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Tri Dam Lake Tulloch Management Plan

TULLOCH PROJECT
FERC NO. 2067

TULLOCH RESERVOIR

SHORELINE MANAGEMENT PLAN

Amended
August 2007


Tri-Dam Project
 
TABLE OF CONTENTS

1.0 BACKGROUND 1-1

2.0 DESCRIPTION OF THE TULLOCH PROJECT 3-1

3.0 PURPOSE OF RESERVOIR SHORELINE MANAGEMENT PLAN 3-2

4.0 GENERAL REQUIREMENTS 4-1
 4.1 General 4-1
 4.2 Application Procedure 4-1
 4.3 Construction 4-2
 4.4 Inspection 4-2
 4-5 General Notes 4-2
 4.6 Violations and Enforcement 4-3

5.0 COMMERCIAL FACILITIES PROGRAM 5-1
 5.1 General 5-1
 5.2 Application Procedure 5-1
 5.3 Criteria for Commercial Facilities 5-1

6.0 PRIVATE FACILITIES PROGRAM 6-1
 6.1 General 6-1
 6.2 Application Procedure 6-1
 6.3 Criteria for Private Facilities 6-1

7.0 EXCAVATION PROGRAM 7-1
 7.1 General 7-1
 7.2 Application Procedure 7-1
 7.3 Criteria for Excavation 7-1

8.0 SHORELINE MANAGEMENT & STABILIZATION PROGRAM 8-1
 8.1 General 8-1
 8.2 Application Procedure 8-1
 8.3 Criteria for Shoreline Stabilization and Erosion Protection Facilities 8-1

9.0 BUOY AND SIGNAGE PROGRAM 9-1
 9.1 General 9-1
 9.2 Application Procedure 9-1
 9.3 Criteria for Buoy Installation 9-1

10.0 RECREATION AND USE PLANNING PROGRAM 10-1
 10.1 General 10-1

 
GLOSSARY OF TERMS

Term Definition
Application Tri-Dam Project form upon which an applicant describes and officially requests permission of a given use or facility within the FERC Project Boundary.
Boathouse/
Covered Boatslip A floating, roofed structure with open sides and designed for permanent or temporary watercraft storage.
Boatlift A facility within or adjacent to a boatslip designed to lift a boat or watercraft above the normal high water level for temporary or permanent storage purposes.
Boatslip An unroofed structure designed for temporary or permanent watercraft storage.  A boatslip is normally 10feet wide by 20 feet long and is confined by at least three sides.  One boatslip can accommodate only one watercraft at a time.
Buoy A floating waterway marker.
Commercial/
Non-residential A shoreline/reservoir use that involves the use of project lands and waters for facilities where boats can be launched, retrieved or moored and where provisions for food services or convenience retailing, including petroleum dispensing, wet and dry storage of watercraft and other activities normally associated with marinas, campgrounds and yacht clubs are made.
Non-Commercial/
Residential A shoreline/reservoir use that involves the use of project lands and waters for facilities where boats can be launched, retrieved or moored for the purpose of providing access to the reservoir for certain residential property owners, particularly off-water lots and multi-family dwellings.   Residential properties associated with this classification include townhouses, condominiums and subdivision access lots.
Dock A facility located on the reservoir which is designed to accommodate the parking and/or in water storage of watercraft.
Earthfill The placement of fill material (soil or rock) within the FERC Project Boundary.
Encroachment
Permit A permit which provides authorization of for a particular use or facility within the FERC Project Boundary.
Excavation Removal of soil or rock material from within the FERC Project Boundary.
Facility Any structure, use, or combination of structures that are placed within the FERC Project Boundary.  A structure includes, but is not limited to a boat ramp, dock, buoy or other mooring facility, basin, retaining wall, float, access ramp, stairs or piers.
Facility Expansion The modification of an existing facility that results in an increase of its reservoir incursion, increased decking square footage, increased dock size, an increase in the number of boats it can accommodate, or increases or decreases in water storage quantities.
Facility Maintenance or Rebuild The reconfiguring or repairing of existing facilities in a like for like fashion.  Rebuilds are minor in nature and do not result in any significant modification or expansion of project facilities.
Fee A dollar amount paid by the applicant to the Tri-Dam Project to help offset Tri-Dam Project’s costs for processing of encroachment permit applications and other reservoir use permits.
FERC Federal Energy Regulatory Commission, the federal agency that issues permits for hydroelectric projects to non-federal entities and for from whom Tri-Dam Project must obtain approval for any facilities within the FERC Project Boundary.
Float A floating platform for use by swimmers or for docking watercraft.
Full Reservoir Elevation The elevation, measured in feet above mean sea level, of the top of the reservoir’s spillway or the top of the floodgates.  This is normally referred to as the 510 foot elevation.
FERC Project Boundary Also Project Boundary, generally include the reservoir and adjoining lands to the 515 foot contour elevation.
Individual Private Facility A facility which provides access to the reservoir for the owner or lease holder of a single waterfront lot containing one single family type dwelling.  Individual private facilities may include, but are not limited to piering for structures, docks, boathouses, boatshelters, boatlifts, floats, boatslips, and boatramps.
Project A project includes the placement, installation, construction, repair, maintenance or replacement of any Structure, any excavation or the placement of any fill, including Earthfill at Tulloch Reservoir at or below an elevation of 515’.  The replacement, expansion or other alteration of any legally existing  facilities in place at the time of adoption of the Shoreline Management Plan is also included in this definition.
Waterway
Marker Any device designed to be placed in, on, or near the water to convey an official message to a boat operator on matters which may affect health, safety or well being.

 
1.0  BACKGROUND

The Oakdale Irrigation District (OID) and the South San Joaquin Irrigation District (SSJID), cooperatively operating as the Tri-Dam Project, are the owners and operators of the Tulloch  Project (Project).  OID and SSJID received an initial license for the Project (No. 2067) from the Federal Energy Regulatory Commission (FERC) effective on January 1, 1955, for a term ending December 31, 2004.  A new License was issued on February 28, 2006 for a term of 40 years ending on Jan 1, 2046. The new License standard Article 39 and this Shoreline Management Plan provides Tri-Dam Project with the authority to grant permission for use of lands within the FERC Project Boundary without prior approval of FERC for certain incursions into the project boundary.  The FERC Project Boundary is generally defined as the area within the 515 foot elevation contour (five feet above the normal maximum pool elevation) that surrounds the reservoir.  

Historically Tri-Dam Project operated under an initial Reservoir Management Plan with FERC on November 3, 1978, supplemented it on December 8, 1978, and January 9, 1979.  Tri-Dam Project also filed with FERC on November 20, 1978, to permit the Heart Federal Savings and Loan Association to develop and sell lands within the Lake Tulloch Shores Subdivision Unit Nos. 1 and 2.  The adopted regulations including Article 39, which set forth specific development standards which applied to Lake Tulloch Shores. FERC approved the Reservoir Management Plan including the subdivision on February 2, 1979.  Tri-Dam Project requested an additional amendment dealing with construction of erosion protection facilities on July 8, 1998, which FERC approved on October 13, 1998.

