2021-0005_Final_MSAA.pdf

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

CENTRAL REGION

1234 EAST SHAW AVENUE

FRESNO, CALIFORNIA 93710

MASTER LAKE AND STREAMBED ALTERATION AGREEMENT

NOTIFICATION NO. 1600-2021-0005-R4

SAN LUIS RESERVOIR, EILL FOREBAY, AND UNNAMED STREAMS AND

ASSOCIATED WETLANDS

MERCED COUNTY

CALIFORNIA DEPARTMENT OF WATER RESOURCES

B.F. SISK DAM SAFETY OF DAMS MODIFICATION PROJECT (PROJECT)

This Master Lake and Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and the California Department of Water Resources (Permittee), represented by Gerald Snow.

RECITALS

WHEREAS, pursuant to Fish and Game Code section 1602 et seq., Permittee notified CDFW on April 8, 2021 that Permittee intends to complete the Project described herein.

WHEREAS, pursuant to Fish and Game Code section 1603 et seq., CDFW has determined that the Project could substantially adversely affect existing fish or wildlife resources and has included Protected 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 within 11.82 acres of lake (San Luis Reservoir and Forebay), stream, and associated wetland area within an approximately 1,800-acre larger activity area. Project areas are located on both the north and south sides of State Route 152, approximately nine miles west of the city of Los Banos, in unincorporated Merced County, California (Exhibit A). Representative coordinates of the Project area center are Latitude 37.05982° and Longitude -121.074380°. All Project areas are located within USGS 7.5-minute quadrangle San Luis Dam. The Numbers and Township, Range, and Sections, all within Mount Diablo Base and Meridian) of the Project areas are included in Table 1 below.

Notification No. 1600-2021-0005-R4 Master Lake and Streambed Alteration Agreement

Table 1. Project Area Location Information

Township/Range/Section

78070007 Township 10S / Range 8E / Section 09 78100015 Township 10S / Range 8E / Section 14

78100016

Township 10S / Range 8E / Section 14 Township 10S / Range 8E / Section 15 Township 10S / Range 8E / Section 23 Township 10S / Range 8E / Section 26

78100018 Township 10S / Range 8E / Section 13 Township 10S / Range 8E / Section 14

78110003 Township 10S / Range 8E / Section 28 78110014 Township 10S / Range 8E / Section 33

78120022 Township 10S / Range 8E / Section 14 Township 10S / Range 8E / Section 26

78120025 Township 10S / Range 8E / Section 26 Township 10S / Range 8E / Section 27 Township 10S / Range 8E / Section 28

78120029 Township 10S / Range 8E / Section 33 Township 10S / Range 8E / Section 34

PROJECT DESCRIPTION

The Project includes activities related to stabilizing the downstream side of the existing B.F. Sisk Dam embankment and increasing the dam crest height to reduce the potential for water to overtop the dam in the event of seismic-induced slumping/failure. The activities are described below as Covered Activities, and include construction, maintenance, restoration, and water drafting actions in lake, stream, and associated wetland areas within the larger 1,800-acre area (see Exhibit B). A Covered Activity location in a lake, stream, or associated wetland may be situated within a larger area of work.

Covered Activity types authorized by this Agreement are included in the categories listed below. Each Covered Activity occurs in a specific location and affects one or more lake, stream, or associated wetland feature. Each Covered Activity in the categories of Construction, Maintenance, and Restoration requires advance approval from CDFW prior to the start of the Covered Activity (see Administrative Measure 1.11).

Construction.

Contractor Use Areas: Clearing and grubbing of existing vegetation; initial site grading and demolition; and ripping, disking, import of clean fill and stabilization materials, compaction, or other ground disturbing activities for the preparation of temporary contractor use areas for staging, storage, and stockpile equipment and materials, as well as placement of temporary contractor offices and trailers. Activities will be performed using bulldozers, motor graders, scrapers, and compactors.

At-Grade Access Roads New, In-Kind Repair/Replacement, Expansion, or Removal:

Installation, removal, in-kind repair or replacement, or expansion of temporary and permanent at-grade roads, including crossings and necessary encroachment not related to a crossing, including the clearing and grading of an area up to approximately 30 to 60 feet wide; removing all vegetation; compacting the road surface to ensure stability; and placement of aggregate road base (i.e., Class II fill) and/or asphalt paving along the road surface. Temporary at-grade access roads may also be installed, in-kind repaired or replaced, and/or expanded by placing clean rip rap and rockfill-sized cobbles and boulders and topping with clean gravel. All temporary at-grade road materials will be removed after the dam stabilization activity and the area recontoured and returned original conditions, including plant cover and drainage patterns. Equipment to be used includes excavators, bulldozers, loaders, motor graders, scrapers, compactors, water trucks, and flatbed trucks.

Culvert Crossings Construction, In-Kind Repair/Replacement, Expansion, or Removal:

Installation, in-kind repair or replacement, expansion, or removal of culvert crossings, including clearing and grading; removing vegetation; excavation; installation of fill materials; stabilization of culvert ends to protect against erosion. Culvert installation will use corrugated metal pipes or high-density polyethylene (HDPE) pipes. Culvert sizes will vary depending on the location and type, but all culverts will be sized appropriately to convey high flows including bedload. Fill and stabilization materials to be used may include soil, aggregate, rip rap, rock-sized cobbles and/or boulders, and placement of aggregate road base (i.e., Class II fill) and/or asphalt paving along the road surface. All temporary culvert crossing materials will be removed at the end of the dam stabilization activity and the area recontoured and returned to original conditions, including plant cover and drainage patterns. Equipment to be used includes excavators, bulldozers, loaders, compactors, water trucks, and flatbed trucks.

