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;< 


TC 

425 

S383.S3 

2010 

c.1 

LIBRARY 







Permittee's Copy 



Making San Francisco Bay Better 


PERMIT NO. M77-113 

(Issued on February 9,1978, As 
Amended Through May 5,2010) 

AMENDMENT NO. FOUR 


Santa Clara Valley Water District 
5750 Almaden Expressway 
San Jose, California 95110 

ATTENTION: Shree Dharasker, Senior Project Manager 

Ladies and Gentlemen: 

I. Authorization 

A. Subject to the conditions stated below, the permittee, the Santa Clara Valley Water 
District, is hereby authorized to do the following: 

Location: In the Bay and within the 100-foot shoreline band, at various 

locations in and adjacent to Coyote Creek, Mayfield, Charleston, 
Mountain View, Guadalupe and Alviso Sloughs, and any unnamed 
tidal sloughs in Santa Clara County 

Description: Perform on-going repair and maintenance of water control 

structures, stream banks, existing levees, and wells, and other 
miscellaneous maintenance activities related to flood control and 
water conservation facilities, and dredge and excavate accumulated 
sediments with disposal of dredged material at authorized upland 
locations. 

B. This amended authority is generally pursuant to and limited by your original application 
dated November 28,1977, your letters dated July 19,1999 (received in our office on July 23, 
1999), and November 9,1999 (received in our office on January 7,2000) requesting Amendment 
No. Two, and your letter dated September 10,2004, requesting Amendment No. Three, and your 
letter dated February 22, 2010. requesting Amendment No. Four, including all accompanying 
exhibits, and subsequent correspondence, particularly the exhibit entitled “Items of Work for 
general Permit,” and all conditions of this amended permit. 

C. Authorization for work herein shall remain in effect until May 5, 2010 2015 . at which 
time this amended permit will expire. This amended permit may be renewed for successive five- 
year periods by or on behalf of the Commission where application for renewal is made prior to 
the expiration of this amended permit. 


State of California • SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION • Arnold Schwarzenegger, Governor 
50 California Street, Suite 2600 • San Francisco, California 94111 • (415)352-3600 * Fax:(415)352-3606 • info@bcdc.ca.gov • www.bcdc.ca.gov 



PERMIT NO. M77-113 

Santa Clara Valley Water District 
(Issued on February 9, 1978, As 
Amended Through May 5, 2010) 

AMENDMENT NCX FOUR 

Page 2 


II. Special Conditions 

The amended authorization made herein shall be subject to the following special conditions, 
in addition to the standard conditions in Part IV: 

A. Report.The permittee shall submit a written report to the Commission by January 31, of 
each year for any work which may have been undertaken the previous year pursuant to this 
amended authorization, describing in narrative form the type and extent of work performed. The 
report shall include the information outlined below in Special Condition II.A(l-4) or the report 
may be a compilation of the SMP reports from the previous year, provided that the information 
required in Special Condition II.A(l-4) is included and highlighted so that it can be easily 
located by a reviewer. Regardless of the report format, the following information shall be 
included: 

1. A narrative description of the work undertaken within the Commission's jurisdiction 
in the previous calendar year. This section shall include a channel-by-channel 
description of: 

a. Length of channel dredged; 

b. Amount, in cubic yards, of sediment dredged; 

c. Dredging method employed (i.e., dragline, backhoe, front-end loader, and/or 
hydraulic dredge); 

d. Dredged material disposal site used; 

e. Amount of cubic yards of material imported to raise, repair, stabilize or armor 
existing, levees and the length of the levee maintained; 

f. Size and type of water control structure repaired or replaced; and 

g. Cost of the dredging and disposal operations. 

2. A narrative description of the work proposed in the current calendar year. The 
information required in Special Condition II-A- 1 above shall also be provided in this 
section of the report. 

3. A description of any tidal or diked wetlands inadvertently lost as a result of 
unanticipated events such as slippage or erosion of sediment temporarily placed on 
levees into marsh areas. This section of the report shall also include a discussion of: 

a. How and when the material will be removed from such areas; 

b. The measures proposed to restore such areas to the conditions existing prior to 
unauthorized dredged material disposal; and 

c. The measures taken to prevent the reoccurrence of such events. 

