HomeMy WebLinkAboutItem No. 18 - Streambed Alteration Agreement for Murrieta Creek Multi-use Trail Project_2024120600274957218)Streambed Alteration Agreement for Murrieta Creek Multi-use Trail Project
Approve and authorize the City Manager to execute a Streambed Alteration Agreement with
the California Department of Fish and Wildlife (CDFW) for the Murrieta Creek Multi-Use
Trail project in such final form as approved by the City Attorney.
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Remon Habib, City Engineer
Date:December 10, 2024
Subject:Streambed Alteration Agreement for Murrieta Creek Multi-use Trail Project
Recommendation
Approve and authorize the City Manager to execute a Streambed Alteration Agreement with the
California Department of Fish and Wildlife (CDFW) for the Murrieta Creek Multi-Use Trail project
in such final form as approved by the City Attorney.
Background
The Murrieta Creek Multi-Use Trail is a multi-jurisdiction, active transportation trail that is identified
in the City’s General Plan and Eastlake Specific Plan adopted in 2017. The proposed Murrieta
Creek Multi-Use Trail extends Skylark Drive and the Lake Levee Trail.
The City is currently in final design for the Murrieta Creek Multi-Use Trail project. The City’s
consultant, Chen Ryan Associates, is providing services to complete the final design, permitting,
and acquisition of right-of-way and mitigation credits for the project.
Discussion
Streambed Alteration Agreement (SAA) would be entered between the California Department of
Fish and Wildlife (CDFW) and the City of Lake Elsinore. CDFW has determined the Murrieta
Creek Multi-Use Trail project could substantially adversely affect existing fish or wildlife resources.
Necessary mitigation measures to protect the impacted resources are identified in the SAA, and
the City must satisfy each measure identified in the SAA to mitigate the impacts of the Murrieta
Creek Multi-Use project. Measures included are administrative, general wildlife protection and
prevention, compensatory, and reporting.
Execution of the SAA would allow for the project to request ATP grant funding allocation for the
construction phase of the project.
Streambed Alteration Agreement MCT
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Fiscal Impact
ATP Cycle 4 grant funding was used to cover the cost of the City’s consultant to prepare the final
Streambed Alteration Agreement documents for the Murrieta Creek Multi-Use Trail project.
Attachments
Attachment 1 - Streambed Alteration Agreement
Engineering
Ver. EPIMS 03/08/2022
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
INLAND DESERTS REGION
3602 INLAND EMPIRE BLVD, SUITE C-220
ONTARIO, CA 91764
STREAMBED ALTERATION AGREEMENT
EPIMS-RIV-43632-R6
Murrieta Creek
CITY OF LAKE ELSINORE
MURRIETA CREEK MULTI-USE TRAIL PROJECT
This Streambed Alteration Agreement (Agreement) is entered into between the
California Department of Fish and Wildlife (CDFW) and the City of Lake Elsinore
(Permittee) or as represented by Remon Habib.
RECITALS
WHEREAS, pursuant to Fish and Game Code section 1602, Permittee notified CDFW
on September 19, 2023 that Permittee intends to complete the project described herein.
WHEREAS, pursuant to Fish and Game Code section 1603, CDFW has determined
that the project could substantially adversely affect existing fish or wildlife resources and
has included measures in the Agreement necessary to protect those resources.
WHEREAS, Permittee has reviewed the Agreement and accepts its terms and
conditions, including the measures to protect fish and wildlife resources.
NOW THEREFORE, Permittee agrees to complete the project in accordance with the
Agreement.
PROJECT LOCATION
The Murrieta Creek Multi-Use Trail Project (Project) is located northeast of Grand
Avenue and northeast of Corydon Road, in the City of Lake Elsinore, County of
Riverside, State of California; Latitude 33.630132° N, Longitude -117.315142 ° W;
Township 6 South, Range 4 West, U.S. Geological Survey (USGS) map Lake Elsinore
(Exhibit 1). The Project is located within Assessor’s Parcel Numbers 371-100-020, 371-
100-003, 370-120-001, and 370-120-063.
PROJECT DESCRIPTION
The Project is limited to construction of a multi-use trail that will be a 10-foot-wide paved
trail within the Lake Elsinore Back Basin. Split rail fencing will be mounted on either side
of the trail with a 2-foot-wide decomposed granite (DG) or native landscape recovery
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zone between the fence and the asphalt path, for a total permanent impact width of 20
feet.
The proposed Project will also include a single Arizona crossing and a span bridge and
the replacement and extension of a pipe culvert to cross four existing ephemeral
drainage features that intercept the trail. The Arizona crossing will be located at the
northernmost corner of Como Street and Stoneman Street and will consist of a concrete
apron and rock splash pad within the planned permanent impact area to allow water to
pass while establishing a defined trail and eliminating long -term maintenance needs.
The approximately 55 feet long span bridge will be located at the terminus of Ontario
Way and will be constructed either as cast-in-place concrete abutments spanned by
hollow-core precast concrete planks, or an alternate clear span design such as open
bottom arch culverts. It will completely span the ephemeral feature, with no footings or
other material placed within the feature. It is anticipated that the crossings will require
the use of a backhoe and/or mini excavator for the cast -in-place concrete abutments,
and an articulated lift to hoist the hollow-core precast concrete planks into position.
Impacts from the installation of the crossings will be confined to the permanent and
temporary impact footprint. The existing culvert located at the eastern end of the trail will
be replaced and extended to accommodate the trail width.
The Project will require a total of approximately 2,765 cubic yards of asphalt (consisting
of 655 cubic yards (cy) of hot mix asphalt,1,850 cy of Class II aggregate base, and 260
cy of DG) imported to the site. Earthwork would include approximately 9,405 cy of cut
and 6,375 cy of fill, resulting in export of 8,363cy and import of 5,335 cy. Cut and fill
slopes would be a maximum 2:1 gradient.
Temporary steel plate bridges and/or other temporary clear span means required of the
contractor would be implemented during construction should any of the avoided
features need to be temporarily crossed during construction. Temporary construction
access will be provided via existing paved roadways, the Levee Trail, and within the
temporary impact area. Temporary construction staging areas will also be located onsite
within the mapped temporary impact area or off-site within the existing disturbed and
developed areas.
PROJECT IMPACTS
Existing fish or wildlife resources the project could substantially adversely affect include:
BIRDS: Bell’s sparrow (Artemisiospiza belli belli), burrowing owl (Athene cunicularia),
California horned lark (Eremophila alpestris actia), Cooper’s hawk (Accipiter cooperii),
least Bell’s vireo (Vireo bellii pusillus), southwestern willow flycatcher (Empidonax traillii
extimus), northern harrier (Circus hudsonius), coastal California gnatcatcher (Polioptila
californica californica), tricolored blackbird (Agelaius tricolor), southern California rufous-
crowned sparrow (Aimophila ruficeps canescens), western snowy plover (Charadrius
nivosus nivosus), white-faced ibis (Plegadis chihi), white-tailed kite (Elanus leucurus),
yellow-breasted chat (Icteria virens), and yellow warbler (Setophaga petechia);
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PLANTS: California Orcutt grass (Orcuttia californica), Coulter's goldfields (Lasthenia
glabrata ssp. coulteri), Hammitt's clay-cress (Sibaropsis hammittii), long-spined
spineflower (Chorizanthe polygonoides var. longispina), Munz’s onion (Allium munzii),
Parry's spineflower (Chorizanthe parryi var. parryi), San Diego ambrosia (Ambrosia
pumila), smooth tarplant (Centromadia pungens ssp. laevis), thread-leaved brodiaea
(Brodiaea filifolia), and Tecate cypress (Hesperocyparis forbesii).
MAMMALS: Stephen’s kangaroo rat (Dipodomys stephensi), San Diego black-tailed
jackrabbit (Lepus californicus bennettii), Los Angeles pocket mouse (Perognathus
longimembris brevinasus), northwest San Diego pocket mouse (Chaetodipus fallax
fallax), and southern grasshopper mouse (Onychomys torridus ramona);
AMPHIBIANS AND REPTILES: coast horned lizard (Phrynosoma coronatum blainvillii),
western spadefoot toad (Spea hammondii), California glossy snake (Arizona elegans
occidentalis), orange-throat whiptail (Aspidoscelis hyperythra), red-diamond rattlesnake
(Crotalus ruber), western pond turtle (Emys marmorata), and coastal whiptail
(Aspidoscelis tigris stejnegeri);
CRUSTACEANS: Riverside fairy shrimp (Streptocephalus woottoni);
INSECTS: Crotch’s bumble bee (Bombus crotchii), quino checkerspot butterfly
(Euphydryas editha quino), and senile tiger beetle (Cicindela senilis frosti).
The adverse effects the Project could have on the fish or wildlife resources identified
above include: change to, or loss or decline of natural bed substrate; disturbance from
Project activity; disturbance to, alteration of, and/or loss of: nesting, roosting, foraging,
and refugia habitat, and wildlife corridors; and reduction and loss of habitat covera ge,
composition, distribution, and cross-pollination/reproductive opportunity; changes in the
bed, bank, or channel. The Project will temporarily impact 2.63 acres and permanently
impact 1.34 acres associated with Murrieta Creek and the Lake Elsinore Back Basin.
The Project will impact a total of 3.97 acres of stream bed, bank, and channel, which
are the limits of the Project impacts authorized under this agreement.
Table 1: Project Impacts to Stream Bed, Bank, and Channel
Habitat Impacts (acres)*
Temporary Permanent Total
Riparian/Riverine
Riparian Woodland 0.20 0.08 0.28
Tamarisk Scrub (above 1,265) 0.01 0.01 0.02
Tamarisk Scrub (below 1,265 feet) 0.88 0.53 1.41
Non-native Woodland (below 1,265
feet) 0.35 0.15 0.50
Riversidean sage scrub (below 1,265
feet) 0 0 0
Disturbed/Ruderal (below 1,265 feet) 1.09 0.55 1.64
Riparian Subtotal 2.52 1.31 3.83
Riverine
Streambed 0.11 0.03 0.14
Riverine Subtotal 0.11 0.03 0.14
Total 2.63 1.34 3.97
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MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES
1. Administrative Measures
Permittee shall meet each administrative requirement described below.
1.1 Documentation at Project Site. Permittee shall make the Agreement, any
extensions and amendments to the Agreement, and all related notification
materials and California Environmental Quality Act (CEQA) documents, readily
available at the Project site at all times and shall be presented to CDFW personnel,
or personnel from another state, federal, or local agency upon request.
1.2 Providing Agreement to Persons at Project Site. Permittee shall provide copies of
the Agreement and any extensions and amendments to the Agreement to all
persons who will be working on the Project at the Project site on behalf of
Permittee, including but not limited to contractors, subcontractors, inspectors, and
monitors.
1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee
determines or learns that a provision in the Agreement might conflict with a
provision imposed on the Project by another local, state, or federal agency. In that
event, CDFW shall contact Permittee to resolve any conflict.
1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the Project
site at any time to verify compliance with the Agreement.
1.5 Compliance within Western Riverside County Multiple Species Habitat
Conservation Plan (MSCHP) and Take of Listed Species. Take of any California
Endangered Species Act (CESA)-listed species is prohibited except as authorized
by state law (Fish and Game Code, §§ 2080, 2085 & 2800). Consequently, if a
Project, including Project construction or any Project-related activity during the life
of the Project, results in take of CESA-listed species, CDFW recommends that the
Project proponent seek appropriate authorizatio n prior to Project implementation.
Additionally, the issuance of a draft or final Agreement does not infer that the
Project is consistent with the MSHCP or that the Project has demonstrated that it is
a Biologically Equivalent or Superior Preservation Alternative. If modifications to
the Project are necessary for MSHCP compliance, then a request for an
amendment to this Agreement will be required.
1.6 Take of Nesting Birds. Fish and Game Code section 3503 makes it unlawful to
take, possess, or needlessly destroy the nest or eggs of any bird, except as
otherwise provided by Fish and Game Code or any regulation made pursuant
thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess,
or destroy any birds in the orders Falconiformes or Strigiformes (birds -of-prey) to
take, possess, or destroy the nest or eggs of any such bird except as otherwise
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provided by Fish and Game Code or any regulation adopted pursuant thereto. Fish
and Game Code Section 3513 makes it unlawful to take or possess any migratory
nongame bird except as provided by the rules and regulations adopted by the
Secretary of the Interior under provisions of the Migratory Bird Treaty Act 1918, as
amended (16 U.S.C. § 703 et seq.). The issuance of this Agreement does not in
any way exempt or excuse compliance with these statutes.
1.7 Additional Project Impacts. Permittee shall submit to CDFW a request to amend
this Agreement if any additional impacts to Fish and Game Code section 1602
resources, or additional operations and maintenance activities not identified in this
Agreement are anticipated. No additional impacts to Fish and Game Code section
1602 resources are authorized unless the impacts and/or activities are expressly
authorized by CDFW by amendment to this Agreement.
1.8 Notify CDFW Prior to Work. Permittee shall notify CDFW by email at least five (5)
working days prior to initiation of Project activities. See contact information
below.
1.9 Reporting of Violations. Permittee shall report any violations of the Agreement,
whether committed by Permittee or any person acting on behalf of Permittee, to
the CDFW contact identified below within 48 hours of the violation occurring.
1.10 Dead or Injured Species. Permittee shall report any dead or injured CESA- or ESA-
listed threatened, endangered, or fully protected species, or species of special
concern found along roads or in Project areas to CDFW within 24 hours via email
according to contact information below. The Permittee shall report whether the
dead or injured species was found on site, or caused due to Project activities, the
location, cause of death, species found, and any other relevant information.