Temporary Bridge Crossings Construction or Removal: Installation or removal of temporary bridge crossings, including clearing and grading; excavation; and installation of fill materials. Fill materials to be used may include soil, rip rap, and/or concrete bridge structure and placement of aggregate road base (i.e., Class II fill) and/or asphalt paving along the road surface. All temporary bridge crossing materials will be removed at the end of the dam stabilization activity and the area recontoured and returned to original conditions, including plant cover and drainage patterns. Equipment to be used includes excavators, bulldozers, loaders, compactors, water trucks, and flatbed trucks.

Stream Removal and In-Kind Replacement, Realignment, or Relocation: Temporary or permanent removal and in-kind replacement, realignment, or relocation of existing streams. All streams to be removed, in-kind replaced, realigned or relocated will be designed to tie into the upstream and downstream reaches of existing streams to maintain drainage patterns. Equipment to be used will include excavators, bulldozers, loaders, compactors, dump trucks, and water trucks.

Stability Berm and Foundation Shear Key Construction: Construction of new earthen stability berms and foundation shear keys on the downstream side of the existing dam for reinforcement. Construction of the new earthen stability berms will be conducted by removing weak alluvium and clayey material located beneath parts of the dam and installing new stability berms on and below the dam face to reinforce the existing embankment. Excavations down to underlying bedrock will be performed for berm installation to provide a firm foundation for stability berms on the downstream side of the existing dam. The existing rock blanket on the downstream or lake face of the dam will be stripped and stockpiled for reuse, and material will be added to the existing berm to strengthen the dam and to ensure more uniform crest settlement, reduce deformation, and minimize internal movement, cracking, and erosion in the event of a severe seismic event. Foundation shear keys consisting of large rockfill up to 55 feet deep will be installed beneath the stability berm locations at the contact with the underlying bedrock.

The shear keys will provide additional stability and protection against movement during a seismic event. Equipment to be used includes scrapers, excavators, loaders, haul trucks, and compactors.

Toe Drain Construction: Removal of existing stream features at the base of the new stability berms and replacement of the existing stream features with new toe drain features to accommodate the expanded berm area. Toe drains will be installed in the berms to provide internal drainage and protect against soil migration and erosion. Toe drains will be installed to direct water that accumulates within the dam into terminal wells installed at the base of each berm. A pipe will be installed to carry water from the terminal well to a prefabricated weir box, which will outlet into an improved channel section that transitions to an existing drainage feature. Existing toe drains will be either be removed or abandoned and grouted in place. Toe drains will be installed during berm construction with the use of excavators, loaders, concrete trucks, and compactors.

Extraction from Borrow Areas: Excavation of earthen material for construction of the stability berms and dam crest raise. Work will occur in on-site borrow areas referred to as Borrow Area 6, Borrow Area 12, Borrow Area 14, and Basalt Hill Quarry. Following completion of excavation of materials and contractor use areas, all stream areas will be stabilized, recreated with flow conveyance in their approximate original locations, and planted. Armored flume structures will be installed between undisturbed channel reaches and newly constructed replacement channel reaches to accommodate steep or abrupt elevation changes between the channel reaches. Work will occur in a sequenced process, with work conducted in a particular region of a borrow area for one year, and the disturbed area will then be restored when work moves to the next material excavation area. Each borrow area phase will be approximately 100 to 150 acres in size to allow for anticipated levels of material extraction and production in a given year.

Equipment to be used includes excavators, scrapers, bulldozers, loaders, haul trucks and water trucks.

Utility Relocations/Crossings: Relocation of existing utilities such as water lines, sewer lines, gas lines, and electrical lines, including clearing and grading, excavation, and installation of fill materials. Utility relocations will require the use of directional drills, excavators, bulldozers, dump trucks, loaders, and compactors.

Stormwater Infrastructure: Installation of stormwater infrastructure such as pipes, catch basins, inlets, and storm drain outfall structures to capture and direct stormwater runoff.

Includes clearing and grading, excavation, and installation of fill materials. Stormwater infrastructure will be installed with the use of excavators, loaders, concrete trucks, dump trucks, and compactors.

Erosion Control and Soil Stabilization: Activities include clearing, grading, and excavation during the installation of silt fencing, fiber rolls, jute netting, erosion control, track out control, dust abatement measures, and other similar erosion and stability measures.

Fence Line Crossings: Activities related to the installation of wildlife exclusion and/or access-restriction fence line crossings, including the clearing and grading, excavation, and installation of fill materials.

Conveyor Belt System Crossings: Activities related to the installation of conveyor belt system crossings used to transport excavated materials from borrow sites to other locations.

Spillway Extension: Activities related to extending the spillway concrete conduit, due to additional embankment materials being placed at the slopewash section for the stability berm.

