HomeMy WebLinkAbout4.14 Perpetual Deed Restriction Endowment Agreement for Scarlett Drive Mitigation Area with Dublin Crossing, LLC and Zone 7STAFF REPORT
CITY COUNCIL
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Agenda Item 4.14
DATE:May 18, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Perpetual Deed Restriction Endowment Agreement for Scarlett Drive
Mitigation Area with Dublin Crossing, LLC and Zone 7
Prepared by: Kan Xu, Senior Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving the Perpetual Deed Restriction Endowment Agreement
for the Scarlett Drive Mitigation Area with Dublin Crossing, LLC and Zone 7 of the Alameda County
Flood Control and Water Conservation District to establish an endowment fund to support the
management, preservation, enforcement, and protection of the Scarlett Drive Mitigation Area by
Zone 7.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Perpetual Deed Restriction Endowment Agreement for the
Scarlett Drive Mitigation Area Between the City of Dublin, Dublin Crossing, LLC and Zone 7 of the
Alameda County Flood Control and Water Conservation District.
FINANCIAL IMPACT:
There is no impact to the General Fund to prepare and approve this agreement. All costs to
prepare the agreement are borne by the Developer. The endowment fund will be paid by the
Developer on behalf of the City.
DESCRIPTION:
The Boulevard Development (formerly Dublin Crossing) project conditions of approval require the
extension and widening of Scarlett Drive between Dougherty Road and Dublin Boulevard (Scarlett
Drive/Iron Horse Trail Extension Project). The Project impacts existing wetland canal, wetland
basin, and wetland drainage ditches, which cannot all be mitigated on-site or within the completed
Scarlett Drive right-of-way. The City and Zone 7 of the Alameda County Flood Control and Water
Conservation District (Zone 7) have agreed to some off-site mitigation within a Zone 7-owned
channel along Arnold Road, Canal 2. There will be approximately 0.466 acres of on-site mitigation
within the street right-of-way of Scarlett Drive and approximately 0.79 acres of off-site mitigation
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within the Zone 7-owned Canal 2. The Scarlett Drive off-site mitigation within Canal 2 consists of
removal of the concrete lining, re-contouring of the banks and substrate of the canal, and the
planting of native riparian vegetation, as shown in the mitigation map (Attachment 3).
The Mitigation and Monitoring Plan (MMP) for the Boulevard Development established mitigation
land for unavoidable impacts to wetlands and other waters within the Development. The
mitigation requirements were dictated by the permits from the U.S. Army Corps of Engineers,
California Department of Fish and Wildlife, and San Francisco Bay Regional Water Quality Control
Board. On-site development-related mitigation includes relocation of drainage ditches,
restoration of wetland canals, and the creation of seasonal wetlands, which are collectively
referred to as Restoration and Enhancement Areas within the Dublin Crossing Long Term
Management Plan, dated April 5, 2017, and the Addendum to the Long Term Management Plan
Dublin Crossing, dated November 4, 2020 (LTMP). The LTMP anticipates that the Restoration and
Enhancement Areas will be owned by Zone 7, which will act as the Land Manager and Land
Conservator, and that an endowment will be established to fund the activities that Zone 7 is
required to fulfill in its Land Manager and Land Conservator roles.
On August 27, 2017, Zone 7 entered into an endowment agreement with Dublin Crossing, LLC
(Developer), which established Zone 7 as the Land Manager and Conservator of the Restoration
and Enhancement Areas, after the Developer’s initial 10-year mitigation period. Zone 7 accepted
the role in exchange for a developer-funded endowment of approximately $1 million for the
management and maintenance of the development-related mitigation area in perpetuity.
Similarly, both the addendum to the MMP and the addendum to the LTMP provide for the
establishment of an endowment for the long term management, maintenance, and monitoring of
the preserved and restored segments of the Scarlett Drive Mitigation Area in accordance with
environmental permits. Consistent with the first endowment agreement for development-related
mitigation, the Developer will contribute $380,000 to the endowment fund, and an additional
$40,000 for Zone 7’s loss of mitigation area usage opportunity for the Scarlett Drive/Iron Horse
Trail Extension Project on behalf of the City.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving the Perpetual Deed Restriction Endowment Agreement for the Scarlett
Drive Mitigation Area Between the City of Dublin, Dublin Crossing, LLC and Zone 7 of the
Alameda County Flood Control and Water Conservation District
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2) Exhibit A to the Resolution – Perpetual Deed Restriction Endowment Agreement for the
Scarlett Drive Mitigation Area with Attachments A-D
3) Scarlett Drive/Iron Horse Trail Extension Project Mitigation Map
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Attachment 1
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2
RESOLUTION NO. XX – 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE PERPETUAL DEED RESTRICTION ENDOWMENT AGREEMENT
FOR THE SCARLETT DRIVE MITIGATION AREA BETWEEN THE CITY OF DUBLIN,
DUBLIN CROSSING, LLC, AND ZONE 7 OF THE ALAMEDA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT
WHEREAS, Dublin Crossing, LLC (“Developer”) and the City of Dublin (“City”) own
certain real property located in the County of Alameda, State of California subject to a
deed restriction for wetland creation, preservation, and channel restoration and
enhancement described in the Addendum to: Revised Mitigation & Monitoring Plan
(“Addendum MMP”) for the Boulevard Development (formally Dublin Crossing); and
WHEREAS, the segment of drainage canal identified as “Canal 2” within the
Addendum MMP, is located within properties owned by Developer and the City, and
subject to the management described in the Addendum to: Long Term Management Plan,
Dublin Crossing, dated November 4, 2020 (“Addendum LTMP”); and
WHEREAS, Zone 7 of the Alameda County Flood Control and Water Conservation
District (“Zone 7”) retains the perpetual rights and obligations of management of Canal 2,
as described in the Addendum LTMP, and as established by the Covenants and Deed
Restrictions for the Scarlett Drive Mitigation Area; and
WHEREAS, the City is the sponsor of the project referred to as the Scarlett
Drive/Iron Horse Trail Extension Project, and the Scarlett Drive/Iron Horse Trail Extension
Project is required to enhance and restore segments of Canal 2 as described in the
Addendum MMP in order to meet mitigation requirements set forth in the Scarlett
Drive/Iron Horse Trail Extension Project permits and authorizations (“Permits”) issued by
the U.S. Army Corps of Engineers, San Francisco Bay Regional Water Quality Control
Board and California Department of Fish and Wildlife (collectively, “Permitting
Agencies”); and
WHEREAS, the City desires to provide mitigation for the Scarlett Drive/Iron Horse
Trail Extension Project by restoration and preservation of segments of Canal 2, and the
preservation and restoration is consistent with both the Addendum MMP, and the
Addendum LTMP (collectively, “Addenda”), and these mitigation efforts satisfy the
mitigation requirements set forth in the Permits issued by the Permitting Agencies; and
WHEREAS, the Scarlett Drive/Iron Horse Trail Extension Project mitigation
consists of removal of concrete lining and riprap, re-contouring of the banks and substrate
of the canal, and planting of native riparian vegetation. A total of 0.79 acres (691 linear
feet) of Canal 2 will be restored to mitigate for impacted wetland canal, wetland basin,
and wetland drainage ditch; and
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Attachment 1
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2
WHEREAS, the Addenda provide for the establishment of an endowment for the
long-term management, maintenance, and monitoring of the preserved and restored
segments of the Scarlet Drive Mitigation Area in accordance with the Permits; and
WHEREAS, the City and Developer desire to have this endowment fund
established to support the management, preservation, enforcement, and protection of the
Scarlett Drive Mitigation Area by Zone 7, as created under the deed restriction; and
WHEREAS, Zone 7 is a special district and an appropriate institution within which
to establish and hold such an endowment; and
WHEREAS, Zone 7 is willing and able to hold the perpetual deed restriction
endowment, subject to the terms and conditions of the agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
does hereby approve the Perpetual Deed Restriction Endowment Agreement for Scarlett
Drive Mitigation Area, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Perpetual Deed Restriction Endowment Agreement for Scarlett Drive Mitigation Area,
attached hereto as Exhibit A,and make any necessary, non-substantive changes to
carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of May, 2021, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PERPETUAL DEED RESTRICTION ENDOWMENT AGREEMENT FOR SCARLETT
DRIVE MITIGATION AREA
THIS PERPETUAL DEED RESTRICTION ENDOWMENT AGREEMENT
(“Agreement”), made and entered into on _______ by and between , DUBLIN
CROSSING, LLC, a Delaware limited liability company (“Dublin Crossing” or
“Founding Contributor”), the CITY OF DUBLIN (“Dublin” or “City”), and ALAMEDA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7
WATER AGENCY, a California body corporate and politic ( “Zone 7”) (collectively
referred to as the “Parties”).
RECITALS
WHEREAS, Dublin Crossing and the City of Dublin own certain real property
located in the County of Alameda, State of California subject to a deed restriction
described below for wetland creation, preservation, and channel restoration and
enhancement described in the Addendum to: Revised Mitigation & Monitoring Plan,
Dublin Crossing, 620 6th Street, Dublin California prepared by Johnson Marigot
Consulting, LLC, dated August 6, 2020, attached hereto and incorporated herein as
Attachment A (“Addendum to Revised Mitigation & Monitoring Plan, Dublin
Crossing”);
WHEREAS, the segment of drainage canal identified as “Canal II” within the
Addendum to the MMP, is located within the described property owned by Dublin
Crossing and the City of Dublin, and subject to the management described in the
Addendum to: Long Term Management Plan, Dublin Crossing, dated November 4, 2020,
attached hereto and incorporated herein as Attachment B (“Addendum to Long
Term Management Plan, Dublin Crossing”);
WHEREAS, Zone 7 retains the perpetual rights and obligations of management of
Canal II, as described in the Addendum to the LTMP, and as established by the
Covenants and Deed Restrictions for the Scarlett Drive Mitigation Area (described in the
Addendum to: Long Term Management Plan, Dublin Crossing, November 4, 2020) (see
also, Attachment C – Covenants and Deed Restrictions);
WHEREAS, the City of Dublin is the sponsor of the project referred to as the
“Scarlett Drive Extension”, and the Scarlett Drive Extension project is required to
enhance and restore segments of Canal II as described in the Addendum to the MMP in
order to meet mitigation requirements set forth in the Scarlett Drive Extension project
permits and authorizations (the “Permits”) issued by the U.S. Army Corps of Engineers
(“Corps”), San Francisco Bay Regional Water Quality Control Board (“RWQCB”) and
$WWDFKPHQW
Exhibit A to the Resolution
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California Department of Fish and Wildlife (“CDFW”) (collectively, the “Permitting
Agencies”);
WHEREAS, the City desires to provide mitigation for the Scarlett Drive Extension
project by restoration and preservation of segments of Canal II, and the preservation
and restoration is consistent with both the Addendum to the MMP, and the Addendum
to the LTMP (collectively “the Addenda” or “the Plans”), and these mitigation efforts
satisfy the mitigation requirements set forth in the Permits issued by the Permitting
Agencies. The “Scarlett Drive Mitigation” consists of removal of the concrete lining and
riprap, re-contouring of the banks and substrate of the canal, and the planting of native
riparian vegetation. A total of 691 linear feet (0.790 acres) of Canal 2 will be restored to
mitigate for impacted wetland canal, wetland basin, and wetland drainage ditch (see
also, Attachment D- Scarlett Drive/Iron Horse Trail Extension Project
Mitigation Map);
WHEREAS, the Addenda provide for the establishment of an endowment for the
long-term management, maintenance and monitoring of the preserved and restored
segments of the Scarlet Drive Mitigation Area in accordance with the Permits;
WHEREAS, the City of Dublin desires to have this endowment fund established to
support the management, preservation, enforcement and protection of the Scarlett
Drive Mitigation Area by Zone 7, as created under the Deed Restriction;
WHEREAS, Dublin Crossing also desires to have this endowment fund established
to support the preservation, enforcement and protection of the Scarlett Drive Mitigation
Area, as created under the Deed Restriction;
WHEREAS, Zone 7 is a special district and an appropriate institution within which
to establish and hold such an endowment, and;
WHEREAS, Zone 7 is willing and able to hold the perpetual deed restriction
endowment, subject to the terms and conditions hereof.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual promises made herein, the
Parties agree as follows:
1. NAME OF FUND. There is hereby established in, and as a part thereof, a
fund designated as the “Scarlett Drive Mitigation Area Endowment Fund”
(hereinafter referred to as the “Fund”) to receive contributions in the form of money.
2. PURPOSE. The purpose of the Fund shall be to fund long-term
management and monitoring of the Scarlett Drive Mitigation Area, as well as to fund
Zone 7’s management and monitoring oversight activities, enforcement and protection
of the Scarlett Drive Mitigation Area as required by the Permitting Agencies and as
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described in the Deed Restriction, the Plans applicable to those instruments, and the
funding amounts identified pursuant to those instruments, as defined below, and in
Sections 3 and 4 of this Agreement.
3. FUNDING. As the consideration for Zone 7 to accept the maintenance and
long term management responsibilities specified in the Addendum to the MMP and the
Addendum to the LTMP, and to further the charitable purposes to permanently preserve
the benefits of the Deed Restriction, and also to manage the Fund in accordance with
Uniform Prudent Management of Institutional Funds Act as provided in Section 10,
below, the City unconditionally promises to contribute THREE HUNDRED AND EIGHTY
THOUSAND DOLLARS ($380,000.00) (the “Endowment”) to Zone 7 as a condition to
recording of the Deed Restriction. All grants, bequests, and devises to the Fund shall be
irrevocable once accepted by Zone 7 upon City’s contribution to fund the Endowment
and shall satisfy any and all obligations related to the Endowment.
4. DISTRIBUTION. The annual earnings allocable to the Fund, net of the
fees and expenses set forth in Section 11, shall be granted or expended solely for
purposes for expenditures to manage, maintain, protect, and monitor the Scarlett Drive
Mitigation Area pursuant to the Plans, and to preserve the conditions and rights set
forth in the Deed Restriction, including any costs for the monitoring, implementing and
enforcing the Deed Restriction, and compensating Zone 7 for performance of tasks
described in the Addenda. The Endowment Cost Table attached hereto and
incorporated within the Addendum to the MMP (within Attachment B) is incorporated
herein. No distribution shall be made from the Fund to any individual or entity if, in the
judgment of Zone 7, such distribution will endanger Zone 7’s tax exemption status with
any taxing authority. It is intended by the foregoing that at the time a distribution is
made from the Fund, the distribution must be made for the purposes of funding
activities related to the long-term management, maintenance and monitoring of the
Scarlett Drive Mitigation Area, as described in the Plans, or for Zone 7’s protection and
preservation of the Scarlett Drive Mitigation Area. No distribution shall be made from
the Fund for any purpose unrelated to, or unconnected with, managing, maintaining or
monitoring the Scarlett Drive Mitigation Area, or holding, monitoring, administering,
repairing, defending, protecting and preserving the Deed Restriction.
5. VARIANCE. If Zone 7 proposes to terminate its long-term management,
maintenance and monitoring of the Scarlett Drive Mitigation Area, the assets of the
Fund shall, after payment or making provisions for payment of any liabilities properly
chargeable to the Fund or payable to Zone 7 from the Fund pursuant to this
Agreement, be distributed to a non-profit conservancy organization approved by the
Permitting Agencies, who shall accept the terms of this Agreement as a condition to the
distribution of any payments. If a conservation organization refuses to accept the
Fund, Zone 7 shall distribute the Fund in such a manner and to such conservation
organization or organizations, in the judgment of Zone 7 and the Permitting Agencies
that satisfy the requirements of a non-profit conservancy organization with purposes
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similar to those of Zone 7; provided that the non-profit conservancy organization agrees
to accept the terms of this Agreement as a condition for the distribution of the Fund.
6. ADMINISTRATIVE PROVISIONS. Notwithstanding anything herein to the
contrary, Zone 7 shall hold the Fund, and all contributions to the Fund, subject to the
provisions of any and all applicable California laws, the Permits and Zone 7’s enabling
act. The Treasurer for the Board of Directors of Zone 7 shall monitor the distribution of
the Fund and shall have all powers of modification specified in the applicable United
States Treasury Regulations and the Internal Revenue Code. Specifically, the Zone 7
shall have the right to modify any restriction or condition on the distribution of funds
where that restriction or condition becomes, in effect, unnecessary, incapable of
fulfillment or inconsistent with the charitable purposes of the Deed Restriction.
Upon request by the City of Dublin or Dublin Crossing, Zone 7 agrees to
provide to the City of Dublin or Dublin Crossing, as applicable, within 30 days of the
request, a copy of the latest available annual examination of the finances of the Zone 7
as reported on by independent certified public accountants. In addition, upon request
by the City of Dublin or Dublin Crossing no more frequently than annually and at the
City’s or Dublin Crossing’s sole cost and expense, as applicable, Zone 7 shall provide,
within 90 days of the request, an activity report which contains a report on the balance
of the Fund at the beginning of the calendar year; deposits; disbursements; fees;
earnings, gains, losses and other investment activity accruing to the Fund during the
previous calendar year; and the balance of the Fund at the end of the latest period
available in the current year in which the report is requested.
7. CONDITIONS FOR ACCEPTANCE OF FUNDS. The City of Dublin, Dublin
Crossing, and Zone 7 agree and acknowledge that the establishment of the Fund herein
created is made in recognition of, and subject to, the terms and conditions of the Deed
Restriction, the Plans (including the table of management cost estimates) and other
provisions of this Agreement relating to the administration and use of the Fund.
8. NOT A SEPARATE TRUST. The Fund shall be a component part of Zone 7.
All money and property in the Fund shall be held as general assets of Zone 7 and not
segregated as trust property of a separate trust.
9. ACCOUNTING. The receipts and disbursements of this Fund shall be
accounted for separately and apart from those of the other funds of Zone 7.
10. INVESTMENT AND USE OF FUNDS. Zone 7 shall employ an investment
vehicle that assures the maintenance of the Fund principal. Zone 7 shall have all
powers necessary or in its sole discretion desirable to carry out the purposes of the
Fund, including, but not limited to, the power to retain, invest, and reinvest the Fund
and the power to commingle the assets of the Fund with those of other funds for
investment purposes. However, Zone 7 shall separately account for the balance of the
Fund from other balances of all other accounts maintained or managed by Zone 7. In
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the investment and management of the Fund, Zone 7 shall act in accordance with the
standard set out in California Probate Code Section 18501, et seq. (the “Uniform
Prudent Management of Institutional Funds Act”). However, the City of Dublin, the
Founding Contributor, and Zone 7 acknowledge the Fund may suffer an investment loss
causing a reduction of Fund principal from time to time through no fault of Zone 7. An
investment loss of any amount of the Fund is not the responsibility of Zone 7, provided
Zone 7 acted in accordance with Zone 7’s duty to prudently invest the amounts in the
Fund according to the standard set out in the Uniform Prudent Management of
Institutional Funds Act. Additionally, neither the City of Dublin, nor the Founding
Contributor are responsible for any investment loss of any amount and neither shall
have further obligation to fund the Fund beyond making the contribution as described
in the Funding provision in Section 3, above. Zone 7 is authorized to allocate receipts
and expenses between principal and income accounts according to the California
Uniform Principal and Income Act, as amended (the “CUPIA”). Zone 7 will determine
how to allocate receipts or expenses that are not governed by the CUPIA. Nothing
stated herein shall create an obligation of the City of Dublin or the Founding Contributor
to supplement funds set forth in Section 3 of this Agreement as a result of any losses
that may be sustained by the Fund.
11. COSTS OF THE FUND. It is understood and agreed that the Fund shall
bear a fair share portion of the total investment and administrative costs of Zone 7.
Those costs annually charged against the Fund are identified as “Land Manager
Contingency” in the Cost Table.
12. GOVERNING LAW; CONSTRUCTION. This Agreement shall be governed
by the laws of the State of California, and proper venue for any dispute arising out of
this Agreement shall be Alameda County, California. The headings and captions of
Articles and Sections used in this Agreement are for convenience only, and this
Agreement shall be interpreted without reference to any headings or captions.
Similarly, the presence or absence of language in prior drafts of this document shall not
be used to interpret any provision hereof. This Agreement has been prepared and
revised by attorneys for both Parties, so any rule of law or construction that ambiguities
are to be construed against the party responsible for drafting shall not apply.
13. NOTICES. All notices, requests, demands and other communications
required by the Agreement shall be in writing and shall be deemed to have been duly
given on the date of service if served personally (or by electronic mail) on the party to
whom notice is to be given, or on the second (2nd) day after mailing if mailed to the
party to whom notice is to be given, by first class mail, registered or certified, postage
prepaid, and properly addressed as follows:
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Zone 7: General Manager
Zone 7 Water Agency
100 North Canyons Parkway
Livermore, CA 94551
Telephone: 925-454-5000
City of Dublin: City Manager
100 Civic Plaza
Dublin, CA 94568
Founding Contributor: Dublin Crossing, LLC,
a Delaware limited liability company
500 La Gonda Way, Suite 100
Danville, CA 94526
With a copy to: Alicia Guerra
Buchalter, A Professional Corporation
55 Second Street, Suite 1700
San Francisco, CA 94105
Any party may change its address for purposes of this Section by giving the
other party written notice of the new address in the manner set forth above.
14. ENTIRE AGREEMENT; RECITALS; AMENDMENT. This Agreement is
entered into pursuant to the Deed Restriction and the Plans. The Deed Restriction, the
Plans, the Cost Table, and this Agreement constitute the entire agreements between
the Parties (related to Scarlett Drive Mitigation Area only), and supersede all prior
agreements, whether oral or in writing. The Recitals and any Attachments to this
Agreement are incorporated into the Agreement by this reference. This Agreement
may be amended only in writing agreed to and signed by all Parties and with the
written concurrence of the California Attorney General’s office, Registrar of Charitable
Trusts, if required by policy or practice of such office.
15. WAIVER. No provision of this Agreement may be waived except in a
written instrument signed by the party who is entitled to the benefit of said provision.
No waiver of any of the provisions of this Agreement shall constitute a waiver of any
other provision nor shall any waiver constitute a continuing waiver.
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16. CONSTRUCTION.
A. References to any provision of the Internal Revenue Code shall be
deemed references to the U.S. Internal Revenue Code of 1986 as the same may be
amended from time to time and the corresponding provision of any future U.S. Internal
Revenue Code.
B. It is intended that the Fund shall be a component part of Zone 7
and that nothing in this Agreement shall affect the status of Zone 7 as a water agency.
This Agreement shall be interpreted in a manner consistent with the foregoing intention
and so as to conform to the requirements of the Internal Revenue Code and any
regulations issued pursuant thereto applicable to the intended status of Zone 7.
17. CONFLICT OF TERMS. The Parties also have agreed to the terms set forth
in the Deed Restriction, which is intended to set forth the rights and obligations of the
City of Dublin, Dublin Crossing, and Zone 7 with respect to the perpetual conservation,
monitoring and maintenance of the Scarlett Drive Mitigation Area pursuant to the Deed
Restriction. In the event of any inconsistency between the terms of that easement and
the provisions of this Agreement with respect to the funding, distribution, management
and operation of the Endowment, the terms of the Permits shall control. Nothing in this
Agreement is intended to abridge or modify the rights accorded to the City of Dublin,
Dublin Crossing, or Zone 7 under the Deed Restriction for any failure by the other party
to perform its obligations and duties as set forth in the Deed Restriction with respect to
such party, with such remedies provided in the Deed Restriction as to the other party.
18. SEVERABILITY. If any provision of this Agreement is held to be unlawful
or invalid by any court of law with duly established jurisdiction over this Agreement, the
Parties intend that the remainder of this Agreement shall remain in full force and effect
notwithstanding the severance of the unlawful or invalid provision(s).
19. COUNTERPARTS. This Agreement may be executed in one or more
counterparts, each of which shall be considered an original, but all of which together
shall constitute one and the same instrument. This Agreement may be executed by a
party’s signature transmitted electronically, including those delivered by PDF or signed
through the electronic signature system known as “DocuSign,” and copies of this
Agreement executed and delivered by means of electronic signatures shall have the
same force and effect as copies hereof executed and delivered with original signatures.
20. COOPERATION. The Parties will cooperate in good faith to achieve the
objectives of this Agreement and to avoid disputes. The Parties will use good faith
efforts to resolve disputes at the lowest organizational level and, if a dispute cannot be
so resolved, the Parties will then elevate the dispute to the appropriate officials within
their respective organizations.
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21. PREVAILING PARTY. In any action to enforce the terms of this
Agreement, the Prevailing Party shall be entitled to recover from the non-prevailing
party all reasonable attorneys’ fees and costs. “Prevailing Party” shall include without
limitation a party who dismisses an action in exchange for sums allegedly due; the
party who receives performance from the other party for an alleged breach of contract
or a desired remedy where the performance is substantially equal to the relief sought in
an action; or the party determined to be the prevailing party by a court of law.
22. THIRD PARTY BENEFICIARY. This Agreement confers rights and remedies
upon the Corps, RWQCB, and CDFW as third party beneficiaries, insofar as this
Agreement is intended to carry out the requirements and obligations set forth in the
Deed Restriction and the Plan. No person, other than the Parties or said named third
party beneficiaries, has any rights or remedies under this Agreement.
23. AUTHORITY. Each person signing this Agreement on behalf of a party to
this Agreement warrants to the other that its respective signatory has fully right and
authority to enter into and consummate this Agreement and the transactions
contemplated hereby.
24. CONSTRUCTION OF AGREEMENT. The provisions contained herein shall
not be construed in favor of or against any of the Parties to this Agreement, but shall
be construed as if each of the Parties prepared this Agreement.
25. BINDING EFFECT; ASSIGNMENT. This Agreement shall be binding upon
and shall inure to the benefit of the Parties, their permitted successors and assigns.
26. NONEXCLUSIVE REMEDIES. No remedy or election hereunder shall be
deemed exclusive, but shall, whenever possible, be cumulative with all other remedies
at law or in equity.
27. NECESSARY FURTHER ACTS. Each party to this Agreement agrees to
perform any further acts and execute and deliver any documents that may be
reasonably necessary to carry out the intent of this Agreement.
28. TIME IS OF THE ESSENCE. Time and each of the terms, covenants and
conditions of this Agreement are expressly made of the essence.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the City of Dublin, the Founding Contributor and Zone 7
each has executed this Agreement by a duly authorized officer, effective as of the day
and year first above written.
ZONE 7 WATER AGENCY,
a California political subdivision
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
City of Dublin
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
DUBLIN CROSSING, LLC,
a Delaware limited liability company
By: BrookCal Dublin LLC,
a Delaware limited liability company
Its: Member
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
By: SPIC Dublin LLC,
a Delaware limited liability company
Its: Member
By: Standard Pacific Investment Corp.,
a Delaware corporation
Its: Member
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
796
ATTACHMENT A: Addendum to Revised Mitigation & Monitoring Plan,
Dublin Crossing
Addendum to: Revised Mitigation & Monitoring Plan
Dublin Crossing
Dublin, Alameda County, California
August 6, 2020
Prepared For:
Dublin Crossing, LLC
4750 Willow Road, Suite 530
San Ramon, California 94583
Prepared by:
Johnson Marigot Consulting, LLC
Ms. Sadie McGarvey
88 North Hill Drive, Suite C
Brisbane, California 94005
Contents
1.0 Introduction .............................................................................................................................................. 1
1.1 Purpose of Addendum ........................................................................................................................................ 1
1.2 Responsible Parties ............................................................................................................................................. 2
1.2.1 Applicant/Permittee ................................................................................................................................. 2
1.2.2 Preparer of the Mitigation and Monitoring Plan ........................................................................... 2
1.2.3 Land Owners ................................................................................................................................................. 2
1.2.4 Land Managers ............................................................................................................................................ 3
1.2.5 Monitoring Biologist .................................................................................................................................. 3
1.2.6 Deed Restriction Dedicatee .................................................................................................................... 4
1.2.7 Endowment Funding and Endowment Fund Holder ................................................................... 4
2.0 Project Requiring Mitigation .............................................................................................................. 5
2.1 Location .................................................................................................................................................................... 5
2.2 Brief Summary of Overall Project .................................................................................................................. 5
2.3 Site Characteristics .............................................................................................................................................. 5
2.4 Jurisdictional Impacts......................................................................................................................................... 5
2.5 Project Mitigation ................................................................................................................................................. 6
2.5.1 Scarlett Drive Onsite Mitigation Area ................................................................................................ 6
2.5.2 Scarlett Drive Mitigation Area within Canal 2 ................................................................................ 6
3.0 Mitigation Design .................................................................................................................................... 7
3.1 Site Selection .......................................................................................................................................................... 7
3.1.1 Scarlett Drive Onsite Mitigation Area ................................................................................................ 7
3.1.2 Scarlett Drive Mitigation Area within Canal 2 ................................................................................ 7
3.2 Basis of Design ....................................................................................................................................................... 7
3.2.1 Scarlett Drive Onsite Mitigation Area ................................................................................................ 7
3.2.2 Scarlett Drive Mitigation Area within Canal 2 ................................................................................ 8
3.3 Mitigation Design ................................................................................................................................................. 8
3.3.1 Scarlett Drive Onsite Mitigation Area ................................................................................................ 8
3.3.2 Scarlett Drive Mitigation Area within Canal 2 ................................................................................ 8
4.0 Implementation Plan ............................................................................................................................. 9
4.1 Construction ........................................................................................................................................................... 9
4.1.1 Grading ............................................................................................................................................................ 9
4.1.2 Construction Monitor................................................................................................................................ 9
4.2 Revegetation......................................................................................................................................................... 10
4.2.1 Planting Plan ............................................................................................................................................... 10
4.2.2 Plant Palette ................................................................................................................................................ 10
4.3 Construction Schedule ..................................................................................................................................... 11
4.4 Avoidance and Minimization Measures .................................................................................................... 11
5.0 Monitoring Plan .................................................................................................................................... 12
5.1 Monitoring Methods.......................................................................................................................................... 12
5.1.1 Vegetation .................................................................................................................................................... 12
5.1.2 Trash, Trespass, Erosion, and General Site Conditions ............................................................ 13
5.1.3 Photo Documentation ............................................................................................................................. 13
5.2 Wetland Delineation ......................................................................................................................................... 13
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5.3 Contingency Measures ..................................................................................................................................... 14
6.0 Maintenance Plan ................................................................................................................................. 15
6.1 Maintenance Activities ..................................................................................................................................... 15
6.1.1 Vegetation .................................................................................................................................................... 15
6.1.2 Erosion Control ......................................................................................................................................... 16
6.1.3 Trash and Trespass .................................................................................................................................. 16
7.0 Performance Standards ..................................................................................................................... 17
7.1 Final Wetland Delineation .............................................................................................................................. 17
7.2 Vegetation ............................................................................................................................................................. 17
7.2.1 Year 1 ............................................................................................................................................................. 17
7.2.2 Year 2 ............................................................................................................................................................. 17
7.2.3 Year 3 ............................................................................................................................................................. 17
7.2.4 Year 4 ............................................................................................................................................................. 17
7.2.5 Year 5 ............................................................................................................................................................. 17
7.3 Erosion .................................................................................................................................................................... 17
7.4 Completion of Mitigation Responsibilities ............................................................................................... 18
8.0 Long-term Maintenance and Management ................................................................................. 19
8.1 Scarlett Drive Onsite Mitigation Area ........................................................................................................ 19
8.2 Scarlett Drive Mitigation Area within Canal 2 ........................................................................................ 19
8.2.1 Funding ......................................................................................................................................................... 19
List of Figures
Figure 1. Scarlett Drive/Iron Horse Trail Extension Project Site and Vicinity
Figure 2. Scarlett Drive/Iron Horse Trail Extension Project Jurisdictional Determination Map
Figure 3. Scarlett Drive/Iron Horse Trail Extension Project Impact Map
Figure 4. Scarlett Drive/Iron Horse Trail Extension Project Mitigation Map
List of Tables
Table 1. Scarlett Drive Mitigation Area within Canal 2 Long-Term Maintenance and Management
Cost Table
List of Appendices
Appendix A. 2019 Revised Mitigation and Monitoring Plan, Dublin Crossing (prepared and updated
by Johnson Marigot Consulting, LLC., dated May 2019)
Appendix B. Revised Long-Term Management Plan, Dublin Crossing (prepared by Johnson Marigot
Consulting, LLC., dated April 2017)
Appendix C. Stormwater Management Maintenance Agreement
Appendix D. Grading Plans for the Scarlet Drive/Iron Horse Trail Extension Project (prepared by
Ruggeri-Jensen-Azar, dated September 2018)
Appendix E. Chabot Canal and Canal 2 Cross Sections (Impacts vs Mitigation) (prepared by MacKay
& Somps, dated March 4, 2019)
Appendix F. Planting Plan for the Scarlett Drive Mitigation Area within Canal 2
Appendix G. Agreement for Long Term Encroachment for Landscape Features Within City of Dublin
Right of Way (Scarlett Drive)
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Revised Mitigation and Monitoring Plan 1 August 8, 2020
1.0 INTRODUCTION
1.1 PURPOSE OF ADDENDUM
The Dublin Crossing Mitigation Site has been approved as mitigation land to provide compensatory
mitigation for unavoidable impacts to wetlands and other waters on the Dublin Crossing Project
site in the City of Dublin, Alameda County, California. This mitigation includes the creation of 0.70
acre of wetland, restoration of 528 linear feet of highly disturbed canals, and enhancement of 2,261
linear feet of disturbed canals. A mitigation and monitoring plan (Revised Mitigation and Monitoring
Plan, Dublin Crossing, prepared by Johnson Marigot Consulting, LLC., dated May 2016) (Dublin
Crossing Revised MMP) and a long term management plan (Revised Long-Term Management Plan,
Dublin Crossing, prepared by Johnson Marigot Consulting, LLC., dated June 2016) (Dublin Crossing
Revised LTMP) have been prepared and approved for this mitigation work. An updated version of
the Dublin Crossing Revised MMP (which has been revised to include minor changes requested by
RWQCB, and is herein referred to as the 2019 Dublin Crossing Revised MMP) is included as
Appendix A and the Dublin Crossing LTMP is included as Appendix B.
Separately from this previously-approved mitigation package, the Scarlett Drive/Iron Horse Trail
Extension Project (the project), a City of Dublin capital improvement project, for which Dublin
Crossing, LLC is the applicant (Applicant), proposes to relocate approximately 0.466 acre (2,225
linear feet) of drainage ditches within the Scarlett Drive/Iron Horse Trail Extension Project site (the
project site) (Scarlett Drive Onsite Mitigation Area), and restore 691 linear feet (0.79 acre) of
wetland canal within Canal 2 on the Dublin Crossing Project site (Scarlett Drive Mitigation Area
within Canal 2) (approximately 0.7 mile northeast of the project site); the Scarlett Drive Onsite
Mitigation Area and the Scarlett Drive Mitigation Area within Canal 2 are collectively referred to as
the Scarlett Drive Mitigation Areas.
During the success monitoring period for the proposed mitigation, the relocated drainage ditches
would be monitored for mitigation success as a discrete unit, separate from the restored canal. The
Scarlett Drive Mitigation Area within Canal 2 would likewise be monitored for mitigation success as
a discrete unit within the Dublin Crossing Mitigation Site boundaries. This addendum serves as the
Mitigation and Monitoring Plan (MMP) for the Scarlett Drive Mitigation Areas.
While this MMP has been prepared specifically for the Scarlett Drive Mitigation Areas, it is based on
the information and prescriptions for monitoring and management methods, design,
implementation, success criteria, and reporting presented in the original Dublin Crossing Revised
MMP (as well as the 2019 Dublin Crossing Revised MMP), specifically because the original Dublin
Crossing Revised MMP has been reviewed and approved by the regulatory agencies.
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1.2 RESPONSIBLE PARTIES
1.2.1 APPLICANT/PERMITTEE
Dublin Crossing, LLC
2603 Camino Ramon, Ste 525
San Ramon, CA 94583
Contact: Ms. Bridgit Koller
(925) 315-0366
It is the Applicant's responsibility to obtain the following permits and agreements as required to
construct the Project and the Scarlett Drive Mitigation Areas:
x U.S. Army Corps of Engineers (Corps) 404 Permit
x Regional Water Quality Control Board (RWQCB) Water Quality Certification
x California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement
1.2.2 PREPARER OF THE MITIGATION AND MONITORING PLAN
Johnson Marigot Consulting, LLC
88 North Hill Drive, Suite C
Brisbane, CA 94005
Contact: Sadie McGarvey, Associate Regulatory Specialist
(925) 895-4302
1.2.3 LAND OWNERS
The Land Owner(s), Resource Agencies, and the Deed Restriction Dedicatee will meet and confer
upon the request of any one of them to consider revisions to this MMP, which may be necessary or
appropriate to better conserve the habitat and conservation values of the mitigation areas. Any
subsequent grading, or alteration of the Scarlett Drive Mitigation Areas’ topography and/or
hydrology by the Land Owner or its representatives must be approved by the Resource Agencies,
and the necessary permits must be obtained, if required.
The Land Owner, and any subsequent land owners, should land ownership transfer occur, will be
responsible for implementing long-term management of the mitigation areas according to the long-
term management plan for the Dublin Crossing Mitigation (Dublin Crossing Revised LTMP) and/or
the Agreement for Long Term Encroachment for Landscape Features Within City of Dublin Right of
Way (Scarlett Drive). Monitoring according to this MMP will remain the responsibility of Dublin
Crossing, LLC, until the regulatory agencies agree that mitigation success criteria have been met.
The Land Owner and successors will be obligated to manage and monitor the mitigation areas in
perpetuity, as necessary to preserve the habitat and conservation values in according with the
permits, this MMP, deed restrictions, and all-applicable long-term management plans.
1.2.3.1 SCARLETT DRIVE ONSITE MITIGATION AREA
The Land Owner for the Scarlett Drive Onsite Mitigation Area is the City of Dublin (the City).
Ownership of the Scarlett Drive Onsite Mitigation Area will be transferred to the City upon
successful implementation of this MMP. All activities associated with construction of the relocated
drainage ditches, as well as maintenance and monitoring associated with achievement of
performance standards will be the responsibility of Dublin Crossing, LLC or its successors (i.e., not
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Revised Mitigation and Monitoring Plan 3 August 8, 2020
the City). Once all performance standards have been met, the City will oversee management of the
land.
1.2.3.2 SCARLETT DRIVE MITIGATION AREA WITHIN CANAL 2
The Land Owner for the Scarlett Drive Mitigation Area within Canal 2 is the Zone 7 Water Agency
(Zone 7). Ownership of the portion of Canal 2 wherein the Scarlett Drive mitigation restoration
work will occur will be transferred to Zone 7 upon successful implementation of this MMP. All
activities associated with restoration of Canal 2, as well as maintenance and monitoring associated
with achievement of performance standards will be the responsibility of Dublin Crossing, LLC or its
successors (i.e., not Zone 7). Once all performance standards have been met, Zone 7 will take full
responsibility for management and monitoring of the land.
1.2.4 LAND MANAGERS
Monitoring and maintenance of the Scarlett Drive Mitigation Areas in accordance with this MMP
will remain the responsibility of Dublin Crossing, LLC, until the regulatory agencies agree that
mitigation success criteria have been met. Upon completion of successful mitigation
implementation, land management duties will be turned over to the long-term Land Managers.
1.2.4.1 LONG-TERM LAND MANAGERS
1.2.4.1.1 Scarlett Drive Onsite Mitigation Area
The Long-term Land Manager for the Scarlett Drive Onsite Mitigation Area is the Dublin Crossing
HOA. As the Land Manager, the Dublin Crossing HOA is responsible for managing the Scarlett Drive
Onsite Mitigation Area to ensure that the functions and values of the relocated drainage ditches are
maintained in perpetuity. The Long-term Land Manager, and any subsequent land managers, should
land management transfer occur, will implement the Scarlett Drive LTEA, managing and monitoring
the mitigation areas as necessary to preserve the habitat and conservation values in accordance
with the Scarlett Drive LTEA.
1.2.4.1.2 Scarlett Drive Mitigation Area within Canal 2
The Long-term Land Manager for the Scarlett Drive Mitigation Area within Canal 2 is Zone 7. As the
land owner, Zone 7 is responsible for overseeing the implementation of all management activities.
As the Land Manager, Zone 7 is responsible for managing the Scarlett Drive Mitigation Area within
Canal 2 to ensure that wetland and biological resources within Canal 2 are protected and
maintained in perpetuity. The Long-term Land Manager, and any subsequent land managers, should
land management transfer occur, will implement the Dublin Crossing Revised LTMP, managing and
monitoring the mitigation areas as necessary to preserve the habitat and conservation values in
accordance with deed restrictions and the Dublin Crossing Revised LTMP.
1.2.5 MONITORING BIOLOGIST
The Monitoring Biologist will conduct all construction monitoring as well as performance
monitoring evaluations. The Monitoring Biologist will be a professional botanist, biologist, or
restoration ecologist, familiar with California flora and fauna, and will have a demonstrated
knowledge of and experience with similar mitigation projects. The Monitoring Biologist must also
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be familiar with standard botanical sampling concepts and techniques and vegetation management
practices for maintaining wetland conditions.
1.2.6 DEED RESTRICTION DEDICATEE
1.2.6.1 SCARLETT DRIVE ONSITE MITIGATION AREA
The Scarlett Drive Onsite Mitigation Area will be created and managed to maintain roadside ditch
functions, values, and status. Accordingly, no deed restriction will be recorded over this area.
However, a Long Term Encroachment Agreement and a Stormwater Management Maintenance
Agreement have been prepared by and between the City of Dublin and Dublin Crossing, LLC, and
will be recorded over the Scarlett Drive Onsite Mitigation Area (Appendices B and C) upon receipt
of Resource Agency approval.
1.2.6.2 SCARLETT DRIVE MITIGATION AREA WITHIN CANAL 2
As required by the Resource Agencies, a deed restriction will be recorded over the Scarlett Drive
Mitigation Area within Canal 2 in association with mitigation agreement approved for the project.
This protective instrument will ensure that the covered areas will be retained in their
restored/preserved state in perpetuity, and prevent any use of these areas that would impair or
interfere with their conservation values. The terms of the deed restriction will be incorporated into
any legal instrument that would transfer any interest in the covered areas. It is likely that the
Scarlett Drive Mitigation Area within Canal 2 will be included within the greater Dublin Crossing
Mitigation Site deed restriction to be recorded over all restored areas within Canal 2. The Dedicatee
of the deed restriction (Deed Restriction Dedicatee) is Zone 7.
1.2.7 ENDOWMENT FUNDING AND ENDOWMENT FUND HOLDER
The Applicant will provide sufficient funds for the management of the Scarlett Drive Mitigation Area
within Canal 2 in the form of an endowment that has been established according to the Dublin
Crossing Revised LTMP. The Scarlett Drive Mitigation Area within Canal 2 will become an
integrated part of the Dublin Crossing Revised LTMP upon meeting success criteria, and these funds
will provide income to fund perpetual management, maintenance, monitoring, and other activities
within these covered areas. The endowment fund will be funded by Dublin Crossing, LLC and held
and invested by Zone 7. The endowment fund will be maintained and managed in perpetuity, to
appreciate in value and generate earnings (the endowment principle) for use in funding
management, maintenance, monitoring, and other activities.
The deed restriction will not be officially recorded until the endowment fund is fully funded and the
startup costs (i.e., initial creation and site protection costs) are funded by Dublin Crossing, LLC.
Final recordation will be no later than 18 months after receipt of all Resource Agency permits.
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2.0 PROJECT REQUIRING MITIGATION
2.1 LOCATION
The project site is located adjacent to Iron Horse Regional Trail between Dublin Boulevard and
Dougherty Road in the City of Dublin, Alameda County, California. The project site extends from
Dougherty Road, southeast along the existing Iron Horse Regional Trail for approximately 0.46 mile
to the intersection with Dublin Boulevard (Figure 1).
2.2 BRIEF SUMMARY OF OVERALL PROJECT
The purpose of the project is to complete a missing segment of the local roadway network to better
serve the circulation and transportation needs of the local community. The project has been
designed to improve traffic conditions while maintaining recreational trail access. The project
involves widening and extending Scarlett Drive, and relocating and improving the adjacent segment
of the Iron Horse Trail – a regional pedestrian and bicycle facility. The existing portion of Scarlett
Drive (which is approximately 1,400 linear feet and extends from Dougherty Road to Houston
Place) would be widened from a two- to four-lane roadway and extended approximately 1,050 feet
to intersect with Dublin Boulevard. To support this intersection, an approximately 150-foot-long, 8-
foot-wide, and 8-foot-deep double box culvert would be installed and would extend the existing box
culvert under Dublin Boulevard and connect with the box culvert on the adjacent property (Dublin
Crossing Project). These road improvements require the relocation of the segment of the Iron Horse
Trail that currently occurs within the improved and extended portion of Scarlett Drive; this
segment of the Iron Horse trail would be relocated eastward from its current location. This
relocation would include upgrading the trail with landscaping and lighting for safety. Other project
improvements include the addition of an intersection at Horizon Parkway, traffic signal installation
and modifications, utility pole relocation, and bio-retention facilities.
2.3 SITE CHARACTERISTICS
The project site is a linear corridor approximately 80 feet wide, covering approximately 8.4 acres.
The existing segment of Scarlett Drive extends approximately 0.27 mile from Dougherty Road, with
the remaining 0.19 mile of the proposed Scarlett Drive to occur on land currently consisting of
undeveloped land along the Iron Horse Regional Trail. The project site is generally flat, with
elevations ranging from approximately 340 feet above mean sea level (AMSL) at the northwestern
boundary to 325 feet AMSL at the southeastern boundary. Land uses in the general vicinity consist
of residential housing, industrial and commercial development on the southwest, and the Parks
Reserve Forces Training Area (PRFTA) on the northeast. Vegetation types on the project site
include ruderal grassland, developed landscape, as well as a willow riparian wetland, two drainage
ditches, and a canal within the southeastern half of the corridor.
2.4 JURISDICTIONAL IMPACTS
A formal wetland delineation of the site was completed on March 12, 2015, and November 7, 2017,
by Cardno biologists Sam Bacchini and Alexandra Topor (Figure 2). Overall, there are a total of
0.409 acre (2,403 linear feet) of jurisdictional waters of the U.S./State within the project site,
including 0.219 acre (717 linear feet) of jurisdictional wetland and 0.19 acre (1,686 linear feet) of
other waters of the U.S./State. Implementation of the project would require the permanent
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placement of fill within 0.409 acre (2,403 linear feet) of jurisdictional waters of the U.S./State,
including a wetland basin, drainage ditches, and Chabot Canal (Figure 3).
2.5 PROJECT MITIGATION
The Applicant proposes to mitigate project-related impacts to 0.409 acre of jurisdictional waters of
the U.S./State through onsite drainage ditch relocation (Scarlett Drive Onsite Mitigation Area) and
offsite canal restoration (Scarlett Drive Mitigation Area within Canal 2).
2.5.1 SCARLETT DRIVE ONSITE MITIGATION AREA
Mitigation for the impacts to 0.19 acre (1,686 linear feet) of onsite drainage ditches will occur
through the relocation of the ditch system outside of the proposed widened/extended Scarlett
Drive alignment. These relocated drainage ditches will occur immediately east of the northernmost
portion of the realigned Iron Horse Trail, immediately west of the central and southern portions of
the realigned trail, and immediately west of the extended portion of Scarlett Drive. Relocated
drainage ditches will be constructed with earthen bed and banks, and will be seeded with native
plants that include grasses that are typical of a seasonal swale. A total of 0.466 acre (2,225 linear
feet) of ditches will be constructed to mitigate for impacted drainage ditch habitat.
2.5.2 SCARLETT DRIVE MITIGATION AREA WITHIN CANAL 2
Mitigation for impacts to 0.071 acre (174 linear feet) of onsite wetland canal, 0.099 acre (115 linear
feet) of onsite wetland basin, and 0.049 acre (428 linear feet) of onsite wetland drainage ditch will
occur through the restoration of a portion of Canal 2. Restoration work will include the removal of
the concrete lining and riprap, re-contouring of the banks and substrate of the canal, and the
planting of native riparian vegetation. A total of 691 linear feet (0.9276 acre) of Canal 2 will be
restored to mitigate for impacted wetland canal, wetland basin, and wetland drainage ditch.
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3.0 MITIGATION DESIGN
Currently, there are no wetland mitigation banks with a service area that encompasses the project
site. As such, the options for mitigation for project-related impacts to waters of the U.S./State
include onsite creation/restoration or offsite creation/restoration.
3.1 SITE SELECTION
3.1.1 SCARLETT DRIVE ONSITE MITIGATION AREA
The Scarlett Drive Onsite Mitigation Area was selected as a mitigation site for project-related
impacts to drainage ditches due to its proximity to the impacted drainage ditches (ranging between
approximately 0 and 400 feet away), and the demonstrated capacity of the area to support the
relocated drainage ditches both ecologically and hydrologically.
3.1.2 SCARLETT DRIVE MITIGATION AREA WITHIN CANAL 2
Canal 2 is a partially encased, partially concrete-lined, trapezoidal channel that flows primarily
along Arnold Road immediately east of the eastern boundary of the Dublin Crossing Mitigation Site.
Because Canal 2 is highly disturbed, with significant portions lined by concrete and riprap, it is
largely unvegetated with margins that are dominated by ruderal vegetation and ornamental trees.
Canal 2 begins as a concrete-lined channel northeast of the Dublin Crossing Mitigation Site in the
Tassajara Creek Regional Park. The 1961 USGS Quadrangle map shows an unnamed drainage near
the beginning of this canal; Canal 2 was likely constructed to direct runoff from this drainage and
the surrounding watershed to circumvent the proximal residential and commercial developments.
The Scarlett Drive Mitigation Area within Canal 2 was selected as a mitigation site for project-
related impacts to the canal due to its proximity to the impacted canal (approximately 0.7 mile
northeast of the impact site), and the ideal opportunity to restore the functions and values within
the canal that have been lost due to placement of rip rap and concrete within the canal, as well as
the historic management practices of the area within and adjacent to the canal.
3.2 BASIS OF DESIGN
The compensatory mitigation designs for the Scarlett Drive Mitigation Areas are intended to
optimize mitigation opportunities appropriate for the sites in a manner consistent with site-specific
recommendations of experienced restoration ecologists and technical advisors.
3.2.1 SCARLETT DRIVE ONSITE MITIGATION AREA
The relocated drainage ditches have been designed to maintain the hydrologic and biotic values of
the current onsite drainage ditches, while providing mitigation to offset the impacts of the project.
Specific Scarlett Drive Onsite Mitigation sites were selected based on information gathered during
several field investigations conducted in 2015, 2016, and 2017. Field investigations included
assessments of landscape position, soils, hydrology and watershed suitability, existing vegetation,
and practicability. Based on these investigations, the technical likelihood of successful drainage
ditch relocation and preservation is considered high. In the areas selected for restoration rainfall
generally runs off the adjacent trail and roadway as sheet flow instead of infiltrating into the soil
profile. Thus, the relocation of drainage ditches to these areas will serve to intercept sheet flows
and convey water to the city stormdrain system.
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Revised Mitigation and Monitoring Plan 8 August 8, 2020
3.2.2 SCARLETT DRIVE MITIGATION AREA WITHIN CANAL 2
The restoration of the portion of Canal 2 occurring within the Scarlett Drive Mitigation Areas has
been designed to restore the hydrologic and biotic values of the current Canal 2, while providing
mitigation to offset the impacts of the project. Specific Scarlett Drive Mitigation Area within Canal 2
sites were selected based on information gathered as part of the preparation of the original Dublin
Crossing Revised MMP. Field investigations included assessments of landscape position, soils,
hydrology and watershed suitability, existing vegetation, and practicability. Based on these
investigations, the technical likelihood of successful canal restoration and preservation is
considered high. In the areas selected for restoration rainfall generally runs off the adjacent Dublin
Crossing property and roadways as sheet flow instead of infiltrating into the soil profile. Thus, the
restoration of Canal 2 in these areas will serve to further intercept sheet flow, allowing for
infiltration of waters into the natural landscape as an alternative to additional flows into the city
stormdrain system.
3.3 MITIGATION DESIGN
The proposed locations for the Scarlett Drive Mitigation Areas are shown in Figure 4. As discussed
above, these locations were chosen based on landscape position, soils, hydrology and watershed
suitability, existing vegetation, and practicability of successfully creation and management of
drainage ditches and restoration and preservation of canal habitat. Construction plans for
mitigation drainage ditch relocation are included in Appendix D. Cross sections of proposed impact
locations within the Chabot Canal and proposed mitigation locations within Canal 2 are included in
Appendix E
3.3.1 SCARLETT DRIVE ONSITE MITIGATION AREA
The relocation of drainage ditches will include excavation and grading to create new drainages
where upland grassland habitat currently occurs. The grading will include over-excavation of at
least 12 inches to treat and compact soils. Over-excavated material will then be re-placed as
engineered fill, treated and compacted, and followed by implementation of a revegetation plan.
3.3.2 SCARLETT DRIVE MITIGATION AREA WITHIN CANAL 2
The restoration of the portion of Canal 2 occurring within the Scarlett Drive Mitigation Areas will
include the removal of concrete and rip rap currently occurring within the channel, re-contouring
of the canal, and the implementation of a riparian planting plan, which is designed to enhance the
biological services and values of the canal. The bed of the canal will be seeded with native plants
that are typical of a seasonal wetland swale.
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4.0 IMPLEMENTATION PLAN
4.1 CONSTRUCTION
Construction of the relocated drainage ditches will be occur as detailed below; grading plans are
presented in Appendix D. The restoration work to occur within the Scarlett Drive Mitigation Area
within Canal 2 will be conducted as detailed in the 2019 Dublin Crossing Revised MMP.
4.1.1 GRADING
All ground-moving work associated with the creation of the Scarlett Drive Onsite Mitigation Area
will occur between April 1 and October 31, unless a mutually agreed upon alternative timeframe is
approved by the Resource Agencies. Relocated drainage ditch excavation will be conducted with
rubber-tired equipment, including backhoes, front-end loaders, and/or earth movers. Relocated
drainage ditch creation sites will be mass graded to excavate upland areas down to the elevation
required for drainage ditch habitat development. Finish grading will involve contouring the bottom
and side slopes of the relocated drainage ditch features to develop final microtopography that will
support drainage ditch hydrology, soil, and vegetation development, in addition to grading along
the edges of the relocated drainage ditch features to tie into the existing topography.
A grade-setter outfitted with a laser-level and GPS equipment will be used to ensure that grading
elevations are consistent with mitigation design and anticipated ecological function. At the
completion of construction, all relocated drainage ditches will be mapped using the grade-setting
equipment and this information will be incorporated into the As-Built plan set. It should be noted
that the layout of the relocated drainage ditches will be “field fit” based on actual field conditions
(such as soil and topography) during construction. Minor variations in location, size, depth, and
configuration may occur during construction based on these field conditions.
4.1.2 CONSTRUCTION MONITOR
All efforts would be made to avoid and minimize impacts to special-status species and their habitat
within and immediately adjacent to the Scarlett Drive Mitigation Areas during mitigation
implementation activities. Although no state or federally listed species of any kind are expected to
occur on or adjacent to the project site, out of an abundance of caution, measures will be
implemented to avoid and minimize affects to all regionally known wildlife. Specific avoidance and
minimization measures for the Dublin Crossing Project are presented within Appendix E of the
2019 Dublin Crossing Revised MMP (Appendix A), and include the presence of a biological monitor
(i.e., the Monitoring Biologist) onsite during all ground-moving activities associated with the
construction of the Scarlett Drive Mitigation Area within Canal 2. The Monitoring Biologist will
serve as the Construction Manager, observing and managing canal restoration on a daily basis,
during all phases of construction, to ensure that the MMP is implemented and that activities comply
with local, state, and federal regulatory authorizations. The Monitoring Biologist will have authority
to stop construction activities if situations arise that could be detrimental to existing habitat.
The Monitoring Biologist will recommend corrective actions (to be approved by the appropriate
regulatory agencies) to be undertaken for any activities found to be out of compliance and will be
onsite during all corrective actions.
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4.2 REVEGETATION
Revegetation of the relocated drainage ditches and the Scarlett Drive Mitigation Area within Canal 2
will be conducted as detailed below.
4.2.1 PLANTING PLAN
Riparian and seasonal wetland plants to be installed within the Scarlett Drive Mitigation Areas were
selected based on existing soils, hydrology, and vegetation in addition to an assessment of the local
watershed and California native vegetation known from the vicinity of the site. Plantings and seed
mixes will be installed between October 1st and December 31st to take advantage of winter rains.
4.2.1.1 SCARLETT DRIVE ONSITE MITIGATION AREA
All areas disturbed by drainage ditch relocation will be reseeded with native plant species known to
locally occur within/adjacent to swales and drainages. Reseeding of the relocated drainage ditches
and the adjacent upland areas will occur in the fall following construction, immediately prior to the
commencement of the rainy season, to allow for plant establishment prior to the dry season. The
bottoms and sides of the relocated drainage ditches will be seeded with a native wetland seed mix.
4.2.1.2 SCARLETT DRIVE MITIGATION AREA WITHIN CANAL 2
Plantings will be installed so that their root crowns are above grade to address soil settlement from
irrigation and help prevent root rot. Bark mulch (approximately two feet in diameter and three
inches deep) will be installed at the base of all new shrubs and trees, as will an irrigation basin
consisting of an earthen berm approximately two feet in diameter and five inches high. All plantings
will be examined for signs of disease prior to installation and those showing signs of disease will be
discarded. All plant material to be installed will meet the American Nurseryman’s Association
Standards. Plantings will be irrigated for the first three years during plant establishment and
weeded on a regular basis.
The planting plan for Scarlett Drive Mitigation Area within Canal 2 is presented in Appendix F. The
planting plan includes the approximate plan view layout of the plantings and plant spacing, and
includes plant lists that specify size, quantities, and grouping. Native seed mixes and quantities are
also specified for the low-flow channels and channel banks.
