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HomeMy WebLinkAbout20-24RESOLUTION 20-24 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING THE PLANS AND SPECIFICATIONS FOR THE MATADERO CREEK RESTORATION AND BANK STABILIZATION PROJECT; APPROVING THE PLANS AND SPECIFACATIONS FOR THE MATADERO CREEK RESTORATION OFFSITE MITIGATION PLANTING AND FENCING PROJECT AT BYRNE PRESERVE; AUTHORIZING STAFF TO ADVERTISE THE PROJECTS FOR FORMAL BIDS; AND APPROVING COVENENT AND DEED RESTRICTIONS ON TOWN PARCELS APN 182-32- 008 AND PARCEL APN 182-32-021 WHEREAS, the Matadero Creels Erosion Repair has been approved in the Town Capital Budget since FY2013-14; and WHEREAS, the Plans and Specifications for the Matadero Creek Restoration and Bank Stabilization for the erosion repair work have been completed; and WHEREAS, as required by the Water Board to mitigate permanent impacts from the Matadero Creek erosion repair, proposed mitigation measures include On -Site Creation, Offsite Enhancement, and Offsite Preservation; and WHEREAS, the Offsite Preservation measure includes preserving 0.88 -acre of open space parcels and associated riparian habitat 816 linear feet along Matadero Creek; and WHEREAS, the Offsite Preservation measure requires covenant and deed restrictions on two parcels, APN 182-32-008 and APN 182-32-021, along the Matadero Creels riparian corridor, which are zoned Open Space Reserve; and WHEREAS, the Offsite Enhancement mitigation includes enhancing 848 linear feet of a tributary area to Moody Creek by installing riparian plantings at Byrne Preserve; and WHEREAS, the Plans and Specifications for the Matadero Creels Restoration Offsite Mitigation Planting and Fencing at Byrne Preserve have been completed; and WHEREAS, staff recommends that the City Council approve the Plans and Specifications for both the Matadero Creek Restoration and Bank Stabilization Project and the Matadero Creels Restoration Offsite Mitigation Planting and authorize staff to advertise the projects for formal bids; and WHEREAS, staff recommends that the City Council approve the deed restrictions to Town parcels, APN 182-32-008 and APN 182-32-021 for County recordation; and WHEREAS, with a request for Council award of the Matadero Creels Restoration and Bank Stabilization Project in July 2024, staff would also request Council to approve the first amendment to ENGEO's consultant services agreement to include construction management services for an additional fee of approximately $230,000. Resolution 20-24 NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that: 1. Approving the Plans and Specifications for the Matadero Creek Restoration and Bank Stabilization Project; and 2. Approving the Plans and Specifications for the Matadero Creek Restoration Offsite Mitigation Planting and Fencing Project at Byrne Preserve; and 3. Authorizing staff to advertise both projects for bids; and 4. Approving covenant and deed restrictions on Town parcels APN 182-32-008, and APN 182-32-021. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 161h day of May 2024 by the following vote: AYES: Mok, Schmidt, Swan, Tankha, Tyson NOES: None ABSTAIN: None ABSENT: None ATTEST: 4ri Birdsong -Miller, Ci,4 Clerk BY: Stan k_' M yor Resolution 20-24 RECORDING REQUESTED BY TOWN OF LOS ALTOS HILLS WHEN RECORDED MAIL COPY TO: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk And Eileen White, Executive Officer Attn: Brian Wines; Reg. Meas. ID No. 40084, CIWQS Place ID No. 815154 Regional Water Quality Control Board San Francisco Bay Region 1515 Clay Street, suite 1400 Oakland, CA 94612 SPA CEABOVE THIS LINE FOR RECORDERS USE COVENANT AND DEED RESTRICTION APN 182-32-008 Los Altos Hills, CA 94022 Dated: Peter Pirnejad, City Manager Town of Los Altos Hills A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of On before me, a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Name: (Typed or Printed) Release (Seal) COVENANT AND DEED RESTRICTION This Covenant and Deed Restriction is made and executed on this day of 2024, by the APPLICANT which is the Owner of fee title of certain real property located within the Town of Los Altos Hills, County of Santa Clara County, State of California, Assessor's Parcel Number 182-32-008 (hereafter, the "Burdened Property"), and more particularly described and illustrated in Exhibit "A", which is attached hereto and incorporated by reference herein as set forth in full. A. APPLICANT applied to the 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 APPLICANT to place fill in waters of the United States and the State of California in connection with a project to construct storm water management infrastructure on the Burdened Property. Impacts to waters of the U.S. and waters of the State of California are authorized by the CWA Section 401 Certification and coverage under Board Order No. 2003-0017. B. On February 9, 2023, the Board's Executive Officer issued a water quality certification for the APPLICANT's proposed discharges to waters of the United States and the State. The Certification is attached hereto as Exhibit B. Special Conditions 1 through 15 (hereafter the "Special Conditions") in the Certification set forth conditions of approval concerning the proposed fill. C. 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. D. The Special Conditions among other things, require that the APPICANT shall submit to the Executive Officer a deed restriction executed and recorded by the APPLICANT prior to the time that the APPLICANT discharges any part of its planned discharge to waters of the United States. That deed restriction shall require that property which is that Protected Area within APN 182-32-008 be preserved in perpetuity consistent with the Revised Matedero Creek Restoration and Stabilization Project Mitigation and Monitoring Plan, Los Altos Hills, Santa Clara County, California (MMP) (Johnson Marigot, January 2023) (which is attached as Exhibit C), and that use of the Protected Area be limited as set forth in the Special Conditions. E. The Applicant elected to execute and record the deed restriction required in the Special Conditions, so as to enable the APPLICANT to undertake the actions authorized by the water quality certification issued by the Board. NOW, THEREFORE, in consideration of the water quality certification issued by the Executive Officer, the undersigned APPLICANT for itself and for its heirs, assigns, and successors -in -interest, hereby irrevocably covenant with 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 Page 11 Protected Area of the Burdened Property that are hereby attached to the deed to the Burdened Property as fully effective components thereof. ARTICLE I DEFINITIONS 1.1 Board. "Board" shall mean the Regional Water Quality Control Board for the San Francisco Bay Region and shall include its successor agencies, if any. 1.2 Occupants. "Occupants" shall mean the APPLICANT and those persons entitled by ownership, leasehold, or other legal relationship to the right to use and/or occupy all or any portion of the Protected Area of the Burdened Property. 1.3 Owner or Owners. "Owner" or "Owners" shall mean the APPLICANT and/or its successors in interest, who hold title to all or any portion of the Protected Area of the Burdened Property. ARTICLE II GENERAL PROVISIONS 2.1 Provisions to Run with the Land. This Covenant and Deed Restriction set forth Restrictions upon and subject to which every portion of the Protected Area 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 Protected Area 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 Board and all other Owners and Occupants. Each and all of the Restrictions are enforceable by the Board. 2.2 Concurrence of Owners and Lessees Presumed. All purchasers, lessees, or possessors of any portion of the Protected Area of the Burdened Property shall be presumed by their purchase, leasing, or possession of such Protected Area 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 Board and the Owners and Occupants of the Protected Area of the Burdened Property and that the interest of the Owners and Occupants of the Protected Area of the Burdened Property shall be subject to the Restrictions contained herein. 2.3 Incorporation into Deeds and Leases. The APPLICANT desires and covenants that the Restrictions and Conditions shall be incorporated in and attached to each and all deeds and leases of any portion of the Protected Area of the Burdened Property Recordation of this Covenant shall be deemed binding on all successors, assigns, and lessees, regardless of whether a copy of this Covenant and Agreement has been attached to or incorporated into any given deed or lease. Page 12 2.4 The APPLICANT agrees that the Board, and/or any persons acting pursuant to Board orders, shall upon providing reasonable notice to the APPLICANT, 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. 2.5 No Owner or Occupant of the Protected Area of the Burdened Property shall act in any manner that would be inconsistent with the Restrictions. 2.6 Enforcement. 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 an Owner or Occupant to comply with any provision of this Covenant shall be grounds for the Board, by reason of this Covenant, to have the authority to require that the Owner modify or remove any improvements constructed in violation of this Covenant and restore the Protected Area of the Burdened Property as described in the MMP and the Special Conditions. In the event that the Applicant 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 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. 