EPIMS-SCR-46003-R3_Final_Agreement_(3).pdf

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

BAY DELTA REGION

2825 CORDELIA ROAD, SUITE 100

FAIRFIELD, CA 94534

STREAMBED ALTERATION AGREEMENT

EPIMS-SCR-46003-R3, REVISION 2

FILIPINA WARREN

CITY OF SANTA CRUZ DEPARTMENT OF PUBLIC WORKS

809 CENTER STREET

SANTA CRUZ, CA 95061

CITY OF SANTA CRUZ ROUTINE MAINTENANCE PROJECT

This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and City of Santa Cruz Department of Public Works (Permittee) as represented by Filipina Warren.

RECITALS

WHEREAS, pursuant to Fish and Game Code (FGC) section 1602, Permittee notified CDFW on December 5, 2023 that Permittee intends to complete the project described herein.

WHEREAS, pursuant to FGC section 1603, CDFW has determined that the project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources.

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

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

PROJECT LOCATION

This Agreement includes multiple project sites within the City of Santa Cruz (Exhibit A, City of Santa Cruz Routine Maintenance Waterways and Maps) and affects the following streams: Moore Creek, Natural Bridges, Arroyo Seco/Meder Canyon, Delaware/Bethany Creek, Bay Creek, Jordan Gulch, Lighthouse Channel, Laurel Creek, Dodero Creek, Ojas de Agua Channel, Wagner Grove Channel, Arroyo San Pedro Channel, Pogonip Creek, San Lorenzo River downstream of the Tait Street Diversion, Branciforte Creek, Pasatiempo Creek, Chrystal Gulch, Redwood Creek, Carbonera Creek, Jessie Street Marsh, Ocean Villa Creek, Pikington Creek, Arana Gulch, Dog Leg

EPIMS-SCR-46003-R3, Revision 2 Streambed Alteration Agreement

Creek, Hageman Gulch, Lombardi Creek, and Delaveaga Golf Course Irrigation Reservoir.

PROJECT DESCRIPTION

The City of Santa Cruz previously conducted the routine maintenance activities listed below under Streambed Alteration Agreement (SAA) 1600-2013-0176-R3 and 1600- 2018-0188-R3.

A. Permittee will conduct “routine maintenance activities” as described below at multiple Project sites on various drainages and waterways within the city limits of the City of Santa Cruz. These locations are described and mapped in Exhibits A and B.

B. Routine maintenance activities authorized under this Agreement are strictly limited to the following categories:

1. Removal of Obstructions around Structures and Facilities: This activity entails routine removal of debris embedded in beds or banks of waterways such as fallen trees, branches, debris, rubbish, garbage, silt, gravel, sediment and vegetation from areas immediately adjacent to man-made structures and facilities in stream channels.

For purposes of this Agreement, man-made structures and facilities include only the following: storm drain outfalls, tide gates, slide gates, culverts, revetments, bank protection, energy dissipaters, grade structures, constructed sediment basins, weirs, diversion structures, trash racks, stream gauge structures, fish ladders, fish screens, utility line crossings, bridge piers and cement flood control channels. Abatement of unsheltered population camps and removal of trash and other hazardous waste will be done year around and during dry weather.

2. Removal of Sediment, Debris, Vegetation and Logs in Channel Beds: This activity entails removal, displacement or dredging of sand, silt gravel, sediment, debris, removal of logs, and removal of tule and associated vegetation from channel beds to maintain channel capacity.

3. Vegetation Control on Banks: This activity entails removal of grasses and brush from banks to maintain channel capacity and as required for fire control. This activity does not authorize removal of native trees over four (4) inches diameter at breast height (DBH) without authorization from CDFW.

4. Planting of Riparian Vegetation: This activity entails planting of native riparian vegetation by hand or with rubber-tired backhoe along banks of streams and lakes and their tributaries.

5. Removal of Invasive Vegetation: This activity entails herbicidal and mechanical removal of non-native invasive vegetation. Mechanical removal methods authorized under this Agreement include mowing and cutting with hand tools. Herbicides are prohibited from use in wetland and stream habitats.

6. Repair of “Hard” Bank Stabilization Structures: This activity entails the repair or replacement of damaged or failed sections of rock rip rap, geo cell, concrete wall and/or crib wall bank revetments to maintain bank stabilization.

7. Maintenance of Culverts: This activity entails the routine maintenance or replacement of culverts.

8. Burrowing Rodent Mitigation: This activity entails mitigating the creation of rodent burrows by performing fumigation and grouting as a part of population control.

Fumigation and grouting shall be in accordance with specifications required by FEMA to maintain levee certification and structural support. Fumigation used will be carbon monoxide from a PERC machine and the grout mixture will be a 9-parts cement to 1-part bentonite mixed with water.

9. Installation of Baffle Plates: This activity entails the installation and removal of baffle plates in the Branciforte Creek flood control channel. One-quarter inch thick baffle plates and supporting hardware will be placed at 50-foot intervals where the channel slope is 0.0037 and at 100-foot intervals where the channel slope is 0.0019.

