12._CDFW_Streambed_Alt_Agrmnt_240222.pdf

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

REGION 4 - CENTRAL REGION

1234 EAST SHAW AVENUE

FRESNO, CALIFORNIA 93710

STREAMBED ALTERATION AGREEMENT

NOTIFICATION NO. EPIMS SLO-47305-R4

UNNAMED TRIBUTARIES TO DAIRY CREEK AND CHORRO CREEK – SAN LUIS

OBISPO COUNTY

CALIFORNIA MILITARY DEPARTMENT

BRIAN WOODS

9800 GOETHE ROAD

SACRAMENTO, CALIFORNIA 95827

CAMP SAN LUIS OBISPO RANGE ROADS REPAIR PROJECT (PROJECT)

This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and the California Military Department (Permittee), represented by Brian Woods.

RECITALS

WHEREAS, pursuant to Fish and Game Code section 1602, Permittee notified CDFW on February 22, 2024, 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 Protective Measures in this Agreement necessary to protect those resources.

WHEREAS, Permittee has reviewed this Agreement and accepts its terms and conditions, including the Protective Measures to protect fish and wildlife resources.

NOW THEREFORE, Permittee agrees to complete the Project in accordance with this Agreement.

PROJECT LOCATION

The Project will occur at 10 locations within unnamed tributaries to Dairy Creek and Chorro Creek along Range Road and San Benito Road in Camp San Luis Obispo, approximately 2.2 miles northwest of the City of San Luis Obispo, San Luis Obispo County, State of California (Figure 1). Location information for each Project location is provided in Table 1 below.

Docusign Envelope ID: 0E899C58-BD26-4452-BC04-154D1E9E57B1

Notification No. EPIMS-SLO-47305-R4 Streambed Alteration Agreement

Table 1. Project Site Locations.

Site No.

Project Site Name

Affected Water Body

Latitude Longitude Assessor’s

Parcel Number

1 Culvert J Unnamed Tributary to Dairy Creek

35.340622 -120.716736 073-231-003

2 Culvert A Unnamed Tributary to Dairy Creek

35.340428 -120.716431 073-231-003

3 Culvert B Unnamed Tributary to Chorro Creek

35.34235 -120.70555 073-231-004

4 Culvert C Unnamed Tributary to Chorro Creek

35.342061 -120.70363 073-231-004

5 Culvert D Unnamed Tributary to Chorro Creek

35.341947 -120.702828 073-231-004

6 Culvert E Unnamed Tributary to Chorro Creek

35.343333 -120.696711 073-231-004

7 Culvert G Unnamed Tributary to Chorro Creek

35.34105 -120.69223 073-231-004

8 Culvert I Unnamed Tributary to Chorro Creek

35.339186 -120.702186 073-231-004

9 Culvert H Unnamed Tributary to Chorro Creek

35.332036 -120.707058 073-231-006

10 Mitigation Unnamed Tributary to Chorro Creek

35.330880 -120.701658 073-231-006

PROJECT DESCRIPTION

The Project includes activities related to culvert crossing improvement at nine locations along Range Road and San Benito Road (see Figure 2) and one mitigation area in Camp San Luis Obispo within unnamed tributaries to Dairy Creek and Chorro Creek.

Project activities will include grading, tree trimming and tree removal, headwall and culvert removal, new headwall and culvert installation, culvert concrete collar joint installation, rock slope protection (RSP) installation, revegetation, and native species planting and maintenance. Project activities will occur under dry stream conditions, between June 1 and October 31 or outside this work window for vegetation removal activities, with the exception that vegetation planting and seeding may occur during wet season conditions.

Site 1 – Culvert J: Grading, Culvert Replacement, RSP Installation An area of approximately 0.006 acre will be graded using an excavator and/or backhoe.

Approximately 76 cubic yards of native soil will be excavated to remove the existing 40-foot long and 36-inch diameter corrugated metal pipe culvert, in an area approximately 70 feet long by four feet wide by three feet deep. A new 40-foot long and 36-inch diameter high-density polyethylene (HDPE) pipe culvert with flared end sections will be installed with RSP at the culvert inlet and outlet. The new culvert will be backfilled with 49 cubic yards of native soil. Each RSP feature will measure approximately 15 feet long by 10 feet wide by three feet deep using approximately 33 cubic yards in total of 12-inch to 24-inch diameter angular rock over filter fabric.

Site 2 – Culvert A: Grading and RSP Installation An area of approximately 0.129 acre will be graded using an excavator and/or backhoe at the outlet of the existing culvert to expose the buried culvert and remove 300 cubic yards of accumulated sediment to allow free flow in the stream channel. Grading will also occur along the road adjacent to the culvert to widen and improve the road leading to the culvert. The graded area will be approximately 80 feet long by 70 feet wide by two feet deep. RSP will be installed at the culvert inlet and outlet, with each area measuring approximately 15 feet long by 10 feet wide by three feet deep. The RSP will consist of approximately 42 cubic yards in total of 12-inch to 24-inch diameter angular rock over filter fabric.

Site 3 – Culvert B: Grading, Culvert and Headwall Replacement, and RSP Installation An area of approximately 0.029 acre will be graded using an excavator and/or backhoe, Approximately 28 cubic yards of native soil will be excavated to remove the existing 50-foot long and 36-inch diameter corrugated metal pipe culvert and concrete headwall.

