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13-0115_HANSON, RONALD B._D14_Agenda Report1/15/2013 014 City of San Juan Capistrano TO: FROM: K.ceo P Bru't c~~~/~~O r! j, Keith Van Der Maaten, Ut1~ ,D~fe:tofiX1{;Jtr:/lf1. Prepared by: Justin Kirk, Senior Mana~~~/r;t A~alyst. , January 15, 2013 DATE: SUBJECT: Consideration of Approval of Right of Entry License Agreement to Perform Arizona Crossing Mitigation Work (Ronald B. Hanson) RECOMMENDATION: By motion, approve the Right of Entry License Agreement between the City of San Juan Capistrano and Ronald B. Hanson, property owner, to allow the City to perform mitigation work as part of the Arizona Crossing restoration project. EXECUTIVE SUMMARY: As part of the Streambed Alteration Agreement (Attachment 1) to restore the Arizona Crossing, at Reata Park and Event Center the City was required to submit a Habitat Mitigation Monitoring Plan (HMMP) (Attachment 2). The HMMP that was approved by the Department of Fish and Game (DFG) included on-site re-vegetation efforts, as well as off- site efforts to remove 2,000 square feet of Arundo donax (a tall perennial cane that is highly invasive in the riparian corridor) and the planting of willow trees within the removal area to stimulate re-establishment of riparian habitat. The proposed off-site mitigation site is within Trabuco Creek and located on private property which requires a Right of Entry License Agreement between the City and the property owner to allow the City to access the site and perform the mitigation work (Attachment 3). This site was selected as it is adjacent to an ongoing City mitigation site known as the 2C Ranch Restoration Project which is restoring riparian habitat in Trabuco Creek from east of the Interstate 5 Freeway down to the property line of the Sycamore Stables. The City has met with the property owner of the off-site mitigation property and has developed an agreement for the City to access and remove the giant cane and maintain the site until the native riparian vegetation is re-established and/or until mitigation has been deemed physically and functionally successful by DFG. DISCUSSION/ANALYSIS: During the heavy rains of December 2010 and January 2011, the existing Arizona Crossing was destroyed. Staff obtained a Streambed Alteration Agreement from DFG and completed the repairs to the Arizona Crossing on November 30, 2012. The HMMP also includes a five-year minimum maintenance, monitoring, and reporting program. In that program, a qualified habitat restoration specialist with appropriate City Council Agenda Report January 15, 2013 Pa e 2 of 2 credentials and experience in native habitat restoration shall perform annual monitoring to assess the attainment of annual and final success and to identify the need to implement contingency measures in the event of failure. The monitoring shall be for five-years or until the success criteria as outlined in the HMMP has been met and confirmed by DFG. Additionally, a project biologist will conduct qualitative monitoring surveys on a quarterly basis for the first year and biannually thereafter for the remainder of the monitoring period. The annual cleaning of non-native vegetation will be done by City maintenance crews on an as needed basis, or a minimum of two times per year. An annual mitigation, maintenance, and monitoring report must be submitted to DFG for a minimum of five years and until mitigation has been deemed physically and functionally successful by DFG. FISCAL IMPACT: The cost of the off-site mitigation work to remove the Arundo dorax and to plant willow trees within the removal area and the monitoring for this Fiscal Year have been included in the current Arizona Crossing project budget and is part of the Capital Improvement Project (CIP) 11203 budget and therefore no additional appropriations of funds are necessary at this time. Work is targeted to be completed by February 1, 2013, in order to avoid the migratory bird breeding season. Starting in Fiscal Year 2013-2014, approximately $15,000 per year for a minimum of the next five years (for a total cost of $75,000), will need to be appropriated to cover the annual maintenance, monitoring, and reporting costs associated with these mitigation efforts. The first annual report is due no later than October 15, 2013. These costs were not included in the Fiscal Year 2013-2014 Public Works Operating Budget and will be appropriated during the midterm budget update. These funds will also be included in subsequent fiscal year budgets until the project is complete. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: On October 16, 2012, the City Council approved the Streambed Alteration Agreement for the Repair and Maintenance of the Arizona Crossing at Reata Park and Event Center. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Not applicable. ATTACHMENTS: Attachment 1-Right of Entry License Agreement Attachment 2-Habitat Mitigation and Monitoring Plan (HMMP) Attachment 3-Streambed Alteration Agreement California Natural Resources Agency DEPARTMENT OF FISH AND GAME South Coast Region 3883 Ruffin Road San Diego, CA 92123 (858) 467-4201 www.dfg.ca.gov October 31, 2012 Mr. William W. Curry City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject Final Lake or Streambed Alteration Agreement Notification No. 1600-2012-0116-R5 Arizona Crossing at Reata Park Dear Mr. Curry: EDMUND G. BROWN, Jr .. Governor CHARLTON H. BONHAM, Director Enclosed is the final Streambed Alteration Agreement (Agreement) for the Arizona Crossing at Reata Park (Project). Before the Department may issue an Agreement, it must comply with the California Environmental Quality Act (CEQA). In this case, the Department, acting as a responsible agency, determined your project is exempt from CEQA and filed a notice of exemption (NOE) on the same date it signed the Agreement. Under CEQA, filing a NOE starts a 35-day period within which a party may challenge the filing agency's approval of the project. You may begin your project before the 35-day period expires if you have obtained all necessary local, state, and federal permits or other authorizations. However, if you elect to do so, it will be at your own risk. Stephen J arez Environmental Program Manager Conserving Ca[ifornia's WiU{ije Since 1870 Attachment 1 California Natural Resources Agency DEPARTMENT OF FISH AND GAME South Coast Region 3883 Ruffin Road San Diego, California 92123 (858)-467-4201 www.dfg.ca.gov October 31, 2012 Mr. William Curry City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 EDMUND G. BROWN. Jr .. Governor CHARLTON H. BONHAM, Director UTILITY DEPARTMENT NOV 5 2012 CITY OF SAN JUAN CAPISTRANO Subject: Streambed Alteration Agreement 1600-2012-0116-R5 Dear Mr. Curry: The Department has received your Arroyo Chub Avoidance Plan, prepared by Glenn Lukas Associates, Inc., dated October 22, 2012. Based on the information submitted, the Department is satisfied that the plan meets the requirements set forth in Avoidance and Minimization Measures 2.6 and 4.3 of the Streambed Alteration Agreement, and therefore approves this plan. This plan shall be implemented through all phases of the project, including any future maintenance project authorized by the Streambed Alteration Agreement. Please notify the Department of any changes to this plan. If the changes are deemed significant by the Department, a Request to Amend the Streambed Alteration Agreement may be required. This Streambed Alteration Agreement also requires an approved Diversion Plan to implement the project. As of today, surface water is not flowing through the project due to lack of significant precipitation, thus eliminating the need for an in-stream diversion. This letter authorizes implementation of the project during dry conditions without an approved Diversion Plan. Any work in areas containing ponded or flowing water, during any repair or maintenance activity, will require a separate Diversion Plan, approved in writing by DFG. Copies of the original Agreement and this letter must be readily available at project worksites and must be presented when requested by a Department representative