HomeMy WebLinkAboutWSA-WVWD_Amend01-Agr16-256-WestValleyWaterDistrictSpreadTreatedWaterCactusBasin02REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
June 13, 2017
FROM: GERRY NEWCOMBE, Director
Flood Control District
AMENDMENT TO AGREEMENT WITH WEST VALLEY WATER DISTRICT TO
SPREAD TREATED WATER IN CACTUS BASIN NO. 2
Acting as the governing body of the San Bernardino County Flood Control District (District)
approve Amendment No. 1 to Agreement No. 16-256 with West Valley Water District to allow
West Valley Water District to increase the annual amount of water to be spread in District's
Cactus Basin No. 2 from 128 acre feet to 800 acre feet per year for the period of June 27, 2017 to
May 24, 2021.
(Presenter: Gerry Newcombe, Director, 387-7906)
I in a Fiscally -Responsible and Business -Like Manner.
County Goals and Objectives by Working with Other Agencies.
Approval of this item will not result in the use of any Discretionary General Funding (Net County
Cost). In accordance with Agreement 16-256, the District receives annual payments at the rate of
$20.00 per acre foot of treated water (Water) for West Valley Water District's (WVWD's) use of
District's Cactus Basin No. 2 (Basin 2) for Water spreading activities. The rate of the annual
payments will remain unchanged under this amendment. Sufficient revenue has been included in
the District's 2017-18 budget (RFF-092-AP22011022) and will be included in future
recommended budgets.
Agreement No. 16-256 (Item No. 189) was approved by the Board on May 24, 2016 for a 60
month term and is set to expire on May 24, 2021. Agreement No. 16-256 allowed WVWD to
spread Water on an ongoing basis, with an initial amount of 400 acre feet during the start-up
phase and an annual amount not to exceed 128 acre feet per year.
Under Agreement No. 16-256, Water is discharged into Basin 2, located near the western edge of
the perchlorate groundwater plume associated with the Rockets, Fireworks, and Flares
Superfund Site. The United States Environmental Protection Agency (USEPA) and the Santa Ana
Page 1 of 2
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ITEM 119 1 DATED: June 13, 2L
AMENDMENT TO AGREEMENT WITH WEST VALLEY WATER DISTRICT
TO SPREAD TREATED WATER IN CACTUS BASIN NO. 2
JUNE 13, 2017
PAGE 2OF2
Regional Water Quality Control Board (SARWQCB) reviewed the Project and found the additional
Water spreading activity by WVWD in Basin 2 would not adversely affect the movement of
contaminated groundwater.
Under this Amendment No. 1 the quantities of Water to be spread will increase to 1200 acre feet
for the period from June 27, 2017 to December 31, 2017, which is the startup period for the
Fixed -Bed Bioreactor perchlorate treatment process, and an amount not to exceed 800 acre feet
per year from January 1, 2018 to May 24, 2021. The USEPA and the SARWQCB have reviewed
the proposed new quantities of Water to be spread and both agencies issued letters dated April
26, 2017, stating that they have no objections to the above referenced amount of Water to be
spread in Basin 2.
This Amendment No. 1 is a cooperative effort between the District and WVWD to facilitate Water
Conservation and Water Quality, therefore, it is consistent with County Goals and Objectives of
Operating in a Fiscally -Responsible and Business -like Manner and that of Working with Other
Agencies.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Sophie A. Akins, Deputy County Counsel, 387-
5455) on May 15, 2017; Finance (Deborah Garth, Administrative Analyst, 387-5426) on May 18,
2017; and County Finance and Administration (Mary Jane Olhasso, Administrative Executive
Officer, 387-4599) on May 18, 2017.
06/13/17 #119
I1
San Bernardino County
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
FOR OFFICIAL USE ONLY
New
Change
Cancel
FAS Vendor Code
c
`��
Dept.
092
A
Contract Number
16-256-Al
❑
ePro Vendor Number
ePro Contract Number
Public Works — Flood Control
Dept. Orgn.
092 092
Contractor's License No.
Contract Representative
Kenneth C. Eke
Telephone
909 387-8120
Total Contract Amount
$79,360
Contract Type
Revenue n Encumbered Unencumbered
11 Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code
Contract Start Date
Upon Effective
Date
Contract End Date
5/24/2021
Original Amount
$12,800
Amendment Amount
$ 66,560
Fund
RFF
Dept.
092
Organization
092
Appr.
Obj/Rev Source
8842
GRC/PROJ/JOB No
AP22016044
Amount
$ 66,560
Fund
Dept.
Organization
Appr.
Obj/Rev Source
GRC/PROD/JOB No.
Amount
$
Fund
Dept.
Organization
Appr.
Obj/Rev Source
GRC/PROD/JOB No.
Amount
Project Name
WEST VALLEY WATER
FY
16/17
17/18
18/19
Estimated Payment
Amount
2,560
16,000
16,000
Total by Fiscal Year
I/D FY Amount I/D
_ 19/20 16,000 _
_ 20/21 16,000 _
DISTRICT
WATER SPREADING
AGREEMENT- AMENDMENT 1
THIS CONTRACT ("Agreement") is entered into in the State of California by and between the San Bernardino County
Flood Control District hereinafter called DISTRICT, and
Name
West Valley Water District hereinafter called WVWD
Address
855 West Baseline Road; P. O. Box 920
Rialto, CA 92377
Telephone Federal ID No. or Social Security No.