4.2.2 PLANT PALETTE
The plant palettes for the Scarlett Drive Mitigation Areas are primarily made up of native wetland
and upland plants that are known from the naturally occurring wetlands, creeks, and uplands in the
vicinity; other native species have been included to further enhance the ecological functions and
services of the habitat conservation effort. All species included in the plant palettes were chosen
due to experienced success in similar habitats in the vicinity. Any changes to the plant palettes must
be approved by the Land Manager. The plant palette for the Scarlett Drive Onsite Mitigation Area is
detailed below. The plant palette for the Scarlett Drive Mitigation Area within Canal 2 is detailed
within the Planting Plan included as Appendix F.
4.2.2.1 SCARLETT DRIVE ONSITE MITIGATION AREA
The seed mix to be installed along the bottoms and sides of the relocated drainage ditches upon
completion of final grades include the following native, wetland and upland grass species: meadow
barley (Hordeum brachyantherum), salt grass (Distichlis spicata), foothill needle grass (Stipa lepida),
and tufted hairgrass (Deschampsia cespitosa). The seed mix to be installed along the upper banks of
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 11 August 8, 2020
the relocated drainage ditches and adjacent disturbed uplands upon completion of final grades
include the following native, upland grass species: purple needle grass (Stipa pulchra), nodding
needle grass (Stipa cernua), California melicgrass (Melica californica), small fescue (Festuca
microstachys), and pine bluegrass (Poa secunda).
4.3 CONSTRUCTION SCHEDULE
The construction of the Scarlett Drive relocated drainage ditches and Canal 2 restoration is
anticipated to take place in during the 2019 dry season, concurrent with project-related impacts to
waters of the U.S./State within the project site.
4.4 AVOIDANCE AND MINIMIZATION MEASURES
Construction will be managed to ensure that the habitats are constructed as designed and that
disturbance is limited to the mitigation creation/restoration project envelope identified within the
Resource Agency-approved construction plans. Avoidance and minimization measures to be
employed throughout the duration of the mitigation creation/restoration are included as Appendix
E of the 2019 Dublin Crossing Revised MMP (Appendix A).
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 12 August 8, 2020
5.0 MONITORING PLAN
The relocated drainage ditches and restored canal will be monitored and managed to maximize
their functions and values, in order to provide beneficial habitat for native plant and wildlife
species, as well as to benefit the hydrology and water quality of the surrounding area and
downstream waters/habitats. A ten-year monitoring program will be implemented to assess if the
relocated drainage ditches and restored Canal 2 have matched and/or exceeded the functions and
values of the impacted drainage ditches and wetland canal habitat, as well as to provide a
mechanism to determine the necessity for adjustments to the mitigation design and/or monitoring
procedures. Adjustments to monitoring procedures may be required in order to remain accurate,
complete, and feasible as the site changes over time, or if logistical problems render a procedure
unduly difficult to conduct. The monitoring protocol and results will be reviewed by the Land
Manager and Resource Agencies annually and proposed adjustments will be discussed with the
Resource Agencies. After reviewing the monitoring reports, the Resource Agencies may also have
suggestions for adjusting the monitoring program. Agency suggestions will be reviewed and, if
appropriate, incorporated into the following year’s monitoring program.
The mitigation monitoring objectives for the Scarlett Drive Onsite Mitigation Area have been
developed to ensure the relocated drainage ditch portion of the mitigation is maintained as a
functional water conveyance ditch, meeting the performance standards established within this
document. Monitoring protocol and assessment methods for the Scarlett Drive Onsite Mitigation
are described below. The reporting requirements for the Scarlett Drive Onsite Mitigation are
described within the 2019 Dublin Crossing Revised MMP.
The mitigation monitoring objectives for the Scarlett Drive Mitigation Area within Canal 2 have
been developed to ensure the Canal 2 restoration portion of the mitigation meets the performance
standards established in Section 4 of the 2019 Dublin Crossing Revised MMP. Mitigation monitoring
will also aid in identifying and remedying any problems that could impact the success of restoration
and enhancement efforts. Monitoring protocol, assessment methods, reporting requirements, and
performance standards for the Scarlett Drive Mitigation Area within Canal 2 are described within
the 2019 Dublin Crossing Revised MMP.
5.1 MONITORING METHODS
The Land Manager will be responsible for coordinating monitoring and reporting, to be conducted
by the Monitoring Biologist. Monitoring of the Scarlett Drive Mitigation Area within Canal 2 will be
conducted in accordance with methods described within the 2019 Dublin Crossing Revised MMP.
Monitoring of the Scarlett Drive Onsite Mitigation Area will be conducted as described herein.
5.1.1 VEGETATION
5.1.1.1 VEGETATIVE COMPOSITION AND COVER
Annual assessments of the vegetation seeded and recruited within the relocated drainage ditches
will be conducted to ensure that the relocated drainage ditches meet the Ecological Performance
Standards established for vegetation. The vegetation cover and composition of in-channel
vegetation will be assessed during the late spring/early summer of each monitoring year.
Vegetation sampling will be conducted using the point-intercept sampling method. Two transects
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 13 August 8, 2020
will be established in each relocated drainage ditch, one along the length of one of the banks and
one along the channel bed. Each plant species occurring at the intercepts along the transects will be
recorded and categorized according to native status and invasive status.
5.1.1.1.1 Invasive Species
The California Invasive Plant Council (Cal-IPC) has prepared a list of non-native invasive plants that
threaten the state's wildlands; these plants are categorized based on an assessment of the
ecological impacts of each plant (i.e., California Invasive Plant Inventory). The Inventory categorizes
plants as High, Moderate, or Limited, reflecting the level of each species' negative ecological impact
in California. Plant species designated by Cal-IPC as plant pests with an impact rating of “High” will
not be allowed to colonize or become established within the relocated drainage ditches.
Data regarding invasive species cover will be derived from annual assessment vegetative data along
the established transects, direct observation, and/or photo documentation. Any problematic or new
stands of invasive vegetation will be photographed and described in annual monitoring reports
along with recommendations for control and/or eradication.
5.1.2 TRASH, TRESPASS, EROSION, AND GENERAL SITE CONDITIONS
Annual monitoring will include general visual surveys of the Scarlett Drive Onsite Mitigation Area
to ensure that site degradation does not occur. During each monitoring visit, signs of vandalism will
be noted and reported to the Land Owner immediately. Incidents of trash and/or trespass will be
recorded, including type, location, and management mitigation recommendations will be made to
avoid, minimize, or rectify a trash and/or trespass impact. Site visits will also include monitoring
for sign of trespass, such as signs of off-road vehicle use, presence of brush and litter, and human
foot traffic. Annual erosion monitoring will include visual surveys of the banks for the presence of
headcuts, knickpoints, and erosional gullies and rilling.
5.1.3 PHOTO DOCUMENTATION
At least two permanent photo stations will be established at each relocated drainage ditch feature
prior to construction and illustrated on As-Built drawings. Photo station locations will be recorded
with GPS equipment to ensure photos will be taken from the same location each monitoring visit.
Photo station locations will be selected to illustrate year-to-year progress in relation to the pre- and
post-construction conditions. Photographs will be taken from the permanent photo stations during
each monitoring visit. Photographs will also be taken to document any events that may have a
significant effect on relocated drainage ditch success, such as flood, fire, or vandalism. Comparative
photographic documentation, as well as information on the photographs’ location and direction of
view will be included as an appendix in annual monitoring reports.
5.2 WETLAND DELINEATION
At the end of the 5-year monitoring period, a wetland delineation will be performed to document
the extent of drainage ditch created within the Scarlett Drive Onsite Mitigation Area. Soil,
hydrologic, and vegetation conditions of the drainage ditches will be delineated in compliance with
Corps’ 1987 Wetlands Delineation Manual, the Corps’ September 2008 Regional Supplement to Corps
of Engineers Wetland Delineation Manual: Arid West (Version 2.0) (Arid West Supplement). The
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 14 August 8, 2020
information will be recorded on the Arid West field data sheet. Results of the wetland delineation
will be included in monitoring reports.
5.3 CONTINGENCY MEASURES
If applicable ecological performance standards are not met during any portion of the compensatory
mitigation project, the appropriate Resource Agencies will be made aware of this failure within the
annual monitoring report. If large-scale corrective action is required to ensure that the ecological
performance standards are met, the appropriate Resource Agencies will be notified immediately,
and adaptive management will be implemented. An analysis of the cause(s) of failure(s) will be
conducted and, if determined necessary by Resource Agencies, remedial actions will be proposed
for approval. Changes to or modifications of the approved mitigation plan require approval by the
appropriate Resource Agencies.
In the event that the relocated drainage ditches are not expected to meet annual performance
standards, yet progressive improvement in site conditions is evident, the Land Owner will evaluate
whether to remediate or request an extension of the performance monitoring period. In the event
that the relocated drainage ditch is not meeting performance standards, an investigation will be
conducted to determine cause.
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 15 August 8, 2020
6.0 MAINTENANCE PLAN
Responsibility for maintaining the mitigation areas during the performance monitoring period will
reside with Dublin Crossing, LLC. The Land Manager, on behalf of and in collaboration with the
Dublin Crossing, LLC, will be responsible for all maintenance activities. If problems with
infrastructure or negative trends in the health of the created habitats are noted during monitoring
visits, maintenance activities will be recommended and implemented, upon approval from the Land
Owner and appropriate Resource Agencies. Maintenance activities conducted throughout each year
will be documented and discussed in annual monitoring reports.
6.1 MAINTENANCE ACTIVITIES
The Scarlett Drive Mitigation Areas will be maintained on a regular basis during the performance
monitoring period. The maintenance activities outlined below are to be implemented within the
Scarlett Drive Mitigation Areas throughout the initial 5-year performance monitoring period.
Maintenance activities to occur within the Scarlett Drive Onsite Mitigation Area after the
performance monitoring period is complete will likewise conform to the maintenance
recommendations below. Maintenance activities to occur within Canal 2 after the performance
monitoring period is complete are provided within the Dublin Crossing Revised LTMP (Appendix
B).
6.1.1 VEGETATION
6.1.1.1 MOWING
Overgrown vegetation and potential wildfire fuels within the Scarlett Drive Mitigation Areas will be
reduced as needed by mowing in areas where approved by the permitting agencies. If mowing is to
occur during the nesting season, a nesting bird survey will be conducted, and survey notes/results
will be included in the reports submitted to the permitting agencies. If nests are observed within
the areas to be mowed, or in close proximity (50 feet for passerines and 200 feet for raptors) to the
areas to be mowed, a non-disturbance buffer will be established by a qualified biologist, wherein
mowing will not occur until the nestlings have fledged. If no nests are observed within the areas to
be mowed, or in close proximity (50 feet) to the areas to be mowed, mowing may proceed.
6.1.1.2 PEST SPECIES CONTROL
Invasive plant species will be primarily managed through mowing efforts. However, a decrease in
the ecological functions and values of the relocated drainage ditches and/or restored canal would
trigger additional localized pest control methods. Control of invasive plants may include the use of
specific herbicides. Herbicide application is allowable, but only to control small, localized exotic
non-native problem areas. The Land Manager may approve the use of manual or mechanical control
activities if herbicide application is determined to be infeasible or undesirable. Manual methods
include hand pulling or use of hand tools to remove nuisance vegetation. Mechanical methods
include mowing with a string trimmer. To be effective, cut material must be removed from the site
after mowing is complete. When possible, mowing should be scheduled in coordination with
invasive species control.
The following specifications must be adhered to prior to application of herbicides within the
mitigation areas:
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 16 August 8, 2020
x Herbicide application should be considered feasible only after manual and mechanical
methods have been ruled out. In order to minimize the footprint of the herbicide application,
small spot treatments such as wicking, tight nozzle, or cut stump treatments that are more
precisely targeted will be prioritized over large-scale broadcast methods.
x Application of herbicides will be accomplished in accordance with the following standards:
o Herbicides will be applied by a qualified and licensed applicator (QAL) according to the
recommendations of a licensed pest control advisor (PCA).
o Herbicides to be used will include only EPA-approved post-emergent herbicides
recommended for use in wetlands.
o Under the direction of the Land Manager, a biological monitor will accompany sprayers to
prevent impacts to non-target native vegetation.
The type of herbicide used, target species, frequency and duration of use, minimization measures
used in applying the herbicide, and the methods used to avoid introducing herbicides into waters of
the U.S./State and surrounding non-target habitat will be documented and discussed within annual
monitoring reports.
6.1.2 EROSION CONTROL
The Scarlett Drive Mitigation Areas will be inspected for signs of erosion during the Spring site
visits. If erosion is observed, the Monitoring Biologist will determine the extent to which the
erosion is likely to impact the Scarlett Drive Mitigation Areas in an average rain year, and what
management actions are necessary, if any. If detrimental erosion is occurring within the relocated
drainage ditches, measures will be taken to divert or slow runoff prior to implementation of
remedial actions. Appropriate erosion control actions will also be taken as necessary, such as
stabilizing bare ground with sterile straw mulch, reseeding, or other appropriate measures. Minor
erosion should be corrected promptly with minor grading and reseeding with native hydroseed
mixes, use of straw wattles, erosion control blankets, and other erosion control methods. Severe
erosion control efforts may, on occasion, be necessary; in cases where these efforts trigger
permitting requirements, the Land Manager will be required to attain regulatory permits.
6.1.3 TRASH AND TRESPASS
Trash will be removed from the Scarlett Drive Mitigation Areas periodically, as directed by the Land
Manager. Obstacles that may diminish the Scarlett Drive Mitigation Areas’ ability to convey
stormwater flows will either be removed immediately, or arrangements will be made to remove
said obstacles as soon as is feasible. If any problems associated with trespass are observed,
adaptive management actions will be implemented.
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 17 August 8, 2020
7.0 PERFORMANCE STANDARDS
The long-term goal for the relocation and management of the Scarlett Drive Onsite Mitigation Area
is to provide for the re-creation of drainage ditches that will function without any significant human
intervention, continually providing drainage ditch functions and values to the surrounding areas. As
such, performance standards established for the Scarlett Drive Onsite Mitigation Area (see below)
have been created to support the establishment of drainage ditch features that support locally
occurring plants and wildlife, intercept proximal sheet flows, and convey flows to the city
stormdrain system. Performance standards must be achieved before the compensatory mitigation
activities are deemed successful. Annual monitoring results will be compared with performance
standards in order to evaluate success of relocated drainage ditch creation. If annual monitoring
results fall below performance standards, the cause will be investigated by the Land Manger; based
on the information collected by the Land Manager, adaptive management recommendations will be
proposed to remediate the deficit and attain compliance with the final performance standards.
The Scarlett Drive Mitigation Area within Canal 2 is expected to meet performance standards
presented within the 2019 Dublin Crossing Revised MMP.
7.1 FINAL WETLAND DELINEATION
At the end of Year 5, a minimum of 0.466 acre (2,225 linear feet) of other waters of the U.S./State
will occur within the relocated drainage ditches.
7.2 VEGETATION
The relocated drainage ditches will be primarily vegetated. A minimum of three native species
(including seeded, planted, and naturally recruited species) will be present in the relocated
drainage ditches during all monitoring years. The relocated drainage ditches will not be dominated
by non-native invasive vegetation. The absolute cover of a non-native invasive plant species (with a
“High” to “Moderate” ranking by Cal-IPC) will not exceed 10 percent.
7.2.1 YEAR 1
The relocated drainage ditches will exhibit a minimum of 50% vegetative cover.
7.2.2 YEAR 2
The relocated drainage ditches will exhibit a minimum of 65% vegetative cover.
7.2.3 YEAR 3
The relocated drainage ditches will exhibit a minimum of 75% vegetative cover.
7.2.4 YEAR 4
The relocated drainage ditches will exhibit a minimum of 85% vegetative cover.
7.2.5 YEAR 5
The relocated drainage ditches will exhibit a minimum of 90% vegetative cover.
7.3 EROSION
The relocated drainage ditches will be reasonably stable features, exhibiting characteristics
representative of healthy channels, without excessive erosion or head-cutting. Signs of excessive
slope and/or structural failures will not occur within the relocated drainage ditches.
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 18 August 8, 2020
7.4 COMPLETION OF MITIGATION RESPONSIBILITIES
Upon completion of the performance monitoring period, when the performance standards have
been met, the final monitoring report will include 1) notification that the performance monitoring
period for relocated drainage ditches has been completed, 2) the Year 5 wetland delineation, and 3)
a letter requesting verification of successful completion. The Resource Agencies will provide a
request for a site visit, if deemed necessary, to confirm achievement of the performance standards,
within 60 days following the submittal of the final monitoring report, at which time the Applicant
will be released from any mitigation obligations. Notification of achievement of final performance
standards and copies of letters of verification of completion will be submitted to Zone 7 and the City
of Dublin, as applicable.
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 19 August 8, 2020
8.0 LONG-TERM MAINTENANCE AND MANAGEMENT
8.1 SCARLETT DRIVE ONSITE MITIGATION AREA
Long-term maintenance and management of the Scarlett Drive Onsite Mitigation Area will be the
responsibility of the Boulevard Master HOA. As the City of Dublin does not have a standardized
vegetation management plan for roadside vegetated strips or drainage ditches, the long-term
maintenance and management requirements are outlined in the Agreement for Long Term
Encroachment for Landscape Features Within City of Dublin Right of Way (Scarlett Drive) (Scarlett
Drive LTEA), which has been prepared and entered into by the City of Dublin and Dublin Crossing,
LLC (Appendix G). The Scarlett Drive LTEA acts as an instrument to obligate the Boulevard Master
HOA with maintenance of all landscape areas within the public right-of-way, which will include the
relocated ditches.
8.2 SCARLETT DRIVE MITIGATION AREA WITHIN CANAL 2
As outlined above, the Scarlett Drive Mitigation Area within Canal 2 will become an integrated part
of the Dublin Crossing Revised LTMP upon meeting success criteria (i.e., the long-term maintenance
and management of the Scarlett Drive Mitigation Area within Canal 2 will be accomplished per the
prescriptions outlined in the Dublin Crossing Revised LTMP). The Applicant will provide additional
funds to the existing endowment that has been established according to the Dublin Crossing
Revised LTMP; these additional funds will provide income to fund perpetual management,
maintenance, monitoring, and other activities within these covered areas. The costs associated with
long-term management and monitoring activities of the covered areas have been identified using
the same methodologies and assumptions as those used for the Dublin Crossing Revised LTMP.
8.2.1 FUNDING
Table 1 (below) summarizes the anticipated costs of long-term maintenance and management for
the Scarlett Drive Mitigation Area within Canal 2 that are above and beyond the costs that have
already funded for the greater Dublin Crossing Mitigation Site. These costs include estimates of
additional time and funding necessary to conduct and coordinate basic monitoring site surveys,
reporting, and infrastructure maintenance and repair.
The total annual cost for required tasks has been estimated to be approximately $6,025. An
additional 10% of annual costs has been added to this total as a contingency fund to pay for
unanticipated items and activities necessary to meet the goal of the conservation area. Accordingly,
the total required annual funding is anticipated to be approximately $6,627.50. The applicant is
proposing to fund the operations and maintenance through monies deposited into the existing
Dublin Crossing Mitigation Site Endowment account. It is expected that the capitalization of the
endowment account balance (capitalization and principal) will reach an amount that will fully fund
the annual operations and maintenance via endowment returns. At the ROI rate of 1.5%, in order to
sufficiently fund the long-term maintenance and monitoring of the Scarlett Drive Mitigation Area
within Canal 2, the total additional contribution to the Dublin Crossing Mitigation Site Endowment
will be $380,000 (see Table 1). This account will mature (without withdrawal) during the
performance monitoring period of the mitigation site (expected to be ten years) during which all
management and maintenance responsibilities will be borne by the applicant.
Addendum to the Dublin Crossing
Revised Mitigation and Monitoring Plan
Johnson Marigot Consulting,
LLC 2020
List of Figures
Figure 1. Scarlett Drive/Iron Horse Trail Extension Project Site and Vicinity
Figure 2. Scarlett Drive/Iron Horse Trail Extension Project Jurisdictional Determination Map
Figure 3. Scarlett Drive/Iron Horse Trail Extension Project Impact Map
Figure 4. Scarlett Drive/Iron Horse Trail Extension Project Mitigation Map
DDUUBBLLIINN BBLLVVDD
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Figure 1
Site and Vicinity
LEGEND
Project Boundary (8.4 ac)
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Scale in Feet
Project Location
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DD-02DD-02
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WB-01WB-01
Projection: CA Stateplane, Zone 3
Datum: NAD 83
0 250125
Feet
Sam Bacchini, Cardno
12 March, 2015
Preparation Date:
Delineators:
3/13/2015
Revision Date:
2/13/2018
Kevin Gabel, Cardno
GIS Specialist:Project Site SCARLETT DRIVE/IRON HORSE
TRAIL EXTENSION PROJECT
Dublin, California
Wetland Delineation Map*
Legend
Survey Area (6.8 ac.)
Culvert
Water Feature
Drainage Ditch
Wetland Drainage Ditch
Wetland Basin
Wetland Canal
Alexandra Topor, Cardno
7 November, 2017
NOTES:
*This exhibit depicts information and data produced in strict accord with the U.S.
Army Corps of Engineers wetland delineation methods described in the 1987 Corps
of Engineers Wetland Delineation Manual and conforms to specifications per the
Corps Sacramento District. However, wetland boundaries have not been legally
surveyed and may be subject to minor adjustments if exact locations are required.
**The acreage value for each feature has been rounded to the nearest 1/1,000
decimal. Summation of these values may not equal the total potential Waters of the
U.S. acreage reported.
Wetland Type ID Acres Linear Feet
Wetland Basin WB-01 0.099 115
Wetland Canal WC-01 0.071 174
Wetland Drainage Ditch WDD-01 0.049 428
0.219 717
Wetland Type ID Acres Linear Feet
DD-01 0.144 1,286
DD-02 0.046 400
0.190 1,686
0.409 2,403
WETLANDS**
OTHER WATERS**
TOTAL WATERS OF THE U.S.
SUBTOTAL
SUBTOTAL
Drainage Ditch
Project
Location
5 0 150 300
SCALE IN FEET
SCARLETT DRIVE/IRON HORSE
TRAIL EXTENSION PROJECT
Dublin, California
Wetlands and
Other Waters of the U.S.
Impacts Map
Map Projection: NAD83, UTM Zone 10
Legend
Project Area (8.4 ac.)
Canal (Permanently Impacted
Under Dublin Crossing Project
(2012-00103S))
Proposed Road Improvements
Type Symbol Acres Linear Feet
Wetland Basin 0.099 115
Wetland Canal 0.071 174
Wetland Drainage Ditch 0.049 428
0.219 717
Type Symbol Acres Linear Feet
Drainage Ditch 0.190 1,686
0.190 1,686
0.409 2,403
IMPACTS TO WETLANDS**
IMPACTS TO OTHER WATERS**
TOTAL IMPACTED WATERS OF THE U.S.
SUBTOTAL
SUBTOTAL
Map Location
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DUBLIN BLVD.
0.119 ac. / 520 LF
0.093 ac. / 403 LF
0.055 ac. / 230 LF
0.062 ac. / 357 LF
0.046 ac. / 190 LF
0.091 ac. / 525 LF
See Inset Map
CENTRAL PKWY
HORIZON PKWY
Created/Revised: 10/11/2019
SCARLETT DRIVE/IRON HORSE
TRAIL EXTENSION PROJECT
Dublin, California
Mitigation Map
0 250 500
SCALE IN FEET
Scarlett Drive Project Area (8.4 acres)
Drainage Ditch Relocation: 2,225 linear feet (0.466 acre)
Riparian Area Restoration (0.743 acre)
Restored Riparian Area
Channel Restoration: 691 linear feet (0.047 acre)
Scarlett Drive On-site Mitigation
Scarlett Drive Off-site Mitigation
Dublin Crossing Off-site Mitigation
AR
NO
L
D R
D
Scarlett Drive Off-site Mitigation
Channel: 0.023 ac. / 337 LF
Riparian Area: 0.371 ac.
Scarlett Drive Off-site Mitigation
Channel: 0.024 ac. / 354 LF
Riparian Area: 0.372 ac.
Dublin Crossing Off-site Mitigation
Dublin Crossing Off-site Mitigation
Dublin Crossing Off-site Mitigation
Dublin Crossing Off-site Mitigation
HORIZON PKWY
CENTRAL PKWY
0 150 300
SCALE IN FEET
Restored Channel
Inset Map
(691 linear feet (0.790 acre))
(2,225 linear feet (0.466 acres))
Addendum to the Dublin Crossing
Revised Mitigation and Monitoring Plan
Johnson Marigot Consulting,
LLC 2020
List of Tables
Table 1. Scarlett Drive Mitigation Area within Canal 2 Long-Term
Maintenance and Management Cost Table
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 2020
Table 1. Scarlett Drive Mitigation Area within Canal 2 Long-Term Maintenance and Management Cost Table
Estimated Additional Endowment Costs for Long-Term Resources Management Associated with the Scarlett Drive Mitigation Area within Canal 2
Activity/ Actions Required Responsibility Frequency Required Actions Required Unit Number
of Units
Cost Per
Unit Cost Per Task Divide
Years Annual Cost
Part 1. Monitoring and Management Costs
Element A.1 - Aquatic Resources
Monitor Aquatic
Resources
Monitoring
Biologist Biannual (Wet Season/ Dry Season)
Walking survey:
documentation of
erosion/sedimentation/debris,
photodocumentation
Hours 1 $
135.00 $ 135.00 1 $ 270.00
Element A.2 - Vegetation
Monitor Wetland Vegetation Monitoring
Biologist Biannual (Wet Season/ Dry Season)
Walking survey:
documentation of
plants/wildlife quantity and
composition, photo-
documentation
Hours 1 $
135.00 $ 135.00 1 $ 270.00
Monitor Riparian Vegetation Monitoring
Biologist Biannual (Wet Season/ Dry Season)
Walking survey:
documentation of
plants/wildlife quantity and
composition, photo-
documentation
Hours 1 $
135.00 $ 135.00 1 $ 270.00
Tree/Shrub Pruning Contract Manual
Labor Annually Hand labor Hours 2 $
100.00 $ 200.00 1 $ 200.00
Monitor Invasive Species Monitoring
Biologist Biannual (Wet Season/ Dry Season)
Walking survey:
documentation and mapping
of invasive species vegetative
cover, research appropriate
methods for removal,
photodocumentation
Hours 1 $
135.00 $ 135.00 1 $ 270.00
Weed/Thatch Removal Contract Manual
Labor Annually Hand labor/Mowing Hours 2 $
100.00 $ 200.00 1 $ 200.00
Monitoring
Biologist Once Every 3 Years
Pre-mowing nesting bird
survey: inspect all suitable
nesting habitat to be directly
or indirectly impacted by
mowing, set up
nondisturbance buffer if
necessary
Hours 2 $
135.00 $ 270.00 3 $ 90.00
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 2020
Element B.1 - Public Access
Maintenance of Signs Land Manager Monthly
Walking survey: assess
condition of signs, coordinate
necessary repairs or
replacement
Hours 0.5 $
150.00 $ 75.00 # $ 900.00
Maintenance of Barriers to
Entry Land Manager Annually
Walking survey: assess
condition of barriers to entry
(plants/infrastructure),
coordinate necessary repairs
or replacement
Hours 1 $
150.00 $ 150.00 1 $ 150.00
Element B.2 - Trash and
Trespass
Trash Land Manager Monthly
Walking survey: document
trash location and extent,
coordinate with City of Dublin
for removal efforts
Hours 1 $
150.00 $ 150.00 # $ 1,800.00
Trespass Land Manager Annually
Walking survey: document
signs of tresspass, coordinate
with City of Dublin for
remedial efforts
Hours 1 $
150.00 $ 150.00 1 $ 150.00
Element B.3 - Fire Hazard Reduction
Fuel Removal Contract Manual
Labor Late Spring Hand labor/Mowing Hours 4 $
100.00 $ 400.00 1 $ 400.00
Monitoring
Biologist Annually
Pre-mowing nesting bird
survey: inspect all suitable
nesting habitat to be directly
or indirectly impacted by
mowing, set up
nondisturbance buffer if
necessary
Hours 2 $
135.00 $ 270.00 1 $ 270.00
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 2020
Replacement Time and
Materials
Signs Land Manager Annually Signs Sign 1 $
200.00 $ 200.00 1 $ 200.00
Land Manager Annually Sign removal and installation Hours 1 $
150.00 $ 150.00 $ 150.00
Planting Material Late Fall Shrubs Shrub 1 $
135.00 $ 135.00 $ 135.00
Late Fall Trees Tree 1 $
50.00 $ 50.00 $ 50.00
Late Fall Seeds Pound
of Seeds 1 $
50.00 $ 50.00 $ 50.00
Contract Manual
Labor Late Spring Plant removal and installation Hours 2 $
100.00 $ 200.00 1 $ 200.00
Total Annual Itemized Costs $ 6,025.00
Contingency (Annual Costs)
Contingency Land Manager Annually
Fund to cover unanticipated
items and activities necessary
to meet the goal of the
conservation area
Items
$6,025.00 10% $ 602.50 1 $ 602.50
Total Annual Costs with Contingency $ 6,627.50
Funding
Income ROI Endowment
Funding Zone 7 One Time Payment
Receive endowment funds
and contribute to existing
endowment for the Dublin
Crossing Mitigation Site
Single
Payment
$6,627.50 1.25% $ 380,000.00
Endowment Requirements for Annual Long-Term Management and Maintenance $ 380,000.00
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 2020
List of Appendices
Appendix A. 2019 Revised Mitigation and Monitoring Plan, Dublin Crossing (prepared by Johnson
Marigot Consulting, LLC., dated May 2019)
Appendix B. Revised Long-Term Management Plan, Dublin Crossing (prepared by Johnson Marigot
Consulting, LLC., dated April 2017)
Appendix C. Stormwater Management Maintenance Agreement
Appendix D. Grading Plans for the Scarlet Drive/Iron Horse Trail Extension Project (prepared by
Ruggeri-Jensen-Azar, dated September 2018)
Appendix E. Chabot Canal and Canal 2 Cross Sections (Impacts vs Mitigation)
Appendix F. Planting Plan for the Scarlett Drive Mitigation Area within Canal 2
Appendix G. Agreement for Long Term Encroachment for Landscape Features Within City of Dublin
Right of Way (Scarlett Drive)
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan June 2020
Appendix A
2019 Revised Mitigation and Monitoring Plan, Dublin Crossing
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DUBLIN CROSSING
CONTENTS
SECTION 1. INTRODUCTION ............................................................................................................ 1
ͳǤͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹ
ͳǤͳǤͳ ȀǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹ
ͳǤͳǤʹ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹ
ͳǤͳǤ͵ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹ
SECTION 2. PROJECT LOCATION AND DESCRIPTION .............................................................. 3
ʹǤͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͶ
ʹǤʹ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ
ʹǤʹǤͳ Ǧ
ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ
ʹǤʹǤʹ ǤǤȀǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ
2.2.2.1 Seasonal WetlandsǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͻ
2.2.2.2 Drainage DitchesǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͻ
2.2.2.3 Other Waters of the U.S.ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͻ
ʹǤʹǤʹǤ͵Ǥͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳͳ
ʹǤʹǤʹǤ͵Ǥʹ ʹǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳ͵
ʹǤ͵ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳͷ
ʹǤͶ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳ
ʹǤͶǤͳ ǡǡͲʹ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳ
ʹǤͶǤʹ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳ
ʹǤͶǤʹǤͳ ͳͷ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳ
ʹǤͶǤʹǤͳ ǡ͵ͳͷ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳ
ʹǤͷ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳ
ʹǤͷǤͳ ǦǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳ
ʹǤͷǤʹ ǦǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳ
ʹǤͷǤʹǤͳ Ǧ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳ
ʹǤͷǤʹǤʹ Ǧ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳ
ʹǤͷǤʹǤ͵ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳͺ
ʹǤͷǤʹǤͶ
ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳͺ
ʹǤ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳͻ
SECTION 3. IMPACTS AND MITIGATION .................................................................................... 20
͵Ǥͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹͲ
͵ǤͳǤͳ ǤǤȀǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹͳ
͵ǤͳǤʹ
ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹͳ
ǡ
ʹͲͳͻ
͵Ǥʹ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹͳ
͵Ǥ͵ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹʹ
͵ǤͶ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹ͵
͵ǤͶǤͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹͶ
͵ǤͶǤͳǤͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹͶ
͵ǤͶǤͳǤʹ ʹǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹͷ
͵ǤͶǤʹ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹͷ
͵ǤͶǤʹǤͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹͷ
͵ǤͶǤʹǤʹ ʹǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹ
͵ǤͶǤ͵ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹ
͵ǤͶǤͶ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹ
͵ǤͶǤͷ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹ
͵ǤͶǤͷǤͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹ
͵ǤͶǤͷǤʹ ʹǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹ
͵ǤͶǤͷǤʹǤͳ ȋʹ ȌǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹ
͵ǤͶǤͶǤʹǤʹ ȋʹȌǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹ
͵ǤͶǤͷǤ͵ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹ
͵ǤͶǤ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹͺ
͵ǤͶǤ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹͺ
SECTION 4. ECOLOGICAL PERFORMANCE STANDARDS ....................................................... 29
ͶǤͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹͻ
ͶǤͳǤͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹͻ
ͶǤͳǤʹ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹͻ
ͶǤʹ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵Ͳ
ͶǤʹǤͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵Ͳ
ͶǤʹǤͳǤͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵Ͳ
ͶǤʹǤͳǤͳǤͳ ͳǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵ͳ
ͶǤʹǤͳǤͳǤʹ ͵ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵ͳ
ͶǤʹǤͳǤͳǤ͵ ͷǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵ͳ
ͶǤʹǤͳǤʹ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵ͳ
ͶǤʹǤͳǤʹǤͳ ͳǦͷǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵ʹ
ͶǤʹǤͳǤʹǤʹ ǦͺǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵͵
ͶǤʹǤͳǤʹǤ͵ ͻͳͲǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵͵
ͶǤʹǤʹ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵Ͷ
ͶǤʹǤʹǤͳ ͳǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵Ͷ
ͶǤʹǤʹǤʹ ͵ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵Ͷ
ͶǤʹǤʹǤ͵ ͷǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵Ͷ
ͶǤʹǤ͵ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵Ͷ
ǡ
ʹͲͳͻ
ͶǤ͵ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵ͷ
SECTION 5. MONITORING REQUIREMENTS ............................................................................. 38
ͷǤͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵ͺ
ͷǤͳǤͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵ͺ
ͷǤͳǤʹ Ǧ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵ͺ
ͷǤͳǤʹǤͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵ͺ
ͷǤͳǤʹǤͳǤͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵ͺ
ͷǤͳǤʹǤͳǤʹ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵ͻ
ͷǤͳǤʹǤͳǤ͵ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͶͲ
ͷǤͳǤʹǤʹ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͶͲ
ͷǤͳǤʹǤ͵ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͶͳ
ͷǤͳǤʹǤ͵Ǥͳ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͶͳ
ͷǤʹǤ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͶͳ
ͷǤʹǤͳ Ǧ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͶͳ
ͷǤʹǤʹ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͶͳ
ͷǤʹǤ͵ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͶʹ
ͷǤ͵ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͶʹ
LIST OF FIGURES
ͳǤ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͷ
ʹǤ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͺ
͵Ǥ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳͲ
LIST OF TABLES
ͳǤǦǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ
ʹǤ ǤǤǤǤǤǤǤ
͵Ǥǡ ȋͷͲȌǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳ͵
ͶǤʹǡ ȋͷͲȌǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤͳͶ
ͷǤ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹͲ
Ǥ
ǡǡ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹͳ
Ǥ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤʹ͵
ͺǤ Ǧ ͳǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵Ͳ
ͻǤ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵ʹ
ͳͲǤ ǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤǤ͵
ǡ
ʹͲͳͻ
LIST OF APPENDICES
Ǥ
Ǥ ʹ
Ǥʹ
Ǥ Ǧ Ȁ
Ǥ Ǧ
ǤȋȌǦ
LIST OF ACRONYMS
Ǧ
Ǥ ǤǤ
Ǧ
ǤǤ
ǤǤ Ƭ
ͳ
ǡ
ʹͲͳͻ ʹͲͳͻ
SECTION 1. INTRODUCTION
ǡ ͳͷǤǦ
ǡǡȋ
ȌǤȋȌ
Ǧ
ǡ ǡDzǡdz
Ǥ
ͲǤ͵ͷ ͳǡʹͷ
ȋͲǤͳͶ ȌǤ ǡ
ǣ
x ͲǤͲ Ǣ
x ͷʹͺ Ǣ
x ʹǡʹͳ Ǥ
ǤǤȀ ͷǤͶǦ
ȋǡDzͳdzȌ ͲǤͶʹǦ ʹ
ͳǤͺͶǦ ʹ ȋǤ͵
ȌǤ
ǤǤȋȌǡ
ȋȌǡ
ȋ Ȍ ǯ
ǡ
ǯ
ȋ ȌǤ
Ǧ ȋȌ
ǡǡǤ
ǡǡǡǡ
Ǥ
ǡ
Ǥ
Ǥ
ʹ
ǡ
ʹͲͳͻ ʹͲͳͻ
1.1 RESPONSIBLE PARTIES
1.1.1 APPLICANT / PERMITTEE
ǡ
Ǥ
ͶͷͲǡͳͷͲ
ǡͻͶͷͺͺ
1.1.2 PREPARER OF THE MITIGATION AND MONITORING PLAN
ǡ
ͺͺ ǡ
ǡͻͶͲͲͷ
ǣ
ǡ
ȋͶͳͷȌͲʹǦʹͻͲ
1.1.3 ONSITE MITIGATION LAND OWNER AND LAND MANAGER
ͳͲͲ
ǡͻͶͷͷͳ
ǣǡ
ȋͻʹͷȌͶͷͶǦͷͲͶ
͵
ǡ
ʹͲͳͻ ʹͲͳͻ
SECTION 2. PROJECT LOCATION AND DESCRIPTION
ͳͷǤǦ ʹǡͶͺͶǦ
ȋȌǡǡ
Ǥ ͳǤͲ
ͷͺͲͺͲǡ
ȋ ͳȌǤ
Ǥ
ȋ
Ȍ
ͳͻͻǡǡ ǡ
Ǥ ͷ
ǡǡǡ
Ǥ
ͳͻͶʹ
͵ǡͻͲͲ Ǥ ǡ
Ǥ
ͳͻͷͲǤǤ Ǥ
ͳͻͷͻͳͻͺͲǡǤǤ Ǥ
ͳͻͺͲǡǤǤ ǤǤ
Ǥ ǡ
Ǣ Ǥ
ǡʹͷ
ǡȀȀ
Ǥ
ǡ
͵͵ͷ͵ͲȋȌǤ ͷ
ͳͷǦǦ Ǥ
ȋ ȌǦǡ ǡǡ
Ǥ Ǧ Ǧ
ǡ Ǧ
Ǥ
ȋ ǡǡǡȌ
Ǥ
ȋ ȌǤǤ
Ͷ
ǡ
ʹͲͳͻ ʹͲͳͻ
ȋ ȌǤ
ȋȌ
ǡ Ǥ
ǡǡ
ǡ Ǧ
Ǥ ǡ
ȋȌ ȋʹȌ
Ǥ
2.1 PROJECT DESCRIPTION
ͳͷǤǦ Ǧ
ǡ ͵ͲǦ
ǡ Ǥ ͵ͺ
Ǧǡ͵͵ Ǧǡ
ȀǦǡͶ ȀǦ
ǡͳ͵ ǡͳʹ ǡ͵͵
ǡͳͺ Ǥ ǦǦ
ǡǡǡ ǡǡǡǡ
Ǥ
ʹ ǡ
Ǥ
Ǥǡ ǡ
ǡ
Ǥ
Ǥ ǡ
Ǧ Ǧ Ǣ
ǡ Ǧʹȋ
ȌǤ
Ǧǡ
ǦǤ
ǡ ǡ
Ǥ Ǥ
ͷ
ǡ
ʹͲͳͻ ʹͲͳͻ
Figure 1. Project Site and Vicinity Map
ǡ
ʹͲͳͻ ʹͲͳͻ
2.2 HABITATS PRESENT ON THE PROJECT SITE
2.2.1 NON-NATIVE GRASSLAND
Ǧ Ǧ
ȋAvena .ȌǡȋCynodon dactylonȌǡ
ȋFestucaǤȌǡ ȋPhalarisǤȌǡ ȋHordeum
ǤȌǡ ȋBrassica nigraȌǡȋHirschfeldia incanaȌǡǦ
ȋHelminthotheca echioidesȌǡȋMalvella leprosaȌǡȋDittrichia
graveolensȌǡȋEpilobiumbrachycarpumȌǡǦȋCentaurea
solstitialisȌǤ
2.2.2 WATERS OF THE U.S./STATE
ǡ
Ǣ ʹǡ
ʹͲͲͶǤ ǡ
Ǥǡǡ
ȋ ǡʹͲͳͶ
Ȍ ʹͲͳͷǤ
ʹǡʹͲͳͷǤ ʹ
Ǥʹ
Ǥͳ
Ǥ
ȋ ʹȌǤǡ
ͳǤʹ͵ͷ Ͷǡͳͷ͵ǤǤ
ǢͲǤ͵ͷ ȋͷͶȌ ͲǤͺͺͷ
ȋ͵ǡͷͻȌǤͲǤ͵ ȋͷ͵ͳ
Ȍʹȋ
ȌǤǤǤ ȋ
ǡǯ ǡʹ
ȌʹǤ
ǡǤǤ
ǡ
ʹͲͳͻ ʹͲͳͻ
Table 1. Verified Delineation - Waters of the Unites States
Jurisdictional Water Type Acres Linear Feet
Wetlands
ͲǤʹͶǦ
Wetland Drainage DitchͲǤͳͳͷͶ
Wetlands Subtotal 0.35 574
Other Waters
ͲǤͻͻʹǡͻʹͲ
ʹͲǤʹͶ͵ǡ͵͵ͳ
Other Waters Subtotal 1.23 6,251
Total 1.58 6,825
Table 2. Total Waters of the United States within the Dublin Crossing Project
Footprint
Jurisdictional Water Type Acres Linear Feet
Dublin Crossing Project Site
Wetlands
ͲǤʹͶȀ
ͲǤͳͳͷͶ
Wetlands Subtotal 0.35 574
Other Waters
ͲǤͲͳͷ͵
ʹͲǤͲͻͲͳ͵ͳͳ
ͲǤͲͻͷ͵ʹ
Other Waters Subtotal 0.885 3,579
Total* 1.235 4,153
Offsite but Within Project Footprint
Canal 2 Crossings Area**
ͲǤʹͲ ʹͺͺ
ȗ
ȗȗʹ ǡ
ͺ
ǡ
ʹͲͳͻ ʹͲͳͻ
Figure 2. Dublin Crossing Proposed Site Plan and Impact Map
ͻ
ǡ
ʹͲͳͻ ʹͲͳͻ
ȋ ǤǦʹͲͲͶǦʹͺͶͶͷȌ
Ǥ
ǡ ǡ
ȋ ͵ȌǤǤǤ
Ǥ
Ǧ ǡ
ǡ
ʹǤ ʹ
ȋ ʹȌǤ
2.2.2.1 SEASONAL WETLANDS
Ǥ
Ǧ
ȋPlantago lanceolataȌȋHordeum marinumȌǤ
Ǥ
ǡʹͲͳͷ
ȋͲǤʹͶ Ȍ Ǥ
2.2.2.2 DRAINAGE DITCHES
ǦȀ Ǥ
ǡ
ȋCyperus eragrostisȌǡ ȋJuncus balticusȌǡ ȋRumex
occidentalisȌǡ ȋEleocharis macrostachyaȌ
ǤʹͲͳͷ
ȋͲǤͳͳ ǡͷͶȌ
Ǥ
2.2.2.3 OTHER WATERS OF THE U.S.
ǡ
ȋȌ ȋʹȌ ǤʹͲͳͷ
ǤǤȋͳǤʹ͵ ǡǡʹͷͳȌ Ǥ
ǯ
Dz Ǥdz ǡ
ʹ Ǣʹ
ʹǤ
ͳͲ
ǡ
ʹͲͳͻ ʹͲͳͻ
Figure 3. Parks Project Canal
ͳͳ
ǡ
ʹͲͳͻ ʹͲͳͻ
2.2.2.3.1 CHABOT CANAL
Ǧ
ǡ ǡ
Ǥ
ȋTyphaǤȌǡȋJuncus balticusȌǡȋCyperus
eragrostisȌ ǡ
ǡ Ǧ
Ǥ ǡ
Ǧ Ǧ
Ȁ
Ǥ
ǡ
ȋ
ȌǤ
Ǧ
ͶǤ
ǡǤ
ǡ Ǥǡ
Ǥ
2.2.2.3.1.1 Particle Size Characterization
ʹͲͳͷǤ ͳ͵Ͳ
Ͷ Ǥ
ǤȋͷͲȌ Ǥͷ
ȋȌͺͶʹ͵ȋȌǤͳ
ȋʹȌͳ
Ǥ
ͳ͵Ͳ Ͷ ǡ
ͳͻͲ ǡ͵ʹͲǤ
Ǥ
ȋͳͻͲͶ Ȍ
Ǥ
ͳʹ
ǡ
ʹͲͳͻ ʹͲͳͻ
ǡ
ǡ
Ǥ
Ǥ
ȋʹͲͳͷȌ
Ǥ ǡͳ͵Ͳ
Ͷ ͷ
Ͷ Ǥ ǡǡ
ǦǡǤ
Ǥ
ǡǡǡ ǡ
Ǥ ͳǡ
ǡ Ǥ
ͷͲ ͵ ͷͲ
Ǧ ǤʹͶǤ
ʹ Ƭ ǡ
ǡ Ƭ Ǥ
ͳ͵
ǡ
ʹͲͳͻ ʹͲͳͻ
Table 3. Chabot Canal Bank Bulk Samples, Median Particle Size (d50)
Site 1
(mm)
Site 1 Category Site 2
(mm)
Site 2
Category
ȋȌǤͲ͵ǤͲ͵ͻ
ȋǦȌǤͲǤͲͳʹ
ȋȌǤͲͳͺǤͲͷ
2.2.2.3.1.2 Parks Project Canal
ͶͲͲ
Ǥǡ
ǡʹǡͷͺͶ
ȋǦȌǤ
2.2.2.3.2 CANAL 2
ʹ ǡ ǦǡǦ
ǡ Ǥ
ǡʹ
ȋ Ȍǡ
Ǥ
ʹ Ǥ
2.2.2.3.2.1 Onsite
ȋȌʹ
Ȁǡ
ȋǦȌ ȋ ʹȌǤ
Ǧ ȋTyphaangustifoliaȌ
ȋSalix lasiolepisȌ
Ǥ
Ǧ ǡ
Ǥ
2.2.2.3.2.2 Offsite
ʹ
ǡ Ǥ
ǡ ǡ ǡ
ȋ Ȍȋ ȏRobinia
ͳͶ
ǡ
ʹͲͳͻ ʹͲͳͻ
pseudoacaciaȐǡȏQuercus virginianaȐǡȏAlbizia julibrissinȐǡ
ȏPistacia chinensisȐȌǤ ǡ
ǡ
Ǧ Ǥ
ǡǦ ǡ
ȋSchoenoplectus acutusȌǤ
ʹ
ȋʹȌǤ
ǣ
ǡ ǡ
ȋDz dzȌ
ȋDz dzȌȋ ʹȌǤ
2.2.2.3.2.3 Particle Size Characterization
ʹ
Ȁ
Ǥ
ǡ
ʹ
Ǥ
Ǥ
Ǧ Ǥ
ȋ͵ȌͲͲ
ǡ ǡǦǡǤͶ
Ǥ
Ƭ Ǥ ǡ
Ǥ
͵ Ǥ
Table 4. Canal 2 Bank Bulk Sample, Median Particle Size (d50)
Site 3 (mm) Category
ȋȌǤͲͳ
ȋǦȌǤͲͲͳ
ȋȌǤͺͺ
ͳͷ
ǡ
ʹͲͳͻ ʹͲͳͻ
2.3 HYDROLOGY
Ǧǡ
Ǥ
ǡǡ ǡ
ǡ Ǥ
ͲͲǡǤ
ǣǡ
ǡǤ ǡ
ǡ
Ǥ
ǡǦǤ
Ǧ ǡ
ǡ Ǥ
ʹǤ
ͻʹ Ǥʹ
ͺͺ Ǥ
ǡ ǡ
ǡ Ǥ
ǡ
ȋ
ȌǤǡ
ͷͺͲǤ ͷͺͲǡ
ǡ
ǡ
Ǥ
ʹ Ǧ
Ǥͳͻͳ
Ǣʹ
Ǥ
Ǥʹ
ǡ
Ǥ ǡ
ͳ
ǡ
ʹͲͳͻ ʹͲͳͻ
ǡ ǡ
ʹǡ ǡ
ǡ
ǡǦ
ͷͺͲǤ
Ǥ
2.4 SOIL
ȋȌ
ǣǡǡͲʹ Ǣǡͳͷ
Ǣǡǡ͵ͳͷ Ǥ
ǡ Ȁǡ
Ǥ
2.4.1 CLEAR LAKE CLAY, DRAINED, 0 TO 2 PERCENT SLOPES
ǡǡͲʹ ǡ
Ǥ
ǡǤǡ
Ǥǡ
Ǥ ǡ Ǥ
2.4.2 DIABLO CLAY
ǡǦǡ ǡ
Ǥ
ǡ ǡǦǤ
Ǥ
2.4.2.1 7 TO 15 PERCENT SLOPES
ǡͳͷ ǡǤ
ǡǡǦǡ
Ǥǡ
Ǥǡ
Ǥ ǡ
Ǥ
2.4.2.1 VERY DEEP, 3 TO 15 PERCENT SLOPES
ǡǡ͵ͳͷ ǡ
ǤǡǡǦ
ͳ
ǡ
ʹͲͳͻ ʹͲͳͻ
ǡǤǡ
Ǥ
ǡ Ǥ
ǡ Ǥ
2.5 SPECIAL STATUS SPECIES KNOWN TO OCCUR IN THE REGION OF THE PROJECT SITE
2.5.1 SPECIAL-STATUS PLANTS
ǦǦǦ ǡ
ȋȌǦ ͳͻͻͷ
ƬǡʹͲͲ͵ȀʹͲͲͶǡƬ ǡʹͲͳͶȀʹͲͳͷ
Ǥ
Ǥ
Ǥ ǡǯ
ȋCentromadia parryi ǤcongdoniiȌǡͳǤͳ ǡ
Ǥ ͲǤʹ͵
ǯ
ͲǤͻ
ȋ͵ǤͺǣͳȌǡ Ǥ
2.5.2 SPECIAL-STATUS WILDLIFE
2.5.2.1 SPECIAL-STATUS INVERTEBRATES
Ǧ
ʹͲͲʹǡʹͲͲ͵ǡʹͲͳʹǡʹͲͳ͵Ǥ
ȋBranchinecta conservationȌǡ
ȋBranchinecta longiantennaȌǡȋBrachinecta lynchiȌǡ Ǧ
ȋHygrotus curvipesȌǡ ȋIschnura gȌǡ
ȋLinderiella occidentalisȌ
ʹͲͲʹʹͲͲ͵Ǥ ǡ
ʹͲͳʹʹͲͳ͵Ǥ
Ǥ
2.5.2.2 CALIFORNIA RED-LEGGED FROG
ǦȋRana DraytoniiȌ
ȋ ͳǤ͵
Ǥ ǦǦ
ʹͲͲ͵ʹͲͳ͵
ȋ ȌǤ ǡǡ
Ǥ
ͳͺ
ǡ
ʹͲͳͻ ʹͲͳͻ
2.5.2.3 CALIFORNIA TIGER SALAMANDER
ȋAmbystoma californiense; Ȍ
Ǥ
ȋȌǢ ǡȂͳͺǡ ͶǤ
Ǥ
ͳͻͻͺǣ
DzͲǤͷ ǦͷͺͲǡdzǡ
ͳǤ ȋ ǤͻͲȌǤ
Dzͳͻͻͺǣ
ǡǤʹͲͲͷǦʹͲͳʹ
Ǥdz
ȋʹͲͲͶȌǡͳǤ
ȋȌǤ
ȋȌǡ
ȋ ǡǡǡȌǡ
Ǥ Ȁ
Ǥ
ǡ
Ǥ
2.5.2.4 SAN JOAQUIN KIT FOX
ȋVulpes macrotis
mutica;
Ȍ
ͳǤͲ ǡǡDz
ͳͻʹ
ͳͻͷdzȋ ǤͳͲ͵ͳȌǤ
ͳͻͺͻǡ
ͻǤͲ ȋͳͻͺͻȌǤ
ȋȌ
ǡ
ǡ
ͳͻͺͻǡ Ǥ
ʹͲͲ͵Ǣ
Ǥ ǡ
ʹͲͳͷǤ
Ǥ
ͳͻ
ǡ
ʹͲͳͻ ʹͲͳͻ
2.6 SURROUNDING LAND USE
ͳͻͺʹ
ȋͻ͵Ψ ͳͻͻͲǢͶΨ ʹͲͲͲȌǡ
Ǥ
ǡ
ǡ
ǡ
Ǥ ǡ
ǡȀ
Ǥ
ʹͲ
ǡ
ʹͲͳͻ ʹͲͳͻ
SECTION 3. IMPACTS AND MITIGATION
3.1 IMPACTS AND AVOIDANCE
ǯ Ǥ
ǡǡ ǡ Ȁ Ǥ
Ǥ
Ǥʹ
Ǥ
Ǥ ǡʹ
ʹ
Ǥ
ǯ ǤǤ ͷǤ ǯ
ǤȀ
Ǥ
Table 5. Impacts to Waters of the U.S.
Jurisdictional Water Type Existing Permanent
Impacts
Temporary
Impacts
Avoided
Acres Linear
Feet
Acres Linear
Feet
Acres
Linear
Feet
Acres Linear
Feet
Dublin Crossing Project
Site
Wetlands
ͲǤʹͶǦͲǤʹͶǦͲǦ
ͲǤͳͳͷͶͲǤͳͳͷͶͲͲ
Wetlands Subtotal 0.35 574 0.35 574 0 0
Other Waters
ͲǤͲͳͷ͵ͲǤͲͷͺͳʹͳͲǤ͵ͳͶͳͷ
ʹ ͲǤͲͻͲͳ͵ͳͳͲǤͲ͵ʹͶͷͲǤͲͲͷͲǤͲͷ͵ͻ
ͲǤͲͻͷ͵ʹͲǤͲͷͶʹͲǤͲ͵ͺ͵Ͳͷ
Other Waters
Subtotal
0.885 3,579 0.147 1,013 0.727 2,489
Total* 1.235 4,153 0.497 1,588
Canal 2 Crossings Area** Ǧ Ǧ ͲǤͲͳ ʹͶ͵ Ǧ Ǧ
Total 1.235 4,153 0.514 1,830 0.005 77 0.727 2,489
ȗǡ ǡ
ȗȗʹ
ʹͳ
ǡ
ʹͲͳͻ ʹͲͳͻ
3.1.1 WATERS OF THE U.S./STATE
ͲǤʹͶ
ǡͲǤͳͳ ȋͷͶȌǡͲǤͳͶ ȋͳǡʹͷ
ȌǤ ǡͲǤͷͳͶ ȋͳǡͺ͵ͲȌǤǤ
ͲǤʹ ȋʹǡͶͺͻȌǤǤ
Ǥ Ǧ
ʹǤ
3.1.2 CDFW JURISDICTION
ʹǦȋ Ȍǡǡ ǡ
Ǥ
ͲǤͳͻ ȋͳǡ͵͵͵Ȍ
ǤǡͲǤʹ ȋʹǡͶͺͻȌ
ʹ Ǧ Ǥ
Table 6. Impacts to the Jurisdiction of the USACE, RWQCB, and CDFW Impacted Avoided Acres Linear Feet Acres Linear Feet
USACE ͲǤͷͳͻͳǡͻͲͲǤʹʹǡͶͺͻ
RWQCB ͲǤͷͳͷͳǡͻͲͲǤʹʹǡͶͺͻ
CDFW ͲǤͳͻͳǡ͵͵͵ͲǤʹʹǡͶͺͻ
3.2 PREFERENCE HIERARCHY AND MITIGATION APPROACH
ȋ Ȍ
ǤǤȀ ǡ ǯ
ȋǢ͵͵Ǥ ǤǤȚ
͵͵ʹǤ͵ȌǤpracticable and capable of compensating
for the aquatic resource functions that will be lost Ǥ
ǡ
ǡ
ǡ
Ǥ
ǤǤǣ
ͳȌȋ
ȌǢ
ʹʹ
ǡ
ʹͲͳͻ ʹͲͳͻ
ʹȌǦȋ Ǧ
ȌǢ
͵ȌǦ Ǥ
Ǧǡ ǡǦ
Ǥ
Dz dz
ǤǤȀ Ǥ
ȋ Ȍ
Ǧ Ǥ
ǡ ǡǡ
ǡ
Ǥ
3.3 COMPENSATORY MITIGATION RATIOS
ǯ ȀǤǤ
ͲǤ͵ͷ ͳǡͲͳ͵ǡʹ
ʹͶ͵ȋͳǡʹͷ
ȌǤ ǡ
ǣͳǣͳǡ͵ǣͳ ǡ
ͳǣͳ ǡʹǣͳ Ǥ
ͲǤͲ Ǥ
Ǧ ͳǡʹͷ
Ǥ
ͷʹͺ ʹǡͳͺͶ
ʹǡ Ǥ
Ǧʹ
ʹǡʹͳ Ǥ
ʹ
ǡǡǡ
Ǥ
ʹ͵
ǡ
ʹͲͳͻ ʹͲͳͻ
ǡ
Ǣ ȋ͵ͲͷȌ
Ǥ
ǣ
x ͳǡʹͷ ǡͷʹͺ
ͳǣͳǡʹͺ
x ʹͺ ͵ǣͳʹǡͳͺͶ
x
ʹǡʹͳ
Ǥ
Ǥ
Table 7. Proposed Mitigation for Impacts to Waters of the U.S.