1.11 Compliance with other Agencies. The Agreement does not relieve the Permittee of
responsibilities for compliance with applicable federal, state, or local laws,
ordinances or grant conditions.
1.12 Work According to Plans. Final stamped engineered design plans shall be
submitted to CDFW a minimum of 30 days prior to start of Project activities,
for review by CDFW prior to Project start. The final plans shall be based on the
Project design plans submitted to CDFW in the notification package. If the
submitted Project plans differ substantially from the Project description, Permittee
shall provide CDFW a detailed, written description of the changes made. CDFW
may require an amendment to this Agreement or submission of a new notification
prior to starting the Project if the Project designs have changed from those
submitted in the Notification Package.
2. Avoidance and Minimization Measures
To avoid or minimize adverse impacts to fish and wildlife resources identified above,
Permittee shall implement each measure listed below.
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General Wildlife Protection and Prevention Measures
2.1. Designated Biologist(s) and Biological Monitor(s). Permittee shall submit to CDFW
for review and approval the names, qualifications, business addresses, and
contact information of any qualified biologists (Designated Biologist(s)) and
Biological Monitor(s) that will be utilized to conduct species/habitat surveys,
biological monitoring, or mitigation planning and implementation activities at least
30 days before initiating ground- or vegetation- disturbing activities. Permittee
shall specify the proposed responsibilities of each Designated Biologist(s) and/or
Biological Monitor(s) and provide clear evidence of knowledge, experience, and
capability of performing those proposed duties. Optional CDFW biologist resume
form available here: Lake and Streambed Alteration Program Resources.
2.1.1. A qualified Designated Biologist(s) is an individual who holds a bachelor’s
degree from an accredited university and 1) is knowledgeable in relevant
species’ life histories and ecology, 2) can correctly identify relevant
species, 3) has conducted field surveys for relevant species, 4) is familiar
with relevant survey protocols, and 5) is knowledgeable of state and federal
laws regarding the protection of sensitive species.
2.1.2. A Biological Monitor(s) is an individual who shall have academic and
professional experience in biological sciences and related resource
management activities as it pertains to this Project, experience with
construction-level biological monitoring, be able to recognize species that
may be present within the Project area and be familiar with the habitats and
behaviors of those species.
2.2. Responsibility of the Designated Biologist(s). The Designated Biologist(s) shall be
responsible for monitoring activities addressed by this Agreement, including, but not
limited to all activities that result in clearing, grading, drilling, and/or other ground -
disturbing activities. To ensure compliance with the measures of this Agreement, the
Designated Biologist(s) shall confirm and monitor the limits of Project activities
addressed by this Agreement.
2.3. Authority of Designated Biologist(s). To ensure compliance with the measures of this
Agreement, the Designated Biologist(s) shall have the authority to immediately halt
any activity that does not comply with this Agreement, order any reasonable
measure to avoid the violation of any measure o f this Agreement, and directly
contact CDFW for any reason. If the Designated Biologist(s) determines that the
Project may have an adverse effect on any special-status species (threatened,
endangered, candidate, species of special concern, etc.), they shall halt construction
and notify the appropriate agencies immediately. Unless authorized by CDFW, the
Designated Biologist(s) shall not have the authority to handle any special-status
species (threatened, endangered, candidate, species of special concern, etc.).
2.4. Authority of Biological Monitor(s). The Permittee or Designated Biologist shall
designate a person to monitor onsite compliance with all conditions of this
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Agreement. The Biological Monitor shall halt Project Activities to comply with the
terms of this Agreement and otherwise avoid impacts to species or habitats.
2.5. Delineate Work Area Boundary. In consultation with the Designated Biologist(s),
Permittee shall clearly delineate the outer perimeter of the work areas and access
routes with appropriate fencing, signage, and/or flagging to prevent damage to
adjacent habitats prior to start of Project activities. The delineation materials shall
be in place during all periods of operation and all persons employed or otherwise
working on the Project site shall be instructed about the restrictions. Permittee shall
ensure the delineation materials are monitored daily, and maintained, repaired, or
replaced immediately if the materials are damaged, lost, stolen, or become
ineffective in any way. The Designated Biologist(s) shall ensure the delineation
materials do not create a barrier to wildlife movement and will not pose a risk to
wildlife safety.
2.6. Environmentally Sensitive Areas. The Designated Biologist shall determine and
clearly delineate any necessary avoidance and/or buffer areas with appropriate
fencing, signage, and/or flagging. The delineation materials shall be visibly
discernable from the ‘standard work area boundary’ materials and all persons
employed or otherwise working on the Project site shall be instructed about the
restrictions associated with these environmentally sensitive areas. Permittee shall
ensure the delineation materials are monitored daily, and maintained, repaired, or
replaced immediately if the materials are damaged, lost, stolen, or become
ineffective in any way. The Designated Biologist(s) shall ensure the delineation
materials do not create a barrier to wildlife movemen t and will not pose a risk to
wildlife safety.
2.7. Wildlife Species. To avoid impact to any non-listed terrestrial wildlife species, a
Designated Biologist shall inspect the Project area prior to any Project activities. Any
individuals found shall not be harassed and shall be allowed to leave the Project
area unharmed. If needed, a Designated Biologist may guide, handle, or capture an
individual non-listed wildlife species to move it to a nearby safe location within
nearby refugium, or it shall be allowed to leave the Project site of its own volition.
Capture methods may include hand, dip net, lizard lasso, snake tongs and snake
hook. If the wildlife species is discovered or is caught in any pits, ditches, or other
types of excavations, the Designated Biologist shall release it into the most suitable
habitat nearby the site of capture.
2.8. Educational Program. Permittee shall conduct an education program (Education
Program) for all persons employed or otherwise working on the Project prior to
performing any work on site. The Education Program shall consist of a
presentation from a Designated Biologist(s) that includes a discussion of the biology
of the habitats and species identified in this Agreement and present at the Project
site. The Designated Biologist(s) shall also include as part of the Education Program
information about the distribution and habitat needs of any protected species that
may be present, legal protections for those species, penalties for violations and
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Project-specific protective measures included in this Agreement. Interpretation shall
be provided for non-English speaking workers, and the same instruction shall be
provided for any new workers prior to their performing work on site. The Permittee
shall prepare and distribute wallet-sized cards or a fact sheet that contains this
information for workers to carry on site. Upon completion of the Education Program,
employees shall sign a form stating they attended the Education Program and
understand all protection measures. These forms shall be filed at the worksite offices
and be available to CDFW upon request. The Education Program shall be repeated
annually for part of the Project extending more than one (1) year. Copies of the
Education Program’s materials shall be maintained at the Project site for workers to
reference as needed.
2.8.1. Invasive Species Education Program. Permittee shall include an invasive
species education program for all persons working on the Project prior to
the performing any work on site. The invasive species education
program shall consist of a presentation from a Designated Biologist(s) that
includes a discussion of the invasive species currently present within the
Project site as well as those that may pose a threat to or have the
potential to invade the Project site. The discussion shall include a physical
description of each species and information regarding their habitat
preferences, local and statewide distribution, modes of dispersal, and
impacts. The invasive species education program shall also include a
discussion of Best Management Practices (BMPs) to be implemented at
the Project site to avoid the introduction and spread of invasive species
into and out of the Project site.
2.9. Daily Clearance Survey. Before the start of daily Project activities, the Designated
Biologist or construction monitor should survey the Project area to ensure wildlife
incidentally trapped due to Project activities are allowed to escape.
2.9.1. Excavated Areas. At the end of each workday, Permittee shall, with the
oversight of the Designated Biologist(s) or a trained construction
management staff, secure any open trench or excavated area within the
Project area addressed by this Agreement such that animals are unable to
enter and become entrapped. The excavated areas must be secured
using appropriate site- and species-specific methods, such as, placing
plywood or other barrier materials over the excavated area, placing an
escape ramp of suitable material and at an angle no greater than 30
degrees at each end of the open trench/excavated area, or installing
temporary fencing around the perimeter of trenches or holes.
2.9.2. Check for Wildlife in Pipes/Construction Materials. Permittee shall visually
inspect all sections of pipe/construction materials for the presence of
wildlife sheltering within them prior to the pipe sections being placed in the
trench and attached together or shall have the ends capped while stored
on site to prevent wildlife from entering. After attaching the pipe sections
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to one another, whether in the trench or not, the exposed end(s) of the
pipeline shall be capped at the end of each day during construction to
prevent wildlife from entering and being trapped in the pipeline. All pipes,
hoses, or similar structures less than 12 inches in diameter shall be closed
or covered to prevent animal entry.
2.10. Lighting and Fencing Impacts. No lighting shall be allowed to impact Murrieta Creek,
its tributaries, or other avoided natural space areas. Lighting and fencing for
infrastructure adjacent to these areas shall be designed or reviewed by a qualified
biologist to allow wildlife to move within the streams and avoided natural areas
without hindrance.
Nesting Bird Protection
2.11. Nesting Birds. It is the Permittee’s responsibility to avoid impacts to nesting birds.
Permittee shall ensure that impacts to nesting birds are avoided through the
implementation of pre-construction surveys, ongoing monitoring, and if necessary,
establishment of minimization measures.
2.11.1. Designated Biologist(s). The Permittee shall designate a biologist
(Designated Biologist) with the following experience: identifying local and
migratory bird species; conducting bird surveys using appropriate survey
methodology (e.g., Ralph et al. 19931) and United States Fish and Wildlife
Service [USFWS] and/or CDFW-accepted species-specific survey protocols,
available here: https://wildlife.ca.gov/conservation/survey-protocols; nesting
surveying techniques, recognizing breeding and nesting behaviors, locating
nests and breeding territories, and identifying nesting stages and nest
success (e.g., Martin and Geupel 19932); determining/establishing
appropriate avoidance and minimization measures; and monitoring the
efficacy of implemented avoidance and minimization measures.
2.11.2. Pre-construction Surveys. Surveys shall be conducted by the Designated
Biologist at the appropriate time of day/night, during appropriate weather
conditions, within three (3) days prior to the initiation of Project
activities addressed by this Agreement. Surveys shall encompass all
suitable areas including trees, shrubs, bare ground, burrows, cavities, and
structures. Survey duration shall take into consideration the size of area
subject to this Agreement; density, and complexity of the habitat; number of
survey participants; survey techniques employed; and shall be sufficient to
ensure the data collected is complete and accurate. Pre-construction
surveys shall focus on both direct and indirect evidence of nesting, including
1 Ralph, C.J., G.R. Geupel, P. Pyle, T.E. Martin, and D.F. DeSanta. 1993. Handbook of field methods for monitoring land
birds. General Technical Report PSW-GTR 144. USDA Forest Service Pacific Southwest Research Station. Albany, CA.
2 Martin, T.E. and G.R. Geupel. 1993. Nest-monitoring plots: methods for locating nests and monitoring
success. Journal of Field Ornithology 64:507-514.
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nest locations and nesting behavior (e.g., copulation, carrying of food or nest
materials, nest building, removal of fecal sacks, flushing suddenly from
atypically close range, agitation, aggressive interactions, feigning injury or
distraction displays, or other behaviors). If a nest is suspected, but not
confirmed, the Designated Biologist shall establish a disturbance-free buffer
until additional surveys can be completed, or until the location can be
inferred based on observations. The Designated Biologist shall not risk
failure of the nest to determine the exact location or status and will make
every effort to limit the nest to potential predation as a result of the
survey/monitoring efforts (e.g., limit number of surveyors, limit time spent
at/near the nest, scan the site for potential nest predators before
approaching, immediately depart nest area if indicators of stress or agitation
are displayed). If a nest is observed, but thought to be inactive, the
Designated Biologist shall monitor the nest for one hour (four hours for
raptors during the non-breeding season) prior to approaching the nest to
determine status. The Designated Biologist shall use their best professional
judgement regarding the monitoring period and whether approaching the
nest is appropriate. Results of pre-construction surveys shall be provided to
CDFW at least one business day prior to commencement of Project
activities, as identified in Measure 4.4. Results of ongoing monitoring
surveys shall be provided to CDFW upon request.
2.11.3. Buffers. When an active nest is confirmed, the Designated Biologist shall
immediately establish a conservative buffer surrounding the nest based on
their best professional judgement and experience. The buffer shall be
delineated to ensure that its location is known by all persons working within
the vicinity but shall not be marked in such a manner that it attracts
predators. Once the buffer is established, the Designated Biologist shall
document baseline behavior, stage of reproduction, and existing site
conditions, including vertical and horizontal distances from proposed work
areas, visual or acoustic barriers, and existing level of disturbance. The
Designated Biologist shall monitor the nest at the onset of Project activities
addressed by this Agreement, and at the onset of any changes in Project
activities (e.g., increase in number or type of equipment, change in
equipment usage, etc.) to determine the efficacy of the buffer. If the
Designated Biologist determines that Project activities may be causing an
adverse reaction, the Designated Biologist shall adjust the buffer
accordingly.
2.11.4. Ongoing Monitoring. The Designated Biologist shall be onsite daily to
monitor all existing nests, the efficacy of established buffers, and to
document any new nesting occurrences. The Designated Biologist shall
document the status of all existing nests, including the stage of reproduction
and the expected fledge date. If a nest is suspected to have been
abandoned or failed, the Designated Biologist shall monitor the nest for a
minimum of one hour (four hours for raptors), uninterrupted, during favorable
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field conditions. If no activity is observed during that time, the Designated
Biologist may approach the nest to assess the status.
2.11.5. Securing Site. The Permittee, under the direction of the Designated
Biologist, may also take steps to discourage nesting on the Project site,
including moving equipment and materials daily, covering material with tarps
or fabric, and securing all open pipes and construction materials. The
Designated Biologist shall ensure that none of the deterrent materials pose
an entanglement risk to birds or other species. The Designated Biologist
shall include a detailed account of any steps taken to discourage nesting
within the Project site in the summary reports.
