ITP 2081 Conditions

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.

Submit Phase 2 Project Operations Report to CDFW

No more than six months after the initiation of Phase 2 Operations, Permittee shall provide CDFW with a Phase 2 Project Operations Report which shall include, at a minimum: (1) a summary of all Monthly Compliance Reports and all ASRs; and (2) a copy of the table in the MMRP with notes showing when each of the mitigation measures was implemented; (3) all available information about Project-related incidental take of the Covered Species; (4) information about other Project impacts on the Covered…

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…

Designate and Notify CDFW of Designated Representative

Before starting Covered Activities, Permittee shall designate a representative (Designated Representative) responsible for communications with CDFW and overseeing compliance with this ITP. Permittee shall notify CDFW in writing before starting Covered Activities of the Designated Representative’s name, business address, and contact information

Notify CDFW of Substitute Designated Representative

shall notify CDFW in writing if a substitute Designated Representative is selected or identified at any time during the term of this ITP.

Submit Biologist Resume Forms 30 Days Before Each Phase

Permittee shall submit to CDFW in writing the name, qualifications, business address, and contact information of the Designated Biologist(s), Fisheries Biologist(s), and Biological Monitor(s) using the Biologist Resume Form (Attachment 3) or another format containing the same information at least 30 days before starting Covered Activities for each Project Phase.

Submit Annual Biologist Reapproval List by January 31

Permittee shall provide a list prior to January 31 each year thereafter seeking annual reapproval of Designated Biologist(s), Fisheries Biologist(s), and Biological Monitor(s) Resume Forms indicating any changes pertaining to the qualifications, roles, and/or responsibilities of the Designated Biologist(s), Fisheries Biologist(s), and/or Biological Monitor(s) being utilized for all ongoing Project Phases.

Obtain CDFW Approval Before Replacing a Biologist or Monitor

If the Designated Biologist(s), Fisheries Biologist(s), or Biological Monitor(s) must be changed for a given Project Phase, after initiation of Covered Activities, the Permittee shall obtain CDFW approval at least five business days in advance of the new individual undertaking biological monitoring activities.

Maintain Biological Monitor Presence During Construction

The Designated Biologist(s) Fisheries Biologist(s), and/or Biological Monitor(s) shall be on-site during all construction activities that may result in the take of Covered Species as required by Conditions of Approval in this ITP.

Maintain Qualified Designated/Fisheries Biologist Credentials

A Designated Biologist and Fisheries Biologist is an individual who shall have a minimum of five years of academic training and professional experience in biological sciences and related resource management activities with experience monitoring, surveying for, collecting, and handling of Covered Species.

Maintain Qualified Biological Monitor Scope of Work

A Biological Monitor is an individual who shall have a minimum of four years of academic and professional experience in biological sciences and related resource management activities relevant to this project, has a minimum of six months’ experience with construction level biological monitoring, has training and the ability to recognize the Covered Species in the Project construction area, and who is familiar with the habitats and behavior of the Covered Species.

Report Daily to Designated Biologist and Flag Non-Compliance

The Biological Monitor(s) shall receive training and direction from the Designated Biologist(s) or Fisheries Biologist(s) for each task performed, and shall communicate daily with the Designated Biologist(s) or Fisheries Biologist(s) and immediately report any occurrence of Covered Species within the Project construction site, as well as any apparent non-compliance with any provision of this ITP.

Provide Unfettered Biologist Access to the Project Site

Permittee shall provide unfettered access to the Project Site and otherwise facilitate the Designated Biologist in the performance of his/her duties.

Exercise Stop-Work Authority for Non-Compliant Activity

the Designated Biologist(s), Fisheries Biologist(s), and/or Biological Monitor(s) shall immediately stop any activity that does not comply with this ITP and/or order any reasonable measure to avoid the unauthorized take of an individual of the Covered Species.

Notify CDFW When Unable to Comply with the ITP

If the Designated Biologist(s) and/or Biological Monitor(s) is unable to comply with the ITP, then the Designated Biologist(s) and/or Biological Monitor(s) shall notify the CDFW Representative immediately.

Prohibit Contracts That Restrict CDFW Communication

Permittee shall not enter into any agreement or contract of any kind, including but not limited to non-disclosure agreements and confidentiality agreements, with its contractors and/or the Designated Biologist(s), Fisheries Biologist(s), and/or Biological Monitor(s) that prohibit or impede open communication with CDFW, including but not limited to providing CDFW staff with the results of any surveys, reports, or studies or notifying CDFW of any non-compliance or take.

Conduct Worker Education Program Before Work Begins

Permittee shall conduct an education program for all persons employed or otherwise working in the Project Area before performing any work.

Repeat Worker Education Annually for Long-Term Employees

This training shall be repeated at least once annually for long-term and/or permanent employees that will be conducting work in the Project Area.

Distribute Wallet Cards or Fact Sheets to All Workers

Permittee shall prepare and distribute wallet-sized cards or a fact sheet handout containing this information for all workers to carry in the Project Area.

Maintain On-Site Construction Monitoring Documentation

The Designated Biologist(s), Fisheries Biologist(s), or Biological Monitor(s) shall maintain construction-monitoring documentation on-site in either hard copy or digital format throughout the construction period, which shall include a copy of this ITP with attachments and a list of signatures of all personnel who have successfully completed the education program. Permittee shall ensure a copy of the construction-monitoring documentation is available for review at each Project construction site…

Maintain Trash Abatement Program with Animal-Proof Containers

Permittee shall initiate a trash abatement program before starting Covered Activities and shall continue the program for the duration of the Project. Permittee shall ensure that trash and food items are contained in animal-proof containers and removed, ideally at daily intervals but at least once a week, to avoid attracting opportunistic predators such as ravens, coyotes, and feral dogs.

Install and Maintain Erosion and Sediment Control Measures

Erosion and sediment control measures shall be installed prior to earth-moving Covered Activities consistent with requirements of Conditions of Approval 11.25, 11.26, and 11.27. Permittee shall utilize erosion and sediment control measures throughout all phases of the Project where sediment runoff from exposed slopes could leave the Project construction site and/or enter an existing drainage, stream, or ponded area.

Monitor Construction Sites Before, During and After Storm Events

The Designated Biologist(s) and/or Biological Monitor(s) shall monitor each Project construction site before, during, and after each storm event

Restrict Sediment-Generating Work Ahead of Storm Onset

No phase of the Project that may cause the introduction of sediments into a drainage, stream, or ponded area may be started if that phase and its associated erosion control measures cannot be completed prior to the onset of a storm (rainfall exceeding 0.5 inch during a 24-hour period).

Delineate and Maintain Construction Site Boundary

Before starting Covered Activities within a Project construction site, Permittee shall clearly delineate the boundaries of the Project construction site with highly visible fencing, stakes, or flags, in each portion of the area that is safely accessible on foot.

Confine Covered Activities to Delineated Construction Sites

No Project-related construction activities shall occur outside of the delineated Project construction sites unless approved by CDFW prior to initiation of Covered Activities.

Delineate Covered Species Habitat and Show on Construction Plans

Permittee shall clearly delineate avoidable habitat of the Covered Species within Project construction sites with highly visible posted signs, posting stakes, flags, and/or rope or cord, and place fencing as necessary to minimize the disturbance of Covered Species’ habitat. Covered Species’ habitat, known populations of the Covered Species, and jurisdictional waters shall be clearly indicated on the Project construction plans (Condition of Approval 6.2).

Inspect and Maintain Habitat Fencing, Stakes and Flags

Permittee shall inspect and maintain all fencing, stakes, and flags until the completion of Covered Activities in that area and include the location of the fenced, staked, or flagged areas.

Verify and Document Fencing Status in Monthly Compliance Report

Status of the fencing shall be verified and documented by the Designated Biologist(s), Fisheries Biologist(s), or Biological Monitor(s) within the Monthly Compliance Report (Condition of Approval 10.15).

Confine Site Access and Vehicle Travel to Established Routes

All Project personnel shall access the Project construction site and any Project maintenance area using existing and established routes identified in the Project Description and shall not cross Covered Species’ habitat outside of or enroute to the Project construction site or maintenance area unless authorized by CDFW through Conditions of Approval in this ITP. All ingress/egress at the Project construction site shall be restricted to those routes identified in the Project Description.

Mark Cross-Country Access Routes in the Field

Cross- country access routes shall be clearly marked in the field with appropriate flagging and signs.

Obtain CDFW Approval Before Constructing New Travel Routes

If Permittee determines construction of routes for travel are necessary outside of the Project construction site, the Designated Representative shall contact CDFW for written approval before carrying out such an activity.

Confine Staging and Laydown to Disturbed Areas Within the Site

Permittee shall confine all Project-related parking, storage areas, laydown sites, equipment storage, and any other surface-disturbing activities to the Project construction site using, to the extent possible, previously disturbed areas such as paved or previously cleared areas. Staging areas shall be identified within the appropriate Project Phase Authorization Package.

Store Equipment and Vehicles 200 Feet from Aquatic Habitat

Permittee shall store equipment, supplies, and vehicles, and conduct vehicle and equipment services within the Project construction site at least 200 feet from suitable Covered Species aquatic habitat and/or other designated staging/storage areas.

Confine Activity to the Marked Site, Avoiding Covered Species Habitat

Permittee shall not use or cross Covered Species' habitat outside of the marked Project construction site unless authorized by CDFW consistent with Condition of Approval 9.10.

Inspect and Clean Equipment and Vessels for Invasive Species

Permittee shall inspect all equipment, including marine vessels, used for construction and habitat creation, enhancement, and management for invasive terrestrial and aquatic plant and animal species prior to entering work areas, when moving from one work area to another, and when entering Covered Species terrestrial and aquatic habitats. Permittee shall remove mud and/or accumulated soils from equipment and vehicles to the maximum extent practicable. Vehicles and equipment shall be cleaned or…

Inspect Idle Vehicles and Equipment for Wildlife Before Moving

Vehicles and equipment shall be visually inspected by the Designated Biologist(s), Fisheries Biologist(s), and/or Biological Monitor(s) before being moved if they have been idle and/or unoccupied for 30 minutes or longer. If an individual of a Covered Species is present, the worker shall wait for the Covered Species to move unimpeded to a safe location. Alternatively, the Designated Biologist(s) or Fisheries Biologist(s) shall be contacted to determine if the individual may be safely moved…

Daily Inspect and Maintain Vehicles to Prevent Contaminant Release

Any equipment or vehicles driven and/or operated in or adjacent to Project construction sites shall be checked daily and maintained in good working order to prevent the release of contaminants that, if introduced to water, could be deleterious to aquatic life, wildlife, or riparian habitat. If a vehicle is found to be leaking fluids of any kind, it shall be placed into secondary containment immediately.

Contain and Attend Vehicle Refueling Operations

Vehicles shall be kept away from all sensitive areas and positioned over drip pans or other suitable secondary containment prior to refueling.

Keep Refueling, Maintenance and Fuel Storage 200 Feet from Water

All reserve fuel supplies shall be stored only within the confines of the designated staging areas, a minimum of 200 feet from surface waters and other sensitive habitats, such as wetlands.

Implement CDFW-Approved Hazardous Materials Management Plan

Permittee shall implement the CDFW approved hazardous materials management plan (Condition of Approval 11.21) for each Project construction site and Project Phase.

Immediately Stop and Clean Up Fuel and Hazardous Waste Spills

Permittee shall immediately stop and, pursuant to pertinent state and federal statutes and regulations, arrange for repair and clean up by qualified individuals of any fuel or hazardous waste leaks or spills at the time of occurrence, or as soon as it is safe to do so.

Provide CDFW Access to Project and Mitigation Lands

Permittee shall provide CDFW staff with reasonable access to the Project and mitigation lands under Permittee control and shall otherwise fully cooperate with CDFW efforts to verify compliance with the Project Description, evaluation of effects on Covered Species and their habitats, and compliance with or effectiveness of minimization and mitigation measures set forth in this ITP.

Prohibit Surface Disturbance of CDFW Conserved and Managed Lands

During the entirety of the Project’s preconstruction, construction, and operations phases, Permittee shall not disturb the surface ground of CDFW’s existing conserved and managed lands, namely the Bethany Reservoir Conservation Easement, Woodbridge Ecological Reserve, Cosumnes River Ecological Reserve, or any adjacent lands protected by CDFW such as Christensen Road Burrowing Owl Site.

Maintain 50-Foot Buffer at Bethany Complex Conservation Easements

Permittee shall implement a minimum buffer of no less than 50 feet between Covered Activities within the Bethany Complex and adjacent conservation easements to minimize impacts to Covered Species.

Remove Temporary Fill and Construction Refuse on Completion

Upon completion of Covered Activities, Permittee shall remove from the Project construction site and properly dispose of all temporary fill and construction refuse, including, but not limited to, broken equipment parts, wrapping material, cords, cables, wire, rope, strapping, twine, buckets, metal or plastic containers, and boxes.

Keep Basic Fire Suppression Supplies On Site at Bethany Complex

Permittee shall keep basic fire suppression supplies on site at all times during construction of the Bethany Complex or while undertaking maintenance activities within the Bethany Complex.

Hand Clear Vegetation for Fire Prevention, Timed to Surveys and Exclusion Barriers

Hand removal of vegetation and/or weed whacking are the authorized methods for vegetation removal along access roads, staging areas, and work areas within the Bethany Complex prior to allowing heavy equipment and vehicles to access these project sites after Covered Species preconstruction surveys and installment of wildlife exclusion barriers.

Obtain CDFW Approval for Mowing, Disking or Tilling as Fire Prevention

Mowing may be permitted with CDFW approval following preconstruction surveys. Disking and/or tilling shall not be permitted for fire prevention without prior written approval from CDFW.

Clear Non-Living Vegetative Debris from the Work Footprint

Non-living vegetative debris shall be cleared from around the immediate work footprint.

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.

Maintain GIS Layers Tracking Land and Habitat Feature Disturbance

Permittee shall maintain Geographic Information System (GIS) shapefile layers and associated maps depicting: 1) mapped areas of all land disturbances within each Project construction site; and 2) mapped areas of disturbed identified habitat features suitable for Covered Species (see Condition of Approval 10.4 for habitat features) within the Project construction site. Permittee shall maintain the GIS layers and metadata for those maps and update the GIS layers and maps if there are any…

Photo-Document Habitat Areas Before Covered Activities Begin

Permittee shall maintain this tracking formatted in GIS that includes photo documentation of the habitat feature that was conducted no more than 14 days prior to initiation of Covered Activities. The photo documentation shall provide a visual representation of the Project construction site and include a minimum of five photographs showing each distinct habitat area: one taken each from the North, South, East, and West and facing the habitat area. Permittee shall include separate photo…

Attach GIS Layers and Metadata to the Monthly Compliance Report

Permittee shall provide GIS layers and the associated metadata (description and purpose of each dataset or layer, creation and last updated dates, geoprocessing history/GIS methodology to create the data layer, descriptions of unclear attribute fields, data layer, data quality (if applicable), contact information, and any other pertinent information), to CDFW attached to the Monthly Compliance Report (Condition of Approval 10.12). Permittee shall also provide up-to-date GIS layers of…

Summarize Habitat Disturbance and Update Maps with the Annual Status Report

Permittee shall also maintain maps for each Covered Species separately and shall include updates to any of the maps along with a summation of all disturbance to identified habitat features annually at the time of Annual Status Report submission (Condition of Approval 10.13).

Track and Map Suitable Habitat Features by Species

Permittee shall track suitable habitat for the Covered Species in each Project construction site and surrounding species-specific buffers.

Report Habitat Disturbance Acreages to CDFW

Permittee shall document the cumulatively disturbed acreages of identified habitat suitable for each Covered Species within the Project Area, as well as acreages of identified habitat features anticipated to be disturbed over the succeeding 30 days, using the data maintained according to Condition of Approval 10.4.

Photograph Impact Areas Before and During Construction

At least one photograph shall be taken at all stations prior to construction activities, and each month thereafter until construction and initial restoration is complete.

Document Restoration Success with Quarterly Photos

Photo documentation of restoration success as defined in the Restoration and Revegetation Plan (Condition of Approval 12.3.3) shall occur every three months following the initial restoration until restoration success is reached.

Submit Photo Monitoring with Compliance Reports

Photo monitoring obtained for Project elements resulting in temporary impacts shall be provided for each calendar month with the Monthly Compliance Report (Condition of Approval 10.12) and all photo monitoring shall be included with the Annual Status Report (Condition of Approval 10.13).

Email CDFW of Covered Species Sightings Within One Day

Any sightings of Covered Species throughout the entirety of the Project construction site before or during construction work, including dewatering, shall be reported to CDFW via email within one working day of the discovery.

Apply Avoidance Measures to Unmapped Species Occurrences

If a Covered Species occurrence(s) is observed within a Project construction site outside of the modeled habitat areas shown in Attachment 5, all avoidance and minimization requirements that are applicable to the Covered Species shall apply and Permittee shall consult with CDFW regarding the need for additional avoidance, minimization, or mitigation measures.

Conduct Preconstruction Habitat Evaluation Field Survey

The Designated Biologist(s) shall conduct a field survey and identify suitable habitat for each Covered Species in areas within the planned Project construction site and within 1,300 feet from the Project construction site consistent with the largest no-disturbance buffer for Covered Species (see Condition of Approval 11.85), where accessible.

Submit Habitat Survey Results in Authorization Package

Permittee shall include all initial preconstruction field survey results to CDFW in the appropriate Construction Phase Authorization Package (Condition of Approval 6.2) and identify the spatial extent of suitable habitat for each Covered Species as well as the total area surveyed by the Designated Biologist(s).

Apply Avoidance Measures to Unmapped Suitable Habitat

Any suitable habitat not included in the species’ modeled habitat within the Project construction site that will be impacted by Covered Activities shall be subject to the same avoidance and minimization requirements for the Covered Species.

Track Temporary and Permanent Impacts by Project Phase

Permittee shall track temporary and permanent impacts accumulated as a result of Covered Activities within each Project Phase.

Notify CDFW of Likely Impact Exceedance

Permittee shall notify CDFW if the level of impacts as tracked in the Annual Status Report (Condition of Approval 10.13) is likely to exceed the expected permanent and temporary impacts for each Covered Species as approved by CDFW in the appropriate Construction Phase Authorization Package (Condition of Approval 6) and/or Phase 2 Authorization Package (Condition of Approval 7).

Submit Revised Phase Schedule After Exceedance Notice

Permittee shall submit an appropriately revised Project Phase schedule (see Conditions of Approval 6.2 and7.1) within 10 business days of the notification to ensure temporary impacts remain within the temporary impact criteria according to Conditions of Approval 11.66 and 12.3.

Conduct Daily Compliance Inspections at Each Site

The Designated Biologist(s) and/or Biological Monitor(s) shall be present at each Project construction site and during each maintenance activity, each day, to conduct compliance inspections at a minimum of one inspection daily, after periods of inactivity prior to initiating work, and after clearing, grubbing, and grading are completed.

Prepare Daily Written Inspection Records

The Designated Representative or Designated Biologist(s) shall prepare daily written observation and inspection records, including photo-documentation records (Condition of Approval 10.6), summarizing oversight activities and compliance inspections, observations of Covered Species and their sign, survey results, dates of Covered Activity and inactivity, and monitoring activities required by this ITP.

Develop Environmental Compliance Monitoring Plan

Permittee shall develop an Environmental Compliance Monitoring Plan (ECMP) for each Project construction site and include any proposed Project facilities maintenance activities to monitor, enforce, and document measures to protect Covered Species and their habitats, designated critical habitat, and sensitive natural communities.

Compile and Submit Monthly Compliance Report

The Designated Representative or Designated Biologist shall compile the observation and inspection records identified in Condition of Approval 10.10 into a Monthly Compliance Report and submit it to CDFW along with a copy of the MMRP table with notes showing the current implementation status of each mitigation measure.

Deliver Annual Status Report by January 31

Permittee shall provide CDFW with an Annual Status Report no later than January 31 of every year beginning the year after issuance of this ITP and continuing until CDFW accepts the Final Mitigation Report identified below.

Submit Species Observations to CNDDB Within 60 Days

The Designated Biologist(s) and/or Biological Monitor(s) shall submit all observations of Covered Species to CDFW’s California Natural Diversity Database (CNDDB) during preconstruction, construction, operations, and maintenance activities within 60 calendar days of the observation

Include CNDDB Forms with Next Compliance Report

the Designated Biologist(s) and/or Biological Monitor(s) shall include copies of the submitted forms with the next Monthly Compliance Report (Condition of Approval 10.12) or Annual Status Report (Condition of Approval 10.13), whichever is submitted first relative to the observation.

Deliver Final Phase Mitigation Report After Phase Completion

Permittee shall provide CDFW with Final Phase Mitigation Reports no later than 45 days after completion of Covered Activities and all mitigation measures for each Project Phase and after Covered Activities and all mitigation measures for all Project Phases are complete.

Deliver Mitigation Status Report Before ITP Expiration

Ninety days prior to the expiration of this ITP, Permittee shall provide CDFW with a Mitigation Status Report.

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.

Develop Draft Subsurface Vibration Study Plan

Permittee shall develop, in coordination with CDFW, a draft Subsurface Testing and Monitoring Study Plan to investigate thresholds and effects of subsurface vibrations on fossorial species (CTS, GGS, and CBB) behavior and overall health, prior to the initiation of Covered Activities.

Submit Final Study Plan One Year Before Ground Disturbance

Permittee shall work collaboratively with CDFW to incorporate comments into the draft Study Plan and submit the final Study Plan to CDFW for review and approval a minimum of one year prior to initiating any ground-disturbing activities within fossorial Covered Species habitat.

Implement Approved Vibration Study Before Covered Activities

Permittee shall implement the CDFW-approved Study Plan prior to initiating Covered Activities within a Project site containing CTS, GGS, or CBB suitable habitat

Submit Vibration Study Results in Construction Phase Package

and shall submit the results of the Study with suggested vibratory monitoring protocols for fossorial Covered Species to CDFW as part of the appropriate Construction Phase Authorization Package.

Develop Draft Covered Fish Species Monitoring and Science Plan

Within twelve months of permit issuance, Permittee shall, in coordination with CDFW, initiate development of a draft Covered Fish Species Monitoring and Science Plan for CDFW review.

Submit Final Fish Monitoring Plan for CDFW Approval

Permittee shall submit a final draft plan to CDFW for review no less than six months prior to the first deadline established in the plan and no less than five years before initiation of in-water construction Covered Activities.

Conduct Covered Fish Species Monitoring Across Project Phases

Permittee shall initiate Covered Fish Species monitoring and science activities prior to Project in-water construction and shall continue Covered Fish Species monitoring and science activities throughout Project construction and operations (Phase 1 Operations and Phase 2 Operations).

Report Aquatic Conditions in Phase 2 Package and Final Report

Permittee shall include assessments of aquatic conditions in each monitoring time period described below in the Phase 2 Operations Authorization Package (Condition of Approval 7.1) and the Final Mitigation Report following completion of Phase 2 Operations (Condition of Approval 10.15) to facilitate CDFW evaluation of changes in aquatic conditions throughout Project construction and operations.

Adhere to CDFW Review Process for Fish Study Plans and Reports

Permittee shall submit draft plans to CDFW for review according to the timelines in the CDFW-approved Covered Fish Species Monitoring and Science Plan, and as specified in each Condition of Approval.

Evaluate Fish Monitoring Results Against Biological Criteria

Permittee shall work collaboratively with CDFW to use the results from science and monitoring required in Conditions of Approval 10.18, 10.19, 10.20, 10.21, 10.26, and 10.27 to 1) ensure that impacts to Covered Fish Species during Phase 2 Operations do not exceed Covered Fish Species Biological Criteria, and 2) prepare for future regulatory processes that may address long-term authorizations for Project operations.

Evaluate Hydrograph Limb Impacts on Covered Fish Species

By 2030, Permittee shall, in coordination with CDFW, use best available science and information gained from studies required by this ITP (Conditions of Approval 10.18, 10.19, 10.20, and 10.21) to evaluate differences in impacts to Covered Fish Species in January and February between ascending and descending limbs of the Sacramento River hydrograph.

Consult CDFW on ITP Amendment for Alternative Operating Criteria

Permittee shall consult with CDFW if it seeks to amend the ITP (Condition of Approval 8) to modify Conditions of Approval 11.111 and 11.111.2.

Conduct Fisheries Evaluation Studies for Covered Fish Species

Permittee shall conduct Fisheries Evaluation Studies to characterize baseline conditions and uncertainties regarding the effects of Covered Activities (construction, operations, and maintenance) on Covered Fish Species.

Develop Migration and Survival Study Plan

Permittee shall, in collaboration with CDFW, develop a Migration and Survival Study Plan to 1) assess the baseline behavior and survival of CHNWR, CHNSR, and WS in river reaches potentially impacted by Project construction and operation and 2) evaluate changes to baseline conditions established during In-water Preconstruction Baseline Monitoring as the Project is implemented during In-water Construction Monitoring, Phase 1 Operations Monitoring, and Phase 2 Operations Monitoring.

Fund and Implement Migration and Survival Telemetry Study

Permittee shall fund and initiate the CDFW-approved study plan as informed by the final Covered Fish Species Monitoring and Science Plan (Condition of Approval 10.18).

Develop Predation Study Plan

Permittee shall, in collaboration with CDFW, develop a Predation Study Plan to assess the baseline risk of predation to DS, LFS, CHNWR, CHNSR, and WS in river reaches potentially impacted by Project construction and operations, including areas immediately adjacent to the north Delta intakes.

Capture, Tag, and Survey Predatory Fish Distribution

Permittee shall employ several methods, as approved by CDFW, to capture predatory fish and retain a subsample for diet analysis. Permittee shall tag predatory fish with acoustic transmitters compatible with the dominant concurrently installed acoustic array within the Delta and pursuant to the Migration and Survival Study.

Measure Predation Rate on Covered Fish Species

Permittee shall use the following approaches to measure predation, unless otherwise approved in writing by CDFW:

Develop Covered Fish Species Abundance and Distribution Study Plan

develop a Covered Fish Species Abundance and Distribution Study Plan to assess the baseline densities and seasonal and geographic distribution of all life stages of DS, LFS, CHNWR, CHNSR, and WS in river reaches potentially impacted by Project construction and operations

Conduct Near-Field Abundance and Distribution Monitoring

Permittee shall fund and initiate abundance and fine‐scale distribution studies according to timelines established in the Covered Fish Species Monitoring and Science Plan (Condition of Approval 10.18) and continue implementation annually through Phase 2 Operations Monitoring.

Conduct Far-Field Abundance and Distribution Monitoring

Permittee shall use a combination of existing IEP Delta monitoring programs (e.g., CDFW Summer Townet Survey, Fall Midwater Trawl Survey, Smelt Larval Surveys; USFWS Enhanced Delta Smelt Monitoring Program and Delta Juvenile Fish Monitoring Program; CDFW and USFWS Kodiak Trawl and 20 mm Trawl) and night sampling, as approved by CDFW and USFWS.

Conduct Water Quality Evaluation Studies Program

conduct Water Quality Evaluation Studies to characterize baseline conditions and uncertainties regarding the effects of Covered Activities (construction, operations, and maintenance) on Covered Fish Species

Install and Maintain Real-Time Water Quality Monitoring Station

Permittee shall fund, install, and maintain a new real-time monitoring station downstream of the north Delta diversion Intake C before initiation of In-Water Preconstruction Baseline Monitoring.

Develop Hydraulic Data Plan for Operating Criteria

Permittee shall work collaboratively with CDFW to develop a Hydraulic Data Plan to use the data obtained from this new real-time monitoring station, in addition to upstream monitoring stations described in Section 20.2.1 of the Project Description and existing stations, to implement operating criteria described in Conditions of Approval 11.109 and 11.111.

Develop Sediment and Turbidity Monitoring Study Plan

Permittee shall, in collaboration with CDFW, develop a Sediment and Turbidity Monitoring Study Plan to: 1) Assess the baseline sediment transfer in river reaches potentially impacted by Covered Activities (construction and operations); 2) Evaluate changes to baseline conditions established during In-water Preconstruction Baseline Monitoring occurring from Covered Activities measured during In-water Construction Monitoring, and Phase 1 and Phase 2 Operations Monitoring; and 3) Establish sediment…

Implement Sediment and Turbidity Monitoring Through Phase 2 Operations

Permittee shall initiate the CDFW-approved study plan after installation of the new real-time monitoring station (Condition of Approval 10.20.1), and shall continue implementation through Phase 2 Operations.