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 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 May 16, 2024, and recorded on I, 2024, in the Official Records of Santa Clara County, California, as Document No. , which Covenant and Restriction imposes certain covenants, conditions, and restrictions on usage of a portion of the property described herein. ARTICLE III RESTRICTIONS 3.1 This Covenant and Deed Restriction prohibits uses incompatible with the preservation of Matadero creek and its riparian corridor for aquatic resource values within Protected Areas as presented in the Revised Matadero Creek Restoration and Stabilization Project Mitigation and Monitoring Plan, Los Altos Hills, Santa Clara County (Johnson and Marigot Consulting, January 2023) (Attached hereto as Exhibit C) 3.2 Unless allowed pursuant to Sections 3.3 or 4.2 below or unless allowed in the MMP or future revisions thereof that have been approved in advance in writing by the Board or its Executive Officer, the following activities are prohibited within the Protected Areas: Page 13 a) Unseasonal watering, use of fertilizers, pesticides, biocides, herbicides or other agricultural chemicals, that may adversely affect_ the purpose of this Deed Restriction; b) Depositing or allowing the uncontained accumulation of trash, ashes, garbage, waste, or any similar other material; c) Removing, destroying, or cutting of native trees, native shrubs, or other native vegetation, except as required for the prevention or treatment of disease, abatement of weeds or invasive plants, fire protection and implementation of the MMP. (However, no removal of living native shrubs or trees is allowed in the riparian zone for any reason) d) Introduction of non-native, exotic, or invasive species; e) Use of vehicles off designated roadways unless necessary to implement the MMP or for emergency fire management or personal safety; f) Paving or otherwise covering of the Protected Area with concrete, asphalt, or any other impervious paving material; g) Filling, dumping, excavating, draining, dredging, mining, drilling; h) Removing or exploring for or extraction of minerals, loam, sands, gravel or other material on or below the surface, i) Altering the surface or general topography, including building of roads, or construction of temporary or permanent structures, except as necessary for maintenance or restoration of the improvements authorized by the certification described above in Paragraph B and included as Exhibit B, 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 MMP. b) (c) Control of entry upon the Protected Property, including, without limitation, the installation and maintenance of signs or fences that do not impede the movement of wildlife. 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. 4.2 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 the Board for a written variance from the provisions of this Covenant. The Board, in its sole discretion, may approve the variance if the Board finds that the requested variance would not impact the size, condition, or functions of the mitigation features required by the 401 certification and protected by this Covenant. 4.3 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 the Board for a termination of the provisions of this Covenant as they apply to all or any portion of the Protected Area of the Burdened Property. Termination of the provisions of this Covenant requires the provision of alternate mitigation of equivalent size, condition, and functions. 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 Page 14 five years of post -establishment monitoring and maintenance, and a deed restriction or conservation easement has been recorded for the alternate mitigation site. ARTICLE IV MISCELLANEOUS 5.1 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 Protected Area of the Burdened Property or any portion thereof to the general public. 5.2 Notices. Whenever any person gives or serves any notice, demand, or other communication with respect to this Covenant, each such notice, demand, or other communication shall be in writing and shall be deemed effective (1) when delivered, if personally delivered to the person being served or official of a government agency being served, or (2) three (3) business days after deposit in the mail if mailed by United States mail, postage paid certified, return receipt requested: Mr. Daniel Liang Utility Engineering Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 With a copy to: Eileen White, Executive Officer Attn: Brian Wines; Reg. Meas. ID No. Regional Water Quality Control Board San Francisco Bay Region 1515 Clay Street, Suite 1400 Oakland, California 94612 40084, CIWQS Place ID No. 815154 5.3 Partial Invalidity. If any portion of this Covenant is determined to be invalid for any reason, the remaining portion shall remain in full force and effect. 5.4 Article Headings. Headings at the beginning of each numbered article of this Covenant are solely for the convenience of the parties and are not a part of the Covenant. 5.5 Recordation. This instrument shall be executed by the APPLICANT and by the Executive Officer of the Board. This instrument shall be recorded by the APPLICANT in Santa Clara County within ten (10) days of the date of execution. 5.6 References. All references to Code sections include successor provisions. 5.7 Construction. Any general rule of construction to the contrary notwithstanding, this instrument shall be liberally construed in favor of the Covenant to affect the purpose of this instrument and the policy and purpose of the Water Code. If any provision of this instrument is found to be ambiguous, an interpretation consistent with the purpose of this instrument that would render the provision valid shall be favored over any interpretation that would render it invalid. Page 15 IN WITNESS WHEREOF, the parties execute this Covenant as of the date set forth above. Covenantor: APPLICANT By: Title: Peter Pirneiad, City Manager Date: Covenantor: Town of Los Altos Hills By: _ Title: Date: Stanley Mok, Mayor STATE OF CALIFORNIA) COUNTY OF ) On , 2024 before me, the undersigned a Notary Public in and for said state, personally appeared [ 1, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument. WITNESS my hand and official seal. Notary Public in and for said County and State Page 16 Agency: State of California Regional Water Quality Control Board San Francisco Bay Region Title: _Executive Officer Date: STATE OF CALIFORNIA) COUNTY OF ) On , 20 before me, the undersigned a Notary Public in and for said state, personally appeared Eillen M White, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument. WITNESS my hand and official seal. Notary Public in and for said County and State Page 17 EXHIBIT A Exhibit of Entire Parcel and Original Legal Description of Entire Parcel, Including Portions of the Page Mill Right -of -Way Subsequently Removed from Parcel oe 7 TOWN PARCEL TO BE PRESERVED IN DEED RESTRICTION 0.14 ACRES, 176 LF OF CREEK, APN 182-32-008 1 .� I , ... ... ... ......1 is ..... EXPLANATION ALL LOCATIONS ARE APPROXIMATE A 0 200 MATADER0 CREEK ALIGNMENT FEET CENTER LINE IN LF LINEAR FEET BASE MAP SOURCE. GOGGLE EARTH MAPPING SERVICE llll� AOWAV� DEED RESTRICTED PARCELS PROJECT NO.: 11359.000.000 FIGURE NO. L—r A MATADERO CREEK SCALE: AS SHOWN Expect Excellence— LOS ALTOS HILLS, CALIFORNIA DRAWN BY: LL I CHECKED BY: RHB ORIGINAL FIGURE PRINTED IN COLOR KOK D.4r, fH ala Q Der ! 3 ai PM `H OFFICIAL REC.ORCO SANTA CLARA COUNTY GEORGE E. FOWL.EB D r E D RECORDER �. LAURENCE LMSM and MER BuMoiS DAM OW, his wife, hereby grant to VP the TC%wN of IfJ6 AIftY6 HILLS, a municipal corporation, without warranty, express or implied, that certain real property situated in the Tuan of Teas Altos Hills, County of Santa Clara, State of California, described as follows: All of that portion of the real property conveyed by MUM KILL SCHROIS,and HANNES SCHROLT„ her husband, to LAtktlyKE D RSM by deed dated June 17, 1457 and recorded June 20, 1957 at page 527 of Book 3825, Santa Clara County official Records, lyirsl east of the center line of PAGE b= ROAD. Dated:;Q�t - I�.iL . _.« .1969. /v/ laurenome Dawson I a � Ruth Burrows Vesman STATE OF CAISkYJFaI<7IA ) ) ss. COLWIY OF } 0n -g-, 111 r 1969, before me the undersigned, a Notary VubM4 inand s ^I. DA tate, personally appeared IAA = and WM BMMIS LIATPSM, kifcum to me to be the persons whose raw, are subscribed to the Within iZmtt'Amleat and acknowledged that they ameuted the same. 9IMUM my hand and official seal. - MARGARET REED' VDIM PULIC`CAMANU a c •� a ply ASD OOONIY OF Notaly/1 ant Or Baid N� a SAN rRAIRMob my aAlOn Expire% MY 57, WL WIS IS TO C'EtiliIY that the interest in real property canveyed by the dead dated June 27 , 1969 from LA WMM DAW9W and MM BMW0,0 r his wife, toaT TWN coil IDS ALTOS HITSS, a rtr**i-4aipat carporatim, is har4W accepted by the undersigned officer on behalf of the City Counail of the Trow of Less Altos Hills pursuant to authority conferred by resolution #C62 -of said City council adopted on June 19 1961+ and the Thai of Ios Altos Hills ocnsents to recprdahion eY its duly authariz z offic". Dated: September 30 , 19$9 D'' y city, -clerk I VRoPosCD 1vAlt '7, L.a0 6 F ;I-Aac( To. 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Ni. 22°.®5'. : W�_, 9 :• a foot' to Fte."tinr j5.54 -in said, J)oundecry3 .t}io?'ds " I1. d6* �0'°E.• 6*76: feet'.to 3tAti.oh B.55 'or 'said bouhdavjj thenoe .N, .23,'...`5! Vit: 116016 'riot .to the interseatian' p�,: he •19ne1 �i vidind Ranohaa'1&1 06rte_ Midera'. and'La P6vlbelisa. Qa oepoloh.vr3th.'tiie'o;en er brie u :Matixd reek;.—'thence aclntinuing a ong.:theankar�y baundax*y oi':•aaid'732..eaie:. tx+ao •t? : labA 'and .alocj the denier a:ihe of.'14ates eraMCre.olc 76q 43-Y., . 57.*14' e- t# t}�aiac:e' fit. 1]� 8. . '...'. ,f1.'feetg. th�anos, N;4" 91.11.w...5i.4 se #: and tlzerice :. :. ; 62t 'W. ,75!;GO't� t.j;;thenae_.ie4VID "the Ea - bouiadaixy: pt`: said- 732 "acre' t'ra'et,- N'.::56 . `p3s : C3'-: kt;,;-Orosa- 7 rig Yaffe Mi7al Naad, 7.58 -feet .:tc the � pai.nt of.. b ginnin ; :. •: "be n&* - p' poitI6n;.or. hancTao. V1' (}arta` Madera and: a.'portian ..::.. of, Ldt • 1 as - shown an. that fl xta� Ii .Map `'entitled,. 