Geotechnical Surveys/Testing: Geotechnical surveys/testing, using standard practices such as core sampling, using heavy equipment, truck-mounted tools, or hand-operated tools as needed.

Bank Stabilization: The installation of bank stabilization methods, including bioengineering, recontouring, placement of riprap, and/or temporary gabion methods to stabilize the banks of streams, lakes, and associated wetlands.

Routine Maintenance.

Non-Native Invasive Plant Management: Each treatment of non-native, invasive plant species as reoccurring maintenance to limit the spread of noxious or invasive weeds.

Noxious or invasive weeds to be treated by the California Invasive Plant Council. Management may include cutting or trimming using hand tools and hand-operated equipment such as string trimmers; use of motorized equipment such as by mowing or discing; and herbicides applied via wick applicators, backpack sprayers, and/or truck-mounted hose and nozzle systems by licensed and qualified applicators.

Repair of Existing Bank Stabilization and Erosion Control Features: Repair of previously installed stabilization structures or materials.

Removal of Trash or Debris: Removal that requiring ground disturbance to excavate or uncover the debris and/or the use of heavy equipment or vehicles operated from within the area of a stream, lake or wetland.

Removal/Trimming of Vegetation: Management by cutting, trimming or removal of vegetation that may include cutting or trimming using hand tools and hand-operated equipment such as string trimmers; use of motorized equipment such as by mowing or discing; and herbicides applied via wick applicators, backpack sprayers, and/or truck-mounted hose and nozzle systems by licensed and qualified applicators.

Removal of Accumulated Sediment from Culverts: Removing sediment from upstream and/or downstream ends of installed culverts to maintain unobstructed flow.

Restoration.

Site Restoration and Revegetation: Restoring and revegetating temporary disturbed areas to pre-Project elevations and contours. This Covered Activity addresses area disturbed by prior Covered Activity, typically for Construction, that disturbed a lake, stream, or wetland area without the installation of a structure or other imported materials. Methods include regrading, scarifying, soil ripping or de-compacting, discing, contouring, and harrowing disturbed areas, and seeding disturbed areas with an approved native seed mix and/or planting with containerized plant material to promote reestablishment of vegetation communities and minimize soil erosion and aid in returning disturbed areas to original conditions. Site restoration and revegetation activity will be completed using of bulldozers, excavators, loaders, dump trucks, seeding equipment, and other specialized restoration tools.

Removal or Demolition of Structures or Installed Features: Removal of structures and other features, including imported fill, that were installed as Covered Activities for the Project and will not be needed after completion of the dam stabilization activity. Includes activities to return the site to original conditions following removal of structures or other materials. This Covered Activity may also include removal of existing structures or features.

Related Activities.

Site Preparation: Clearing and grubbing of existing vegetation; initial site grading and demolition of existing structures; and/or ripping, disking, compaction, and/or other ground disturbing activities prior to a Construction Covered Activity. Clearing and grubbing will include removal of existing trees, shrubs, grasses, and other aquatic and riparian vegetation. Demolition of existing structures will include the demolition of existing roads, buildings, dam equipment, etc. Site preparation activity will be completed using bulldozers, motor graders, scrapers, and compactors.

Work Area Diversions and Dewatering: Activities related to the diversion of flow around or dewatering of work areas, to create and maintain dry work conditions as needed for Construction, Maintenance, or Restoration Covered Activities. Activity includes the installation of coffer dams, pumps, pipes, hoses, and/or other means of dewatering.

During and after diversion and dewatering activities, downstream or lake flows will be maintained and best management practices will be implemented, including the installation of silt fence, fiber rolls, jute netting, erosion control, track out control, and dust abatement, to avoid adverse impacts to water quality. In addition, excavations associated with the construction of the stability berms are anticipated to encounter shallow groundwater, and dewatering measures will be implemented to maintain dry working conditions suitable for excavation with heavy equipment, including drilling a series of temporary wells to pump subsurface water. Water will be removed from the excavation areas during this period and collected in temporary settling ponds or portable tanks to filter out solids before being released into the reservoir or forebay.

Dewatering will generally include the use of drill rigs, pumps, and settling ponds or storage tanks.

: The drafting of water from purposes will include the use of floating platforms with mounted pumps powered by portable diesel generators or electric utility power. Pumps will transfer water via HDPE fused pipes or other piping systems to elevated storage tanks that will each hold approximately 10,000 to 12,000 gallons of water. Water will be transferred from these tanks as needed for construction purposes via additional piping or by filling water trucks.

Water trucks may also fill individually using smaller, self-filling transfer pumps.

PROJECT IMPACTS

Covered Activities authorized by this Agreement will result in permanent impacts to

10.76 acres and temporary impacts to 1.06 acres. Permanent impacts comprise 9.22 acres of stream impacts and 1.54 acres of wetland impacts, and will result from construction of new access roads, expansion and improvement to existing access roads; culvert installations; borrow area excavation; toe drain installation; berm fill;

stream or lake/ditch realignments or relocations; and development of the contractor use areas for staging and stockpiling. Temporary impacts comprise 0.66 acres of stream impacts and 0.4 acres of lake impacts, which will result from the development of new temporary access roads; temporary expansion and improvements to existing access roads; installation of temporary culverts; stream/ditch realignments or relocations; and development of the contractor use areas and staging and stockpiling areas. All temporarily impacted areas will be restored to original contours and elevations and will be revegetated.