(909) 875 — 1804
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, DISTRICT and WVWD have previously entered into a Water Spreading Agreement,
Agreement No. 16-256 (Agreement); and
WHEREAS, DISTRICT and WVWD now desire to amend the Agreement to reflect operational changes
resulting from improvements to the Fixed Bed Bioreactor Perchlorate Destruction Treatment Project (PROJECT)
Auditor-ConVoller/rreasurer/rax Collector Use On/
O Contract Database ❑ FAS
Input Date Keyed By
Page 1 of 3
and to amend certain portions of the Agreement as more specifically set forth in this first amendment (Amendment
1); and
WHEREAS, DISTRICT issued encroachment permit P-22016044, a copy of which is attached hereto as
Exhibit A and incorporated herein by this reference, to WVWD for construction of new improvements for the
PROJECT within DISTRICT's Cactus Basin 2 (BASIN 2); and
WHEREAS, a Technical Memorandum, dated March 3, 2017 prepared by WVWD and incorporated herein
by reference, provides technical data, including groundwater quality, quantity and duration of planned WATER (as
defined in the Agreement) spreading activities in BASIN 2; and
WHEREAS, both the United States Environmental Protection Agency (USEPA) and the Santa Ana
Regional Water Quality Control Board (SARWQCB) reviewed the Technical Memorandum and each agency
issued a letter dated April 26, 2017, copies of which are attached hereto as EXHIBIT B and incorporated herein by
this reference; and
WHEREAS, both USEPA and SARWQCB stated in their respective letters that the additional WATER
spreading activity in BASIN 2 will not adversely affect the movement of the existing perchlorate contaminated
groundwater; and
WHEREAS, such spreading of additional WATER will benefit DISTRICT, since water conservation and
recharge are part of DISTRICT's mission as set forth in the San Bernardino County Flood Control District Act and
this activity has been found by DISTRICT to not interfere with DISTRICT's primary statutory objectives and
purposes to provide for the control of flood and storm waters; and
WHEREAS, DISTRICT and WVWD, in accordance with their respective acts and powers, desire to
cooperate in a program to conserve WATER for the purpose of recharging the underground aquifer within BASIN
2.
NOW, THEREFORE, in consideration of mutual covenants and conditions, DISTRICT and WVWD hereto
agree the Water Spreading Agreement, Agreement No. 16-256, is amended as follows:
1. DELETE in its entirety the existing Paragraph II B and SUBSTITUTE therefore the following as the new
Paragraph II B:
"B) Arrange, deliver and discharge WATER to BASIN 2 in an amount not to exceed twelve hundred
(1200) acre feet of WATER during the period covering June 27, 2017 thru December 31, 2017."
Revised 01/10/2017 Page 2 of 3
2. DELETE in its entirety the existing Paragraph II C and SUBSTITUTE therefore the following as the new
Paragraph II C:
"C) Arrange and deliver discharges for the period covering January 1, 2018 thru May 24, 2021 for an
annual amount not to exceed eight hundred (800) acre feet of WATER into BASIN 2."
3. DELETE in its entirety the existing Paragraph II D and SUBSTITUTE therefore the following as the new
Paragraph II D:
"D) Subject to the volume limitations in paragraphs (B) and (C), above, the monthly discharges into
BASIN 2 shall not exceed a flow rate of two thousand (2,000) gallons per minute or approximately 4.5 cubic
feet per second within a 24 hour period from June 27, 2017 thru May 24, 2021."
4. All other provisions and terms of the Water Spreading Agreement, Agreement No. 16-256, shall remain the
same and are hereby incorporated by reference. In the event of any conflict between the Agreement, and
this First Amendment, the terms and conditions of this First Amendment shall control.
END OF FIRST AMENDMENT.
San Bernardino County Flood Control District
ate- W.
Roberi A. Lovingood, Board Chairman
Dated: pith . ! 7n"' -
Approved as to LLegal�Fonn
Sophie A. 4kjns, Deputy C/ounty Counsel
Date S / ;i,
West Valley Water District
By ► z�
(Authorized signature - sign in blue ink)
Name Matthew H. Litchfield, P.E.
