Agmt14 Environmental Science Associates

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With respect to regulatory and resource agency permit requirements, the report shall summarize the expected permits needed for each set of modifications, including identification of the local, state, and federal agencies which are expected to exercise jurisdiction over particular project elements, an estimate of the permitting costs and timelines, and the anticipated level of difficuity of obtaining regulatory permits for each modification considered. The report shall also identify those technical studies needed to support the acquisition of regulatory agency permits and approvals, as specific to each set of modifications. Based on our understanding of the proposed project, the following agencies are expected to regulate lagoon modifications and long term lagoon maintenance programs: U.S. Arrny Corps of Engineers, Regional Water Quality Control Board, California Department of Fish and Wildlife, and Bay Conservation Development(BCDC). In addition, the regulatory permitting discussion shall address other relevant factors related to regulatory permitting, but often overlooked. These may include addressing potential impacts to cultural resources (and compliance with the National Historic Preservation Act), potential impacts to listed sensitive species (and compliance with the State and Federal Endangered Species Acts), potential need for a California State Lands Commission lease for work in public trust lands of the State (if present), the implications of project review under the California Environmental Quality Act, the public involvement process under CEQA and certain regulatory permits, the like►y avoidance and minimization measures to be required by permitting (such as seasonal work windows, prescribed construction methods, and biological surveys and/or monitoring), and the anticipated compensatory mitigation measures and their associated costs or other long term commitments. The report shall provide conceptual/planning level cost estimates and implementation schedules for each of the proposed modifications, including construction and future operations and maintenance. To inform the evaluation of future operations and maintenance, the Consultant shall assess the potential impacts of modifications on sedimentation rates. The report shall also include timelines for application through acquisition of permits,for both lagoon modifications and associated maintenance programs. The Consultant shall deliver a Preliminary Engineering Report which includes revised versions of the technical memoranda delivered for Tasks 1-3. In addition,the proposed modifications shall be assessed at a conceptual level of design for costs and permitting. Task 5 Prepare Lagoon Maintenance Program Following the identification of a recommended set of lagoon modifications by the City, the Consultant shall develop a Lagoon Maintenance Program, which recommends a schedule and budget for capital improvements to the Lagoon as well as ongoing operations and maintenance with the existing infrastructure and any newly proposed infrastructure. In this program, the Consultant shall refine and expand upon the Task 4 descriptions, cost estimates, and permitting assessments for the modifications that are selected for implementation. Included in the cost estimates and required steps for maintenance would be the specific regulatory permits necessary to address routine maintenance activities over the long term. Routine maintenance permits are often distinct from construction-related permits, in both the type of information required and the mitigation required. Routine maintenance permits typically establish "baseline conditions" as well as the thresholds at which maintenance is triggered. Routine maintenance permits often prescribe an REV:04-09-14 VR Page 14 of 16 ATTY/AGR.2014,048/ESA_88464