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Home My WebLink AboutItem No. 03 Agreement RCRCD and City Mitigation CreditsCity of Lake Elsinore 130 South Main Street __ Lake Elsinore, CA 92530 II www.lake - elsinore.org VV °"` IKo - Text File File Number: ID# 19 -598 Agenda Date: 5/26/2020 Version: 1 Status: Approval Final In Control: City Council / Successor Aqency File Type: Council Consent Calendar Agenda Number: 3) City of Lake Elsinore Page 1 Printed on 512112020 CITY OF ih41 4 LAKE LS1110 E L � DREAM EXTREME REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared By: Remon Habib, City Engineer Richard J. MacHott, Planning Manager Date: May 26, 2020 Subject: Purchase of Mitigation Credits from the Riverside - Corona Resource Conservation District for the Camino Del Norte Extension Project Recommendation Authorize the City Manager to execute the Agreement for Sale of Credits from the Riverside - Corona Resource Conservation District In -Lieu Fee Program related to the Camino Del Norte Road Extension Project. Background Construction of the Camino Del Norte Improvement Project was completed and roadway opened to the public on February 21, 2020. The Project was constructed in compliance with two separate environmental documents: a California Environmental Quality Act/National Environmental Policy Act (CEQA/NEPA) Mitigated Negative Declaration /Finding of No Significant Impact (MND /FONSI) for the 1 -15 /Railroad Canyon Road Interchange Improvement Project with a Notice of Determination by Caltrans on September 1, 2017; and the Canyon Estates Drive /Canyon View Drive Intersection Improvement Project with a Notice of Determination by the City of Lake Elsinore on February 28, 2018. In order to comply with the mitigation measures of the two environmental documents, the City obtained permits under Sections 401 and 404 of the Clean Water Act and Section 1602 of the California Fish and Game Code. Through these permits, it was determined that acceptable mitigation would be the purchase of mitigation credits from the Riverside - Corona Resource Conservation District ( RCRCD). Discussion The subject agreement authorizes purchase from RCRCD of 0.15 Enhancement ILF Credits from the RCRCD's in -lieu fee Program to satisfy the 401 Certification, as well as sufficient funds to allow for an additional 0.33 acres of CDFW enhancement credits to be purchased from RCRCD to satisfy mitigation requirements for the total purchase price of $110,400.00. The purchase price shall be paid by means acceptable to RCRCD. The sale of credits does not result into a transfer of real property. RCRCD Agreement May 26, 2020 Page 2 Fiscal Impact The fiscal impact is $110,400.00 and has been allocated under the City's CIP. Exhibits A — RCRCD Agreement AGREEMENT FOR SALE OF CREDITS FROM THE RIVERSIDE- CORONA RESOURCE CONSERVATION DISTRICT IN -LIEU FEE PROGRAM This Agreement is entered into this day of May 2020, by and between Riverside - Corona Resource Conservation District ( "RCRCD "), and City of Lake Elsinore, a California municipal corporation ( "Project Proponent ") (collectively the "Parties "), as follows: RECITALS A. RCRCD has developed the RCRCD In -Lieu Fee Program (the "Program "); and B. The Program was approved by the Los Angeles District of the U.S. Army Corps of Engineers ( "USACE "), Region IX of the U.S. Environmental Protection Agency ( "USEPA "), and the California Regional Water Quality Control Board, Region 8 ( "RWQCB ") (jointly referred to as the Interagency Review Team (the "IRT ")) on July 26, 2012 and is currently in good standing with the IRT; and C. RCRCD has received approval from the IRT to sell Credits from the Program to offset impacts associated with resource - impacting projects; and D. Project Proponent is seeking to purchase Compensatory Mitigation Credits ( "ILF Credits ") from the Program for impacts to the Waters of the U.S. that result from activities of the Project Proponent authorized under sections 401 and 404 of the Clean Water Act (See Permits attached in Exhibit "A "); and E. The Project Proponent is purchasing ILF Credits to offset impacts of the Camino del Norte Improvements Project (the "Project "), as further described in Exhibit `B," located at Camino del Norte south of the Main Street interchange, south of the intersection of Grunder Drive, Canyon View Drive, and Canyon Estates Drive, within