Title General Manager
Dated:
Address 855 W. Baseline Road, P. O. Box 920
Grant C. Mann, P.EE —7
Date � Z-1 /
Rialto, CA 92377
Presented to
Gerry NewcomMe, Director, Public Works
Date S /310 l r,
Revised 01/10/2017 Page 3 of 3
San Bernardino County Flood Control District
825 East Third Street, Room 108
San Bernardino, CA 92415-0835
(909)387-7995 - FAX (909) 387-1858
PERMIT
Permit Issued: April 4, 2017 PermPtExpires: April 4, 2019 File: 2-104/2.04
Permit No: P-22016044
Pennittee: West Valley Water District Filing Fee: NO FEE
855 West Baseline Road Review Fee Deposit $3,0D0.00
Rialto, CA 92377 Inspection Fee Deposit 2$ ,670.00
Contact/Phone: Matthew Litchfield 909-820.3701 TOTAL. 'Actual Cost
Interim General Manager *Review and Inspection fees will be'Actual Cost'
Permit Activity: Install, operate and maintain: 1) a 24-inch potable waterline running parallel to Flood
Control District (District) right-of-way for a continuous distance of approximately 200-feet,
2) a 104nch potable waterline running parallel to District right-of-way in three separate
locations for a combined distance of approximately 123-feet, and 3) a VBN17 concrete
encased electrical duct bank running parallel to District right-of-way for a distance of
approximately 355-feet
Facility: Cactus Basin No. 2
Location: South of Baseline Road and west of Cactus Avenue
City/Community: City of Rialto
1 The proposed permit activity shall be in accordance with the Plans (Exhibit "A"), and the Special, Standard and
General Provisions, all of which are attached and made a part of this permiL
2. AT LEAST 48 HOURS NOTICE SHALL BE GIVEN TO THE DISTRICT BEFORE STARTING ANY WORK
UNDER THIS PERMIT. Contact the District's inspector at (909) 387-8009; failure of notification is cause for
revocation of this permit.
3. This permit, or a cartified copy thereof, shall be kept at the job site throughout the period of operations within
District right-of-way and shall be shown to any District Representative or any law enforcement officer upon
demand. Exercise of this permit shall indicate acceptance of and agreement to comply with all provisions
Included herein. Violation of any provision shall be cause for immediate revocation of permit.
PERMITTEE'S ACCEPTANCE:
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SHEET t OF 8
EXHIBIT "A"
ATTACHED TO
Page 1 of 8
SHEET 2 OF 8
EXHIBIT "A"
ATTACHED TO
SPECIAL PROVISIONS
It shall be the responsibility of the Permittee to adhere to all applicable Federal, State and
local regulatory requirements. The Permittee shall comply with the District's Stormwater
Ordinance 3588 and all applicable National Pollutant Discharge Elimination System
(NPDES) requirements to reduce or eliminate pollution of stormwater discharges into
waters of the United States. In this regard, the Permittee shall utilize best management
practices in the construction and subsequent operation of the permitted activity to prevent
any pollutants (including sediment) from being discharged into any storm drain and/or
channel systems. The Permittee agrees to defend the Flood Control District and, the
County of San Bernardino, and all their officers, employees and agents against any
claims or demands which may arise out of or result from Permittee's construction,
operation, use or activities on District right-of-way. The Permittee shall be liable to
the District for any administrative expenses and/or attorney's fees Incurred in
obtaining compliance with this permit and/or defending any claim for damages
arising out of Permittee's actions described herein.
2. The review and inspection fees for this permit shall be based on the District's Schedule of
Fees Ordinance in effect at the time of District review and/or inspection. The District's
current Schedule of Fees is Ordinance No. 16-01 (copy attached). Upon completion of the
permitted activity, the District will compile all District costs as outlined on the appropriate
Schedule of Fees. /n the event costs exceed the deposit amount, the Permittee will be
billed for the overage and hereby agrees to pay such amount to the District In the
event costs are less than deposit amoun; the excess will be refunded to the
Permittee.
3. Prior to the proposed waterlines and electrical duct bank becoming operational, the
Permittee and the Flood Control District shall amend License Agreement No. 13-229 for
the operation and maintenance of these additional facilities to be installed within District
right-of-way.
4. The Permittee and the Flood Control District shall amend Water Spreading Agreement
No. 16-256 to authorize an increase in the annual discharge of water into Cactus Basin
No. 2 in excess of one hundred twenty eight acre feet prior to the Fixed -Bed Bioreactor
becoming operational.
5. The term of construction activities to be completed under this permit is for two years.
The District will coordinate an extension(s) to the permit term upon receipt of a completed
Flood Control Permit Amendment Application at least thirty days prior to the expiration
date.
6. Once construction activities have been completed, it shall remain the responsibility of the
Permittee to operate and maintain the improvements in perpetuity, provided that
appropriate insurance is maintained at all times, and any other necessary approvals have
been obtained by the Permittee.
7. This permit is valid only to the extent of the Flood Control District's jurisdiction.
Permits or other approvals required by other cognizant agencies or underlying fee owners
of District easement lands shall be the responsibility of the Permittee. Nothing contained in
this permit shall be construed as a relinquishment of any rights now held by the Flood
Control District.
Pape 2 of
FSHEET3 OF 8
HIBIT "A'
ACHED TOCT NO 16-256-At
8. Should the work or the layout change, this project will need to be reviewed prior to
work being allowed to commence. Should any survey monumentation be located
during the course of construction and it is further determined that such
monumentation will be disturbed or destroyed during construction, a Licensed Land
Surveyor, or Registered Civil Engineer authorized to practice land surveying, shall
submit a comer record showing pre -construction ties prior to disturbing the
monument.
