APPENDIX E 

KERN RIVER PROCEDURES 

WETLAND AND WATERBODY CONSTRUCTION AND MITIGATION PROCEDURES 
Apex Expansion Project 

Wetland and Waterbody Construction and 

Mitigation Procedures 

Kern River Gas Transmission Company 

November 2009 
TABLE OF CONTENTS 

I. APPLICABILITY...................................................................................................................1

II. PRECONSTRUCTION FILING ............................................................................................2

III. ENVIRONMENTAL INSPECTORS......................................................................................3

IV. PRECONSTRUCTION PLANNING .....................................................................................3

V. WATERBODY CROSSINGS ...............................................................................................4

A. NOTIFICATION PROCEDURES AND PERMITS.......................................................4

B. INSTALLATION...........................................................................................................5

1. TIME WINDOW FOR CONSTRUCTION............................................................5

2. EXTRA WORK AREAS ......................................................................................5

3. GENERAL CROSSING PROCEDURES............................................................7

4. SPOIL PILE PLACEMENT AND CONTROL ......................................................8

5. EQUIPMENT BRIDGES.....................................................................................8

6. DRY-DITCH CROSSING METHODS.................................................................9

7. CROSSINGS OF MINOR WATERBODIES .....................................................10

8. CROSSINGS OF INTERMEDIATE WATERBODIES.......................................11

9. CROSSINGS OF MAJOR WATERBODIES.....................................................11

10. TEMPORARY EROSION AND SEDIMENT CONTROL ..................................11

11. TRENCH DEWATERING .................................................................................12

C. RESTORATION ........................................................................................................12

D. POST-CONSTRUCTION MAINTENANCE ...............................................................13

VI. WETLAND CROSSINGS ...................................................................................................13

A. GENERAL.................................................................................................................13

B. INSTALLATION.........................................................................................................15

1. EXTRA WORK AREAS AND ACCESS ROADS ..............................................15

2. CROSSING PROCEDURES............................................................................16

3. TEMPORARY SEDIMENT CONTROL.............................................................17

4. TRENCH DEWATERING .................................................................................18

C. RESTORATION ........................................................................................................18

D. POST-CONSTRUCTION MAINTENANCE ...............................................................19

VII. HYDROSTATIC TESTING.................................................................................................19

A. NOTIFICATION PROCEDURES AND PERMITS.....................................................19

B. GENERAL.................................................................................................................19

C. INTAKE SOURCE AND RATE..................................................................................20

D. DISCHARGE LOCATION, METHOD, AND RATE....................................................20
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Apex Expansion Project 

Kern River Wetland and Waterbody Construction and Mitigation Procedures 

I. APPLICABILITY

A. Kern River Gas Transmission Company (Kern River) has prepared this Projectspecific Wetland and Waterbody Construction and Mitigation Procedures (Kern 

River Procedures) that meet or exceed the best management practices and 

mitigation measures included in the Federal Energy Regulatory Commission 

(FERC) Wetland and Waterbody Construction and Mitigation Procedures (FERC 

Procedures). The intent of the Kern River Procedures document is to identify 

baseline mitigation measures for minimizing erosion and sediment transport to 

wetlands and waterbodies, in addition to limiting adverse impacts to aquatic 

habitats and water quality downstream of waterbody crossings. The Kern River 

Procedures will also be provided to the contractor(s) and inspectors who will be 

constructing the pipeline on behalf of Kern River. 

 Where the Kern River Procedures depart substantially from the FERC 

Procedures, the Project-specific text is highlighted as bold text and FERC 

Procedures requirements noted in an adjacent boxed text. Other changes 

throughout the Kern River Procedures are noted in italics. Very minor formatting 

changes (project sponsor to Kern River, should to will, etc.) are not specifically 

called out in the Kern River Procedures text. 

 Once the Kern River Project is certificated, further changes can be approved only 

upon Kern River submitting a written request to the Director of the Office of 

Energy Projects (Director), and if the Director finds that an alternative measure: 

1. provides equal or better environmental protection; 

2. is necessary because a portion of the Kern River Procedures is infeasible 

or unworkable based on Project-specific conditions; or 

3. is specifically required in writing by another Federal, state, or Native 

American land management agency for the portion of the Project on its 

land or under its jurisdiction. 

Any requirements in the Procedures to file material with the Secretary of the 

FERC (Secretary) do not apply to projects undertaken under the provisions of the 

blanket certificate program. This exemption does not apply to a request for 

alternative measures. 

Project-related impacts on uplands are addressed in Kern River’s Upland Erosion 

Control, Revegetation, and Maintenance Plan (Kern River Plan). 

B. DEFINITIONS 

1. "Waterbody" includes any natural or artificial stream, river, or drainage 

with perceptible flow at the time of crossing, and other permanent 

waterbodies such as ponds and lakes. 

a. "minor waterbody" includes all waterbodies less than or equal to 

10 feet wide at the water's edge at the time of crossing; 
2

b. "intermediate waterbody" includes all waterbodies greater than 10 

feet wide but less than or equal to 100 feet wide at the water's 

edge at the time of crossing; and 

c. "major waterbody" includes all waterbodies greater than 100 feet 

wide at the water's edge at the time of crossing. 

