14-035

Mr. Fred Culbertson Indian Canyon Land Corporation 827 Hollywood Way #285 Burbank, CA 91505

Phone: (8 18) 406-7745 Fax: (818) 768-1495

lndian Canyon Bridge Project

Kagel Canyon, Los Angeles County

Latitude

34.299578 34.299597 34.299564 34.299544 34.299592

Bridge replacement

Longitude

1 18.393539 118.393586 118.393597 118.393594 118.393472

The proposed project (Project) will install a pre-fabricated heavy duty bridge across a dry arroyo to insure access for fu·efighting equipment.

The bridge crossing is located at Baily Road approximately 0.5 miles northeast of the intersection of Baily and Lopez Canyon Roads. The unnamed tributa1y to Lopez Canyon Creek is ephemeral.

The channel Dows southwesterly across the project area and is dominated by non-native disturbed habitat. The channel is dominated by mulefat series vegetation immediately east of the project area and California sage series vegetation immediately west of the project area.

The project area is approximately 0.02 acres (160 linear feet) of streambed. The channel is a tributary to Lopez Canyon Creek, a tributary to Hansen Lake and the Los Angeles River.

I or6

7. Federal Agency!Pennit:

8. Other Required Regulatory Approvals:

9. California Environmental Quality Act Compliance:

10. Receiving Water:

11 . Designated Beneftcial Uses:

12 Impacted Waters of lhc

ATTACHMENT A

Project Information F ile No. 14-035

The Project includes removal oftl1c ex isting bridge crossing. A new pre-fabricated 60-foot long single lane H-20 heavy-duty equipment bridge will be installed. The existing Baily Road wil l be re-al igned and the new bridge will span the channeJ j ust southeast of the existing blidge location.

The portion of the channel distw·bed by the demol ition of the existing bridge will be re-graded to mimic the existing channel conditions. Bridge abutments for the new bridge will be located outside of the existing channel. Rip rap will be placed along the channel slopes for reinforcement.

T he proposed construction activities to occm within the unnamed tributary to Lopez Canyon Creek, including demolition of the existing bridge, grad ing, lip rap installation, and bridge construction, will result in impacts to a totaJ of approximately 0.009 acres of waters of the United States, including approximately 0.003 acTe of temporary jmpacts related to bridge demolition and grading activities.

U.S. Army Corps ofEngineers on-Notifying NWP No. L4 (Pem1it No. 2014-00223-GS)

California Department of Fish and Wildl ife Streambed A lteration Agreement

The proposed project is Categorically Exempt from CEQA pursuant to the CEQA Guidelines, Section 15001, Existing Facili ties.

Tributary to Lopez Canyon Creek (Hydrologic Unit Code: 180701050105)

MUN*. GWR REC-1 REC-2, WARM. WiLD

*Conditional beneficia] use

Non-wetland waters (streambed): 0.003 temporary acres (83 linenr

2 of6

United tates:

13. Related Projects Implemented/to be Implemented by the Appl i cunt:

14. A voidance/ Minimization Activities:

ATTACHMENT A

Project Information File No. 14-035

feet) and 0.006 permanent acres (35 linear feel)

The Applicant has not identified any related projects carried out in the last 5 years or planned for implementation in the next 5 years.

The Applicant has proposed to implement several best management practices (BMPs) including, but not limited to:

• To minimize the amount of new disturbance. the anticipated impact zones, including staging areas, storage areas, equipment access, and disposal or temporary placement of spoil s, will be restricted to designated areas, specifically existing disturbed areas (access roads and graded areas), to the extent possible. Tbese areas will be clearly nagged or marked prior to construction to avoid natural resources where possible.

• Every effort will be made to eliminate the discharge of non­storrnwater from the project site at all times.

• Eroded sediments and other pollutants wi ll be retained on-site and will not be transported from the site ia sheet flow. swales, area drains, natural drainage courses or wind.

• Stockpiles of earth, construction related materials, and storage containers will be protected from being transported from the site by wind or water.

• Fuels, oils, solvents and other toxic materials will be stored Ln accordance with lheir approved use.

Spills will be cleaned up immediately and disposed of Ln a proper manner.

pills will not be washed imo lhe drainage system.

