BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☒ No ☐
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT:
Title
Authorize the Chief Executive Officer to Negotiate and Execute an Agreement Between Trout Unlimited and Valley Water, for Funding and Permitting Project Implementation on Little Arthur Creek for the Stream Maintenance Program Mitigation Credit, Instream Habitat Complexity Project, Project No. 62181006, for a Not-to-Exceed Amount of $827,036.
End
RECOMMENDATION:
Recommendation
Authorize the Chief Executive Officer to Negotiate and Execute an Agreement Between Trout Unlimited and Valley Water, for Funding and Permitting Project Implementation on Little Arthur Creek for the Stream Maintenance Program Mitigation Credit, for a Not-to-Exceed Amount of $827,036.
Body
SUMMARY:
Background
Valley Water staff is currently in the process of developing the third iteration of the Stream Maintenance Program (SMP-3). Valley Water’s SMP has been the primary mechanism for permitting maintenance work in Valley Water’s watersheds facilities since 2002. SMP covers vegetation management, sediment removal, bank repair, animal conflict management, downed tree management, and minor maintenance activities. SMP-3 will permit routine stream maintenance activities from 2027 through 2036.
SMP activities may require compensatory mitigation to offset environmental impacts of stream maintenance work. Valley Water staff favors mitigation strategies that focus on larger scale multi-benefit holistic mitigation projects with a preference for projects that can provide mitigation for multiple types of impacts and projects that can provide permanent mitigation. This strategy will provide the highest possible ecological benefit and simplify the administration and management of SMP mitigation, which results in long-term fiscal savings.
Certain streams managed by Valley Water host populations of federally threatened salmonids. Multiple regulatory and stakeholder agencies have jurisdiction related to these fish populations. Among the types of mitigation that are required for SMP-3 include mitigation for impacts to salmonid habitat features.
To satisfy salmonid mitigation needs for SMP-3 activities in the Pajaro watershed, Valley Water staff has been exploring the Little Arthur Creek Dam removal project (also known as Pickell’s Dam).
Little Arthur Creek (Pickell’s) Dam Removal Project Description
Little Arthur Creek, a tributary of Uvas Creek in the Pajaro watershed, is approximately 6.1 miles long and drains approximately 9.5 square miles of Santa Clara County. Little Arthur Creek is considered a high-quality salmonid stream. Pickell’s Dam is a nonfunctional dam on Little Arthur Creek that was constructed for irrigation and recreation purposes over a century ago approximately a mile upstream of the confluence with Uvas Creek. Construction year of this dam is unknown, though it is documented to predate the 1924 California Water Code. This dam impedes migration of all steelhead life stages to and from several miles of high-quality spawning habitat in the upper watershed. The dam also blocks natural system processes required for stream functions and values. CDFW Passage Assessment Database considers the structure a Total Barrier. Full removal of the dam and associated fish ladder is a priority for recovery of steelhead in Little Arthur Creek.
The land on which Pickell’s Dam is located is privately owned. NMFS, CDFW, and Trout Unlimited have been actively engaged with the landowner regarding the removal of the dam. The landowner agrees that the removal of this dam would be an improvement for steelhead habitat. Trout Unlimited is completing project designs with grant funding from CDFW with no cost to Valley Water. The removal of the dam is also fully supported and desired by the Amah Mutsun Tribe. The project includes demolition of the dam structure and construction of a footbridge.
As part of the SMP-3 mitigation package, Valley Water would manage final permitting of the project and fund the project under a non-consultant agreement with Trout Unlimited. If the project is included in the SMP-3 mitigation package, Valley Water staff would apply multiple types of mitigation credit reflecting the multiple ecological benefits. The project clearly offers a high benefit to steelhead; therefore, Valley Water staff will propose the project generates mitigation credit to compensate for impacts that occur in the Pajaro watershed to salmonid habitat features. The scale of mitigation would be proposed as adequate to cover all SMP3 projected impacts to salmonid habitat features in the Pajaro watershed. Because the project would also result in permanent benefit to the ecological function of Little Arthur Creek, Valley Water staff also proposes that the project generates mitigation for impacts to Waters of the US and Waters of the State in the form of new permanently mitigated areas (PMA) for sediment removal and instream vegetation removal. PMAs are defined reaches of streams which have been mitigated in perpetuity for specific stream maintenance activities.
Valley Water staff has been in discussion with regulatory agency staff regarding the potential for the project as mitigation for SMP-3 activities. Regulators are very supportive of this project and have expressed an openness to negotiation of this as part of the SMP-3 mitigation package. Based on initial discussion with regulatory staff, Valley Water staff are confident that the project could function as mitigation for SMP-3 impacts to salmonid habitat features and also generate new PMA. The project would likely occur during the instream work season of either 2024 or 2025. Being able to implement this project on that timescale would mean that the mitigation is complete well before the beginning of the SMP-3 program term. This would avoid any potential for increasing mitigation due to temporal loss and would build trust with regulators and stakeholders during the permitting phase of SMP-3.
ENVIRONMENTAL JUSTICE IMPACT:
There are no Environmental Justice Impacts associated with this action. Environmental Justice Impacts associated with Stream Maintenance Program will be evaluated and be included in a future update to the Board.
FINANCIAL IMPACT:
The Agreement with Trout Unlimited for Non-Consultant Services for the Little Arthur’s Creek Dam Removal project has a not-to-exceed amount of $827,113. The Instream Habitat Complexity Project, Project Number 62181006, is included in the FY 2023-24 Adopted Budget.
|
Table 1 COST BREAKDOWN |
|
Task |
Description |
Not-to-Exceed Fees |
|
1 |
Project Management (Trout Unlimited) |
$ 79,241 |
|
2 |
General Operating Expenses (Travel, office supplies) |
$ 1,800 |
|
3 |
Construction Engineering Services |
$ 30,000 |
|
4 |
Dewater, fish relocation, biological surveys |
$ 30,000 |
|
5 |
Construction (Dam demolition and footbridge) |
$ 533,850 |
|
6 |
Cultural Resources monitoring |
$ 20,000 |
|
7 |
Indirect Charges (13.84%) |
$ 24,375 |
|
8 |
Equipment (Turbidity Meter) |
$ 1,000 |
|
9 |
Contingency (*20% on construction) |
$ 106,770 |
|
Total Not-to-Exceed Fees |
$ 827,036 |
CEQA:
The recommended action to Authorize the Chief Executive Officer to Negotiate and Execute (Proposed) Non-Consulting Agreement with Trout Unlimited for Funding and Permitting Project does not constitute a project under the California Environmental Quality Act (CEQA) because it does not have the potential to result in direct or reasonably foreseeable indirect physical change in the environment.
Implementation of the project under the proposed Agreement will be contingent on the results of future CEQA analysis and review. The draft agreement further holds that a condition precedent to funding is all requirements under CEQA being satisfied. The project likely will qualify for a Categorical Exemption under Section 15333 - Small Habitat Restoration Project.
ATTACHMENTS:
Attachment A: Gov. Code § 84308
Attachment 1: Draft Agreement
Attachment 2: Project Description and Alternative Analysis
Attachment 3: Map
UNCLASSIFIED MANAGER:
Manager
Jennifer Codianne, 408-630-3876