Grading will also occur along the road adjacent to and downstream of the culvert to widen and improve the road leading to the culvert. The graded area will be approximately 85 feet long by 15 feet wide by 10 feet deep. A new 50-foot long and 36-inch diameter HDPE pipe culvert, a new pre-cast concrete single headwall on the upstream end of the culvert, and RSP features at the culvert inlet and outlet will be installed. The new culvert will be backfilled with 54 cubic yards of native soil. A new pre-cast headwall measuring approximately 4.75 feet high by 12 feet long by 9 inches thick will be installed and anchored by a footing approximately 12 feet long by 2 feet wide by 8 inches thick. Each RSP area will measure approximately 15 feet long by 10 feet wide by 3 feet deep using 34 cubic yards in total of 12-inch to 24-inch diameter angular rock over filter fabric.

Site 4 – Culvert C: Grading, Culvert and Headwall Replacement, and RSP Installation An area of approximately 0.035 acre will be graded using an excavator and/or backhoe.

Approximately 98 cubic yards of native soil will be excavated to remove the existing 55-foot long and 36-inch diameter corrugated metal pipe culvert and concrete headwall.

Grading will also occur along the road adjacent to and upstream and downstream of the culvert to widen and improve the road leading to the culvert. The graded area will be approximately 85 feet long by 18 feet wide by 13 feet deep. A new 55-foot long and 36-inch diameter HDPE pipe culvert, a new pre-cast concrete single headwall on the upstream end of the culvert, and RSP features will be installed at the culvert inlet and outlet. The new culvert will be backfilled with 207 cubic yards of native soil. A new pre-cast concrete headwall measuring approximately 4.75 feet high by 12 feet long by 9 inches thick will be installed and anchored by a footing approximately 12 feet long by 2 feet wide by 8 inches thick. The RSP features will each measure approximately 15 feet long by 10 feet wide by 3 feet deep and will consist of approximately 33 cubic yards in total of 12-inch to 24-inch diameter angular rock over filter fabric.

Site 5 – Culvert D: Grading, Culvert and Headwall Replacement, RSP Installation, and Tree Trimming and/or Removal An area of approximately 0.045 acre will be graded using an excavator and/or backhoe.

Approximately 444 cubic yards of native soil will be excavated to remove the existing

68-foot long and 48-inch diameter corrugated metal pipe culvert and concrete headwall.

Grading will also occur along the road adjacent to and downstream of the culvert to widen and improve the road leading to the culvert. The graded area will be approximately 98 feet long by 20 feet wide by 15 feet deep. Up to 28 trees will be trimmed or removed from areas up to 60 feet upstream from the culvert inlet and 30 feet downstream from the culvert outlet. A new 68-foot long and 48-inch HDPE pipe culvert, a new pre-cast concrete single headwall on the upstream end of the culvert, and RSP features at the culvert inlet and outlet will be installed. The new culvert will be backfilled with 589 cubic yards of native soil. A new pre-cast headwall will be approximately 5.75 feet high by 15 feet long by 9 inches thick, and anchored by a footing approximately 15 feet long by 2 feet wide by 8 inches thick. The RSP features will each measure approximately 15 feet long by 10 feet wide by three feet deep and will consist of approximately 33 cubic yards in total of 12-inch to 24-inch diameter angular rock over filter fabric.

Site 6 – Culvert E: Tree Trimming Up to six trees will be trimmed in an area of 15 feet by 15 feet upstream from the culvert inlet to allow free flow in the stream channel into the culvert. Trimmed limbs will be up to four inches in diameter. No trees will be removed from this site.

Site 7 – Culvert G: Grading, Culvert and Headwall Replacement, and RSP Installation An area of approximately 0.014 acre will be graded using an excavator and/or backhoe.

Approximately 45 cubic yards of native soil will be excavated to remove the existing 30-foot long and 18-inch diameter corrugated metal pipe culvert and concrete headwall.

Grading will also occur along the road adjacent to and downstream of the culvert to widen and improve the road leading to the culvert. The graded area will be approximately 60 feet long by 10 feet wide by six feet deep. A new 30-foot long and 18-inch diameter HDPE pipe culvert, a new pre-cast concrete single headwall on the upstream end of the culvert, and RSP features at the culvert inlet and outlet will be installed. The new culvert will be backfilled with 42 cubic yards of native soil. A new pre-cast headwall will be approximately 3.25 feet high by 7 feet long by 9 inches thick, and anchored by a footing approximately 7 feet long by 2 feet wide by 8 inches thick. The RSP features will each measure approximately 15 feet long by 10 feet wide by 3 feet deep and will consist of approximately 30 cubic yards in total of 12-inch to 24-inch diameter angular rock over filter fabric.

Site 8 – Culvert I: Grading, RSP Installation, and Tree Trimming and/or Removal An area of approximately 0.003 acre will be graded using an excavator and/or backhoe to excavate approximately 133 cubic yards of native soil in preparation to install RSP features at the culvert inlet and outlet. The graded area will be approximately 30 feet long by 4 feet wide by 3 feet deep. will be excavated to install the new rock slope protection features. Up to seven trees will be trimmed or removed from areas up to 30 feet upstream from the culvert inlet and 30 feet downstream from the culvert outlet. The RSP features will each measure approximately 15 feet long by 10 feet wide by 3 feet deep and will consist of approximately 33 cubic yards in total of 12-inch to 24-inch diameter angular rock over filter fabric.