4. Any work proposed after submittal of the annual report shall be submitted to the 
Commission in a format similar to the annual report no less than 30 days prior to the 
date when work is proposed to be started. Within 30 days of the date BCDC receives 



PERMIT NO. M77-113 

Santa Clara Valley Water District 
(Issued on February 9,1978, As 
Amended Through May 5, 2010) 

AMENDMENT NO. FOUR 

Page 3 


either the annual report or subsequent proposal(s) for work within that calendar year, 
BCDC shall notify the permittee of any proposed work which does not conform to the 
intent, terms, or conditions of this amended permit. Such notification shall constitute 
denial of the work under this amended permit. A separate BCDC application can be 
made for any such denied work (Amendment No. Two). 

B. Wetland Protection. All repair and maintenance activities shall be performed in such a 
manner so that no salt pond, managed wetland or marsh area is reduced in area or permanently 
damaged and to assure that the marshes and mudflats in all areas not slated to be dredged are not 
disrupted by dredging and disposal or construction activities (Amendment No. Two). 

C. Dredged Material. All dredged material shall be removed to an area outside of the 
Commission’s jurisdiction except for those materials which would be used for levee repair. 
Dredged material may be temporarily stored on levees adjoining project sites only if the 
materials are placed in such a manner so as to preclude the possibility of marsh vegetation or 
mudflats being lost as a result of erosion, slippage, or settlement of the materials. Any dredged 
material placed in any wetlands within the Commission's jurisdiction, including managed 
wetlands, salt ponds, tidal marsh, or diked wetlands shall be removed within 60 days of 
notification by BCDC staff, or such other reasonable time approved by or on behalf of the 
Commission. All dredged material left permanently within the Commission's jurisdiction shall be 
placed and/or graded so as to preserve the opportunity for use of the site for public access 
(Amendment No. Two). 

D. Public Access. At such time that suitable arrangements for operating, maintaining, and 
policing public access areas can be made with local park districts, the U.S. Fish and Wildlife 
Service, or other appropriate public agencies, as determined by the Commission, the permittee 
shall make its lands along the channels described in Section I-A above available without cost for 
public access purposes, including walking, sitting, picnicking, bicycling, viewing, etc. 
(Amendment No. Two). 

E. Best Management Practices. The permittee shall employ “best management practices” in 
repairing and maintaining levees, tidal control structures, pumps, and drainage pipes, to 
minimize impacts on the adjoining tidal wetlands and wildlife. At locations that have 
experienced little subsidence, construction shall be confined to the levee crest and landward 
slope and, wherever possible, a small berm or “choker” shall be constructed on the levee crest 
prior to placing earth fill to minimize material slipping into the tidal wetlands. At locations 
where subsidence has led to pronounced differences in elevation between the marsh plain and 
adjoining land and the levee must be widened to effect repairs, material may be placed on the 
bayward slope of the levee provided that fill and equipment incursions into tidal areas is kept to a 
minimum, that every reasonable effort is made to minimize erosion or slippage of material into 
tidal areas, and that existing marsh vegetation is protected to the maximum extent practicable. 
(Amendment No. Two). 



PERMIT NO. M77-113 

Santa Clara Valley Water District 
(Issued on February 9,1978, As 
Amended Through May 5, 2010) 

AMENDMENT NO. FOUR 

Page 4 


F. Construction Activities. All construction activities shall be performed to prevent 
construction and excavated materials from falling into the Bay. In the event that such material 
escapes or is placed in an area subject to tidal action of the Bay, the permittee shall immediately 
retrieve and remove such material at its expense (Amendment No. Two). 

