Consultation and Authorization

Consult with CDFW on Federal Biological Opinion Terms

Permittee shall consult with CDFW regarding any USFWS Biological Opinion or NMFS Biological Opinion for construction or operation of the Delta Conveyance Project pursuant to the Federal Endangered Species Act (ESA), as described in Condition of Approval 8.

Obtain Construction Phase Authorization Before Each Phase

Permittee may not begin any Phase of construction for the Project until Permittee has obtained authorization (Construction Phase Authorization) from CDFW, as described below in Conditions of Approval 6.1 and 6.2.

Submit Pre-implementation Phase Authorization Package

Permittee shall submit the completed Pre-implementation Phase Authorization Package no less than one year before initiation of preconstruction activities, regardless of whether preconstruction activities will have temporary or permanent impacts.

Submit Protocol-Level Survey Methodology for CDFW Approval

final protocol-level species and habitat survey methodology for CTS, GGS, SWHA, TRBL, CBB, and MALI consistent with Condition of Approval 11.38.

Submit Construction Phase Authorization Package 90 Days Prior

Permittee shall submit a complete Construction Phase Authorization Package for CDFW’s review and approval 90 days prior to the commencement of Covered Activities defined in that Phase.

Obtain Phase 2 Authorization Before Phase 2 Operations

Permittee shall not begin Phase 2 Operations until Permittee has obtained authorization (Phase 2 Authorization) from CDFW, as described below in Conditions of Approval 7.1 and 7.2.

Submit Phase 2 Authorization Package Before Phase 1 Operations

No more than 120 days before the initiation of Phase 1 Operations Permittee shall submit a complete Phase 2 Authorization Package for CDFW’s review and approval.

Share Phase 1 Operations Data with CDFW

Permittee shall work collaboratively with CDFW throughout Phase 1 Operations to share data collected promptly following QA/QC and coordinate regarding data analyses.

Submit Supplemental Phase 1 Data Before Phase 2 Operations

Permittee shall submit additional data collected during Phase 1 Operations, and associated reports, no less than 90 days prior to initiation of Phase 2 Operations to augment information contained in the Phase 2 Authorization Package.

Notify and Consult CDFW on Amendment-Triggering Conditions

Permittee shall notify CDFW if any of the conditions listed above occur. Permittee shall consult with CDFW if any of the conditions listed above occur to determine whether an amendment is necessary for reasons including but not limited to an increase in the anticipated extent of the taking of Covered Species or the impacts on the Covered Species that result from the Covered Activities, or modifications to the necessary and appropriate measures to minimize and fully mitigate the impacts of the…

Notify CDFW 14 Days Before Starting Covered Activities

The Designated Representative shall notify CDFW 14 calendar days before starting Covered Activities within a Project construction site in an approved Phase (Condition of Approval 6.2) or Project operations (Condition of Approval 7.2).

Notify and Report Non-Compliance with the ITP to CDFW

The Designated Representative shall immediately notify CDFW if the Permittee is not in compliance with any Condition of Approval of this ITP, including but not limited to any actual or anticipated failure to implement measures within the time periods indicated in this ITP and/or the MMRP. The Designated Representative shall follow up within 24 hours with a written report to CDFW describing, in detail, any non-compliance with this ITP and suggested measures to remedy the situation.

Notify Biologist Immediately of Take or Injury

Permittee shall immediately notify the Designated Biologist(s), Fisheries Biologist(s), and/or Biological Monitor(s) if a Covered Species is taken or injured/damaged by a Covered Activity, or if a Covered Species is otherwise found dead or injured/damaged within the vicinity of the Project.

Call CDFW with Initial Take or Injury Notification

The Designated Biologist(s) or Permittee’s Designated Representative shall provide initial notification to CDFW by calling the CDFW Bay-Delta Region Stockton Office at (209) 234-3420.

Send Written Take Report to CDFW Within Two Days

Following initial notification, Permittee shall send CDFW a written report within two business days.

Notify CDFW Within One Business Day of Each CTS Relocation

Permittee’s Designated Representative or the Designated Biologist(s) shall notify CDFW within one business day each time CTS is relocated. Notification to CDFW shall be via telephone and email, followed by a written incident report. Notifications shall include the date, time, location, and circumstances of the incident. The written incident report shall also be included in the Monthly Compliance Report (see Condition of Approval 10.12).

Immediately Notify Biologist of Injured or Dead CTS

Permittee shall immediately notify the Designated Biologist(s) if a CTS is injured or killed by a Covered Activity, or if a CTS is otherwise found dead or injured within the vicinity of the Project preconstruction activity, construction site, or maintenance area.