or other agency with inspection authority. If you have any questions, please contact me at (858) 467-4223 or khupf@dfg.ca.gov. Sincerely~ J{::~~ Kevin Hupf Environmental Scientist Conserving Ca{ijornia's Wiftf{ije Since 1870 CALIFORNIA DEPARTMENT OF FISK Al\!0 GAME SOUTK COAST REGiON 3883 RUFFIN ROAD SAN DiEGO, CALIFORNIA 92123 STREAMBED AlTERATION AGREEMENT NOTIFICATION No. 1600-2012-0116-RS SAN JUP.N CREEK CITY OF SAN JUAN CAPISTRANO ARIZONP. CROSSING IH REATA PARK This Streambed Alteration Agreement (Agreement) is entered into between !he California Department of Fish and Game (DFG) and the City of San Juan Capistrano (Permit!ee) as represented by Mr. William Curry. RECITAlS WHEREAS, pursuant to Fish and Game Code (FGC) section 1602, Permittee notified DFG on June 25, 201 that Permittee intends to complete the project described herein. WHEREAS, pursuant to FGC section 1603, DFG 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 The project is located within San Juan Creek, in the County of Orange, Stale of California; Latitude 33.515694 North, Longitude -1 i 7.627222 West; U.S. Geological Survey (USGS) map San Juan Capistrano 7.5 quadrangle, Section 32, Township 7 South, Range 7 West, San Bernardino Meridian; 28872 Ortega Highway, San Juan Capistrano, CA, 92675; Assessors Parcel Number 12517207. The site is accessed by heading east on Stale Route 74 (Ortega Highway) from Interstate 5. After approximately 2. ·1 miles, the property is located on the right. The Arizona Crossing is located in the San Juan Creek a.t this location. PROJECT DESCR~PTION The project is limited to the repair and maintenance of an existing Arizona Crossing at in the City of San Juan Capistrano. Currently, there are eight existing culverts full of sediment and debris parallel to San Juan Creek. The project will remove the sediment Notification #1600-2012-0i 16-RS Streambed Alteration Agreement Page 2 of 15 and debris from !he existing culverts wilh the use of a vacuum truck located outside of the stream. The project also includes the installation of one additiona124-inch culvert, additional ungrouted rip-rap slope protection, and road material fill totaling approximately 3000 cubic yards. This will restore the crossing to the condition before a 2010 storm caused damage to the crossing. The crossing will be maintained to allow for pedestrian, equestrian, and bicycle traffic. Maintenance will consist of keeping the culverts clear of sediment and debris, replacing displaced rip-rap, and filling the crossing with appropriate fill material on an as need basis. PROJECT IMPACTS Existing fish or wildlife resources lhe project could substantially adversely affect include: FISH-arroyo chub (Gila orcultil); AMPHIBIANS-arroyo toad (Bufo califomicus); REPTILES-orange-throated whiptail (Asidoscelis hyperyt!?ra belding!), two striped garter snake (Thamnophis hammondil); BIRDS-Anna's hummingbird (Calypte anna), lesser goldfinch (Cardue/is psaltria), house finch (Carpodacus mexicanus), wren!it (Chamaea fasciata), killdeer (Charadrius vociferus), yellow warbler (Dendroica petechia brewsten), cliff swallow (Hirundo pyrrhonota), barn swallow (Hirundo rustica), black phoebe (Sayomis nigricans). Allen's hummingbird (Selasphorus sasin); PLANTS- Coulter's Saltbush (A triplex coulten), coyote bush (Baccharis piiularis), Fremont cottonwood (Populus fremontii ssp. fremontit), Willow trees (Salix spp), Mexican elderberry (Sambucus mexicana); and other riparian/wetland vegetation which provides habitat for those species, and all other aquatic and wildlife resources in the project vicinity. 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; degradation or aggradation of channel; accelerated channel scour; change in composition of channel materials; restriction or increase in sediment transport; debris transport impedance; increased turbidity; loss or decline of instream channel habitat; loss or decline of aquatic species' 11abitat: migration corridors, spawning or rearing areas; diversion of flow water from, or around, activity site; change in sediment delivery below intake; change in flow depth, width or velocity; flow restriction; and change in percolation. MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES Permittee shall meet each administrative requirement described below. 1.1 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 Notification #1 600-2012-01 '16-R5 Streambed Alteration Agreement Page 3 of 15 available a! the project site at all limes and shall be presented to DFG personnel, or personnel from another stale, federal, or local agency upon request 1.2 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. 1.3 Notification of Conflicting Provisions. Permittee shall notify DFG if Permittee determines or learns that a provision in the Agreement might conflict with a provision imposed on the project by another local, slate, or federal agency. In that event, DFG shall contact Permit!ee to resolve any conflict. 1.4 Project Site Ent1y. Permittee agrees that DFG personnel may enter the project site at any time to verify compliance with the Agreement. 1.5 Notification Prior to Work. The Permiltee shall notify DFG, in writing, at least five days prior to initiation of construction (project) activities and at least five days prior to completion of construction (project) activities, each time project activities occur. Notification shall be sent to DFG's South Coast Office at the address above, ATTN: Streambed Alteration Program-SAA # 1600-2012-0116-RS. 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. 2.1 Protected Species. This Agreement does no! authorize take, incidental or otherwise, of any protected species. For the purpose of this Agreement, "protected species" means the following: a species fully protected under state law; a candidate species or species listed as threatened or endangered under the California Endangered Species Act (Fish & G. Code§ 2050 et seq.) and/or Endangered Species Act (16 U.S.C. § 1531 et seq.); a species identified by DFG as a species of special concern; or any other species for which take is prohibited under state or federal law. No direct or indirect impacts shall occur to any protected species, except as may be authorized by one or more individual permits that autl1orize such impacts. Resource Protection 2.2 Authorized Impacts. The Permittee shall not impacl more than 0.119 acres of habitat subject to FGC section '1602 permitting requirements associated with !he Arizona Crossing at Reata Parle Notification #i 600-2012··01 1 6-R5 Streambed Alteration Agreement Page 4 of 15 2.3 Construction Area Demarcation. Due to the presence of native riparian vegetation, all vegetation clearing shall be conducted under the supervision of a qualified biological monitor, and the perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat, and to ensure thai direct and indirect impacts lo fish and wildlife are minimized. 2.4 Biological Monitor. A qualified biological monitor is an individual experienced with construction level biological monitoring and who is able to recognize species in the project area: and who is familiar with the habits and behavior of those species. Biological monitors shall have academic and professional experience in biological sciences and related resource management activities as it pertains to this project Wildlife and Habitat Protection 2.5 Nesting Birds. To avoid impacts to nesting birds, vegetation removal or construction activities shall not take place within DFG jurisdictional habitats from February 1 through August 31, the "restricted work period". If avoidance of the nesting bird season is not feasible, vegetation removal or construction activities may occur during the restricted work period if a: qualified biologist conducts focused surveys for active nests within forty-eight (48) hours prior to work in the area. The survey area shall extend 500 feet beyond the construction limits for the project. The biologist must have previous experience in nesting surveys for bird species. The results of the survey shall be submitted to the DFG prior to any project activities in the form of a written report via e-mail and shall include the following information; dates of survey, total field lime of survey efforts, map of survey routes, names of investigators, and if any active nests were found (see Measure 4.1; Reporting). If the survey identifies an active nest, a buffer shall be established between the construction activities and the active nest so that nesting activities are not interrupted. The buffer shali be delineated by temporary fencing, and shall be in effect throughout construction or until the nest is no longer active. The buffer shall be a. minimum of 300 feel (500 feet for raptors) of a non-listed nesting migratory bird nest, and 500 feet of a listed bird nest. Permittee may consult with the DFG to discuss a reduced buffer size for a non-listed species if species sensitivity and localized conditions (e.g., width and type of screening vegetation between the nest and 111e proposed activity, terrain, existing level of human activity within the buffer and in the surrounding area:) warrant a reduced buffer. 