• Excess or waste concrete will not be washed into the public way or any other drainage system. Provisions wi ll be made to retain concrete wastes on-site until they are disposed of as solid waste .

• Trash and construction related solid wastes wi ll be deposited into

1 oi(i

ATTACHMENT A

Project Information File No. J 4~035

CJ covered receptacle to prevent contamination of rainwater and dispersal by wind.

• Sediments and other materials wi ll not be tracked from the site by vehicle traffic.

• The construction entrance roadways w ill be stabilized so as to inhibit sediments from being deposited into the public way.

• Any slopes w ith disturbed soils or denuded of vegetation wi ll he stabilized so as to inhibit erosion by wind or rain.

• Removal of any trees, shrubs or any other potential nesting habitat will be conducted outside of tJ1e breeding bird season (February 15 to September 15).

• Precautions w ill be taken to avoid damage to vegetation by people or equipment during the breeding season.

• A biological monitor wi ll be on-site during the demolition phase us well as the initial grading activities.

• A biologist will survey t11e entirety oftbe project area for nesting birds . prior to commencil1g project acti vities (including construction and s ite preparation) to jJrevent any potential violation of the federal Migratory Bird Treaty Act (MBTA), the rederal Endangered Species Ad of 1973, as amended (ESA) or Cal ifomia E ndangered Species Act (CESA).

• The biologist shall conduct nesting bird surveys at appropriate time(s) of day during the period of March 15 through September l5 and no more than three days prior to commencement of project activities (including construction and/or site preparation).

• If an active bird nest is located during any of the pre­construction strrveys, the nest site sha ll be fenced a minimum of 200 feet in all directions, and this area shall not be disturbed until September 15 and until the nesl becomes inacti ve, the young have fledged the young are no longer being feel by the parents, the young have Jell the area, or the young will no longer be impacted by the activities.

• The biologist will inform construction personnel regarding i.be location oracti e nest(s) and required avoidance measures.

4 \)f (j

15. Proposed Compensatory Mitigation:

ATTACHMENT A

Project Information File No. 14-035

• If a sensitive species or raptor active bird nest is located during any of U1e pre-construction SlU'veys, the nest site shall be fenced a minimum of 500 feet in all directions, and this area shall not be disturbed during the breeding season (March 15 through September 15) to avoid direct or indirect (noise) take of listed spec1es.

• Cleared or trimmed vegetation and woody debris will be taken to a legal point of djsposal.

• All uru1ecessary lights wi ll he turned off at night to avoid impacts to wildlife.

• If any wildlife is encountered during the course of project activities, wildlife will be allowed to freely leave the area unharmed.

• Wildlife w ill not be disturbed, captured, harassed, or handled. Animal nests, burrows aud dens will not be disturbed wi thout prior survey from a qualified biologist.

• Active nests (nests with chicks or eggs) cannot be removed or disturbed, but nests can be removed or di sturbed if not acti e.

• To avoid impacts to wildlife, all contractors. subcontractors, and employees will comply with all litter and pollution laws and will institute a litter control program during the course of the canst ruction activities.

• Trash and food items will be stored properly and inaccessi ble to scavengers including raccoons [Procyon lotorJ, Virginia opossums [Didelphis virginiana], American crows [Corvus brachyrhynchosj and common ravens [Corvus corax]). Trash removal wi ll reduce the attractiveness of the area to opportunisti c scavengers.

The Applicant proposes to ''[restore 0.006 ucres]. .. ofthe channel disturbed by the demolition of the exisTing bridge would here­graded to mimic the existing channel conditions. Rip rap will he placed along rhe channel slopes for reinfrm.:ement. "

16. Required Compensatory Mitigation:

ATTACHMENT A

Project Information File No. 14-035

The Applicant shall restore 0.021 acres of streambed habitat within the Los Angeles River Watershed. See Attachment B, Conditions of Certifications, Additional Conditions for modifications and add itions to the above proposed compensatory mitigation.

6 of6

TANDARD CONDITIO

A TT CJll\1E T .B

Condition of Certification File No. 14-035

Pursuant to §3860 of Title 23 of the California ode of Regulations (23 CCR). tht! following three standard conditions shall apply to this project:

I . This Certification action is subject to modification or revocation upon administratjvc or judicial revjew, inc luding revicv and amcndm nt pursuant to § 13330 of the Calil'o mia Water Code and Arllcle 6 (commencing witb 23 CCR §3867).