9. Within 90-days after written notification by the District, the Permittee shall be
responsible to provide for Inspection, video Inspection and/or reports, etc. for the life
of the structures allowed under this permit. All reports and documentation shall be
to standards acceptable to the agencies requesting the inspection (e.g. State or
Federal agencies).
STANDARD PROVISIONS
1. No revisions to the approved plans shall be made during construction without review,
written approval and/or permit amendment from the District.
2. No floatable materials or stockpiling shall be maintained in District right-of-way, and
equipment shall be kept out of District right-of-way except when in use during working
hours.
3. The existing access gates shall be locked after hours and on weekends by interlocking
Permittee's lock with the District's lock to allow District access. The Permittee shall ensure
that the gate remains locked at all times except when authorized access is required.
4. The proposed activity within District right-of-way shall be in compliance with all City
ordinances for noise and operating hours.
5. The exact location of any above ground structure shall be field coordinated with the
District's inspector prior to installation.
6. All applicable fees required for this permit shall be in accordance with the District's current
Schedule of Fees Ordinance in effect at the time of District inspection.
7. This permit shall become effective upon the "Permit Issued" date shown on Page 1 of this
permit. All permit provisions and all applicable fees (i.e, inspection fees, monthly land
use fees, etc.) for the permit shall commence or become enforceable upon the Permit
Issued date, regardless of the Permittee's actual commencement of activity within District
right-of-way. Signature by the Permittee or Permittee's Authorized Agent on Page 1 of
this permit shall indicate the Permittee's agreement to assume all responsibility and to
adhere to the permit terms and fees from the date of permit issuance.
8. The existing access gates shall be locked after hours and on weekends by interlocking
Permittee's lock with the District's lock to allow District access. The Permittee shall ensure
that the gate remains locked at all times except when authorized access is required,
Page 3 of 8
SHEET 4 OF 8
EXHIBIT "A"
ATTACHED TO
CONTRACO NO 16-256 A'
9. The Permittee shall not have exclusive use of the permitted area. The District may allow
other Permittees access to the area to engage in permitted activities.
10. Backfill in all areas having flood control facilities shall be similar to the existing material and
shall not contain organic material, broken concrete or pavement, or other material
unsuitable for compaction. Backfill two feet deep under concreted rock slope protection
and two feet behind concrete structures shall be compacted to at least 95% of maximum
dry density as determined by ASTM D-1557. All other backfill shall be compacted to at
least ninety percent (90%) relative density as determined by ASTM test Method D-1557,
Method C and certified evidence thereof submitted. Compaction tests shall be performed at
locations specified and to the satisfaction of the District.
11. All construction and material testing for facilities constructed within District right-of-way will
be performed by the Permittee and/or Permittee's authorized agent and certified evidence
thereof shall be furnished to the District at the Permittee's expense.
12. If required by the District's inspector, the Permittee will submit "Record Drawings", stamped
and signed by a Registered Engineer in the State of California, at the time of the final
inspection. In addition, an electronic "PDF" format copy will be required.
13. No more than one-third (1/3) of any flood control facility may be obstructed during the
period October 15 to April 15, nor more than two-thirds (2/3) of any facility may be
obstructed during the remaining period. The term "obstruction" shall include all temporary or
permanent structures, falsework, excavated material, and equipment connected with the
construction. For the purpose of computing the area of an obstruction, dimensions shall be
taken normal to the channel flow of the actual physical outline of the obstruction.
14. The proposed waterlines and electrical duct bank shall be adequately marked with above
ground markers per District's S.P. 204, attached herewith as Exhibit "B", at intervals
determined in the field by the District.
15. The Permittee shall be responsible for trash and debris pick up within the permit area.
16. At any time during the life of this permit, the District may revise, modify or add provisions
to this permit as may be required to meet the flood control, water conservation and safety
responsibilities of the District.
17. Should maintenance activities be required at anytime, the Permittee shall coordinate the
permit activity with the District's Flood Control Operations Division.
GENERAL PROVISIONS
Exercise of this permit, by Permittee or Permittee's authorized agent, shall indicate acceptance of all of the
provisions of this permit Permittee shall make all contractors doing work on this project familiar with all of
the requirements of this permit. Violation of any provisions of this permit shall be cause for immediate
revocation of the permit.
INSURANCE - This permit shall not become valid until the Certificate of Insurance has been completed by
your contractor's insurance company and approved by the Flood Control District. If the permit activity Is to be
completed by Permittee's forces, the Certificate of insurance shall be completed by Permittee's insurance
company and approved by the Flood Control District.
Page 4 of 8
SHEET 5 OF 8
EXHIBIT "A"
ATTACHED TO
CONTRACT NO.16.256 fi
3. The Permittee shall indemnify and hold the District and all officers, employees and agents of said public body
free and harmless from any and every claim, demand or action for damages, or injury to any person or
persons or property of any kind whatsoever, and any cost or expense in connection therewith, and agrees to
defend the Flood Control District, the County of San Bernardino, and all officers, employees and agents of
said public body against any claims or demands which may arise out of or result from Permittee's
construction, operation, use or activities on District rightof-way.