2.11.6. Reporting. The Designated Biologist shall be responsible for providing
summary reports, as specified in Measure 4.5, where relevant, to CDFW no
less than once weekly regarding the nesting species identified onsite,
discovery of any of new nests, the status/outcome of any previously
identified nest, buffer distances established for each nest, and any
adjustments made to established buffers. If Project activities result in the
abandonment of, or damage to a nest, Permittee shall notify CDFW within
24 hours of detection.
Least Bell’s Vireo
2.12. Least Bell’s Vireo. The Permittee shall not conduct ANY Project activities,
including ground disturbance or vegetation removal activities, within 1,000 linear
feet of least Bell’s vireo nesting habitat if nesting birds are present. Focused
surveys following USFWS protocol for least Bell’s vireo shall be conduct ed to
establish presence of nesting birds. The physical extent of the survey area shall
include all areas within 500 feet of Project disturbance. Survey results shall be
submitted in writing to CDFW for review. Nesting status will be determined by a
Designated Biologist (see Measure 2.13.1 above) with expertise with the species
in question, utilizing USFWS survey protocols and CDFW review of the nest
monitoring data.
2.12.1. Survey protocol for least Bell’s vireo can be found at:
https://www.fws.gov/media/survey-guidelines-least-bells-vireo.
2.12.2. If least Bell’s vireo, or other listed bird species, are present within 500 feet
of Project disturbance, the following avoidance measures shall be
implemented:
2.12.2.1. No ground disturbance or vegetation removal activities shall take
place until the young have fledged, or the nest has been determined
to have failed.
2.12.2.2. If construction must take place within the buffer, a qualified
acoustician shall monitor noise as construction approaches the edge
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of the occupied vireo habitat as directed by the permitted biologist.
If the noise meets or exceeds the 60 dB(A) Leq threshold, or if the
biologist determines that construction activities are disturbing
nesting activities, the biologist shall have the authority to halt
construction and shall consult with CDFW to devise methods to
reduce the noise and/or disturbance. This may include methods
such as, but not limited to, turning off vehicle engines and other
equipment whenever possible to reduce noise, inst alling a protective
noise barrier between the nesting birds and the activities, and
working in other areas until the young have fledged. The CDFW -
approved biologist shall monitor the nest daily until activities are no
longer within 500 feet of the nest, or the fledglings become
independent of their nest, or the nest has failed .
2.12.3. If least Bell’s Vireo is present during Project activities, Permittee shall be
responsible for addressing all potential impacts by obtaining the appropriate
CESA authorization prior to the initiation of Project activities. If pile driving
activities within the Lake Elsinore Back Basin or Murrieta Creek are
required, the activities shall occur outside of the breeding season to the
greatest extent feasible. If pile driving activities occur during nesting season,
the following measures shall be implemented:
2.12.3.1. The Permittee shall sponsor placement of two cowbird traps for
each nesting season that pile driving activities occur. This measure
is meant to improve the productivity of least Bell’s vireo during
nesting season, to compensate for the potential temporary loss in
reproductive output for any pile driving-related noise effects during
nesting season.
2.12.3.2. Throughout the duration that pile driving activities occur during the
least Bell’s vireo nesting season, a Biological Monitor shall conduct
daily site visits to document how pile driving activities affect nesting
least Bell’s vireo. The purpose of this monitoring is to gather
information related to least Bell’s vireo activity during pile driving
activities to inform future decisions regarding noise minimization.
Coordination with the CDFW and USFWS will be conducted prior to
monitoring to discuss the information to be collected.
Burrowing Owl Protection
2.13. Burrowing Owl. Permittee shall ensure that impacts to burrowing owls are
avoided through the implementation of pre-construction surveys, ongoing
monitoring, and if necessary, establishment of minimization and mitigation
measures.
2.13.1. Burrowing Owl Habitat Assessment. Prior to the initiation of Project
activities, Permittee shall conduct a burrowing owl habitat assessment
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consistent with the 2006 Burrowing Owl Survey Instructions3. A habitat
assessment shall be conducted by Designated Biologist(s) knowledgeable
of burrowing owl sign, habitat, ecology, and field identification of the
species, during appropriate weather conditions, at least thirty (30)
calendar days prior to the initiation of Project activities. The assessment
shall consist of walking the Project site to identify the presence of
burrowing owl habitat 4. If habitat is found on the Project site, then walk a
150-meter (approximately 500 feet) buffer zone around the Project
boundary, if permission to access the buffer area has been obtained. If
access permission cannot be obtained, visually inspect the adja cent
habitat areas with binoculars or spotting scopes. Survey duration shall
take into consideration the size of the property; density, and complexity of
the habitat; number of survey participants; survey techniques employed;
and shall be sufficient to ensure the data collected is complete and
accurate. A report summarizing the results of the habitat assessment shall
be submitted to CDFW within 10 days of survey completion, as described
in Measure 4.2.
2.13.2. Focused Survey for Burrowing Owls. If the burrowing owl habitat
assessment identifies burrowing owl habitat onsite, Permittee shall have a
qualified Designated biologist, pre-approved by CDFW, perform a survey
for burrowing owls between 30 and 60 days prior to any Project impacts.
If the Project site is in within the Western Riverside County Multiple
Species Habitat Conservation Plan (MSHCP) Burrowing Owl Survey Area,
the following is required. A minimum of one site visit must occur, but
additional visits may be warranted depending on the results of the first site
visit. Surveys conducted during the breeding season March 1 - August 31
are required to describe if, when, and how the site is used by burrowing
owls. All surveys shall be conducted as described in Parts A and B below.
Surveys shall be conducted during weather that is conducive to observing
owls outside their burrows and detecting burrowing owl sign. Surveys will
not be accepted if they are conducted during rain, high winds (> 20 mph),
dense fog, or temperatures over 90 °F. Part B surveys shall be conducted
3 Western Riverside County Multiple Species Habitat Conservation Plan (RCA). 2006. Burrowing Owl
Survey Instructions for the Western Riverside Multiple Species Habitat Conservation Plan Area.
Available for download at: https://www.wrc-
rca.org/species/survey_protocols/burrowing_owl_survey_instructions.pdf
4 Burrowing owls use a variety of natural and modified habitats for nesting and foraging that is typically
characterized by low-growing vegetation. Burrowing owl habitat includes but is not limited to, short or
sparse vegetation (at least at some time of year), presence of burrows, burrow surrogates or presence
of fossorial mammal dens, well-drained soils, and abundant and available prey. Vegetation and
features may include native and non-native grassland, interstitial grassland with shrub lands, shrub
lands with low density shrub cover, golf courses, drainage ditches, earthen berms, unpaved airfields,
pastureland, dairies, fallow fields, and agricultural use areas . Burrowing owls typically use burrows
made from fossorial (adapted for burrowing or digging) mammals such as ground squirrels or badgers,
and often manmade structures such as earthen berms; cement culverts; cement, asphalt, rock, or wood
debris piles; or openings beneath cement or asphalt pavement
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in the morning one hour before sunrise to two hours after sunrise or in the
early evening two hours before sunset to one hour after sunset. Count and
map all burrowing owl sightings, occupied burrows, and burrows with owl
sign. Record the location of all owls including numbers of pairs and
juveniles and any behavior such as courtship and mating. Map the extent
of all suitable habitat. Owl signs may not be detectable if surveys under
Part A are conducted within 5 days following rain. Absence of burrowing
owl sign cannot be used to confirm absence of the species if the focused
burrow survey (Part A) is conducted within 5 days of rain; therefore, in this
instance, completion of all four focused burrowing owl surveys (Part B) is
required.
Part A: Focused Burrow Surveys
A focused burrow survey that includes natural burrows or suitable man-
made structures needs to be conducted as described below.
1. A systematic survey for burrows including burrowing owl sign shall be
conducted by walking through suitable habitat over the entire survey
area (i.e., the Project site and within 150 meters). Pedestrian survey
transects need to be spaced to allow 100% visual coverage of the
ground surface. The distance between transect center lines should be
no more than 30 meters (approximately 100 ft.) and should be reduced
to account for differences in terrain, vegetation density, and ground
surface visibility. To efficiently survey Projects larger than 100 acres, it
is recommended that two or more qualified surveyors conduct
concurrent surveys.
2. The location of all suitable burrowing owl habitat, potential owl
burrows, burrowing owl signs, and any owls observed shall be
recorded and mapped, including GPS coordinates. If the survey area
contains natural or man-made structures that could potentially support
burrowing owls, or owls are observed during the burrow surveys, the
systematic surveys shall continue as described in Part B. If no potential
burrows are detected, no further surveys are required. A written report
including photographs of the Project site, location of burrowing owl
habitat surveyed, location of transects, and burrow survey methods
shall be prepared as described in Measure 2.15.1.
Part B: Focused Burrowing Owl Surveys
Focused Burrowing Owl Surveys shall consist of site visits on four
separate days at least one week apart. The first one may be conducted
concurrent with the Focused Burrow Survey.
1. Upon arrival at the survey area and prior to initiating the walking
surveys, surveyors using binoculars or spotting scopes shall scan all
suitable habitat, location of mapped burrows, owl sign, and owls,
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including perch locations to ascertain owl presence. This is particularly
important if access has not been granted for adjacent areas with
suitable habitat.
2. A survey for owls and owl sign shall then be conducted by walking
through suitable habitat over the entire Project site and within the
adjacent 150 m (approx. 500 feet), if permission to access the buffer
area has been obtained. These “pedestrian surveys” should be spaced
to allow 100% visual coverage of the ground surface. The distance
between transect center lines should be no more than 30 meters
(approx. 100 feet.) and should be reduced to account for differences in
terrain, vegetation density, and ground surface visibility. To efficiently
survey projects larger than 100 acres, it is recommended that two or
more qualified surveyors conduct concurrent surveys. It is important to
minimize disturbance near occupied burrows during all seasons.
3. If access is not obtained, then the area adjacent to the Project site
shall also be surveyed using binoculars or spotting scopes to
determine if owls are present in areas adjacent to Project site. This
150-meter buffer zone is included to fully characterize the population. If
the site is determined not to be occupied, no further surveys are
required except as described below.
2.13.3. Burrowing Owl Pre-Construction Inspection. If burrows or suitable
burrowing owl habitat is found onsite, Permittee shall have a qualified
biologist, pre-approved by CDFW, inspect all burrows that exhibit typical
characteristics of owl activity within three (3) days prior to any ground
disturbing or site-preparation activities. Evidence of owl activity may
include presence of owls themselves, burrows, and owl signs at burrow
entrances such as pellets, whitewash or other “ornamentation,” feathers,
prey remains, etc. If owl presence is difficult to determine, Permittee shall
monitor the burrows with motion-activated trail cameras for at least 24
hours to evaluate burrow occupancy. If it is evident that the burrows are
actively being used, Permittee shall not commence activities until no sign
is present that the burrows are being used by adult or juvenile owls or
following CDFW approval of a Burrowing Owl Plan as described in
Measure 2.15.6. CDFW shall be notified in writing of detection of active
burrows within three (3) days.
2.13.4. Burrowing Owl Survey Results. Permittee shall submit the survey
methodology and results within ten days of survey completion and at
least twenty-one days prior to commencement of Project activities
addressed by this Agreement to CDFW Inland Deserts Region at the
address below under Contact Information. Results shall discuss the
survey methodology, transect width, duration, conditions, and results of
the survey. Appropriate maps showing burrow locations shall be included.
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If the report indicates further surveys are not required, then the report
should state the reason(s) why further focused burrowing owl surveys are
not necessary.
2.13.5. Burrowing Owls Observed During Construction. If burrowing owls are
observed within Project Site(s) during Project implementation and
construction, Permittee shall notify CDFW immediately in writing at the
address below under Contact Information (reference SAA# EPIMS -RIV-
43632-R6). Further, Permittee shall be responsible for implementing
appropriate avoidance and mitigation measures, including burrow
avoidance, passive or active relocation, or other appropriate mitigation
measures as identified in the Burrowing Owl Plan (Measure 2.15.6).
2.13.6. Burrowing Owl Plan. If burrowing owls are detected on the Project site, the
Permittee shall prepare a Burrowing Owl Plan that shall be submitted to
CDFW for review and approval at least 30 days prior to initiation of
Project activities. If burrowing owls are detected after Project activities
have been initiated, a Burrowing Owl Plan shall be submitted to CDFW for
review and approval within two weeks of detection and no Project activity
shall continue within 300 -1000 feet dependent upon burrowing owl nesting
status and location. The Burrowing Owl Plan shall describe proposed
avoidance, relocation, monitoring, minimization, and/or mitigation actions.
If the site is within an MSHCP Criteria Area, then at least 90 percent of the
area with long-term conservation value shall be included in the MSHCP
Conservation Area. If the Project site (including adjacent areas) supports
three or more pairs of burrowing owls and supports greater than 35 acres
of suitable habitat and is non-contiguous with MSHCP Conservation Area
lands, at least 90 percent of the area with long-term conservation value
and burrowing owl pairs shall be conserved onsite. The Burrowing Owl
Plan shall include the number and location of occupied burrow sites and
details on proposed buffers if avoiding the burrowing owls or information
on the adjacent or nearby suitable habitat available to owls for relocation.
If no suitable habitat is available nearby for relocation, details regarding
the creation and funding of artificial burrows (numbers, location, and type
of burrows) and management activities for relocated owls shall also be
included in the Burrowing Owl Plan. The Permittee shall implement the
Burrowing Owl Plan following CDFW review and approval.