Site 9 – Culvert H: Grading, Culvert Replacement, Collar Joint and Rock Slope Protection Installation, and Tree Trimming and/or Removal An area of approximately 0.003 acre will be graded using an excavator and/or backhoe.

Approximately 25 cubic yards of native soil will be excavated to remove the existing 7-foot long and 48-inch diameter portion of the corrugated metal pipe culvert. The graded area will be approximately 22 feet long by 6 feet wide by 6 feet deep. Up to four trees will be trimmed or removed from an area up to 10 feet downstream from the culvert outlet. A new 7-foot long and 48-inch diameter HDPE pipe culvert section, a new concrete collar joint to connect the new culvert section to the existing section, and a RSP feature at the culvert outlet will be installed. The new culvert section will be backfilled with eight cubic yards of native soil. Approximately one cubic yard of concrete will be poured to construct the new culvert concrete collar joint. The RSP features will each measure approximately 15 feet long by 10 feet wide by 3 feet deep and will consist of approximately 17 cubic yards of 12-inch to 24-inch diameter angular rock over filter fabric.

Site 10 – Mitigation: Fencing, Invasive Species Removal, and Native Species Planting and Seeding Mitigation seeding and planting will occur in a 0.255-acre area along approximately 480 linear feet of a stream east of Site 9 (the planting area is shown generally in Figure 3).

Invasive species listed as “high” by the California Invasive Plant Council will be identified and removed manually and using hand tools from Site 10. Herbicides will not be used. Seeding and planting will include locally native compensatory plantings for trees and other vegetation removed from Sites 1 through 9, as required by this Agreement. Installed vegetation may include willow (Salix sp.) cuttings salvaged from trees removed or trimmed within Project sites as well as locally-sourced container plantings to replace trees. Woody understory plantings, herbaceous plants, and seeding will also be installed, including species such as California blackberry (Rubus ursinus), California wild rose (Rosa californica), blue elderberry (Sambucus mexicana), California mugwort (Artemisia douglasiana), coyote bush (Baccharis pilularis), deergrass (Muhlenbergia rigens), and western vervain (Verbena lasiostachys) and plugs such as common bog rush (Juncus effusus), spike rush (Eleocharis macrostachya), and spreading rush (J. patens).

Container plantings will be installed in a natural clumped pattern in planting pits approximately twice the depth and diameter of the container. Coarse organic mulch may be placed around container plantings installed on stream banks. Willow cuttings will be harvested from removed plants or live plants from Project sites, or local stock will be obtained from a local native plant supplier. Cuttings will be approximately 0.5 to one inch in diameter and two to three feet long, harvested during the plants’ natural dormant period or immediately following bud break in the early spring, and planted within 24 hours of harvest. Cuttings may be placed with the lower end, including at least one node, in water, and may also be dipped in a rooting hormone prior to installation.

Cuttings will be installed vertically in planting holes excavated using hand tools or an auger with approximately two thirds of the cutting length buried in the ground. Each planting hole will be filled with water, covered with soil, and firmly compacted following cutting placement. Cuttings will be planted in clusters of three along the lower two thirds of the stream banks. Seeding and planting will occur between late fall and winter following the onset of precipitation. Supplemental irrigation may be provided as necessary by hand using a water truck or water buffalo and hose.

Maintenance of installed vegetation may include weeding, supplemental irrigation, and remedial native planting and/or seeding if needed. Maintenance will occur at least four times during the first year post planting, at least twice during the second year post planting, and at least once a year in years three, four and five post planting.

Erosion Control Erosion control measures including installation of fiber rolls and coconut coir matting will be implemented throughout all Project sites. The top six to 10 inches of soil in impacted areas will be scraped using a front-end loader or similar equipment and temporarily stockpiled outside of the stream. All temporarily disturbed areas will be restored to pre- Project conditions, including the application of salvaged topsoil and revegetation with a native seed mix. A native erosion control seed mix will also be applied through hand broadcasting or hydroseeding.

Access, Staging, Stockpiling, and Equipment Construction access will be limited to existing roads, with the exception that Site 10 will be accessed through overland travel that will not enter streams. Temporary staging areas will be located outside of streams southwest of the Kern Avenue and San Benito Road intersection and within Alpha Range. A temporary stockpiling area will be located outside of streams within Echo Range northwest of Site 3 (see Figure 2). Equipment required to complete the Project includes an excavator, backhoes, front-end loader, asphalt truck, graders, rollers, dump trucks, contractor trucks, and hand tools.

PROJECT IMPACTS

The Project will result in temporary impacts of up to 0.671 acre along 290 linear feet of streams, associated with vegetation removal and grading for construction activities. The Project will also impact approximately 0.255 acre along 480 linear feet of streams for culvert and headwall replacement and RSP and culvert concrete collar joint installation.

This Agreement is intended to avoid, minimize, and mitigate adverse impacts to the fish and wildlife resources that occupy the Project area and adjacent habitat. Absent implementation of the Protective Measures required by this Agreement, the species presented in Table 2, as well as other species of birds, mammals, fish, reptiles, amphibians, invertebrates, and plants that compose the local riparian ecosystem could potentially be impacted by the Project.