2.6 Arroyo Chub Avoide.nce. Arroyo chub (Gila orcuttir) are known to inhabit the stream immediately upstream and downstream of this project Permittee sllail submit an Arroyo Chub Avoidance Plan to avoid negatively influencing this species. The plan shall include pre-construction and ongoing construction techniques that will be initiated for the protection of this species. The plan shall also describe how this project will not be a long-term impediment tc tl1e migration and survival of this species. Notification #i600-2012-0116-R5 Streambed Alteration Agreement Page 5 of 15 2.7 Remove Cleared Material from Stream. All trimmed or cleared material shall be removed from the area and deposited where it cannot re-enter the stream. 2.8 Maintain Aquatic Life. When any dam or other artificial obstruction is being constructed, maintained, or placed in operation, Permittee shall allow sufficient water a! all times to pass downstream to maintain aquatic life below the dam pursuant to FGC section 5937. 2.9 Fish Passage. Any structure/culvert placed within a stream where fish (as defined in Fish & G. Code § 45) do/may occur, shall be designed, constructed and maintained such that it does no! constitute a barrier to .upstream or downstreaiYI movement of aquatic life, or cause an avoidance reaction by fish that impedes their upstream or downstream movement This includes but is not limited to the supply of water at an appropriate depth, temperature, and velocity to facilitate upstream and downstream fish migration. If any aspect of the proposed project results in a long-term reduction in fish movement, the Permittee shall be 1·esponsible for all future activities and expenditures necessary (as determined by DFG) to secure passage of fish across the structure. 2.10 Fill Dimensions. Fill length, width, and height dimensions shall no! exceed those of the original design/installation or the original naturally occurring topography, contour, and elevation. Fill shall be limited to the minimal amount necessary to accomplish the agreed activities. Except as otherwise specified in this Agreement, fill construction materials other than on-site alluvium, and shall consist of clean silt- free gravel or river rock. 2.11 Rock for Erosion Control from Channel. Rock !hat was part of the original Arizona Crossing has been relocated downstream by various storm events. Rock for slope protection may be reused from the stream channel provided that rock removal does not increase erosion of the stream's channel, bed or banks, or cause an interference to the free passage offish. Rock may be collected with heavy equipment from outside of !he channel or from the existing crossing and be re .. incorporated into the crossing. Large equipment shali not enter the stream at any time for rock retrieval as a part of this project. 2.12 Displaced Material. II is the responsibility of the Permittee to remove all accessible material fmm the project that is displaced by storm events from the streambed. If washed away rock or concrete can reasonably be accessed by equipment located outside ofihe stream, Permittee shall remove the rock for slope protection and discard the concrete material as described in this Agreement 2.13 Existing Concrete. Concrete pieces shall not be relocated and re-used as a pa!i of this Agreement If any of the existing concrete is washed downstream &iS a result Notification #i 600-2012-0116-RS Streambed Alteration Agreement Page 6 of 15 of a storm even!, it shall be removed from the stream, complying with all other terms and measures of this Agreement, and disposed of in a legal manner. The crossing shall then be restored with ungrouted rip-rap engineered to withstand large storm events. 2.14 No Additional Concrete. No concrete shall be placed in the stream as part of this Agreement 2.15 Fill Materials. Fill material shall not come from any stream bed, bank, or channel without written concurrence from DFG, except as otherwise addressed in this Agreement. All fill material shall be free from contaminates such as trash, debris, or any other material deleterious to aquatic life or water quality. 2.16 Compacted Fill. Fill material shall be heavily compacted and constructed of non- erodible materials approved by the Department prior to construction. If fills are tempora1y they shall be removed immediately upon completion. Structures 2.17 Preparation for Culveri. Preparation of the streambed for the culverts shall be done by hand (or with equipment operated out of the live stream from the bank above). 2.18 Culvert Grade. Installation of bridges, culverts, or other structures shall be such thai water flow is not impaired. Bottoms of temporary culverts shall be placed at or below stream channel grade and bottoms of permanent culverts shall be placed below stream channel grade. 2.19 Keep Culverts Clear. Permanent culverts shall be maintained and kept open year- round 0 The Permittee is responsible for such maintenance as long as the culverts remain in the stream. This shall be accomplished with ali other terms and measures of this Agreement. Temporary Diversion 2.20 Maintain Flows. Flow diversion shall be done in a manner that shall prevent pollution and/or siltation and which shall provide flows to downstream reaches. Flows to downstream reaches shail be provided during all times !hat the natural flow would have supported aquatic life. Said flows shall be sufficient quality and quantity, and of appropriate temperature to suppo11 fish and other aquatic life both above and below the diversion. Normal flows shall be restored to affected stream immediately upon completion of work at that location. Notification #1600-2012-01 1 6-R5 Streambed Alteration Agreement Page 7 of 15 2.21 Clean Materials. Any temporary dam or other artificial obstruction constructed shall only be built from materials such as clean gravel which will cause little or no siltation, and shall be approved by the DFG prior to construction. 2.22 Excavation Dewatering. If an excavation site must be dewatered, any muddy, or otherwise contaminated, water shall be pumped into a holding facility or into a settling pond located in flat stable areas outside of the stream channel or pumped up on a stable grassy area where tile water clears prior to fiowing back into the stream. Erosion, Turbidity, amd Siltation 2.23 Erosion Control Measures. Permittee shall utilize erosion control measures throughout all phases of operation where sediment runoff from exposed slopes threatens to enter the stream. 2.24 No Heavv Equipment in Stream. No heavy equipment shall operate in tile portion of the streambed where flowing water is present or anticipated during the term of this Agreement. 2.25 Disturbed Slopes. Areas of disturbed soils with slopes toward a stream or lake shall be stabilized !o reduce erosion potential. Planting and seeding is conditionally acceptable. Where suitable vegetation cannot reasonably be expected to become established, non-erodible materials, such as coconut fiber matting, shall be used for such stabilization until planted/seeded vegetation can become established. Any installation of non-erodible materials not described in the original project description shall be coordinated with the Department. Coordination may include the negotiation of additional Agreement provisions for this activity. 