Crotch’s Bumble Bee
2.14. Crotch’s Bumble Bee – Habitat Mapping. No less than 120 days prior to the
initiation of activities addressed by this Agreement, Permittee shall complete and
submit to CDFW for review and comment a baseline habitat mapping report
encompassing Fish and Game Code section 1602 resources (including channel
side slopes) identified under this Agreement. Mapping will identify habitat
alliances following Sawyer et al. (2009[1]) and the report will identify species
composition for each mapped alliance. Results of the habitat mapping effort
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shall be submitted to CDFW as specified in Measure 4.5.
2.15. Crotch’s Bumble Bee – Surveys. If habitat mapping completed pursuant to
Measure 2.16 identifies the presence of plants (e.g., genera Antirrhinum,
Phacelia, Clarkia, Cordylanthus, Dendromecon, Eschscholzia, Eriogonum,
Hypericum, Lantana, Lupinus, Salvia, Asclepias, Cirsium, Monardella, Keckiella,
Acmispon, Euthamia, Ehrendorferia, Vicia, and/or Trichostema) or other suitable
habitat, Permittee shall:
2.15.1. Retain an appropriately qualified biologist to prepare a draft survey plan,
and conduct surveys for Crotch’s bumble bee. The name and
qualifications of the proposed biologist shall be submitted to CDFW
for review and comment prior to preparation of the draft survey plan
(Measure 2.15.2) or commencement of surveys (Measure 2.15.3). The
qualifications shall clearly identify direct experience conducting surveys for
and identification of Crotch’s bumble bee.
2.15.2.No Less than 90 days prior to initiation of Project activities addressed
by this Agreement, the qualified biologist identified in Measure 2.15.1 shall
prepare and submit to CDFW for review and comment a draft survey plan
for Crotch’s bumble bee. Survey methodology shall generally follow the U.S.
Fish and Wildlife Service protocol for the Rusty Patched bumble bee
(USFWS 2019[2]). Crotch’s bumble bee are typically active between March
and September, with peak activity coinciding with peak forage blooming
periods. CDFW recommends the completion of multiple surveys, coinciding
with the peak blooming periods of the plant genera listed in Measure 2.15.
The survey plan will identify the timing, number, and duration of survey
efforts, and procedures to follow should Crotch’s bumble bee be detected
within the Project area. The survey plan shall be submitted to CDFW as
described in Measure 4.6.
2.15.3.The qualified biologist identified in Measure 2.15.1 shall complete surveys
for Crotch’s bumble bee, following the CDFW-reviewed survey plan
identified in Measure 2.15.2. Following completion of surveys, and no less
than 30 days prior to initiation of Project activities addressed by this
Agreement, survey results shall be submitted to CDFW for review and
comment as described in Measure 4.7. Survey results will describe the
number and timing of surveys, and results of survey efforts. If Crotch’s
bumble bee are detected during surveys, Project activities shall NOT
occur in any occupied habitat areas and the qualified biologist
identified in Measure 2.15.1 shall immediately notify CDFW via the email
addresses and phone number listed below under Contact Information.
2.15.4. Permittee shall conduct flight/forage and nest search surveys for the
species in the following manner:
2.15.4.1. Surveys shall be conducted during the appropriate season,
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between February 1 and October 31.
2.15.4.2. Work sites containing any one or more of the following habitat
requisites shall be surveyed: flowering vegetation, any potential
preferred nectar plants, small mammal burrows, bunch grasses,
thatch, brush piles, old bird nests, dead trees.
2.15.4.3. During the flight survey effort, if bumble bees are observed using
any animal burrow entrances, the approved qualified biologist will
block/cover any burrow entrance with a sandbag/jar/vial (or similar)
of appropriate size and return in 30 minutes to determine if the
bees are potential Crotch’s bumble bee and if a potential nest
could be present. If bumble bees are observed using bunch
grasses, thatched annual grasses, brush piles, old bird nests,
dead trees, or hollowed logs, the resource area will be flag ged and
monitored by the approved qualified biologist for 15 minutes to
determine if a potential nest could be present.
2.15.5. To reduce potential impacts to Crotch’s bumble bee to the greatest extent
feasible the following measures shall be included in the Crotch’s bumble
bee survey plan:
2.15.5.1. If during vegetation removal and ground clearing activities an
overwintering or dead Crotch’s bumble bee is observed, activities
shall immediately stop and a 100 ft Environmentally Sensitive Area
boundary will be erected. A Crotch’s bumble bee approved
qualified biologist will be notified and will evaluate the site. CDFW
will be immediately notified thereafter for consultation.
Best Management Practices
2.16. Best Management Practices. Permittee shall actively implement BMPs to
prevent erosion and the discharge of sediment and pollutants during Project
activities. BMPs shall be monitored and repaired if necessary to ensure
maximum erosion, sediment, and pollution control. Permittee shall prohibit the
use of erosion control materials potentially harmful to fish and wildlife species,
such as mono-filament netting (erosion control matting) or similar material. All
fiber rolls, straw wattles, and/or hay bales utilized within and adjacent to the
Project site shall be free of non- native plant materials. Fiber rolls or erosion
control mesh shall be made of loose- weave mesh that is not fused at the
intersections of the weave, such as jute, or coconut (coir) fiber, or other products
without welded weaves. Non-welded weaves reduce entanglement risks to
wildlife by allowing animals to push through the weave, which expands when
spread. Permittee shall ensure BMPs do not pose a barrier to wildlife movement
and shall be installed to allow for the safe passage of wildlife movement,
particularly of less vagile species (such as small mammals and reptiles), out of
the Project area. Long, continuous lengths of silt-fencing or other BMP materials
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installed without gaps can create a barrier to wildlife movement, trapping wildlife
within the Project area. Areas of safe passage can be easily accommodated by
leaving small gaps between parallel and overlapping lengths of BMPs.
2.17. If work is performed within the stream channel during the winter storm period,
the Permittee shall monitor the five (5) day weather forecast. If it is forecasted
for any precipitation, work activities shall involve the securing of the site, so as
no materials may enter or be washed into the stream. The site shall be
completely secured one (1) day prior to precipitation, unless prior written
approval has been provided by CDFW. During period of precipitation, no
construction activities may occur; activities involving the preventing of materials
from entering the stream or being washed downstream may be conducted.
Equipment and Vehicles
2.18. Equipment and Vehicles. Any equipment or vehicles driven and/or operated
within or adjacent to the stream/lake shall be checked and maintained daily, to
prevent leaks of materials that if introduced to water could be deleterious to
aquatic life.
2.19. Stationary Equipment. Stationary equipment such as motors, pumps,
generators, and welders, located within or adjacent to the stream/lake shall be
positioned over drip pans. Stationary heavy equipment shall have suitable
containment to handle a catastrophic spill/leak. Clean up equipment such as
extra booms, absorbent pads, skimmers, shall be on site prior to the start of
construction.
2.20. Staging and Storage Areas. Staging/storage areas for equipment and materials
shall be located outside of the stream/lake. Any materials placed in seasonally
dry portions of a stream or lake that could be washed downstream or could be
deleterious to aquatic life shall be removed from the Project site prior to
inundation by high flows.
2.21. Equipment Maintenance. No equipment maintenance shall be done within or
near any stream, channel, or lake margin where petroleum products or other
pollutants from the equipment may enter these areas under any flow.
Trash and Pollution Measures
2.22. Trash Abatement and Refuse Removal. Permittee shall ensure that trash and
food items are contained in animal-proof containers and removed at the end of
each work day to avoid attracting opportunistic predators such as ravens,
coyotes, and feral dogs. Upon completion of Project activities within each Project
location, Permittee shall remove and properly dispose of all construction refuse,
including, but not limited to, broken equipment parts, wrapping material, cords,
cables, wire, rope, strapping, twine, buckets, metal or plastic containers, and
boxes.
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2.23. Pollution and Litter. Permittee shall comply with all litter and pollution laws. All
contractors, subcontractors, and employees shall also obey these laws and it
shall be the responsibility of Permittee to ensure compliance.
2.23.1. Spoil sites shall not be located within a lake, streambed, or flowing stream or
locations that may be subjected to high storm flows, where spoil may be
washed back into a lake, streambed, or flowing stream where it may impact
streambed habitat and aquatic or riparian vegetation.
2.23.2. No broken concrete, cement, debris, soil, silt, sand, bark, slash, sawdust,
rubbish, or washings thereof, oil or petroleum products, or other organic or
earthen material from any construction or associated activity of whatever
nature shall be allowed to enter into or be placed where it may be washed
by rainfall or runoff into waters of the State. When operations are completed,
any excess materials or debris shall be removed from the work area. No
rubbish shall be deposited within 150 feet of the high water mark of any
lake, streambed, or flowing stream.
2.23.3. No equipment maintenance shall be done within or near any lake,
streambed, or flowing stream where petroleum products or other pollutants
from the equipment may enter these areas under any flow.
2.26 Turbidity and Siltation. All equipment that enters the streambed or habitat
associated with the stream shall be clean and dry. Upon CDFW determination
that turbidity/siltation levels resulting from Project-related activities constitute a
threat to aquatic life, activities associated with the turbidity/siltation shall be
halted until effective CDFW approved control devices are installed, or abatement
procedures are initiated.
2.27 Spill Containment. All activities performed in or near a stream shall have
absorbent materials designated for spill containment and cleanup activities onsite
for use in an accidental spill. If a spill occurs the Permittee shall immediately
notify the California Emergency Management Agency at 1-800-852-7550 and
immediately initiate the cleanup activities. CDFW shall also be notified within 24
hours by the Permittee and consulted regarding clean-up procedures.
2.28 Disposal of Vegetation. Following any vegetation clearing/removal activities,
Permittee shall immediately chip woody debris to pieces 1 -inch in diameter or
less and dispose of the materials using one of the following methods: a) solarize
with clear tarp, b) compost at a commercial facility, c) burn at a biogeneration
facility, or d) send to a landfill (can be utilized as Alternative Daily Coverage).
Plant material infested with polyphagous shot hole borer will follow handling
procedures found at http://eskalenlab.ucr.edu/handouts/decisionmaking.pdf .
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Invasive Species
2.29 Prohibited Plant Species. Permittee shall not plant, seed or otherwise introduce
invasive exotic plant species. Prohibited exotic plant species include those
identified in the California Exotic Pest Plant Council's database, which is
accessible at: https://www.cal-ipc.org/plants/inventory/.
2.30 Nonnative Plant Species. CDFW recommends the use of native plants to the
greatest extent feasible in the landscaped areas near streams, open
space/natural areas, and mitigation sites. Permittee shall not plant, seed, or
otherwise introduce invasive nonnative plant species to the landscaped areas
adjacent to and/or near streams, open space/natural areas, water
quality/detention basins, or mitigation sites (minimum 150 meter setback).
Invasive nonnative plant species not to be used include those species li sted on
the “California Invasive Plant Inventory, February 2006” and the “February 2007
Inventory Update”, (which are updates to Lists A & B of the California Exotic Pest
Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in
California as of October 1999"). This list includes: pepper trees, pampas grass,
fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven,
periwinkle, bush lupine, sweet alyssum, English ivy, French broom, Scotch broom,
Spanish broom, and pepperweed. A copy of the complete list can be obtained by
contacting the California Invasive Plant Council by phone at (510) 843 -3902, at
their website at www.cal-ipc.org, or by email at info@cal-ipc.org.
2.31 Clean Equipment Prior to Entering Area Regulated by Agreement . All equipment
shall be free of materials deleterious to aquatic life including noxious and
nuisance weeds, aquatic invasive species, oil, grease, hydraulic fluid, soil and
other debris. The Permittee shall follow equipment washing guidelines (see
Measures 2.31.1 to 2.31.6 below) The certification of clean equipment shall be
completed by the Permittee for all equipment prior to initially entering areas
regulated by this Agreement.
2.31.1 Clean Equipment Prior to Entering Stream. Prior to working within the
stream, all equipment shall be closely examined for oil and fuel
discharges. Any contaminants shall be cleaned prior to any work within a
streambed and shall be maintained daily. In addition, equipment shall be
cleaned daily to ensure non-natives are not introduced into mitigation
areas, or spread throughout Project sites.
2.31.2 Inspection of Project Equipment. Permittee shall inspect all vehicles, tools,
waders and boots, and other Project-related equipment and remove all
visible soil/mud, plant materials, and animal remnants prior to initially
entering areas regulated by this Agreement.
2.31.3 Decontamination of Project Equipment. Permittee shall decontaminate all
tools, waders and boots, vehicles, trailers, and other equipment that will
be used in areas regulated by this Agreement and make contact with
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water or wetted soils prior to initially entering and upon reentering with
verification that subsequent decontamination is required with the following
specific guidance: Permittee shall decontaminate Project gear and
equipment utilizing one of three methods: drying, using a hot water soak,
or freezing, as appropriate to the type of gear or equipment. For all
methods, Permittee shall begin the decontamination process by
thoroughly scrubbing equipment, paying close attention to hard to reach
areas and clean areas with a stiff-bristled brush to remove all plant, seeds,
soil, and other organisms. To decontaminate by drying, Permittee shall
allow equipment to dry thoroughly (i.e., until there is a complete absence
of water and all plant, seeds, and soil), preferably in the sun, for a
minimum of 48 hours. To decontaminate using a hot water soak,
Permittee shall immerse equipment in 140°F or hotter water and soak for
a minimum of 5 minutes. To decontaminate by freezing, Permittee shall
place equipment in a freezer 32°F or colder for a minimum of 8 hours.
Repeat decontamination is required only if the equipment/clothing is
removed from the site, used in contact with water or wet soil within a
different watershed, and returned to the Project site.
