U.S. Dept. of the Army - Uvas Creek Park Preserve Permit
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DEPARTMENT OF THE ARMY
SAN FRANCISCO DISTRICT. CORPS OF ENGINEERS
211 MAIN STREET
SAN FRANCISCO. CALIFORNIA 94105-1905
Regulatory Branch
SUBJECT: File No. 19613S92
It\PR ,6 1995.
Mr. William Headley
City of Gilroy
Parks and Recreation Dep"artment
7351 Rosanna Street
Gilroy, California 95020-6141
Dear Mr. Headley:
Enclosed is your signed copy of a Department of the Army permit (encl 1) authorizing the
City of Gilroy to construct a low-flow channel and restore riparian habitat along Uvas Creek,
located in the Uvas Creek Park Preserve, Santa Clara County, California.
Please complete the appropriate parts of the "Notice to Permittee II form (encl2), and return it
to this office. You are responsible for ensuring the contractor or workers executing the
authorized work are knowledgeable with the terms and conditions of this permit and the "Notice
of Authorization, II ENG Form 4336 (encl3), is posted in a conspicuous place at the site prior to
the start of work.
Sincerely,
~0i\~,~1~\_rQ/^
Michael J. Walsh
Lieutenant Colonel, Corps of Engineers
District Engineer
Enclosures
Copy Furnished (w/encll):
US F&WS, Sacramento, CA
US EP A, San Francisco, CA
US NMFS, Santa Rosa, CA
CA F&G, Y ountville, CA
CARWQCB, San Luis Obispo, CA
.
DEP ARTMENT OF THE ARMY PERMIT
\
Permittee: City of Gilrov
Permit No: 19613892
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Issuing Office: San Francisco District
NOTE. The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The permittee is authorized to construct a 3,800-foot long meandering low-flow channel,
portions of which occur below ordinary high water (OHW) of the existing creek, and other associated work to
improve steelhead migration and enhance fisheries spawning habitat in the Uvas Creek Park Preserve. Authorized
work includes the following activities: (a) Incidental discharges associated with excavation work below OHW to
construct the low-flow channel, requiring the removal of approximately 8,318 cubic yards of material from 3.32
acres of the existing creekbed and 0.04 acres of perennial wetlands; (b) Reconstruction of the streambanks and
incorporation of rock-root wad revetments along the outside meander bends, requiring the discharge of approxi-
mately 87 cubic yards offill material below OHW; (c) Construction of vortex weirs between each meander bend,
requiring the placement of approximately 111 cubic yards of native rock (2 to 3-foot diameter) below OHW; (d)
Construction of two bridge crossings, requiring the discharge of approximately 2,308 cubic yards of fill material
and 33 cubic yards of concrete below OHW; and (e) Construction of a pathway, requiring the discharge of
approximately 2,008 cubic yards offill material into 0.07 acres of seasonal wetlands adjacent to the creek. This work
will be performed in accordance with the attached drawings labeled: "PROPOSED CREEK RESTORATION,
IN UAVAS CREEK, AT UVAS CREEK PARK PRESERVE, COUNTY OF SANTA CLARA, CALIFORNIA,
APPLICATION BY CITY OF GILROY," in fifteen sheets dated 29 April 1994.
Project Location:
Uvas Creek, between Santa Teresa Boulevard and Miller Avenue, in Uvas Creek Park Preserve, City of Gilroy,
Santa Clara County, California.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on 1 Januarv 2002. If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one
month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the
authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit
from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
ENG FORM 1721, Nav 86
EDITION OF SEP B2 IS OBSOLETE
1
(33 CFR 325 (Appendix A))
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains
such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions: Refer to Page 2A for special conditions to Permit No. 19613S92.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Govemment does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from
natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
2
SPECIAL CONDITIONS TO PERMIT NO. 19613S92
1. Prior to commencement of any construction work, the required permit shall be obtained from the Santa Clara Valley
Water District and submitted to the Corps of Engineers (Corps) for informational purposes.
2. Prior to commencement of any construction work, appropriate backwater analyses shall be performed and
submitted to the Corps for review to verify that the project will not significantly reduce the hydraulic capacity of the
Federal flood-control channel.
3. Grading operations shall not result in any steepening of the levee embankment. Any existing slope protection on the
levee which may be affected by grading operations shall be restored to the original design requirements.
4. To protect fishery resources and water quality, construction scheduling shall comply with any
seasonal work restrictions for the creekbed identified by the Department ofFish and Game in a Streambed Alteration
Agreement.