1 This Cenification action is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license ·unless lhe pertinent Certification application was filed pursuant to 23 CCR ub~ection 38~5(b) and Lhe application specifically identified t11at a FERC lil!ense or amendment to a PERC license [or a hydroelectric facility was being sought.

3. Certificatjon is conditioned upon total payment of any fee required pursuam to 23 CCR Chapter 28 and owed by the Applicant.

ADDITIONAL CONDITIONS

Pursuant lo 23 CCR §3859(a), the Applicant shall comply w-ith the following add itional conclitions:

1. The Applicant shall submit to this Regional Board copies of any other final permits and agreements required lor this proj e~t. including, bu1 not limited to, the U.S. Army Corps of Engineers' (ACOE) ection 404 Pennit and the notification for Streambed Alteration Agreement to lhc California Depruimeot of Fish and Wildufe. The c documents shall be submitted prior to any discharge to waters of tbe State.

2. The Applicant. shall adhere to U1e most stringent conditions indicated with either this Certilication, the notification l'or Streambed Alteration Agreement to lhe California Department ofFish and Wildlife, or the ACO.E Section 404 Pem1it.

3. The App licant shall comply with a ll waler quality objectives, prohibitions, and policies set forth in the Water Quality Conrrol Pla11, Los Angeles Region (199./), as arnendeJ.

4. The Avoidance/Minimization ac tivities proposed by the Applicant as described 111

Attachment A, No. 14, are incorporated ns additional condit ions herein.

5. Tilt! App licant cmd all contractors employed by the Applicant shall have copies of this Certification, and all other regulatory approvals for this project on site at all times and shall be fam.iliru· with all conditiatlS set forth.

ATTACHME T H

Conc.Ji tiuns of Certification File Nn. 14-035

6. Fueling. lubrication, maintenance. operaUon, and ~torage of vehic les und equipment shaU not result in n discharge or a thrcmcncd discharge to waters of the S1atc. At no time shall the Applictm1 use any vchlclc or equipment which leaks any substance tht~t may impact \Vater quali ty. tagiug and storage areas for vehicle. and equipment shall be located outside of waters of the State.

7. All excavation, construc1ion. or maintenance actJvtrJe shall follow best managemem practices to minimize impacts to water quaJity and bcnelicial uses. Dust control act ivities shall be conducted in such a mannl!r that wi II not produce downstream nmoff.

8. No construction material, spoils. debris, or any other substances associated wiU1 Lhis project thar may adversely impact water quality standards. shall be located in a manner whicb may result jn a discharge or a lhreatened discharge to waters of the State. Designated spoil and waste l'!rens shall be visually marked prior to any excavation nnd/or coostmction activity, and storage of the materials shall be confined to these areas.

Y. All waste or dredged material removt:d sha ll be relocated lo a legal point of disposal if applicable. A legal point of disposal is defined as one for ""hich Waste Discharge Requiiements have been established by a California Regional Water Quality Control Board, and is in fi.lll compliance therewith.

10. The Applicant shal l implement a ll necessary control measures to prevent !he deb-rradation of \.Vater quality from the proposed project tn order ro mruntain compliance with the Basin Plan. The discharge shall meet aJJ effluent lirujtations and toxic and effluent standards established to comply with Lhe applicable water quality mandards Md other appropriate requirements, including £he provisions of Sections 301. 302, 303, 306, and 307 of tbe Clean Watt~r Act. Thjs Certi1icaLion docs not authorize the discharge by the applicant for any othor activity than specifically described in the 404 Permit

1 I. The dist:llargc shall no t: a) degrade surface wnter communities ami populatious includiug vertt:bruLe invcrtebrnte, and plant spccil's: b) promote the breeding of mosquitoes, gnats, black fl ies, midges= or other pests: c) al ter the co1or, create visual contrast with Lhe natural appearance. nor cause aesthetically undesir'c1b.le discoloration of the receiving waters: d) cause formation of sh1dge deposits; or c) adversely affect any designated bt:!neficial use .