ȗʹǡ Ǥ
3.4 MITIGATION DESCRIPTION AND IMPLEMENTATION
Ǥ ǡ
͵ͺǡͺ͵
ȋǤǤǡǡǡǡ ǤȌǤ
Ǧ
Impact Location
ȋͳǣͳȌ
ȋ͵ǣͳȌ
ȋʹǣͳȌ
Dublin Crossing
Project Site ͳǡͲͳ͵ ͲǤ͵ͷ ʹͶͲ ʹǡʹͳ ͲǤͲ
Canal 2 Crossings
Area*ʹͶ͵ -Ǧ ʹͺͺ Ǧ -
Total 1,256 LF 0.35 ac 77 LF 528 LF 2,261 LF 0.70 ac
MitigationImpacts
ʹͶ
ǡ
ʹͲͳͻ ʹͲͳͻ
ǡ
Ǧ Ǥ
ͷʹͺ ʹǡʹͳ
Ǥ
ǡǡ ǡǡ
ǡǡ Ǥ
ʹǤ
ǡ
ǡ Ǥ
Ǥ
ǡ ǡ ʹ
Ǥʹ
Ǥ
3.4.1 CANAL RESTORATION
ʹǤ
3.4.1.1 CHABOT CANAL
Ͳ
Ǧ Ǥ ǡ
Ͷǡ
ǡǤ
ǡ Ǥ
Ǥ
Ǧ
Ǥ
ͳͺͲǦ
Ǥ
Ǥ ǡ
Ǧ ͳͺͲǦǦ
Ǥ ǡ
Ǥ ǡʹͶͲ
ȋȌǤ
ʹͷ
ǡ
ʹͲͳͻ ʹͲͳͻ
3.4.1.2 CANAL 2
ʹ
ʹͺͺȋ͵ǡͺʹȌǡǦ
ǡ Ǥ ǡʹͺͺ
ʹȋȌǤ
3.4.2 CANAL ENHANCEMENT
ʹǤʹ
ǡǡǡ ǡ Ǥ
Ǥ
ͳǡͶͳͷͺͶʹǡ
ʹǡʹͳ Ǥ
ȋ ʹȌ
Ȁ ȋ
ȌǦ
Ǥ ʹ
ǡǡǤ
Ǥ
3.4.2.1 CHABOT CANAL
ǡǡ
ǡ Ǧ ǡ
ͳǡͲͲ
ȋȌǤ
ǡ ǡǡǡ
ǤǦ
Ǥ
ǡǦ ǡ
ǤǦ
ȋ ȌǤ
ȋ ȌǤ
ʹ
ǡ
ʹͲͳͻ ʹͲͳͻ
3.4.2.2 CANAL 2
ʹ
Ǥ
Ǧ Ǥ
ǡ
Ǥ
ȋ
ȌǤʹ
ȋ ȌǤ
3.4.3 SEASONAL WETLAND CREATION
ͲǤͲ
ʹǤ
Ǥ Ǧ
Ǥ
ȋ
ȌǤ
ȋ ȌǤ
3.4.4 CONSTRUCTION METHODS
ȋ Ȍ
Ǥ Ǥ
Ǥ
Ǧ ǢǦ
Ǥ ǡ
ǡ Ǥ
Ǥ ȋȌ
Ǥ
ȋȌǤ
3.4.5 PLANTING PLAN
ǡǡ
ʹ
ǡ
ʹͲͳͻ ʹͲͳͻ
Ǥ
ʹǤ
ͳ
͵ͳǤ
Ǥ ȋ Ȍ
ǡ
Ǥ
Ǥ ǯ
Ǥ
Ǥ
ʹ
ǡ ǡǡǤ
Ǧ ǡ
ǡǤ
3.4.5.1 CHABOT CANAL
ͺʹ͵ͻ
ǡͶǤͶͶ
ǡǡ Ǥ
3.4.5.2 CANAL 2
3.4.5.2.1 ONSITE (CANAL 2 ENHANCEMENT AREA)
ʹ ͺ
ʹͳͷǡͳǤ͵
ǡǡ Ǥ
3.4.4.2.2 OFF SITE (CANAL 2 CROSSINGS AREA)
ʹ ʹʹ
ͳͲͺǡͲǤͶͷ
ǡǡ Ǥ
3.4.5.3 SEASONAL WETLANDS
Ǥ
ʹͺ
ǡ
ʹͲͳͻ ʹͲͳͻ
ͲǤͲ
Ǥ
3.4.6 AVOIDANCE AND MINIMIZATION MEASURES
Ǧ
Ǥ
ǡ ǡ
ǡ
ǦǤ Ǧ
ǡ ǡ
ǡ Ǥ
Biological Assessment for the Dublin Crossing Projectȋ
ʹͲͳȌ
Ǥ
Ǥ
3.4.7 CONSTRUCTION SCHEDULE
ǡ ǡ
Ǥ
Ǥ ʹͲͳ ʹͲʹͺ
ȋ ȌǤ
ʹͻ
ǡ
ʹͲͳͻ ʹͲͳͻ
SECTION 4. ECOLOGICAL PERFORMANCE STANDARDS
Ǥ Dz
ȋ Ȍǡ Ȁ
dzȋ͵͵ ͵͵ʹǤʹȌǤ
Ǥ
Ǥ
ͳͲǤ
4.1 HYDROLOGY
4.1.1 CANALS
Ǧ
ǤǦ
Ǧ
Ǧ ǤǦ Ȁ
Ȁ Ǥ
ȋ ȌǡǦ
Ǥ
Ǥ
Ǧ
Ȁǡǡǡ
Ǥ
ǡ ǡȀǤ
4.1.2 SEASONAL WETLANDS
Ȁ Ǥ
ǡ Ǥ
ǤȀ
͵Ͳ Ǥ
͵Ͳ Ǥ
ǡ
Ǥ
Ǥ
͵Ͳ
ǡ
ʹͲͳͻ ʹͲͳͻ
4.2 VEGETATION
ǡǦ
Ȁǡ
ȋȌȋ ǡǡ
ȌǤǡ ǡǡ
Ǥ ǡ
ǡǡ Ǥ
ǡ ǡ
ȋ
Ȍ
ȋ ǤǤʹͲͳȌǡǡ
ǡ ǡ
ǡ ȋ
ȌȋͺȌǤ
Ǥ
Table 8. Classification of Wetland-Associated Plant Species1
Plant Species Classification Abbreviation2 Probability of Occurring in Wetland
εͻͻΨ
ǦͻͻΨ
͵ͶǦΨ
ͳǦ͵͵Ψ
δͳΨ
ȋ Ȍ
Ǥ
ͳ ǣ ǤǤʹͲͳ
ʹǮΪǯǮȂǯ ǡ ǡ
Ǥ
4.2.1 CANALS
4.2.1.1 HERBACEOUS VEGETATION
ǡǤ
͵ͳ
ǡ
ʹͲͳͻ ʹͲͳͻ
4.2.1.1.1 YEAR 1
ͷͲΨ Ǥ
ǯǤ
4.2.1.1.2 YEAR 3
ͷΨ
ǤȋεͷͲΨ Ȍ
ȋǡ ǡȀ ȌǤ
ǯ
4.2.1.1.3 YEAR 5
ͻͲΨ
ǤȋεͲΨ Ȍ
ȋǡ ǡȀ ȌǤͳͲ
ǯ
4.2.1.2 PLANTED WOODY VEGETATION
ͻǤ Ǥ
͵ʹ
ǡ
ʹͲͳͻ ʹͲͳͻ
Table 9. Plant Health and Vigor Rating System
Health Characteristics Vigor Characteristics
Rating Ψ
Ȁ
Excellent ͶͺͷǦͳͲͲ
ǡ
Healthy ͵ͲǦͺͶ
Ȁ
̶̶ȋǡ
Ȍǡ
Fair ʹ͵ͷǦͷͻ Ȁ
Ȁ
Poor ͳͳǦ͵Ͷ
Ǧ
Dead ͲͲ
Ǧ
ǡ
4.2.1.2.1 YEARS 1-5
ǡͻͲΨ
ǡ
DzdzDz Ǥdz Dzdz
ʹǤȋͻͲΨǡ͵ǤͲȏȐȌǤ
ǡ
ȋͻͲΨȌǡ
ȋȌǡ
Ǥ
͵͵
ǡ
ʹͲͳͻ ʹͲͳͻ
ǡ
ͻͲΨǡ Ǧͳǣͳ ǡ
Ǥ
ǡͻͲΨ
Ǥ
4.2.1.2.2 YEARS 6-8
ǦͺǡͺͲΨ
ǡ Dzdz
Dz Ǥdz DzdzʹǤͶ
ȋͺͲΨǡ͵ǤͲȏȐȌǤ
Ǧͺǡ
ȋͺͲΨȌǡ
ȋȌǡ
Ǥ
Ǧͺǡ
ͺͲΨǡ Ǧͳǣͳ ǡǤ
ǡͺͲΨ
Ǥ
4.2.1.2.3 YEARS 9 AND 10
ͻͳͲǡͷΨ
ǡ Dzdz
Dz Ǥdz DzdzʹǤʹͷ
ȋͷΨǡ͵ǤͲȏȐȌǤ
ͻͳͲǡ
ȋͷΨȌǡ
ȋȌǡ
Ǥ
ǡǦ
ǡ
Ǥ
͵Ͷ
ǡ
ʹͲͳͻ ʹͲͳͻ
ͻͳͲǡ
ͷΨǡ Ǧͳǣͳ ǡǤ
Ǥ ǡ
Ǧ
ǡ
Ǥ
4.2.2 SEASONAL WETLANDS
ǡ
ǤͷǦ
ǡ ǡǡ Ǥ
4.2.2.1 YEAR 1
ͷͲΨ Ǥ
Ǥ
4.2.2.2 YEAR 3
ͷΨ
ȋǡ ǡ ȌǤ
Ǥ
4.2.2.3 YEAR 5
ͻͲΨ
ȋǡ ǡ ȌǤ
Ǥ
4.2.3 INVASIVE SPECIES
ȋǦ ȌǦ
̵Ǣ
ȋǤǤǡ ȌǤ
ǡǡǡ
̵ Ǥ
Ǧ
Ǥ Ǧ
Ǥ Ǧ ȋ
Dz dzDzdzǦ Ȍ ͳͲ Ǥ
͵ͷ
ǡ
ʹͲͳͻ ʹͲͳͻ
4.3 WILDLIFE
Ȁ
Ǣ Ǥ
Ǧǡ
Ǥ ǡ
͵
ǡ
ʹͲͳͻ ʹͲͳͻ
Table 10. Performance Standards Table
ͳʹ͵ͶͷͺͻͳͲ
Hydrology
Ǧͳ
Ǧ
Ǥ
Ȁ
Ǥ
Ǧʹ
Ǥ
Ȁ
ȋεͷͲΨ Ȍ
ǡ ǡȀ
Ǥ
Ȁ
ȋεͲΨ
Ȍǡ
ǡȀ
Ǥ
Ǧ͵
ηͷͲΨ
ηͷΨ
ηͻͲΨ
η͵ ηͷ η
Ǥ
ǡǡ
ͷǦ
Ǥ
ηͷΨ
Dzdz
Dz dzȋ
DzdzʹǤʹͷȌ
ηͻͲΨDzdzDz dzȋDzdz
ʹǤȌ
ηͺͲΨ
DzdzDz dz
ȋDzdz
ʹǤͶȌ
Vegetation
Ȁ͵Ͳ Ǥ
͵Ͳ Ǥ
Category Performance Standard
Establishment Year
Ǧ Ȁ
Ȁ Ǥ
ǡ ǡȀǤ
͵
ǡ
ʹͲͳͻ ʹͲͳͻ
ͳʹ͵ͶͷͺͻͳͲ
Category Performance Standard
Establishment Year
ǦͶ
ηͷͲΨ ηͷΨ ηͻͲΨ
η͵ ηͷ ηͳͲ
Ǧͷ
Ȁ
ǦǤ
Ǧ
Ȁ
Ǥ
Ǧ ȋDz dzDzdzǦ Ȍ ͳͲ Ǥ
ǡ
ǡǡ
ͷǦ
Ǥ
͵ͺ
ǡ
ʹͲͳͻ ʹͲͳͻ
SECTION 5. MONITORING REQUIREMENTS
ͶǤ
Ǥ ǡǡ
Ǥ
5.1 MONITORING METHODS
5.1.1 BIOLOGICAL CONSTRUCTION MONITORING
ǡǡ
ʹǡ
Ǥ
ǡǡ
ǤDzǦdz
ǡ ǡȀ Ǥ Ǧ
ǡ
Ǧ
ǡǡȀ Ǥ
5.1.2 POST-CONSTRUCTION MONITORING
Ǧ
Ǥ ǡǡ
ǡǡǡ
ǡ
Ǥ
5.1.2.1 ASSESSMENT METHODS
5.1.2.1.1 HYDROLOGY
5.1.2.1.1.1 Canals
ǣǦ ǡ
ȀǦ ǡ
Ǥ
͵ͻ
ǡ
ʹͲͳͻ ʹͲͳͻ
ȋ Ȍ ȋǡǡ
ȌǦ Ǥ
ȀǦ
Ǥ
Ǧ ȋ ǡ
ǡ ȌǤ ǡ
ǡ ǡǤ
5.1.2.1.1.2 Seasonal Wetlands
ȀǤ
Ǥ
5.1.2.1.1.3 Final Delineation of Waters of the U.S./State
ǡǤǤȀ
ǡ ǡ ǤǤȀǤ
Ǧ
Ǥ
5.1.2.1.2 VEGETATION
ȋ Ȍ
ǡ
Ǥ
ǡ ǡ ǡ
ǡǡǤ
5.1.2.1.2.1 Species Composition and Cover
Ǧ
ʹ
Ǥ Ǧ
Ǥǡ ȋ
ʹȌǡ
ǤǦ
ͶͲ
ǡ
ʹͲͳͻ ʹͲͳͻ
ǡ
Ǥ
ǡ ǡͳͲͲǦ
Ǣ Ǥ
ǡ
Ǧ
Ǥ
ȋ Ȍ
Ǥǡ
ǡǦǡǦǡ
Ǧ Ǥ
5.1.2.1.2.2 Survival, Health, and Vigor
ǡǡ
Ǥǡǡ
ȋͻȌǤ
ǡ ǡ
ǡǡȀ Ǥ
5.1.2.1.2.3 Invasive Plants
Ǧ
Ǥ Ǧ ȋDz dz
DzdzǦ Ȍ Ǥ
5.1.2.1.3 WILDLIFE
Ǥ
ǡ ǡǤ
5.1.2.2 PHOTO STATIONS
ǡʹǡʹ
ǡ ǡ
ǤǦ
ǡǡ
Ͷͳ
ǡ
ʹͲͳͻ ʹͲͳͻ
ǡ ǡ
ǡ
Ǥ
5.1.2.3 MONITORING PERIOD
ǡǡ
ǡ
Ǥ
ȋͳͲȌǤ
5.1.2.3.1 EXTENSIONS
ȋǤǤǡ ǡ
ȌǤ
Ǧ
Ǥ
5.2. REPORTING
5.2.1 POST-CONSTRUCTION REPORT
Ǧ ȋǦȌǡǡ
Ǥ
ǦǦ ǡǦ
ǡ ǡ
Ǥ
5.2.2 ANNUAL MONITORING REPORT
ǡǡ
͵Ͳ
Ǥ Ǧ
Ǧ ǡǡǡ
Ǧ ǡ Ȁ
ǡ ȋȌ
Ǥ
ǡ
Ǥ
Ͷʹ
ǡ
ʹͲͳͻ ʹͲͳͻ
5.2.3 FINAL MONITORING REPORT
ȋ ͷȌǡ
Ǧ Ǧ
ǡǡǡǦ ǡ
ǡ
Ǥ
ȋ ͳͲȌǡ
Ǧ Ǧ
ǡǡǡǦ ǡ
Ǥ
5.3 CONTINGENCY MEASURES
ǡǡǡ
Ǥ Ǧ
ǡǡǡ
ǡǤ
ȋȌȋȌ ǡ
ǡǡ ǡ Ǥ
ǡǡ
Ǥ
AppendixA
BridgeCrossingExhibits
LEGEND:
PROPOSED OUTER LIMIT OF CHANNEL BUFFER
16' PAVED TRAIL/MAINT. ROAD
PROPOSED CHABOT CHANNEL
PROPOSED 100-YEAR FLOOD ELEVATION
RUSTIC TRAILS
FLOWLINE
ELEVATION
F/L
EL
AppendixB
EnhancementandRestorationPlansforChabotCanalandCanal2
E
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S A E 1 EM E E A A D E E
AS S AS FEAS E
S A E 2 S A EES A D SH S F
S F EA H E SS
EM E E E 1
EM E E E 1
EM E AS HA
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EM E E E1
AppendixC
PlantingPlansforChabotCanalandCanal2
AppendixD
TypicalCrossǦSectionsoftheRestored/EnhancedCanals
LEGEND:
DUBLIN CROSSING PROJECT BOUNDARY
PRESERVE AREA WITH DEED RESTRICTION (CANAL 1 = 1960± LF & 0.35± ACRE SEASONAL WETLANDS, CANAL 2 = 1141± LF & 0.37± ACRE SEASONAL WETLANDS)
AppendixE
DublinCrossingSpecialǦStatusSpeciesAvoidanceandMinimizationMeasures
*AspresentedintheBiologicalAssessmentpreparedfortheDublinCrossingProject
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AppendixF
Boulevard(formerlyDublinCrossing)PermittingǦTimingofActions
ŽƵůĞǀĂƌĚWĞƌŵŝƚƚŝŶŐŽƵůĞǀĂƌĚWĞƌŵŝƚƚŝŶŐŽƵůĞǀĂƌĚWĞƌŵŝƚƚŝŶŐŽƵůĞǀĂƌĚWĞƌŵŝƚƚŝŶŐͲͲͲͲdŝŵŝŶŐdŝŵŝŶŐdŝŵŝŶŐdŝŵŝŶŐŽĨĐƚŝŽŶƐŽĨĐƚŝŽŶƐŽĨĐƚŝŽŶƐŽĨĐƚŝŽŶƐ
Chabot Canal below Horizon
Parkway
•Developer takes ownership 1/4/18 (Ph.3) & 4/16/18
(Ph.4)
•Deed Restriction to be Recorded by Developer Q2/18
•Construction / enhancement planting completed
Q4/2018 (Ph.4)
•Zone 7 process to approve documents:
1st to Zone 7 Board then to Alameda Co. Board of
Supervisors: 3-mo.
•PAR analysis and Endowment in place Q4/2018
•Transfer of Ownership to Zone 7 in 12/2018
•Developer to Maintain and Monitor Establishment of
Habitat from 2018-2028 (10-yr)
Chabot Canal above Horizon
Parkway
•Developer takes ownership 4/16/18 (Ph.4)
•Deed Restriction to be Recorded by Developer Q2/18
•Construction / enhancement planting completed
Q4/2018 (Ph.4)
•Zone 7 process to approve documents:
1st to Zone 7 Board then to Alameda Co. Board of
Supervisors: 3-mo.
•PAR analysis and Endowment in place Q4/2018
•Transfer of Ownership to Zone 7 in 12/2018
•Developer to Maintain and Monitor Establishment of
Habitat from 2018-2028 (10-yr)
Off-site Canal 2
•Developer takes ownership 1/4/18 (Ph.3)
•Deed Restriction to be Recorded by Developer Q1/18
•Construction / enhancement planting completed
• Q3/2018 (Ph.3)
•Zone 7 process to approve documents:
1st to Zone 7 Board then to Alameda Co. Board of
Supervisors: 3-mo.
•PAR analysis and Endowment in place Q3/2018
•Transfer of Ownership to Zone 7 in 12/2018
•Developer to Maintain and Monitor Establishment of
Habitat from 2018-2028 (10-yr)
On-site Canal 2
•Developer takes ownership 4/4/17 (Ph.2)
•Deed Restriction to be Recorded by Developer Q2/17
•Construction / enhancement planting completed
• Q4/2017 (Ph.2)
•Zone 7 process to approve documents:
1st to Zone 7 Board then to Alameda Co. Board of
Supervisors: 3-mo.
•PAR analysis and Endowment in place Q4/2017
•Transfer of Ownership to Zone 7 in 12/2018
•Developer to Maintain and Monitor Establishment of
Habitat from 2018-2028 (10-yr)
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 2020
Appendix B
Long Term Management Plan, Dublin Crossing
LONG-TERM MANAGEMENT PLAN
DUBLIN CROSSING
620 6th Street
Dublin, Alameda, California
USACE File # SP-2012-00103
CIWQS Place ID No. 812873
Date: April 5, 2017
Prepared by:
Johnson Marigot Consulting, LLC
Ms. Sadie McGarvey
88 North Hill Drive, Suite C
Brisbane, California 94005
Prepared for:
Dublin Crossing, LLC
Ms. Trece Herder
4750 Willow Road, Suite 150
Pleasanton, California 94588
DUBLIN CROSSING
LONG-TERM MANAGEMENT PLAN
CONTENTS
SECTION 1. INTRODUCTION .................................................................................................................. 1
1.1 Responsible Parties .................................................................................................................................. 1
1.1.1 Applicant / Permittee ...................................................................................................................... 1
1.1.2 Preparer of the Long-Term Management Plan ...................................................................... 1
1.1.3 Onsite Mitigation Land Owner and Land Manager .............................................................. 2
SECTION 2. LOCATION AND DESCRIPTION RESTORATION AND ENHANCEMENT AREAS ..................... 3
2.1 Surrounding Land Use ............................................................................................................................. 3
SECTION 3. LAND OWNERSHIP, FUNDING, AND LEGAL PROTECTION ..................................................... 6
3.1 Land Owner and Conservator .............................................................................................................. 6
3.2 Existing Easements ................................................................................................................................... 6
3.3 Funding ......................................................................................................................................................... 6
3.4 Legal Protection ...................................................................................................................................... 10
SECTION 4. MONITORING AND MANAGEMENT ...................................................................................... 11
4.1 Personnel................................................................................................................................................... 12
4.1.1 Land Manager ................................................................................................................................. 12
4.1.2 Monitoring Biologist .................................................................................................................... 13
4.2 Methods ..................................................................................................................................................... 13
4.2.1 Establishment of Baseline Conditions................................................................................... 13
4.2.2 General Site Inspections ............................................................................................................. 14
4.2.3 Assessment of Impacts ................................................................................................................ 14
4.2.4 Management .................................................................................................................................... 14
4.2.5 Task Prioritization ........................................................................................................................ 15
4.3 Reporting ................................................................................................................................................... 15
SECTION 5. BIOLOGICAL RESOURCES ..................................................................................................... 16
5.1 Element A.1- Aquatic Resources ...................................................................................................... 16
5.2 Element A.2- Vegetation ...................................................................................................................... 17
5.2.1 Seasonal Wetland and Riparian Vegetation ........................................................................ 17
5.2.3 Non-Native Invasive Species ..................................................................................................... 18
SECTION 6. SECURITY, SAFETY, AND PUBLIC ACCESS ........................................................................... 20
6.1 Element B.1 - Public Access ................................................................................................................ 20
6.2 Element B.2 - Trash and trespass .................................................................................................... 21
6.3 Element B.3 - Fire Hazard Reduction ............................................................................................. 21
6.4 Element B.4 - Emergencies ................................................................................................................. 21
SECTION 7. PROHIBITED ACTIVITIES .................................................................................................... 23
SECTION 8. TRANSFER, REPLACEMENT, AMENDMENTS, AND NOTICES ......................................... 25
8.1 Transfer ..................................................................................................................................................... 25
8.2 Replacement............................................................................................................................................. 25
8.3 Amendments ............................................................................................................................................ 25
8.4 Notices ........................................................................................................................................................ 25
LIST OF FIGURES
Figure 1. Project Site and Vicinity Map
Figure 2. Restoration and Enhancement Areas Map
LIST OF TABLES
Table 1. Site Management and Monitoring Activities, Level of Effort, Frequency and Cost
LIST OF APPENDICES
Appendix A. Deed Restriction Template
Appendix B. Dublin Crossing City Easement Area Exhibit
Appendix C. Baseline Condition Report and As-Built Map (Current Proposed Plans, to be
replaced upon completion of success monitoring)
Dublin Crossing1 Johnson Marigot Consulting, LLC
Long-Term Management Plan April 2017
SECTION 1. INTRODUCTION
This Long-Term Management Plan (LTMP) has been established as part of compensatory
mitigation for unavoidable impacts to waters of the U.S. associated with the Dublin
Crossing Project, and to conserve and to protect aquatic resources with the restored,
enhanced, and protected areas within the Dublin Crossing Project site (“Restoration and
Enhancement Areas”). Aquatic resources within the Restoration and Enhancement Areas
will include a minimum of 0.70 acre of seasonal wetlands and 3,314 linear feet of other
waters of the U.S./State.
This LTMP has been prepared to ensure the proposed mitigation is managed, monitored,
and maintained in perpetuity. This LTMP establishes objectives, priorities and tasks to
monitor, manage, maintain, and report on the aquatic resources within the Restoration and
Enhancement Areas. This LTMP is a binding and enforceable instrument, implemented by
a deed restriction covering the Restoration and Enhancement Areas. This LTMP covers the
1960 linear feet of restored and enhanced canals and 0.34 acre of created seasonal wetland
within the 5.47-acre Chabot Canal (aka, “Canal 1”) Restoration and Enhancement Area and
the 1354 linear feet of restored and enhanced canals and 0.36 acre of created seasonal
wetland within the 0.42-acre Canal 2 Restoration Area and the 2.03-acre Canal 2
Enhancement Area (totaling 7.92 acres and collectively referred to as the Restoration and
Enhancement Areas).
A separate Mitigation and Monitoring Plan (MMP) has been prepared for the wetlands and
canals that are being created, enhanced, and restored in association with the Dublin
Crossing Project. The MMP is being submitted to the Corps, RWQCB, and CDFW
concurrently with this LTMP for review and approval.
1.1 RESPONSIBLE PARTIES
1.1.1 APPLICANT / PERMITTEE
Dublin Crossing, LLC
Ms. Trece Herder
4750 Willow Road, Suite 150
Pleasanton, California 94588
1.1.2 PREPARER OF THE LONG-TERM MANAGEMENT PLAN
Johnson Marigot Consulting, LLC
88 North Hill Drive, Suite C
Brisbane, CA 94005
Dublin Crossing2 Johnson Marigot Consulting, LLC
Long-Term Management Plan April 2017
Contact: Cameron Johnson, Principal
(415) 602-2970
1.1.3 ONSITE MITIGATION LAND OWNER AND LAND MANAGER
Zone 7 Water Agency
100 North Canyons Parkway
Livermore, CA 94551
Contact: Carol Mahoney, Manager of Integrated Water Resources
(925) 454-5064
Dublin Crossing3 Johnson Marigot Consulting, LLC
Long-Term Management Plan April 2017
SECTION 2. LOCATION AND DESCRIPTION RESTORATION AND
ENHANCEMENT AREAS
The approximately 157.6-acre Dublin Crossing development project site (wherein the
Restoration and Enhancement Areas are located) is located within the 2,484-acre Parks
Reserve Forces Training Area (Camp Parks) in the City of Dublin, Alameda County,
California. The project site is located approximately 1.0 mile northeast of the interchange of
Interstate Highways 580 and 680, immediately north of Dublin Boulevard and northeast of
the Iron Horse Regional Trail (Figure 1).
Two canals transect the Dublin Crossing development project site, flowing roughly
northeast to southwest through the center (Chabot Canal) and southeast corner (Canal 2)
of the development project site. The northernmost segment of Canal 2 occurs outside the
development project boundary, but a portion of the canal occurs within the development
project envelope, and impacts and the associated restoration will occur within the Canal 2
Restoration Area. Both canals are channelized and highly disturbed, partially concrete-
lined and partially rip-rap enforced. The restoration, enhancement, and creation of
seasonal wetlands within these canals, described in detail in the MMP, will restore the
natural form and function of these features, and improve the functions and services they
provide through the recontouring and revegetating of the banks via the implementation of
a riparian and wetland planting plan (Figure 2).
2.1 SURROUNDING LAND USE
The greater Dublin area has experienced significant growth since its incorporation in 1982
(approximately 93% since 1990; 46% since 2000), with much of the resulting residential
and commercial development focused in the vicinity of the project site and eastward.
Immediately surrounding Camp Parks, intensive residential development has occurred and
continues to expand along Tassajara Road and Camino Tassajara to the northeast, Bollinger
Canyon Road and Windermere Parkway to the north, and Dublin Boulevard to the
southeast. Currently much of the area surrounding the project site, as well as the larger
Camp Parks site, is largely developed lands under relatively dense residential and/or
commercial use.
Dublin Crossing4 Johnson Marigot Consulting, LLC
Long-Term Management Plan April 2017
Figure 1. Project Site and Vicinity Map
LEGEND:
DUBLIN CROSSING PROJECT BOUNDARY
PRESERVE AREA WITH DEED RESTRICTION (CANAL 1 = 1960± LF & 0.35± ACRE SEASONAL WETLANDS, CANAL 2 = 1354± LF & 0.37± ACRE SEASONAL WETLANDS)
ʹǤ
Dublin Crossing6 Johnson Marigot Consulting, LLC
Long-Term Management Plan April 2017
SECTION 3. LAND OWNERSHIP, FUNDING, AND LEGAL PROTECTION
3.1 LAND OWNER AND CONSERVATOR
It is anticipated that the Restoration and Enhancement Areas will be owned by the Zone 7
Water Agency (Zone 7), the public agency which will also act as Land Manager in
accordance with this LTMP. Zone 7 will also act as the Land Conservator in accordance with
the terms and conditions defined in this Management Pan, and the terms defined in the
Deed Restriction for the Restoration and Enhancement Areas. As Land Conservator, Zone 7
will be responsible for the conservation of the Restoration and Enhancement Areas to meet
conservation goals. The Restoration and Enhancement Areas will be encumbered with a
deed restriction, recorded with the County of Alameda, to run with the land in perpetuity.
The deed restriction will limit land uses and management of the Restoration and
Enhancement Areas to ensure protection of the biotic resources (i.e. protect conservation
values). A copy of the deed restriction template is included as Appendix A.
3.2 EXISTING EASEMENTS
Due to the proximity of the Restoration and Enhancement Areas to a City-owned park and
adjacent residential and commercial uses, an easement will be granted to the City of Dublin
to allow for access through a section of the Restoration and Enhancement Areas for active
maintenance activities (generally including clean-up, abatement of garbage, and
maintenance of infrastructure), as well as emergency ingress and egress. This easement
will be recorded on Chabot Canal between Horizon Parkway and Scarlett Drive (Appendix
B). Maintenance activities are described below.
3.3 FUNDING
An adequate funding mechanism will be in place to pay for the long-term management and
monitoring obligations of the Land Manager prior to Project-related discharges into waters
of the U.S. Table 1 summarizes the anticipated costs of long-term management for the
Restoration and Enhancement Areas. These costs include estimates of time and funding
needed to conduct and coordinate basic monitoring site surveys and reporting, weed
abatement, trash removal, and infrastructure repair. As the Restoration and Enhancement
Areas are completely surrounded by residential and municipal uses, the majority of the
expected long-term maintenance costs are related to clean-up and monitoring activities –
there are no projected significant costs related to installation and maintenance of fencing.
In addition, although it is not reflected in this document, the City of Dublin is expected to
contribute directly to maintenance activities within the Restoration and Enhancement
Areas, primarily related to clean-up and abatement of garbage, and maintenance of
established trails.
Dublin Crossing7 Johnson Marigot Consulting, LLC
Long-Term Management Plan April 2017
The total annual cost for required tasks has been estimated to be approximately $20,615
for the first three years of long-term monitoring and management (wherein annual
reporting is required) and $18,255 for Monitoring Year 4 and beyond (wherein required
reporting reduces to every three years). An additional 15% fee has been added to these
totals for administrative fees. Accordingly, the total required annual funding is anticipated
to be $23,707 for the first three years of long-term monitoring and management and
$20,993 for Monitoring Year 4 and beyond.
The applicant and Zone 7 Water Agency, are proposing to fund the operations and
maintenance through monies deposited into an endowment account. It is expected that the
capitalization of the endowment account balance (capitalization and principal) will reach
an amount that will fully fund the annual operations and maintenance via endowment
returns. At an average annual funding rate of $21,000, and a projected 3.5% return rate, the
total endowment amount required will be $600,000.
Zone 7 will hold the endowment principal and interest monies required in a Special
Deposit Fund, and will only draw from the interest (or investment returns) (i.e., the
endowment fund will be a non-wasting account capable of producing minimum returns to
fund the long-term management, enhancement, and monitoring activities for the
Restoration and Enhancement Areas in a manner consistent with this LTMP). The
additional maintenance that will be performed by the City (trash removal) has already
been funded through a cash endowment that the project is required to fund for park
maintenance through its Development Agreement.
Description Staff Level of Effort Cost per Unit
Cost per
Task Schedule Annual
Cost
Prepare required documentation for
submittal to permitting agencies Monitoring Biologist 32 hours $135/hour $4,320
Annually; due
August 15 $4,320
Review monitoring reports, prescribe LTMP
alterations based on data collected, Agency
coordination
Land Manager 4 hours $150/hour $600
Annually; due
August 15 $600
Prepare required documentation for
submittal to permitting agencies Monitoring Biologist 48 hours $135/hour $6,480
Every 3 Years;
due August 15 $2,160
Review monitoring reports, prescribe LTMP
alterations based on data collected, Agency
coordination
Monitoring Biologist 8 hours $150/hour $1,200
Every 3 Years;
due August 15 $400
Walking survey: documentation of
erosion/sedimentation/debris, photo-
documentation
Monitoring Biologist 4 hours $135/hour $540
Biannual (Wet
Season/ Dry
Season)
$1,080
Monitor Wetland Vegetatio
Walking survey: documentation of
plants/wildlife quantity and composition,
photo-documentation
Monitoring Biologist 2 hours $135/hour $270
Biannual (Wet
Season/ Dry
Season)
$540
Walking survey: documentation of
plants/wildlife quantity and composition,
photo-documentation
Monitoring Biologist 2 hours $135/hour $270
Biannual (Wet
Season/ Dry
Season)
$540
Hand labor Contract Manual Labor 16 hours $100/hour $1,600 Annually $1,600
Walking survey: documentation and
mapping of invasive species vegetative
cover, research appropriate methods for
removal, photodocumentation
Monitoring Biologist 4 hour $135/hour $540
Biannual (Wet
Season/ Dry
Season)
$1,080
Hand labor/Mowing Contract Manual Labor 32 hours $100/hour $3,200 Annually $3,200
Pre-mowing nesting bird survey: inspect all
suitable nesting habitat to be directly or
indirectly impacted by mowing, set up non-
disturbance buffer if necessary
Monitoring Biologist 6 hours $135/hour $810
Once Every 3
Years $270
Weed/Thatch Removal
Monitor Riparian
Vegetation
Tree/Shrub Pruning
Monitor Invasive Species
Element A.2 - Vegetation
Table 1. Site Management and Monitoring Activities, Level of Effort, Frequency and Cost.
General Site Management &
Monitoring Activities
Element A.1 - Aquatic Resources
Monitor Aquatic
Resources
Reporting *broken into two sections based on monitoring year
Long-term Monitoring
Years 4+
Long-term Monitoring
Years 1-3
Walking survey: assess condition of signs,
coordinate necessary repairs or replacement Land Manager 2 hours $150/hour $300 Annually $300
Walking survey: assess condition of barriers
to entry (plants/infrastructure), coordinate
necessary repairs or replacement
Land Manager 2 hours $150/hour $300 Annually $300
Walking survey: document trash location
and extent, coordinate with City of Dublin
for removal efforts
Land Manager 2 hours $150/hour $300 Monthly $3,600
Walking survey: document signs of
tresspass, coordinate with City of Dublin for
remedial efforts
Land Manager 2 hours $150/hour $300 Annually $300
Hand labor/Mowing Contract Manual Labor 24 hours $100/hour $2,400 Late Spring $400
Pre-mowing nesting bird survey: inspect all
suitable nesting habitat to be directly or
indirectly impacted by mowing, set up non-
disturbance buffer if necessary
Monitoring Biologist 6 hours $135/hour $810 Yearly $810
Signs 1 Sign $200/sign $200 Annually $200
Sign Removal and Installation Land Manager 2 hours $150/hour $300 Annually $300
Shrubs/Trees/Seeds 1 Tree $50/tree $50 Late Fall $50
3 Shrubs $25/shrub $75 Late Fall $75
5 lbs of Seed $50/lb $250 Late Fall $250
Plant Removal and Installation Contract Manual Labor 8 hours $100/hour $800 Late Spring $800
$20,615
$3,092
$23,707
$18,255
$2,738
$20,993Total Annual Cost for Monitoring Years 4+
Total Annual Cost for Monitoring Years 1-3
Subtotal for Monitoring Years 4+
Zone 7 Administration 15%
Zone 7 Administration 15%
Subtotal for Monitoring Years 1-3
Trash
Trespass
Element B.1 - Public Access
Maintenance of Signs
Maintenance of Barriers
to Entry
Element B.2 - Trash and Trespass
Replacement Time and Materials
Signs
Element B.3 - Fire Hazard Reduction
Fuel Removal
Planting Material
Dublin Crossing10 Johnson Marigot Consulting, LLC
Long-Term Management Plan April 2017
3.4 LEGAL PROTECTION
The restored and enhanced canals (including the created wetlands) will be set aside and
protected by recorded deed restriction with the goal of keeping the canals and the aquatic
resources therein in a condition that preserves their significant biological, hydrologic, and
topographic features, as much as is reasonably possible, for the benefit of the land and for
public enjoyment. The deed restrictions will be recorded with Alameda County, and will
run with the land in perpetuity. The deed restrictions will limit land uses and management
of the Restoration and Enhancement Areas to ensure protection of the biotic resources (i.e.
protect conservation values). A copy of the Deed Restriction template is included in
Appendix A.
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SECTION 4. MONITORING AND MANAGEMENT
The overall goal of long-term management of the Restoration and Enhancement Areas is to
foster the long-term viability of the site’s aquatic resources and restored riparian habitat.
Routine monitoring and maintenance tasks are intended to assure the viability of the
mitigation in perpetuity. The approach to the long-term management of the site’s biological
resources is to conduct biannual site evaluations and monitoring of selected characteristics
to determine the stability and ongoing trends of the restored and enhanced aquatic
resources. While it is not anticipated that major management actions will be required, one
objective of long-term management is to identify any issues that arise and use adaptive
management to determine what actions might be appropriate.
“Adaptive Management” is an approach to natural resource management which
incorporates changes to management practices based on site-specific information gathered
over time in association with the development of new management technologies and
practices. This approach will allow the Land Manager to make changes to standard
management techniques/practices to support specific land management goals for the
Restoration and Enhancement Areas. Adaptive management may also include those
activities necessary to address the effects of climate change, fire, flood, or other natural
events, force majeure, etc.
Before considering any adaptive management changes to the long-term management plan,
the Land Manager will consider whether such actions will help ensure the continued
viability of Restoration and Enhancement Areas’ biological, hydrological, and physical
resources, and whether the changes support the goal of maintaining (or improving upon)
the established baseline condition. Any adaptive management that significantly changes the
overall land management goal or deviates from the Baseline Condition (see Section 4.2.1,
below), must be conducted in conjunction with consultation with the agencies overseeing
the required mitigation in the Restoration and Enhancement Areas (USACE, RWQCB, and
CDFW) (permitting agencies).
The Land Manager will manage the Restoration and Enhancement Areas so that they
continue to provide the suite of physical, chemical, and biological functions associated with
the restored, enhanced, and created aquatic resources and vegetation. All monitoring and
survey activities are intended to inform the Land Manager and the permitting agencies on
the on-going status of the Restoration and Enhancement Areas, to inform whether
management goals are being met, whether management activities need to be modified, and
to report on on-going costs associated with management.
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4.1 PERSONNEL
The Land Conservator and Manager, Monitoring Biologist, and/or other qualified personnel
are the primary personnel that will cooperatively oversee, monitor, and coordinate the
maintenance of the Restoration and Enhancement Areas. These entities will work together
to accomplish the management of the Restoration and Enhancement Areas by performing
their individual duties (outlined herein) and exchanging information. These roles are
outlined below; all positions are expected to be filled by Zone 7 personnel or its designates.
4.1.1 LAND MANAGER
It is anticipated that the Restoration and Enhancement Areas will be managed by Zone 7
pursuant to this LTMP. It is the Land Manager’s duty to implement this LTMP, managing
and monitoring the Restoration and Enhancement Areas in perpetuity to preserve their
habitat and conservation values in accordance with the deed restriction.
The Land Manager is intended to be the primary responsible party for all aspects of land
management pursuant to this LTMP, and will coordinate with the City of Dublin, the
Monitoring Biologist, and the Regulatory Agencies as necessary to meet management goals.
The Land Manager will act as the primary point of contact regarding the Restoration and
Enhancement Areas and their management, and will provide the qualifications of all
management parties, including the Land Manager, designated Monitoring Biologist(s), and
any other parties employed for purposes of monitoring or management to the permitting
agencies.
The Land Manager will maintain a file for all monitoring, maintenance, and management
information for the Restoration and Enhancement Areas. This file will include a record of
all management and maintenance-related activities, correspondence, and biological
determinations regarding the Restoration and Enhancement Areas, in addition to a copy of
the Deed Restriction and the most updated version of the LTMP.
Long-term management tasks will include, but not be limited to, the following:
x Biannual Monitoring
- Biological baseline monitoring
- Vegetation monitoring
- Habitat function and value monitoring
x Active management to meet Management Goals
- Invasive plant/animal management
- Fire (fuel) management
- Maintenance of infrastructure/signage
- Garbage removal/vandalism
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- Sedimentation/erosion
- Infrastructure maintenance
x Corrective action to ensure the performance of habitats within the Restoration and
Enhancement Areas
x Other responsibilities identified in the Baseline Condition report
4.1.2 MONITORING BIOLOGIST
The Land Manager will coordinate biannual monitoring surveys of the site, to be conducted
by a qualified biological monitor (Monitoring Biologist). The Monitoring Biologist will have
the knowledge, training, and experience to accomplish monitoring responsibilities. The
Monitoring Biologist will collect and review monitoring data and coordinate with the Land
Manager to determine appropriate management actions.
Monitoring Biologist tasks will include, but not limited to, the following:
x Conduct site surveys to evaluate general site conditions
• Conduct aquatic resource assessment
• Conduct native and invasive vegetation assessment
• Recommend remedial action to the Land Manager
• Prepare reports required by this LTMP
• Assist in reviewing or planning restoration activities
4.2 METHODS
4.2.1 ESTABLISHMENT OF BASELINE CONDITIONS
At the end of the 10-year success monitoring period, a detailed report outlining the
condition of the Restoration and Enhancement Areas will be prepared. In addition to a
qualitative discussion of general site conditions, this report will include the post-
restoration/enhancement confirmed jurisdictional determination map (to be prepared
prior to agency sign-off on the mitigation project), vegetation map showing distribution of
vegetation types, and an outline of management recommendations based on the data and
observations collected during the 10 years of success monitoring. The success monitoring
described in the MMP and the preparation of a Baseline Conditions Report is the
responsibility of the applicant and not the responsibility of the Land Manager.
An As-Built map will be prepared to document the location of installed structures and
activity areas (as approved by the agencies). The As-Built map will include the following:
location of all bridges (vehicle and pedestrian), trails, access roads, access control
structures (fences, gates, bollards, etc.), Zone 7 access ramps, and any other structures or
activity areas that have been located within the limits of the Restoration and Enhancement
Areas.
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The Baseline Conditions Report and as-built map will be placed into Appendix C of this
LTMP prior to transfer of the Restoration and Enhancement Areas to Zone 7. The current
proposed plans have been included in Appendix C for reference, but will be replaced with
the above referenced report/maps.
These site conditions, present within the Restoration and Enhancement Areas at the time of
agency and Zone 7 sign-off, will serve as baseline data for the maintenance and monitoring
efforts outlined in this LTMP. The Land Manager will, at a minimum, commit to
maintenance of the baseline conditions, but will endeavor to improve site conditions
beyond existing conditions when practicable.
4.2.2 GENERAL SITE INSPECTIONS
At least two annual site surveys will be conducted to ensure the integrity of the Restoration
and Enhancement Areas. The entire perimeter of the Restoration and Enhancement Areas
will be inspected, and meandering transects will be walked through its interior; each
created wetland will also be inspected during each site visit. During each site visit,
photographs will be taken from the photo points established during the success monitoring
period and other locations throughout the Restoration and Enhancement Areas that
document current site conditions. General topographic conditions, hydrology, erosion, and
vegetation cover and composition (including invasive species) will be noted, evaluated, and
mapped during site examinations. General maintenance needs, trash accumulation, and
vandalism will also be noted during these surveys. Site surveys will be conducted once in
the wet season (roughly October through April) and once in the dry season (roughly May
through September). Site conditions observed during site surveys will be compared to
baseline conditions to determine the need for maintenance and/or remediation.
4.2.3 ASSESSMENT OF IMPACTS
The Land Manager, Monitoring Biologist, and/or other qualified personnel, will assess any
impacts to the Restoration and Enhancement Areas observed during site surveys. Through
this assessment, it will be determined if immediate remediation is warranted, or if further
monitoring of the impact should be conducted. If impacts to the Restoration and
Enhancement Areas are observed, more frequent inspections will be conducted in order to
more closely track the impact and/or ensure that remedial actions are effective. Corrective
actions may range from agency enforcement against persons responsible, to simple
removal of the source of impact (or the removal of material directly), to no action at all.
4.2.4 MANAGEMENT
Minor corrective measures not requiring notification or approval from permitting agencies
will be carried out by the Land Manager within 60 days of initial documentation, unless site
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conditions warrant delay (e.g., saturated soil conditions could reduce ability to make minor
repairs, as such, it may be necessary to delay work until conditions improve). For larger
corrective measures, requiring notification or approval from permitting agencies, the Land
Manager will commence coordination with permitting agencies regarding necessary
actions within 30 days of initial documentation. Significant impacts that require restorative
grading followed by replanting will require approval of a restoration plan by the permitting
agencies prior to implementation.
4.2.5 TASK PRIORITIZATION
If new tasks or unforeseen circumstances are added to this LTMP in the future,
prioritization of tasks (including tasks resulting from new requirements) may be
necessary. The Land Manager will review task priorities and funding availability to
determine which tasks will be implemented within a given year. In general, tasks are
prioritized in this order: 1) required by a local, state, or federal agency; 2) tasks necessary
to maintain or remediate habitat quality; and 3) tasks that monitor resources, particularly
if past monitoring has not shown downward trends. Equipment and materials necessary to
implement high priority tasks will also be considered priorities. Final determination of task
priorities in any given year where there may be insufficient funding for all tasks will be
determined in consultation with the permitting agencies.
4.3 REPORTING
In order to document monitoring and maintenance techniques and findings, annual
summary reports will be prepared and submitted for the first three years following the
success monitoring period (and following agency release of success criteria). Upon
establishment of the successful baseline condition (sign-off of completed mitigation by
agencies), the transfer of all maintenance duties and responsibilities from the applicant to
the Land Manager will be completed. After the three years of annual reporting have been
completed, reporting will be reduced to once every three years. Reports will be completed
and circulated to the permitting agencies and other parties by August 15 of each year.
Reports will include the following components:
x An overview of monitoring techniques and results
x A comparison of qualitative and quantitative data taken during the monitoring period
to baseline conditions and previous years
x Photographs taken from photo stations and other locations that document the existing
conditions of the Restoration and Enhancement Areas and their biological resources
x Management recommendations
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SECTION 5. BIOLOGICAL RESOURCES
The 7.92 acres within the Restoration and Enhancement Areas include 3,314 linear feet of
enhanced and restored canal, supporting the same linear footage of other waters and 0.70
acre of created seasonal wetland, will collectively provide high-quality habitat for a number
of plant and animal species. Biological monitoring of the Restoration and Enhancement
Areas will occur in order to ensure that restored, enhanced, and created habitats continue
to have appropriate vegetation composition and hydrology, to monitor the impact of
anthropogenic influences, and to document natural successional changes to the Restoration
and Enhancement Areas (e.g., recruitment of new plant species, alterations in channel
sinuosity, etc.).
As this plan lays out the long-term goals and management efforts for biological resources
within the Restoration and Enhancement Areas, it is important to consider the natural
processes that will impact these resources over time. It is likely that over time the sinuosity
of the low-flow channel in the creek and canal will change, as allowed, within the confines
of the banks. Similarly, over time, sediment transport within the creek and canal may cause
minor changes in the location and size of the wetland features. In the absence of major
erosion/aggradation that would lead to a decline in the biological functions and services of
the Restoration and Enhancement Areas, or pose a safety hazard, these natural processes
will be documented and allowed to proceed unimpeded.
5.1 ELEMENT A.1- AQUATIC RESOURCES
Objective: Monitor, conserve, and maintain the mitigation site’s aquatic resources.
The creek channel, created wetlands, and riparian habitat present throughout the
Restoration and Enhancement Areas has been restored, enhanced, and/or created to the
benefit of the local watershed and biotic community, and has been designed to support a
variety of native plants and animals. The aquatic resources within the Restoration and
Enhancement Areas will be monitored and maintained to preserve conservation value and
function, as established by baseline conditions. The main sources of potential impacts to
aquatic resources within the Restoration and Enhancement Areas have been identified as
erosion, sediment input, and debris accumulation within the restored and enhanced
channels due to storm events and trespass.
Tasks:
x Each site survey will include a qualitative assessment of general hydrological condition,
potential sources of pollutants that could impact water quality (e.g., oil/grease spills,
loose soil that could be washed into the waterways), and potential or observed erosion
in the form of headcuts, knickpoints, and/or erosional gullies and rilling. If erosion is
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observed, the Monitoring Biologist will determine the extent to which the erosion is
likely to impact the Restoration and Enhancement Areas in an average rain year, and
what management actions are necessary, if any.
x Minor erosion should be corrected promptly with minor grading and reseeding with
native hydroseed mixes, use of straw wattles, erosion control blankets, and other
erosion control methods. Severe erosion control efforts may, on occasion, be necessary;
in cases where these efforts trigger permitting requirements, the Land Manager will be
required to attain regulatory permits.
x When insufficiently managed, the flow of landscaping and storm water runoff from
adjacent roadways and development can adversely impact the health of riparian
plantings. When possible, the Land Manager will work to re-direct these nuisance flows
such that natural hydrology can be restored.
x Obstacles that may diminish the canals’ ability to convey stormwater flows will either
be removed immediately, or arrangements will be made to remove said obstacles as
soon as is feasible.
5.2 ELEMENT A.2- VEGETATION
Vegetation management will be conducted in light of baseline conditions of the Restoration
and Enhancement Areas. Accordingly, vegetation will be managed to maintain the
conservation value of the Restoration and Enhancement Areas, based on site conditions
and data acquired through monitoring.
5.2.1 SEASONAL WETLAND AND RIPARIAN VEGETATION
Objective: Monitor and manage vegetation to ensure continued survival of riparian habitat
and seasonal wetland conditions throughout the Restoration and Enhancement Areas.
Seasonal wetland and riparian communities occurring within the Restoration and
Enhancement Areas may provide suitable habitat for various common and special-status
plant and wildlife species. The riparian buffer and linear wetland features also protect the
channel from siltation and runoff as well as erosive flows. As such, it is important to
maintain sufficient and appropriate seasonal wetland and riparian vegetative quality and
cover to provide necessary ecological and structural stability within the Restoration and
Enhancement Areas.
Tasks:
x Each site survey will include a qualitative assessment (visual estimate of cover,
composition, and health) of riparian vegetation. Additional actions deemed necessary to
maintain the diversity and heath of riparian vegetation will be evaluated and
prioritized.
x If any of the native trees within the Restoration and Enhancement Areas become
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diseased and are a threat to other trees, removal will be allowed upon receipt of
appropriate approvals from permitting agencies. Suitable mitigation for tree removal
will be prescribed, approved by permitting agencies, and implemented by the
Monitoring Biologist.
x Landscaping that is adjacent to the restored and enhanced canals may have adverse
effects on vegetation within the Restoration and Enhancement Areas. For example, if
hydroperiod is artificially extended (e.g., by runoff from landscaping), the seasonality of
the wetland vegetation and riparian vegetation may be effected, which could in turn
affect the wetlands’ and riparian buffer’s ability to intercept flashy flows. Similarly,
runoff from up-slope and/or upstream development projects may have the effect of
altering the timing and volume of discharge of water which may alter the vegetative
composition. The Land Manager will make reasonable efforts to control the effects of
adjacent land uses on the Restoration and Enhancement Areas by controlling buffer
space where possible, and by controlling runoff into Restoration and Enhancement
Areas where it does not support the management goals. The Land manager will
coordinate these efforts with the City of Dublin.
5.2.3 NON-NATIVE INVASIVE SPECIES
Objective: Monitor and maintain control over non-native invasive species that diminish site
quality.
Invasive species threaten the diversity and abundance of native species through
competition for resources, predation, parasitism, interbreeding with native populations,
transmitting diseases, or causing physical or chemical changes to the invaded habitat. Prior
to restoration and enhancement efforts, portions of the Restoration and Enhancement
Areas have been dominated by a number of invasive species, some of which have become
naturalized. Although the creeks will have been reconstructed and revegetated, it is likely
that at some point, invasive species will disperse to the Restoration and Enhancement
Areas, threatening the conservation values of the Restoration and Enhancement Areas.
The California Invasive Plant Council (Cal-IPC) has prepared a list of non-native invasive
plants that threaten the state's wildlands and categorized these species based on an
assessment of the ecological impacts of each plant (i.e., the California Invasive Plant
Inventory). The California Invasive Plant Inventory (Cal-IPC Inventory) categorizes plants
as High, Moderate, or Limited, reflecting the level of each species' negative ecological
impact in California. The Land Manager will consult the Cal-IPC Inventory for guidance on
what species may threaten the site, and, as recommended by the Cal-IPC, focus efforts on
early detection of invasive species as the most effect management approach to effectively
eradicate invasive plant populations when they are small.
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In addition to the Cal-IPC Inventory, the University of California Statewide Integrated Pest
Management Program (UC-IPM) provides a comprehensive list of and
treatment/management prescriptions for invasive species. The Land Manager will consult
this program for guidance on removal and management of invasive species, and these
Integrated Pest Management (IPM) techniques (biological, mechanical, chemical, and
combinations of these techniques) will be implemented as deemed necessary.
Tasks:
x Each site survey will include a qualitative assessment (e.g. visual estimate of cover) of
potential or observed noxious weeds or other non-native species invasions. The
Biological Monitor will evaluate the presence of invasive plant species during site
surveys and recommend removal as necessary. Species management requires
knowledge of the biology of the species, the available methods for controlling them, and
the secondary effects of these methods; removal may be accomplished by hand,
mechanical means, or restricted use of herbicides, as recommended by Cal-IPC and UC-
IPM.
x Thatch and non-native plant removal will be conducted at least once every three years.
Mowing is an appropriate method of thatch removal in smaller open spaces. To be
effective, cut material must be removed from the site after mowing is complete. When
possible, mowing should be scheduled in coordination with invasive species control. To
reduce the introduction of invasive plants by incidental transport of seed materials, all
mowing equipment must be inspected and cleaned prior to entry into the open space. If
mowing is to occur during the nesting season, a nesting bird survey will be conducted
and survey notes/results will be included in the reports submitted to the permitting
agencies. If nests are observed within the areas to be mowed, or in close proximity (50
feet for passerines and 200 feet for raptors) to the areas to be mowed, a non-
disturbance buffer will be established by a qualified biologist, wherein mowing will not
occur until the nestlings have fledged. If no nests are observed within the areas to be
mowed, or in close proximity (50 feet) to the areas to be mowed, mowing may proceed.
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SECTION 6. SECURITY, SAFETY, AND PUBLIC ACCESS
6.1 ELEMENT B.1 - PUBLIC ACCESS
Objective: Provide for safe, low-intensity public access and enjoyment of the Restoration
and Enhancement Areas, while protecting aquatic resources and restored/enhanced
habitat.
While natural spaces have a positive impact on the public, human use of parks and
preserves can often be detrimental to the environment, resulting in negative impacts such
as trampled vegetation, presence of trash and pet feces, and negative visitor/wildlife
interactions. As such, the Restoration and Enhancement Areas have been designed in such
a way as to direct public access within the Restoration and Enhancement Areas to the
footbridges that cross Chabot Canal (and associated trails that provide connectivity from
one side of the creek to the other) at the three locations depicted in Figure 2. Designated
trails traversing (footbridge access trails) and adjacent to the Restoration and
Enhancement Areas are intended for passive recreational uses including biking, walking,
and birding. Off-trail pedestrian access within the Restoration and Enhancement Areas will
be discouraged through signage, strategically placed plantings, outreach activities, and
education of residents. Access to the Restoration and Enhancement Areas for maintenance
activities is allowed, but should be restricted to the immediate area where maintenance is
occurring. Access to the Restoration and Enhancement Areas for emergency or law
enforcement situations, by medical, fire, or law enforcement personnel/vehicles is allowed.
Tasks:
x While the Restoration and Enhancement Areas will not be fenced, the location of
plantings will function as deterrents to public access throughout the Restoration and
Enhancement Areas. Access-control plantings/structures will be maintained in good
working condition.
x Signage will be installed at all entry points and various areas along the Restoration and
Enhancement Areas boundaries to inform the public of the presence and nature of the
Restoration and Enhancement Areas. These signs will be placed in highly visible
locations as determined by the Land Manager. The developer is responsible for the
initial cost of installing signage; the Land Manager will be responsible for the
maintenance and replacement of the signage.
x Public access to portions of the Restoration and Enhancement Areas beyond the
footbridges and associated designated trails will be limited to planned and escorted
education and restoration efforts, to be coordinated by the Land Manager. This limited
access does not apply to the City of Dublin’s right to inspect and maintain bridges.
x If any of the native trees within the Restoration and Enhancement Areas become a
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threat to public safety, private property, or authorized access, removal will be allowed
upon receipt of appropriate approvals from the appropriate permitting agencies.
Suitable mitigation for tree removal, if necessary, will be prescribed, approved by
permitting agencies, and implemented by the Monitoring Biologist.
6.2 ELEMENT B.2 - TRASH AND TRESPASS
Objective: Monitor sources of trash and trespass. Coordinate trash removal and vandalism
cleanup.