Develop and Implement Sediment Reintroduction Plan if Criteria Unmet

If results of the Sediment and Turbidity Monitoring Study indicate that performance criteria will not be met, Permittee shall develop a Sediment Reintroduction Plan to reintroduce sediment and create conditions in the Project Area that meet performance criteria.

Develop and Implement Harmful Algal Bloom Monitoring Plan

Before initiation of Phase 1 Operations, Permittee shall develop and implement a Harmful Algal Bloom Plan to monitor baseline frequency, duration, and intensity of harmful algal blooms in river reaches potentially impacted by Project operations using a combination of field surveys and hydrodynamic modeling of residence time.

Develop and Implement Selenium Bioaccumulation Monitoring

Before initiation of Phase 1 Operations, Permittee shall develop and implement a Selenium Bioaccumulation Study Plan to evaluate the effect of Covered Activities on selenium bioaccumulation in DS and LFS.

Develop and Implement Mercury Monitoring Study

Permittee, in collaboration with CDFW, shall develop and implement a Mercury Monitoring Study Plan to evaluate changes in mercury concentrations in the ecosystem from Covered Activities (construction and operations).

Develop and Implement Methylmercury Management Approach if Criteria Exceeded

If Project impacts exceed Covered Fish Species Biological Criteria, Permittee shall develop methylmercury management approaches and implement them consistent with the Sacramento-San Joaquin Delta Estuary Total Maximum Daily Load (TMDL) for Methylmercury and Amendments to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins for the Control of Methylmercury and Total Mercury in the Sacramento-San Joaquin Delta Estuary.

Conduct Ecological Response Evaluation Studies Program

conduct Ecological Response Evaluation Studies to characterize baseline conditions and uncertainties regarding the effects of Covered Activities (construction, operations, and maintenance) on Covered Fish Species

Develop and Implement Georgiana Slough Hydrodynamics Monitoring

Permittee shall develop a Hydrodynamics at Georgiana Slough Monitoring Study Plan to monitor the timing, magnitude, frequency, and duration of Sacramento River reverse flows at the Georgiana Slough junction and evaluate changes to baseline conditions from Covered Activities (construction and operations) through Phase 2 Operations.

Fund and Support Covered Fish Species Life Cycle Models

Permittee shall 1) fund the development and refinement of the following life cycle models; and 2) provide data to consider in life cycle model updates to quantify the effects of Covered Activities (construction, operations, and maintenance) through Phase 2 Operations and ensure compliance with Covered Fish Species Biological Criteria (Conditions of Approval 11.115, 11.116, and 11.117)

Conduct Baseline Food Web Resource Surveys

Permittee shall use existing monitoring surveys, such as 20mm Survey, Environmental Monitoring Program, Fall Midwater Trawl Survey, Summer Townet Survey, the Fish Restoration Program, and new monitoring surveys near the north Delta intakes to quantify the distribution and abundance of Covered Fish Species food web resources in river reaches potentially impacted by Project operations.

Monitor Food Web and Larval Fish Entrainment During Operations

Permittee shall monitor behind the north Delta intake fish screens to quantify the abundance of food web resources, DS and LFS larvae and juveniles, WS larvae and juveniles, and CHNWR and CHNSR fry being entrained into the north Delta intakes.

Incorporate Food Web and Entrainment Results into Life Cycle Models

Permittee shall incorporate near-field and far-field impacts from changes in food web resources and Covered Fish Species entrainment into Covered Fish Species life cycle models to evaluate effects of Project operations on DS, LFS, CHNWR, CHNSR, and WS populations and ensure compliance with the Covered Fish Species Biological Criteria (Conditions of Approval 11.115, 11.116, and 11.117).

Develop Tidal Wetland Restoration Efficacy Study and Evaluate Benefits

Before Phase 1 Operations begin, Permittee shall develop a Tidal Wetland Restoration Efficacy Study Plan that uses monitoring data from the Fish Restoration Program, and potentially other data sources, to analyze the efficacy of restored tidal wetlands in producing food web resources.

Fund and Implement DS/LFS Spawning Habitat Study

At least one year before initiating in-water construction Covered Activities, Permittee shall, in collaboration with CDFW, fund and implement a study to evaluate the impact of Covered Activities (construction, operations, and maintenance) on DS and LFS spawning habitat as part of the Abundance and Distribution Study (Condition of Approval 10.19.3).

Develop Refugia Design and Field Study Plan

Permittee shall develop a Refugia Design and Field Study Plan to implement a study to inform the design and optimization of fish refugia at the north Delta intakes.

Manage Diversions to Minimize Sacramento River Flow Reversals

By adhering to the requirements in Conditions of Approval 11.109, 11.110, 11.111, 11.112, 11.113, and 11.114 Permittee shall manage diversions at the north Delta intakes at all times to minimize increases in the timing, magnitude, frequency, or duration of flow reversals in the Sacramento River at the Georgiana Slough junction above pre-Project levels.

Assess Juvenile Salmon Route Entrainment by Reach and Junction

Permittee shall assess changes in CHNWR and CHNSR route entrainment by reach within the lower Sacramento River and through the Delta between baseline conditions established during In-water Preconstruction Baseline Monitoring and In-water Construction Monitoring, and Phase 1 and Phase 2 Operations Monitoring using the Hydrodynamics at Georgiana Slough Monitoring Study and the Far-field Routing and Survival Study (Conditions of Approval 10.21.1 and 10.19.1).

Ensure Operations Meet Covered Fish Species Biological Criteria

Permittee shall ensure that Covered Fish Species Biological Criteria are met during Phase 1 and Phase 2 operations (Conditions of Approval 11.115, 11.116, and 11.117).

Develop and Implement Joint Operations Optimization Study Plan

During In-water Preconstruction Monitoring, Permittee shall convene a team of biologists and hydrologic engineers to collaboratively develop a Joint Operations Optimization Study Plan that will describe a series of modeling studies, informed by empirical data, to evaluate a wide range of possible joint operations scenarios, including approaches to balancing diversions between north and south for carriage water savings, and associated implications for Delta biotic and abiotic conditions,…

Report Joint Operations Study Results in Phase 2 Authorization Package

Permittee shall include a final report documenting results of the studies and demonstrating the Project’s ability to meet Covered Species Biological Criteria as a part of the Phase 2 Authorization Package (Condition of Approval 7.1).

Evaluate and Refine Real-Time Operations Modeling Tools

Permittee shall collaborate with CDFW throughout In-water Preconstruction and In-water Construction Monitoring to evaluate the ability of existing modeling tools to implement Covered Fish Species Biological Criteria as a part of real-time operations (Conditions of Approval 11.115, 11.116, and 11.117). Permittee shall collaborate with CDFW to refine existing modeling tools, or develop new modeling tools, to ensure that Covered Fish Species Biological Criteria can be evaluated in real-time and…

Model Ascending Versus Descending Hydrograph Limb Impacts

Permittee shall work collaboratively with CDFW to utilize new information gained from Conditions of Approval 10.18, 10.19, 10.20, and 10.21 in this ITP to conduct new modeling and evaluate differences in impacts to Covered Fish Species as a result of Project operations during times when the Sacramento River hydrograph is ascending or descending.

Ensure Permitted Personnel Conduct Covered Species Studies

Permittee shall ensure that all Covered Species Monitoring and Scientific Studies which may result in take of DS, LFS, CHNWR, CHNSR, and WS are conducted by a person or entity with necessary state and federal scientific collecting permits and take authorizations.

Conduct Sacramento River Bathymetric Surveys Near Intakes

Permittee shall conduct bathymetric surveys focused on sections of the Sacramento River adjacent to each north Delta intake to understand annual changes in river bottom conditions.

Report Bathymetric Survey Results Within 120 Days

Permittee shall provide reports documenting the results of surveys within 120 days of completion of each survey.

Submit Final Models and Reports to CDFW Before 30% Design

Permittee shall provide copies of the final models described in Conditions of Approval 10.24.1 and 10.24.2 and associated reports to CDFW before completing 30% Project design.

Complete 3D Sacramento River Hydraulic Model

Permittee shall complete Sacramento River hydraulic modeling to support improved understanding of hydrological effects using a 3D model of river flow, stream trajectories, and velocities under various Sacramento River flows, stages, and diversion rates.

Complete Sacramento River Sediment Transport Model

Permittee shall complete a Sacramento River sediment transport model focused on areas adjacent to each north Delta intake to estimate potential sediment erosion and deposition around the intake structure.

Submit 10.25.1 Mathematical Model and Report to CDFW

Permittee shall provide copies of the final model and associated reports described in Condition of Approval 10.25.1 before completing 30% Project design.

Submit 10.25.2-10.25.4 Models and Reports to CDFW

Permittee shall provide copies of the final models described in Conditions of Approval 10.25.2, 10.25.3, and 10.25.4 and associated reports, to CDFW before completing 60% Project design.

Complete Mathematical Intake Structure Hydraulic Model

Permittee shall complete an intake structure hydraulic model, which will be a 3D model of the intake structure and tee screen hydraulic performance from the Sacramento River to the sedimentation basin, for the purpose of confirming the hydraulic performance and to recommend any refinements to the configuration prior to completion of physical modeling.

Complete Physical Reduced-Scale Intake Structure Model

Permittee shall complete a physical reduced-scale model of intake structure and tee screen hydraulic performance from the Sacramento River to the sedimentation basin for the purpose of confirming the hydraulic performance and to identify any refinements to the configuration to be incorporated during the final design phase.

Complete Mathematical Tee Screen Hydraulic Model

Permittee shall complete a 3D hydraulic model of intake tee screens (including baffle cylinders) to refine baffle configuration and facilitate uniform fish screen approach velocity.

Develop Physical Tee Screen Lab Model

Permittee shall develop a physical reduced- scale lab model of one intake tee screen for the purpose of refining baffle configuration and to facilitate uniform fish screen approach velocity.

Develop Fish Guidance System Study Plan

Permittee shall use input from the working group to develop a Fish Guidance System Study Plan for CDFW review.

Implement Study and Recommend Fish Guidance Approach

Permittee shall complete implementation of the CDFW-approved study plan and provide a recommended approach to CDFW no less than one year prior to finalization of 30% Project design to ensure that the results are available to inform Project design refinements for the north Delta intakes.

Convene Fish Guidance System Working Group

Permittee shall convene a working group comprised of representatives from Permittee, CDFW, Reclamation, USFWS, and NMFS to evaluate the potential to include a fish deterrence and/or guidance system, i.e., a non-physical barrier, into the north Delta intake structure designs at least two years prior to completion of 30% Project design.

Prepare and Submit Hydraulic Testing Plan

Permittee shall prepare a Hydraulic Testing Plan to demonstrate that the north Delta intake fish screens are operating within CDFW and NMFS fish screening criteria as specified in Condition of Approval 11.109.

Conduct Scheduled Fish Screen Hydraulic Tests

The Hydraulic Testing Plan shall include a minimum of three tests during Phase 1 or Phase 2 operations: one test during a low river flow, another during a high diversion flow event, and the third during a “normal” operating condition.

Retest Fish Screens After a Qualifying Event

Permittee shall conduct additional hydraulic testing following each qualifying event as defined below:

Conduct Fish Screen Testing per NMFS 2023 Guidance

Permittee shall conduct all north Delta intake fish screen hydraulic testing using guidance provided in the NMFS 2023 Performing Hydraulic Evaluations32 to ensure water passing through the cylindrical screens is distributed uniformly over all wetted surfaces.

Specify Hydraulic Testing Plan Methods and Contents

Permittee shall provide detailed descriptions of the methods, procedures, and parameters for hydraulic testing in the Hydraulic Testing Plan.

Submit Hydraulic Testing Data Within 72 Hours

Permittee shall provide all hydraulic testing data to CDFW within 72 hours of each north Delta intake fish screen hydraulic test.

Adjust Baffles and Retest After Non-Compliance

Permittee shall conduct baffle adjustments within seven days of a non-compliant hydraulic test, and Permittee shall retest within seven days of the baffle adjustment and provide the subsequent hydraulic testing data to CDFW within 72 hours.

Maintain Approach Velocity Within Screening Criteria

Permittee shall employ additional actions such as the decrease of diversion rates at the north Delta intakes, as needed, to maintain Va.

Submit Hydraulic Testing Report Within 30 Days

Permittee shall submit hydraulic testing reports within thirty days of completion of each hydraulic test described in Condition of Approval 10.27.

Visually Inspect Fish Screens Several Times per Year

Permittee shall perform visual inspections of the north Delta intake screens at least several times per year (using a diver and/or underwater inspection surveillance) to evaluate screen integrity, the effectiveness of the cleaning mechanism, and potential impingement of Covered Fish Species.

Remove and Clean Fish Screens Every Six Months

Permittee shall remove fish screens from the river and clean them approximately every six months.

Inspect Sediment Deposition at Intake Tee Screens

Permittee shall conduct inspections to quantify sediment deposition in front of the tee screen bases at both north Delta intakes at least annually after initiating Phase 1 Operations to evaluate the effectiveness of sediment management devices and demonstrate that sediment is not impacting fish screen performance.

Report Sediment Deposition Assessment to CDFW

Within 30 days of each inspection Permittee shall provide estimates of sediment deposition and an assessment of 1) the effectiveness of sediment management devices and 2) potential impacts to fish screen performance to CDFW.

Develop and Submit Screen Impingement Study Plan

Permittee shall develop a study plan to collect data on impinged fish, including fork length, to better understand the sizes of Covered Fish Species exposed to screen impacts. The study shall also evaluate seasonal variation in impingement, and measure environmental covariates (i.e. velocity, turbidity, dissolved oxygen, temperature) to inform potential environmental causes of variation in screen impingement. Permittee shall submit a draft study plan to CDFW no less than six months before…

Implement Screen Impingement Study During Operations

implement the plan during Phase 1 and Phase 2 Operations.

Report Covered Species Encounters and Halt Work

Permittee shall direct all workers to inform the Designated Biologist(s), Fisheries Biologist(s), or Biological Monitor(s) if they encounter any Covered Species within or near the Project site. All Covered Activities with potential to take Covered Species shall cease until the animal moves from the Project site on its own accord.

Relocate Trapped or Injured Covered Species from Construction Site

If the animal is found within a fenced Project construction site and cannot move of its own volition, the Designated Biologist(s) shall move the animal outside of the area of construction according to their species-specific relocation or transplantation plans described in this ITP for each Covered Species. Capture and relocation of trapped or injured special-status wildlife may only be performed by the Designated Biologist(s) and Fisheries Biologist(s).

Record and Report Covered Species Sighting Locations to CDFW

Covered Species sightings shall be recorded with a GPS (including datum and horizontal accuracy in feet) and the Designated Biologist(s), Fisheries Biologist(S), or Biological Monitor(s) shall report Covered Species observed locations to CDFW within one business day of the observation.

Transport Injured Covered Species to Rehabilitation Facility

If a Covered Species is injured as a result of Covered Activities, the Designated Biologist shall immediately take it to a CDFW-approved wildlife rehabilitation or veterinary facility specific to the injured individual. Permittee shall bear any costs associated with the care or treatment of such injured Covered Species.

Notify CDFW of Injury and Submit Written Incident Report

The Permittee shall notify CDFW of the injury to the Covered Species immediately by telephone and e-mail followed by a written incident report as described in Condition of Approval 10.16. Notifications shall include the name of the facility where the animal was taken.

Capture and Handle Covered Species per Hygiene Protocol

The Designated Biologist(s) shall be responsible for and direct efforts to capture and handle Covered Species. The Designated Biologist(s) shall ensure their hands are free of soaps, oils, creams, lotions, insect repellants, solvents or other potentially harmful chemicals and if not single use, nitrile or other hypo-allergenic gloves (non-latex) will be used for handling special-status fish or wildlife.

Maintain Capture and Relocation Monitoring Records

The Designated Biologist(s) shall maintain monitoring records that include, but are not limited to: (1) the beginning and ending time the capture and relocation effort, (2) a statement identifying the Covered Species encountered, (3) the time of discovery, by whom, and the condition of the Covered Species, (4) the capture and release locations of each Covered Species individual, (5) photographs of each Covered Species individual, (6) measurements of each Covered Species individual if doing so…

Obtain CDFW Approval Before Any Pesticide or Herbicide Use

Permittee shall not use pesticides, including herbicides, insecticides, or fungicides, within the Project Area (including during preconstruction activities, construction, postconstruction maintenance, and operations), without prior consultation with and written approval from CDFW.

Apply Sprays via Licensed Applicator Within Wind Speed Limit

Through this consultation, CDFW may approve limited use of herbicides or pesticides through targeted spray (e.g., backpack sprayer) at a buffer from Covered Species habitat. Permittee shall only apply sprays via ground application when wind speed measures less than three miles per hour. If approved by CDFW, all use (mixing, application, and clean-up) shall be conducted in accordance with federal, state, and county regulations, as directed by the manufacturer, and shall be applied by a…

Prepare and Submit Annual Herbicide Application Plan to CDFW

If herbicides are required to control invasive species, the Permittee shall prepare an Herbicide Application Plan and submit it to CDFW for review and approval for each calendar year that herbicides will be used, and no later than 60 days prior to the first intended application.

Keep Herbicide and Pesticide Application 300 Feet from Aquatic Habitat

Herbicides shall not be used within or near 300 feet of Covered Species aquatic habitats or no-activity buffers and ESAs and shall only be applied by an applicator holding a valid license issued by the California Department of Pesticide Regulation.

Prohibit Rodenticide, Poison, and Broadcast Baiting Use

Permittee shall not use rodenticides, other poisons, or broadcast baiting used to control rodents in the Project Area (including during construction, postconstruction maintenance, and operations).

Obtain CDFW Written Approval Before Fertilizer Use

Permittee shall not use fertilizers (or similar soil additives, hereby referred to as “fertilizer”) within the Project Area, unless Permittee requests and receives a written approval from CDFW.

Prepare and Submit Fertilizer Application Plan to CDFW

To request written approval for fertilizer application, no less than 60 days prior to the proposed application, Permittee shall submit to CDFW for review and approval a Fertilizer Application Plan. The Fertilizer Application Plan shall detail the type of fertilizer proposed to be used, method of application, amount of fertilizer to be used, spatial extent and timing of proposed application, impact assessment of application specific to Covered Species, measures to reduce impacts to Covered…

Restrict Covered Activities to Daylight Hours

Covered Activities shall cease 30 minutes before sunset and shall not resume until 30 minutes after sunrise, unless Permittee obtains approval by CDFW as part of the appropriate Construction Phase Authorization Package (Condition of Approval 6.2).

Detail and Justify Nighttime Work in Authorization Package

In the appropriate Construction Phase Authorization Package, Permittee shall detail the type of Covered Activity proposed for nighttime work, assess the impact of the Covered Activity specific to Covered Species within the Project construction site where the nighttime work is being proposed, identify measures that will be implemented to reduce impacts to Covered Species, and provide a justification for the need of nighttime work.

Exercise Caution for Nighttime Vehicle Travel After Construction

Any vehicle traffic necessary during nighttime hours associated with emergency response, security, or operations and maintenance activities subsequent to construction shall be conducted with extra caution to minimize impacts to nocturnal Covered Species.

Prohibit Non-Emergency Night Work in CTS Habitat After Construction

Covered Activities subsequent to construction shall not occur at night for non-emergency work in CTS habitat at any time of the year unless otherwise authorized by CDFW.

Shield and Limit Nighttime Lighting Spill Toward Habitat

Permittee shall not use permanent or temporary, fixed, exterior lighting, including motion-triggered security lighting that casts light on Covered Species habitat beyond the Project construction site between sunset and sunrise. Project-related lighting shall not result in significant illumination beyond the immediate Project construction site. Nighttime lighting during all Covered Activities shall be shielded and oriented downward to minimize effects on any nearby Covered Species. All lights,…

Use Yellow or Orange Lighting Near Covered Species Habitat

All construction lighting used within 500 feet of Covered Species suitable habitat shall be yellow or orange lighting.

Prohibit Permanent Intake Lighting Toward the Sacramento River

Permittee shall not permanently mount any lighting on the north Delta intake structure or buildings associated with the north Delta intake structures that will produce lux in the direction of the Sacramento River, to minimize predation effects on juvenile CHNWR and CHNSR from artificial lighting at night. Permanent lighting shall not be positioned such that lux can intersect the river channel at any angle regardless of vertical angle of the light source.

Position Temporary Construction Lighting to Avoid the River Channel

Temporary lighting on the north Delta intake structure or buildings associated with the north Delta intakes may be utilized for CDFW approved construction phase nighttime Covered Activities. Temporary lighting for worker safety during approved construction phase Covered Activities shall not be positioned such that lux can intersect the river channel, to the greatest extent possible. All lights along the river channel shall comply with U.S. Coast Guard criteria and regulations.

Install CDFW-Approved Visual Barriers Along Access Routes

Permittee may install a temporary (e.g., chain link with privacy slats) or semi-permanent (e.g., a roadway median barrier or architectural concrete wall system) barrier retrofitted using a CDFW- approved visual screen along portions of access routes where screening would prevent excessive light spill that could provide a continuous surface impenetrable by light. The visual barriers shall not be installed within 300 feet of CTS and GGS upland habitats.

Assess Access Road Locations Before Visual Barrier Installation

The Designated Biologist(s) and/or Biological Monitor(s) shall assess the locations of the identified access roads prior to the installation of any visual barriers.

Enforce Project Vehicle Speed Limits on Access Roads

Project vehicles shall observe a maximum speed limit of 10 miles per hour on unpaved non-public Project access roads and in construction and maintenance sites. Vehicles on paved, non-public Project access roads shall observe a maximum speed limit of 30 miles per hour.

Post Speed Limit and Wildlife Crossing Signage

Speeds limits shall be enforced and posted in both directions. Wildlife crossing signs and signage requiring extra caution shall be posted in both directions on all Project access roads that overlap with CTS and GGS aquatic and upland habitat during Project construction, operations, and maintenance.

Enforce Nighttime 10 MPH Limit at Bethany Complex

Project vehicles shall observe a nighttime speed limit of 10 miles per hour in Project construction sites within the Bethany Complex between October 16 through July 14 (i.e., outside the “dry season” defined as July 15-Oct 15) to avoid potential vehicle strikes of CTS.

Limit Speed Near GGS Habitat During Active Season

Project vehicles shall observe a 10 mile per hour speed limit on paved, non-public access roads where they occur within 200 feet of GGS habitat during the active season (May 1 – October 1) except where exclusion fencing has been installed, in which case Project vehicles may observe a speed limit of up to 30 miles per hour.

Design Wildlife-Passable Roadway Curbs and Barriers

Permittee shall construct roadways that are within Covered Species habitat such that there are no steep curbs, berms, dikes, or median barriers (e.g., k-cuts) that could prevent Covered Species from crossing or exiting the roadway. If curbs are necessary for safety and/or surface runoff, Permittee shall design and construct them to allow Covered Species to walk over them.

Submit Wildlife Culvert Under-crossing Plan for CDFW Approval

Large culverts shall be installed for wildlife road under-crossings, to the extent possible, every 500 feet on new access roads to minimize road mortality and isolation on amphibian and reptile Covered Species. Permittee shall provide the number and approximate location(s) of proposed culverts designed for wildlife road under-crossings within the appropriate Construction Phase Authorization Package for CDFW- approval.

Construct Wildlife Under-crossing Culverts to Specification

Unless otherwise approved by CDFW due to site-specific constraints, Permittee shall construct road culvert under-crossings using concrete with a natural substrate bottom such as sand, dirt, or gravel. A minimum under-crossing culvert size of six inches shall be used to ensure Covered Species and other wildlife may move across active roadways. Culvert under-crossing tunnels shall use “windows” for new roads within GGS suitable habitat as diurnal snakes are less likely to utilize…

Restrict Work Near Waters During Rain and Wet Weather

For preconstruction activities, construction activities, and maintenance activities including transmission line construction, transmission line maintenance, ground-disturbing work activities, and facilities maintenance within 100 feet of rivers, streams, sloughs, ponds, or vernal pools, Permittee shall restrict Covered Activities to periods of low rainfall (less than 0.25 inches per 24-hour period) and periods of dry weather (with less than a 30% chance of rain).

Initiate Erosion Control Measures Before Storm Events

Permittee shall initiate all erosion control measures prior to all storm events.

Monitor 72-Hour Weather Forecast for Each Project Site

Permittee and Designated Biologist(s) shall monitor the National Weather Service (http://www.nws.noaa.gov) 72-hour forecast for each Project Site.

Survey Site for Clearance Before Resuming After Rain

The Designated Biologist(s) shall survey each Project construction site before Covered Activities resume, using the CDFW-approved preconstruction survey protocol (Condition of Approval 11.38).

Inspect Overnight Equipment and Excavations Each Morning

All construction equipment, or construction materials left overnight in areas that may be occupied by wildlife shall be inspected by the Designated Biologist(s) and/or Biological Monitor(s) prior to initiation of any Covered Activity within a Project construction site, to prevent inadvertent entrapment of Covered Species during construction.

Cover or Ramp Open Excavations Nightly

The Designated Biologist(s) and/or Biological Monitor(s) shall ensure that all excavated areas, steep- walled holes, pumps, or trenches more than six inches deep, with the exception of shaft excavation, will be covered at the close of each working day with plywood or similar material and shall ensure the cover is sealed with rock bags or other methods to prevent animals from reentering or provided with one or more escape ramps constructed of earth fill or wooden planks at no more than a 30°…

Install Exclusion Barriers Around Shaft Openings

Prior to shaft construction, the Designated Biologist(s) and/or Biological Monitor(s) shall ensure that vertical shafts have suitable exclusion barriers placed around the shaft opening to prohibit entry of Covered Species into the shaft.

Inspect Excavations Before Filling for Trapped Animals

Before such holes or trenches are filled, the Designated Biologist(s) and/or Biological Monitor(s) shall thoroughly inspect them for trapped animals and be present when holes or trenches are being covered or filled to ensure there is no entrapment of Covered Species and that the cover is secure.

Divert Activities When Wildlife Found in Excavations

If a Covered Species or other animal is encountered in excavated pits, holes, or trenches during Covered Activities, Permittee shall divert Covered Activities away from the Covered Species until Project personnel contact the Designated Biologist(s).

Relocate Wildlife Found in Excavations

The Designated Biologist(s) shall relocate the animal consistent with Conditions of Approval in this ITP and determine any further actions to be taken.

Inspect Stored Pipes and Culverts for Wildlife

All pipes, culverts, and similar structures with a diameter of 0.25 inches or greater that are stored in Project construction sites for one or more overnight periods shall be thoroughly inspected by the Designated Biologist(s) and/or Biological Monitor(s) for Covered Species prior to the initiation of any Covered Activity and when these materials are subsequently buried, capped, or otherwise used or moved in any way.

Minimize and Regularly Remove Debris Piles After Inspection

Debris piles shall be kept to a minimum and removed regularly after thorough inspection by the Designated Biologist(s) and/or Biological Monitor(s).

Respond to Wildlife Found in Stored Pipes or Debris

If Project personnel detect Covered Species or other wildlife within a pipe, culvert, debris pile, or similar structure, they shall notify the Designated Biologist(s) and/or Biological Monitor(s) and allow the animal to safely escape or be relocated by the Designated Biologist(s) outside of the Project construction site before moving, capping, burying, or utilizing the structure. If necessary, under the direct supervision of the Designated Biologist(s) and/or Biological Monitor(s), Project…

Develop Spoils, RTM and Dredged Material Disposal Plan

Before finalizing Project engineering design, Permittee shall coordinate with CDFW to develop a spoils disposal plan for the storage of spoils, RTM, and dredged materials. The spoils disposal plan shall describe, but not be limited to, the size, locations, and required characteristics of designated storage sites; storage site preparation and dewatering; excavation of contaminated material; and chemical characterization, drainage, and treatment. The spoils disposal plan shall include protocols…

Size and Site Spoils and RTM Storage Areas

Permittee shall size the designated storage sites to accommodate all RTM, dredge material, or spoils expected to be generated by Covered Activities and shall size and locate the sites to minimize the impact or encroachment on environmentally sensitive areas within the Project Area. Permittee shall set aside a portion of each designated storage site for topsoil storage.