4. A copy of this permit wilt be sent to the State Department of Fish and Wildlife, who may require a permit for
this type of activity. It is the responsibility of the Permittee to obtain any required permits and approvals prior
to starting any activity authorized in the permit. State Department of Fish and Wildlife may be contacted at
the address below.
Department of Fish and Wildlife
Inland Deserts Region (6)
3602Inland Empire Blvd., Suite C-220
Ontario, CA 91764
(909)484-3979
A completely executed copy of the State Department of Fish and Wildlife permit shall be kept at the permit
site at all times while work is being performed. Permittee shall make all contractors doing work on this
project familiar with all of the requirements of the State Department of Fish and Wildlife permit.
5. Prior to beginning any activity authorized in this permit, the Permittee and/or Permittee's authorized agent,
shall notify Underground Service Alert (USA) at 1-800-422-4133 at least 48 hours in advance to coordinate
the permit activity on District right -&-way.
6. In accepting this permit, the Permittee agrees to replace any existing improvements which may include but
not be limited to access road pavement, irrigation pipelines, chain link fencing and landscaping with
acceptable products, installed to size, line and grade as the existing products removed and as approved by
the District.
Work done in the absence of prescribed inspection may be required to be removed and replaced under the
proper inspection, the entire cost of removal and replacement, including the cost of all materials used in the
work thus removed, shall be bome by the Permittee, regardless of whether the work removed is found to be
defective or not Work covered up without the authority of the District, shall upon order of the District, be
uncovered to the extent required, and the Permittee shall bear the entire cost of performing all the work and
furnishing all the equipment and materials necessary for the removal and subsequent replacement of the
covering, as directed by the District.
8. Should installation or maintenance activities be required during the period October 15 to April 15, work shall
be undertaken within a 5-day dear weather forecast. Permittee shall maintain and provide for a flood watch
when storm conditions threaten, and have personnel and equipment available on a 24-hour schedule and
provide the District with the names and after-hours phone numbers of responsible supervisory personnel.
9. Any survey monuments which will be disturbed or destroyed shall be located, referenced and a comer record
filed with the County Surveyor prior to the start of construction. The monuments shall be reset in a surface of
the new construction, with a suitable monument box placed thereon, or set with permanent witness
monuments. A comer record shall be filed with the County Surveyor for reset of monuments and evidence
submitted prior to finalizing the permit. All work shall be performed under the direction of a licensed land
surveyor or registered civil engineer at the expense of the Permittee.
10. Access to the District's levees, channels and patrol roads shall remain open and free to vehicular traffic at all
times. Alternate access to the facilities shall be provided when existing access is severed or impaired.
Permittee must prevent the public or unauthorized persons from entering the construction area or the
District's right-f-way.
11. The Permittee shall perform, at Permittee's own expense, all construction surveying and engineering
necessary to control construction to limits defined In the Plans and Exhibit "A". The construction surveying
and engineering will be performed to the District's satisfaction.
12. Permittee shall, at all times, exercise proper dust control and dust abatement.
Page 5 of 8
SHEET 6 OF 8
EXHIBIT "A"
ATTACHED TO
13. At any time during the life of this permit, the District may revise, modify or add provisions to this permit as
may be required to meet the flood control, water conservation and safety responsibilities of the District.
14. The location of any temporary construction roadways or ramps which the Permittee may wish to build within
District right-of-way shall be subject to the approval of the District, Roads shall be constructed so as to wash
out during any appreciable flows.
15 This permit is valid only to the extent of the Flood Control District's jurisdiction. Permits or other approvals
required by other cognizant agencies or underlying fee owners of District easement lands shall be the
responsibility of the Permittee. Nothing contained in this permit shall be construed as a relinquishment of any
rights now held by the Flood Control District.
16 If the Permittee should refuse or neglect to comply with the provisions of the permit, or the orders of the
District, the District may have such provisions or orders carried out by others at the expense of the Permittee.
17. If the Permittee fails to comply with any obligation contained herein, Permittee shall be liable to the District for
any administrative expenses and attorneys fees incurred in obtaining compliance with this permit and any
such expenses and fees incurred in processing any action for damages or for any other remedies permitted
by law
18 No part of the activities authorized under this permit shall be accepted in phases. All work within District
1ghtof-way must be completed prior to District acceptance of improvements within District right-of-way.
19 At the completion of the construction activities, the area shall be cleaned, graded and dressed to the
satisfaction of the District. A joint inspection (Permifee/District) shall be made to determine it the work has
been completed in accordance with permit requirements.
20, This permit is valid only for the purpose specified herein. All proposed changes shall be submitted, in writing,
for District review and approval.
21, Activities under this Permit are subject to any instructions of the Flood Control Engineer or his
representative. ALL INSTRUCTIONS MUST BE STRICTLY OBSERVED.
22. District activities shall take precedence at all times and, when any work or activity must be performed to carry
out the functions and purposes of the District, Permittee must allow same to be done without interference
23. Any damage caused to District facilities or structures by reason of the exercise of the Permit shall be repaired
at the cost of the Permittee to the satisfaction of the District Permittee will be billed for the actual cost to the
District should Permittee neglect to make such repairs promptly.