Tasks:
x During each site visit, incidents of trash and/or trespass will be recorded, including
type, location, and management mitigation recommendations to avoid, minimize, or
rectify a trash and/or trespass impact.
x Trash will be removed from the Restoration and Enhancement Areas periodically, as
directed by the Land Manager.
x If any problems associated with trespass are observed, adaptive management actions
will be implemented. This management may range from additional plantings at access
points to the installation of fencing to deter trespass.
6.3 ELEMENT B.3 - FIRE HAZARD REDUCTION
Objective: Maintain the site as required for fire control while limiting impacts to biological
values.
Tasks:
x Potential wildfire fuels will be reduced as needed by mowing in areas where approved
by the permitting agencies. If mowing is to occur during the nesting season, a nesting
bird survey will be conducted and survey notes/results will be included in the reports
submitted to the permitting agencies. If nests are observed within the areas to be
mowed, or in close proximity (50 feet for passerines and 200 feet for raptors) to the
areas to be mowed, a non-disturbance buffer will be established by a qualified biologist,
wherein mowing will not occur until the nestlings have fledged. If no nests are observed
within the areas to be mowed, or in close proximity (50 feet) to the areas to be mowed,
mowing may proceed.
6.4 ELEMENT B.4 - EMERGENCIES
If any action is taken by the Land Manager as a result of an emergency situation (defined as
a situation which would result in an unacceptable hazard to life, a significant loss of
property, or an immediate, unforeseen, and significant economic hardship), and such action
has an effect on the biological, chemical, or physical function of the Restoration and
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Enhancement Areas, the permitting agencies will be notified verbally within 48 hours, with
written confirmation of the actions taken within one week. The notification will summarize
the emergency, actions taken, and will propose remediation where necessary to restore
form and function of the Restoration and Enhancement Areas.
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SECTION 7. PROHIBITED ACTIVITIES
This plan explicitly prohibits use of the Restoration and Enhancement Areas for activities
that hinder or harm the capacity of the Land Manager to meet the management goals.
These activities include the use of the Restoration and Enhancement Areas for any activity
that may directly or indirectly negatively affect the functions and values of the Restoration
and Enhancement Areas. The following uses are explicitly prohibited within the
Restoration and Enhancement Areas pursuant to this LTMP:
x Use of the Restoration and Enhancement Areas for storage of excavated material, or any
other fill material, even on a temporary basis, except for purposes of erosion repair
activities
x Storage or dumping of garbage, concrete rubble, asphalt, construction materials, or
fuels
x Burning of garbage, wood, or any other material except as allowed by the Land Manager
in support of management goals
x Construction of new trails or roadways without the consent of the appropriate
permitting agencies
x Use of the Restoration and Enhancement Areas for overnight camping
x Placement of signs unless for public safety, access control, restricted activities, or public
education related to preserve habitats and functions
x Establishment of new storm water outfalls or use of Restoration and Enhancement
Areas for storm water detention without agency consent
x Discharging or carrying firearms, crossbows, fireworks, or projectile weapons of any
kind (except law enforcement officials)
x Use of any motorized vehicle within Restoration and Enhancement Areas boundaries
(except as required by the Land Manager, medical personnel, fire officials, or law
enforcement)
x It is illegal for any adjacent landowner or resident to create a garden, landscape,
playground, or any other type of “improvement” within the Restoration and
Enhancement Areas without written permission from the Agencies and the Land
Manager
x Use of the Restoration and Enhancement Areas for commercial agricultural production
x Planting of non-native vegetation within Restoration and Enhancement Area
boundaries
x Personal use for privately owned animals such as horses, dogs, sheep, or other
livestock, that is not directly related to meeting management needs of the Restoration
and Enhancement Areas
x Activities that unduly interfere with the health, safety, and welfare of the users or
neighbors in the area, or that create a nuisance or hazard to the use and safety of
person using or neighboring such areas
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x Disorderly conduct (including amplified sound)
x Creation of unauthorized access points to Restoration and Enhancement Areas
x Construction, reconstruction, or placement of any building, billboard, sign, structure, or
other improvement, except as provided in this LTMP or upon approval of the
appropriate permitting agencies
x Routine unseasonable watering with potable waters; use of fertilizers, pesticides,
biocides, or other agricultural chemicals; mosquito abatement activities; incompatible
fire protection activities; and any and all other uses which may adversely affect the
conservation purposes of this LTMP
x Commercial or industrial uses
x Depositing or accumulating soil, trash, ashes, refuse, waste, bio-solids or any other
material
x Filling, dumping, excavating, draining, dredging, mining, drilling, removing, exploring
for or extracting minerals, loam, gravel, soil, rock, sand or other material on or below
the surface of the Restoration and Enhancement Areas, or granting or authorizing
surface entry for any of these purposes
x Altering the surface or general topography of the Restoration and Enhancement Areas,
including building roads, paving or otherwise covering the Restoration and
Enhancement Areas with concrete, asphalt, or any other impervious material, except as
provided in this LTMP and approved by the Department of the Army Permit
subsequently approved by the Corps
x Removing, destroying, or cutting trees, shrubs or other vegetation, except as required
for: (i) fire protection measures as specified in this LTMP; (ii) maintenance of existing
foot trails or roads; (iii) prevention or treatment of disease; (iv) utility line clearance
x Transferring any water right necessary to maintain or restore the biological resources
of the Restoration and Enhancement Areas
x Planting, introduction or dispersal of non-native or exotic plant or animal species
x Manipulating, impounding, or altering any natural watercourse, body of water or water
circulation on the Restoration and Enhancement Areas and any activities or uses
detrimental to water quality, including but not limited to degradation or pollution of
any surface or sub-surface waters
x Active recreational activities including, but not limited to, horseback riding, hunting, or
fishing
x Permitting a general right of access to the Restoration and Enhancement Areas
x Assigning, terminating, or altering any and all mineral, water, or air rights, without the
prior written authorization of appropriate permitting agencies
x Granting any additional interest in the Restoration and Enhancement Areas, without the
prior written authorization of appropriate permitting agencies
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SECTION 8. TRANSFER, REPLACEMENT, AMENDMENTS, AND NOTICES
8.1 TRANSFER
Any subsequent transfer of responsibilities under this long-term management plan to a
different Land Manager will be requested by the Land Manager, will require written
approval by permitting agencies, and will be incorporated into this LTMP by amendment.
Any subsequent Land Manager assumes all Land Manager responsibilities described in this
LTMP and as required in the deed restrictions (or other protective instrument), unless
otherwise amended in writing by the permitting agencies.
8.2 REPLACEMENT
If the Land Manager fails to implement the tasks described in this long-term management
plan and is notified of such failure in writing by the permitting agencies, the Land Manager
will have 90 days to cure such failure. If the failure is not cured within 90 days, the Land
Manager may request a meeting with the applicable agency(ies) to resolve the failure. Such
meetings will occur within 30 days of the issuance of the failure notification (or a longer
period if approved by the agency). Based on the outcome of the meeting, or if no meeting is
requested, the agency may designate a replacement Land Manager in writing by
amendment of this LTMP.
8.3 AMENDMENTS
The Land Manager and permitting agencies may meet and confer from time to time, upon
the request of any one of them, to revise this LTMP to better meet management objectives.
Any proposed changes to the LTMP will be discussed with all entities involved and
amendments will be approved by the permitting agencies in writing. Approved and
amended adjustments to the management regime and will be implemented by the Land
Manager.
8.4 NOTICES
Notification of the permitting agencies is not required if an activity in this LTMP does not
have a specific requirement for notification, is not a Prohibited Activity (see Section 7),
and/or review and approval or a permit is not required.
Dublin Crossing26 Johnson Marigot Consulting, LLC
Long-Term Management Plan April 2017
Any notices regarding this LTMP will be directed as follows:
Land Manager:
Zone 7 Water Agency
100 North Canyons Parkway
Livermore, CA 94551
Contact: Carol Mahoney, Manager of Integrated Water Resources
(925) 454-5064
Land Owner:
SAME AS LAND MANAGER
Signatory Agencies:
U.S. Army Corps of Engineers
San Francisco District
1455 Market Street
San Francisco, Ca 94103
Attn: Chief, South Branch
Telephone: (414) 503-6778
Fax: (415) 503-6690
California Department of Fish and Wildlife
Habitat Conservation Branch
1416 Ninth Street, 12th Floor
Sacramento, CA 95814
Attn: Branch Chief
Telephone: (916) 653-4875
Fax: (916) 653-2588
San Francisco Bay Regional Water Quality Control Board
401 Water Quality Certification Program
1515 Clay Street, Suite 1400,
Oakland, California 94612
Attn: Brian Wines
Telephone: (510) 622-2300
Fax: (510) 622-2460
Appendix A
Appendix A. Deed Restriction Template
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Dublin Crossing, LLC
Ms. Trece Herder
4750 Willow Road, Suite 150
Pleasanton, CA 94588
WHEN RECORDED, MAIL COPY TO:
Bruce H. Wolfe, Executive Officer
Attn: Brian Wines, Site No. 02-01-00786
CIWQS Place ID Nos. 792186 and 792217
California Regional Water Quality Control Board
San Francisco Bay Region
1515 Clay Street, Suite 1400
Oakland, CA 94612
WHEN RECORDED, MAIL COPY TO:
District Engineer, San Francisco District
Attn: Ms. Janelle Leeson
U.S. Army Corps of Engineers, Regulatory Division
1455 Market Street, 16th Floor
San Francisco, CA 94103-1398
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
COVENANTS AND DEED RESTRICTIONS
Restoration and Enhancement Areas
THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this
“Declaration”) is made this ___ day of ____________, 20__, by DUBLIN Crossing, LLC, (the
"Declarant") which is the Owner of fee title of certain real property located at _______, in the
County of Alameda, State of California (Hereafter the “Burdened Property”) and more
particularly described in Exhibit A, which is attached hereto and incorporated by reference
herein as set forth in full.
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A. Declarant is “Dublin Crossing, LLC, and is a Limited Liability Company in the
state of California and is the sole owner in fee simple of certain real property in the County of
Alameda, State of California, more particularly described in Exhibit A, attached hereto and by
this reference incorporated herein (the "Burdened Property").
B. The Declarant applied to the Department of the Army, through the San Francisco
District of the U. S. Army Corps of Engineers, San Francisco District ("USACE") for an
Individual Permit pursuant to Section 404 of the Clean Water Act to authorize the Declarant to
place fill in waters of the United States to construct a residential development project, and to
mitigate for such placement of fill material on the Burdened Property. Impacts to waters of the
U.S. due to fill discharge are regulated by the Clean Water Act, Section 404, and were authorized
by the District Engineer pursuant to Individual Permit No. ______, dated _____.
C. On (DATE) the District Engineer of the USACE issued the Section 404
Individual Permit for the Dublin Crossing Development Project (the “Dublin Crossing
Individual Permit”) authorizing the Declarant’s discharges to waters of the United States. The
Dublin Crossing Individual Permit contains Special Conditions (# - #) (hereafter the "IP Special
Conditions") set forth conditions of approval concerning the proposed fill and those Special
Conditions specifically relating to the Protected Area are attached hereto as Exhibit B and
incorporated herein by reference as if set forth in full.
D. The IP Special Conditions among other things, require that the Declarant shall
submit to USACE a deed restriction to be executed and recorded by the Declarant to protect
restored, enhanced, and created habitat. That deed restriction shall require that the Burdened
Property (Exhibit A) be restored and maintained in perpetuity consistent with the Mitigation
and Monitoring Plan – Dublin Crossing, dated ?, and the Long Term Management Plan –
Dublin Crossing, dated ?(which are attached as Exhibit C) and incorporated herein by reference
as if set forth in full, and that use of the Protected Area be limited as set forth in Special
Conditions (# - #).
E. The Declarant applied to the California Regional Water Quality Control Board for
the San Francisco Bay Region ("Board") for a water quality certification under Section 401 of
the Clean Water Act and coverage under State Water Resources Control Board Order No. 2003-
0017 - DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That
Have Received State Water Quality Certification" to authorize the Declarant to place fill in
waters of the United States and the State of California to construct a residential development
project, and to mitigate for such placement of fill material on the Burdened Property. Impacts to
waters of the U.S. and waters of the State of California are authorized by the Clean Water Act
Section 401 Certification and coverage under Board Order No. 2003-0017.
F. On (DATE) the Board's Executive Officer issued the Section 401 water quality
certification for the Dublin Crossing Development Project referenced as Site No. _________
(the “Dublin Crossing 401 Certification”) for the Declarant’s discharges to waters of the United
States and the State. The Dublin Crossing 401 Certification contains Special Conditions (# - #)
(hereafter the "401 Special Conditions") setting forth conditions of approval concerning the
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proposed fill and those Special Conditions specifically relating to the Burdened Property
(described in Exhibit A) are attached hereto as Exhibit D and incorporated herein by reference
as if set forth in full.
G. The Board's Executive Officer found that, but for the Special Conditions, the
proposed discharge into waters of the United States and State of California could not be found
consistent with applicable law and that a water quality certification could therefore not be
issued.
H. The Special Conditions, among other things, require that the Declarant shall
submit to the Executive Officer a deed restriction to be executed and recorded by the Declarant
to protect restored, enhanced, and created habitat. That deed restriction shall require that the
Burdened Property (Exhibit A) be restored and maintained in perpetuity consistent with the
Mitigation and Monitoring Plan – Dublin Crossing, dated ?, and the Long Term Management
Plan – Dublin Crossing, Dated (which are attached as Exhibit C), and that use of the Protected
Area be limited as set forth in Special Conditions (# - #).
E. The Declarant elected to execute and record the deed restriction required in the
Special Conditions, so as to enable the Declarant to undertake the actions authorized by the water
quality certification issued by the Board.
NOW, THEREFORE, in consideration for the rights granted to Declarant for the development of
the Dublin Crossing residential development project, located in the City of Dublin, County of
Alameda, the Burdened Property shall be preserved for habitat preservation pursuant to
California Civil Code §§ 815, et seq., and shall be dedicated in fee simple to the Alameda
County Water Conservation and Flood Control District, Zone 7 (“Zone 7’) – as approved by
California Civil Code §§ 815, et seq., (Zone 7 is the “Dedicatee”). The transfer of ownership
shall provide mitigation of certain anticipated impacts resulting from the Project as authorized by
the Department of the Army Permit No. _________, and the Board’s 401 Certification No.
_________, AND,
IN CONSIDERATION of the Department of Army Permit and the 401 Certification issued by
the Executive Officer, the undersigned Declarant for itself and for its heirs, assigns, and
successors-in-interest, hereby irrevocably covenant with the Department of the Army and the
Board that the protective provisions, covenants and restrictions ("Restrictions") set forth in this
Deed Restriction shall at all times on and after the date on which this Deed Restriction is
recorded constitute for all purposes, covenants, conditions and restrictions on the use and
enjoyment of the Burdened Property that are hereby attached to the deed to the Burdened
Property as fully effective components thereof.
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ARTICLE I
DEFINITIONS
1.1 Board. "Board" shall mean the California Regional Water Quality Control Board for the
San Francisco Bay Region and shall include its successor agencies, if any.
1.2 Burdened Property. “Burdened Property” shall mean that property legally described in
Exhibit A (aka “the Property” or “Protected Area”).
1.3 Declarant. “Declarant” shall mean Dublin Crossing, LLC.
1.4 Dedicatee. “Dedicatee” shall mean Alameda County Flood Control and Water Conservation
District (aka “Zone 7”).
1.5 District Engineer. “District Engineer” shall mean the Commanding Officer of the San
Francisco District of the U. S. Army Corps of Engineers.
1.6 Mitigation and Monitoring Plan. “Mitigation and Monitoring Plan” shall mean the
document titled “Mitigation and Monitoring Plan – Dublin Crossing”, dated ? (aka “MMP”)
1.7 Long Term Management Plan. “Long Term Management Plan” shall mean the document
titled “Long Term Management Plan – Dublin Crossing”, dated ? (aka “LTMP”)
1.8 Occupant. “Occupant” shall mean the Alameda County Flood Control and Water
Conservation District or successor, or any entity acting on behalf of Alameda County Flood
Control and Water Conservation District or successor.
1.9 Owner or Owners. "Owner" or "Owners" shall mean the DECLARANT and/or its successors
in interest, who hold title to all or any portion of the Protected Area of the Burdened Property.
1.10 Protected Area. “Protected Area” shall have the same meaning as “Burdened Property.”
1.11 USACE. “USACE” shall mean the San Francisco District of the U. S. Army Corps of
Engineers.
1.12 Zone 7. “Zone 7” shall mean the Alameda County Flood Control and Water Conservation
District, Zone 7.
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ARTICLE II
GENERAL PROVISIONS
2.1 The Burdened Property is currently in a natural state and is intended to remain undisturbed,
except for those activities described in the Long Term Management Plan for the Dublin Crossing
open space preserve, dated???, a copy of which is attached here to as Exhibit C (the “LTMP”).
2.2 The Burdened Property provides or is capable of providing significant ecological and habitat
values (collectively “Conservation Values”) that are of aesthetic, ecological, educational,
historical, recreational, and scientific value. These values include, but are not limited to, the
jurisdictional waters of the U.S. and State of California, and the functions and values of
approximately 1,960 linear feet of Chabot Creek, 1,354 linear feet of Canal 2, and 0.70 acre of
seasonal wetlands within the Dublin Crossing open space preserve. Both Chabot Creek and
sections of Canal 2 are subject to ecological enhancement, restoration, and creation efforts as
mitigation for the Dublin Crossing residential project, and these values are of great importance to
the Declarant and the people of the United States.
2.3 Save as shown in the LTMP, the Burdened Property will be preserved as an Open Space and
Habitat Preserve and will be restricted from any development on the terms set forth in the Clean
Water Act permits, and this document.
2.4 Purpose. The purpose of this Declaration is to ensure that the Burdened Property will be
retained forever in a condition contemplated by the LTMP and to prevent any use of the
Burdened Property that will significantly impair or interfere with the conservation values of the
Burdened Property. Declarant intends that this Declaration will confine the use of the Burdened
Property to such activities including, without limitation, those involving the preservation and
enhancement of native species and their habitats in a manner consistent with the conservation
purposes of this Declaration and the LTMP.
2.5 Agreement to Assign. Declarant understands, acknowledges and agrees that, as a condition
on the issuance by the U.S Army Corps of Engineers of the Clean Water Act permit, and the
Board certification, the Burdened Property shall be restricted from any development and shall be
reserved for use as habitat preservation on the terms set forth in the Clean Water Act permits.
Declarant shall offer the Burdened Property for dedication in fee to the Alameda County Water
Conservation and Flood Control District, Zone 7 (“Zone 7’) or to an organization authorized to
hold a conservation covenant under California Civil Code § 815, et seq. but such offer does not
and shall not be construed as or constitute an offer for public use.
2.6 Covenants Running with the Land. In consideration of benefits derived from the Clean
Water Act permits, the Declarant does hereby covenant and agree to restrict, and by this
instrument does restrict, the future use of the Burdened Property as set forth by the below
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establishment of this covenant running with the land in perpetuity and shall bind any successors
and assigns in interest to the Burdened Property in accordance with applicable law, including,
but not limited to, California Civil Code 815, et seq., and California Civil Code 4618. This
Covenant and Deed Restriction set forth Restrictions upon and subject to which every portion of
the Burdened Property shall be improved, held, used, occupied, leased, sold, hypothecated,
encumbered and/or conveyed. Each and all of the Restrictions shall run with the land, and pass
with each and every portion of the Burdened Property, and shall apply to, inure to the benefit of,
and bind the respective successors in interest thereof, for the benefit of the USACE, the Board
and all other Owners and Occupants, as well as the people of the United States and the State of
California. Each and all of the Restrictions are enforceable by the Board and / or USACE.
2.7 Notice in Agreements. After the date of recordation hereof, all Owners and Occupants shall
execute a written instrument which shall accompany all purchase agreements, easements or
leases relating to the property. Any such instrument shall contain the following statement:
The land described herein is subject to a deed restriction dated as of
________________, 2016, and recorded on, __________ 2016, in the Official
Records of Alameda County, California, as Document No.__________, which
Covenant and Restriction imposes certain covenants, conditions, and
restrictions on usage of all or a portion of the property described herein.
2.8 Development Rights. All present and future development rights allocated, implied, reserved,
or inherent to the Burdened Property that are not consistent with the Restrictions or LTMP are
hereby extinguished and may not be used on or transferred to any portion of the Burdened
Property, nor any other property, wherever located.
2.9 Concurrence of Owners and Lessees Presumed. All purchasers, lessees, or possessors of any
real property interest in any portion of the Burdened Property, whether past, present or future,
shall be presumed by their purchase, leasing, or possession of a portion of the Burdened Property
to be in accord with the foregoing and to agree for and among themselves, their heirs, successors,
and assignees, and the agents, employees, and lessees of such owners, heirs, successors, and
assignees, that the Restrictions as herein established must be adhered to for the benefit of the
USACE, the Board and the Owners and Occupants of the Burdened Property and that the interest
of the Owners and Occupants of the Burdened Property shall be subject to the Restrictions
contained herein. No Owner or Occupant of the Burdened Property shall act in any manner that
would be inconsistent with the Restrictions.
2.10 Enforcement. USACE and the San Francisco Regional Water Quality Control Board shall
have the right, to enforce each and every provision herein. The covenant shall be enforceable by
remedy of injunctive relief in addition to any other remedy in law or equity. Failure of the
Declarant, Dedicatee, or other Owner or Occupant to comply with any provision of this
Covenant shall be grounds for USACE or the Board, by reason of this Covenant, to have the
authority to require that the Declarant, Dedicatee, Owner or Occupant modify or remove any
improvements constructed in violation of this Covenant and restore the Burdened Property as
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described in the LTMP and the Special Conditions. In the event that the Declarant its heirs,
assigns or successors in interest shall fail to abide by any of the covenants hereunder, they
hereby agree to pay all reasonable costs and expenses incurred by USACE or the Board in
securing performance of such obligation, including reasonable attorney's fees and costs. In the
event of a breach, any forbearance on the part of any party to this covenant to enforce the terms
and provisions hereof shall not be deemed a waiver of enforcement rights regarding any
subsequent breach.
The Declarant and Dedicatee agree that USACE, the Board, and/or any persons acting pursuant
to USACE or Board orders, shall upon providing reasonable notice to the Declarant or
Dedicatee, have reasonable access to the Protected Area of the Burdened Property for the
purposes of inspection, surveillance, maintenance, or monitoring, as provided for in Division 7
of the Water Code.
Nothing contained in this Declaration shall be construed to entitle the United States or State of
California to bring any action for any injury to or change in the Burdened Property resulting
from causes beyond Declarant’s or Dedicatee’s control, including, without limitation, fire not
caused by Declarant or Dedicatee, flood, storm, and earth movement, or from any prudent action
taken by Declarant or Dedicatee under emergency conditions to prevent, abate, or mitigate
significant threats to life, to health, to public safety, and of injury to the Burdened Property or
other property resulting from such causes.
ARTICLE III
RESTRICTIONS
3.1 All mandatory mitigation measures presented in the MMP and LTMP (Attached hereto as
Exhibit C) applicable to the Burdened Property shall be implemented.
3.2 Unless allowed pursuant to Sections 3.3 or 4.2 below or unless allowed in the LTMP or
future revisions thereof that have been approved in advance in writing by USACE and the Board
or its Executive Officer, the following activities are prohibited within the Burden Property:
a. Construction, reconstruction or placement of any building, billboard, sign,
structure, or other improvement, except as provided in the LTMP, or upon approval of USACE.
b. Unseasonable watering; use of fertilizers, herbicides, pesticides, biocides,
or other agricultural chemicals; mosquito abatement activities; weed abatement activities;
incompatible fire protection activities; and any and all other uses which may adversely affect the
conservation purposes of this Declaration.
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c. Grazing and agricultural activity of any kind, except as may be provided
in the LTMP.
d. Commercial or industrial uses.
e. Depositing soil, trash, ashes, refuse, waste, bio-solids or any other
material.
f. Filling, dumping, excavating, draining, dredging, mining, drilling,
removing, exploring for or extracting minerals, loam, gravel, soil, rock, sand or other material on
or below the surface of the Burdened Property, or granting or authorizing surface entry for any of
these purposes, unless authorized by the Board and USACE.
g. Altering the surface or general topography of the Burdened Property,
including building roads, paving or otherwise covering the Property with concrete, asphalt, or
any other impervious material, except as provided in the LTMP and approved by the Clean
Water Act permits.
h. Removing, destroying, or cutting trees, shrubs or other vegetation, except
as required for: (i) fire and / or flood protection measures as specified in the LTMP; (ii)
maintenance of existing foot trails or roads; (iii) prevention or treatment of disease; (iv) utility
line clearance, or (v) maintaining flows through the Burdened Property.
i. Use of motorized vehicles, including off-road vehicles, except on existing
roadways, as required to meet the obligations of the LTMP.
j. Transferring any water right necessary to maintain or restore the biological
resources of the Property.
k. Planting, introduction or dispersal of non-native or exotic plant or animal
species.
l. Manipulating, impounding or altering any natural watercourse, body of
water or water circulation on the Property and any activities or uses detrimental to water quality,
including but not limited to degradation or pollution of any surface or sub-surface waters.
m. All active recreational activities not otherwise described in the LTMP,
including, but not limited to, horseback riding, biking, hunting or fishing.
n. Permitting a general right of access to the property that may result in
damage to ecological functions and values.
o. Assigning, terminating, or altering any and all mineral, water, or air rights,
without the prior written authorization of the USACE and Board.
p. Granting any additional interest in the Burdened Property, without the
prior written authorization of the USACE and Board.
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3.3 Notwithstanding the foregoing restrictions, the following activities may occur in the
Protected Areas:
a. Engaging in uses and activities necessary or appropriate to implement the
LTMP.
b. Control of entry upon the Burdened Property, including, without
limitation, the installation and maintenance of signs or fences that do not impede the
movement of wildlife.
c. Passive recreational uses, including those activities described in the
LTMP, that do not degrade the Conservation Values of the Burdened Property.
ARTICLE IV
VARIANCE AND TERMINATION
4.1 This covenant and the provisions thereof are irrevocable and nonmodifiable and shall
continue in effect in perpetuity unless modified or terminated as provided herein.
4.1 Declarant, Dedicatee, or Any Owner, or with the Owner's consent, any Occupant of the
Protected Area of the Burdened Property or a portion thereof may apply to USACE and the
Board for a written variance from the provisions of this Covenant. USACE and the Board, at
their discretion, may approve the variance if they find that the requested variance would not
impact the size, condition, or functions of the mitigation features required by the Clean Water
Act permits and protected by this Covenant.
4.2 Declarant, Dedicatee, or Any Owner or with the Owner's consent, any Occupant of the
Protected Area of the Burdened Property or a portion thereof may apply to USACE or the Board
for a termination of the provisions of this Covenant as they apply to all or any portion of the
Burdened Property. Termination of the provisions of this Covenant requires the provision of
alternate mitigation of equivalent size, condition, and functions. USACE and the Board will not
approve the termination of the provisions of this Covenant until such alternate mitigation has
been established, including the implementation of any necessary construction and planting, as
well as a minimum of five years of post-establishment monitoring and maintenance, and a deed
restriction or conservation easement has been recorded for the alternate mitigation site.
ARTICLE V
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MISCELLANEOUS
5.1 Best and Most Necessary Use. The habitat Conservation Values of the Declaration are
presumed to be the best and most necessary public use as defined in equity and pursuant to
California Code of Civil Procedure §1240.680 notwithstanding Code of Civil Procedure
§§1240.690 and 1240.700.
5.2 No Dedication Intended. Nothing set forth herein shall be construed to be a gift or
dedication, or offer of a gift or dedication, of the Burdened Property or any portion thereof to the
general public.
5.2 Taxes. Prior to transfer to Dedicatee, Declarant shall pay before delinquency all taxes,
assessments, fees, and charges of whatever description levied on or assessed against the Property
by competent authority (collectively, "taxes"), including any taxes imposed upon, or incurred as
a result of, this Declaration, and shall furnish satisfactory evidence of payment upon request.
Dedicatee shall there-forward keep the Property free from any liens, including those arising out
of any obligations incurred by the Declarant or Dedicatee for any labor or materials furnished or
alleged to have been furnished at or for use on the Property.
5.3 Subsequent Property Transfer. Declarant and Dedicatee agree to incorporate the terms of
this Declaration in any deed or other legal instrument by which the Declarant or Dedicatee
divests itself of any interest in all or a portion of the Property, including, without limitation, a
leasehold interest. Declarant or Dedicatee shall give USACE and the Board written notice of the
intent to transfer any interest at least 30 days prior to the date of such transfer. USACE and the
Board shall have the right to prevent subsequent transfers in which transferees are not given
notice of the terms, covenants, conditions and restrictions of this Declaration. The failure of
Declarant or Dedicatee to perform any act required by this section shall not impair the validity of
this Declaration or limit its enforcement in any way.
5.4 Recordation. Declarant shall submit an original, signed and notarized Deed including this
Declaration to USACE and the Board, and shall promptly record this instrument in the official
records of the County of Alameda, and shall thereafter promptly provide a conformed copy of
the recorded Declaration to USACE and the Board. Upon the assignment of the Burdened
Property, Dedicatee shall promptly record the title with this Declaration in the official records of
the County of Alameda, and shall thereafter promptly provide a conformed copy of the recorded
Declaration to USACE and the Board.
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5.5 Termination of Declaration. Upon approval of USACE and the Board, Declarant or
Dedicatee may grant a perpetual Conservation Easement over the Property to a third party
approved to hold Conservation Easements under Civil Code § 815, et seq., and, by so doing, may
terminate this Declaration. Termination may only occur after Conservation Easement has been
recorded and only if the Conservation Easement contains all provisions set forth in this
Declaration.
5.7 General Provisions.
a. Controlling Law. The interpretation and performance of this Declaration
shall be governed by the laws of the State of California and applicable Federal law, including the
Clean Water Act.
b. Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Declaration shall be liberally construed to effect the purposes of this
Declaration and the policy and purpose of Civil Code §815, et seq. If any provision in this
instrument is found to be ambiguous, an interpretation consistent with the purposes of this
Declaration that would render the provision valid shall be favored over any interpretation that
would render it invalid.
c. Severability. If any provision of this Declaration or the application thereof
is found to be invalid the remaining provisions of this Declaration or the application of such
provisions other than that found to be invalid shall not be affected thereby.
d. Entire Agreement. This Declaration and the LTMP incorporated by
reference herein, including all of the exhibits thereto, together set forth the entire agreement of
the parties and supersede all prior discussions, negotiations, understandings, or agreements
relating to the Declaration, all of which are merged herein. No alteration or variation of this
instrument shall be valid or binding unless contained in an amendment in accordance with the
provisions herein.
e. Termination of Rights and Obligations. A party's rights and obligations
under this Declaration terminate upon transfer of the party's interest in the Declaration or
Property, except that liability for acts, omissions or breaches occurring prior to transfer shall
survive transfer.
f. Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon its
construction or interpretation.
g. Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be
deemed an original instrument as against any party who has signed it.
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1442261.1
IN WITNESS WHEREOF, Declarant has executed and delivered this Declaration
as of the day and year first above written
DECLARANT (Dublin Crossing, LLC):
By:
_____________________________
Title:
Date: _______________________________
DEDICATEE (Zone 7):
By:
_____________________________
Title:
Date: _______________________________
UNITED STATES ARMY CORPS OF ENGINEERS
By: ________________________________
Title: _______________________________
Date: _______________________________
REGIONAL WATER QUALITY CONTROL BOARD
By: ________________________________
Title: _______________________________
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1442261.1
Date: _______________________________
Appendix B
Dublin Crossing City Easement Area Exhibit
LEGEND:
CITY MAINTENANCE EASEMENT AREA OVER CHABOT CREEK 4.70± AC
DUBLIN CROSSING PROJECT BOUNDARY
Appendix C
Baseline Condition Report and As-Built Map (Current Proposed Plans, to be replaced
upon completion of success monitoring)
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LEGEND
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FULL SIZE SCALE: H1"=10' V1"=10'
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LEGEND
PROPOSED SEASONAL WETLAND
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LEGEND
NOTES:
STAGE 1 - REMOVE CULVERT, RIP RAP, AND CONCRETE
AS SOON AS FEASIBLE.
STAGE 2 - INSTALL TREES AND SHRUBS FOLLOWING
CONSTRUCTION OF EACH NEW CROSSING.
REMOVE CONCRETE 1
REMOVE CONCRETE 1
REMOVE ASPHALT
AND CONCRETE 1
REMOVE RIP RAP 1
REMOVE CONCRETE 1
EXISTING CULVERT
REMOVE ASPHALT
AND CONCRETE 1
REMOVE CONCRETE LINING
THROUGHOUT ALL
RESTORATION AREAS (TYP.)
REMOVE CONCRETE LINING
THROUGHOUT ALL
RESTORATION AREAS (TYP.)
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 2020
Appendix C
Stormwater Management Maintenance Agreement
RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
Caroline Soto
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568 Fee Waived per GC 27383
Space above this line for Recorder’s use
PWSW or BLD (if applicable): ___________________________
Address: _
Scarlett Drive_____________________________
Tract or Parcel # (if applicable): _________________________
STORMWATER MANAGEMENT MAINTENANCE AGREEMENT
This Stormwater Management Maintenance Agreement (“Agreement”) is entered
into by and between the City of Dublin (“City”) and Dublin Crossing, LLC,the Property
Owner of real property described in Exhibit A of this Agreement (“Property Owner”).
RECITALS
A. On November 19, 2015, the Regional Water Quality Control Board, San Francisco
Bay Region, adopted Order R2-2015-0049, CAS612008, issuing the Municipal
Regional Stormwater NPDES permit (“MRP”) for the San Francisco Bay Region;
and
B. The City is a permittee of the MRP; and
C. Provision C.3.h of the MRP requires the City to implement an Operation and
Maintenance Verification Program (“Program”) for stormwater treatment systems,
which are defined as “any engineered system designed to remove pollutants from
stormwater runoff by settling, filtration, biological degradation, plant uptake, media
absorption/adsorption or other physical, biological or chemical process,” and
“includes landscape-based systems such as grassy swales and bioretention units
as well as proprietary systems” (MRP, pg. 151). As part of this program, the City is
required to ensure that all installed stormwater treatment systems or measures are
adequately operated and maintained by entities responsible for such stormwater
treatment systems or measures, such as the Property Owner;and
D. The Property Owner is the owner of real property commonly known as
Scarlett Drive (the “Property”), which is more
particularly described in Exhibit A, upon which stormwater treatment
measure(s), flow duration controls and/or full trash capture device(s) (collectively
referred to as “stormwater controls”) are to be constructed or located, operated
and maintained; and
E. The stormwater controls more particularly described in Exhibit B –Stormwater
Management Plan for Scarlett Drive Improvements (dated September 26, 2018)
(Management Plan) of which the full scale project plans and any revisions thereto
areon file with the Public Works Department of the City; and
F. The City is the permittee public agency with jurisdiction over the Property; and
G. The Property Owner, its administrators, co-owners, executors, successors, heirs,
assigns or any other persons, including any homeowners association (collectively
hereinafter referred to as “Property Owner”) recognizes that the stormwater controls
must be installed and maintained on the Property as indicated in this Agreement and
as required by the MRP;and
H. The City and the Property Owner agree that the health, safety and welfare of the
citizens of the City, together with the provisions of Dublin Municipal Code Chapter
7.74 and other applicable City guidelines, require that the stormwater controls
detailed in Exhibit B are to be constructed, operated and maintained on the
Property by the Property Owner;and
I. The Property Owner accepts the responsibility for constructing, operating, and
maintaining the stormwater controls on theProperty.
NOW, THEREFORE, with reference to the above recitals and in consideration of
the mutual promises, obligations, and covenants herein, the Property Owner agrees as
follows:
SECTION 1: CONSTRUCTION OF TREATMENT MEASURES
The on-site stormwater controls described in Exhibit B shall be constructed by the
Property Owner in strict accordance with the approved plans and specifications identified
for the development and any other requirements thereto which have been approved by the
City in conformance with appropriate City ordinances, guidelines, criteria and other written
direction.
SECTION 2: OPERATION & MAINTENANCE RESPONSIBILITY
This Agreement shall serve as the signed statement by the Property Owner
accepting responsibility for operation and maintenance of stormwater controls as set
forth in this Agreement until the responsibility is legally transferred to another entity.
SECTION 3: MAINTENANCE OF TREATMENT MEASURES
The Property Owner shall not destroy or remove the stormwater controls from the
Property nor modify the stormwater management system in a manner that lessens its
effectiveness, and shall, at its sole expense, adequately maintain the stormwater controls
in good working order acceptable to the City and in accordance with the Construction
Plans attached as Exhibit C. This includes all pipes, channels or other conveyances
built to convey stormwater to the stormwater controls, as well as all structures,
improvements, and vegetation provided to control the quantity and quality of the
stormwater. Adequate maintenance is herein defined as maintaining the described
stormwater controls in good working condition so that these facilities continue to
operate as originally designed and approved. The maintenance is described in the
Storm Water Management Plan for Scarlett Drive Improvements (Exhibit B).
In the event the stormwater controls are destroyed damaged, removed, or
modified in a manner that lessens their effectiveness, the Property Owner, at its sole
expense, shall restore them such that they perform as intended.
SECTION 4: SEDIMENT MANAGEMENT
The Property Owner shall manage sediment accumulation resulting from the
normal operation of the stormwater controls appropriately. The Property Owner shall
provide for the removal and disposal of accumulated sediments. Disposal of accumulated
sediments shall not occur on the Property, unless provided for in the Management Plan.
Any disposal or removal of accumulated sediments or debris shall be in compliance with all
federal, state and local law and regulations.
SECTION 5: ANNUAL INSPECTION AND REPORT
The Property Owner shall conduct a minimum of one annual inspection of the
stormwater controls before the wet season. This inspection shall occur between August 1st
and October 1st each year. The results of the inspection shall, on an annual basis, complete
the Stormwater Treatment Measures Operation and Maintenance Inspection Repot (annual
inspection report) attached to the Management Plan (Exhibit B). The annual inspection
report shall include all completed Hydromodification Inspection and Maintenance Checklists
for the reporting period (also attached to Exhibit B). The annual inspection report shall also
include a record of the volume of all accumulated sediment removed from the stormwater
controls.
The Property Owner shall retain each annual inspection report at a location on the
Property for a period of at least five (5) years. The City may request the Property Owner to
provide copies of any or all annual inspection reports prepared during the prior five years in
order to verify that inspection and maintenance of all applicable stormwater controls have
been conducted pursuant to this Agreement. The Property Owner shall comply with any
subject request within five (5) working days.
SECTION 6: ANNUAL INSPECTION AND REPORT OF FULL TRASH CAPTURE
The Property Owner shall maintain all full trash capture device(s) installed on the
property. Hydrodynamic separators are required to be serviced at least twice per seasonal
cycle. Inlet filters are required to be serviced by a third party company a minimum of three
times per seasonal cycle. Additional information on the required maintenance of the full
trash capture device(s) is included in Exhibit B. Maintenance records provided to the
Property Owner by the third party company shall be submitted to the City in order to verify
that the maintenance of the full trash capture device(s) have been conducted pursuant to
this agreement. The maintenance records shall be submitted no later than December 31 of
each year, under penalty of perjury, to the City of Dublin NPDES Coordinator at the City of
Dublin, 100 Civic Plaza, Dublin CA, 94568 or another member of the City staff as directed
by the City. The maintenance records shall include the volume of all accumulated sediment
and trash removed from the full trash capture device(s).
SECTION 7: NECESSARY CHANGES AND MODIFICATIONS
At its sole expense, the Property Owner shall make any changes or modifications
to the stormwater controls and/or the Management Plans, Exhibit B, as the City may
determine to be reasonably necessary to ensure that the stormwater controls are
properly maintained and continue to operate as originally designed and approved.
SECTION 8: ACCESS TO THE PROPERTY
The Property Owner hereby grants permission to the City; the San Francisco Bay
Regional Water Quality Control Board (RWQCB); the Alameda County Mosquito
Abatement District (Mosquito Abatement District); and their authorized agents and
employees (hereinafter “Agencies”) to enter upon the Property at reasonable times and in a
reasonable manner to inspect, assess or observe the stormwater controls in order to
ensure that stormwater controls are being properly operated and maintained and are
continuing to perform in an adequate manner to protect water quality and the public health
and safety. This includes the right to enter upon the Property when the Agency or
Agencies has/have a reasonable basis to believe that a violation of this Agreement, the
City’s Stormwater Management Program, guidelines, criteria, or the MRP, and any
amendments or re-issuances of this permit, is occurring, has occurred or threatens to
occur. The above listed Agencies also have a right to enter the Property when necessary
for abatement of a public nuisance or correction of a violation of the Inspection Report
criteria. Whenever possible, Agencies shall provide reasonable notice, delivered pursuant
to Section 10 of this Agreement, to the Property Owner before entering the property.
SECTION 9: FAILURE TO MAINTAIN STORMWATER CONTROLS
In the event the Property Owner fails to maintain the stormwater controls as shown
on the approved Site Plan or comparable document in good working order acceptable to
the City and in accordance with the Management Plan, incorporated in the Agreement,
the City, and its authorized agents and employees with reasonable notice, delivered
pursuant to Section 10 of this Agreement, may enter the Property and take whatever
steps it deems necessary and appropriate to return the stormwater controls to good
working order. Such notice will not be necessary if emergency conditions require
immediate remedial action. This provision shall not be construed to allow the City to erect
any structure of a permanent nature on the Property. It is expressly understood and
agreed that the City is under no obligation to maintain or repair the stormwater controls
and in no event shall this Agreement be construed to impose any such obligation on the
City.
SECTION 10: NOTICES
All notices herein required shall be in writing, and delivered by person or sent by
registered mail, postage pre-paid.
Notices required to be given to the City shall be addressed as follows:
Environmental Coordinator
Environmental Services
City of Dublin
100 Civic Plaza, Dublin, CA 94568
Notices required to be given to Property Owner or Property Manager shall be
addressed as follows:
Company Name:Dublin Crossing, LLC
Attention:Josh Roden
Street Address: 500 La Gonda Way Suite 100
City:Danville State:CA Zip Code:94526
Telephone Number:925-743-8000
E-mail address:_jos_h_.r_o_de_n_@broo_k_f_ie_l_d_r_p_._c_o_m _
Any party may change such address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted to the new address.
SECTION 11: REIMBURSEMENT OF CITY EXPENDITURES
In the event the City, pursuant to this Agreement, performs work of any nature
(direct or indirect), including any re-inspections or any actions it deems necessary or
appropriate to return the stormwater treatment measure(s) and/or full trash capture
device(s) in good working order as indicated in Section 9, or expends any funds in the
performance of said work for labor, use of equipment, supplies, materials, and the like,
the Property Owner shall reimburse the City of Dublin upon demand within thirty (30) days
of receipt thereof for the costs incurred by the City hereunder, including reasonable mark-
ups for overhead and expenses. If these costs are not paid within the prescribed time
period, the City may assess the Property Owner the cost of the work, both direct and
indirect, and applicable penalties. The actions described in this section are in addition to
and not in lieu of any and all legal remedies as provided by law, available to the City as a
result of the Property Owner’s failure to maintain the stormwater controls.
SECTION 12: INDEMNIFICATION
The Property Owner shall indemnify, hold harmless and defend the City and its
authorized agents, officers, officials and employees from and against any and all claims,
demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and
payments, including attorney fees claimed or which might arise or be asserted against the
City that are alleged or proven to result or arise from the construction, presence, existence
or maintenance of the stormwater controls by the Property Owner or the City. In the event
a claim is asserted against the City, its authorized agents, officers, officials or employees,
the City shall promptly notify the Property Owner and the Property Owner shall defend at
its own expense any suit based on such claim. If any judgment or claims against the City,
its authorized agents, officers, officials or employees shall be allowed, the Property Owner
shall pay for all costs and expenses in connection herewith. This section shall not apply to
any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences,
claims and payments, including attorney fees claimed which arise due solely to the
negligence or willful misconduct of the City.
SECTION 13: NO ADDITIONAL LIABILITY
It is the intent of this Agreement to ensure the proper maintenance of the
stormwater controls by the Property Owner; provided, however, that this Agreement shall
not be deemed to create or effect any additional liability not otherwise provided by law of
any party for damage alleged to result from or caused by stormwater runoff.
SECTION 14: TRANSFER OF PROPERTY
This Agreement shall run with the title to the land. The Property Owner agrees
that whenever the Property is held, sold, conveyed or otherwise transferred, the
Property shall be subject to this Agreement which shall apply to, bind and be obligatory
to all present and subsequent owners of the Property. Before the Property is legally
transferred to another entity, the Property Owner shall provide written notice of the
Agreement to the transferee and provide the City a copy of suchnotice.
SECTION 15: SEVERABILITY
The provisions of this Agreement shall be severable and if any phrase, clause,
section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or
unconstitutional by a court of competent jurisdiction, or the applicability to any Property
Owner is held invalid, this shall not affect or invalidate the remainder of any phrase,
clause, section, subsection, paragraph, subdivision, sentence or provision of this
Agreement.
SECTION 16: RECORDATION
This Agreement shall be recorded by the Property Owner or by the City by mutual
Agreement, within thirty (30) days after the execution date of this Agreement as stated
above among the deed records of the County Recorder’s Office of the County of Alameda,
California at the Property Owner’s expense.
SECTION 17: RELEASE OF AGREEMENT
In the event that the City determines that the stormwater controls located on the
Property are no longer required, then the City, at the request of the Property Owner shall
execute a release of this Agreement, which the Property Owner, or the City by mutual
agreement, shall record in the County Recorder’s Office at the Property Owner’s
expense. The stormwater controls shall not be removed from the Property unless such a
release is so executed and recorded.
SECTION 18: EFFECTIVE DATE AND MODIFICATION
This Agreement is effective upon the date on which all signatures are obtained.
This Agreement shall not be modified except by written instrument executed by the City
and the Property Owner at the time of modification. Such modifications shall be effective
upon the date of execution and shall be recorded.
SECTION 19: MISCELLANEOUS
The interpretation, validity, and enforcement of this Agreement shall be governed
by and interpreted in accordance with the laws of the State of California. Any suit, claim,
or legal proceeding of any kind related to this Agreement shall be filed and heard in a court
of competent jurisdiction in the County of Alameda.
In the event of legal action occasioned by any default, inaction or action of the
Property Owner, the Property Owner agrees to pay all costs incurred by the City in
enforcing the terms of this Agreement, including reasonable attorney’s fees, litigation
expenses, including experts’ fees and costs, and other costs which shall become part of
the lien against the Party.
CITY:
CITY OF DUBLIN
By:
Andrew C.Russell
AssistantPublicWorks Director/City
Engineer
Date
PROPERTY OWNER:
DUBLIN CROSSING, LLC
By:
___________________________________________________________________________________________________________________________
Typed or Printed Name
__________________________________
Date
(Attach Notary Acknowledgment)
EXHIBIT A – LEGAL DESCRIPTION OF PROPERTY
EXHIBIT B – STORM WATER MANAGEMENT PLAN for SCARLETT DRIVE
IMPROVEMENTS (September 26, 2018)
Storm Water Management Plan
for
Scarlett Drive Improvements
City of Dublin, Alameda County, California
Prepared For:
Dublin Crossing, LLC
500 La Gonda Way, Suite 100
Danville, CA 94526
Prepared By:
Ruggeri-Jensen-Azar
4690 Chabot Drive, Suite 200
Pleasanton, CA 94588
Date: September 26, 2018
C:\Users\pls_admin2\Desktop\REV Stormwater Management Plan.docx
SWMP – Scarlett Drive Page i September 2018
TABLE OF CONTENTS
I. INTROUDCTION .......................................................................................................... 1
II. PROJECT INFORMATION ............................................................................................. 2
A. Project Description .................................................................................................... 2
B. Size and Location ....................................................................................................... 2
C. Existing Site Features and Condition ......................................................................... 2
D. Pollutants of Concern ................................................................................................ 2
E. Site Design Consideration ......................................................................................... 3
1. Site Design Measures ........................................................................................... 3
2. Source Controls .................................................................................................... 3
3. Storm Water Treatment Measures ...................................................................... 3
4. Hydromodification Management ........................................................................ 4
III. STORM WATER TREATMENT & HYDROMODIIFICATION MANAGEMENT
EVALUATION .............................................................................................................. 5
A. Site Constraints .......................................................................................................... 5
B. Storm Water Treatment Measures Selection ............................................................ 5
1. Bio-Retention ....................................................................................................... 5
2. Silva Cells .............................................................................................................. 6
C. Hydromodification Management .............................................................................. 6
IV. BIO-RETENTION DESIGN ELEMENTS, MAINTENANCE REQUIREMENTS, AND INSPECTION
SCHEDULE .................................................................................................................. 7
A. Water Quality Treatment Floor Area ......................................................................... 7
B. Bioretention Mulch .................................................................................................... 8
C. Bioretention Soil ........................................................................................................ 8
D. Bioretention Vegetation ............................................................................................ 8
E. Drain Rock ................................................................................................................. 9
F. Underdrain ................................................................................................................. 9
G. Cleanouts ................................................................................................................... 9
H. Appropriate Drawdown Rates ................................................................................... 9
I. Overflow Inlet ............................................................................................................ 9
J. Non-Routine Maintenance ...................................................................................... 10
K. Sediment Accumulation ........................................................................................... 10
L. Documentation and Timing of Inspections .............................................................. 10
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V. SILVA CELL DESIGN ELEMENTS, MAINTENANCE REQUIREMENTS, AND INSPECTION
SCHEDULE ................................................................................................................ 12
A. Inlet System.............................................................................................................. 12
B. Distribution Pipe ...................................................................................................... 12
C. Silva Cell Modular Units ........................................................................................... 12
D. Soil Media ................................................................................................................ 1 3
E. Underdrain Pipe ....................................................................................................... 13
F. Trees/Vegetation ..................................................................................................... 13
G. Surface Treatment ................................................................................................... 14
H. Repairs to Silva Cells ................................................................................................ 14
I. Documentation and Timing of Inspections .............................................................. 14
VI. HYDROMODIFICATION DESIGN ELEMENTS, MAINTENANCE REQUIREMENTS, AND
INSPECTION SCHEDULE ............................................................................................. 16
A. Routine Maintenance .............................................................................................. 16
B. Non-Routine Maintenance ...................................................................................... 16
C. Sediment Accumulation ........................................................................................... 16
D. Documentation and Timing of Inspections .............................................................. 16
VII. OPERATION AND MAINTENANCE .............................................................................. 17
A. General ..................................................................................................................... 17
B. Staff Skills and Staffing ............................................................................................. 17
C. Records Retention.................................................................................................... 18
D. Safety ....................................................................................................................... 18
E. Annual Report ......................................................................................................... 18
APPENDICIES
Appendix A – Scarlett Drive Improvement Plans
Appendix B – Vicinity Map
Appendix C – Storm Water Management Site Plan
Appendix D – Silva Cells Details
Appendix E – Bio-Retention Inspection and Maintenance Checklist
Appendix F – Silva Cells Inspection and Maintenance Checklist
Appendix G – Hydromodification and Inspection Maintenance Checklist
Appendix H – Sample Annual Inspection Report
Appendix I – Sandy Loam Soil Specifications
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I. INTRODUCTION
Urban storm water runoff is a significant source of pollution to the nation’s water. In
1987, congress began to address this issue by requiring municipal storm water programs
to obtain National Pollutant Discharge Elimination System (NPDES) permits. This
resulted in local requirements for storm runoff from development projects. The San
Francisco Bay Regional Water Quality Control Board adopted a Municipal Regional
Permit (MRP) in October 14, 2009. The MRP consolidates and updates storm water
requirements for Bay Area municipalities and require local agencies apply storm water
requirements to development projects.
Pursuant to the MRP requirements, development projects fitting the category
description listed in the Provision C.3.b.ii (regulated projects) must implement best
management practices (BMPs), post construction storm water treatment measures
minimizing long term water quality impacts by using site design and source control
measures to keep pollutants out of storm water runoff, and provide hydromodification
management to prevent an increase in the erosion potential of the receiving streams
over the pre-existing condition. Furthermore, changes to the permit (starting
December 1, 2011) requires storm water treatment measures to use low impact
development (LID) such as evapotranspiration and/or rain water harvesting and reuse.
Where this is infeasible, landscape based treatment such as bio-retention, flow thru
planters or rain garden shall be used to meet the permit requirements.
The purpose of this Storm Water Management Plan (SWMP) is to provide selection,
preliminary design and general guidance for the operation and maintenance of post
construction storm water treatment measures to meet the C.3 provision and permit
requirements to the maximum extent practicable for the storm runoff generated from
the impervious surfaces for this project.
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II. PROJECT INFORMATION
A. Project Description
The proposed project consists of widening and extension of a City public street,
Scarlett Drive, from an existing 2-lane street to a collector road consisting of 4
through lanes, left or right turn lanes, bike lanes with landscape medians,
parkway strips, sidewalk and reconstruction of Iron Horse Trail and associated
underground infrastructure improvements. As a part of this project,
approximately 2,100±LF of existing drainage ditches will be replaced to the
parkway strips adjacent to the new Iron Horse Trail and sidewalk.
The new drainage ditches will be entirely located within the Scarlett Drive public
street right-of-way but will be maintained by the Dublin Crossing master HOA.
The City as a part of the project approval will execute a maintenance agreement
with the Dublin Crossing developer/master HOA who will provide the funding
and long term maintenance of these drainage ditches, which will involve period
visual inspections, scheduled mowing, trash pickup, sediment or debris removal
to ensure the overflow inlets are not blocked and function properly to discharge
the storm runoff.
The construction drawings for the proposed project are included in Appendix A
for reference.
B. Size and Location
The project is approximately 2,400± feet in length and is located adjacent to the
Dublin Crossing Development between Dougherty Road and Dublin Boulevard in
the City of Dublin, Alameda County. A vicinity map is included in Appendix B for
reference.
C. Existing Site Features and Condition
The project site is generally flat and currently consists of a 2-lane street
(between Dougherty Road and Houston Place) and a 12-foot wide asphalt paved
path providing pedestrian connection from Dougherty Road to Dublin Boulevard.
In addition, there are two drainage ditches currently existing on the project site
intercepting local drainage runoff within and/or adjacent to the project site and
discharging the water into an existing 2 – 8’x8’ underground box culvert under
Dublin Boulevard.
D. Pollutants of Concern
Pollutants of concern from this project include oil, grease, sediments, pesticides,
fertilizer, and trash. The post construction storm water treatment measures
should be designed to remove and minimize these pollutants from entering into
the underground storm drains.
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E. Site Design Consideration
1. Site Design Measures
Site design measures are site planning techniques to help reduce storm
water pollutants and reduce impervious surfaces of development sites. The
following site design measures could be implemented:
x reduce impervious surfaces
x maximum use of landscaping
x direct storm water runoff generated by the proposed impervious surfaces
to LID treatment areas.
2. Source Controls
Source controls prevent potential pollutant sources from contacting rainfall
and storm water. Source control measures consist of structural or
operational “good housekeeping” practices. The following source control
measures could be implemented:
x Pest resistant landscaping.
x Select planting materials to site specific characteristics such as soil type,
climate, prevailing wind, sunlight, or rainfall to ensure successful
establishment.
x Regular sweeping of streets and sidewalk to minimize accumulation of
litter or debris.
x Routine inspection and cleaning of storm water inlets.
x Storm drain inlets clearly marked “no dumping – drains to bay”.
x Proper maintenance of landscaping with minimal pesticide and fertilizer
use.
x Project CC&R’s or education materials to inform tenants and/or building
owners that no person shall dispose of, or permit the disposal, directly or
indirectly of vehicle fluids, hazardous materials or rinsed water from
tools, equipment, or trash cans into storm drains.
x Regularly mow grass in bio-retention areas and remove clippings from
the site.
3. Storm Water Treatment Measures
Storm water treatment measures are landscape based engineered treatment
system to remove pollutants from storm water using natural process such as
infiltration, ponding, flow-thru, or sedimentation. Storm water treatment
measures must be sized to comply with provision C.3 and the Alameda
County C.3 Storm Water Technical Guidance. The proposed project will
generate impervious surfaces that would be required to be treated using
landscaped base C.3 treatment measures. Selection, preliminary design and
calculations of the proposed C.3 storm water treatment measures
are outlined in more details in Sections III and IV below.
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4. Hydromodification Management
Hydromodification management (HM) include site design and source control
measures that promote infiltration or minimize change in the rate and flow
of runoff, when compared to pre-construction condition, and to minimize
downstream channel sediment and erosion. Due to the clayey nature of soil
condition, infiltration is determined to be infeasible. Therefore,
underground oversized 60” storage pipes are proposed to mitigate increase
in runoff flow due to increase in the impervious surface. Preliminary design
and calculations of the storage volumes are outlined in more detail in
Sections III and V below.
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III. STORM WATER TREATMENT & HYDROMODIFICATION MANAGEMENT EVALUATION
A. Site Constraints
1. The low permeability and high clay content of the project site soil combined
with high ground water table make it undesirable to promote infiltration.
2. Parkway strips and/or open landscape areas are limited where these areas
could be utilized for LID treatment areas.
3. Due to the fact that this is a roadway improvement project, promoting
pedestrian connectivity with paved path and sidewalk which minimize
available space for treatment measures and hydromodification management
storage facilities.
B. Storm Water Treatment Measures
Given the constraints of the project site and the goal of LID to reduce storm
water runoff and mimic pre-construction hydrology, bio-retention and silva cells
are selected to treat and reduce storm water pollutants from entering into the
underground storm drains. Runoff from the new roadway impervious surface is
designed to sheet flow across the pavement into the selected storm water
treatment measures prior to discharging into the underground storm drains.
The two treatment measures are described below:
1. Bio-retention
Bioretention treatment areas function as soil- and plant-based filtration that
removes pollutants through a variety of physical, biological, and chemical
process. These facilities consist of a 3-inch layer of non-floatable, aged bark
ground cover or pea stone ground cover, planted landscaping (primarily
grasses, shrubs and trees) from the approved Bay Friendly C.3 plant list, 18”
of sandy loam soil (with a minimum percolation rate of 5 inches/hour and a
maximum percolation rate of 10 inches/hour), 12” of drain rock, and under
drains. The storm water runoff from impervious surface is directed and
passed through the bioretention areas and distributed evenly along a
ponding area. Storm water runoff will percolate through the sandy loam
treatment soil, eventually captured by the under drains, and discharged into
the underground storm drains. Details for bio-retention are shown on the
Storm Water Site Plan included in Appendix C for reference.
