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Stream Maintenance Program

DRAFT STREAM MAINTENANCE PROGRAM


Chapter 1
INTRODUCTION

This chapter describes the objectives and applicability of the Santa Clara Valley Water District's (District) Stream Maintenance Program (Program). As a foundation for understanding the resource protection and maintenance issues discussed in this report, this chapter also defines routine stream maintenance and briefly describes the District's facilities where stream maintenance is required. In conclusion, this chapter provides a summary of related programmatic documentation that is required for implementation of the Stream Maintenance Program and the organization of subsequent chapters.

A. PROGRAM PURPOSE AND OBJECTIVES

The Stream Maintenance Program is designed to provide long-term guidance to the District to implement routine stream and canal maintenance projects in order to meet the District's flood protection and water supply mandates in a feasible, cost-effective, and environmentally-sensitive manner. This authority is provided by the District Act, as amended. The main goals of preparing the Stream Maintenance Program are to maintain streams and canals to meet their original design to provide flood protection and water supply, coordinate the various aspects of routine stream maintenance to better achieve this goal, and assist in obtaining multiyear permits. The Stream Maintenance Program only applies to District facilities.

The objectives of the Stream Maintenance Program are as follows:

1. Standardize practices and protocols for routine sediment removal, vegetation management, and bank protection in and around the streams and related facilities within the District's jurisdiction.

2. Identify cost-effective routine stream maintenance practices and protocols.

3. Ensure routine stream maintenance activities reflect the District's policies of environmental protection and stewardship.

4. To the extent practical, avoid or minimize adverse environmental effects and encourage preservation and restoration.

5. Establish effective and economically-practical compensatory mitigation for environmental impacts from routine stream maintenance activities.

6. Establish practices and protocols that optimize operational flexibility and allow the integration of lessons learned and improvements in Best Management Practices.

The Stream Maintenance Program will be used by District staff to ensure that routine stream maintenance practices are conducted in an efficient, consistent, and environmentally-sensitive manner.

B. APPLICABILITY AND USE OF THE STREAM MAINTENANCE PROGRAM

The Stream Maintenance Program applies to all of the District's routine stream maintenance activities, including three major types of activities: sediment removal, vegetation management, and bank protection. Many of these activities are undertaken to ensure flood conveyance capacity is maintained in existing streams. In addition, routine maintenance includes vegetation removal in and around the streams and canals within the District's jurisdiction to ensure appropriate access and fire control. More minor maintenance activities are also included in the definition of routine stream maintenance.

The stream maintenance work area addressed by this Stream Maintenance Program includes the streams, canals, and any adjacent property that the District owns or holds an easement for access and maintenance. The District does not provide maintenance on private property when no easement exists. The maintenance work area is the stream channel or canal itself, typically extending to 20 feet past the top of bank when access is provided, and less when access is not provided. Creeks with constructed levees may require a wider maintenance easement. The maintenance work area is typically less than the District's permitting jurisdiction, which is within 50 feet of the top of bank of the streams.

The Stream Maintenance Program is designed to be a process and policy document that can be adopted by the District. Once adopted, the Stream Maintenance Program will be used by the District to guide the implementation of routine stream maintenance activities and projects. The Stream Maintenance Program outlines specific measures, protocols, policies, and reporting requirements to ensure that routine stream maintenance projects are implemented in an efficient and environmentally-sensitive manner. This Stream Maintenance Program is subject to future revisions as improvements and modifications are made to reflect the best available knowledge, technology, and practices.

The Stream Maintenance Program is intended to establish an ongoing District program of indefinite length. The Stream Maintenance Program uses a 20-year planning time frame to project the level of future work, and this same time frame is used by the Environmental Impact Report (EIR) to evaluate cumulative impact. Permits for stream maintenance from regulatory agencies are expected to last for a period of 10 years, after which the District would apply for a renewal. The Stream Maintenance Program will be reviewed annually as described in Chapter 3 to determine if adjustments to the BMPs need to be made. The overall program will be reviewed in 10 years as part of the permit renewal process.

The 20-year time frame was used because this is the period of time over which future work areas and impacts can be reliably projected. Projections for future work under the Stream Maintenance Program are based on an analysis of historical data going back to 1977. All forms of maintenance show a consistent pattern; however, projections of future stream maintenance activities for the Stream Maintenance Program cannot represent the exact extent of work that will occur. Actual stream maintenance activities vary from year to year. There may be some future routine maintenance activities that are within the District's jurisdiction and are consistent with the descriptions of work and impacts evaluated for the program overall but which were not specifically included in the District's projection of work areas. Maintenance at such sites is still included in the program as long as it does not result in significant environmental effects substantially different than those evaluated for the program as a whole.

If routine stream maintenance practices are substantially changed at any time, the program will be updated. If these changes would result in significant impacts not evaluated in the EIR, then the EIR will also be updated. New mitigation measures would not be required unless new significant impacts are identified.

Routine stream maintenance does not include emergency repair. A situation is considered an "emergency" if it is a sudden, unexpected occurrence involving a clear and imminent danger that demands immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services (Public Resource Code Section 21060.3).

Routine stream maintenance does not alter the flood conveyance or water supply capacity of a stream or canal. Large construction projects and Capital Improvement Projects (CIP) are not considered routine stream maintenance and are not addressed through the Stream Maintenance Program. For new CIPs, long-term maintenance impacts and any new mitigation will be analyzed under the CIP's separate future environmental review and compared to those impacts and mitigation previously evaluated for that reach of stream under the Stream Maintenance Program. New mitigation will only be required if the impacts of the maintenance under the CIP are in excess of impacts included in the Stream Maintenance Program for the same reach of creek. After the environmental review is completed for the CIP, the Stream Maintenance Program will be updated to incorporate any revisions to the mitigation program, and the implementation of the new maintenance and its annual reporting will be conducted in the same manner as indicated in Chapter 3.

The installation of new or major modification of fish ladders is not included in the Stream Maintenance Program. See also the "Overview of the Streams and Canals within the District's Jurisdiction" below for clarification on what areas are included or excluded from the Stream Maintenance Program.


C. STREAM MAINTENANCE ACTIVITIES

The following provides a brief discussion of the major activities addressed by the Stream Maintenance Program. For more information on these activities and why they are implemented, please refer to Chapter 2. In addition, the Stream Maintenance Program applies to more minor activities such as fence repair, trash removal, and removal of downed trees or other blockages.

1. Sediment Removal

Sediment removal is the act of mechanically removing sediment that has been deposited within a stream. Typically, sediment is removed when it: (1) reduces stream capacity, (2) prevents facilities or appurtenant structures1 from functioning as intended, or (3) impedes fish passage and access to fish ladders. Sediment removal can occur in the same physical area as vegetation removal.

2. Vegetation Management

The District removes vegetation in and adjacent to creeks and canals to maintain the ability of channels to function as flood protection facilities and canals to transport water. Vegetation removal can occur in the same physical area as sediment removal. In addition, vegetation is removed to meet local fire code requirements and to reduce combustible weeds and grasses on property adjacent to the streams within the District's jurisdiction. The control of invasive nonnative vegetation is another purpose for which the District undertakes vegetation control. Vegetation management can be accomplished through mowing, discing, hand clearing, or herbicide applications (depending on the environmental conditions of the site).

3. Bank Protection

Bank protection involves any action by the District to repair streambanks that are eroding as well as preventative erosion protection. The District implements bank protection when the problem (1) causes or could cause significant damage to a property or adjacent property, (2) is a public safety concern, (3) negatively affects transportation, (4) negatively affects beneficial uses of surface water, or (5) negatively affects riparian habitat. Repairs may take several forms ranging from the installation of "hard" structures (i.e., rock, concrete, sack concrete, gabions) to the use of "soft" structures (i.e., willow brush mattresses, log crib walls, pole plantings), or a combination of hard and soft structures. Bank protection also includes preventative maintenance to ensure that banks do not erode in the future. Such bank protection can reduce sedimentation and improve water quality.

Routine stream maintenance includes three major activities, as follows: (1) sediment removal activities that are designed to restore the flood conveyance capacity of existing District channels or associated features (e.g., tide gates), (2) vegetation management in and around streams and canals in the District's jurisdiction, including removal of vegetation for flood capacity, access and fire control, and (3) bank protection activities necessary to protect District or other facilities. Routine stream maintenance also includes more minor maintenance activities, such as maintenance of revegetation sites, fence repair, trash removal, and removal of downed trees or other blockages from streams.

D. OVERVIEW OF THE STREAMS AND CANALS WITHIN THE DISTRICT'S JURISDICTION

For the purpose of this Stream Maintenance Program, "streams" are defined as natural watercourses and modified channels and canals that are within the District's jurisdiction. In this Stream Maintenance Program, streams include both the waterway and its immediate geographical corridor, including riparian corridors.