the City of Lake Elsinore, Riverside County, California (Latitude 33.662174° N /Longitude -117.298781'W ( "Impact Location "); and F. The Project Proponent's 404 Nationwide Permit Verification No. SPL- 201900333-CLD dated June 3, 2019 ( "404 Permit ") contains no requirement for the Project Proponent to purchase any ILF Credits; and G. Pursuant to Section XIII.H of the Clean Water Action Section 401 Water Quality Certification And Order For Camino Del Norte Improvements Project (SARWQCB WDID No. 332018 -36) dated July 29, 2019 ( "401 Certification "), the Santa Ana Regional Water Quality Control Board is requiring Project Proponent to purchase 0.15 enhancement ILF Credits to mitigate for impacts to Waters of the U.S. at the Impact Location caused by the Project; and H. RCRCD also provides credit -based mitigation to assist project proponents in meeting mitigation requirements set forth in streambed alteration agreements and other permits issued by the California Department of Fish and Wildlife ( "CDFW ") (collectively, "CDFW credits "); and I. Pursuant to a California Department of Fish and Wildlife ( "CDFW ") Operation of 24632.02084\32287777.2 Law Letter dated June 10, 2019 (Notification No. 1600 - 2019 - 0002 -R6) ( "OpLaw Letter "), Project Proponent proposed to purchase 0.48 acres of "mitigation credits" to offset impacts to waters of the state at the Impact Location caused by the Project. The OpLaw Letter is attached hereto in Exhibit "A." The Parties received an email from CDFW representative Jeff Brandt on Saturday August 17, 2019 confirming that 0.48 enhancement credits purchase from the Santa Ana River Watershed ILF Program would satisfy this OpLaw condition, a copy of which is attached hereto in Exhibit "A;" and J. Project Proponent represents that this purchase will satisfy CEQA Condition BIO- 3 from the Canyon Estates Drive /Canyon View Drive Intersection Improvement Project Initial Study/Mitigated Negative Declaration (SCH #2017111005); and K. Project Proponent represents that this purchase will satisfy CEQA Condition WET -4 from the Interstate 15 /Railroad Canyon Road Interchange Improvement Project Mitigated Negative Declaration/Finding of No Significant Impact (SCH #2017011018); and K. Project Proponent desires to purchase from RCRCD and RCRCD desires to sell and convey to Project Proponent, the following: NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Subject to the terms and conditions herein, RCRCD agrees to sell to Project Proponent and Project Proponent agrees to purchase from RCRCD 0.15 Enhancement ILF Credits from the Program to satisfy the 401 Certification, as well as sufficient funds to allow for an additional 0.33 acres of CDFW enhancement credits to be purchased from RCRCD to satisfy the OpLaw Letter mitigation requirements for the total purchase price of ONE HUNDRED TEN THOUSAND FOUR HUNDRED AND NO /100's DOLLARS ($110,400.00). The purchase price shall be paid by means acceptable to RCRCD. The Parties shall mutually agree to a "Closing Date" by which the Credit sale transaction will be completed, which shall be no later than the execution of this Agreement. On the Closing Date, RCRCD shall transfer to Project Proponent evidence that the ILF Credits and CDFW credits have been allocated to the Project by Bill of Sale in the form attached as Exhibit "C," and Project Proponent shall pay the purchase price specified above. 2. In the event Project Proponent has not delivered the Purchase Price to RCRCD on or before the Closing Date, this Agreement shall automatically terminate without need for any further action by RCRCD and RCRCD shall have no further obligations to Project Proponent under this Agreement. 3. The sale and transfer herein is not intended as a sale or transfer to Project Proponent of a security, license, lease, easement, or possessory or non - possessory interest in real property, nor the granting of any interest of the foregoing. 4. Project Proponent shall have no obligation whatsoever by reason of this Agreement to support, pay, fix, monitor, report on, sustain, continue in perpetuity, or otherwise be obligated or liable for the success or continued expense or maintenance in perpetuity of the mitigation property associated with ILF Credits or CDFW credits sold, or the Program. 