Installation, removal and modification of baffles and hardware shall be done in coordination with CDFW.

10. Maintenance of Stormwater and Wastewater Infrastructure: This activity includes the routine maintenance, repair, and/or replacement of existing stormwater and wastewater infrastructure. Infrastructure facilities include: 1) wastewater mains (pipes), manholes, vaults, and cleanouts; and 2) stormwater mains (pipes), manholes, culverts, catch basins, inlets and outlets, and headwalls. Routine maintenance of existing wastewater infrastructure will include cleaning, hydro-jetting, flushing, lining, recoating, and/or painting of existing infrastructure.

PROJECT IMPACTS

Existing fish or wildlife resources the Project could substantially adversely affect on-site and/or downstream include, but are not limited to the following:

Common Name Scientific Name Status

California red-legged frog Rana draytonii

FT,

SSC

California giant salamander Dicamptodon ensatus SSC

Santa Cruz black salamander Aneides niger SSC

Southwestern pond turtle Emys marmorata pallida SSC

Monarch butterfly Danaus plexippus FC

San Francisco dusky-footed woodrat Neotoma fuscipes annectens SSC

Pallid bat Antrozous pallidus SSC

Townsend's big-eared bat Corynorhinus townsendii SSC

Steelhead - central California coast DPS Oncorhynchus mykiss irideus pop. 8

FT

Coho salmon- Central California coast

ESU

Oncorhynchus kisutch

FE,

SE

Tidewater goby Eucyclogobius newberryi FE

Pacific lamprey Entosphenus tridentatus SSC

Amphibians and other aquatic wildlife

Roosting bats Nesting Birds Riparian vegetation

Notes:

FE = federally endangered under ESA; FT= federally threatened under ESA; FC = federal candidate species under ESA; SE = state endangered under CESA; SSC = state species of special concern

The adverse effects the Project could have on the fish or wildlife resources identified above include:

• Loss of natural bed or bank

• Change in contour of bed, channel or bank

• Change in gradient of bed, channel, or bank

• Change in channel cross-section (confinement or widening)

• Degradation or aggradation of channel

• Accelerated channel scour

• Change in composition of channel materials (Large Woody Debris or substrate particle size)

• Restriction or increase in sediment transport

• Debris transport impedance (from culverts and bridges)

• Increased turbidity

• Increased sedimentation (chronic or episodic)

• Short-term release of contaminant (e.g., incidental from construction)

• Loss or decline of riparian and/or emergent marsh habitat

• Decline of vegetative diversity

• Loss or decline of instream channel habitat

• Loss or decline of instream woody material

• Change to, or loss or decline of natural bed substrate

• Disruption to nesting birds and other wildlife

• Disturbance from project activity

• Loss or decline of aquatic species’ habitat: migration corridors, spawning or rearing areas

• Loss of connection to hyporheic zone

• Loss or impediment of terrestrial animal species travel routes due to permanent or temporary structures (e.g., survey tape, sandbags, erosion protection materials etc.)

• Change in stream flow (Q)

• Diversion or flow water from, or around, activity site

• Dewatering, and/or rewatering

• Change in flow, depth, width or velocity

• Flow deflection

• Change in percolation

• Impediment to migration of aquatic and terrestrial species

MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES

1. Administrative Measures

Permittee shall meet each administrative requirement described below.

Documentation at Project Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily available at the Project site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request.

Providing Agreement to Persons at Project Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the Project at the Project site on behalf of Permittee, including but not limited to contractors, subcontractors, inspectors, and monitors.

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

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

No Trespass. To the extent that any provisions of this Agreement provide for activities that require the Permittee to traverse another owner's property, such provisions are agreed to with the understanding that the Permittee possesses the legal right to so traverse. In the absence of such right, any such provision is void.

Work According to Documents. Except as otherwise indicated by measures required by this Agreement, all work shall be conducted in conformance with the Project description above and the avoidance, minimization, and mitigation measures provided in the notification package.

Additional Measures. As a result of any field inspection, CDFW may require that additional measures be applied to specific activities to protect sensitive biological resources. Such measures may be amended into this Agreement by CDFW or if an exception to authorized activities is identified, Permittee may be asked to submit separate written notification to CDFW.

Authorized Routine Maintenance Activities. Only those activities specifically described in the Project Description shall be conducted under this Agreement.

Exceptions to Authorized Activities. Permittee shall submit separate written notification pursuant to Section 1602 of the FGC, together with the required fee prescribed in the CDFW Streambed Alteration Agreement fee schedule, and otherwise follow the normal notification process prior to the commencement of work activities in all cases where one or more of the following conditions apply:

▪ The proposed work does not meet the criteria established for routine maintenance activities in the Project Description of this Agreement;

▪ The nature of the proposed work is substantially modified from the work described in the Project Description of this Agreement;

▪ CDFW advises Permittee that conditions affecting fish and wildlife resources have substantially changed at a specified work site or that such resources would be adversely affected by the proposed maintenance activity.