2.31.4 Decontamination of Vehicles and Equipment. Permittee shall
decontaminate vehicles and other Project-related equipment too large to
immerse in a hot water bath by pressure washing with hot water a
minimum of 140°F at the point of contact or 155°F at the nozzle.
Additionally, Permittee shall flush watercraft engines and all areas that
could contain standing water (e.g., storage compartments) for a minimum
of 10 minutes. Following the hot water wash, Permittee shall dry all
vehicles, watercraft, and other large equipment as thoroughly as possible.
Repeat decontamination is required only if vehicles and/or equipment is
removed from the site and used in contact with water or wet soil within a
different watershed and returned to the Project site.
2.31.5 Decontamination Sites. Permittee shall perform decontamination of
vehicles, watercraft, and other Project gear and equipment in a designated
location where runoff can be contained and not allowed to pass into any
river, lake, or stream and associated riparian areas and other sensitive
habitat areas. Cleaning of equipment may occur at a location that contains
and recycles resulting wastewater.
2.31.6 Other Project Equipment. Permittee or designee shall require operators of
equipment to re-certify equipment upon reentry to areas regulated by this
Agreement. Permittee shall require operators of equipment subject to
recertification that are reentering after contact with water and/or wet soil
from a stream or lake in areas outside those regulated under this
Agreement to follow equipment washing guidelines (see measures
above).
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2.32 Notification of Invasive Species. Permittee shall notify CDFW immediately if an
invasive species not previously known to occur within the Project site is
discovered during Project activities by submitting a completed Suspect Invasive
Species Report (available online at:
https://wildlife.ca.gov/Conservation/Invasives/Report) and photos to the Invasive
Species Program by email at: invasives@wildlife.ca.gov. Notification may also be
provided by calling (866) 440- 9530. Upon receiving notification, CDFW will
provide Permittee with guidance for further action as appropriate to the species.
Downstream Flow
2.33 Maintain Historic Downstream Flows. Permittee shall design all flow conveyance
structures to maintain downstream timing and volume of flows to Murrieta Creek
and the Lake Elsinore Back Basin to historic flow patterns. Permittee shall ensure
turbidity, siltation, or pollution is not increased to downstream reaches. Flows to
downstream reaches shall be provided during all times that the natural flow would
have occurred. Normal flow shall be restored to the affected stream immediately
upon completion of work at that location. Permittee shall monitor downstream
conditions to ensure historic flow patterns are maintained.
Work Design
2.34 Work According to Plans. Final stamped engineered design plans shall be
submitted to CDFW a minimum of 30 days prior to start of Project activities,
for review by CDFW prior to Project start. The final plans shall be based on the
Project design plans submitted to CDFW in the notification package. If the
submitted Project plans differ substantially from the Project description, CDFW
may require an amendment to this Agreement or submission of a new notification
prior to starting the Project.
3. Compensatory Measures
To compensate for the temporary impacts to 2.63 acres and permanent impacts to 1.34
acres of stream bed, bank, and channel identified above, the Permittee shall provide for
mitigation for temporary impacts through Measure 3.1 and permanent impacts through
Measure 3.2.1 AND one of the options listed under Measure 3.2 and each measure
thereafter:
3.1 Onsite Temporary Restoration. To compensate for temporary impacts to 2.63
acres of fish and wildlife resources subject to Fish and Game Code section 1600
et seq., Permittee shall restore no less than 2.63 acres of in-kind streambed and
associated habitat (Onsite Temporary Restoration Area) immediately following
the completion of Project activities.
3.1.1 Habitat Mitigation and Monitoring Plan (HMMP). No less than 30
days prior to the initiation of Project activities, the Permittee
shall develop a Habitat Mitigation and Monitoring Plan (HMMP),
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prepared by a biologist familiar with restoration of native plants.
The HMMP shall include and is not limited to 1) plantings of both
overstory and understory vegetation, 2) a list of tree species being
removed from the Project site, 3) impacted areas shall be
returned to original contours, 4) a hydroseed mix appropriate to
wetland and riparian vegetation within the Project area, consisting
entirely of seeds of native species. Permittee shall monitor the
Onsite Temporary Restoration Areas for a minimum of 5 years
until the success criteria within the HMMP is met (Measure
3.1.1.7). The HMMP shall also include a description of seed
and/or plant numbers, container sizes, and planting location, by
species; the proposed monitoring activities (e.g., locations,
techniques, scheduling); success criteria; maintenance operations
with particular emphasis on watering methods and schedules; and
any/all other references to revegetation and restoration activities
specified by this Agreement. A primary monitoring survey shall be
conducted in Spring and Fall, and an annual quantitative survey
(Annual Monitoring Report) shall be performed to determine the
success of restoration efforts (survival, cover, and growth of
plants).
3.1.1.1 Habitat Restoration Manager. Permittee shall identify a
proposed Habitat Restoration manager. The Habitat
Restoration manager may be the landowner or another
party. Documents related to habitat restoration
management shall identify both the Habitat Restoration
Manager. Permittee shall notify CDFW of any
subsequent changes in the Habitat Restoration manager
within 30 days of the change.
3.1.1.2 Restoration Specialist. The HMMP shall be prepared by
persons with expertise in southern California
ecosystems and native plant re-vegetation techniques
(restoration specialist). Planting, maintenance,
monitoring, and reporting activities shall be overseen by
the restoration specialist familiar with restoration of
native plants.
3.1.1.3 Site Description. A description of the physical
conditions and vegetation communities including a
map and GIS shapefiles. Photo-documentation of
restored areas shall be provided before and after
restoration.
3.1.1.4 Native Plant Sources. Plant material for revegetation
shall be derived from cuttings, materials salvaged from
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disturbed areas, and/or seeds obtained from randomly
selected native trees and shrubs occurring locally
within the same drainages. Any replacement tree/shrub
stock, if used, which cannot be grown from cuttings or
seeds, shall be obtained from a native plant nursery, be
ant-free, and shall not be inoculated to prevent heart
rot.
3.1.1.5 Maintenance Activities. A description of maintenance
operations with particular emphasis on invasive species
control and watering methods and schedules; details on
any irrigation to be used, if applicable, that includes
method of watering; sprinkler placement, if applicable;
and timing/schedule; irrigation may only be used to help
the plants become established during the first three
years following planting. Watering/ irrigation of the site
shall be discontinued at least two years prior to
completion of the monitoring period.
3.1.1.6 Corrective Actions: A description of corrective actions
to be taken when restoration measures do not meet the
proposed targets.
3.1.1.7 Success Criteria. The HMMP shall identify the success
criteria for the habitat restoration site. The reference site
shall be approved by CDFW. The success criteria shall
include percent relative and absolute cover (invasive and
native vegetation), species diversity, abundance, and
any other measures of success deemed appropriate by
CDFW. Permittee shall be responsible for any cost
incurred during the restoration/mitigation or in
subsequent corrective measures.
3.1.2 Mitigation Success. After the fifth monitoring year, if the Onsite
Temporary Restoration Area has met the success criteria outlined
in the HMMP, CDFW may request a site visit to determine if the
Measure 3.1 is complete. The site shall be free of trash and any
irrigation infrastructure if it was used (unless there is an
acceptable justification for leaving the irrigation system in place).
3.1.3 Contingency Measures. If the survival and cover requirements
have not been met as established in the HMMP, the Permittee
shall follow contingency measures, including but not limited to,
performing modifications to the existing habitat, extending
restoration time period, or other actions. Any contingency actions
will be determined in coordination with CDFW. If Permittee
proposes to meet the success criteria through modifications to the
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existing habitat or creation of additional habitat, Permittee shall be
responsible for maintaining and monitoring these areas with the
same survival and growth requirements for the Onsite Temporary
Restoration Areas as outlined in the HMMP for five years after
planting, or until CDFW deems the sites successful.
3.2 Permanent Impact- Habitat Rehabilitation and/or Re-establishment
3.2.1 Habitat Rehabilitation and/or Re-establishment – Off-site (Mitigation
Bank). Permittee shall compensate for the permanent impacts of 1.27-
acres of stream bed, bank, and channel, through the acquisition of no
less than 1.27-acres of Re-establishment credits and 1.27 acres of
Rehabilitation and/or Re-establishment credits through Riverpark
Mitigation Bank. Mitigation credits shall be purchased, and receipt
provided to CDFW, no later than 30 days prior to the initiation of
Project Covered Activities, which includes staging and site preparation,
unless security is provided pursuant to Measure 3.4.
3.2.2 Option 1: Habitat Rehabilitation and/or Re-establishment and
Protection – Onsite (Mitigation Site). To compensate for the remaining
permanent impacts to 0.07 acres of fish and wildlife resources subject
to Fish and Game Code section 1600 et seq., Permittee shall restore
and perpetually protect and manage no less than 0.21 acres of in-kind
streambed and associated habitat (Mitigation Site) immediately
following the completion of Project activities.
3.2.3 Option 2: Habitat Rehabilitation and/or Re-establishment and
Protection – Off-site (Mitigation Site). Permittee shall compensate for
the remaining permanent impacts to 0.07 acres to stream bed, bank,
and channel, through the acquisition, rehabilitation/re-establishment,
and perpetual conservation and management of a “Mitigation Site”, or
several mitigation sites, containing no less than 0.21 acres of
streambed and stream-associated habitat within the Lake Elsinore
Back Basin or alternative location approved by CDFW within Riverside
County.
3.3 Permittee Responsible Mitigation: For both Option 1 and Option 2, the
Permittee shall prepare, or fund the preparation of, a Habitat Mitigation and
Monitoring Plan (Mitigation HMMP; Measure 3.3.2); and a Long-Term
Management Plan (LTMP; Measure 3.3.1.4) designed to sustain or surpass the
habitat quality of the Mitigation Site in perpetuity. Permittee shall also establish
long-term management funding (Measure 3.3.1.5). Permanent protection and
funding for perpetual management of Mitigation Site lands must be complete
prior to initiation of Project activities, or within 18 months of starting
Project activities if Security is provided pursuant to Measure 3.4 below for
all uncompleted obligations.
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3.3.1 Habitat Acquisition and Protection. Permittee shall obtain written approval
from CDFW for the proposed Mitigation Site(s) with a minimum of 2.75
acres of offsite streambed and stream-associated habitat. Permittee shall
submit a proposed Mitigation Site for CDFW review and approval no later
than five months prior to the start of Project activities OR four months
following start of Project activities if Security is provided.
3.3.1.1 Long-Term Conservation of Mitigation Site(s). After CDFW
approval of the Mitigation Site (Measure 3.3.1) and no later
than four months prior to the start of Project activities OR
six months following start of Project activities if Security
is provided, Permittee shall provide the following to
CDFW. Permittee shall use a CDFW-provided template and
provide a draft Conservation Easement to CDFW for CDFW
review and approval. Permittee shall also provide the
necessary documents specified in the CDFW Habitat
Management Land Acquisition Package Checklist for Third
Party Beneficiary (TPB) Project Applicants, to be provided by
CDFW, in preparation for conservation easement(s)
recordation. All documents conveying the Mitigation Site(s)
and all conditions of title are subject to the review and
approval of CDFW. Permittee shall ensure the preservation
and long-term management of the CDFW-approved 3.79
acres of streambed and stream-associated habitat within the
Mitigation Site(s) through recordation of a conservation
easement(s). Permittee shall record a conservation easement
approved by CDFW with an entity, to be approved by CDFW,
acting as grantee for a conservation easement. CDFW shall
be expressly named in the conservation easement as a third -
party beneficiary. CDFW shall, in its sole discretion, approve
the entity to act as grantee. The conservation easement shall
expressly require implementation of the LTMP by the land
manager, as authorized by the landowner and shall expressly
require the grantee to monitor implementation of the LTMP.
Permittee shall record the conservation easement after CDFW
approval of the conservation easement and all associated
documents prior to the start of Project activities OR within
18 months following start of Project activities if Security
is provided. Permittee shall be responsible for all costs in
recording and funding the conservation easement, including
conservation easement monitoring and long-term
management costs.
3.3.1.2 Mitigation Site Land Manager. After CDFW approval of the
Mitigation Site (Measure 3.3.1) and no later than four
months prior to the start of Project activities OR six
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months following start of Project activities if Security is
provided, Permittee shall obtain CDFW approval of a land
manager entity to manage the Mitigation Site. Permittee shall
identify separate entities to fulfill the grantee and land
manager roles. Permittee shall also obtain CDFW approval of
an interim Mitigation Site land manager if they are different
than the long-term Mitigation Site manager. The interim and/or
long-term land managers may be the landowner or another
party approved by CDFW. Documents related to land
management shall identify both the interim and long-term land
managers. Permittee shall notify CDFW, for review and
approval, of any subsequent changes in the land manager
within 30 days of the change.
3.3.1.3 Start-Up Activities. Permittee shall provide for the
implementation of start-up activities, including the initial site
protection of the CDFW-approved Mitigation Site(s). Start-up
activities include, at a minimum: 1) preparing both a HMMP
(Measure 3.3.2) and a LTMP (Measure 3.3.1.4) for CDFW
approval, 2) conducting baseline biological assessment and
land survey report during the first growing season, 3)
developing and transferring to the Geographic Information
Systems (GIS) data if applicable, 4) establishing initial fencing
(if necessary), 5) conducting initial removal of litter and debris,
and 6) installing signage.