24632.02084\32287777.2 2 5. The ILF Credits and CDFW credits herein sold and conveyed to Project Proponent shall be non - transferable and non - assignable, and shall be used as compensatory mitigation only in connection with the Project. Any excess ILF credits or CDFW credits shall not be utilized for the benefit of any other project, nor shall they be traded or otherwise retained by RCRCD for future use by the Project Proponent or any other person or entity. 6. All representations, warranties, and covenants embodied in this Agreement shall survive the transfer of the ILF Credits or CDFW credits hereunder. 7. RCRCD shall cooperate and assist Project Proponent by providing documentation required by the IRT, and other regulatory agencies to establish that the ILF Credits may be used to compensate for the Project's impacts described above. RCRCD shall provide USACE with a Statement of Sale of ILF Credit in the form of the attached Exhibit D no later than 30 days after the Closing Date of a successful sale. 8. The Parties explicitly agree that any mitigation for activities of Project Proponent that is not the express obligation of Grantee pursuant to this Agreement, and any other mitigation set forth in any 404 Permit, 401 Certification, OpLaw Letter, and /or any other regulatory permits, remains solely and entirely Grantor's responsibility. 9. Any notice or other written communication given pursuant to this Agreement shall be delivered to the other Party by first class U.S. mail, certified or registered U.S. mail or facsimile mail with mailed copy as follows: Project Proponent: City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Telephone: (951) 674 -3124, Ext. 209 Email: gyates @lake - elsinore.org Attn: Grant Yates, City Manager RCRCD: Shelli Lamb, District Manager 4500 Glenwood Drove, Bldg A Riverside, CA 92501 -3042 Telephone: (951) 683 -7691 Email: Lamb @rcrcd.org Copy To: General Counsel, RCRCD Best Best & Krieger LLP 3390 University Avenue, 5th Floor Riverside, CA 92501 Telephone: (951) 686 -1450 Email: Steven.anderson @bbklaw.com 10. It is agreed that all understandings and agreements heretofore had between the Parties respecting the transactions contemplated by this Agreement are merged in this Agreement, which fully and completely expresses the agreement of the Parties. There are no 24632.02084\32287777.2 representations, warranties, or agreements except as specified and expressly set forth herein, in the exhibits annexed hereto, or to be set forth in the instruments or other documents delivered or to be delivered hereunder. 11. Any municipal or other corporation signing this Agreement, and each agent, officer, director, or employee signing on behalf of such corporation, but in his or her individual capacity, represents and warrants that said Agreement is duly authorized by and binding upon said corporation, duly adopted by its City Council or Board of Directors and transcribed in full in the minutes of said corporation. Any individual signing this Agreement on behalf of a partnership or business entity other than a corporation represents that such other entity has power and authority to enter into this Agreement, and by such person's act is bound hereby. 12. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties hereto, to any person or entity other than the parties hereto. 13. This Agreement may be executed in one or more counterparts. Each shall be deemed an original and all, taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written, RCRCD: PROJECT PROPONENT: By: By: Alfred B. Bonnett, Jr., President Grant Yates, City Manager 24632.02084\32287777.2 4 EXHIBIT A (Also See Attached 401/1600) Exhibit A -1 24632.02084\32287777.2 rii�nra.a Water Boards Santa Ana Regional Water Quality Control ward July 29, 2019 Mr. Reohwd J. Mac Hott City of Lake Elsinore 130 S- Makn Street Lace Elainorer CA 92630 Email: rrnaacho lQ1aic0-6FiiDgre Ofd, '� J� aww►uo CLEAN WATER ACT SECTION 401 WATER 0UALrrY CERTIFICATION AND ORIDER FOR THE CAM INO DEL NORTE IM PROVEN ENTS PROJECT (SARWGCl3 WDID # 332015 36) pear Mr. MacHott: Enclosed please find a Clean Water Act Section 401 Water duality Certifical ion and Order, authorized by the Santa Ana Reg lonal Water Quality Control Board Executive Officer, Hupa A. Smythe This Order ie issued to you for the Camino del Norte Improvernente Project (Project). Attachments A through G of the Endosure are also part of the Order, This Order is issued in neaponse t6 an application submitted by the City of Lake Elsinore for the proposed Project discharge to waters of the State to ensure that the waler quality standards for all waters of The State trnpacted tjy the Project are met- You m$y proceed with your Pruitt aaaardfirg to the terms and co.