Unauthorized Take. Several project sites covered under this Agreement have been identified as areas that are potentially occupied by State and/or federally listed species. This Agreement does not authorize take, including handling, of any State or federally listed threatened or endangered species. Permittee is required to comply with all applicable State and federal laws, including the California Endangered Species Act (CESA) and federal Endangered Species Act (ESA).

Liability for any take or incidental take of such listed species remains the responsibility of Permittee for the duration of the Project. Projects requiring take authorization would require a separate Lake or Streambed Alteration Agreement.

Any unauthorized take of such listed species may result in prosecution and nullification of this Agreement.

CDFW-Approved Qualified Biologists and Biological Monitors. Permittee shall submit to CDFW for written approval, the names and resumes of all Qualified Biologists and Biological Monitors involved in conducting surveys or monitoring work. Permittee shall submit the names and resumes to CDFW through EPIMS at least seven (7) days before the start of the Project or before the start of surveys.

Resumes shall be submitted using the Biologist Resume Form (available at https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=202869) or another format containing the same information.

1.11.1 Qualified Biologist. A Qualified Biologist shall hold a bachelor’s degree from an accredited university in a biological or natural resources related field and shall: 1) https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=202869 be knowledgeable and experienced in the biology and natural history of local fish and wildlife resources present at the Project site; 2) have experience identifying, capturing, handling, and relocating the fish and/or wildlife species; 3) be familiar with relevant survey protocols and recent scientific literature; and 4) be knowledgeable of state and federal laws regarding the protection of sensitive species. A Qualified Biologist shall have a minimum of five years of academic training and professional experience in biological sciences and related resource management activities.

1.11.2 Biological Monitors. A Biological Monitor shall have academic and professional experience in biological sciences and related resource management activities as it pertains to this Project. Experience with construction-level biological monitoring, ability to recognize species that may be present within the Project area, and understanding of the habitats and behavior of those species are necessary prerequisites.

1.11.3 On-site Qualified Biologist, Biological Monitor or Construction Monitor with Stop Work Authorization. Permittee shall have a Qualified Biologist or Biological Monitor on site daily during project activities to minimize impacts to plant, fish, and wildlife habitat in those areas where wildlife surveys have documented species of special concern or where they are suspected to occur. All Biological Monitors for projects shall be approved by CDFW prior to commencement of covered activities. Qualified Biologists and Biological Monitors shall be authorized to stop construction if necessary to protect fish and wildlife resources.

If there is a threat of harm to any sensitive species, or other wildlife, the Qualified Biologist or Biological Monitor shall halt construction and notify CDFW.

Consultation with CDFW shall be required before re-commencing work.

1.11.4 Obtain Approvals for Qualified Biologists, Biological Monitors and Construction Monitors. Within a minimum of seven (7) days prior to initiating wildlife surveys within a project area, Permittee shall submit the names, resumes and contact information of all Qualified Biologists and Biological Monitors involved in conducting survey and/or monitoring work to CDFW for review and written approval under this Agreement.

Notification of Project Commencement/Completion. Permittee shall notify CDFW in writing at least five (5) days prior to initiation and within five (5) days of project completion. Permittee shall notify CDFW through EPIMS Status Reports under Work/Construction Schedule.

Fish Passage. The Project shall comply with Fish and Game Code section 5901 and shall not install or maintain any device or contrivance that prevents, impedes, or tends to prevent or impede, the passing of fish up and down stream.

Reporting. For all measures in this Agreement that require reporting, Permittee shall upload reports, surveys, etc. to EPIMS and email Alexis Harrison, Environmental Scientist, at Alexis.Harrison@wildlife.ca.gov and R3LSA@wildlife.ca.gov if staffing has changed.

2. Avoidance and Minimization Measures

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

Scope of Work. The Project constitutes minor alterations to the conditions of land and/or water from activities that can reasonably be considered "routine maintenance." "Maintenance" refers to generally limited tasks that occur repeatedly over time and are necessary to maintain and preserve facilities and amenities in good condition. Maintenance activities include, but are not necessarily limited to the following: repairs, replacement, and cleaning of existing facilities and infrastructure; installation of minor new structures or infrastructure undertaken to improve an existing facility or infrastructure; activities such as minor grading, sediment removal or vegetation control to correct conditions that threaten or degrade natural environments (such as non-native plant species control, removal of trash from channels or drainage and erosion repairs, and habitat enhancement).

These activities are defined in Table 2: Summary of Proposed Maintenance Activities by Location (Exhibit D). This Agreement does not authorize the use of gabion baskets, grading in wetlands and waterways, or removal of mature trees.

Additionally, the Agreement does not authorize expansion of existing facilities.

Prohibition of Alteration of Channel Form. Any form of channel straightening or modification of the lateral form of a channel shall not be covered by the Agreement and will require a separate notification.

Seasonal Work Period. Work authorized under this Agreement shall be limited to June 15 to October 15 of each year. Work proposed within seasonally dry stream channels may be allowed between May 15 and June 14 with CDFW written concurrence.

