1. (a) Every application for a permit authorizing an encroachment within the Department's right-of-way shall be submitted on Department's DWR 33, (REV 1/15) “Encroachment Permit Application”, hereby incorporated by reference. The form can be downloaded at the Department's website at www.water.ca.gov. All applications shall either be typed or filled out legibly in ink. All applications shall be signed by the person(s) responsible for compliance with the encroachment permit terms, conditions, and financial liabilities.

2. (b) Construction and Work Plan Requirements

   1. (1) The application shall be accompanied by a minimum of two (2) hard-copy sets and one (1) electronic (PDF format) set of calculations, specifications, and detailed construction and work plans showing plan views, profiles, and sections of proposed work within the Department's right-of-way. Hard-copy plan sets must be 24x36 inch.
   2. (2) Every plan submitted, or resubmitted, for department review and approval shall contain the original California registered professional engineer's stamp and signature.
   3. (3) Plans shall show an accurate and easily recognizable boundary of the Department's right-of-way and a North Arrow. The Department's right-of-way shall be clearly labeled with arrows pointing to the boundaries, and shall include a scale and legend.
   4. (4) Applicant's plans shall clearly show the physical location of all proposed work, construction and associated activities within the Department's right-of-way.
   5. (5) All State Water Project facilities, including, but not limited to, pipelines, appurtenances, canals, operating roads, fences, communication and control cables, drainage structures, shall be shown on the construction plans throughout the area of proposed construction and work.

   6. (6) The following note shall be placed on each construction plan sheet where work will be performed within the Department's right-of-way:

      “A SEVEN (7) DAY ADVANCE NOTIFICATION IS REQUIRED PRIOR TO STARTING WORK WITHIN THE DEPARTMENT OF WATER RESOURCES RIGHT-OF-WAY. CONTACT THE DEPARTMENT OF WATER RESOURCES, DIVISION OF ENGINEERING, ENCROACHMENT PERMIT SECTION, SACRAMENTO, CALIFORNIA AT (800) 600-4397. THE APPROPRIATE DEPARTMENT FIELD DIVISION SHALL BE SIMULTANEOUSLY NOTIFIED BY THE PERMIT HOLDER.

      MEASURES SHALL BE TAKEN BY THE CONTRACTOR TO PROTECT IN PLACE ALL SWP FACILITIES AND APPURTENANCES, INCLUDING BUT NOT LIMITED TO COMMUNICATION AND CONTROL CABLES AND CATHODIC PROTECTION TEST STATIONS. THE PERMITTEE AND CONTRACTOR WILL BE LIABLE FOR ALL DAMAGES TO SWP FACILITIES AND APPURTENANCES AS A RESULT OF THE CONSTRUCTION, AND FOR ANY OTHER DAMAGES OR LOSSES SUFFERED BY DEPARTMENT OR ITS WATER CONTRACTORS, INCLUDING POWER, IRRIGATION, MUNICIPAL AND INDUSTRIAL WATER SUPPLY, AND COMMUNICATION LOSSES.”

   7. (7) If trench excavation is a part of the proposed encroachment, the following note shall be placed on each construction plan sheet where work will be performed within the Department's right-of-way:

      “ALL TRENCH EXCAVATION SHALL COMPLY WITH THE MOST CURRENT OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION STANDARDS. TRENCH BACKFILL SHALL BE PLACED IN NO GREATER THAN 4-INCH LIFTS IF HAND COMPACTED OR NO GREATER THAN 8-INCH LIFTS IF POWER COMPACTED. TRENCH BACKFILL WITHIN DEPARTMENT OF WATER RESOURCES RIGHT-OF-WAY SHALL BE COMPACTED TO 95 PERCENT RELATIVE COMPACTION (ASTM D1557-12).”

      ASTM D1557-12 “Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort” (REV 5/1/2012), hereby incorporated by reference.

   8. (8) The following note shall be placed on each construction plan sheet that shows the Department's communication and control cables where work will be performed within the Department's right-of-way:

      “COMMUNICATION AND CONTROL CABLES CONNECTED WITH THE OPERATION OF THE STATE WATER PROJECT ARE BURIED ALONG EITHER OR BOTH SIDES OF THE AQUEDUCT/PIPELINE WITHIN DEPARTMENT OF WATER RESOURCES RIGHT-OF-WAY, AS APPROXIMATELY DEPICTED ON THIS PLAN. PRIOR TO ANY EXCAVATION IN THIS AREA, THE CABLE(S) SHALL BE LOCATED AND EXPOSED BY POTHOLING IN THE PRESENCE OF A DEPARTMENT OF WATER RESOURCES FIELD DIVISION REPRESENTATIVE. CALL AT LEAST SEVEN (7) DAYS IN ADVANCE FOR AN APPOINTMENT. ALL EXCAVATIONS WITHIN THREE (3) FEET OF THE CABLE(S) SHALL BE DONE USING HAND-HELD TOOLS ONLY.”

   9. (9) The following note shall be placed on each construction plan sheet where trench excavation will be performed within the Department's right-of-way:

      “ALL TRENCH EXCAVATION SHALL COMPLY WITH THE MOST CURRENT OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION STANDARDS. TRENCH BACKFILL SHALL BE PLACED IN NO GREATER THAN 4-INCH LIFTS IF HAND COMPACTED OR NO GREATER THAN 8-INCH LIFTS IF POWER COMPACTED. TRENCH BACKFILL WITHIN DEPARTMENT OF WATER RESOURCES RIGHT-OF-WAY SHALL BE COMPACTED TO 95 PERCENT RELATIVE COMPACTION (ASTM D1557-12).”

   10. (10) Embankments shall not be permitted within the Department's right-of-way where the State Water Project underground pipeline exists, unless the Department determines that the embankment does not pose a hazard to the integrity of the pipeline or impedes pipeline maintenance.
   11. (11) If an existing road embankment is to be widened, the construction of the new section shall be consistent with the original embankment.
   12. (12) If existing drainage features are to be modified during construction, detailed construction plans showing the proposed drainage replacement/restoration shall be submitted for review and approval by the Department.

3. (c) Environmental Review

   1. (1) Each application will be evaluated by the Department with respect to applicant's compliance with Federal, State and local environmental laws, including, but not limited to:

      a) The California Environmental Quality Act, Public Resources Code section 21000 et seq. (CEQA) and the CEQA Guidelines, Title 14, California Code of Regulations, section 15000 et seq. The staff recommendations may include proposals for mitigation to avoid significant impacts to the environment.

      b) The Public Resource Code 5024.

      c) The National Environmental Policy Act, Title 42 of the United States Code section 4321 et seq.

   2. (2) The permittee shall provide written confirmation of compliance with all Federal, State, and local environmental requirements. Throughout construction activities, the permittee shall fulfill all identified environmental issues/requirements.
   3. (3) If the Department is the Lead Agency under CEQA and is required to prepare an environmental document for an encroachment pursuant to CEQA, all Departmental costs associated with the preparation of an environmental impact report (EIR), initial study, or negative declaration, shall be reimbursed by the applicant before a permit will be issued.
   4. (4) The permittee shall provide access to the area of the proposed work to the Department for environmental, engineering or other purposes related to the Department's review of the application.

4. (d) Construction Equipment

   1. 1. Type and weight of the construction equipment and the crossing location(s) over SWP pipeline shall be submitted for review and approval by the Department.

Note: Authority cited: Section 12899.9, Water Code. Reference: Sections 12899.1(b), 12899.1(e), 12899.2(b), 12899.2(d), 12899.2(e) and 12899.2(f), Water Code.

History

1. New article 5 (sections 610.1-610.11) and section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).