The District is divided into two major hydrologic basins draining either into the San Francisco Bay or the Monterey Bay, as shown in Figure 1-1. In the northern portion of the County, streams of the Santa Clara Basin drain to the San Francisco Bay. To the south, streams in the Pajaro River Basin drain ultimately to Monterey Bay. Streams in the northeast portion of Santa Clara County are not in an established flood protection zone and are not in the Stream Maintenance Program.

Only those streams within the District's jurisdiction are included in this Stream Maintenance Program. The District's jurisdiction on a stream begins at ths point where 320 acres (½ square mile) of watershed drain to the stream, and continues downstream to San Francisco Bay or the limits of the Pajaro River in Santa Clara County. The Stream Maintenance Program area consists of 191 streams for approximately 828 miles and 10 canals for 41 miles (see Figure 1-1, Streams and Canals in District Jurisdiction). The ability of the District to perform maintenance activities may be affected by District ownership, easements, or right to access.

Streams are defined as the natural watercourses and modified channels and canals within the District's jurisdiction. In this Program, streams include both the waterway and its immediate geographical corridor, including riparian corridors.

In addition to maintaining streams and canals for flood protection and water supply, the District also owns and operates ten major dams and reservoirs in Santa Clara County and other water supply facilities, such as pipelines outside of stream corridors, groundwater percolation ponds, and in-stream summer dams. Maintenance of these facilities is not addressed by the Stream Maintenance Program. In addition, the Stream Maintenance Program only addresses maintenance work that is completed by the District, or through District contracts.

E. RELATED PROGRAMMATIC DOCUMENTATION

Because this Stream Maintenance Program has been designed to guide the implementation of routine stream maintenance projects and activities over the long-term, it addresses stream maintenance at a general or "programmatic" level. As such, this document provides the guidelines and implementation measures that characterize how stream maintenance will be conducted by the District.

In addition to this document, several other programmatic requirements must be met before the Stream Maintenance Program can be implemented, as follows:

  • Program Environmental Impact Report. Consistent with the California Environmental Quality Act (CEQA), an EIR will be prepared and certified by the District for this Stream Maintenance Program. The EIR will evaluate the potential environmental impacts of the Stream Maintenance Program and determine measures to mitigate impacts.

  • Long-Term Permits. The District is seeking the approval of a long-term permit for routine stream maintenance activities in streams under the jurisdiction of the United States Army Corps of Engineers (USACE), including Waters of the United States and special aquatic sites (wetlands) pursuant to Section 404 of the Clean Water Act as well as Section 10 of the Rivers and Harbors Act. This Individual Permit would grant general authorization and set conditions for all routine stream maintenance activities subject to jurisdiction of the USACE. In addition, the District will be required to comply with requirements under Section 7 of the Federal Endangered Species Act (ESA). The California Regional Water Quality Control Boards (RWQCB) will also require compliance with Waste Discharge Requirements (WDR) permits and Section 401 of the Clean Water Act. The Santa Clara Valley is divided into two RWQCBs, based on major drainage areas. These are the San Francisco Bay RWQCB and the Central Coast RWQCB.

The District will also revise Memorandums of Understanding with the California Department of Fish and Game (CDFG) for stream maintenance activities. The CDFG will review routine stream maintenance activities for consistency with California's endangered species protection regulations.

The San Francisco Bay Conservation and Development Commission (BCDC) regulates activities occurring in tidally-influenced areas. The BCDC renewed Permit No. M77-113 on July 28, 2000, to cover the District's routine stream maintenance activities that occur in or near tidal waters of San Francisco Bay. The expiration date is June 1, 2005.

The permits and approvals from these agencies for routine stream maintenance are expected to last for a period of 5 to 10 years, after which time applications will be made for renewal of these permits and approvals.

In addition to these programmatic requirements for adoption and implementation of the Stream Maintenance Program, the District uses a variety of supporting documentation to guide stream maintenance activities. These will be referenced and described in the following chapters of the Stream Maintenance Program. Examples include BMPs, the Maintenance Guidelines, and Fish Relocation Operation Guidelines. Several of these guidelines, or portions thereof, are provided as appendices to this Stream Maintenance Program.

F. THE ROLE OF STAKEHOLDERS IN THE PLANNING PROCESS

Stakeholder involvement was a primary element of the Stream Maintenance Program development process. In this planning process, a stakeholder is an individual or organization who will be affected by or has an interest in the final Stream Maintenance Program. Stakeholders include regulatory agencies, municipalities, and environmental and business groups.

Stakeholders' thoughts, questions, and recommendations were solicited through a variety of forums with the goal of developing a Stream Maintenance Program that reflects community interests and achieves maximum acceptance.

The stakeholder process included four organized meetings with over 20 organizations and representatives. These External Stakeholder Committee meetings were held on May 7, 1999, June 30, 1999, April 20, 2000, and August 31, 2000. The External Stakeholder Committee was a collaboration of key stakeholders convened to advise the District as it drafted and revised the Stream Maintenance Program.

In addition, the District held a series of informal meetings with representatives of regulatory agencies who were also part of the External Stakeholder Committee. These meetings were held at the suggestion of the agency representatives in order to facilitate the planning and permitting process.

G. ORGANIZATION OF THIS DOCUMENT

This document is organized into the following sections:

  • Chapter 1 : Introduction. This introduction provides a brief overview of the Stream Maintenance Program.

  • Chapter 2 : An Overview of Stream Maintenance Activities. This Chapter provides an overview of the extent of routine stream maintenance activities.

  • Chapter 3 : Stream Maintenance Process Overview. This chapter provides an overview of the stream maintenance planning, implementation, and reporting process.

  • Chapter 4 : Resource Protection. This chapter details the resource protection policies that are included in the Stream Maintenance Program.

  • Chapter 5 : Compensatory Mitigation. This chapter describes the compensatory mitigation that is proposed as part of the Stream Maintenance Program.

  • Chapter 6 : Linkages to Other Programs and Projects. This chapter will explore the relationship of the Stream Maintenance Program with other District planning efforts.

  • Chapter 7 : References. Provides the full references of documents and correspondence used in the preparation of this Stream Maintenance Program.

Participating in this process were representatives from federal and state agencies (i.e., USACE Environmental Protection Agency, U.S. Fish and Wildlife Service (USFWS), CDFG, and RWQCBs), cities (i.e Palo Alto, Sunnyvale Milpitas, San Jose, and Gilroy), and community groups (i.e., Coordinated Resources Management and Planning, Natural Resource Conservation District, Clean South Bay Streams for Tomorrow).




Chapter 2
AN OVERVIEW OF STREAM MAINTENANCE ACTIVITIES

The Stream Maintenance Program provides long-term guidance for the implementation of routine stream maintenance work. Three major types of stream maintenance activities are sediment removal, vegetation management, and bank protection. This chapter provides an overview of these stream maintenance activities and their average frequency and extent on an annual basis. Also included in this Stream Maintenance Program are minor maintenance activities described in this chapte .

The projections for work area amount under the Stream Maintenance Program are based on approximately 20 years of historical data. The numbers provided are program-level projections of future stream maintenance activities and are not intended to represent the exact extent of work which will occur in the future. As described further below, stream maintenance activities can vary from year to year. There may be some future routine maintenance activities in streams and canals within the District's jurisdiction that are consistent with the descriptions of work and impacts overall but which were not specifically included in the District's projection of work areas. Maintenance at such sites is still included in the program as long as it does not result in significant environmental effects substantially different than those evaluated for the Stream Maintenance Program as a whole.

Routine maintenance occurs on a year-round basis. However, it is scheduled to avoid or minimize impacts to environmental resources. Typically, routine maintenance that requires the operation of heavy equipment in the channel is limited to the dry season.

A. SEDIMENT REMOVAL

1. Overview

Sediment removal is the act of mechanically removing sediment deposited within a stream. Typically, sediment removal is indicated when it (1) reduces capacity, (2) prevents facilities or appurtenant structures from functioning as intended, or (3) impedes fish passage and access to fish ladders.

The District's purposes in performing sediment removal activities are to ensure that a stream will continue to provide flood capacity and to ensure that appurtenant facilities are working as designed. Sediment is usually removed from modified channels. However, sediment is also sometimes removed from natural creeks on an occasional basis to provide proper functioning of outfalls, culverts, bridge crossings, and stream gauging stations, for example. Occasionally, sediment is removed from canals to maintain their function as water conveyance facilities. Sediment is removed from canals on an irregular basis, with similar equipment used for sediment removal from streams. Based on seven sediment removal projects undertaken in canals from 1992 to 2000, the average annual amount of sediment removed from canals is estimated to be less than 1,000 cubic yards. Sediment removal in canals takes place primarily in Almaden-Calero Canal, Coyote-Alamitos Canal, Coyote Canal, and Coyote Canal Extension.