Project disturbance to habitat areas using Permittee-defined terms to organize stream, lake, and wetland areas using on-site characteristics and vegetation communities, are itemized in Table 2 below. Exhibit B shows habitat areas and maps Approximate Impact Areas, though exact Project activities may extend beyond those mapped approximate areas. Impacts to vegetation may include cutting or removal of trees and shrubs.

This Agreement is intended to avoid, minimize, and mitigate adverse impacts to the fish and wildlife resources that occupy the Project area, and the surrounding habitat. Absent implementation of the Protective Measures required by this Agreement, the wildlife species presented in Table 3, the plant species and sensitive vegetation communities presented in Table 4, and their habitat types could potentially be impacted within the area covered by this Agreement, as well other as other birds, mammals, fish, reptiles, amphibians, invertebrates, and plants that compose the local ecosystem.

Table 2 Project Impacts by Type of Feature with Vegetation Community Types.

Feature Type

Permanent Impacts (acres)

Temporary Impacts (acres)

Vegetation Community Types

Drainage Ditch

(stream)

2.52 0.66

Coyote brush scrub Alliance, Baccharis pilularis/Annual grass-herb Association; Urban/Developed; Mulefat thickets Alliance, Baccharis salicifolia Association; Upland mustards and other ruderal forbes Semi-Natural Alliance; Wild oats and annual brome grassland Semi- Natural Alliance; Cattail marshes Alliance, Typha Association; Gum plant patches Provisional Alliance; Fremont Cottonwood Forest Alliance, Populus fremontii Association; Poison hemlock or fennel patches Semi-Natural Alliance; Needlegrass melic grass grassland Alliance, Nassela pulcra, Nassella cernua, and Melica

Californica Associations.

Ephemeral Drainage (stream)

0.29

Coyote brush scrub Alliance, Baccharis pilularis/Annual grass-herb Association; Upland mustards and ruderal forbes Semi-Natural Alliance; Wild oats and annual brome grassland Semi-Natural Alliance; ; Smartweed cocklebur patches Alliance, Polygonum

Association; Urban/Developed; California goldfields dwarf plantain small fescue flower fields Alliance, Erodium cicutarium Provisional

Association;.

Ephemeral Swale

(stream) 6.30

Wild oats and annual brome grassland Semi-Natural Alliance;

Upland mustards and ruderal forbes Semi-Natural Alliance;

Urban/Developed; Needlegrass melic grass grassland Alliance, Nassela pulcra, Nassella cernua, and Melica Californica

Associations; Fiddleneck Phacelia Fields Semi-Natural Alliance.

Freshwater Emergent Wetland (wetland)

1.30

Cattail marshes Alliance, Typha Association; Wild oats and annual brome grassland Semi-Natural Alliance; Baltic and Mexican rush marshes Alliance; Perennial pepperweed patches Alliance; Poison hemlock or fennel patches Semi-Natural Alliance.

Lacustrine (lake)

0.40 Coyote brush scrub Alliance, Baccharis pilularis/Annual grass-herb Association; Open Water; Wild oats and annual brome grassland

Semi-Natural Alliance;

Riparian (stream)

0.11 Coyote brush scrub Alliance, Baccharis pilularis/Annual grass-herb

Association.

Seasonal Wetland (wetland)

0.16

Coyote brush scrub Alliance, Baccharis pilularis/Annual grass-herb Association; Wild oats and annual brome grassland Semi-Natural

Alliance; ; Gum plant patches Provisional Alliance; Perennial pepperweed patches Alliance; Upland mustards and ruderal forbes

Semi-Natural Alliance; Mulefat thickets Alliance, Baccharis salicifolia Association

Settling Pond

(wetland)

0.08 Wild oats and annual brome grassland Semi-Natural Alliance.

Total 10.76 1.06

Table 3. Wildlife Potentially Adversely Affected by the Project.

Common Name Scientific Name Listing or Status Federal State

Amphibians California tiger salamander Ambystoma californiense T T California red-legged frog Rana draytonii T CSC Western spadefoot Spea hammondii -- CSC Reptiles Western pond turtle Emys marmorata -- CSC San Joaquin coachwhip Masticophis flagellum ruddocki -- CSC

Phrynosoma blainvilli -- CSC California legless lizard Anniella pulchra -- CSC Birds Tricolored blackbird Agelaius tricolor BCC T Golden eagle Aquila chrysaetos BCC FP, WL Burrowing owl Athene cunicularia -- CSC

Buteo swainsoni BCC T Northern harrier Circus hudsonius -- CSC White-tailed kite Elanus leucurus -- FP Bald eagle Haliaeetus leucocephalus BCC E, FP Loggerhead shrike Lanius ludovicianus BCC CSC Yellow warbler Septophaga petechia BCC CSC Mammals Pallid bat Antrozous pallidus -- CSC Ringtail Bassariscus astutus -- FP Western mastiff bat Eumops perotis californicus -- CSC Western red bat Lasiurus blossebillii -- CSC Mountain lion Puma concolor -- CT; SP American badger Taxidea taxus -- CSC San Joaquin kit fox Vulpes macrotis mutica E T Invertebrates Valley elderberry longhorn beetle Desmocerus californicus dimorphus T --a E= Endangered, T: Threatened, C = Candidate for listing, BCC = Birds of Conservation Concern designated by the U.S. Fish and Wildlife Service, CSC - California Species of Special Concern, FP Fully Protected, SP= Specially Protected species by the California Fish and Game Commission.