Restrict Storage Site Placement Near Habitat and Watercourses

Permittee shall not place materials where soil could pass into Covered Species habitat (i.e. CTS breeding pools); and shall not locate storage sites where materials may be washed back into a watercourse and pass into any other waters, in accordance with Fish and Game Code section 5650. Permittee shall use appropriate best management practices to protect storage sites and prevent soil erosion.

Haul or Pile Cleared Vegetative Material Away From Habitat

Permittee shall immediately haul vegetative material off site for disposal or place the material in piles at least 200 feet from Covered Species habitat to be left undisturbed.

Restrict Chipping and Stockpiling Over Topsoil

Permittee shall not chip, stockpile, and spread vegetative material over the topsoil unless such material does not contain seeds of invasive nonnative species, and it is chipped and spread immediately.

Backfill or Remove Grubbed Rock and Inorganic Material

Permittee shall use rocks and other inorganic material grubbed from storage sites to backfill borrow pits at that site or shall remove these materials from the site.

Prevent Erosion and Toxicity from RTM Drainage Discharge

Permittee shall conduct discharges from RTM draining operations in such a way as not to cause erosion at the discharge point. If RTM liquid requires chemical treatment, Permittee shall ensure chemical treatment of RTM liquid is nontoxic to aquatic organisms.

Site Power Lines and Structures to Avoid Covered Species Habitat

Permittee shall coordinate with electric utilities to design and construct power transmission and distribution lines and the locations of necessary structures such as supports and substations, to avoid Covered Species terrestrial habitats by 200 feet and aquatic habitats by 300 feet.

Restore Areas Disturbed by Power Line Construction

Where Covered Species habitat cannot be avoided, disturbance shall be minimized to the greatest degree feasible and all disturbed areas shall be returned to preconstruction conditions or better (see Condition of Approval 11.66) by reestablishing surface conditions through carefully grading and reconstructing Covered Species habitat features such as irrigation and drainage facilities, and replanting vegetation and crops (see Condition of Approval 12.3.3).

Install Bird Strike Diverters on New and Existing Power Lines

Permittee shall construct new power transmission and distribution lines using bird strike diverters to minimize the potential for bird strikes. Permittee shall install bird strike diverters on existing power transmission lines equal in length to the length of new permanent and temporary overhead transmission lines, except where new transmission lines replace existing transmission lines. Permittee shall space the diverters along the lines in accordance with the Avian Powerline Interaction…

Inspect and Replace Bird Strike Diverters Annually

Permittee shall inspect bird strike diverters annually and replace malfunctioning or lost diverters until or unless the transmission lines are removed.

Minimize Vegetation Disturbance and Protect No-Disturbance Buffers

Disturbance or removal of vegetation shall be kept to the minimum necessary to complete Covered Activities. Permittee shall not remove vegetation within established Covered Species no-disturbance buffers.

Hand-Trim Protected Vegetation for Access Only

Vegetation marked for protection may only be trimmed with hand tools limited to string trimmers (e.g., weed whackers) to the extent necessary to gain access to work sites or for facility maintenance, to minimize potential of crushing burrows or impacting the ground.

Obtain CDFW Approval for Non-String-Trimmer Mowing Equipment

Other mowing equipment requested for use by the Permittee in locations away from Covered Species refugia and burrow complexes shall be subject to CDFW written approval once site-specific Covered Species surveys have been conducted.

Set Minimum Mower Blade Heights

Where permitted, Permittee shall set mower blade heights no lower than four inches, and no lower than six inches in suitable GGS habitat, unless otherwise approved by CDFW.

Monitor for Fossorial Species During Vegetation Management

The Designated Biologist(s) and/or Biological Monitor shall be on site during vegetation management activities to monitor for any fossorial Covered Species.

Time Mowing to Species Dormancy and Dry Conditions

Permittee shall ensure, to the extent feasible that mowing only occurs when Covered Species are dormant or less active on the surface and during dry conditions (no rain within the past 24 hours).

Conduct Pre-Project Baseline Invasive Plant Survey

The Designated Biologist(s) qualified to do botanical surveys and approved by CDFW shall submit the sampling methodology to CDFW as part of the appropriate Phase Authorization Package (Condition of Approval 6.1 and 6.2). The baseline survey shall include both a qualitative and quantitative assessment of target species within the Project construction site. Permittee shall ensure that baseline sampling is conducted consistent with the CDFW approved sampling methodology prior to the start of any…

Conduct Annual Invasive Plant Monitoring Survey

Permittee shall ensure the same CDFW approved sampling methodology is conducted annually thereafter by a Designated Biologist(s). The pre-Project baseline condition survey results and subsequent annual surveying shall be utilized by the Permittee in the Invasive Plan Species Monitoring, Management, and Control Plan (IPSMMCP Condition of Approval 11.19.1) and reporting provided to CDFW in the Annual Status Report (Condition of Approval 10.13).

Prevent Introduction and Spread of Invasive Species Between Sites

Permittee shall conduct Covered Activities in a manner that prevents the introduction, transfer, and spread of invasive species, including plants, animals, and microbes (e.g., algae, fungi, parasites, bacteria, etc.) from one Project construction site and/or water body to another. Prevention best management practices and guidelines for invasive plants can be found on the Cal-IPC’s website (http://www.cal-ipc.org/ip/prevention/index.php). Prevention best management practices and guidelines for…

Implement BMPs to Prevent Phytophthora and Mold Spread

Permittee shall incorporate best management practices approved by CDFW as part of the appropriate Project Phase Authorization Package (Condition of Approval 6.1 and 6.2) to minimize risk of introduction and/or spread of molds such as Phythophthora spp. within the Project Area as introduction or exacerbation in the Project Area may reduce viability of restoration plantings and already occurring native plant species.

Permanently Remove Bullfrogs Encountered During Work

Any bullfrogs (Rana catesbeiana) encountered during construction or monitoring shall be permanently removed from the wild. Pursuant to Fish and Game Code section 6854, it is unlawful to take bullfrogs using firearms of any caliber or type. BB or pellet guns are prohibited.

Develop Draft Invasive Plant Species Management Plan

Permittee shall consult with CDFW and local invasive species experts such as the California Invasive Plant Council to develop a draft invasive plant species monitoring, management, and control plan (IPSMMCP) prior to starting Covered Activities that ensures invasive plant species and populations are kept below preconstruction distribution levels. The draft IPSMMCP shall be included in the Pre-implementation Phase Authorization Package (Condition of Approval 6.1). The IPSMMCP shall incorporate…

Submit Final IPSMMCP for Each Construction Phase

Permittee shall submit a completed final IPSMMCP to CDFW for each Construction Phase Authorization Package, and submit related reporting as part of the Annual Status Report (Condition of Approval 10.13).

Oversee Invasive Plant Removal During Restoration

The Designated Biologist(s) and/or Biological Monitor(s) shall oversee invasive terrestrial and aquatic plant species management utilizing best management practices such as hand removal in seeding and planting areas during vegetation restoration (see Condition of Approval 12.3.3). The Designated Biologist(s) and/or Biological Monitor(s) shall ensure that weed removal does not result in damage to root systems of the installed plants. Woody (tree or shrub) invasive plant species may require more…

Prohibit Pets, Campfires, and Firearms at Construction Sites

Permittee shall not permit pets, campfires, or firearms in Project construction sites and site access routes, except firearms carried by authorized security personnel or local, state, or federal law enforcement officials.

Store Food-Related Trash in Enclosed Containers

To avoid attracting predators, Permittee shall ensure Project personnel dispose of all food-related trash items such as packaging, cans, bottles, and food scraps in enclosed containers.

Remove Trash from Site Weekly

Permittee shall ensure trash is removed from the construction site and taken to an appropriate facility at least once a week from the construction or Project site (see Condition of Approval 9.6).

Include Litter Compliance Language in Contractor Contracts

All contracts with contractors shall include language reminding them of the obligations to abide by the laws related to litter within work areas and while traveling along public roads within Project construction sites and/or Project maintenance areas.

Cover and Secure Loads on Trash-Hauling Vehicles

Vehicles carrying trash shall have loads covered and secured to prevent trash and debris from falling onto roads and adjacent properties.

Develop Hazardous Materials Management Plan Before Covered Activities

Permittee shall develop and implement a hazardous materials management plan (HMMP) prior to initiating Covered Activities.

Maintain Historic Contamination and Inspection Database

A database on known historic instances of contamination and results of any field inspections regarding the presence of hazardous materials shall be maintained.

Designate Storage Sites for Fuel, Oil, and Petroleum Products

storage of fuel, oil, and other petroleum products at designated sites for hazardous materials

Label Hazardous Material Containers

clear labeling, handling, and safety instructions, and emergency contact information on hazardous material containers

Obtain CDFW Permission for Hazardous Material Use Near Streams

use or transfer of hazardous materials near wet or dry streams consistent with Fish and Game Code section 5650 and with permission from CDFW

Provide Material Safety Data Sheets to Site Personnel

Material Safety Data Sheets provided to all Project site personnel

Limit Temporary Hazardous Materials Storage to 90 Days

prohibition of the accumulation and temporary storage of hazardous materials exceeding 90 days

Segregate, Contain, and Remove Contaminated Soils

segregation, containment, and removal of contaminated soils to the approved disposal site

Stage Spill Containment and Kits at Every Work Site

site-specific emergency spill containment and spill kits at every work site

Submit HMMP to CDFW with Construction Phase Authorization Package

Permittee shall submit the HMMPs to CDFW as part of the appropriate Construction Phase Authorization Package (Condition of Approval 6.2) for CDFW’s review and confirmation of consistency with this ITP prior to initiating Covered Activities.

Develop SPCCP and Ensure Stormwater Permit Compliance

Permittee shall ensure compliance with all construction stormwater permitting requirements and shall develop and implement a Spill Prevention, Control, and Countermeasure Plan (SPCCP) at each Project construction site to control short-term and long-term effects associated with construction- generated stormwater runoff.

Address Site-Specific Spill Prevention and Notification Actions

Each SPCCP shall address site-specific actions used to prevent spills and actions that will be taken should any spills occur, including emergency notification procedures.

Scope SPCCP to Oil and Petroleum-Based Products

The SPCCPs shall be developed and implemented to minimize effects from spills of oil or oil- containing products (i.e., gasoline, diesel fuel, motor oil, hydraulic fluid, aviation fuel, oil-based paint, oil-based paint thinner, roofing tar, and petroleum-based solvents) during Project construction and operation.

Train Personnel in Emergency Response and Spill Containment

personnel training in emergency response and spill containment techniques

Store Petroleum Products at Impervious Storage Sites

storage of petroleum products in non-leaking containers at impervious storage sites from which an accidental spills cannot escape

Contain Concrete and Wash Water in Watertight Structures

storage of concrete, wash water, and other contaminants in watertight containment structures

Maintain Spill Containment Materials in Sealed Containers

storing and maintaining spill containment materials such as absorbent pads, pillows, socks, booms, and other spill containment materials in non-leaking sealed containers at the hazardous materials storage sites until transport to an appropriate disposal facility

Use Spill Containment Materials Under Fuel Transfer Areas

using spills containment materials under transfer areas when transferring oil or other hazardous materials from trucks to storage containers

Inspect Water-Contact Equipment Daily for Petroleum Leaks

daily inspection of equipment for oil, grease, and other petroleum products if equipment is in contact with water

Clean Petroleum Products Off Equipment Before Water Contact

cleaning of external petroleum products off of equipment prior to its contact to water

Use Oil-Absorbent Booms Near Water

use of oil- absorbent booms for equipment used in or adjacent to water

Design Staging Areas to Prevent Spill Drainage to Waters

containment of contaminants in staging areas designed so that should an accidental spill occur, contaminants do not drain toward receiving waters or storm drain inlets; and staging of all stationary equipment in appropriate staging areas and positioned over drip pans.

Contain the Source of an Accidental Spill

In the event of an accidental spill, personnel shall identify and secure the source of the discharge and contain the discharge with sorbents, sandbags, or other material from spill kits

Notify CDFW of Accidental Spills Within 24 Hours

and shall contact CDFW and other appropriate regulatory authorities within 24 hours

Submit SPCC Plans to CDFW with Construction Phase Authorization Package

Permittee shall submit the SPCC plans to CDFW as part of the appropriate Construction Phase Authorization Package (Condition of Approval 6.2) for CDFW’s review and confirmation of consistency with this ITP prior to initiating Covered Activities.

Develop and Submit Groundwater Testing and Monitoring Plan

Permittee shall develop a Groundwater Testing and Monitoring Plan to be submitted to CDFW as part of the Pre-implementation Phase Authorization Package (Condition of Approval 6.1) for CDFW’s review and confirmation of consistency with this ITP, prior to the initiation of Covered Activities within the Project Area including the preconstruction, construction, or monitoring Phase(s). The Groundwater Testing and Monitoring Plan shall include but not be limited to the number and location of proposed…

Develop and Submit Underground Well Detection Plan

Permittee shall develop an Underground Well Detection Plan that will be used for the evaluation of the suitability of geophysical techniques to detect buried and abandoned wells. Permittee shall submit the Underground Well Detection Plan to CDFW as part of the Pre-implementation Phase Authorization Package (Condition of Approval 6.1) for CDFW’s review and confirmation of consistency with this ITP prior to the initiation of preconstruction Covered Activities. The Underground Well Detection Plan…

Disclose Detected Wells in Construction Phase Authorization Package

Any buried or abandoned wells identified through implementation of the Underground Well Detection Plan shall be disclosed within the appropriate Construction Phase Authorization Package (Condition of Approval 6.2).

Ensure Stormwater Permit Compliance and Prepare SWPPP

Permittee and its contractors shall ensure compliance with all construction stormwater permitting requirements and shall prepare a stormwater pollution prevention plan (SWPPP) to control short- term and long-term effects associated with construction-generated stormwater runoff to Covered Species, prevent sediment from entering sensitive habitats, and reduce erosion, dust, and other deleterious aspects of Covered Activities.

Meet SWRCB and Central Valley RWQCB Stormwater Requirements

The SWPPP shall include all applicable SWRCB and Central Valley RWQCB requirements regarding construction-generated stormwater collection, detention, treatment, and discharge that will be in place throughout the duration of Covered Activities.

Address Core SWPPP Control Measure Categories

The SWPPP shall include measures that address erosion and sediment control (Condition of Approval 11.26), management of construction materials, waste management measures, water pollution control measures, site dewatering and pipeline testing, accidental spill prevention and response, hazardous materials management plan (Condition of Approval 11.21), site inspection and monitoring, and measures to prevent non-stormwater discharges from reaching surface waters.

Prevent Non-Stormwater Discharges to Surface Waters

measures to prevent non-stormwater discharges from reaching surface waters. Non-stormwater discharge examples include washing vehicles, cleaning streets, or applying erodible landscape material during rain.

Describe Site Conditions, Schedules, Materials, and Training in SWPPP

The SWPPP shall also describe site topographic, soil, and hydrologic characteristics; construction activities and schedules; construction materials to be used, including sources of imported fill material and other potential polluting sources; housekeeping BMPs; BMP site, implementation, and inspection schedules; and ongoing personnel training requirements.

Specify SMARTS Reporting Forms and Records

The SWPPP shall also specify the forms and records that must be uploaded to the State Water Board online [Stormwater Multiple Application and Report Tracking System (SMARTS)] at https://smarts.waterboards.ca.gov, such as quarterly non-stormwater inspection and annual compliance reports.

Submit SWPPP to CDFW with Construction Phase Authorization Package

Permittee shall submit the SWPPP to CDFW as part of the appropriate Construction Phase Authorization Package (Condition of Approval 6.2) for CDFW’s review and confirmation of consistency with this ITP prior to initiating Covered Activities.

Submit and Implement Site-Specific Erosion and Sediment Control Plan

Permittee shall submit the erosion and sediment control plans to CDFW as part of the appropriate Construction Phase Authorization Package (Condition of Approval 6.2) for CDFW’s review and confirmation of consistency with this ITP prior to initiating Covered Activities. Permittee shall implement erosion and sediment control measures during Covered Activities to facilitate visibility during monitoring of the Covered Species by the Designated Biologist(s) and/or Biological Monitor(s). Each…

Maintain Emergency Erosion Control Supplies

maintaining emergency erosion control supplies at all times during construction and replacing used emergency materials within 48 hours

Minimize Disturbance of Terrain and Natural Land Features

minimal disturbance of the terrain and natural land features

Divert Runoff Away from Steep or Denuded Slopes

diverting runoff away from steep, denuded slopes or other critical areas with barriers, berms, ditches, or other facilities

Retain Trees and Vegetation to Stabilize Hillsides

retaining trees and vegetation where practicable to stabilize hillsides, retain moisture, and reduce erosion

Limit Ground Disturbance to Stable Areas

limiting ground disturbance to areas of proven stability

Sequence Clearing to Minimize Soil Disturbance Time

using sequence clearing of native vegetation and soil disturbance to minimize overall time of soil disturbance

Inspect Erosion Controls and Schedule Around Rain Events

implementing construction management and site inspections before, during, and after rain events; scheduling measures to mitigate erosion from rainfall events, runoff, or flooding at construction sites

Install Runoff and Drainage Control Features

installing runoff and drainage control features (e.g., berms and swales, slope drains)

Install Wind Erosion Control Features

installing wind erosion control features (e.g., application of hydraulic mulch or bonded fiber matrix)

Contain Concrete and Wash Water to Protect Surface Waters

use of watertight forms and other containment structures to prevent spills or discharge of raw concrete, wash water, and other contaminants from entering surface waters and other sensitive habitats.

Control On-Site Sediment Transport and Turbidity

Sediment control measures shall include measures to retain sediment transported by on-site run-on or runoff; collect and direct surface runoff at non-erosive velocities to common drainage courses for storage and reuse; use sediment and turbidity areas where ground disturbance is adjacent to surface waters or wetlands; prevent mud tracking;

Cover Stockpiled Excavated Materials Away from Drainage Courses

deposit or store excavated materials away from drainage courses and keep them covered when stored over five days or within 48 hours of a forecasted rain event.

Replace or Upgrade Drainage Facilities to Minimize Erosion

Additional replacement of or upgrades to drainage facilities shall be implemented to avoid and minimize erosion.

Repave Construction-Damaged Pavement to Prevent Erosion

Paved areas damaged by construction activities shall be repaved to avoid erosion due to pavement damage.

Obtain CDFW Approval for Erosion Control Stabilization Measures

Permittee shall submit proposed erosion control stabilization measures to CDFW as part of the Erosion and Sediment Control Plan (Condition of Approval 11.26) or separately within the appropriate Construction Phased Authorization Package (Condition of Approval 6.2) for review and written approval prior to initiating Covered Activities.

Prohibit Monofilament and Synthetic Netting for Erosion Control

Permittee shall not use plastic monofilament netting or similar material such as nylon or netting with cross joins that are bound or stitched (such as straw wattles, fiber rolls, or erosion-control blankets) in the Project Area for erosion control to avoid entanglement, strangling, or entrapment of Covered Species. Permittee shall not use products that use photodegradable or biodegradable synthetic netting.

Use Approved Erosion Control Material Composition and Installation

Any geo-textile material or filter fabric used within Project construction sites shall not contain any petroleum-based products without prior written approval from CDFW. Acceptable materials include natural fibers such as jute matting, coconut, twine, or other similar fibers or tackified hydroseeding compounds with native seed mix. All material used within or adjacent to Project construction sites shall be free of invasive plant propagules. No geotextile fabrics shall be placed where they may…

Include Erosion Control Material Standard in Contractor Bid Specifications

Permittee shall communicate this measure to Project contractor(s) throughout specifications or special provisions included in the construction bid solicitation package.

Consult 72-Hour Weather Forecasts Before Sediment-Risk Activities

Permittee shall consult 72- hour weather forecasts from the National Weather Service prior to startup of Covered Activities within a construction site that may result in sediment runoff to any source of water.

Delay Sediment-Risk Activities Until Erosion Controls Are Complete

Permittee may not start Covered Activities within a construction site that may cause the introduction of sediments into a waterway if the erosion control measures applicable to that construction site cannot be completed prior to the onset of a rain event (rainfall exceeding 0.25 inches during a 24-hour period).

Monitor and Repair Erosion Controls Around Rain Events

The Designated Biologist(s) and/or Biological Monitor(s) shall monitor erosion control measures before, during, and after each rain event, and Permittee shall repair and/or replace ineffective measures immediately.

Prohibit Monofilament Netting Site-Wide

Permittee shall prohibit the use of plastic monofilament netting (erosion control matting) or similar material on the Project Site for exclusionary fencing, non-disturbance buffers, environmentally sensitive areas (ESAs), erosion control (see Condition of Approval 11.27), or any other purpose, to avoid entanglement hazards to Covered Species.

Submit Fugitive Dust Control and Monitoring Plan

Permittee shall identify measures within a Fugitive Dust Control and Monitoring Plan and submit the Plan to CDFW as part of the appropriate Construction Phase Authorization Package(s) (Condition of Approval 6.2).

Implement Construction-Area Fugitive Dust BMPs

Permittee shall implement fugitive dust control measures and enhanced dust control measures at all construction and staging areas to reduce construction-related fugitive dust.

Plant Vegetative Ground Cover After Construction

planting and watering vegetative ground cover (native grass/plant seed) in disturbed areas (including stockpiles) after construction is completed

Limit Vehicle Speed on Unpaved Roads to 10 MPH

limiting vehicle speeds on unpaved roads to 10 miles per hour

Finalize and Obtain CDFW Approval of MMMP

Permittee shall work collaboratively with CDFW to incorporate comments into the draft plan and submit the final MMMP to CDFW for review and approval a minimum of one year prior to initiating any in-water Covered Activity.

Conduct Baseline and Annual In-Water Mercury Monitoring

The MMMP shall include but not be limited to methodology to evaluate baseline water quality conditions prior to construction to characterize mercury sources and concentrations of mercury, methylmercury, organic carbon, iron, and sulfate at the Project construction site and include mercury monitoring measures to be implemented during in-water Covered Activities to evaluate any changes resulting from Covered Activities.

Report Mercury Monitoring Results to CDFW

Information obtained through implementation of the MMMP shall be reported in the Monthly Compliance Report (Condition of Approval 10.12) and summarized in the Annual Status Report (Condition of Approval 10.13).

Submit Over-Water Geotechnical Exploration Description for CDFW Approval

Permittee shall submit a description of all over- water geotechnical exploration activities to CDFW as part of the Pre-implementation Phase Authorization Package (Condition of Approval 6.1) to be reviewed and approved prior to the initiation of preconstruction activities. Information provided to CDFW shall include the description of the activities to be undertaken, number of exploratory sites, spatial extent of over- water activities, exploration depth for each exploration, and minimization…

Restrict Geotechnical Exploration to Aug 1–Oct 31 Window

Permittee shall only conduct over-water geotechnical exploration from August 1 – October 31.

Enforce Daily Sunset-to-Sunrise In-Water Work Curfew

Permittee shall terminate all in-water exploratory activities 30 minutes before sunset and shall not resume until 30 minutes after sunrise, consistent with Condition of Approval 11.32.

Restrict In-Water Construction to June 1–Oct 31 Window

Permittee shall only conduct in-water Covered Activities associated with construction or modification of bridges over Snodgrass Slough at Hood-Franklin Road and at Burns Cut near Port of Stockton from June 1 – October 31

Cap Impact Pile Driving Within Table 4–6 Limits

Permittee shall not exceed the limits on pile driving identified in Tables 4 - 6 below and as approved by CDFW in the pile driving plan (Condition of Approval 11.34).

Allow Year-Round Pile Driving Inside Cofferdams or Training Walls

Permittee may conduct in-water impact pile installation at any time of year if it occurs 1) within a cofferdam, or 2) behind the sheet pile training walls, and in either case, only if Permittee conducts in-channel acoustic monitoring to verify that generated sound thresholds do not exceed the 150-decibel (dB) behavioral criterion at 10 meters from the cofferdam or sheet pile training walls, as described in the CDFW-approved underwater sound abatement plan provided in Condition of Approval…

Permit Shoulder-Season Pile Driving With Noise Attenuation

Permittee may conduct in-water impact pile driving (i.e., outside of a cofferdam or sheet pile walls) at the north Delta intakes from May 16 – May 31 and November 1 – November 15 if bubble curtains or other measures for noise attenuation demonstrate that an equivalent level of protection can be achieved as during the June 1 – October 31 work window and real-time monitoring of Covered Species demonstrates absence in the work area, and as approved in writing by CDFW.

Verify Sound Below 150 dB Outside the Work Window

In-channel acoustic monitoring is required to verify that generated sound thresholds do not exceed the disturbance threshold of 150 dB at 10 meters from source.

Submit In-Water Pile Driving Plan for CDFW Approval

Permittee shall provide information regarding planned in-water pile driving, including the site location(s), schedules, work activities, anticipated effects to water quality or Covered Species, and communications with other agencies and organizations with site-specific details regarding any temporary partial channel closures within the appropriate Construction Phase Authorization Package (Condition of Approval 6.2) for CDFW review and written approval, prior to initiating in- water Covered…

Notify CDFW 60 Days Before In-Water Maintenance

After construction, Permittee shall notify CDFW 60 days before beginning any in-water maintenance activities and provide information including the site location(s), schedules, work activities, anticipated effects to water quality or Covered Species, and communications with other agencies and organizations with site-specific details regarding any temporary partial channel closures, and obtain CDFW’s written approval before proceeding.

Enforce Daily Sunset-to-Sunrise In-Water Work Curfew

Permittee shall terminate all in-water Covered Activities during all Project phases (i.e., preconstruction, construction, and maintenance) 30 minutes before sunset and shall not resume until 30 minutes after sunrise.

Restrict Pile Driving to 7 AM–7 PM

Additionally, pile driving shall not occur before 7:00 a.m. or after 7:00 p.m.

Develop and Implement Underwater Sound Abatement Plan

Permittee shall coordinate with CDFW to develop an underwater sound abatement plan outlining specific measures to avoid and minimize the effects of underwater construction noise on Covered Fish Species. The underwater sound abatement plan shall be provided to CDFW as part of the appropriate Construction Phase Authorization Package (Condition of Approval 6.2) for review and written approval prior to initiating Covered Activities. Permittee shall not initiate in-water Covered Activities until the…

Deploy Noise-Attenuation Equipment for Impact Pile Driving

Equipment to minimize underwater noise generated by impact pile driving shall include using vibratory rather than impact pile driving equipment where feasible; noise attenuation with pile caps (e.g., wood or micarta), bubble curtains, air-filled fabric barriers, or isolation piles; or installation of piling-specific cofferdams.

Monitor Work Area for Distressed or Injured Fish

Monitoring the in-water work area for fish that may be showing signs of distress or injury as a result of pile driving activities and stopping work when distressed or injured fish are observed, for example, if injured fish are seen floating near the surface.

Apply Soft-Start Sequence to Impact Pile Driving

Initiating impact pile driving with a “soft-start” where feasible, such that pile strikes are initiated at reduced impact and increase to full impact over several strikes to provide fish an opportunity to move out of the area. Specifically, “soft-start” requires Permittee to initiate pile driving at less than full impact force for a period of 15 seconds followed by 30 seconds of no activity for all in-water piles or piles that occur within 200 linear feet of the water’s edge. This action shall…

Provide Fish Escape Route for Multiple Pile Driving Rigs

If more than one pile driving rig is employed, ensuring pile driving activities are initiated in a way that provides an escape route to avoid “trapping” fish between pile drivers in waters exposed to underwater noise levels that could potentially cause injury.

Report Hydroacoustic Threshold Exceedances Within One Business Day

Reporting exceedances of hydroacoustic thresholds to CDFW within one business day of any exceedance and implementing corrective actions as determined through coordination with CDFW.

Report Hydroacoustic Results in Compliance and Status Reports

The results of hydroacoustic monitoring shall be made available to CDFW upon request and submitted in the appropriate Monthly Compliance Report (Condition of Approval 10.12) and Annual Status Report (Condition of Approval 10.13).

Conduct Two-Hydrophone Hydroacoustic Monitoring Per Site

Procedures for hydroacoustic monitoring shall be consistent with the California Department of Transportation 2020 Technical Guidance for the Assessment of Hydroacoustic Effects of Pile Driving on Fish. Hydroacoustic monitoring shall at a minimum consist of two hydrophones used at each site to monitor in-water Covered Activities. Hydrophones shall be calibrated prior to deployment and maintained with best management practices. All hydrophones shall be placed at least 1 meter below the water…

Maintain Injury Thresholds During the Construction Work Window

Injury threshold for fish of all sizes includes a peak sound pressure level (SPL) of 206 dB relative to 1 micropascal; • Injury threshold for fish less than 2 grams is 183 dB relative to 1 micropascal cumulative sound exposure level (SELcumulative); and • Injury threshold for fish greater than or equal to 2 grams is 187 dB relative to 1 micropascal SELcumulative.