In most cases, sediment deposition is a natural process that occurs where the stream gradient flattens out in the valley floor or where the gradient is otherwise flat over long reaches. In developed areas, this deposition affects flood flow capacities.

Typical equipment used for sediment removal includes excavators, draglines, loaders, and 10- or 20-cubic-yard dump trucks. If water must be bypassed around the site during work, water pumps and piping, and cofferdams of earth, gravel, sandbags, hay bales, rubber, or other appropriate material may be used. In some cases, a bypass channel or detention basin is appropriate to isolate a site. Saturated sediments may be temporarily placed adjacent to the work site to dry out before being removed to a landfill or to other suitable disposal or reuse sites. Most often, sediment removal projects are implemented in the dry season (summer). The District also implements BMPs to ensure that sediment removal projects have the least impact possible. The District's equipment and work methods are updated as new equipment or better methods become available. Sediment removal projects are also revised as new CIP are completed.

2. Sediment Removal Methods

The method of sediment removal is dependent on channel configuration and geometry, equipment reach and rate of production, channel type (tidal or nontidal, concrete or earth bottom), moisture content of the silt, ramp location, and access road width. For example, wide tidal reaches with a channel bottom of wet bay muds which will not support equipment require silt removal by a dragline or an excavator positioned on the top of the creek bank. This method requires wide roads for the equipment and for truck access.

Concrete-lined channels may be cleaned by pushing sediment into a pile with a bulldozer and using a loader to place the material in trucks for removal to an approved disposal site. The trucks are located at strategic points either in the channel bottom or at the top of bank depending on the method of routing the trucks. Another example is cleaning or creating a low-flow channel with excavation equipment working in the channel bottom, loading trucks either in the channel bottom or moving the sediment to trucks at the top of bank.

3. Annual Sediment Removal Activity

The District estimates that it removes an average of 80,000 cubic yards of sediment on about 16 miles of channel per year in Santa Clara County. This average includes both concrete-lined and earth-lined channels. This is an average annual quantity and will vary from year to year depending, in part, on rainfall conditions of the past season. Table 2-1 summarizes recent annual sediment activities.

The number of sediment removal sites each year also varies widely. Historical records show that the District removes sediment from an average of 19 sites annually but may work at as few as two sites or as many as 39 in a given year.

TABLE 2-1

Recent Sediment Removal Activity
District Fiscal
Yeara
Cubic Yards Stream Miles Number of
Sediment
Removal Sites
1996 11,500 1.5 2
1997 2,900 5.5 6
1998 132,300 12.9 27
1999 115,100 7.5 12

aDistrict convention: fiscal year 1998 = July 1, 1997, through June 30, 1998

B. VEGETATION MANAGEMENT

1. Overview

Management of vegetation in and adjacent to creeks and canals is necessary to maintain the ability of channels to function as flood protection facilities and canals to function for water conveyance. Dense vegetation can adversely affect the ability of the channel to contain the flow of flood waters for which it was designed. Therefore, most flood protection facilities require some type of periodic vegetation control. Depending on the original design and the characteristics of the channel, the frequency of vegetation management varies from annually to every few years.

The District also plants and maintains revegetation or mitigation projects, often along creeks. In the first few years after initial planting, it is important to control weeds at revegetation sites to increase the number of native trees and shrubs which survive and to more quickly establish a self-sustaining plant community which provides wildlife habitat.

The control of invasive, nonnative plants is another purpose for which the District undertakes vegetation control. Plant species are targeted that are not native to this area of California and are known to aggressively spread. These plants can migrate into other areas where they can affect channel capacity as well as reduce native plant populations. This can lead to reduced channel capacity and overall habitat degradation. Current practice is to assign this a lower priority and do it on an ad hoc basis as it fits in with higher-priority work.

The District manages vegetation for other purposes including the protection of levees, and concrete linings from plant roots; meeting local fire codes requiring the control of combustible weeds and grasses; providing visual clearance to inspect the condition of a facility; and providing access along maintenance roads.

2. Vegetation Management Methods

Over the past 30 years, the District has continually revised vegetation management approaches to control vegetation on District facilities. This approach consists of utilizing three basic methods: hand removal (chain saws, weed-eaters, etc.); mechanical (mowing and discing); and chemical control through the use of herbicides. A method or combination of methods is chosen for each site depending on the maintenance requirements of the facility. Efficiency, economics, and the protection of public health and environmental resources are all considered in the selection of methods.

As an example, herbicides can often be a more effective vegetation control method when compared to mechanical or hand removal. This is because of their ability to spread into and damage the roots of the target plants, thus preventing resprouting. When treated with mechanical or hand methods, some woody plants, such as willows, will resprout with multiple stems. The multiple sprouts result in a greater flood protection problem and require annual control. With herbicides, annual retreatment is often necessary; however, the treatment area is greatly reduced, as only a small percentage of regrowth will occur. As a result, this program includes herbicides as the primary method by which vegetation is controlled in channels and on streambanks.

Herbicides are not broadcast sprayed across the channel, but are selectively sprayed at the plants targeted for removal by the design parameters of each particular stream reach. In some streams, only woody saplings (no greater than 2 inches in diameter at breast height) are removed in the target area, while other streams require removal of both herbaceous and woody vegetation. In upland areas, herbicides are sprayed on maintenance roads to provide a clear access area and on levee slopes to eliminate broadleaf weeds.

The District only uses herbicides according to the label directions and for uses approved by the United States Environmental Protection Agency (USEPA) and the California Department of Pesticide Regulation (DPR). Currently, the primary postemergent herbicides which the District uses are Roundup® Pro and Aqua Master® (formerly known as Rodeo®). These herbicides are formulations of the chemical glyphosate, which is a nonselective broad spectrum herbicide. Aqua Master® is approved for use in aquatic areas, whereas Roundup® Pro is not approved for application directly in water or to areas where surface water is present.

Other herbicides which will be used by the District are shown in the following table.

TABLE 2-2

Herbicide Use for the Multiyear Stream Maintenance Program
Product
Name
Chemical Type Use Average
Annual
Amount
Gallery Isoxaben Preemergent, selective to broadleaf weeds. Used
on levee slopes and maintenance roads.
447 pounds
Garlon 3A Triclopyr, triethylamine salt Postemergent, selective to broadleaf weeds. Used
on levee slopes.
5 gallons
Garlon 4 Triclopyr, triethylamine salt Postemergent, selective to broadleaf weeds. Used
on levee slopes.
62 gallons
Oust Sulfometuron Preemergent, nonselective. Used on access
roads/firebreaks.
206 ounces
Pendulum Pendimethalin Preemergent, selective to grasses. Used on access
roads/firebreaks.
3,576 pounds
Aqua Master
(formerly known
as Rodeo)
Glyphosate Postemergent, nonselective. Approved for
aquatic use. Used in channels.
750 gallons
Roundup Pro Glyphosate Postemergent, nonselective. Roundup used in
upland areas on maintenance roads/firebreaks.
1,021 gallons
Surflan (AS) Oryzalin Preemergent, selective to grasses. Used on access
roads, firebreaks, and landscape/ revegetation areas.
1,269 ounces
Telar Chlorsulfuron Preemergent, selective to broadleaf weeds. Used
on levee slopes and maintenance roads.
2,140 ounces
Transline Clopyralid Postemergent, selective to specific broadleaf
families. Some minor preemergent activity. Used
for control of yellow star thistle on levee
slopes/upland parcels.
16 gallons
Target Pro-spreader/
activator or Wilbur-Elias
R-11 spreader activator
  Surfactant used with Aqua Master®, Garlon, and
Transline products.
310 gallons



In total, the District currently uses approximately 2,000 gallons of herbicides, 50 percent of which is Roundup® Pro and 35 percent is Aqua Master®. In addition, the District uses approximately 3,580 pounds of Pendulum and 450 pounds of Gallery per year. Appendix H contains a literature review of pesticides used by the District.

The Stream Maintenance Program includes the reinstatement of the use of herbicides as part of the Vegetation Management Program in the Pajaro River Basin. Herbicides are currently used as part of the Vegetation Management Program in the Santa Clara Basin, but their use was discontinued in the Pajaro River Basin (South County) at the direction of the District Board of Directors in 1974 because of complaints regarding drifting of herbicides into agricultural fields. In 1979, the District considered reinstating a herbicide program in the Pajaro River Basin. At that time, there was a general concern in the community over the use of herbicides, particularly the use of 2,4-D, and after public hearings, the District decided not to reinstate the use of herbicides in the Pajaro River Basin. As a result, the use of herbicides was also excluded on new federally-sponsored flood protection projects on Llagas Creek in the Pajaro River Basin.