2. "Wetland" includes any area that is not in actively cultivated or rotated 

cropland and that satisfies the requirements of the current Federal 

methodology for identifying and delineating wetlands. In the Procedures, 

wetland(s) refers to those areas designated as wetlands in the 7c filing 

materials and in the Section 404 application package, as certificated or 

approved for Kern River. 

3. “Perceptible flow" would be determined as flow from high gradient at the 

outer boundaries of the construction ROW to low gradient at the other 

edge of the construction ROW. Standing water within a feature would not 

constitute perceptible flow. An Environmental Inspector (EI) will 

determine and document whether any perceptible flow is evident for 

streams identified as intermittent or ephemeral. 

II. PRECONSTRUCTION FILING

A. The following information shall be filed with the Secretary prior to the beginning 

of construction: 

1. the hydrostatic testing information specified in section VII.B.3. and a 

wetland delineation report as described in section VI.A.1., if applicable; 

and 

2. a schedule identifying when trenching or blasting would occur within each 

waterbody greater than 10 feet wide, or within any designated coldwater 

fishery. Kern River will revise the schedule as necessary to provide 

FERC staff at least 14 days advance notice. Changes within this last 14-

day period must provide for at least 48 hours advance notice. 

B. The following site-specific construction plans required by these Procedures must 

be filed with the Secretary for the review and written approval by the Director: 

1. plans for extra work areas that would be closer than 50 feet from a 

waterbody or wetland; 

2. plans for major waterbody crossings; 

3. plans for the use of a construction right-of-way greater than 100 feet wide 

in wetlands; and

4. plans for horizontal directional drill (HDD) "crossings" of wetlands or 

waterbodies. 
3

III. ENVIRONMENTAL INSPECTORS

A. At least one Environmental Inspector having knowledge of the wetland and 

waterbody conditions in the project area is required for each construction spread. 

The number and experience of Environmental Inspectors assigned to each 

construction spread should be appropriate for the length of the construction 

spread and the number/significance of resources affected. 

B. The Environmental Inspector's responsibilities are outlined in the Upland Erosion 

Control, Revegetation, and Maintenance Plan (Plan). 

IV. PRECONSTRUCTION PLANNING

A. A copy of the Stormwater Pollution Prevention Plan (SWPPP) prepared for 

compliance with the U.S. Environmental Protection Agency's (EPA) National 

Stormwater Program General Permit requirements must be available in the field 

on each construction spread. The SWPPP shall contain Spill Prevention and 

Response Procedures that meet the requirements of state and Federal agencies. 

1. Kern River assumes the responsibility for its contractors to structure 

operations in a manner that reduces the risk of spills or the accidental 

exposure of fuels or hazardous materials to waterbodies or wetlands. 

Kern River shall, at a minimum, ensure that: 

a. all employees handling fuels and other hazardous materials are 

properly trained; 

b. all equipment is in good operating order and inspected on a 

regular basis; 

c. fuel trucks transporting fuel to on-site equipment travel only on 

approved access roads; 

d. all equipment is parked overnight and/or fueled at least 100 feet 

from a waterbody or in an upland area at least 100 feet from a 

wetland boundary. These activities can occur closer only if the 

Environmental Inspector finds, in advance, no reasonable 

alternative and Kern River and its contractors have taken 

appropriate steps (including secondary containment structures) to 

prevent spills and provide for prompt cleanup in the event of a 

spill; 

e. hazardous materials, including chemicals, fuels, and lubricating 

oils, are not stored within 100 feet of a wetland, waterbody, or 

designated municipal watershed area, unless the location is 

designated for such use by an appropriate governmental authority. 

This applies to storage of these materials and does not apply to 

normal operation or use of equipment in these areas; and 

f. concrete coating activities are not performed within 100 feet of a 

wetland or waterbody boundary, unless the location is an existing 

industrial site designated for such use. 
4

2. Kern River assumes the responsibility for its contractors to structure their 

operations in a manner that provides for the prompt and effective cleanup 

of spills of fuel and other hazardous materials. At a minimum, Kern River 

and its contractors must: 

a. ensure that each construction crew (including cleanup crews) has 

on hand sufficient supplies of absorbent and barrier materials to 

allow the rapid containment and recovery of spilled materials and 

knows the procedure for reporting spills; 

b. ensure that each construction crew has on hand sufficient tools 

and material to stop leaks; 

c. know the contact names and telephone numbers for all local, 

state, and Federal agencies (including, if necessary, the U. S. 

Coast Guard and the National Response Center) that must be 

notified of a spill; and 

d. follow the requirements of those agencies in cleaning up the spill, 

in excavating and disposing of soils or other materials 

contaminated by a spill, and in collecting and disposing of waste 

generated during spill cleanup. 

B. AGENCY COORDINATION 

Kern River will coordinate with the appropriate local, state, and Federal agencies 

as outlined in these Procedures and in the Certificate.

V. WATERBODY CROSSINGS

A. NOTIFICATION PROCEDURES AND PERMITS 

1. Apply to the U.S. Army Corps of Engineers (COE), or its delegated 

agency, for the appropriate wetland and waterbody crossing permits. 

2. Provide written notification to authorities responsible for potable surface 

water supply intakes located within 3 miles downstream of the crossing at 

least 1 week before beginning work in the waterbody, or as otherwise 

specified by that authority. 