2.26 Halt Activities if High Turbidity/Siltation Occurs. Upon DFG 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 DFG approved control devices are installed, or abatement procedures are initiated. 2.27 Fouioment and Vehicle Spills and Contaminants Any equipment or vehicles driven and/or operated within or adjacent to the stream shall be checked and maintained daily, to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. The Permittee shall maintain all vehicles and equipment in proper working condition to minimize fugitive emissions and accidental spills from motor oil, antifreeze, hydraulic fluid, grease, and other fluids or hazardous materials. J\!1 fuel or hazardous waste leaks, spills, or releases shall Notification #i 600-2012-0116-RS Streambed Alteration Agreement Page 8 of 15 be slopped or repaired immediately and cleaned up at the lime of occurrence. The Permittee shall be responsible for spill material removal and disposal to an approved offsile landfill and spill reporting to the permitting agencies. Service/maintenance vehicles shall carry appropriate equipment and materials to isolate and remedia!e leaks or spills. A spill containment kit shall be available onsite for all fueling, maintenance, and construction activities. 2.28 Stationary Equipment. Stationary equipment such as motors, pumps, generators, and welders, located within or adjacent to the stream or shali be positioned over drip pans. Stationary heavy equipment shall have suitable containment to handle a catastrophic spill/leak. 2.29 Equipment Maintenance and Fueling. No equipment maintenance or fueling shall be done within or near any stream channel where petroleum products or other pollulants from the equipment may enter these areas. 2.30 Equipment Access. Access to the work site shall be via existing roads and access ramps. 2.31 Remove Temporary Flagging, Fencing, and Barriers. Permittee shall remove ali temporary flagging, fencing, and/or barriers from the project site and vicinity of the stream upon completion of project activities. Restoring Vegetation 2.32 Native Plant Materials Required. Revegetation shall include only local plan! materials native to the project area, unless otherwise approved by DFG in writing. 2.33 Arundo Eradication Methods. Arundo shall be cut to a height of 6 inches or less, and the stumps painted with an herbicide approved for aquatic use within 5 minutes of cutting. Reapplication of herbicide shall occur twice within 6 months of initial removal. Where proposed methods for removing Arundo deviate from this procedure, the Permittee shall present the alternate methods, in writing, to the Department for review and approval, prior to construction. Arundo removal shall be done a! an optimum time of year to achieve optimum success. All other non- native plant removal shall be done with hand tools. No excavation or soil disturbance of any kind shall occur. 2.34 Seasonal Restriction for Arundo Removal. Arundo removal for mitigation purposes shall take place outside of February i through August 31, the "restricted work period" to decrease indirect effects on nesting birds. 2,35 Bank Restoration. Any disturbed banks shall be fully restored with native vegetation upon completion of construction. Stripped or exposed areas shali be revegetated with native species appropriate to local conditions. Notification #1600-2012-0116-RS Streambed Alteration Agreement Page 9 of 15 2.36 Removal and Disposal of Non-Native Vegetation. Any non-native vegetation removed shall be disposed of legally in a manner which prevents its reestablishment and in a manner thai does not negatively affect other sensitive native habitat. 2.37 Success Criteria. All mitigation planting shall have a minimum of 100% survival the first year and 80% survival. !hereafter and/or shall attain 75% cover of native woody perennials after 3 years and 90% cover of native woody perennials after 5 years. If the survival and cover requirements have not been met, the Permittee is responsible for replacement planting to achieve these requirements. Replacement plants shall be monitored with the same survival and growth requirements for 5 years after planting. At the completion of the monitoring period, !he mitigation site shali have received no supplemental irrigation for a period of two consecutive years, nonnative plants shall not make-up more than 5% of the entire cover of the site, no more than 5% of the site shall consist of bare ground and the site shall be free of invasive exotic plant species. 3. Compensatory Measures To compensate for adverse impacts to fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall implement each measure listed below. 3.1 Mitioation for Authorized Impacts. The Permittee shall sub mil a Habitat Mitigation and Monitoring Plan (HMMP) that adequately mitigates for impacts to fish and wildlife resources necessary to complete the repair and maintenance of the Arizona crossing at Rea!a Parle The HMMP shall include 2000 square feet of Arundo donax removal offsile, as well as revegetation efforts onsite. 3.2 Mitigation Timing. On-site revegetation efforts shall begin within 45 days of the initial construction completion. Off-site invasive species removal and native revegetation shall begin concurrent with the initial construction activities or within 45 days of initial construction completion. 3.3 Mitigation for Unauthorized Impacts. The Permittee shall mitigate at a minimum 5:1 ratio for impacts beyond those authorized in this Agreement. In the event that additional mitigation is required, the type of mitigation shall be determined by DFG, and may include creation, restoration, enhancement and/or preservation. Permittee shall meet each reporting requirement described below. 4. i Nesting Bird Surveys. The Permittee shall submit the results of focused surveys associated wit11 measures: 2.5; to DFG in the form of a written report via e-mail to R5LSACompiiance@dfg.ca.gov prior to any project impacts. Notification #1600-2012-0116-RS Streambed Alteration Agreement Page 10 of 15 42 Annual Mitigation, Maintenance And Monitoring Reports, Mitigation, maintenance, and monitoring reports shall be submitted annually to the DFG during lhe minimum five-year maintenance and monitoring period until mitigation has been deemed physically and functionally successful by the permitting agencies. Monitoring repo1is must be submitted within 60 days from the armuai spring-summer swvey. The spring survey must occur during optimal growing conditions between March - August and thus must be submitted no later than October 151h Monitoring reports silali include, but not be limited to, tile following: a, Title pages identifying the regulatory agency permit numbers and the period for which the monitoring report is applicable; b" A lis! of names, titles, and companies of all persons who prepared the content of the annual report and participated in monitoring activities; c" Compiled data, summary statistics and graphs; d, Survival, % cover, and height of both tree and shrub species; e, Number by species of plants replaced; L Method used !o assess these parameters; g" Progress photographs taken from !he same vantage point as baseline photographs; h, Maps identifying monitoring areas, transect locations, and planting zones; i, Detailed remedial maintenance to be performed, 4"3 Arroyo Chub Avoidance Plan. The Permi!ee shall submit the Arroyo Chub Avoidance Plan prior to initiation of any project impacts, The Permittee will receive written approval of this plan by DFG prior to initiation of any project impacts" 4.4 Diversion Plan, The Permittee shall submit a Diversion Plan to avoid work in the wetted portion of the streamo The entire stream flow shall be diverted around tile work area by a barrier, temporary culvert, new channel, or other means approved by !he Department Diversion plan shall include specific locations of the upstream and downstream diversion points. Construction of the barrier and/or !he new channel shall normally begin in the downstream area and continue in an upstream direction, and the flow shall be diverted only when construction of the diversion is completed, Channel bank or barrier construction shall be adequate to prevent seepage into or fmmthe work area, Diversion berms shall be constructed of coffer dams, inflatable dams, sand bags, or other approved materials, Channel banks or barriers shail not be made of earth or other substances subject to erosion unless first enclosed by sheet piling, rock rip-rap, or other protective materiaL The enclosure and the supportive material shall be removed when the work is completed and removal shall normally proceed from downstream in an upstream directiono The Permittee shall receive written approval of the Diversion Plan from the Department prior to initiation of any project impacts. 