G. Marsh and Upland Plant Protection. The work authorized by this amended permit shall be 
performed in a manner that will prevent any significant adverse impact on any tidal marsh, other 
sensitive wetland resources, and existing upland vegetation. If any unforeseen adverse impacts 
occur to any such areas as a result of the activities authorized herein, the permittee shall restore 
the area to its previous condition, including returning the disturbed area to its original elevation 
and soil composition and, if the area does not revegetate to its former condition within one year, 
the permittee shall seed or plant all disturbed areas with appropriate marsh vegetation after 
receiving approval of a restoration plan by or on behalf of the Commission. Such restoration plan 
must be implemented within two years of the initial disturbance (Amendment No. Two). 

H. Partial Assignment. The permittee may make a full or partial assignment of the rights 
and/or duties under this amended permit provided that the assignee is acceptable to the 
Commission. The assignment shall be made in writing and clearly indicate which portions of the 
permit rights and/or duties are assigned and which portions remain the unassigned. The assignee 
shall sign a written statement to the effect that he has read and understands the conditions of the 
permit, agrees to be bound by all terms and conditions and that he understands that no 
amendments deleting or reducing the burden of any duties imposed by this amended permit will 
be favorably considered by or on behalf of the Commission without full justification; joinder of 
all parties to this amended permit and clear indication that the amendment will not reduce the 
degree of protection afforded to the public by the conditions of this amended permit. 

I. Future Five-Year Permit Extension. The maintenance activities described herein are 
authorized for a period of five years beginning June 1,2000 and have subsequently been 
extended to June 1,2005. May 5, 2010 and May 5.2015 . At the conclusion of this the five-year 
period, the Executive Director, based on the evaluation of the annual reports submitted to date 
summarizing the work completed pursuant to this amended permit, the effectiveness of best 
management practices in minimizing disturbance to existing habitat, and reported impacts to 
special status species, may extend this amended permit for another five-year period. Such 
extension may include modifications to the best management practices and modifications to 
construction windows, based upon monitoring results and experience with methods to minimize 
habitat disturbance and harmful effects to special status species. Any proposed modification shall 
be approved, disapproved or approved with modifications by or on behalf of the Commission 
following Commission staff consultation with interested agencies, other organizations, and 
individuals. 

J. Mitigation. Prior to May 5,2007, to mitigate for impacts associated with the ongoing 
maintenance activities authorized herein, the permittee shall submit plans, receive Commission 
authorization, and complete the restoration of 30 acres of a diked salt-evaporator pond in the 
south Bay (Pond A4) to historic tidal marsh conditions. In the event that Pond A4 is not available 
for this restoration, the permittee shall receive Commission authorization for and complete an 



PERMIT NO. M77-113 

Santa Clara Valley Water District 
(Issued on February 9, 1978, As 
Amended Through May 5, 2010) 

AMENDMENT NO. FOUR 

Page 5 


equivalent mitigation project by May 5,2009, which may include Ponds 19, 20, and 21 (the 
Island Ponds). Following the issuance of Amendment No. Three, the permittee determined that 
they would contribute to the restoration of Ponds A19. A20 and A21 (Island Ponds) rather than 
restore Pond A4. The Island Ponds were returned to tidal action on March 2006. with the 
permittee’s assistance (Amendment No. Four). The plan and program submitted to the 
Commission for its review and approval shall include the following: 

a. Site Conditions and Modifications. A topographic map of the site at one-foot contour 
intervals and a topographic map showing the proposed modifications. All elevations 
shall be relative to National Geodetic Vertical Datum (NGVD) or some other 
commonly used datum. The map shall include typical cross-sections showing 
proposed elevation of marsh plain, any channels, and any high spots. The map shall 
show: (1) figures for the ratios of typical horizontal to vertical slopes for existing and 
proposed marsh surface, channels, and sloughs; (2) proposed plant species along the 
cross-sections according to their expected zone of growth; (3) the elevation of 
adjacent surrounding properties; and (4) figures for the estimated tidal range related 
to Mean Higher High Water, Mean High Water, Mean Lower Low Water, Mean Sea 
Level, the maximum predicted tide, and the 100-year tide. 

b. Soil Information. The program shall include a report identifying the type of soils found 
at the site and the soil type of any fill to be imported to the site. Information shall be 
provided on the quantitative soil measurements of soil texture and dry density for 
both existing and imported soils. In addition, for imported soils only, information 
shall be provided on the salinity, pH, and organic content. 

