EXHIBIT 4-A

 

Proposal to the Monterey Peninsula Water Management District

Scope of Work-Task Order

DHDettman, Aquatic Biologist

 

 Complete Draft Rescue and Rearing Plan for Sleepy Hollow Steelhead Rearing Facility

 In Support of Application for a Section 10a1A Permit under the Federal Endangered Species Act; and

Provide Ongoing Emergency Services at Sleepy Hollow Steelhead Rearing Facility

 

 

BACKGROUND, PURPOSE AND OBJECTIVES

 

The Monterey Peninsula Water Management District (District) operates and maintains the Sleepy Hollow Steelhead Rearing Facility (Facility) as an integral component of the District’s Mitigation Program for the MPWMD Water Allocation Program and following its mission statement and legislative directive to manage, augment and protect water resources for the benefit of the community and environment. The Facility serves as a temporary holding and rearing environment for fish that are rescued from habitats in the lower Carmel River, as the surface flow recedes and the river dries up due to annual groundwater pumping.

 

In 1997, steelhead in south-central California were listed as threatened under the federal Endangered Species Act (ESA).  In 2000, the National Marine Fisheries (NMFS) promulgated Section 4d rules for protecting steelhead. Under the 4d rules, the District is required to obtain an ESA Section 10 permit for its activities which potentially result in take of steelhead, but otherwise do not require separate consultation under the ESA.  Even activities that are designed to benefit or recover listed species are required to obtain regulatory approval. In this case, MPWMD activities to rescue, capture, transport and rear steelhead are within the purview of the 4d rules and require a permit.

 

The primary purpose of this Task Order is for DHDettman, Aquatic Biologist to assist MPWMD in obtaining its Section 10 permit by consulting with NMFS, CDFG, MPWMD, and other interested parties and providing a Draft Rescue and Rearing Plan for Sleepy Hollow Steelhead Rearing Facility for submittal in support of the District’s Section 10 permit application to NMFS. [1]  Generally, the development of this plan follows a format required of hatchery operations in the Pacific Northwest and is divided into ten subject areas.  Thus, the following tasks are organized according to the NMFS required format, not necessarily in order of anticipated completion:

 

Task 1 – Review and address the comments from NMFS and the TAC and prepare a second draft of the RRMP, Section 1. General Program Description;

 

Task 2 – Prepare a first draft of the RRMP, Section 2. Program Effects on NMFS ESA-Listed Salmonid Populations;

 

Task 3 – Prepare a first draft of the RRMP, Section 3. Relationship of Program to Other Management Objectives;

 

Task 4 – Complete the first draft of the RRMP, Section 4, Water Source, including a discussion of the constraints on other possible water sources;

 

Task 5 – Review and revise, as needed, the first draft of the RRMP, Section 5, Facilities;

 

Task 6 – Review and address comments from NMFS and the TAC and prepare a second draft of the RRMP, Section 6, Fish Capture, Rescue, and Transport Protocol;

 

Task 7 – Prepare a first draft of the RRMP, Section 7, Facility Operations and Rearing Protocol, based on initial input from the TAC with respect to the components that they indicated should be included in Section 7;

 

Task 8 – Prepare a first draft of the RRMP, Section 8, Release Protocol, based on initial input from the TAC with respect to the (a) components that they indicated should be included in Section 8 and (b) documentation of a release protocol that was used in 2007 and approved by NMFS;

 

Task 9 – Prepare a first draft of the RRMP, Section 9, Monitoring and Evaluation of Performance Indicators;

 

Task 10 – Prepare a first draft of the RRMP, Section 10, Research.

 

The secondary purpose of this task order is for DHDettman, Aquatic Biologist to assist District Staff in ongoing diagnosis, testing and repairs to the water supply system at the Facility during emergencies.  Thus, Task 11 is for DHDettman, Aquatic Biologist to Provide Ongoing Emergency Services at the Facility, as requested by District Staff. 

 

SCOPE OF WORK

 

TASK 1 – GENERAL PROGRAM DESCRIPTION

 

Review Comments and Prepare 2nd Draft: A 1st draft of this section has been prepared, circulated and discussed by the TAC.  Based on comments to date, DHDettman, Aquatic Biologist (Consultant) will prepare a 2nd draft of the section for submittal to the TAC.  The Consultant shall address all comments by TAC members and modify the 1st draft based on consultation with TAC members and professional judgment, as appropriate.

 

Assumptions:   MPWMD shall provide DHDettman, Aquatic Biologist (Consultant) with all of the pertinent hardcopy, emails and correspondence on the first draft of this section in a timely manner.