Table 4. Plant Species Potentially Adversely Affected by the Project.

Federal State/CNPS

Plants

Heartscale Atriplex coronate var. cordulata -- CRPR 1B.2 Lost Hills crownscale Atriplex coronate var. vallicola -- CRPR 1B.2 Lemmon's jewelflower Caulanthus lemmonii -- CRPR 1B.2 Hispid bird's beak Chloropyron mole ssp. hispidum -- CRPR 1B.1 Hospital Canyon larkspur Delphinium californicum ssp. interius -- CRPR 1B.2 Recurved larkspur Delphinium recurvatum -- CRPR 1B.2 Spiny-sepaled button-celery Eryngium spinosepalum -- CRPR 1B.2 Hall's bush mallow Malacothamnus hallii -- CRPR 1B.2

Federal State/CNPS

Shinning navarretia Navarretia nigeliformis ssp. radians -- CRPR 1B.2 California alkali grass Puccinellia simplex -- CRPR 1B.2

Sanford's arrowhead Sagittaria sanfordii -- CRPR 1B.2

Chaparral ragwort Senecio aphanactis -- CRPR 2B.2 Arburua Ranch jewelflower Streptanthus insignis ssp. lyonii -- CRPR 1B.2 Slender-leaved pondweed Stuckenia filiformis ssp. alpina -- CRPR 2B.2 Sensitive Vegetation Community Types Rarity Rank Gum plant patches provisional alliance

Grindelia camporum stricta -- S2S3

Fremont cottonwood forest alliance

Populus fremontii-Fraxinus velutina- Salix goodddingii

-- S3

Nassella cernua association/Nassella pulchura association/Melica Californica provisional association

Nassela pulcra, Nassella cernua, and Melica Californica

CNPS (California Native Plant Society) rare plant rank: 1B: Rare, threatened, or endangered in California and elsewhere. 2B: Rare, threatened, or endangered in California, but more common elsewhere. 0.1: Seriously endangered in California, 0.2: Fairly endangered in California. Rarity Rank: S1-23: An alliance and/or association is considered a sensitive or indicated as sensitive without a rarity ranking in the California Natural Community List (CDFW 2020).

In addition, potential impacts to wildlife include animal mortality from collisions with vehicles or heavy equipment, from vegetation removal, excavations, and grading;

trampling/crushing of burrows or dens during vegetation removal; installation of structures or other installed features; entombment of animals during ground disturbing activities; noise and vibration disturbance; artificial lighting and other disturbance from work conducted at night; surface water contact with new concrete or other construction related materials; nest abandonment; removal of breeding habitat and roosting habitat provided by the existing features and vegetation to be removed; and increased predation. Potential impacts to plant species include destruction of individuals from grading, soil compaction, or other construction activities; erosion, sedimentation, and fugitive dust; and increased competition from noxious weeds. Indirect impacts to fish, wildlife, and plants could include increased erosion and/or sedimentation as a result of excavation of materials from the streams or lake, creating new slopes, vegetation removal, bank alteration, upslope grading, channel de-stabilization, headcutting of stream or lakes in excavated area, introduction of fill material, potential washout of installed or constructed features; and water or soil quality impacts and pollution resulting from construction-related materials or methods, equipment used, and dewatering;

removal of stream or lake habitats for plants and wildlife. These impacts could affect wildlife habitat functions and values, including forage production, burrowing substrate, and related wetland hydroperiod.

Specific hawk and other birds include effects of construction-related noise, ground vibration, fugitive dust, visual disturbance, habitat loss and modification, introduction or spread of invasive species, and increased human activity that could result in a reduction in prey abundance and/or availability. Noise and vibration could cause physiological and/or behavioral disruptions that may interfere with breeding, result in nest abandonment, and a loss of fitness in dependent young resulting from interruptions to brooding and/or feeding schedules, due to impaired or interrupted foraging opportunities and because forage acquired further away from the nest is more energetically expensive for parents. Potential long-term indirect impacts include nesting and foraging habitat fragmentation; nesting and foraging habitat degradation including that caused by the introduction or spread of invasive species;

increased light at night; and increased noise and vibration.

Indirect impacts to downstream or lake areas could include increased erosion and/or sedimentation as a result of bank alteration, channel de-stabilization, and introduction of fill material; and impacts related to the installation of fencing across stream or lakes.

These impacts could affect wildlife habitat, functions, and values, including forage production and burrowing substrate.

MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES

1. Administrative Measures

Permittee shall meet each administrative Protective Measure described below.

1.1 Covered Activity Consistency With Agreement.

(a) Subnotification Process: Before beginning a Covered Activity for

Construction, Maintenance, or Restoration, Permittee shall acquire written authorization from CDFW by submitting a Subnotification to CDFW at least 30 days prior to the proposed start of the Covered Activity. Work shall not begin until Permittee has obtained written approval from CDFW. Approval of the Subnotification is also contingent upon CDFW advance receipt of the appropriate fee (see Fees, below). Permittee may submit Subnotifications individually or in batches, and Permittee may request prioritization for CDFW review of individual Subnotifications.

