Executed_1600-2021-0005-R4_Amendment_1.pdf

State of California Natural Resources Agency GAVIN NEWSOM, Governor

DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Central Region 1234 East Shaw Avenue Fresno, California 93710

(559) 243-4593 www.wildlife.ca.gov

Conserving California

August 2, 2023

Gerald Snow California Department of Water Resources 715 P Street, 5th Floor, Mailbox 9 Sacramento, California 94236 Gerald.Snow@water.ca.gov

Subject: Amendment Number 1 of Lake or Streambed Alteration

Agreement Notification No. 1600-2021-0005-R4 B.F. Sisk Safety of Dams Modification Project San Luis Reservoir, O Neill Forebay, Unnamed Streams, and Associated Wetlands Merced County

Dear Gerald Snow:

The California Department of Fish and Wildlife (CDFW) has received your request to amend Master Lake and Streambed Alteration Agreement No. 1600-2021-0005-R4 (Agreement) and the required fee for a major amendment. Your request to amend the Agreement includes changes to the Subnotification review process and increases the permanent impacts to stream and associated wetland areas by 0.91 acres.

CDFW hereby agrees to amend the Agreement with the following modifications, with deleted language in strikeout and added language in bold.

1. Modify the Project Location on Page 1 of the Agreement as follows:

The Project will occur within 11.82 12.73 acres of lake (San Luis Reservoir and

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

Sections, all within Mount Diablo Base and Meridian) of the Project areas are included in Table 1 below.

Notification No. 1600-2021-0005-R4

2. Modify Table 1 of the Project Location on Page 2 of the Agreement as follows:

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 10 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

3. Modify the first paragraph of the Project Impacts on Page 7 of the Agreement, as follows:

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

10.76 11.67 acres and temporary impacts to 1.06 acres. Permanent impacts comprise 9.22 9.87 acres of stream impacts and 1.54 1.8 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.

4. Modify the Table 2 of the Project Impacts on Page 8 of the Agreement as follows:

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 2.95 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 6.46

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 1.46

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

Association.

Seasonal Wetland (wetland)

0.16 0.26

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 11.67

1.06

5. Add the following to Administrative Measure 1.1 on Page 12 of the Agreement:

(f) Subnotification Work Period Extension: If additional time is needed to complete Covered Activities described in an approved Subnotification, Permittee shall provide a written request to CDFW for written approval.

Requests shall be submitted at least 14 days prior to expiration of the approved Subnotification work period. The request shall include 1) a description of Covered Activities already completed including impacts;

2) a description of the Covered Activities that remain including impacts;

and 3) the updated work period end date, schedule, and workdays. No changes to the Covered Activity or impacts may be made.

6. Modify Compensatory Measure 3.1 on Page 35 of the Agreement as follows:

For the purposes of determining the Security amount, CDFW has estimated the cost sufficient for CDFW or its contractors to complete acquisition at the maximum mitigation rate of 10:1 for permanent impacts to 10.76 acres (9.22 acres of streams and 1.54 acres of wetland), for the protection and perpetual management of the HM lands as follows:. Following the increase of Project impacts by 0.91 acres (0.65 acres of stream and 0.26 acres of wetland) in Amendment No. 1 to this Agreement, no additional Security amount shall be required above what is described below. The mitigation requirements shall apply to the total impacts as amended.

Please complete the acknowledgement below to note agreement with the amendment.

Copies of the Agreement and this amendment must be readily available at Project worksites and must be presented when requested by a CDFW representative or agency with inspection authority. If you have any questions regarding this matter, please contact Benessa Galvan, Senior Environmental Scientist (Specialist), at (559) 580-3197 or by email at Benessa.Galvan@wildlife.ca.gov.

Sincerely, Julie A. Vance Regional Manager

ACKNOWLEDGEMENT

I hereby agree to the above-referenced amendment.

Print Name: _______________________________ Date: ____________________

Signature: ________________________________