Deliverables:   2nd Draft Ready for distribution to TAC for second round of review/comment

 

TASK 2 – PROGRAM EFFECTS ON NMFS ESA LISTED SALMONID POPULATIONS

 

Task 2 Prepare a 1st draft of Section 2:  Implementation of the RRMP has the potential to affect steelhead already residing in habitats in the Carmel River through intraspecific competition/predation.  Secondarily, the program has the potential to affect other listed steelhead populations via the straying of breeding fish from the Carmel River into adjacent or nearby streams.  In this section, the Consultant shall review existing information on intraspecific competition/predation amongst cultured and wild steelhead/salmonids; assess the likely degree of straying from the Carmel River to other nearby streams; assess the risk of intraspecfic competition and predation associated with raising cultured steelhead in the Carmel River; and develop means for reducing any impacts associated with potential competition, predation and straying.

 

Assumptions:   Consultant will discuss scope and nature of competition, predation, and straying with NMFS and CDFG, and other appropriate experts. Consultant will review existing information readily available in scientific journals and agency reports on this subject.

 

Deliverables:   1st Draft ready for distribution to TAC for review/comment

 

TASK 3 – RELATIONSHIP OF PROGRAM TO OTHER MANAGEMENT OBJECTIVES

 

Task 3 Prepare a 1st draft of Section 3:  Consultant shall conduct a focused review on how the rescue and rearing program relates to other management objectives including:

 

·        NMFS’ Draft Recovery Plan for steelhead populations in California;

·        Water management objectives within MPWMD’s Allocation Program;

·        CDFG policy on management of steelhead and salmon streams in California; and

·        Means and constraints to minimizing R&R activities, while providing a domestic water supply from the Monterey Peninsula Water Resource System.

 

Assumptions:  Consultant shall prepare a memorandum on this subject and incorporate MPWMD, NMFS and CDFG review comments into preparation of the 1st draft for circulation to TAC for review/comment.  Schedule for the 1st Draft is dependent on timely review of the technical memorandum by agency representatives.  

 

Deliverables:   Technical memorandum for agency review/comment and 1st Draft ready for distribution to TAC for review/comment

 

TASK 4 – WATER SOURCE: DESCRIPTION AND CONSTRAINTS

 

Task 4 Complete the 1st Draft of the Section 4: Consultant shall complete a draft description of the water source for the Facility, including a review and discussion of the constraints on other nearby sources.  This review shall incorporate information from existing reports and known constraints; and provide a description of likely changes at the Facility intake, based on environmental review documents for the San Clemente Reservoir Retrofit Project.  The Consultant’s principal emphasis for this task is to identify water quality constraints for the existing and future water source, based on available information and professional judgment.

 

Assumptions:   Consultant shall use copies of available environmental documents and District files and information in completing this work. MPWMD shall provide the Consultant with all of the pertinent hardcopy and electronic files on the existing water source and all environmental reports and documents needed for review of the future water source in a timely manner.

 

Deliverables:   1st Draft ready for distribution to TAC for review/comment.

 

TASK 5 – FACILITIES PLAN AND EQUIPMENT

 

Task 5 Review and Revise 1st Draft of Section 5: A working draft of this section is in preparation and elements of the facilities plan and equipment have been discussed by the TAC. Based on the discussions and meeting notes, Consultant shall review and revise the working draft and complete the 1st Draft, as needed.  This shall include a description of any changes or planned changes to the facility since the last TAC meeting on September 6, 2006.  The Consultant’s principal emphasis for this task is to update the description of the Facilities plan and available equipment.

 

Assumptions:   Consultant shall use copies of available District files and information in completing this work. MPWMD shall provide the Consultant with all of the pertinent hardcopy, emails and electronic files needed for completion of this task in a timely manner.

 

Deliverables:   1st Draft ready for distribution to TAC for review/comment.

 

TASK 6 – FISH CAPTURE, RESCUE AND TRANSPORT PROTOCOL

 

Review Comments and Prepare 2nd Draft of Section 6: A 1st draft of this section has been prepared, circulated and discussed by the TAC.  Based on review comments, meeting notes correspondence through December 2006, and consultation with TAC members, the Consultant will prepare a 2nd draft of the section for submittal to the TAC.  The Consultant shall address all comments by TAC members and modify the 1st draft based on consultation with TAC members and professional judgment, as appropriate.

 

Assumptions:   MPWMD shall provide the Consultant with all of the pertinent hardcopy, emails, correspondence and comments on the first draft of this section in a timely manner.

 

Deliverables:   2nd Draft Ready for distribution to TAC for second round of review/comment

TASK 7 – FACILITY OPERATIONS AND REARING PROTOCOL

 

Task 7 Prepare a 1st Draft of Section 7: Based on the initial input from TAC members with respect to the components that they indicated should be included in this section, the Consultant shall prepare a detailed description of daily operations and rearing protocol for all fish that are held at the Facility.  This description shall include life history phases of steelhead that have been held at the Facility during the first twelve years of operations (1996-2007). 