'Map. ha -t• -part=of. the tanahc. lex iss ma:den ap 3.on .pai�^— titione�i #'or.uarcar3vne$; W:'Matthewa�;It. V: :Budge acid :T..k. ;3i shop;"..which Map eves e37eQ'f.Az' record'inthe. : off7.ce. sxS' the Heaarder•''of aha County of Santa (il11 _. .: 4ata caf Gal3ftirs ia, on puna:21,: 1 77 3n i3m' `, '. e. Kaps at.; page 21;. end , contai.ni.n 22.6288' aai sof .land, more'or •1085; as�..surVsyad"by Laurence.'d:'Br3ati,'Civ3] . nxneer, Redwgod i:7ty, Cal3Fornie,'and �hoWp an'the I~iap •t:F aeaavd of 8urve; ..thpVdof filed t in .dice aff�'ce :oF .the �eagrdev of `Santo. alaiA • Caaanty, abrtcar i : cl, 19;17,'An Book 7P' df Maps, at . pagei 21. }(C>ri"i`xNti }t .E Fi� M:.that .portion= thereof �cdnvey�aci by Maud Sahrvll', a1ac:.: knovrri as Maud: H111phrrall, i o Cla>'e }io by peed dated !ru teat' 26,.-1946 and recorded .• '' ' `'opta�aber �...-4 �s"i3 ali r _-, __-._---._'__�: _--pale X73► --Santa CUVO,,Count±y'• Reaordg, and•'being desoribeci :: A stxi off` tan -havi r ianifa �i width.of. 2Q fdot --;' And lYing'.XQ feat on eeoh:sldA op tjo=cantgO line .thorea. .-_' -_ described a.s.. fall�i�s : BegSnliing..at ,a.pUini�,an theaafirsrly:•Zcaunctry or:: ; -certain .732 •act*a''traat.of.land..c®{cve'yed. by.'Jar)e,, ,inai ton and +leorge: kt. 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PRUtECtlON CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER for the Matadero Creek Bank Stabilization at Page Mill Road Project; Town of Los Altos Hills, Santa Clara County Sent via electronic mail. No hard copy to follow Effective Date: RM: Place ID: WDID #: Corps File No: February 9, 2023 400884 815145 2 CW400884 2015-00190S Permittee: Town of Los AltosHills 26379 Fremont Road Los Altos Hills, CA 94022 Attn: Woojae Kim, Public Works Director Phone: (650) 947-2516 Email: wkim .losaltoshills.ca.gov Water Board Brian Wines Staff: 1515 Clay Street, Suite 1400 Oakland, CA 94612 Phone: (510) 622-2516 Email: Brian.wines@waterboards.ca.gov JAYttc BAUPY, Gl+Ain I En.r_ca Wtntr-., EXEC1,1111iC ate€IGEN 1616 Clay St., Sulto 1400, Oakland, CA 94012 1 svww.watottroardo.ce.govlaanfranciocattay Water Quality Certification and Order Place ID 815145 Matadero Creek Bank Stabilization at Page Mill Road Project WDID# 2 CW400884 RM 444904 Table of Contents Certification and Order Coverage................................................................................1 1. Project...............................................................................................................1 1.1 Site Description................................................................................................... 1 1.2 Construction Details............................................................................................ 2 2. Impacts to Waters of the State........................................................................ 2 2.1 Fill and Discharge ....................... :..................................................................... ... 2 2.2 Beneficial Uses................................................................................................... 2 3. Mitigation.......................................................................................................... 2 4. California EcoAtlas..........................................................................................8 5. Environmental Quality Act (CEQA) Compliance............................................8 6. Conditions.........................................................................................................9 6.1 Regulatory Compliance and Work Windows....................................................... 9 6.2 General Construction.........................................................................................10 6.3 Pre -Construction Reporting and Other Requirements........................................12 6.4 Active Construction and Post -Construction Reporting Requirements.................13 6.5 Mitigation Requirements....................................................................................14 6.6 Administrative and General Compliance............................................................16 6.7 Standard Conditions..........................................................................................18 6.8 Annual Fees.......................................................................................................18 I Water Quality Certification and Order Place ID 815145 Matadero Creek Bank Stabilization at Page Mill Road Project WDID# 2 CW400884 RM 444904 Certification and Order Coverage This Clean Water Act (CWA) section 401 Water Quality Certification (Certification) and Order (Order) is issued to the Town of Los Altos Hills (Permittee). Pursuant to CWA Section 404, the Permittee requested authorization to fill and discharge to waters of the U.S. from the U.S. Army Corps of Engineers (Corps), Regulatory Branch, pursuant to Nationwide Permit (NWP) 13 (Bank Stabilization) (Corps File No. 2015- 00190S), The Permittee applied to the San Francisco Bay Regional Water Quality Control Board (Water Board) requesting Certification verifying that the Matadero Creek Bank Stabilization at Page Mill Road Project (Project) does not violate State water quality standards. The Water Board received the Project application on May 7, 2015. An incomplete application letter was provided to the Permittee on May 18, 2015. The following sections are derived from the application materials received on May 7, 2015, the Permittee's partial response to the incomplete application letter on October 6, 2021, and supplemental information received through January 21, 2023 (Application). 1. Project The Project purpose is to stabilize an incising reach of Matadero Creek (Creek) and to stabilize an eroding bank in the incising reach that threatens the stability of Page Mill Road as it crosses the Creek. 1.1 Site Description The Permittee will implement the Project on a reach of the Creek on the northwest side of Page Mill Road in the Town of Los Altos Hills, Santa Clara County (Lat. 37.38567; Long. -122.16491) (Att. A, Fig. 1). This reach of the Creek traverses a residential neighborhood, with single-family homes to the northwest and Page Mill Road to the southeast. The Project site is immediately downstream of a concrete box culvert that carries the Creek under Page Mill Road and is owned in fee title by the California Department of Transportation (Caltrans). The Permittee maintains the property under an agreement with Caltrans. The Creek is an intermittent stream in the Adobe Creek -watershed (Hydrologic Unit Code (HUC) 12: 180500041001). Downstream of Page Mill Road, the Creek has a relatively steep gradient and the Creek channel is incising in response to hydromodification in the watershed. Downstream of the culvert, a three-foot headcut and a scour pool are located at the transition of from an existing sackcrete culvert apron to the downstream soft bottom channel. Plant communities at the Project site include mixed riparian woodland, dominated by arroyo willow (Salix lasiolepis) and Northern California black walnut (Juglans hindsii). The understory is dominated by non-native annual grasses and other native and non- native species, including fringed willowherb (Epilobium ciliatum), Himalayan blackberry Page 1 of 20 Water Quality Certification and Order Matadero Creek Bank Stabilization at Page Mill Road Project Place ID 815145 WDID# 2 CW400884 RM 444904 (Rubus armeniacus), California blackberry (Rubus ursinus), snowberry (Symphoricarpos albus), and poison oak (Toxicodendron diversilobum). 1.2 Construction Details The Project will stabilize the Creek at Page Mill Road by replacing a failing, sackcrete apron with a new rock riprap chute. At the downstream exit of the box culvert under Page Mill Road, a soldier pile wall will be constructed to stabilize the fill cell that supports the road (Aft. A, Figs. 2a -2d). During construction, the site will be dewatered using upstream and downstream cofferdams. 2. Impacts to Waters of the State The Water Board independently reviewed the Project record to analyze impacts to water quality and the environment and designated beneficial uses within the Project's watershed. 2.1 Fill and Discharge The Project will result in direct impacts to waters of the State from the placement of fill in waters of the State. Project implementation will permanently impact of 0.07 acre of the Creek, extending over 93 linear feet (Aft. A, Figs. 2a -2c). Permanent impacts include the placement of 166 cubic yards of rock riprap over 1,284 square feet (0.029 acres), extending over 93 linear feet of the Creek, and constructing a soldier pile wall with a footprint of 50 square feet (0.0011 acre). Seventy square feet (0,0016 acres), extending over 15 linear feet of the area to be lined with rock riprap is currently composed of sackcrete that will be removed from the channel. Dewatering and construction staging will temporarily impact an additional 27 linear feet of the creek channel, with a surface area of 1,307 square feet (Aft. A, Fig. 2b). Permanent and temporary impacts to the Creek and mitigation measures for those impacts are summarized in Table 1 in Section 3, below. In addition to impacts to waters of the State, seven Northern California black walnut trees and six willows will be removed during Project construction. 2.2 Beneficial Uses The San Francisco Bay Basin Water Quality Control Plan (Basin Plan) defines the beneficial uses of waters of the State. The Project will impact Matadero Creek. Matadero Creek has existing beneficial uses of [[cold freshwater habitat, fish migration, preservation of rare and endangered species, fish spawning; warm freshwater habitat; wildlife habitat; contact water recreation; and non -contact water recreation. 