4,5 Habitat Mitigation and Monitoring Plan" The Permittee shall submit a Habitat Mitigation and Monitoring Plan (HMMP) for DFG t'eview prior to initiating project Notification #1600-20 12-0i 16-R5 Streambed Aile ration Agreement Page 11 of15 impacts. The HMMP shail be prepared by persons with expertise in southern California ecosystems and native plant re-vegetation techniques. The plan shall include, a! a minimum: (a) lhe location of the mitigation site; (b) the plant species to be used, container sizes, and seeding rates; (c) a schematic depicting the mitigation area; (d) planting schedule; (e) a description of the irrigation methodology; (f) measures to control exotic vegetation on site; (g) specific success criteria; (h) a detailed monitoring program; (i) contingency measures should the success criteria noi be met; and U) identification of the party responsible for meeting the success criteria. The Permittee shall receive written DFG approval of the HMMP prior to initiation of project impacts. CONTACT INFORMATiON Any communication that Permillee or DFG submits to the other shall be in writing and any communication or documentation shall be delivered to !he address below by U.S. mail, fax, or email, or to such other address as Permittee or DFG specifies by wri!len notice to the other, To Permittee: City of San Juan Capistrano William Cuny 32400 Paseo Adelanto San Juan Capistrano, CA 92675 wcurry@sanjuancapistrano.org To DFG: Department of Fish and Game South Coast Region 3883 Ruffin Road San Diego, California 92123 Attn: Lake and Streambed Alteration Program Notification #i 600-2012-0i 16-R5 Permiitee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the project or any activity related to it that the Agreement authorizes. This Agreement does not constitute DFG's endorsement of, or require Permittee to proceed with tl1e project The decision to proceed with the project is Permittee's alone. Notification #1600-2012-0116-R5 Streambed Alteration Agreement Page 12 of 15 SUSPENSION AND REVOCATION DFG may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behaM of Permittee, including rts officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance wiill the Agreement. Before DFG suspends or revokes the Agreement, it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity !o correct any deficiency before DFG suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused DFG to issue the notice. ENFORCEMENT Nothing in the Agreement precludes DFG from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement. Nothing inlhe Agreement limits or otherwise affects DFG's enforcement authority or that of its enforcement personnel. OTHER lEGAl OBLIGATIONS This Agreement does not relieve Permittee or amy person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from obtaining any other permits or authorizations that might be required under other federal, state, or local laws or regulations before beginning the project or an activity related to it. This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in !he FGC including, but not limited to, FGC sections 2050 et seq. (threatened and endangered species), 3503 (bird nests and eggs), 3503.5 (birds of prey), 5650 (water pollution), 5652 (refuse disposal into water), 5901 (fish passage), 5937 (sufficient water for fish), and 5948 (obstruction of stream). Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass. Notification #1600-2012-0116-RS Streambed Alteration Agreement Page i3 of 15 AMENDMENT DFG may amend the Agreement at any time during its term if DFG determines the amendment is necessary to protect an existing fish or wildlife resource. Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by DFG and Permittee. To request an amendment, Permittee shall submit to DFG a completed DFG "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the corresponding amendment fee identified in DFG's current fee schedule (see CaL Code Regs., tit 14, § 699.5). TRANSFER AND ASSiGNMENT This Agreement may not be transferred or assigned to another entity, and any purported transfer or assign men! of the Agreement to another entity shall not be valid or effective, unless !he transfer or assignment is requested by Permittee in writing, as specified below, and thereafter DFG approves the transfer or assignment in writing. The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall submit to DFG a completed DFG "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the minor amendment fee identified in DFG's current fee schedule (see Cal. Code Regs., tit 14, § 699.5). EXTENSIONS In accordance with FGC section 1605(b), Permittee may request one extension ofthe Agreement, provided the request is made prior to the expiration of the Agreement's term. To request an extension, Permittee shall submit to DFG a completed DFG "Request to Extend Lake or Streambed Alteration" form and include with the completed form payment of the extension fee identified in DFG's current fee schedule (see Cal. Code Regs., !it 14, § 699.5). DFG shall process the extension request in accordance with FGC i605(b) through (e), If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the project the Agreement covers (Fish & G. Code, § i 605, subd. (f)). EFFECTIVE DATE Tile Agreement becomes effective on the date of DFG's signature, which shall be: 1) after Permittee's signature; 2) after DFG complies with all applicable requirements under the California Environmental Quality J\ct (CEQA); and 3) after payment of the Notification #1600-2012-01 i 6-R5 Streambed Alteration Agreement Page 14 of 15 applicable FGC section 711.4 filing fee listed al http://www dfg .ca .g.ov/habcon/ceqa/ceqa_ changes .html. TERM This Agreement shall expire on October 15, 20i 7, unless it is terminated or extended before then. All provisi.ons in the Agreement shall remain in force throughout its term. Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as FGC section 1605(a)(2) requires. AUTHORITY If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee's behalf and represents and warrants !hat he or she has the authority to legally bind Permittee to the provisions herein. AUTHORIZATION This Agreement authorizes only the project described herein. If Permittee begins or completes a project different from !he project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify DFG in accordance with FGC section 1602. Notification #1600-2012-0116-RS Streambed Alteration Agreement Page 15 of 15 CONCURRENCE The undersigned accepts and agrees to comply with all provisions contained herein. __ ; ol/; ~/;de:__ Date Title N l4 y 0 R., Ste en M. Juarez / Environmental Progra ranager Dale Prepared October 20, 2012 by Kevin Hupf, Environmental Scientist Attachment 2 Contents SECTION I. Executivll Summary ............................................................ 1 SECTION II. Description of Proposed Project!lmpact Site 2.A Responsible Parties ................................................................. 2 2.8 Project Location ...................................................................... 2 2.C Brief Summary of Project.. ....................................................... 2 2.D Sensitive Habi!als/Species ....................................................... 