3.3.1.4 Long Term Management Plan (Mitigation Site). After CDFW
approval of the mitigation Site (Measure 3.3.1) and no
later than three months prior to the start of Project
activities OR six months following start of Project
activities if Security is provided, Permittee shall provide
the following to CDFW for review and written approval an
LTMP. The LTMP be implemented in perpetuity and shall be
designed to sustain or surpass the habitat quality of the
Mitigation Site(s) upon achieving Mitigation Site HMMP
success criteria as approved by CDFW in writing. At a
minimum, the LTMP shall identify: 1) a description of the
physical conditions of the Mitigation Site upon achieving
Mitigation Site HMMP success criteria, including water
resources and habitat types, and a map that identifies the
location of the site; 2) goals related to sustaining habitat
quality, wildlife usage, and overall function of the Mitigation
Site; and 3) management strategies proposed to meet those
goals, including but not limited to a monitoring and
management schedule, adaptive management plans,
strategies to address foreseeable site disturbances (e.g.,
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dumping, wildfires, unauthorized recreational activities, etc.),
and maintenance of signage and fencing. The Permittee shall
be responsible for implementing the LTMP and shall submit a
Management Report every five years documenting, at a
minimum: 1) management activities completed within the
previous five-year term, including: (a) any remedial measures
completed, (b) details of non-native species removal including:
(i) species and location where they were removed, (ii) the
amount and frequency of removal, and (iii) the techniques
used, (c) adaptive management strategies developed and how
they were implemented, and (d) enforcement activity
necessary; 2) an assessment of overall habitat quality within
the Mitigation Site, including: (a) percent native and non-native
vegetation cover, (b) any shifts in habitat type, (c) any loss of
habitat cover, (d) any change in water resources, and (e) any
new non-native species observed; and 3) an evaluation of the
success or failure of management strategies implemented and
any changes to management strategies proposed in response
to the successes or failures. The Management Report shall
include photos documenting the management activities.
3.3.1.5 Property Analysis Record for Mitigation Site HMMP and Long-
Term Management Fund. Permittee shall provide, a Property
Analysis Record (PAR), or substantially equivalent analysis,
Mitigation Site developed in coordination with a conservation
entity to CDFW for review and approval no later than two
months prior to the start of Project activities OR three
months following start of Project activities if Security is
provided. The PAR shall identify the costs for implementation
of the Mitigation Site HMMP and LTMP and calculate an
endowment that is sufficient to fund the implementation of the
LTMP in perpetuity (Long-term Endowment Fund;
Endowment).
3.3.1.6 Endowment Fund (Permittee Responsible Mitigation). For
Permittee Responsible Mitigation, the Permittee shall ensure
that the Mitigation Site is perpetually managed, maintained,
and monitored by the long-term land manager as described in
this Agreement, the conservation easement, and the LTMP
approved by CDFW. After obtaining CDFW approval of the
Mitigation Site, Permittee shall provide long-term management
funding for the perpetual management of the Mitigation Site by
establishing a separate long-term management fund
(Endowment) for the site. The Endowment is a sum of money,
held in a CDFW-approved fund that provides funds for the
perpetual management, invasive species control (as needed),
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monitoring, and other activities on the Mitigation Site consistent
with the management plan(s) required by Measure 3.3.1.4.
Endowment as used in this Agreement shall refer to the
endowment deposit and all interest, dividends, other earnings,
additions, and appreciation thereon. The Endowment shall be
governed by this Agreement, Government Code sections
65965-65968, as amended, and Probate Code sections 18501-
18510, as amended.
After the interim management period, Permittee shall ensure
that the designated long-term land manager implements the
management and monitoring of the Mitigation Site according to
LTMP. The long-term land manager shall be obligated to
manage and monitor the Mitigation Site in perpetuity to
preserve their conservation values in accordance with this
Agreement, the conservation easement, and the LTMP. Such
activities shall be funded through the Endowment.
3.3.1.7 Identify an Endowment Manager. The Endowment shall be
held by the Endowment Manager, which shall be an entity
qualified pursuant to Government Code sections 65965-65968,
as amended, and approved in writing by CDFW in its sole
discretion. Permittee shall submit to CDFW a written proposal
for an Endowment Manager along with a copy of the proposed
Endowment Manager’s certification pursuant to Government
Code section 65968(e). CDFW shall notify Permittee in writing
of its approval or disapproval of the proposed Endowment
Manager. If CDFW does not approve the proposed Endowment
Manager, it shall provide Permittee with a written explanation of
the reasons for its disapproval.
3.3.1.8 Calculate the Endowment Funds Deposit. After obtaining
CDFW written approval of the Mitigation Sites, LTMP, and
Endowment Manager, Permittee shall prepare a Long -Term
Management Endowment PAR (or PAR-equivalent analysis) to
calculate the amount of funding necessary to ensure the long-
term management of the Mitigation Site (Endowment Deposit
Amount). The Permittee shall submit to CDFW for review and
approval the results of the Long-Term Management
Endowment PAR before transferring funds to the Endowment
Manager.
3.3.1.9 Capitalization Rate and Fees. Permittee shall obtain the
capitalization rate from the selected Endowment Manager for
use in calculating the Long-Term Management Endowment
PAR and adjust for any additional administrative, periodic, or
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annual fee. The capitalization rate used to calculate the PAR
shall be 3.5% or less, unless otherwise approved in writing by
CDFW.
3.3.1.10 Endowment Buffers/Assumptions. Permittee shall include in the
Long-Term Management Endowment PAR assumptions the
following buffers for endowment establishment and use that will
substantially ensure long-term viability and security of the
Endowment:
3.3.1.10.1 10 Percent Contingency. A 10 percent contingency shall
be added to each endowment calculation to hedge
against underestimation of the fund, unanticipated
expenditures, inflation, or catastrophic events.
3.3.1.10.2 Three Years Delayed Spending. The endowment shall
be established assuming spending will not occur for the
first three years after full funding.
3.3.1.10.3 Non-annualized Expenses. For all large capital
expenses to occur periodically but not annually such as
fence replacement or well replacement, payments shall
be withheld from the annual disbursement until the year
of anticipated need or upon request to Endowment
Manager and CDFW.
3.3.1.11 Transfer Long-term Endowment Funds. Permittee shall
transfer the Long-Term Endowment Funds to the Endowment
Escrow Account or the Endowment Fund Manager upon CDFW
approval of the Endowment Fund Amount identified above prior
to the start of Project activities OR within 18 months following
start of Project activities if Security is provided. The
Endowment Manager shall, at all times, hold and manage the
Endowment in compliance with this Agreement, Government
Code sections 65965-65968, as amended, and Probate Code
sections 18501-18510, as amended.
3.3.2 Habitat Mitigation and Monitoring Plan. After CDFW approval of the
Mitigation Site (Measure 3.3.1) and no later than four months prior to
the start of Project activities OR six months following start of Project
activities if Security is provided, Permittee shall submit to CDFW for
review and written approval a Mitigation Site Habitat Mitigation and
Monitoring Plan (HMMP). At a minimum, the Mitigation Site HMMP shall
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include the following:
3.3.2.1 Restoration Specialist. Preparation of the Mitigation Site HMMP
shall be by persons with expertise in southern California
ecosystems and native plant re-vegetation techniques (restoration
specialist). Planting, maintenance, monitoring, and reporting
activities shall be overseen by the restoration specialist familiar
with restoration of native plants.
3.3.2.2 Site Description. A description of the physical conditions and
vegetation communities including a map and GIS shapefiles.
Photo-documentation of restored areas shall be provided before
and after restoration.
3.3.2.3 Planting Plan. Details of the site preparation consisting of a
detailed contouring/grading plan and details of native plant
installation (Planting Plan), including the type and number of
materials to be used (e.g., local native seeds, cutting, and/or
container stock), source(s) of the materials, planting location,
methods of installation, and a local California native plant palette.
This Planting Plan shall include plantings of both overstory and
understory vegetation as appropriate. All seeded/planted species
installed shall include only local California native container plants
and cuttings and shall be typical of the existing native plant
species present within, or immediately adjacent to the site. The
Planting Plan shall have adequate detail regarding the sampling
plan so that it can be duplicated by different people and shall
include a sample data collection sheet that shows appropriate
data to be collected per the proposed sampling methodology.
3.3.2.4 Native Plant Sources. Plant material for revegetation shall be
derived from cuttings, materials salvaged from disturbed areas,
and/or seeds obtained from randomly selected native trees and
shrubs occurring locally within the same drainages. Any
replacement tree/shrub stock, if used, which cannot be grown
from cuttings or seeds, shall be obtained from a native plant
nursery, be ant-free, and shall not be inoculated to prevent heart
rot.
3.3.2.5 Sampling Techniques. The sampling techniques (e.g., quadrats,
transects, or relevé) to be used to collect quantitative/qualitative
data (e.g., vegetation relative/absolute cover, density, diversity
indices, recruitment, survivorship, etc.) for baseline conditions and
to establish and measure success criteria.
3.3.2.6 Survey Timing. The primary monitoring surveys to determine the
success of restoration efforts (survival, cover, and growth of
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plants) shall be conducted at a minimum twice annually,
preferably in May and September.
3.3.2.7 Maintenance Activities. A description of maintenance operations
with particular emphasis on invasive species control and watering
methods and schedules; details on any irrigation to be used, if
applicable, that includes method of watering; sprinkler placement,
if applicable; and timing/schedule; irrigation may only be used to
help the plants become established during the first three years
following planting. Watering/ irrigation of the site shall be
discontinued at least two years prior to completion of the
monitoring period.
3.3.2.8 Corrective Actions: A description of corrective actions to be taken
when restoration measures do not meet the proposed targets.
3.3.2.9 Success Criteria. The Mitigation Site Habitat Mitigation and
Monitoring Plan shall identify the success criteria for the mitigation
site and shall be compared against an appropriate reference site
with as good or better-quality habitat then the pre-Project impact
site. The reference site shall be approved by CDFW. The success
criteria shall include percent relative and absolute cover (invasive
and native vegetation), species diversity, abundance, and any
other measures of success deemed appropriate by CDFW.
Permittee shall be responsible for any cost incurred during the
restoration/mitigation or in subsequent corrective measures.
3.3.3 Mitigation and Monitoring Reports. Permittee shall have the qualified
restoration specialist monitor the recovery of plant, wildlife, and aquatic
resources in the area following mitigation implementation. Monitoring of
plant, wildlife, and aquatic resources shall be done twice a year as
outlined in the Mitigation Site HMMP, through the term of restoration. The
results and analysis shall be submitted with the annual restoration
monitoring report to CDFW by February 1 of each year after mitigation
implementation for at least 5 years and until mitigation success criteria
have been met. This report shall include the status and any success
trends (i.e., comparison throughout the 5 years of monitoring) for the
success criteria outlined in the Mitigation Site HMMP. Photos from
designated photo stations shall be included.
3.3.4 Mitigation Success. After the fifth monitoring year, if the site has met the
success criteria outlined in the Mitigation Site HMMP, CDFW may request
a site visit to determine if the mitigation portion of the Agreement is
deemed complete. The site should be free of trash and any irrigation
infrastructure shall be removed if it was used (unless there is an
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acceptable justification for leaving the irrigation system in place).
3.4 Security. If permanent protection and funding for perpetual management of
compensatory habitat is not complete prior to the initiation of Project activities,
Permittee shall provide financial security in the form of a Letter of Credit (LOC)
(Exhibit 3), for an amount sufficient for CDFW or its contractors to complete land
acquisition, property enhancement/restoration, initial management and site
protection, and perpetual management and monitoring of the 2.75-acre Mitigation
Site. The LOC shall be submitted to CDFW for approval and shall be executed [no
later than 30 days] prior to initiation of Project activities.
3.4.1 Draft Copy of LOC. The Permittee shall provide a draft copy of the LOC to
CDFW at the address listed below for review and approval prior to
execution of security. The LOC shall not be executed without CDFW's
prior approval.
3.4.2 Expiration of LOC. In the event that the LOC will expire before the
mitigation obligations have been met, the Permittee shall be responsible for
providing CDFW a new LOC to replace the existing LOC at least sixty (60)
days prior to the expiration date.
3.4.3 Execution of LOC. Upon execution of the LOC, the Permittee shall provide
the original to the address listed on the LOC template, and one copy of the
executed document to CDFW at the address listed below.
3.4.4 The LOC, or other form of security approved by CDFW, shall allow CDFW
to draw on the principal sum if CDFW, in its sole discretion, determines that
the Permittee has failed to complete the compensatory mitigation
measures of this Agreement.
4. Reporting Measures
Permittee shall meet each reporting requirement described below.
4.1 Notification at the Start and End of Work. The Permittee shall notify CDFW, in
writing, at least five (5) days prior to re-initiation of Project-related activities
and at least five (5) days prior to completion of Project and mitigation
activities. Permittee shall document compliance with all pre-Project Conditions of
Approval before starting work through submitting a copy of the MMRP table with
notes showing current implementation status and date of completion of each
mitigation measure. Notification shall be sent to the email address:
R6LSAReporting@wildlife.ca.gov, Reference # EPIMS- RIV-43632-R6, and cc:
Katrina.Rehrer@wildlife.ca.gov.
4.2 Reporting. All surveys, pre- and post- construction notifications, monitoring reports,
and any other required communication between the Permittee and CDFW shall be
submitted in digital copy to R6LSAReporting@wildlife.ca.gov. Please reference #
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EPIMS-RIV-43632-R6 and cc: Katrina.Rehrer@wildlife.ca.govThe electronic files
shall include GIS shapefiles, along with the appropriate metadata, of the Project
area and any mitigation areas. If CDFW requests hard copies of any
documentation, Permittee shall mail hard copies to 3602 Inland Empire Blvd., Suite
C- 220, Ontario, CA 91764, Attn: Lake and Streambed Program. Please reference
# EPIMS-RIV-43632-R6.
4.3 Nesting Bird, Burrowing Owl, and Least Bell’s Vireo Survey Report . Prior to
commencement of Project activities addressed by this Agreement, the Permittee
shall submit to CDFW the results of pre-construction nesting bird, burrowing owl,
and least Bell’s vireo surveys completed pursuant to this Agreement.