Since that time, the District has revised its herbicide program to address environmental, health risk, and public safety concerns, but at the same time recognize that herbicides are a cost-effective means for maintaining flood protection and water supply facilities. Many of the improvements made to the District's herbicide program are described below:

  • In 1980, the District discontinued the use of the herbicide 2,4-D.

  • In 1986, the District switched to using herbicides in the sulfonylurea family which are applied at rates of ounces per acre, rather than previous herbicides which were applied at rates of pounds per acre. This step not only reduced the overall amount of herbicides being applied throughout the county, but also relied on using herbicides with a lower toxicity.

  • In 1988, the District went beyond state requirements and required all District employees who handle pesticides to be certified as Qualified Applicators by the DPR. As Qualified Applicators, these employees are trained on pesticide laws and regulations, safety, and application methods and are required to receive annual training to keep updated in this field.

  • Likewise, even before state requirements, the District required that a District Pest Control Advisor (PCA) prepare a pesticide use recommendation for any use of herbicide on District facilities. For the District's purposes, PCAs are required to have a relevant bachelor's degree, be trained in integrated pest management and groundwater protection, and continue to receive 40 hours of relevant training every 2 years.

  • At the District, the PCA is required to conduct a field survey to assess the site conditions, types of weeds and nontarget plants, surrounding land uses, and potential wildlife use prior to writing a pesticide use recommendation. This information is used to make a recommendation with detailed instructions to the applicator regarding the type of herbicide, rate, equipment, treatment area identified on a map, target vegetation, vegetation to protect, and any special instructions relevant to the site and treatment.

  • Certain types of herbicides were found as contaminants in groundwater in California's Central Valley. Although no restrictions were placed by the state on their use in Santa Clara County or on soil types found in Santa Clara County, the District voluntarily discontinued the use of certain preemergent herbicides on our facilities in 1993 to avoid any potential problems with groundwater. This practice continues today. PCAs receive groundwater training every 2 years from the DPR and receive routine updates in changes to the regulations. Though none of the regulations currently apply to this county, the District discontinues use of products that are known groundwater contaminants in other areas of the state.

  • In 1994, the District voluntarily eliminated the use of residual preemergent herbicides on our groundwater recharge facilities. Today, only herbicides that are registered for use in aquatic areas are used at these locations.

  • In 1996, the District retrofitted its spray trucks to include the Patchen WeedSeeker. This device utilizes a light sensor attached to the front of the spray equipment that detects the presence of chlorophyll (and, therefore, living plants) and controls individual spray heads. Instead of spraying the entire width of a facility as the spray truck passes over it, individual spray heads are turned on only as they pass over vegetated areas. This eliminates the treatment of bare ground and reduces the amount of herbicide applied by 20 to 90 percent. This equipment is primarily limited to use on flat areas where all vegetation needs to be controlled, such as maintenance roads.

  • The District currently uses primarily Category III and IV herbicides. Under a ranking system developed by the USEPA, pesticide products are given an acute toxicity rating which is reflected in the warning label of the pesticide container. Category III is considered slightly toxic ("caution" warning on label) and Category IV is considered practically nontoxic (no warning language included on label).

As a result of these improvements, the District is now proposing that herbicide use be reinstated in the Pajaro River Basin. This change would require the following actions:

  • The District's Board will need to adopt implementation of the Stream Maintenance Program, changing the maintenance practices in the Pajaro River Basin to include herbicides as a routine maintenance tool.

  • The maintenance documents for the federally-sponsored Llagas Flood Protection Projects (PL-566 projects) will require amendment by the federal sponsoring agency, Natural Resources Conservation Service (NRCS), to include this activity.
Staff has been working with the Board and NRCS toward the implementation of this change. Both the Board and the NRCS agree this is a beneficial change.

Hand removal of vegetation is undertaken in a few locations where it is not possible to access the area with spray equipment. In some cases, the vegetation is sprayed with herbicides, and then approximately 6 months later, the dead material is removed by hand removal methods, if necessary. This latter category of work is referred to as follow-up hand removal. Follow-up hand removal of vegetation is only necessary when herbicide spraying is new to an area and there is a larger volume of dead vegetation created in the first year or two. In subsequent years, the amount of vegetative regrowth is reduced and follow-up hand removal is necessary much less frequently.

The five types of vegetation management in upland areas are: discing, mowing, herbicide application, hand removal, and removal of overhanging growth to provide maintenance access.

Upland discing occurs on upland parcels outside of the streambanks and is conducted to create firebreaks. Upland mowing consists of operating a flail mower to eliminate or reduce grasses that would cause a fire hazard during the summer. Mowing can occur from one to three times annually at each location, usually between May and October. Mowing is conducted on the inside slope of streambanks and outboard levees slopes to create a firebreak.

Upland herbicide spraying is used on levees, unpaved maintenance roads, and along some property lines. On levees, herbicides are used primarily to keep woody vegetation and broadleaf weeds from becoming established where they will interfere with flood flow capacity, damage the levees, or hinder their inspection. Weeds and grasses are sprayed on maintenance roads to clearly define and keep open the access route. Herbicide spraying along property lines assist in establishing a firebreak. Pre and postemergent herbicides are sprayed from a truck-mounted rig or by a controlled drop applicator.

Hand removal of vegetation is conducted in upland areas where mowers cannot access, and herbicides are either not practical due to steep terrain or not allowed. Hand removal of vegetation is generally used in upland areas along property lines to establish fire breaks. Removal of overhanging growth consists of pruning trees branches that impede access roads or hang over fence lines.

3. Annual Vegetation Management Activity

The frequency of vegetation management activities varies from semiannually to once every several years, depending on the method used. Herbicide spraying in stream channels is conducted July 1 through October 15. Removal of woody vegetation by hand is conducted July 1 through March 1. Hand removal in stream channels is conducted November through December.

Vegetation management occurs in creeks, canals, and adjacent uplands. On average, vegetation management work is annually performed on approximately 4,000 acres. Within this larger work area, the targeted treatment area consists of approximately 2,000 acres. These totals include the following approximate levels of activity:

  • 923 acres of vegetation management work is conducted in 222 miles of stream channels with 132 acres of the total actually receiving treatment (585 work acres or 75 acres of treated area on 166 miles in the Santa Clara Basin, and 338 work acres or 57 acres of treated area and 56 miles in the Pajaro River Basin);

  • 23 acres on which vegetation management work is conducted on 27 miles of canals with 6 acres of the total actually receiving treatment; and

  • 3,021 acres of uplands on which vegetation management work is performed, with 1,885 acres actually receiving treatment. Upland vegetation management is outside of the area of inundation, and generally has a buffer of grass or vegetation on the slopes between the right of way and the stream.

Vegetation management activities are relatively the same from year to year. Slight variations in flood protection activities occur due to weather patterns. For example, historically, increases in some work activities occur during flood years, with decreases in other activities occurring during extended periods of drought. Right of way activities remain constant regardless of these weather patterns.

C. BANK PROTECTION

1. Overview

Bank protection involves an action by the District to repair streambanks that are eroding or are in need of preventative erosion protection. The District implements bank protection when the problem (1) causes or could cause significant damage to a property or adjacent property, (2) is a public safety concern, (3) negatively affects transportation or recreational use, (4) negatively affects water quality or beneficial uses, or (5) negatively affects riparian habitat. Repairs may take several forms from installing "hard" structures (e.g., rock, concrete, sack concrete, gabions) to "soft" structures (e.g., willow brush mattresses, log crib walls, pole plantings) or a combination of hard and soft structures.

Streambank erosion is a natural process, which mostly happens during major storm events. Erosion can occur because of hydraulic forces and geotechnical instabilities, and can be accelerated by human intervention and land uses. Accelerated erosion is typically a result of particular land uses that affect the stream corridor, including grazing, agriculture, and road and utility construction. Erosion of banks can result in increased sediment deposition, which can lead to decreased flood flow capacities and potential flood hazards. Erosion on banks may also cause vegetation and soil loss, damage to private or public property, transportation and utility impacts, safety hazards, and turbidity injurious to fish and aquatic life. Levee erosion may lead to failure of the structure and flooding.

Bank protection work may either occur as repair of an existing bank protection project which is failing, or as new work along a bank which is eroding. The new work is considered routine maintenance because it is either restoring the flood protection function of a modified channel or it is repairing a natural bank to its approximate condition prior to becoming an erosion problem.

Repair of existing bank protection structures occurs when these structures fail and are replaced with in-kind, in-place materials. New bank protection projects are those that repair or protect the watercourse from further degradation or erosion using the most appropriate method. This type of protection is considered maintenance if the work does not significantly alter the flood conveyance capacity of the streams.

Equipment used for bank protection may include excavators, dozers, cranes, loaders and 10- and 20-cubic-yard dump trucks, concrete trucks, and pumps and water trucks. If water must be bypassed around the site during repair work, water pumps and piping, and cofferdams of earth, gravel, sandbag, hay bales, rubber, or other suitable material may be used. In some cases, a bypass channel or detention basin is appropriate to isolate a site. Most often, bank protection projects are implemented in the dry season.