3 SECTION Ill. MITIGATION OBJECTIVES 3.A Onsile Mitigation .................................................................... .4 3.8 Offsite Mi!igalion ................................................................... ..4 SECTION IV. MITIGATION WORK PLAN 4.A Mitigation Schedule .................................................................. .4 4.8 Restoration Contractor .............................................................. 5 4.C Site Preparation ...................................................................... 5 4.D Plant Palettes ........................................................................ 5 4.E Live-Stake Planting Method ...................................................... 6 4.F Giani Cane Removal Method .................................................... 7 SECTION V. MAINTENANCE ACTMTES DURING MONITORING PERIOD 5.A Crossing Maintenance ............................................................. 7 5.8 Giant Cane Treatment.. .......................................................... 8 Section VI. MONITORING PLAN FOR THE COMPENSATORY MITIGATION SITE Vegetation Monitoring Program .................................................. 8 6. B Qualitative Monitoring .............................................................. 8 6.C Quantitative Monitoring ............................................................ 8 6.0 Performance Standards ........................................................... 9 6.E Annual Monitoring Reports ....................................................... 9 SECTIOt.! VII. COMPlETiON OF COMPENSATORY MITIGATION 7.A Notification of Completion ....................................................... 10 2 I. EXECUTIVE SUMMARY The City of San Juan Capistrano (City) is proposing to repair an existing Arizona road crossing at Reata Park (crossing) that traverses San Juan Creek at approximately Y. . mile downstream of lhe Ortega Highway Bridge at Antonio Parkway within the City of San Juan Capistrano. This crossing dales back to pre-1970 according !o Orange County Flood photos, and was used by the previous owners, the Rancho Mission Viejo Company, fm some of their ranch operations. The Ciiy purchased this property in January 2010 and has dedicated fl for public and open space land uses. The Arizona crossing and its maintenance was part of the purchase agreement. Since ils existence, visitors to !he facility have enjoyed !he use of this crossing via foot and on horseback to pass from the equestrian trail on the north side of San Juan Creek and travel across to the riding park facility on the south side of the creek wilhou! entering !he streambed. During lhe winter storm of 2010, an exceedingly high rate of flow came down the San Juan Creek and damaged the crossing to the extent that it became hazardous for public use. The City's proposed Project (Project) consists of repair and maintenance of eight existing culverts at !he crossing by cleaning debris and sediment from the culverts using a vacuum truck located outside of the stream. The Project afso includes the installation of a 24-inch corrugated steel culvert, additional ungrouted riprap slope protection, and road material fill of up to 3000 cubic yards returning the crossing to its pre-storm event condition. The City has notified the Califomia Department of Fish and Game (CDFG) of their intended Project and has been authorized to perform the nacessary work, impacting no more !han 0.119 acre of CDFG jurisdiction pursuant Ia Section 1602 of the Fish and Game Code Streambed Alleration Agreement Notification Number 1600-2012-01169- R5 (SAA). The City has agreed to carry out !he Project in compliance with habitat protection and mitigation measures outlined in !he abovementioned SAA and described in further detail herein. This Habitat Mitigation and Monitoring Plan (HMMP) describes required mitigation measures which include revegetation of riparian habitat onsi!e within the work area, and !he removal of 2000 square fee! or giant oone (Arundo donax) offsite, and a five-year maintenance, monitoring, and reporting program to follow mitigation implementation. 3 II. DESCRIPTION Of PROPOSED PROJECTfiMP.ACT SITE A. Responsible Parties Permittee: Contact: Telephone: Project Biologist: Contact: Telephone: City of San Juan Capistrano William Curry (949) 487-4307 Glenn Lukes Associates Jeff Ahrens (949) 837-0404 B. Project Location The Project is located in the Ci!y of San Juan Capistrano, Orange County, California. The project site can be found on U.S. Geological Survey 7.5 San Juan Capistrano Quadrangle [dated 1968 and photo revised in 1982] in Section 32, Township 7 South, Range 7 West The Universal Transverse Mercator (UTM) coordinates approximately corresponding to !he site are 441745.46 E and 3708637.41 N [Exhibits 1 and 2- Regional and Vicinity Maps]. C. Brief Summary of Project The Arizona road crossing is an earthen roadway that transverses the San Juan Creek approximately Y. mile downstream of the Ortega Highway Bridge [Exhibit 3-Project Location Map]. The crossing has benefitted the natural stream and riparian habitats by providing a pathway across the San Juan Creek streambed that keeps the public ou! of !he sensitive riparian habitat area. The Project scope entails the repair and maintenance actions to return the crossing to its pre-storm event condition by cleaning out the sand and dirt !hat has filled and plugged the eight existing 24-inch culvert pipes and replacing the riprap that was displaced during the storm event back to its former location on the sloped sides of the crossing as noted in the construction drawings in Exhibit 4. The method for retrieval will be through lhe use of a tractor !hal will reach into !he stream using a claim shell type attachment to grab !he rock and lift it out of the streambed. A! no time will the tractor enter the streambed and all work will be done from the existing roadway traveling down to the crossing and from the flat restored crossing surfaca. Workers will work with the tractor and a contracted biologist to be certain that !he streambed in not impacted. The materials removed from the stream along with additional rock from a local quarry will be placed back on the sides of the earthen banks of !he crossing to protect against erosion from stream flows. The horizontal surface area calculated to be impacted to conduct the necessary repairs measures approximately 1 ,290 square feet; !he City has added an additional 780 4 square feet for contingency purposes for the total area of impact al2,000 square fee!, or approximately 0.0459 acres of land surface. The Project also includes the addition of one 24-inch corrugated steel culvert pipe to be installed at the same level as the other eight existing 24-inch culverts. The new pipe will be installed at the northern bank of San Juan Creek parallel to !he edge of the stream. This additional culvert will be used to carry the stream llow while materials are being placed back on top of the existing crossing bed and aid in bank stabilization during storm events. This pipe will protect the stream flow from dust or debris entering the water flow during repair work and ensure a safe and controlled placement of the fill materials. The new fill material shall be local native material collected from within the watershed outside of any riparian areas. The fill material will be placed and compacted over the existing pipes and the propcsed additional pipe and the surface of !he crossing will be restored to its pre-storm elevation. In April of 2011, in preparing to perform repair and maintenance work on the crossing, the City contracted with Glenn Lukas Associates (GLA) to perform several habitat surveys of the Project area. Surveys were conducted for the federally-listed endangered southwestern willow flycatcher (Empidonax trail/ii extimus), arroyo toad (Anaxyrus califomicus), and !he western yellow-billed cuckoo (Coocyzus amerfcanus occidentalis) as noted in !he attached reports dated August 31, 2011, and labeled as Appendix A, B, and C, respectively. The survey area included the Project area, 500-feet upstream and 500-feet downstream