c. Planting and Seeding Plan. The restoration plan shall include a list of the vegetation 
proposed to be planted if any, and a planting and maintenance plan. Such plans shall 
include a program for eliminating existing exotic vegetation and preventing the 
establishment of exotic vegetation at the site. 

d. Schedule. The program shall include a schedule indicating when excavation, fill, and 
grading will occur, the time to be allowed for settlement, and the time when planting 
will occur. 

e. Monitoring. Every other year, starting July 1 of the year following project completion, 
for a ten-year period, or until those portions of the restoration site subject to tidal 
action are approximately 80% vegetated, whichever occurs first, the permittee shall 
report to the Commission on the effects of the project in restoring tidal marsh and 
transitional habitat at the restoration site. The report shall include measuring 
sedimentation rates, percentage of the site revegetated, plant survival, approximate 
percentage representation of different plant species, and a qualitative assessment of 
plant growth rates for the tidal restoration area, including adjacent transitional and 
upland habitats. Undesirable exotic plant species such as pepperweed (Lepidium 
latifolium), Spartina alterniflora, broom, or star thistle shall be reasonably controlled 



PERMIT NO. M77-113 

Santa Clara Valley Water District 
(Issued on February 9, 1978, As 
Amended Through May 5, 2010) 

AMENDMENT NO. FOUR 

Page 6 


during the five year monitoring period. Should adverse conditions be identified 
during the five year monitoring period, the permittee shall take corrective action as 
specified by or on behalf of the Commission. 

These restored and enhanced areas shall be maintained as wetlands and open space 
(Amendment No. Three). 

K. Protection of Special Status Animal Species. The permittee shall take all precautions to 
avoid adverse impacts to the California clapper rail, California black rail, Salt Marsh harvest 
mouse, salt marsh yellow throat, and west coast steelhead trout. The permittee shall employ the 
mitigation measures outlined in its permit application and subsequent submittals, and the U.S. 
Fish and Wildlife Service’s Biological Opinion. Knowledgeable and experienced biologists 
approved by the Department of Fish and Game and retained by the Santa Clara Valley Water 
District as biological monitors, shall be present during all project activities within areas of Salt 
Marsh harvest mouse and California Clapper Rail habitat to help avoid mortality or injury to 
individuals and to minimize disturbance to the habitat. These biological monitors shall have the 
express authority to order any immediate changes in the project activities that are necessary to 
avert a risk of imminent mortality or injury to Salt Marsh harvest mouse or California Clapper 
Rail and to stop any activity that cannot be or has not been brought into immediate compliance 
(Amendment No. Three). 

L. Responsibility for Flooding. The Commission shall not be responsible for any flooding that 
may occur as a result of undertaking this project (Amendment No. Three). 

III. Findings and Declarations 

On behalf of the Commission, I find and declare that: 

A. Minor Repair or Improvement. The project authorized by this amended permit involves 
both maintenance dredging and new dredging of 100,000 cubic yards or less completed within a 
five-year period, as defined by Regulations Section 10602(a) and 10602(b), respectively, an4 the 
placement of small amounts of inert, inorganic fill in such a way as to not have a significant 
adverse effect on present or possible future maximum feasible public access consistent with the 
project consistent with Regulation Section 10601(b)(1) and tb© repairs to existing protective 
works in the minimum amount necessary to stabilize existing dikes and banks, as defined in 
Regulation Sections 10601 (b)(1) and 1060Ub)('4).. respectively, and tT hus. the project is 
considered is a "minor repair or improvement" for which the Executive Director may issue a 
permit, pursuant to Government Code Section 66632(f) and Regulation Section 10622(a), and an 
amendment to a permit pursuant to Regulation Section 10810 (Amendment Nos. Two,, a«4 Three 
and Four) . 