3. Mitigation Mitigation for the Project's permanent and temporary impacts to the Creek is described in the Mitigation and Monitoring Plan, Matadero Creek Restoration and Bank Stabilization Project, Los Altos Hills, Santa Clara County, California (MMP) (Johnson Marigot Consulting, LLC, January 2023). Page 2 of 20 Water Quality Certification and Order Place ID 815145 Matadero Creek Bank Stabilization at Page Mill Road Project WDID# 2 CW400884 RM 444904 A combination of onsite and offsite compensatory mitigation will be provided for the Project's permanent impacts to Matadero Creek. Onsite mitigation will be provided by constructing a 190 -square -foot (0.0044 acre) floodplain, extending along 35 linear feet of Creek bank (Att. A, Fig. 2a), revegetating disturbed surfaces, and planting mitigation trees (Att. A, Fig. 2c). Offsite mitigation will be provided at two locations: 1) preservation of 0.88 acre, extending along 816 linear feet, of the riparian corridor of the Creek (Att. A., Fig. 3) with a deed restriction; and 2) the enhancement of 1.96 acres of riparian habitat, extending along 848 linear feet of a tributary to Moody Creek (Att. A, Fig. 4). Table 1. Project Impacts and Mitigation Measures Impacts Linear Feet Acres ,Tem ora Im acts > 27 0:03 Mitigation by On -Site Revegetation ` 27 0.03 Permanent I.rn' actsh `} 93 0:07 Mitigation by On -Site Enhancement' 35 0.004 Mitigation by Off -Site Preservation 816 0.88 Mitigation by Off -Site Enhancement. 848 1.96 Onsite Enhancement Onsite mitigation includes the construction of a 190 -square -foot (0.004 acre) floodplain along 35 linear feet of Matadero Creek (Att. A, Fig. 2a). During Project construction, the northern bank of the Creek will be laid back and a 35 -foot -long by 5 -foot -wide floodplain will be graded into the bank slope at the two-year water surface elevation. A native seed mix will be applied to the created floodplain and the 0.03 acre of temporarily disturbed surfaces. The seed mix will include a variety of native fortis and graminoids that are common in riparian areas. Depending upon availability at the time of construction, the seed mix may include beardless wild rye (Elymus triticoides), tall flatsedge (Cyperus eragrostis), mugwort (Artemisia douglasiana), and meadow barley (Hordeum brachyantherum). On-site revegetation will include planting of 43 willow stakes (Salix spp.) and 16 Northern California black walnut (Juglans hindsii) as 1 -gallon container stock along the disturbed banks of the Creek (Att. A, Fig. 2c). Willow stakes will be salvaged from existing willow stands. Plants will be installed immediately prior to the rainy season, within the same year as the Project's impacts to waters of the State. Offsite Enhancement Offsite mitigation includes the enhancement of 848 linear feet of a tributary to Moody Creek by installing riparian plantings over 1.96 acres of the riparian corridor. The offsite riparian enhancement area is located along an ephemeral tributary to Moody Creek that runs through the Byrne Reserve (Att. A, Fig. 4). The tributary to Moody Creek is a seasonal drainage located at the top of the local watershed. The watershed consists of approximately 24.6 acres, including 22.8 acres of park open space and 1.8 acres of Page 3 of 20 Water Quality Certification and Order Matadero Creek Bank Stabilization at Page Mill Road Project Place ID 815145 WDID# 2 CW400884 RM 444904 impervious surfaces (roadway and parking lot). Two trails cross the mitigation reach of the tributary in culverts that are currently, largely blocked by sediment. The Byrne Reserve is owned by the Permittee and deed restricted through The Nature Conservancy. The deed includes a clause that requires the property to be held in trust for park and open space purposes and only allows uses of the property that are consistent with these purposes. The Byrne Reserve is located between the upper extent of Altamont Road to the north and east and Moody Creek to the south and west. The Byrne Reserve consists of open space with public trails and horse grazing and is surrounded by low-density residential development. The offsite enhancement area consists primarily of annual grassland and coyote brush scrub. The annual grassland community is largely composed of non-native annual grass species and native and non- native forbs, including various bromes (Bromus sp.), barley (Hordeum sp.), oats (Avena sp.), hayfield tarweed (Hemitonia congesta), and black mustard (Brassica nigra). Coyote brush (Baccharis pilularis) is concentrated in patches along the tributary channel. The lower portion of the tributary channel contains patches of willows (Salix sp.) and saltmarsh baccharis (Baccharis glutinosa). The offsite riparian. enhancement includes planting willow stakes and native container stock and installing a horse exclusion fence around the plantings to protect them for the duration of the monitoring period. Twenty willow poles and 180 native upland plants will be installed along the creek corridor. The planting palette will consist of native California plant species collected onsite or from local sources in Santa Clara County. A list of potential plant species to be installed in the enhancement area is provided in Table 2. These species 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. The final planting palette will be based upon the availability of container stock. Field -fitting will be used to ensure appropriate numbers and placement of plantings. The upper half of the tributary is unlikely to support willows or other plant species with higher water requirements (e.g., rushes, mugwort), so these species will be concentrated in the lower half of the tributary. Page 4 of 20 Water Quality Certification and Order Matadero Creek Bank Stabilization at Page Mill Road Project Place ID 815145 WDID# 2 CW400884 RM 444904 Table 1. Offsite Riparian Enhancement Planting Palette Eleocharis macrostach, Juncus nhaeocenhalus Elymus triticoides Asclepias fascicularis Helenium puberulum Ranunculus californicus Sanicula crassicaulis Oemleria cerasiformis _ Scrophularia californica Symphoricarpos albus var. laevigatus Rosa gymnocarpa Solanum umbelliferum Heteromeles arbutifolia Cercocarpus betuloides Sisyrinchium bellum Achillea m llefolium Symphyotrichum chilense Solidago velutina ssp. californica Juncus xiphioides Artemisia douglasiana Rosa californica Ribes aureum Aesculus californica Sambucus nigra ssp. caerulea Ribes californicum Malacothamnus fasciculatus Melica californica Salix sp. Quercus lobata Rubus ursinus Baccharis pilule Spikerush Rush, Brown -headed Wild Rye, Creeping Milkweed, California Sneezeweed Buttercup Pacific Sanicula Osoberry Bee Plant, California Fi Snowberry Rose, Wood Blue Witch Toyon Mountain Mahogany Blue-eyed Grass Yarrow, Common Aster, California Goldenrod, California Rush, Iris -leaved Mugwort Rose, California Wild Golden Current Buckeye, California Elderberry, Blue Gooseberry, Canyon, or Hillside Chaparral Mallow Grass, California Melic Willow Coast live oak Valley oak California blackberry Coyote brush Offsite Preservation Offsite mitigation includes the preservation of 0.88 acre of the riparian corridor of the Creek, extending over 816 linear feet of the Creek. The offsite preservation area is located along a reach of the Creek about 400 feet upstream of the Project site. The preservation area consists of Assessor Parcel Numbers 182-32-021 and 182-32-008 (Att. A, Fig. 3). The offsite preservation mitigation site will be preserved in perpetuity through a deed restriction (Att. B). Atascadero Creek converges with the Creek in the Page 5 of 20 Water Quality Certification and Order Place ID 815145 Matadero Creek Bank Stabilization at Page Mill Road Project WDID# 2 CW400884 RM 444904 middle of the preservation area. A double box culvert under Baled Ranch Road bisects one of the parcels at the northern end of the preservation area. This reach of the Creek is bordered by Page Mill Road to the west and a residential development to the east. An earthen trail runs between the residential development and the Creek. The plant community is typical of valley foothill riparian habitat. The overstory is dominated by willows (Salix sp.), California black walnut, coast live oak (Quercus agrifolia), valley oak (Quercus lobata), and California buckeye (Aesculus californica). The understory is dominated by non-native annual grasses and other native and non- native species such as blue elderberry (Sambucus nigra), Himalayan blackberry (Rubus armeniacus), California blackberry (Rubus ursinus), snowberry (Symphoricarpos albus), mugwort (Artemisia douglasiana), and poison oak (Toxicodendron diversilobum). Upstream of Page Mill Road, the Creek has a relatively shallow gradient and has not experienced the incision that has occurred downstream of Page Mill Road. It is likely that the Page Mill Road culvert and Baled Ranch Road culvert serve as grade control for this reach of the Creek. Performance Standards Performance standards include percent survival of plantings, percent cover of planted vegetation, maximum acceptable percent cover by invasive species, and indicators of geomorphic stability at the Project site and the offsite tributary to Moody Creek. Performance standards are presented in Tables 3 and 4. Performance standards are not necessary for the offsite preservation area since no work will be performed at this location. Page 6 of 20 Water Quality Certification and Order Matadero Creek Bank Stabilization at Page Mill Road Project Table 3. Onsite Performance Standards Place ID 815145 WDID# 2 CW400884 RM 444904 Table 4. Offsite Enhancement Performance Standards Target Year 10 Performance Standard Year 1 Year 3 Year 5 Year 8 (Success Criteria Minimum percent survival of planted 80% 80% 80% 80% 80% shrubs and trees Minimum percent of pre -Project absolute 40% 50% 60% 70% 80% cover in tree stratum Maximum absolute 10% 10% 10% 10% 10% cover invasive s eciesi 10% 10% 10% 10% 10% New or worsening evidence of erosion (e.g., headcuts, None None None None None knickpoints, and/or None None None None None erosional gullies and rillin . Table 4. Offsite Enhancement Performance Standards 1 Invasive plant species assigned a "high" ranking by the California Invasive Plant Council (Cal -IPC). Page 7 of 20 Target Year 10 Performance Standard Year 1 Year 3 Year 5 Year 8 (Success Criteria Minimum percent survival of planted 70% 70% 70% 70% 70% shrubs and trees Minimum absolute cover of woody 15% 20% 30% 40% 50% vegetation (vines, shrubs, trees Maximum absolute 10% 10% 10% 10% 10% cover invasive species New or worsening evidence of erosion (e.g., headcuts, None None None None None knickpoints, and/or erosional gullies and rillin 1 Invasive plant species assigned a "high" ranking by the California Invasive Plant Council (Cal -IPC). Page 7 of 20 Water Quality Certification and Order Place ID 815145 Matadero Creek Bank Stabilization at Page Mill Road Project WDID# 2 CW400884 RM 444904 If at any point during the initial 10=years of monitoring, performance criteria are not attained, potential causes of the non -attainment will be assessed, and remedial actions will be proposed in the monitoring report prepared for the year in which the non - attainment occurred. Remedial actions may include re -plantings of shrubs and trees and an extension of the monitoring period. If the channel is not geomorphically stable, remedial actions may include, but are not limited to, adjustment of rock riprap, installation of rock weirs, or additional plantings of deeply rooted vegetation. After proposed remedial actions are approved by the Water Board's Executive Officer, remedial actions will be implemented in the first dry season after receiving approval for physical modifications and in the first rainy season after receiving approval for supplemental vegetation plantings. 4. California EcoAtlas Regional, state, and national studies have determined that tracking of mitigation and restoration projects must be improved to better assess the performance of these projects, following monitoring periods that last several years. To effectively carry out the State's Wetlands Conservation Policy of no net loss to wetlands, the State needs to closely track both losses and successes of mitigation and restoration projects affecting wetlands and other waters of the State. The Water Board must also track project performance in Bay Area creeks subject to routine repair and maintenance activities, such as recurring instabilities. Therefore, we adopted the digital interactive mapping tool called EcoAtlas.2 EcoAtlas is a web -based tool that integrates maps, project plans, site conditions, restoration efforts, and other elements on a project -by -project basis based on data inputs. Accordingly, we require the Permittee to upload their Project information to EcoAtlas with the Project Tracker tool at https://ptrack.ecoatias.org. The California Wetlands Monitoring Workgroup developed EcoAtlas and maintains detailed instructions for Project Tracker on its website at https:Hptrack.ecoatlas.or /iq nstructions. 5. Environmental Quality Act (CEQA) Compliance The California Environmental Quality Act (CEQA) requires all discretionary projects approved by public agencies to be reviewed in compliance with CEQA. Acting as the CEQA lead agency, the Permittee prepared the Initial Study / Mitigated Negative Declaration for the Matadero Creek Restoration and Bank Stabilization Project (MND) (State Clearinghouse No. 2015102051), which reviewed the potential environmental impacts associated with the Project. The Permittee filed a Notice of Determination for the MND with the Santa Clara County Clerk on February 2, 2017. The Water Board, as a responsible agency under CEQA, has reviewed the Project's mitigation measures in the CEQA documents prepared by the City and has determined that the Project's impacts to waters of the State have been appropriately evaluated and that compliance with the CEQA mitigation measures and the mitigation activities described in the body of 2 Source: California Wetlands Monitoring Workgroup (CWMW), 2019. EcoAtlas. Accessed May 14, 2019. httos://www.ecoatlas.org. The California Wetland Monitoring Workgroup (CWMW) provides technical oversight on the development of content and functionality of EcoAtlas. As a member of CWMW, San Francisco Estuary Institute provides day-to-day support and management of EcoAtlas, and can be contacted by email at ptrackadmin@sfei.org. Page 8 of 20 Water Quality Certification and Order Matadero Creek Bank Stabilization at Page Mill Road Project Place ID 815145 WDID# 2 CW400884 RM 444904 this Certification will mitigate the Project's impacts to waters of the State to a less than significant level. 6. Conditions I, Eileen White, Executive Officer, do hereby issue this Order certifying that any discharge from the proposed Project will comply with the applicable provisions of sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other applicable requirements of State law. This discharge is also regulated 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," which requires compliance with all conditions of this Order, including the following: 6.1 Regulatory Compliance and Work Windows 1. Design Conformance. The Project shall be constructed in conformance with the Project description provided in the Application, the body of this Certification, and Att. A to this Certification. Any changes to designs provided in the Application must be submitted to the Water Board and receive Executive Officer approval before the changes may be implemented; Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions and to ensure that the proposed work and final restoration work has been conducted in accordance with the permit and all applicable conditions. (California Water Code (CWC) Section 13264). 2. Corps Compliance. The Permittee shall adhere to the conditions of the NWPs issued by the Corps (Corps File No. 2015-00190S); 3. CDFW Compliance. The Permittee shall adhere to the conditions of the Lake and Streambed Alteration Agreement issued by the California Department of Fish and Wildlife (CDFW) (EPIMS No. 2015-00190S); Rationale: Condition 2 and 3 are required pursuant to California Code of Regulations (CCR) Title 23, section 3856(e), which requires that copies be provided to the Water Boards of "any final and signed federal, state, and local licenses, permits, and agreements (or copies of the draft documents, if not finalized) that will be required for any construction, operation, maintenance, or other actions associated with the activity." 4. Work Window. Construction in waters of the State is restricted to the April 15 to October 31 dry season. The work window may be extended in increments of no more than five days with the approval of the Water Board. Requests for an extension must be accompanied by a weather Page 9 of 20 Water Quality Certification and Order Matadero Creek Bank Stabilization at Page Mill Road Project Place ID 815145 WDID# 2 CW400884 RM 444904 forecast that predicts no chance of precipitation in the following five days. Extensions may be granted to complete work in progress. No work may start after October 31; 5. Worker Educational Awareness Program►. Prior to Project commencement, a Worker Environmental Awareness Program (WEAP) shall be implemented to educate all construction personnel of the area's environmental concerns and conditions, including special -status and listed species, site contamination prevention, and other relevant environmental concerns and appropriate work practices, including spill prevention, emergency response measures, protection of special -status resources, and proper implementation of best management practices (BMPs), to all construction and maintenance personnel. Any new workers who arrive after construction has started shall be trained under the WEAP within two days of starting work at the Project site; 6. Precigitation and Construction Plannin_g. Precipitation forecasts shall be considered when planning construction activities. The Permittee shall monitor the 72 -hour forecast from the National Weather Service at https://www.weather.gov. When there is a forecast of more than 40% chance of rain, or at the onset of unanticipated precipitation, the Permittee shall remove all equipment from the shoreline area and shall implement erosion and sediment control measures (see Condition 6), and all Project activities shall cease, and can resume once precipitation has stopped for a 12 -hour period, and there is not a 40% chance of rain in the next 72 hours; Rationale: Conditions 4, 5, and 6 are necessary to ensure avoidance and minimization of impacts to waters of the State and associated Beneficial Uses from construction activities (CWC Section 13369(b)(1)(B) and (C); Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan) Section 4.19). 