2. Bank Protection Methods

The general design criteria and plan for each of the bank protection methods used by the District are included in Appendix E. In addition to these criteria, design of a particular bank protection project includes evaluation of other site-specific characteristics such as bank slope, shear stress, location (such as the inside or outside of a curve), soil type, flow velocity, characteristics of the channel adjacent to the site, and the available right of way. The site is evaluated for the repair method consistent with the characteristics of the site. Revegetation potential is also evaluated for each bank protection project. This potential is not only dependent upon the method of bank protection used, but also the physical properties of the stream where the repair is taking place.

In natural stream conditions where there are no flow capacity requirements, vegetation components for streambank repair are selected. In modified creek channels where the flow requirements must be retained (such as for the 100-year flood), this will often necessitate a roughness maximum which, depending on the channel design, may limit the vegetation component of the design.

A range of methods is used for bank protection, as can be exemplified by several District bank protection projects. Many of the following examples demonstrate how soft methods can be combined with harder methods when site conditions cannot maintain a purely natural solution.

  • Log crib walls were used on Guadalupe River, downstream of Coleman and downstream of Woz Way and on Bodfish Creek upstream of Santa Teresa.

  • Earth repairs with vegetated slopes were included in the Princevalle storm drain downstream of Chestnut, Sunnyvale East Channel downstream of Evelyn and Lower Penitencia Creek, downstream of Redwood Drive.

  • Rock hybrids include Permanente Creek at Lundy Lane, Stevens Creek downstream of Fremont, and Los Gatos Creek downstream of Bascom Avenue.

  • Cottonwood seedlings growing on articulated concrete mats are located on Guadalupe River upstream of Highway 880.

For all bank protection projects, the District makes an inspection of the stream upstream and downstream of a project site to determine if there is an identifiable cause of the erosion. In some cases, the cause of erosion is obvious, such as a blockage (e.g., downed tree) or weak streambanks of silt or gravel stratas. In other cases, a further inspection is conducted to determine if flows are being directed toward the bank from a source upstream, whether the channel invert is down cutting, or if illegal drainage is causing the problem. These factors can affect the bank protection approach implemented by the District.

3. Annual Bank Protection Activity

The District estimates that an average of 5,000 linear feet of banks may be repaired annually based on historical records, District experience, and current levels of funding. This is an average annual quantity and will vary from year to year. Facilities are inspected after the winter storms for damage and maintenance needs and a work plan is prepared. Under the Stream Maintenance Program, the District is committing to installing no more than 50 percent of future bank protection work using hardscape designs.

In the past 14 years, the total length of bank protection activities in an individual year ranged from approximately 1,500 to 13,000 feet. The District has completed an average of 38 bank protection jobs per year, based on historical records, but there is considerable deviation. For example, there were nine jobs in 1994 and 73 in 1987. A more detailed summary of historical bank protection activities is provided in Table 2-3.

TABLE 2-3

Bank Protection Activities

1987-1999
Length (feet)
Year
Total
Livea
Mixedb
Hardc
Othera
1987 1,249 130 6,414 3,564 11,357
1988 3,525 0 7,815 980 12,320
1989 210 0 3,680 2,305 6,195
1990 410 0 4,156 8,012 12,578
1991 316 0 5,298 500 6,114
1992 3,210 0 2,153 214 5,577
1993 145 0 3,412 2,288 5,845
1994 738 620 4,408 225 5,991
1995 7,659 0 155 535 8,349
1996 25 0 2,105 250 2,290
1997 205 50 2,359 1,218 3,832
1998 138 535 485 341 1,499
1999 6,442 905 195 4,027 11,569
Minimum 25 0 155 214 1,499
Maximum 7,659 905 7,815 8,012 12,578
Average/year 1,734 160 3,039 1,747 6,680
           


Source: SCVWD 1999e.
aLive: seeded or vegetated
bMixed: crib walls, geoweb, hybrid rock, wooden retaining walls, all with vegetation
cHardscape: concrete, shotcrete, sacked concrete, rock, without vegetation (impervious)
dOther: fence with brush, concrete, or rock removal, replacement of existing rock, concrete or gabions. In 1999, the "other" category consisted of installing a chain link fence and brush on a bank as temporary fix, replacing a failed wall, replacing earth fill behind a wall, placing a kickboard on a fence at top of bank, replacing failed concrete panels, and installing a drain inlet.

Unlike sediment removal and vegetation management, the historical location of bank protection activities is not a good predictor of where future bank protection will be required. The quantity and location of bank protection activities varies greatly from year to year, based upon watershed conditions, degree of safety hazard, work load, budget, and of other work to be done in a given year.

D. MINOR MAINTENANCE ACTIVITIES

Minor maintenance activities included in this Stream Maintenance Program are: trash removal at trash racks and more generalized locations; repair and installation of fences and gates; grading and other repairs to restore the original contour of access roads and levees; grading small areas without vegetation above streambanks to improve drainage and reduce erosion; repair of structures with in-kind materials within the same footprint (such as replacement of concrete linings, culverts, pipes, valves, or similar structures); cleaning and minor sediment removal at stream gages, outfalls, culverts, flap gates, tide gates, inlets, grade control structures, fish ladders, and fish screens; graffiti removal; tree pruning along maintenance roads and fence lines to provide access and to remove hazards; irrigation, weeding, replanting, and other types of ongoing maintenance at mitigation sites; removal of obstructions to flow in the immediate vicinity (not to exceed 100 feet) of bridges, streamflow measuring stations, box culverts, storm drain outfalls, and drop structures to maintain functions of such structures; removal of trees or branches that are in imminent danger of falling, fallen trees, and associated debris to maintain channel design capacity; and ground squirrel and rodent control with traps, smoke bombs, and pesticides.


Chapter 3
STREAM MAINTENANCE PROCESS OVERVIEW

This chapter provides an overview of the stream maintenance planning, implementation, and reporting process that is committed to as part of the Stream Maintenance Program.

The District's stream maintenance planning, implementation, and reporting process can be broken down into three distinct phases: program development and documentation, implementation of annual routine stream maintenance work, and annual reporting.

Specific guidelines and implementation measures which are to be followed with the implementation of stream maintenance activities are provided in Chapter 4.

A. PROGRAM DEVELOPMENT AND DOCUMENTATION

This Stream Maintenance Program has been developed to guide the long-term implementation of the District's annual routine stream maintenance work. This annual routine work consists of significant work identified in the spring as well as other work needed throughout the year that has been evaluated under the Stream Maintenance Program. This Stream Maintenance Program (along with the Program EIR and long-term permits) provides the guidance and regulatory compliance for the District to provide routine maintenance of its streams and canals without having to perform separate CEQA review or obtain permits for each individual routine stream maintenance project. The Stream Maintenance Program will also enable the District to employ a watershed-wide approach to environmental protection. Through these programmatic documents, the District is committed to implementing individual maintenance projects in an environmentally-sensitive manner. In addition, the District has committed to a compensatory mitigation program for those impacts that cannot be avoided.

B. IMPLEMENTATION OF ANNUAL ROUTINE STREAM MAINTENANCE WORK

Maintenance work can be proposed either as part of the Annual Work Plan or as other work identified later in the year through individual work orders. All stream maintenance activities would follow the Resource Protection Protocol, which is further described in this section and illustrated in Figure 3-1.

The District has historically used work orders to describe and implement stream maintenance projects. Work orders provide a description of the project, schedule of implementation, estimated costs, and permit requirements or other special conditions. This tool will continue to be the primary vehicle for the implementation of maintenance projects. In addition, an Annual Work Plan that identifies the major (sediment removal, vegetation management, and bank protection) projects planned for the year will be developed. This plan will identify the stream maintenance work that forms the basis of the annual budget. Specific information, such as location and size of the major stream maintenance projects, will be provided in the Annual Work Plan.

As maintenance work is proposed, it will be evaluated to determine if the work is addressed under the Stream Maintenance Program. If not, the work will follow the appropriate project development process which may include individual CEQA review and individual regulatory permits or clearances. An example of this type of work may be removal of a drop structure in a stream.

The proposed work is also evaluated under the requirements of the Maintenance Guidelines to ensure that the maintenance meets preestablished engineering requirements. For example, if a sediment removal project is proposed, the Maintenance Guidelines provide the information on the allowable depth of sediment for a reach that will still provide design flood protection for a community. Maintenance Guidelines are updated as new CIP are completed, as better maintenance methods are developed or as refinements are made as to the level of maintenance required in a reach of creek.

