CALIFORNIA DEPARTMENT OF FISH WILDLIFE control products that will not entrap or harm wildlife shall...

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFENORTHERN REGION619 SECOND STREETEUREKA, CALIFORNIA 95501

LAKE OR STREAMBED ALTERATION AGREEMENTNOTIFICATION NO. 1600-2016-0329-R1Albion RiverAlbion River Watershed

1 Encroachment

Mr. Frank Demling representing California Department ofTransportationALBION BRIDGE GEOTECHNICAL INVESTIGATIONALBION RIVER WATERSHED, MENDOCINO COUNTY

This Lake or Streambed Alteration Agreement (Agreement) is entered into between theCalifornia Department of Fish and Wildlife (CDFW) and Mr. Frank Demling (Permittee)representing the California Department of Transportation (Caltrans).

RECITALS

WHEREAS, pursuant to Fish and Game Code (FGC) section 1602, Permittee notifiedCDFW on July 18, 2016, that Permittee intends to complete the project describedherein.

WHEREAS, pursuant to FGC section 1602, CDFW has determined that the projectcould substantially adversely affect existing fish or wildlife resources and has includedmeasures in the Agreement necessary to protect those resources.

WHEREAS, Permittee has reviewed the Agreement and accepts its terms andconditions, including the measures to protect fish and wildlife resources.

NOW THEREFORE, Permittee agrees to complete the project in accordance with theAgreement.

PROJECT LOCATION

The project is located near State Route 1 in the town of Albion; affecting the AlbionRiver, in the County of Mendocino, State of California; Section 21, Township 16N,Range 17W; Mt. Diablo Base and Meridian, in the Albion, Calif. 7.5-minute quadrangle,U.S. Geological Survey (USGS) map (Latitude/Longitude -123.769, 39.226, NAD 83).

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PROJECT LOCATION

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PROJECT DESCRIPTION

The project consists of one encroachment: drilling bore holes 5-6 inches in diameterand approximately 150 feet deep as part of a geotechnical investigation related to futurereplacement of the Albion River Bridge. The encroachment location is identified inCaltrans project documents as Drill Site 4.

PROJECT IMPACTS

Existing fish or wildlife resources the project could substantially adversely affect include:steelhead trout (Oncorhynchus mykiss irideus), coho salmon (O. kisutch), eelgrass(Zostera marina), nesting birds, and other aquatic and riparian species.


The adverse effects the project could have on the fish or wildlife resources identifiedabove include: direct and/or incidental take, damage to spawning and/or rearinghabitat, increased sedimentation, disruption to nesting birds, and potential cumulativeimpacts.

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, anyextensions and amendments to the Agreement, and all related notificationmaterials and California Environmental Quality Act (CEQA) documents, readilyavailable 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 ofthe Agreement and any extensions and amendments to the Agreement to allpersons who will be working on the project at the project site on behalf ofPermittee, including but not limited to contractors, subcontractors, inspectors, andmonitors.

1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permitteedetermines or learns that a provision in the Agreement might conflict with aprovision imposed on the project by another local, state, or federal agency. In thatevent, CDFW shall contact Permittee to resolve any conflict.

1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the projectsite to verify compliance with the Agreement.

1.5 CDFW Notification of Work Initiation and Completion. The Permittee shall contactCDFW within the 7-day period preceding the beginning of work permitted by thisAgreement. Information to be disclosed shall include Agreement number, and theanticipated start date. Subsequently, the Permittee shall notify CDFW no laterthan 7 days after the project is fully completed.

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.

2.1 Listed Species. This Agreement does not allow for the take, or incidental take ofany state or federal listed threatened, endangered or candidate species.


2.2 Permitted Project Activities. Except where otherwise stipulated in this Agreement,all work shall be in accordance with the forms, work plans, maps and drawingssubmitted with Notification No. 1600-2016-0329-R1, as modified or amended onJuly 18, 2016. This agreement pertains to one encroachment on the Albion Riverwithin Assessor Parcel Number 123-040-07.

2.3 Work Period. All work shall be confined to the period June 15 through October 15of each year. Work may be conducted near the stream during the late seasonwork period October 15 through November 1, provided adherence to all conditionsin this Agreement and a) - c) below:

a) The Permittee shall complete any unfinished encroachment work, includingerosion control measures, within 24 hours of CDFW directing the Permittee todo so.

b) Prior to any work at a site, the Permittee shall stock-pile erosion controlmaterials at the site. All bare mineral soil exposed in conjunction withcrossing construction, deconstruction, maintenance or repair or removal shallbe treated for erosion immediately upon completion of work on the crossing,and prior to the onset of precipitation capable of generating runoff.

c) When a 7-day National Weather Service forecast of rain includes a minimumof 5 consecutive days with any chance of precipitation, 3 consecutive dayswith a 30% or greater chance of precipitation, or 2 consecutive days of 50%or greater chance of precipitation, the Permittee shall finish work underway atencroachment and refrain from starting any new work at encroachment priorto the rain event.

