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Consulting Services Agreement between City of San Leandro and Exhibit A GPA Consulting for Environmental Services for Lake Chabot Road Erosion Repairs Page 9 of 11 Task 6.6: Regulatory Permitting • Section 404 of the Clean Water Act regulates and authorizes the USACE to issue permits for the discharge of dredged or fill materials into waters of the U.S.. San Leandro Creek is a natural waterway and is expected to be considered jurisdictional by the USACE as waters of the United States. It is expected that the project will fall within the scope of the 2021 USACE Nationwide Permits. • The Clean Water Act provides the RWQCB with jurisdiction over waters of the state. The RWQCB typically takes jurisdiction over all surface and groundwaters in the state of California; therefore, San Leandro Creek is also considered waters of the state. Section 401 of the Clean Water Act requires applicants acquiring permits from the USACE under Section 404 obtain a Water Quality Certification from the RWQCB for the state in which the discharge originates. • Section 1602 of the Fish and Game Code requires submittal of a Streambed Alteration Notification to the CDFW for any activity that may substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake. Streams are defined by the presence of a channel bed and banks and at least an intermittent flow of water; therefore, San Leandro Creek is expected to fall under the jurisdiction of the CDFW. The CDFW reviews the proposed actions and, if necessary, submits to the applicant a proposal for measures to protect affected fish and wildlife resources. The final proposal that is mutually agreed upon by CDFW and the applicant is the Streambed Alteration Agreement. • If work is required within the jurisdictional limits of the San Leandro Creek corridor, permit applications will be prepared and coordinated with the regulatory permitting process as needed for agency approvals. Regulatory permit notifications/applications will include a brief description of the project, potential impacts, measures to minimize impacts, and other pertinent project information, as required by the regulatory agencies. City coordination will be required to provide project design information needed to prepare the required application packages for USACE, RWQCB, and CDFW. All permit applications will be submitted via the format required by each respective agency. Task 6.6 Deliverables: One electronic copy of the 404 and 401 notification/application packages, and one electronic copy of the 1602 notification/application package with submittal of the 1602 package through the CDFW EPIMS online database Task 6.7: Resource Protection and Mitigation Planning • The project may require tree and vegetation removal and other temporary impacts within jurisdictional areas. For temporary vegetation removal, regulatory agencies typically require an on-site revegetation plan to support the regulatory application packages. In addition, for tree removal the CDFW typically requires a Tree Protection Plan. If the project requires vegetation and/or tree removals, a Temporary Impacts Revegetation Plan and Tree Protection Plan to support the regulatory permitting process will be prepared. Task 6.7.1: Temporary Impacts Revegetation Plan • A Temporary Impacts Restoration/Revegetation Plan (Revegetation Plan) will be prepared detailing the revegetation activities to be completed following temporary impacts on jurisdictional areas, including wetlands and riparian habitats, during construction of the project. If warranted, a site visit will be coordinated with the regulatory agencies to facilitate the process • The Revegetation Plan will outline the proposed restoration methodology, timing, plant palette, success criteria, invasive species control, site stabilization, performance standards, maintenance requirements, and monitoring requirements/timing. The Revegetation Plan will include an assessment of existing conditions within the proposed restoration areas; a summary of prior management activities; the qualitative/quantitative monitoring data related to proposed success criteria; any recorded observations or signs of listed or proposed species within proposed restoration areas; revegetation area map; and a summary of any problems encountered during management and/or monitoring and remedial measures Docusign Envelope ID: 78E72B1A-FA71-4376-9F02-D7D222FBE69F