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2. Silva Cells
Silva cell is a modular suspended system consisting of a base, posts and a
deck that uses soil volumes to support tree growth and provide storm water
treatment thru infiltration and absorption. The silva cell product is consistent
with the design details reviewed and approved by the RWQCB as an accepted
method of incorporating bio-retention under paved or hardscape surfaces.
The assembled cells transfer vertical loads downward to a sub-base thru the
posts. Silva cells acts like an “underground bio-retention system.” Voids in
the cells allow treatment soils (same specifications as bio-retention noted
above) be filled and easy movement of water in and through the
system. The void space between the top of treatment soil and the deck of
the cells will provide ponding depths before storm water runoff infiltrate
through the treatment soil. Details and product information sheets of the
silva cells are included in Appendix D for reference.
C. Hydromodification Management
Provision C.3.g.iv identified three types of hydromodification management:
1. On-site controls
2. Regional controls
3. In-stream measures
The proposed project will address hydromodification management impacts
through the on-site controls approach which consists of:
x On-site LID features and facilities, which are generally included to meet
storm water treatment requirements such as bio-retention or silva cells
employed in this project. These features will contribute to
hydromodification management by detaining runoff using the ponding within
the LID features.
x On-site structural hydromodification management measures, which manage
excess runoff after hydrologic source control measures are applied. These
“end of pipe” measures anticipate the effects of hydrograph changes. Storm
water is temporarily detained, and gradually discharged to off-site storm
drain system.
For this proposed project, oversized underground storage pipes consisting of 60”
HDPE pipes are utilized to meet this requirement.
Storm Water Management Site Plans based on above discussed treatment and
storage facilities are included in Appendix C for reference.
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IV. BIO-RETENTION DESIGN ELEMENTS, MAINTENANCE REQUIREMENTS, AND INSPECTION
SCHEDULE
Typical design of a bioretention shall include a 3-inch layer of “arbor,” “aged,” or
“composted” mulch that will reside above the design finish grade of the facility floor at
the surface of any exposed soil areas between plantings. The vegetation should be
facility-specific plantings into an 18-inch layer of specified bioretention soil. A 12-inch
layer of underlying drain rock, an underdrain pipe and a low-flow orifice provides
passage from the bio-retention into the receiving waters for bioremediated water not
held within the soil matrix. Water-quality treatment is achieved through percolation of
the storm water runoff through the bioretention mulch, plantings, soil, and rock layers.
Suspended solids and heavy metals are removed by filtering through vegetation and by
particle settlement. Dissolved constituents are removed through chemical or biological
mechanisms mediated by the vegetation and bioretention soils. Photodegradation,
adsorption and other processes remove oils, greases and other organics. Very low
permeability of the Project soils may limit infiltration beyond the drain rock layer into
native soils. With no known groundwater in the area, no liners will be placed under the
bioretention facilities.
Proper function and efficacy of the facilities relies on several important design elements
including the following:
A. Water-quality Treatment Floor Area: The primary floor area for each individual
facility has been sized in accordance with provision C.3 and the Alameda C.3
Storm Water Technical Guidance. The floor area must not be reduced or
modified from original design. In order for the facility to properly function, the
runoff onto the floor must be uniformly distributed, without excessive velocities
that can lead to erosion and mobilization of already deposited material. This
requires careful grading at construction, and may require periodic redistribution
and replenishment of mulch and soils to maintain a uniform basin floor. The
floor should be kept clear of debris, trash, and obstructions and any erosion
should be repaired noted and repaired.
At the curb inlets to the treatment floor, 4 to 6-inch size cobbles should be
placed in a 2'x2' area in front of all curb cuts. There should be a “drop” from
pavement grade to cobble Debris built up at the cobbles and curb cut shall be
removed to allow for the 4-inch drop.
x Inspect and perform maintenance - Monthly
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B. Bioretention Mulch: Proper soil formulation and maintenance is critical for the
success of a bioretention facility, including maintenance of a 3-inch “arbor,”
“aged,” or “composted” mulch layer at ground surface. The mulch layer should
cover all soils where plants are not present and shall be checked and
redistributed or replenished as needed. As the mulch natural decomposes, it
must be replaced to a level of 3 inches above the soil, across the entire floor.
x Inspect and perform maintenance - Three times per year
C. Bioretention Soil: It is critical that all soils in each bioretention facility meet the
soil specifications set forth in Alameda C.3 Storm Water Technical Guidance. The
engineered soil in each bioretention facility is to be at minimum 18 inches deep.
Bioretention facilities are designed to have a long-term percolation rate of five
inches per hour, so infiltration rates should be initially higher to allow for the
tendency of infiltration rates to reduce over time. When the entire soil bed must
be replaced (see Appropriate drawdown rates, below), the used soil must first be
tested using the toxic characteristics leaching procedure (TCLP) per EPA
regulations (40 CFR Part 261) or most current standard (refer to www.epa.gov),
and, if above thresholds, disposed of at an approved remediation facility.
x Inspect and perform maintenance - Three times per year
D. Bioretention Vegetation: Vegetation plays an important role in storm water
treatment facilities by promoting infiltration, evapotranspiration, sedimentation,
trapping of pollutants, phytoremediation, and soil stabilization, and by providing
aesthetic benefits. Selection of proper plantings and early care and maintenance
is critical for the establishment and success of the biota in a bioretention facility.
Planting guidance set forth in Alameda C.3 Storm Water Technical Guidance
should be followed. California native grasses that tolerate the annual dry-
summer drought conditions are preferred within the facilities. Supplemental
irrigation during dry conditions may be required, as the engineered fast-draining
soils required of the bioretention facilities are not native soils. No shrubs or trees
should be planted or allowed to grow opportunistically within the basin bottoms.
No invasive species, including invasive grasses, invasive herbaceous or emergent
plants, invasive shrubs or tree species should be planted or allowed to grow
opportunistically on the facility floors. Diseased vegetation shall be treated, as
needed, using preventative and low-toxic measures to the extent possible, and
replace any dead plants.
x Inspect and perform maintenance – Three times per year
E. Drain Rock: Below the bioretention soil layer is a 12-inch thick layer of Caltrans
Standard Section 68-1.025 permeable material Class 2 drain rock as specified in
the Alameda C.3 Storm Water Technical Guidance. The drain rock assists in
avoiding clogging of the underdrain system.
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x Inspect and perform maintenance - Three times per year
F. Underdrain: The lateral underdrains consist of minimum 4-inch diameter
perforated PVC pipes that allow water to gravity flow to the low-flow outlet
orifice. The underdrain system promotes infiltration into the bioretention soils.
x Inspect and perform maintenance - Three times per year
G. Cleanouts: Cleanouts are located at the ends of the PVC pipes and are installed
to allow above-surface access to the underdrains for routine maintenance. In the
event that drawdown rates are found to be too slow, clogging of the PVC pipes is
one likely reason. The cleanouts are to be utilized to clear the pipes.
x Inspect and perform maintenance - Three times per year
H. Appropriate Drawdown Rates: The facilities are intended to remove pollutants
via filtration through bioretention vegetation and the soil layer. Flow regulation
is achieved through the effective bioretention percolation rate, as well as the use
of the underdrain system and low-flow outlet orifice. Drawdown times in excess
of six hours following a rainfall event are indications of clogging or blockage of
one or a combination of the underdrain, the bioretention soil or the low-flow
outlet orifice. A staff plate shall be installed in the bioretention facility so that
water levels during and after storm events can be recorded and drawdown rates
calculated. Slow drawdown rates following a storm event may require non-
routine maintenance activities to correct the slow rates, including, but not
limited to cleaning out the underdrains, removing fine-grained sedimentation in
the mulch layer and soil layer and clearing blockages from the low-flow outlet
orifice. If ponded water does not drain within five days, remove surface soils and
replace with sand. If mosquito larvae are observed, contact the Alameda County
Mosquito Abatement District at 510/783-7744.
x Inspect and perform maintenance – Monthly during rainy season
I. Overflow Inlet: The bioretention facilities have been designed to treat and drain
the required runoff water-quality volume, however, the limiting percolation rate
of the engineered soil does not allow the underdrain system to fully
accommodate larger storm events. Therefore, an overflow inlet has been
included as part of the outlet structure for each facility. The inlet is designed to
allow approximately 6 inches of surface ponding before sending excess water
directly to the outfall. If blockages are noticed during inspections, the
obstructions must be removed.
x Inspect and perform maintenance – Monthly
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J. Non-Routine Maintenance: When obstructions, or other conditions have cause
a blockage in the bioretention facility such that the facility has ceased to drain,
maintenance personal should be contacted for a non-routine maintenance visit
within 48 hours to remove obstructions during the wet season, and within 7 days
during the dry season.
K. Sediment Accumulation: Inspections for sediment shall occur during the routine
inspection of the treatment floor area. The highest chance for the accumulation
of sediment will likely be early in the development of the site, when construction
is occurring near the newly installed facilities. Heavy loads of sediment could also
be introduced to the facility gradually. Sediments on top of the mulch/ soil layer
should be removed, as such sediments may affect infiltration and drainage rates.
If the amount of sediment that has collected is estimated to exceed a depth of 2
inches, even a small patch, the sediment will require removal. Sediment removal
should be carried out using proven techniques familiar to the maintenance staff,
or by sub-contracting the task to a reputable firm that has experience in such
techniques. Inspection of the degree of sedimentation will dictate how much of
the mulch layer and the soil layer will need to be removed, or partially removed,
and replaced. If fine sediments are present on top of the soil layer, then mulch
will need to be replaced in that area. If fine sediments are present in the soil
layer, then the soil column will have to be inspected, and it shall be determined
how much of the soils will need to be removed and replaced.
L. Documentation and Timing of Inspections: All inspections and records of
maintenance will be recorded on the Bioretention Inspection and Maintenance
Checklist located in Appendix E. Table 2, below, summarizes the inspection
schedule for the key design elements described, above. For design elements that
require three visits per year, it is suggested that two of the three routine
monitoring visits be scheduled during the wet season. The wet season visits
should be scheduled for the months of December and February when wet
conditions are generally expected so that draw down durations can be observed.
A dry season inspection should occur preferably no sooner than August or later
than September so that any remedial actions can be completed prior to the
ensuing rainy season.
Table 2. Frequency of Inspections of Key Bioretention Design Elements
Key Design Element Frequency of Inspection
Water-quality treatment floor area Monthly
Bioretention mulch Three times per year
Bioretention soil Three times per year
Bioretention vegetation Three times per year
Drain rock Three times per year
Underdrain Three times per year
Cleanouts Three times per year
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Key Design Element Frequency of Inspection
Appropriate drawdown rates Monthly during rainy season
Overflow inlet Monthly
.
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V. SILVA CELL DESIGN ELEMENTS, MAINTENANCE REQUIREMENTS, AND INSPECTION
SCHEDULE
Key components of the Silva Cell system include the inlet structures, distribution pipes,
the modular Silva Cell units and frames, fill soils, underdrain pipe, flow control
structures, trees/vegetation, and surface treatments. Intended general design functions
and maintenance considerations for each of these key components are discussed below.
Proper function and efficacy of the Silva Cells relies on several important design
elements including the following:
A. Inlet System: Silva Cell inlet systems can be designed to allow storm water
runoff to flow into the facility in a number of ways. Water can sheet flow from
adjacent hardened surfaces, infiltrate via overlying or adjacent permeable
surfaces, flow through curb cuts, or be piped from a catch basin, roof drains, or
yard drains. Some of the Dublin Crossing Silva Cells use low-flow inlets that must
be properly maintained to allow storm water runoff from the intended
contributing drainage area to enter the facility. Key maintenance considerations
include providing pre-treatment through temporary erosion and sedimentation
control measures in the tributary drainage basin during construction and long-
term pre-treatment through stabilization of open soil areas in the tributary basin
with plants or mulch and maintenance of inlet capacity by removing sediment,
trash, and debris from inlets and the contributing drainage area.
x Inspect and perform maintenance – Monthly
B. Distribution Pipe: The Dublin Crossing Silva Cells utilize 4-inch distribution pipes
to distribute inflows across the surface of the facility. The pipes are perforated or
slotted pipes installed on top of ½-inch drain rock. Maintenance activities should
preserve the ability of the pipe to distribute the water effectively by removing
clogs and repairing or replacing cracked or broken pipes as needed.
x Inspect and perform maintenance – Three times per year
C. Silva Cell Modular Units: Silva Cell modular units are made from fiberglass-
reinforced, chemically-coupled, impact-modified polypropylene with galvanized
steel tubes. Each module provides a 92% void volume, which is backfilled with a
specified type and depth of soil media to support tree growth and promote
storm water management. When used in a typical pedestrian application, the
Silva Cell system has an estimated design life of approximately 100 years
(DeepRoot 2014). The units themselves are not expected to require maintenance
within that design life duration when properly designed and installed.
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D. Soil Media: The soil media filled within the Silva Cell units performs critical
functions of supporting tree growth and managing storm water runoff. Organic
matter in the soil media is important for both of these functions; because it
helps trees build soil structure, provides a nutrient reservoir, and increases soil
water holding capacity. In order to preserve a healthy balance of soil organic
matter and soil biology, excess soil compaction must be prevented and proper
drainage through the system must be maintained. Silva Cells protect soils under
pavement from excessive compaction by providing a post and beam structure
that supports the pavement, allowing the soil media backfill to be lightly
compacted. The lightly compacted soil media creates a healthy rooting
environment for trees, which deliver increasing amounts of organic content to
the soil system as the roots grow and decay. Storm water inputs also deliver
nutrients, such as nitrogen and phosphorus, helping to maintain soil organic
matter over time.
Routine maintenance of the soil media is generally not needed provided the
installation process of the Cell and soil has been carried out correctly and the
inlet and distribution systems are properly designed, installed, and maintained.
However, if soils must be replaced, they must be in compliance with the soils
specification outline in Appendix K of the Alameda County C.3 Storm Water
Technical Guidebook, attached in Appendix I.
E. Underdrain Pipe: Silva Cells include underdrains when infiltration of treated
storm water runoff into native soil is not feasible or not desirable. The
underdrains are located near the bottom of the facility and consist of a 4-inch
SDR – 35 PVC perforated pipe. The pipe is located within an aggregate filter
blanket layer. Proper design and specification of the aggregate filter blanket or
geotextile liner is critical to minimizing or preventing fines from the soil media or
the native site soils from clogging the pipe. Blockages in the pipe must be
removed.
x Inspect and perform maintenance – Three times per year
F. Trees / Vegetation: Silva Cells fundamentally promote tree growth, and are
typically designed with one or more trees that are planted either in the facility or
next to the facility in a way that allows the roots to grow into the soil media.
Properly designed Silva Cells provide the needed soil volume and quality, water
flow, and air flow to allow the trees to reach their true mature size. As healthy
trees grow, their canopies provide increasing capacity over time for interception,
storage, and evapotranspiration. As the roots grow, they increase the trees’
ability to uptake storm water and associated pollutants and enhance infiltration
by maintaining macropores in the soil column. Maintaining the trees as part of
the Silva Cell system is therefore important to the overall performance of the
facility over time. Trees and vegetation adapted to site conditions, such as
climate, hydrology, and soil type, should be selected wherever possible to
reduce chemical inputs and reduce or eliminate the need for watering. Proper
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maintenance of the inlet system and distribution system are also important to
maintaining trees and vegetation properly watered. Similarly, proper
maintenance of the underdrain pipe and flow control devices is important to
maintaining desired watering regimes and draw-down rates.
x Inspect and perform maintenance –
Check tree health – Annually
Remove weeds – Monthly
G. Surface Treatment: Silva Cells can be designed to provide structural support for
a variety of surface treatment types, including hard surfaces (e.g., permeable or
impermeable asphalt, concrete, pavers, etc.) or natural surfaces (e.g., soil, lawn,
vegetation). At the Dublin Crossing Project, the natural surface component of the
Silva Cells will consist of 1 to 2 inches of mulch above the tree pit. The much
must be retained to cover all soil. As the much decomposes it must be replaced.
x Inspect and perform maintenance – Monthly
H. Repairs to Silva Cells: As the Silva Cell is a system that interacts with other
infrastructure, repairs to adjacent elements, such as paving surfaces or utilities
and services, must be undertaken with an understanding of the site-specific
installation. Repairs to all system components and adjacent or nearby elements
should be done per local guidelines and details shown on the Storm Water
Management Site Plan in Appendix C.
Each Silva Cell stack is independent of the Silva Cell stack adjacent to it.
Therefore, if an individual stack is disturbed, the entire system is generally not
expected to be compromised.
The Silva Cell Operations Manual (DeepRoot 2011), included in Appendix A,
provides general information on how to protect installed Silva Cell systems,
manage utilities in the vicinity of installed systems, repair or replace overlying
pavement, and remove or replace Silva Cells and trees as needed.
I. Documentation and Timing of Inspections: All inspections and records of
maintenance will be recorded on the Silva Cell Inspection and Maintenance
Checklist located in Appendix F. Table 3, below, summarizes the inspection
schedule for the key design elements described, above. For design elements that
require three visits per year, it is suggested that two of the three routine
monitoring visits be scheduled during the wet season. The wet season visits
should be scheduled for the months of December and February when wet
conditions are generally expected so that potential blockages can be observed. A
dry season inspection should occur preferably no sooner than August or later
than September so that any remedial actions can be completed prior to the
ensuing rainy season.
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Table 3. Frequency of Inspections of Key Silva Cell Design Elements
Key Design Element Frequency of Inspection
Inlet system Monthly
Distribution Pipe Three times per year
Silva Cell Modular Units As needed
Soil Media As needed
Underdrain Pipe Three times per year
Trees / Vegetation
Check tree health Annually
Remove weeds Monthly
Surface Treatment Monthly
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VI. HYDROMODIFICATION DESIGN ELEMENTS, MAINTENANCE REQUIREMENTS, AND
INSPECTION SCHEDULE
A. Routine Maintenance: The Hydromodification facilities shall be inspected prior
to the start of every rainy season (prior to October 1st). The inlet and outlet pipes
to the HM structures shall be checked for any blockages or damage. The outlet
structure containing the weir and orifice control devices shall be inspected for
sediment accumulation and shall be cleaned by vacuum apparatus or by hand
removal prior to the start of each rainy season.
B. Non-Routine Maintenance: When obstructions, or other conditions have
caused a blockage in the hydromodification facility such that the facility has
ceased to drain, maintenance personal should be contacted for a non-routine
maintenance visit within 48 hours to remove obstructions during the wet season,
and within 7 days during the dry season.
C. Sediment Accumulation: Inspections for sediment shall occur prior to each rainy
season (October 1st). The highest chance for the accumulation of sediment will
likely be early in the development of the site, when construction is occurring
near the newly installed facilities. Heavy loads of sediment could also be
introduce to the facility gradually. Sediment removal should be carried out using
proven techniques familiar to the maintenance staff, or by sub-contracting the
task to a reputable firm that has experience in such techniques.
D. Documentation and Timing of Inspections: All inspections and records of
maintenance will be recorded on the Hydromodification Inspection and
Maintenance Checklist located in Appendix G. Table 4, below, summarizes the
inspection schedule for the key design elements described, above.
Table 4. Frequency of Inspections of Hydromodification Design Elements
Key Design Element Frequency of Inspection
Weir structure Yearly, prior to rainy season
Orifice structure Yearly, prior to rainy season
Inlet / Outlet pipes Yearly, prior to rainy season
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VII. OPERATION AND MAINTENANCE
A. General
Maintenance is essential for assuring the storm water treatment measures and
hydromodification management facilities function effectively and do not cause
flooding, provide habitat for mosquitos or otherwise become a nuisance. The
master homeowners association (HOA) contracted with a City approved list of
maintenance contractors or the City will be responsible for providing proper
maintenance for these post-construction storm water treatment measures and
hydromodification management devices. An Operation and Maintenance (O&M)
Agreement will be executed with the City by the master HOA accepting
responsibility for maintenance of the portion of storm water treatment facilities
HOA is responsible for maintaining as well as ensuring access by the City, Water
Board, Alameda County Mosquito Abatement District or Vector Control District
for routine inspection.
B. Staff Skills and Staffing
The skills and staff required to inspect and maintain the storm water facilities
will vary depending on the type of inspection being conducted. Routine
maintenance and inspection activities for the above-ground features will
generally be similar to that of a street tree, planter strip, or sidewalk. Routine
maintenance for the below-ground features will generally be similar to that of an
underdrain or footing drain system.
Staff will receive training specific to the treatment control type to be
inspected/maintained, and shall review the requirements in this Manual.
The Table 1, below, summarizes the staffing resources that may be required for
routine maintenance and inspection activities:
Table 1. Inspection and Maintenance Staff Skills
Maintenance Activity Staff Skills
Landscaping
Staff must have appropriate landscaping
skills, including plant care, watering, and
weeding, based on the trees/vegetation
present; staff must have the ability to identify
plants, weeds, and invasive weed species and
have knowledge of the timing of weed
seeding and growing periods.
Pruning and tree care Staff conducting pruning and tree care activates
should be a certified arborist or have equivalent
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Pest Management Staff conducting pest management activities
must be able to identify pests applicable to
the region and be familiar with methods to
address those issues.
Erosion Control Staff must have general knowledge of
identifying sources of erosion,
prevention methods, and removal
methods.
Drainage System
Maintenance
Staff inspecting drainage system must have
general knowledge of the drainage system
components included in the facility, specific
knowledge of how the facility was built and its
intended to function, and maintenance
history.
C. Records Retention
Inspection records will be kept in the Homeowner's Association Management
office. Records will be made available to City staff at the annual inspection.
Records shall be retained for no less than ten years.
D. Safety
The maintenance staff shall be instructed periodically in safety procedures, per
CalOSHA requirements. High-visibility safety vests must be worn while inspecting
or maintaining the facilities. Traffic controls may be required for some activities.
E. Annual Report
A summary report of each year’s monitoring and maintenance activities
associated with the facilities shall be prepared annually after the summer
inspection to properly document the condition of the bioretention facilities and
Silva Cells in performing storm water functions during the previous rainy season.
And reporting on the conditions of the Hydromodification facilities. Reports shall
be written in accordance with the hydrologic water year, which is defined as
October 1st of the previous year (start of the wet season) through September
30th (end of dry season) of the current year. Each annual report should be
completed by each December 31st following the end of the dry season activities.
Annual monitoring reports are to be written by the designated contact identified
in Section IV. or their representatives, and retained by the master HOA,
according to monitoring and maintenance responsibilities set forth in this
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document. Annual monitoring reports should be used to keep track of the
performance of the facilities under varying wet and dry season conditions.
Copies of all of the monitoring checklists shall be attached to the annual report,
and the report shall summarize the maintenance activities that were carried out
during the previous year. If the inspection staff and designated responsible
person determine that there needs to be any permanent revisions to the
monitoring and maintenance guidelines put forth in this document, then the
annual report will include a description of such revisions.
A sample of the Annual Inspection Report is included Appendix H for reference.
Appendix A
Scarlett Drive Improvement Plans
Appendix B
Vicinity Map
Appendix C
Storm Water Management Site Plan
SECTION A-A
PLAN
AA
Appendix D
Silva Cells Details
Appendix E
Bio-Retention Inspection and Maintenance Checklist
Bioretention Area
Inspection and Maintenance Checklist
Property Address: Property Owner:
Treatment Measure No.: Date of Inspection: Type of Inspection: Monthly Pre-Wet Season After heavy runoff End of Wet Season
Inspector(s): Other:
Defect Conditions When Maintenance Is
Needed
Maintenance
Needed?(Y/N)
Comments (Describe maintenance
completed and if needed maintenance was
not conducted, note when it will be done)
Results Expected When
Maintenance Is Performed
1. Standing Water When water stands in the bioretention
area between storms and does not
drain within five days after rainfall.
There should be no areas of
standing water once inflow has
ceased. Any of the following may
apply: sediment or trash blockages
removed, improved grade from head
to foot of bioretention area, or added
underdrains.
2. Trash and Debris
Accumulation
Trash and debris accumulated in the
bioretention area.
Trash and debris removed from
bioretention area and disposed of
properly.
3. Sediment Evidence of sedimentation in
bioretention area.
Material removed so that there is no
clogging or blockage. Material is
disposed of properly.
4. Erosion Channels have formed around inlets,
there are areas of bare soil, and/or
other evidence of erosion.
Obstructions and sediment removed
so that water flows freely and
disperses over a wide area.
Obstructions and sediment are
disposed of properly.
5. Vegetation Vegetation is dead, diseased and/or
overgrown.
Vegetation is healthy and attractive
in appearance.
6. Cobblestone Cobble stone is missing or patchy in
appearance. Areas of bare earth are
exposed, or cobble stone layer is less
than 3 inches in depth.
All bare earth is covered, except
cobble stone is kept 6 inches away
from trunks of trees and shrubs.
Cobble stone is even in appearance,
at a depth of 3 inches.
7. Irrigation Irrigation system is not working
properly.
Repair as needed and confirm
irrigation system works properly.
8. Soil shrinkage The soil surface is more than 6” below
overflow drain.
Add biotreatment soil mix (specified
in C.3 Technical Guidance Appendix
K), so that soil is at proper depth
(top of mulch is typically 6 inches
below the overflow outlet).
9. Overlfow Pipe to
Outlet to Storm
Drain
Excess fire flows are not conveyed
safely to storm drain. Piping is
damaged or disconnected.
Repair the overflow pipe or remove
material clogging the overflow outlet,
so that excess flow is conveyed
efficiently to storm drain.
10. Miscellaneous Any condition not covered above that
needs attention in order for the
bioretention area to function as
designed.
Meet the design specifications.
Appendix F
Silva Cells Inspection and Maintenance Checklist
Silva Cells
Inspection and Maintenance Checklist
Property Address: Property Owner:
Treatment Measure No.: Date of Inspection: Inspector(s):
Type of Inspection: Monthly Pre-Wet Season After Major Storm
End of Wet Season Other:
Type of Treatment Measure: Silva Cell
Conditions When Maintenance Is Needed
Maintenance
Needed?(Y/N)Comments* Results Expected When Maintenance is
Performed
Facility shows signs of damage from external
source (i.e., excessive loading from the surface,
nearby construction, or similar)
Repair damaged component (refer to the Protection
and Maintenance section of the Silva Cell Operations
Manual included in Appendix B, pages 9-11).
Evidence of clogging, standing water,
accumulation of sediment, debris, or trash
As needed.
Water is not being directed properly to or out
of the Silva Cell facility
Remove any blockages and clean pipe as
needed.
Where applicable- Energy dissipation (i.e.,
splash block, rock, or cobbles) is removed or
missing and concentrated flows are being
directed into the facility improperly
Replace or restore the energy dissipation
component of the facility to the original design.
Water is not passing through the flow
restrictor per the design flow rate
Remove material causing the blockage and repair
component as needed.
Water is not being distributed within the
facility per design
Remove blockages from pipes (e.g., jet clean,
rotary cut roots/debris).
Water is not being drained through the
underdrain pipes per design
Remove blockages from pipes (e.g., jet clean, rotary
cut roots/debris).
Tree requires pruning for safety reasons, to
promote healthy growth or to prevent the tree
from growing in an undesirable manner
Prune tree as needed for safety to promote healthy
growth and to avoid conflicts with adjacent features
(i.e., power lines, clearances from buildings or
sidewalk, or similar). Pruning should be performed by
a landscape professional that has experience
pruning trees and per the guidance of an arborist
certified by the International Society of Arboriculture.
Conditions When Maintenance Is Needed
Maintenance
Needed?(Y/N)Comments* Results Expected When Maintenance is
Performed
Signs of potential danger include broken, dead,
or hanging branches, cracks, fungi, cavities,
weak trunk or branch unions.
Remove components of the facility above the frames
and decks in a manner that minimizes damage to the
facility. Use HydroVac and hand tools to remove soil
if soil removal is needed. Cut and remove roots as
directed by an arborist. Do not cut or damage
frames. Install new tree and Silva Cell components
as needed to restore the facility to its designed
configuration.
Check tree for mower and weed whip
damage, vandal damage, and animal
damage, vandal. Inspect leaves, branches,
crown and trunk for signs of insect or disease
problems.
Diagnose cause of problem: e.g. mower and weed
whip damage, vandal damage, animal damage, over-
or under-watering, pest or and trunk for signs of insect
or disease, soil problems, etc., and remedy
Girding roots are found Remove girding roots
There is soil or mulch on the root collar Clean soil or mulch off root collar until the first set of
roots is found, take care not to harm roots.
Tree is dying, dead, diseased, or has become
a safety hazard.
Remove components of the facility above the
frames and decks in a manner that minimized
damage to the facility. Use HydroVac and hand
tools to remove soil. Cut and remove roots as
directed by an arborist. Do not cut or damage frames
(or base and posts). Install new tree and Silva Cell
components as needed to restore the facility to its
designed configuration. Refer to
the Protection and Maintenance section of the Silva
Cell Operations Manual included in Appendix B.
Dying, dead or unhealthy plants Remove and replace dying, dead or unhealthy
plants.
Weeds present in the facility Remove weeds as necessary. Noxious weeds
should be removed in accordance with local
standards. Avoid using herbicides and pesticides
in an effort to protect water quality.
Mulch layer has bare spots or a depth less
than two inches (50 mm)
Cover bare spots and replenish mulch as required.
Conditions When Maintenance Is Needed
Maintenance
Needed?(Y/N)Comments* Results Expected When Maintenance is
Performed
Tree/vegetation shows signs of being
deprived of water or watering is anticipated
during prolonged dry periods
Water frequency will vary depending on species,
climate, and site conditions. Water
appropriately to maintain a health of the tree or
vegetation. Ensure water is reaching the entire soil
column and perimeter, not just the tree opening.
Damage or erosion caused by animals Remove/reduce the item that is attracting the
nuisance animals. Consider placing decoy
predator species or pet waste bag stations to
promote responsible activities.
Tree/vegetation shows signs of wilting,
chewing of bark, spotting, or other indicators
appropriate for the region.
Remove diseased or dead plants. Remove or
reduce the source attracting the insects if possible.
Follow the pest management procedures
appropriate for the region.
(Describe maintenance completed and if needed maintenance was not conducted, note when it will be done)
Appendix G
Hydromodification Inspection and Maintenance Checklist
Hydromodification
Inspection and Maintenance
Checklist
Property Address: Property Owner:
Treatment Measure No.: Date of Inspection: Inspector(s):
Type of Inspection: Monthly Pre-Wet Season After Major Storm
End of Wet Season Other:
Conditions When Maintenance Is Needed
Maintenance
Needed?(Y/N)Comments* Results Expected When Maintenance is
Performed
Facility shows signs of damage (i.e., excessive
loading from the surface, nearby construction, or
similar).
Repair damaged component as necessary.
Evidence of clogging, standing water,
accumulation of sediment, debris, or trash.
As needed.
Water is not discharging properly thru orifices .Remove any blockages and clean pipe as
needed.
Sediment or debris accumulation at bottom of
storage facility or inlet/outlet pipes.
Remove sediment and/or debris by vacuuming or
flushing.
(Describe maintenance completed and if needed maintenance was not conducted, note when it will be done)
Appendix H
Sample Annual Inspection Report
Storm water Treatment Measures Operation and Maintenance
Inspection Report to the
_______________, Alameda County, California
This report and attached inspection checklists document the inspection and maintenance conducted for the identified
storm water treatment measures (STMs) and flow duration controls (FDCs) subject to the Maintenance Agreement
between the City and the property owner during the annual reporting period indicated below.
I. Property Information:
Property Address or APN:
Property Owner:
II. Contact Information:
Name of person to contact regarding this report:
Phone number of contact person: Email:
Address to which correspondence regarding this report should be directed:
III. Reporting Period:
This report, with the attached completed inspection checklists, documents the inspections and maintenance of the
identified treatment measures during the time period from January 1 to December 31 annually.
IV. Storm Water Treatment Measure and Flow Duration Control Information:
The following STMs and FDCs are located on the property identified above and are subject to the Maintenance
Agreement:
Number of each type
of STM or FDC
Type of STM or FDC Location of STMs & FDCs on the Property
V. Sediment Removal
Total amount of accumulated sediment removed from the storm water treatment measure(s) during the reporting
period: _________ cubic yards.
The sediment was removed and disposed as follows:
VI. Inspector Information:
The inspections documented in the attached inspection checklists were conducted by the following inspector(s):
Inspector Name and Title Inspector’s Employer and Address
VII. Statement of STM and FDC Condition
Based on the inspections documented in the attached checklists, are the STMs and FDCs identified in this report
present, functional and being maintained as required by the Maintenance Plan? (Check yes or no.)
____YES ____NO
If “NO”, describe problem, proposed solution and schedule of correction:
VIII. Certification:
I hereby certify, under penalty of perjury, that the information presented in this report and attachments is true and
complete:
Signature of Property Owner or Other Responsible Party Date
Type or Print Name
Company Name
Address
Phone number: Email:
Appendix I
Sandy Loam Soil Specifications
APPENDIX K K-1
AppendixKK
Soil Specifications
The revised regional Specification of Soils for Biotreatment or Bioretention Facilities, approved by
the Regional Water Board on April 18, 2016, are provided on the following pages. Provision
C.3.c.i.(2)(c)(ii) of the reissued MRP (Regional Water Board Order No. R2-2015-0049), dated
November 19, 2015, allowed for the previous version of these specifications to be revised, subject
to approval of the Regional Water Board’s Executive Officer. Biotreatment facilities designed to
meet Provision C.3 requirements must use biotreatment soil media that meet the minimum
specifications set forth in the following pages. Alternative biotreatment mixes that achieve a long-
term infiltration rate of 5 to 10 inches per hour, and are suitable for plant health, may be used in
accordance with the requirements described in the specifications, under the heading “Verification of
Alternative Bioretention Soil Mixes”.
This appendix includes the following documents:
Specification of Soils for Biotreatment or Bioretention Facilities
Approval letter from the Regional Water Board Executive Officer
Biotreatment Soil Mix Specification Verification Checklist
Biotreatment Soil Mix Supplier List
Biotreatment Soil Mix Supplier Certification Statement
Bioretention Soil Installation Guidance
The documents included in this appendix may be downloaded from the Clean Water
Program’s website at:
www.cleanwaterprogram.org (click on “Resources,” then “Development.”)
BASMAA Regional Biotreatment Soil Specification
Page-1 Date: January 29, 2016
Specification of soils for Biotreatment or Bioretention Facilities
Soils for biotreatment or bioretention areas shall meet two objectives:
• Be sufficiently permeable to infiltrate runoff at a minimum rate of 5" per hour during the
life of the facility, and
• Have sufficient moisture retention to support healthy vegetation.
Achieving both objectives with an engineered soil mix requires careful specification of soil
gradations and a substantial component of organic material (typically compost).
Local soil products suppliers have expressed interest in developing ‘brand-name’ mixes that
meet these specifications. At their sole discretion, municipal construction inspectors may choose
to accept test results and certification for a ‘brand-name’ mix from a soil supplier.
Tests must be conducted within 120 days prior to the delivery date of the bioretention soil to the
project site.
Batch-specific test results and certification shall be required for projects installing more than 100
cubic yards of bioretention soil.
SOIL SPECIFICATIONS
Bioretention soils shall meet the following criteria. “Applicant” refers to the entity proposing the
soil mixture for approval by a Permittee.
1. General Requirements – Bioretention soil shall:
a. Achieve a long-term, in-place infiltration rate of at least 5 inches per hour.
b. Support vigorous plant growth.
c. Consist of the following mixture of fine sand and compost, measured on a volume basis:
60%-70% Sand
30%-40% Compost
2. Submittal Requirements – The applicant shall submit to the Permittee for approval:
a. A minimum one-gallon size sample of mixed bioretention soil.
b. Certification from the soil supplier or an accredited laboratory that the Bioretention Soil
meets the requirements of this guideline specification.
c. Grain size analysis results of the fine sand component performed in accordance with
ASTM D 422, Standard Test Method for Particle Size Analysis of Soils or Caltrans Test
Method (CTM) C202.
d. Quality analysis results for compost performed in accordance with Seal of Testing
Assurance (STA) standards, as specified in 4.
e. Organic content test results of mixed Bioretention Soil. Organic content test shall be
performed in accordance with by Testing Methods for the Examination of Compost and
Composting (TMECC) 05.07A, “Loss-On-Ignition Organic Matter Method”.
f. Grain size analysis results of compost component performed in accordance with ASTM
D 422, Standard Test Method for Particle Size Analysis of Soils.
g. A description of the equipment and methods used to mix the sand and compost to
produce Bioretention Soil.
BASMAA Regional Biotreatment Soil Specification
Page-2 Date: January 29, 2016
h. Provide the name of the testing laboratory(s) and the following information:
(1) Contact person(s)
(2) Address(s)
(3) Phone contact(s)
(4) E-mail address(s)
(5) Qualifications of laboratory(s), and personnel including date of current certification
by USCC, ASTM, Caltrans, or approved equal
3. Sand for Bioretention Soil
a. Sand shall be free of wood, waste, coating such as clay, stone dust, carbonate, etc., or any
other deleterious material. All aggregate passing the No. 200 sieve size shall be
nonplastic.
b. Sand for Bioretention Soils shall be analyzed by an accredited lab using #200, #100, #40
or #50, #30, #16. #8, #4, and 3/8 inch sieves (ASTM D 422, CTM 202 or as approved by
municipality), and meet the following gradation:
Sieve Size Percent Passing (by weight)
Min Max
3/8 inch 100 100
No. 4 90 100
No. 8 70 100
No. 16 40 95
No. 30 15 70
No. 40 or
No.50
5 55
No. 100 0 15
No. 200 0 5
Note: all sands complying with ASTM C33 for fine aggregate comply with the above gradation
requirements.
4. Composted Material
Compost shall be a well decomposed, stable, weed free organic matter source derived from
waste materials including yard debris, wood wastes or other organic materials not including
manure or biosolids meeting the standards developed by the US Composting Council
(USCC). The product shall be certified through the USCC Seal of Testing Assurance (STA)
Program (a compost testing and information disclosure program).
BASMAA Regional Biotreatment Soil Specification
Page-3 Date: January 29, 2016
a. Compost Quality Analysis by Laboratory – Before delivery of the soil, the supplier shall
submit a copy of lab analysis performed by a laboratory that is enrolled in the US
Composting Council’s Compost Analysis Proficiency (CAP) program and using
approved Test Methods for the Examination of Composting and Compost (TMECC). The
lab report shall verify:
(1) Organic Matter Content: 35% - 75% by dry wt.
(2) Carbon and Nitrogen Ratio: C:N < 25:1 and C:N >15:1
(3) Maturity/Stability: Any one of the following is required to indicate stability:
(i) Oxygen Test < 1.3 O2 /unit TS /hr
(ii) Specific oxy. Test < 1.5 O2 / unit BVS /hr
(iii) Respiration test < 8 mg CO2-C /g OM / day
(iv) Dewar test < 20 Temp. rise (°C) e.
(v) Solvita® > 5 Index value
(4) Toxicity: Any one of the following measures is sufficient to indicate non-toxicity.
(i) NH4+ : NO3--N < 3
(ii) Ammonium < 500 ppm, dry basis
(iii) Seed Germination > 80 % of control
(iv) Plant Trials > 80% of control
(v) Solvita® = 5 Index value
(5) Nutrient Content: provide analysis detailing nutrient content including N-P-K, Ca,
Na, Mg, S, and B.
(i) Total Nitrogen content 0.9% or above preferred.
(ii) Boron: Total shall be <80 ppm;
(6) Salinity: Must be reported; < 6.0 mmhos/cm
(7) pH shall be between 6.2 and 8.2 May vary with plant species.
b. Compost Quality Analysis by Compost Supplier – Before delivery of the compost to the
soil supplier the Compost Supplier shall verify the following:
(1) Feedstock materials shall be specified and include one or more of the following:
landscaping/yard trimmings, grass clippings, food scraps, and agricultural crop
residues.
(2) Maturity/Stability: shall have a dark brown color and a soil-like odor. Compost
exhibiting a sour or putrid smell or containing recognizable grass or leaves, or is hot
(120F) upon delivery or rewetting is not acceptable.
(3) Weed seed/pathogen destruction: provide proof of process to further reduce pathogens
(PFRP). For example, turned windrows must reach min. 55C for 15 days with at least
5 turnings during that period.
c. Compost for Bioretention Soil Texture – Compost for bioretention soils shall be analyzed
by an accredited lab using #200, 1/4 inch, 1/2 inch, and 1 inch sieves (ASTM D 422 or as
approved by municipality), and meet the following gradation:
Sieve Size Percent Passing (by weight)
Min Max
BASMAA Regional Biotreatment Soil Specification
Page-4 Date: January 29, 2016
1 inch 99 100
1/2 inch 90 100
1/4 inch 40 90
No. 200 1 10
d. Bulk density shall be between 500 and 1100 dry lbs/cubic yard
e. Moisture content shall be between 30% - 55% of dry solids.
f. Inerts – compost shall be relatively free of inert ingredients, including glass, plastic and
paper, < 1 % by weight or volume.
g. Select Pathogens – Salmonella <3 MPN/4grams of TS, or Coliform Bacteria <10000
MPN/gram.
h. Trace Contaminants Metals (Lead, Mercury, Etc.) – Product must meet US EPA, 40 CFR
503 regulations.
i. Compost Testing – The compost supplier will test all compost products within 120
calendar days prior to application. Samples will be taken using the STA sample collection
protocol. (The sample collection protocol can be obtained from the U.S. Composting
Council, 4250 Veterans Memorial Highway, Suite 275, Holbrook, NY 11741 Phone:
631-737-4931, www.compostingcouncil.org). The sample shall be sent to an independent
STA Program approved lab. The compost supplier will pay for the test.
VERIFICATION OF ALTERNATIVE BIORETENTION SOIL MIXES
Bioretention soils not meeting the above criteria shall be evaluated on a case by case basis.
Alternative bioretention soil shall meet the following specification: “Soils for bioretention
facilities shall be sufficiently permeable to infiltrate runoff at a minimum rate of 5 inches per
hour during the life of the facility, and provide sufficient retention of moisture and nutrients to
support healthy vegetation.”
The following steps shall be followed by municipalities to verify that alternative soil mixes meet
the specification:
1. General Requirements – Bioretention soil shall achieve a long-term, in-place infiltration rate
of at least 5 inches per hour. Bioretention soil shall also support vigorous plant growth. The
applicant refers to the entity proposing the soil mixture for approval.
a. Submittals – The applicant must submit to the municipality for approval:
(1) A minimum one-gallon size sample of mixed bioretention soil.
(2) Certification from the soil supplier or an accredited laboratory that the Bioretention
Soil meets the requirements of this guideline specification.
BASMAA Regional Biotreatment Soil Specification
Page-5 Date: January 29, 2016
(3) Certification from an accredited geotechnical testing laboratory that the Bioretention
Soil has an infiltration rate between 5 and 12 inches per hour as tested according to
Section 1.b.(2)(ii).
(4) Organic content test results of mixed Bioretention Soil. Organic content test shall be
performed in accordance with by Testing Methods for the Examination of Compost
and Composting (TMECC) 05.07A, “Loss-On-Ignition Organic Matter Method”.
(5) Grain size analysis results of mixed bioretention soil performed in accordance with
ASTM D 422, Standard Test Method for Particle Size Analysis of Soils.
(6) A description of the equipment and methods used to mix the sand and compost to
produce Bioretention Soil.
(7) The name of the testing laboratory(s) and the following information:
(i) Contact person(s)
(ii) Address(s)
(iii) Phone contact(s)
(iv) E-mail address(s)
(v) Qualifications of laboratory(s), and personnel including date of current
certification by STA, ASTM, or approved equal.
b. Bioretention Soil
(1) Bioretention Soil Texture: Bioretention Soils shall be analyzed by an accredited lab
using #200, and 1/2” inch sieves (ASTM D 422 or as approved by municipality), and
meet the following gradation:
SieveSizePercentPassing(byweight)
MinMax
1/2inch97100
No.20025
(2) Bioretention Soil Permeability testing: Bioretention Soils shall be analyzed by an
accredited geotechnical lab for the following tests:
(i) Moisture – density relationships (compaction tests) shall be conducted on
bioretention soil. Bioretention soil for the permeability test shall be compacted
to 85 to 90 percent of the maximum dry density (ASTM D1557).
(ii) Constant head permeability testing in accordance with ASTM D2434 shall be
conducted on a minimum of two samples with a 6-inch mold and vacuum
saturation.
MULCH FOR BIORETENTION FACILITIES
Three inches of mulch is recommended for the purpose of retaining moisture, preventing erosion
and minimizing weed growth. Projects subject to the State’s Model Water Efficiency
Landscaping Ordinance (or comparable local ordinance) will be required to provide at least three
inches of mulch. Aged mulch, also called compost mulch, reduces the ability of weeds to
establish, keeps soil moist, and replenishes soil nutrients. Aged mulch can be obtained through
soil suppliers or directly from commercial recycling yards. It is recommended to apply 1" to 2"
of composted mulch, once a year, preferably in June following weeding.
April 18, 2016
CIWQS Place No. 756972 (SKM)
To: Municipal Regional Stormwater NPDES Permit (Order No. R2-2015-0049)
Permittees
Sent via email to:
Mr. James Scanlin, Alameda Countywide Clean Water Program:
jimd@acpwa.org
Mr. Tom Dalziel, Contra Costa Clean Water Program:tdalz@pw.cccounty.us
Mr. Kevin Cullen, Fairfield-Suisun Urban Runoff Management Program:
kcullen@fssd.com
Matt Fabry, San Mateo countywide Water Pollution Prevention Program:
mfabry@smcgov.org
Adam Olivieri, Santa Clara Valley Urban Runoff Pollution Prevention Program:
awo@eoainc.com
Doug Scott, Vallejo Sanitation and Flood Control District:dscott@vsfcd.com
Geoff Brosseau, Bay Area Stormwater Management Agencies Association:
Geoff@brosseau.us
Subject: Approval of Revisions to Biotreatment Soil Media Specifications in
Water Board Order No. R2-2015-0049, Municipal Regional Stormwater
NPDES Permit
On February 5, 2016, the Bay Area Stormwater Management Agencies Association
(BASMAA) submitted proposed revisions to the biotreatment soil media specifications
referenced in Provision C.3.c.i.(2)(c)((ii) of Board Order No. R2-2015-0049, the
Municipal Regional Stormwater NPDES Permit (MRP). The proposed revisions were
submitted on behalf of the 76 Permittees regulated by the MRP and were submitted as
allowed under and in accordance with the requirements of Provision C.3.c.i.(2)(c)((ii).
The proposed revisions address issues with the current soil media specifications that
Permittees have identified, based on implementation of these soil media specifications
for the last 5 years under the previous MRP. These identified issues are as follows:
x Compost suppliers are having difficulties meeting the gradation specifications,
soluble boron criteria, and occasionally the pH limits listed in the specifications.
x The specifications contain typographical errors and missing or incorrectly identified
units of measurement.
Wolfe Æ MRP Permittees Page 2
Approval of Revised Soil Media Specifications
This letter approves the Permittees’ proposed changes to the biotreatment soil media
specifications referenced in Provision C.3.c.i.(2)(c)(ii) of the MRP. We understand that
BASMAA intends to convene a soil specification roundtable in Spring 2016 to
investigate the need for alternative specifications that might enhance the performance
of bioretention facilities under varying microclimates and drought conditions and with
diverse planting palettes, including trees.
If you have questions, please contact Sue Ma of my staff at (510) 622-2386 or via email
to sma@waterboards.ca.gov.
Sincerely,
for Bruce H. Wolfe
Executive Officer
1.www.basmaa.org
2.www.swrcb.ca.gov/rwqcb2/water_issues/programs/stormwater/mrp.shtml 5/27/2016;tWǁĞďůŝŶŬƵƉĚĂƚĞĚϰͬϮϬͬϮϬϭϴͿ
BiotreatmentSoilMix
SpecificationVerificationChecklist
Thischecklistisintendedtosupplymunicipalstaff,contractors,designersandotherswithaneasyͲtoͲread
summaryofthedetailedinformationneededtoverifythatthebiotreatmentsoilmixbeingprovidedbytheSoil
MixSuppliermeetstheBASMAARegionalBiotreatmentSoilSpecification1approvedbytheRegionalWaterBoard
ExecutiveOfficeronApril18,20162.
ThechecklistshouldbeprovidedtotheSoilMixSupplierbythemunicipalityorcontractorbeforethesoilmixhas
beenorderedtoallowforsufficienttimetocompiletheinformationandtimetoreviewthecompletedchecklist
beforedeliveryofthesoilmixtothejobsite.
UseofthischecklistisnotrequiredbytheMRPandisintendedonlyforassistanceinreviewingsubmittals.
Additionallyoralternatively,theonepageSupplierCertificationStatement,developedbythestormwater
programslistedbelow,canberequestedfromtheSuppliertoguaranteethattheproductmeetsthespecification.
TheCertificationStatement,alistofSoilMixSuppliers,theBASMAARegionalBiotreatmentSoilSpecification
(2016)andothermaterialsareavailableatthefollowingwebsites:
x AlamedaCountywideCleanWaterProgram:
ǁǁǁ͘ĐůĞĂŶǁĂƚĞƌƉƌŽŐƌĂŵ͘ŽƌŐͬŝŶĚĞdž͘ƉŚƉͬĐϯͲŐƵŝĚĂŶĐĞͲƚĂďůĞ͘Śƚŵů
x ^ĂŶƚĂůĂƌĂsĂůůĞLJhƌďĂŶZƵŶŽĨĨWŽůůƵƚŝŽŶWƌĞǀĞŶƚŝŽŶWƌŽŐƌĂŵ͗
ǁǁǁ͘ƐĐǀƵƌƉƉƉͲǁϮŬ͘ĐŽŵͬŶĚͺǁƉ͘ƐŚƚŵů
x ^ĂŶDĂƚĞŽŽƵŶƚLJǁŝĚĞtĂƚĞƌWŽůůƵƚŝŽŶWƌĞǀĞŶƚŝŽŶWƌŽŐƌĂŵ͗
ǁǁǁ͘ĨůŽǁƐƚŽďĂLJ͘ŽƌŐͬŶĞǁĚĞǀĞůŽƉŵĞŶƚ
Ifamunicipalitychoosestousethechecklist,thefollowingfiveitemsarerequiredtobesubmittedbytheSoilMix
Suppliertotherequestingmunicipalityorcontractor:
x SampleoftheBiotreatmentSoilMix
Aminimum1Ͳgallonbagofsoilmix.
x AttachmentA–SupplierAnalysisoftheBiotreatmentSoilMix
TobecompletedbytheSoilMixSupplierprovidingthesoilmix.
x AttachmentB–LabAnalysisofSandComponentoftheBiotreatmentSoilMix
Tobecompletedbythelaboratoryconductingtheanalysisofthesand.
x AttachmentC–LabAnalysisofCompostComponentoftheBiotreatmentSoilMix
Tobecompletedbythelaboratoryconductingtheanalysisofthecompost.Compostanalysisofasample
collected(inaccordancewiththeSTAsamplecollectionprotocol)shallbecompletedwithinthelast120
days.AnalysismustbecompletedbyalaboratoryenrolledintheUSCompostingCouncil’sCompost
AnalysisProficiencyprogram,andshallusetheTestMethodsfortheEvaluationofCompostingand
Compost(TMECC).
x AttachmentD–SupplierAnalysisofCompostComponentoftheBiotreatmentSoilMix
TobecompletedbytheCompostSupplierprovidingthecompostcomponentofthesoilmix.
5/27/2016
AttachmentA
SupplierAnalysisofBiotreatmentSoilMix
ThetablebelowshallbecompletedbytheBiotreatmentSoilMixSupplier.
Date:
(Alllabtestsmustbedonewithinthelast120days)
NameofPersonFillingOutThisForm:
Title:Signature:
Phone:Email:
CompanyName:City:
StreetAddress:Zip:
IcertifythattheprovidedBiotreatmentSoilMixmeetsthe
requirementsoftheBASMAARegionalBiotreatmentSoil
Specification(2016).
Yes(Pass)
No(Fail)
Describetheequipment
andmethodsusedtomix
thecompostandsand
componentsofthe
BiotreatmentSoilMix.
MaterialStandardPercent(byvolume)ActualMix%PassFail
Sand60%Ͳ70%
Compost30%Ͳ40%
Doesthesoilmixhaveapermeabilityofatleast5inchesperhour?1Yes(Pass)
No(Fail)
Willthesoilmixsupportvigorousplantgrowth?Yes(Pass)
No(Fail)
1Soilmixpermeabilitytestingisonlyrequiredforalternativebiotreatmentsoilmixes.Soilpermeabilitytestsmustbeconductedona
minimumoftwosamplesusingconstantheadpermeabilityinaccordancewithASTMD2434witha6Ͳinchmoldandvacuumsaturation.
AttachmentA
Page1of1
5/27/2016
AttachmentB
LabAnalysisofSandComponentofBiotreatmentSoilMix
Thetablebelowshallbecompletedbythelaboratoryconductingthesandanalysis.
NameofPersonFillingOutThisForm:Signature:
Title:Date:
Phone:Email:
Company:City:
StreetAddress:Zip:
Qualifications&relevantcertifications(ASTM,
CTMorapprovedequivalentcertifications):
Issandfreeofwood,waste,coating(suchasclay,stone
dust,carbonate,etc.),oranyotherdeleteriousmaterial?
Yes(Pass)
No(Fail)
IsallaggregatepassingtheNo.200sievenonͲplastic?Yes(Pass)
No(Fail)
ParticlesizeanalysisshallbeconductedinaccordancewithASTMD422(StandardTestMethodfor
ParticleSizeAnalysisofSoils)orCTM202.Otherequivalentmethodsacceptableonlyifapproved.
SieveSizeStandardPercentPassing(%byweight)TestingResults(%)PassFail
3/8inch100%
No.490%Ͳ100%
No.870%Ͳ100%
No.1640%Ͳ95%
No.3015%Ͳ70%
No.40or
505%Ͳ55%
No.1000%Ͳ15%
No.2000%Ͳ5%
AttachmentB
Page1of1
5/27/2016
AttachmentC
LabAnalysisofCompostComponentofBiotreatmentSoilMix
Thetablebelowshallbecompletedbythelaboratoryconductingthecompostanalysis.
NameofPersonFillingOutThisForm:Signature:
Title:Date:
Phone:Email:
Company:City:
StreetAddress:Zip:
Qualifications&relevantcertifications:
(STA,ASTMorapprovedequivalentcertification)
SpecificationStandardTestingResultsPassFail
OrganicMatterContent35%Ͳ75%
(bydryweight)%
CarbonͲtoͲNitrogenRatio15:1to25:1(C:N)C:N
Salinity<6.0mmhos/cmmmhos/cm
pH6.2Ͳ8.2pH
BulkDensity500–1100drylbs/yd3drylbs/yd3
MoistureContent30%Ͳ55%(ofdrysolids)%
Percentinertingredients
(incl.plastic,glass,paper)
<1%
(byweightorvolume)%
Providetheresultsofatleastoneofthefollowinganalysestoindicatecompoststability:
SpecificationStandardTestingResultsPassFail
OxygenTest<1.302/unitTS/hr02/unitTS/hr
SpecificOxygenTest<1.502/unitBVS/hr02/unitBVS/hr
RespirationTest<8mgCO2ͲC/gOM/daymgCO2ͲC/g
OM/day
Dewartest<20ȗCTemp.risee.ȗCTemp.risee.
Solvita®Indexvalue>5IndexvalueIndexvalue
AttachmentC
Page1of2
5/27/2016
Providetheresultsofatleastoneofthefollowinganalysestoindicatecomposttoxicity:
SpecificationStandardTestingResultsPassFail
RatioNH4+N:NO3
ͲͲN<3NH4+ͲN:NO3
ͲͲN
Ammonium<500ppm,drybasisppm,drybasis
SeedGermination> 80%ofcontrol %ofcontrol
PlantTrials> 80%ofcontrol %ofcontrol
Solvita®Indexvalue=5IndexvalueIndexvalue
Providetheanalysisofthenutrientcontentofthecompost,includingthefollowing:
SpecificationStandardTestingResultsPassFail
Boron(total,inppm)<80ppmppm
Nitrogen(N)(total%)>0.9%preferred. %
Phosphorus(asP2O5)[notspecified]%
Potassium(asK2O)[notspecified]%
Calcium(Ca)[notspecified]%
Sodium(Na)[notspecified]%
Magnesium(Mg)[notspecified]%
Sulfur(S)[notspecified]ppm
Providetheresultsofatleastoneofthefollowingselectpathogens:
SpecificationStandardTestingResultsPassFail
Salmonella<3MPN/4gramsTSMPN/4gramsTS
ColiformBacteria<10,000MPN/gramMPN/gram
DoestheproductmeetUSEPA,40CFR503regulationsregardingtrace
contaminantsmetals(Lead,Mercury,etc.)?
Yes(Pass)
No(Fail)
ParticlesizeanalysisshallbeconductedinaccordancewithASTMD422(StandardTestMethodfor
ParticleSizeAnalysisofSoils)Ͳwashingnotrequired.Equivalentmethodsacceptableifapproved.
SieveSizeStandardPercentPassing(byweight)TestingResults(%)PassFail
1inch99%Ͳ100%
½inch90%Ͳ100%
¼inch40%Ͳ90%
No.2001%Ͳ10%
AttachmentC
Page2of2
5/27/2016
AttachmentD
SupplierAnalysisofCompostComponent
ofBiotreatmentSoilMix
ThetablebelowshallbecompletedbytheCompostSupplierprovidingthecompostforthemix.
NameofCompany:DateofDelivery:
Qualifications&relevantcertifications:
(STA,ASTMorapprovedequivalentcertifications)
DateoftheCompostLabAnalysisReport:
(Mustbedatedwithin120dayspriortodelivery)
NameofPersonFillingOutThisForm:Date:
Signature:StreetAddress:
Emailaddress:City:
Phone:Zip:
Feedstockmaterialshavebeenspecifiedandincludeonlythefollowing:
Landscape/yardtrimmings,grassclippings,foodscraps,oragriculturalcropresidues?