In anticipation of obtaining a new license for the Project, Tri-Dam Project, in cooperation with PG&E Company, conducted broad-focus public meetings with resource agencies, non-governmental organizations (NGOs), and other parties interested in relicensing of this Project as well as other projects in the Stanislaus River watershed.  The first of the broad-focus public meetings took place in Stockton, California, on July 27, 1999, at which time the attendees of that meeting decided to refer to the participants at as the Stanislaus Planning Action Team (SPLAT).  Under SPLAT, a number of subgroups were formed.  One of these, the Tulloch Reservoir Shoreline Management Subgroup, was created to develop a new Tulloch Reservoir Shoreline Management Plan (Plan) that would become effective upon issuance of a new license to OID and SSJID for the Tulloch Project, or sooner.  That Plan was filed with the FERC License application.  The new License directed that Tri-Dam filed an updated plan as described below within 1 year, an extension was granted to December 1, 2007


 Within one year of license issuance, the licensee shall revise the Tulloch Reservoir Shoreline Management Plan.  The revised plan shall include, at a minimum: (1) an inventory of sensitive environmental resources within the project boundary (i.e., natural and cultural resources); (2) maps of sensitive shoreline zones that should be afforded extra protection without compromising confidential site locations; (3) strategies that the licensee will implement to protect such sensitive areas from inappropriate encroachment; (4) provisions for future updates to the plan as new information becomes available; and (5) provisions for informing shoreline private landowners about the importance of protecting the zones identified as having sensitive environmental resources.  The licensee shall coordinate the environmental information needed for future updates to this plan, specified in item (4), with the information gathered pursuant to Article 405, item (10) of the vegetation management plan.
 The plan shall be developed in consultation with the California Department of Fish and Game, the U.S. Fish and Wildlife Service, Tuolumne County, Calaveras County, and representatives of homeowner’s associations for land that abuts Tulloch reservoir.  The licensee shall include with the revised shoreline management plan that it files with the Commission, documentation of consultation with the consulted entities, copies of comments and recommendations made in connection with the plan, and a description of how the plan accommodates the comments and recommendations.  The licensee shall allow a minimum of 30 days for consulted entities to comment and to make recommendations before filing the plan with the Commission.  If the licensee does not adopt a recommendation, the filing shall include the licensee's reasons, based on project-specific information.

 The Commission reserves the right to require changes to the plan.  The revised plan shall not be implemented until the licensee is notified that the plan is approved.  Upon Commission approval, the licensee shall implement the revised plan, including any changes required by the Commission.  The shoreline management plan filed with the Tulloch license application shall remain in effect until the Commission approves the revised plan.”

 

 
2.0  DESCRIPTION OF THE TULLOCH PROJECT

The Tulloch Project is a water supply/power project constructed in the late 1950s and on-line in 1958.  It is located mostly on private land in Tuolumne and Calaveras counties on the Stanislaus River.  New Melones Reservoir, a part of the U.S. Bureau of Reclamation’s Central Valley Project, discharges directly into Tulloch Reservoir.   Downstream of Tulloch Reservoir is Goodwin Dam, a diversion dam by which OID, SSJID and Stock East Water District divert water to their respective districts.  Tulloch Project includes: 1) Tulloch Dam and Reservoir; 2) Tulloch Penstock; 3) Tulloch Powerhouse; and 4) Tulloch Switchyard. 

Tulloch Reservoir has a normal maximum water surface elevation of 510 feet, has a surface area of 1,260 acres at full pool, and has a gross storage capacity of 66,968 af.  The reservoir is about 7.0 miles long, has a maximum width of about 2,000 feet, and a maximum depth of about 149 feet.  In normal water years, the reservoir surface elevation fluctuates by about 10 feet over the course of the year and 1-3 feet on a daily basis.  Water is normally released from Tulloch Reservoir through Tulloch Powerhouse located at the base of the dam and through a low level outlet structure, also at the base of the dam.  Each generating unit has a full gate discharge capability of 900 cfs and the low level outlet has a maximum capability of 1,600 cfs.  Water may also be regulated by the spillway gates, which control water elevation from the spillway (elevation 481) to the full reservoir.

The FERC requires that each licensee obtain control over all lands needed for operation and maintenance of the project and for other project purposes, such as flowage, shoreline control and protection of environmental resources.  These lands are identified by the area within what is known as the “FERC Project Boundary.”  For the Tulloch Project, this is an area of about 1,619 acres, and includes all the land within the 515-foot elevation contour surrounding Tulloch Reservoir.  Sixty-one percent of the land within the FERC Project Boundary is privately-owned, twenty-six percent of the land is owned by OID and SSJID, and twelve percent of the land is owned by either the state or the federal government.  OID and SSJID obtained flowage easements for all of the land within the FERC Project Boundary.  These easements allow Tri-Dam Project to overflow, flood and cover said lands with the water created by the construction and operation of Tulloch Dam; enter upon the land to clear, destroy or dispose of any timber or other natural growth, and any obstruction, accumulations, trash, filth and any other thing which would in any way interfere with the use of said reservoir, or the waters therein, or tend to render unsafe or unsanitary either the reservoir created by said Dam or the margin thereof; and grant the right of ingress to and egress from said lands for the above purposes.

Tulloch Reservoir is subject to fluctuating water levels that occur on a daily and seasonal basis.  Tulloch Reservoir is operated by the Tri-Dam Project as an afterbay for the New Melones Project.  Reservoir levels are controlled by the United States Bureau of Reclamation and are subject to fluctuation within the limitations of an agreement required by FERC.  All facilities installed within the reservoir and persons using the reservoir should be aware of the daily and seasonal water fluctuations.  The operating levels are issued by the Bureau of Reclamation and distributed each year to interested persons

3.0  PURPOSE OF RESERVOIR SHORELINE MANAGEMENT PLAN

As discussed above, Tri-Dam Project operates the Tulloch Project, including Tulloch Reservoir, under a license issued by the FERC.  This license specifically requires that 1) Tri-Dam Project obtain FERC approval of any actions that in any way would reduce the storage capacity of Tulloch Reservoir, and 2) Tri-Dam Project obtain FERC approval for the use of lands within the FERC Project Boundary.  Tri-Dam Project appreciates that there is considerable public interest for development of the Tulloch Reservoir shoreline within the FERC Project Boundary, and that some of this development has relatively minor impacts on reservoir storage or Project operation.  To facilitate these minor development activities within the FERC Project Boundary and avoid the need for obtaining FERC approval for each and every individual development activity, Tri-Dam Project plans to secure FERC approval for general approval of the minor development activities through the submittal of this plan

Tri-Dam received special authorization for the Shores of Poker Flat permitting a unique authorization to construct buildings extending beyond the 515 elevation and into the reservoir.  This unique authorization will be preserved for Poker Flat.  All other areas will be limited to shoreline protection and docks with related access facilities in keeping with efforts to preserve and protect the remaining shoreline of Tulloch Reservoir.

Developments that are not covered under this plan may be considered by Tri-Dam Project, but developers should be aware that it will be necessary for Tri-Dam Project to approach FERC specifically for approval of that development.   

This Plan describes the minor development activities for which Tri-Dam Project has requested FERC’s prior approval, and describes how Tri-Dam Project would issue encroachment permits for each of these activities. This plan is intended to assist in the process by providing detailed criteria for the minor development activities and encroachment permit application procedures.  The objectives of these guidelines are:

• To provide clear guidelines for shoreline development
• To meet regulatory requirements
• To protect Tri-Dam’s power generation interests
• To protect and enhance the scenic, environmental, and public recreational value of the reservoir

Specifically, the minor development activities addressed in this plan include:

• Private Facilities Program
• Commercial Facilities Program
• Excavation Program
• Shoreline Management Program
• Recreational Program
• Miscellaneous Reservoir Uses Program

All proposed development activities are subject to the requirement of obtaining an encroachment permit from the Tri-Dam Project. All such activities may have an application filing fee, user fee, and security deposit to offset reasonable costs associated with the continued operation of a comprehensive management program and to ensure compliance with the program guidelines.

IT IS IMPORTANT TO NOTE THAT PLANNING, CONSTRUCTING, OPERATING AND MAINTAINING THE MINOR DEVELOPMENTS COVERED UNDER THIS PLAN MAY REQUIRE OBTAINING LOCAL, STATE AND FEDERAL PERMITS AND APPROVALS IN ADDITION TO AN ENCROACHMENT PERMIT FROM TRI-DAM PROJECT.  IT IS THE SOLE RESPONSIBILITY OF THE PARTY PROPOSING THE DEVELOPMENT TO IDENTIFY AND OBTAIN THESE PERMITS.  CONSULTING WITH OR OBTAINING AN ENCROACHMENT PERMIT FROM TRI-DAM PROJECT IN NO WAY RELIEVES THE PARTY PROPOSING THE DEVELOPMENT FROM IDENTIFYING AND OBTAINING THESE OTHER PERMITS AND APPROVALS. 