B. Consistency with AAcAteer-Petris Act and San Francisco Bay Plan. The project authorized 
by this amended permit is consistent with the McAteer-Petris Act and the San Francisco Bay 
Plan in that because adequate measures will be taken to protect marshland, managed wetland, 
and salt pond areas during performance of the work, and in tha t -i t conducting maintenance and 
repair activities will not adversely affect the Bay nor public access to and enjoyment of the Bay. 



PERMIT NO. M77-113 

Santa Clara Valley Water District 

(Issued on February 9, 1978, As 

Amended Through May 5,2010) 

AMENDMENT NO. FOUR 

Page 7 

1 . Dredging and Dredged Material Disposal. The Bay Plan authorizes the maintenance 
dredging of flood control channels provided that conditions are imposed to minimize 
the environmental impacts of the dredging and the disposal. Further, the Bay Plan 
authorizes the disposal of dredged material at upland locations assuming other criteria 
are met. In this amended permit, conditions require the avoidance of any damage to 
wetland or marsh vegetation within BCDC jurisdiction and the removal of any 
dredged material that may inadvertently be placed in such areas. Outside of BCDC 
jurisdiction, however, the Commission has no control over the disposal of dredged 
material. 

2. Water Quality. Special Conditions II-E and II-F, which require that all dredging 
operations be performed to minimize the roiling of waters, and that all disposal 
operations be carried out to assure that no dredged material erode into tidal waters, 
assure that the project will not adversely affect the quality of Bay waters. 

3. Marsh Protection. The San Francisco Bay Plan requires that marshes and mudflats be 
maintained to the fullest possible extent and that habitats that are needed to maintain 
threatened or beneficial species be protected. To minimize the project's adverse 
impact on fish and wildlife resources in San Francisco Bay, this amended permit 
contains conditions that: (1) require that dredged material shall not be placed on 
marsh vegetation, or placed in such a manner that dredged material is likely to move 
into a marsh through slippage or erosion (Special Condition II-B, E, F and G); and 
(2) specify that dredging and disposal operations only disturb marsh vegetation in 
those reaches of the channel slated for dredging (Special Condition II-D). 

4. Public Access. The permittee has allowed public access to be developed on many of 
the properties under its control. This amended permit, although not requiring the 
permittee to provide any specific public access areas or improvements at this time, 
does require the permittee to provide its land along the channels for public access 
purposes when other public agencies, such as local park districts or the United States 
Fish and Wildlife Service, are able to operate and maintain them. Without such a 
condition and the representations of the permittee that it will continue to make its land 
available for public access purposes as it has in the past, the Commission could not 
find that the project provides the maximum feasible public access consistent with the 
project. 

5. Grading Ordinances. This amended permit authorizes the permittee to continue 
maintenance dredging of various flood control channels throughout Santa Clara 
County. As conditioned, the amended permit assures that such maintenance dredging 
and spoil disposal shall be carried out in such a manner to minimize the adverse 
impacts of such activity on wildlife resources. However, by the very nature of the 
project, which involves dredging of channels where marshes and mudflats have 
become reestablished, the various projects authorized will result in the destruction of 
significant wildlife habitat. The Bay Plan states that the Commission should 
encourage increased efforts by soil conservation districts and public works agencies 



PERMIT NO. M77-113 

Santa Clara Valley Water District 
(Issued on February 9,1978, As 
Amended Through May 5, 2010) 

AMENDMENT NO. FOUR 

Page 8 


to continuously reduce soil erosion as much as possible. In light of the facts that 
dredged material disposal sites are in increasingly short supply, and because some of 
the remaining disposal sites are diked wetlands and contain significant wildlife 
resources, the Commission strongly encourages the permittee to work with other local 
government agencies in an effort to reduce the sediment entering such channels as a 
result of new construction and grading activities (Amendment No. Two). 