Maintain Disturbance Threshold Outside the Work Window

Disturbance threshold for fish of all sizes is 150 dB root mean square relative to 1 micropascal.

Coordinate CDFW/NMFS/USFWS Time-of-Day Pile Driving Restriction

Restricting impact pile driving activities to specific times of the day and for a specific duration to be determined through coordination with CDFW, NMFS, and USFWS and subject to CDFW approval.

Submit Pile Driving Plan for CDFW Approval

Permittee shall submit the pile driving plan to CDFW as part of the Pre-implementation Phase Authorization Package (Condition of Approval 6.1) for review and written approval prior to initiating Covered Activities.

Develop and Obtain CDFW Approval of Fish Salvage Plan

Permittee shall not initiate Covered Activities until the final fish salvage plan is approved in writing by CDFW.

Notify CDFW Before Dewatering or Fish-Isolating Activities

CDFW at least seven days prior to site-specific dewatering activities that are expected to require fish salvage or prior to an anticipated activity that could result in isolating fish, such as installation of a cofferdam.

Exclude, Capture, Hold and Release Fish During Salvage

Appropriate site-specific procedures for excluding fish from construction zones, removing fish from construction zones should they become trapped, and preventing fish from reentering construction zones prior to dewatering based on site-specific conditions and construction methods.

Train and Staff Fish Salvage Teams with a Biologist

Requirement that each fish salvage team conducting fish salvage efforts have at least one Designated Fisheries Biologist. Safety training for fish rescue workers shall be provided prior to accessing the work site.

Preserve and Deliver Dead Covered Fish Specimens to CDFW

The Designated Fisheries Biologist(s) shall place dead Covered Fish Species in sealed plastic bags with labels indicating species, location, date, and time of collection, store them on ice, freeze as soon as possible, and provide the frozen specimens to CDFW.

Report Fish Salvage Results in Annual Status Report

Permittee shall describe implementation of the fish salvage plan and provide a summary of the results of the fish salvage operations (including date, time, location, comments, method of capture, fish species, number of fish, approximate age, condition, release location, and release time) to CDFW as part of the Annual Status Report (Condition of Approval 10.13).

Provide CDFW Site Access During Fish Salvage Activities

Provide CDFW with unrestricted access to construction sites for the duration of implementation of the fish salvage plan and fish salvage activities.

Develop and Obtain CDFW Approval of Barge Operations Plan

submit the final Barge Operations Plan to CDFW for review and approval a minimum of one year prior to initiating any in-water Covered Activity.

Operate Vessels per Barge Operations BMPs

Limit vessel speeds to maintain wake heights of less than two feet at shore to minimize the potential for vessel wakes to strand Covered Species and the effects of wakes on unarmored or vegetated banks.

Train Tugboat and Barge Operators

Ensure that tugboat and barge operators are trained to minimize impacts on Covered Species’ habitats such as reducing the effects of wake on vegetated banks.

Inspect In-Water Equipment for Invasive Species Before Deployment

The Designated Biologist(s) or Fisheries Biologist(s) shall conduct visual inspections for invasive aquatic species on all in-water equipment, such as barges and small work boats, prior to equipment deployment into a waterway.

Report Detected Invasive Species to CDFW Within 24 Hours

If the Designated Biologist(s) or Fisheries Biologist(s) detects the presence of invasive aquatic species on equipment, the Permittee shall report the presence to CDFW within 24 hours and follow quarantine guidelines as provided by CDFW prior to the equipment entering a waterway.

Monitor Barge Loading, Unloading and Geotechnical Activities

Observe barge operation activities including loading and unloading.

Report Vessel Groundings and Plan Deviations Within 24 Hours

Report to CDFW within 24 hours any vessel grounding and deviations from the barge operations plan, and barge operations that could have resulted in the disturbance of bottom sediments, damage to riverbanks, loss of submerged, emergent, or riparian vegetation or impacts to Covered Species.

Summarize Annual Barge Monitoring in the Annual Status Report

Provide summary information on monitoring observations over the course of each year, including an evaluation of the plan performance measures.

Survey Riverbank and Vegetation Conditions at Barge Sites

Visit each site requiring barges to determine the extent of emergent and riparian vegetation, bank conditions, and general site conditions during the growing season prior to initiation of construction activities, during construction, and then annually for up to five years after construction.

Restore Riverbanks Eroded by Barge Operations

If barge operations result in 20% or more of a bank eroding, Permittee shall hire a qualified restoration specialist to restore the eroding bank.

Report Vessel Fuel Spills to CDFW Spill Prevention Office

In the event of fuel spill, vessel operators shall contact the CDFW Office of Spill Prevention and Response immediately at 800-852-7550 or 800-OILS-911 (800-645-7911) to report the spill.

Develop and Obtain CDFW Approval of Dewatering Plan

Permittee shall submit the dewatering plan to CDFW as part of the appropriate Construction Phase Authorization Package (Condition of Approval 6.2) for review and approval prior to initiation Covered Activities.

Screen Dewatering Pump Intakes to Prevent Fish Entrainment

Permittee shall screen dewatering pump intakes to prevent entrainment of fish in accordance with screening criteria for salmonid fry found in the NMFS 1997 Fish Screening Criteria for Anadromous Salmonids.

Station Fisheries Biologist Onsite to Rescue Fish During Dewatering

During dewatering activities at the north Delta intakes or during any other dewatering activity that could potentially impact Covered Fish Species, a Fisheries Biologist(s) shall remain onsite to observe the process and remove Covered Species that were not successfully salvaged prior to dewatering (see Condition of Approval 11.35).

Halt Dewatering When Water Levels Drop Too Quickly for Salvage

Permittee shall temporarily stop dewatering if the Fisheries Biologist(s) or CDFW personnel determine that water levels may drop too quickly to allow successful fish salvage.

Notify CDFW When Fish Salvage Is Complete

The Fisheries Biologist(s) shall notify Permittee and CDFW within one business day when the fish salvage has been completed and construction can recommence.

Develop and Obtain CDFW-Approved Species Survey Protocols

Protocols shall be finalized and approved in writing by CDFW prior to initiation of any Covered Activity including but not limited to preconstruction field investigation activities or preconstruction species site surveys necessary for Construction Phase Authorization.

Avoid Suitable CTS Habitat and Confine the Work Footprint

suitable CTS habitat identified and delineated in accordance with CDFW-approved protocols (Condition of Approval 11.38) shall be completely avoided.

Maintain No-Activity Buffer Around CTS Refuge Sites

Permittee shall prohibit Covered Activities within a 75-foot radius of that refuge (no-activity buffer) until the Designated Biologist(s) is contacted and on-site.

Notify Designated Biologist of CTS Encounters

All Project personnel shall inform the Designated Biologist(s) if they encounter CTS, or a salamander resembling CTS, within the Project construction site or 75 feet beyond the Project construction site, or on access roads during, all phases of Covered Activities.

Observe 10 MPH Speed Limits in CTS Habitat and Near Burrows

Project-related vehicles shall observe a speed limit of 10 miles per hour within suitable CTS habitat prior to ground clearance. After ground clearance, the speed limit shall be observed within 300 feet of suitable aquatic habitat or 75 feet from a flagged burrow, except on roads where 10 miles per hour would unsafely impede the normal flow of traffic.

Post 10 MPH Speed Limit Signage on Nonpublic Project Roads

A vehicle speed limit of 10 miles per hour shall be posted on all nonpublic construction and access roads where the speed limit is required.

Demarcate 300-Foot No-Activity Buffer Around CTS Breeding Habitat

Permittee shall demarcate a no-activity buffer of at least 300 feet around the suitable aquatic breeding habitat and avoid Covered Activities within the suitable aquatic breeding habitat and no-activity buffer.

Restrict Unavoidable Breeding-Habitat Work to the Dry Season

Permittee shall restrict Covered Activities to the dry season of July 15 – October 15 (Condition of Approval 11.44).

Coordinate with CDFW on Breeding Habitat Buffer Encroachment

Where suitable aquatic breeding habitat cannot be avoided by 300 feet, Permittee shall notify and coordinate with CDFW to implement site-specific avoidance and minimization measures through the appropriate Phase Authorization Package (Condition of Approval 6.2). Permittee shall consult with CDFW to develop further habitat protection measures at the Bethany Complex site to maintain connectivity between breeding habitat and suitable upland habitat and ensure impacts to breeding habitat are fully…

Station Biologist During Site Selection, Access and Set-Up

The Designated Biologist(s) and/or Biological Monitor(s) shall be present during selection of the preconstruction activity sites, construction sites, and maintenance areas, ingress and egress to these sites, and during set-up activities to guide workers to avoid visible burrows, cracks, crevices, vegetation, or other suitable habitat features until avoidance routes are clearly established.

Flag Occupied Burrows With 75-Foot No-Activity Buffers

The Designated Biologist(s) and/or Biological Monitor(s) shall flag potentially occupied burrows to be avoided by a 75-foot radius no-activity buffer or shall designate and flag areas within the site and ingress/egress routes that avoid potentially occupied burrows.

Conduct Daily Preconstruction Burrow Surveys

The Designated Biologist(s) and/or Biological Monitor(s) shall conduct daily surveys prior to the start of Covered Activities each day to check for burrows within the work site.

Confine Heavy Equipment to Approved Access Routes

Permittee shall confine movement of heavy equipment to existing or CDFW-approved access roads or to locations at least 75 feet from flagged burrows. Vehicles shall follow the shortest possible routes from existing roads to the work site and shall follow speed limits consistent with Condition of Approval 11.11.

Restore Temporarily Disturbed CTS Habitat With Native Vegetation

Permittee shall restore temporarily disturbed habitat with appropriate native vegetation in accordance with the Restoration and Revegetation Plan (see Condition of Approval 12.3.3).

Submit CTS Preconstruction Survey Results to CDFW for Approval

Permittee shall submit the CTS preconstruction survey results to CDFW as part of the appropriate Construction Phase Authorization Package for written approval.

Report Annual Construction-Phase CTS Surveys to CDFW

Subsequent survey efforts conducted during the construction phase(s) shall occur each year Covered Activities are expected to occur in CTS habitat or within 75 feet of the habitat, unless otherwise approved by CDFW, and shall be reported to CDFW by the Permittee within the Monthly Compliance Reporting (Condition of Approval 10.12) and summarized within each Annual Status Report (Condition of Approval 10.13).

Complete Walking Clearance Survey Before Clearing or Ground Disturbance

The Designated Biologist(s) and/or Biological monitor(s) shall complete walking surveys of the Project construction site for CTS before the start of any vegetation clearing or ground disturbing Covered Activities (e.g., soil deposition areas; preconstruction activities such as field investigations; SCADA, transmission line, or access road construction, maintenance, or improvement sites; or exclusion fence installation and repair sites) by completing nocturnal walking or cover-board surveys in…

Monitor Initial Grading and Excavation for CTS

The Designated Biologist(s) and/or Biological Monitor(s) shall follow earthmoving equipment to look for CTS during initial site grading. All ruts and holes near root structures, foundations, abutments, etc. shall be inspected for CTS prior to and during excavation or removal.

Prepare CDFW-Consulted Preconstruction Watering Protocol

Permittee shall prepare in consultation with CDFW a preconstruction watering protocol and submit the protocol as part of the appropriate Construction Phase Authorization Package (Condition of Approval 6.2) describing the methodology to be used to stimulate CTS emergence from burrows on permanently impacted Project construction sites.

Conduct Morning Survey and Relocate CTS After Burrow Watering

The Designated Biologist(s) and/or Biological Monitor(s) shall survey the area each morning following watering. The Designated Biologist(s) shall relocate any CTS according to the CTS Relocation Plan (Condition of Approval 11.51).

Avoid Removing Vegetation Within Burrows and Refugia

Permittee shall not remove vegetation within avoidable burrows, burrow complexes, and suitable refugia to the greatest extent practicable.

Mow in a Non-Concentrating Pattern During Dry Daytime Conditions

Mowing shall occur in rows in a pattern that would not concentrate animals in the center of the construction site and shall only occur during the day in dry conditions (no rain within the past 24 hours) when the Designated Biologist(s) and/or Biological Monitor(s) determines CTS is unlikely to be aboveground.

Obtain CDFW Approval for Non-String-Trimmer Mowing Equipment

Any request by Permittee to use other mowing equipment shall be subject to CDFW written approval (e.g., in locations that are not near refugia and burrow complexes).

Monitor Mowing Operations for Emerging CTS

The Designated Biologist(s) and/or Biological Monitor(s) shall walk in front of the mower and monitor for CTS escaping out of burrows. If CTS is found, mowing shall cease until the CTS is relocated by the Designated Biologist(s) only in accordance with the CTS Relocation Plan (Condition of Approval 11.51).

Submit Site-Specific Exclusion Barrier Design for CDFW Approval

Permittee shall submit site-specific CTS exclusion barrier design and location details to CDFW as part of the appropriate Construction Phase Authorization Package based on preconstruction survey results (see Condition of Approval 11.42).

Install and Maintain High-Visibility CTS Exclusion Barrier

Permittee shall install a high visibility exclusion barrier to prevent CTS from dispersing into the Project construction site. Permittee shall place the barrier along the perimeter of the construction footprint for any site within or 300 feet of any suitable CTS upland or aquatic habitat, or as approved by CDFW. The barrier shall be maintained by the Permittee throughout all construction activities.

Build Exclusion Barrier to Required Fencing Specifications

The barrier shall consist of taut wildlife exclusion fencing supported by stakes at least 24 inches tall above the soil surface and buried to a depth of 6-12 inches below the soil surface; and shall be constructed with a top climber barrier lip so that CTS cannot scale and go over the barrier into the Project construction site. Fencing that is overlapped to connect different sections of material shall be sealed in a manner that does not allow CTS to become entrapped. Permittee shall design the…

Prohibit Plastic Monofilament Netting in the Exclusion Barrier

Permittee shall not use plastic monofilament netting for the exclusion barrier (see Condition of Approval 11.28).

Keep Exclusion Barrier Access Gates Closed When Not in Use

Permittee shall instruct Project personnel to ensure access gates are securely closed when not in use. If access gates are left open and unattended, the Designated Biologist(s) and/or Biological Monitor(s) shall have the authority to stop Covered Activities until CTS surveys are repeated (Condition of Approval 11.42), any CTS found are relocated from the construction site (Condition of Approval 11.51), and additional burrows are checked and the entrances blocked by the designated Biologist(s)…

Monitor Exclusion Barrier Installation and Ongoing Integrity

The Designated Biologist(s) and/or Biological Monitor(s) shall inspect the area prior to and during installation of exclusion fencing, including during trenching, vehicular access, erecting fencing material, installing posts, and any other activity requiring vehicle or foot traffic in suitable habitat. If CTS or new burrows are discovered during installation of the exclusion barrier, the Designated Biologist(s) and/or Biological Monitor(s) shall have the authority to stop construction until new…

Repair Exclusion Barrier Defects Within 24 Hours

Permittee shall maintain and repair the barrier immediately (within 24 hours) to ensure that it is functional and without defects.

Conduct Clearance Survey Before Reinitiating Activities After Barrier Repair

After the barrier is repaired, the Designated Biologist(s) shall conduct a survey using CDFW-approved protocol (see Condition of Approval 11.38) within 24 hours (1 calendar day) prior to reinitiation of Covered Activities and carefully search potential hiding spots, such as along exclusion fence and in pipes, culverts, or other similar structures, trenches, large downed woody debris, and beneath vehicles or equipment before they are moved (see Conditions of Approval 9.12, 11.14, and 11.15).

Provide Refuge Cover and Maintain Vegetation Along the Barrier

Permittee shall provide refuge opportunities such as natural cover objects (such as fallen logs and branches), artificial cover boards, or leaf litter along or near both sides of the barrier. Permittee shall avoid damage to burrows to the maximum extent possible during installation and monitoring of the exclusion fencing (see Condition of Approval 11.49). Permittee shall maintain vegetation within three feet of the edge of the exclusion barrier away from the Project construction site at a…

Limit Ground-Disturbing Work to CTS Dry-Season Window

Permittee shall limit ground-disturbing Covered Activities in suitable upland habitat and aquatic habitat involving construction and heavy equipment use (such as excavation, road construction, grading, trenching, pipe and culvert installation) to the period of July 15 to October 15 of each year (dry season).

Monitor NWS 72-Hour Rain Forecast Before Site Work

Permittee and Designated Biologist(s) and/or Biological Monitor(s) shall monitor the 72-hour weather forecasts from the National Weather Service (NWS) prior to the start of work at any Project construction site.

Cease Construction on 30% Rain Forecast Near CTS Breeding Sites

Construction activities, including all ground disturbance or vegetation clearing, shall cease 24 hours prior to a 30 percent (30%) or greater forecast of rain from the NWS. Construction activities may continue 24 hours after the rain ceases and once there is a zero percent chance of precipitation in the 72-hour forecast.

Survey Project Site Before Work on Rain-Forecast Days

The Designated Biologist(s) and/or Biological Monitor(s) shall survey each Project site before construction begins on each day any rain is forecasted.

Assess CTS Active Season Yearly at Each Construction Site

CTS active season is defined as the period of time during which CTS are aboveground. The period is geographically and temporally variable and shall be assessed by the Designated Biologist(s) and/or Biological Monitor(s) on each Project construction site and on a yearly basis.

Restrict Covered Activities to Daylight Hours in CTS Active Season

During the CTS active season or within 300 feet of suitable CTS aquatic habitat, Permittee shall terminate all Covered Activities not encircled by an exclusion barrier, including use and/or construction of access roads for preconstruction activities, SCADA and transmission line construction and maintenance, and facility maintenance no less than 30 minutes before sunset and shall not resume Covered Activities until 30 minutes after sunrise. Permittee shall use sunrise and sunset times…

Restrict Night-Work Lighting to Worker Safety Uses

If night work is required within a Project construction site after exclusion barriers have been installed, Permittee shall not use artificial lighting unless it is needed for worker safety. Where artificial lighting is required for worker safety, Permittee shall follow night lighting provisions in Condition of Approval 11.8.

Survey Burrows and Halt Work on Night-Lighting Spillover

If light spillover occurs within 300 feet of suitable CTS habitat during night work, the Designated Biologist(s) and/or Biological Monitor(s) shall be present to survey CTS burrows in portions of the 75- foot no-activity buffer (see Condition of Approval 11.39) to ensure CTS movement is not inhibited by artificial lighting. If CTS is found aboveground, the Designated Biologist(s) and/or Biological Monitor(s) shall have the authority to stop Covered Activities until the light is directed away…

Confine Clearance Work to Minimal Disturbance Area

Permittee shall confine ground disturbance activities that could result in take of CTS (clearance work) to the most minimal area necessary to conduct Covered Activities and shall not initiate clearance work until after exclusion fencing is installed (Condition of Approval 11.43).

Monitor CTS Hiding Spots Onsite During Clearance Work

The Designated Biologist(s) and/or Biological Monitor(s) shall be onsite during clearance work and shall check potential CTS hiding spots (see Condition of Approval 11.49).

Conduct CTS Surveys Before and During Each Workday

The Designated Biologist(s) and/or Biological Monitor(s) shall conduct CTS surveys prior to initiation of any Covered Activity within a Project construction site and regularly throughout the workday when Covered Activities are occurring within CTS habitat. If clearance work is conducted at night, the Designated Biologist(s) and/or Biological Monitor(s) shall conduct an additional CTS survey no more than two hours after sunrise on the subsequent day using the CDFW-approved protocol (Condition of…

Stop Work on CTS Discovery Inside Exclusion Fencing

If CTS is discovered inside the exclusion fencing along the Project site boundary, the Designated Biologist(s) and/or Biological Monitor(s) shall have the authority to stop Covered Activities until the CTS is relocated in accordance with the CTS Relocation Plan (Condition of Approval 11.51) and appropriate corrective measures are implemented to ensure CTS cannot enter the construction site.

Avoid Disturbing Burrows Outside Direct-Disturbance Areas

Permittee shall avoid disturbing any known or potential CTS burrows unless they are in an area of direct disturbance (e.g., grading or excavation areas) or their location poses a risk of direct harm to CTS individuals.

Monitor and Temporarily Block Vacant Burrows

Burrows in an area of temporary disturbance shall remain intact and the Designated Biologist(s) shall monitor to determine vacancy, then block the entrance by installing an object approved in advance, in writing by CDFW, to prevent CTS from entering and using the burrow during Covered Activities. The Designated Biologist(s) shall remove the object immediately after Covered Activities are completed in that work site when the Designated Biologist(s) has determined that potential resumed use of…

Hand Excavate Unavoidable Burrows Before Trenching

When the Permittee cannot avoid burrows in areas of direct ground disturbance or in a location posing a risk of direct harm to CTS, they shall be hand excavated by the Designated Biologist(s) prior to trenching activities (see condition of Approval 11.49.2) and any CTS found during excavation shall be relocated according to the CTS Relocation Plan (see Condition of Approval 11.51).

Monitor Exclusion Fencing Installation and Block Extending Burrows

Following excavation, the Designated Biologist(s) shall block holes or burrows which appear to extend under exclusion fencing (see Condition of Approval 11.43) to minimize CTS movement into the Project construction site. The Designated Biologist(s) shall be on-site during installation of fencing to relocate any CTS outside of the work area following the CTS Relocation Plan (Condition of Approval 11.51).

Flag Burrows and Habitat Features Before Earthmoving

The Designated Biologist(s) and/or Biological Monitor(s) shall identify and flag all potential burrows, soil cracks, crevices, or other habitat features that are outside of the area planned for direct disturbance (e.g., grading, excavation, etc.) and within the Project construction site no less than five days prior to earthmoving activities in those areas.

Establish 75-Foot No-Activity Buffer Around Flagged Burrows

Permittee shall establish a 75-foot radius no-activity buffer around flagged burrows to be avoided, as feasible.

Monitor and Block Burrows That Cannot Be Buffered

If burrows cannot be avoided by a no-activity buffer and are within suitable upland habitat, Permittee shall monitor to determine vacancy and block burrows for the duration of Covered Activities.

Hand Excavate Refuge Features by Designated Biologist Only

All excavation of potential refuge features, including burrows, individual rocks and rock piles, and other accessible features with an entrance diameter of greater than or equal to 0.5 inches, as well as gopher digging piles and mounds, shall be carried out by the Designated Biologist(s). Burrows shall be excavated by hand to the terminus of each burrow branch or until the burrow diameter is less than 0.5 inches.

Capture, Handle, and Transport CTS Under CDFW Protocols

Prior to handling and relocation, the Designated Biologist(s) and Biological Monitor(s) shall take precautions to prevent introduction of amphibian diseases in accordance with the 2003 Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander,40 or the most recent guidance approved by CDFW. If any person discovers a CTS in the Project construction site that cannot move away from Covered Activities on its own, only the…

Prepare and Submit CTS Mortality Reduction and Relocation Plan

Permittee shall prepare a CTS Mortality Reduction and Relocation Plan (CTS Relocation Plan) and submit it to CDFW for written approval as part of the appropriate Construction Phase Authorization Package (see Condition of Approval 6.2) prior to initiating Covered Activities. The Relocation Plan shall include, but is not limited to, the name(s) of the Designated Biologist(s) who will relocate CTS individuals, methods for hand excavation of burrows that cannot be avoided during Covered Activities;…

Notify Designated Biologist of CTS Found in Site or Buffer

If CTS is found within a construction site or 75 feet beyond the construction site (75-foot boundary), Project personnel shall notify the Designated Biologist(s) immediately.

Relocate Threatened CTS Under Numbered Placement Parameters

If CTS is encountered within a Project construction site, it is directly threatened by Covered Activities, and it is unable to move to a safe area of its own volition, the Designated Biologist(s) shall relocate CTS to a safe area using the following parameters: (1) CTS shall not be relocated to sites that already contain populations of CTS; (2) CTS shall not be relocated to areas where non-native tiger salamanders or hybrids are within the maximum CTS migration distance (i.e., ≤ 1.3 miles); (3)…

Release Relocated CTS Into Suitable Burrows One at a Time

No Project personnel shall capture and/or handle CTS except the Designated Biologist(s). The Designated Biologist(s) shall determine whether the CTS should be captured and handled and shall relocate any CTS within the Project construction site impacted by Covered Activities to an active ground squirrel or other rodent burrow system or appropriate breeding pond as soon as possible. If burrow density allows, the Designated Biologist(s) shall only release one animal per burrow, and shall not…

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.

Release CTS With Minor, Survivable Injury

If the injury is minor or healing and the salamander is likely to survive as determined by the Designated Biologist(s), the salamander shall be released immediately in accordance with the CTS Relocation Plan (Condition of Approval 11.51).

Transport Seriously Injured CTS to Rehabilitation Facility

If it is determined that the CTS individual has major or serious injuries as a result of Project-related activities, the Designated Biologist(s) shall immediately take it to the nearest CDFW-approved wildlife rehabilitation or veterinary facility. If taken into captivity, the individual shall remain in captivity and not be released into the wild unless it has been kept in quarantine and the release is authorized by CDFW and USFWS. Permittee shall bear any costs associated with the care or…

Document Injury Circumstances in Written Incident Report

The circumstances of the injury, the procedure followed, and the final disposition of the injured animal shall be documented in the written incident report as described in Condition of Approval 11.52.4).

Preserve and Label Tissue Sample and Carcass of Deceased CTS

a 0.5-inch portion of the tail tip shall be removed and placed in a labeled tissue tube with 95% ethanol. The carcass shall be immediately bagged, labeled, and preserved in a freezer. The label shall include time and date, GPS location, circumstances surrounding death (if known), and ITP tracking number.

Consult CDFW on Disposal of Deceased CTS Specimen

CDFW shall be consulted regarding specimen disposal.

Submit Written CTS Take/Injury Incident Report to CDFW

Permittee shall send CDFW a written incident report within two business days of the discovery. The report shall include the date and time of the finding or incident, GPS location of the CTS, photographs of the location and the CTS, circumstances around the cause of take or injury, and any other pertinent information.

Prohibit Introduction of Predatory Fish and Amphibians Near CTS Habitat

Permittee shall not introduce predatory fishes (including but not limited to largemouth bass, redear sunfish, bluegill, catfish, mosquitofish, and fathead minnows) or amphibians (including but not limited to bullfrogs, barred tiger salamanders, and Arizona tiger salamanders) within 1.3 miles of suitable aquatic/breeding CTS habitat.

Notify CDFW of Barred Tiger Salamander or Hybrid Detection

Permittee shall notify CDFW if a barred tiger salamander (Ambystroma tigrinum mavortium) or CTS-non-native salamander hybrids are found within the Project construction site within one business day of detection.

Consult CDFW on Non-Native or Hybrid Salamander Measures

Permittee shall consult with CDFW to determine measures to address non-native or hybrid populations.

Establish and Maintain ESA Fencing Around GGS Habitat

Permittee shall establish Environmentally Sensitive Areas (ESAs) in each Project construction site to minimize disturbance of GGS habitat from construction-related activities to the greatest extent practicable. Permittee shall erect ESA fencing around suitable GGS habitat as directed by the Designated Biologist(s). ESAs shall be demarcated by tying high visibility poly wire to stakes placed every six feet along the ESA boundary. The high visibility poly wire shall be raised at least four…

Post and Maintain ESA Identification Signage

Permittee shall also post and maintain signs identifying the ESAs every 50 feet along the edge of suitable GGS habitat and ensure signs are clearly visible and recognizable to Project personnel.

Identify and Flag Avoidable Burrows Before Ground Disturbance

The Designated Biologist(s) and/or Biological Monitor(s) shall identify and flag all potential burrows within the Project construction site that can be avoided.

Avoid Environmentally Sensitive Areas During Construction

All construction personnel shall avoid ESAs.