3. Apply for state-issued waterbody crossing permits and obtain individual or 

generic section 401 water quality certification or waiver. 

4. Notify appropriate state authorities at least 48 hours before beginning 

trenching or blasting within the waterbody, or as specified in state 

permits. 
5

B. INSTALLATION 

1. Time Window for Construction 

Unless expressly permitted and as further restricted by the appropriate 

state agency in writing on a site-specific basis, instream work, except that 

required to install or remove equipment bridges, must occur during the 

following time windows: 

a. coldwater fisheries – July 15 through February 28; and 

Work window based on consultation with the Utah Division of 

Wildlife Resources. 

b. coolwater and warmwater fisheries - June 1 through November 

30. 

 At the crossing of East Canyon Creek at approximately MP 5.40 

Kern River is proposing to construct the Pipeline using dam and 

pump or flume crossing in late fall or early winter during the period 

of lowest surface flow and groundwater levels for East Canyon 

Creek.

2. Extra Work Areas 

a. Generally locate extra work areas (such as staging areas and 

additional spoil storage areas) at least 50 feet away from 

water’s edge, except where the adjacent upland consists of 

actively cultivated or rotated cropland or other disturbed 

land. Extra workspace will be required within 50 feet of a 

stream in areas that are not active agriculture land at the 

following locations:

At the crossing of Tucson Hollow at approximately MP 3.38 ATWS 

will be located within 50 feet of the stream to provide safe and 

adequate workspace in a topographically constrained area. The 

ATWS will be set back a minimum of 10 feet from the water’s 

edge. In addition, 25 ft of ATWS is located across this stream to 

provide safe and adequate workspace along a steep side slope. 

At the crossing of Redrock Canyon Creek at approximately MP 

5.01 ATWS will be located within 50 feet of the stream to provide 

safe and adequate workspace for the crossing of Highway 66. 

The ATWS will be set back a minimum of 10 feet from the water’s 

edge. 

 At the crossing of East Canyon Creek at approximately MP 5.40 

ATWS will be located within 50 feet of the stream to provide safe 

and adequate workspace for crossing the existing Kern River 

mainline in a topographically constrained area. The ATWS will be 

set back a minimum of 10 feet from the water’s edge. 
6

 At the crossing of Sheep Canyon at approximately MP 6.25 ATWS 

will be located within 50 feet of the stream to provide safe and 

adequate workspace for the stream crossing in a topographically 

constrained area. The ATWS will be set back a minimum of 10 

feet from the water’s edge. 

 At the crossing of Holbrook Creek at approximately MP 16.52 

ATWS will be located within 50 feet of the stream to provide safe 

and adequate workspace in a topographically constrained area. 

The ATWS will be set back a minimum of 10 feet from the water’s 

edge. 

 At the crossing of Northwest Oil Drain at approximately MP 26.82 

ATWS will be located within 50 feet of the stream to provide safe 

and adequate workspace for a bored stream crossing. The 

Northwest Oil Drain has raised dikes on each side of the 

waterbody that will act to buffer the waterbody from construction 

activities. The ATWS will be set back a minimum of 10 feet from 

outer toe of the dike. 

 At the crossing of Jordan River at approximately MP 27.16 ATWS 

will be located within 50 feet of the stream to provide safe and 

adequate workspace for a bored stream crossing. The Jordan 

River has raised dikes on each side of the waterbody that will act 

to buffer the waterbody from construction activities. The ATWS 

will be set back a minimum of 10 feet from outer toe of the dike. 

 At the crossing of City Drain at approximately MP 27.48 ATWS will 

be located within 50 feet of the stream to provide safe and 

adequate workspace for a bored stream crossing. The City Drain 

has raised dikes on each side of the waterbody that will act to 

buffer the waterbody from construction activities. The ATWS will 

be set back a minimum of 10 feet from outer toe of the dike. 

Applicable FERC Procedures Text 

Locate all extra work areas (such as staging areas and additional spoil 

storage areas) at least 50 feet away from water’s edge, except where the 

adjacent upland consists of actively cultivated or rotated cropland or other 

disturbed land. 

 

b. Kern River will file with the Secretary for review and written 

approval by the Director, a site-specific construction plan for each 

extra work area with a less than 50-foot setback from the water's 

edge, (except where the adjacent upland consists of actively 

cultivated or rotated cropland or other disturbed land) and a sitespecific explanation of the conditions that will not permit a 50-foot 

setback.
7

c. Limit clearing of vegetation between extra work areas and the 

edge of the waterbody to the certificated construction right-of-way. 

d. Limit the size of extra work areas to the minimum needed to 

construct the waterbody crossing.