Handle and Transport Injured CTS to Rehabilitation Facility

Live injured CTS shall be handled and assessed according to the Restraint and Handling of Live Amphibians43 or the most recent CDFW- approved guidance for handling CTS. If an injured CTS is found during Covered Activities, the individual shall be evaluated by the Designated Biologist(s) who shall immediately take the injured CTS to a CDFW-approved wildlife rehabilitation or veterinary facility identified in the CTS Relocation Plan (see Condition of Approval 11.51)

Contact CDFW Representative Within One Business Day of Injury

contact the CDFW Representative, via email and telephone, within one business day to discuss the next steps. The notification to CDFW’s Representative shall include information regarding the location, species, number of animals taken or injured, the name of the facility where the animal was taken, and the ITP tracking number.

Capture and Handle GGS Only Through the Designated Biologist

GGS may only be captured and handled by the CDFW-approved Designated Biologist(s) (see Condition of Approval 9.2.1). If a GGS, or a snake resembling GGS, is found on the Project construction site or three feet beyond the construction site, the Designated Biologist(s) shall be notified immediately and shall determine whether the animal should be captured and handled. The Designated Biologist(s) shall minimize capture and handling to the greatest extent feasible as most reptiles experience stress…

Relocate GGS Only When Directly Threatened and Unable to Self-Escape

The Designated Biologist(s) shall only relocate GGS if the animal is directly threatened by immediate Covered Activities and the animal is unable to move to a safe area on its own. Relocated GGS shall be released as soon as possible. The Designated Biologist(s) shall only relocate GGS to areas identified in the Relocation Plan.

Notify CDFW Within 24 Hours of Each GGS Relocation

The Permittee’s Designated Representative or the Designated Biologist(s) shall notify CDFW within 24 hours each time GGS is relocated. Notification to CDFW shall be via telephone and email, followed by a written incident report. Notifications shall include the date, time, location, and circumstances of the incident. The written incident report shall also be included in the Monthly Compliance Report (see Condition of Approval 10.12).

Notify Designated Biologist Immediately of GGS Take, Injury or Death

Permittee shall immediately notify the Designated Biologist(s) if a GGS is injured or killed by a Covered Activity, or if a GGS is otherwise found dead or injured within the vicinity of the Project preconstruction activity, construction site, or maintenance area.

Transport Injured GGS to a CDFW-Approved Rehabilitation Facility

The Designated Biologist(s) shall immediately take the GGS to a CDFW-approved wildlife rehabilitation or veterinary facility identified in the GGS Relocation Plan (see Condition of Approval 11.67) and contact the CDFW Representative, via email and telephone, within one business day to discuss the next steps.

Bear Costs of Injured GGS Care and Treatment

Permittee shall bear any costs associated with the care or treatment of such injured GGS.

Provide Initial and Written Incident Reports to CDFW on GGS Take or Injury

The initial notification to CDFW shall include information regarding the location, species, and number of animals taken or injured, the name of the facility where the animal was taken if applicable, and the ITP number. Following initial notification, Permittee shall send CDFW a written incident report within two business days to the CDFW Representative. The incident report shall include the date and time of the finding or incident, location of the animal or carcass or the name of the facility…

Notify Designated Biologist of SWHA Take, Injury or Death

Permittee shall immediately notify the Designated Biologist(s) if a SWHA is taken or injured by a Covered Activity, or if a SWHA is otherwise found dead or injured within the vicinity of the Project preconstruction activity site, construction site, or maintenance area.

Transport Injured SWHA to Rehabilitation Facility at Permittee's Cost

The Designated Biologist(s) shall immediately take the SWHA to a CDFW-approved wildlife rehabilitation or veterinary facility identified in the SWHA Relocation Plan (see Condition of Approval 11.80) and contact the CDFW Representative, via email and telephone, within one business day to discuss the next steps. Permittee shall bear any costs associated with the care or treatment of such injured SWHA.

Notify CDFW Within 24 Hours of SWHA Nest Abandonment or Distress

The Designated Biologist(s) shall immediately notify CDFW (within 24 hours) if nesting SWHA abandon the nest or exhibit distress and/or abnormal nesting behavior.

Provide Initial CDFW Notification With Event Details

The Designated Biologist(s) or Designated Representative shall provide initial notification to CDFW by contacting the CDFW Representative. The initial notification to CDFW shall include information regarding the location, species, date, and circumstances of the event (e.g., time where the individual was found, number of animals taken or injured, description of abnormal nesting behavior, etc.), the name of the facility where the animal was taken if applicable, and the ITP Number.