FIGURE 3-1

Resource Protection Protocol

If a proposed project or activity is of low impact and is typically exempt from detailed environmental review, the appropriate resource protection measures and BMPs will be identified and work could proceed. Minor work activities are described in Chapter 2. The activities considered low impact will change over time with changes to CEQA, regulatory direction, and court decisions. As a separate planning effort, these types of activities are currently being evaluated for a regional general permit being prepared by the RWQCB. Should this regional general permit be approved, it will be used to help define whether or not a proposed activity is low impact.

If the project is not low impact work as described above, a more detailed review process will occur. The project will be reviewed to verify that it is covered under the long-term regulatory clearances provided in conjunction with the Stream Maintenance Program. If needed, the District will apply for individual permits or clearances. The work will be evaluated for compliance with the Migratory Bird Treaty Act. Appropriate resource protection measures and BMPs will be identified and added to the work order.

Prework conferences will be held with staff which may include the appropriate staff from Watershed or Countywide Watershed Management Units to discuss site-specific requirements, environmental constraints, and BMPs.

Annually, in November, District staff will hold a "Lessons Learned" meeting to evaluate the effectiveness of both resource protection and maintenance methods used in the preceding construction season. The information and assessments will be used to update BMPs, Stream Maintenance Program processes, and the Maintenance Guidelines and to create a greater understanding of how to accomplish environmentally-sensitive, fiscally sound maintenance work.

C. ANNUAL REPORTING

The District's Annual Stream Maintenance Work Plan, which includes the description of the proposed work, location, and extent of work area will be submitted to USACE, United States Fish and Wildlife Service (USFWS), CDFG, BCDC, and RWQCB prior to the commencement of the work (likely in May).

The sediment sampling and characterization plan will be revised in June, prior to the work season. Over the years of this program, it is expected that the requirements for sediment sampling and characterization are to be reduced as the usefulness and repetitiveness of the data of previous years is evaluated.

A final annual report detailing what work was accomplished will be submitted to USACE, USFWS, CDFG, BCDC, and RWQCB at the end of the maintenance season (prior to January 1) which will specify which projects were completed for the year including type of work, location, and size of the project.

In addition to reporting on the maintenance activity completed for the year, the District will also provide reporting on the implementation of the mitigation program. For the first 5 years of the program, the District will provide the agencies with a tour of representative work areas (especially those along target streams and watersheds) for that year and all mitigation sites. This tour will take place after completion of the work season. Preconstruction photographs will also be provided.

The District's Geographic Information System (GIS) may be utilized as a tool for reporting annual work activities and implementation of mitigation projects.




Chapter 4
RESOURCE PROTECTION POLICIES

This chapter details the policies that are included in the Stream Maintenance Program. These policies have been developed by the District through the routine stream maintenance planning process to ensure that resources are protected to the furthest extent feasible during routine stream maintenance projects. BMPs have been developed to implement these policies. These are listed in a table in Appendix G.

The policies in the Stream Maintenance Program have been developed to guide decision-making for stream maintenance projects. Policies are based on the Stream Maintenance Program objectives identified in Chapter 1 and are means to the District's Ends Guidelines (Board of Directors Policy No. E-1; October 19, 1999). Specifically, the Stream Maintenance Program resource protection policies have been developed to meet the following Ends Policies:

1.0. There is a healthy and safe environment for residents and visitors.

1.2. There is a reduced potential for flood damages.

1.2.1. The cost of reducing the potential for flood damages is balanced with benefits (including possible environmental restoration and enhancement).

1.2.2. There is a balance between the contributions of watersheds and streams in providing for public health and safety and in providing protection of natural resource benefits.

2.0. There is enhanced quality of life in Santa Clara County.

2.1. Watersheds, streams, and the natural resources therein are protected and when appropriate enhanced or restored.

2.1.1. Healthy creek and bay ecosystems are protected, enhanced, or restored as determined appropriate by the Board of Directors.

2.1.1.1. Mitigation for adverse impacts of District activities are identified.

2.1.1.2. Opportunities to enhance or restore natural resource benefits of streams and watersheds are identified.

2.1.1.3. Mitigation, enhancements, or restoration are implemented when determined appropriate by the Board of Directors.

For many of the Stream Maintenance Program policies, BMPs have been identified. A BMP is an action, procedure, program, or technique that carries out a policy. These BMPs provide specific guidance to District managers and staff in the environmental review, processing, and implementation of individual stream maintenance projects.

The policies included in this chapter are categorized by the following groups:

  • Process and Protocols
  • Watershed Restoration and Management
  • Protection of Listed Species and Species of Concern
  • Fisheries Protection and Enhancement
  • Maintenance Site Dewatering
  • Minimization of Erosion
  • Preservation and Replacement of Riparian and Shaded Riverine Habitat
  • Wetlands Protection
  • Use and Management of Herbicides
  • Hazardous Material Management and Control
  • Additional Work Site Management Practices

These categories are both by resource type (e.g., sensitive species, fisheries, wetland) and by individual maintenance practices that require special consideration (e.g., dewatering, herbicide use). Though some activities and measures clearly fit into one category or another, they are sometimes overlapping. For example, some measures related to fisheries protection apply specifically when a site is dewatered.

All routine stream maintenance projects must adhere to the policies contained in this chapter.

A. PROCESS AND PROTOCOLS

Policy 1: The District will process all routine stream maintenance activities according to the process and protocols established in Chapter 3 of the Stream Maintenance Program.

Policy 2: Decisions regarding the necessity of routine sediment removal and vegetation management activities (to restore channel flow capacities) will be made following the thresholds established in the Maintenance Guidelines. This information will be used to formulate in part an annual routine maintenance work plan.

Policy 3: The District will continue to develop, implement, and update BMPs for implementation of stream maintenance projects to ensure that maintenance activities are conducted in the most effective and environmentally-sensitive way possible and are technically feasible and economically reasonable.

Discussion of Policy 1

Through the development of the Stream Maintenance Program, the District defined a protocol for processing maintenance work orders, as summarized in Chapter 3. In addition, several other documents will provide the District with guidance when implementing stream maintenance projects.

This process described in Chapter 3 will ensure that each routine maintenance project is reviewed for its potential for negative environmental effect and that sensitive species and habitats are protected consistent with the federal and state ESA. The District is committed to performing routine maintenance activities in a manner that demonstrates an appropriate effort to avoid or minimize impacts to the environment.

Discussion of Policy 2

The District has developed detailed Maintenance Guidelines to address the ongoing need for maintenance of vegetation or sediment in modified streams and canals. The guidelines are engineering based and outline the thresholds for maintenance that are required to ensure adequate flood capacity is maintained in the streams within the District's jurisdiction. These guidelines support field evaluations of need and are consistent with the District's flood management objectives and applicable District Ends Policies.

Maintenance Guidelines are based on two concepts: (1) the maintenance standard and (2) the acceptable maintenance condition. The maintenance standard is defined as the design facility condition, where the modified stream has full design capacity and freeboard. The acceptable maintenance condition is the condition to which a channel can be allowed to deteriorate before capacity is determined to be compromised and maintenance work becomes essential. The focus of the hydraulic analysis is related to sediment accumulation and vegetation management since these two factors typically affect capacity. The Maintenance Guidelines may also apply to other activities such as trash pick-up, blockage removal, fence repairs, and access road maintenance. By conducting these routine maintenance activities, the District ensures that facilities continue to provide the level of flood protection for which they were constructed. These efforts protect the public's investment and help to comply with regulations of the federal flood insurance program (Flood Damage Reduction Objective 6, District Guidelines and Procedures 0-105).

The Maintenance Guidelines detail information for each creek to the extent it is available. This information includes whether or not the guidelines are existing (based upon construction documentation) or new (based upon new engineering calculations), background information (e.g., available studies, facility engineering reports, and applicable permits), average frequency of maintenance activities (history), and any additional supporting data and calculations.

Discussion of Policy 3

BMPs are activities, maintenance and operations procedures, or other standard management and work practices that are designed to prevent or reduce pollution or other negative environmental consequences. The District currently implements BMPs when completing stream maintenance projects.

The District will use the most current BMPs and will continually evaluate the performance of BMPs and update or otherwise modify BMPs as appropriate. The District will conduct annual BMP training for District staff who support the implementation of the Stream Maintenance Program.

The District will maintain a BMP manual which details design, installation, and work practices for stream maintenance activities. The manual includes documentation and implementation information for the District's BMPs and is updated as new and better information, approaches, and technologies are developed. Annual training for watershed personnel is also conducted by the District to familiarize all employees with the current BMPs.

B. WATERSHED RESTORATION AND MANAGEMENT

Policy 4: The District will use the Stream Maintenance Program to manage its routine stream maintenance activities in a programmatic way, including BMPs and a mitigation program. The District will evaluate the environmental impact of the program in an EIR.