3. General Crossing Procedures 

a. Comply with the COE, or its delegated agency, permit terms and 

conditions. 

b. Construct crossings as close to perpendicular to the axis of the 

waterbody channel as engineering and routing conditions permit. 

c. If the pipeline parallels a waterbody, attempt to maintain at least 

15 feet of undisturbed vegetation between the waterbody (and any 

adjacent wetland) and the construction right-of-way. 

d. Where waterbodies meander or have multiple channels, route the 

pipeline to minimize the number of waterbody crossings. 

e. Maintain adequate flow rates to protect aquatic life, and prevent 

the interruption of existing downstream uses. 

f. Waterbody buffers (extra work area setbacks, refueling 

restrictions, etc.) must be clearly marked in the field with signs 

and/or highly visible flagging until construction-related ground 

disturbing activities are complete. 

g. Where the Project crosses intermittent or ephemeral streams that 

are dry, Kern River will use mainline construction techniques. To 

minimize downstream sedimentation in the event that stream flow 

may begin before the crossing is complete, Kern River will install 

hay bales across the streambed downstream of the crossing 

location. As a preventative BMP, Kern River will preclude refueling 

and handling of hazardous materials within an exclusion zone of 

100 feet from a dry drainage. These BMPs would be installed after 

clearing and before any construction takes place within the dry 

stream bed. 

. Should a rainfall event occur that leads to perceptible flow in an 

intermittent or ephemeral stream during the time period from 

clearing/grading to re-establishing pre-existing contours following 

pipe backfilling, Kern River EIs, working with the Contractor’s 

representative, will conduct an assessment to determine the best 

management practice necessary to augment the straw hay bales 

placed as a preventative measure in the dry stream bed. The 

decision on which BMP is appropriate will be based on the 

following factors: four-day weather forecast; size of drainage basin 

above the waterbody crossing point; and, anticipated longevity of 

the erosion control device. BMPs may include: silt fence; super-silt 

fence (steel pole and chain-link fence supports for silt fence); 

armored earthen berm with high flow spillway; flume pipe; and 

dam and pump. Storm water runoff along the construction ROW 
8

will be routed off ROW using temporary slope breakers. The 

banks of dry drainages will be stabilized immediately following the 

backfilling of a section of pipe that includes that dry drainage. 

Final restoration of the area surrounding the dry drainage will be 

conducted during the cleanup of the construction ROW 

surrounding the drainage. Kern River will conduct post-rain event 

monitoring to remedy any issues at dry drainages within 24 hours 

of precipitation events. Other than these measures previously 

described, construction across a previously dry stream bed would 

continue using standard mainline construction practices. 

4. Spoil Pile Placement and Control 

a. All spoil from minor and intermediate waterbody crossings, and 

upland spoil from major waterbody crossings, must be placed in 

the construction right-of-way at least 10 feet from the water's edge 

or in additional extra work areas as described in section V.B.2. 

Where practical, Kern River will place spoils at an elevation above 

top of bank. 

b. Use sediment barriers to prevent the flow of spoil or heavily siltladen water into any waterbody. 

5. Equipment Bridges 

a. Only clearing equipment and equipment necessary for installation 

of equipment bridges may cross waterbodies prior to bridge 

installation. Limit the number of such crossings of each 

waterbody to one per piece of clearing equipment. 

b. Construct equipment bridges to maintain unrestricted flow and to 

prevent soil from entering the waterbody. Examples of such 

bridges include: 

(1) equipment pads and culvert(s); 

(2) equipment pads or railroad car bridges without culverts; 

(3) clean rock fill and culvert(s); and 

(4) flexi-float or portable bridges. 

Additional options for equipment bridges may be utilized that 

achieve the performance objectives noted above. Do not use soil 

to construct or stabilize equipment bridges. 

c. Design and maintain each equipment bridge to withstand and 

pass the highest flow expected to occur while the bridge is in 

place. Align culverts to prevent bank erosion or streambed scour. 

If necessary, install energy dissipating devices downstream of the 

culverts. 
9

d. Design and maintain equipment bridges to prevent soil from 

entering the waterbody. 

e. Remove equipment bridges as soon as possible after permanent 

seeding unless the COE, or its delegated agency, authorizes it as 

a permanent bridge. 

f. If there will be more than 1 month between final cleanup and the 

beginning of permanent seeding and reasonable alternative 

access to the right-of-way is available, remove equipment bridges 

as soon as possible after final cleanup. 

g. Temporary equipment bridges will be installed at all drainages to 

accommodate flow and move construction across the spread. 

6. Dry-Ditch Crossing Methods 

a. Unless approved otherwise by the appropriate state agency, 

install the pipeline using one of the dry-ditch methods outlined 

below for crossings of waterbodies up to 30 feet wide (at the 

water's edge at the time of construction) that are state-designated 

as either coldwater or significant coolwater or warmwater 

fisheries. 

b. Dam and Pump 

(1) The dam-and-pump method may be used without prior 

approval for crossings of waterbodies where pumps can 

adequately transfer streamflow volumes around the work 

area, and there are no concerns about sensitive species 

passage. 

(2) Implementation of the dam-and-pump crossing method 

must meet the following performance criteria: 

(i) use sufficient pumps, including on-site backup 

pumps, to maintain downstream flows; 

(ii) construct dams with materials that prevent 

sediment and other pollutants from entering the 

waterbody (e.g., sandbags or clean gravel with 

plastic liner); 

(iii) screen pump intakes; 

(iv) prevent streambed scour at pump discharge; and 

(v) monitor the dam and pumps to ensure proper 

operation throughout the waterbody crossing. 
10

c. Flume Crossing 

The flume crossing method requires implementation of the 

following steps: 

(1) install flume pipe after blasting (if necessary), but before 

any trenching; 

(2) use sand bag or sand bag and plastic sheeting diversion 

structure or equivalent to develop an effective seal and to 

divert stream flow through the flume pipe (some 

modifications to the stream bottom may be required in to 

achieve an effective seal); 