4.4 Nesting Bird Summary Report. Permittee shall prepare and submit to CDFW a
summary, as described in Measure 2.11.6 of this Agreement of nesting species
identified onsite, discovery of nests, the status/outcome of any previously identified
nest, buffer distances established for each nest, and any adjustments made to
established buffers. Summary reports shall be submitted on a weekly bas is until
there is no further evidence of nesting activity. If the Project results in the
abandonment of or damage to a nest, Permittee shall notify CDFW within 24
hours.
4.5 Crotch’s Bumble Bee – Habitat Mapping Report. No less than 120 days prior to
initiation of activities addressed by this Agreement, Permittee shall submit a
baseline habitat report of the project site (including channel side slopes). The
report will identify habitat alliances following Sawyer et al. (2009), as well as
species composition, as identified in Measure 2.14. A map of habitat alliances will
be included in the report and GIS files of the habitat mapping will be submitted to
CDFW with the report.
4.6 Crotch’s Bumble Bee – Survey Plan. If habitat mapping identifies the presence of
suitable habitat, no less than 90 days prior to initiation of project activities
addressed by this Agreement, Permittee shall submit to CDFW for review and
comment a survey plan for Crotch’s bumble bee, as described in Measure 2.15.2.
The survey plan shall be created in coordination with the Designated Biologist
identified in Measure 2.15.1. The survey plan will identify the timing, number, and
duration of survey efforts, and procedures to follow should Crotch’s bumble bee be
detected within the project area.
4.7 Crotch’s Bumble Bee – Survey Results. Survey results shall be submitted to
CDFW within 30 days completion of survey efforts. The report will be prepared by
the Designated Biologist identified in Measure 2.15.1 and will describe survey
results as identified in Measure 2.15.3.
4.8 Photo Documentation. The Permittee shall include, at minimum, pre-Project and
post-Project color photographs taken from fixed locations of all Project areas within
or directly adjacent to stream habitat. Two photo monitoring points shall be
established at each stream impact area. Each photo point shall have an
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unobstructed view of the disturbed streambed area. Photo documentation shall be
performed from each photo point prior to Project initiation and after Project
completion. These photos shall be included in the Project Completion Report (see
Measure 4.9).
4.9 Project Completion Report. Permittee shall provide a Project Completion Report to
CDFW via EPIMS no later than one month after the Project is fully completed. The
Project Completion Report shall summarize all Project activities including the
implementation of all items specified in Section 2 of this Agreement. The Project
Completion Report shall demonstrate that impacts to streams are consistent with,
and do not exceed, Project impacts authorized under this Agreement. This report
shall include, at minimum, photo documentation (Measure 4.8), a quantification of
the Project’s final total acres of impacts to streams, avoidance/minimization
measures implemented, maps that display work areas, biological survey notes
(including construction monitoring), and a summary of temporary and permanent
restoration efforts with photo documentation. Permittee shall include a copy of the
Mitigation and Monitoring Reporting Plan table with notes showing status and date
of implementation for each of the mitigation measures. The Permittee shall also
provide GPS data, taken before and after Project construction activities, to
demonstrate that impacts to streams are consistent with, and do not exceed,
Project impacts authorized under this Agreement. Notification shall be submitted
via EPIMS and emailed to: R6LSAReporting@wildlife.ca.gov, please reference
Notification No. EPIMS-RIV-43632-R6, and cc: Katrina.rehrer@wildlife.ca.gov.
4.10 Notification to CNDDB. If any special-status or listed species are/have been
observed on or in proximity to the Project site, Permittee shall submit California
Natural Diversity Data Base (CNDDB) forms and maps to the CNDDB within five
working days of the sightings. The CNDDB form is available online at:
https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data. A digital copy of this
information shall also be emailed within five days to CDFW. Please reference
Notification No. EPIMS- RIV-43632-R6.
4.11 Compliance. CDFW shall verify compliance with protective measures to ensure the
accuracy of the Permittee’s mitigation, monitoring, and reporting efforts. CDFW
may, at its sole discretion, review relevant documents maintained by the Permittee,
interview the Permittee’s employees and agents, inspect the work site, and take
other actions to assess compliance with or effectiveness of protective measures in
this Agreement.
4.12 List of Designated Biologist(s). The Permittee shall submit a proposed list of
Designated Biologist(s) to CDFW for review at least 30 days prior to Project start
(see Measure 2.1). CDFW will provide written response within 21 days of
Permittee submittal, unless a shortened review period is otherwise agreed to by
CDFW in writing (email or letter). The list may be updated at any time by CDFW or
the Permittee with the prior approval of CDFW.
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4.13 Emergency Response Plan. The Permittee shall submit an Emergency Response
Plan to CDFW prior to start of ground disturbance. The plan shall identify the
actions that shall be taken in the event of a spill of petroleum products, or other
material harmful to aquatic or plant life, and the identification and uses of
emergency response materials.
CONTACT INFORMATION
Any communication that Permittee or CDFW submits to the other shall be submitted
through Environmental Permit Information Management System (EPIMS) as instructed
by CDFW.
To Permittee:
City of Lake Elsinore
EPIMS-RIV-43632-R6
Murrieta Creek Multi-Use Trail Project
130 S. Main Street
Lake Elsinore, California 92530
rhabib@lake-elsinore.org
To CDFW:
Department of Fish and Wildlife
Inland Deserts Region
EPIMS-RIV-43632-R6
Murrieta Creek Multi-Use Trail Project
R6LSAReporting@Wildlife.ca.gov
cc: Katrina.rehrer@wildlife.ca.gov
LIABILITY
Permittee shall be solely liable for any violations of the Agreement, whether committed
by Permittee or any person acting on behalf of Permittee, including its officers,
employees, representatives, agents or contractors and subcontractors, to complete the
Project or any activity related to it that the Agreement authorizes.
This Agreement does not constitute CDFW’s endorsement of, or require Permittee to
proceed with the Project. The decision to proceed with the Project is Permittee’s alone.
SUSPENSION AND REVOCATION
CDFW may suspend or revoke in its entirety the Agreement if it determines that
Permittee or any person acting on behalf of Permittee, including its officers, employees,
representatives, agents, or contractors and subcontractors, is not in compliance with the
Agreement.
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Before CDFW suspends or revokes the Agreement, it shall provide Permittee written
notice by certified or registered mail that it intends to suspend or revoke. The notice
shall state the reason(s) for the proposed suspension or revocation, provide Permittee
an opportunity to correct any deficiency before CDFW suspends or revokes the
Agreement, and include instructions to Permittee, if necessary, including but not limited
to a directive to immediately cease the specific activity or activities that caused CDFW
to issue the notice.
ENFORCEMENT
Nothing in the Agreement precludes CDFW from pursuing an enforcement action
against Permittee instead of, or in addition to, suspending or revoking the Agreement.
Nothing in the Agreement limits or otherwise affects CDFW's enforcement authority or
that of its enforcement personnel.
OTHER LEGAL OBLIGATIONS
This Agreement does not relieve Permittee or any person acting on behalf of Permittee,
including its officers, employees, representatives, agents, or contractors and
subcontractors, from complying with, or obtaining any other permits or authorizations
that might be required under, other federal, state, or local laws or regulations before
beginning the Project or an activity related to it. For example, if the Project causes take
of a species listed as threatened or endangered under the Endangered Species Act
(ESA), such take will be unlawful under the ESA absent a permit or other form of
authorization from the U.S. Fish and Wildlife Service or National Marine Fisheries
Service.
This Agreement does not relieve Permittee or any person acting on behalf of Permittee,
including its officers, employees, representatives, agents, or contractors and
subcontractors, from complying with other applicable statutes in the Fish and Game
Code including, but not limited to, Fish and Game Code sections 2050 et seq.
(threatened and endangered species), section 3503 (bird nests and eggs), section
3503.5 (birds of prey), section 5650 (water pollution), section 5652 (refuse disposal into
water), section 5901 (fish passage), section 5937 (sufficient water for fish), and section
5948 (obstruction of stream).
Nothing in the Agreement authorizes Permittee or any person acting on behalf of
Permittee, including its officers, employees, representatives, agents, or contractors and
subcontractors, to trespass.
AMENDMENT
CDFW may amend the Agreement at any time during its term if CDFW determines the
amendment is necessary to protect an existing fish or wildlife resource.
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Permittee may amend the Agreement at any time during its term, provided the
amendment is mutually agreed to in writing by CDFW and Permittee. To request an
amendment, Permittee shall use the “Amendments & Extension” form in EPIMS to
submit the request. Permittee shall include with the completed form, payment of the
corresponding amendment fee identified in CDFW’s current fee schedule (see Cal.
Code Regs., tit. 14, § 699.5).
TRANSFER AND ASSIGNMENT
This Agreement may not be transferred or assigned to another entity, and any purported
transfer or assignment of the Agreement to another entity shall not be valid or effective,
unless the transfer or assignment is requested by Permittee in writing, as specified
below, and thereafter CDFW approves the transfer or assignment in writing.
The transfer or assignment of the Agreement to another entity shall constitute a minor
amendment, and therefore to request a transfer or assignment, Permittee shall use the
“Amendments & Extension” form in EPIMS to submit the request. Permittee shall
include with the completed form, payment of the minor amendment fee identified in
CDFW’s current fee schedule (see Cal. Code Regs., tit. 14, § 699.5).
EXTENSIONS
In accordance with Fish and Game Code section 1605, subdivision (b), Permittee may
request one extension of the Agreement, provided the request is made prior to the
expiration of the Agreement’s term. To request an extension, Permittee shall use the
“Amendments & Extension” form in EPIMS to submit the request. Permittee shall
include with the completed form, payment of the extension fee identified in CDFW’s
current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). CDFW shall process the
extension request in accordance with Fish and Game Code section 1605, subdivisions
(b) through (e).
If Permittee fails to submit a request to extend the Agreement prior to its expiration,
Permittee must submit a new notification and notification fee before beginning or
continuing the Project the Agreement covers (Fish & G. Code § 1605, subd. (f)).
EFFECTIVE DATE
The Agreement becomes effective on the date of CDFW’s signature, which shall be: 1)
after Permittee’s signature; 2) after CDFW complies with all applicable requirements
under the California Environmental Quality Act (CEQA); and 3) after payment of the
applicable Fish and Game Code section 711.4 filing fee listed at
https://www.wildlife.ca.gov/Conservation/CEQA/Fees.
TERM
This Agreement shall expire on October 30, 2029, unless it is terminated or extended
before then. All provisions in the Agreement shall remain in force throughout its term.
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Permittee shall remain responsible for implementing any provisions specified herein to
protect fish and wildlife resources after the Agreement expires or is terminated, as Fish
and Game Code section 1605, subdivision (a)(2) requires.
EXHIBITS
The documents listed below are included as exhibits to the Agreement and incorporated
herein by reference.
A. Exhibit 1. Project Location
B. Exhibit 2. Project Site Breakdown and Delineation
C. Exhibit 3. Letter of Credit
The documents listed below are included as attachments to the Agreement and
incorporated herein by reference:
1. Minimization and Monitoring Reporting Table
AUTHORITY
If the person signing the Agreement (signatory) is doing so as a representative of
Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee’s
behalf and represents and warrants that he or she has the authority to legally bind
Permittee to the provisions herein.
AUTHORIZATION
This Agreement authorizes only the Project described herein. If Permittee begins or
completes a Project different from the Project the Agreement authorizes, Permittee may
be subject to civil or criminal prosecution for failing to notify CDFW in accordance with
Fish and Game Code section 1602.
CONCURRENCE
Through the electronic signature by the permittee or permittee’s representative as
evidenced by the attached concurrence from CDFW’s EPIMS, the permittee accepts
and agrees to comply with all provisions contained herein.
The EPIMS concurrence page containing electronic signatures must be attached
to this agreement to be valid.
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Exhibit 1
Exhibit 1. Project Location. Murrieta Creek Multi-Use Trail Project is located within the
City of Lake Elsinore, Riverside County.
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Exhibit 2
Exhibit 2. Project Site Delineation. Project area with depiction of resources and impacts.
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Exhibit 3
Letter of Credit
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[Financial institution letterhead]
IRREVOCABLE STANDBY LETTER OF CREDIT
NO. [number issued by financial institution]
Issue Date: [date]
Beneficiary:
California Department of Fish and Wildlife
Habitat Conservation Planning Branch
Post Office Box 944209
Sacramento, CA 94244-2090
Attn: HCPB Contract Coordinator
Amount: U.S. $[dollar number] [(dollar amount)]
Expiry: [Date] at our counters
Dear Sirs:
1. At the request and on the instruction of our customer, [name of applicant]
(“Applicant”), we, [name of financial institution] (“Issuer”), hereby establish in
favor of the beneficiary, the California Department of Fish and Wildlife (“CDFW”),
this irrevocable standby letter of credit (“Credit”) in the principal sum of U.S.
$[dollar number] [(dollar amount)] (“Principal Sum”).
2. We are informed this Credit is and has been established for the benefit of CDFW
pursuant to the terms of the [insert: “lake” or “streambed”] alteration agreement
(No. [permit number]) for the [name of project] issued by CDFW to the
Applicant on [date] (No. [number]) (“Permit”).
3. We are further informed that pursuant to the Permit, the Applicant has agreed to
complete certain mitigation requirements in the Permit (“Mitigation
Requirements”).