5. To ensure protection of the red-legged frog (proposed for listing as threatened), a 25-foot wide fenced buffer area
shall be maintained around the pond habitat area during grading operations occurring in the summer months. If grading
operations extend into the fall, the buffer area shall be expanded to 50 feet either by November 1 or at the onset of rains,
whichever comes first.
6. Monitoring of the low-flow channel and revegetation areas shall be conducted for a minimum offive (5) years after
project completion, as prescribed in the Uvas Creek Park Preserve Detailed Habitat Mitigation and Monitoring Plan,
dated 20 December 1993, prepared by the Habitat Restoration Group and Beals Landscape Architecture. Annual
monitoring reports shall be distributed to the following agencies for review and comment, concurrent with the Corps'
receipt of this information:
a. U.S. Army Corps of Engineers, San Francisco District, Regulatory Branch, 211 Main Street, San Francisco,
CA 94105-1905
b. U.S. Fish and Wildlife Service, Ecological Services, Room E-1803, 2800 Cottage Way, Sacramento, CA
95825-1846
c. National Marine Fisheries Service, 777 Sonoma Avenue, Room 325, Santa Rosa, CA 95404
d. U. S. Environmental Protection Agency, Region IX, Attn: W -7 -2, 75 Hawthorne Street, San Francisco,
California 94105
e. California Department ofFish and Game, Region III, P. O. Box 47, Y ountville, California 94559
-2A-
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to
the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the follow-
ing:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incom-
plete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public
interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requir-
ing you to comply with the terms and conditions of your permit and for the initiation of legal action where
appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply
with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this
permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevalua-
tion of the public interest decision, the Corps will normally give favorable consideration to a request for an extension
of this time limit.
at you accept and agree to comply with the terms and conditions of
......
;j - / .3 -9 S-
(Date)
This permit becomes effective when the Federal official, designated to act for the Secretary ofthe Army, has signed below.
4'
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J\, IV-.Ji
alsh
(Date)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(Transferee)
(Date)
3
state of California
County of Santa Clara
On April 13, 1995 before me, Susanne E. Steinmetz, City Clerk,
JAY BAKSA, City Administrator
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they in his/her/their
authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my
SOSANNE E. STEINMETZ,
per GC Sec. 40814; CC
Y of Gilroy
(This area for official city seal)
Susanne E. Steinmetz, City Clerk
o:ty of Giiroy, County of Santa Clara
State of California per Civil Cede Sec. l' 61
Government Code Sec. 4081.1l-
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VICINITY MAP
Name of Project: Uvas Creek Park Preserve
FHe No. 19613592
Pmpose: Creek and Fishery
Enhancement
Adjacent Property Owners:
1. SEE ATTACHED LIST
No. 19613592
FIGURE NO. ~
In: Gilroy
At: Miller Rd. and Santa Teresa Blvd.
COunty of: Santa Clara Slate: Calif.
Application by: City of Gilroy
Sheet 1 of 1'5 Date: 22 DEC 93
No. 19613592
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Name of Project: Uvas Creek Park Preserve
File No. 19613S92
Purpose: Creek and Fishery
Enhancement
Adjacent Property Owners:
1. SEE ATTACHED LIST
FIGURE NO.-1-
In: Gilroy
At: Miller Rd. and Santa Teresa Blvd.
County of: Santa Clara State: Calif.
Application by: City of Gilroy
Sheet '3 of 15 Date: 29 APR 94
No. 19613592
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Name of Project: Uvas Creek Park Preserve
File No. 19613S92
Purpose: Creek and Fishery
Enhancement
Adjacent Property Owners:
1. SEE ATTACHED LIST
FIGURE NO.--1L-
In: Gilroy
At: Miller Rd. and Santa Teresa Blvd.
County of: Santa Clara State: Calif.
Application by: City of Gilroy
Sheet 5 of /5 Date: 29 APR 94
No. 19613592
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Name of Project: Uvas Creek Park Preserve
File No. 19613592
purpose: Creek and Fishery
Enhancement
Adjacent Property Owners:
1. SEE AlTACHED LIST
FIGURE NO...!.:2.-
In: Gilroy
At: Miller Rd. and Santa Teresa Blvd.
County of: Santa Clara State: Calif.
Application by: City of Gilroy
Sheet 7 of 15
Date: 29 APR 94
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Name of Project: Uvas Creek Park Preserve
File No. 19613S92
purpose: Creek and Fishery
Enhancement
Adjacent Property Owners:
1. SEE ATTACHED LIST
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At: Miller Rd. and Santa Teresa Blvd.
County of: Santa Clara State: Calif.