12. The: Applicant shall al)O\ the Regional Board and its authorized representative emry to the pre::mi. e<;. including all mitigation sites. to inspect and undertake any activity tu dtlcnTline compliance with this Certification. or as othen i.e nuthotizcd by tbe Caljfomio Water Code.

l ~- TI1eApplicaJ'1t shall not condLJtt any conslmclion activities wit.hin " ater~ uf the ~tel tc during a rainlnl l e ~nt. The Applicant ·hull maintain a fi c-dny (5-day ) clca1· wcuther fm·cc~ts t before conducling J:.my operntions wi1 b.in waters or the State.

~ u1' 7

ATTACHMENT B

Condition of Certification File o. J 4-035

1~. lf rain is predicted after operations have begun, grading activities must cease immediately and the site must be stabil-ized to prevent impacts to water quality. and minimize erosion and runoff from the site.

15. The gradjng. stabilization and re-vegetation will be phased to limi t the exposed or workiug J~1ce such that the graded area can be srabili7ed within 24 how-s after the first prediclion of min J uri ng the 5-clay forecast or witllin 24 hours after .final gra<.ljng ofthe phased area.

l6. ~o acllviUes shal l in olve wet excavations (i.e .. no excavations shall occur below the seasonal high water table). A minimum 5-fo••t buffer zone sbaU be maintained above the existi ng groundwater level. 1 f constTuction or groW1dwatt!r dewate1ing is proposed or anticipated. the Applicant shall fi le a Report ClfWastc Discharge (ROWD) to this Regional Board and obtain any necessary NPDES pennits/Wastc Discharge ReqlJiremcnts prior to discharging waste.

Sufficient time should be allowed to obtain any such pemli ts (generally 180 days). tr groundwater is encountered without the benefit of appropriate permits, the Applicant shall cease all activities in the areas where groundwater is pcesent. file a Report of Waste Discharge to tbis Regional iloard, and obtain aoy necessary permits prior to discharging waste.

17. All project or construction activities not included in this Certification, and whirh may rt!quire a penni!., must be reported to the Regional Board lor appropriate permitting. Bank stabilization and grading. as wcU as any other ground disturbances. are subject to restoration and revegetation requirements, and may require additional Certification action.

18. AJ I surface waters. including. ponded waters. shall be diverted away from areas undergoing grading, construction, excavation, vegetation removal and/or any other acti\ ·ry which may result in a discharge to the recciviug water. I r surface water cli\lersions are anticipated. the Applicant • ha ll develop and submit a Surface Water Diversion Plan (plan) to tills Regional Board. The plan sbaU include the proposed method and duratioH or diversion activities. structure configuration, construction materials. equipment; erosion and scdimcnL control . and a map or drav. ing indicating t he locations of diversion and dischorgt: points. Contingency measures shall be a part of this plan to address various tlow dist: llargc rates. The plan shall be submi ttr:d prior to any surl'ace \Vater diversions. lf urface flows ure pre. ~nt , then upstream and downstre~m morutoring for the fo llowing shall be imp1emented:

· pH • temperature • t.lissnlved oxygen • turbidity • totaJ suspended solids(J' S)

Analyses must be perlonned using approved lT Em;ronmeutal ProtcGtiun Agency methods, w here appl icable. These constituents shA ll be measured at leaf'L once prior to diversion and then mon itor~d for On a Juj [y basis during the fi rst \Veek. of diversion and/m

3 C11'7

ATTACHMENT B

Cl>nditions of crtifi<:ution File No. 1 ~-035

dewatering acuviti.es. and lh~n CHt a weekly basis. t hereun~r, unti l lhc in-stream work is complete.

Results or the nnalyses shnll he snb01itted to this Regional noard by lhe 15th day of each subsequent sampling momh. A m~p or drawing jndicnting U1e locations of sampling points shall he included with each submillal. Diversion aGtrvitics shal l not result in 1he degrac.latlon of bencl)cial uses or exccedauc~ of water quali ty objecti es of the reueiviHg waters. Downstream TS. shall be maintained at ambient levels. 'Vhere nolural turbidity is between 0 and 50 Nephelometric Turbic.lity ·ruts (NTUJ, increases shall not exceed 20%. \A/ here natural turbidity is r:,rtcater than 50 1'\TtJ. increases shall not exceed 10%. Any such violations may re~ml t in corrective and/or enforcement actions, including increased moujtori.ng ami sample collection.