6.2 General Construction 7. Discharge Prohibition. No unauthorized construction -related materials or wastes (e.g., debris, soil, silt, excessive bark, rubbish, creosote -treated wood, raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could be Hazardous to aquatic life) shall be allowed to enter into or be placed where they may be washed by rainfall or runoff into waters of the State. When construction is completed, any excess material shall be removed from the work area and any areas adjacent to the work area where such material may be discharged to waters of the State. The Permittee shall implement the following requirements; a. Prior to the start of the rainy season, the Applicant shall ensure that disturbed areas of waters of the State and disturbed areas that drain to waters of the State are protected with correctly -installed and - Page 10 of 20 Water Quality Certification and Order Matadero Creek Bank Stabilization at Page Mill Road Project Place ID 815145 WDID# 2 CW400884 RM 444904 maintained erosion control measures (e.g., jute, straw, coconut fiber erosion control fabric, coir logs, etc.), and/or revegetated with propagules (seeds, cuttings, divisions) of locally collected native plants. Erosion control textiles that include plastic monofilament netting are prohibited from use at the Project Site or at the Mitigation Site; b. Where areas of bare soil are exposed during the rainy season, appropriate erosion and sediment control measures shall be used where sediment and/or earthen fill threaten to enter waters of the State, consistent with the requirements. Sediment control structures shall be monitored for effectiveness and shall be repaired or replaced as needed. Buildup of soil behind silt fences shall be removed promptly and any breaches or undermined areas repaired at once; 8. Lguipment Cleaning and Maintenance. Prior to use, all equipment must be cleaned to remove external oil, grease, dirt, or mud. Wash sites must be located in upland locations so that wash water does not flow into waters of the State. Project personnel shall remove mud, snails, algae, and other debris from mets, traps, boots, vehicle tires, and all other surfaces; 9. Equipment Maintenance Prohibition. No fueling, cleaning, or maintenance of vehicles or equipment shall take place within waters of the State, or within any areas where an accidental discharge to waters of the State may occur; and construction materials and heavy equipment must be stored outside of the active flow of the creek or other waters of the State; 10. Impacts to Beneficial Uses. All work performed within waters of the State shall be completed in a manner that minimizes impacts to beneficial uses and habitat; measures shall be employed to minimize disturbances along waters of the State that will adversely impact the water quality of waters of the State. Disturbance or removal of vegetation shall not exceed the minimum necessary to complete the Project; Rationale: Conditions 7 through 10 are necessary to ensure avoidance and minimization of impacts to waters of the State from construction activities (CWC section 13376 et seq.), These conditions are also necessary to minimize adverse impacts to water quality from construction activities to the maximum extent practicable (State Board Resolution No. 68-16; 40 CFR Part 131.12 (a)(1); CWC section 13369; Basin Plan Section 2.1.14), to ensure that Project implementation does not impact water quality in ways that impair the designated beneficial uses of waters of the State (Basin Plan Chs. 3 and 4), to ensure minimization of impacts to waters of the State, and to ensure successful restoration of all temporary impacts authorized (State Board Resolution No. 68-16, 40 CFR Part 131.12 (a)(1); CWC sections 13264 and 13369; Basin Plan Chs, 3 and 4). Page 11 of 20 Water Quality Certification and Order Place ID 815145 Matadero Creek Bank Stabilization at Page Mill Road Project WDID# 2 CW400884 RM 444904 6.3 Pre -Construction Reporting and Other Requirements 11. EcoAtlas. The Permittee shall input'Project information to EcoAtlas within 14 days from the date of this Order. The Project information shall be added to the Project Tracker tool in EcoAtlas online at https:Hptrack.ecoatias.org. Instructions for adding information to EcoAtlas are available at https:Hptrack.ecoatias.org/instructions, or by contacting the San Francisco Estuary Institute by email at ptrackadmin@sfei.org, or the Water Board case manager listed on the cover page of this Order. The Executive Officer may grant an extension to the 14 -day deadline if the Permittee submits a_request in writing to the Water Board case manager listed on the cover page of this Order. The extension request may be submitted via electronic mail. If any changes to the project occur pursuant to Condition 19, the Permittee shall revise EcoAtlas information for the Project, accordingly. In cases when EcoAtlas must be revised, the Permittee shall meet the same schedule and notification requirements required for the initial EcoAtlas information; Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions (CWC section 13267). 12. Commencement of Construction. The Permittee shall submit a Start of Construction Report at least seven days prior to start of initial ground disturbance activities. The Report shall reference SOC 400884 Matadero Creek Bank Stabilization and shall be sent via email to RB2-401 Reports@waterboards.ca.gov, or by mail to the attention of 401 Certifications Reports (see address on the letterhead); Rationale: This condition is necessary to assist in scheduling compliance inspections to ensure compliance with the permit and applicable conditions (CWC section 13267). 13. Photo -Documentation Points. Prior to the start of construction, the Permittee shall establish a minimum of four permanent photo- documentation points at the Project site and sixteen photo -documentation points at the offsite enhancement area. Permanent photo -documentation points shall be located to document the onsite constructed floodplain bench and rock chute in Matadero Creek, eroding portions of the offsite tributary to Moody Creek, and the progress of vegetation plantings at both sites. Photo -documentation point coordinates and direction of view shall be recorded to ensure photographs will be taken from the same location during each monitoring visit. Photographs shall be taken from the permanent stations prior to project implementation, following implementation, and during each subsequent monitoring visit. The Permittee shall prepare site maps with the photo -documentation points clearly marked. Pre -construction and post -construction photographs from each of the required photo -documentation points shall be submitted, along Page 12 of 20 Water Quality Certification and Order Matadero Creek Bank Stabilization at Page Mill Road Project Place ID 815145 WDID# 2 CW400884 RM 444904 with the as -built reports for the onsite and offsite mitigation projects (See Condition 14); Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions and to ensure that the proposed work and restoration work has been conducted.in accordance with the permit and all applicable conditions (CWC section 13267). 6.4 Active Construction and Post -Construction Reporting Requirements 14. As -Built Report Not later .than 60 days after completing Project activities that impact waters of the State, the Permittee shall submit an as -built report to the Water Board. The report shall include a description of the areas of actual disturbance during Project construction and the photographs and map specified in Condition 13. The as -built report shall include the 100 percent construction plans, marked with the contractor's field notes, that clearly depict any deviations from the design sheets that were made during construction. The as -built report shall provide a written explanation of the need for any deviations from the approved Project plans. As -Built Reports shall be submitted via email to RB2- 401 Repo rts@waterboards.ca.gov, or by mail to the attention of 401 Certifications Reports (see address on the letterhead) and reference As - Built 400884 Matadero Creek Bank Stabilization in the subject line when sent electronically or in the cover letter for hard copy submissions; Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions and to ensure that the proposed work and restoration work has been conducted in accordance with the permit and all applicable conditions (CWC section 13267). 15. Proiect Construction Completion Report. No later than 30 days after completing Project construction activities, the Permittee shall submit, acceptable to the Executive Officer, a Notice of Project Construction Completion. The Notice shall include the date Project construction activities (defined as construction of both the Project and any compensatory mitigation) were completed and reference NOC_400884_Matadero Creek Bank Stabilization. The Notice shall be sent via email to RB2-401 Repo rts&waterboards.ca.gov, or by mail to the attention of 401 Certifications Reports (see address on the letterhead); Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions and to ensure that the proposed work and restoration work has been conducted in accordance with the permit and all applicable conditions (CWC section 13267). Page 13 of 20 Water Quality Certification and Order Place ID 815145 Matadero Creek Bank Stabilization at Page Mill Road Project WDID# 2 CW400884 RM 444904 6.5 Mitigation Requirements 16.1mi2lementation and Documentation of Mitigation. ion• The Permittee shall implement the mitigation measures described in the Mitigation and Monitoring Plan, Matadero Creek Restoration and Bank Stabilization Project, Los Altos Hills, Santa Clara County, California (MMP) (Johnson Marigot Consulting, LLC, January 2023), including construction of the onsite mitigation floodplain, vegetation of disturbed onsite soils, planting of onsite mitigation trees, vegetation of the offsite riparian enhancement site, and installing a horse exclusion fence around the offsite riparian enhancement. Mitigation measures shall be implemented no later than one year after the first Project impacts to waters of the State. Documentation of the completion of the required mitigation measures shall be included in the Project's As -Built Report (See Condition 14), including pre and post -construction photographs from the photo -documentation points required in Condition 13. Survival of grasses and shrubs shall be monitored for at least five years. Monitoring of channel stability and riparian tree survival shall continue for at least 10 years. Monitoring shall continue until the Year 10 success criteria in Tables 4 and 5 in the body of this Certification (MMP Tables 4 and 5) are attained for the onsite and offsite mitigation measures. Success of the mitigation program shall be determined by the Executive Officer; 17. Monitoring Vegetation at Mitigation Sites. Monitoring of