Project activities will impact a total of 0.926 acre of vegetation, including species such as iris-leaved rush (Juncus xiphioides), spreading rush, spike rush, hyssop loosestrife (Lythrum hyssopifolia), Italian rye grass (Festuca perennis), English plantain (Plantago lanceolata), and Bermuda grass (Cynodon dactylon). Up to 39 arroyo willow (Salix lasiolepis) and coast live oak (Quercus agrifolia var. agrifolia) trees in total will be also removed or trimmed at Sites 5, 8, and 9, and up to six trees will be trimmed at Site 6 (see Table 3).

Table 2. Special Status Species with Potential to be Impacted by the Project.

CRPR = California Rare Plant Rank; C = Candidate for Listing; T = Threatened; SSC = Species of Special Concern;

PT = Proposed for Listing as Threatened; E = Endangered; FP = Fully Protected

Species Names (Scientific, Common) CRPR Federal Status

State Status

Plants

Calochortus clavatus var. clavatus Club-haired mariposa lily 4.3 - -

Calystegia subacaulis ssp. episcopalis Cambria morning glory 4.2 - -

Castilleja densiflora var. obispoensis San Luis Obispo owl's clover 1B.2 - -

Chorizanthe palmeri Palmer's spineflower 4.2 - -

Delphinium parryi ssp. eastwoodiae Eastwood’s larkspur 1B.2 - -

Dudleya abramsii ssp. murina Mouse-gray dudleya 1B.1 - -

Dudleya blochmaniae Blochman's dudleya 1B.1 - -

Animals

Bombus crotchii Crotch’s bumble bee - - C

Danaus plexippus Western monarch - C -

Rana draytonii California red-legged frog - T SSC

Actinemys pallida Southwestern pond turtle - PT SSC

Taricha torosa torosa Coast range newt - - SSC

Thamnophis hammondii Two-striped garter snake - - SSC

Anniella pulchra Northern California legless lizard - - SSC

Phrynosoma blainvillii Coast horned lizard - - SSC

Vireo bellii pusillus Least Bell’s vireo - E E

Empidonax traillii Willow flycatcher - - E

Aquila chrysaetos Golden eagle - - FP

Elanus leucurus White-tailed kite - - FP

Athene cunicularia Burrowing owl - - SSC

Circus hudsonius Northern harrier - - SSC

Lanius ludovicianus Loggerhead shrike - - SSC

Ammodramus savannarum Grasshopper sparrow - - SSC

Setophaga petechia Yellow warbler - - SSC

Icteria virens Yellow-breasted chat - - SSC

Neotoma macrotis luciana Monterey dusky-footed woodrat - - SSC

Taxidea taxus American badger - - SSC

Antrozous pallidus Pallid bat - - SSC

Lasiurus frantzii Western red bat - - SSC

Corynorhinus townsendii Townsend’s big-eared bat - - SSC

Table 3. Trees to be Removed or Trimmed.

Site No.

Diameter at Breast Height

(inches) Species

Number of Trees to be Removed or Trimmed

Number of Trees to be Trimmed

8 to 20 Arroyo willow 11

Coast live oak 2

24 to 45 Arroyo willow 9

Coast live oak 6

16 to 20

Coast live oak 2

Arroyo willow 3

26 Coast live oak 1

8 to 20 Coast live oak 1

Arroyo willow 3

25 to 40 Coast live oak 2

Arroyo willow 1

12 to 20

Coast live oak 2

Arroyo willow 1

25 Coast live oak 1

Total 39 6

The Project could also result in impacts to fish and wildlife resources from sedimentation and erosion resulting from ground disturbing activity; disturbed soils being carried downstream by subsequent flows, relocated, and re-deposited in areas used by fish and wildlife; direct impacts including mortality caused by crushing of vegetation or of subterranean wildlife habitats; crushing of vegetation that provides nesting, denning, foraging, or cover habitat for wildlife and its prey; introduction of non-native species from equipment, tools, and machinery used previously at other locations;

vehicle or equipment leaks or accidental spills of petroleum hydrocarbons (fuels and lubricating oils) resulting in contamination of stream sediments and deleterious substances being carried downstream during subsequent flows; pollution caused by dirty or contaminated equipment, or from concrete cement; impacts of fugitive dust generated by Project activity and settling on vegetation and other habitat features; and noise, vibration, and other disturbance-related changes in wildlife behavior, resulting in nest abandonment, increased predation, reduced foraging efficacy, and other behavioral changes.

MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES

1 Administrative Measures

Permittee shall meet each administrative Protective Measure described below.

1.1 Documentation at Project Site. Permittee shall make this Agreement, any extensions and amendments to this 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 this Agreement and any extensions and amendments to this 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 Protective Measure in this 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 this Agreement.

1.5 Legal Obligations. This Agreement does not exempt Permittee from complying with all other applicable local, State, and federal law, or other legal obligations.

1.6 Unauthorized Take.

(a) This Agreement does not authorize the take (defined in Fish & G. Code, §86 as to hunt, pursue, catch, capture, or kill; or attempt to hunt, pursue, catch, capture, or kill) of State- or federally listed threatened, endangered, and candidate species. Any such take shall require separate permitting. Liability for any take of such listed species remains the separate responsibility of Permittee for the duration of the Project.