Yes
(Pass)
No
(Fail)
ComposthasadarkbrowncolorandasoilͲlikeodor,doesnotexhibitasourorputrid
smell,doesnotcontainrecognizablegrassorleaves,andisnothot(120ȗF)upon
deliveryorrewetting?
Yes
(Pass)
No
(Fail)
Thecomposthasgonethroughtheprocesstofurtherreducepathogens(PFRP)?For
example,turnedwindrowsmustreachaminimumtemperatureof55ȗCfor15days
withatleast5turningsduringthatperiod.
Yes
(Pass)
No
(Fail)
AttachmentD
Page1of1
Asof:ϭϬͬϯϭͬϮϬϭϳ
Disclaimer:tWprovidesthislistofbiotreatmentsoilmixsuppliersfortheuseofitsmemberagencies,contractors,designersandothersinfindingsuppliersfortheirprojects.Suppliersarelistedbasedona
generalreviewoftheirsoilmixproductincludingtestresults,adherencetotheďŝŽƚƌĞĂƚŵĞŶƚƐŽŝůspecificationĂƉƉƌŽǀĞĚďLJƚŚĞZĞŐŝŽŶĂůtĂƚĞƌŽĂƌĚ džĞĐƵƚŝǀĞKĨĨŝĐĞƌŽŶƉƌŝůϭϴ͕ϮϬϭϲ͕ĂŶĚŬŶŽǁůĞĚŐĞŽĨ
thespecification.ThereforeusersofthistWlistmustmakethefinaldeterminationastotheproductsandadherencetoƚŚĞĂƉƉƌŽǀĞĚďŝŽƚƌĞĂƚŵĞŶƚƐŽŝůƐƉĞĐŝĨŝĐĂƚŝŽŶUsersofthelistassumeallliability
directlyorindirectlyarisingfromuseofthislist.Thelistingofanysoilsupplierisnotbeconstruedasanactualorimpliedendorsement,recommendation,orǁĂƌƌĂŶƚLJŽĨƐƵĐŚƐŽŝůƉƌŽǀŝĚĞƌŽƌƚŚĞŝƌƉƌŽĚƵĐƚƐ͕
noriscriticismimpliedofsimilarsoilsuppliersthatarenotlisted.ThisdisclaimerŝƐĂƉƉůŝĐĂďůĞǁŚĞƚŚĞƌƚŚĞŝŶĨŽƌŵĂƚŝŽŶŝƐŽďƚĂŝŶĞĚŝŶŚĂƌĚĐŽƉLJŽƌĚŽǁŶůŽĂĚĞĚ fromtheInternet.CheckthetWǁĞďƐŝƚĞ
forthe“BiotreatmentSoilMixVerificationChecklist”and“BiotreatmentSoilMix^ƵƉƉůŝĞƌsĞƌŝĨŝĐĂƚŝŽŶ^ƚĂƚĞŵĞŶƚΗĨŽƌĂƐƐŝƐƚĂŶĐĞŝŶƌĞǀŝĞǁŝŶŐĂŶĚĂƉƉƌŽǀŝŶŐƐŽŝůŵŝdžsubmittals͕ŚƚƚƉ͗ͬͬĐůĞĂŶǁĂƚĞƌƉƌŽŐƌĂŵ͘ŽƌŐ
;ĐůŝĐŬŽŶΗZĞƐŽƵƌĐĞƐ͕ΗƚŚĞŶΗĞǀĞůŽƉŵĞŶƚ͘ΗͿ
BIOTREATMENTSOILMIXSUPPLIERLIST
CompanyContactName PhoneAddress City Zip EͲmailWebsite
AmericanSoil&StoneProductsInc.RyanHoffman510Ͳ292Ͳ3018RichmondAnnex,2121San
JoaquinStreet,BuildingA
Richmond94804ryan@americansoil.comwww.americansoil.com
L.H.VossMaterials,Inc. NyokaCorley925Ͳ676Ͳ79105965DoughertyRoadDublin94568nyoka.corley@gmail.comwww.lhvoss.com
LehighHansonAggregatesChrisStromberg510Ͳ246Ͳ03934501TidewaterAvenueOakland94601chris.stromberg@lehighhanson.comwww.lehighhanson.com
LyngsoGardenMaterials,Inc.PaulTruyts650Ͳ333Ͳ1044
650Ͳ364Ͳ1730
19SeaportBoulevardRedwood
City
94063ptruyts@lyngsogarden.comwww.lyngsogarden.com
MarshallBrothersEnterprises,Inc.PhillipMarshall925Ͳ449Ͳ4020P.O.Box2188Livermore94551phillip@mbenterprises.comwww.mbenterprises.com
PleasantonTruckingInc.TomBonnell925Ͳ449Ͳ5400P.O.Box11462Pleasanton94588pleasanton_trucking@yahoo.comwww.pleasantontrucking.com
RecologyBlossomValleyOrganicsDenetteCovarrubias209Ͳ545Ͳ7718
209Ͳ597Ͳ1209
6133HammettCourtModesto95358dcovarrubias@recology.comwww.recology.com/blossomͲ
valleyͲorganicsͲmodesto/
RediͲGroCorporationSharonYon916Ͳ381Ͳ6063
800Ͳ654Ͳ4358
8909ElderCreekRoadSacramento 95828redigropro@rediͲgro.comwww.rediͲgro.com
TMTEnterprises,Inc.MattMoore408Ͳ432Ͳ90401996OaklandRoadSanJose95131info@tmtenterprises.netwww.tmtenterprises.net
<COMPANYNAME>
<ADDRESS>
To:<cityrep,contractororotherappropriateparty>
JobRef:<XYZSTREET,PROJECT#1234>
CertificateofComplianceforBiotreatmentSoilMix
IherebycertifythattheBiotreatmentSoilMix,tobedeliveredto
theprojectcitedabovefromourcompany,meetsthe“Soil
Specifications”criteriaapprovedbytheExecutiveOfficeroftheSan
FranciscoBayRegionalWaterQualityControlBoardonApril18,2016,
inaccordancewithProvisionC.3.c.i.(2)(c)(ii)oftheMunicipalRegional
StormwaterPermit(MRP)adoptedonNovember19,2015.
AcopyofthisCertificateofCompliancewillbeprovidedwiththe
deliveryofthesoilmix.Ourtestresultshavebeenconductedwithin
120dayspriortothedeliverydateofthebiotreatmentsoilmixtothe
projectsite.
ThankYou,
Signed:________________________________________
Name:_________________________________________
Title:__________________________________________
Contactemailaddress_____________________________
Contactphonenumber____________________________
TECHNICAL MEMORANDUM
Regional Bioretention Installation Guidance
Bay Area Stormwater Management Agencies Association
Prepared For:
Bay Area Stormwater Management Agencies
Association (BASMAA)
Contact:
Megan Stromberg
stromberg@wra-ca.com
Date:
November 12, 2010
TABLE OF CONTENTS
INTRODUCTION ....................................................................................................................... 2
INSTALLATION OF BIORETENTION SOILS............................................................................. 2
REFERENCES .......................................................................................................................... 4
2
INTRODUCTION
Recently the San Francisco Bay Regional Water Quality Control Board issued the Municipal
Regional Stormwater Permit. The Bay Area Stormwater Management Agencies Association
(BASMAA) engaged WRA to provide guidance and specification for bioretention soils to assist
stormwater agencies at the associated municipalities in meeting the requirements of the permit.
This report provides guidance for the installation of bioretention soils with the goal of preserving
the integrity of the soil media to support a long-term infiltration rate of 5 to 10 inches per hour,
provide stormwater treatment and support plant health.
INSTALLATION OF BIORETENTION SOILS
The following section provides considerations for proper bioretention soil installation.
Prior to Installing Bioretention Soil:
x Is the contractor familiar with constructing bioretention systems?
x Plan how inspections will be handled as part of the construction process.
x Verify soil meets specification prior to delivering and or placing in the facility.
x Prevent over-compaction of native soils in the area of the basin. Delineate the facility
area and keep construction traffic off. Protect soils with fencing, plywood, etc.
x Provide erosion control in the contributing drainage areas of the facility. Stabilize
upslope areas.
x Facilities should not be used as sediment control facilities.
x Drainage should be directed away from bioretention facilities until upslope areas are
stabilized, if possible. The concentration of fines could prevent post-construction
infiltration.
x If drainage is to be allowed through the facility during construction, leave or backfill at
least 6” above the final grade. Temporarily cover the underdrain with plastic or fabric.
Line or mulch the facility.
x Ideally, bioretention facilities should remain outside the limit of disturbance until
construction of the bioretention begins to prevent soil compaction by heavy equipment.
Protect bioretention areas with silt fence or construction fencing.
x Verify installation of underdrain is correct prior to placing soil.
Soil Mixing and Placement:
x Do not excavate, place soils, or amend soils during wet or saturated conditions.
x Operate equipment adjacent to (not in) the facility.
x If machinery must operate in the facility, use light weight, low ground-contact pressure
equipment.
3
x It may be necessary to rip or scarify the bottom soils to promote greater infiltration or
excavate any sediment that may have built up during construction.
x Consider the time of year and site working area when determining whether to mix
bioretention soil on-site or to import pre-mixed soil.
x If mixing bioretention media onsite, use an adjacent impervious area or on plastic
sheeting.
x Place soil in 12” lifts with machinery adjacent to the facility. If working within the facility,
to avoid over-compacting, place first lifts at far end from entrance and place backwards
toward entrance.
x Do not place or work bioretention soil if it is saturated or raining
x Allow bioretention soil lifts to settle naturally, boot pack (walk around to firm) lifts to
achieve 85% compaction effort. After all lifts are placed, wait a few days to check for
settlement, and add additional media as needed.
x An alternative to boot compaction is to settle bioretention soils by lightly watering until
soils are just saturated. Allow soil to dry between lifts. It may take a day or more to dry
adequately between lifts. Soil cannot be worked when saturated so this method should
be used with caution. Allow for extra time to let soils dry between each lift. After all lifts
are placed, wait a few days to check for settlement, and add additional media as
needed.
x Verify bioretention soil elevations before applying mulch or installing plants.
Other Considerations:
x Protect adjacent trees.
x Protect adjacent infiltration systems including swales, soils and porous pavement from
sediment.
4
REFERENCES
Buck, Jonathan 2010. “Design of Bioretention Areas at Serramonte Library, Daly City.”
Alameda Countywide Clean Water Program 2010 New Development Workshop.
September 29, 2010.
Hinman, Curtis, 2009. “Bioretention Soil Mixes.” LID Technical Workshop – San Francisco.
Washington State University Extension. January 18, 2009.
Lancaster, Alice, 2009. “Bioretention: Construction, Inspection and O&M.” LID Technical
Workshop – San Francisco. Herrera Environmental Consultants. January 18, 2009.
Wikstrom, Scott and Niemuth, Paul, 2010. “The Nitty Gritty on Soils for Successful Stormwater
BMPs.” Bay-Friendly Landscape Conference. September 17, 2010.
Stenn, H. 2010. Building Soil: Guidelines and Resources for Implementing Soil Quality and
Depth BMP T5.13 in WDOE Stormwater Management Manual for Western Washington.
Seattle Public Utilities: Seattle. Available at:
http://www.buildingsoil.org/tools/Soil_BMP_Manual.pdf
EXHIBIT C – CONSTRUCTION PLANS
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 2020
Appendix D
Grading Plans for the Scarlet Drive/Iron Horse Trail Extension Project
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 2020
Appendix E
Chabot Canal and Canal 2 Cross Sections (Impacts vs Mitigation)
77.0'
DUBLIN BLVD.
60.5'
CH
A
B
O
T
C
R
E
E
K
IR
O
N
H
O
R
S
E
T
R
A
I
L
55.4'
55.5'
CA
N
A
L
2
B
A
C
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 2020
Appendix F
Planting Plan for the Scarlett Drive Mitigation Area within Canal 2
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Revised Mitigation and Monitoring Plan 2020
Appendix G
Agreement for Long Term Encroachment for Landscape Features
Within City of Dublin Right of Way (Scarlett Drive)
Recording Requested By:
CITY OF DUBLIN
When Recorded Mail to:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES
WITHIN CITY OF DUBLIN RIGHT OF WAY (SCARLETT DRIVE)
THIS AGREEMENT FOR LONG TERM ENCROCHMENT FOR LANDSCAPE FEATURES
WITHIN CITY OF DUBLIN RIGHT OF WAY (SCARLETT DRIVE) is made between the City of
Dublin (“City”) and Dublin Crossing, LLC, a Delaware limited liability company (“Developer”).
1. Property: The subject property is the right of way located along Scarlett Drive, as
filed in ?????, in the Official Records of the County of Alameda, State of California
(See attachment A).
2. Developer: The developer is:
Dublin Crossing, LLC
500 La Gonda Way
Danville, CA 94526
3. Project: The project includes the extension of Scarlett Drive from the existing
intersection of Scarlett Drive / Houston Place, southeasterly to the new intersection
at Scarlett Drive / Dublin Boulevard (Attachment B, Figure 1).
4. Landscape Features: Developer, as a part of the project, anticipates the construction
of drainage ditches along Scarlett Drive, within the City’s right of way. These ditches
are designed to provide in-kind mitigation for existing jurisdictional ditches that are
regulated pursuant to the Clean Water Act (Attachment B, Figure 2), but must be re-
located (realigned) to accommodate the construction of Scarlett Drive improvements
(Attachment B, Figure 3). Construction details for the construction of the new ditches
are included as Attachment B, Figure 4 and Attachment C.
5. Encroachment Permit for Construction: This Agreement shall provide the Developer
with an on-going encroachment permit for the routine maintenance required within
City right-of-way per the terms of this agreement, including maintenance of the
mitigation drainage ditches, bio-retention areas, landscaping / irrigation, and
Sidewalks and curb ramps, and decorative pavement (Attachment B, Figure 5).
These City-owned, Developer-maintained features are referred-to as “HOA features”
below.
6. Long Term Encroachment Agreement: Following construction, all operation and
maintenance of all HOA features, including ditches, shall be conducted by the
Developer, and governed by the City, consistent with the provisions of this
agreement. If there is any conflict between any provision of this agreement and the
encroachment permit for construction, the conditions of this agreement shall prevail.
7. Ownership: The City shall own all landscape features with the City right of way,
including pedestrian pathways, landscape plantings, monuments, and drainage
ditches, as well as all HOA features.
8. Operations and Maintenance: Developer shall maintain and repair all of the HOA
features, including drainage ditches within the City right of way, in a safe manner
consistent with approved construction plans, including the Storm Water Management
Plan for Scarlett Drive Improvements (Attachment D), to the reasonable satisfaction
of the City at its sole cost and expense. Developer will be responsible at its sole cost
to replace or repair any HOA feature along project frontage damaged or removed
during the maintenance or repair of sewer, water, drainage or utility improvements by
the City, Dublin San Ramon Utility Service District or utility company. The City will
maintain at its sole cost all asphalt concrete pavement, concrete curb and gutter, all
drainage improvements interior to curb and gutter (from curb to curb), traffic signs
and striping, and streetlights and all other features within the public right of way,
except those identified as HOA features.
9. Stormwater: Drainage ditches and bio-retention facilities identified as HOA Features
shall be maintained and managed by the Developer consistent with the Storm Water
Management Plan, for Scarlett Drive Improvements (Attachment D). This plan
includes prescriptions for management of sediment, vegetation, inspection and
reporting, as well as requirements for litter control.
10. Removal and Relocation: If future improvements by the City conflict with any of the
HOA features, the City may remove or reasonable relocate any of these features at
its sole cost. The City would be required to attain necessary environmental permits
(including Clean Water Act) for any proposed modification of the drainage ditches,
and would be responsible for all costs and any mitigation associated with such
permits. If any of the HOA Features are relocated, the City and Developer will
execute a modification to this Agreement to reflect the maintenance and operations
of the features in its new location. Provided, however, the City is under no obligation
to relocate any of the landscape features except where required by State or Federal
permit conditions.
11. Insurance: Developer shall obtain and maintain in effect a combined single limit
policy of liability insurance not less than one million dollars ($1,000,000) covering the
landscape features improvements and ditches and shall name the City as an
additional insured.
12. Indemnification: Developer shall indemnify, defend, and hold the City harmless from
and against any and all loss, claims, liability damage or expense or cost the City may
incur or become liable for or for which a claim is made by a third party, dur to or
arising out of Developer’s construction, maintenance or operations of the landscape
features (including ditches) unless causes by the negligence, gross negligence or
willful misconduct of the City, its agents, contractors or employees.
13. Permanent: The landscape features along the project frontage and the mitigation
ditches and the rights appurtenant thereto as set forth in this Agreement shall exist in
perpetuity, and are appurtenant to the property.
14. Right to Assign: Developer may assign any or all rights, interests and obligations of
Developer arising under this Agreement to the Dublin Crossing Master Homeowners’
Association or to a successor in interest of Developer with respect to all or a portion
of the Project, provided, however, that no such assignment of Developer’s rights
interests and obligations under this Agreement shall occur without prior written
notification to the City and written approval by the City manager, which approval shall
not be unreasonable withheld, conditioned, or delayed. The City Manager shall
consider and decide on any assignment within ten (10) days after Developer’s notice
thereof, provided all necessary documents and other information are provided to the
City Manager to enable the City Manager to assess the assignment.
15. Successors and Assigns: Each reference to the “City” in this Agreement shall be
deemed to refer to and to include the City and all successors and assigns of City. All
references to “Developer” in this Agreement shall be deemed to refer to and include
Dublin Crossing, LLC, a Delaware limited liability company, and to all successors
and assigns, including but not limited to the Dublin Crossing Master Home Owner’s
Association.
16. Notices: Any notices, requests, demands or other communication required or
permitted to be given under this Agreement shall be in writing and shall be deemed
to have been duly given on the date of delivery if delivered personally to the party
whom notice is to be given (Including messenger or recognized delivery or courier
service), or on the second day after mailing, if mailed to the party whom notice is to
be given, by first class mail, postage prepaid, and properly addressed as follows:
City: City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Manager
Developer: Dublin Crossing, LLC
500 La Gonda Way, Suite 100
Danville, CA 94526
Attn: Josh Roden
17. Exhibits: All exhibits attached to this Agreement are incorporated herein as though
they were set forth in full body of this Agreement.
18. Partial Invalidity: If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall
continue in full force and effect and shall in no way be impaired or invalidated, and
the parties agree to substitute for the invalid or unenforceable provision that most
closely approximates the intent and economic effect of the invalid or unenforceable
provision.
19. Entire Agreement: This Agreement contains the entire agreement and
understanding of the parties with respect to the subject matter hereof and cannot be
amended or modified except by written agreement, executed by each of the parties
hereto.
20. Counterparts: This agreement may be executed in one or more counterparts, each of
which shall, for all purposes, be deemed an original and all such counterparts, taken
together, shall constitute one and the same instrument.
Dated this ___________ day of _____________, 2018
CITY:
The City of Dublin,
a municipal corporation
By:________________________________________
Developer:
Dublin Crossing, LLC,
A Delaware limited liability company
BY:________________________________________
ATTACHMENT A – LEGAL DESCRIPTION OF PROPERTY
ATTACHMENT B – FIGURES
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ATTACHMENT C –CONSTRUCTION PLANS
ATTACHMENT D – STORM WATER MANAGEMENT PLAN
FOR SCARLETT DRIVE IMPROVEMENTS (September 26, 2018)
Storm Water Management Plan
for
Scarlett Drive Improvements
City of Dublin, Alameda County, California
Prepared For:
Dublin Crossing, LLC
500 La Gonda Way, Suite 100
Danville, CA 94526
Prepared By:
Ruggeri-Jensen-Azar
4690 Chabot Drive, Suite 200
Pleasanton, CA 94588
Date: September 26, 2018
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TABLE OF CONTENTS
I. INTROUDCTION .......................................................................................................... 1
II. PROJECT INFORMATION ............................................................................................. 2
A. Project Description .................................................................................................... 2
B. Size and Location ....................................................................................................... 2
C. Existing Site Features and Condition ......................................................................... 2
D. Pollutants of Concern ................................................................................................ 2
E. Site Design Consideration ......................................................................................... 3
1. Site Design Measures ........................................................................................... 3
2. Source Controls .................................................................................................... 3
3. Storm Water Treatment Measures ...................................................................... 3
4. Hydromodification Management ........................................................................ 4
III. STORM WATER TREATMENT & HYDROMODIIFICATION MANAGEMENT
EVALUATION .............................................................................................................. 5
A. Site Constraints .......................................................................................................... 5
B. Storm Water Treatment Measures Selection ............................................................ 5
1. Bio-Retention ....................................................................................................... 5
2. Silva Cells .............................................................................................................. 6
C. Hydromodification Management .............................................................................. 6
IV. BIO-RETENTION DESIGN ELEMENTS, MAINTENANCE REQUIREMENTS, AND INSPECTION
SCHEDULE .................................................................................................................. 7
A. Water Quality Treatment Floor Area ......................................................................... 7
B. Bioretention Mulch .................................................................................................... 8
C. Bioretention Soil ........................................................................................................ 8
D. Bioretention Vegetation ............................................................................................ 8
E. Drain Rock ................................................................................................................. 9
F. Underdrain ................................................................................................................. 9
G. Cleanouts ................................................................................................................... 9
H. Appropriate Drawdown Rates ................................................................................... 9
I. Overflow Inlet ............................................................................................................ 9
J. Non-Routine Maintenance ...................................................................................... 10
K. Sediment Accumulation ........................................................................................... 10
L. Documentation and Timing of Inspections .............................................................. 10
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V. SILVA CELL DESIGN ELEMENTS, MAINTENANCE REQUIREMENTS, AND INSPECTION
SCHEDULE ................................................................................................................ 12
A. Inlet System.............................................................................................................. 12
B. Distribution Pipe ...................................................................................................... 12
C. Silva Cell Modular Units ........................................................................................... 12
D. Soil Media ................................................................................................................ 1 3
E. Underdrain Pipe ....................................................................................................... 13
F. Trees/Vegetation ..................................................................................................... 13
G. Surface Treatment ................................................................................................... 14
H. Repairs to Silva Cells ................................................................................................ 14
I. Documentation and Timing of Inspections .............................................................. 14
VI. HYDROMODIFICATION DESIGN ELEMENTS, MAINTENANCE REQUIREMENTS, AND
INSPECTION SCHEDULE ............................................................................................. 16
A. Routine Maintenance .............................................................................................. 16
B. Non-Routine Maintenance ...................................................................................... 16
C. Sediment Accumulation ........................................................................................... 16
D. Documentation and Timing of Inspections .............................................................. 16
VII. OPERATION AND MAINTENANCE .............................................................................. 17
A. General ..................................................................................................................... 17
B. Staff Skills and Staffing ............................................................................................. 17
C. Records Retention.................................................................................................... 18
D. Safety ....................................................................................................................... 18
E. Annual Report ......................................................................................................... 18
APPENDICIES
Appendix A – Scarlett Drive Improvement Plans
Appendix B – Vicinity Map
Appendix C – Storm Water Management Site Plan
Appendix D – Silva Cells Details
Appendix E – Bio-Retention Inspection and Maintenance Checklist
Appendix F – Silva Cells Inspection and Maintenance Checklist
Appendix G – Hydromodification and Inspection Maintenance Checklist
Appendix H – Sample Annual Inspection Report
Appendix I – Sandy Loam Soil Specifications
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I. INTRODUCTION
Urban storm water runoff is a significant source of pollution to the nation’s water. In
1987, congress began to address this issue by requiring municipal storm water programs
to obtain National Pollutant Discharge Elimination System (NPDES) permits. This
resulted in local requirements for storm runoff from development projects. The San
Francisco Bay Regional Water Quality Control Board adopted a Municipal Regional
Permit (MRP) in October 14, 2009. The MRP consolidates and updates storm water
requirements for Bay Area municipalities and require local agencies apply storm water
requirements to development projects.
Pursuant to the MRP requirements, development projects fitting the category
description listed in the Provision C.3.b.ii (regulated projects) must implement best
management practices (BMPs), post construction storm water treatment measures
minimizing long term water quality impacts by using site design and source control
measures to keep pollutants out of storm water runoff, and provide hydromodification
management to prevent an increase in the erosion potential of the receiving streams
over the pre-existing condition. Furthermore, changes to the permit (starting
December 1, 2011) requires storm water treatment measures to use low impact
development (LID) such as evapotranspiration and/or rain water harvesting and reuse.
Where this is infeasible, landscape based treatment such as bio-retention, flow thru
planters or rain garden shall be used to meet the permit requirements.
The purpose of this Storm Water Management Plan (SWMP) is to provide selection,
preliminary design and general guidance for the operation and maintenance of post
construction storm water treatment measures to meet the C.3 provision and permit
requirements to the maximum extent practicable for the storm runoff generated from
the impervious surfaces for this project.
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II. PROJECT INFORMATION
A. Project Description
The proposed project consists of widening and extension of a City public street,
Scarlett Drive, from an existing 2-lane street to a collector road consisting of 4
through lanes, left or right turn lanes, bike lanes with landscape medians,
parkway strips, sidewalk and reconstruction of Iron Horse Trail and associated
underground infrastructure improvements. As a part of this project,
approximately 2,100±LF of existing drainage ditches will be replaced to the
parkway strips adjacent to the new Iron Horse Trail and sidewalk.
The new drainage ditches will be entirely located within the Scarlett Drive public
street right-of-way but will be maintained by the Dublin Crossing master HOA.
The City as a part of the project approval will execute a maintenance agreement
with the Dublin Crossing developer/master HOA who will provide the funding
and long term maintenance of these drainage ditches, which will involve period
visual inspections, scheduled mowing, trash pickup, sediment or debris removal
to ensure the overflow inlets are not blocked and function properly to discharge
the storm runoff.
The construction drawings for the proposed project are included in Appendix A
for reference.
B. Size and Location
The project is approximately 2,400± feet in length and is located adjacent to the
Dublin Crossing Development between Dougherty Road and Dublin Boulevard in
the City of Dublin, Alameda County. A vicinity map is included in Appendix B for
reference.
C. Existing Site Features and Condition
The project site is generally flat and currently consists of a 2-lane street
(between Dougherty Road and Houston Place) and a 12-foot wide asphalt paved
path providing pedestrian connection from Dougherty Road to Dublin Boulevard.
In addition, there are two drainage ditches currently existing on the project site
intercepting local drainage runoff within and/or adjacent to the project site and
discharging the water into an existing 2 – 8’x8’ underground box culvert under
Dublin Boulevard.
D. Pollutants of Concern
Pollutants of concern from this project include oil, grease, sediments, pesticides,
fertilizer, and trash. The post construction storm water treatment measures
should be designed to remove and minimize these pollutants from entering into
the underground storm drains.
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E. Site Design Consideration
1. Site Design Measures
Site design measures are site planning techniques to help reduce storm
water pollutants and reduce impervious surfaces of development sites. The
following site design measures could be implemented:
x reduce impervious surfaces
x maximum use of landscaping
x direct storm water runoff generated by the proposed impervious surfaces
to LID treatment areas.
2. Source Controls
Source controls prevent potential pollutant sources from contacting rainfall
and storm water. Source control measures consist of structural or
operational “good housekeeping” practices. The following source control
measures could be implemented:
x Pest resistant landscaping.
x Select planting materials to site specific characteristics such as soil type,
climate, prevailing wind, sunlight, or rainfall to ensure successful
establishment.
x Regular sweeping of streets and sidewalk to minimize accumulation of
litter or debris.
x Routine inspection and cleaning of storm water inlets.
x Storm drain inlets clearly marked “no dumping – drains to bay”.
x Proper maintenance of landscaping with minimal pesticide and fertilizer
use.
x Project CC&R’s or education materials to inform tenants and/or building
owners that no person shall dispose of, or permit the disposal, directly or
indirectly of vehicle fluids, hazardous materials or rinsed water from
tools, equipment, or trash cans into storm drains.
x Regularly mow grass in bio-retention areas and remove clippings from
the site.
3. Storm Water Treatment Measures
Storm water treatment measures are landscape based engineered treatment
system to remove pollutants from storm water using natural process such as
infiltration, ponding, flow-thru, or sedimentation. Storm water treatment
measures must be sized to comply with provision C.3 and the Alameda
County C.3 Storm Water Technical Guidance. The proposed project will
generate impervious surfaces that would be required to be treated using
landscaped base C.3 treatment measures. Selection, preliminary design and
calculations of the proposed C.3 storm water treatment measures
are outlined in more details in Sections III and IV below.
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4. Hydromodification Management
Hydromodification management (HM) include site design and source control
measures that promote infiltration or minimize change in the rate and flow
of runoff, when compared to pre-construction condition, and to minimize
downstream channel sediment and erosion. Due to the clayey nature of soil
condition, infiltration is determined to be infeasible. Therefore,
underground oversized 60” storage pipes are proposed to mitigate increase
in runoff flow due to increase in the impervious surface. Preliminary design
and calculations of the storage volumes are outlined in more detail in
Sections III and V below.
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III. STORM WATER TREATMENT & HYDROMODIFICATION MANAGEMENT EVALUATION
A. Site Constraints
1. The low permeability and high clay content of the project site soil combined
with high ground water table make it undesirable to promote infiltration.
2. Parkway strips and/or open landscape areas are limited where these areas
could be utilized for LID treatment areas.
3. Due to the fact that this is a roadway improvement project, promoting
pedestrian connectivity with paved path and sidewalk which minimize
available space for treatment measures and hydromodification management
storage facilities.
B. Storm Water Treatment Measures
Given the constraints of the project site and the goal of LID to reduce storm
water runoff and mimic pre-construction hydrology, bio-retention and silva cells
are selected to treat and reduce storm water pollutants from entering into the
underground storm drains. Runoff from the new roadway impervious surface is
designed to sheet flow across the pavement into the selected storm water
treatment measures prior to discharging into the underground storm drains.
The two treatment measures are described below:
1. Bio-retention
Bioretention treatment areas function as soil- and plant-based filtration that
removes pollutants through a variety of physical, biological, and chemical
process. These facilities consist of a 3-inch layer of non-floatable, aged bark
ground cover or pea stone ground cover, planted landscaping (primarily
grasses, shrubs and trees) from the approved Bay Friendly C.3 plant list, 18”
of sandy loam soil (with a minimum percolation rate of 5 inches/hour and a
maximum percolation rate of 10 inches/hour), 12” of drain rock, and under
drains. The storm water runoff from impervious surface is directed and
passed through the bioretention areas and distributed evenly along a
ponding area. Storm water runoff will percolate through the sandy loam
treatment soil, eventually captured by the under drains, and discharged into
the underground storm drains. Details for bio-retention are shown on the
Storm Water Site Plan included in Appendix C for reference.
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2. Silva Cells
Silva cell is a modular suspended system consisting of a base, posts and a
deck that uses soil volumes to support tree growth and provide storm water
treatment thru infiltration and absorption. The silva cell product is consistent
with the design details reviewed and approved by the RWQCB as an accepted
method of incorporating bio-retention under paved or hardscape surfaces.
The assembled cells transfer vertical loads downward to a sub-base thru the
posts. Silva cells acts like an “underground bio-retention system.” Voids in
the cells allow treatment soils (same specifications as bio-retention noted
above) be filled and easy movement of water in and through the
system. The void space between the top of treatment soil and the deck of
the cells will provide ponding depths before storm water runoff infiltrate
through the treatment soil. Details and product information sheets of the
silva cells are included in Appendix D for reference.
C. Hydromodification Management
Provision C.3.g.iv identified three types of hydromodification management:
1. On-site controls
2. Regional controls
3. In-stream measures
The proposed project will address hydromodification management impacts
through the on-site controls approach which consists of:
x On-site LID features and facilities, which are generally included to meet
storm water treatment requirements such as bio-retention or silva cells
employed in this project. These features will contribute to
hydromodification management by detaining runoff using the ponding within
the LID features.
x On-site structural hydromodification management measures, which manage
excess runoff after hydrologic source control measures are applied. These
“end of pipe” measures anticipate the effects of hydrograph changes. Storm
water is temporarily detained, and gradually discharged to off-site storm
drain system.
For this proposed project, oversized underground storage pipes consisting of 60”
HDPE pipes are utilized to meet this requirement.
Storm Water Management Site Plans based on above discussed treatment and
storage facilities are included in Appendix C for reference.
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IV. BIO-RETENTION DESIGN ELEMENTS, MAINTENANCE REQUIREMENTS, AND INSPECTION
SCHEDULE
Typical design of a bioretention shall include a 3-inch layer of “arbor,” “aged,” or
“composted” mulch that will reside above the design finish grade of the facility floor at
the surface of any exposed soil areas between plantings. The vegetation should be
facility-specific plantings into an 18-inch layer of specified bioretention soil. A 12-inch
layer of underlying drain rock, an underdrain pipe and a low-flow orifice provides
passage from the bio-retention into the receiving waters for bioremediated water not
held within the soil matrix. Water-quality treatment is achieved through percolation of
the storm water runoff through the bioretention mulch, plantings, soil, and rock layers.
Suspended solids and heavy metals are removed by filtering through vegetation and by
particle settlement. Dissolved constituents are removed through chemical or biological
mechanisms mediated by the vegetation and bioretention soils. Photodegradation,
adsorption and other processes remove oils, greases and other organics. Very low
permeability of the Project soils may limit infiltration beyond the drain rock layer into
native soils. With no known groundwater in the area, no liners will be placed under the
bioretention facilities.
Proper function and efficacy of the facilities relies on several important design elements
including the following:
A. Water-quality Treatment Floor Area: The primary floor area for each individual
facility has been sized in accordance with provision C.3 and the Alameda C.3
Storm Water Technical Guidance. The floor area must not be reduced or
modified from original design. In order for the facility to properly function, the
runoff onto the floor must be uniformly distributed, without excessive velocities
that can lead to erosion and mobilization of already deposited material. This
requires careful grading at construction, and may require periodic redistribution
and replenishment of mulch and soils to maintain a uniform basin floor. The
floor should be kept clear of debris, trash, and obstructions and any erosion
should be repaired noted and repaired.
At the curb inlets to the treatment floor, 4 to 6-inch size cobbles should be
placed in a 2'x2' area in front of all curb cuts. There should be a “drop” from
pavement grade to cobble Debris built up at the cobbles and curb cut shall be
removed to allow for the 4-inch drop.
x Inspect and perform maintenance - Monthly
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B. Bioretention Mulch: Proper soil formulation and maintenance is critical for the
success of a bioretention facility, including maintenance of a 3-inch “arbor,”
“aged,” or “composted” mulch layer at ground surface. The mulch layer should
cover all soils where plants are not present and shall be checked and
redistributed or replenished as needed. As the mulch natural decomposes, it
must be replaced to a level of 3 inches above the soil, across the entire floor.
x Inspect and perform maintenance - Three times per year
C. Bioretention Soil: It is critical that all soils in each bioretention facility meet the
soil specifications set forth in Alameda C.3 Storm Water Technical Guidance. The
engineered soil in each bioretention facility is to be at minimum 18 inches deep.
Bioretention facilities are designed to have a long-term percolation rate of five
inches per hour, so infiltration rates should be initially higher to allow for the
tendency of infiltration rates to reduce over time. When the entire soil bed must
be replaced (see Appropriate drawdown rates, below), the used soil must first be
tested using the toxic characteristics leaching procedure (TCLP) per EPA
regulations (40 CFR Part 261) or most current standard (refer to www.epa.gov),
and, if above thresholds, disposed of at an approved remediation facility.
x Inspect and perform maintenance - Three times per year
D. Bioretention Vegetation: Vegetation plays an important role in storm water
treatment facilities by promoting infiltration, evapotranspiration, sedimentation,
trapping of pollutants, phytoremediation, and soil stabilization, and by providing
aesthetic benefits. Selection of proper plantings and early care and maintenance
is critical for the establishment and success of the biota in a bioretention facility.
Planting guidance set forth in Alameda C.3 Storm Water Technical Guidance
should be followed. California native grasses that tolerate the annual dry-
summer drought conditions are preferred within the facilities. Supplemental
irrigation during dry conditions may be required, as the engineered fast-draining
soils required of the bioretention facilities are not native soils. No shrubs or trees
should be planted or allowed to grow opportunistically within the basin bottoms.
No invasive species, including invasive grasses, invasive herbaceous or emergent
plants, invasive shrubs or tree species should be planted or allowed to grow
opportunistically on the facility floors. Diseased vegetation shall be treated, as
needed, using preventative and low-toxic measures to the extent possible, and
replace any dead plants.
x Inspect and perform maintenance – Three times per year
E. Drain Rock: Below the bioretention soil layer is a 12-inch thick layer of Caltrans
Standard Section 68-1.025 permeable material Class 2 drain rock as specified in
the Alameda C.3 Storm Water Technical Guidance. The drain rock assists in
avoiding clogging of the underdrain system.
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x Inspect and perform maintenance - Three times per year
F. Underdrain: The lateral underdrains consist of minimum 4-inch diameter
perforated PVC pipes that allow water to gravity flow to the low-flow outlet
orifice. The underdrain system promotes infiltration into the bioretention soils.
x Inspect and perform maintenance - Three times per year
G. Cleanouts: Cleanouts are located at the ends of the PVC pipes and are installed
to allow above-surface access to the underdrains for routine maintenance. In the
event that drawdown rates are found to be too slow, clogging of the PVC pipes is
one likely reason. The cleanouts are to be utilized to clear the pipes.
x Inspect and perform maintenance - Three times per year
H. Appropriate Drawdown Rates: The facilities are intended to remove pollutants
via filtration through bioretention vegetation and the soil layer. Flow regulation
is achieved through the effective bioretention percolation rate, as well as the use
of the underdrain system and low-flow outlet orifice. Drawdown times in excess
of six hours following a rainfall event are indications of clogging or blockage of
one or a combination of the underdrain, the bioretention soil or the low-flow
outlet orifice. A staff plate shall be installed in the bioretention facility so that
water levels during and after storm events can be recorded and drawdown rates
calculated. Slow drawdown rates following a storm event may require non-
routine maintenance activities to correct the slow rates, including, but not
limited to cleaning out the underdrains, removing fine-grained sedimentation in
the mulch layer and soil layer and clearing blockages from the low-flow outlet
orifice. If ponded water does not drain within five days, remove surface soils and
replace with sand. If mosquito larvae are observed, contact the Alameda County
Mosquito Abatement District at 510/783-7744.
x Inspect and perform maintenance – Monthly during rainy season
I. Overflow Inlet: The bioretention facilities have been designed to treat and drain
the required runoff water-quality volume, however, the limiting percolation rate
of the engineered soil does not allow the underdrain system to fully
accommodate larger storm events. Therefore, an overflow inlet has been
included as part of the outlet structure for each facility. The inlet is designed to
allow approximately 6 inches of surface ponding before sending excess water
directly to the outfall. If blockages are noticed during inspections, the
obstructions must be removed.
x Inspect and perform maintenance – Monthly
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J. Non-Routine Maintenance: When obstructions, or other conditions have cause
a blockage in the bioretention facility such that the facility has ceased to drain,
maintenance personal should be contacted for a non-routine maintenance visit
within 48 hours to remove obstructions during the wet season, and within 7 days
during the dry season.
K. Sediment Accumulation: Inspections for sediment shall occur during the routine
inspection of the treatment floor area. The highest chance for the accumulation
of sediment will likely be early in the development of the site, when construction
is occurring near the newly installed facilities. Heavy loads of sediment could also
be introduced to the facility gradually. Sediments on top of the mulch/ soil layer
should be removed, as such sediments may affect infiltration and drainage rates.
If the amount of sediment that has collected is estimated to exceed a depth of 2
inches, even a small patch, the sediment will require removal. Sediment removal
should be carried out using proven techniques familiar to the maintenance staff,
or by sub-contracting the task to a reputable firm that has experience in such
techniques. Inspection of the degree of sedimentation will dictate how much of
the mulch layer and the soil layer will need to be removed, or partially removed,
and replaced. If fine sediments are present on top of the soil layer, then mulch
will need to be replaced in that area. If fine sediments are present in the soil
layer, then the soil column will have to be inspected, and it shall be determined
how much of the soils will need to be removed and replaced.
L. Documentation and Timing of Inspections: All inspections and records of
maintenance will be recorded on the Bioretention Inspection and Maintenance
Checklist located in Appendix E. Table 2, below, summarizes the inspection
schedule for the key design elements described, above. For design elements that
require three visits per year, it is suggested that two of the three routine
monitoring visits be scheduled during the wet season. The wet season visits
should be scheduled for the months of December and February when wet
conditions are generally expected so that draw down durations can be observed.
A dry season inspection should occur preferably no sooner than August or later
than September so that any remedial actions can be completed prior to the
ensuing rainy season.
Table 2. Frequency of Inspections of Key Bioretention Design Elements
Key Design Element Frequency of Inspection
Water-quality treatment floor area Monthly
Bioretention mulch Three times per year
Bioretention soil Three times per year
Bioretention vegetation Three times per year
Drain rock Three times per year
Underdrain Three times per year
Cleanouts Three times per year
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Key Design Element Frequency of Inspection
Appropriate drawdown rates Monthly during rainy season
Overflow inlet Monthly
.
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V. SILVA CELL DESIGN ELEMENTS, MAINTENANCE REQUIREMENTS, AND INSPECTION
SCHEDULE
Key components of the Silva Cell system include the inlet structures, distribution pipes,
the modular Silva Cell units and frames, fill soils, underdrain pipe, flow control
structures, trees/vegetation, and surface treatments. Intended general design functions
and maintenance considerations for each of these key components are discussed below.
Proper function and efficacy of the Silva Cells relies on several important design
elements including the following:
A. Inlet System: Silva Cell inlet systems can be designed to allow storm water
runoff to flow into the facility in a number of ways. Water can sheet flow from
adjacent hardened surfaces, infiltrate via overlying or adjacent permeable
surfaces, flow through curb cuts, or be piped from a catch basin, roof drains, or
yard drains. Some of the Dublin Crossing Silva Cells use low-flow inlets that must
be properly maintained to allow storm water runoff from the intended
contributing drainage area to enter the facility. Key maintenance considerations
include providing pre-treatment through temporary erosion and sedimentation
control measures in the tributary drainage basin during construction and long-
term pre-treatment through stabilization of open soil areas in the tributary basin
with plants or mulch and maintenance of inlet capacity by removing sediment,
trash, and debris from inlets and the contributing drainage area.
x Inspect and perform maintenance – Monthly
B. Distribution Pipe: The Dublin Crossing Silva Cells utilize 4-inch distribution pipes
to distribute inflows across the surface of the facility. The pipes are perforated or
slotted pipes installed on top of ½-inch drain rock. Maintenance activities should
preserve the ability of the pipe to distribute the water effectively by removing
clogs and repairing or replacing cracked or broken pipes as needed.
x Inspect and perform maintenance – Three times per year
C. Silva Cell Modular Units: Silva Cell modular units are made from fiberglass-
reinforced, chemically-coupled, impact-modified polypropylene with galvanized
steel tubes. Each module provides a 92% void volume, which is backfilled with a
specified type and depth of soil media to support tree growth and promote
storm water management. When used in a typical pedestrian application, the
Silva Cell system has an estimated design life of approximately 100 years
(DeepRoot 2014). The units themselves are not expected to require maintenance
within that design life duration when properly designed and installed.
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D. Soil Media: The soil media filled within the Silva Cell units performs critical
functions of supporting tree growth and managing storm water runoff. Organic
matter in the soil media is important for both of these functions; because it
helps trees build soil structure, provides a nutrient reservoir, and increases soil
water holding capacity. In order to preserve a healthy balance of soil organic
matter and soil biology, excess soil compaction must be prevented and proper
drainage through the system must be maintained. Silva Cells protect soils under
pavement from excessive compaction by providing a post and beam structure
that supports the pavement, allowing the soil media backfill to be lightly
compacted. The lightly compacted soil media creates a healthy rooting
environment for trees, which deliver increasing amounts of organic content to
the soil system as the roots grow and decay. Storm water inputs also deliver
nutrients, such as nitrogen and phosphorus, helping to maintain soil organic
matter over time.
Routine maintenance of the soil media is generally not needed provided the
installation process of the Cell and soil has been carried out correctly and the
inlet and distribution systems are properly designed, installed, and maintained.
However, if soils must be replaced, they must be in compliance with the soils
specification outline in Appendix K of the Alameda County C.3 Storm Water
Technical Guidebook, attached in Appendix I.
E. Underdrain Pipe: Silva Cells include underdrains when infiltration of treated
storm water runoff into native soil is not feasible or not desirable. The
underdrains are located near the bottom of the facility and consist of a 4-inch
SDR – 35 PVC perforated pipe. The pipe is located within an aggregate filter
blanket layer. Proper design and specification of the aggregate filter blanket or
geotextile liner is critical to minimizing or preventing fines from the soil media or
the native site soils from clogging the pipe. Blockages in the pipe must be
removed.
x Inspect and perform maintenance – Three times per year
F. Trees / Vegetation: Silva Cells fundamentally promote tree growth, and are
typically designed with one or more trees that are planted either in the facility or
next to the facility in a way that allows the roots to grow into the soil media.
Properly designed Silva Cells provide the needed soil volume and quality, water
flow, and air flow to allow the trees to reach their true mature size. As healthy
trees grow, their canopies provide increasing capacity over time for interception,
storage, and evapotranspiration. As the roots grow, they increase the trees’
ability to uptake storm water and associated pollutants and enhance infiltration
by maintaining macropores in the soil column. Maintaining the trees as part of
the Silva Cell system is therefore important to the overall performance of the
facility over time. Trees and vegetation adapted to site conditions, such as
climate, hydrology, and soil type, should be selected wherever possible to
reduce chemical inputs and reduce or eliminate the need for watering. Proper
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maintenance of the inlet system and distribution system are also important to
maintaining trees and vegetation properly watered. Similarly, proper
maintenance of the underdrain pipe and flow control devices is important to
maintaining desired watering regimes and draw-down rates.
x Inspect and perform maintenance –
Check tree health – Annually
Remove weeds – Monthly
G. Surface Treatment: Silva Cells can be designed to provide structural support for
a variety of surface treatment types, including hard surfaces (e.g., permeable or
impermeable asphalt, concrete, pavers, etc.) or natural surfaces (e.g., soil, lawn,
vegetation). At the Dublin Crossing Project, the natural surface component of the
Silva Cells will consist of 1 to 2 inches of mulch above the tree pit. The much
must be retained to cover all soil. As the much decomposes it must be replaced.
x Inspect and perform maintenance – Monthly
H. Repairs to Silva Cells: As the Silva Cell is a system that interacts with other
infrastructure, repairs to adjacent elements, such as paving surfaces or utilities
and services, must be undertaken with an understanding of the site-specific
installation. Repairs to all system components and adjacent or nearby elements
should be done per local guidelines and details shown on the Storm Water
Management Site Plan in Appendix C.
Each Silva Cell stack is independent of the Silva Cell stack adjacent to it.
Therefore, if an individual stack is disturbed, the entire system is generally not
expected to be compromised.
The Silva Cell Operations Manual (DeepRoot 2011), included in Appendix A,
provides general information on how to protect installed Silva Cell systems,
manage utilities in the vicinity of installed systems, repair or replace overlying
pavement, and remove or replace Silva Cells and trees as needed.
I. Documentation and Timing of Inspections: All inspections and records of
maintenance will be recorded on the Silva Cell Inspection and Maintenance
Checklist located in Appendix F. Table 3, below, summarizes the inspection
schedule for the key design elements described, above. For design elements that
require three visits per year, it is suggested that two of the three routine
monitoring visits be scheduled during the wet season. The wet season visits
should be scheduled for the months of December and February when wet
conditions are generally expected so that potential blockages can be observed. A
dry season inspection should occur preferably no sooner than August or later
than September so that any remedial actions can be completed prior to the
ensuing rainy season.
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Table 3. Frequency of Inspections of Key Silva Cell Design Elements
Key Design Element Frequency of Inspection
Inlet system Monthly
Distribution Pipe Three times per year
Silva Cell Modular Units As needed
Soil Media As needed
Underdrain Pipe Three times per year
Trees / Vegetation
Check tree health Annually
Remove weeds Monthly
Surface Treatment Monthly
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VI. HYDROMODIFICATION DESIGN ELEMENTS, MAINTENANCE REQUIREMENTS, AND
INSPECTION SCHEDULE
A. Routine Maintenance: The Hydromodification facilities shall be inspected prior
to the start of every rainy season (prior to October 1st). The inlet and outlet pipes
to the HM structures shall be checked for any blockages or damage. The outlet
structure containing the weir and orifice control devices shall be inspected for
sediment accumulation and shall be cleaned by vacuum apparatus or by hand
removal prior to the start of each rainy season.
B. Non-Routine Maintenance: When obstructions, or other conditions have
caused a blockage in the hydromodification facility such that the facility has
ceased to drain, maintenance personal should be contacted for a non-routine
maintenance visit within 48 hours to remove obstructions during the wet season,
and within 7 days during the dry season.
C. Sediment Accumulation: Inspections for sediment shall occur prior to each rainy
season (October 1st). The highest chance for the accumulation of sediment will
likely be early in the development of the site, when construction is occurring
near the newly installed facilities. Heavy loads of sediment could also be
introduce to the facility gradually. Sediment removal should be carried out using
proven techniques familiar to the maintenance staff, or by sub-contracting the
task to a reputable firm that has experience in such techniques.
D. Documentation and Timing of Inspections: All inspections and records of
maintenance will be recorded on the Hydromodification Inspection and
Maintenance Checklist located in Appendix G. Table 4, below, summarizes the
inspection schedule for the key design elements described, above.
Table 4. Frequency of Inspections of Hydromodification Design Elements
Key Design Element Frequency of Inspection
Weir structure Yearly, prior to rainy season
Orifice structure Yearly, prior to rainy season
Inlet / Outlet pipes Yearly, prior to rainy season
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VII. OPERATION AND MAINTENANCE
A. General
Maintenance is essential for assuring the storm water treatment measures and
hydromodification management facilities function effectively and do not cause
flooding, provide habitat for mosquitos or otherwise become a nuisance. The
master homeowners association (HOA) contracted with a City approved list of
maintenance contractors or the City will be responsible for providing proper
maintenance for these post-construction storm water treatment measures and
hydromodification management devices. An Operation and Maintenance (O&M)
Agreement will be executed with the City by the master HOA accepting
responsibility for maintenance of the portion of storm water treatment facilities
HOA is responsible for maintaining as well as ensuring access by the City, Water
Board, Alameda County Mosquito Abatement District or Vector Control District
for routine inspection.
B. Staff Skills and Staffing
The skills and staff required to inspect and maintain the storm water facilities
will vary depending on the type of inspection being conducted. Routine
maintenance and inspection activities for the above-ground features will
generally be similar to that of a street tree, planter strip, or sidewalk. Routine
maintenance for the below-ground features will generally be similar to that of an
underdrain or footing drain system.
Staff will receive training specific to the treatment control type to be
inspected/maintained, and shall review the requirements in this Manual.
The Table 1, below, summarizes the staffing resources that may be required for
routine maintenance and inspection activities:
Table 1. Inspection and Maintenance Staff Skills
Maintenance Activity Staff Skills
Landscaping
Staff must have appropriate landscaping
skills, including plant care, watering, and
weeding, based on the trees/vegetation
present; staff must have the ability to identify
plants, weeds, and invasive weed species and
have knowledge of the timing of weed
seeding and growing periods.
Pruning and tree care Staff conducting pruning and tree care activates
should be a certified arborist or have equivalent
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Pest Management Staff conducting pest management activities
must be able to identify pests applicable to
the region and be familiar with methods to
address those issues.
Erosion Control Staff must have general knowledge of
identifying sources of erosion,
prevention methods, and removal
methods.
Drainage System
Maintenance
Staff inspecting drainage system must have
general knowledge of the drainage system
components included in the facility, specific
knowledge of how the facility was built and its
intended to function, and maintenance
history.
C. Records Retention
Inspection records will be kept in the Homeowner's Association Management
office. Records will be made available to City staff at the annual inspection.
Records shall be retained for no less than ten years.
D. Safety
The maintenance staff shall be instructed periodically in safety procedures, per
CalOSHA requirements. High-visibility safety vests must be worn while inspecting
or maintaining the facilities. Traffic controls may be required for some activities.
E. Annual Report
A summary report of each year’s monitoring and maintenance activities
associated with the facilities shall be prepared annually after the summer
inspection to properly document the condition of the bioretention facilities and
Silva Cells in performing storm water functions during the previous rainy season.
And reporting on the conditions of the Hydromodification facilities. Reports shall
be written in accordance with the hydrologic water year, which is defined as
October 1st of the previous year (start of the wet season) through September
30th (end of dry season) of the current year. Each annual report should be
completed by each December 31st following the end of the dry season activities.
Annual monitoring reports are to be written by the designated contact identified
in Section IV. or their representatives, and retained by the master HOA,
according to monitoring and maintenance responsibilities set forth in this
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document. Annual monitoring reports should be used to keep track of the
performance of the facilities under varying wet and dry season conditions.
Copies of all of the monitoring checklists shall be attached to the annual report,
and the report shall summarize the maintenance activities that were carried out
during the previous year. If the inspection staff and designated responsible
person determine that there needs to be any permanent revisions to the
monitoring and maintenance guidelines put forth in this document, then the
annual report will include a description of such revisions.
A sample of the Annual Inspection Report is included Appendix H for reference.
Appendix A
Scarlett Drive Improvement Plans
Appendix B
Vicinity Map
Appendix C
Storm Water Management Site Plan
SECTION A-A
PLAN
AA
Appendix D
Silva Cells Details
Appendix E
Bio-Retention Inspection and Maintenance Checklist
Bioretention Area
Inspection and Maintenance Checklist
Property Address: Property Owner:
Treatment Measure No.: Date of Inspection: Type of Inspection: Monthly Pre-Wet Season After heavy runoff End of Wet Season
Inspector(s): Other:
Defect Conditions When Maintenance Is
Needed
Maintenance
Needed?(Y/N)
Comments (Describe maintenance
completed and if needed maintenance was
not conducted, note when it will be done)
Results Expected When
Maintenance Is Performed
1. Standing Water When water stands in the bioretention
area between storms and does not
drain within five days after rainfall.
There should be no areas of
standing water once inflow has
ceased. Any of the following may
apply: sediment or trash blockages
removed, improved grade from head
to foot of bioretention area, or added
underdrains.
2. Trash and Debris
Accumulation
Trash and debris accumulated in the
bioretention area.
Trash and debris removed from
bioretention area and disposed of
properly.
3. Sediment Evidence of sedimentation in
bioretention area.
Material removed so that there is no
clogging or blockage. Material is
disposed of properly.
4. Erosion Channels have formed around inlets,
there are areas of bare soil, and/or
other evidence of erosion.
Obstructions and sediment removed
so that water flows freely and
disperses over a wide area.
Obstructions and sediment are
disposed of properly.
5. Vegetation Vegetation is dead, diseased and/or
overgrown.
Vegetation is healthy and attractive
in appearance.
6. Cobblestone Cobble stone is missing or patchy in
appearance. Areas of bare earth are
exposed, or cobble stone layer is less
than 3 inches in depth.
All bare earth is covered, except
cobble stone is kept 6 inches away
from trunks of trees and shrubs.
Cobble stone is even in appearance,
at a depth of 3 inches.
7. Irrigation Irrigation system is not working
properly.
Repair as needed and confirm
irrigation system works properly.
8. Soil shrinkage The soil surface is more than 6” below
overflow drain.
Add biotreatment soil mix (specified
in C.3 Technical Guidance Appendix
K), so that soil is at proper depth
(top of mulch is typically 6 inches
below the overflow outlet).
9. Overlfow Pipe to
Outlet to Storm
Drain
Excess fire flows are not conveyed
safely to storm drain. Piping is
damaged or disconnected.
Repair the overflow pipe or remove
material clogging the overflow outlet,
so that excess flow is conveyed
efficiently to storm drain.
10. Miscellaneous Any condition not covered above that
needs attention in order for the
bioretention area to function as
designed.
Meet the design specifications.
Appendix F
Silva Cells Inspection and Maintenance Checklist
Silva Cells
Inspection and Maintenance Checklist
Property Address: Property Owner:
Treatment Measure No.: Date of Inspection: Inspector(s):
Type of Inspection: Monthly Pre-Wet Season After Major Storm
End of Wet Season Other:
Type of Treatment Measure: Silva Cell
Conditions When Maintenance Is Needed
Maintenance
Needed?(Y/N)Comments* Results Expected When Maintenance is
Performed
Facility shows signs of damage from external
source (i.e., excessive loading from the surface,
nearby construction, or similar)
Repair damaged component (refer to the Protection
and Maintenance section of the Silva Cell Operations
Manual included in Appendix B, pages 9-11).
Evidence of clogging, standing water,
accumulation of sediment, debris, or trash
As needed.
Water is not being directed properly to or out
of the Silva Cell facility
Remove any blockages and clean pipe as
needed.
Where applicable- Energy dissipation (i.e.,
splash block, rock, or cobbles) is removed or
missing and concentrated flows are being
directed into the facility improperly
Replace or restore the energy dissipation
component of the facility to the original design.
Water is not passing through the flow
restrictor per the design flow rate
Remove material causing the blockage and repair
component as needed.
Water is not being distributed within the
facility per design
Remove blockages from pipes (e.g., jet clean,
rotary cut roots/debris).
Water is not being drained through the
underdrain pipes per design
Remove blockages from pipes (e.g., jet clean, rotary
cut roots/debris).
Tree requires pruning for safety reasons, to
promote healthy growth or to prevent the tree
from growing in an undesirable manner
Prune tree as needed for safety to promote healthy
growth and to avoid conflicts with adjacent features
(i.e., power lines, clearances from buildings or
sidewalk, or similar). Pruning should be performed by
a landscape professional that has experience
pruning trees and per the guidance of an arborist
certified by the International Society of Arboriculture.
Conditions When Maintenance Is Needed
Maintenance
Needed?(Y/N)Comments* Results Expected When Maintenance is
Performed
Signs of potential danger include broken, dead,
or hanging branches, cracks, fungi, cavities,
weak trunk or branch unions.