Submit Written Incident Report to CDFW Within Two Business Days

Following initial notification, Permittee shall send CDFW a written incident report within two business days to the CDFW offices listed in the Notices section of this ITP. The incident report shall include the date and time of the finding or incident, disposition of the SWHA, location of the animal or carcass or the name of the facility where the animal was taken, any photographs of the animal or the site it was found, explanation as to cause of take, injury, or nesting disturbance, and any…

Notify Designated Biologist of TRBL Take or Injury

Permittee shall immediately notify the Designated Biologist(s) if TRBL is taken by a Covered Activity, or if a TRBL is otherwise found dead or injured within the vicinity of the Project preconstruction activity, construction site, or maintenance area.

Transport Injured TRBL to Approved Care Facility

The Designated Biologist(s) shall immediately take the injured TRBL to a CDFW-approved wildlife rehabilitation or veterinary facility identified in the TRBL Relocation Plan (see Condition of Approval 11.92)

Notify CDFW Representative Within One Business Day

contact the CDFW Representative, via email and telephone, within one business day to discuss the next steps.

Bear Costs of Injured TRBL Care and Treatment

Permittee shall bear any costs associated with the care or treatment of such injured TRBL.

Notify CDFW of TRBL Nest/Colony Abandonment or Distress

The Designated Biologist(s) shall immediately notify CDFW (within 24 hours) if TRBL abandon their nests or nestlings are abandoned, or nesting or roosting colonies exhibit distress and/or abnormal nesting behavior. The Designated Biologist(s) or Permittee’s Designated Representative shall provide initial notification to the CDFW Representative. The initial notification to CDFW shall include information regarding the location, species, date, and circumstances of the event (e.g., time where the…

Submit Written TRBL Incident Report to CDFW

Following initial notification, Permittee shall submit to CDFW a written incident report within two business days to the CDFW offices listed in the Notices section of this ITP. The report shall include the date and time of the finding or incident, disposition of the TRBL, location of the animal or carcass or name of facility where the animal was taken, any photographs of the animal or the site it was found, explanation as to cause of take, injury, or nesting disturbance, and any other pertinent…

Immediately Notify Biologist of CBB Take or Mortality

Permittee shall immediately notify the Designated Biologist(s) if CBB is taken by a Covered Activity, or if a CBB is otherwise found dead or injured within the vicinity of the Project preconstruction activity, construction site, or maintenance area.

Provide Initial CDFW Notice of CBB Take Within 1 Day

The Designated Biologist(s) or Permittee’s Designated Representative shall provide initial notification to the CDFW Representative within one business day of finding the injured or killed CBB.

Submit Written CBB Incident Report Within 2 Days

Permittee shall send CDFW a written incident report within two business days to the CDFW offices listed in the Notices section of this ITP.

Salvage and Label CBB Carcass for CDFW Lab

The carcass shall be photographed, salvaged, and placed in a labeled, clean plastic, resealable bag or vial and stored in a freezer by the Designated Biologist(s) for shipment to CDFW Wildlife Health Lab.

Cap Phase 1 Operations at One Calendar Year

Phase 1 Operations are authorized for no more than one calendar year.

Obtain CDFW Approval to Extend Phase 1 Operations

Permittee may extend the time period of Phase 1 Operations with CDFW approval but shall not extend the total duration of Phase 1 and Phase 2 Operations beyond two calendar years.

Prohibit Diversion During Bethany Reservoir Contractor's Test

Permittee shall not divert any water through the north Delta intakes while it is conducting the Bethany Reservoir Pumping Plant Contractor’s Test (see Section 19.2.1 in the Project Description).

Cap Diversion at 500 CFS During Phase 1 Testing

During Intake B and C Operational Performance Testing and Pump Maintenance Activities, Permittee shall not divert more than 500 cfs at any time, the maximum rate needed to conduct Intake B and C Operational Performance Testing and Pump Maintenance Activities, during Phase 1 Operations.

Cap Phase 2 Operations at One Calendar Year

Phase 2 Operations are authorized for no more than one calendar year.

Evaluate Joint North/South Delta Intake Operations

Permittee shall evaluate a wide range of potential approaches to operate the north Delta diversions jointly with existing south Delta export facilities as required by Condition of Approval 10.21.8 (Optimization Study to Inform Joint operations of State Water Project North and South Delta Intakes).