6. Mitigation. The San Francisco Bay Plan policies on mitigation require measures to 
compensate for unavoidable adverse impacts to the natural resources of the Bay. 
“[W]hen compensatory mitigation is necessary, a mitigation program should be 
reviewed and approved by or on behalf of the Commission as part of the project.” 
Furthermore, the Bay Plan policies on fish, other aquatic organisms, and wildlife 
require the Commission to “[cjonsult with the California Department of Fish and 
Game and the U.S. Fish and Wildlife Service or the National Marine Fisheries 
Service whenever a proposed project may adversely affect an endangered or 
threatened plant, fish, other aquatic organism or wildlife species” and give 
appropriate consideration to the recommendations of these agencies in order to avoid 
possible adverse effects of a proposed project. Pursuant to the Commission staff’s 
review of the permittee’s maintenance activities and these San Francisco Bay Plan 
policies, Special Condition II-J requires mitigation to offset unavoidable impacts of 
dredging activities and vegetation maintenance resulting from ongoing repair and 
maintenance activities for the next five year s and II-K has been included to ensure the 
avoidance of impacts on special status species (Amendment No. Three). 

C. Amendment No. Four. Amendment No. Four authorizes a five-year extension of the 
originally authorized repair, maintenance and dredging activities. As such, the time extension 
does not result in a material alteration of the originally authorized project, consistent with 
Regulation Section 10800 for which the Executive Director may issue an amendment to a permit 
pursuant to Regulation Section 10810 and Government Code Section 66632(f). 

Gt Eh Coastal Zone Management Act. The Commission further finds, declares, and certifies 
that the activities authorized herein are consistent with the Commission’s Amended Management 
Program for San Francisco Bay, as approved by the Department of Commerce under the Federal 
Coastal Zone Management Act of 1972, as amended. 

Eh E. Environmental Review. Santa Clara Valley Water District, the permittee and lead agency, 
has determined that the project is categorically exempt under Section 40 of its Guidelines from 
the requirement to prepare an environmental impact report. 

& F. Listing. Pursuant to Regulation Section 10542, the original project was listed with the 
Commission on January 19, 1978. 



PERMIT NO. M77-113 

Santa Clara Valley Water District 
(Issued on February 9, 1978, As 
Amended Through May 5, 2010) 

AMENDMENT NO. FOUR 

Page 9 




























PERMIT NO. M77-113 

Santa Clara Valley Water District 
(Issued on February 9,1978, As 
Amended Through May 5,2010) 

AMENDMENT NO. FOUR 

Page 10 



A. Permit Execution, This amended permit shall not take effect unless the permittee executes 
the original of this amended permit and returns it to the Commission within ten days after the 
date of the issuance of the amended permit. No work shall be done until the acknowledgment is 
duly executed and returned to the Commission. 

B. Notice of Completion. The attached Notice of Completion and Declaration of Compliance 
form shall be returned to the Commission within 30 days following completion of the work. 

C. Permit Assignment. The rights, duties, and obligations contained in this amended permit 
are assignable. When the permittee transfers any interest in any property either on which the 
activity is authorized to occur or which is necessary to achieve full compliance of one or more 
conditions to this amended permit, the permittee/transferor and the transferee shall execute and 
submit to the Commission a permit assignment form acceptable to the Executive Director. An 
assignment shall not be effective until the assignee executes and the Executive Director receives 
an acknowledgment that the assignee has read and understands the amended permit and agrees to 

























PERMIT NO. M77-113 

Santa Clara Valley Water District 
(Issued on February 9, 1978, As 
Amended Through May 5, 2010) 

AMENDMENT NO. FOUR 

Page 11 


be bound by the terms and conditions of the amended permit, and the assignee is accepted by the 
Executive Director as being reasonably capable of complying with the terms and conditions of 
the amended permit. 

D. Permit Runs With the Land. Unless otherwise provided in this amended permit, the terms 
and conditions of this amended permit shall bind all future owners and future possessors of any 
legal interest in the land and shall run with the land. 

E. Other Government Approvals. All required permissions from governmental bodies must 
be obtained before the commencement of work: these bodies include, but are not limited to, the 
U. S. Army Corps of Engineers, the State Lands Commission, the Regional Water Quality 
Control Board, and the city or county in which the work is to be performed, whenever any of 
these may be required. This amended permit does not relieve the permittee of any obligations 
imposed by State or Federal law, either statutory or otherwise. 