Remove components of the facility above the frames
and decks in a manner that minimizes damage to the
facility. Use HydroVac and hand tools to remove soil
if soil removal is needed. Cut and remove roots as
directed by an arborist. Do not cut or damage
frames. Install new tree and Silva Cell components
as needed to restore the facility to its designed
configuration.
Check tree for mower and weed whip
damage, vandal damage, and animal
damage, vandal. Inspect leaves, branches,
crown and trunk for signs of insect or disease
problems.
Diagnose cause of problem: e.g. mower and weed
whip damage, vandal damage, animal damage, over-
or under-watering, pest or and trunk for signs of insect
or disease, soil problems, etc., and remedy
Girding roots are found Remove girding roots
There is soil or mulch on the root collar Clean soil or mulch off root collar until the first set of
roots is found, take care not to harm roots.
Tree is dying, dead, diseased, or has become
a safety hazard.
Remove components of the facility above the
frames and decks in a manner that minimized
damage to the facility. Use HydroVac and hand
tools to remove soil. Cut and remove roots as
directed by an arborist. Do not cut or damage frames
(or base and posts). Install new tree and Silva Cell
components as needed to restore the facility to its
designed configuration. Refer to
the Protection and Maintenance section of the Silva
Cell Operations Manual included in Appendix B.
Dying, dead or unhealthy plants Remove and replace dying, dead or unhealthy
plants.
Weeds present in the facility Remove weeds as necessary. Noxious weeds
should be removed in accordance with local
standards. Avoid using herbicides and pesticides
in an effort to protect water quality.
Mulch layer has bare spots or a depth less
than two inches (50 mm)
Cover bare spots and replenish mulch as required.
Conditions When Maintenance Is Needed
Maintenance
Needed?(Y/N)Comments* Results Expected When Maintenance is
Performed
Tree/vegetation shows signs of being
deprived of water or watering is anticipated
during prolonged dry periods
Water frequency will vary depending on species,
climate, and site conditions. Water
appropriately to maintain a health of the tree or
vegetation. Ensure water is reaching the entire soil
column and perimeter, not just the tree opening.
Damage or erosion caused by animals Remove/reduce the item that is attracting the
nuisance animals. Consider placing decoy
predator species or pet waste bag stations to
promote responsible activities.
Tree/vegetation shows signs of wilting,
chewing of bark, spotting, or other indicators
appropriate for the region.
Remove diseased or dead plants. Remove or
reduce the source attracting the insects if possible.
Follow the pest management procedures
appropriate for the region.
(Describe maintenance completed and if needed maintenance was not conducted, note when it will be done)
Appendix G
Hydromodification Inspection and Maintenance Checklist
Hydromodification
Inspection and Maintenance
Checklist
Property Address: Property Owner:
Treatment Measure No.: Date of Inspection: Inspector(s):
Type of Inspection: Monthly Pre-Wet Season After Major Storm
End of Wet Season Other:
Conditions When Maintenance Is Needed
Maintenance
Needed?(Y/N)Comments* Results Expected When Maintenance is
Performed
Facility shows signs of damage (i.e., excessive
loading from the surface, nearby construction, or
similar).
Repair damaged component as necessary.
Evidence of clogging, standing water,
accumulation of sediment, debris, or trash.
As needed.
Water is not discharging properly thru orifices .Remove any blockages and clean pipe as
needed.
Sediment or debris accumulation at bottom of
storage facility or inlet/outlet pipes.
Remove sediment and/or debris by vacuuming or
flushing.
(Describe maintenance completed and if needed maintenance was not conducted, note when it will be done)
Appendix H
Sample Annual Inspection Report
Storm water Treatment Measures Operation and Maintenance
Inspection Report to the
_______________, Alameda County, California
This report and attached inspection checklists document the inspection and maintenance conducted for the identified
storm water treatment measures (STMs) and flow duration controls (FDCs) subject to the Maintenance Agreement
between the City and the property owner during the annual reporting period indicated below.
I. Property Information:
Property Address or APN:
Property Owner:
II. Contact Information:
Name of person to contact regarding this report:
Phone number of contact person: Email:
Address to which correspondence regarding this report should be directed:
III. Reporting Period:
This report, with the attached completed inspection checklists, documents the inspections and maintenance of the
identified treatment measures during the time period from January 1 to December 31 annually.
IV. Storm Water Treatment Measure and Flow Duration Control Information:
The following STMs and FDCs are located on the property identified above and are subject to the Maintenance
Agreement:
Number of each type
of STM or FDC
Type of STM or FDC Location of STMs & FDCs on the Property
V. Sediment Removal
Total amount of accumulated sediment removed from the storm water treatment measure(s) during the reporting
period: _________ cubic yards.
The sediment was removed and disposed as follows:
VI. Inspector Information:
The inspections documented in the attached inspection checklists were conducted by the following inspector(s):
Inspector Name and Title Inspector’s Employer and Address
VII. Statement of STM and FDC Condition
Based on the inspections documented in the attached checklists, are the STMs and FDCs identified in this report
present, functional and being maintained as required by the Maintenance Plan? (Check yes or no.)
____YES ____NO
If “NO”, describe problem, proposed solution and schedule of correction:
VIII. Certification:
I hereby certify, under penalty of perjury, that the information presented in this report and attachments is true and
complete:
Signature of Property Owner or Other Responsible Party Date
Type or Print Name
Company Name
Address
Phone number: Email:
Appendix I
Sandy Loam Soil Specifications
APPENDIX K K-1
AppendixKK
Soil Specifications
The revised regional Specification of Soils for Biotreatment or Bioretention Facilities, approved by
the Regional Water Board on April 18, 2016, are provided on the following pages. Provision
C.3.c.i.(2)(c)(ii) of the reissued MRP (Regional Water Board Order No. R2-2015-0049), dated
November 19, 2015, allowed for the previous version of these specifications to be revised, subject
to approval of the Regional Water Board’s Executive Officer. Biotreatment facilities designed to
meet Provision C.3 requirements must use biotreatment soil media that meet the minimum
specifications set forth in the following pages. Alternative biotreatment mixes that achieve a long-
term infiltration rate of 5 to 10 inches per hour, and are suitable for plant health, may be used in
accordance with the requirements described in the specifications, under the heading “Verification of
Alternative Bioretention Soil Mixes”.
This appendix includes the following documents:
Specification of Soils for Biotreatment or Bioretention Facilities
Approval letter from the Regional Water Board Executive Officer
Biotreatment Soil Mix Specification Verification Checklist
Biotreatment Soil Mix Supplier List
Biotreatment Soil Mix Supplier Certification Statement
Bioretention Soil Installation Guidance
The documents included in this appendix may be downloaded from the Clean Water
Program’s website at:
www.cleanwaterprogram.org (click on “Resources,” then “Development.”)
BASMAA Regional Biotreatment Soil Specification
Page-1 Date: January 29, 2016
Specification of soils for Biotreatment or Bioretention Facilities
Soils for biotreatment or bioretention areas shall meet two objectives:
• Be sufficiently permeable to infiltrate runoff at a minimum rate of 5" per hour during the
life of the facility, and
• Have sufficient moisture retention to support healthy vegetation.
Achieving both objectives with an engineered soil mix requires careful specification of soil
gradations and a substantial component of organic material (typically compost).
Local soil products suppliers have expressed interest in developing ‘brand-name’ mixes that
meet these specifications. At their sole discretion, municipal construction inspectors may choose
to accept test results and certification for a ‘brand-name’ mix from a soil supplier.
Tests must be conducted within 120 days prior to the delivery date of the bioretention soil to the
project site.
Batch-specific test results and certification shall be required for projects installing more than 100
cubic yards of bioretention soil.
SOIL SPECIFICATIONS
Bioretention soils shall meet the following criteria. “Applicant” refers to the entity proposing the
soil mixture for approval by a Permittee.
1. General Requirements – Bioretention soil shall:
a. Achieve a long-term, in-place infiltration rate of at least 5 inches per hour.
b. Support vigorous plant growth.
c. Consist of the following mixture of fine sand and compost, measured on a volume basis:
60%-70% Sand
30%-40% Compost
2. Submittal Requirements – The applicant shall submit to the Permittee for approval:
a. A minimum one-gallon size sample of mixed bioretention soil.
b. Certification from the soil supplier or an accredited laboratory that the Bioretention Soil
meets the requirements of this guideline specification.
c. Grain size analysis results of the fine sand component performed in accordance with
ASTM D 422, Standard Test Method for Particle Size Analysis of Soils or Caltrans Test
Method (CTM) C202.
d. Quality analysis results for compost performed in accordance with Seal of Testing
Assurance (STA) standards, as specified in 4.
e. Organic content test results of mixed Bioretention Soil. Organic content test shall be
performed in accordance with by Testing Methods for the Examination of Compost and
Composting (TMECC) 05.07A, “Loss-On-Ignition Organic Matter Method”.
f. Grain size analysis results of compost component performed in accordance with ASTM
D 422, Standard Test Method for Particle Size Analysis of Soils.
g. A description of the equipment and methods used to mix the sand and compost to
produce Bioretention Soil.
BASMAA Regional Biotreatment Soil Specification
Page-2 Date: January 29, 2016
h. Provide the name of the testing laboratory(s) and the following information:
(1) Contact person(s)
(2) Address(s)
(3) Phone contact(s)
(4) E-mail address(s)
(5) Qualifications of laboratory(s), and personnel including date of current certification
by USCC, ASTM, Caltrans, or approved equal
3. Sand for Bioretention Soil
a. Sand shall be free of wood, waste, coating such as clay, stone dust, carbonate, etc., or any
other deleterious material. All aggregate passing the No. 200 sieve size shall be
nonplastic.
b. Sand for Bioretention Soils shall be analyzed by an accredited lab using #200, #100, #40
or #50, #30, #16. #8, #4, and 3/8 inch sieves (ASTM D 422, CTM 202 or as approved by
municipality), and meet the following gradation:
Sieve Size Percent Passing (by weight)
Min Max
3/8 inch 100 100
No. 4 90 100
No. 8 70 100
No. 16 40 95
No. 30 15 70
No. 40 or
No.50
5 55
No. 100 0 15
No. 200 0 5
Note: all sands complying with ASTM C33 for fine aggregate comply with the above gradation
requirements.
4. Composted Material
Compost shall be a well decomposed, stable, weed free organic matter source derived from
waste materials including yard debris, wood wastes or other organic materials not including
manure or biosolids meeting the standards developed by the US Composting Council
(USCC). The product shall be certified through the USCC Seal of Testing Assurance (STA)
Program (a compost testing and information disclosure program).
BASMAA Regional Biotreatment Soil Specification
Page-3 Date: January 29, 2016
a. Compost Quality Analysis by Laboratory – Before delivery of the soil, the supplier shall
submit a copy of lab analysis performed by a laboratory that is enrolled in the US
Composting Council’s Compost Analysis Proficiency (CAP) program and using
approved Test Methods for the Examination of Composting and Compost (TMECC). The
lab report shall verify:
(1) Organic Matter Content: 35% - 75% by dry wt.
(2) Carbon and Nitrogen Ratio: C:N < 25:1 and C:N >15:1
(3) Maturity/Stability: Any one of the following is required to indicate stability:
(i) Oxygen Test < 1.3 O2 /unit TS /hr
(ii) Specific oxy. Test < 1.5 O2 / unit BVS /hr
(iii) Respiration test < 8 mg CO2-C /g OM / day
(iv) Dewar test < 20 Temp. rise (°C) e.
(v) Solvita® > 5 Index value
(4) Toxicity: Any one of the following measures is sufficient to indicate non-toxicity.
(i) NH4+ : NO3--N < 3
(ii) Ammonium < 500 ppm, dry basis
(iii) Seed Germination > 80 % of control
(iv) Plant Trials > 80% of control
(v) Solvita® = 5 Index value
(5) Nutrient Content: provide analysis detailing nutrient content including N-P-K, Ca,
Na, Mg, S, and B.
(i) Total Nitrogen content 0.9% or above preferred.
(ii) Boron: Total shall be <80 ppm;
(6) Salinity: Must be reported; < 6.0 mmhos/cm
(7) pH shall be between 6.2 and 8.2 May vary with plant species.
b. Compost Quality Analysis by Compost Supplier – Before delivery of the compost to the
soil supplier the Compost Supplier shall verify the following:
(1) Feedstock materials shall be specified and include one or more of the following:
landscaping/yard trimmings, grass clippings, food scraps, and agricultural crop
residues.
(2) Maturity/Stability: shall have a dark brown color and a soil-like odor. Compost
exhibiting a sour or putrid smell or containing recognizable grass or leaves, or is hot
(120F) upon delivery or rewetting is not acceptable.
(3) Weed seed/pathogen destruction: provide proof of process to further reduce pathogens
(PFRP). For example, turned windrows must reach min. 55C for 15 days with at least
5 turnings during that period.
c. Compost for Bioretention Soil Texture – Compost for bioretention soils shall be analyzed
by an accredited lab using #200, 1/4 inch, 1/2 inch, and 1 inch sieves (ASTM D 422 or as
approved by municipality), and meet the following gradation:
Sieve Size Percent Passing (by weight)
Min Max
BASMAA Regional Biotreatment Soil Specification
Page-4 Date: January 29, 2016
1 inch 99 100
1/2 inch 90 100
1/4 inch 40 90
No. 200 1 10
d. Bulk density shall be between 500 and 1100 dry lbs/cubic yard
e. Moisture content shall be between 30% - 55% of dry solids.
f. Inerts – compost shall be relatively free of inert ingredients, including glass, plastic and
paper, < 1 % by weight or volume.
g. Select Pathogens – Salmonella <3 MPN/4grams of TS, or Coliform Bacteria <10000
MPN/gram.
h. Trace Contaminants Metals (Lead, Mercury, Etc.) – Product must meet US EPA, 40 CFR
503 regulations.
i. Compost Testing – The compost supplier will test all compost products within 120
calendar days prior to application. Samples will be taken using the STA sample collection
protocol. (The sample collection protocol can be obtained from the U.S. Composting
Council, 4250 Veterans Memorial Highway, Suite 275, Holbrook, NY 11741 Phone:
631-737-4931, www.compostingcouncil.org). The sample shall be sent to an independent
STA Program approved lab. The compost supplier will pay for the test.
VERIFICATION OF ALTERNATIVE BIORETENTION SOIL MIXES
Bioretention soils not meeting the above criteria shall be evaluated on a case by case basis.
Alternative bioretention soil shall meet the following specification: “Soils for bioretention
facilities shall be sufficiently permeable to infiltrate runoff at a minimum rate of 5 inches per
hour during the life of the facility, and provide sufficient retention of moisture and nutrients to
support healthy vegetation.”
The following steps shall be followed by municipalities to verify that alternative soil mixes meet
the specification:
1. General Requirements – Bioretention soil shall achieve a long-term, in-place infiltration rate
of at least 5 inches per hour. Bioretention soil shall also support vigorous plant growth. The
applicant refers to the entity proposing the soil mixture for approval.
a. Submittals – The applicant must submit to the municipality for approval:
(1) A minimum one-gallon size sample of mixed bioretention soil.
(2) Certification from the soil supplier or an accredited laboratory that the Bioretention
Soil meets the requirements of this guideline specification.
BASMAA Regional Biotreatment Soil Specification
Page-5 Date: January 29, 2016
(3) Certification from an accredited geotechnical testing laboratory that the Bioretention
Soil has an infiltration rate between 5 and 12 inches per hour as tested according to
Section 1.b.(2)(ii).
(4) Organic content test results of mixed Bioretention Soil. Organic content test shall be
performed in accordance with by Testing Methods for the Examination of Compost
and Composting (TMECC) 05.07A, “Loss-On-Ignition Organic Matter Method”.
(5) Grain size analysis results of mixed bioretention soil performed in accordance with
ASTM D 422, Standard Test Method for Particle Size Analysis of Soils.
(6) A description of the equipment and methods used to mix the sand and compost to
produce Bioretention Soil.
(7) The name of the testing laboratory(s) and the following information:
(i) Contact person(s)
(ii) Address(s)
(iii) Phone contact(s)
(iv) E-mail address(s)
(v) Qualifications of laboratory(s), and personnel including date of current
certification by STA, ASTM, or approved equal.
b. Bioretention Soil
(1) Bioretention Soil Texture: Bioretention Soils shall be analyzed by an accredited lab
using #200, and 1/2” inch sieves (ASTM D 422 or as approved by municipality), and
meet the following gradation:
SieveSizePercentPassing(byweight)
MinMax
1/2inch97100
No.20025
(2) Bioretention Soil Permeability testing: Bioretention Soils shall be analyzed by an
accredited geotechnical lab for the following tests:
(i) Moisture – density relationships (compaction tests) shall be conducted on
bioretention soil. Bioretention soil for the permeability test shall be compacted
to 85 to 90 percent of the maximum dry density (ASTM D1557).
(ii) Constant head permeability testing in accordance with ASTM D2434 shall be
conducted on a minimum of two samples with a 6-inch mold and vacuum
saturation.
MULCH FOR BIORETENTION FACILITIES
Three inches of mulch is recommended for the purpose of retaining moisture, preventing erosion
and minimizing weed growth. Projects subject to the State’s Model Water Efficiency
Landscaping Ordinance (or comparable local ordinance) will be required to provide at least three
inches of mulch. Aged mulch, also called compost mulch, reduces the ability of weeds to
establish, keeps soil moist, and replenishes soil nutrients. Aged mulch can be obtained through
soil suppliers or directly from commercial recycling yards. It is recommended to apply 1" to 2"
of composted mulch, once a year, preferably in June following weeding.
April 18, 2016
CIWQS Place No. 756972 (SKM)
To: Municipal Regional Stormwater NPDES Permit (Order No. R2-2015-0049)
Permittees
Sent via email to:
Mr. James Scanlin, Alameda Countywide Clean Water Program:
jimd@acpwa.org
Mr. Tom Dalziel, Contra Costa Clean Water Program:tdalz@pw.cccounty.us
Mr. Kevin Cullen, Fairfield-Suisun Urban Runoff Management Program:
kcullen@fssd.com
Matt Fabry, San Mateo countywide Water Pollution Prevention Program:
mfabry@smcgov.org
Adam Olivieri, Santa Clara Valley Urban Runoff Pollution Prevention Program:
awo@eoainc.com
Doug Scott, Vallejo Sanitation and Flood Control District:dscott@vsfcd.com
Geoff Brosseau, Bay Area Stormwater Management Agencies Association:
Geoff@brosseau.us
Subject: Approval of Revisions to Biotreatment Soil Media Specifications in
Water Board Order No. R2-2015-0049, Municipal Regional Stormwater
NPDES Permit
On February 5, 2016, the Bay Area Stormwater Management Agencies Association
(BASMAA) submitted proposed revisions to the biotreatment soil media specifications
referenced in Provision C.3.c.i.(2)(c)((ii) of Board Order No. R2-2015-0049, the
Municipal Regional Stormwater NPDES Permit (MRP). The proposed revisions were
submitted on behalf of the 76 Permittees regulated by the MRP and were submitted as
allowed under and in accordance with the requirements of Provision C.3.c.i.(2)(c)((ii).
The proposed revisions address issues with the current soil media specifications that
Permittees have identified, based on implementation of these soil media specifications
for the last 5 years under the previous MRP. These identified issues are as follows:
x Compost suppliers are having difficulties meeting the gradation specifications,
soluble boron criteria, and occasionally the pH limits listed in the specifications.
x The specifications contain typographical errors and missing or incorrectly identified
units of measurement.
Wolfe Æ MRP Permittees Page 2
Approval of Revised Soil Media Specifications
This letter approves the Permittees’ proposed changes to the biotreatment soil media
specifications referenced in Provision C.3.c.i.(2)(c)(ii) of the MRP. We understand that
BASMAA intends to convene a soil specification roundtable in Spring 2016 to
investigate the need for alternative specifications that might enhance the performance
of bioretention facilities under varying microclimates and drought conditions and with
diverse planting palettes, including trees.
If you have questions, please contact Sue Ma of my staff at (510) 622-2386 or via email
to sma@waterboards.ca.gov.
Sincerely,
for Bruce H. Wolfe
Executive Officer
1.www.basmaa.org
2.www.swrcb.ca.gov/rwqcb2/water_issues/programs/stormwater/mrp.shtml 5/27/2016;tWǁĞďůŝŶŬƵƉĚĂƚĞĚϰͬϮϬͬϮϬϭϴͿ
BiotreatmentSoilMix
SpecificationVerificationChecklist
Thischecklistisintendedtosupplymunicipalstaff,contractors,designersandotherswithaneasyͲtoͲread
summaryofthedetailedinformationneededtoverifythatthebiotreatmentsoilmixbeingprovidedbytheSoil
MixSuppliermeetstheBASMAARegionalBiotreatmentSoilSpecification1approvedbytheRegionalWaterBoard
ExecutiveOfficeronApril18,20162.
ThechecklistshouldbeprovidedtotheSoilMixSupplierbythemunicipalityorcontractorbeforethesoilmixhas
beenorderedtoallowforsufficienttimetocompiletheinformationandtimetoreviewthecompletedchecklist
beforedeliveryofthesoilmixtothejobsite.
UseofthischecklistisnotrequiredbytheMRPandisintendedonlyforassistanceinreviewingsubmittals.
Additionallyoralternatively,theonepageSupplierCertificationStatement,developedbythestormwater
programslistedbelow,canberequestedfromtheSuppliertoguaranteethattheproductmeetsthespecification.
TheCertificationStatement,alistofSoilMixSuppliers,theBASMAARegionalBiotreatmentSoilSpecification
(2016)andothermaterialsareavailableatthefollowingwebsites:
x AlamedaCountywideCleanWaterProgram:
ǁǁǁ͘ĐůĞĂŶǁĂƚĞƌƉƌŽŐƌĂŵ͘ŽƌŐͬŝŶĚĞdž͘ƉŚƉͬĐϯͲŐƵŝĚĂŶĐĞͲƚĂďůĞ͘Śƚŵů
x ^ĂŶƚĂůĂƌĂsĂůůĞLJhƌďĂŶZƵŶŽĨĨWŽůůƵƚŝŽŶWƌĞǀĞŶƚŝŽŶWƌŽŐƌĂŵ͗
ǁǁǁ͘ƐĐǀƵƌƉƉƉͲǁϮŬ͘ĐŽŵͬŶĚͺǁƉ͘ƐŚƚŵů
x ^ĂŶDĂƚĞŽŽƵŶƚLJǁŝĚĞtĂƚĞƌWŽůůƵƚŝŽŶWƌĞǀĞŶƚŝŽŶWƌŽŐƌĂŵ͗
ǁǁǁ͘ĨůŽǁƐƚŽďĂLJ͘ŽƌŐͬŶĞǁĚĞǀĞůŽƉŵĞŶƚ
Ifamunicipalitychoosestousethechecklist,thefollowingfiveitemsarerequiredtobesubmittedbytheSoilMix
Suppliertotherequestingmunicipalityorcontractor:
x SampleoftheBiotreatmentSoilMix
Aminimum1Ͳgallonbagofsoilmix.
x AttachmentA–SupplierAnalysisoftheBiotreatmentSoilMix
TobecompletedbytheSoilMixSupplierprovidingthesoilmix.
x AttachmentB–LabAnalysisofSandComponentoftheBiotreatmentSoilMix
Tobecompletedbythelaboratoryconductingtheanalysisofthesand.
x AttachmentC–LabAnalysisofCompostComponentoftheBiotreatmentSoilMix
Tobecompletedbythelaboratoryconductingtheanalysisofthecompost.Compostanalysisofasample
collected(inaccordancewiththeSTAsamplecollectionprotocol)shallbecompletedwithinthelast120
days.AnalysismustbecompletedbyalaboratoryenrolledintheUSCompostingCouncil’sCompost
AnalysisProficiencyprogram,andshallusetheTestMethodsfortheEvaluationofCompostingand
Compost(TMECC).
x AttachmentD–SupplierAnalysisofCompostComponentoftheBiotreatmentSoilMix
TobecompletedbytheCompostSupplierprovidingthecompostcomponentofthesoilmix.
5/27/2016
AttachmentA
SupplierAnalysisofBiotreatmentSoilMix
ThetablebelowshallbecompletedbytheBiotreatmentSoilMixSupplier.
Date:
(Alllabtestsmustbedonewithinthelast120days)
NameofPersonFillingOutThisForm:
Title:Signature:
Phone:Email:
CompanyName:City:
StreetAddress:Zip:
IcertifythattheprovidedBiotreatmentSoilMixmeetsthe
requirementsoftheBASMAARegionalBiotreatmentSoil
Specification(2016).
Yes(Pass)
No(Fail)
Describetheequipment
andmethodsusedtomix
thecompostandsand
componentsofthe
BiotreatmentSoilMix.
MaterialStandardPercent(byvolume)ActualMix%PassFail
Sand60%Ͳ70%
Compost30%Ͳ40%
Doesthesoilmixhaveapermeabilityofatleast5inchesperhour?1Yes(Pass)
No(Fail)
Willthesoilmixsupportvigorousplantgrowth?Yes(Pass)
No(Fail)
1Soilmixpermeabilitytestingisonlyrequiredforalternativebiotreatmentsoilmixes.Soilpermeabilitytestsmustbeconductedona
minimumoftwosamplesusingconstantheadpermeabilityinaccordancewithASTMD2434witha6Ͳinchmoldandvacuumsaturation.
AttachmentA
Page1of1
5/27/2016
AttachmentB
LabAnalysisofSandComponentofBiotreatmentSoilMix
Thetablebelowshallbecompletedbythelaboratoryconductingthesandanalysis.
NameofPersonFillingOutThisForm:Signature:
Title:Date:
Phone:Email:
Company:City:
StreetAddress:Zip:
Qualifications&relevantcertifications(ASTM,
CTMorapprovedequivalentcertifications):
Issandfreeofwood,waste,coating(suchasclay,stone
dust,carbonate,etc.),oranyotherdeleteriousmaterial?
Yes(Pass)
No(Fail)
IsallaggregatepassingtheNo.200sievenonͲplastic?Yes(Pass)
No(Fail)
ParticlesizeanalysisshallbeconductedinaccordancewithASTMD422(StandardTestMethodfor
ParticleSizeAnalysisofSoils)orCTM202.Otherequivalentmethodsacceptableonlyifapproved.
SieveSizeStandardPercentPassing(%byweight)TestingResults(%)PassFail
3/8inch100%
No.490%Ͳ100%
No.870%Ͳ100%
No.1640%Ͳ95%
No.3015%Ͳ70%
No.40or
505%Ͳ55%
No.1000%Ͳ15%
No.2000%Ͳ5%
AttachmentB
Page1of1
5/27/2016
AttachmentC
LabAnalysisofCompostComponentofBiotreatmentSoilMix
Thetablebelowshallbecompletedbythelaboratoryconductingthecompostanalysis.
NameofPersonFillingOutThisForm:Signature:
Title:Date:
Phone:Email:
Company:City:
StreetAddress:Zip:
Qualifications&relevantcertifications:
(STA,ASTMorapprovedequivalentcertification)
SpecificationStandardTestingResultsPassFail
OrganicMatterContent35%Ͳ75%
(bydryweight)%
CarbonͲtoͲNitrogenRatio15:1to25:1(C:N)C:N
Salinity<6.0mmhos/cmmmhos/cm
pH6.2Ͳ8.2pH
BulkDensity500–1100drylbs/yd3drylbs/yd3
MoistureContent30%Ͳ55%(ofdrysolids)%
Percentinertingredients
(incl.plastic,glass,paper)
<1%
(byweightorvolume)%
Providetheresultsofatleastoneofthefollowinganalysestoindicatecompoststability:
SpecificationStandardTestingResultsPassFail
OxygenTest<1.302/unitTS/hr02/unitTS/hr
SpecificOxygenTest<1.502/unitBVS/hr02/unitBVS/hr
RespirationTest<8mgCO2ͲC/gOM/daymgCO2ͲC/g
OM/day
Dewartest<20ȗCTemp.risee.ȗCTemp.risee.
Solvita®Indexvalue>5IndexvalueIndexvalue
AttachmentC
Page1of2
5/27/2016
Providetheresultsofatleastoneofthefollowinganalysestoindicatecomposttoxicity:
SpecificationStandardTestingResultsPassFail
RatioNH4+N:NO3
ͲͲN<3NH4+ͲN:NO3
ͲͲN
Ammonium<500ppm,drybasisppm,drybasis
SeedGermination> 80%ofcontrol %ofcontrol
PlantTrials> 80%ofcontrol %ofcontrol
Solvita®Indexvalue=5IndexvalueIndexvalue
Providetheanalysisofthenutrientcontentofthecompost,includingthefollowing:
SpecificationStandardTestingResultsPassFail
Boron(total,inppm)<80ppmppm
Nitrogen(N)(total%)>0.9%preferred. %
Phosphorus(asP2O5)[notspecified]%
Potassium(asK2O)[notspecified]%
Calcium(Ca)[notspecified]%
Sodium(Na)[notspecified]%
Magnesium(Mg)[notspecified]%
Sulfur(S)[notspecified]ppm
Providetheresultsofatleastoneofthefollowingselectpathogens:
SpecificationStandardTestingResultsPassFail
Salmonella<3MPN/4gramsTSMPN/4gramsTS
ColiformBacteria<10,000MPN/gramMPN/gram
DoestheproductmeetUSEPA,40CFR503regulationsregardingtrace
contaminantsmetals(Lead,Mercury,etc.)?
Yes(Pass)
No(Fail)
ParticlesizeanalysisshallbeconductedinaccordancewithASTMD422(StandardTestMethodfor
ParticleSizeAnalysisofSoils)Ͳwashingnotrequired.Equivalentmethodsacceptableifapproved.
SieveSizeStandardPercentPassing(byweight)TestingResults(%)PassFail
1inch99%Ͳ100%
½inch90%Ͳ100%
¼inch40%Ͳ90%
No.2001%Ͳ10%
AttachmentC
Page2of2
5/27/2016
AttachmentD
SupplierAnalysisofCompostComponent
ofBiotreatmentSoilMix
ThetablebelowshallbecompletedbytheCompostSupplierprovidingthecompostforthemix.
NameofCompany:DateofDelivery:
Qualifications&relevantcertifications:
(STA,ASTMorapprovedequivalentcertifications)
DateoftheCompostLabAnalysisReport:
(Mustbedatedwithin120dayspriortodelivery)
NameofPersonFillingOutThisForm:Date:
Signature:StreetAddress:
Emailaddress:City:
Phone:Zip:
Feedstockmaterialshavebeenspecifiedandincludeonlythefollowing:
Landscape/yardtrimmings,grassclippings,foodscraps,oragriculturalcropresidues?
Yes
(Pass)
No
(Fail)
ComposthasadarkbrowncolorandasoilͲlikeodor,doesnotexhibitasourorputrid
smell,doesnotcontainrecognizablegrassorleaves,andisnothot(120ȗF)upon
deliveryorrewetting?
Yes
(Pass)
No
(Fail)
Thecomposthasgonethroughtheprocesstofurtherreducepathogens(PFRP)?For
example,turnedwindrowsmustreachaminimumtemperatureof55ȗCfor15days
withatleast5turningsduringthatperiod.
Yes
(Pass)
No
(Fail)
AttachmentD
Page1of1
Asof:ϭϬͬϯϭͬϮϬϭϳ
Disclaimer:tWprovidesthislistofbiotreatmentsoilmixsuppliersfortheuseofitsmemberagencies,contractors,designersandothersinfindingsuppliersfortheirprojects.Suppliersarelistedbasedona
generalreviewoftheirsoilmixproductincludingtestresults,adherencetotheďŝŽƚƌĞĂƚŵĞŶƚƐŽŝůspecificationĂƉƉƌŽǀĞĚďLJƚŚĞZĞŐŝŽŶĂůtĂƚĞƌŽĂƌĚ džĞĐƵƚŝǀĞKĨĨŝĐĞƌŽŶƉƌŝůϭϴ͕ϮϬϭϲ͕ĂŶĚŬŶŽǁůĞĚŐĞŽĨ
thespecification.ThereforeusersofthistWlistmustmakethefinaldeterminationastotheproductsandadherencetoƚŚĞĂƉƉƌŽǀĞĚďŝŽƚƌĞĂƚŵĞŶƚƐŽŝůƐƉĞĐŝĨŝĐĂƚŝŽŶUsersofthelistassumeallliability
directlyorindirectlyarisingfromuseofthislist.Thelistingofanysoilsupplierisnotbeconstruedasanactualorimpliedendorsement,recommendation,orǁĂƌƌĂŶƚLJŽĨƐƵĐŚƐŽŝůƉƌŽǀŝĚĞƌŽƌƚŚĞŝƌƉƌŽĚƵĐƚƐ͕
noriscriticismimpliedofsimilarsoilsuppliersthatarenotlisted.ThisdisclaimerŝƐĂƉƉůŝĐĂďůĞǁŚĞƚŚĞƌƚŚĞŝŶĨŽƌŵĂƚŝŽŶŝƐŽďƚĂŝŶĞĚŝŶŚĂƌĚĐŽƉLJŽƌĚŽǁŶůŽĂĚĞĚ fromtheInternet.CheckthetWǁĞďƐŝƚĞ
forthe“BiotreatmentSoilMixVerificationChecklist”and“BiotreatmentSoilMix^ƵƉƉůŝĞƌsĞƌŝĨŝĐĂƚŝŽŶ^ƚĂƚĞŵĞŶƚΗĨŽƌĂƐƐŝƐƚĂŶĐĞŝŶƌĞǀŝĞǁŝŶŐĂŶĚĂƉƉƌŽǀŝŶŐƐŽŝůŵŝdžsubmittals͕ŚƚƚƉ͗ͬͬĐůĞĂŶǁĂƚĞƌƉƌŽŐƌĂŵ͘ŽƌŐ
;ĐůŝĐŬŽŶΗZĞƐŽƵƌĐĞƐ͕ΗƚŚĞŶΗĞǀĞůŽƉŵĞŶƚ͘ΗͿ
BIOTREATMENTSOILMIXSUPPLIERLIST
CompanyContactName PhoneAddress City Zip EͲmailWebsite
AmericanSoil&StoneProductsInc.RyanHoffman510Ͳ292Ͳ3018RichmondAnnex,2121San
JoaquinStreet,BuildingA
Richmond94804ryan@americansoil.comwww.americansoil.com
L.H.VossMaterials,Inc. NyokaCorley925Ͳ676Ͳ79105965DoughertyRoadDublin94568nyoka.corley@gmail.comwww.lhvoss.com
LehighHansonAggregatesChrisStromberg510Ͳ246Ͳ03934501TidewaterAvenueOakland94601chris.stromberg@lehighhanson.comwww.lehighhanson.com
LyngsoGardenMaterials,Inc.PaulTruyts650Ͳ333Ͳ1044
650Ͳ364Ͳ1730
19SeaportBoulevardRedwood
City
94063ptruyts@lyngsogarden.comwww.lyngsogarden.com
MarshallBrothersEnterprises,Inc.PhillipMarshall925Ͳ449Ͳ4020P.O.Box2188Livermore94551phillip@mbenterprises.comwww.mbenterprises.com
PleasantonTruckingInc.TomBonnell925Ͳ449Ͳ5400P.O.Box11462Pleasanton94588pleasanton_trucking@yahoo.comwww.pleasantontrucking.com
RecologyBlossomValleyOrganicsDenetteCovarrubias209Ͳ545Ͳ7718
209Ͳ597Ͳ1209
6133HammettCourtModesto95358dcovarrubias@recology.comwww.recology.com/blossomͲ
valleyͲorganicsͲmodesto/
RediͲGroCorporationSharonYon916Ͳ381Ͳ6063
800Ͳ654Ͳ4358
8909ElderCreekRoadSacramento 95828redigropro@rediͲgro.comwww.rediͲgro.com
TMTEnterprises,Inc.MattMoore408Ͳ432Ͳ90401996OaklandRoadSanJose95131info@tmtenterprises.netwww.tmtenterprises.net
<COMPANYNAME>
<ADDRESS>
To:<cityrep,contractororotherappropriateparty>
JobRef:<XYZSTREET,PROJECT#1234>
CertificateofComplianceforBiotreatmentSoilMix
IherebycertifythattheBiotreatmentSoilMix,tobedeliveredto
theprojectcitedabovefromourcompany,meetsthe“Soil
Specifications”criteriaapprovedbytheExecutiveOfficeroftheSan
FranciscoBayRegionalWaterQualityControlBoardonApril18,2016,
inaccordancewithProvisionC.3.c.i.(2)(c)(ii)oftheMunicipalRegional
StormwaterPermit(MRP)adoptedonNovember19,2015.
AcopyofthisCertificateofCompliancewillbeprovidedwiththe
deliveryofthesoilmix.Ourtestresultshavebeenconductedwithin
120dayspriortothedeliverydateofthebiotreatmentsoilmixtothe
projectsite.
ThankYou,
Signed:________________________________________
Name:_________________________________________
Title:__________________________________________
Contactemailaddress_____________________________
Contactphonenumber____________________________
TECHNICAL MEMORANDUM
Regional Bioretention Installation Guidance
Bay Area Stormwater Management Agencies Association
Prepared For:
Bay Area Stormwater Management Agencies
Association (BASMAA)
Contact:
Megan Stromberg
stromberg@wra-ca.com
Date:
November 12, 2010
TABLE OF CONTENTS
INTRODUCTION ....................................................................................................................... 2
INSTALLATION OF BIORETENTION SOILS............................................................................. 2
REFERENCES .......................................................................................................................... 4
2
INTRODUCTION
Recently the San Francisco Bay Regional Water Quality Control Board issued the Municipal
Regional Stormwater Permit. The Bay Area Stormwater Management Agencies Association
(BASMAA) engaged WRA to provide guidance and specification for bioretention soils to assist
stormwater agencies at the associated municipalities in meeting the requirements of the permit.
This report provides guidance for the installation of bioretention soils with the goal of preserving
the integrity of the soil media to support a long-term infiltration rate of 5 to 10 inches per hour,
provide stormwater treatment and support plant health.
INSTALLATION OF BIORETENTION SOILS
The following section provides considerations for proper bioretention soil installation.
Prior to Installing Bioretention Soil:
x Is the contractor familiar with constructing bioretention systems?
x Plan how inspections will be handled as part of the construction process.
x Verify soil meets specification prior to delivering and or placing in the facility.
x Prevent over-compaction of native soils in the area of the basin. Delineate the facility
area and keep construction traffic off. Protect soils with fencing, plywood, etc.
x Provide erosion control in the contributing drainage areas of the facility. Stabilize
upslope areas.
x Facilities should not be used as sediment control facilities.
x Drainage should be directed away from bioretention facilities until upslope areas are
stabilized, if possible. The concentration of fines could prevent post-construction
infiltration.
x If drainage is to be allowed through the facility during construction, leave or backfill at
least 6” above the final grade. Temporarily cover the underdrain with plastic or fabric.
Line or mulch the facility.
x Ideally, bioretention facilities should remain outside the limit of disturbance until
construction of the bioretention begins to prevent soil compaction by heavy equipment.
Protect bioretention areas with silt fence or construction fencing.
x Verify installation of underdrain is correct prior to placing soil.
Soil Mixing and Placement:
x Do not excavate, place soils, or amend soils during wet or saturated conditions.
x Operate equipment adjacent to (not in) the facility.
x If machinery must operate in the facility, use light weight, low ground-contact pressure
equipment.
3
x It may be necessary to rip or scarify the bottom soils to promote greater infiltration or
excavate any sediment that may have built up during construction.
x Consider the time of year and site working area when determining whether to mix
bioretention soil on-site or to import pre-mixed soil.
x If mixing bioretention media onsite, use an adjacent impervious area or on plastic
sheeting.
x Place soil in 12” lifts with machinery adjacent to the facility. If working within the facility,
to avoid over-compacting, place first lifts at far end from entrance and place backwards
toward entrance.
x Do not place or work bioretention soil if it is saturated or raining
x Allow bioretention soil lifts to settle naturally, boot pack (walk around to firm) lifts to
achieve 85% compaction effort. After all lifts are placed, wait a few days to check for
settlement, and add additional media as needed.
x An alternative to boot compaction is to settle bioretention soils by lightly watering until
soils are just saturated. Allow soil to dry between lifts. It may take a day or more to dry
adequately between lifts. Soil cannot be worked when saturated so this method should
be used with caution. Allow for extra time to let soils dry between each lift. After all lifts
are placed, wait a few days to check for settlement, and add additional media as
needed.
x Verify bioretention soil elevations before applying mulch or installing plants.
Other Considerations:
x Protect adjacent trees.
x Protect adjacent infiltration systems including swales, soils and porous pavement from
sediment.
4
REFERENCES
Buck, Jonathan 2010. “Design of Bioretention Areas at Serramonte Library, Daly City.”
Alameda Countywide Clean Water Program 2010 New Development Workshop.
September 29, 2010.
Hinman, Curtis, 2009. “Bioretention Soil Mixes.” LID Technical Workshop – San Francisco.
Washington State University Extension. January 18, 2009.
Lancaster, Alice, 2009. “Bioretention: Construction, Inspection and O&M.” LID Technical
Workshop – San Francisco. Herrera Environmental Consultants. January 18, 2009.
Wikstrom, Scott and Niemuth, Paul, 2010. “The Nitty Gritty on Soils for Successful Stormwater
BMPs.” Bay-Friendly Landscape Conference. September 17, 2010.
Stenn, H. 2010. Building Soil: Guidelines and Resources for Implementing Soil Quality and
Depth BMP T5.13 in WDOE Stormwater Management Manual for Western Washington.
Seattle Public Utilities: Seattle. Available at:
http://www.buildingsoil.org/tools/Soil_BMP_Manual.pdf
ATTACHMENT B: Addendum to Long Term Monitoring Plan, Dublin
Crossing
Addendum to: Long Term Management Plan
Dublin Crossing
Dublin, Alameda County, California
November 4, 2020
Prepared For:
Dublin Crossing, LLC
4750 Willow Road, Suite 530
San Ramon, California 94583
Prepared by:
Johnson Marigot Consulting, LLC
Ms. Sadie McGarvey
88 North Hill Drive, Suite C
Brisbane, California 94005
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Long Term Management Plan November 4 2020
ADDENDUM TO: LONG TERM MANAGEMENT PLAN DUBLIN CROSSING
Contents
1.0 Introduction .............................................................................................................................................. 1
1.1 Purpose of Addendum ........................................................................................................................................ 1
SECTION 2. Location and Description of Scarlett Drive Restoration Areas .................................. 2
Section 3. Land Ownership, Funding, and Legal Protection ............................................................... 3
3.1 Land Owner and Conservator ......................................................................................................................... 3
3.2 Funding ..................................................................................................................................................................... 3
3.3 Legal Protection ................................................................................................................................................... 3
List of Figures
Figure 1. Scarlett Drive/Iron Horse Trail Extension Project Mitigation Map
List of Tables
Table 1. Scarlett Drive Restoration Areas Long-Term Maintenance and Management Cost Table
List of Appendices
Appendix A. Long-Term Management Plan, Dublin Crossing (prepared by Johnson Marigot
Consulting, LLC., dated April 2017)
Appendix B. Proposed Deed Restriction for the Scarlet Drive Restoration Area
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Long Term Management Plan 1 November 4, 2020
1.0 INTRODUCTION
1.1 PURPOSE OF ADDENDUM
The Dublin Crossing Mitigation Site has been approved as mitigation land to provide compensatory
mitigation for unavoidable impacts to wetlands and other waters on the Dublin Crossing Project
site in the City of Dublin, Alameda County, California. This mitigation includes the creation of 0.70
acre of wetland, restoration of 528 linear feet of highly disturbed canals, and enhancement of 2,261
linear feet of disturbed canals (Dublin Crossing Mitigation Area). A long term management plan
(Long-Term Management Plan, Dublin Crossing, prepared by Johnson Marigot Consulting, LLC.,
dated April 2017) (Dublin Crossing LTMP) has been prepared and approved for this mitigation. The
Dublin Crossing LTMP is included as Appendix A.
Separately from this previously-approved mitigation package, the Scarlett Drive/Iron Horse Trail
Extension Project (the project), a City of Dublin capital improvement project, for which Dublin
Crossing, LLC is the applicant (Applicant), proposes to relocate approximately 0.466 acre (2,225
linear feet) of drainage ditches within the Scarlett Drive/Iron Horse Trail Extension Project site (the
project site) (Scarlett Drive Onsite Mitigation Area), and restore 691 linear feet (0.79 acre) of
wetland canal within Canal 2 on the Dublin Crossing Project site (Scarlett Drive Restoration Areas)
(approximately 0.7 mile northeast of the project site).
The relocated drainage ditches within the Scarlett Drive Onsite Mitigation Area would be monitored
for mitigation success and managed in perpetuity as a discrete unit, separate from the restored
canal. The Scarlett Drive Restoration Are would likewise be monitored for mitigation success as a
discrete unit within the Dublin Crossing Mitigation Site boundaries, but would be incorporated into
the Dublin Crossing Mitigation Site management regime, to be managed in perpetuity pursuant to
the Dublin Crossing LTMP.
Upon completion of the mitigation monitoring period established for the restored channel within
the Scarlett Drive Restoration Areas, the restored areas will be incorporated into the management
regime for the Dublin Crossing Mitigation Area.
The Dublin Crossing LTMP was prepared to ensure the proposed mitigation is managed, monitored,
and maintained in perpetuity. This Addendum (LTMP Addendum) has been prepared to
incorporate mitigation areas specific to the Scarlett Drive/Iron Horse Trail Extension Project into
the Dublin Crossing LTMP. This LTMP Addendum covers the 691 linear feet (0.79 acre) of restored
canal within Canal 2 associated with the project. A separate Mitigation and Monitoring Plan (MMP)
Addendum for the Scarlett Drive/Iron Horse Trail Extension Project-related mitigation has been
prepared (MMP Addendum). The MMP Addendum is being submitted to the Corps, RWQCB, and
CDFW concurrently with this LTMP for review and approval.
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Long Term Management Plan 2 November 4, 2020
SECTION 2. LOCATION AND DESCRIPTION OF SCARLETT DRIVE
RESTORATION AREAS
The approximately 157.6-acre Dublin Crossing development project site (wherein the Scarlett Drive
Restoration Areas are located) is located within the 2,484-acre Parks Reserve Forces Training Area
(Camp Parks) in the City of Dublin, Alameda County, California. The Scarlett Drive Restoration
Areas are located within Canal 2, approximately 1.0 mile northeast of the interchange of Interstate
Highways 580 and 680, immediately north of Dublin Boulevard and west of Arnold Road (Figure 1).
Canal 2 is a partially encased, partially concrete-lined, trapezoidal channel that flows primarily
along Arnold Road immediately east of the eastern boundary of the Dublin Crossing Mitigation Site.
Because Canal 2 is highly disturbed, with significant portions lined by concrete and riprap, it is
largely unvegetated with margins that are dominated by ruderal vegetation and ornamental trees.
Canal 2 begins as a concrete-lined channel northeast of the Dublin Crossing Mitigation Site in the
Tassajara Creek Regional Park. The 1961 USGS Quadrangle map shows an unnamed drainage near
the beginning of this canal; Canal 2 was likely constructed to direct runoff from this drainage and
the surrounding watershed to circumvent the proximal residential and commercial developments.
The Scarlett Drive Restoration Areas were selected as a mitigation site for project-related impacts
to their proximity to the impacted waters of the U.S./State (approximately 0.7 mile northeast of the
impact site), and the ideal opportunity to restore the functions and values within the canal that
have been lost due to placement of rip rap and concrete within the canal, as well as the historic
management practices of the area within and adjacent to the canal.
The restoration this canal, described in detail in the MMP Addendum, will restore the natural form
and function of these features, and improve the functions and services they provide through the
recontouring and revegetating of the banks via the implementation of a riparian planting plan.
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Long Term Management Plan 3 November 4, 2020
SECTION 3. LAND OWNERSHIP, FUNDING, AND LEGAL PROTECTION
3.1 LAND OWNER AND CONSERVATOR
The Scarlett Drive Restoration Area will be owned by the Zone 7 Water Agency (Zone 7), the public
agency which will also act as Land Manager in accordance with the Dublin Crossing LTMP. Zone 7
will also act as the Land Conservator in accordance with the terms and conditions defined in Dublin
Crossing LTMP (and addenda), and the terms defined in the Deed Restriction for the Scarlet Drive
Restoration Area (Appendix B). Note that there is a draft of a Deed Restriction located in the body
of the Long-Term Management Plan (Dated April 5, 2017), in Appendix A that is superseded by the
Deed Restriction in Appendix B.
3.2 FUNDING
An adequate funding mechanism will be in place to pay for the long-term management and
monitoring obligations of the Land Manager prior to Project-related discharges into waters of the
U.S./State. Table 1 summarizes the anticipated costs of long-term management for the Scarlett
Drive Restoration Areas. These costs include estimates of additional time and funding needed to
conduct and coordinate basic monitoring site surveys and reporting, weed abatement, trash
removal, and infrastructure repair within the Scarlett Drive Restoration Areas, to be conducted
concurrently with the maintenance and management tasks of the Dublin Crossing Mitigation Site.
The total annual additional cost for required tasks has been estimated to be approximately $6,025.
An additional 10% of annual costs has been added to this total as a contingency fund to pay for
unanticipated items and activities necessary to meet the goal of the conservation area. Accordingly,
the total required annual funding is anticipated to be approximately $6,627.50.
The applicant is proposing to fund the operations and maintenance through monies deposited into
the existing Dublin Crossing Mitigation Site Endowment account. It is expected that the
capitalization of the endowment account balance (capitalization and principal) will reach an
amount that will fully fund the annual operations and maintenance via endowment returns. At the
ROI rate of 1.5%, in order to sufficiently fund the long-term maintenance and monitoring of the
Scarlett Drive Mitigation Area within Canal 2, the total additional contribution to the Dublin
Crossing Mitigation Site Endowment will be $380,000 (see Table 1). This account will mature
(without withdrawal) during the performance monitoring period of the mitigation site (expected to
be ten years) during which all management and maintenance responsibilities will be borne by the
applicant.
Zone 7 will hold the endowment principal and interest monies required in a Special Deposit Fund,
and will only draw from the interest (or investment returns) (i.e., the endowment fund will be a
non-wasting account capable of producing minimum returns to fund the long-term management
and monitoring activities for the Scarlett Drive Restoration Areas in a manner consistent with the
Dublin Crossing LTMP).
3.3 LEGAL PROTECTION
The Scarlett Drive Restoration Areas will be set aside and protected by recorded deed restriction
with the goal of keeping the canals in a condition that preserves their significant biological,
hydrologic, and topographic features, as much as is reasonably possible, for the benefit of the land
and for public enjoyment. The deed restrictions will be recorded with Alameda County, and will run
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Long Term Management Plan 4 November 4, 2020
with the land in perpetuity. The deed restrictions will limit land uses and management of the
Scarlett Drive Restoration Areas to ensure protection of the biotic resources (i.e. protect
conservation values).
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Long Term Management Plan November 4, 2020
List of Figures
Figure 1. Scarlett Drive/Iron Horse Trail Extension Project Mitigation Map
Map Location
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DUBLIN BLVD.
0.119 ac. / 520 LF
0.093 ac. / 403 LF
0.055 ac. / 230 LF
0.062 ac. / 357 LF
0.046 ac. / 190 LF
0.091 ac. / 525 LF
See Inset Map
CENTRAL PKWY
HORIZON PKWY
Created/Revised: 10/11/2019
SCARLETT DRIVE/IRON HORSE
TRAIL EXTENSION PROJECT
Dublin, California
Mitigation Map
0 250 500
SCALE IN FEET
Scarlett Drive Project Area (8.4 acres)
Drainage Ditch Relocation: 2,225 linear feet (0.466 acre)
Riparian Area Restoration (0.743 acre)
Restored Riparian Area
Channel Restoration: 691 linear feet (0.047 acre)
Scarlett Drive On-site Mitigation
Scarlett Drive Off-site Mitigation
Dublin Crossing Off-site Mitigation
AR
NO
L
D R
D
Scarlett Drive Off-site Mitigation
Channel: 0.023 ac. / 337 LF
Riparian Area: 0.371 ac.
Scarlett Drive Off-site Mitigation
Channel: 0.024 ac. / 354 LF
Riparian Area: 0.372 ac.
Dublin Crossing Off-site Mitigation
Dublin Crossing Off-site Mitigation
Dublin Crossing Off-site Mitigation
Dublin Crossing Off-site Mitigation
HORIZON PKWY
CENTRAL PKWY
0 150 300
SCALE IN FEET
Restored Channel
Inset Map
(691 linear feet (0.790 acre))
(2,225 linear feet (0.466 acres))
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Long Term Management Plan November 4, 2020
List of Tables
Table 1. Scarlett Drive Restoration Areas Long-Term
Maintenance and Management Cost Table
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Long Term Management Plan November 4, 2020
Table 1. Scarlett Drive Mitigation Area within Canal 2 Long-Term Maintenance and Management Cost Table
Estimated Additional Endowment Costs for Long-Term Resources Management Associated with the Scarlett Drive Mitigation Area within Canal 2
Activity/ Actions
Required
Responsibilit
y
Frequency
Required Actions Required Unit Number of Units Cost Per Unit Cost Per
Task
Divid
e
Years
Annual Cost
Part 1. Monitoring and
Management Costs
Element A.1 -
Aquatic Resources
Monitor Aquatic
Resources
Monitoring
Biologist
Biannual
(Wet
Season/
Dry Season)
Walking survey: documentation of erosion/sedimentation/debris,
photodocumentation Hours 1 $ 135.00 $
135.00 1 $ 270.00
Element A.2 -
Vegetation
Monitor Wetland
Vegetation
Monitoring
Biologist
Biannual
(Wet
Season/
Dry Season)
Walking survey: documentation of plants/wildlife quantity and
composition, photo-documentation Hours 1 $ 135.00 $
135.00 1 $ 270.00
Monitor Riparian
Vegetation
Monitoring
Biologist
Biannual
(Wet
Season/
Dry Season)
Walking survey: documentation of plants/wildlife quantity and
composition, photo-documentation Hours 1 $ 135.00 $
135.00 1 $ 270.00
Tree/Shrub Pruning
Contract
Manual
Labor
Annually Hand labor Hours 2 $ 100.00 $
200.00 1 $ 200.00
Monitor Invasive
Species
Monitoring
Biologist
Biannual
(Wet
Season/
Dry Season)
Walking survey: documentation and mapping of invasive species
vegetative cover, research appropriate methods for removal,
photodocumentation
Hours 1 $ 135.00 $
135.00 1 $ 270.00
Weed/Thatch
Removal
Contract
Manual
Labor
Annually Hand labor/Mowing Hours 2 $ 100.00 $
200.00 1 $ 200.00
Monitoring
Biologist
Once Every
3 Years
Pre-mowing nesting bird survey: inspect all suitable nesting habitat to be
directly or indirectly impacted by mowing, set up nondisturbance buffer if
necessary
Hours 2 $ 135.00 $
270.00 3 $ 90.00
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Long Term Management Plan November 4, 2020
Element B.1 - Public
Access
Maintenance of
Signs
Land
Manager Monthly Walking survey: assess condition of signs, coordinate necessary repairs or
replacement Hours 0.5 $ 150.00 $
75.00 # $ 900.00
Maintenance of
Barriers to Entry
Land
Manager Annually Walking survey: assess condition of barriers to entry
(plants/infrastructure), coordinate necessary repairs or replacement Hours 1 $ 150.00 $
150.00 1 $ 150.00
Element B.2 - Trash
and Trespass
Trash Land
Manager Monthly Walking survey: document trash location and extent, coordinate with City
of Dublin for removal efforts Hours 1 $ 150.00 $
150.00 # $ 1,800.00
Trespass Land
Manager Annually Walking survey: document signs of tresspass, coordinate with City of
Dublin for remedial efforts Hours 1 $ 150.00 $
150.00 1 $ 150.00
Element B.3 - Fire Hazard Reduction
Fuel Removal
Contract
Manual
Labor
Late Spring Hand labor/Mowing Hours 4 $ 100.00 $
400.00 1 $ 400.00
Monitoring
Biologist Annually
Pre-mowing nesting bird survey: inspect all suitable nesting habitat to be
directly or indirectly impacted by mowing, set up nondisturbance buffer if
necessary
Hours 2 $ 135.00 $
270.00 1 $ 270.00
Replacement Time
and Materials
Signs Land
Manager Annually Signs Sign 1 $ 200.00 $
200.00 1 $ 200.00
Land
Manager Annually Sign removal and installation Hours 1 $ 150.00 $
150.00 $ 150.00
Planting Material Late Fall Shrubs Shrub 1 $ 135.00 $
135.00 $ 135.00
Late Fall Trees Tree 1 $ 50.00 $
50.00 $ 50.00
Late Fall Seeds
Poun
d of
Seeds
1 $ 50.00 $
50.00 $ 50.00
Contract
Manual
Labor
Late Spring Plant removal and installation Hours 2 $ 100.00 $
200.00 1 $ 200.00
Total Annual
Itemized Costs $ 6,025.00
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Long Term Management Plan November 4, 2020
Contingency
(Annual Costs)
Contingency Land
Manager Annually Fund to cover unanticipated items and activities necessary to meet the
goal of the conservation area Items $6,025.00 10% $
602.50 1 $ 602.50
Total Annual Costs with
Contingency $ 6,627.50
Funding
Income ROI Endowment
Funding Zone 7 One Time
Payment
Receive endowment funds and contribute to existing endowment for the
Dublin Crossing Mitigation Site
Single
Payment $6,627.50 1.25% $ 380,000.00
Endowment Requirements for Annual Long-Term Management and Maintenance $ 380,000.00
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Long Term Management Plan
November 4, 2020
List of Appendices
Appendix A. Long-Term Management Plan, Dublin Crossing (prepared by Johnson Marigot
Consulting, LLC., dated April 2017)
Appendix B. Proposed Deed Restriction for the Scarlet Drive Restoration Area
LONG-TERM MANAGEMENT PLAN
DUBLIN CROSSING
620 6th Street
Dublin, Alameda, California
USACE File # SP-2012-00103
CIWQS Place ID No. 812873
Date: April 5, 2017
Prepared by:
Johnson Marigot Consulting, LLC
Ms. Sadie McGarvey
88 North Hill Drive, Suite C
Brisbane, California 94005
Prepared for:
Dublin Crossing, LLC
Ms. Trece Herder
4750 Willow Road, Suite 150
Pleasanton, California 94588
SEE FULL ATTACHMENT IN FOLDER "Appendix A LTMP April 2017"
Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC
Long Term Management Plan
November 4, 2020
Appendix B
Proposed Deed Restriction for the Scarlet Drive Restoration Area
Revision Date 4/5/2021
-1 -
1442261.1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Dublin Crossing, LLC
Attn: Bridgit Koller
2603 Camino Ramon, Ste 525
San Ramon, CA 94583
WHEN RECORDED, MAIL COPY TO:
Michael Montgomery, Executive Officer
Attn: Brian Wines, Site No. 02-01-00786
CIWQS Place ID Nos. 792186 and 792217
California Regional Water Quality Control Board
San Francisco Bay Region
1515 Clay Street, Suite 1400
Oakland, CA 94612
WHEN RECORDED, MAIL COPY TO:
District Engineer, San Francisco District
Attn: Katerina Galacatos
U.S. Army Corps of Engineers, Regulatory Division
450 Golden Gate
San Francisco, CA 94102
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
COVENANTS AND DEED RESTRICTIONS
Scarlett Drive Mitigation Area
THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this
“Declaration”) is made this ___ day of ____________, 20__, by DUBLIN CROSSING, LLC, a
Delaware limited liability company (“Dublin”), and the CITY OF DUBLIN (“City”)
(collectively the "Declarants").