2.3.1 Permittee may request a seasonal work extension on a per-project basis to October 31st during dry seasons.

Completion by End of Work Period. No project shall be initiated unless there is high confidence that it can be completed before the end of the work windows designated in Measures 2.3 and 2.4. “Completed” includes installation of any erosion and drainage control features. After September 15 of each year, projects that have not been started, are still underway, or meet the conditions in Measures

2.4 shall be evaluated to ensure they can be completed before the end of the applicable work window. Those projects unlikely to be completed before the end of the work windows shall not be started or shall be winterized to be completed in the following year.

mailto:Alexis.Harrison@wildlife.ca.gov mailto:R3LSA@wildlife.ca.gov

Conduct Work during Daylight Hours. Unless otherwise authorized in writing by CDFW, Permittee shall terminate all Project activities covered under this Agreement 30 minutes before sunset and shall not resume until 30 minutes after sunrise. Permittee shall use sunrise and sunset times established by the U.S.

Naval Observatory Astronomical Applications Department for the geographic area where the Project is located.

Work Period in Dry Weather Only. Project activities within the stream and riparian corridor shall be restricted to dry weather as allowed during the work period specified in Measure 2.3. Project activities shall be timed with awareness of precipitation forecasts and potential increases in stream flow. Permittee shall monitor the National Weather Service (NWS) 72-hr forecast for the Project area.

Project activities within the stream and riparian corridor shall cease when the National Weather Service (NWS) 24-hour weather forecast indicates a 40 percent chance or higher of precipitation of at least 0.25-inch of precipitation. All necessary erosion control measures shall be implemented prior to the onset of precipitation.

Any construction equipment and materials shall be removed if inundation is likely.

Project activities halted due to precipitation may resume after a dry out period of 24-hours after the above referenced wet weather. Weather forecasts shall be documented upon request by CDFW. The National Weather Service forecast can be found at: http://www.nws.noaa.gov.

Post-Storm Event Inspection. After any storm event, Permittee shall inspect all sites scheduled to begin or continue construction within the next 72 hours.

Corrective action for erosion and sedimentation shall be taken as needed. National Weather Service 72-hour weather forecasts shall be reviewed prior to the start of any phase of the Project that may result in sediment runoff to the stream, and construction plans adjusted to meet this requirement.

Dry Out Period. No work shall occur during a dry out period of 48 hours after there has been ¼ inch or more of precipitation.

Training Session for Personnel. Permittee shall ensure that a CDFW-approved Qualified Biologist (Measure 1.12) conducts an education program for all persons employed on the Project prior to performing Project activities. Instruction shall consist of a presentation by the Qualified Biologist that includes a discussion of the biology, general behavior, and the habitats of the species identified in the Agreement and that may be present at the site, how they may be encountered within the work area, and procedures to follow when they are encountered. The status of CESA-listed species including legal protection, penalties for violations and Project-specific protective management measures provided in this Agreement shall also be discussed. Interpretation shall be provided for non-English speaking workers, and the same instruction shall be provided for any new workers prior to on-site Project activity. Copies of the Agreement for this Project shall be maintained at the worksite with the Project supervisor. All workers present at the on-site education shall sign a roster acknowledging that they participated in the training event and http://www.nws.noaa.gov/ that roster shall be kept on-site and made available upon request. Any personnel joining the work crew later shall receive the same training before beginning work unless City staff have previously received the training in the past or if the site has low potential for special status species. For routine maintenance activities conducted by City personnel, project and site-specific information can be provided as a document.

General Pre-Construction Biological Survey. For each routine maintenance activity, Permittee shall have a Qualified Biologist conduct a pre-project survey within and adjacent to the proposed work area, within 48 hours prior to the start of work. The Qualified Biologist shall survey the Project area at the appropriate time of day for presence of special-status and non-special-status species. Pre-project survey shall include: a) general survey for botanical and wildlife resources; b) visual survey of work areas with flowing or standing water for any aquatic species that may be impacted by Project activities; and c) survey of culvert, bridges, or other structures to determine if these structures are being used for nesting, roosting, or habitat refugia. The Qualified Biologist shall record all wildlife species encountered during survey(s) and submit the record to CDFW within seven (7) days after survey completion (see Measure 4.5).

Daily Clearance Survey. Before the start of daily project activities, the Qualified Biologist or Biological Monitor shall inspect the work areas, equipment and material left onsite, and any access routes into the work area and nearby vicinity for the presence of special-status species or other wildlife. If any species is detected in harm’s way, construction activities shall not begin until the species has left the site of its own volition or relocated by the Qualified Biologist/Biological Monitor.