Tri-Dam Project recognizes that there are existing, legally installed facilities within the FERC Project Boundary at the time of adoption of these guidelines.  This document applies to the replacement, expansion or other alteration of these legally existing facilities and to all future facilities. 


Tri-Dam may implement a fee program for all existing and future docks and encroachments to offset the cost of administering and managing the Shoreline Management Plan.
4.0  GENERAL REQUIREMENTS

4.1  General

In addition to the requirement of obtaining an encroachment permit from the Tri-Dam Project, application may require additional review by other local, state and federal agencies.  It is the sole responsibility of the party proposing the development to identify and obtain all necessary permits. All commercial facilities applications require prior authorization from FERC, subject to license requirements.  In addition, the Tri-Dam Project may require the applicant to enter into a lease or use agreement, depending upon the scope and type of the project to ensure that construction and operation of the proposed facility will not interfere with project purposes.

4.2  Application Procedure

1) An individual initiates an application request by contacting the Tri-Dam Project via phone at (209) 532-3838 or (209) 785-3838, by mail or via the internet (info@tridamproject.com).

2) All applications must include the following information (as a minimum) to start the review process:

a) Completed Tri-Dam Project Application Form
b) Basic description of the proposed facility (e.g.-20 slip marina)
c) Intended users (e.g.-subdivision lot owners, general public, etc)
d) Engineered site plan depicting the location of all facilities with elevations and property lines shown.
e) Location of project within the reservoir
f) A list of all permits and agency approvals identified by the applicant for the construction, operation and maintenance of this facility. 

3) Tri-Dam reviews the application to determine that the proposed activity is consistent with the Reservoir Management Plan and FERC license requirements including the Shoreline Erosion Plan, Vegetation Management Plan, Wildlife Management Plan and Western Pond Turtle Plan .  If the project is not consistent with the Reservoir Management and other Plans, the applicant will have to redesign the project or seek FERC’s approval of an amendment to the Reservoir Management Plan.  Any FERC approval done at this stage will be done at the applicant’s expense.  An on-site review will normally be conducted at this stage.

4) The applicant will be required to obtain the necessary permits and provide them to Tri-Dam.  A list of the permits which may be required for a project include the following:  Section 404 Permit-US Army Corps of Engineers, County Building Permit, Fish & Game Permit,  Regional Water Quality Control Board Permit. If a house and/or deck is to be located below the 515’ elevation, the County will not issue a building permit until an encroachment permit is issued by Tri-Dam.  This list is not exclusive and it is the applicant’s responsibility to investigate necessary permit requirements and obtain all required permits.

5) Tri-Dam will coordinate with the applicant to ensure that any necessary changes or additional information can be obtained promptly.

6) Tri-Dam then completes the permitting process, issues the permit and sends the applicant a copy of all permit documents.  The applicant must execute a Hold Harmless document as a part of the final permit issuance process.  The applicant may also be required to execute a lease/use agreement for the facilities, if located on lands owned by Tri-Dam, depending on the nature of the project.

7) All Facilities must be fully contained within the applicant’s property lines and may not cross private property lines.

8) Any project shall be designed with the protection of the public health, safety and welfare in mind, as well as for the protection of the scenic and wildlife habitat values of the area.

4.3  Construction

1) Construction progress is monitored by Tri-Dam as required by permit conditions.  The applicant is required to contact Tri-Dam prior to the initiation of excavation and construction and upon completion of construction so that compliance with the approved permit can be verified by site inspection.

4.4  Inspection

1) The Facility will be inspected periodically for compliance with project conditions and use agreements, the FERC order and any other Tri-Dam requirements.

2) The construction of any facility must be completed as described in the approved permit and within twelve months from the date of permit approval by Tri-Dam.  A one-year extension may be considered if the applicant files a written request with Tri-Dam, prior to the original permit expiration date.  If during the extension period additional guidelines are imposed, the new construction will be required to comply to the maximum extent practicable.  If warranted, a project may be approved in phases, with approval timelines as specified in the encroachment permit. Additional conditions may be imposed as needed.

4.5  General Notes

Since every possible situation cannot be anticipated, Tri-Dam reserves the right to make decisions in cases not specifically covered by these guidelines. Requests for variances from these guidelines will be considered on a case-by-case basis subject to demonstration that the proposed variance results from a physical constraint or other limitation which result in a substantial hardship to the applicant if imposed.  Furthermore, it must be demonstrated that approval of the variance would not conflict with any other standard or create conflicts with adjoining properties or other reservoir use.  Additional review and consideration by FERC may be required. 

All proposed projects are subject to Tri-Dam’s review and approval to ensure that the proposed project is consistent with the FERC license and management agreement.

In considering requests for development approval, Tri-Dam must take into consideration the various environmental constraints, development patterns, physical reservoir characteristics, and adjacent land uses which may exist.  In accordance with these factors, applicants may be required to redesign or otherwise alter their proposals in order for the project to be approved.

There are existing structures and improvements permitted under prior permits or “grandfathered” into existence, which may not be compatible with current and future guidelines.  These structures may be maintained or repaired though their use does not conform with these guidelines.  When it becomes necessary to replace, expand or otherwise alter a previously approved non-complying structure, the new structure must comply with the guidelines in effect at the time of replacement.

The Tri-Dam Project reserves the right to make alterations to these guidelines should they become necessary over time, following notice and comment by interested parties and affected property owners.

4.6  Violations and Enforcement

Tri-Dam staff will issue stop work notices for any violations that are detected within the FERC Project Boundary of the reservoir.  Consequences for violations may include one or more of the following:

 Unwanted construction delays.
 Suspension or cancellation of approved applications.
 Increases in fees.
 Modification or removal of non-complying structures and restoration of disturbed areas at the owner’s expense.
 Loss of any consideration for future reservoir use applications
until the violation is successfully resolved.
5.0  COMMERCIAL FACILITIES PROGRAM

5.1  General

All parties desiring to construct, expand or rebuild a commercial facility any part of which lies within the FERC Project Boundary of Tulloch Reservoir (at or below the 515 elevation contour) must obtain authorization from the Tri-Dam Project prior to the initiation of excavation or construction. A commercial facility is defined as any use or facility within the Project Boundary which is non-single family residential.  Thus any facility, use or proposal other than that proposed for a single family residential unit is subject to the following guidelines.

5.2 Application Procedure

An applicant must complete the Application Process described in Section 4.0, General Requirements, of this Plan.

5.3  Criteria for Commercial Facilities

These include public marinas, campgrounds, parks and any other non-single family residential project.

1) Facilities may not extend more than one-third the distance to the opposite shoreline or more than one hundred feet from the project’s shoreline, whichever is more limiting. See figure.

2) All flotation materials shall be puncture resistant and designed not to sink, if punctured.  Steel drums are prohibited and uncoated, beaded polystyrene will not be permitted for new construction.

3) Reflectors shall be placed on the two furthermost corners of the structure that extend into the water and along the sides of the structure from the end back to toward the shore.

4) All fixed pier decking must be at least one foot above the normal high water elevation (510 water level).

5) A facility accommodating watercraft equipped with devices that can produce a wastewater discharge (e.g. marine toilet, shower, sink, kitchen fixed or portable holding tank) is required to provide sanitation facilities for pump-out and/or deposit of waste.

6) Structures built or used within the FERC Project Boundary must not contain sinks, toilets, showers, or any other type of devices which could cause liquid or solid waste to be discharged into the lake.
(Note:  Boat fueling facilities are an exception to this requirement but must conform to all applicable federal, state and local laws and  regulations).

7) All facilities shall be setback from the property lines in accordance with county zoning regulations for structures.
 