- Anions of the enclosed Order. if you require further assistance. please canta❑t me by phony at (95 1) 7074963 or by email at Olaudia.7enor+o waCorboards to Ocw You may also comact David Woeltei, Chief of Regional Planning Programs Section. by pno. -W at (951) 762 -7960 a by email at David.WoetteIRwaterboar s Qa QG v- Sincerely, Claudia Tenorio Environmental Scien#ist Regional Planning Programs Seel ion Santa Ana Regional VVater QuaMy Control Board Enclosures (1 )' Order for Carnlno del Norte Improvements Project PL - - -- Exhibit A -2 24632.02084\32287777.2 Mf Richard I acHolt - 2 - July 29, 2019 Camim dQl Norte kmprove"nts Ptood SARWOCB WDID # 332016 -36 cc'. [Ma amail only] (wi enclosure): U.S Army Corps of Engineers, - Crystal Doyie- Drys #ek,L.R4.yle�ik�asee.a�Y.rrnj] U . Environrnenfal PrDtection Agency, Region g— VVistlands Seclion - Megan Fitzgerald — Fltzslerald.Mecandeps.cor Melpaso Sclannl — mSrjqnnLMqljssaflepa gov California Department of Flah and Wildlife — Mariwa Caringella — mariesaCarinstelJa LkLiife,cas�o,+ Mate Water Resouroa Cantrfll Board, Office of Chief Cowilsel — Tereeita Sablan — Teresi#a SabljnQtjqterbpards,ca.rj State Water Resources Control Board, Division of Water Duality —Water Ouakty Certification Unit Santa Ana Regional Water OualLty Control Board — DrM Woeffel LSA --• Anthony Greco -- + _ny57 wco K2 net Exhibit A -3 24632.02084\32287777.2 Gwn Hewecw •ra YHia � �FVG ?�L4V[+iCLP Water Boards Santa An 7k RagionaI Water Quality Con troI Boa rd CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIF [CAT 10N AINO ORDE=R Etroctive aete, July 29, 2019 Reg. Meas, Ili, 428350 Place ID: 855429 Program Type: RIVEgeavatlon SARWQCB WDID., 332018 -96 USAGE A SPL- 2019-00333 -CLO Project Type: Roads and Highways Project: Camino del Norte Improvements Project (Project) Federal Permit; United States Army Corps of Engineers (USAGE) Nationwide Permit(NVVP) 14, LinearTranapartation Projects . Applicant: City of Lake Elsinore Applicant Contact: Rlchard J. MacHott, Planning Manager City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92.5M Phone: (951) 574 -3124 ext. 209 Email: rmpehottalake-a[sinora.ore Applicant's Agent: Anthony Greco, Senior Qiologist 1- 703 Palomar Airport Road, Suite 260 Carlsbad, CA 92011 Phone: (760) 931 -5471 Email; arntheny.areco z.a,ngt, Water Board Sta1T: ClaudiaTenorio E nvironmental Sdantiat 5737 Main Street, Suite 500 Riverside, CA 92501 Phone; (951) 762 -4903 Email: ClaudiR- Tenorio waterboarda.ca.aov Water Board Contact Parson, If you have any questions, please oaJl Sarda Ana Regional Water Quality Control Board (Santa Ana Water Board) staff listed above or (051) 782 -4130 and ask to speak with the Regional Planning Programs Section Chief, WLUaM RLa4, CWM I H13P9 SSMVTIIC, olmeL.Tl.s OMCCA 8357 Male Sq., SLOW SM, Fr-ma ", CA §25" I w.w.wai.nor�.a.par/Fanranna 0 Y1l4lLaaawp Exhibit A -4 24632.02084\32287777.2 Camino -del Norte Improvements Project Reg. Meas. ID: 428350 SARWOCD WDI f3 # 8320 i 8 -36 Platy ID; $55420 Table *f COt1M4ft I- Order.,........,..,....,.......,....,. ............................................................,... ..............................3 11. Public Notic e.................................................. ...................,..,..,.,.,, .......... III. PrajW Purpo�se ............................................................................... ............__...........,..,.3 IV_ Project Deserlption ......................„_.._.__,._,._.__.._,......._...._..----.--._._..:.--.---- .-- .- .-- .-- .-- ..- .--- ,._,.3 V_ Project Location .................................................................................................. .......... _'.3 VI. Project Impact and Receluing Waters InfonTtMon .......................................................... . 4 VII. Description of Direct Impacts to Wartem of the State ................... ,,.,... ............. ____ ...... 4 VI II. Avoidance and MiNmizaton .................................................. ,..,.,..,. .,....,.,,.,..,.....,,......... IX. Compensatory Mitigation ............................... ............................... ---- a-------- - - - - -- X, California Environmental Quality Act ( CEQA) .................................. .., ..._...,......