24. Any District right-of-way monuments that are removed, disturbed, or destroyed as a result of activity under
permit will be replaced by the District. Permittee will be billed and agrees to immediately pay all costs of such
replacement,
25. Unless otherwise specified herein, this permit is subject to all prior permits, agreements, easements,
privileges or other rights, whether recorded or unrecorded, in the area specked in this permit. Permittee
shall make his own arrangements with holders of such prior rights.
26. The permitted activities shall be in accordance with:
a. The San Bernardino County Department of Public Works, Transportation and Flood Control
Standard Specifications, available at the Department of Public Works, 825 E. Third Street, San
Bernardino, California. and
b. all applicable provisions of the "Construction and Safety Orders" issued by the State Division of
Industrial Safety and "Manual of Accident Prevention in Construction" issued by the Associated
General Contractors, Inc.
27 All work associated with the activities authorized under this permit shall conform with all Cal -OSHA
requirements. Prior to any shoring activity, the Permittee or Permittee's authorized agent shall submit
shoring plans, signed and approved by a registered engineer, and copies of required permits
Page 6 of 8
SHEET 7 OF 8
EXHIBIT "A"
ATTACHED TO
CONTRACT NO.16-156-Al
28 It shall be the responsibility of the Permittee and/or the Pennittee's authorized agent to insure that all
personnel performing work authorized under this permit are adequately trained and have appropriate safety
gear and equipment before entering any confined space.
29. The Permittee shall comply with the District's Stormwater Ordinance 3588 and all applicable National
Pollutant Discharge Elimination System (NPDES) requirements to reduce or eliminate pollutionof stormwater
discharges into waters of the United States. In this regard, the Permittee shall utilize best management
practices in the operation and storage of equipment, machinery, fuels, etc., to prevent any pollutants from
being discharged into any storm drain and/or channel systems. In addition, pollutants (including sediment)
generated as a result of the activity authorized by this permit shall not be discharged into the drainage
system.
30. Should future activities of the Corps of Engineers and/or the District so require, the Permittee shall, at
Permittee's expense, relocate all or any part of the subject works as so required.
31. The District will consider time extensions to the permit upon receipt of a written request from the Permiltee
thirty days prior to expiration.
32. The area disturbed by permitted activities shall be kept to minimum and shall be limited to that area
actually being worked.
33. No nuisance shall be allowed on any of the premises and the Permittee shall exercise diligence in
precluding any dumping operations in the area by patrolling or installing barriers to deter unauthorized
access when the premises are not supervised.
34. Any unauthorized structure or portions thereof placed on District right-of-way or which affect District
structures, must be removed by Permittee without cost to the District.
35. Violation of any provision contained therein, without written consent of the District, shall be cause for
immediate revocation of this permit after written notice to the Permittee of any violation not remedied
within thirty days following said written notice.
36. Upon cancellation or revocation of this permit, for any cause whatsoever, Permittee shall Immediately
cease all activities authorized hereunder, shall restore District right-of-way, structures and facilities to the
satisfaction of the District, and shall vacate the District's premises. Should Permittee neglect to restore
the premises, structures and facilities to a condition satisfactory to the District, the District will perform
such work and Permittee agrees to reimburse the District for all actual costs of work performed.
37. If the permit term Is extended, an annual inspection fee shall be due each year on the anniversary date of
the permit. The annual inspection fee shall be based on the District's current Schedule of Fees Ordinance
in effect on the anniversary date of the permit.
38. It is expressly understood that the area involved under this permit is subject to inundation from storm,
flood and/or conservation flows at any time, and that the District shall not, in any way, be obligated to
afford protection against said flows, or to assume any cost for damages. The District reserves the right to
divert any storm or flood flows upon any land under this permit anytime, and no diversion of such shall be
made by the Permittee without the consent of the District.
39. All concrete shall conform to Section 201-1 of the Standard Specification for Public Works Construction,
latest edition, unless otherwise speed in this permit. Curing compound shall conform to the provisions of
Section 201-4.1 of the Standard Specifications for Public Works Construction, latest edition, Type 1-clear or
translucent with red fugitive dye.
40. If applicable, the Permittee shall provide a wheel shaker or other approved device at the entrance of the job
site to minimize debris track out on public streets.
41. The Permittee shall comply with all provisions of Rule 403-Fugitive Dust of South Coast Air Quality
Management District.
42. The permit activities allowed under this permit may require the Permittee to use a pre -emergent within
District right-of-way in order to control the growth of weeds. The District currently uses the following
pre -emergent for this purpose: Landmark XP @ 9 oz/acre, Milestone VM @ 7 oz/acre, Reign (Aid in
Page 7 of 8
Suspension) @ 1 pt/acre. The necessity to use this or a similar type of pre -emergent shall be at the
discretion of the District's inspector, and the type and method of use of the pre -emergent shall be
submitted by the Permittee for review and approval by the District's inspector prior to use. Please contact
Emilio Lopez, Supervising Agricultural Standards Officer for the San Bernardino County Agriculture
Department at (909) 387-2131 with any questions or conoems regarding the proper application of the
required pre -emergent.