2.4 Erosion and Sediment Control. Adequate and effective erosion control andsiltation control measures shall be used where necessary to prevent sediment andturbid and/or silt-laden water from entering any stream. All bare mineral soil withinthe stream zone that was created by the project shall be treated for erosion prior tothe onset of precipitation capable of generating run-off or the end of the yearlywork period, whichever comes first. Restoration shall include using native slash orseeding and mulching of all bare mineral soil exposed in conjunction withencroachment work. No known invasive grass seed shall be used such as annualor perennial ryegrass ( Lolium multiflorum orL. perenne, which are now referred toas Festuca perennis).

2.5 Wildlife Safe Products Only. Only wildlife-friendly 100 percent biodegradableerosion control products that will not entrap or harm wildlife shall be used. Erosioncontrol products shall not contain synthetic (e g., plastic or nylon) netting.Photodegradable synthetic products are not considered biodegradable.


2.6 Site Maintenance. The Permittee shall provide site maintenance including, but notlimited to, re-applying erosion control to minimize surface erosion and ensuringdrainage structures, streambeds and banks remain sufficiently armored and/orstable.

2.7 Clean-up. Structures and associated materials not designed to withstand highseasonal flows shall be removed to areas above the ordinary high water markbefore such flows occur or the end of the yearly work period, whichever comesfirst.

2.8 Equipment Refueling. Refueling of equipment and vehicles and storing, adding ordraining lubricants, coolants or hydraulic fluids shall not take place within oradjacent to any stream. All such fluids and containers shall be disposed ofproperly. Heavy equipment parked within or adjacent to the stream shall use drippans or other devices (e.g., absorbent blankets, sheet barriers or other materials)as needed to prevent soil and water contamination.

2.9 Spill Preparation. All activities performed in the field which involve the use ofpetroleum or oil based substances shall employ absorbent material designated forspill containment and clean up activity on site for use in case of accidental spill.Clean-up of all spills shall begin immediately. The Permittee shall immediatelynotify the State Office of Emergency Services at 1-800-852-7550. CDFW shall benotified by the Permittee and consulted regarding clean-up procedures.

2.10 Hazardous Substances. No debris, soil, silt, sand, bark, slash, sawdust, rubbish,cement or concrete washings, oil or petroleum products, or other organic orearthen material from construction work, or associated activity of whatever natureshall be allowed to enter into, or be placed where it may be washed by rainfall orrunoff into Waters of the State. When operations are completed, any excessmaterials or debris shall be removed from the work area. (Not applicable tomaterial installed permanently or temporarily as part of the project activities).

2.11 Turbiditv/Siltation. Upon CDFW determination that turbidity/siltation levelsresulting from project related activities constitute a threat to aquatic life, activitiesassociated with the turbidity/siltation, shall be halted until effective CDFW-approved control devices are installed, or abatement procedures are initiated.

2.12 Vegetation Removal. Disturbance or removal of vegetation shall not exceed theminimum necessary to complete operations.

2.13 Nesting Birds. Nesting birds or occupied nests shall not be disturbed or disruptedby project activities.


SITE-SPECIFIC CONDITIONS

2.14 Project Limitations. In-water operations are not authorized under this Agreement.

2.15 Season of Vegetation Removal. If feasible, removal of vegetation shall occur afterAugust 31 and before February 1 to avoid impacts to nesting birds. If vegetationmust be removed during the nesting season (February 1 to August 31), nestsurveys shall be conducted prior to tree removal (see Measure 2.16).

2.16 Removal of Vegetation During Fall/Winter Months Vegetation may be removedbetween February 1 and August 31 provided that Permittee has a biologist orother qualified professional survey the proposed work area to verify the absence ofnesting birds. The detailed survey shall be submitted to CDFW for review andcomment prior to commencement of vegetation removal.

3. Reporting Measures

Permittee shall meet each reporting requirement described below.

3.1 CDFW Staff Contact. To comply with Measure 1.5 above, Permittee shall notifyCDFW, in writing, at least seven (7) days prior to initiation of construction (project)activities and at least seven (7) days prior to completion of construction (project)activities. Notification shall be faxed to CDFW at (707) 441-2021, Attn: AngelaLiebenberg, Environmental Scientist, or via e-mail [email protected].

3.2 CDFW Spill Contact. To comply with Measure 2.9 above, Permittee shallimmediately notify CDFW if a significant spill of petroleum based substanceoccurs. Initial notification shall be provided by phone to Angela Liebenberg,Environmental Scientist at (707) 964-4830. If Angela Liebenberg cannot bereached, notification shall be provided by phone to the CDFW Eureka Office at(707) 445-6493.

CONTACT INFORMATION

Any communication that Permittee or CDFW submits to the other shall be in writing andany communication or documentation shall be delivered to the address below by U.S.mail, fax, or email, or to such other address as Permittee or CDFW specifies by writtennotice to the other.