(3) properly align flume pipe(s) to prevent bank erosion and 

streambed scour; 

(4) do not remove flume pipe during trenching, pipelaying, or 

backfilling activities, or initial streambed restoration efforts; 

and 

(5) remove all flume pipes and dams that are not also part of 

the equipment bridge as soon as final cleanup of the 

stream bed and bank is complete.

d. Horizontal Directional Drill (HDD) 

To the extent they were not provided as part of the precertification process, for each waterbody or wetland that would be 

crossed using the HDD method, provide a plan that includes: 

(1) site-specific construction diagrams that show the location 

of mud pits, pipe assembly areas, and all areas to be 

disturbed or cleared for construction; 

(2) a description of how an inadvertent release of drilling mud 

would be contained and cleaned up; 

(3) a contingency plan for crossing the waterbody or wetland 

in the event the directional drill is unsuccessful and how 

the abandoned drill hole would be sealed, if necessary; 

7. Crossings of Minor Waterbodies 

Where a dry-ditch crossing is not required, minor waterbodies may be 

crossed using the open-cut crossing method, with the following 

restrictions: 

a. except for blasting and other rock breaking measures, complete 

instream construction activities (including trenching, pipe 

installation, backfill, and restoration of the streambed contours) 

within 24 hours. Streambanks and unconsolidated streambeds 

may require additional restoration after this period; 
11

b. limit use of equipment operating in the waterbody to that needed 

to construct the crossing; and 

c. equipment bridges are not required at minor waterbodies that do 

not have a state-designated fishery classification (e.g., agricultural 

or intermittent drainage ditches). However, if an equipment bridge 

is used it must be constructed as described in section V.B.5. 

d. Pipe segments may be welded together and temporally strung 

above and across the waterbody feature until the pipeline is 

installed, where practical. The pipeline shall be placed in a 

manner that will not obstruct highest expected flows of the stream. 

8. Crossings of Intermediate Waterbodies 

Where a dry-ditch crossing is not required, intermediate waterbodies may 

be crossed using the open-cut crossing method, with the following 

restrictions: 

a. complete instream construction activities (not including blasting 

and other rock breaking measures) within 48 hours, unless sitespecific conditions make completion within 48 hours infeasible; 

b. limit use of equipment operating in the waterbody to that needed 

to construct the crossing; and 

c. all other construction equipment must cross on an equipment 

bridge as specified in section V.B.5. 

9. Crossings of Major Waterbodies 

Before construction, Kern River will file with the Secretary for the review 

and written approval by the Director a detailed, site-specific construction 

plan and scaled drawings identifying all areas to be disturbed by 

construction for each major waterbody crossing. This plan will be 

developed in consultation with the appropriate state and Federal agencies 

and will include extra work areas, spoil storage areas, sediment control 

structures, consideration of fish passage, where appropriate, as well as 

mitigation for navigational issues. 

The Environmental Inspector may adjust the final placement of the 

erosion and sediment control structures in the field to maximize 

effectiveness. 

10. Temporary Erosion and Sediment Control 

Install sediment barriers (as defined in section IV.F.2.a. of the Plan) 

immediately after initial disturbance of the waterbody or adjacent upland. 

Sediment barriers must be properly maintained throughout construction 

and reinstalled as necessary (such as after backfilling of the trench) until 

replaced by permanent erosion controls or restoration of adjacent upland 

areas is complete. Temporary erosion and sediment control measures 

are addressed in more detail in the Plan; however, the following specific 

measures must be implemented at stream crossings: 
12

a. install sediment barriers across the entire construction right-of-way 

at all waterbody crossings, where necessary to prevent the flow of 

sediments into the waterbody. In the travel lane, these may 

consist of removable sediment barriers or drivable berms. 

Removable sediment barriers can be removed during the 

construction day, but must be re-installed after construction has 

stopped for the day and/or when heavy precipitation is imminent; 

b. where waterbodies are adjacent to the construction right-of-way, 

install sediment barriers along the edge of the construction rightof-way as necessary to contain spoil and sediment within the 

construction right-of-way; and 

c. use trench plugs at all waterbody crossings, as necessary, to 

prevent diversion of water into upland portions of the pipeline 

trench and to keep any accumulated trench water out of the 

waterbody. 

d. On approaches to stream crossings and where practical, locate 

drainage control structures at the top of the slope/bank and at the 

base of the slope/bank. Runoff should be routed to stable slopes 

on either side of the right-of-way, or routed via temporary 

conveyance structures to the base of the approach slope where it 

can infiltrate into the riparian zone). 

11. Trench Dewatering 

Dewater the trench (either on or off the construction right-of-way) in a 

manner that does not cause erosion and does not result in heavily siltladen water flowing into any waterbody. Remove the dewatering 

structures as soon as possible after the completion of dewatering 

activities. 

C. RESTORATION 

1. Use clean gravel or native cobbles for the upper 1 foot of trench backfill in 

all waterbodies that contain coldwater fisheries. 

2. For open-cut crossings, stabilize waterbody banks and install temporary 

sediment barriers within 24 hours of completing instream construction 

activities. For dry-ditch crossings, complete streambed and bank 

stabilization before returning flow to the waterbody channel. 