43. The District's Schedule of Fees Ordinance is subject to change by the County Board of Supervisors. The
Board typically considers changes in the Schedule of Fees Ordinance to take effect at the beginning of each
fiscal year (July 1). Should the borrow fee rate be adjusted at any time during the life of this permit In
accordance with changes to the Schedule of Fees Ordinance, the Permittee shall have the right to
continue soil removal based on the new rate or request cancellation of their permit prior to the effective
date of the new rate. Upon cancellation, the Permittee shall be responsible for restoring the work area to
the satisfaction of the District prior to vacating District right-of-way. The District shall not be responsible
for any impact to contractual obligations the Permittee may have with any clients as a result of revisions to
the Districts Schedule of Fees Ordinance.
44. The Permittee is hereby advised that the District's inspector shall make routine, periodic visits to the
construction site commencing upon the date of permit issuance. Such site inspections shall be performed
to ensure that permit activities have not been initiated without proper notification to the District. As such,
the District shall have its inspector charge the appropriate time for such site visits, whether work is being
performed or not, and inspection fees for the permit may be assessed accordingly based on the time
necessary to conduct the necessary site visits.
45, It shall be the responsibility of the Permittee to ensure that all applicable Federal, State and local
regulatory requirements are adhered to during the entire term of this permit,
�ov MU
SHEET 8 OF 8
EXHIBIT "A"
ATTACHED TO
Peps a of a
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
+ REGION IX
75 Hawthorne Street
San Francisco, CA 94105
SENT VIA EMAIL AS PDF
April 26, 2017
Mr. Kevin Blakeslee
Deputy Director, Flood Control
San Bernardino County Flood Control District
Department of Public Works
825 East Third Street
San Bernardino, CA 92415-0835
Dear Mr. Blakeslee:
Subject: Startup and Operational Discharges to the Cactus Avenue Flood Control Basins
We have reviewed the March 3, 2017, letter from West Valley Water District (WVWD) to the
San Bernardino County Flood Control District regarding planned discharges of treated water
from W V W D's Groundwater Wellhead Treatment System Project into Cactus Avenue Flood
Control Basin #2. We understand that the Flood Control District operates the Cactus Basins.
The letter states that discharges are planned during initial plant startup and operation of two of
W V W D's water treatment systems constructed to remove pemhlorate from the groundwater.
W V WD constructed and began operation of a Fluidized Bed Reactor (FBR) in 2016 and is
constructing a Fixed Bed Reactor (FXB).
The letter estimates the timing and volume of future discharges as follows.
- 246 AF from March through May 2017, associated with FBR operation
- 779 AF from May through December 2017, associated with FBR operation and FXB startup
- 733 AF annually after 2017, associated with FBR and FXB operation
The discharged water is expected to recharge the Cactus Basins and infiltrate into the underlying
groundwater. The majority of the water produced by the FBR and, after startup, by the FXB is
or will be distributed to W V W D's residential and business customers.
Although the discharge volumes are higher than W V WD previously estimated, we do not expect
the discharges to have a significant effect on the distribution or movement of contaminated
groundwater in the Rialto -Colton groundwater basin. The Cactus Basins are located near the
western edge of the groundwater plumes associated with the Rockets, Fireworks, and Flares
Superfund Site (formerly known as the B.F. Goodrich Superfund Site).
SHEET 1 OF 4
EXHIBIT "B"
ATTACHED TO
CONTRACT NO.16-2545*A7
EPA reached the same conclusion about past discharges associated with the project.
We have noted in past letters that the shallow groundwater beneath the Cactus Basins is not
known to be contaminated and that significant groundwater contamination near the Basins (i.e.,
contaminant concentrations exceeding Maximum Contaminant Levels) first appears deeper in the
aquifer (e.g., at more than 100 feet below the water table at nearby groundwater monitoring well
1 S/5W-3A). This is still the case. We expect that the planned discharge will have a negligible
effect, if any, on this deeper groundwater.
Please call or email at 415-972-31 81 or praskins.wavnecaiepa.eov with any questions.
Sincerely,
IJ'��V I(f'•r
Wayne Praskins
Project Manager
cc: Kurt Berchtold, Santa Ana Regional Water Quality Control Board
Joanne Chan, West Valley Water District
SHEET 2 OF 4
EXHIBIT _' B'
ATTACHED TO
CONTRACT NO.16-256-A1
Water Boards
Santa Ana Regional Water Quality Control Board
April 26, 2017
Mr. Kevin Blakeslee (kblakesleet*Ddpw.sbcountv.00v)
Deputy Director, Flood Control
San Bernardino County Flood Control District
Department of Public Works
825 East Third Street
San Bernardino, CA 92415-0835
s�J' EoxeM^w 0. 6.J.
mm�rnen Roor.oVecmn
PROPOSED INCREASE IN VOLUME OF TREATED GROUNDWATER DISCHARGE INTO
THE SAN BERNARDINO FLOOD CONTROL DISTRICT'S CACTUS BASINS 01 AND 02
Dear Mr. Blakeslee:
On February 4, 2016, we provided our written comments to West Valley Water District (WVWD)
regarding the Technical Memorandum (TM) dated January 27, 2016 and the "Flow and Solute
Transport Model Calibration of the Rialto -Colton Basin Groundwater Model" (Model Report),
dated December 1, 2015. The TM was prepared by the WVWD and the Model Report was
prepared by Geoscience.