(b) Subnotification Contents: Permittee shall submit a complete Subnotification

Form (Exhibit C) with all requested enclosures to completely describe the Covered Activity, including methods, materials, and impacts, to verify consistency with Covered Activities described in this Agreement. The Subnotification shall document the locations and acreage of each feature type and verify that impact totals in this Agreement will not be exceeded by the Covered Activity. Each Subnotification must document with a description whether habitats for biological resources are present, as described in Avoidance and Minimization Measures 2.3(c)ii, (d), (f), (g), (h), (i), (j), (n), (o), and (p). Permittee must also provide the plans or other requirements as described in the following Protective Measures of this Agreement:

i. Avoidance and Minimization Measure 2.4(b) nesting swallows

ii. Avoidance and Minimization Measure 2.6 dewatering or water diversion

iii. Avoidance and Minimization Measure 2.7(a) fish rescue

iv. Avoidance and Minimization Measure 2.9(b) Final Engineering Design Plans for Construction Covered Activity

v. Avoidance and Minimization Measure 2.11(c) seed mixture

vi. Avoidance and Minimization Measure 2.12(b) Revegetation Plan

vii. Avoidance and Minimization Measure 2.14(b) concrete cover

viii. Avoidance and Minimization Measure 2.15(j) Frac-Out Contingency Plan for Horizontal Directional Drilling

(c) Subnotification Incompleteness: CDFW shall review each Subnotification submittal for completeness and for consistency with this Agreement. If additional information is required to complete the description of the Covered Activity, its impacts, or information as required by Protective Measures in this Agreement, CDFW shall notify Permittee in writing within 30 days to describe the reason the Subnotification is incomplete and the actions necessary or additional information that is required to address any deficiency or inconsistencies in the Subnotification. Permittee may resubmit the Subnotification to CDFW to correct any information deficiency.

(d) Subnotification Approval: If CDFW confirms that the Subnotification is complete and consistent with this Agreement, it shall provide Permittee with written approval within 30 days of the submittal of the complete Subnotification. Upon receipt of the written approval, Permittee may begin the Covered Activity as described in the Subnotification, provided Permittee has obtained all other necessary authorizations for the work.

(e) Subnotification Denial. If CDFW determines that the Subnotification is not consistent with this Agreement, because the Covered Activity or impacts as described are not included in the scope of this Agreement, CDFW will notify Permittee in writing that the Subnotification is denied within 30 days. To address the denial, Permittee may submit a request to amend the Agreement;

if the amendment can be authorized, Permittee shall obtain the amendment to this Agreement, prior to CDFW approval of the Subnotification. Permittee understands that an amendment to this Agreement may require changes to the Protective Measures, including but not limited to Compensatory Mitigation requirements. If an amendment to this Agreement is requested that results in adding a lake, stream, or wetland feature or area not already identified or mapped in this Agreement, Permittee shall also provide CDFW new mapping of the changed area in addition to digital media in the form of a Geographic Information Systems (GIS) shapefile denoting the revised impact area(s).

Alternately, if an amendment to this Agreement cannot be granted (e.g., inconsistency with the California Environment Quality Act or other reason), Permittee may alternately submit a standard notification in accordance with Fish and Game Code section 1602 and attain separate permitting for the activity.

1.2 Documentation at Project Sites. Permittee shall make this Agreement, the approved Subnotification, any extensions and amendments to this Agreement, and all related notification materials, and California Environmental Quality Act (CEQA) documents readily available at each work site at all times and shall be presented to CDFW personnel or personnel from another State, Federal, or local agency upon request.

1.3 Permittee Representative.

(a) Permittee shall ensure that a representative of Permittee (Permittee

Representative) is present at all times during a Covered Activity implementation to oversee and verify that work is conducted in compliance with this Agreement, the approved Subnotification, and any extensions and amendments to this Agreement.

(b) Permittee Representative(s) and contact information while at the work site shall be identified in the Subnotification submitted for each Covered Activity.

Permittee Representative(s) shall be available for direct communication with CDFW regarding a Covered Activity compliance with this Agreement.

(c) Permittee or Permittee Representative(s) shall report all instances of noncompliance with this Agreement to CDFW within 24 hours (or the next business day if noncompliance was discovered on a weekend or State holiday). Noncompliance reporting shall consist at a minimum of communication by telephone and email to the CDFW staff person identified in the Contact Information section below, or any other contact subsequently identified by CDFW for this Agreement, and to the CDFW Central Region Lake and Streambed Alteration Program office at (559) 243-4593 and by email at R4LSA@wildlife.ca.gov.

1.4 Providing Agreement to Persons at Work Site. Permittee shall ensure that copies of this Agreement, approved Subnotification, and any extensions and amendments to this Agreement are provided to all persons who will be working at the work site on behalf of Permittee, including but not limited to Permittee Representative(s), contractors, subcontractors, inspectors, and monitors.

1.5 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 by another local, State, or Federal agency. In that event, CDFW shall contact Permittee to resolve any conflict.

1.6 Work Site Entry. Permittee agrees that CDFW personnel may enter the work site at any time to verify compliance with this Agreement.

