Executed_CDFW_1600-2021-0005-R4_Amendment_2.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

March 20, 2024

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

Subject: Amendment No. 2 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 minor amendment. Your request to amend the Agreement includes extending the timeline to complete the compensatory mitigation by an additional 24 months.

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

1. Modify the last paragraph of Compensatory Measure 3, beginning on Page 34 of the Agreement, as follows:

To meet this requirement, Permittee shall either purchase streambed credits and wetland credits from a CDFW approved conservation or mitigation bank pursuant to Compensatory Measure 3.2 below OR shall provide for both the permanent protection and management of Habitat Management (HM) lands pursuant to Compensatory Measure 3.3 below and the calculation and deposit of the management funds pursuant to Compensatory Measure 3.4 below. Purchase of streambed or wetland credits OR permanent protection and funding for perpetual management of HM lands must be complete before starting Covered Activities, or within 24 48 months of the effective date of this Agreement if Security is provided pursuant to Compensatory Measure 3.5 below for all uncompleted obligations.

2. Modify Compensatory Measure 3.2, beginning on Page 35 of the Agreement, as follows:

Notification No. 1600-2021-0005-R4 March 21, 2024

Bank Credits. If Permittee elects to purchase bank credits to complete compensatory mitigation obligations, then Permittee shall purchase streambed and wetland credits according to the mitigation rate between 3:1 and 10:1, determined by CDFW based on the location and determination of in-kind resources from a CDFW-approved mitigation or conservation bank, prior to initiating Project Activity, or no later than 18 48 months from the issuance of this Agreement if Security is provided pursuant to Compensatory Measure 3.6 below. Permittee may purchase only streambed or wetlands credits, and complete remaining mitigation requirements with HM lands. Prior to purchase of bank credits, Permittee shall obtain CDFW approval to ensure the mitigation or conservation bank is appropriate to compensate for the impacts of the Project. Permittee shall submit to CDFW a copy of the Bill of Sale(s) and Payment Receipt prior to initiating Project activities or within 24 48 months from issuance of this Agreement if Security is provided.

3. Modify the last paragraph of Compensatory Measure 3.6 on Page 40 of the Agreement as follows:

Even if Security is provided, Permittee must complete the required acquisition, protection, and transfer of all HM lands and record any required conservation easements no later than 24 48 months from the effective date of this Agreement.

CDFW may require Permittee to provide additional HM lands and/or additional funding to ensure that Project impacts are mitigated, if Permittee does not complete these requirements within the specified timeframe.

4. Modify Reporting Measure 4.2(p) on Page 43 of the Agreement, as follows:

Permanent protection and funding for perpetual management of mitigation acreage, completed before starting ground-disturbing activities or within 24 48 months of the effective date of this Agreement if Security is provided (Compensatory Measure 3).

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

Copies of the Agreement, Amendment No. 1, 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

Notification No. 1600-2021-0005-R4 March 21, 2024

ACKNOWLEDGEMENT

I hereby agree to the above-referenced amendment.

Print Name: _______________________________ Date: ____________________

Signature: ________________________________