I 9. The pplicant shall rest< rc 0.003 acres of TEMPORARY IMP ACT io waters or the United States and all other arcus of tempomry disturbance which could result in a discharge or a threatened diRchargc to waters or 1hc State. Restoration shall include !;,'11lcling of disturbed areas to pre-prcuect contours and revegetation with native species. Restored Hreas shall be monitored and llllliotained with native spedcs as necessary for Ii e years.

20. The Applicant sbaU provjde COMPENSATORY MTTrGATIOJ. to ofiset the proposed temporary I<')SS nf 0.003 acres waters or the Unhcd States by creating or restoring riparian habitat at a minimum 1: l area replacement ratio (0.003 acres). TI1e Applicant sh~:~l l also provide compensatory mitigation fo r the proposed permanent impacts to 0.006 acre o.f vegetation within waters of the United States/Federal jurisdictional wetlands by creat ing or restoring riparian habitat/r:ederal jurisdictional \-\'Ctland habitat at a minimum 3:1 area replacement ratio (0.01 8 acres). If the Applicanl propo~es funding to a third-party organization l'or the c.rcation or resLOration of a total or in combination for 0.()21 acres of mitigation for vegetated s~amb!;.'d riparian hahi tnt with in waters or the United States. then funding shnll apply to mit igation ac.rcnge only, exclusi e of administrative cos1s. Tbe mitigat ion site shall be located within the Los Angeles River Watershed un less otherwise approved by this Regional Board. Tbe Applicant shaH submH n Propo ·ed Mitigation Report which shu.lltnclude:

(a) Documentation from the third party indicating that fw1ds have been usec.l for mitigation acreage only, wruch dn not include administrative c..:osl~.

(b) The boundary of the mi tigation site shaJ I be clearly idl!nlified on a map of suitable rcsohrtion aml quality ami sbnll also be tklint~d hy Jmitudc and longitude.

(c) Tbe typc(s) of mitigalion shall be described (e.g., remo nl of c..'wtics and/or replanting wi1h native species. etc.)

{d) Success criteria shall be established.

T his ioform~tiun ·hall be submitted tn this RcgionnJ llonrd fo r :lpprCivaJ prior tu any disturbance within wntcrs of tbc United State and shall include t:opies of .a.ll agreements made between the Applit:a.nt and u rhi rJ party organimtion regarding compensatory mitigation efforts.

-4 o l i

ATTACHME TB

Conditions of Certification F ile No. 14-035

21. The Apphcant shall submit to this Regional Board Annual Monitoring Rrports (Annual Rcpor1s) by January l sL of each year for a minimum period of five (5) years following this issuance of 40 I Certification or until mitigation success and project completion has been achieved and documented. The Annual Reports shall tlescribe in deta1J all of the project and construction activities performed during lbe previous year and all restoration and mhigation efforts; including percent survivul by plant species and percent cover. The Annual Reports shall describe the status of other agrct:ments (e.g .. mitigation banking) or any deluys in the mitigation process. At a minimum the AnnuaJ Reports shall int.:lude the fo iiO\ving documentation:

(a) Color photo documentation of' the pre- and post-project and m.itigation site condi1ions:

(b) Geographical Positioning System (GP ) coordinates in decimal-degrees fonnat outlining Lhe houndary of the project and mitigation areas~

(c) The uveraJ l status of project induding whether or not work has begun on the Project and a detailed schedule;

(d) Copies of all pennils revised as required in Additional Condition 1;

(e) Water 4uali ty monitoring results for each reach (as required) compiled in a spreadsheet fom1at:

( l) A cert i ficd Statement of 'no net loss'' of wetlands associated with this project:

(g) Discussion of any monitoring activities and exotic plant control efforts· and

(h) A certified Statement from the permittee or his/her representative that al l conditions of this Certification be~ve been met.

22. All applications, reports, or information submitted to the Regional Board shall he signed:

(a) for corporations, by a principal executive officer at least of the level of vice president or his duly authorized representative i r such representative is resporurib le ror the overall operation or tl1e facility from which discharge originates.

(h) For a partnership. by a general partner.

(c) For a sole proprietorsh.ip, by the proprietor.