Discussion of Policy 4

For the purpose of the Stream Maintenance Program, the District can be divided into two major basins: the Santa Clara Basin (which drains to the San Francisco Bay) and the Pajaro River Basin (which drains to Monterey Bay), as previously shown in Figure 1-1. Each basin is made up of numerous watersheds. A watershed is a geographic area from which water is drained by a river and its tributaries to a common outlet.

Traditional stream alteration work was done for flood hazard reduction and relied heavily on engineered channels based on straight, clean (i.e., low hydraulic resistance) channel models. Today's water and flood protection districts are faced with the high maintenance costs of these previously-developed systems, particularly in areas subject to freshwater or tidal sediment deposition. In the development of older flood protection systems, vegetated riparian corridors, wetlands, and system stability were not considered to the extent they are today.

Current District Board of Directors Ends Policies call for a balance between public health and safety and protection of natural resource benefits (Board of Directors Policy No. E-1.1.2.2). This balancing has changed the way the District now views the issue of watershed management and its role as a steward of aquatic environmental resources.

Under Board of Directors Ends Policies, the District will manage activities to be reflective of stewardship of watersheds and riparian corridors, while proactively complying with regulatory mandates. The District is committed to understanding the stream corridor, watershed, and landscape as a complex of working ecosystems that influence and are influenced by neighboring ecosystems. Future projects, programs, and initiatives are, and will continue to be, focused on a watershed and ecosystem approach, rather than a facility-by-facility approach.

Examples of such projects and programs that the District is currently involved in include the Watershed Management Initiative (WMI). This collaborative effort is being undertaken by the USEPA, California State Water Resources Control Board (SWRCB), and the RWQCB and is aimed at implementing an integrated watershed management approach to administering water pollution control programs.

The Natural Resources Management Program (NRMP) is an ongoing project that will consolidate acquisition of natural resource data and provide for the development and implementation of natural resource management plans in support of integrated water resource management. This project will develop a Districtwide strategy to identify and resolve sensitive resource issues.

The District has developed a mitigation approach for the Stream Maintenance Program that incorporates the restoration and protection of stream environments, as detailed in Chapter 5. The District will continue to look for opportunities to implement a watershed approach and to support and implement restoration efforts.

The District explores opportunities to reduce sediment loads through watershed management and restoration. The District is committed to improving the flood management system so that flood protection is provided in an efficient manner and in ways no more costly than necessary. One way to achieve this is by reducing the frequency that sediment removal activities must occur. Alternative approaches in the development of flood protection facilities can result in the reduction, if not the complete elimination, of maintenance requirements. The Stream Maintenance Program addresses routine maintenance activities only and does not involve redesign of such facilities. However, the Stream Maintenance Program provides a means by which new CIPs can be compared to the Stream Maintenance Program, adjustments made, and then new maintenance incorporated into the program, as described in in Chapter 2.

In addition, sediment loads could potentially be reduced through a larger watershed approach and the restoration of natural systems in the area. It is important to consider the relative value of sediment reduction projects within the District's watersheds.

Sediment transport characteristics of streams and rivers are affected by many natural and human-induced agents and physical processes. The most significant agents include the local geology, regional seismicity, tidal processes, past subsidence in the region, a rising sea level, changes in land use in the watersheds and floodplains, urbanization, channel improvement projects, sediment accumulation from tidal and terrestrial sources, and bridge constrictions. All of these agents contribute to decreasing channel capacity with time and increasing annual maintenance requirements to meet present and future levels of flood protection (Northwest Hydraulic Consultants 2000).

In addition to the effect on channel capacity, increased sediment over natural conditions or sediment deposition at different life stages can negatively affect aquatic communities by clogging fish gills and suffocating eggs and aquatic insect larvae. In addition, if fine sediment settles within bottom gravels or cobbles where fish lay eggs, spawning can be negatively affected. Sediment intrusion can reduce permeability and intragravel water velocities, thereby restricting the supply of oxygenated water to developing embryos. Excessive fine sediment deposition can effectively smother incubating eggs.

In-stream sediments are used as nesting and spawning grounds for fish and habitat for bottom dwelling aquatic invertebrates, vertebrates, and plants. However, larger particle size and a low embeddedness and compaction are essential to provide appropriate habitat. These characteristics ensure adequate water flow through the sediment/gravel spaces to fully oxygenate incubating eggs and hatched larvae.

It is commonly implied that oversizing of the channel is the cause of sedimentation. However, the dominant cause of sedimentation is of a regional natural basis. Sediment deposition is primarily controlled by channel slope. Sedimentation occurs where the stream gradient flattens out in the valley floor, or where the gradient is flat over long reaches. Channel excavation provides temporary improvement of flood conveyance. However, maintaining flood capacity will require continuing excavation in perpetuity. Recognizing that sediment will continue to accumulate, future project designs should be developed to be compatible with aggrading channel dynamics. This includes programs to manage sediment production and delivery to streams and channels.

Restoration efforts may be useful for controlling loads of sediment and sediment-associated pollutants from the watershed to streams. Restoration is defined as the reestablishment of the structure and function of ecosystems (National Research Council 1992). Ecological restoration is the process of returning an ecosystem as closely as possible to predisturbance conditions and functions (Federal Interagency Stream Restoration Working Group 1998). Implicit in this definition is that ecosystems are naturally dynamic; therefore, it is not possible to restore a system exactly. The restoration process reestablishes the general structure, function, and dynamic self-sustaining behavior of the ecosystem. Successful restoration of degraded streams requires an understanding of watershed history, including both natural events and land use practices, and the adjustment process active in channel evolution (Federal Interagency Stream Restoration Working Group 1998).

Restoration efforts may range from efforts to reduce upland erosion to treatments that reduce sediment delivery through the riparian zone. To achieve success, restoration design and implementation must treat the stream corridor, watershed, and landscape as a complex of working ecosystems that influence and are influenced by neighboring ecosystems.

Future restoration efforts will require capital improvements or the approval of a specific restoration project. While the District is dedicated toward these efforts, the Stream Maintenance Program does not identify or commit to specific restoration projects. The planning and implementation process for restoration projects will be ongoing.

Regardless of the extent of future restoration efforts, the District remains committed to maintaining flood capacity within its system in the present and must have the ability to conduct stream maintenance within the existing system for the foreseeable future. For this reason, the Stream Maintenance Program and the ongoing implementation of maintenance projects is required regardless of future restoration guidelines. However, it is acknowledged that future stream maintenance requirements may be reduced (specifically sediment removal requirements) with the successful implementation of restoration efforts. These efforts will include working with local governments to ensure planned land uses and land use guidelines do not conflict with flood protection mandates.

C. PROTECTION OF LISTED SPECIES AND SPECIES OF CONCERN

Policy 5: The District will implement measures to avoid and minimize impacts to native species, especially special-status and riparian-dependent species.

Discussion of Policy 5

Removal of sediment and vegetation management in streams using mechanical equipment (e.g., excavators, drag lines, bulldozers, loaders) and installation of bank protection measures using mechanical equipment (e.g., excavators, dozers, concrete pump trucks) can result in a direct take of listed species, including habitat degradation and habitat loss. Species of concern are affected in a similar manner as listed species; however, "take" has a specific legal definition and applicability to listed species.

This policy is directed at avoiding and minimizing impacts to listed species and species of concern. Issues related to maintenance site dewatering are specifically addressed in "Maintenance Site Dewatering" below.

Project-specific resource protection measures, including alterations of stream maintenance project timing, project implementation practices, special design considerations, or other BMPs will be selected as appropriate for each site. These measures will be attached to the Work Order for individual stream maintenance projects through the environmental review protocol described in Chapter 3 of the Stream Maintenance Program.

If stream maintenance activities are within an area of known or likely listed species or special-status species occurrence, the District will avoid stream maintenance activities during breeding or nesting seasons, migration periods, or other sensitive seasons. Work may occur during these seasons (exclusive of fisheries), if preconstruction surveys conducted according to species protocols do not find sensitive resources or if an adequate buffer can be established between maintenance activities and the resources. All work in an area where sensitive species are present must comply with adopted HCPs. Absent such plans, work must be approved by all applicable regulatory agencies with species and permit oversight.

For stream maintenance activities that may affect the breeding or nesting period of migratory birds (generally February 1 to August 31), the District will conduct its work in a manner consistent with the protocols established by the most current version of the Nesting Migratory Bird Procedure (Appendix C).

In addition, the District is currently developing informational pamphlets entitled "Sensitive Plants, Wildlife, and Fish at your Worksite," which are designed to inform staff about sensitive species and environmental protocols and procedures.

D. FISHERIES PROTECTION AND ENHANCEMENT

Policy 6: The District is committed to protecting fishery resources when technically feasible and economically reasonable when individual stream maintenance projects are implemented.