Relocation of Stranded Wildlife. Any wildlife species found during pre-construction or daily clearance surveys shall not be harassed and shall be allowed to leave the project area unharmed. If needed, the Qualified Biologist may guide, handle, or capture an individual non-listed wildlife species to move it to a nearby safe location within nearby refugium, or it shall be allowed to leave the project site of its own volition. If the wildlife species is discovered or is caught in any pits, ditches, or other types of excavations, the Qualified Biologist shall release it into the most suitable habitat near the site of capture. This measure does not authorize “take” of any state or federally listed species. If the Permittee encounters a listed or fully protected species during a Project activity that could be harmed, Permittee shall suspend work and consult with CDFW. CDFW reserves the right to provide additional measures to this Agreement designed to protect special-status species.

Designation of Work Area. Prior to the start of Project activities, a Biological Monitor or Qualified Biologist shall clearly mark/flag or erect temporary construction fencing to designate the work area and to delineate the areas that shall be avoided. The boundaries shall be inspected on a regular basis to ensure that work has remained within the marked boundaries Flagging and/ or temporary construction fencing shall be removed immediately after the completion of construction work.

Culverts

No New Culverts. This Agreement does not cover the installation of new culverts in places where culverts did not previously exist.

Watershed Size Limitations in Culverts. No culvert shall be replaced where the upstream watershed size measured from the culvert inlet is greater than 200 acres.

Culvert Design. All project culverts shall comply with the following design criteria:

• The new culvert shall be as large as or larger than the existing culvert

• All culverts shall be sized to convey at least the 100-year estimated peak flow with consideration to debris and bedload.

• The new culvert shall be installed at or below grade.

• No culverts shall be placed in waterways that may contain listed and/or anadromous fish.

• Permanent and temporary pipes shall consist of non-plastic derived materials in locations within high fire hazard severity zones by the CalFire https://osfm.fire.ca.gov/what-we-do/code-development-and-analysis/wildland-hazards-and-building-codes. Exceptions may be authorized upon written request and written approval from CDFW (via E-mail).

• Properly aligned within the channel and otherwise engineered, installed and maintained, to resist washout and erosion of the stream bed, stream banks and/or fill; and

• Embedded below the natural channel grade to facilitate substrate deposition on the culvert floor.

Bank Stabilization

Bank Stabilization. This Agreement does not authorize bank or channel fill, such as placement of imported soils, riprap, etc., with the exception of (1) fill required for in-kind repair or replacement of existing bank stabilization, and (2) minor bank repair limited to channel reaches of less than 100 linear feet. Bank repair projects that would result in a net increase in riprapped or hardened bank area shall require a separate notification. Placement of new riprap, a new retaining wall, or other new hardscape where none currently exists is not authorized under this Agreement.

Work shall be confined to damaged or failed sections of existing bank stabilization only.

2.17.1 Streambank areas receiving rock slope protection shall be backfilled with appropriate native or clean imported topsoil. Native soil materials shall be used to fill voids in the rock slope protection above the normal high water mark and https://osfm.fire.ca.gov/what-we-do/code-development-and-analysis/wildland-hazards-and-building-codes https://osfm.fire.ca.gov/what-we-do/code-development-and-analysis/wildland-hazards-and-building-codes provide a substrate for revegetation efforts.

Replacement of Hard Bank Stabilization Structures. Failed hard bank stabilization structures that cannot be repaired shall be replaced with one of the methods presented in the Watershed and Stream Bank Stability chapter in the California Salmonid Steam Habitat Restoration Manual available online at https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=22610&inline. Designs of replacement structures shall be submitted to CDFW for review, comment, and approval at least 6 months prior to the start of construction. Active channels shall not be narrowed as a result of these repairs. Written acceptance of design plans by CDFW must be received before replacement activities may commence, except in cases where work is covered under Fish and Game Code section 1610. Variances from this measure may be requested and granted with written acceptance from CDFW. Variance requests must provide justification for the variance for consideration.

Grouted Riprap. Routine maintenance activity requiring grouting of Rip Rap shall be less than 5 square feet or 5% of the overall structure area whichever is less will be repaired on an annual basis. Repairs shall be limited to sealing cracks and replacing rock in-like kind and place.

Instream Debris Removal

No Instream Equipment. No equipment shall enter a stream channel at any time.

General Measures

Limitations on Vegetation Removal. The disturbance or removal of vegetation shall not exceed the minimum necessary to accomplish maintenance needs. No removal of vegetation within 10 feet of an active channel shall occur in waterways supporting salmonids. Woody and herbaceous plants, fallen trees, or trunks or limbs lodged in the bed or bank causing flow restriction shall be cut off at the bed or bank invert and shall not be excavated from a stream channel. Any trees which must be cut are to be cut at ground level and the root mass left in place to maintain bank stability. No trees (native or non-native) over four (4) inches diameter at breast height (DBH) shall be removed without written approval from CDFW. Any trees (native or non-native) removed over four (4) inches at DBH with CDFW written approval shall be replaced according to Measure 3.1, and exposed/disturbed areas shall be re-vegetated according to Measure 3.2.