_....._.........5 XI_ Petitions forRa consideration ........................................................„... .........,..,..,..,..,........5 X11. Fees Received... � ......................................... ............................... .................._5 X111, CondRion s ......... ................................................................................ .. ...............,..,,.,...,..,.s XIV_ Cerguation Deviation— .t•1..... t,. -. t ........................... .. .............. ...........,.................. XIV_ Water Quality Cedlficabon --------- ____ ....... ............._........ --------------------------------------------- AttachmcntA Project Maps(s) Attachment D Report and Noliificatlon Requlremetits Attachment C Signatory Requirements Page 2 cf 14 Exhibit A -5 24632.02084\32287777.2 Gamino del Norte Improvements Protect Reg. Meas_ la= 428350 SARWOC6 bVDID # 332015 96 Place ID; 066420 e. Prior to oonstructloll eotlwities. the Permiltee shall delineate the work area with Brightly calorad fencing or other methods 14 enSUre temporiary impacts to watm of the United Slates and of the State do not exceed the limits awtho6zed in this Cemirtation. 4. HwArdaas Material*; During construction activities, The Perm,ttee shall complyvAh local. State. and feaaral laws acrd regulatGnS r%mdrrg the handLng and storage of h=rdous suostances 5. Invasive Species end Soil Borne Pathogens: BMPG to stabilize disturbed sails shall include the use -of nodwe plan( species whenever feasible. 6. storm 1A oUr. 'rho Project shalll comply with the local regulations 88sataated with the Santo Aria Water Board's MunicipTlll StormwaterPermil issued to Riverside County and crrperrnittetxs under NPDES No. CAS618033 and Waste Dlsaarge ReqLirments Order No. RO-20 14fiU33. and subsequent iterations thereof M. Cornpensatory Mltigoden forPerrnanent Impacts' 1. Purchase of Mitigal-lon Credits by Perm ittee kwCompetlsatory la#tigubun a. A wpy of tlr* funs exacted agreernerrt for the pvKhme of rnrt *115 n credits shall be provided to the Santa Ana Water Board within ten (10) days of authorized impacts. b. The Perrnittee shAIt retain responsibility for providing ttre compensatory mitigation and lorV-term marlagoment votil Santa Arta Watar Board Staff has received dgcumentation at the credit pura"S$ and the transfar agreement between the Pgtrnittee and the seller of credits. 2. Total Required Collnj*ns*Wq lMitigdti" e_ The Permittee shad provide romperlmatory mitigation for 1*te authorized Pray imparts of 0 05 mcM to waiters of Uie State by purthaSinq. througlb the Sarda Arta River VUeteriLhed Irr.tpbu Fee Program and al a re1114 OF 3' S (rhdigalron knoom 0.16 acre of strearntar,nel enhancement credits L1, the Permutes shall provide the total required Project compensatory mi� information for permanent physkr;61 loss of area M suffima6zed in Ta4ie S. Cwnpoisslgry w6gabm is kv pvmsnent phys�aa lass aid perrri&*M cc0k >Q4w dagrad*iam of * ,.miler ei" 51sre. Page 12 of 14 Exhibit A -6 24632.02084\32287777.2 lfunHxye ef"Anwa on rmi ppej Camino del Norte ImproveiviWi; Project SAiRVVC Cf3 WDI D X 332018 -W Reg. Was. 10- 429350 Place 10.655420 Table 3- Required Project Compensatory Mitigation Quantity for PerrnanprtPhyakal Msth�odF Agri iC Colrrp phMsbume NIL Ural Ty" T wraf.. mall.:•' Fitly: Pwlwr& LMbw we OFrlrvgl�l ILF ACM — — — 0.1s .. }HIV. CerthIluilon Deviation i- Minor rnoddir" ens of Project locations Dr preckled impacts may be necessary -es a result of unrareseen field conddiars- necessary engineering re- design, consvuGtlon concerns, or similar masons. Some of these Prospective Projecw modifications may have Impacts on wailer resources. For purposes of this Certification, a C.artifPcation Davwfian Is a Project InGatlonal or impact modification that does not require an imrne+diale amendment of the Order, because the Santa Arta Water Beard ?fib determinad that any potential water resouroe Impacts that may result horn the change are sufficiently addressed by the Order carrditions and the CEOA Findings. After the termir►atlon of oarretru&ian, this Order will be formally amewfed to reflect all authorized cartlficabOn Deviatlon s and any resulting adjustments to the amount of water