Discussion of Policy 6

The streams of Santa Clara County harbor a number of migratory fish species. The regular anadromous fish species include steelhead (Oncorhynchus mykiss) and Pacific lamprey (Lampetra tridentata). Recent records of chinook salmon (O. tshawtscha) also exist. Of these species, the steelhead are considered sensitive due to their known occurrence and recognition by regulatory agencies.

Steelhead occur in many of the streams of the South San Francisco Bay including, but not necessarily limited to, the Guadalupe River, Coyote Creek, Stevens Creek, and San Francisquito Creek. Steelhead also occur in the tributaries of the Pajaro River System, including Uvas/Carnadero Creek, Llagas Creek, and Pacheco Creek. Regular upstream migration occurs typically in winter through early-mid spring (from mid/late December through early April), although estaurine areas may have upstream migrants earlier. Although no recent data exists, there may be some holdover out-migration as observed in other systems which may occur in the fall with the earliest storms.

Other, more localized movements may occur among resident species of fish. These species may make short-range movements within a system. This typically occurs during spring, fall, and winter. Breeding for a broad component of resident fish typically occurs from late winter through spring (February to May).

Installation of cofferdams and water bypass structures to isolate the work can create barriers to sensitive anadromous fish species. Cofferdams and water bypass structures are often required to create a work environment outside of stream flow to ensure that excessive erosion and sedimentation does not affect water quality and habitat value.

In addition, installation of bank protection measures using mechanical equipment (e.g., excavators, dozers, concrete pump trucks) can result in the loss of undercut banks, which provide important habitat for fish, including sensitive anadromous species.

Policy 6 is directed at ensuring that these potential impacts to fisheries do not occur and that opportunities for fisheries enhancement are realized. The District will look for cost-effective opportunities to enhance fishery resources.

Potential impacts to steelhead will be avoided by timing stream maintenance projects in streams where there are or could be steelhead so that work is conducted outside of the migration and spawning season. Steelhead migration and spawning season is generally between December 15 to June 30.

If fisheries or native aquatic vertebrates are present, a fish and native aquatic vertebrate relocation plan will be implemented when cofferdams, water bypass structures, and silt barriers are installed to ensure that fish and native aquatic vertebrates are not stranded. The District's most current version of the fish relocation guidelines at the time of this publication are provided in Appendix D.

The District will allow undercut banks to remain in place for fish habitat, as long as they remain stable and do not endanger the public.

E. MAINTENANCE SITE DEWATERING

Policy 7: The District will take measures to reduce increases in short-term stream turbidity that can result from stream maintenance activities.

Discussion of Policy 7

Sediment removal and bank protection activities can require the installation of cofferdams and water bypass structures (such as berms) to isolate the work area from flowing water. If improperly managed, the installation and removal of water bypass structures, channels, and silt barriers can create or increase turbidity (water cloudiness) in the stream in the short term, which can negatively affect aquatic resources, including sensitive species. Once dewatering structures are installed and removed, the turbidity levels return to normal background levels.

Short-term increased turbidity can increase water temperature and decrease dissolved oxygen (DO). Water temperature is a crucial factor in the stream environment because temperature governs many biochemical and physiological processes in cold-blooded aquatic organisms. In addition, increases in temperature can reduce DO. DO is a basic requirement for a healthy aquatic ecosystem as most fish and aquatic insects 'breath' oxygen dissolved in the water column. DO is essential not only to keep aquatic organisms alive but also to sustain their reproduction, vigor, and development. Potential species' impacts that could result from increases in turbidity include both direct take and habitat degradation.

This policy is directed at minimizing and avoiding increases in-stream turbidity attributable to stream maintenance projects. Increases in turbidity can result from actual maintenance activities directly, from the installation of cofferdams and water bypass structures to isolate the work area, and from the reintroduction of bypassed flows to dewatered areas.

To the extent feasible, stream maintenance activities will not occur in live stream flow. If flowing water is present at the proposed maintenance area, the District will isolate the work area through the best use of cofferdams, berms, or bypass systems. For example, cofferdams would not be the appropriate dewatering method at sites where the removal of sediment is small, such as at the inlet or outlet of culverts. In such an instance, the dewatering system would create more turbidity than the actual sediment removal.

In tidal areas, cofferdams and water bypass structures will be installed at low tide when possible. This measure may not be possible when the cofferdam or other structure is large and requires an extended installation period.

Bypassed water will be discharged in a nonerosive manner. Specific project implementation measures may include the use of geotextile fabrics as a splash apron, silt fences, straw bale barriers, sand bag barriers, brush or rock filters, sediment basins, or sediment traps. When bypassed flows are reintroduced to dewatered areas, they will be reintroduced in a nonerosive manner. For example, bypassed flows could be slowly reintroduced into the dewatered area by leaving a silt barrier in place to allow water to slow and drop sediment to the extent possible.

To prevent increases in temperature and decreases in DO, if bypass pipes are used, they shall be properly sized (i.e., larger diameter pipes to better pass the flows). Bypass pipes may also be avoided by creating a low-flow channel or using other methods to isolate work area.

If fisheries or native aquatic vertebrates are present, a fish and native aquatic vertebrate relocation plan will be implemented when cofferdams, water bypasss structures, and silt barriers are installed to ensure that fish and native aquatic vertebrates are not stranded.


F. MINIMIZATION OF EROSION

Policy 8: Vegetation control and removal will be minimized to the extent practicable. Where appropriate, measures will be taken to leave the work site in a vegetated condition after individual projects are implemented.

Discussion of Policy 8

Vegetation control and removal on slopes of levees and maintenance roads, via herbicides or mowing, can exacerbate erosion and sediment accumulation. This policy is directed at minimizing vegetation removal and ensuring that appropriate revegetation and erosion protection measures are implemented.

Vegetation control and removal along levees and maintenance roads will be limited to removal necessary for facility inspection purposes, removal that is necessary to meet regulatory requirements, removal that is required to comply with fire codes, and removal that is required to meet capacity requirements.

If maintenance work leaves slopes in a bare soil condition, the District will plant slopes with native vegetation through hydroseeding or other vegetation methods as identified as appropriate in the Maintenance Guidelines.

G. PRESERVATION AND REPLACEMENT OF RIPARIAN AND SHADED RIVERINE HABITAT

Policy 9: The District will avoid and minimize impacts to the quality and extent of riparian and Shaded Riverine Aquatic (SRA) habitat.

Discussion of Policy 9

Mechanical removal of vegetation and sediment within stream corridors and along levees and depressed access roads can result in the removal of riparian and SRA habitat and the stripping of vegetation from channel banks. SRA habitat is the aquatic area occurring along the edge of a channel or stream where the adjacent bank is composed of natural materials and supports riparian vegetation that overhangs or protrudes into the water. SRA habitat provides important habitat for fish, including sensitive anadromous species. Removal of SRA habitat can cause the increase in a stream's temperature and an associated decrease in DO. The installation of bank protection measures using excavators, dozers, and other equipment can also result in the removal of riparian habitat.

This policy is aimed at preserving and replacing riparian and SRA habitat when implementing routine stream maintenance activities.

Project-specific measures will be identified through the resource protection protocol detailed in Chapter 3 to avoid and minimize impacts of individual stream maintenance projects on the value and extent of riparian and SRA habitat.

The District will utilize biotechnical bank protection methods where appropriate that allow restoration of riparian streambank vegetation and SRA habitat. Projects where bank protection is to be performed will be evaluated for the most appropriate repair method possible given the characteristics of the site. Bank protection methods used by the District are provided in Appendix F.

Areas that must be temporarily cleared for access to routine stream maintenance project sites will be seeded as appropriate for the site. Woody material will be retained unless it is threatening a structure, results in flood capacity deficiencies, or impedes reasonable access. When retention will not compromise flood management system reliability, woody vegetation will be left in the channel to maintain SRA habitat. When woody material is removed, priority will be given to reuse of the materials in bank protection projects. Woody materials may also be used as mulch.

H. WETLANDS PROTECTION

Policy 10: When wetlands must be removed or have the potential to be negatively affected in order to restore flood capacity, work will be limited to that defined by the Maintenance Guidelines.

Discussion of Policy 10

Mechanical removal of sediment and vegetation from streams using in-stream equipment (e.g., excavators, drag lines, bulldozers, loaders) can result in a loss of tidal and nontidal wetland habitat. In addition, vegetation control activities can negatively affect these wetland habitats. This policy is provided to minimize impacts to wetland habitats related to routine maintenance activities.

No wetlands will be affected over and above what is required to restore the design capacity of the stream or the proper function of structures and facilities within the stream corridor. The District will try to avoid or minimize impacts to the quality and extent of wetland habitat in all stream maintenance activities.

Project-specific measures will be identified and implemented for each individual stream maintenance project that requires removal of wetland vegetation (and other direct or indirect impacts) to minimize the extent and negative effects of the maintenance activities.

The District will use biotechnical bank protection methods where appropriate and consistent wit