Inspect ESA Stakes and Poly Wire Before Each Workday

The Designated Biologist(s) and/or Biological Monitor(s) shall inspect the stakes and high visibility poly wire before the start of each workday during ground disturbance activities

Avoid Suitable GGS Habitat and Confine Work to Disturbed Areas

To the greatest extent practicable, suitable GGS habitat identified and delineated in accordance with the CDFW-approved GGS survey protocol (Condition of Approval 11.38) shall be completely avoided. Where possible, Permittee shall conduct Covered Activities within paved roads, farm roads, road shoulders, and similarly disturbed and compacted areas.

Keep Staging, Parking and Stockpiles Away from Suitable Habitat

Permittee shall restrict stockpiling of construction materials including portable equipment, vehicles, and supplies away from GGS suitable habitat including any ESAs (see Condition of Approval 11.54). Permittee shall confine all Project- related parking, staging areas, storage areas, laydown sites, equipment storage, and any other surface-disturbing activities to the Project Site using, to the extent possible, previously disturbed areas.

Submit Habitat Disturbance Footprint for CDFW Approval

Permittee shall identify suitable GGS habitat, locations of proposed surface-disturbing activities, proposed areas for ground disturbance, and habitat removal within the appropriate Phase Authorization Package (Condition of Approval 6.1 and 6.2) for CDFW review and approval prior to initiation of Covered Activities.

Biologist Guides Project Access and Work Around ESAs

The Designated Biologist(s) and/or Biological Monitor(s) shall help guide Project access and construction work around ESAs (e.g., wetlands, active rice fields, and other sensitive habitats capable of supporting GGS) to minimize habitat disturbance and risk of take of GGS.

Implement Dust Control to Preserve GGS Monitoring Visibility

Permittee shall implement dust control measures during Covered Activities to facilitate visibility for monitoring of GGS by the Designated Biologist(s) and/or Biological Monitor(s).

Report GGS Encounters and Establish Refuge No-Activity Buffer

Project personnel shall inform the Designated Biologist(s) and/or Biological Monitor(s) if they encounter GGS, or any snake resembling GGS, within or near the Project construction site during all phases of Covered Activities. If Project personnel observe GGS, or any snake resembling GGS, retreating into an underground burrow, crack, or crevice, including rock riprap for refuge within a Project construction site, Permittee shall prohibit Covered Activities within a 50-foot radius of the refuge…

Stop Work and Relocate GGS Unearthed During Ground Disturbance

If Permittee unearths or uncovers a GGS while conducting ground disturbing activities, the Designated Biologist(s) and/or Biological Monitor(s) shall have the authority to stop Covered Activities and allow it to escape the Project construction site of its own volition or the Designated Biologist(s) may relocate it in accordance with Condition of Approval 11.67.

Confine Project Vehicles to Existing Routes

Project-related vehicles shall access the Project construction site(s) during Covered Activities using existing routes and shall not cross GGS habitat outside of the Project construction site(s) unless otherwise authorized by CDFW.

Observe Vehicle Speed Limits in GGS Upland Habitat

Project-related vehicle traffic shall observe speed limits consistent with Condition of Approval 11.11 in Project construction sites and access roads within suitable GGS upland habitat.

Allow or Relocate GGS Found on a Roadway

If GGS, or any snake resembling GGS, is found on or traversing a roadway, Project personnel shall allow the snake to safely move off the road on its own, maneuver to avoid striking it, or shall notify the Designated Biologist(s) to move the snake off the road

Conduct GGS Preconstruction Survey and Submit Results to CDFW

The Designated Biologist(s) with assistance (if needed) from the Biological Monitor(s) shall conduct CDFW approved preconstruction surveys (Condition of Approval 11.38) within the boundaries of each Project site and include a three-foot buffer zone around the Project site, prior to initiation of any Covered Activities, including preconstruction activities, during the GGS active season (May 1 to October 1). Permittee shall submit the GGS preconstruction survey results to CDFW as part of…

Conduct and Report Annual GGS Surveys During Construction

Subsequent survey efforts conducted after submittal of the Construction Phased Authorization Package, shall occur each year Covered Activities are expected to occur in GGS habitat or within three feet of the habitat, or as otherwise approved by CDFW, and shall be reported to CDFW by the Permittee within the Monthly Compliance Reporting (Condition of Approval 10.12) and summarized within each Annual Status Report (Condition of Approval 10.13).

Survey Within 24 Hours Before Exclusion Fencing Installation

Additional GGS surveys shall occur within 24 hours (one calendar day) preceding exclusion fencing installation (see Condition of Approval 11.62) and shall provide 100% visual coverage of the Project construction site and three-foot buffer.

Resurvey After a Lapse in Covered Activities

The survey shall be repeated prior to reinitiating Covered Activities if a lapse in Covered Activities of 14 calendar days or greater occurs at the Project construction site during the aestivation period (October 2 to April 30) or if the lapse in Covered Activities is more than 12 hours during the active season (May 1 to October 1).

Investigate Burrows for GGS Occupancy

Within the Project construction site and three-foot boundary, the Designated Biologist(s) with assistance (if needed) from the Biological Monitor(s) shall investigate all burrows within suitable upland habitat outside of established ESAs using a CDFW-approved methodology (see Condition of Approval 11.62.2) to determine whether the burrows are occupied by GGS.

Block Vacant Burrows and Relocate Any GGS Found

The Designated Biologist(s) shall monitor to determine vacancy, then block unoccupied burrows (e.g., less than three feet long with dead ends) by installing an object approved in advance, in writing by CDFW, to prevent GGS from entering and using the burrow during Covered Activities. The Designated Biologist(s) shall remove the object immediately after Covered Activities are completed in that work site when they have determined that potential resumed use of the burrow will not result in harm to…

Avoid Disturbing Known or Potentially Occupied Burrows

Permittee shall avoid disturbing any known or potentially occupied burrows unless they are in an area of direct ground disturbance (e.g., grading areas, excavation areas) or their location poses a risk of direct harm to GGS. Permittee shall not destroy or modify burrows or exclude GGS from burrows that are beyond the direct footprint of ground disturbance.

Hand Excavate Unavoidable Burrows Before Trenching

Where the Permittee cannot avoid burrows (e.g., within footprint of ground disturbing activities), they shall be carefully hand excavated by the Designated Biologist prior to trenching activities consistent with Condition of Approval 11.62.2 and any GGS found during excavation that does not leave of their own volition shall be relocated according to the GGS Relocation Plan (see Condition of Approval 11.67).

Avoid Vegetation Removal in ESAs, Burrows and Refugia

Permittee shall not remove vegetation within established ESAs, avoidable burrows, burrow complexes, and suitable refugia to the greatest extent practicable.

Limit Mowing to July–September Window After Clearance Survey

If Covered Activities require the removal or maintenance of vegetation, Permittee shall limit mowing to occur only between July 1 to September 30 in suitable GGS habitat and after a Designated Biologist(s) and/or Biological Monitor(s) has performed clearance surveys to ensure absence of GGS. Within 24 hours (one calendar day) following the clearance survey (see Condition of Approval 11.56) in Project construction sites or Project maintenance areas with high grass cover or vegetation, Permittee…

Obtain CDFW Approval for Non-String-Trimmer Mowing Equipment

Any Permittee request to use other mowing equipment (e.g., for locations away from refugia and burrow complexes) shall be subject to CDFW approval.

Maintain Vegetation Height at Minimum Six Inches When Mowing

Permittee shall maintain vegetation at a minimum of six inches to avoid injuring GGS and to retain grassy cover and that allows the Designated Biologist(s) and/or Biological Monitor(s) to see and survey for snakes and burrows.

Biologist Monitors Mowing and Halts Work on GGS Detection

The Designated Biologist(s) and/or Biological Monitor(s) shall be onsite during all mowing and trenching activities. The Designated Biologist(s) and/or Biological Monitor(s) shall walk in front of the mower and monitor for GGS emerging from the vegetation or burrows. If GGS is found, Permittee shall cease mowing until GGS moves out of the way on its own or, if needed, is relocated by the Designated Biologist(s) (see Condition of Approval 11.67).

Mow in Rows Directed Away From Concentrating Animals

Permittee shall mow in rows and not in a circular pattern that would concentrate animals in the center of a construction site. Permittee shall start mowing farthest from the water to force snakes toward the water when mowing fields near streams or canals. By cutting the swath along the water last, the snakes will be allowed to maintain cover and escape.

Limit Channel Bank Mowing to One Side Per Year

Permittee shall limit mowing on banks to one side of the channel per year to maintain cover and escape.

Avoid Mowing Emergent Vegetation

Permittee shall avoid mowing emergent vegetation (i.e., tule, cattail, sedge, rush) to the maximum extent feasible.

Prohibit Discing or Tilling of Upland GGS Habitat

Permittee shall not disc or till upland vegetation as disking is more hazardous to GGS that are underground than mowing.

Confine Ground-Disturbing Work to the GGS Active Period

Permittee shall confine all fill, vegetation removal, and other ground disturbing Covered Activities during preconstruction and construction activities or Project maintenance areas within suitable GGS aquatic and upland habitat (areas within 200 feet of aquatic habitat) to the GGS active period between May 1 and October 1 unless otherwise approved by CDFW per Condition of Approval 11.59.

Restrict Work Period to Low Rainfall and Dry Weather

The work period for Covered Activities within suitable GGS habitat shall be restricted to periods of low rainfall (less than 0.25 inch per 24-hour period) and periods of dry weather (with less than a 40 percent chance of rain) unless otherwise approved by CDFW.

Monitor 72-Hour Forecast and Observe Post-Rain Dry-Out Period

Permittee shall monitor the National Weather Service 72-hour forecast for all Project Phases of Covered Activities within the Project Site. No work shall occur during a dry-out period of 24 hours after the above referenced wet weather. Weather forecasts shall be provided to CDFW upon request.

Obtain CDFW Approval for Early-Season Work Before May 1

Permittee may conduct Covered Activities within suitable GGS habitat prior to May 1 during the GGS inactive season only after consultation with and obtaining written approval from CDFW, which approval may require additional measures to minimize and/or avoid potential impacts to GGS during activities prior to May 1. Permittee shall provide evidence from the National Weather Service that ambient daytime temperature has remained within a minimum range of 45°F (±5°F) and 65°F (±3°F) for two weeks.…

Obtain CDFW Approval to Work Outside the Window via Early Ground Disturbance

Permittee may also conduct Covered Activities within suitable GGS habitat outside of the seasonal work restriction if initial ground disturbance removing suitable habitat within a construction site has been conducted prior to September 15 and the construction site already has an exclusion barrier in place (see Condition of Approval 11.62). Permittee shall submit these requests in writing for review and approval by CDFW. Requests shall include a justification for the request and any additional…

Confine In-Channel Work to the Inactive-Season Window and Scope

Permittee shall conduct all in-channel Covered Activities only between October 2 and April 30 (GGS inactive period). In-channel work shall be limited to removal of accumulated sediments, acoustic monitoring, and aquatic vegetation removal in canals or other areas where GGS may be overwintering within 200 feet of the activity, until CDFW-approved surveys (Condition of Approval 11.38) have occurred and absence of overwintering GGS has been confirmed by the Designated Biologist(s). Permittee shall…

Obtain CDFW Approval and Survey for In-Channel Work in Active Season

If in-channel work needs to occur within the GGS active season, Permittee shall request written approval by CDFW and have the Designated Biologist(s) and/or Biological Monitor(s) survey following CDFW-approved protocols (Condition of Approval 11.38) for GGS prior to initiating work and monitor throughout the duration of Covered Activities for GGS.

Leave Canal Banks Undisturbed

Permittee shall not disturb canal banks as many GGS overwinter very close to (i.e., within three to six feet of) canals.

Obtain CDFW Approval for Non-String-Trimmer Canal Mowing Equipment

Hand clearing of canals or light mowing equipment limited to string trimmers (e.g., weed whackers), shall be used for removal of excessive vegetation or debris if such removal is needed. Other mowing equipment requested by the Permittee shall be subject to CDFW approval.

Place Canal-Clearing Spoils Away from Bank Tops

Permittee shall place any spoils from canal clearing in a designated location, rather than along bank tops, to prevent burying or crushing snakes basking on the banks or trapping snakes taking cover in burrows or bank-top soil crevices.

Operate Equipment from Bank Top and Limit Excavation to One Side Per Year

Any equipment shall be operated from the bank top and Permittee shall excavate from only one side of the canal during a given year so emergent vegetation and bank side cover is left in place.

Haul or Place Dredged Material Away from GGS Cover Features

Permittee shall haul any dredged or excavated material off site or place it in areas lacking rodent burrows, riprap, or other materials that might provide dormant period cover for GGS.

Prohibit Discing of Upland GGS Habitat

Upland habitat shall not be disced.

Retain Vegetation on Levees and Canal Sides

Permittee shall not remove vegetation on levees and canal sides to the maximum extent feasible.

Dewater Unavoidable GGS Aquatic Habitat Before Work Begins

If Permittee cannot avoid conducting Covered Activities in suitable GGS aquatic habitat, Permittee shall dewater the habitat within the Project construction site prior to starting the Covered Activity. Permittee shall limit dewatering to the immediate Project construction site and shall ensure that alternative aquatic habitat is available.

Station Biologist to Salvage GGS During Dewatering

The Designated Biologist(s) shall be on site during all dewatering activities, particularly when dewatering begins and when the level of water reaches the level of the intake, to salvage and relocate any GGS that cannot swim away from the suction cups and escape on its own.

Shut Down Pump and Contact Biologist if GGS Seen at Intake Screen

If Project personnel see GGS at the screen during dewatering, they shall shut down the pump and contact the Designated Biologist(s) to relocate the snake (see Condition of Approval 11.67).

Maintain 15-Day Dry Period Before Excavating or Filling Dewatered Habitat

Permittee shall ensure that habitat remains dry for at least 15 consecutive days after April 15 prior to excavating or filling aquatic habitat.

Limit Dewatering to the April 15–October 1 Window

Permittee shall limit dewatering to April 15 – October 1 unless otherwise approved by CDFW.

Survey for GGS Following Dewatering

Following dewatering of aquatic habitat, the Designated Biologist(s) shall survey for GGS in all suitable GGS aquatic or upland habitat within the Project construction site that is not within the established ESAs. If GGS is observed, the Designated Biologist(s) shall follow the GGS Relocation Plan (Condition of Approval 11.67).

Obtain CDFW Approval for Deviations from the Dewatering Measure

Permittee and the Designated Biologist(s) shall obtain written approval from CDFW for any deviation from this measure and shall coordinate alternative actions with CDFW.

Install Exclusion Fencing Once Habitat Is Confirmed GGS-Free

Once habitat is deemed free of potential GGS, exclusion fencing shall be installed around the Project construction site (see Condition of Approval 11.62) so no snakes or other wildlife may reenter prior to or during construction.

Submit Exclusion Barrier Design and Location to CDFW

The Permittee shall submit the fencing design and locations as part of the appropriate Construction Phase Authorization Package.

Erect Exclusion Barrier Before Ground-Disturbing Activities

Prior to initiation of ground disturbing Covered Activities (e.g., staging, vegetation removal) and within 24 hours after preconstruction surveys and burrow excavations are completed (see Conditions of Approval 11.56 and 11.62.2), Permittee shall erect a high visibility exclusion barrier to exclude GGS from entering the Project construction site. Permittee shall place the barrier along the perimeter of the Project construction site within all suitable GGS habitat where ground disturbing…

Monitor Biologically During Barrier Installation

The Designated Biologist(s) and/or Biological Monitor(s) shall inspect the area prior to and during installation, including trenching, vehicular access, erecting fencing material, installing stakes, and any other activity requiring vehicle or foot traffic in suitable habitat.

Inspect Barrier Daily and After Rain Events

After installation, the Designated Biologist(s) and/or Biological Monitor(s) shall inspect the barrier daily and during and after rain events (rainfall predicted to exceed 0.25 inches during a 24-hour period).

Maintain and Immediately Repair Barrier Defects

Permittee shall maintain the barrier throughout the entire duration of Covered Activities and repair it immediately to ensure that it is functional and without defects, that fencing material is taut so snakes are unable to climb over, and that the bottom edge of the fencing material remains buried. If a defect is identified, the Designated Biologist(s) and/or Biological Monitor(s) shall have authority to stop Covered Activities within 50 feet of the defect.

Survey and Re-Search the Barrier Line After Repair

After the barrier is repaired, the Designated Biologist(s) shall conduct a survey using CDFW-approved protocol (see Condition of Approval 11.38) within 24 hours (one calendar day) prior to re-initiation of Covered Activities and carefully search within and along exclusion fencing and in pipes, culverts, or other potential places of hiding and entrapment (see Conditions of Approval 11.14 and 11.15) and beneath vehicles and equipment immediately before they are moved (see Condition of Approval…

Avoid or Hand-Excavate Burrows During Barrier Installation

Permittee shall avoid damage to burrows to the maximum extent possible during installation of the exclusion fencing. When Permittee cannot avoid burrows, burrows shall be hand excavated by the Designated Biologist(s) prior to trenching activities. The Designated Biologist(s) with assistance (if needed) from the Biological Monitor(s) shall watch for burrows on either side of the barrier during trenching.

Stop Barrier Construction When GGS Is Discovered and Block Undermined Burrows

If GGS are discovered during barrier construction, the Designated Biologist(s) and/or Biological Monitor(s) shall have the authority to stop barrier construction until the GGS leaves the construction site on its own volition, is relocated in accordance with Condition of Approval 11.67, and unoccupied burrows that appear to extend under the fencing are blocked or excavated by the Designated Biologist (see Condition of Approval 11.62.2).

Maintain Low Vegetation Along the Barrier's Outer Side

Permittee shall maintain vegetation within three feet on the side of the fence away from the Project construction site, unless otherwise approved by CDFW, at a maximum height of six inches to discourage GGS from using vegetation along the barrier fencing and to increase visibility of GGS near the barrier. Permittee shall use hand tools to trim or remove vegetation. The Designated Biologist(s) and/or Biological Monitor(s) shall monitor all vegetation removal to minimize impacts to GGS.

Construct the Barrier to Specification

Fencing shall be buried a minimum of six inches below ground and soil shall be compacted against both sides of the fence for its entire length to prevent animals from passing under the fence. Fencing shall extend at least 24 inches above the ground and shall be constructed with a top climber barrier lip so that GGS cannot scale and go over the barrier into the Project construction site. Fencing that is overlapped to connect different sections of material shall be sealed in a manner that does…

Prohibit Plastic Monofilament Netting in the Exclusion Barrier

Permittee shall not use plastic monofilament netting for the exclusion barrier (see Condition of Approval 11.28).

Keep Access Gates Closed and Stop Work if Left Open

Permittee shall instruct Project personnel to ensure access gates are securely closed when not in use. If access gates are left open and unattended, the Designated Biologist(s) and/or Biological Monitor(s) shall have the authority to stop Covered Activities until GGS surveys are repeated consistent with Condition of Approval 11.56, GGS found are relocated from the Project construction site (see Condition of Approval 11.67), and additional burrows are checked and blocked or excavated in…

Keep Barrier in Place Until Completion and Remove It Afterward

The barrier shall remain in place until the Permittee completes all Covered Activities, and all construction equipment has been removed from the Project construction site. Permittee shall remove the barrier and all barrier materials upon completion of construction- related Covered Activities.

Flag Burrows and Habitat Features Outside the Disturbance Footprint

The Designated Biologist(s) and/or Biological Monitor(s) shall identify and flag all potential burrows, soil cracks, crevices, or other habitat features that are outside of the area planned for direct disturbance (e.g., grading, excavation, etc.) and within the Project construction site, no less than five days prior to earthmoving activities in those areas.

Establish and Respect No-Activity Buffers Around Flagged Burrows

Permittee shall establish a 50-foot radius no-activity buffer around flagged burrows that can be avoided within the preconstruction activity sites, constructions sites, access roads, SCADA and transmission line construction, and maintenance sites, and the three-foot buffer zone. Permittee shall avoid flagged locations during Covered Activities to the maximum extent feasible.

Monitor for GGS On Site During Ground-Disturbing Activities

In areas planned for direct disturbance, the Designated Biologist(s) and/or Biological Monitor(s) shall be onsite to monitor for potential GGS during ground disturbing activities.

Demarcate High-Burrow-Concentration Areas as ESAs

Areas with a high concentration of suitable burrows or refugia spots shall be demarcated as ESAs consistent with Condition of Approval 11.54 and avoided to the greatest extent possible.

Submit Proposed ESAs and Burrow-Bearing Areas to CDFW for Approval

Proposed ESAs and any area containing suitable burrows or refugia shall be identified as part of the appropriate Phase Authorization Package (Condition of Approval 6.1 and 6.2) for CDFW review and approval prior to the initiation of any Covered Activity.

Determine Vacancy and Block or Excavate Burrows That Cannot Be Buffered

If burrows cannot be avoided by a no-activity buffer and are within suitable upland habitat, Permittee shall monitor to determine vacancy and block the burrows or excavate occupied burrows as described in Condition of Approval 11.62.2.

Avoid Disturbing Known or Potentially Occupied Burrows

Permittee shall avoid disturbing any known or potentially occupied burrows unless they are in an area of direct ground disturbance (e.g., grading areas, excavation areas) or their location poses a risk of direct harm to GGS.

Determine Burrow Vacancy, Block Unoccupied Burrows, and Remove Blocks After Work

The Designated Biologist shall first monitor to determine vacancy and attempt to expose and identify any snakes found in burrows, then block the entrance of unoccupied burrows (e.g., less than three feet long with dead ends) by installing an object approved in advance in writing by CDFW, to prevent Covered Species from entering and using the burrow during Covered Activities. The Designated Biologist(s) shall remove the object immediately after Covered Activities are completed in that work site…

Hand Excavate Unavoidable Burrows and Refuge Features Before Trenching

Where the Permittee cannot avoid burrows (e.g., within footprint of ground disturbing activities), they shall be carefully excavated prior to any trenching activities and any GGS found during excavation that does not leave of its own volition shall be relocated according to Condition of Approval 11.67. All excavation of potential refuge features, including identified burrows, soil cracks, crevices, individual rocks and rock piles, and other accessible features for GGS, shall be carried out by…

Confine Clearance Work to Minimal Disturbance Footprint

Permittee shall confine ground disturbance that could result in take of GGS (clearance work) to the most minimal area necessary to conduct Covered Activities.

Monitor Clearing Site Daily for Emerging and Sheltering GGS

The Designated Biologist(s) with assistance (if needed) from Biological Monitor(s) shall be onsite during initial ground disturbing activities to assess the Project construction site each morning before construction work begins. The Designated Biologist(s) and/or Biological Monitor(s) shall monitor burrows that have not been blocked or excavated for emerging GGS. The Designated Biologist(s) and/or Biological Monitor(s) shall also check any potential hiding places in the Project construction…

Halt Work and Apply Corrective Measures on GGS Discovery

If GGS is discovered, the Designated Biologist(s) and/or Biological Monitor(s) shall have the authority to delay construction activities until the GGS leaves the construction site of its own volition or is removed from the construction site by the Designated Biologist(s) in accordance with Condition of Approval 11.67 and Permittee implements appropriate corrective measures to ensure GGS will not enter the construction site through the exclusion barrier.

Dispose of Cleared Natural Debris by an Approved Method

Permittee shall use one, but not both, of the following methods to handle natural debris (debris composed of on-site vegetation, usually removed from waterways, not including spoils from dredging): (1) Debris shall be placed in piles 200 feet from aquatic habitat and within the exclusion barrier (i.e., outside of fenced habitat). Debris piles shall not be disturbed or removed once placed; or (2) Debris shall be immediately hauled off-site for disposal within 24 hours to avoid GGS…

Delineate and Avoid Suitable Aquatic GGS Habitat

Permittee shall delineate suitable GGS aquatic habitat within preconstruction field investigations sites and SCADA, transmission line, and access road construction, and maintenance sites with highly visible poly wire or other flagging approved by CDFW to demarcate it as a disturbance-free zone (see Condition of Approval 11.55). Permittee shall not conduct these Covered Activities in suitable GGS aquatic habitat.

Delineate Suitable Upland GGS Habitat at Work Sites

The Designated Biologist(s) and/or Biological Monitor(s) shall delineate suitable upland habitat with flagging or other high-visible markers within the Covered Activity sites.

Restrict Upland Habitat Work to the GGS Active Season

Permittee shall not conduct preconstruction field investigations and SCADA, transmission line, and access road construction, and maintenance sites in suitable GGS upland habitat during the inactive season from October 2 – April 30 unless otherwise approved by CDFW.

Confine Equipment Movement and Limit Vehicle Speed in Upland Habitat

Permittee shall confine movement of heavy equipment to existing access roads or to locations outside of suitable GGS upland habitat to the extent practicable. • Project personnel shall limit vehicle speed to 10 miles per hour within exploration sites and on non-public access roads.

Guide Site Access and Conduct Daily Burrow Surveys in Upland Habitat

The Designated Biologist(s) and/or Biological Monitor(s) shall be on-site during selection of the field investigation site, ingress and egress, and during set-up activities to guide Project personnel to avoid visible burrows until access routes are clearly established. • The Designated Biologist(s) and/or Biological Monitor(s) shall conduct daily surveys prior to the start of Covered Activities each day to check for burrows within the exploration site. The Designated Biologist(s) and/or…

Respond to GGS Encountered at the Work Site

If Project personnel find GGS, or any snake resembling GGS, within the site, they shall allow GGS to leave the site on its own or notify the Designated Biologist(s) to relocate the GGS outside the Project Site, before continuing Covered Activities (see Condition of Approval 11.67).

Limit Vegetation Control in Upland Habitat to Approved Mowing Methods

Permittee shall only use mowing for vegetation control within suitable GGS upland habitat. Permittee shall use light mowing equipment limited to string trimmers (e.g., weed whackers) that will not crush burrows or impact the ground.

Obtain CDFW Approval to Use Other Mowing Equipment

Any request by Permittee to use other mowing equipment shall be subject to CDFW approval (e.g., for locations away from refugia and burrow complexes).

Limit Channel Bank Mowing and Preserve Emergent Vegetation Cover

Permittee shall limit mowing on channel banks to one side of the channel per year to maintain cover for GGS. Permittee shall avoid mowing emergent vegetation such as tule, cattail, sedge, or rush to the greatest extent practicable and shall keep grassy vegetation at a minimum height of six inches.

Restore Temporarily Disturbed Upland and Channel Habitat

Permittee shall restore temporarily disturbed habitat with appropriate native vegetation in accordance with the Restoration and Revegetation Plan (see Condition of Approval 12.3.3).

Perform Maintenance Without Crushing or Entombing GGS in Burrows

Permittee shall ensure maintenance activities do not include ground disturbance activity that would crush burrows or entomb GGS within a burrow.

Restore Temporarily Impacted GGS Habitat to Pre-Project Conditions

Permittee shall restore all temporarily impacted GGS habitat onsite to pre- Project conditions or better by removing temporary fill, construction debris and stockpiled materials, regrading to the pre-existing contour if appropriate or a contour that would improve restoration potential of the site with CDFW consultation and approval, and revegetating upland areas or replanting emergent vegetation in active channels and on banks with CDFW approved and available native plant species (see…

Monitor Restored GGS Habitat Until Restoration Success

Permittee shall monitor the restoration for one year or until restoration success is achieved as determined by the Designated Biologist(s) and/or Biological Monitor(s) and CDFW.

Prepare and Submit GGS Mortality Reduction and Relocation Plan

Permittee shall prepare a GGS Mortality Reduction and Relocation Plan (GGS Relocation Plan) and submit it to CDFW as part of the appropriate Construction Phase Authorization Package (Condition of Approval 6.2) prior to initiating Covered Activities.

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…

Release GGS With Minor, Survivable Injury Per Relocation Plan

If the injury is minor or healing and the snake is likely to survive as determined by the Designated Biologist(s), the snake shall be released immediately in accordance with the GGS Relocation Plan (Condition of Approval 11.67).

Transport Seriously Injured GGS to Nearest Rehabilitation Facility

If it is determined that the GGS individual has major or serious injuries as a result of Project-related activities, the Designated Biologist(s) shall immediately take it to the nearest CDFW-approved wildlife rehabilitation or veterinary facility.

Restrict Release of Captive GGS to Quarantined, Agency-Authorized Cases

If taken into captivity, the individual shall remain in captivity and shall not be released into the wild unless it has been kept in quarantine and the release is authorized by CDFW and USFWS.

Bear Costs of Seriously Injured GGS Care and Treatment

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

Document Injury Circumstances and Disposition in the Written Incident Report

The circumstances of the injury, the procedure followed, and the final disposition of the injured animal shall be documented in the written incident report as described in Condition of Approval 11.68.4).

