California Department of Fish and Wildlife Water Branch ...

1 1 California Department of Fish and Wildlife Water Branch , Ecosystem conservation division 830 S STREET SACRAMENTO, CA 95811 California Endangered Species Act Incidental Take Permit No. 2081-2016-055-03 Construction and Operation of Dual Conveyance Facilities of the State Water Project ( California WaterFix) Authority: This California Endangered Species Act (CESA) incidental take permit (ITP) is issued by the California Department of Fish and Wildlife (CDFW) pursuant to Fish and Game Code section 2081, subdivisions (b) and (c), and California Code of Regulations, Title 14, section et seq.

2 CESA prohibits the take1 of any species of Wildlife designated by the California Fish and Game Commission as an endangered, threatened, or candidate CDFW may authorize the take of any such species by permit if the conditions set forth in Fish and Game Code section 2081, subdivisions (b) and (c) are met. (See Cal. Code Regs., tit. 14, ). Permittee: California Department of Water Resources Principal Officer: Cindy Messer, Deputy Director Contact Person: Marcus Yee, (916) 651-9567 Mailing Address: Box 942836 Sacramento, CA 94236 Effective Date and Expiration Date of this ITP: This ITP shall be executed in duplicate original form and shall become effective once a duplicate original is acknowledged by signature of the Permittee on the last page of this ITP and returned to CDFW s Habitat conservation Planning Branch at the address listed in the Notices section of this ITP.

3 Unless renewed by CDFW, this ITP s authorization to take the Covered Species shall expire on December 31st, 2042. Notwithstanding the expiration date on the take authorization provided by this ITP, Permittee s obligations pursuant to this ITP do not end until CDFW accepts as complete the Permittee s Full Project Operations Report required by Condition of Approval of this ITP. 1 Pursuant to Fish and Game Code section 86, take means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.

4 (See also Environmental Protection Information Center v. California Department of Forestry and Fire Protection (2008) 44 459, 507 [for purposes of incidental take permitting under Fish and Game Code section 2081, subdivision (b), take .. means to catch, capture or kill ].) 2 The definition of an endangered, threatened, and candidate species for purposes of CESA are found in Fish and Game Code sections 2062, 2067, and 2068, respectively. 2 Incidental Take Permit No. 2081-2016-055-03 California Department OF Water RESOURCES Construction and Operation of Dual Conveyance Facilities of the State Water Project ( California WaterFix) Project Location: Construction and operation of California Water Fix (Project) will be located within the legal Sacramento-San Joaquin Delta (Delta) and Suisun Marsh in the specific locations described below (Project Area)3.

5 The California Water Fix tunneled conveyance facilities and alignment, transmission line corridors, and geotechnical exploration corridor will be located within the Delta in Sacramento, San Joaquin, Contra Costa, and Alameda Counties. Project operations facilities will be located within Suisun Marsh and the Delta in Sacramento, San Joaquin, Contra Costa, Napa, and Solano Counties (see Attachment 1, Figures 1, 2, 3 and 4). Transmission Lines. The northern alignment will begin just east of the Sacramento River and west of Stone Lakes National Wildlife Refuge (SLNWR), in Sacramento County, at approximately longitude, latitude.

6 It will continue southeast approximately mile then will transition southward along the west side of the Sacramento Southern Railroad. The alignment will fork at approximately longitude, latitude. The northwest spur will connect to North Delta Diversion (NDD) Intake 3 (see Group B below) and the southwest spur will turn south and extend to the census designated place of Hood. It will change directions to follow the northern, eastern, and southern boundaries of Hood then will continue south to approximately longitude, latitude. At this point, the alignment will fork again.

7 The northwest spur will connect to NDD Intake 5 (see Group C below) and the south spur will continue to Lambert Road at approximately longitude, latitude. At this point, the alignment will fork again. The east spur will follow Lambert Road to approximately mile east of Carroll Lane and then transition northeast along the Cosumnes River to approximately miles southwest of Highway 99 at approximately longitude, latitude; and the south spur will continue to approximately longitude, latitude about miles north of Twin Cities Road. The southern alignment will begin on Bouldin Island, in San Joaquin County, and will continue south through Bouldin, Venice, Mandeville, Mandeville Tip, Bacon, Woodward, and Victoria islands.

8 It will fork on southern Victoria Island at approximately longitude, latitude. The south spur will continue to the northeast corner of Clifton Court Forebay (CCF) between CCF and the West Canal in Contra Costa County. The west spur will extend to the San Joaquin/Contra Costa county line, then southwest and then west to approximately longitude, latitude in Contra Costa County. At this point, the alignment will fork to the west and the south. The west spur will continue to mile south of Camino Diablo Road in the census designated place of 3 Each specific location will hereafter be referred to as a construction site.

9 3 Incidental Take Permit No. 2081-2016-055-03 California Department OF Water RESOURCES Construction and Operation of Dual Conveyance Facilities of the State Water Project ( California WaterFix) Byron, then will transition northwest through Byron to Payne Avenue and north to the southeast corner of the City of Brentwood. The south spur will extend towards the Byron Highway to just west of the California Aqueduct at Clifton Court Road and the Union Pacific Railroad, then will transition southeast along the north side of the Union Pacific Railroad to the Delta Mendota canal.

10 It will then transition south along the east side of the Delta Mendota Canal, in Alameda County, to approximately mile north of Kelso Road at approximately longitude, latitude (see Attachment 1, Figures 4c and 4d). NDD Intake 2 (Group A). To the north, Intake 2 will start on the east side of the Sacramento River, across from the census designated place of Clarksburg, on Highway 160, in Sacramento County, at approximately longitude, latitude. The intake, its work area, and spoils disposal site will be within an area extending approximately river miles south and extending east to the Sacramento Southern Railroad immediately west of Morrison Creek (see Attachment 1, Figure 5 and Project Description, Table ).