3. Return all waterbody banks to preconstruction contours or to a stable 

angle of repose as approved by the Environmental Inspector. 

4. Application of riprap for bank stabilization will comply with COE, or its 

delegated agency, permit terms and conditions. 

5. Unless otherwise specified by state permit, limit the use of riprap to areas 

where flow conditions preclude effective vegetative stabilization 

techniques such as seeding and erosion control fabric. 
13

6. Revegetate disturbed riparian areas with conservation grasses and 

legumes or native plant species, preferably woody species. 

7. Install a permanent slope breaker across the construction right-of-way at 

the base of slopes greater than 5 percent that are less than 50 feet from 

the waterbody, or as needed to prevent sediment transport into the 

waterbody. In addition, install sediment barriers as outlined in the Plan. 

In some areas, with the approval of the Environmental Inspector, an 

earthen berm may be suitable as a sediment barrier adjacent to the 

waterbody. 

8. Sections V.C.3. through V.C.6. above also apply to those perennial or 

intermittent streams not flowing at the time of construction. 

D. POST-CONSTRUCTION MAINTENANCE 

1. Limit vegetation maintenance adjacent to waterbodies to allow a riparian 

strip at least 25 feet wide, as measured from the waterbody's mean high 

water mark, to permanently revegetate with native plant species across 

the entire construction right-of-way. However, to facilitate periodic 

pipeline corrosion/leak surveys, a corridor centered on the pipeline and 

up to 10 feet wide may be maintained in a herbaceous state. In addition, 

trees that are located within 15 feet of the pipeline that are greater than 

15 feet in height may be cut and removed from the permanent right-ofway. 

2. Do not use herbicides or pesticides in or within 100 feet of a waterbody 

except as allowed by the appropriate land management or state agency. 

VI. WETLAND CROSSINGS

A. GENERAL 

1. Kern River will conduct a wetland delineation using the current Federal 

methodology and file a wetland delineation report with the Secretary 

before construction. This report shall identify: 

a. by milepost all wetlands that would be affected;

b. the National Wetlands Inventory (NWI) classification for each 

wetland; 

c. the crossing length of each wetland in feet; and 

d. the area of permanent and temporary disturbance that would 

occur in each wetland by NWI classification type. 

The requirements outlined in this section do not apply to wetlands in 

actively cultivated or rotated cropland. Standard upland protective 

measures, including workspace and topsoiling requirements, apply to 

these agricultural wetlands. 
14

2. Route the pipeline to avoid wetland areas to the maximum extent 

possible. If a wetland cannot be avoided or crossed by following an 

existing right-of-way, route the new pipeline in a manner that minimizes 

disturbance to wetlands. 

3. Limit the width of the nominal construction right-of-way to 100 feet 

or less in wetlands. Prior written approval of the Director is required 

where topographic conditions or soil limitations require that the 

construction right-of-way width within the boundaries of a federally 

delineated wetland be expanded beyond 100 feet. Kern River has 

identified and included in the FERC NGA 7c Application the 

locations of higher value wetland crossings where a 75-foot or less 

construction corridor could be maintained. 

Applicable FERC Procedures Text 

Limit the width of the construction right-of-way to 75 feet or less. Prior written 

approval of the Director is required where topographic conditions or soil 

limitations require that the construction right-of-way width within the 

boundaries of a federally delineated wetland be expanded beyond 75 feet. 

Early in the planning process the project sponsor is encouraged to identify 

site-specific areas where existing soils lack adequate unconfined compressive 

strength that would result in excessively wide ditches and/or difficult to contain 

spoil piles. 

 

4. Wetland boundaries and buffers must be clearly marked in the field with 

signs and/or highly visible flagging until construction-related ground 

disturbing activities are complete. 

5. Implement the measures of sections V. and VI. in the event a waterbody 

crossing is located within or adjacent to a wetland crossing. If all 

measures of sections V. and VI. cannot be met, Kern River shall file with 

the Secretary a site-specific crossing plan for review and written approval 

by the Director before construction. This crossing plan shall address at a 

minimum: 

a. spoil control; 

b. equipment bridges; 

c. restoration of waterbody banks and wetland hydrology; 

d. timing of the waterbody crossing; 

e. method of crossing; and 

f. size and location of all extra work areas. 
15

6. Do not locate aboveground facilities in any wetland, except where the 

location of such facilities outside of wetlands would prohibit compliance 

with U.S. Department of Transportation regulations. 

B. INSTALLATION 

1. Extra Work Areas and Access Roads 

a. Generally locate extra work areas (such as staging areas and 

additional spoil storage areas) at least 50 feet away from 

wetland boundaries, except where the adjacent upland 

consists of actively cultivated or rotated cropland or other 

disturbed land.

ATWS will be located within Wetland WMO-006 at approximately 

MP 5.41. The ATWS is required to provide safe and adequate 

workspace for crossing the existing Kern River mainline and East 

Canyon Creek in a topographically constrained area. 

 ATWS will be located within Wetland WDA-101 at approximately 

MP 19.01. The ATWS is required to provide safe and adequate 

workspace for crossing Mill Creek in a topographically constrained 

area. 

 ATWS will be located within 50 feet of Wetland WDA-003A at

approximately MP 20.43. The ATWS is required to provide safe 

and adequate workspace for crossing North Canyon Creek in a 

topographically constrained area. 