Bag, Label and Freeze a Recently Deceased GGS Carcass

If the GGS is found recently deceased (as evidenced by lack of odor or decomposition), the carcass shall be immediately bagged, labeled, and preserved in a freezer. The label shall include time and date, GPS location, circumstances surrounding death (if known), and ITP tracking number. CDFW shall be consulted regarding specimen disposal.

Send CDFW Written Incident Report Within Two Business Days

Following initial notification, Permittee shall send CDFW a written incident report within two business days of the discovery. The report shall include the date and time of the finding or incident, GPS location of the GGS, photographs of the location and the GGS, circumstances around the cause of take or injury, and any other pertinent information. The report shall also be included in the Monthly Compliance Report (see Condition of Approval 10.12).

Confine Project Access and Vehicle Traffic to Existing Routes

Project personnel shall access Project construction sites using existing routes and shall not cross SWHA habitat outside of or enroute to the Project construction site(s) unless otherwise approved by CDFW. Permittee shall restrict Project-related vehicle traffic to established roads, staging, and parking areas.

Obtain CDFW Approval Before Constructing New Off-Site Travel Routes

Permittee shall contact CDFW for written approval if the Permittee determines construction of routes for travel is necessary outside of the Project construction area.

Confine Parking, Staging and Surface-Disturbing Activities to the Project Site

Permittee shall confine all Project-related parking, storage areas, laydown sites, equipment storage, and any other surface-disturbing activities to the Project construction sites using, to the extent possible, previously disturbed areas and as identified within the appropriate Project Phase Authorization Package (Condition of Approval 6.1 and 6.2).

Apply Dust Control to Maintain Visibility for SWHA Monitoring

Permittee shall implement dust control measures during Covered Activities to facilitate visibility for monitoring of SWHA by the Designated Biologist(s) and/or Biological Monitor(s).

Restrict Work Near SWHA Nest Trees to Outside Nesting Season

Permittee shall limit Covered Activities to occur only outside the SWHA nesting season (February 28 – September 15), to the extent practicable.

Submit CDFW Approval Plan to Work During SWHA Nesting Season

Permittee shall submit plans to initiate Covered Activities and minimize impacts to SWHA specifically to CDFW for written approval prior to conducting any Covered Activities.

Conduct and Submit Preconstruction SWHA Nest Tree Survey

The Designated Biologist(s) with assistance (if needed) from the Biological Monitor(s) shall conduct CDFW approved SWHA survey protocols (Condition of Approval 11.38) to identify the presence of suitable SWHA nest trees and known nest trees (occupied within one or more years of the past five years) within 0.5 miles of each preconstruction activity site, SCADA, transmission line, and access road sites, construction site, and postconstruction maintenance site, prior to initiation of any Covered…

Conduct Recurring Annual SWHA Nest Surveys During Construction

Subsequent survey efforts conducted during the Project construction phase(s) shall occur each year Covered Activities are expected to occur in SWHA habitat and shall be reported to CDFW by the Permittee within the Monthly Compliance Reporting (Condition of Approval 10.12) and summarized within each Annual Status Report (Condition of Approval 10.13).

Map SWHA Nesting and Foraging Sites for CDFW

Permittee shall map all existing or potential nesting or foraging sites and provide these maps to CDFW (see Condition of Approval 10.3).

Establish, Delineate and Maintain SWHA Nest Buffer

Permittee, the Designated Biologist(s), and the Biological Monitor(s) shall ensure that no Covered Activities occur within 656 feet (200 m) of an occupied SWHA nest tree during the nesting season by establishing a 656-foot-radius no-activity buffer around the occupied nest tree.

Submit SWHA Nest Buffer Design and Location to CDFW

The buffer zone design and location shall be submitted to CDFW for approval as part of the appropriate Construction Phase Authorization Package.

Obtain CDFW Approval to Reduce SWHA Nest Buffer Below 656 Feet

Permittee shall not conduct any Covered Activity within the 656-foot buffer unless a smaller buffer is approved in writing by CDFW, however, Permittee shall not conduct any Covered Activity within, at minimum, 150 feet of an occupied nest tree.

Conduct and Report Baseline SWHA Nest Monitoring

Five days and three days prior to the initiation of Covered Activities at any Project construction site where an occupied nest tree is within 0.5 miles of the Covered Activity, the Designated Biologist(s) shall observe the occupied nest(s) for at least one hour or until nest status can be determined. The Designated Biologist(s) shall document nesting status and behaviors to compare to nesting status and behaviors after Covered Activities begin. Permittee shall report the results of…

Monitor SWHA Nest Status at Tiered Distances During Construction

Where an occupied nest tree occurs between 325 and 650 feet of Covered Activities, the Designated Biologist(s) shall observe the nest for at least two hours per day during Covered Activities to ensure the SWHA are engaged in normal nesting behavior.

Limit Work to Daylight Hours Near Occupied SWHA Nest

Permittee shall limit Covered Activities to between 30 minutes after sunrise and 30 minutes before sunset.

Prohibit Physical Contact With Occupied SWHA Nest Trees

Permittee shall prohibit physical contact with an occupied nest tree throughout the breeding season (see Condition of Approval 11.70).

Keep Break Areas and Idle Equipment Out of Nest Sightlines

Permittee shall not designate any employee break, rest, or meeting areas in proximity to active SWHA nests. All Project personnel within 656 feet shall be out of the line of sight of the occupied nest tree during breaks, rests, or meeting areas unless prior approval has been obtained in writing from CDFW. In consultation with the Designated Biologist(s), Permittee shall stage stationary, not in-use equipment outside of sight lines from the SWHA nests.

Stop Work and Notify Designated Representative of SWHA Distress

If, during Covered Activities, the Designated Biologist(s) determine(s) that nesting SWHA within 0.5 miles of the Project construction site are exhibiting distress and/or abnormal nesting behavior from Covered Activities (swooping/stooping, excessive vocalization (e.g., distress calls), agitation, failure to remain on nest, failure to deliver prey items for an extended time period, failure to maintain nest, etc.), the Designated Biologist(s) shall have the authority to stop Covered Activities…

Notify CDFW of SWHA Nesting Distress Within 24 Hours

The Designated Representative shall contact CDFW within 24 hours to determine additional protective measures to be implemented.

Continue Monitoring Until CDFW Confirms Normalized SWHA Behavior

The Designated Biologist(s) shall: (1) Stop Covered Activities until additional protective measures are implemented; (2) Continue monitoring and ensure additional protective measures remain in place until the Designated Biologist(s) in coordination with CDFW determines SWHA behavior has normalized; (3) Determine if additional protective measures are ineffective and stop Covered Activities until the additional protective measures are modified; and (4) Continue monitoring until it has been…

Notify CDFW of SWHA Nest or Nestling Abandonment Within 24 Hours

The Designated Representative or Designated Biologist shall notify CDFW within 24 hours if nests or nestlings are abandoned and notify CDFW whether abandoned nestlings are still alive.

Extend Nest Monitoring to Newly Discovered SWHA Nests

If no occupied SWHA nests initially occur at or within 0.5 mile of the Project construction site, any discovery of nests shall trigger the monitoring and records required under this Condition of Approval as well as Conditions of Approval 11.72, 11.73, and 11.74.

Avoid Removal of Known and Suitable SWHA Nest Trees

Permittee shall avoid removal of known SWHA nest trees and suitable nest trees to the maximum extent practicable.

Obtain CDFW Approval Before Removing a Known SWHA Nest Tree

If a known nest tree must be removed for Covered Activities, Permittee shall notify and obtain written approval from CDFW. The notification shall include the location of the known nest tree, conditions to offset the loss of the nest tree, and the timing of removal, which shall generally be September 16 – February 28.

Prohibit Removal of Occupied SWHA Nest Trees Until Fledging

Permittee shall not remove any occupied nest tree during nesting season, until the last young have left the nest, as verified by the Designated Biologist(s).

Time Woody Vegetation Removal to September 16–February 28

Permittee shall conduct removal of woody vegetation (trees and shrubs) only between September 16 - February 28 of any construction year to avoid impacts to nesting birds, unless preconstruction surveys are conducted by the Designated Biologist(s) and recently used SWHA nests or active SWHA nests are determined to be absent from the trees and/or shrubs to be removed.

Notify CDFW of Nest Survey Results Before Vegetation Removal

The Designated Biologist(s) shall notify CDFW of survey results prior to any vegetation removal.

Delineate and Avoid 656-Foot Buffer Around Active SWHA Nests

If active or recently used SWHA nests are present, the Permittee shall not remove vegetation within 656 feet of SWHA nests. The Designated Biologist(s) and/or Biological Monitor(s) shall delineate, flag, and avoid any active nests until the nesting cycle is complete (refer to Condition of Approval 11.72).

Delineate and Avoid SWHA Nesting Habitat at Preconstruction Sites

The Designated Biologist(s) and/or Biological Monitor(s) shall delineate suitable nesting habitat with flagging or other highly visible markers within each Project preconstruction site(s). Permittee shall restrict preconstruction activities to areas outside of the delineated nesting habitat.

Schedule Preconstruction Field Investigations Outside Nesting Season

Permittee shall conduct preconstruction activities such as field investigations outside of the nesting season to the maximum extent practicable.

Survey for Nesting SWHA Before In-Season Field Investigations

If such activities must occur during the nesting season, the Designated Biologist(s) shall survey the preconstruction activity site and within 0.5 miles for nesting SWHA.

Keep Field Investigations 0.5 Miles From Occupied SWHA Nests

Permittee shall limit field investigation activities to at least 0.5 miles away from any occupied nest tree, unless otherwise approved by CDFW in writing.

Prohibit Helicopter Line Stringing Near Occupied SWHA Nests

Permittee shall not use helicopters to string SCADA or transmission lines within 0.5 miles of an occupied nest tree.

Prohibit Occupied Nest Tree Removal for Transmission Line Work

Permittee shall not remove or trim occupied nest trees for transmission line construction until after the breeding season has ended and the last of the young have left the nest. Permittee shall not remove or trim occupied nest trees during transmission line maintenance.

Remove or Trim an Occupied Nest Tree for Safety Per 11.77 or CDFW Approval

If removal or trimming of an occupied nest tree needs to occur for human or wildlife safety, Permittee shall conduct removal or trimming consistent with Conditions of Approval 11.77, or otherwise with written approval and guidance from CDFW.

Avoid Nest Tree Removal During SCADA and Transmission Line Work

Permittee shall avoid removal or trimming of known or suitable nest trees, to the extent practicable, during SCADA and transmission line stringing and reconductoring activities and during power and pole placement.

Site Poles and Lines Outside Suitable SWHA Nesting Habitat

Where practicable, Permittee shall place poles and lines outside of suitable nesting habitat, as delineated by the Designated Biologist(s).

Develop and Submit SWHA Mortality Reduction and Relocation Plan

Permittee shall develop a SWHA Mortality Reduction and Relocation Plan (SWHA Relocation Plan) and submit it to CDFW as part of the appropriate Construction Phase Authorization Package (Condition of Approval 6.2) prior to initiating Covered Activities.

Restrict SWHA Capture and Handling to Qualified Designated Biologist

SWHA shall only be captured and handled by the CDFW-approved Designated Biologist(s) with appropriate expertise in handling raptors.

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…

Restrict Work Hours Near Occupied TRBL Colony or Roost

Permittee shall restrict Covered Activities to 45 minutes after sunrise and 45 minutes before sunset when Covered Activities occur within 1,300 feet of a breeding colony or roost site occupied by TRBL, unless otherwise approved by CDFW.

Train Project Personnel on TRBL Avoidance and Buffer Protocols

The Designated Biologist(s) shall train Project personnel on the required avoidance procedures, buffer zones, and protocols in the event that a TRBL flies into an active Project construction site (i.e., outside the buffer zone), as part of the education program described in Condition of Approval 9.4.

Coordinate Timing of Disruptive Activities Away From Vulnerable TRBL Periods

To the maximum extent feasible, Permittee shall coordinate with the Designated Biologist(s) and CDFW to time the loudest or otherwise most disruptive Covered Activities outside periods where the TRBL, their nests/colony, their eggs, or their young are most vulnerable to disturbance.

Conduct Baseline TRBL Habitat Assessment Each Project Phase

Prior to the commencement of Covered Activities for each Project Phase, the Designated Biologist(s) shall conduct a habitat assessment consistent with CDFW-approved protocols (Condition of Approval 11.38) to determine if existing or potential nesting or foraging sites are present within the Project site and include areas within three miles of Project sites, where feasible. The preconstruction (i.e., baseline) assessment shall be completed during the breeding season (March 1 – September 15)…

Map and Submit Nesting/Foraging Sites in Phase Authorization Package

Permittee shall map all existing or potential nesting or foraging sites and provide these maps to CDFW as part of the appropriate Phase Authorization Package (see Condition of Approval 10.3). Nesting sites, including both currently occupied nesting sites and sites known to have been occupied within the last five years, shall be noted on plans that are submitted as a part of a Phase Authorization Package (see Condition of Approval 6.1 and 6.2).

Survey TRBL Habitat and Acquire Colony Data Before Any Covered Activities

The Designated Biologist(s) with assistance (if needed) from the Biological Monitor(s) shall conduct CDFW approved TRBL survey protocols (Condition of Approval 11.38) to identify the presence of suitable nesting habitat and roosting habitat, within each preconstruction activity site, SCADA, transmission line and access road site, construction site, and maintenance area, prior to initiation of any Covered Activities. Permittee shall contact the UC Davis Tricolored Blackbird Portal Project…

Submit Preconstruction TRBL Survey Results to CDFW

Permittee shall submit results of the preconstruction surveys to CDFW as part of the appropriate Construction Phase Authorization Package (Condition of Approval 6.2) prior to initiating Covered Activities.

Conduct and Report Annual TRBL Surveys During Construction and Maintenance

Subsequent survey efforts conducted during the Project construction phase(s) or maintenance shall occur each year Covered Activities are expected to occur in TRBL habitat and shall be reported to CDFW by the Permittee within the Monthly Compliance Reporting (Condition of Approval 10.12) and summarized within each Annual Status Report (Condition of Approval 10.13).

Map and Provide TRBL Nesting/Roosting Sites to CDFW

Permittee shall map all existing or potential nesting or roosting sites and provide these maps to CDFW (see Condition of Approval 10.3).

Conduct Seasonal Preconstruction Surveys for TRBL Breeding Colonies and Nesting Habitat

Prior to the initiation of Covered Activities in a Project site and within 1,300 feet of the Project site unless otherwise approved by CDFW, the Designated Biologist(s) with assistance (if needed) from the Biological Monitor(s) shall conduct preconstruction surveys to evaluate the presence of TRBL breeding colonies and suitable nesting habitat. Surveys shall be conducted during the breeding season (March 1 – September 15) one year prior to, and then again in the year of, the Covered Activities…

Delineate Suitable Nesting Habitat and Breeding Colonies With Flagging

The Designated Biologist(s) and/or Biological Monitor(s) shall delineate suitable nesting habitat and breeding colonies with flagging or other visible marking.

Conduct Preconstruction Roosting Habitat Surveys During the Nonbreeding Season

Prior to initiation of Covered Activities, including nighttime construction and postconstruction maintenance activities, in a Project construction site or Project maintenance area and within 300 feet of a Project site, the Designated Biologist(s) with assistance (if needed) from the Biological Monitor(s) shall conduct preconstruction surveys to establish the existence and use of roosting habitat by TRBL. Surveys shall be conducted during the nonbreeding season (September 16 – February 28) one…

Presume TRBL Occupancy for Unclearly Identified Mixed Blackbird Flocks

Permittee shall consider roosting habitat occupied by large mixed blackbird flocks to be occupied by TRBL if the Designated Biologist(s) cannot clearly identify TRBL absence within the flock.

Check Previously Unoccupied Roost Sites for Later TRBL Occupancy

The Designated Biologist(s) with assistance (if needed) from the Biological Monitor(s) shall check suitable roost sites within 300 feet of Project sites that are not occupied at the time of preconstruction surveys in accordance with the roosting survey protocol approved by CDFW (Condition of Approval 11.38), to determine whether TRBL later occupies the roost site.

Delineate Occupied TRBL Roost Sites With Flagging

The Designated Biologist(s) and/or Biological Monitor shall delineate occupied roost sites with flagging or visible markings consistent with Condition of Approval 11.90.

Avoid Suitable TRBL Nesting Habitat Within 1,300 Feet of Construction Sites

Permittee shall ensure Covered Activities avoid suitable nesting habitat within 1,300 feet of Project construction sites to the extent practicable.

Maintain a 1,300-Foot No-Activity Buffer Around an Unavoidable Active TRBL Colony

If active nests are found within the Project construction sites or within 1,300 feet of any Covered Activity and cannot be avoided, Permittee shall ensure that Covered Activities do not occur within a 1,300-foot diameter no-activity buffer zone surrounding the colony and associated suitable habitat during the breeding season (March 1 – September 15), until the young have fledged, or when approved by CDFW.

Delineate the TRBL Colony No-Activity Buffer

Permittee shall clearly delineate the buffered area using fencing or other high visibility marking. Permittee shall delineate TRBL colonies with different materials than those used to delineate the Project construction site and maintain the fencing or markings through all weather events.

Reduce the TRBL Colony Buffer to 300 Feet With CDFW Approval Where Site Conditions Qualify

The no-activity buffer zone may be reduced to a minimum of 300 feet, with written approval from CDFW, in areas with dense forest, buildings, or other features between the Covered Activities and the breeding colony; where there is topographic relief to protect the colony from excessive noise or visual disturbance; or where sound curtains have been installed.

Reduce Disturbance When TRBL Colonizes Habitat Adjacent to Ongoing Activities

If TRBL colonizes habitat adjacent to Covered Activities after they have been initiated, Permittee shall reduce the disturbance through establishment of no-activity buffers or sound curtains as determined in consultation with CDFW.

Submit TRBL Buffer Zone Design and Location to CDFW for Approval

The buffer zone design and location shall be submitted to CDFW for approval as part of the appropriate Construction Phase Authorization Package.

Monitor an Active TRBL Colony Daily Through the Nesting Season

If nesting TRBL is present within the Project construction site or within 1,300 feet of any Project- related Covered Activity, the Designated Biologist(s) with assistance (if needed) from the Biological Monitor(s) shall monitor the colony daily for at least six hours per day throughout the nesting season to verify the Covered Activities are not disrupting the colony and to determine when the young have fledged, unless otherwise approved by CDFW. The Designated Biologist(s) will be on site daily…

Prohibit Covered Activities Within the Nest Disturbance Buffer

Work within the nest disturbance buffer shall not be permitted.

Stop Work When the Biologist Observes Colony Disruption and Agitated Behavior

If the Designated Biologist determines that Covered Activities are disrupting the colony and TRBL are exhibiting agitated behavior, the Designated Biologist(s) shall have the authority to stop Covered Activities until additional protective measures are implemented and the buffer size is increased to a distance necessary to result in no adverse impacts to the TRBL.

Notify CDFW Within 24 Hours of a Colony-Disruption Stop-Work Event

The Permittee’s Designated Representative and/or Designated Biologist(s) shall notify CDFW within 24 hours (one calendar day) to determine additional protective measures to be implemented.

Maintain and Adjust Protective Measures Until TRBL Behavior Normalizes

The Designated Biologist(s) and/or Biological Monitor(s) shall continue monitoring and ensure additional protective measures remain in place for the duration of the Covered Activities or until it is determined that TRBL behavior has normalized, as approved by CDFW. Additional protective measures may include, but are not limited to, increasing the size of the buffer, delaying Covered Activities until the colony is finished breeding and the young have fledged, temporarily relocating staging…

Consult CDFW on At-Risk Colonies and Report Nest or Nestling Abandonment

If the Designated Biologist(s) and/or Biological Monitor(s) determines that the colonies are at risk, CDFW shall be immediately consulted to determine the best course of action to avoid nest abandonment or take of individuals. The Designated Biologist(s) and/or Biological Monitor(s) shall notify CDFW within 24 hours (one calendar day) if nests or nestlings are abandoned. If the nestlings are still alive, the Designated Biologist(s) and/or Biological Monitor(s) shall work with CDFW to determine…

Avoid Suitable TRBL Roosting Habitat and Its 300-Foot Buffer

Permittee shall ensure Covered Activities avoid suitable roosting habitat and a surrounding buffer area of 300 feet to the extent practicable.

Maintain a 300-Foot No-Activity Buffer Around an Unavoidable Occupied TRBL Roost

If occupied roosting habitat is found within the Project construction site, and the occupied roosting habitat cannot be avoided, Permittee shall not conduct Covered Activities within a 300-foot no-activity buffer surrounding the roost site (no-activity buffer).

Delineate the TRBL Roost No-Activity Buffer

Permittee shall clearly delineate the buffered area using fencing or other high visibility marking. Permittee shall delineate TRBL roosting sites with different materials than those used to delineate the Project construction site and maintain the fencing or markings throughout all weather events.

Modify the TRBL Roost Buffer Where Site Conditions Qualify, as CDFW Approves

The no-activity buffer may be modified in areas with dense forest buildings, or other features between the Covered Activities and the occupied roost site; where there is sufficient topographic relief to protect the roost site from excessive noise and visual disturbance; or where sound curtains are installed, as approved by CDFW.

Submit TRBL Roost Buffer Zone Design and Location to CDFW for Approval

The buffer zone design and location shall be submitted to CDFW for approval as part of the appropriate Construction Phase Authorization Package.

Monitor Occupied Roost Sites Within the 300-Foot Buffer Daily

Occupied roost sites that are within the 300 feet no-activity buffer (Condition of Approval 11.87) shall be monitored daily by the Designated Biologist(s), with assistance (if needed) from the Biological Monitor(s), for at least four hours each day or until the roost site is no longer occupied and consistent with CDFW-approved TRBL survey protocol (Condition of Approval 11.38) to verify that Covered Activities are not disrupting roosting TRBL.

Prohibit Covered Activities Within the Roosting Site

Permittee shall not conduct Covered Activities within the roosting site.

Implement Additional Protective Measures When Roosting TRBL Show Agitated Behavior

If the Designated Biologist(s) determines that Covered Activities are disrupting roosting activity and TRBL are exhibiting agitated behaviors, Permittee shall put additional protective measures in place until TRBL behavior normalizes. Additional protective measures may include, but are not limited to, increasing the size of the roosting site no-activity buffer, delaying Covered Activities until the flock has left the roost site or until the end of the nonbreeding season, temporarily relocating…

Contact CDFW When Roost Protective Measures Are Not Reducing Disruption

Permittee and/or the Designated Biologist(s) shall contact CDFW if protective measures are not effectively reducing disruption to the roost site to discuss alternative measures.

Prohibit Physical Contact With Active Breeding Colonies and Occupied Roost Sites

Permittee shall prohibit physical contact with a breeding colony during the breeding season (March 1 – September 15) from the time of nest site selection until after the chicks have fledged or colony is no longer active, as determined by a Designated Biologist(s) and approved by CDFW. Permittee shall prohibit physical contact with an occupied roost site during the nonbreeding season (September 16 – February 28).

Prohibit Personnel From Exiting Vehicles Inside an Occupied No-Activity Buffer

Project personnel shall not exit vehicles when inside the established no-activity buffer for breeding or roosting when TRBL are present (see Conditions of Approval 11.85 and 11.87).

Prohibit Employee Break, Rest, or Meeting Areas Within or Adjacent to No-Activity Buffers

Permittee shall not designate any employee break, rest, or meeting areas adjacent to or within the no-activity nest and roosting buffers.

Delineate TRBL Nesting/Roosting Habitat and Buffers

The Designated Biologist(s) and/or Biological Monitor(s) shall delineate suitable nesting and roosting habitat and buffers with flagging or other highly visible marking at Project sites for preconstruction activities, construction staging areas, SCADA, transmission line, and access road construction and maintenance sites.

Restrict Activities Outside Delineated Habitat/Buffers

Permittee shall restrict these Covered Activities to Project Sites outside of the delineated habitat. Permittee shall prohibit conduct of Covered Activities within no-activity buffers established for breeding colonies or occupied roost sites (see Conditions of Approval 11.85 and 11.87).

Maintain Helicopter Distance/Time Buffers Near TRBL Sites

Permittee shall not use helicopters to string SCADA or transmission lines within 200 horizontal feet or 150 vertical feet of breeding colonies or occupied roost sites unless the helicopter is small enough to only cause a down draft of 15 to 18 miles per hour at up to 150 feet. Permittee shall only operate helicopters at these distances from the breeding colony or occupied roost site for up to three minutes in duration, no more than twice per day, with a minimum of four hours between…

Restrict Helicopter Use to Daylight Hours

Helicopters shall not be used between 45 minutes before sunset to 45 minutes after sunrise.

Prepare and Submit TRBL Mortality/Relocation Plan

The Designated Biologist(s) shall prepare a TRBL Mortality Reduction and Relocation Plan (TRBL Relocation Plan) and submit it to CDFW as part of the appropriate Construction Phase Authorization Package prior to commencing Covered Activities (Condition of Approval 6.2).

Restrict TRBL Handling to CDFW-Approved Biologist

Only the CDFW-approved Designated Biologist(s) with appropriate expertise in handling blackbirds shall handle and relocate TRBL.

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…

Avoid CBB Habitat and Confine Ground Disturbance Footprint

Identified and delineated suitable CBB habitat in accordance with Condition of Approval 10.4 shall be completely avoided. Permittee shall conduct Covered Activities within paved roads, farm roads, road shoulders, and similarly previously disturbed and compacted areas to the greatest extent practicable. Where it is not possible to conduct Covered Activities in already disturbed areas, Permittee shall confine ground disturbance and habitat removal to the most minimal area necessary as…

Halt Activities Within 50 ft of a Discovered CBB Nest

If Project personnel observe CBB or an insect resembling CBB entering or exiting a potential nest, or a CBB nest site, Permittee shall prohibit Covered Activities within a 50-foot radius of that nest until the Designated Biologist(s) is contacted and on-site (see Condition of Approval 11.98).

Relocate Unavoidable CBB Nest via Designated Biologist

If the Covered Activities cannot avoid the nest, only the Designated Biologist(s) shall relocate the nest in accordance with Condition of Approval 11.102.

Report CBB Sightings to the Designated Biologist

All Project personnel shall inform the Designated Biologist(s) if they encounter CBB or an insect resembling CBB, within the Project construction site or 50 feet beyond the Project construction site, during all phases of Covered Activities.

Avoid Vegetation/Ground Disturbance During Colony Active Period

If feasible, Covered Activities shall avoid vegetation and ground disturbing impacts to CBB and suitable habitat during the Colony Active Period (February 1 – October 31) each year until the expiration of this ITP unless otherwise approved by CDFW after the Designated Biologist(s) has conducted CBB surveys (see Condition of Approval 11.97) consistent with CDFW-approved protocols (Condition of Approval 11.38). Any work within the Colony Active Period shall be subject to approval by CDFW.

Time Flowering Vegetation Removal Outside Colony Active Period

Native or non-native flowering vegetation removal shall occur prior to bloom and before the Colony Active Period to prevent colonization during the active season. If Covered Activities cannot be avoided in temporary impact areas intended for on-site restoration during this time and vegetation needs to be removed during the bloom period for these species, Permittee shall remove flowering vegetation during the Colony Active Period in locations where there are no surveyed foraging CBB or active…

Avoid Vegetation/Ground Disturbance During Flight Seasons

Permittee shall avoid conducting Covered Activities involving vegetation and ground disturbance in CBB habitat during the Queen and Gyne Flight Seasons, when Queens emerge in the spring searching for nest sites, and during the fall flight period when Gynes mate and search for overwintering habitat. These time periods shift each year due to climatic conditions (drought, temperature, and precipitation).

Survey Annually to Set Flight Season Dates

To determine these time periods each year, the Designated Biologist(s) shall conduct CDFW-approved CBB surveys (Condition of Approval 11.38).

Avoid Ground Disturbance During Overwintering Period

During the overwintering period, Permittee shall avoid ground disturbance activities in CBB habitat to the greatest extent possible or develop a site-specific phased approach to implementation of activities, for CDFW approval as part of the appropriate Project Construction Phase Authorization Package (Condition of Approval 6.2).