6.0  PRIVATE FACILITIES PROGRAM

6.1  General

All parties desiring to construct, expand or rebuild a private single family facility within the FERC Project Boundary of Tulloch Reservoir (at or below the 515 elevation contour) must obtain authorization from the Tri-Dam Project prior to the initiation of excavation or construction. All facilities must be constructed on the applicant’s deeded waterfront lot for the purpose of providing private access for occupant of single family type dwellings.

6.2  Application Procedure

An applicant must complete the Application Process described in Section 4.0, General Requirements, of this Plan.

6.3  Criteria for Private Facilities

1) All facilities shall be designed to ensure that the facilities are located as close to the shoreline as possible, and shall not extend more than forty feet from the shoreline, at high-water (510 water level) elevations. An owner may apply for a facility that extends further than forty feet if it can be demonstrated that the forty feet restriction would make the facility unfeasible given environmental considerations such as topography or terrain.  In addition, it must be demonstrated that the facility would not obstruct or interfere with the access of adjacent parcels and public lake use.

2) Reflectors shall be placed on the two furthermost corners of any dock structure that extends into the water.

3) All fixed pier decking must be at least one foot above the normal high water elevation (510’).  No portion of the structure will be approved for habitation purposes, as this area is subject to potential inundation.

4) Floatation materials, if used, shall be puncture resistant and designed not to sink, if punctured. 

5) Structures built within the FERC Project Boundary must not contain sinks, toilets, showers, or any other type of device which could cause any liquid or solid waste to be discharged into the lake.

6) The sides of gazebos, boatshelters and boathouses are not to be enclosed. Handrails may be installed for safety, but must not be enclosed.

7) The maximum allowed docking area for single family residential facilities is four hundred forty square feet of surface area for a slip type dock and four hundred square feet of surface area for a platform dock.  In addition, two personal water craft ports not exceeding 50 square feet each may be permitted.

8) An awning if installed shall not exceed the footprint of the dock area, excluding personal watercraft ports.  Overhangs are not permitted.
9) Two story docks are not permitted.
10) All facilities shall be setback from the property lines in accordance with county zoning regulations for structures.
 
7.0  EXCAVATION PROGRAM

7.1  General

All parties desiring to excavate or remove soil and/or materials from within the project boundaries must obtain written authorization from Tri-Dam prior to beginning any such activity.

7.2  Application Procedure

An applicant must complete the Application Process described in Section 4.0, General Requirements, of this Plan.

7.3  Criteria for Excavation
 
1) All work shall be done in the “dry”, under limits prescribed by the applicable state and local agencies, including the California Department of Fish & Game, California Regional Water Quality Control Board, US Army Corps of Engineers and any other agencies as may be required..

2) Any material excavated in accordance with an approved permit shall be deposited outside of the FERC Project boundaries, with sufficient protection  to ensure that no material is allowed to slough off into the FERC Project Boundary .

3) Preserve existing vegetation and replant with natural vegetation, use of weed free straw to protect against erosion and use of best management practices to minimize erosion and siltation.  Avoid any critical habitat disturbances.

4) The applicant must be the owner or lease holder of the land impacted or used by any proposed waterfront facility.   The responsibility is considered to transfer automatically along with ownership and leases.

5) The excavation shall be designed to be the minimum amount necessary to accomplish the stated objective, however, in no case shall the maximum material excavated exceed 1,000 cubic yards per single family lot or applicable government regulations, whichever is less.  Excavation requests exceeding this limitation may be considered, however, FERC review and approval is also required prior to approval by Tri-Dam.  Additional permits from other agencies may be required as well and it is the applicant’s sole responsibility to  investigate necessary permit requirements and to obtain required permits

6) At all times, appropriate drainage controls and safety standards shall be employed.

 
8.0  SHORELINE MANAGEMENT & STABILIZATION PROGRAM

8.1  General

All parties desiring to construct shoreline protection devices or other erosion protection devices within the FERC Project Boundary  of Tulloch Reservoir must obtain authorization from the Tri-Dam Project prior to the initiation of any activity/construction within the FERC Project Boundary. Applicants are encouraged to design all facilities so as to preserve the natural appearance of the shoreline. The installation of erosion protection devices shall balance preservation of the natural shoreline, wherever possible and the use of vertical retaining walls or similar facilities shall be prohibited, exhibit where there is no feasible alternative. Landscape plantings are encouraged, other measures in combination with planting will be considered.  Tri-Dam’s FERC approved “Shoreline Erosion Plan” will be reviewed and as appropriate applied to each project.


8.2  Application Procedure

An applicant must complete the Application Process described in Section 4.0, General Requirements, of this Plan.

8.3  Criteria for Shoreline Stabilization and Erosion Protection Facilities
 
1) Shoreline stabilization or erosion protection devices that would substantially alter the FERC Project Boundary will not be permitted.  Natural plantings including willows and cottonwoods are the preferred mechanism for erosion control.

2) Shoreline stabilization or erosion protection devices shall be designed to protect the natural appearance of the shoreline, wherever possible.  Rip-rap or similar material shall be placed along the base of all walls or bulkheads subject to permit requirements based upon physical characteristics of the subject property.

3) The limits of shoreline stabilization or erosion protection devices shall be in accordance with all related Tulloch plans, local ordinances and best practices.

4) The use of tires, scrap metal, crush block or other types of material that are not aesthetically acceptable is prohibited for stabilization.

5) The applicant must be the owner or lease holder of the land immediately adjoining any proposed waterfront facility. Tri-Dam will hold the applicant fully responsible for the permitted project.  The responsibility is considered to transfer automatically along with ownership and leases.
 
9.0  BUOYS AND SIGNAGE PROGRAM

9.1  General

In 1999, the Tri-Dam Project implemented a new buoy and signage program in conjunction with the Calaveras and Tuolumne Sheriff’s units.  Development of the plan began in 1998 at the request of the Calaveras and Tuolumne Boating Patrol Units.  The plan was designed to provide the public with orderly implementation of applicable watercraft regulations to ensure greater safety of the recreational watercraft users at Tulloch.

The plan included the removal of all existing, older buoys on the reservoir and replacement with new buoys in locations as specified by the Boating Patrol Units in compliance with waterway regulations.  New signs were also installed in key locations to better inform the public of application 5 mph zones.  Handouts were also distributed to homeowner associations, business and marina operators.

In the future, this plan will be reviewed periodically for compliance with applicable watercraft regulations and revised as appropriate.  It is anticipated that no buoys will be placed within the reservoir without approval of the Tri-Dam Project, and other agencies as may be required.  Placement of individual buoys by homeowners is discouraged, unless a specific need can be demonstrated.

9.2  Application Procedure

An applicant must complete the Application Process described in Section 4.0, General Requirements, of this Plan.

9.3  Criteria for Buoy Installation

1) Buoy installation which does not conform to the approved Buoy Master Plan( need copy of plan) shall not be approved.

2) The applicant must be the owner or lease holder of the land immediately adjoining any proposed waterfront facility. Tri-Dam will hold the applicant fully responsible for the permitted project.  The responsibility is considered to transfer automatically along with ownership and leases.

 
10.0  RECREATION AND USE PLANNING PROGRAM

10.1  General

As stated previously, the purpose of this document is to set clear guidelines for the implementation of the FERC license by the Tri-Dam Project.  In particular, this Plan focuses on the issuance of encroachment permits by the Tri-Dam Project for lands within the FERC Project Boundary . 

The lands along the shoreline are predominately under private ownership within the Counties of Calaveras and Tuolumne.  As such, these respective agencies have regulatory and statutory control over land use and the development of standards applicable within these areas.  Tri-Dam Project will review and comment on new projects and development proposals as requested by the respective planning agencies to ensure that applicable guidelines, if any, of the FERC license are met.  The Tri-Dam Project will also participate with local, state and federal agencies in the development of adjacent land use and recreational plans as requested.