of the Project area. Results from the surveys detailed that the southwestern willow flycatcher, the arroyo load and !he western yellow-billed cuckoo were no! detected by wilhin !he Project site or the larger survey area. Additionally, no other endangered or threatened species were detected with in the Project si!e or survey Area. The survey noted the following list of species within or near the Project area: ~ Yellow warbler (Dendroica petechial) • While tailed kite (Eianus leucurus) e Arroyo chub (Gila orcuttii) $ Brown-headed cowbird (Molothrus ater}, only one individual of this species was encountered. m. MITIGATION OBJECTIVES This HMMP describes required mitigation measures set forth by the CDFG which include revegetation of riparian habi!al on site within the work area at the crossing, and !he removal of 2000 square feet of giant cane offsite within Trabuco Creek, and a five- 5 year m<~intenance, monitoring, and reporting program to follow mitigation implementation. A. Onsite Mitigation The proposed repairs at the crossing will require !he replacement of the riprap which lined the existing sloped sides of the crossing along certain sections. The riprap area has been identified by CDFG as an appropriate site of mitigation for proposed impacts to the streambed associated with the crossing repair work. CDFG requires that any disturbed banks shall be restored with local native riparian vegetation upon completion of work. Onsite mitigation entails !he planting of willow trees within the work area in the northern bank of San Juan Creak. B. Offsite Mitigation The proposed offsite location is located within Trabuco Creek ac!jacenllo an ongoing City of San Juan Capistrano mitigation project site known as !he 2C Ranch Restoration Project [Exhibit 5j. The 2C Ranch Restoration Project is restoring riparian habitat in Trabuco Creek from east of the Interstate 5 freeway down to the property line of the Sycamore Stables. The proposed offslte mitigation will join up !o the southern boundary of the 2C Ranch Project This will keep the area upstream of the proposed offsite mitigation free of giant cane !hat would otherwise flow downstream and invade the offsite mitigation area. The proposed offsite mitigation area covers 2,000 square feet of in-stream terrain as can be seen in aerial maps in Exhibit 5. The proposed mitigation site is located on private property located at 262132 Oso Road, San Juan Capistrano, CA. 92675 (longitude 33.514136, latitude -117.672216). The property is privately owned with !he owner operating Sycamore Trails Stables equestrian center a! this location. The City has met with the owner, Mr. Ronald B. Hanson, end has developed an agreement for !he City to access and remove the giant cane and maintain the site until native riparian vegetation is re-established and! or for term of the DFG penmit. Offsite mitigation entails the removal of 2000 square feat of giant cane and planting of willow trees within !he removal area lo stimulate reestablishment of riparian habitat in the offsi!e location within Trabuco Creak. IV. MITIGATION WORK PLAN A. Mitigation Schedule Onsiie revegetation efforts shall begin within 45 days of the initial construction completion. Offsite invasive species removal and native revegetation shall begin 6 concurrent with the initial construction activities or within 45 days of initial construction completion. Seasonal Reslriclion for Giant Cane Removal Giant cane removal for mitigation purposes shall take place outside of February 1 through August 31 to minimize indirect effects on nesting birds. B. Restoration Contractor Restoration and maintenance shaii be performed by a qualified landscape contractor with a minimum of five years of experience in riparian restoration projects that is on site during the cutting and herbicide application. The landscape contractor will be required to demonstrate experience in !his field to the Project Biologist prior lo contracting with !he Applicant The Contractor also shall possess C27 and Pes! Control Advisor (PCA) licenses. C. Site Preparation The limits of work areas will be flagged before the start of work at lhe agreed upon location identified in attached Exhibit 5. Onsi!e Plant Palette A total of 7 cuttings will be planted a! the onsi!e portion of mitigation: On the bank immediately west of the access trail, 2 arroyo willows (Salix lasiolepis) and 1 Black willow (Salix gooddingi1) will be installed. On !he bank immediately east of the access trail, 2 arroyo willows and 2 Black willows will be installed. Cuttings will be spaced on 5 foot centers on each side of the access !rail. The method and procedure for this work is noted in Section IV.E. below. Botanical Name Common Name Quantitiy Salix !asio/epis Arroyo willow 4 ---Salix gooddingii Black willow 3 -· Total 7 Offslte Plant Palette A total of 100 cuttings will be planted at the offsil:e portion of mitigation. The plan ling at the offsite location will be the live-staking of local cuttings planted on 5 fool centers using the following palal!e: Botanical Name Common Name I Quantity r-:Salix lasiolepis Arroyo willow =tr r-Salix go'Oddingii Black willow Bacoharis salicifolia Mulefat __:;g 7 I Total 100 E. Live-Stake Planting Method Live-staking is a revegetation method that is beneficial for keeping the site-specific genetic integrity of the revegetation project by cutting and replanting branches from the donor (to-be-impacted plants or existing adjacent) willow (Salix sp.) species. This method is most successful with arroyo willow, black willow, and sandbar willow (Salix exigua), but can also be used with mule fat and cottonwood species (Populus sp.). This method is preferred for use if the donor willows are large enough to provide the necessary size of branches, !he cutting and replanting occurs during !he dormant season, and proper conditions exist onsite that will ensure survival of the cul!ings. The proposed onsite and offsi!e mitigation sites exhibit appropriate conditions for the survival of the willow cuttings. The following conditions must exist for maximum viability using the live-stake method: • The donor willows must be mature enough (2-4 years old) to supply branches measuring :'1:1-1 inch in diameter and at least 6 feel in length. The culling and replanting should be conducted in the cooler months during willow dormancy, belween November and February, with all work completed before February 1. • The water !able must be within 6-8 feel from !he surface with relatively little fluctuation throughout the growing season. • The soils in the replanting area must be similar to the soils where !he donor plant was growing. Steps for Successful live Staking: • Cut branches during !he dormant season belween November and February. • Select cuttings from healthy trees. Select the longest, straightest branches available. • Select branches that are Y.-1 inch !hick and 6-8 feet long. Prepare cutting by trimming off the iop (terminal budj. Prune lateral stems to allow most of !he energy !o be spent on roo! development. • Cui !he lop straight across and the bottom a! an angle lo avoid replanting the stakes upside down. • Soak the cuttings in a bucket of water for 3-5 days. • Plant immediately after the soaking treatment. Use rebar or an electric hammer drill equipped with i -inch diameter, 6-foo! bils to prepare planting hole. Plant branches such !hat at leas! Yz to 2/3 of the cutting is below ground and as close as possible to lhe water table. Plant poles 1-2 feel apart to enhance overall survival. 