seeded vegetation percent cover, invasive vegetation3 percent cover, percent cover by trees, and vegetation survival shall be implemented as described in MMP Section 10.1. Vegetation at the onsite and offsite mitigation sites shall be maintained as described in MMP Section 8. Only plants that have survived for two years without irrigation may be used to demonstrate compliance with the Year 10 vegetation success criteria. If Year 10 success criteria are not achieved, dead plants must be replaced in kind, unless the Permittee demonstrates that the site is not conducive to survival of a plant species, in which case alternate native wetland or riparian plant species may be used, upon obtaining the approval of the Executive Officer. Replacement plantings must be made within one year of survival rates failing to meet the specified performance criteria. Replacement shrubs and forbs shall be monitored for five years from the date of replanting, and replacement trees shall be monitored for 10 years from the date of replanting. Replacementplants are subject to the same performance criterion as the initial plantings; 18. Monitoring Channel Stability at Mitigation Sites Monitoring reports for the onsite and offsite mitigation sites shall include an evaluation of channel geomorphology that includes an assessment of the stability of the 3 Invasive plant species assigned a "high" ranking by the California Invasive Plant Council (Cal -IPC). Page 14 of 20 Water Quality Certification and Order Matadero Creek Bank Stabilization at Page Mill Road Project Place ID 815145 WDID# 2 CW400884 RM 444904 channel banks, an assessment of any scour visible on the channel banks, an assessment of the channel thalwegs for any signs of head cuts or knickpoints, and an assessment of any accumulation of sediment in the channels. At the Project site, the constructed rock riprap chute and the constructed floodplain shall also be assessed for stability. The stability of the Project sites shall be assessed as described in MMP Section 10.3. If erosion is observed, erosion control actions shall be taken as necessary, such as stabilizing bare ground with sterile straw mulch, reseeding, planting with deep rooted vegetation, adjustment of the rock riprap chute, construction of rock weirs, or other appropriate measures. The final monitoring report shall summarize: the stability of the channel thalweg and channel banks in the onsite and offsite channels; and the stability of the onsite rock riprap chute. If channels are eroding, the Permittee shall coordinate with the Water Board to evaluate potential sources of the instability and propose remedial actions. If deemed necessary by the Water Board, remedial actions shall be implemented and funded by the Permittee; 19. Monitoring of Invasive Species at Mitigation Sites The onsite and offsite mitigation features shall be surveyed for non-native plant species that are rated as "High" by the California Invasive Plant Council (http://www.cal-ipc.org/paf/), and these species shall be controlled. Weed control activities may include mowing, cutting, hand -removal, and/or herbicide application. Trash and other undesirable debris shall be removed from the mitigation features at least twice per year throughout the initial monitoring period. Weed control and debris management, including the names and quantities of any herbicides used at the Project site, shall be summarized in the monitoring report for that year (See Condition 20); 20. Monitoring Reports Monitoring reports shall be submitted to the Water Board by January 31 following years 1, 2, 3, 4, 5, 6, 8, and 10 after construction and planting of the onsite and offsite mitigation features. The reports shall include information on the survival and overall condition of existing vegetation, plantings, or naturally recruited vegetation in the mitigation features, as well as the stability of the mitigation features. Reports shall summarize each year's monitoring results (See Conditions 17, 18, and 19), including the need for any remedial actions (e.g. re- planting, bank stabilization, rock riprap chute stabilization, or channel stabilization at the offsite riparian enhancement site), and including all information specified in MMP Section 10.5. Reports shall describe any maintenance activities performed in the prior year, including, but not limited to, any removal of debris from the mitigation features, any stabilization measures implemented in the channels, management of invasive plant species, and replanting or reseeding of vegetation. The reports shall compare data to previous years and detail progress towards Page 15 of 20 Water Quality Certification and Order Matadero Creek Bank Stabilization at Page Mill Road Project Place ID 815145 WDID# 2 CW400884 RM 444904 meeting Year 10 success criteria in MMP Tables 4 and 5 (Tables 3 and 4 in the body of this Certification). At the end of Year 10, a comprehensive final report shall be prepared that includes summaries of the monitoring data, representative photos, and maps. Monitoring reports and the comprehensive final report shall include photographs from the photo- documentation points specified in Condition 13. The final report shall document if the onsite mitigation site and offsite mitigation site have attained the Year 10 success criteria. If a performance criterion is not met in any of the monitoring years, or if Year 10 success criteria are not met, the Permittee shall work with the Water Board to prepare an analysis of the cause of the failure. If deemed necessary by the Executive Officer, remedial actions shall be implemented, including extension of the monitoring period until the Year 10 success criteria are met. Success of restoration shall be determined by the Executive Officer. Annual Monitoring Reports shall be submitted via email to RB2- 401 Reports@waterboards.ca.gov, or by mail to the attention of 401 Certifications Reports (see address on the letterhead) and reference AMR _400884 Matadero Creek Bank Stabilization in the subject line when sent electronically or in the cover letter for hard copy submissions; 21. Deed Restriction for the Onsite Preserved Wetland and Mitigation Swale The Permittee shall record a Deed Restriction over the preserved offsite riparian mitigation at Assessor Parcel Numbers 182-32-021 and 182-32-008 (Aft. A, Fig. 3). The Deed Restriction shall limit land uses and management of the offsite riparian preservation mitigation parcels to ensure protection of biotic resources. Aft. B contains acceptable text for this Deed Restriction. No later than 60 days after the issuance of this Certification, the Permittee shall record the deed restriction that covers Assessor Parcel Numbers 182-32-021 and 182-32-008. No later than 30 days prior to filing the final Deed Restriction with Santa Clara County, the Permittee shall submit a copy of the final Deed Restriction, which must be consistent with the draft language included in Aft. B, to the Executive Officer for review and approval; Rationale; Conditions 16 through 21 are necessary to ensure avoidance and minimization of impacts to waters of the State, as well as ensure successful compensatory mitigation and replacement of the functions of the aquatic environment that would be lost as a result from the construction of the proposed project (23 CCR 23 section 3013 and section 3861(d), Dredge or Fill Procedures section IV. A. 2(d) & B.4. CWC Section 13267; 33 CFR Parts 332.4(a)(C)(4) and 332.6(x)(1)). 6.6 Administrative and General Compliance 22. Site Access. The Permittee shall grant Water Board staff or an authorized representative, upon presentation of credentials and other documents as may be required bylaw, permission to: (1) enter upon the Project site or compensatory mitigation site(s) where a regulated facility or activity is Page 16 of 20 Water Quality Certification and Order Matadero Creek Bank Stabilization at Page Mill Road Project Place ID 815145 WDID# 2 CW400884 RM 444904 located or conducted, or where records are kept; (2) have access to and copy any records that are kept and are relevant to the Project or the requirements of this Order; (3) inspect any facilities, equipment, practices, or operations regulated or required under this Order; and (4) sample or monitor for the purposes of assuring Order compliance; Rationale: This condition is necessary to assist in scheduling compliance inspections and to ensure compliance with the permit and applicable conditions (CWC section 13267). 23. Certification and Order at Site. A copy of this Order shall be provided to any consultants, contractors, and subcontractors working on the Project. Copies of this Order shall remain at the Project site for the duration of this Order. The Permittee shall be responsible for work conducted by its consultants, contractors, and any subcontractors; Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions (CWC sections 13170 and 13245). 24. Ownership Change Notification. The Permittee shall provide a signed and dated notification to the Water Board of any change in ownership or interest in ownership of the Project area at least 10 days prior to the transfer of ownership. The purchaser shall also submit a written request to the Water Board to be named as the permittee in an amended order. Until this Order has been modified to name the purchaser as the permittee, the Permittee shall continue to be responsible for all requirements set forth in this Order; Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions (CWC section 13264). 25. Water Quality Violations Notification. The Permittee shall notify the Water Board of any event causing a violation of compliance with water quality standards as soon as practicable (ideally within 24 hours). Notification may be via telephone, email, delivered written notice, or other verifiable means. Rationale: This condition is necessary to minimize adverse impacts to water quality (CWC sections 13385 and 13267). 