(b) Permittee shall take prudent measures to ensure that all take of threatened, endangered, and candidate species is avoided. Permittee acknowledges and fully understands that it does not have State incidental take authority.

Permittee shall immediately notify CDFW of the discovery of any threatened, endangered, or candidate species prior to and during Project implementation.

1.7 Property Not Owned by Permittee. To the extent that the Protective Measures of this Agreement provide for activities on another owner’s property, they are agreed to with the understanding that Permittee shall first acquire the legal right to enter.

1.8 Work Schedule. Permittee shall submit a work schedule to CDFW at least seven days prior to beginning activities covered by this Agreement and within seven days of any changes to the work schedule. Permittee shall also notify CDFW upon the completion of the activities covered by this Agreement in an Annual Project Report (Reporting Measure 4.2(s)).

1.9 Training. Prior to starting Project activity, all employees, contractors, and visitors who will be present during Project activities shall receive training from a qualified individual on the contents of this Agreement, the resources at stake, and the legal consequences of non-compliance. Permittee shall maintain a sign-in sheet that includes the printed and signed name of each attendee, in addition to the name and qualifications of the person providing training, a copy of training materials, and the date of the training. Permittee shall provide these training documents to CDFW within seven days of each training.

2 Avoidance and Minimization Measures

To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each Protective Measure listed below.

2.1 Timing of Work.

(a) All work activities shall be confined to daylight hours, defined as that daytime period between sunrise and sunset.

(b) Project activity shall occur during the season work season of June 1 to October 31. Project activities to complete crossing improvements may require multiple work seasons to complete but activity within each location shall be completed in one season.

2.2 Flagging. Prior to the start of Project activity, Permittee shall identify the limits of the required access routes and encroachment into the stream. These “work area” limits shall be identified with brightly-colored flagging. Work completed under this Agreement shall be limited to this defined area only. Flagging shall be maintained for the duration of Project activity and removed immediately upon completion of Project activity. All stream areas beyond the identified work area limits shall be considered Environmentally Sensitive Areas and shall not be disturbed.

2.3 Listed Species and Other Special Status Species.

(a) Pre-Activity Surveys. Pre-activity surveys for potential rare, listed, or other special status species shall be conducted by a qualified biologist within 14 days prior to the start of work at each location. Surveys shall be conducted within the work area and all access routes to avoid and minimize take, confirm previous observations, identify any areas occupied by listed or other sensitive status species, and clearly mark all resources to be avoided by Project activities. A Pre-Activity Survey Report shall be submitted to CDFW within seven days of completing surveys. If any State- or federally listed threatened, endangered, or candidate species are found or could be impacted by the Project, Permittee shall notify CDFW of the discovery immediately and work shall not begin or continue until CDFW provides written authorization.

An amended Agreement and/or a State Incidental Take Permit pursuant to Fish and Game Code section 2081, subdivision (b), and a new CEQA analysis may be necessary before the Project can begin.

(b) Reporting Observations to CNDDB. If detections of any listed or other special status species are made during required surveys or during Project implementation, Permittee shall submit California Natural Diversity Data Base

(CNDDB) forms to the CNDDB via the online field survey form system (https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data#44524419-online-field-survey-form) for all detections and provide copies of the CNDDB forms in the Annual Project Report (Reporting Measure 4.2(r)(iii)).

(c) Crotch’s Bumble Bee. A qualified biologist shall conduct a survey for Crotch’s bumble bee using a CDFW-approved protocol (https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=213150&inline) to detect bees and potential nesting sites during the vegetation blooming period immediately prior to commencing Project activities at each location. Permittee acknowledges that this Agreement does not authorize take of Crotch’s bumble bee for identification. Permittee shall submit survey reporting to CDFW at least seven days prior to commencing the Project activity. If Crotch’s bumble bees and/or a nest are detected, Permittee shall halt work immediately or shall not commence work, whichever situation applies, and contact CDFW within 24 hours to develop adequate take avoidance measures for approval prior to the start of Project activity. If a nest is observed during surveys or at any time during the Project, take avoidance measures shall include protection for overwintering queens. If avoidance of take is not feasible, Permittee is advised that a State Incidental Take Permit for Crotch’s bumble bee would be warranted prior to commencing or resuming the Project.

(d) Western Monarch. If any Project activity will commence during the monarch breeding period of March 15 to October 31, a qualified biologist shall survey the work area and a 25-foot buffer within seven days prior to Project activity for milkweed plants (Asclepias spp.). All milkweed plants and other plants up to 30 feet from milkweed stands shall be inspected for monarch early life stages (eggs, larvae, or chrysalises) by a qualified biologist that is familiar with monarch identification at all life stages. Milkweed plants hosting monarch young shall be protected by a minimum 25-foot no-disturbance buffer until a qualified biologist has determined that transformation has been completed and the adults have emerged. If milkweed plants not used by monarchs will be removed during Project activity, Permittee shall include native milkweed in seed mix applications.

(e) California Red-Legged Frog. Permittee shall comply with the following measures, which include requirements consistent with the Programmatic Biological Opinion (No. 8-8-12-F-51) from the United States Fish and Wildlife Service (USFWS).