resource impacts and required comperrgatory mitlgation arnotints- 2, A Project modification Shall not be granled a CertiFrcation Deviation if Iw warrants of neoesaitates changes chat are nal addressed by the Order Conditions or the C=F -CA environmental document such that the Frooct impacts ora not addressed in the Project's envlranmental documenl or the condrtlons ofthis Order- lri this case a supplemeniar erivimnrneMoll review and d-ffarent Order will be required. XIV, Water Qua ty CertN9cmt an I hereby Pssue the Order ( SARWUM WDID 0 3320180 for the Camino def hJarfe improwavrrerrfs Projed. This Order certifies that arty disdhange from the referenced Pr*cl will oD nply wrth the appicable provisions of Clean Water Act wx6oris 301 (Bfftuent Limitations), 302 ( Water Quality Related Effluent Limitations), 303 (Waiter Quality Standards and Implementatvn flans), 3U6 (National Standards of Performance). and 307 (Twdr, and Pretreatment Effluent Standards). as Ipng as all of the conditions listed in the Order are mel. This drsclwge is also regulated pursuant to State Water Sciard Wate- Quality Order No 2003 - 0017 -DWO winch autharires thi%Ordwtodmrea:Wag* Diischsrge RegwremomS putuidnr to who Porter -Co" 7e Water Quality Cordrul Act (Water C*de, sectwnc 13000 et seq. ) i Compmmmwy Raw' h'0'r "vy be LmLhw4ee OLF); hNOWMon Silk *M� Penn RerpgrW* (PR} ' 9Fft4 n1 fUL), r--W 6kcM-i4 (Re- SLN r I P I -- rr Qiek] aMhanaamanl (Enh 1. F=MVMXn Perim ). tbdurueri 1pp:M to advznm cPtdI wPl:h an u dmmn mrdtxd and or IoMftW Page 13 of 14 Exhibit A -7 24632.02084\32287777.2 Ctunino deft Node Jmprawnmerrts Project SARINCC8 wore s 332015.36 Reg. Meas 113. A 0350 Piar_e ID 955420 Eirdenl insofar a may be modified by any preceding oandidons. all Order au*ns are torrpngtrrt on (a) the di- x, r" being firmed and am proposed fn ftatlw Inin t rw0owd in sir.d compltan with the mndiians a1" Oder and tiie ammhrnents to Olds Order. and (b) comptianm with ali applicable m quorernerd5 of StAmide Water Oaatdy Ca*01 Pums and Polices ana the Santa Aura VVW;er Board's $ad<fyr Plan and PnLoes. SM Santa Ana Water ❑reality Gnntrd Board Attachment A Pro] "l Map(3) Attachment B Report OM Notlfwaleon Requirements Attachment C Signatory R,equiv,-ments Exhibit A -8 24632.02084\32287777.2 7� _ aoro CaMkr1O4jel NOrge imprOVOMtnls PFgiEd Reg Meam ID, 428350 AnwAmenkA SAR QCBWCWD933nf9 -38 Place ID: 655420 = Pro*l La _EWM GBf�lA1P C�![lAk2i fngµ'�7WiIItRi1 �v�[[ P�oJct[ [ocs9�4� Page 1 of 2 Exhibit A -9 24632.02084\32287777.2 Slate E5f Calgcgnr a — 14atura4 Rembirc,ss Aagmy GAVIN r1EWSOR 9ovwnor DEPARTMENT OF FISH AND WILDLIFE GMRLTM U WNHAK ohwkw Wand Oesr*rts t3egi�1 3902 Irgand Emplre Blvd, Ski 0220 Or+tario, CA 91784 9a�9�&4 -0167 lmpfl4.rvl�4�li��v .tune 10, 2019 Richard J. MacHott City of Le:ke Elsinore 130 S. Maim Street Lake Elsinore, CA 92530 rmachott@lak"lsinore.org Notlflcation of Lake or Stream bed Alteration, Notification No. 1600 -2019- 4002 -fib, Camino 17e1 Norte Improvements Project, Impacting unnamed drainages tributary to the an Jacinto River Dear Mr. MacHott The California Department of Fish and Wild Ufa (COP*) had until March 28, 201$ tQ submit a draft lake or Streambed Alteration Agreement (Agreement)to you or inform you that an Agreement Is not required. CDFW did not meet that date. As a result, by larw, you may now complete the project described in your rnotiNcation without an AgreerrwRnt. Please note that pursuant to Fish and Game Code section 1002, subdivision (a)(4XD), If you procsed with this project, tt must be the same as described and conducted In the same manner as specified in the notification and any modifications to that notification received by CDFVV in writing priorto Wrch 28, 2019_ This includes cornpleting the project wkthin the proposed terra or«d seasonal work period and implementing all avaida noe end rnibgation measures to protect fish and wildlife resouroas specified in the rrotlticeatiion. If the term pmposed in your natifica5= hag expired. you will naAd to re- notify G1)FVV before you may bapin your project. BninHng or camplehng a project that differs in any way from the nrte described In the noilfrcatlon may wnstiRate a violation of Fish and Carne Code section 16U. Your notification includes, but is not limited to, the following Informatlon, Your notr6wtwrr proposes wank w,+ithorr unnamed drmnages Inbutafy to the mar, ,laacinFo River, 10 aasf oil -f5, south oir the "ersec ion of Crunder Drive, Canyon View Dnv&, and Carryon EsWes Drive in the City of Lake Ef8lPcm, Rfverude Ccwntyr California. The coordinates are ?aEtudb 33. 