TULLOCH PROJECT
FERC NO. 2067

TULLOCH RESERVOIR

SHORELINE MANAGEMENT PLAN

Amended
August 2007


Tri-Dam Project
 
TABLE OF CONTENTS

1.0 BACKGROUND 1-1

2.0 DESCRIPTION OF THE TULLOCH PROJECT 3-1

3.0 PURPOSE OF RESERVOIR SHORELINE MANAGEMENT PLAN 3-2

4.0 GENERAL REQUIREMENTS 4-1
 4.1 General 4-1
 4.2 Application Procedure 4-1
 4.3 Construction 4-2
 4.4 Inspection 4-2
 4-5 General Notes 4-2
 4.6 Violations and Enforcement 4-3

5.0 COMMERCIAL FACILITIES PROGRAM 5-1
 5.1 General 5-1
 5.2 Application Procedure 5-1
 5.3 Criteria for Commercial Facilities 5-1

6.0 PRIVATE FACILITIES PROGRAM 6-1
 6.1 General 6-1
 6.2 Application Procedure 6-1
 6.3 Criteria for Private Facilities 6-1

7.0 EXCAVATION PROGRAM 7-1
 7.1 General 7-1
 7.2 Application Procedure 7-1
 7.3 Criteria for Excavation 7-1

8.0 SHORELINE MANAGEMENT & STABILIZATION PROGRAM 8-1
 8.1 General 8-1
 8.2 Application Procedure 8-1
 8.3 Criteria for Shoreline Stabilization and Erosion Protection Facilities 8-1

9.0 BUOY AND SIGNAGE PROGRAM 9-1
 9.1 General 9-1
 9.2 Application Procedure 9-1
 9.3 Criteria for Buoy Installation 9-1

10.0 RECREATION AND USE PLANNING PROGRAM 10-1
 10.1 General 10-1

 
GLOSSARY OF TERMS

Term Definition
Application Tri-Dam Project form upon which an applicant describes and officially requests permission of a given use or facility within the FERC Project Boundary.
Boathouse/
Covered Boatslip A floating, roofed structure with open sides and designed for permanent or temporary watercraft storage.
Boatlift A facility within or adjacent to a boatslip designed to lift a boat or watercraft above the normal high water level for temporary or permanent storage purposes.
Boatslip An unroofed structure designed for temporary or permanent watercraft storage.  A boatslip is normally 10feet wide by 20 feet long and is confined by at least three sides.  One boatslip can accommodate only one watercraft at a time.
Buoy A floating waterway marker.
Commercial/
Non-residential A shoreline/reservoir use that involves the use of project lands and waters for facilities where boats can be launched, retrieved or moored and where provisions for food services or convenience retailing, including petroleum dispensing, wet and dry storage of watercraft and other activities normally associated with marinas, campgrounds and yacht clubs are made.
Non-Commercial/
Residential A shoreline/reservoir use that involves the use of project lands and waters for facilities where boats can be launched, retrieved or moored for the purpose of providing access to the reservoir for certain residential property owners, particularly off-water lots and multi-family dwellings.   Residential properties associated with this classification include townhouses, condominiums and subdivision access lots.
Dock A facility located on the reservoir which is designed to accommodate the parking and/or in water storage of watercraft.
Earthfill The placement of fill material (soil or rock) within the FERC Project Boundary.
Encroachment
Permit A permit which provides authorization of for a particular use or facility within the FERC Project Boundary.
Excavation Removal of soil or rock material from within the FERC Project Boundary.
Facility Any structure, use, or combination of structures that are placed within the FERC Project Boundary.  A structure includes, but is not limited to a boat ramp, dock, buoy or other mooring facility, basin, retaining wall, float, access ramp, stairs or piers.
Facility Expansion The modification of an existing facility that results in an increase of its reservoir incursion, increased decking square footage, increased dock size, an increase in the number of boats it can accommodate, or increases or decreases in water storage quantities.
Facility Maintenance or Rebuild The reconfiguring or repairing of existing facilities in a like for like fashion.  Rebuilds are minor in nature and do not result in any significant modification or expansion of project facilities.
Fee A dollar amount paid by the applicant to the Tri-Dam Project to help offset Tri-Dam Project’s costs for processing of encroachment permit applications and other reservoir use permits.
FERC Federal Energy Regulatory Commission, the federal agency that issues permits for hydroelectric projects to non-federal entities and for from whom Tri-Dam Project must obtain approval for any facilities within the FERC Project Boundary.
Float A floating platform for use by swimmers or for docking watercraft.
Full Reservoir Elevation The elevation, measured in feet above mean sea level, of the top of the reservoir’s spillway or the top of the floodgates.  This is normally referred to as the 510 foot elevation.
FERC Project Boundary Also Project Boundary, generally include the reservoir and adjoining lands to the 515 foot contour elevation.
Individual Private Facility A facility which provides access to the reservoir for the owner or lease holder of a single waterfront lot containing one single family type dwelling.  Individual private facilities may include, but are not limited to piering for structures, docks, boathouses, boatshelters, boatlifts, floats, boatslips, and boatramps.
Project A project includes the placement, installation, construction, repair, maintenance or replacement of any Structure, any excavation or the placement of any fill, including Earthfill at Tulloch Reservoir at or below an elevation of 515’.  The replacement, expansion or other alteration of any legally existing  facilities in place at the time of adoption of the Shoreline Management Plan is also included in this definition.
Waterway
Marker Any device designed to be placed in, on, or near the water to convey an official message to a boat operator on matters which may affect health, safety or well being.

 
1.0  BACKGROUND

The Oakdale Irrigation District (OID) and the South San Joaquin Irrigation District (SSJID), cooperatively operating as the Tri-Dam Project, are the owners and operators of the Tulloch  Project (Project).  OID and SSJID received an initial license for the Project (No. 2067) from the Federal Energy Regulatory Commission (FERC) effective on January 1, 1955, for a term ending December 31, 2004.  A new License was issued on February 28, 2006 for a term of 40 years ending on Jan 1, 2046. The new License standard Article 39 and this Shoreline Management Plan provides Tri-Dam Project with the authority to grant permission for use of lands within the FERC Project Boundary without prior approval of FERC for certain incursions into the project boundary.  The FERC Project Boundary is generally defined as the area within the 515 foot elevation contour (five feet above the normal maximum pool elevation) that surrounds the reservoir.  

Historically Tri-Dam Project operated under an initial Reservoir Management Plan with FERC on November 3, 1978, supplemented it on December 8, 1978, and January 9, 1979.  Tri-Dam Project also filed with FERC on November 20, 1978, to permit the Heart Federal Savings and Loan Association to develop and sell lands within the Lake Tulloch Shores Subdivision Unit Nos. 1 and 2.  The adopted regulations including Article 39, which set forth specific development standards which applied to Lake Tulloch Shores. FERC approved the Reservoir Management Plan including the subdivision on February 2, 1979.  Tri-Dam Project requested an additional amendment dealing with construction of erosion protection facilities on July 8, 1998, which FERC approved on October 13, 1998.