F. Built Project must be Consistent with Application. Work must be performed in the precise 
manner and at the precise locations indicated in your application, as such may have been 
modified by the terms of the amended permit and any plans approved in writing by or on behalf 
of the Commission. 

G. Life of Authorization. Unless otherwise provided in this amended permit, all the terms and 
conditions of this amended permit shall remain effective for so long as the amended permit 
remains in effect or for so long as any use or construction authorized by this amended permit 
exists, whichever is longer. 

H. Commission Jurisdiction. Any area subject to the jurisdiction of the San Francisco Bay 
Conservation and Development Commission under either the McAteer-Petris Act or the Suisun 
Marsh Preservation Act at the time the amended permit is granted or thereafter shall remain 
subject to that jurisdiction notwithstanding the placement of any fill or the implementation of any 
substantial change in use authorized by this amended permit. Any area not subject to the 
jurisdiction of the San Francisco Bay Conservation and Development Commission that becomes, 
as a result of any work or project authorized in this amended permit, subject to tidal action shall 
become subject to the Commission’s “bay” jurisdiction. 

I. Changes to the Commission’s Jurisdiction as a Result of Natural Processes. This amended 
permit reflects the location of the shoreline of San Francisco Bay when the permit was issued. 
Over time, erosion, avulsion, accretion, subsidence, relative sea level change, and other factors 
may change the location of the shoreline, which may, in turn, change the extent of the 
Commission’s regulatory jurisdiction. Therefore, the issuance of this amended permit does not 
guarantee that the Commission’s jurisdiction will not change in the future. 

J. Violation of Permit May Lead to Permit Revocation. Except as otherwise noted, violation 
of any of the terms of this amended permit shall be grounds for revocation. The Commission 
may revoke any amended permit for such violation after a public hearing held on reasonable 
notice to the permittee or its assignee if the amended permit has been effectively assigned. If the 


















PERMIT NO. M77-113 

Santa Clara Valley Water District 
(Issued on February 9,1978, As 
Amended Through May 5, 2010) 

AMENDMENT NO. FOUR 

Page 12 


amended permit is revoked, the Commission may determine, if it deems appropriate, that all or 
part of any fill or structure placed pursuant to this amended permit shall be removed by the 
permittee or its assignee if the amended permit has been assigned. 

K. Should Permit Conditions Be Found to be lleqal or Unenforceable. Unless the Commission 
directs otherwise, this amended permit shall become null and void if any term, standard 
condition, or special condition of this amended permit shall be found illegal or unenforceable 
through the application of statute, administrative ruling, or court determination. If this amended 
permit becomes null and void, any fill or structures placed in reliance on this amended permit 
shall be subject to removal by the permittee or its assignee if the amended permit has been 
assigned to the extent that the Commission determines that such removal is appropriate. Any 
uses authorized shall be terminated to the extent that the Commission determines that such uses 
should be terminated. 

L. Permission to Conduct Site Visit. The permittee shall grant permission to any member of 
the Commission’s staff to conduct a site visit at the subject property during and after 
construction to verify that the project is being and has been constructed in compliance with the 
authorization and conditions contained herein. Site visits may occur during business hours 
without prior notice and after business hours with 24-hour notice. 

Executed at San Francisco, California, on behalf of the San Francisco Bay Conservation and 
Development Commission on the date first above written. 


WILL TRAVIS 
Executive Director 
San Francisco Bay Conservation and 
Development Commission 



CS/MBL/ra 

cc: U. S. Army Corps of Engineers, Attn.: Regulatory Functions Branch 

San Francisco Bay Regional Water Quality Control Board, 

Attn.: Certification Section 
Environmental Protection Agency 
State Lands Commission 



PERMIT NO. M77-113 

Santa Clara Valley Water District 
(Issued on February 9,1978, As 
Amended Through May 5,2010) 

AMENDMENT NO. FOUR 

Page 13 


^ 5jc ^ )jc jjc 5^ 5^ ^ ^ ^ ^ 

Receipt acknowledged, contents understood and agreed to: 

Executed at _ _ 

Applicant 


On 


By: 


Title