(i) Prior to the start of Project activity, Permittee shall submit to CDFW documentation of USFWS approval of biologists (“approved biologists”) who will participate in activities associated with the capture, handling, and monitoring of California red-legged frog.

https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data#44524419-online-field-survey-form https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data#44524419-online-field-survey-form https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=213150&inline

(ii) An approved biologist shall conduct one nighttime survey on the evening that precedes the beginning of Project activities and one daytime survey in the morning that work is scheduled to begin, at each location. If Project activities cease for more than three days at any location, an approved biologist shall conduct another survey prior to Project activities resuming. If any life stage of California red-legged frog is found and these individuals are likely to be killed or injured by work activities, the biologist shall be allowed sufficient time to move them from the area before work begins. The approved biologist shall relocate the California red-legged frog the shortest distance possible to a location that contains suitable habitat and that will not be affected by activities associated with the Project.

(iii) Prior to the start of Project activity, an approved biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of California red-legged frog and its habitat, the specific measures that are being implemented.

(iv) An approved biologist shall monitor the work area until all California red-legged frogs have been relocated out of harm’s way, workers have been instructed, and disturbance of habitat has been completed at each location.

(v) Approved biologists who handle California red-legged frog shall ensure that their activities do not transmit diseases. To ensure that diseases are not conveyed between work sites, approved biologists must follow the fieldwork code of practice developed by the Declining Amphibian Populations Task Force (https://www.fws.gov/sites/default/files/documents/declining-amphibian-task-force-fieldwork-code-of-practice.PDF) at all times.

(vi) Permittee shall include a summary of California red-legged frog translocation in the Annual Project Report that includes the dates of capture and relocation, the method of capture, location of relocation in relation to the work area, and the number of California red-legged frogs captured and relocated (Reporting Measure 4.2(r)(iv)).

(f) Southwestern Pond Turtle, Coast Range Newt, and Two-Striped Garter

Snake. Permittee shall allow all individuals of these species to move out of the work area of their own volition. If this is not feasible, a qualified biologist shall capture and relocate all coast range newts, two-striped garter snakes, and adult southwestern pond turtles out of harm’s way to the nearest suitable habitat at least 100 feet from the work area. If a southwestern pond turtle nest is uncovered during Project activities, the eggs shall not be touched or moved and the nest shall be covered back with the removed soil and clearly marked for avoidance by Project activities. Permittee shall not move neonate turtles that are using a nest area. A summary of all capture and relocation

Docusign Envelope ID: 0E899C58-BD26-4452-BC04-154D1E9E57B1 https://www.fws.gov/sites/default/files/documents/declining-amphibian-task-force-fieldwork-code-of-practice.PDF https://www.fws.gov/sites/default/files/documents/declining-amphibian-task-force-fieldwork-code-of-practice.PDF activity and all southwestern pond turtle nests shall be included the Annual Project Report, including mapping of nests and capture and release locations (Reporting Measure 4.2(r)(v)).

(g) Northern California Legless Lizard and Coast Horned Lizard. A qualified biologist shall survey the work area and a 50-foot radius for northern California legless lizard and coast horned lizard within 48 hours prior to the start of Project activity at each location. Areas under logs and other cover objects shall be inspected and any loose substrate in which lizards could bury themselves and leaf litter under shrubs and trees shall be gently raked with a hand tool (e.g., a garden rake) to a depth of two inches to locate lizards.

Individuals of these species shall be allowed to leave the work area of their own volition. If this is not feasible, a qualified biologist shall capture and relocate them out of harm’s way to the nearest suitable habitat at least 100 feet from the work area. A summary of all detections and any capture and relocation of these species shall be included with the Annual Project Report, including mapping of capture and release locations (Reporting Measure 4.2(v)(vi)).

(h) Least Bell’s Vireo. If Project activities at any location will occur during the least Bell’s vireo breeding season (March 15 through August 31), a qualified biologist shall conduct surveys for least Bell’s vireo in accordance with the USFWS Least Bell’s Vireo Survey Guidelines (https://www.fws.gov/sites/default/files/documents/survey-protocol-for-least-bells-vireo.pdf). Surveys shall be conducted in appropriate habitat within the work area and a 500-foot buffer, and shall include all eight surveys described in the protocol, at least 10 days apart, between April 10 and July 31, during morning hours and under appropriate weather conditions. If vegetation removal (i.e., appropriate habitat) in the work area of any location occurs outside the breeding season, Permittee may follow a modified survey schedule, to complete at least the first survey of the 500-foot work area buffer prior to the start of Project activity at that location, and subsequent surveys may occur concurrent with Project activity. Survey reporting shall be submitted to CDFW within seven days of completing the surveys. If a least Bell’s vireo is found or could be impacted by the work proposed, Permittee shall notify CDFW immediately of the discovery prior to commencement of Project activity. If a least Bell’s vireo nest is found during surveys, Permittee shall implement a minimum 500-foot no-disturbance buffer around it. This buffer shall remain in place until the breeding season has ended or until a qualified biologist has determined and CDFW has confirmed in writing that nesting has ceased and the birds have fledged and are no longer reliant upon the nest site for survival. If take cannot be avoided, a State Incidental Take Permit for least Bell’s vireo would be warranted before work can begin.