In anticipation of obtaining a new license for the Project, Tri-Dam Project, in cooperation with PG&E Company, conducted broad-focus public meetings with resource agencies, non-governmental organizations (NGOs), and other parties interested in relicensing of this Project as well as other projects in the Stanislaus River watershed.  The first of the broad-focus public meetings took place in Stockton, California, on July 27, 1999, at which time the attendees of that meeting decided to refer to the participants at as the Stanislaus Planning Action Team (SPLAT).  Under SPLAT, a number of subgroups were formed.  One of these, the Tulloch Reservoir Shoreline Management Subgroup, was created to develop a new Tulloch Reservoir Shoreline Management Plan (Plan) that would become effective upon issuance of a new license to OID and SSJID for the Tulloch Project, or sooner.  That Plan was filed with the FERC License application.  The new License directed that Tri-Dam filed an updated plan as described below within 1 year, an extension was granted to December 1, 2007


 Within one year of license issuance, the licensee shall revise the Tulloch Reservoir Shoreline Management Plan.  The revised plan shall include, at a minimum: (1) an inventory of sensitive environmental resources within the project boundary (i.e., natural and cultural resources); (2) maps of sensitive shoreline zones that should be afforded extra protection without compromising confidential site locations; (3) strategies that the licensee will implement to protect such sensitive areas from inappropriate encroachment; (4) provisions for future updates to the plan as new information becomes available; and (5) provisions for informing shoreline private landowners about the importance of protecting the zones identified as having sensitive environmental resources.  The licensee shall coordinate the environmental information needed for future updates to this plan, specified in item (4), with the information gathered pursuant to Article 405, item (10) of the vegetation management plan.
 The plan shall be developed in consultation with the California Department of Fish and Game, the U.S. Fish and Wildlife Service, Tuolumne County, Calaveras County, and representatives of homeowner’s associations for land that abuts Tulloch reservoir.  The licensee shall include with the revised shoreline management plan that it files with the Commission, documentation of consultation with the consulted entities, copies of comments and recommendations made in connection with the plan, and a description of how the plan accommodates the comments and recommendations.  The licensee shall allow a minimum of 30 days for consulted entities to comment and to make recommendations before filing the plan with the Commission.  If the licensee does not adopt a recommendation, the filing shall include the licensee's reasons, based on project-specific information.

 The Commission reserves the right to require changes to the plan.  The revised plan shall not be implemented until the licensee is notified that the plan is approved.  Upon Commission approval, the licensee shall implement the revised plan, including any changes required by the Commission.  The shoreline management plan filed with the Tulloch license application shall remain in effect until the Commission approves the revised plan.”

 

 
2.0  DESCRIPTION OF THE TULLOCH PROJECT

The Tulloch Project is a water supply/power project constructed in the late 1950s and on-line in 1958.  It is located mostly on private land in Tuolumne and Calaveras counties on the Stanislaus River.  New Melones Reservoir, a part of the U.S. Bureau of Reclamation’s Central Valley Project, discharges directly into Tulloch Reservoir.   Downstream of Tulloch Reservoir is Goodwin Dam, a diversion dam by which OID, SSJID and Stock East Water District divert water to their respective districts.  Tulloch Project includes: 1) Tulloch Dam and Reservoir; 2) Tulloch Penstock; 3) Tulloch Powerhouse; and 4) Tulloch Switchyard. 

Tulloch Reservoir has a normal maximum water surface elevation of 510 feet, has a surface area of 1,260 acres at full pool, and has a gross storage capacity of 66,968 af.  The reservoir is about 7.0 miles long, has a maximum width of about 2,000 feet, and a maximum depth of about 149 feet.  In normal water years, the reservoir surface elevation fluctuates by about 10 feet over the course of the year and 1-3 feet on a daily basis.  Water is normally released from Tulloch Reservoir through Tulloch Powerhouse located at the base of the dam and through a low level outlet structure, also at the base of the dam.  Each generating unit has a full gate discharge capability of 900 cfs and the low level outlet has a maximum capability of 1,600 cfs.  Water may also be regulated by the spillway gates, which control water elevation from the spillway (elevation 481) to the full reservoir.

The FERC requires that each licensee obtain control over all lands needed for operation and maintenance of the project and for other project purposes, such as flowage, shoreline control and protection of environmental resources.  These lands are identified by the area within what is known as the “FERC Project Boundary.”  For the Tulloch Project, this is an area of about 1,619 acres, and includes all the land within the 515-foot elevation contour surrounding Tulloch Reservoir.  Sixty-one percent of the land within the FERC Project Boundary is privately-owned, twenty-six percent of the land is owned by OID and SSJID, and twelve percent of the land is owned by either the state or the federal government.  OID and SSJID obtained flowage easements for all of the land within the FERC Project Boundary.  These easements allow Tri-Dam Project to overflow, flood and cover said lands with the water created by the construction and operation of Tulloch Dam; enter upon the land to clear, destroy or dispose of any timber or other natural growth, and any obstruction, accumulations, trash, filth and any other thing which would in any way interfere with the use of said reservoir, or the waters therein, or tend to render unsafe or unsanitary either the reservoir created by said Dam or the margin thereof; and grant the right of ingress to and egress from said lands for the above purposes.

Tulloch Reservoir is subject to fluctuating water levels that occur on a daily and seasonal basis.  Tulloch Reservoir is operated by the Tri-Dam Project as an afterbay for the New Melones Project.  Reservoir levels are controlled by the United States Bureau of Reclamation and are subject to fluctuation within the limitations of an agreement required by FERC.  All facilities installed within the reservoir and persons using the reservoir should be aware of the daily and seasonal water fluctuations.  The operating levels are issued by the Bureau of Reclamation and distributed each year to interested persons

3.0  PURPOSE OF RESERVOIR SHORELINE MANAGEMENT PLAN

As discussed above, Tri-Dam Project operates the Tulloch Project, including Tulloch Reservoir, under a license issued by the FERC.  This license specifically requires that 1) Tri-Dam Project obtain FERC approval of any actions that in any way would reduce the storage capacity of Tulloch Reservoir, and 2) Tri-Dam Project obtain FERC approval for the use of lands within the FERC Project Boundary.  Tri-Dam Project appreciates that there is considerable public interest for development of the Tulloch Reservoir shoreline within the FERC Project Boundary, and that some of this development has relatively minor impacts on reservoir storage or Project operation.  To facilitate these minor development activities within the FERC Project Boundary and avoid the need for obtaining FERC approval for each and every individual development activity, Tri-Dam Project plans to secure FERC approval for general approval of the minor development activities through the submittal of this plan

Tri-Dam received special authorization for the Shores of Poker Flat permitting a unique authorization to construct buildings extending beyond the 515 elevation and into the reservoir.  This unique authorization will be preserved for Poker Flat.  All other areas will be limited to shoreline protection and docks with related access facilities in keeping with efforts to preserve and protect the remaining shoreline of Tulloch Reservoir.

Developments that are not covered under this plan may be considered by Tri-Dam Project, but developers should be aware that it will be necessary for Tri-Dam Project to approach FERC specifically for approval of that development.   

This Plan describes the minor development activities for which Tri-Dam Project has requested FERC’s prior approval, and describes how Tri-Dam Project would issue encroachment permits for each of these activities. This plan is intended to assist in the process by providing detailed criteria for the minor development activities and encroachment permit application procedures.  The objectives of these guidelines are:

• To provide clear guidelines for shoreline development
• To meet regulatory requirements
• To protect Tri-Dam’s power generation interests
• To protect and enhance the scenic, environmental, and public recreational value of the reservoir

Specifically, the minor development activities addressed in this plan include:

• Private Facilities Program
• Commercial Facilities Program
• Excavation Program
• Shoreline Management Program
• Recreational Program
• Miscellaneous Reservoir Uses Program

All proposed development activities are subject to the requirement of obtaining an encroachment permit from the Tri-Dam Project. All such activities may have an application filing fee, user fee, and security deposit to offset reasonable costs associated with the continued operation of a comprehensive management program and to ensure compliance with the program guidelines.

IT IS IMPORTANT TO NOTE THAT PLANNING, CONSTRUCTING, OPERATING AND MAINTAINING THE MINOR DEVELOPMENTS COVERED UNDER THIS PLAN MAY REQUIRE OBTAINING LOCAL, STATE AND FEDERAL PERMITS AND APPROVALS IN ADDITION TO AN ENCROACHMENT PERMIT FROM TRI-DAM PROJECT.  IT IS THE SOLE RESPONSIBILITY OF THE PARTY PROPOSING THE DEVELOPMENT TO IDENTIFY AND OBTAIN THESE PERMITS.  CONSULTING WITH OR OBTAINING AN ENCROACHMENT PERMIT FROM TRI-DAM PROJECT IN NO WAY RELIEVES THE PARTY PROPOSING THE DEVELOPMENT FROM IDENTIFYING AND OBTAINING THESE OTHER PERMITS AND APPROVALS. 