4. We are finally informed that this Credit is intended by CDFW and the Applicant to
serve as a security device for the performance by the Applicant of the Mitigation
Requirements.
5. CDFW shall be entitled to draw upon this Credit only by presentation of a duly
executed Certificate for Drawing (“Certificate”) in the same form as Attachment A,
which is attached hereto, at our office located at [name and address of
financial institution].
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6. The Certificate shall be completed and signed by an Authorized Representative
of CDFW as defined in paragraph 12 below. Presentation by CDFW of a
completed Certificate may be made in person or by registered mail, return receipt
requested, or by overnight courier.
7. Upon presentation of a duly executed Certificate as above provided, payment
shall be made to CDFW, or to the account of CDFW, in immediately available
funds, as CDFW shall specify.
8. If a demand for payment does not conform to the terms and conditions of this
Credit, we shall give CDFW prompt notice that the demand for payment was not
effected in accordance with the terms and conditions of this Credit, state the
reasons therefore, and await further instruction.
9. Upon being notified that the demand for payment was not effected in conformity
with the Credit, CDFW may correct any such non-conforming demand for
payment under the terms and conditions stated herein.
10. All drawings under this Credit shall be paid with our funds. Each drawing honored
by us hereunder shall reduce, pro tanto, the Principal Sum. By paying to CDFW
an amount demanded in accordance herewith, we make no representations as to
the correctness of the amount demanded.
11. This Credit will be cancelled upon receipt by us of Certificate of Cancellation,
which: (i) shall be in the form of Attachment B, which is attached hereto, and (ii)
shall be completed and signed by an Authorized Representative of CDFW, as
defined in paragraph 12 below.
12. An Authorized Representative shall mean the Director of CDFW; the General
Counsel of CDFW; a Regional Manager of CDFW; or the Branch Chief of
CDFW’s Habitat Conservation Planning Branch.
13. This Credit shall be automatically extended without amendment for additional
periods of one year from the present or any future expiration date hereof, unless
at least sixty (60) days prior to any such date, we notify CDFW in writing by
registered mail, return receipt requested, or by overnight courier that we elect not
to consider this Credit extended for any such period.
14. Communications with respect to this Credit shall be in writing and addressed to
us at [name and address of financial institution], specifically referring upon
such writing to this credit by number. The address for notices with respect to this
Credit shall be: (i) for CDFW: Department of Fish and Wildlife, Habitat
Conservation Planning Branch, Post Office Box 944209, Sacramento, CA 94244 -
2090, Attn: HCPB Contract Coordinator; and (ii) for the Applicant: [name and
address of applicant].
15. This Credit may not be transferred.
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16. This Credit is subject to the International Standby Practices 1998 (“ISP 98”). As
to matters not covered by the ISP 98 and to the extent not inconsistent with the
ISP 98, this credit shall be governed by and construed in accordance with the
Uniform Commercial Code, Article 5 of the State of California.
17. This Credit shall, if not canceled, expire on [expiration date], or any extended
expiration date.
18. We hereby agree with CDFW that documents presented in compliance with the
terms of this Credit will be duly honored upon presentation, as specified herein.
19. This Credit sets forth in full the terms of our undertaking. Such undertaking shall
not in any way be modified, amended or amplified by reference to any document
or instrument referred to herein or in which this Credit is referred to or to which
this Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any document or instrument.
[Name of financial institution]
By: _____________________________
Name: ___________________________
Title: ____________________________
Telephone: __________________________
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ATTACHMENT A
CERTIFICATE FOR DRAWING
[CDFW Letterhead]
[Date]
[Name and address of financial institution]
Re: Irrevocable Standby Letter of Credit No. [number issued by financial institution]
The undersigned, a duly Authorized Representative of the California Department of Fish
and Wildlife (“CDFW”), as defined in paragraph 12 of the above-referenced standby
letter of credit (“Credit”), hereby certifies to the Issuer that:
1. [Insert one of the following statements: “In the opinion of CDFW, the Applicant
has failed to complete the Mitigation Requirements referenced in paragraph 3 of
the Credit.” or “As set forth in paragraph 13, the Issuer has informed CDFW that
the Credit will not be extended and the Applicant has not provided CDFW with an
equivalent security approved by CDFW to replace the Credit.”]
2. The undersigned is authorized under the terms of the Credit to present this
Certificate as the sole means of demanding payment on the Credit.
3. CDFW is therefore making a drawing under the Credit in amount of U.S.
$_____________.
4. The amount demanded does not exceed the Principal Sum of the Credit.
Therefore, CDFW has executed and delivered this Certificate as of this ___day of
[month], [year].
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
___________________________________________
[Insert one of the following: “Director” or “General Counsel” or “Regional Manager,
[Name of Regional Office]” or “Chief, Habitat Conservation Planning Branch”]
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ATTACHMENT B
CERTIFICATE FOR CANCELLATION
[CDFW Letterhead]
[Date]
[Name and address of financial institution]
Re: Irrevocable Standby Letter of Credit No. [number issued by financial institution]
The undersigned, a duly Authorized Representative of the California Department of Fish
and Wildlife (“CDFW”), as defined in the paragraph 12 in the above-referenced
Irrevocable Standby Letter of Credit (“Credit”), hereby certifies to the Issuer that:
1. [Insert one of the following statements: “The Applicant has presented
documentary evidence of full compliance with the Mitigation Requirements
referenced in paragraph 3 of the Credit.” or “The Applicant has provided CDFW
with an equivalent security approved by CDFW to replace the Credit.”]
2. CDFW therefore requests the cancellation of the Credit.
Therefore, CDFW has executed and delivered this Certificate for Cancellation as of this
____ day of [month], [year].
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
___________________________________________
[Insert one of the following: “Director” or “General Counsel” or “Regional Manager,
[Name of Regional Office]” or “Chief, Habitat Conservation Planning Branch”]
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Exhibit 3
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
MITIGATION MONITORING AND REPORTING PLAN (MMRP)
LAKE OR STREAMBED ALTERATION AGREEMENT
LAKE OR STREAMBED ALTERATION AGREEMENT NO. EPIMS-RIV-43632-R6
PERMITTEE: City of Lake Elsinore
PROJECT: Murrieta Creek Multi-Use Trail Project
PURPOSE OF THE MMRP
The purpose of the MMRP is to ensure that the impact mitigation measures required by the Department of Fish and Wildlife
(CDFW) for the above-referenced Lake or Streambed Alteration Agreement EPIMS No. RIV -43632-R6 (Agreement) are
properly implemented, and thereby to ensure compliance with, section 15097 of the California Code of Regulations and
section 21081.6 of the Public Resources Code. A table summarizing the mitigation measures required by Fish and Game
Code 1600 et seq. is attached. This table is a tool for use in monitoring and reporting on implementation of mitigation
measures, but the descriptions in the table do not supersede the mitigation measures set forth in the Agreement, and the
omission of a permit requirement from the attached table does not relieve the Permittee of the obligation to ensure the
requirement is performed.
OBLIGATIONS OF PERMITTEE
Permittee has the primary responsibility for monitoring compliance with all mitigation measures and for reporting to CDFW on
the progress in implementing those measures. These monitoring and reporting requirements are set forth in the Agreement
itself and are summarized at the front of the attached table.
VERIFICATION OF COMPLIANCE, EFFECTIVENESS
CDFW may, at its sole discretion, verify compliance with any mitigation measure or independently assess the effectiveness of
any mitigation measure.
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TABLE OF MITIGATION MEASURES
Table 1. The following items are identified for each Mitigation Measure: Mitigation Measure number (#), Mitigation Measure
Submittal, Timeline for Submittal, Date Submitted to CDFW, Date Reviewed or Approved by CDFW, and Notes on Status.
The # column indicates the mitigation measure number in the Agreement. The Mitigation Measure column summarizes the
mitigation, monitoring, and reporting requirements contained in the Agreement. The Timeli ne column shows the date or
phase when each mitigation measure will be implemented. The Responsible Party column identifies the entity that is primarily
responsible for implementing the mitigation measure. The Status/Date/Initials column shall be completed by the Permittee
during preparation of each Status Report and the Final Mitigation Report. The Permittee must identify the implementation
status of each mitigation measure, the date that status was determined, and the initials of the person determining th at status.
# Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials
Pre-project Activities
1.8 Notify CDFW Prior to Work
Minimum of 5 days before
commencing ground- or
vegetation-disturbing activities.
Permittee
2.1
Designated Biologist(s) and Biological
Monitor(s) (approval)
Minimum of 45 days before
commencing ground- or
vegetation-disturbing activities.
Permittee
2.4 Delineate Work Area Boundary Before commencing ground- or
vegetation-disturbing activities. Permittee
2.8 Educational Program Before commencing ground- or
vegetation-disturbing activities. Permittee
2.8.1 Invasive Species Education Program Before commencing ground- or
vegetation-disturbing activities. Permittee
2.33 Diversion Plan (approval) Minimum of 30 days before
commencing ground- or
vegetation-disturbing activities.
Permittee
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# Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials
2.12.2 Pre-construction Surveys Three days before commencing
ground- or vegetation-disturbing
activities.
Permittee
2.13.1 Burrowing Owl Habitat Assessment Before commencing ground- or
vegetation-disturbing activities. Permittee
2.13.2 Focused Survey for Burrowing Owls 30-60 days before commencing
ground- or vegetation-disturbing
activities.
Permittee
2.13.3 Burrowing Owl Pre-Construction Inspection Within 3 days before
commencing ground- or
vegetation-disturbing activities.
Permittee
2.13.4 Burrowing Owl Survey Results
Within 10 days of survey
completion and minimum of 21
days before commencing ground-
or vegetation-disturbing activities
Permittee
2.13.6 Burrowing Owl Plan At least 30 days before
commencing ground- or
vegetation-disturbing activities.
Permittee
2.14
Crotch’s Bumble Bee Habitat Mapping
Report Minimum of 120 days prior to
Project activities Permittee
2.15.2 Crotch’s Bumble Bee Survey Plan Minimum of 90 days prior to
Project activities Permittee
2.15.3 Crotch’s Bumble Bee Survey Results Minimum of 30 days prior to
Project activities Permittee
1.12 Work According to Plans At least 30 days before
commencing ground- or
vegetation-disturbing activities.
Permittee
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# Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials
3.2.1
Habitat Re-establishment/Rehabilitation –
Offsite Mitigation Bank
At least 30 days before
commencing ground or
vegetation distribution activities
Permittee
3.3.1 Habitat Protection (approval) Five months before commencing
ground- or vegetation-disturbing
activities.
Permittee
3.3.1.1
Mitigation Site Conservation Easement
(approval)
18 months before commencing
ground- or vegetation-disturbing
activities.
Permittee
3.3.1.2 Mitigation Site Land Manager (approval)
Four months before commencing
ground- or vegetation-disturbing
activities or six months following
the start of project activities if
security is provided.
Permittee
3.3.2
Habitat Mitigation and Monitoring Plan
(approval)
Four months before commencing
ground- or vegetation-disturbing
activities or six months following
the start of project activities if
security is provided.
Permittee
3.3.1.4
Mitigation Site Long Term Management Plan
(approval)
Three months before
commencing ground- or
vegetation-disturbing activities or
seven months following the start
of project activities if security is
provided.
Permittee
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Streambed Alteration Agreement
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# Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials
3.3.1.8 Endowment Funds Deposit (approval)
Three months before
commencing ground- or
vegetation-disturbing activities or
seven months following the start
of project activities if security is
provided.
Permittee
3.3.1.11
Transfer Long-term Endowment Funds
(approval)
Prior to commencing ground- or
vegetation-disturbing activities or
within 18 months following the
start of project activities if security
is provided.
Permittee
3.4 Security (approval) At least 30 days prior to the
initiation of project activities. Permittee
3.4.1 Draft Copy of LOC (approval) No later than 60 days prior to
initiation of project activities and
prior to execution of security.
Permittee
3.4.2 Expiration of LOC At least 60 days prior to the
expiration date. Permittee
4.1 Notification at the Start and End of Work
At least 5 days prior to initiation
of project-related activities and at
least 5 days prior to completion of
project and mitigation activities.
Permittee
4.3
Nesting Bird, Burrowing Owl, and Least Bell’s
Vireo Survey Report
At least one business day prior to
commencement of Project
activities
Permittee
EPIMS-RIV-43632-R6
Streambed Alteration Agreement
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# Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials
4.4 Nesting Bird Summary Report
On a weekly basis until there is
no further evidence of nesting
activity. If the Project results in
the abandonment of or damage
to a nest, Permittee shall notify
CDFW within 24 hours
Permittee
4.8 Diversion Plan (approval) Minimum of 30 days before
commencing ground- or
vegetation-disturbing activities.
Permittee
4.10 Onsite Resource Updates
On a monthly basis during
periods of Project activity until
Project completion or monitoring
is complete
Permittee
4.13 List of Designated Biologist(s) (approval) At least 45 days prior to initiation
of Project-related activities Permittee
4.15 Notification to CNDDB Within 5 working days of the
sightings. Permittee
During Project Operations
2.8 Excavated Areas At the end of each workday. Permittee/
Biologists
2.11.6 Reporting No less than once weekly. Permittee
2.12 Least Bell’s Vireo Approximate starting date of
March 15th Permittee
2.13.5 Burrowing Owls Observed During
Construction
During project implementation
and construction. Permittee
EPIMS-RIV-43632-R6
Streambed Alteration Agreement
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# Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials
3.1
Habitat Rehabilitation and/or Restoration –
Onsite (Mitigation Site Temporary)
Within 18 months of starting
project activities if security is
provided.
Permittee
Post-project Activities
4.10 Project Completion Report. No later than one month after the
Project is fully completed. Permittee