(i) Golden Eagle. If Project activities at any location will occur during the golden eagle nesting season of January 1 through September 15, a qualified biologist shall survey for nesting golden eagles within the work area and a ½-

Docusign Envelope ID: 0E899C58-BD26-4452-BC04-154D1E9E57B1 https://www.fws.gov/sites/default/files/documents/survey-protocol-for-least-bells-vireo.pdf https://www.fws.gov/sites/default/files/documents/survey-protocol-for-least-bells-vireo.pdf mile radius of the work area, within 14 days prior to the start of Project activity at each Project site. Surveys shall be conducted at appropriate nesting times and concentrate on suitable nesting structures for the species. Permittee shall submit survey reporting to CDFW within seven days of survey completion. If active nests are found, Permittees shall establish and maintain a minimum ½-mile no-disturbance buffer around each nest until the breeding season has ended or until a qualified biologist has determined that nesting has ceased, and the birds have fledged and are no longer reliant upon the nest site for survival. Permittee may submit a written proposal to CDFW that includes a justification to reduce any buffers, including but not limited to the type and location of Project activities that will occur, nest location and characteristics, stage of nesting, adult behaviors, a description of monitoring by a qualified biologist, and the authority of the qualified biologist to halt Project activity based on behaviors observed. Avoidance buffer variances shall only be implemented if CDFW has provided advance written approval.

(j) White-Tailed Kite. If Project activities at any location will occur during the white-tailed kite nesting season of February 1 through October 31, a qualified biologist shall survey for nesting white-tailed kites within the work area and a ¼-mile radius of the work area, within 14 days prior to the start of Project activity. Permittee shall submit survey reporting to CDFW within seven days of survey completion. If active nests are found, Permittees shall establish and maintain a minimum ¼-mile no-disturbance buffer around each nest until the breeding season has ended or until a qualified biologist has determined that nesting has ceased, and the birds have fledged and are no longer reliant upon the nest site for survival. Permittee may request to reduce a buffer by submitting a written proposal and justification to CDFW that includes a but is not limited to the type and location of Project activities that will occur, nest location and characteristics, stage of nesting, adult behaviors, a description of monitoring by a qualified biologist, and the authority of the qualified biologist to halt Project activity based on behaviors observed. Avoidance buffer variances shall only be implemented if CDFW has provided advance written approval.

(k) Burrowing Owl. A qualified biologist shall survey for burrowing owls within the work area and a 500-foot radius of the work area, within 14 days prior to the start of Project activity at each location. Surveys shall be conducted at appropriate times to maximize detection. Permittee shall submit survey results to CDFW within seven days of each survey completion. If any active burrowing owl burrows are observed, Permittee shall establish and maintain a minimum 500-foot avoidance buffer around each owl burrow during the nesting season of February 1 through August 31. If active burrowing owl burrows are observed outside of the nesting season, a minimum 160-foot no-disturbance buffer shall be established around each burrow.

(l) Monterey Dusky-Footed Woodrat. A qualified biologist shall survey the work area to identify woodrat houses within 14 days prior to the start of Project activities at each location. All woodrat houses shall be avoided and protected during Project activities with a minimum 25-foot no-disturbance buffer. If houses cannot be avoided by this buffer, Permittee may request a reduced buffer in writing from CDFW or, if direct impacts to the woodrat house cannot be avoided, Permittee may submit a written request to dismantle the house to CDFW for written approval prior to starting work. If approved by CDFW, a qualified biologist shall dismantle houses by hand during the non-breeding season, between October 1 and December 31, allowing any animals to escape either along existing woodrat trails or toward other available habitat. If a litter of young is found or suspected, house material shall be replaced immediately and left alone for two to three days before a recheck to determine whether the animals have left. Dismantled houses may be reassembled in suitable habitat outside the work area, if identified in the request to CDFW. Permittee shall document all woodrat houses dismantled and any houses that were relocated, including maps of those locations, in the Annual Project Report (Reporting Measure 4.2(r)(vii).

(m) American badger. A qualified biologist shall survey the work area and a minimum 50-foot radius of the work area for American badger within 14 days prior to the start of Project activity at each location. American badger detected within the work area shall be allowed to move out of the work area of its own volition. If American badger is denning on or within 50 feet of the work area, Permittee shall protect the den with a minimum 50-foot no-disturbance buffer.

(n) Bats. Preconstruction surveys for roosting bats shall be performed by a qualified biologist within 14 days prior to the start of Project activity at any location in the woodland roosting habitat in the work area plus a 50-foot buffer. Survey methodology may include visual surveys of bats such as evening emergence surveys, inspection of suitable habitat for bat sign (guano), and/or use of ultrasonic detectors (i.e., Anabat) as appropriate for the site. A Bat Survey Report that includes, but is not limited to, the survey methodology and biologist qualifications and, if bats are present, the colony size, roost location, and other characteristics shall be submitted to CDFW at least seven days prior to initiating Project activity. If surveys confirm that bats roost in areas that will be impacted by the Project, or if bat presence is assumed, Permittee shall develop a Bat Exclusion Plan and submit it to CDFW for written approval at least seven days any proposed activity that would entail the exclusion of bats (e.g., tree removal). The Bat Exclusion Plan shall outline how bats will be excluded/evicted from daytime roosts, outside the maternity season. Permittee shall not begin exclusion activities until CDFW has provided written approval. Following any initial negative survey finding and any delay to the start of work of more than 14 days, a repeat bat survey shall be conducted prior to the start of work to address the possibility of bats colonizing trees within the work area before the Project begins.