Tri-Dam Project recognizes that there are existing, legally installed facilities within the FERC Project Boundary at the time of adoption of these guidelines.  This document applies to the replacement, expansion or other alteration of these legally existing facilities and to all future facilities. 


Tri-Dam may implement a fee program for all existing and future docks and encroachments to offset the cost of administering and managing the Shoreline Management Plan.
4.0  GENERAL REQUIREMENTS

4.1  General

In addition to the requirement of obtaining an encroachment permit from the Tri-Dam Project, application may require additional review by other local, state and federal agencies.  It is the sole responsibility of the party proposing the development to identify and obtain all necessary permits. All commercial facilities applications require prior authorization from FERC, subject to license requirements.  In addition, the Tri-Dam Project may require the applicant to enter into a lease or use agreement, depending upon the scope and type of the project to ensure that construction and operation of the proposed facility will not interfere with project purposes.

4.2  Application Procedure

1) An individual initiates an application request by contacting the Tri-Dam Project via phone at (209) 532-3838 or (209) 785-3838, by mail or via the internet (info@tridamproject.com).

2) All applications must include the following information (as a minimum) to start the review process:

a) Completed Tri-Dam Project Application Form
b) Basic description of the proposed facility (e.g.-20 slip marina)
c) Intended users (e.g.-subdivision lot owners, general public, etc)
d) Engineered site plan depicting the location of all facilities with elevations and property lines shown.
e) Location of project within the reservoir
f) A list of all permits and agency approvals identified by the applicant for the construction, operation and maintenance of this facility. 

3) Tri-Dam reviews the application to determine that the proposed activity is consistent with the Reservoir Management Plan and FERC license requirements including the Shoreline Erosion Plan, Vegetation Management Plan, Wildlife Management Plan and Western Pond Turtle Plan .  If the project is not consistent with the Reservoir Management and other Plans, the applicant will have to redesign the project or seek FERC’s approval of an amendment to the Reservoir Management Plan.  Any FERC approval done at this stage will be done at the applicant’s expense.  An on-site review will normally be conducted at this stage.

4) The applicant will be required to obtain the necessary permits and provide them to Tri-Dam.  A list of the permits which may be required for a project include the following:  Section 404 Permit-US Army Corps of Engineers, County Building Permit, Fish & Game Permit,  Regional Water Quality Control Board Permit. If a house and/or deck is to be located below the 515’ elevation, the County will not issue a building permit until an encroachment permit is issued by Tri-Dam.  This list is not exclusive and it is the applicant’s responsibility to investigate necessary permit requirements and obtain all required permits.

5) Tri-Dam will coordinate with the applicant to ensure that any necessary changes or additional information can be obtained promptly.

6) Tri-Dam then completes the permitting process, issues the permit and sends the applicant a copy of all permit documents.  The applicant must execute a Hold Harmless document as a part of the final permit issuance process.  The applicant may also be required to execute a lease/use agreement for the facilities, if located on lands owned by Tri-Dam, depending on the nature of the project.

7) All Facilities must be fully contained within the applicant’s property lines and may not cross private property lines.

8) Any project shall be designed with the protection of the public health, safety and welfare in mind, as well as for the protection of the scenic and wildlife habitat values of the area.

4.3  Construction

1) Construction progress is monitored by Tri-Dam as required by permit conditions.  The applicant is required to contact Tri-Dam prior to the initiation of excavation and construction and upon completion of construction so that compliance with the approved permit can be verified by site inspection.

4.4  Inspection

1) The Facility will be inspected periodically for compliance with project conditions and use agreements, the FERC order and any other Tri-Dam requirements.

2) The construction of any facility must be completed as described in the approved permit and within twelve months from the date of permit approval by Tri-Dam.  A one-year extension may be considered if the applicant files a written request with Tri-Dam, prior to the original permit expiration date.  If during the extension period additional guidelines are imposed, the new construction will be required to comply to the maximum extent practicable.  If warranted, a project may be approved in phases, with approval timelines as specified in the encroachment permit. Additional conditions may be imposed as needed.

4.5  General Notes

Since every possible situation cannot be anticipated, Tri-Dam reserves the right to make decisions in cases not specifically covered by these guidelines. Requests for variances from these guidelines will be considered on a case-by-case basis subject to demonstration that the proposed variance results from a physical constraint or other limitation which result in a substantial hardship to the applicant if imposed.  Furthermore, it must be demonstrated that approval of the variance would not conflict with any other standard or create conflicts with adjoining properties or other reservoir use.  Additional review and consideration by FERC may be required. 

All proposed projects are subject to Tri-Dam’s review and approval to ensure that the proposed project is consistent with the FERC license and management agreement.

In considering requests for development approval, Tri-Dam must take into consideration the various environmental constraints, development patterns, physical reservoir characteristics, and adjacent land uses which may exist.  In accordance with these factors, applicants may be required to redesign or otherwise alter their proposals in order for the project to be approved.

There are existing structures and improvements permitted under prior permits or “grandfathered” into existence, which may not be compatible with current and future guidelines.  These structures may be maintained or repaired though their use does not conform with these guidelines.  When it becomes necessary to replace, expand or otherwise alter a previously approved non-complying structure, the new structure must comply with the guidelines in effect at the time of replacement.

The Tri-Dam Project reserves the right to make alterations to these guidelines should they become necessary over time, following notice and comment by interested parties and affected property owners.

4.6  Violations and Enforcement

Tri-Dam staff will issue stop work notices for any violations that are detected within the FERC Project Boundary of the reservoir.  Consequences for violations may include one or more of the following:

 Unwanted construction delays.
 Suspension or cancellation of approved applications.
 Increases in fees.
 Modification or removal of non-complying structures and restoration of disturbed areas at the owner’s expense.
 Loss of any consideration for future reservoir use applications
until the violation is successfully resolved.
5.0  COMMERCIAL FACILITIES PROGRAM

5.1  General

All parties desiring to construct, expand or rebuild a commercial facility any part of which lies within the FERC Project Boundary of Tulloch Reservoir (at or below the 515 elevation contour) must obtain authorization from the Tri-Dam Project prior to the initiation of excavation or construction. A commercial facility is defined as any use or facility within the Project Boundary which is non-single family residential.  Thus any facility, use or proposal other than that proposed for a single family residential unit is subject to the following guidelines.

5.2 Application Procedure

An applicant must complete the Application Process described in Section 4.0, General Requirements, of this Plan.

5.3  Criteria for Commercial Facilities

These include public marinas, campgrounds, parks and any other non-single family residential project.

1) Facilities may not extend more than one-third the distance to the opposite shoreline or more than one hundred feet from the project’s shoreline, whichever is more limiting. See figure.

2) All flotation materials shall be puncture resistant and designed not to sink, if punctured.  Steel drums are prohibited and uncoated, beaded polystyrene will not be permitted for new construction.

3) Reflectors shall be placed on the two furthermost corners of the structure that extend into the water and along the sides of the structure from the end back to toward the shore.

4) All fixed pier decking must be at least one foot above the normal high water elevation (510 water level).

5) A facility accommodating watercraft equipped with devices that can produce a wastewater discharge (e.g. marine toilet, shower, sink, kitchen fixed or portable holding tank) is required to provide sanitation facilities for pump-out and/or deposit of waste.

6) Structures built or used within the FERC Project Boundary must not contain sinks, toilets, showers, or any other type of devices which could cause liquid or solid waste to be discharged into the lake.
(Note:  Boat fueling facilities are an exception to this requirement but must conform to all applicable federal, state and local laws and  regulations).

7) All facilities shall be setback from the property lines in accordance with county zoning regulations for structures.
 