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

1.8 Unauthorized Take. This Agreement does not authorize the take (defined in Fish and Game Code section 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, or candidate species. All 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.

1.9 Property Not Owned by Permittee. To the extent that the Protective Measures of to with the understanding that Permittee shall first acquire the legal right to enter.

1.10 Work Schedule. In each Subnotification, Permittee shall provide a work schedule indicating the proposed dates of work and any time frames for completing tasks associated with the Covered Activity.

1.11 Worker Training. Prior to the start of a Covered Activity, all employees and contractors who will be present shall receive training from a qualified individual on the contents of this Agreement, the corresponding Subnotification, any amendments and extensions, the resources at stake including species identification, and the legal consequences of non-compliance. Permittee shall maintain a sign-in sheet that includes the printed and signed name of each attendee, the name and qualifications of the person providing training, a copy of any training materials, and the date of the training(s). Training shall also be proved on an ongoing basis as needed for new employees and contactors. Training materials and trainer qualifications shall be submitted to CDFW at least one week prior to the first training. Any changes to the materials or additional trainer qualifications shall be submitted to CDFW at least one week prior to implementing changes. Copies of sign-in sheets shall be submitted to CDFW in each Annual Report (Reporting Measure 4.2(q).

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 Construction/Work Hours.

(a) Permittee shall conduct Covered Activities during daylight hours (i.e., sunrise to sunset) except as required for Covered Activities, such as to meet seasonal or environmental conditions or scheduling constraints, or that are ongoing and cannot cease until completed, or that occur within larger areas of work where surrounding habitats are also impacted by activity. In each Subnotification, Permittee shall identify and describe the need for any night work that will occur.

(b) Permittee shall not use permanent or temporary, fixed, exterior lighting, including motion-triggered security lighting that casts light beyond the footprint of Covered Activities within any lake, stream, and wetland areas between sunset and sunrise.

(c) During night work, Permittee shall have a qualified biologist(s) on the site(s) of Covered Activities to monitor for nocturnal activity of fish and wildlife.

2.2 Flagging. Prior to conducting any Covered Activity, Permittee shall identify the limits of encroachment into the stream, including access routes. Permittee shall identify these work site with brightly-colored flagging and limit work to these defined areas only. Permittee shall maintain flagging in good repair for the duration of the Covered Activity. All lake, stream, and associated wetland areas beyond the work site shall be considered environmentally sensitive areas and shall not be disturbed.

2.3 Listed and Other Special Status Species.

(a) Pre-activity surveys for special status species and sensitive vegetation communities shall be conducted by a qualified biologist within two (2) weeks prior to the start of each Covered Activity. Surveys shall be conducted within the work site to avoid and minimize incidental take, confirm previous observations, identify any areas potentially occupied by listed or sensitive species and sensitive vegetation communities, and clearly mark all resources to be avoided by Covered Activities. If any additional listed or special-status species or sensitive vegetation communities are found or could be impacted by the Covered Activity proposed, Permittee shall notify CDFW of the discovery prior to commencement of Covered Activities. An amended Agreement and/or Incidental Take Permit may be necessary and a revised CEQA analysis may need to be conducted, before work can begin. Permittee shall submit Pre-Activity Survey reporting to CDFW within one (1) week of completing surveys at each work site.

(b) San Joaquin Kit Fox and California Tiger Salamander: Permittee has applied for a State Incidental Take Permit (No. 2081-2020-064-04) authorizing incidental take of San Joaquin kit fox and California tiger salamander during the Project. Permittee shall comply with the terms and conditions of the Incidental Take Permit; unauthorized take of San Joaquin kit fox or California tiger salamander would result in violation of and potential suspension or revocation of this Agreement. Permittee affirms that no take San Joaquin kit fox or California tiger salamander beyond that described in Incidental Take Permit No. 2081-2020-064-04 will occur as a result of the Project.

(c) California Red-legged Frog:

i. Prior to any Project activity or survey work for the species, Permittee shall submit documentation of the USFWS approval per the requirement of the Biological Opinion (No. 08ESMF00-2019-F-1572-R001) of biologist(s) associated with the survey, capture, handling, and monitoring of California red-legged frog.

ii. In each Subnotification, Permittee shall describe the habitats of the work site and surrounding area and identify whether potential California red-legged frog aquatic habitat or upland habitat occurs. If so, the USFWS-approved biologist shall survey each work site and the buffer area within 10 days prior to the start of ground disturbing Covered Activity.

iii. Prior to ground disturbing Covered Activity, the approved biologist shall survey the work site and 250-foot buffer within 10 days prior to ground disturbance and remove cover material such as large woody debris, rocks, and boards from the area to be disturbed, to check refugia where frogs may be sheltering. If Covered Activity at a particular work site ceases for two (2) weeks or longer, a new preconstruction survey shall be conducted.

iv. California Red-Legged Frog Relocation Procedures: Any captured frog shall be relocated to the nearest refuge (fossorial mammal burrow) outside of, and a minimum of 30 feet from, exclusion fencing or active work sites. Approved biologists shall not use soaps, oils, creams, lotions, repellents, or solvents of any sort on their hands within two hours before and during periods when they are capturing and relocating individuals.

Adequate moisture shall be provided during holding and transport (e.g., water-soaked sponge or water in the bottom of the bucket).