 

Assumptions:   MPWMD shall provide the consultant with copies of all Annual Operations Reports for Sleepy Hollow Steelhead Facility, its current NPDES permit/waiver from the State Regional Water Quality Control Board, all pertinent meeting notes, emails, correspondence and comments from TAC members on any required components in a timely manner.

 

Deliverables:   1st Draft ready for distribution to TAC for review/comment.

 

TASK 8 – RELEASE PROTOCOL

 

Task 8 Prepare a 1st Draft of the Section 8:  Steelhead rescued from the lower Carmel River are either released into viable habitats or transported to the Facility for release once environmental conditions become favorable.  Based on the initial input from TAC members with respect to the components that they indicated should be included in this section, documentation and records of historical releases and the release protocol that was used in 2007 and approved by NMFS; the Consultant shall prepare a detailed description of daily release protocol, including an assessment of pre-release criteria for establishing release schedules.  Specific protocols will be developed for all life history phases of steelhead that have been rescued during the last eighteen years of operations under the District Mitigation Program (1989-2007). The Consultant’s principal emphasis for this task is to identify, based on available information and professional judgment, specific protocols for maximizing the likely survival of life history phases rescued during the last eighteen years.

 

Assumptions:   Consultant shall use District Annual Mitigation Reports, an updated copy of District’s fish rescue database, and copies of District files and information in completing this work. MPWMD shall provide the Consultant with all of the pertinent hardcopy and electronic files needed for completing this task in a timely manner.

 

Deliverables:   1st Draft ready for distribution to TAC for review/comment.

 

TASK 9 – MONITORING AND EVALUATION OF PERFORMANCE INDICATORS

 

Task 9 Prepare a 1st Draft of the Section 9: Consultant shall conduct a focused review on the range of feasible monitoring and evaluation indicators for the RRMP. This review will take into account the opportunities and constraints for marking and retrieval of rescued fish; and highlight alternative means for evaluating performance of the Facility.

 

Assumptions:   Consultant will discuss scope and nature of performance indicators with NMFS and CDFG biologist, and other appropriate experts who have experience in marking and recapturing steelhead/salmon. Consultant will review existing information readily available in scientific journals and agency reports on this subject...

 

Deliverables:   Consultant shall complete a Technical Memorandum on review of monitoring and evaluation indicators and a 1st Draft ready for distribution to TAC for review/comment.

 

TASK 10 – RESEARCH

 

Task 10 Prepare a 1st Draft of Section 10: The Facility is unique in design and operation and located along the southern edge of the steelhead range.  This provides opportunities for conducting research, particularly in regards to how water temperature affects steelhead growth, survival, stress levels and disease susceptibility.  Based on its unique design, operation and location, the Consultant shall provide a draft description of potential research projects at the Facility, including a review of current steelhead research in south-Central California.  The Consultant’s principal emphasis for this task is to identify research projects that will lead to higher survival.

 

Assumptions:   Consultant will discuss scope and nature of potential research with NMFS and CDFG, and other appropriate experts. Consultant will review existing information readily available in scientific journals and agency reports on this subject.

 

Deliverables:   1st Draft ready for distribution to TAC for review/comment.

 

TASK 11 – PROVIDE ONGOING EMERGENCY SERVICES AT THE FACILITY

Task 11 Provide Emergency Services at the Facility:  During the past year, DHDettman, Aquatic Biologist has assisted District Staff with diagnosis and repairs of the water supply and cooling systems at the Facility during emergency disruptions and failures.  Since July 19, 2007 assistance has been provided under a letter authorization from the District General Manager at a cost not-to-exceed $2,000.  Thus far, services have been requested on three occasions to address a failure of the cooling tower motor, a failure of cold well Pump No. 3, a possible failure of cold well Pump No. 5, and diagnosis and testing of malfunctioning sensors in the Monitrol Control system.  Under Task 11 the consultant will continue to provide ongoing emergency services according to the terms and conditions specified in a letter agreement from the District’s General Manager.

 

Assumptions:   Consultant will be available on a 24-hour x 7-day basis to assist District Staff with any emergency response issues at the Facility.  Emergency response may be as simple as advising District Staff on recommended diagnosis, testing and repairs, or as complex as coming to the Facility to direct and help conduct repairs or emergency modifications to ensure that flow and cooling is maintained for the fish reared at the Facility.  The billing rates for on-site services or consultations by phone will be $85/hour, for travel time will be $62.50/hour, plus $0.445/mile for round trip mileage to the Facility.

 

Deliverables: Consultant to provide an Email report on phone consultations and a letter report on any requested responses where travel to the Facility is required.

 

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[1] In 2005, the MPWMD convened a Technical Advisory Committee, comprised of representatives from MPWMD, CDFG, NMFS, Carmel River Steelhead Association, and Monterey Bay Salmon and Trout Project, to begin working on the RRMP.  To date, portions of a working draft have been prepared for specific subjects, review and comment; while other required subject areas have not been addressed.