Vegetation Removal Methods. Hand tools (e.g., trimmer, chain saw, etc.) shall be used to trim vegetation to the extent necessary to gain access to the work sites. No bulldozers, backhoes, or other heavy equipment shall be used to remove vegetation along streambanks or within the stream unless submitted to and approved by CDFW in writing during annual project notifications.

https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=22610&inline

Stumps or Large Woody Debris Restrictions. Embedded pieces of large woody debris or stumps that potentially serve as basking sites or that encourage pool formation shall be left in place if it does not obstruct the flow of water and there is adequate flood flow capacity.

Disposal of Invasive Plant Material. Invasive plant material shall be disposed of offsite. If there are suitable onsite disposal areas, Permittee shall identify the areas, and provide CDFW with measures and examples of how the spread of weed seeds will be prevented.

Dry Work Areas

Work Conducted in Wetted Channel. No equipment shall be operated in wetted areas of a stream (including flowing or ponded water) at any time, except as may be necessary to construct coffer dams (as listed in the Measures below) to divert stream flow and isolate the work site when replacing culverts. Any non-equipment work within a stream channel shall be performed in isolation from the flowing stream where feasible and erosion protection measures shall be in place before work begins. Permittee shall monitor turbidity levels up and downstream of the project site before and during project activities and shall keep a log of turbidity data. The turbidity logs shall be sent to CDFW staff, Alexis Harrison via email Alexis.Harrison@wildlife.ca.gov within the annual reports for completed projects (Measure 4.4). Routine maintenance activities shall not result in increases in turbidity of the stream, as measured by Nephelometric turbidity units (NTU), of more than 20 percent of upstream sampling locations. Upon CDFW or Permittee’s determination that turbidity/siltation levels resulting from project related activities constitute a threat to aquatic life, activities associated with the turbidity/siltation shall be halted until effective CDFW approved control devices are installed or abatement procedures are initiated.

Salmonid Streams. Routine maintenance activity that requires dewatering shall be submitted to CDFW for review, comment, and written approval prior to work starting. Best Management Practices (BMPs) and seasonal work limits shall be implemented to avoid take of listed fish species.

Fish Exclusion. Fish shall be excluded from the work area by blocking the stream channel above and below the work area with fine-meshed net or screen. Mesh shall be no greater than 1/8-inch in diameter. The bottom edge of the net or screen shall be completely secured to the channel bed to prevent fish from re-entering the work area. Exclusion screening shall be placed in areas of low water velocity to minimize fish impingement. Screens shall be regularly checked and cleaned of debris to permit free flow of water.

Coffer Dams. Coffer dams may only be used for culverts or bank stabilization projects if work will be conducted in a flowing stream during replacement or repair activities. Permittee shall construct coffer dams upstream and downstream of the mailto:Alexis.Harrison@wildlife.ca.gov construction site and divert all flow from upstream of the upstream dam to downstream of the downstream dam.

Coffer Dam Material. Permittee shall construct coffer dams with clean river run gravel or sand bags, and may be sealed with sheet plastic. Upon completion of a project, sand bags and any sheet plastic shall be removed from the stream. Clean river run gravel may be left in the stream channel, provided it does not impede stream flow or fish passage, and conforms to natural channel morphology without significant disturbance to natural substrate. Permittee shall coordinate coffer dam construction and dewatering with a CDFW-approved Qualified Biologist to perform fish and amphibian relocation activities.

Coffer Dam Checks for Stranded Aquatic Life. A Biological Monitor or Qualified Biologist shall check daily for stranded aquatic life as the water level in the dewatering area drops. A Biological Monitor or Qualified Biologist shall check the dewatered areas every day for stranded aquatic life after dewatering occurs. All reasonable efforts shall be made to capture and move all stranded aquatic life observed in the dewatered areas. Capture methods may include fish landing nets, dip nets, buckets and by hand. Captured aquatic life shall be released immediately in the closest body of water adjacent to the work site. This measure does not allow for the take or disturbance of any state or federally listed species.

Coffer Dam Bypass Flows. When bypassing stream flow around a work area, stream flow below the construction site shall be maintained similar to the unimpeded flow at all times.

Coffer Dams and Work Area Seepage. The work area shall be periodically pumped dry of seepage. Permittee shall place pumps in flat areas, away from the stream channel. Pumps shall be secured by tying off to a tree or staked in place to prevent movement by vibration. Pump intakes shall be covered with 0.125-inch mesh to prevent entrainment of fish or amphibians that failed to be removed. Pump intakes shall be periodically checked for impingement of fish or amphibians that shall be relocated according to the approved measured outlined for each species below.

Coffer Dams and Flow Diversion around Work Areas. If necessary, flow shall be diverted around the work site, either by pump or by gravity flow, and the suction end of the intake pipe shall be fitted with fish screens meeting CDFW and National Oceanic and Atmospheric Administration (NOAA) criteria to prevent entrainment or impingement of small fish. Any turbid water pumped from the work site itself to maintain it in a dewatered state shall be disposed of in an upland location where it will not drain directly into any stream channel.