662174, kungrfude -1IT 296781 Your projecj Prwwa cansWcfkx? of tho svufarwm exterrsrorr of C@FNno def Norte Rced to the new ir1 fa9r"CV00 at C4nYnn EVOWW JDriV@0 and Car+yOrr I VFW Dfiver -Rnd mBtignn -- nVreconatranfbn of the iraersecf" at Canyon ✓Tstales a' olanct Canyon Wewr DrIve lo allow for a standard f&w -way rnfersacfroM_ Addivanafly, the pfopw includes efriity relocafrorp, site preparation and grading, sidevralk cvrrsiructionr and 'Worm drain fmproverrrerrts, Temporary facW;&s wih be insfafkd to handle dra }nags withip the Cowef" ing Caaifomid's IMU f� St ace 1870 Exhibit A -10 24632.02084\32287777.2 Richard J. MmHott Eage2of2 project area mW aN temporary Mcif ms w0f be removed foffowrng cwpietiorr of constrvOorr, You Crave proposed the Bait -vrng avc dance and rrynfrrizatfon rrraawms during pm_}ect omptementafion= ferrdng acrd sdt fence barriers of project boundaries; designated maintenancafstaging areas to praviant *41 runoff A m enfwing sensitive areas; frrrpferrrerrtativn of a weed abatement program to rnr nirmza impoH of =N- native plant matartd; a ge,aiXJad bichogieai mamlar during 49 r+OVdivn; and additional measures fisted in Attachment B, Tsbte A, of the LSA noftficXian. You have proposed to rnf;iglato far 0.05 acne oFImpacfs to non - reload waters of the t.f_S_ and 0.16 scm of impacts sr Abj to sector? 1600 of the Fish and Game Coate at a 3:1 ratio drrxwgh 4;antrib[,tiorl to the Rtversode Carona Rasdurce Obi wrvation rri -&u fee program (now renerned the Santa Etna River Watershed in4leu fee program). Your project term ends on December 3f, 2019, Also note that while you are entitled to complete the project wlthotA an Agreernent, you are still responsible for corn plying with other applicable local. istate, and federal laws_ These include, but are not limited to. Fish and Game Code sectlons 200 of seq. (species listed as threatened or endangered, or a candidate for listing under khe Califarnin Endangered Species Act }; section 1 W (rata n0vo plants ); seckions 3511, 47OOr 5D50, and 5515 {fully protected species); section 3503 (bird nests and eggs); sectlari 31503.5 (birds of prey); section 5550 (water pollution); section 5662 (refuse disposal Into water); section 6901 (fish passage); section 6937 (suff"Nient water for fish); and section 5948 (obstruction of stream). Flnaliy, ii you decide to proceed with your project wlthout an Agreement, you must have a copy of this letter and your notification with all altachments avarllable at all tunes at the work site_ If you have questions regarding This letter, please contact Marisa Cadngelta, Senior Envinnnmenlal Gcientlat (Specinlisi), at 909 -930 -1381 or by email at rnedsaa.cafingella@WldIM-ca.gov. Sincere .Ion vironrnental Program nland Deserts Region ec: Marissa Caringella, Senior Enviranmantal Scientist (Specialist) Califomia De❑artmentof Fish and Wildlrfe Inland Deserts Region rnari li uMi Yif . Anthony Gn3co n ho I .n Exhibit A -11 24632.02084\32287777.2 From: Brandt, Jeff @Wildlife [mailto:Jeff.Brandt @wildlife.ca.gov] Sent: Saturday, August 17, 2019 8:41 AM To: Ward Simmons; Anthony Greco (Anthony. Greco @lsa.net) Cc: Caringella, Marissa @Wildlife; Shelli Lamb (lamb @rcrcd.org); Chan, Eric @Wildlife; 'j eff.brandt @wildlife. ca. gov' Subject: Quantity is correct. Re: 1600 - 2019 - 0002 -R6 Camino Del Norte Improvements Project Ward and Anthony— The mitigation quantity is correct. Marissa is on leave, please forward the receipt to Eric Chan for our records. Thank you, Jeff Sent from my iPhone On Aug 16, 2019, at 4:26 PM, Ward Simmons <Ward.Simmons @bbklaw.com> wrote: Anthony/ Marissa/ Jeff. RCRCD is requesting confirmation from CDFW that 0.48 enhancement credits purchased from RCRCD will satisfy the following portion of the June 10, 2019 Operation of Law letter to Richard J. MacHott of the City of Lake Elsinore: "You have proposed to mitigate for 0.05 acre of impacts to non - wetland waters of the U.S. and 0.16 acre of impacts subject to section 1600 of the Fish and Game Code at a 3:1 ratio through contribution to the Riverside - Corona Resource Conservation in -lieu fee program (now renamed the Santa Ana River Watershed in -lieu fee