The approved biologist may also choose to relocate individuals into a pond or to suitable upland habitat. In upland habitat, captured frogs shall be released in front of the mouth of a small mammal burrow or other suitable refugia and shall be allowed to enter of their own volition. Each relocated frog shall be monitored prior to release to ensure they are in a safe location and are not susceptible to an increased risk of predation. If a frog does not enter a particular burrow where it is released, the approved biologist shall relocate it to another nearby suitable burrow and the individual shall be monitored until it is determined that it is not imperiled by predators or other danger.

v. Prior to the start of each work day, and prior to the start of Covered Activity during rain events and the 24 hours after, the approved biologist shall check all construction equipment and vehicles left onsite for California red-legged frog that may be utilizing the equipment as temporary shelter. Any exclusion fencing or erosion control silt fencing shall also be checked a minimum of once daily for frogs to ensure none are sheltering along its interior or exterior. If a frog is found, the approved biologist shall immediately relocate it following the California red-legged frog Relocation Procedures.

vi. During rain events or the 24 hours after, the approved biologist(s) shall remain onsite monitoring during Covered Activity. If more than one work site is active, the biologist(s) shall spend time at all sites throughout the day upon completion of the morning pre-work inspections.

vii. California Red-Legged Frog Relocation Reporting including any detections and relocations during Covered Activity shall be submitted to CDFW in the next Annual Report (Reporting Measure 4.2(q)). Relocation information must include the date and time (starting and ending), weather, temperature, precipitation, cloud cover, wind speed, capture location and relocation site, notes on sex and age-class of the frogs, and details and photographs regarding any dead or injured frogs and any specimens collected.

(d) California Legless Lizard and Blai Horned Lizard. In each

Subnotification, Permittee shall identify whether potential habitat for either of these species occurs within the work site. If so, the work site shall be searched for these species by a qualified biologist within 72 hours prior to the start of Covered Activities. Any loose substrate in which lizards could bury themselves shall be gently raked with a hand tool (e.g., a garden rake) to a depth of two (2) inches to locate any lizards that could be under the surface.

All lizards of these species discovered at the work site shall be allowed to leave of their own volition. If this is not feasible, they shall be captured by a qualified biologist and reloc habitat 100 feet upstream or downstream from the work site. Permittee shall submit the survey reporting for Horned Lizard including a report of all individuals relocated from the work site to CDFW with the Annual Report (Reporting Measure 4.2(q)). Relocation information must include date(s) of relocation, number and species of individuals moved, and locations (coordinates and a description) of sites where individuals were relocated.

(e) Western Spadefoot, San Joaquin Coachwhip, and Western Pond Turtle: All individuals discovered during Covered Activities shall be allowed to leave the work site of their own volition. If this is not feasible, they shall be captured by a qualified biologist habitat 100 feet upstream or downstream. All relocation information including date(s) of relocation, number and species of individuals moved, and locations (coordinates and a description) of sites where individuals were relocated shall be included in the Annual Report (Reporting Measure 4.2(q)).

(f) Tricolored Blackbird: In each Subnotification, Permittee shall describe whether suitable nesting habitat for tricolored blackbird occurs on the work site or within a 300-foot buffer. If so, no Covered Activities shall occur during the nesting season of the species between March 15 through August 31 unless a qualified wildlife biologist conducts visual surveys for nesting activity of tricolored blackbird within the work site and a 300-foot buffer no more than two (2) weeks prior to the start of Covered Activity. Surveys shall be conducted at appropriate nesting times and concentrate on suitable nesting habitat for the species. Permittee shall submit tricolored blackbird survey reporting to CDFW within one (1) week following surveys. If a nesting colony is found, no Covered Activity shall occur within a 300-foot buffer of the nesting colony until a qualified biologist determines and CDFW confirms in writing that all chicks have fledged and are no longer reliant on the nest or parental care for survival. Alternately, Permittee may acquire a State Incidental Take Permit for tricolored blackbird prior to the start of Covered Activity.

(g) Golden Eagle and Bald Eagle: In each Subnotification, Permittee shall describe whether suitable nesting habitat for either of these species occurs on or within ½ mile buffer of the work site. If so, no Covered Activities shall occur during the nesting season of the species between March 1 through August 31 unless a qualified wildlife biologist conducts visual surveys for nesting activity of golden eagle and bald eagle within the work site and a ¼-mile radius no more than two (2) weeks prior to the start of Covered Activity. Surveys shall be conducted at appropriate nesting times and concentrate on suitable nesting structures for each species. Permittee shall submit nesting eagle survey reporting to CDFW within one (1) week following survey completion. A minimum no disturbance buffer of ¼-mile shall be delineated around active nests until the breeding season has ended or until a qualified wildlife biologist has determined and CDFW has confirmed in writing that the birds have fledged and are no longer reliant upon the nest or parental care for survival.

(h) : In each Subnotification, Permittee shall identify whether habitat occurs on or within ½ mile buffer of the work site. If so, no Covered Activity shall occur during the nesting season of the species between March 1 and August 31 unless a qualified wildlife

Committee (https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=83990&inline), beginning prior to the start of Covered Activities and continuing until the survey protocol is completed, including if Covered Activity will begin prior to the end of the survey protocol.