Water Surface Elevation. During dewatering of the channel, the decrease in water surface elevation (WSE) shall be controlled such that WSE does not change at a rate that increases turbidity to the creek that could be deleterious to aquatic life and the likelihood of stranding aquatic life up- and downstream of the creek. Flows shall be provided to downstream reaches during all times the natural flow would have supported aquatic life. Said flows shall be of sufficient quality and quantity, and of appropriate temperature to support fish and other aquatic life both above and below the diversion.

Nonnative Aquatic Species Removal. Any aquatic nonnative invasive species found shall be disposed of properly and shall not be placed back into the creek where work is being conducted or any other drainages, creeks or streams.

Permittee shall send a list to CDFW of species found and the location they were found after completion of project activities.

Silt Curtains. The Permittee shall deploy silt curtains or other appropriate silt filtering devices, such as straw bales, around the excavation site to prevent heavily silted water from impacting areas around the site. The silt curtain or silt filtering devices shall be maintained throughout all phases of the excavation and construction activities. Once water is cleared from a site, Permittee may pump heavily silted water to a baker tank and discharge it into upland areas.

Relocation of Fish and Amphibians. Prior to dewatering a site, a Qualified Biologist with all the necessary State and Federal permits shall capture and relocate native fish and amphibian species. Measures shall be taken to minimize harm and mortality to native species resulting from fish relocation and dewatering activities, as follows:

2.37.1 Rescued fish shall be moved to the nearest appropriate site outside of the work area. A record shall be maintained of all fish rescued and moved. The record shall include the date of capture and relocation, the method of capture, the location of the relocation site in relation to a project site, and the number and species of fish captured and relocated. The record shall be provided to CDFW within two weeks of the completion of the work season or project, whichever comes first.

2.37.2 Prior to capturing fish, the most appropriate release location(s) shall be determined, using the following criteria: water temperature shall be similar as the capture location; there shall be ample habitat for the captured fish; and there shall be a low likelihood for the fish to re-enter the work site or become impinged on exclusion net or screen.

2.37.3 Handling of native fish species within the project area shall be minimized.

However, when handling is necessary, the qualified biologist shall always wet hands or nets prior to touching fish.

2.37.4 The Qualified Biologist shall temporarily hold fish in cool, shaded, aerated water in a flow-through live car. The Qualified Biologist shall protect fish from jostling and noise and do not remove fish from this container until time of release.

2.37.5 The Qualified Biologist shall measure air and water temperatures periodically. A thermometer shall be placed in holding containers and, if necessary, periodically conduct partial water changes to maintain a stable water temperature. If water temperature reaches or exceeds 18 °C, fish shall be released and rescue operations ceased.

2.37.6 Overcrowding in containers shall be avoided by having at least two containers and segregating young-of-year (YOY) fish from larger age-classes to avoid predation. Larger amphibians may be placed in the container with larger fish. If fish are abundant, the capturing of fish and amphibians shall cease periodically and shall be released at the predetermined locations.

2.37.7 The Qualified Biologist shall perform initial fish relocation efforts several days prior to the start of construction. This provides the biologist an opportunity to return to the work area and perform additional electrofishing passes immediately prior to construction.

2.37.8 If mortality during relocation occurs, capturing efforts shall stop, and the Qualified Biologist shall contact the appropriate agencies immediately.

2.37.9 The Qualified Biologist shall conduct relocation activities in the morning when temperatures are cooler.

Equipment and Operations

Operating Equipment and Vehicle Leaks. Any equipment or vehicles driven and/or operated adjacent to the stream shall be checked and maintained daily to prevent leaks of materials that could be deleterious to aquatic and terrestrial life or riparian habitat.

Stationary Equipment Leaks. Stationary equipment such as motors, pumps, generators, and welders, located within or adjacent to the stream shall be positioned over drip pans. Stationary heavy equipment shall have suitable containment to handle a catastrophic spill/leak.

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

Staging and Storage Areas. Construction equipment, building materials, fuels, lubricants and solvents shall not be stockpiled or stored where they could be washed into State waters or where they will cover aquatic or riparian vegetation.

Check Equipment for Leaks. Any equipment or vehicles driven and/or operated adjacent to the stream and riparian corridor shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life, wildlife or riparian habitat. Vehicles shall be moved 150 feet away from the stream prior to refueling and lubrication.

Inspection of Project Equipment. Permittee shall inspect all vehicles, tools, waders and boots, and other Project-related equipment and remove all visible soil/mud, plant materials, and animal remnants prior to entering and exiting the stream and/or between each use in different watersheds.