A. Declarants are the owners in fee simple of certain real property in the County of
Alameda, State of California, more particularly described in Exhibit A, attached hereto and by
this reference incorporated herein (the "Burdened Property").
Revision Date 4/5/2021
- 2 -
1442261.1
B. The City applied to the Department of the Army, through the San Francisco
District of the U. S. Army Corps of Engineers, San Francisco District ("USACE") for a
Nationwide Permit pursuant to Section 404 of the Clean Water Act to authorize the City to place
fill in waters of the United States to construct the Scarlett Drive Project, and to mitigate for such
placement of fill material on the Burdened Property. The “Scarlett Drive Project”, a City of
Dublin capital improvement project, proposes to extend Scarlett Drive from its existing terminus
at the intersection of Houston Place, in a southeasterly alignment to connect with the existing
alignment of Dublin Blvd. To mitigate for impacts to jurisdictional waters of the U.S., the
Scarlett Drive Project will restore 691 linear feet (0.790 acres) of wetland canal within Canal 2
on the Dublin Crossing Project site (“Scarlett Drive Mitigation Area”). The “Scarlett Drive
Mitigation” consists of removal of the concrete lining and riprap, re-contouring of the banks and
substrate of the canal, and the planting of native riparian vegetation. Impacts to waters of the
U.S. due to fill discharge are regulated by the Clean Water Act, Section 404, and were authorized
by the District Engineer pursuant to Nationwide Permit No. 2018-00036S, dated January 15,
2019.
C. On January 15, 2019, the District Engineer of the USACE issued the Section 404
Nationwide Permit for the Scarlett Drive Project (the “Scarlett Drive 404 Permit”) authorizing
the Declarant’s discharges to waters of the United States. The Scarlett Drive Permit contains
Special Conditions (#1 - #5) (hereafter the "NWP Special Conditions") which set forth
conditions of approval concerning the proposed fill and those Special Conditions specifically
relating to the Scarlett Drive Mitigation are attached hereto as Exhibit B and incorporated
herein by reference as if set forth in full.
D. The NWP Special Conditions among other things, require that the City shall
submit to USACE a deed restriction to be executed and recorded by the Declarants to protect
restored, and enhanced avoided habitat. That deed restriction shall require that the Burdened
Property (Exhibit A) be restored and maintained in perpetuity consistent with the Addendum to:
Long Term Management Plan Dublin Crossing, November 2020 (Exhibit C), and the
Addendum to: Revised Mitigation & Monitoring Plan Dublin Crossing, August 2020 (Exhibit
D) and incorporated herein by reference as if set forth in full, and that use of the Scarlett Drive
Mitigation Area be limited as set forth in Special Conditions (#1 - #5).
E. The City applied to the California Regional Water Quality Control Board for the
San Francisco Bay Region ("Board") for a water quality certification under Section 401 of the
Clean Water Act and coverage under State Water Resources Control Board Order No. 2003-0017
- DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have
Received State Water Quality Certification" to authorize the Declarant to place fill in waters of
the United States and the State of California to construct the Scarlett Drive Project, and to
mitigate for such placement of fill material on the Burdened Property. Impacts to waters of the
U.S. and waters of the State of California are authorized by the Clean Water Act Section 401
Certification and coverage under Board Order No. 2003-0017.
F. On (DATE) the Board's Executive Officer issued the Section 401 water quality
certification for the Scarlett Drive Project referenced as Site No. _________ (the “Scarlett
Revision Date 4/5/2021
- 3 -
1442261.1
Drive 401 Certification”) for the City’s discharges to waters of the United States and the State
of California. The Scarlett Drive 401 Certification contains Special Conditions (# - #)
(hereafter the "401 Special Conditions") setting forth conditions of approval concerning the
proposed fill and those Special Conditions specifically relating to the Burdened Property
(described in Exhibit A) are attached hereto as Exhibit E and incorporated herein by reference
as if set forth in full.
G. The Board's Executive Officer found that, but for the Special Conditions, the
proposed discharge into waters of the United States and State of California could not be found
consistent with applicable law and that a water quality certification could therefore not be
issued.
H. The Special Conditions, among other things, require that the City shall submit to
the Executive Officer a deed restriction to be executed and recorded by the Declarants to
protect restored and enhanced habitat. That deed restriction shall require that the Burdened
Property (Exhibit A) be restored and maintained in perpetuity consistent with the Addendum to:
Long Term Management Plan Dublin Crossing, November 2020, and the Addendum to:
Revised Mitigation & Monitoring Plan Dublin Crossing, August 2020(which are attached as
Exhibits C and D) and incorporated herein by reference as if set forth in full, and that use of the
Scarlett Drive Mitigation Area be limited as set forth in Special Conditions (# - #)
E. The Declarants elected to execute and record the deed restriction as set forth in
this Declaration required in the Special Conditions, so as to enable the City to undertake the
actions authorized by the water quality certification issued by the Board.
NOW, THEREFORE, in consideration for the rights granted to City for the development
of the Scarlett Drive Project, located in the City of Dublin, County of Alameda, the Burdened
Property shall be preserved for habitat preservation pursuant to California Civil Code §§ 815, et
seq., and shall be dedicated in fee simple to the Alameda County Water Conservation and Flood
Control District, Zone 7 (“Zone 7”) – pursuant to California Civil Code §§ 815, et seq., (Zone 7
is the “Dedicatee”). The transfer of ownership shall provide mitigation of certain anticipated
impacts resulting from the Scarlett Drive Project as authorized by the Department of the Army
Permit No. 2018-00036S, dated January 15, 2019, and the Board’s 401 Certification No.
_________, AND,
IN CONSIDERATION of the Scarlett Drive 404 Permit and the Scarlett Drive 401
Certification, the undersigned Declarants for themselves and for their heirs, assigns, and
successors-in-interest, hereby irrevocably covenant with the Department of the Army and the
Board that the protective provisions, covenants and restrictions ("Restrictions") set forth in this
Declaration shall at all times on and after the date on which this Declaration is recorded
constitute for all purposes, covenants, conditions and restrictions on the use and enjoyment of the
Burdened Property that are hereby attached to the deed to the Burdened Property as fully
effective components thereof.
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ARTICLE I
DEFINITIONS
1.1 Board. "Board" shall mean the California Regional Water Quality Control Board for the
San Francisco Bay Region and shall include its successor agencies, if any.
1.2 Burdened Property. “Burdened Property” shall mean that property legally described in
Exhibit A (aka “the Property” or “Protected Area”).
1.3 Declarants. “Declarants” shall mean Dublin Crossing, LLC, and the City of Dublin.
1.4 Dedicatee. “Dedicatee” shall mean Alameda County Flood Control and Water Conservation
District (aka “Zone 7”).
1.5 District Engineer. “District Engineer” shall mean the Commanding Officer of the San
Francisco District of the U. S. Army Corps of Engineers.
1.6 Mitigation and Monitoring Plan. “Mitigation and Monitoring Plan” shall mean the
document titled “Addendum to: Revised Mitigation & Monitoring Plan Dublin Crossing, dated
August 6, 2020” (aka “MMP”)
1.7 Long Term Management Plan. “Long Term Management Plan” shall mean the document
titled “Addendum to: Long Term Management Plan Dublin Crossing, dated November 4, 2020”
(aka “LTMP”)
1.8 Occupant. “Occupant” shall mean the Alameda County Flood Control and Water
Conservation District or successor, or any entity acting on behalf of Alameda County Flood
Control and Water Conservation District or successor.
1.9 Owner or Owners. "Owner" or "Owners" shall mean the Declarants and/or their successors
in interest, who hold title to all or any portion of the Protected Area of the Burdened Property.
1.10 Protected Area. “Protected Area” shall have the same meaning as “Burdened Property.”
1.11 Scarlett Drive Permits. “Scarlett Dive Permits” shall mean the Nationwide Permit issued
by the San Francisco District of the U. S. Army Corps of Engineers, dated January 15, 2019, and
the Clean Water Act, Section 401 Water Quality Certification issued by the San Francisco
Regional Water Quality Control Board, dated
1.12 Scarlett Drive Project. “Scarlett Drive Project” shall mean the proposed widening and
extension of Scarlett Drive from Dougherty Road on the north to Dublin Boulevard on the south
including all appurtenant utility, underground, surface and infrastructure improvements, as
shown and defined on the approved “Scarlett Drive Improvement Plans”.
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1.13 USACE. “USACE” shall mean the San Francisco District of the U. S. Army Corps of
Engineers.
1.14 Zone 7. “Zone 7” shall mean the Alameda County Flood Control and Water Conservation
District, Zone 7
[Continues on Following Page]
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ARTICLE II
GENERAL PROVISIONS
2.1 Current State of Burdened Property. The Burdened Property is currently in a natural state
and is intended to remain undisturbed, except for those activities described in the Addendum to:
Long Term Management Plan Dublin Crossing, dated November 4, 2020, a copy of which is
attached here to as Exhibit C (the “LTMP”).
2.2 Value of Burdened Property. The Burdened Property provides or is capable of providing
significant ecological and habitat values (collectively “conservation values”) that are of aesthetic,
ecological, educational, historical, recreational, and scientific value. These values include, but
are not limited to, the jurisdictional waters of the U.S. and State of California, and the functions
and values of an approximately 691 linear feet (0.790 acres) of Canal 2 within the Dublin
Crossing open space preserve. Canal 2 is subject to ecological enhancement and restoration
efforts as mitigation for the Scarlett Drive Project, and these values are of great importance to the
Declarants and the people of the United States.
2.3 Preservation. As shown in the LTMP, the Burdened Property will be preserved as an open
space and habitat preserve and will be restricted from any development on the terms set forth in
the Scarlett Drive 404 and 401 Permits, and this Declaration.
2.4 Purpose. The purpose of this Declaration is to ensure that the Burdened Property will be
retained forever in a condition contemplated by the LTMP, and to prevent any use of the
Burdened Property that will significantly impair or interfere with the conservation values of the
Burdened Property. Declarants intend that this Declaration will confine the use of the Burdened
Property to such activities including, without limitation, those involving the preservation and
enhancement of native species and their habitats in a manner consistent with the conservation
purposes of this Declaration and the LTMP.
2.5 Agreement to Assign. Declarants understand, acknowledge and agree that, as a condition on
the issuance by the U.S Army Corps of Engineers of the Scarlett Drive Section 404 Permit, and
the San Francisco Regional Water Quality Control Board of the Scarlett Drive Section 401
Certification, the Burdened Property shall be restricted from any development and shall be
reserved for use as habitat preservation on the terms set forth in the Scarlett Drive permits.
Declarants shall offer the Burdened Property for dedication in fee to Zone 7 or to an
organization authorized to hold a conservation covenant under California Civil Code § 815, et
seq. but such offer does not and shall not be construed as or constitute an offer for public use.
2.6 Covenants Running with the Land. In consideration of benefits derived from the Clean
Water Act permits, the Declarants do hereby covenant and agree to restrict, and by this
instrument does restrict, the future use of the Burdened Property as set forth by the below
establishment of this covenant running with the land in perpetuity and shall bind any successors
and assigns in interest to the Burdened Property in accordance with applicable law, including,
but not limited to, California Civil Code 815, et seq., and California Civil Code 4618. This
Declaration sets forth Restrictions upon and subject to which every portion of the Burdened
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Property shall be improved, held, used, occupied, leased, sold, hypothecated, encumbered and/or
conveyed. Each and all of the Restrictions shall run with the land, and pass with each and every
portion of the Burdened Property, and shall apply to, inure to the benefit of, and bind the
respective successors in interest thereof, for the benefit of the USACE, the Board and all other
Owners and Occupants, as well as the people of the United States and the State of California.
Each and all of the Restrictions are enforceable by the Board and/or USACE.
2.7 Notice in Agreements. After the date of recordation hereof, all Owners and Occupants shall
execute a written instrument which shall accompany all purchase agreements, easements or
leases relating to the property. Any such instrument shall contain the following statement:
The land described herein is subject to a deed restriction dated as of
________________, 20__, and recorded on, __________ 20__, in the Official
Records of Alameda County, California, as Document No.__________, which
Covenant and Deed Restrictions imposes certain covenants, conditions, and
restrictions on usage of all or a portion of the property described herein.
2.8 Development Rights. All present and future development rights allocated, implied, reserved,
or inherent to the Burdened Property that are not consistent with the Restrictions or the LTMP
are hereby extinguished and may not be used on or transferred to any portion of the Burdened
Property, nor any other property, wherever located.
2.9 Concurrence of Owners and Lessees Presumed. All purchasers, lessees, or possessors of any
real property interest in any portion of the Burdened Property, whether past, present or future,
shall be presumed by their purchase, leasing, or possession of a portion of the Burdened Property
to be in accord with the foregoing and to agree for and among themselves, their heirs, successors,
and assignees, and the agents, employees, and lessees of such owners, heirs, successors, and
assignees, that the Restrictions as herein established must be adhered to for the benefit of the
USACE, the Board and the Owners and Occupants of the Burdened Property and that the interest
of the Owners and Occupants of the Burdened Property shall be subject to the Restrictions
contained herein. No Owner or Occupant of the Burdened Property shall act in any manner that
would be inconsistent with the Restrictions.
2.10 Enforcement. USACE and the Board shall have the right, to enforce each and every
provision herein. The covenant shall be enforceable by remedy of injunctive relief in addition to
any other remedy in law or equity. Failure of the Declarants, Dedicatee, or other Owner or
Occupant to comply with any provision of this Declaration shall be grounds for USACE or the
Board, by reason of this Declaration, to have the authority to require that the Declarants,
Dedicatee, Owner or Occupant modify or remove any improvements constructed in violation of
this Declaration and restore the Burdened Property as described in the LTMP and the Special
Conditions. In the event that the Declarants, their heirs, assigns or successors in interest shall
fail to abide by any of the covenants hereunder, they hereby agree to pay all reasonable costs and
expenses incurred by USACE or the Board in securing performance of such obligation, including
reasonable attorney's fees and costs. In the event of a breach, any forbearance on the part of any
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party to this covenant to enforce the terms and provisions hereof shall not be deemed a waiver of
enforcement rights regarding any subsequent breach.
The Declarants and Dedicatee agree that USACE, the Board, and/or any persons acting
pursuant to USACE or Board orders, shall upon providing reasonable notice to the Declarants or
Dedicatee, have reasonable access to the Burdened Property for the purposes of inspection,
surveillance, maintenance, or monitoring, as provided for in Division 7 of the Water Code.
Nothing contained in this Declaration shall be construed to entitle the United States or
State of California to bring any action for any injury to or change in the Burdened Property
resulting from causes beyond Declarants’ or Dedicatee’s control, including, without limitation,
fire not caused by Declarants or Dedicatee, flood, storm, and earth movement, or from any
prudent action taken by Declarants or Dedicatee under emergency conditions to prevent, abate,
or mitigate significant threats to life, to health, to public safety, and of injury to the Burdened
Property or other property resulting from such causes.
ARTICLE III
RESTRICTIONS
3.1 Implementation of Mitigation Measures. All mandatory mitigation measures presented in the
LTMP and MMP (Attached hereto as Exhibits C and D) applicable to the Burdened Property
shall be implemented by Dublin Crossing, LLC.
3.2 Prohibited Activities. Unless allowed pursuant to Sections 3.3 or 4.2 below or unless
allowed in the LTMP or future revisions thereof that have been approved in advance in writing
by USACE and the Board or its Executive Officer, the following activities are prohibited on the
Burdened Property:
a. Construction, reconstruction or placement of any building, billboard, sign,
structure, or other improvement, except as provided in the LTMP, or upon approval of USACE
and Board.
b. Unseasonable watering; use of fertilizers, herbicides, pesticides, biocides,
or other agricultural chemicals; mosquito abatement activities; weed abatement activities;
incompatible fire protection activities; and any and all other uses which may adversely affect the
conservation purposes of this Declaration.
c. Grazing and agricultural activity of any kind, except as may be provided
in the LTMP.
d. Commercial or industrial uses.
e. Depositing soil, trash, ashes, refuse, waste, bio-solids or any other
material.
f. Filling, dumping, excavating, draining, dredging, mining, drilling,
removing, exploring for or extracting minerals, loam, gravel, soil, rock, sand or other material on
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1442261.1
or below the surface of the Burdened Property, or granting or authorizing surface entry for any of
these purposes, unless authorized by the Board and USACE.
g. Altering the surface or general topography of the Burdened Property,
including building drives, paving or otherwise covering the Burdened Property with concrete,
asphalt, or any other impervious material, except as provided in the LTMP and approved by the
Clean Water Act permits.
h. Removing, destroying, or cutting trees, shrubs or other vegetation, except
as required for: (i) fire and/or flood protection measures as specified in the LTMP; (ii)
maintenance of existing foot trails or drives; (iii) prevention or treatment of disease; (iv) utility
line clearance, or (v) maintaining flows through the Burdened Property.
i. Use of motorized vehicles, including off-drive vehicles, except on existing
driveways, as required to meet the obligations of the LTMP.
j. Transferring any water right.
k. Planting, introduction or dispersal of non-native or exotic plant or animal
species.
l. Manipulating, impounding or altering any natural watercourse, body of
water or water circulation on the Burdened Property and any activities or uses detrimental to
water quality, including but not limited to degradation or pollution of any surface or sub-surface
waters.
m. All active recreational activities not otherwise described in the LTMP,
including, but not limited to, horseback riding, biking, hunting or fishing.
n. Permitting a general right of access to the property that may result in
damage to ecological functions and values.
o. Assigning, terminating, or altering any and all mineral, water, or air rights,
without the prior written authorization of the USACE and Board.
p. Granting any additional interest in the Burdened Property, without the
prior written authorization of the USACE and Board.
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3.3 Permitted Activities. Notwithstanding the foregoing restrictions, the following activities
may occur in the Protected Areas:
a. Engaging in uses and activities necessary or appropriate to implement the
LTMP.
b. Control of entry upon the Burdened Property, including, without
limitation, the installation and maintenance of signs or fences that do not impede the
movement of wildlife.
c. Passive recreational uses, including those activities described in the
LTMP, that do not degrade the conservation values of the Burdened Property.
ARTICLE IV
VARIANCE AND TERMINATION
4.1 Effect of Declaration. The covenants and the provisions set forth in this Declaration are
irrevocable and nonmodifiable and shall continue in effect in perpetuity unless modified or
terminated as provided herein.
4.1 Variance from Declaration. Declarants, Dedicatee, or any Owner, or with the Owner's
consent, any Occupant of the Burdened Property or a portion thereof may apply to USACE and
the Board for a written variance from the provisions of this Declaration. USACE and the Board,
at their discretion, may approve the variance if they find that the requested variance would not
impact the size, condition, or functions of the mitigation features required by the Clean Water
Act permits and protected by this Declaration.
4.2 Termination of Declaration. Declarants, Dedicatee, or Any Owner or with the Owner's
consent, any Occupant of the Burdened Property or a portion thereof may apply to USACE or
the Board for a termination of the provisions of this Declaration as they apply to all or any
portion of the Burdened Property. Termination of the provisions of this Declaration requires the
provision of alternate mitigation of equivalent size, condition, and functions. USACE and the
Board will not approve the termination of the provisions of this Declaration until such alternate
mitigation has been established, including the implementation of any necessary construction and
planting, as well as a minimum of five years of post-establishment monitoring and maintenance,
and a deed restriction or conservation easement has been recorded for the alternate mitigation
site.
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1442261.1
ARTICLE V
MISCELLANEOUS
5.1 Best and Most Necessary Use. The habitat conservation values of the Declaration are
presumed to be the best and most necessary public use as defined in equity and pursuant to
California Code of Civil Procedure §1240.680 notwithstanding Code of Civil Procedure
§§1240.690 and 1240.700.
5.2 No Dedication Intended. Nothing set forth herein shall be construed to be a gift or
dedication, or offer of a gift or dedication, of the Burdened Property or any portion thereof to the
general public.
5.2 Taxes. Prior to transfer to Dedicatee, Declarants shall pay before delinquency all taxes,
assessments, fees, and charges of whatever description levied on or assessed against the
Burdened Property by competent authority (collectively, "taxes"), including any taxes imposed
upon, or incurred as a result of, this Declaration, and shall furnish satisfactory evidence of
payment upon request. Dedicatee shall there-forward keep the Burdened Property free from any
liens, including those arising out of any obligations incurred by the Declarants or Dedicatee for
any labor or materials furnished or alleged to have been furnished at or for use on the Burdened
Property.
5.3 Subsequent Property Transfer. Declarants and Dedicatee agree to incorporate the terms of
this Declaration in any deed or other legal instrument by which the Declarants or Dedicatee
divests itself of any interest in all or a portion of the Property, including, without limitation, a
leasehold interest. Declarants or Dedicatee shall give USACE and the Board written notice of
the intent to transfer any interest at least 30 days prior to the date of such transfer. USACE and
the Board shall have the right to prevent subsequent transfers in which transferees are not given
notice of the terms, covenants, conditions and restrictions of this Declaration. The failure of
Declarants or Dedicatee to perform any act required by this section shall not impair the validity
of this Declaration or limit its enforcement in any way.
5.4 Recordation. Declarants shall submit an original, signed and notarized Deed including this
Declaration to USACE and the Board, and shall promptly record this instrument in the official
records of the County of Alameda, and shall thereafter promptly provide a conformed copy of
the recorded Declaration to USACE and the Board. Upon the assignment of the Burdened
Property, Dedicatee shall promptly record the title with this Declaration in the official records of
the County of Alameda, and shall thereafter promptly provide a conformed copy of the recorded
Declaration to USACE and the Board.
5.5 Termination of Declaration. Upon approval of USACE and the Board, Declarants or
Dedicatee may grant a perpetual Conservation Easement over the Property to a third party
approved to hold Conservation Easements under Civil Code § 815, et seq., and, by so doing, may
terminate this Declaration. Termination may only occur after Conservation Easement has been
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recorded and only if the Conservation Easement contains all provisions set forth in this
Declaration.
5.6 General Provisions.
a. Controlling Law. The interpretation and performance of this Declaration
shall be governed by the laws of the State of California and applicable Federal law, including the
Clean Water Act.
b. Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Declaration shall be liberally construed to affect the purposes of this
Declaration and the policy and purpose of Civil Code §815, et seq. If any provision in this
instrument is found to be ambiguous, an interpretation consistent with the purposes of this
Declaration that would render the provision valid shall be favored over any interpretation that
would render it invalid.
c. Severability. If any provision of this Declaration or the application thereof
is found to be invalid the remaining provisions of this Declaration or the application of such
provisions other than that found to be invalid shall not be affected thereby.
d. Entire Agreement. This Declaration and the LTMP incorporated by
reference herein, including all of the exhibits thereto, together set forth the entire agreement of
the parties and supersede all prior discussions, negotiations, understandings, or agreements
relating to the Declaration, all of which are merged herein. No alteration or variation of this
instrument shall be valid or binding unless contained in an amendment in accordance with the
provisions herein.
e. Termination of Rights and Obligations. A party's rights and obligations
under this Declaration terminate upon transfer of the party's interest in the Declaration or
Property, except that liability for acts, omissions or breaches occurring prior to transfer shall
survive transfer.
f. Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon its
construction or interpretation.
g. Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be
deemed an original instrument as against any party who has signed it.
[Signatures on Following Page]
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1442261.1
IN WITNESS WHEREOF, Declarant has executed and delivered this Declaration as of the day
and year first above written.
DECLARANT (Dublin Crossing, LLC):
DUBLIN CROSSING, LLC,
a Delaware limited liability company
By: BrookCal Dublin LLC,
a Delaware limited liability company
Its: Member
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
By: SPIC Dublin LLC,
a Delaware limited liability company
Its: Member
By: Standard Pacific Investment Corp.,
a Delaware corporation
Its: Member
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
DECLARANT (City of Dublin):
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
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1442261.1
DEDICATEE (Zone 7):
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
UNITED STATES ARMY CORPS OF ENGINEERS
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
REGIONAL WATER QUALITY CONTROL BOARD
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
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1442261.1
EXHIBIT A – LEGAL DESCRIPTIONS
G:\JOB2008\081076BR\SURVEY\DESCRIPTIONS\LEGAL - BURDEN AREA.DOCX
Exhibit A – Legal Description
Burdened Area – City 1
Real property situate in the City of Dublin, County of Alameda, State of California, and being a
portion of Arnold Road previously dedicated and accepted on the following recorded maps; Parcel
Map 7042 – Santa Rita Property filed on March 31, 1997 in Book 229 of Parcel Maps, at Page 50
Official Records of said County, and the final subdivision map of Tract 8309 – Filmore / Sunset at
Boulevard filed on July 31, 2017 in Book 349 of Maps, at Page 26 Official Records of said County,
and Parcel Map 7395 filed on October 31, 2000 in Book 254 of Parcel Maps, at Page 28 Official
Records of said County, and being more particularly described as follows:
Beginning at a point on the western line of Arnold Road, said point being the southeastern corner
of Parcel D as shown upon map of Tract 8361 filed on June 14, 2018 in Book 355 of Maps at Page
1, Official Records of Alameda County; thence along the western line of Arnold Road North
1°23’35” East 168.64 feet; thence across Arnold Road the following three (3) courses to a point on
the western line of Arnold Road:
(1) South 89°15’44” East 24.30 feet,
(2) South 1°23’35” West 354.49 feet, and
(3) North 88°29’17” West 24.30 feet,
Thence along said western line of Arnold Road North 1°23’35” East 185.53 feet to the Point of
Beginning
Containing 8,610 square feet, more or less.
See Exhibit B – Plat to Accompany Legal Description which is attached hereto and made a part
hereof
End of description.
Prepared by:
________________________________ ____________________
Kirkpatrick P Myers, LS 9009 Date
12/18/2020
G:\JOB2008\081076BR\SURVEY\DESCRIPTIONS\LEGAL - BURDEN AREA.DOCX
Exhibit A – Legal Description
Burdened Area – City 2
Real property situate in the City of Dublin, County of Alameda, State of California, and being a
portion of Arnold Road previously dedicated and accepted on the following recorded maps; Parcel
Map 7042 – Santa Rita Property filed on March 31, 1997 in Book 229 of Parcel Maps, at Page 50
Official Records of said County, and the final subdivision map of Tract 8309 – Filmore / Sunset at
Boulevard filed on July 31, 2017 in Book 349 of Maps, at Page 26 Official Records of said County,
and Parcel Map 7395 filed on October 31, 2000 in Book 254 of Parcel Maps, at Page 28 Official
Records of said County, and being more particularly described as follows:
Beginning at a point on the western line of Arnold Road, said point being the northeastern corner
of Parcel C as shown upon map of Tract 8309, filed on July 31, 2017 in Book 349 of Maps at Page
26, Official Records of Alameda County; thence across Arnold Road the following four (4) courses
to a point on the western line of Arnold Road:
(1) South 88°24’09” East 25.00 feet,
(2) South 1°23’35” West 279.00 feet,
(3) South 2°52’15” West 59.26 feet, and
(4) North 89°03’11” West 23.47 feet,
Thence along said western line of Arnold Road North 1°23’35” East 338.51 feet to the Point of
Beginning
Containing 8,414 square feet, more or less.
See Exhibit B – Plat to Accompany Legal Description which is attached hereto and made a part
hereof
End of description.
Prepared by:
________________________________ ____________________
Kirkpatrick P Myers, LS 9009 Date
12/18/2020
G:\JOB2008\081076BR\SURVEY\DESCRIPTIONS\LEGAL - BURDEN AREA.DOCX
Exhibit A – Legal Description
Burdened Area – Developer 1
Real property situate in the City of Dublin, County of Alameda, State of California, and being
portions of Parcel C as shown upon map of Tract 8362, filed on November 30, 2018 in Book 357 of
Maps at Page 84, Official Records of Alameda County, and Parcel D as shown upon map of Tract
8361 filed on June 14, 2018 in Book 355 of Maps at Page 1, Official Records of Alameda County
and being more particularly described as follows:
Beginning at the northeast corner of said Parcel C; thence along the eastern line of said Parcel C
South 1°23’35” West 185.53 feet; thence across said Parcel C to a point on the western line of said
Parcel C North 88°29’17” West 30.00 feet; thence along the western line of said Parcels C and D
North 1°23’35” East 353.76 feet; thence across said Parcel D to a point on the eastern line of said
Parcel D South 89°15’44” East 30.00 feet; thence along the eastern line of said Parcel D South
1°23’35” West 168.64 feet to the Point of Beginning
Containing 10,619 square feet, more or less.
See Exhibit B – Plat to Accompany Legal Description which is attached hereto and made a part
hereof
End of description.
Prepared by:
________________________________ ____________________
Kirkpatrick P Myers, LS 9009 Date
12/18/2020
G:\JOB2008\081076BR\SURVEY\DESCRIPTIONS\LEGAL - BURDEN AREA.DOCX
Exhibit A – Legal Description
Burdened Area – Developer 2
Real property situate in the City of Dublin, County of Alameda, State of California, and being a
portion of Parcel C as shown upon map of Tract 8309, filed on July 31, 2017 in Book 349 of Maps
at Page 26, Official Records of Alameda County, and being more particularly described as follows:
Beginning at the northeast corner of said Parcel C; thence along the eastern line of said Parcel C
South 1°23’35” West 338.51 feet; thence across said Parcel C to a point on the western line of said
Parcel C North 89°03’11” East 30.00 feet; thence along said western line to the northwest corner
North 1°23’35” East 338.85 feet; thence along the northern line of said Parcel C South 88°24’09”
East 30.00 feet to the Point of Beginning
Containing 10,160 square feet, more or less.
See Exhibit B – Plat to Accompany Legal Description which is attached hereto and made a part
hereof
End of description.
Prepared by:
________________________________ ____________________
Kirkpatrick P Myers, LS 9009 Date
12/18/2020
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EXHIBIT B – SCARLET DRIVE 404 PERMIT
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EXHIBIT C – LTMP (PLACEHOLDER)
TO BE UPDATED WITH FINAL APPROVED LTMP PRIOR TO RECORDATION
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1442261.1
EXHIBIT D – MMP (PLACEHOLDER)
TO BE UPDATED WITH FINAL APPROVED MMP PRIOR TO RECORDATION
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1442261.1
EXHIBIT E - SCARLET DRIVE 401 PERMIT (PLACEHOLDER)
ATTACHMENT C: Covenants and Deed Restrictions
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1442261.1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Dublin Crossing, LLC
Attn: Bridgit Koller
2603 Camino Ramon, Ste 525
San Ramon, CA 94583
WHEN RECORDED, MAIL COPY TO:
Michael Montgomery, Executive Officer
Attn: Brian Wines,
CIWQS Place ID No. 841536
WDID No. 2 CW 417073
California Regional Water Quality Control Board
San Francisco Bay Region
1515 Clay Street, Suite 1400
Oakland, CA 94612
WHEN RECORDED, MAIL COPY TO:
District Engineer, San Francisco District
Attn: Katerina Galacatos
U.S. Army Corps of Engineers, Regulatory Division
450 Golden Gate
San Francisco, CA 94102
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
COVENANTS AND DEED RESTRICTIONS
Scarlett Drive Mitigation Area
THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this
“Declaration”) is made this ___ day of ____________, 20__, by DUBLIN CROSSING, LLC, a
Delaware limited liability company (“Dublin”), and the CITY OF DUBLIN (“City”)
(collectively the "Declarants").
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A. Declarants are the owners in fee simple of certain real property in the County of
Alameda, State of California, more particularly described in Exhibit A, attached hereto and by
this reference incorporated herein (the "Burdened Property").
B. The City applied to the Department of the Army, through the San Francisco
District of the U. S. Army Corps of Engineers, San Francisco District ("USACE") for a
Nationwide Permit pursuant to Section 404 of the Clean Water Act to authorize the City to place
fill in waters of the United States to construct the Scarlett Drive Project, and to mitigate for such
placement of fill material on the Burdened Property. The “Scarlett Drive Project”, a City of
Dublin capital improvement project, proposes to extend Scarlett Drive from its existing terminus
at the intersection of Houston Place, in a southeasterly alignment to connect with the existing
alignment of Dublin Blvd. To mitigate for impacts to jurisdictional waters of the U.S., the
Scarlett Drive Project will restore 691 linear feet (0.790 acres) of wetland canal within Canal 2
on the Dublin Crossing Project site (“Scarlett Drive Mitigation Area”). The “Scarlett Drive
Mitigation” consists of removal of the concrete lining and riprap, re-contouring of the banks and
substrate of the canal, and the planting of native riparian vegetation. Impacts to waters of the
U.S. due to fill discharge are regulated by the Clean Water Act, Section 404, and were authorized
by the District Engineer pursuant to Nationwide Permit No. 14 (Linear Transportation Projects)
and Nationwide Permit No. 27 (Aquatic Habitat Restoration) (USACE File No. 2018-00036S),
dated January 15, 2019.
C. On January 15, 2019, the District Engineer of the USACE issued the Section 404
Nationwide Permit for the Scarlett Drive Project (the “Scarlett Drive 404 Permit”) authorizing
the Declarant’s discharges to waters of the United States. The Scarlett Drive Permit contains
Special Conditions (#1 - #5) (hereafter the "NWP Special Conditions") which set forth
conditions of approval concerning the proposed fill and those Special Conditions specifically
relating to the Scarlett Drive Mitigation are attached hereto as Exhibit B and incorporated
herein by reference as if set forth in full.
D. The NWP Special Conditions among other things, require that the City shall
submit to USACE a deed restriction to be executed and recorded by the Declarants to protect
restored, and enhanced avoided habitat. That deed restriction shall require that the Burdened
Property (Exhibit A) be restored and maintained in perpetuity consistent with the Addendum to:
Long Term Management Plan Dublin Crossing, November 2020 (Exhibit C), and the
Addendum to: Revised Mitigation & Monitoring Plan Dublin Crossing, August 2020 (Exhibit
D) and incorporated herein by reference as if set forth in full, and that use of the Scarlett Drive
Mitigation Area be limited as set forth in Special Conditions (#1 - #5).
E. The City applied to the California Regional Water Quality Control Board for the
San Francisco Bay Region ("Board") for a water quality certification under Section 401 of the
Clean Water Act and coverage under State Water Resources Control Board Order No. 2003-0017
- DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have
Received State Water Quality Certification" to authorize the Declarant to place fill in waters of
the United States and the State of California to construct the Scarlett Drive Project, and to
mitigate for such placement of fill material on the Burdened Property. Impacts to waters of the
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U.S. and waters of the State of California are authorized by the Clean Water Act Section 401
Certification and coverage under Board Order No. 2003-0017.
F. On (DATE) the Board's Executive Officer issued the Section 401 water quality
certification for the Scarlett Drive Project referenced as CIWQS Place ID No. 841536 (the
“Scarlett Drive 401 Certification”) for the City’s discharges to waters of the United States and
the State of California. The Scarlett Drive 401 Certification contains Special Conditions (# - #)
(hereafter the "401 Special Conditions") setting forth conditions of approval concerning the
proposed fill and those Special Conditions specifically relating to the Burdened Property
(described in Exhibit A) are attached hereto as Exhibit E and incorporated herein by reference
as if set forth in full.
G. The Board's Executive Officer found that, but for the Special Conditions, the
proposed discharge into waters of the United States and State of California could not be found
consistent with applicable law and that a water quality certification could therefore not be
issued.
H. The Special Conditions, among other things, require that the City shall submit to
the Executive Officer a deed restriction to be executed and recorded by the Declarants to
protect restored and enhanced habitat. That deed restriction shall require that the Burdened
Property (Exhibit A) be restored and maintained in perpetuity consistent with the Addendum to:
Long Term Management Plan Dublin Crossing, November 2020, and the Addendum to:
Revised Mitigation & Monitoring Plan Dublin Crossing, August 2020 (which are attached as
Exhibits C and D) and incorporated herein by reference as if set forth in full, and that use of the
Scarlett Drive Mitigation Area be limited as set forth in Special Conditions (# - #)
E. The Declarants elected to execute and record the deed restriction as set forth in
this Declaration required in the Special Conditions, so as to enable the City to undertake the
actions authorized by the water quality certification issued by the Board.
NOW, THEREFORE, in consideration for the rights granted to City for the development
of the Scarlett Drive Project, located in the City of Dublin, County of Alameda, the Burdened
Property shall be preserved for habitat preservation pursuant to California Civil Code §§ 815, et
seq., and shall be dedicated in fee simple to the Alameda County Water Conservation and Flood
Control District, Zone 7 (“Zone 7”) – pursuant to California Civil Code §§ 815, et seq., (Zone 7
is the “Dedicatee”). The transfer of ownership shall provide mitigation of certain anticipated
impacts resulting from the Scarlett Drive Project as authorized by the Department of the Army
Permit No. 2018-00036S, dated January 15, 2019, and the Board’s 401 Certification No.
_________, AND,
IN CONSIDERATION of the Scarlett Drive 404 Permit and the Scarlett Drive 401
Certification, the undersigned Declarants for themselves and for their heirs, assigns, and
successors-in-interest, hereby irrevocably covenant with the Department of the Army and the
Board that the protective provisions, covenants and restrictions ("Restrictions") set forth in this
Declaration shall at all times on and after the date on which this Declaration is recorded
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constitute for all purposes, covenants, conditions and restrictions on the use and enjoyment of the
Burdened Property that are hereby attached to the deed to the Burdened Property as fully
effective components thereof.
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ARTICLE I
DEFINITIONS
1.1 Board. "Board" shall mean the California Regional Water Quality Control Board for the
San Francisco Bay Region and shall include its successor agencies, if any.
1.2 Burdened Property. “Burdened Property” shall mean that property legally described in
Exhibit A (aka “the Property” or “Protected Area”).
1.3 Declarants. “Declarants” shall mean Dublin Crossing, LLC, and the City of Dublin.
1.4 Dedicatee. “Dedicatee” shall mean Alameda County Flood Control and Water Conservation
District (aka “Zone 7”).
1.5 District Engineer. “District Engineer” shall mean the Commanding Officer of the San
Francisco District of the U. S. Army Corps of Engineers.
1.6 Mitigation and Monitoring Plan. “Mitigation and Monitoring Plan” shall mean the
document titled “Addendum to: Revised Mitigation & Monitoring Plan Dublin Crossing, dated
August 6, 2020” (aka “MMP”)
1.7 Long Term Management Plan. “Long Term Management Plan” shall mean the document
titled “Addendum to: Long Term Management Plan Dublin Crossing, dated November 4, 2020”
(aka “LTMP”)
1.8 Occupant. “Occupant” shall mean the Alameda County Flood Control and Water
Conservation District or successor, or any entity acting on behalf of Alameda County Flood
Control and Water Conservation District or successor.
1.9 Owner or Owners. "Owner" or "Owners" shall mean the Declarants and/or their successors
in interest, who hold title to all or any portion of the Protected Area of the Burdened Property.
1.10 Protected Area. “Protected Area” shall have the same meaning as “Burdened Property.”
1.11 Scarlett Drive Permits. “Scarlett Dive Permits” shall mean the Nationwide Permit issued
by the San Francisco District of the U. S. Army Corps of Engineers, dated January 15, 2019, and
the Clean Water Act, Section 401 Water Quality Certification issued by the San Francisco
Regional Water Quality Control Board, dated
1.12 Scarlett Drive Project. “Scarlett Drive Project” shall mean the proposed widening and
extension of Scarlett Drive from Dougherty Road on the north to Dublin Boulevard on the south
including all appurtenant utility, underground, surface and infrastructure improvements, as
shown and defined on the approved “Scarlett Drive Improvement Plans”.
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1.13 USACE. “USACE” shall mean the San Francisco District of the U. S. Army Corps of
Engineers.
1.14 Zone 7. “Zone 7” shall mean the Alameda County Flood Control and Water Conservation
District, Zone 7
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ARTICLE II
GENERAL PROVISIONS
2.1 Current State of Burdened Property. The Burdened Property is currently in a natural state
and is intended to remain undisturbed, except for those activities described in the Addendum to:
Long Term Management Plan Dublin Crossing, dated November 4, 2020, a copy of which is
attached here to as Exhibit C (the “LTMP”).
2.2 Value of Burdened Property. The Burdened Property provides or is capable of providing
significant ecological and habitat values (collectively “conservation values”) that are of aesthetic,
ecological, educational, historical, recreational, and scientific value. These values include, but
are not limited to, the jurisdictional waters of the U.S. and State of California, and the functions
and values of an approximately 691 linear feet (0.790 acres) of Canal 2 within the Dublin
Crossing open space preserve. Canal 2 is subject to ecological enhancement and restoration
efforts as mitigation for the Scarlett Drive Project, and these values are of great importance to the
Declarants and the people of the United States.
2.3 Preservation. As shown in the LTMP, the Burdened Property will be preserved as an open
space and habitat preserve and will be restricted from any development on the terms set forth in
the Scarlett Drive 404 and 401 Permits, and this Declaration.
2.4 Purpose. The purpose of this Declaration is to ensure that the Burdened Property will be
retained forever in a condition contemplated by the LTMP, and to prevent any use of the
Burdened Property that will significantly impair or interfere with the conservation values of the
Burdened Property. Declarants intend that this Declaration will confine the use of the Burdened
Property to such activities including, without limitation, those involving the preservation and
enhancement of native species and their habitats in a manner consistent with the conservation
purposes of this Declaration and the LTMP.
2.5 Agreement to Assign. Declarants understand, acknowledge and agree that, as a condition on
the issuance by the U.S Army Corps of Engineers of the Scarlett Drive Section 404 Permit, and
the San Francisco Regional Water Quality Control Board of the Scarlett Drive Section 401
Certification, the Burdened Property shall be restricted from any development and shall be
reserved for use as habitat preservation on the terms set forth in the Scarlett Drive permits.
Declarants shall offer the Burdened Property for dedication in fee to Zone 7 or to an
organization authorized to hold a conservation covenant under California Civil Code § 815, et
seq. but such offer does not and shall not be construed as or constitute an offer for public use.
2.6 Covenants Running with the Land. In consideration of benefits derived from the Clean
Water Act permits, the Declarants do hereby covenant and agree to restrict, and by this
instrument does restrict, the future use of the Burdened Property as set forth by the below
establishment of this covenant running with the land in perpetuity and shall bind any successors
and assigns in interest to the Burdened Property in accordance with applicable law, including,
but not limited to, California Civil Code 815, et seq., and California Civil Code 4618. This
Declaration sets forth Restrictions upon and subject to which every portion of the Burdened
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Property shall be improved, held, used, occupied, leased, sold, hypothecated, encumbered and/or
conveyed. Each and all of the Restrictions shall run with the land, and pass with each and every
portion of the Burdened Property, and shall apply to, inure to the benefit of, and bind the
respective successors in interest thereof, for the benefit of the USACE, the Board and all other
Owners and Occupants, as well as the people of the United States and the State of California.
Each and all of the Restrictions are enforceable by the Board and/or USACE.
2.7 Notice in Agreements. After the date of recordation hereof, all Owners and Occupants shall
execute a written instrument which shall accompany all purchase agreements, easements or
leases relating to the property. Any such instrument shall contain the following statement:
The land described herein is subject to a deed restriction dated as of
________________, 20__, and recorded on, __________ 20__, in the Official
Records of Alameda County, California, as Document No.__________, which
Covenant and Deed Restrictions imposes certain covenants, conditions, and
restrictions on usage of all or a portion of the property described herein.
2.8 Development Rights. All present and future development rights allocated, implied, reserved,
or inherent to the Burdened Property that are not consistent with the Restrictions or the LTMP
are hereby extinguished and may not be used on or transferred to any portion of the Burdened
Property, nor any other property, wherever located.
2.9 Concurrence of Owners and Lessees Presumed. All purchasers, lessees, or possessors of any
real property interest in any portion of the Burdened Property, whether past, present or future,
shall be presumed by their purchase, leasing, or possession of a portion of the Burdened Property
to be in accord with the foregoing and to agree for and among themselves, their heirs, successors,
and assignees, and the agents, employees, and lessees of such owners, heirs, successors, and
assignees, that the Restrictions as herein established must be adhered to for the benefit of the
USACE, the Board and the Owners and Occupants of the Burdened Property and that the interest
of the Owners and Occupants of the Burdened Property shall be subject to the Restrictions
contained herein. No Owner or Occupant of the Burdened Property shall act in any manner that
would be inconsistent with the Restrictions.
2.10 Enforcement. USACE and the Board shall have the right, to enforce each and every
provision herein. The covenant shall be enforceable by remedy of injunctive relief in addition to
any other remedy in law or equity. Failure of the Declarants, Dedicatee, or other Owner or
Occupant to comply with any provision of this Declaration shall be grounds for USACE or the
Board, by reason of this Declaration, to have the authority to require that the Declarants,
Dedicatee, Owner or Occupant modify or remove any improvements constructed in violation of
this Declaration and restore the Burdened Property as described in the LTMP and the Special
Conditions. In the event that the Declarants, their heirs, assigns or successors in interest shall
fail to abide by any of the covenants hereunder, they hereby agree to pay all reasonable costs and
expenses incurred by USACE or the Board in securing performance of such obligation, including
reasonable attorney's fees and costs. In the event of a breach, any forbearance on the part of any
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party to this covenant to enforce the terms and provisions hereof shall not be deemed a waiver of
enforcement rights regarding any subsequent breach.
The Declarants and Dedicatee agree that USACE, the Board, and/or any persons acting
pursuant to USACE or Board orders, shall upon providing reasonable notice to the Declarants or
Dedicatee, have reasonable access to the Burdened Property for the purposes of inspection,
surveillance, maintenance, or monitoring, as provided for in Division 7 of the Water Code.
Nothing contained in this Declaration shall be construed to entitle the United States or
State of California to bring any action for any injury to or change in the Burdened Property
resulting from causes beyond Declarants’ or Dedicatee’s control, including, without limitation,
fire not caused by Declarants or Dedicatee, flood, storm, and earth movement, or from any
prudent action taken by Declarants or Dedicatee under emergency conditions to prevent, abate,
or mitigate significant threats to life, to health, to public safety, and of injury to the Burdened
Property or other property resulting from such causes.
ARTICLE III
RESTRICTIONS
3.1 Implementation of Mitigation Measures. All mandatory mitigation measures presented in the
LTMP and MMP (Attached hereto as Exhibits C and D) applicable to the Burdened Property
shall be implemented by Dublin Crossing, LLC.
3.2 Prohibited Activities. Unless allowed pursuant to Sections 3.3 or 4.2 below or unless
allowed in the LTMP or future revisions thereof that have been approved in advance in writing
by USACE and the Board or its Executive Officer, the following activities are prohibited on the
Burdened Property:
a. Construction, reconstruction or placement of any building, billboard, sign,
structure, or other improvement, except as provided in the LTMP, or upon approval of USACE
and Board.
b. Unseasonable watering; use of fertilizers, herbicides, pesticides, biocides,
or other agricultural chemicals; mosquito abatement activities; weed abatement activities;
incompatible fire protection activities; and any and all other uses which may adversely affect the
conservation purposes of this Declaration.
c. Grazing and agricultural activity of any kind, except as may be provided
in the LTMP.
d. Commercial or industrial uses.
e. Depositing soil, trash, ashes, refuse, waste, bio-solids or any other
material.
f. Filling, dumping, excavating, draining, dredging, mining, drilling,
removing, exploring for or extracting minerals, loam, gravel, soil, rock, sand or other material on
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or below the surface of the Burdened Property, or granting or authorizing surface entry for any of
these purposes, unless authorized by the Board and USACE.
g. Altering the surface or general topography of the Burdened Property,
including building drives, paving or otherwise covering the Burdened Property with concrete,
asphalt, or any other impervious material, except as provided in the LTMP and approved by the
Clean Water Act permits.
h. Removing, destroying, or cutting trees, shrubs or other vegetation, except
as required for: (i) fire and/or flood protection measures as specified in the LTMP; (ii)
maintenance of existing foot trails or drives; (iii) prevention or treatment of disease; (iv) utility
line clearance, or (v) maintaining flows through the Burdened Property.
i. Use of motorized vehicles, including off-drive vehicles, except on existing
driveways, as required to meet the obligations of the LTMP.
j. Transferring any water right.
k. Planting, introduction or dispersal of non-native or exotic plant or animal
species.
l. Manipulating, impounding or altering any natural watercourse, body of
water or water circulation on the Burdened Property and any activities or uses detrimental to
water quality, including but not limited to degradation or pollution of any surface or sub-surface
waters.
m. All active recreational activities not otherwise described in the LTMP,
including, but not limited to, horseback riding, biking, hunting or fishing.
n. Permitting a general right of access to the property that may result in
damage to ecological functions and values.
o. Assigning, terminating, or altering any and all mineral, water, or air rights,
without the prior written authorization of the USACE and Board.
p. Granting any additional interest in the Burdened Property, without the
prior written authorization of the USACE and Board.
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3.3 Permitted Activities. Notwithstanding the foregoing restrictions, the following activities
may occur in the Protected Areas:
a. Engaging in uses and activities necessary or appropriate to implement the
LTMP.
b. Control of entry upon the Burdened Property, including, without
limitation, the installation and maintenance of signs or fences that do not impede the
movement of wildlife.
c. Passive recreational uses, including those activities described in the
LTMP, that do not degrade the conservation values of the Burdened Property.
ARTICLE IV
VARIANCE AND TERMINATION
4.1 Effect of Declaration. The covenants and the provisions set forth in this Declaration are
irrevocable and nonmodifiable and shall continue in effect in perpetuity unless modified or
terminated as provided herein.
4.1 Variance from Declaration. Declarants, Dedicatee, or any Owner, or with the Owner's
consent, any Occupant of the Burdened Property or a portion thereof may apply to USACE and
the Board for a written variance from the provisions of this Declaration. USACE and the Board,
at their discretion, may approve the variance if they find that the requested variance would not
impact the size, condition, or functions of the mitigation features required by the Clean Water
Act permits and protected by this Declaration.
4.2 Termination of Declaration. Declarants, Dedicatee, or Any Owner or with the Owner's
consent, any Occupant of the Burdened Property or a portion thereof may apply to USACE or
the Board for a termination of the provisions of this Declaration as they apply to all or any
portion of the Burdened Property. Termination of the provisions of this Declaration requires the
provision of alternate mitigation of equivalent size, condition, and functions. USACE and the
Board will not approve the termination of the provisions of this Declaration until such alternate
mitigation has been established, including the implementation of any necessary construction and
planting, as well as a minimum of five years of post-establishment monitoring and maintenance,
and a deed restriction or conservation easement has been recorded for the alternate mitigation
site.
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ARTICLE V
MISCELLANEOUS
5.1 Best and Most Necessary Use. The habitat conservation values of the Declaration are
presumed to be the best and most necessary public use as defined in equity and pursuant to
California Code of Civil Procedure §1240.680 notwithstanding Code of Civil Procedure
§§1240.690 and 1240.700.
5.2 No Dedication Intended. Nothing set forth herein shall be construed to be a gift or
dedication, or offer of a gift or dedication, of the Burdened Property or any portion thereof to the
general public.
5.2 Taxes. Prior to transfer to Dedicatee, Declarants shall pay before delinquency all taxes,
assessments, fees, and charges of whatever description levied on or assessed against the
Burdened Property by competent authority (collectively, "taxes"), including any taxes imposed
upon, or incurred as a result of, this Declaration, and shall furnish satisfactory evidence of
payment upon request. Dedicatee shall there-forward keep the Burdened Property free from any
liens, including those arising out of any obligations incurred by the Declarants or Dedicatee for
any labor or materials furnished or alleged to have been furnished at or for use on the Burdened
Property.
5.3 Subsequent Property Transfer. Declarants and Dedicatee agree to incorporate the terms of
this Declaration in any deed or other legal instrument by which the Declarants or Dedicatee
divests itself of any interest in all or a portion of the Property, including, without limitation, a
leasehold interest. Declarants or Dedicatee shall give USACE and the Board written notice of
the intent to transfer any interest at least 30 days prior to the date of such transfer. USACE and
the Board shall have the right to prevent subsequent transfers in which transferees are not given
notice of the terms, covenants, conditions and restrictions of this Declaration. The failure of
Declarants or Dedicatee to perform any act required by this section shall not impair the validity
of this Declaration or limit its enforcement in any way.
5.4 Recordation. Declarants shall submit an original, signed and notarized Deed including this
Declaration to USACE and the Board, and shall promptly record this instrument in the official
records of the County of Alameda, and shall thereafter promptly provide a conformed copy of
the recorded Declaration to USACE and the Board. Upon the assignment of the Burdened
Property, Dedicatee shall promptly record the title with this Declaration in the official records of
the County of Alameda, and shall thereafter promptly provide a conformed copy of the recorded
Declaration to USACE and the Board.
5.5 Termination of Declaration. Upon approval of USACE and the Board, Declarants or
Dedicatee may grant a perpetual Conservation Easement over the Property to a third party
approved to hold Conservation Easements under Civil Code § 815, et seq., and, by so doing, may
terminate this Declaration. Termination may only occur after Conservation Easement has been
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recorded and only if the Conservation Easement contains all provisions set forth in this
Declaration.
5.6 General Provisions.
a. Controlling Law. The interpretation and performance of this Declaration
shall be governed by the laws of the State of California and applicable Federal law, including the
Clean Water Act.
b. Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Declaration shall be liberally construed to affect the purposes of this
Declaration and the policy and purpose of Civil Code §815, et seq. If any provision in this
instrument is found to be ambiguous, an interpretation consistent with the purposes of this
Declaration that would render the provision valid shall be favored over any interpretation that
would render it invalid.
c. Severability. If any provision of this Declaration or the application thereof
is found to be invalid the remaining provisions of this Declaration or the application of such
provisions other than that found to be invalid shall not be affected thereby.
d. Entire Agreement. This Declaration and the LTMP incorporated by
reference herein, including all of the exhibits thereto, together set forth the entire agreement of
the parties and supersede all prior discussions, negotiations, understandings, or agreements
relating to the Declaration, all of which are merged herein. No alteration or variation of this
instrument shall be valid or binding unless contained in an amendment in accordance with the
provisions herein.
e. Termination of Rights and Obligations. A party's rights and obligations
under this Declaration terminate upon transfer of the party's interest in the Declaration or
Property, except that liability for acts, omissions or breaches occurring prior to transfer shall
survive transfer.
f. Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon its
construction or interpretation.
g. Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be
deemed an original instrument as against any party who has signed it.
[Signatures on Following Page]
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IN WITNESS WHEREOF, Declarant has executed and delivered this Declaration as of the day
and year first above written.
DECLARANT (Dublin Crossing, LLC):
DUBLIN CROSSING, LLC,
a Delaware limited liability company
By: BrookCal Dublin LLC,
a Delaware limited liability company
Its: Member
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
Its: Member
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
By: SPIC Dublin LLC,
a Delaware limited liability company
Its: Member
By: Standard Pacific Investment Corp.,
a Delaware corporation
Its: Member
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
DECLARANT (City of Dublin):
By: ________________________________
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1442261.1
Name: ______________________________
Title: _______________________________
Date: _______________________________
DEDICATEE (Zone 7):
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
UNITED STATES ARMY CORPS OF ENGINEERS
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
REGIONAL WATER QUALITY CONTROL BOARD
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
ATTACHMENT D: Scarlett Drive/Iron Horse Trail Extension Project
Mitigation Map
Map Location
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DUBLIN BLVD.
0.119 ac. / 520 LF
0.093 ac. / 403 LF
0.055 ac. / 230 LF
0.062 ac. / 357 LF
0.046 ac. / 190 LF
0.091 ac. / 525 LF
See Inset Map
CENTRAL PKWY
HORIZON PKWY
Created/Revised: 10/11/2019
SCARLETT DRIVE/IRON HORSE
TRAIL EXTENSION PROJECT
Dublin, California
Mitigation Map
0 250 500
SCALE IN FEET
Scarlett Drive Project Area (8.4 acres)
Drainage Ditch Relocation: 2,225 linear feet (0.466 acre)
Riparian Area Restoration (0.743 acre)
Restored Riparian Area
Channel Restoration: 691 linear feet (0.047 acre)
Scarlett Drive On-site Mitigation
Scarlett Drive Off-site Mitigation
Dublin Crossing Off-site Mitigation
AR
NO
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D R
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Scarlett Drive Off-site Mitigation
Channel: 0.023 ac. / 337 LF
Riparian Area: 0.371 ac.
Scarlett Drive Off-site Mitigation
Channel: 0.024 ac. / 354 LF
Riparian Area: 0.372 ac.
Dublin Crossing Off-site Mitigation
Dublin Crossing Off-site Mitigation
Dublin Crossing Off-site Mitigation
Dublin Crossing Off-site Mitigation
HORIZON PKWY
CENTRAL PKWY
0 150 300
SCALE IN FEET
Restored Channel
Inset Map
(691 linear feet (0.790 acre))
(2,225 linear feet (0.466 acres))
Attachment 3798