6.0  PRIVATE FACILITIES PROGRAM

6.1  General

All parties desiring to construct, expand or rebuild a private single family facility within the FERC Project Boundary of Tulloch Reservoir (at or below the 515 elevation contour) must obtain authorization from the Tri-Dam Project prior to the initiation of excavation or construction. All facilities must be constructed on the applicant’s deeded waterfront lot for the purpose of providing private access for occupant of single family type dwellings.

6.2  Application Procedure

An applicant must complete the Application Process described in Section 4.0, General Requirements, of this Plan.

6.3  Criteria for Private Facilities

1) All facilities shall be designed to ensure that the facilities are located as close to the shoreline as possible, and shall not extend more than forty feet from the shoreline, at high-water (510 water level) elevations. An owner may apply for a facility that extends further than forty feet if it can be demonstrated that the forty feet restriction would make the facility unfeasible given environmental considerations such as topography or terrain.  In addition, it must be demonstrated that the facility would not obstruct or interfere with the access of adjacent parcels and public lake use.

2) Reflectors shall be placed on the two furthermost corners of any dock structure that extends into the water.

3) All fixed pier decking must be at least one foot above the normal high water elevation (510’).  No portion of the structure will be approved for habitation purposes, as this area is subject to potential inundation.

4) Floatation materials, if used, shall be puncture resistant and designed not to sink, if punctured. 

5) Structures built within the FERC Project Boundary must not contain sinks, toilets, showers, or any other type of device which could cause any liquid or solid waste to be discharged into the lake.

6) The sides of gazebos, boatshelters and boathouses are not to be enclosed. Handrails may be installed for safety, but must not be enclosed.

7) The maximum allowed docking area for single family residential facilities is four hundred forty square feet of surface area for a slip type dock and four hundred square feet of surface area for a platform dock.  In addition, two personal water craft ports not exceeding 50 square feet each may be permitted.

8) An awning if installed shall not exceed the footprint of the dock area, excluding personal watercraft ports.  Overhangs are not permitted.
9) Two story docks are not permitted.
10) All facilities shall be setback from the property lines in accordance with county zoning regulations for structures.
 
7.0  EXCAVATION PROGRAM

7.1  General

All parties desiring to excavate or remove soil and/or materials from within the project boundaries must obtain written authorization from Tri-Dam prior to beginning any such activity.

7.2  Application Procedure

An applicant must complete the Application Process described in Section 4.0, General Requirements, of this Plan.

7.3  Criteria for Excavation
 
1) All work shall be done in the “dry”, under limits prescribed by the applicable state and local agencies, including the California Department of Fish & Game, California Regional Water Quality Control Board, US Army Corps of Engineers and any other agencies as may be required..

2) Any material excavated in accordance with an approved permit shall be deposited outside of the FERC Project boundaries, with sufficient protection  to ensure that no material is allowed to slough off into the FERC Project Boundary .

3) Preserve existing vegetation and replant with natural vegetation, use of weed free straw to protect against erosion and use of best management practices to minimize erosion and siltation.  Avoid any critical habitat disturbances.

4) The applicant must be the owner or lease holder of the land impacted or used by any proposed waterfront facility.   The responsibility is considered to transfer automatically along with ownership and leases.

5) The excavation shall be designed to be the minimum amount necessary to accomplish the stated objective, however, in no case shall the maximum material excavated exceed 1,000 cubic yards per single family lot or applicable government regulations, whichever is less.  Excavation requests exceeding this limitation may be considered, however, FERC review and approval is also required prior to approval by Tri-Dam.  Additional permits from other agencies may be required as well and it is the applicant’s sole responsibility to  investigate necessary permit requirements and to obtain required permits

6) At all times, appropriate drainage controls and safety standards shall be employed.

 
8.0  SHORELINE MANAGEMENT & STABILIZATION PROGRAM

8.1  General

All parties desiring to construct shoreline protection devices or other erosion protection devices within the FERC Project Boundary  of Tulloch Reservoir must obtain authorization from the Tri-Dam Project prior to the initiation of any activity/construction within the FERC Project Boundary. Applicants are encouraged to design all facilities so as to preserve the natural appearance of the shoreline. The installation of erosion protection devices shall balance preservation of the natural shoreline, wherever possible and the use of vertical retaining walls or similar facilities shall be prohibited, exhibit where there is no feasible alternative. Landscape plantings are encouraged, other measures in combination with planting will be considered.  Tri-Dam’s FERC approved “Shoreline Erosion Plan” will be reviewed and as appropriate applied to each project.


8.2  Application Procedure

An applicant must complete the Application Process described in Section 4.0, General Requirements, of this Plan.

8.3  Criteria for Shoreline Stabilization and Erosion Protection Facilities
 
1) Shoreline stabilization or erosion protection devices that would substantially alter the FERC Project Boundary will not be permitted.  Natural plantings including willows and cottonwoods are the preferred mechanism for erosion control.

2) Shoreline stabilization or erosion protection devices shall be designed to protect the natural appearance of the shoreline, wherever possible.  Rip-rap or similar material shall be placed along the base of all walls or bulkheads subject to permit requirements based upon physical characteristics of the subject property.

3) The limits of shoreline stabilization or erosion protection devices shall be in accordance with all related Tulloch plans, local ordinances and best practices.

4) The use of tires, scrap metal, crush block or other types of material that are not aesthetically acceptable is prohibited for stabilization.

5) The applicant must be the owner or lease holder of the land immediately adjoining any proposed waterfront facility. Tri-Dam will hold the applicant fully responsible for the permitted project.  The responsibility is considered to transfer automatically along with ownership and leases.
 
9.0  BUOYS AND SIGNAGE PROGRAM

9.1  General

In 1999, the Tri-Dam Project implemented a new buoy and signage program in conjunction with the Calaveras and Tuolumne Sheriff’s units.  Development of the plan began in 1998 at the request of the Calaveras and Tuolumne Boating Patrol Units.  The plan was designed to provide the public with orderly implementation of applicable watercraft regulations to ensure greater safety of the recreational watercraft users at Tulloch.

The plan included the removal of all existing, older buoys on the reservoir and replacement with new buoys in locations as specified by the Boating Patrol Units in compliance with waterway regulations.  New signs were also installed in key locations to better inform the public of application 5 mph zones.  Handouts were also distributed to homeowner associations, business and marina operators.

In the future, this plan will be reviewed periodically for compliance with applicable watercraft regulations and revised as appropriate.  It is anticipated that no buoys will be placed within the reservoir without approval of the Tri-Dam Project, and other agencies as may be required.  Placement of individual buoys by homeowners is discouraged, unless a specific need can be demonstrated.

9.2  Application Procedure

An applicant must complete the Application Process described in Section 4.0, General Requirements, of this Plan.

9.3  Criteria for Buoy Installation

1) Buoy installation which does not conform to the approved Buoy Master Plan( need copy of plan) shall not be approved.

2) The applicant must be the owner or lease holder of the land immediately adjoining any proposed waterfront facility. Tri-Dam will hold the applicant fully responsible for the permitted project.  The responsibility is considered to transfer automatically along with ownership and leases.

 
10.0  RECREATION AND USE PLANNING PROGRAM

10.1  General

As stated previously, the purpose of this document is to set clear guidelines for the implementation of the FERC license by the Tri-Dam Project.  In particular, this Plan focuses on the issuance of encroachment permits by the Tri-Dam Project for lands within the FERC Project Boundary . 

The lands along the shoreline are predominately under private ownership within the Counties of Calaveras and Tuolumne.  As such, these respective agencies have regulatory and statutory control over land use and the development of standards applicable within these areas.  Tri-Dam Project will review and comment on new projects and development proposals as requested by the respective planning agencies to ensure that applicable guidelines, if any, of the FERC license are met.  The Tri-Dam Project will also participate with local, state and federal agencies in the development of adjacent land use and recreational plans as requested.
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