The California Department of Fish and Wildlife has executed Lake and Streambed Alteration Agreement number 160-2016-0261-R3, pursuant to Section 1602 of the Fish and Game Code to the project Applicant, City of Milpitas. The project includes installation of a temporary sewer bypass pipeline parallel to lower Penitencia Creek between Marlinn Drive and California Circle. The total bypass pipeline length is 5,000 feet and is an 18-inch diameter joint less HDPE pipe. Along the majority of the creek, the pipe will rest on the maintenance road or adjacent to the road on the bench. However, there are two bridges that cross the creek which would require the bypass pipeline to be installed beneath the bridges. At the bridges, the pipe location will be within the stream bank, but above the wetted channel. The bypass pipeline will be secured using wooden stakes, rebar stakes, or similar materials. The pipeline will be present for 3 weeks with active bypass flow for 2 to 3 days.