(d) For a munit:ipal, State.. or other public facil ity, by ei1her a principal executive o{Jjcer, ranking elected officiaJ, or oilier duly authorized employee.

5 or?

A TTAf'lfM ENT B

('(lndition of Cct·tificntion File o. 14-035

23. Each and any report submitted in accordance vvilb this Cert ifit:ation shall contain the following completed declaration:

''I declare under penalty of lnw th11t this document and all altachmentli were prepared under my direction or supervision in accon.lance \vi lb a system designed lo assure that qualified personnel properly g:nber and evuluate the information subnutted. Based on my inquiry of the person or persons who managed the system or iliose diredly responsib le f<H· gathering the information, the infmmation submilted is, to the b~i of my knowledge and belief. true, accurate and complete. 1 am aware that there are signjJicunl penaJ ties for submitting fa lse information. including the possibility of fine and imprisonment for knowing violations .

.Executed on tbe _ ___ day of ________ at ____________ _

_ _ _________ (Signatw·c) __________ (Title)'"

24. All communications regarding this project and submi tted to this Region.,'1l Bourd shall identify the Project File Number 14-035 ubmittals shal l be sent to the attenlioo of the 401 Certification UniL

25. Any modifications of the proposed projed may require submittal of a new Clean \Vater Act ection 40 I Water Duality Cerl iucation applkution and appropriate filing fee.

26. Tile project shall comply with all requirements of the National Pollutant Discharge Elimin;H.ion System (NPDES) General Permit for Stann Water Discharges Assm.:iated \Vith Construction Activity, Order No. 2012-0011-DWQ. All stom1water treatment systems shall be l o~atcd outside of any water ur the State ant! sl1a11 nM be used as a wetland or ripnrian mitigation cTedit.

27. C:ovt:rage under lhis Certification may be transferred ro the extent the underlying federal pem1it ma. legal ly be trans[en·ed and furU1er provided that the Appl icant notifies the Executive omcer at least 3U days before the proposed 1J:ansfer date, und Lhe notice indudes a wrinen agreement between the existing and new Applicat1ts containing a specific date of coverage. responsibility for compliance with this Certiiication, and liability between them.

28. ·l he Applicant or their agentS sha ll report any noncompliance. Any Sltch iuformation shall he provi<.led Vt:rbaJiy to the Executive Officer within 24 hours from the ti me che Applicant becomes aware or the circumstances. A written subrrilssion shall also be provided within live days of the time the Applicunt becomes a' are of the circwnstances. The written suhmission shaJI contain a description of the noncompliallce and irs cause: the period of noncompliance. induding exact dates and times. and if the nom:umpliunce hru! n<,t hcen con·ectecf: tbe anticipated lime it is expected to eontinue and steps taken or planned to reduce, eliminate and pre\•ent recurrence of the noncompliance. The Executive Officer. or

6111"7

ATTACHMENT B

Conditions of Certification File No. 14-035

an authorized representative, may waive the wrjtien report on a case-by-case basis i f the oral report has been received wi thin 24 hours .

.29. Enforcement:

(a) ln the event of any violation or threatened violation of the conditions of this Ce1tification, the violation or threatened violation shall be subject to any remedies, penalties, process or sanctions as provided for under State law. ror purposes of section 401 (d) of the Clean Water Act, the applicability of any State law authorizing remed ies, penalties, process or sanctions for the violation or threatened violation consti tutes a l imitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this Certification.

(b) In response to a suspected violation of any condition of this Certification, the State Water Resources Control Board (SWRCB) or Regional Water Qual ity Control Board (RWQCB) may requi re the holder of any permit or license subjecf to this Certification to furnish , under penalty of perjury. any technical or morutoring reports the SWRCB deems appropTiate. provided that the burden, including costs, ofthe reports shall be a reasonable re lationship to the need for the reports and the benefi ts to be obtained from the reports.

(c) In response to any violation of the conditions of tills Certification, the SWRCB or RWQCB may add to or mod ify the conditions of this Certification as appropriate to ensure compliance.

30. TI1is Certification shall expire five (5) years from date of this Certi fi cation. The Applicant shal l submit a complete application at least 90 days prior to termination of this Cenification if renewal is requested .

7 or7

. I