 ATWS will be located within Wetland WDA-001 at approximately 

MP 26.72, MP 26.78 and MP 26.93. The ATWS is required to 

provide safe and adequate workspace for bored crossings of 

Northwest Oil Drain and Redwood Road, and the installation of a 

redundant delivery tap. 

Applicable FERC Procedures Text 

Locate all extra work areas (such as staging areas and additional spoil storage 

areas) at least 50 feet away from wetland boundaries, except where the adjacent 

upland consists of actively cultivated or rotated cropland or other disturbed land. 

 

b. Kern River will file with the Secretary for review and written 

approval by the Director, a site-specific construction plan for each 

extra work area with a less than 50-foot setback from wetland 

boundaries (except where adjacent upland consists of actively 

cultivated or rotated cropland or other disturbed land) and a sitespecific explanation of the conditions that will not permit a 50-foot 

setback. 
16

c. Limit clearing of vegetation between extra work areas and the 

edge of the wetland to the certificated construction right-of-way. 

d. The construction right-of-way may be used for access when the 

wetland soil is firm enough to avoid rutting or the construction 

right-of-way has been appropriately stabilized to avoid rutting 

(e.g., with timber riprap, prefabricated equipment mats, or terra 

mats). 

In wetlands that cannot be appropriately stabilized, all construction 

equipment other than that needed to install the wetland crossing 

shall use access roads located in upland areas. Where access 

roads in upland areas do not provide reasonable access, limit all 

other construction equipment to one pass through the wetland 

using the construction right-of-way. 

e. The only access roads, other than the construction right-of-way, 

that can be used in wetlands without Director approval, are those 

existing roads that can be used with no modification and no 

impact on the wetland. 

2. Crossing Procedures 

a. Comply with COE, or its delegated agency, permit terms and 

conditions 

b. Assemble the pipeline in an upland area unless the wetland is dry 

enough to adequately support skids and pipe. 

c. Use "push-pull" or "float" techniques to place the pipe in the trench 

where water and other site conditions allow. 

d. Minimize the length of time that topsoil is segregated and the 

trench is open. 

e. Limit construction equipment operating in wetland areas to that 

needed to clear the construction right-of-way, dig the trench, 

fabricate and install the pipeline, backfill the trench, and restore 

the construction right-of-way. 

f. Cut vegetation just aboveground level, leaving existing root 

systems in place, and remove it from the wetland for disposal. 

g. Limit pulling of tree stumps and grading activities to directly over 

the trenchline. Do not grade or remove stumps or root systems 

from the rest of the construction right-of-way in wetlands unless 

the Chief Inspector and Environmental Inspector determine that 

safety-related construction constraints require grading or the 

removal of tree stumps from under the working side of the 

construction right-of-way. 
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h. Segregate the top 1 foot of topsoil from the area disturbed by 

trenching, except in areas where standing water is present or soils 

are saturated or frozen. Immediately after backfilling is complete, 

restore the segregated topsoil to its original location. 

i. Do not use rock, soil imported from outside the wetland, tree 

stumps, or brush riprap to support equipment on the construction 

right-of-way. 

j. If standing water or saturated soils are present, or if construction 

equipment causes ruts or mixing of the topsoil and subsoil in 

wetlands, use low-ground-weight construction equipment, or 

operate normal equipment on timber riprap, prefabricated 

equipment mats, or terra mats. 

k. Do not cut trees outside of the approved construction work area to 

obtain timber for riprap or equipment mats. 

l. Attempt to use no more than two layers of timber riprap to support 

equipment on the construction right-of-way. 

m. Remove all project-related material used to support equipment on 

the construction right-of-way upon completion of construction. 

3. Temporary Sediment Control 

Install sediment barriers (as defined in section IV.F.2.a. of the Plan) 

immediately after initial disturbance of the wetland or adjacent upland. 

Sediment barriers must be properly maintained throughout construction 

and reinstalled as necessary (such as after backfilling of the trench). 

Except as noted below in section VI.B.3.c., maintain sediment barriers 

until replaced by permanent erosion controls or restoration of adjacent 

upland areas is complete. Temporary erosion and sediment control 

measures are addressed in more detail in the Plan. 

a. Install sediment barriers across the entire construction right-ofway at all wetland crossings where necessary to prevent sediment 

flow into the wetland. In the travel lane, these may consist of 

removable sediment barriers or driveable berms. Removable 

sediment barriers can be removed during the construction day, but 

must be re-installed after construction has stopped for the day 

and/or when heavy precipitation is imminent. 

b. Where wetlands are adjacent to the construction right-of-way and 

the right-of-way slopes toward the wetland, install sediment 

barriers along the edge of the construction right-of-way as 

necessary to prevent sediment flow into the wetland. 

c. Install sediment barriers along the edge of the construction rightof-way as necessary to contain spoil and sediment within the 

construction right-of-way through wetlands. Remove these 

sediment barriers during right-of-way cleanup. 
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4. Trench Dewatering 

Dewater the trench (either on or off the construction right-of-way) in a 

manner that does not cause erosion and does not result in heavily siltladen water flowing into any wetland. Remove the dewatering structures 

as soon as possible after the completion of dewatering activities. 