Decontamination of Project Equipment. Permittee shall decontaminate all tools, waders and boots, and other equipment that will enter the streambed and make contact with water or wetted soils prior to entering and after exiting the stream. If equipment is operating to avoid contact with water or wetted soils, then it is otherwise permissible to conduct the work without specialized decontamination procedures for aquatic invasive animal species (Conditioned in this Agreement), but activities would need to be in compliance with other Conditions of this Agreement and any other federal, state, or local laws or ordinances. For example, general conditions in the existing Agreement to make sure visible dirt, mud, and plant materials are removed from equipment prior to entering the stream, but do not require the specialized thermal, freezing, and/or drying methods developed for aquatic invasive animal species. If decontamination for aquatic invasive animal species is applicable, Permittee shall decontaminate Project gear and equipment utilizing one of three methods: drying, using a hot water soak, or freezing, as appropriate to the type of gear or equipment. For all methods, Permittee shall begin the decontamination process by thoroughly scrubbing equipment, paying close attention to small crevices such as boot laces, seams, net corners, etc., with a stiff-bristled brush to remove all organisms. To decontaminate by drying, Permittee shall allow equipment to dry thoroughly (i.e., until there is a complete absence of water), preferably in the sun, for a minimum of 48 hours. To decontaminate using a hot water soak, Permittee shall immerse equipment in 140°F or hotter water and soak for a minimum of five (5) minutes. To decontaminate by freezing, Permittee shall place equipment in a freezer 32°F or colder for a minimum of eight (8) hours. Repeat decontamination is required only if the equipment/clothing is removed from the site, used within a different watershed, and returned to the Project site.

Decontamination Sites. If decontamination for aquatic invasive animal species is applicable, Permittee shall perform decontamination of vehicles, watercraft, and other Project gear and equipment in a designated location where runoff can be contained and not be allowed to pass into stream and riparian areas.

Material Handling, Debris, and Waste

No Dumping. Permittee and all contractors, subcontractors, and employees shall not dump any litter or construction debris within the stream, or where it may pass into the stream. Permittee shall pick up and property dispose of all trash (e.g., food wrappers, zip ties, etc.) daily.

Disposal and Removal of Materials. All removed spoils and construction debris shall be moved outside the work area prior to inundation by water. Spoil sites shall not be located within the stream channel or areas that may be subjected to stream flows, where spoil may be washed back into a stream, or where it may impact streambed habitat, aquatic or riparian vegetation. All removed material shall be disposed of according to state and local laws and ordinances.

Placement of Spoils. Permittee shall not place spoils where it could enter a stream or other sensitive habitat, such as wetlands, or place over vegetation except as specifically noticed to and accepted by CDFW, in writing. Spoils shall be hauled offsite or stockpiled in an upland location where it shall be covered with plastic sheeting or visquine whenever it is evident that rainy conditions threaten to erode loose soils into sensitive habitats.

Deleterious Materials

Pressure Treated Wood. No use of pressure treated wood shall be allowed under this Agreement.

Imported Materials. Permittee shall not import, take from or move any rock, gravel, and/or other materials within the streambed or banks except as otherwise addressed in this Agreement.

Deleterious Materials. Debris, soil, silt, bark, slash, sawdust, rubbish, creosote-treated wood, raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could be deleterious to aquatic life, wildlife, or riparian habitat resulting from the Project related activities shall be prevented from contaminating the soil and/or entering the waters of the state.

Concrete

Concrete and Cement Allowed Activities. Concrete and/or cement may only be used in the following routine maintenance activities: rodent control, culvert headwall replacement, and repair of “hard” bank stabilization structures.

Concrete – Primary Containment. The Permittee shall install the necessary containment structures to control the placement of wet concrete and to prevent it from entering into the channel outside of those structures. No concrete shall be poured within the high flow line if the 7-day weather forecast indicates any chance of rain.

Use of Cement Materials. Water that has come in contact with uncured concrete or grout shall not be allowed to enter the stream channel until the pH of the water is between 6.5 and 8.0 pH units. No concrete shall be placed or poured in a location that may contact state waters within 30 days of pouring unless the concrete is isolated from the creek water through appropriate wrapping or use of a water barrier. Wrapping or water barriers shall be installed in consultation with CDFW.

Wash-down water from concrete delivery trucks, concrete pumping equipment, and other tools and equipment used in concrete work shall not be allowed to enter the stream channel and shall be removed from the site for treatment following construction. No dry concrete shall be placed on the banks or in a location where it could be carried into the channel by wind or runoff.

Concrete – Designated Monitor. At all times when the Permittee is pouring or working with wet concrete there shall be a designated monitor to inspect the containment structures and ensure that no concrete or other debris enters into the channel outside of those structures.

Spills and Emergencies

Spill Kits. Prior to entering the work site, all field personnel shall know the location of spill kits and be trained in their appropriate use.

Spill of Material Deleterious to Fish and Wildlife. In the event of a hazardous materials spill into a stream, the Permittee shall immediately notify the California Office of Emergency Services State Warning Center by calling 1-800-852-7550 and immediately provide written notification to CDFW by email. The Permittee shall take all reasonable measures to document the extent of the impacts and affected areas including photographic documentation of affected areas and injured or dead fish and wildlife species. The Permittee shall meet with CDFW within ten (10) days of the reported spill in order to develop a resolution including: site clean-up, site remediation and compensatory mitigation for the harm caused to fish, wildlife and the habitats on which they depend as a result of the spill. The Permittee shall be responsible for all spill clean-up, site remediation and compensatory mitigation costs.