The TM was an update to WVWD's October 2012 TM, and provided further technical analysis in
response to the concern of the San Bernardino County Flood Control District (SBCFCD) that
WVWD's proposed long-term use of the SBCFCD's Cactus Basins #1 and #2 for the discharge
of treated groundwater may adversely affect the movement of a Perchlorate and
trichloroethylene (TCE) contaminant plume that is present in the groundwater that underlies the
basins. WVWD states that Geoscience's Model Report is a consolidation and comparison of
various model runs of different groundwater models that have been developed over the past
decade, and in collaboration among the San Bernardino Valley Municipal Water District,
WVWD, the Goodrich Corporation, the cities of Rialto and Colton, USEPA, CH2MHill
consultants and the U.S. Geological Survey.
Based on the modeling results, the data from previous discharges to Cactus Basins #1, #2, and
field measurements of groundwater elevation, WVWD and Geoscience conclude that:
1. "There is no significant change in the size of the geographic footprint of the Perchlorate
plumes with or without recharge at the Cactus Basins, but concentrations are decreased
from dilution;"
2. "Water levels increased up to 2-ft in the vicinity of the recharge ponds as a result of
recharge versus no recharge. Water levels due to recharge were imperceptible elsewhere in
the Basin;"
3 "The model predictive results show no anticipated significant groundwater contamination
impacts from the proposed Project, suggesting that no additional mitigation measures are
needed beyond those that have been previously planned and are in place."
WuRUH,O R ( KURT V. BERCHHiG, E ECVTIVE OFRCER
$731 Mmn St s.,% 5,X,,Rrvers,. e, C moI I mrw.waleroo]nk"goiisr,ta�
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s: 4
EXHIBIT "B"
ATTACHED TO
CONTRACT NO.16-256-A7
Mr. Blakeslee
- 2 - April 26, 2017
We have evaluated the groundwater treatment system design, and the proposal for monthly and
quarterly discharges of the treated groundwater into Cactus Basins #1 and #2 at a rate of 4
cubic feet per second, totaling 128 acre-feet peryear. We have reviewed the data and
calculations in the attachments to WVWD's TM. IWVWD states that the two downgradient
municipal supply wells (Rialto #6 and WVWD #11) that are being pumped (to generate water for
the treatment and subsequent discharge to Cactus Basin #2) will capture the majority of any
localized recharge that may result from percolation of the clean, treated water into Cactus
Basins #1 and #2.
Monitoring data from (USGS Cluster Well 1S/5W-3A) indicate that the shallow groundwater
underlying the Cactus Basins is not severely impacted by the perchlorate and TCE plume.
Sampling results from July 2016 revealed that perchiorate was detected at 3.1 micrograms per
liter (Ng/!) and TCE was not detected at a depth of 410 feet below ground surface (bgs). Higher
Concentrations of perchlorate (248 pg/l) were detected at a depth of 510 bgs, with TCE detected
at 17.6 pg/I. Based on the percolation data and infiltration calculations, and considering the
depth of the plume below the groundwater table, we do not believe that the limited volume and
the anticipated intermittent occurrence of the discharge to the two basins will adversely impact
the movement of the perchlorate plume.
Based on our communications with Ms. Joanne Chan, Operations Manager for WVWD, we
understand that on March 3, 2017, WVWD submitted a written request to the County to amend
their existing spreading agreement to allow higher discharge volumes to the Cactus Basins,
from 128 acre-feet to 800 acre-feet per year. This is believed to be sufficient to accommodate
discharge of the higher than expected effluent volume from the Fluidized Bed Reactor (FBR) to
the Basin, as well as volumes required for the Fixed Bed Reactor (FXB) system during the
demonstration phase in the summer of 2017.
WVWD is currently authorized to discharge up to 2,88 million gallons per day of treated
groundwater to Cactus Basin #2 under the terms and conditions of Regional Board Order No.
R8-2012-0027.
Based on our evaluation of the TM and groundwater modeling simulations for the Rialto -Colton
Basin. we do not have any objections regarding the proposed increase in discharge volume to
the Cactus Basins.
If you have any questions, please call Ann Sturdivant at (951) 782-4904, or send email to
ann.sturdivantOwaterboards.ca.gov, or you may contact me at (951) 782-3286 or by e-mail at
kurt.berchtold a( )waterboards.ca.gov.
Sincerely,
""J- (31 tv
Kurt V. Berchtold
Executive Officer
Santa Ana Regional Water Quality Control Board
cc: Wayne Praskins, U.S. EPA Region IX (praskins.wavne(&epa.gov)
MWO Cactus Basins 04-26-2017
-HEET 4 OF 4
EXHIBIT "B"
ATTACHED TO
CONTRACT NO.16-266-A1