C. RESTORATION 

1. Where the pipeline trench may drain a wetland, construct trench breakers 

and/or seal the trench bottom as necessary to maintain the original 

wetland hydrology. 

2. For each wetland crossed, install a trench breaker at the base of slopes 

near the boundary between the wetland and adjacent upland areas. 

Install a permanent slope breaker across the construction right-of-way at 

the base of slopes greater than 5 percent where the base of the slope is 

less than 50 feet from the wetland, or as needed to prevent sediment 

transport into the wetland. In addition, install sediment barriers as 

outlined in the Plan. In some areas, with the approval of the 

Environmental Inspector, an earthen berm may be suitable as a sediment 

barrier adjacent to the wetland. 

3. Do not use fertilizer, lime, or mulch unless required in writing by the 

appropriate land management or state agency. 

4. Consult with the appropriate land management or state agency to 

develop a project-specific wetland restoration plan. The restoration plan 

should include measures for re-establishing herbaceous and/or woody 

species, controlling the invasion and spread of undesirable exotic species 

(e.g., purple loosestrife and phragmites), and monitoring the success of 

the revegetation and weed control efforts. Provide this plan to the FERC 

staff upon request. 

5. Until a project-specific wetland restoration plan is developed and/or 

implemented, temporarily revegetate the construction right-of-way with 

annual ryegrass at a rate of 40 pounds/acre (unless standing water is 

present). 

6. Ensure that all disturbed areas successfully revegetate with wetland 

herbaceous and/or woody plant species. 

7. Remove temporary sediment barriers located at the boundary between 

wetland and adjacent upland areas after upland revegetation and 

stabilization of adjacent upland areas are judged to be successful as 

specified in section VII.A.5. of the Plan. 
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D. POST-CONSTRUCTION MAINTENANCE 

1. Do not conduct vegetation maintenance over the full width of the 

permanent right-of-way in wetlands. However, to facilitate periodic 

pipeline corrosion/leak surveys, a corridor centered on the pipeline and 

up to 10 feet wide may be maintained in an herbaceous state. In 

addition, trees within 15 feet of the pipeline and greater than 15 feet in 

height may be selectively cut and removed from the permanent right-ofway. 

2. Do not use herbicides or pesticides in or within 100 feet of a wetland, 

except as allowed by the appropriate land management agency or state 

agency. 

3. Monitor and record the success of wetland revegetation annually for the 

first 3 years after construction or until wetland revegetation is successful. 

At the end of 3 years after construction, file a report with the Secretary 

identifying the status of the wetland revegetation efforts. Include the 

percent cover achieved and problem areas (weed invasion issues, poor 

revegetation, etc.). Continue to file a report annually until wetland 

revegetation is successful. 

4. Wetland revegetation shall be considered successful if the cover of 

herbaceous and/or woody species is at least 80 percent of the type, 

density, and distribution of the vegetation in adjacent wetland areas that 

were not disturbed by construction. If revegetation is not successful at 

the end of 3 years, develop and implement (in consultation with a 

professional wetland ecologist) a remedial revegetation plan to actively 

revegetate the wetland. Continue revegetation efforts until wetland 

revegetation is successful. 

VII. HYDROSTATIC TESTING

A. NOTIFICATION PROCEDURES AND PERMITS 

1. Apply for state-issued water withdrawal permits, as required. 

2. Apply for National Pollutant Discharge Elimination System (NPDES) or 

state-issued discharge permits, as required. 

3. Notify appropriate state agencies of intent to use specific sources at least 

48 hours before testing activities unless they waive this requirement in 

writing. 

B. GENERAL 

1. Perform non-destructive testing of all pipeline section welds or hydrotest 

the pipeline sections, before installation under waterbodies or wetlands. 

2. If pumps used for hydrostatic testing are within 100 feet of any waterbody 

or wetland, these operations must be manned continuously to ensure that 

over filling, leaks or spills do not occur. Where stationary equipment must 

remain within 100 feet of a waterbody or wetland, adequate secondary 

containment must be provided. 
20

3. Kern River will include a list identifying the location of all waterbodies 

proposed for use as a hydrostatic test water source or discharge location 

in the FERC NGA 7c Application. 

C. INTAKE SOURCE AND RATE 

1. Screen the intake hose to prevent entrainment of fish. 

2. Do not use state-designated exceptional value waters, waterbodies which 

provide habitat for federally listed threatened or endangered species, or 

waterbodies designated as public water supplies, unless appropriate 

Federal, state, and/or local permitting agencies grant written permission. 

3. Maintain adequate flow rates to protect aquatic life, provide for all 

waterbody uses, and provide for downstream withdrawals of water by 

existing users. 

4. Locate hydrostatic test manifolds outside wetlands and riparian areas to 

the maximum extent practicable. 

D. DISCHARGE LOCATION, METHOD, AND RATE 

1. Regulate discharge rate, use energy dissipation device(s), and install 

sediment barriers, as necessary, to prevent erosion, streambed scour, 

suspension of sediments, or excessive streamflow. 

2. Do not discharge into state-designated exceptional value waters, 

waterbodies which provide habitat for federally listed threatened or 

endangered species, or waterbodies designated as public water supplies, 

unless appropriate Federal, state, and local permitting agencies grant 

written permission.