To Permittee:

Mr. Frank DemlingCalifornia Department of Transportation1656 Union StreetEureka, CA [email protected]

To CDFW:

California Department of Fish and WildlifeRegion 1619 Second Street, Eureka, California 95501Attn: Lake and Streambed Alteration Program -Angela LiebenbergNotification #1600-2016-0329-R1Fax: 707-441-2021E-mail: [email protected]

LIABILITY

Permittee shall be solely liable for any violations of the Agreement, whether committedby Permittee or any person acting on behalf of Permittee, including its officers,employees, representatives, agents or contractors and subcontractors, to complete theproject or any activity related to it that the Agreement authorizes.

This Agreement does not constitute CDFW’s endorsement of, or require Permittee toproceed 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 thatPermittee or any person acting on behalf of Permittee, including its officers, employees,representatives, agents, or contractors and subcontractors, is not in compliance with theAgreement.

Before CDFW suspends or revokes the Agreement, it shall provide Permittee writtennotice by certified or registered mail that it intends to suspend or revoke. The noticeshall state the reason(s) for the proposed suspension or revocation, provide Permitteean opportunity to correct any deficiency before CDFW suspends or revokes theAgreement, and include instructions to Permittee, if necessary, including but not limitedto a directive to immediately cease the specific activity or activities that caused CDFWto issue the notice.


ENFORCEMENT

Nothing in the Agreement precludes CDFW from pursuing an enforcement actionagainst Permittee instead of, or in addition to, suspending or revoking the Agreement.

Nothing in the Agreement limits or otherwise affects CDFW's enforcement authority orthat 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 andsubcontractors, from obtaining any other permits or authorizations that might berequired under other federal, state, or local laws or regulations before beginning theproject or an activity related to it.

This Agreement does not relieve Permittee or any person acting on behalf of Permittee,including its officers, employees, representatives, agents, or contractors andsubcontractors, from complying with other applicable statutes in the FGC including, butnot limited to, FGC §§ 2050 et seq. (threatened and endangered species), 3503 (birdnests and eggs), 3503.5 (birds of prey), 5650 (water pollution), 5652 (refuse disposalinto water), 5901 (fish passage), 5937 (sufficient water for fish), and 5948 (obstructionof stream).

Nothing in the Agreement authorizes Permittee or any person acting on behalf ofPermittee, including its officers, employees, representatives, agents, or contractors andsubcontractors, to trespass.

AMENDMENT

CDFW may amend the Agreement at any time during its term if CDFW determines theamendment is necessary to protect an existing fish or wildlife resource.

Permittee may amend the Agreement at any time during its term, provided theamendment is mutually agreed to in writing by CDFW and Permittee. To request anamendment, Permittee shall submit to CDFW a completed CDFW “Request to AmendLake or Streambed Alteration” form and include with the completed form payment of thecorresponding amendment fee identified in CDFW’s current fee schedule (see Cal.Code Regs., title 14, § 699.5).

TRANSFER AND ASSIGNMENT

This Agreement may not be transferred or assigned to another entity, and any purportedtransfer 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 specifiedbelow, and thereafter CDFW approves the transfer or assignment in writing.

The transfer or assignment of the Agreement to another entity shall constitute a minoramendment, and therefore to request a transfer or assignment, Permittee shall submitto CDFW a completed CDFW “Request to Amend Lake or Streambed Alteration” formand include with the completed form payment of the minor amendment fee identified inCDFW’s current fee schedule (see Cal. Code Regs., title 14, § 699.5).

EXTENSIONS

In accordance with FGC § 1605(b), Permittee may request one extension of theAgreement, provided the request is made prior to the expiration of the Agreement’sterm. To request an extension, Permittee shall submit to CDFW a completed CDFW“Request to Extend Lake or Streambed Alteration” form and include with the completedform payment of the extension fee identified in CDFW’s current fee schedule (see Cal.Code Regs., title 14, § 699.5). CDFW shall process the extension request inaccordance with FGC 1605(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 orcontinuing the project the Agreement covers (FGC § 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 requirementsunder the California Environmental Quality Act (CEQA); and 3) after payment of theapplicable FGC § 711.4 filing fee listed athttp://www.widlife.ca.qov/habcon/ceaa/ceqa chanqes.html.

TERM

This Agreement shall expire five years after the date the Agreement is fully executed,unless it is terminated or extended before then. All provisions in the Agreement shallremain in force throughout its term. Permittee shall remain responsible forimplementing any provisions specified herein to protect fish and wildlife resources afterthe Agreement expires or is terminated, as FGC section 1605(a)(2) requires.

EXHIBITS

No Exhibits.


AUTHORITY

If the person signing the Agreement (signatory) is doing so as a representative ofPermittee, the signatory hereby acknowledges that he or she is doing so on Permittee’sbehalf and represents and warrants that he or she has the authority to legally bindPermittee to the provisions herein.

AUTHORIZATION

This Agreement authorizes only the project described herein. If Permittee begins orcompletes a project different from the project the Agreement authorizes, Permittee maybe subject to civil or criminal prosecution for failing to notify CDFW in accordance withFGC section 1602.

CONCURRENCE

The undersigned accepts and agrees to comply with all provisions contained herein.

Senior Environmental Scientist Supervisor

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Prepared by: Angela LiebenbergEnvironmental Scientist8/25/2016

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