Inspect and Supervise Overwintering Refugia Removal

During this time, removal of fallen logs, brush piles, woody debris, and other potential refugia for overwintering bees shall be done carefully with prior inspection and then supervision from the Designated Biologist(s) with assistance (if needed) from the Biological Monitor(s).

Conduct Preconstruction CBB Habitat Assessment Survey

Prior to initiation of ground disturbing Covered Activities for each Project Phase, site-level surveys shall be conducted consistent with CDFW-approved survey protocols (Condition of Approval 11.38) to determine whether CBB is present within or adjacent to proposed Covered Activities and submitted to CDFW as part of the appropriate Construction Phased Authorization Package (Condition of Approval 6.2).

Conduct Pre-Activity CBB Surveys During Construction/Maintenance

During the Project construction and postconstruction maintenance phases, surveys shall be conducted by the Designated Biologist(s) with assistance (if needed) from the Biological Monitor(s) following the CDFW-approved CBB survey protocol (Condition of Approval 11.38) prior to any ground-disturbing Covered Activities or vegetation removal within suitable CBB habitat during the colony active period (February 1 – October 31) or until all flowering vegetation is largely desiccated, to detect…

Notify CDFW of a CBB Detection Within 24 Hours

If a suspected or confirmed CBB is identified during any of these surveys, the Designated Biologist(s) shall notify CDFW within 24 hours.

Report Survey Results in Compliance and Status Reports

The three survey efforts conducted during the Project construction phase(s) shall occur each year Covered Activities are expected to occur in suitable CBB habitat and shall be reported to CDFW by the Permittee within the Monthly Compliance Reporting (Condition of Approval 10.12) and summarized within each Annual Status Report (Condition of Approval 10.13).

Enforce No-Activity Buffer Around Discovered CBB Nest

Permittee shall not conduct any Covered Activity within the buffer unless a smaller buffer is approved by CDFW.

Submit CBB Buffer Zone Design Plan to CDFW

A CBB buffer zone design plan shall be submitted to CDFW as part of the appropriate Phase Authorization Package (Condition of Approval 6.2).

Delineate and Maintain CBB Nest Buffer Marking

Utilizing this plan, the buffer shall be delineated using high-visibility fencing, flagging, or similar materials along with appropriate signage and be maintained throughout all weather events.

Report GPS-Recorded Nest Location to CDFW Within 24 Hours

The nest location shall be recorded with global positioning system (GPS) and be reported to CDFW within 24 hours (one calendar day) of finding the nest.

Survey Undisturbed CBB Habitat Before Activities Begin

In undisturbed areas of CBB habitat planned for Covered Activities, the Designated Biologist(s) shall perform CDFW-approved CBB survey protocols with assistance from the Biological Monitor(s) (if needed) as described in Condition of Approval 11.38.

Conduct Daily Visual Sweeps for CBB Flight Activity

Once Covered Activities within CBB habitat have begun, the Designated Biologist(s) and/or Biological Monitor(s) shall be onsite and shall conduct daily visual sweeps of the Project construction site for CBB flight activity at the start of the daily work window and shall intermittently repeat these visual sweeps throughout the daily work window.

Notify CDFW of a CBB Detection Within 24 Hours

If a suspected or confirmed CBB is detected in the Project construction site, the Designated Representative or Designated Biologist(s) shall contact CDFW by telephone and email within 24 hours.

Search for Active Nest After a CBB Detection

If a suspected or confirmed CBB individual is detected within the Project construction site, every effort shall be made by the Designated Biologist(s) with assistance (if needed) from the Biological Monitor(s) to find the active nest.

Avoid and Buffer Underground CBB Refugia

Permittee shall establish a 50-foot radius no-activity buffer around refugia that can be avoided within the Project preconstruction activity area, construction site, access roads, SCADA and transmission line construction areas, and maintenance areas.

Hold Refugia Vegetation Removal Until Overwintering Absence Confirmed

Within potential habitat, Permittee shall avoid removal of vegetation such as woody plants, tall grasses, leaf litter or loose soils until CDFW-approved CBB survey protocols (Condition of Approval 11.38) have been performed by the Designated Biologist(s) and absence of overwintering CBB is confirmed.

Flag Refugia and Habitat Features Before Earthmoving

The Designated Biologist(s) shall flag these areas, or other habitat features that are outside of the area for direct ground disturbance within the Project construction site prior to initiation of earthmoving activities in those areas.

Repeat CBB Survey After a 14-Day Work Stoppage

If Covered Activities stop for more than 14 calendar days, the Designated Biologist(s) with assistance (if needed) from the Biological Monitor(s) shall repeat CBB surveys within suitable CBB habitat, prior to resuming Covered Activities.

Minimize Vegetation Disturbance in CBB Habitat

Disturbance or removal of vegetation shall be kept to the minimum necessary to complete Covered Activities in suitable CBB habitat.

Hand-Trim Protected Vegetation Only

Vegetation marked for protection shall only be trimmed with hand tools limited to string trimmers (e.g., weed whackers) to gain access to work sites unless otherwise approved by CDFW.

Set Mower Blade Height to Four Inches Minimum

Permittee shall set mower blade heights to no lower than four inches, unless otherwise approved by CDFW in writing (See Condition of Approval 11.18).

Halt Work Within 50-Foot CBB Nest Buffer

Permittee shall stop Covered Activities within 50 feet of the nest until the nest senesces or becomes inactive and is no longer in use, as determined by the Designated Biologist(s) in consultation with CDFW.

Develop and Submit CBB Nest Relocation Plan

Permittee shall develop a CBB Nest Relocation Plan (CBB Plan) and submit it to CDFW as part of the appropriate Construction Phase Authorization Package (Condition of Approval 6.2) prior to initiating Covered Activities.

Relocate Unavoidable CBB Nest as Last Resort

The CDFW- approved Designated Biologist(s) with appropriate expertise in bumble bee capture and handling shall attempt to relocate the nest to a suitable location outside of the Project construction site following guidance from CDFW.

Monitor Relocated CBB Nest for One Week

Once relocated, the nest shall be monitored for at least one week by the Designated Biologist(s).

Notify CDFW Within 24 Hours of Potential Nest Loss

CDFW shall be contacted immediately (within 24 hours) to determine next steps.

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.

Confine MALI Ground Disturbance to Minimal Footprint

Permittee shall confine ground disturbance activities that could result in take of MALI to the minimal area necessary to conduct Covered Activities.

Station Biologist Onsite Daily During Initial Ground Disturbance

The Designated Biologist(s) shall be onsite each day during initial ground disturbing activities to assess the Project construction site and no-activity buffer (Condition of Approval 11.106).

Monitor Covered Activities in Suitable MALI Habitat

Following initial ground-disturbance activities, a Designated Biologist(s) and /or Biological Monitor(s) shall be on site to monitor Covered Activities occurring in suitable MALI habitat.

Stop Work Pending MALI Translocation Upon Discovery

If MALI is discovered within the Project construction site, the Designated Biologist(s) and or Biological Monitor(s) shall have the authority to stop Covered Activities until the plant is translocated to suitable habitat outside of the Project footprint in accordance with Condition of Approval 11.108.

Conduct Preconstruction MALI Floristic Survey

The Designated Biologist(s) with assistance (if needed) from the Biological Monitor(s) shall conduct preconstruction surveys consistent with CDFW-approved protocols (Condition of Approval 11.38) to identify the presence of MALI and suitable MALI habitat within all Project sites and a 100-foot buffer around each Project site, unless otherwise approved by CDFW.

Submit MALI Survey Results for CDFW Approval

Permittee shall submit the preconstruction survey results to CDFW as part of the appropriate Construction Phase Authorization Package (Condition of Approval 6.2) for written approval prior to initiating Covered Activities.

Repeat MALI Surveys Each Year in Suitable Habitat

Subsequent survey efforts conducted during the Project construction phase(s) shall occur each year Covered Activities are expected to occur in MALI habitat

Report MALI Survey Results Monthly and Annually

shall be reported to CDFW by the Permittee within the Monthly Compliance Reporting (Condition of Approval 10.12) and summarized within each Annual Status Report (Condition of Approval 10.13).

Avoid MALI Removal to Maximum Extent Practicable

Permittee shall avoid removal of the Covered Species to the maximum extent practicable.

Establish 100-Foot No-Activity Buffer Around MALI

Permittee shall establish a 100-foot no-activity buffer zone at least ten feet from the edge of the suitable habitat until Covered Activities in the area are completed. If a 100-foot no-activity buffer is not feasible, Permittee may reduce the no-activity zone to a minimum of 50 feet from the edge of the suitable habitat with CDFW written approval.

Delineate MALI Buffer With High-Visibility Materials

The buffer shall be delineated using high-visibility silt fencing, flagging, or similar materials along with appropriate signage.

Station Biologist Onsite During Buffer Installation

The Designated Biologist(s) and/or Biological Monitor(s) shall be onsite during all buffer installation activities that could result in take, including trenching, vehicular access, erecting fencing material, installing posts, and any other activities that require vehicle or foot traffic in MALI suitable habitat.

Maintain Buffer Fencing Integrity Through Weather

Permittee shall ensure the buffer material is supported sufficiently to maintain its integrity under all conditions, such as wind and heavy rain, for the duration of the Covered Activities in the Project construction site.

Submit MALI Buffer Zone Design Plan for CDFW Approval

The buffer zone design plan shall be submitted to CDFW for approval as part of the appropriate Phase Authorization Package.

Record and Report MALI Locations by GPS

MALI locations shall be recorded with global positioning system (GPS) and reported to CDFW in accordance with Condition of Approval 11.1.

Follow MALI Relocation Plan When Removal Is Unavoidable

Permittee shall follow the MALI Relocation Plan in Condition of Approval 11.108.

Site SCADA/Transmission Line Maintenance on Levee Landside

Where maintenance or repair of SCADA or transmission lines are necessary, maintenance activities shall occur on the landside of levees where the risk of erosion or debris entering the waterways is low.

Survey for MALI Before SCADA/Line Maintenance

Non-disturbance buffers around MALI shall be placed after preconstruction surveys are conducted by the Designated Biologist(s) and/or Biological Monitor(s) prior to maintenance activities.

Place Non-Disturbance Buffers Around MALI Before Maintenance

Non-disturbance buffers around MALI shall be placed after preconstruction surveys are conducted by the Designated Biologist(s) and/or Biological Monitor(s) prior to maintenance activities.

Prepare and Submit MALI Translocation Plan

Permittee shall prepare a Mortality Reduction and Translocation Plan (MALI Translocation Plan) for MALI and submit it to CDFW as part of the appropriate Construction Phase Authorization Package (Condition of Approval 6.2) for written approval prior to the initiation of Covered Activities.

Notify Biologist Immediately of MALI Found Onsite

If MALI is found within a Project construction site or maintenance area, Project personnel shall notify the Designated Biologist(s) immediately.

Collect, Handle and Relocate Threatened MALI Plants

The Covered Species may only be collected and handled by the CDFW-approved Designated Biologist(s) with expertise in handling plants. The Designated Biologist(s) shall determine whether the plant should be collected and handled and shall relocate the plant in accordance with the Translocation Plan. Collected plants shall be transplanted as soon as possible. The Designated Biologist(s) shall relocate the plant to a CDFW approved translocation site if the plant is directly threatened by Covered…

Call CDFW Within 24 Hours of Each MALI Transplant

The Designated Representative and/or Designated Biologist(s) shall notify CDFW within 24 hours (one calendar day) of each time a plant is transplanted. Notification to CDFW shall be via telephone and email

Submit Written MALI Transplant Report Within 2 Days

followed by a written incident report submitted to CDFW within two days of the incident.

Divert Only Within Fish Screen Approach Velocity Limit

Permittee shall only divert when the north Delta intake B and C fish screens are operating according to the CDFW 2000 Fish Screening Criteria and the NMFS 2023 Anadromous Salmonid Passage Design Manual.50, 51 In order to comply with CDFW and NMFS fish screening criteria, Permittee shall operate the north Delta intakes not to exceed the maximum uniform approach velocity (Va) of 0.2 feet per second across the wetted surface of each individual fish screen.

Spread Diversion Across Intakes to Minimize Localized Velocity

During diversions at the north Delta intakes, Permittee shall minimize localized Va by spreading the diversion as much as possible across intakes and fish screens, and by opening more fish screens than would be minimally required to meet the Va criterion.

Maintain Minimum Fish Screen Sweeping Velocity

Permittee shall operate the north Delta intakes to maintain a minimum uniform Vs of 0.4 feet per second across the wetted surface of each individual fish screen.

Conduct Regular Hydraulic Testing of Screen Velocities

Permittee shall conduct regular hydraulic testing in accordance with Condition of Approval 10.27 (Hydraulic Testing for Velocity Requirements) to ensure compliance with Va and Vs requirements identified in this Condition of Approval.

Develop Hydraulic Data Plan With CDFW

Permittee shall work collaboratively with CDFW to develop a Hydraulic Data Plan to use the data obtained from the new real-time monitoring station, in addition to upstream monitoring stations described in Section 20.2.1 of the Project Description and existing stations, to implement operating criteria described in this Condition of Approval and Condition of Approval 11.111. The plan shall take into consideration non-Project diversions that may occur between the north Delta intakes and the…

Prohibit Diversion Through Non-Functional Screen Units

Permittee shall close the gate behind a screen unit and not divert water through that screen unit at north Delta intake B or C at any time unless the screen unit is fully functional.

Notify CDFW Within 1 Day of Non-Operational Fish Screens

Permittee shall notify CDFW within one business day in writing if the fish screens are not operational at either north Delta intake.

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).

Prohibit Diversion While Delta Cross Channel Gates Are Open

Permittee shall not divert from the north Delta intakes while the Delta Cross Channel Gates are open.

Maintain Minimum Bypass Flow Below Intake C (Tidally Dominated)

Permittee shall not divert from the north Delta intakes unless an instantaneous bypass of Sacramento River flow of 10,000 cfs is maintained below the north Delta intake C. • Permittee shall not divert from the north Delta intakes unless a minimum bypass 25-hour running average Sacramento River flow of 6,000 cfs is maintained downstream of the north Delta intake C.

Cap Diversion at 6% of Flow, Tidally Dominated

Total Project diversions from the north Delta intakes shall not exceed six percent (6%) of the Sacramento River instantaneous flow. • Permittee shall not divert from the north Delta intakes from March 1 through May 31.

Cap Diversion at 6-10% of Flow, Transitional

Total Project diversions from the north Delta intakes shall not exceed six percent (6%) of the 25-hour running average Sacramento River flow at any time, unless otherwise approved through Condition of Approval 11.111.5. • Total north Delta intake diversions may take between 6% - 10% of the 25-hour running average Sacramento River flow, if approved through Condition of Approval 11.111.5 in response to a risk assessment (Condition of Approval 11.111.3), demonstrating that increased diversions…

Cap Diversion at 10-12% of Flow, Flow Dominated

Total Project diversions from the north Delta intakes shall not exceed ten percent (10 %) of the 25-hour running average Sacramento River flow at any time. • Total north Delta intake diversions may take between 10% - 12% of the 25-hour running average Sacramento River flow, if approved through Condition of Approval 11.111.5 in response to a risk assessment (Condition of Approval 11.111.3), demonstrating that increased diversions will not cause Covered Fish Species Biological Criteria to be…

Apply Tiered June Diversion Limits by Freeport Flow

Sacramento River flow at Freeport between 10,900 cfs – 15,000 cfs: Diversions shall not exceed 900 cfs. • Sacramento River flow at Freeport between 15,000 – 17,000 cfs: Diversions shall not exceed 6% of the Sacramento River flow at Freeport. • Sacramento River flow at Freeport between 17,000 – 20,000 cfs: Diversions shall not exceed 1,020 cfs plus 40% of Sacramento River flow above 17,000 cfs. • Sacramento River flow at Freeport above 20,000 cfs: Diversions shall not reduce Sacramento River…

Apply Post-15-Day High-Bypass June Diversion Limits

Sacramento River flow at Freeport between 10,900 – 15,000 cfs: Diversions shall not exceed 900 cfs plus 50% of the Sacramento River flow at Freeport above 11,000 cfs. Diversions shall not reduce Sacramento River bypass flows to less than 10,000 cfs. • Sacramento River flow at Freeport above 15,000 cfs: Diversions shall not exceed 2,000 cfs plus 80% of Sacramento River flow at Freeport above 15,000 cfs.

Coordinate Project Operations With CDFW During Phase 1 and 2

Permittee shall monitor and manage Project operations in close coordination with CDFW staff during Phase 1 and Phase 2 operations as described in Condition of Approval 11.110.

Apply November Risk-Based Diversion Criteria

November: Based on real-time operations as described in Conditions of Approval 11.111.3 and 11.111.5, if CDFW determines it is necessary based on an assessment of risk to Covered Fish Species, relative to the Covered Fish Species Biological Criteria (Conditions of Approval 11.115, 11.116, and 11.117), Permittee shall adhere to operating criteria described in Condition of Approval 11.111.

Apply Default December Through May Operating Criteria

December – May: Default operations shall adhere to operating criteria described in Condition of Approval 11.111. Condition of Approval 11.111 allows for risk assessments and real-time decision-making when flows in the Sacramento River are between 20,000 – 35,000 cfs (December – February) or above 35,000 cfs.

Apply Default June Operating Criteria Before Salmon Presence Off-Ramp

Before salmon presence off-ramp (Condition of Approval 11.111.6): Default operations shall adhere to operating criteria described in Condition of Approval 11.111.

Apply June Operations Criteria After Salmon Presence Off-Ramp

After a salmon presence offramp (Condition of Approval 11.111.6): Default operations shall adhere to June operations criteria in Condition of Approval 11.111.1. Based on real-time operations as described in Conditions of Approval 11.111.3 and 11.111.5, if CDFW determines it is necessary based on an assessment of risk to Covered Fish Species relative to the Covered Fish Species Biological Criteria (Conditions of Approval 11.115, 11.116, and 11.117), Permittee shall adhere to Diversion Criteria…

Apply July Risk-Based Diversion Criteria

July: Based on real-time operations as described in Conditions of Approval 11.111.3 and 11.111.5, if CDFW determines it is necessary based on an assessment of risk to Covered Fish Species, relative to the Covered Fish Species Biological Criteria (Conditions of Approval 11.115, 11.116, and 11.117), Permittee shall adhere to operating criteria described in Condition of Approval 11.111.

Maintain Mandatory Bypass Flow November 1 Through July 30

November 1 – July 30: The following criteria within Condition of Approval 11.111 shall be implemented from November 1 – July 30 without exception: o Permittee shall not divert from the north Delta intakes unless an instantaneous bypass of Sacramento River flow of 10,000 cfs is maintained downstream of the north Delta intake C at the gage required by Condition of Approval 10.20.1. o Permittee shall not divert from the north Delta intakes unless a minimum bypass 25- hour running average…

Maintain Minimum Bypass Flow August 1 Through September 30

August 1 – September 30: o Permittee shall not divert from the north Delta intakes unless a 3-day average bypass of Sacramento River flow of 5,000 cfs is maintained downstream of the north Delta Intake C at the gage required by Condition of Approval 10.20.1.

Maintain Minimum Bypass Flow October 1 Through October 31

October 1 - October 31: o Permittee shall not divert from the north Delta intakes unless a 3-day average bypass of Sacramento River flow of 7,000 cfs is maintained downstream of the north Delta Intake C at the gage required by Condition of Approval 10.20.1.

Implement Year-Round Diversion Conditions of Approval

Year-round: Permittee shall implement Conditions of Approval 11.109, 11.112, 11.113, and 11.114.

Establish NDDMT Membership With CDFW and Optional Federal Partners

The NDDMT shall include representatives from Permittee and CDFW. Upon mutual agreement, representatives from Reclamation, USFWS, and NMFS staff may also attend.

Convene NDDMT Weekly Beginning First Week of October

Permittee shall convene the NDDMT weekly starting the first week in October each year during Phase 1 and Phase 2 operations.

Begin Risk Assessments Last Week of October and Meet Weekly Through November

The NDDMT shall begin to conduct risk assessments the last week of October, to look ahead to conditions starting in November, and meet weekly throughout November.

Convene NDDMT As Needed December Through June

Permittee may convene the NDDMT and conduct weekly Project operations risk assessments as needed from December – June each year.

Convene NDDMT Weekly in July

Permittee shall convene weekly NDDMT meetings in July to conduct risk assessments.

Provide NDDMT Raw Data and Modeling to CDFW Within 10 Days of Request

Permittee shall make all raw data and modeling utilized as part of NDDMT available to CDFW within ten days of a request.

Conduct Risk Assessments Covering Components A Through G

Risk assessments shall include, but not be limited to, Components A – G below, and associated data sources. Permittee may change listed data sources or modeling consistent with current best available science and as approved by CDFW.

Develop and Submit NDDMT Charter for CDFW Approval

Permittee shall submit drafts of the team charter to CDFW for review no less than eight months prior to the start of Phase 1 Operations.

Convene NDDMT to Review Real-time Operations Data

Permittee shall convene the NDDMT to consider Covered Fish Species survey data, salvage data, other pertinent biotic and abiotic factors, and hydrologic and biological modeling outputs.

Prepare Weekly Risk Assessment for Operating Criteria Changes

NDDMT staff shall provide input on risk assessments prepared to anticipate impacts on Covered Fish Species that could occur if a temporary change in operating criteria described in Condition of Approval 11.111 were approved for the coming week.

Resolve Disputed Real-time Operations Decisions

Permittee and CDFW WOMT representatives shall then confer and attempt to reach a resolution and agreed-upon Project operations. If a resolution is reached, Permittee shall operate consistent with the decision regarding Project operations made by Permittee and CDFW WOMT representatives.

Determine Salmon Passage and Temperature Trigger for June Shift

95% of CHNWR and CHNSR have exited the Delta past Chipps Island as determined through Condition of Approval 11.111.5; o Daily mean water temperature at Prisoner’s Point (CDEC station PPT) is > 22.2oC for seven days (does not have to be consecutive) in June.

Cap Combined South and North Delta SWP Diversions

Permittee shall limit combined SWP water diversions at the existing south Delta facilities and the north Delta intakes to the amount allowed under Condition of Approval 11.114.

Restrict Additional Upstream Reservoir Releases for Diversion

Permittee shall not change upstream reservoir operations to move additional stored water through the north Delta intakes. Permittee shall not make additional stored water releases, beyond those possible or required as of the date of issuance of this ITP without the use of the Project, from the Lake Oroville Complex, or any other of its existing upstream reservoirs for the purpose of south Delta SWP exports, except: • A shift in exports from south Delta facilities to the north Delta intakes that…

Prohibit North Delta Diversions During Low-Export Balanced Conditions

When balanced conditions are declared, consistent with COA, and the CVP and SWP are collectively withdrawing water from storage, Permittee shall not conduct diversions at the north Delta intakes when combined south Delta exports are less than or equal to 3,000 cfs.

Limit Export Shifting to North Delta During Balanced Conditions

Shifting of exports from south Delta export facilities to north Delta export facilities during balanced conditions shall be limited by the following: • Export/inflow (E/I) ratio in D-1641; • Operating criteria described in Conditions of Approval 11.109, 11.111, 11.112, and 11.114; • Maintaining combined SWP and CVP south Delta diversions greater than 3,000 cfs; or • Maintaining total combined SWP diversion at the south Delta and north Delta diversions less than or equal to 7,180 cfs, excluding…

Develop and Implement Real-time Information Sharing Process with CDFW

No less than three years prior to initiating Phase 1 Operations, Permittee shall collaborate with CDFW to develop a process to share information with CDFW in real time and facilitate evaluation of hydrologic and operational data required to implement this Condition of Approval and Condition of Approval 11.112.

Cap Combined South and North Delta SWP Diversions

Permittee shall operate the north Delta intakes at all times to ensure that total SWP diversions from both south and north Delta intakes do not exceed 10,350 cfs on a daily average.

Obtain CDFW Approval for Biological Criteria Compliance Models

All models used to assess compliance with the Biological Criteria shall be subject to CDFW approval.

Assess Covered Activities Against Smelt Entrainment and Abundance Criteria

Permittee shall ensure that Covered Activities, including construction and operations, do not result in: • A greater than 0.36 probability of reducing DS or LFS larvae exiting past Chipps Island, and instead becoming entrained in the north Delta intakes or central and south Delta, by greater than or equal to 3% as a result of Covered Activities relative to baseline conditions; and • A greater than 0.40 probability of reducing the LFS Fall Midwater Trawl Index by more than 3% as a result of…

Assess Smelt Population Growth Rate Against Baseline

Permittee shall ensure that Phase 1 and Phase 2 operations do not result in a net negative change in DS or LFS population growth rate relative to baseline conditions as measured using the DS and LFS life cycle models required by Condition of Approval 10.21.2.

Obtain CDFW Approval for Salmonid Biological Criteria Models

All models used to assess compliance with the Biological Criteria shall be subject to CDFW approval.

Monitor for Juvenile Salmon Entrainment at North Delta Intakes

Permittee shall ensure that Phase 1 and Phase 2 operations do not result in entrainment of juvenile CHNWR or CHNSR into the north Delta intakes.

Assess Covered Activities Against Salmonid Survival Criterion

Permittee shall ensure that Covered Activities, including construction and operations, do not result in a greater than 0.06 probability of reducing juvenile CHNWR or CHNSR through-Delta survival of CHNWR or CHNSR by more than 4% relative to baseline conditions.

Assess Salmonid Population Growth Rate Against Baseline

Permittee shall ensure that Phase 1 and Phase 2 operations do not result in a net negative change in CHNWR or CHNSR population growth rate relative to baseline conditions as measured using the CHNWR and CHNSR life cycle models required by Condition of Approval 10.21.2.

Obtain CDFW Approval for White Sturgeon Biological Criteria Models

All models used to assess compliance with the Biological Criteria shall be subject to CDFW approval.

Assess Covered Activities Against Sturgeon Catch Criterion

Permittee shall ensure that Covered Activities, including construction and operations, do not result in a greater than 0.22 probability of reducing catch per unit effort of young-of-year WS more than 4% relative to baseline conditions.

Assess Sturgeon Population Growth Rate Against Baseline

Permittee shall ensure that Phase 1 and Phase 2 operations do not result in a net negative change in WS population growth rate relative to baseline conditions as measured using the WS life cycle model required by Condition of Approval 10.21.2.

Meet Compensatory Mitigation Acreage via Credits or HM Lands

Permittee shall either purchase Covered Species credits from a CDFW- approved mitigation or conservation bank pursuant to Condition of Approval 12.10 to achieve the acreage requirements described in Table 12-1 and Table 12-2, or shall provide for both the permanent protection, restoration, and initial and long-term management and monitoring of Habitat Management (HM) lands pursuant to Condition of Approval 12.11 below and consistent with Covered Species habitat criteria described in Attachment…

Obtain CESA Authorization for HM Lands Activities

Because no take authorization is provided through this permit for the HM lands activities, Permittee shall obtain CESA authorization as necessary to implement HM land requirements.

Maintain 10% HM Lands Stay-Ahead Ratio

Permittee shall ensure the ratio of cumulative HM lands protection and restoration for each Covered Species remains at least 10 percent (10%) greater than the proportional cumulative impacts to each Covered Species habitat until the compensatory mitigation acreages in Table 12-1 and Table 12-2 have been achieved.

Amend ITP When Actual Impacts Vary from Anticipated

Permittee may request an amendment if actual impacts as documented in the Phase Authorization packages are less than anticipated in this ITP based on updated information, including site surveys or modeling of Project operations. Amendment shall also be required if impacts are greater than anticipated.

Complete Mitigation or Security Before Phase Impacts

Purchase of Covered Species credits, restoration (where required), permanent HM land protection, and funding for perpetual monitoring and management of compensatory habitat, must be complete before starting Covered Activities, or if Security is provided pursuant to Condition of Approval 13 below for all uncompleted obligations, before incurring impacts to Covered Species for each Phase’s Covered Activities.

Obtain CDFW Written Approval for Mitigation Projects

All individual protection and restoration projects proposed to achieve the compensatory mitigation requirements in this Condition of Approval shall be subject to CDFW approval in writing.

Calculate Phase Impacts and Mitigation for Authorization Package

Permittee shall calculate the total impacts on Covered Species and the corresponding amount of compensatory mitigation, on-site restoration, or other mitigation obligations required for each Phase of the Project prior to the beginning of each Phase, which calculation shall be included in the Phase Authorization Package submitted to CDFW for review.