26. Discharge Change Notification. In accordance with CWC section 13260, the Permittee shall file with the Water Board a report of any material change or proposed change in the ownership, character, location, or quantity of this waste discharge. Any proposed material change in operation shall be reported to the Executive Officer at least 30 days in advance of the proposed implementation of any change. This shall Page 17 of 20 Water Quality Certification and Order Matadero Creek Bank Stabilization at Page Mill Road Project Place ID 815145 WDID# 2 CW400884 RM 444904 include, but not be limited to, all significant new soil disturbances, all proposed expansions of development, or any change in drainage characteristics at the Project site. For the purpose of this Order, this includes any proposed change in the boundaries of the area of wetland/waters of the State to be impacted; Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions (CWC section 13264). 27. Individual Waste Discharge Requirements. Should new information come to our attention that indicates a water quality problem with this Project, the Water Board may issue Waste Discharge Requirements pursuant to 23 CCR section 3857; 28. Expiration. This Order shall continue to have full force and effect regardless of the expiration or revocation of any federal license or permit issued for the Project; 6.7 Standard Conditions 29. Certification and Order Modification. This Order is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to CWC section 13330 and 23 CCR section 3867; 30. Hydroelectric Facilities. This Order does not apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license, unless the pertinent certification application was filed pursuant to 23 CCR subsection 3855(b) and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought; 31.Application Fee. This Certification and Order is conditioned upon full payment of the required fee, including annual fees, as set forth in 23 CCR section 3833. The Project's [$2,066 required fee was calculated from the Project's status as a Category A — Fill & Excavation Discharges Project, with an impact area of 0.099 acres in the 2020/2021 Water Quality Certification Dredge and Fill Application Fee Calculator, which was the appropriate Dredge and Fill Calculator on the date the application was received. The Water Board received payment in full on September 9, 2021. 6.8 Annual Fees 32. Annual Fee Invoice. In accordance with 23 CCR section 2200, the Permittee shall pay an annual fee to the Water Board each fiscal year (July 1 — June 30) until Project construction activities are completed and Page 18 of 20 Water Quality Certification and Order Matadero Creek Bank Stabilization at Page Mill Road Project Place ID 815145 WDID# 2 CW400884 RM 444904 an acceptable Notice of Project Construction Completion is received by the Water Board (See Condition 15). In addition, an annual fee shall be paid to the Water Board until all required monitoring reports have been submitted (See Condition 20) and an acceptable Notice of Mitigation Monitoring Completion is received by the Water Board. Annual fees will be automatically invoiced to the Permittee. The Permittee must notify the Water Board at Project and/or mitigation completion with a final report to request to terminate annual invoicing. Notification shall reference NOT_400884_Matadero Creek Bank Stabilization and should be sent to the staff listed at the bottom of this Order and to RB2- 401 Reports@waterboards.ca.gov. Water Board staff will verify conditions of the Certification have been met and may request a site visit at that time to confirm the Project's status and compliance with this Certification (Note: The Annual Fee may be changed by the State Water Board; at the time of Certification it was $2,297 per year). Rationale: Conditions 29 through 31 are standard conditions that "shall be included as conditions of all water quality certification actions" (23 CCR Section 3860(a)). In addition to the information noted above, Conditions 1-10 and 16-21 are individually required to ensure compliance with narrative water quality objectives in the Basin Plan, the state anti -degradation policy (State Water Board Resolution No. 68-16), the California Wetlands Conservation Policy (Executive Order W-59-93, Basin Plan Chs. 4 and 5), and Regional Water Board policies for the protection of wetlands and waters (Basin Plan Ch. 4, including Ch. 4.23). The conditions above are individually authorized as noted above and by 23 CCR Sections 3838 and 3859 and CWC Div. 7, Ch. 4, Article 4, Waste Discharge Requirements. This Order applies to the Project as proposed in the application materials and designs referenced above in the conditions of Certification. Be advised that failure to implement the Project in conformance with this Order is a violation of this Certification. Any violation of Certification conditions is a violation of State law and subject to administrative civil liability pursuant to CWC section 13350. Failure to meet any condition of this Certification may subject the Permittee to civil liability imposed by the Water Board to a maximum of $10,000 per day of violation or $10 for each gallon of waste discharged in violation of this action. Any requirement for a report made as a condition to this Certification (e.g., conditions 11, 12, 14, 15, 20, 21, 24, 25, 26, and 32) is a formal requirement pursuant to CWC section 13267, and failure or refusal to provide, or falsification of such required report, is subject to civil liability as described in CWC section 13268. The burden, including costs, of these reports bears a reasonable relationship to the need for the report and the benefits to be obtained. Should new information come to our attention that indicates a water quality problem with this Project, the Water Board may issue Waste Discharge Requirements. Page 19 of 20 Water Quality Certification and Order Place ID 815145 Matadero Creek Bank Stabilization at Page Mill Road Project WDID# 2 CW400884 RM 444904 If you have any questions concerning this Order, please contact Brian wines of my staff at (510) 622-2516 or Brian.winesaQwaterbogagrpdqsg.&g.gov. All future correspondence regarding this Project should reference the RM indicated at the top of this letter. Sincerely, Digitally signed by tCe'th i hten, Manager 3.02.09 -08'001 for Eileen White Executive Officer Attachments A: Project Figures and Selected Design Sheets B: Draft Deed Restriction for Offsite Preserved Mitigation Feature Cc: SWRCB, DWQ, stateboar d401 CcDwaterboards.ca. ov Water Board, Victor Aellon, yictor.aelioLnoa watepb—oards.ca.cLo—y U.S. EPA, Region IX, Certification Inbox, Bpcwa401@e qov Jennifer Slu, sLlu.jennifer a.qpy Corps, SF Regulatory Branch: Katerina Galacatos, katerina.�ialacatosj@ugac_e.arniy._D] ILI Jennifer Stabile,,iennifer.i.statiLe@usa.ce.aLMy.mil CDFW, Kristin Garrison, kristin. ,qprrison(@wild1Iifp.9q. v, jgo Town of Los Altos Hills: Daniel Liang, diig 0c-IosaIto,shilI%_ca.qov Melissa Ellan-Carrillo, fflmeliars -carrijig ,losaltoshills.ca.c ov Engeo, Jonathan Buck, ]bucknwengeo.com Johnson Marigot, Naomi Schowalter, naomi.s(,.howalteroqjohnson-mariggt.com Page 20 of 20 MMp Page 111 4.0 Site Protection Instrument The State Procedures require a description of the legal arrangements and instrument, including site ownership, that will be used to ensure the long-term protection of the compensatory mitigation project site. Site protection is described for each of the mitigation sites below. 4.1 On -Site Creation The on-site property is currently owned fee title by the California Department of Transportation (Caltrans), and the applicant maintains the property under agreement with Caltrans. The applicant met with Caltrans to discuss whether it was possible for them to restrict use of their property with a conservation easement or deed restriction to preserve aquatic resource values, and Caltrans determined that it was not possible to restrict their property for this purpose. However, Caltrans stated that they have no plans to use the property as part of any future improvements associated with the Page Mill Road I-280 interchange, and it is assumed that any improvements made to this property would be permanently maintained by the applicant. Furthermore, as the site constitutes a water of the U.S./State and a CDFW-jurisdictional stream, any impacts to the resource would trigger additional permitting and mitigation requirements. 4.2 Off -Site Enhancement The off-site enhancement area is located on the Byrne Reserve which is owned by the applicant and deed restricted through The Nature Conservancy (Appendix C). The Nature Conservancy sold the Byrne Reserve to the applicant in 1968. The deed includes a clause (Exhibit B) that requires the property to be held intrust for park and open space purposes and only allows for uses of the property that are consistent with these purposes. 4.3 Off -Site Preservation The off-site preservation mitigation area is owned by the applicant, and they are proposing to place deed restrictions over the two parcels to ensure their preservation as open space. The applicant will work with the RWQCB and CDFW to finalize the text of the deed restrictions prior to initiating construction. The deed restrictions will include provisions to ensure that the parcels are preserved in perpetuity for riparian and stream habitat values and will prohibit activities that are inconsistent with maintaining these habitat values. Should the property owner(s) wish to terminate the deed restrictions or modify the deed restrictions in any way that would compromise habitat values, an agreement would first have to reached with the regulatory agencies for the provision of alternate mitigation. 6 Matadero Creek Restoration and Bank Stabilization Johnson Marigot Consulting, LLC Mitigation and Monitoring Plan January 2023