program)." As we understand it, the 0.16 acre of impacts overlaps with the 0.05 acre of impacts. Therefore, the calculation is simply: 0.16 acre impacts x 3:1 = 0.48 acres of enhancement. Please confirm yes or no whether this is correct. Thank you in advance. Ward Ward Simmons Of Counsel ward.simmons@bbklaw.com T: (951) 826 -8366 www.BBKlaw.com Exhibit A -12 24632.02084\32287777.2 F,XHTRIT R PROJECT DESCRIPTION The Project will extend Camino del Norte Road to the south, roughly paralleling the 1 -15, to the intersection at Franklin Street, Canyon Estates Drive, and Canyon View Drive. The Project activities also include the realignment and reconstruction of the Canyon Estates Drive and Canyon View Drive intersection to allow for a standard four -way intersection. During construction, temporary storm drain facilities will be installed to handle drainage within the Project area; all temporary facilities will be removed following Project completion. At the new Canyon Estates Drive, Camino del Norte, and Franklin Street intersection, post - construction storm water will be contained in a new curb and gutter system and conveyed to existing storm drain facilities. A triple 54 -inch reinforced concrete pipe, headwall, wing - walls, and rock slope protection will be constructed below the realigned portion of Canyon Estates Drive and routed to Drainage D -8. Drainage D -8 conveys storm water from the upland areas north of the Project limits to a concrete -lined channel that drains into the San Jacinto River. The overall Project activities include the demolition and construction of roads, utility relocation, site preparation and grading, sidewalk construction, and storm drain improvements. Exhibit B -1 24632.02084\32287777.2 EXHIBIT C BILL OF SALE Contract No. In consideration of the payment of $110,400.00, receipt of which is hereby acknowledged, RCRCD does hereby recognize that the City of Lake Elsinore (the "Project Applicant "), has acquired 0.15 Enhancement Credits from the RCRCD In -Lieu Fee Program (the "Program "), developed and approved by the Los Angeles District of the U.S. Army Corps of Engineers, Region IX of the U.S. Environmental Protection Agency and the California Regional Water Quality Control Board, Region 8, as well as an additional 0.33 enhancement acres needed to satisfy a California Department of Fish and Wildlife Operation of Law Letter (Notification No. 1600 - 2019 - 0002 -R6), along with certain CEQA mitigation conditions. RCRCD, administrator of the Program, represents and warrants that it has good title to the credits, has good right to sell the same, and that they are free and clear of all claims, liens, or encumbrances. DATED: District Manager Exhibit C -1 24632.02084\32287777.2 EXHIBIT D Statement of Sale of Credit Exhibit D -1 24632.02084\32287777.2 RCRCD letterhead [date] U.S. Army Corps of Engineers Los Angeles District — Regulatory Division 915 Wilshire Blvd. Los Angeles, CA 90017 Subject: Statement of Sale for 0.15 Enhancement Credits from the RCRCD In -Lieu Fee Program to the City of Lake Elsinore (Camino del Norte Improvements Project) The Riverside - Corona Resource Conservation District has an agreement with the U.S. Army Corps of Engineers — Los Angeles District to operate an In- Lieu -Fee Program. This letter confirms the sale of 0.15 Enhancement Credits. These credits are being used as compensatory mitigation for 0.05 acres of permanent impacts to waters of the State as authorized by a Santa Ana Regional Water Quality Control Board Clean Water Act Section 401 Water Quality Standards Certification for the Camino del Norte Improvements Project, City of Lake Elsinore, Riverside County (SARWQCB WDID No. 332018 -36) dated July 29, 2019. By selling credits to the above permittee, RCRCD is the party responsible for fulfilling Condition XIII.H.2.a on page 12 of the 401 Certification. Signed cc: R.J. Van Sant, Project Manager /Biologist, Regulatory Division, U.S. Army Corps of Engineers, Carlsbad Field Office James Mace, Senior Project Manager, Regulatory Division, U.S. Army Corps of Engineers, Los Angeles District Marc Brown, Regional Planning Programs, Regional Water Quality Control Board -Santa Ana Region. Sarvy Mandavi, Environmental Protection Specialist, Wetlands Regulatory Office, U.S. EPA, Region 9 Steve Anderson, General Counsel, RCRCD, Best Best & Krieger LLP 24632.02084\32287777.2