Document Stay-Ahead Compliance in Annual Status Report

Permittee shall include in its Annual Status Report, pursuant to Condition of Approval 10.13, documentation demonstrating that cumulative HM lands permanently protected (and restored where required) for each Covered Species is at least 10 percent (10%) greater than the proportional cumulative impacts to each Covered Species habitat, based on the requirements shown in Table 12-1 and Table 12-2 below (10 percent stay-ahead requirements).

Notify CDFW and Provide Plan for Stay-Ahead Shortfall

Permittee immediately shall notify CDFW and provide a plan for permanent protection, and restoration if required, of the necessary HM lands before proceeding with the Covered Activities causing the impact.

Restore Temporarily Impacted Covered Species Habitat

Permittee shall also restore on-site acreages of temporarily impacted Covered Species habitat described in Table 12-1 pursuant to Condition of Approval 12.3.

Verify Transmission Line and Preconstruction Impact Multipliers

Permittee shall verify the accuracy of the multipliers assumed through its Annual Status Report documentation of impacts and mitigation (Conditions of Approval 10.9, 10.13, 12).

Backfill and Restore Preconstruction Investigation Sites

Permittee shall backfill subsurface pits, trenches, and boreholes from preconstruction activities within one year of initiating Covered Activities with the excavated material, and shall place the stockpiled topsoil at the surface and fully restore the site where field investigations were conducted (see Condition of Approval 12.3.3).

Site Geotechnical Test Locations Away From Aquatic Features

Preconstruction activities on the surface over tunnel sections shall avoid siting test trenches, CPTs, and boring in aquatic features.

Restore Temporarily Disturbed Covered Species Habitat On-Site

Temporarily affected areas within Covered Species habitat and identified for on-site restoration shall be restored within one year of disturbance to pre-Project conditions or better, including grade and hydrology.

Obtain CDFW-Approved Species-Specific Restoration Guidelines

Species-specific restoration efforts shall comply with guidelines approved by CDFW prior to the initiation of Covered Activities following Condition of Approval 10.4 suitable habitat features and Attachment 4.

Recontour and Reseed Temporary Impact Areas Same-Year

recontouring and reseeding of each temporary impact area shall occur within the year of the impact initially occurring and consistent with the Restoration and Revegetation Plan (Condition of Approval 12.3.3), and no additional ground disturbing activities shall occur

Remove Exclusion Fencing by October 31 Near Aquatic Features

if the impact area is within 1,000 feet of an aquatic feature, all work shall be completed within this area and exclusion fencing shall be removed by October 31 of the same year, allowing the Covered Species unrestricted access between upland and aquatic habitats

Obtain CDFW Approval of Restoration Plan Before Temporary Impacts

Permittee shall not initiate Covered Activities that will result in temporary impacts to Covered Species habitat, including preconstruction activities, until the Restoration Plan is approved in writing by CDFW.

Develop Temporary Impact Restoration Schedule

Permittee shall develop a Temporary Impact Restoration Schedule that ensures: (1) removal of invasive substrate, recontouring, and seeding of temporary impact areas shall occur within the same year and at appropriate times to ensure seedling success ; and (2) all temporary impacts from prior years shall meet the recontouring and seeding criteria and shall achieve vegetation success as described in the Restoration and Revegetation Plan (See Condition of Approval 12.3.3).

Submit Restoration and Revegetation Plan for CDFW Approval

Permittee shall submit the Restoration Plan to CDFW as part of the appropriate Phase Authorization Package (Condition of Approval 6.2).

Establish Reference and Treatment Transects for Restoration

Permittee shall establish a representative number of transects within disturbed areas (“treatment”) which will each be associated with a reference (“control”) site (i.e., site within intact natural habitat that will be used as a model for restoration activities).

Design Seed Mix and Target Vegetation Communities

Seed mixes shall be identified for approval as part of the Restoration Plan and shall include a mix of locally native species and non-native forage species (no species designated by the California Invasive Plant Council (Cal-IPC) as high or moderate invasive species may be used), including diverse assemblages of native and non-native flora, with an emphasis on nonnative bunchgrasses and other grassland species including local, native wildflowers and/or shrub seeds. Self-sustaining and/or…

Remove Invasive Substrate and Manage Restoration Fill

Gravel and other invasive substrate shall be removed from restoration areas. (2) To the maximum extent feasible, topsoil shall be salvaged from within on-site Project areas prior to construction. Imported fill soils shall be limited to weed-free and pathogen-free topsoil similar in texture, chemical composition and pH to soils found at the Project Site(s). (3) Permittee may import and place up to three feet of soil in compacted areas to increase the potential for vegetation establishment. Fill…

Protect Restoration Soils and Meet Seeding Window

Minor recontouring may be conducted; however, Permittee shall limit grading, compaction, fill, and other earthmoving activities to the Project construction site. Soils shall be protected from wind erosion using a biodegradable erosion control blanket or appropriate mulch cover (i.e., hydroseed), or other appropriate methods approved by CDFW, until vegetation is established. Seed shall be applied in the early fall, between October 15 and October 31. If feasible, seed shall be applied immediately…

Install Barriers to Protect Restored Road Shoulders

Drivers may attempt to use adjacent shoulders for parking or to avoid ruts that form in roadways. To protect restored habitat adjacent to permanent roadways, permanent roads shall be kept in good repair, and barriers or fill shall be placed between the edge of the road and restored shoulders at the same grade to restrict vehicular access.

Control Invasive Plants at Restoration Sites

Permittee shall oversee the management of invasive plants within Project construction sites and Project maintenance areas and may use control methods such as hand removal, light grubbing, mowing, or grazing within seeding and planting areas following vegetation restoration.

Meet Restoration Survivorship Success Standards

Success standards to ensure a minimum of 70 percent survivorship for three years after the last planting at each site and proposed remedial actions if those standards are not met.

Monitor and Maintain Restoration Areas to Success

Permittee is responsible for monitoring and maintaining the habitat restoration areas for a period of three years or until the Restoration Plan success criteria have been met as determined by the Designated Biologist(s) and/or Biological Monitor(s) and CDFW in writing.

Submit Restoration Monitoring Reports to CDFW

For the first year, Permittee shall submit two monitoring reports. After the first six months following completion of restoration activities at a Project Site, Permittee shall submit the first monitoring report detailing vegetation establishment, percent invasive plant species, site photos, and other relevant observations regarding success of the restoration project(s) to CDFW.

Perform Remedial Restoration When Standards Are Unmet

Should the survival and/or cover requirements not meet the performance standards outlined in the Restoration Plan, Permittee is responsible for replacement planting, additional watering, weeding, invasive plant eradication, or any other practice to achieve the above requirements.

Submit Bird Strike Diverter Plan for CDFW Approval

Permittee shall submit a plan describing the location and type of bird strike diverters installed as compensatory mitigation for impacts to SWHA and TRBL to CDFW for review and approval as part of the appropriate Construction Phase Authorization Package (Condition of Approval 6.2).

Install Bird Strike Diverters on Transmission Lines

Permittee shall install bird strike diverters on newly constructed and existing transmission lines within the Project Area as a part of Covered Activities and shown in Attachment 1, Figures 5 and 6 consistent with Condition of Approval 11.17.1.

Maintain Installed Bird Strike Diverters

Upon written approval of the Plan by CDFW, Permittee shall install and maintain all bird strike diverters.

Plant Replacement Nest Trees for Each Removed Nest Site

For each occupied nest site removed as a result of Covered Activities, Permittee shall plant five mature suitable nest trees (at least 20 feet tall) and 15 five-gallon container sized suitable nest trees (see Condition of Approval 10.4 and Attachment 5) at a location that is within preserved HM lands and approved in writing by CDFW.

Site Replacement Nest Trees per Spacing Criteria

Establish replacement nest sites at least 0.5 miles apart. • Establish replacement nest sites at least 0.25 miles from any existing suitable nest tree and at least 0.5 miles from any existing occupied nest tree. • Establish replacement nest sites as close as possible to the impacted nest site, unless such location would have low long-term conservation value due to threats such as ongoing disturbance, seasonal flooding, or sea level rise. • Plant the five mature trees and 15 saplings in sites…

Plant Replacement Trees for Each Suitable Nest Tree Removed

For each suitable nest tree removed as a result of Covered Activities, Permittee shall plant five native trees (five-gallon container size) suitable for SWHA nesting to replace lost suitable nest trees consistent with Condition of Approval 10.4 and Attachment 4 at sites within or adjacent to conserved foraging habitat.

Monitor Replacement Nest Trees for Ten Years and Beyond

Permittee shall monitor and maintain all replacement trees (mature trees and saplings) for a period of ten years to ensure survival and appropriate growth and development.

Irrigate and Maintain Replacement Nest Trees

Permittee shall provide all necessary maintenance (e.g., fertilizing, irrigation) to ensure successful tree establishment. Permittee shall irrigate trees for a minimum of five years after planting, and then gradually wean the trees off the irrigation during a period of approximately two years.

Meet Replacement Nest Tree Survival Standard

Success shall be measured as an 80% survival rate of mature trees and 80% survival rate of saplings at five and ten years after planting.

Site, Design and Restore DS/LFS Tidal and Spawning Habitat

Permittee shall complete siting, design, and restoration of required DS and LFS compensatory mitigation prior to initiation of in- water construction Covered Activities that impact DS and LFS habitat.

Obtain CDFW Approval of Habitat Restoration Projects

All DS tidal perennial habitat restoration and shallow spawning habitat restoration shall be subject to approval by CDFW.

Monitor Habitat Mitigation Sites for Ten Years

Permittee shall monitor habitat mitigation sites for a period of at least 10 years to ensure the effectiveness both as refuge and spawning habitat.

Coordinate with CDFW on Mitigation Site Selection and Design

Permittee shall coordinate with CDFW throughout the process of site selection and restoration design for habitat mitigation (HM) lands intended to serve as compensatory mitigation for impacts to DS and LFS habitat.

Integrate Spawning Habitat Study into Design

Permittee shall integrate the results from the Ecological Response Evaluation Study: Delta Smelt and Longfin Smelt Spawning Habitat Study (Condition of Approval 10.21.5) into shallow spawning habitat design and implementation.

Site, Design and Restore DS Operations Mitigation Habitat

Permittee shall complete siting, design, and restoration of required DS compensatory mitigation prior to initiation of Phase 1 Operations.

Obtain CDFW Approval of DS Tidal Wetland Restoration

All DS tidal wetland habitat restoration shall be subject to CDFW approval.

Coordinate with CDFW on Operations Mitigation Site Selection

Permittee shall coordinate with CDFW throughout the process of site selection and restoration design for HM lands intended to serve as compensatory mitigation for impacts to DS habitat.

Model Operations Effects on DS Habitat in Suisun Marsh

Permittee shall work collaboratively with CDFW to model anticipated changes in the spatial and temporal extent of DS suitable habitat in Suisun Marsh and Grizzly Bay as a result of Phase 1 and Phase 2 operations.

Operate SMSCG Additional Days for DS Summer-Fall Habitat

Permittee shall operate SMSCG for additional days, beyond requirements included in the 2024 ITP, between June 1 and October 31.

Site, Design and Restore LFS Operations Mitigation Habitat

Permittee shall site, design, restore, preserve, and provide for perpetual management of 1,352 acres of tidal perennial habitat, which may be a combination of mesohaline and/or freshwater, as compensatory mitigation to expand the diversity, quantity, and quality of LFS rearing and refuge habitat in the tidal portions of the Delta and Suisun Marsh.

Coordinate Agency Approval of LFS Mitigation Site and Design

Permittee shall coordinate with USFWS and CDFW throughout the process of site selection and restoration design for HM lands intended to serve as compensatory mitigation for impacts to LFS habitat. All LFS mesohaline habitat restoration shall be subject to approval by CDFW.

Model Operational Scenarios for Spring LFS Distribution

At least two years before initiating Phase 1 operations, Permittee shall work collaboratively with CDFW to use hydrologic and biological modeling to develop an approach to reduce the effect of Project Phase 1 and Phase 2 operations on the distribution of larval and juvenile LFS in the upper estuary (e.g., Suisun Marsh, Suisun Bay, San Pablo Bay) resulting from reduced outflow.

Implement Approved Operational Scenario During Operations

Permittee shall implement the final CDFW-approved operational scenario during Phase 1 and Phase 2 operations.

Fund Longfin Smelt Culture Program

Permittee shall contribute $6,000,000 to support and augment the existing implementation of the Longfin Smelt Culture Program established in the 2024 ITP (ITP No. 2081-2023-054-00).

Site, Design and Restore CHNWR/CHNSR Construction Mitigation

Permittee shall site, design, restore, preserve, and provide for perpetual management of the required CHNWR and CHNSR tidal perennial habitat totaling 18.26 acres and channel margin habitat totaling 9,866 linear feet to expand the diversity, quantity, and quality of rearing habitat in the Sacramento River or associated sloughs downstream of the north Delta intakes to offset impacts to habitat associated with construction of the north Delta intakes (Table 12-1). Permittee shall site, design, and…

Coordinate CDFW Approval of CHNWR/CHNSR Mitigation Design

Permittee shall coordinate with CDFW during the process of site selection and restoration design for habitat mitigation lands intended to serve as compensatory mitigation for construction impacts to CHNWR and CHNSR habitat. All CHNWR and CHNSR tidal perennial habitat and channel margin habitat restoration shall be subject to CDFW approval.

Site, Design and Restore CHNWR/CHNSR Operations Mitigation

Permittee shall site, design, restore, preserve, and provide for perpetual management of required CHNWR and CHNSR tidal perennial habitat totaling 3,500 acres and channel margin habitat totaling 2,634 linear feet to expand diversity, quantity, and quality of rearing habitat in the Sacramento River or associated sloughs downstream of the north Delta intakes to offset impacts to habitat associated with operation of the north Delta intakes (Table 12-2). Permittee shall site, design, and restore…

Coordinate CDFW Approval of CHNWR/CHNSR Operations Mitigation Design

Permittee shall coordinate with CDFW during the process of site selection and restoration design for habitat intended to serve as compensatory mitigation for operations impacts to CHNWR and CHNSR habitat. All CHNWR and CHNSR channel margin and tidal perennial habitat restoration shall be subject to approval by CDFW.

Fund CHNWR/CHNSR Operations Mitigation Projects

In addition to the compensatory mitigation requirements shown in Table 12-2, and upon approval of the change in point of diversion for the Project by the State Water Board, Permittee shall provide $8,000,000 to benefit CHNWR and CHNSR in the Sacramento-San Joaquin Delta or the Sacramento River watershed upstream of the Delta as compensatory mitigation for impacts to CHNWR and CHNSR associated with operation of the north Delta intakes during Phase 1 and Phase 2 operations.

Coordinate Annual Selection of CHNWR/CHNSR Funded Projects

Consideration shall be given to genetic management and refugial population establishment as a part of the process to select and use this funding toward the highest priority projects for CHNSR. Permittee shall coordinate with CDFW, NMFS, USFWS, Reclamation and other entities undertaking restoration and enhancement actions to identify the highest priority projects for funding annually and to accomplish the required CHNWR and CHNSR compensatory mitigation for impacts associated with Project…

Site, Design and Restore White Sturgeon Construction Mitigation

Permittee shall site, design, restore, preserve, and provide for perpetual management of the required WS tidal perennial habitat totaling 18.26 acres and channel margin habitat totaling 9,866 linear feet to expand the diversity, quantity, and quality of rearing habitat in the Sacramento River or associated sloughs downstream of the north Delta intakes to offset impacts to habitat associated with construction of the north Delta intakes (Table 12-1). Permittee shall site, design, and…

Coordinate CDFW Approval of White Sturgeon Mitigation Design

Permittee shall coordinate with CDFW during the process of site selection and restoration design for habitat mitigation lands intended to serve as compensatory mitigation for construction impacts to WS habitat. All WS tidal perennial habitat and channel margin habitat restoration shall be subject to CDFW approval.

Site, Design and Restore White Sturgeon Operations Mitigation

Permittee shall site, design, restore, preserve, and provide for perpetual management of required WS tidal perennial habitat totaling 3,500 acres and channel margin habitat totaling 2,634 linear feet to expand diversity, quantity, and quality of habitat in the Sacramento River to offset impacts to habitat associated with operation of the north Delta intakes (Table 12-2). Permittee shall site, design, and restore required WS compensatory mitigation prior to initiating Phase 1 Operations.

Coordinate CDFW Approval of WS Operations Mitigation Design

Permittee shall coordinate with CDFW during the process of site selection and restoration design for habitat intended to serve as compensatory mitigation for operations impacts to WS habitat. All WS habitat restoration shall be subject to approval by CDFW.

Fund White Sturgeon Operations Mitigation

Upon approval of the change in point of diversion for the Project by the State Water Board, Permittee shall provide $1,300,000 to benefit WS in the Sacramento River, Delta, and/or San Joaquin River watersheds as compensatory mitigation for impacts associated with operation of the north Delta intakes during Phase 1 and Phase 2 operations.

Fund and Complete CDFW-Approved White Sturgeon Projects

Prior to initiation of in-water construction Covered Activities, Permittee shall work collaboratively with CDFW to fund projects to offset impacts of Project Phase 1 and Phase 2 operations on WS. Final selection of projects shall be subject to CDFW approval. Permittee shall complete all CDFW-approved projects before initiating Phase 1 Operations.

Re-evaluate WS Operations Impacts with Life Cycle Model

As a part of the process to develop and finalize projects to offset impacts of Project Phase 1 and Phase 2 operations on WS, Permittee and CDFW shall collaboratively use the WS Life Cycle Model to re-evaluate Project impacts on WS as compared to the analyses used to support this ITP.

Estimate Security Costs for HM Land Acquisition and Management

For the purposes of determining the Security amount for each Project Phase, Permittee shall provide the cost sufficient for CDFW or its contractors to complete acquisition, protection, and perpetual management of the HM lands as follows:

Estimate HM Land Acquisition Costs at Fair Market Value

Land acquisition costs shall be estimated using local fair market current value per acre for lands with habitat values meeting mitigation requirements. All other costs necessary to review and acquire the land in fee title and record a conservation easement as described in Conditions of Approval 12.11.1 and 12.11.2 below;

Estimate Long-Term HM Lands Management Funding

Permittee shall estimate long-term management funding for the purpose of providing Security to ensure implementation of HM lands management.

Obtain CDFW Approval Before Purchasing Covered Species Credits

If the Permittee elects to purchase Covered Species credits to complete compensatory mitigation obligations for any Project Phase, prior to purchase of Covered Species credits, Permittee shall obtain CDFW approval to ensure the mitigation or conservation bank is appropriate to compensate for the impacts of the Project Phase.

Submit Bill of Sale and Payment Receipt for Purchased Credits

Permittee shall submit to CDFW a copy of the Bill of Sale(s) and Payment Receipt prior to initiating Covered Activities in advance of incurring impacts to Covered Species habitat.

Transfer Fee Title of HM Lands to CDFW

Transfer fee title of the HM lands to CDFW pursuant to terms approved in writing by CDFW. Alternatively, CDFW, in its sole discretion, may authorize a governmental entity, special district, non-profit organization, for-profit entity, person, or another entity to hold title to and manage the property provided that the district, organization, entity, or person meets the requirements of Government Code sections 65965-65968, as amended.

Obtain CDFW Approval of HM Lands Conservation Easement

The Permittee shall obtain CDFW written approval of any conservation easement before its execution or recordation. No conservation easement shall be approved by CDFW unless it complies with Civil Code sections 815-816, as amended, and Government Code sections 65965- 65968, as amended and includes provisions expressly addressing Government Code sections 65966(j) and 65967(e).

Obtain CDFW Approval of HM Lands Before Acquisition or Transfer

Obtain CDFW written approval of the HM lands before acquisition and/or transfer of the land by submitting, at least three months before acquisition and/or transfer of the HM lands, documentation identifying the land to be purchased or property interest conveyed to an approved entity as mitigation for the Project’s impacts on Covered Species. HM lands may be proposed and approved in segments or subsets.

Provide Title and Environmental Documentation for HM Lands

Provide a recent preliminary title report, Phase I Environmental Site Assessment, and other necessary documents (please contact CDFW for document list). All documents conveying the HM lands and all conditions of title are subject to the approval of CDFW, and if applicable, the Wildlife Conservation Board and the Department of General Services.

Designate CDFW-Approved Interim and Long-Term Land Managers

Designate both an interim and long-term land manager approved by CDFW. The interim and long-term land managers may, but need not, be the same. The interim and/or long-term land managers may be the landowner or another party. Documents related to land management shall identify both the interim and long-term land managers.

Notify CDFW of Land Manager Changes Within 30 Days

Permittee shall notify CDFW of any subsequent changes in the land manager within 30 days of the change.

Prepare Final Management Plan for HM Lands

preparing a final management plan for CDFW approval

Conduct Baseline Biological Assessment and Land Survey

conducting a baseline biological assessment and land survey report within four months of recording or transfer

Complete Initial HM Lands Site Establishment Tasks

developing and transferring Geographic Information Systems (GIS) data if applicable; (4) establishing initial fencing; (5) conducting litter removal; (6) conducting initial habitat restoration or enhancement, if applicable; and (7) installing signage.

Implement Interim Management of HM Lands

Interim management period activities described in the final management plan shall include fence repair, continuing trash removal, site monitoring, vegetation and invasive species management, and any other expected management activities.

Fund Interim Management from SWP Contractor Charges

Permittee shall provide funding for interim management of the HM lands by using revenues derived from SWP charges to the SWP Contractors under long-term water supply contracts and any subsequent agreements.

Implement Perpetual Management of HM Lands

After the interim management period, Permittee shall ensure that the designated long-term land manager implements the management and monitoring of the HM lands according to the final management plan.

Provide Annual Long-Term HM Lands Management Funding

After obtaining CDFW approval of the HM lands, Permittee shall provide long- term management funding for the perpetual management of the HM lands.

Establish Endowment When SWP Funding Ends

If SWP charges to the SWP Contractors are no longer available as funding, Permittee shall establish a long-term management fund (Endowment).

Fund the Endowment at Minimum Ten Percent Annually

Permittee shall fund the Endowment by contributing a minimum of ten percent of the amount required by the PAR (adjusted for present value) annually, commencing the fiscal year that SWP charges to the SWP Contractors are no longer an available funding source, to a mutually agreed upon account, until the Endowment is fully funded

Submit Endowment Manager Proposal to CDFW

Permittee shall submit to CDFW a written proposal that includes: (i) the name of the proposed Endowment Manager; (ii) whether the proposed Endowment Manager is a governmental entity, special district, nonprofit organization, community foundation, or congressionally chartered foundation; (iii) whether the proposed Endowment Manager holds the property or an interest in the property for conservation purposes as required by Government Code section 65968(b)(1) or, in the alternative, the basis for…

Prepare Endowment Assessment (PAR-Equivalent)

Permittee shall prepare an endowment assessment (equivalent to a Property Analysis Record (PAR)) to calculate the amount of funding necessary to ensure the long-term management of the HM lands (Endowment Deposit Amount).

Submit Endowment Assessment for CDFW Approval

Permittee shall submit to CDFW for review and approval the results of the endowment assessment before transferring funds to the Endowment Manager.

Obtain and Apply Endowment Capitalization Rate

Permittee shall obtain the capitalization rate from the selected Endowment Manager for use in calculating the endowment assessment and adjust for any additional administrative, periodic, or annual fees.

Include Viability Buffers in Endowment Assumptions

Permittee shall include in the endowment assessment assumptions the following buffers for endowment establishment and use that will substantially ensure long-term viability and security of the Endowment:

Add 10 Percent Contingency to Endowment Calculation

A 10 percent contingency shall be added to each endowment calculation to hedge against underestimation of the fund, unanticipated expenditures, inflation, or catastrophic events.

Assume Three Years Delayed Endowment Spending

The endowment shall be established assuming spending will not occur for the first three years after full funding.

Withhold Non-annualized Capital Expenses from Annual Disbursement

For all large capital expenses to occur periodically but not annually such as fence replacement or well replacement, payments shall be withheld from the annual disbursement until the year of anticipated need or upon request to Endowment Manager and CDFW.

Fund Endowment Deposit Amount Over Ten Years

Permittee shall fund the Endowment Deposit Amount over a maximum 10-year period, in annual amounts of at least 10% of the total Endowment Deposit Amount, adjusted for inflation, as approved by CDFW in writing.

Hold and Pool Endowment with Separate Accounting

the approved Endowment Manager may pool the Endowment with other endowments for the operation, management, and protection of HM lands for local populations of the Covered Species but shall maintain separate accounting for each Endowment.

Obtain CDFW Approval Before Executing Endowment Agreements

No agreement governing the management and expenditure of the Endowment, if established, shall be executed prior to obtaining written approval of CDFW.

Require CDFW Approval Before Principal Disbursement

the Endowment Manager shall not make any disbursement from the Endowment that will result in expenditure of any portion of the principal of the endowment without the prior written approval of CDFW in its sole discretion. Permittee shall ensure that this requirement is included in any agreement of any kind governing the holding, investment, management, and/or disbursement of the Endowment funds.

Process CDFW-Directed Endowment Expenditures

if CDFW determines in its sole discretion that an expenditure needs to be made from the Endowment to preserve the conservation values of the HM lands, the Endowment Manager shall process that expenditure in accordance with directions from CDFW.

Reimburse CDFW Costs for ITP Issuance and Monitoring

Permittee shall reimburse CDFW for all reasonable costs incurred by CDFW related to issuance and monitoring of this ITP, including, but not limited to transaction fees, account set-up fees, administrative fees, title and documentation review and related title transactions, costs incurred from other state agency reviews, and overhead related to transfer of HM lands to CDFW, if applicable.

Calculate Security Amount Before Each Phase Approval

The Security for each Phase shall be calculated prior to approval of that Phase based on the instructions provided in the Phase Authorization Form (Attachment 6) and Condition of Approval 12.9.

Submit Initial CESA Mitigation Funding Strategy

Permittee shall prepare and submit to CDFW within one year of issuance of a State Water Board approval of a change in point of diversion for the Project an initial CESA mitigation funding strategy for review and approval. The strategy shall include detailed cost estimates regarding implementation of construction-related monitoring and avoidance costs and mitigation costs including, as applicable: 1) purchase of mitigation or conservation bank credits; 2) HM lands acquisition and start-up costs…

Submit Periodic Updates to Mitigation Funding Strategy

Permittee shall submit detailed updates to the strategy to CDFW for review and approval as part of any Phase Authorization Package. If a Phase will exceed three years, the strategy shall be updated and submitted to CDFW for review and approval every three years. These updates shall include extension of the detailed funding strategy for five (5) years post submission date, and shall include a description of expenditures to date for compliance with Conditions of Approval 12.1 through 12.8. To the…

Submit Fish Monitoring and Science Funding Strategy

With submittal of the draft Covered Fish Species Monitoring and Science Plan, Permittee shall provide a funding strategy for CDFW review and approval, which shall include costs associated with 1) planning and implementing required studies and monitoring, and 2) costs associated with preparing and submitting required reports.

Demonstrate Funding Arrangements Before Impacts to Covered Species

Before incurring impacts to Covered Species, Permittee shall demonstrate to CDFW that Covered Species’ requirements have been satisfied, as evidenced by: • Receipt by CDFW of a copy of the contract(s) entered into or arrangement made to satisfy California Water Code, section 85089, subdivision (a); • Receipt by CDFW of documentation, acceptable to CDFW, demonstrating that subsequent financial agreements, entered into to cover repayment of Project-related bonds, explicitly identify funding for…

Provide Ongoing Demonstration of Mitigation Performance

During the permit term, Permittee shall demonstrate to CDFW that Covered Species’ requirements have been satisfied on an ongoing basis and consistent with the requirements of Condition of Approval 12, as evidenced by: • Written documentation of the acquisition of the HM lands; • Copies of all executed and recorded conservation easements; • Written confirmation from the approved Endowment Manager of its receipt of the full Endowment, if required; and • Timely submission of all required reports.

Complete HM Lands Acquisition and Easement Recording Before Covered Activities

Permittee must complete the required acquisition, protection and transfer of all HM lands and record any required conservation easements prior to commencing Covered Activities as specified in Condition of Approval 12. CDFW may require the Permittee to provide additional HM lands and/or additional funding to ensure the impacts of the taking are minimized and fully mitigated, as required by law, if the Permittee does not complete these requirements within the specified timeframe.