Application by: City of Gilroy
Sheet Cf of /5 Date: 29 APR 94
No. 19613592
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File No. 19613S92
purpose: Creek and Fishery
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Adjacent Property Owners:
1. SEE ATTACHED LIST
FIGURE NO. ..l.:L
In: Gilroy
At: Miller Rd. and Santa Teresa Blvd.
County of: Santa Clara State: Calif.
Application by: City of Gilroy
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No. 19613S92
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:~.LOW FLOW. .BRIDGE CROSSING
Name of Project: Uvas Creek Park Preserve
File No. 19613S92
purpose: Creek and Fishery
Enhancement
Adjacent Property Owners:
1. SEE ATTACHED LIST
FIGURE NO. ..J.L
In: Gilroy
At: Miller Rd. and Santa Teresa Blvd.
County of: Santa Clara State: Calif.
Application by: City of Gilroy
Sheet 13 of 15
Date: 5 MAR 94
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NOTICE TO PERMITTEE
Please use the forms below to report the dates when you start and fmish the work authorized by the enclosed permit. Also if you suspend
work for an extended period of time, use the forms below to report the dates you suspended and resumed work. The second copy is for
your records. If you find that you cannot complete the work within the time granted by the permit, please apply for a time extension at
least one month before your permit expires. If you materially change the plan or scope of the work, it will be necessary for you to
submit new drawings and a request for a modification of your permit.
(cut out as needed) ----------------------------------------------------------------------------------------------------------------------------------------------
Date:
NOTICE OF COMPLETION OF WORK under Department of the Army permit No. -019613-0S-92
TO: District Engineer, US Army Corps of Engineers, Regulatory Branch, 211 Main Street, San Francisco, CA 94105
In compliance with the conditions of the permit dated 28 April 1995 to construct meandering low-flow channel in Uvas Creek, this is to
notify you that the work was completed on
Permittee: City of Gilroy
Address: Parks and Recreation Department, 7351 Rosanna Street, Gilroy, CA 95020 6141
-----------------------------------------------------------------------------------------------------------------------------------------------...----------------------
Date:
NOTICE OF RESUMPTION OF WORK under Department of the Army permit No. -019613-0S-92
TO: District Engineer, US Army Corps of Engineers, Regulatory Branch, 211 Main Street, San Francisco, CA 94105
In compliance with the conditions of the permit dated 28 April 1995 to construct meandering low-flow channel in Uvas Creek, this is to
notify you that work was resumed on
Permittee: City of Gilroy
Address: Parks and Recreation Department, 7351 Rosanna Street, Gilroy, CA 95020 6141
------------------------------------------------------...---------------------------------------------------------------------------------------------------------------
Date:
NOTICE OF SUSPENSION OF WORK under Department of the Army permit No. -019613-0S-92
TO: District Engineer, US Army Corps of Engineers, Regulatory Branch, 211 Main Street, San Francisco, CA 94105
In compliance with the conditions of the permit dated 28 April 1995 to construct meandering low-flow channel in Uvas Creek, this is to
notify you that work was suspended on
Permittee: City of Gilroy
Address: Parks and Recreation Department, 7351 Rosanna Street, Gilroy, CA 95020 6141
Date:
NOTICE OF COMMENCEMENT OF WORK work under Department of the Army permit No. -019613-0S-92
TO: District Engineer, US Army Corps of Engineers, Regulatory Branch, 211 Main Street, San Francisco, CA 94105
In compliance with the conditions of the permit dated 28 April 1995 to construct meandering low-flow channel in Uvas Creek, this is to
notify you that work was commenced on
Permittee: City of Gilroy
Address: Parks and Recreation Department, 7351 Rosanna Street, Gilroy, CA 95020 6141
..
rrwiI This notice of authorization must be
~ conspicuously displayed at the site of work.
United States Army Corps of Engineers
1~
A permit to Go\"\~'c..<.J("J 0. l'f'~~\('1 \....~1.'1. UNJ..1 r:.kl'.f~~ \1\ U\J/l"'::) COeel
at L~v<n"":> CPE'~l ~l ~-"::x?.R "e-
has been issued to elk" OIt' G\ lrol.\ on (jg ~\ \ 1 ffo/S
Address of Permittee &t-::>,...J ~~~Mia-\ ~r~, -r?Y51 ~~S\."a ~,
Cii\l"..:.t-1/C~ qE:D~
Permit Number
I i96> t3t;,'1?
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,M..IC:HA.E.L j. 'N~
District Commander
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ENG FORM 4336 . Jul 81 (33 CFR 320-330) EDITION OF JUL 70 MAY BE USED
(Proponent: CECW.O)