Detection of bats at that time shall require a Bat Exclusion Plan as described above.

(o) Special Status Plants. Special status plant species occur within the work area. Permittee shall ensure that a qualified botanist conducts floristic surveys during the blooming period preceding the start of Project activities at each location, using the CDFW Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959&inline), which includes the use of reference populations. Botanical survey reporting shall be provided to CDFW at least seven days prior to the start of Project activities at each location. If special status plant species are identified, Permittee shall identify them with flagging and avoid with a 25-foot no-disturbance buffer. If avoidance is not feasible, Permittee may consult with CDFW to request alternate minimization measures and/or a reduced buffer for non-listed species. Permittee shall not encroach on the 25-foot buffer unless CDFW provides advance, written approval.

2.4 Fish and Wildlife.

(a) If any fish or wildlife is encountered during the course of Project implementation, said fish or wildlife shall be allowed to leave the work area unharmed.

(b) To protect nesting birds, no Project activity shall commence during the nesting season from February 1 through August 31 unless the following Avian Nesting Surveys are completed by a qualified biologist within seven days prior to Project activity at the Project location. Permittee shall submit an Avian Nesting Report to CDFW within seven days of completing surveys. CDFW may consider variances from the buffers below when there is a compelling biological or ecological reason. Due to their special status designation and specific ecology, separate avian survey and avoidance requirements are listed above for least Bell’s vireo, golden eagle, white-tailed kite, and burrowing owl (see Avoidance and Minimization Measures 2.3(h), 2.3(i), 2.3(j), and 2.3(k)).

(i) Birds of Prey. Survey for nesting activity of birds of prey within the work area and a 500-foot radius. If any active nests are observed, these nests shall be protected by a minimum 500-foot no-disturbance buffer until a qualified biologist has determined that the young have fledged and are no longer reliant upon the nest site.

(ii) Other Nesting Birds. Survey for nesting activity within the work area and a 250-foot radius. If any nesting activity is found, these nests shall be protected by a minimum 250-foot no-disturbance buffer until a qualified biologist has determined that the young have fledged and are no longer reliant upon the nest site.

(c) All pipes shall be capped or otherwise covered prior to being left overnight. If an animal is found in a pipe, the pipe shall be avoided and the animal(s) left https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959&inline to leave of their own accord. If a listed species is found occupying a pipe, all Project activity at that location shall be suspended immediately and Permittee shall contact CDFW immediately. Work shall not resume without CDFW written approval.

2.5 Vegetation.

(a) Prior to initiation of Project activities, Permittee shall identify and clearly mark all trees to be removed, to prevent accidental removal of trees and shrubs that should not otherwise be affected. The disturbance or removal of vegetation shall only occur within the flagged work areas. Permittee shall take precautions to avoid damage to vegetation outside the work area by people or equipment.

(b) Permittee shall restrict the disturbance of vegetation to the minimum amount necessary to complete the Project. Tree trimming shall be limited to removal of limbs that directly impede stream flow or culvert function.

(c) Vegetation removed from the stream shall not be stockpiled within the stream bed or banks.

(d) Permittee shall document the number and species of all trees and shrubs measuring four inches in diameter at breast height or greater that are removed during Project activities. Removed trees and shrubs shall be replaced by replanting appropriate native species at a 3:1 ratio (replaced to lost), except that heritage trees measuring 24 inches or greater shall require replanting at a 10:1 ratio. These numbers shall inform the replanting requirement in Compensatory Measure 3.1.

(e) If Permittee will take cuttings from live plants that will not be removed for the Project, Permittee shall submit to CDFW a map of the locations of donor plants at least 14 days prior to any cutting harvest.

(f) Cuttings taken from live willow trees for plantings shall not exceed 10 cuttings per donor plant or 5% of the vegetative canopy of the plant, whichever is less.

(g) Portions of non-native, invasive plant species that are disturbed or broken by Project activity shall be bagged, removed from the work area, and appropriately disposed of off-site where the plant material cannot enter the stream. Non-native species shall not be used in mulching, composting, or otherwise placed in or around the work area or other stream areas.

(h) Herbicides shall not be used during Project activity.

2.6 Vehicles and Equipment.

(a) Vehicles and equipment shall only operate within the streambed and banks during naturally dry conditions.

(b) Permittee shall inspect all vehicles, equipment, machinery, and hand tools for the presence of non-native plant material and clean them prior to entering the work area to reduce the risk of introducing non-native, invasive species.

(c) Vehicle and equipment access to the stream shall be limited to predetermined ingress and egress corridors. All other stream areas adjacent to the work area shall remain off-limits to vehicles and equipment.

(d) Permittee shall check and maintain daily any equipment or vehicles driven and/or operated in or adjacent to the work areas to prevent leaks of materials that, if introduced to water, could be deleterious to aquatic and terrestrial life.

(e) Staging and storage areas for equipment, materials, fuels, lubricants, and solvents shall be located outside of the stream channel and banks.

Stationary equipment such as motors, pumps, generators, compressors, and welders, located within or adjacent to the stream, shall be positioned over drip-pans. Vehicles shall be moved away from the stream prior to refueling and lubrication.

2.7…