8 ' Pack soil around cutting tightly to avoid air bubbles. Fill planting hole with waler and additional soil to create a slurry of mud to ensure removal of air pockets. If necessary, install tree guards around cuttings lo protect from herbivores. The giant cane shall be treated according the SAA Condition 2.33, by cutting !he stalks ala heigh! of six inches or less above the ground and painting with a herbicide approved for aquatic use within five minutes of !he culling. Any and all arundo materials shall be removed from !he site and properly disposed of in an approved landfifl. The offsite mitigation location and stream bed shall be protect so as to not allow any cuttings, shavings, and/or plant parts to enter !hereupon. No removal work will be performed during rain events. V. MAINTENANCE ACTIVITIES DURING THE MONITORING PERIOD The City's annual maintenance program for the Arizona Crossing will include following: • Monitoring and restricting the traffic using the crossing to pedestrian, equestrian, bicycle, electric carts and necessary maintenance vehicles and equipment. e Ongoing repair and maintenance of the crossing's access trail, its surface and removal of trash or foreign matter !hal is not part of the area's natural environment. • Clearing non·nalive vegetation on an as needed basis, or a minimum of two times per year by the City's maintenance crews. Work will include non-native vegetation removal from the sloped sides in !he riprapped area on the immediate sides of the crossing only. • Removal of debris or vegetation that has built up or block the upstream and downstream ends of the 24-inch culverts !hal pass under the crossing to provide undisturbed stream flows. • Clearing inlets and outlets of the nine :24-inch culverts passing under the crossing on an as needed basis or a minimum of two times per year, including !he clearing of debris and sediments thai have been deposited inside the culverts !o allow for undisturbed stream flows. 9 • All work on the crossing slopes or within the culverts will transpire outside of !he nesting season date of February 1 until August 31, unless written permission is granted by CDFG. B. Giant Cane Treatement Reapplication of herbicide to giant cane regrowth shall occur twice within 6 months of initial removal. Treatment shall occur outside the nesting season, unless otherwise recommended by the Project Biologist, and approved, in writing by CDFG. VI. MONITORING PLAN FOR THE COMPENSATORY MITIGATION SITE A. Vegetation Monitoring Program Qualified habitat restoration specialists, biologists, or horticulturists with appropriate credentials and experience in native habitat restoration shall perform monitoring. Continuity within !he personnel and methodology of monitoring shall be maintained insofar as possible to ensure comparable assessments. Monitoring will assess the attainment of annual and final success criteria and identify the need to Implement contingency measures in the event of failure. Monitoring methods include an annual !ally of dead and/or declining plant stock and visual estimates of cover as well as field sampling techniques presented below. Both onsite and offsite mitigation locations shalf be monitored on lhe same schedule. In order to ensure the successful establishment of !he sites !he monitoring is scheduled for five years or until the five-year success criteria have been met and confirmed by CDFG: B. Qualitative Monitoring The Project Biologist will conduct qualitative monitoring surveys on a quarterly basis for the firs! year, and biannually thereafter for !he remainder of the monitoring period. Qualitative surveys, consisting of a general site walkover and habitat characterization, will be completed during each monitoring visit General observations, such as Illness and health of the planted species, pest problems, weed es!ablishmenl, mortality, and drought stress; will be noted in each site walkover. The Project Biologist will also note observations on wildlife use .and native plan! recruitment for the purpose of later discussion in the annual reports. Records will be kept of mortality and other problems such as insect damage, weed infestation, and soil foss. C. Quantitative Monitoring 10 Quantitative be performed using one-meter quadrats that will be placed randomly through each mitigation site. Placement of quadrats will be determined using random numbers tables to provide two coordinates one that indicates the distance along a longitudinal centerline bisecting the each polygon and one that determines lhe distance from lha line. Plots will be placad on alternating sides of the centerline and perpendicular lo the centerline. Vegetative cover will be visually estimated within the quadrat for each species present and recorded on a data sheet Any species observed during the sampling that does not fall within a quadrat will be recorded and included on the list of species fur the restoration site. At least 5 replicates site will be initially sampled. The mean native cover for each restoration sile will be compared to the performanca criteria at the end of each of the five years subject to monitoring C. Performance Standards All mitigation planting is required to have a 1 DO-percent survival rate !he first year, and 80-percent !hereafter, and/or shall attain 75-percen! cover of native woody perennial species after 3 years and 90-percent cover of native woody perennial species after five years. $ First Year Monitoring: The succass criteria for the planting shall be 40·· percent cover by native woody perennials; • Second Year Monitoring: The success criteria for !he plantings shall 60- percent cover by native woody perennials; • Third Year monitoring: The success criteria fur the plantings shall be 75- percent cover by native woody perennials; • Fourth Year Monitoring: The success criteria for the plantings shall be 80- peroont cover by native woody perennials; • • Fifth Year Monitoring: The succass criteria for the plantings shall be 90- percent cover by native woody perennials; • AI the completion of the monitoring period, non-native plants shall not make-up more than 5% of the entire cover of the sites, no more than 5% of !he site shall con sis! of bare ground and the sites shall be free of invasive exotic plant species. D. Annual Monitoring Reports Mitigation, mainlenanca, and monitoring reports shall be submilled !o CDFG during the five-year maintenance and monitoring period or until such a time !hal the mitigation has been deemed physically and functionally successful by the permitting agencies. Monitoring reports must be submitted within 60 days from !he annual spring-summer survey. The spring survey musl occur during optimal growth conditions between March- ll August and thus be submitted no later than October 15111 • Monitoring reports shall include, but not be limited !o, the following: a. Title pages identifying the regulatory permit numbers and the period for which the monitoring report is applicable: b. A lis! of names, lilies, and companies of all persons who prepared the content of the annual report and participated in the monitoring activities; c. Compiled data, summary , statistics and graphs; d. Survival, %cover, and heigh! of both tree and shrub species: e. Number by species of plants replaced; f. Method used lo assess these parameters; g. Progress photographs taken from the same point as baseline photographs; h. Maps identifying monitoring areas, transect locations, and planting zones; i. Detailed remedial maintenance to be performed. Reports shall be submitted to: Department of Fish and Game South Coast Region 3883 Ruffin Road San Diego, California 92123 Attn: Lake and Streambed Alteration Program Notificalion #1600-2012-01 i 6-R5 VII. COMPLETION OF COMPENSATORY MITIGATION A. Notification of Completion If at the end of !he live-year monitoring program the onsite and offsite locations, as identified here in, have achieved the performance standards the City will submit notification to the DFG along with the final report documenting the program success. At that time the City's responsibility for revegetation program will be terminated. 12 SITE ACCESS LICENSE This Site Access License is entered into this __ day of 2013, by and between Ronald B. Hanson (hereinafter "Licensor"), and the City of San Juan Capistrano (hereinafter "Licensee"). Whereas, the Licensor owns certain real property described as Assessor's Parcel No. 121-07-062 located at 26282 Oso Road, San Juan Capistrano, CA, 92675 as depicted in the attached Exhibit "A", and Whereas, Licensee intends to embark on a habitat mitigation project along a section of Trabuco Creek within the property owned by Licensor as depicted in the attached Exhibit "B" (mitigation site area). NOW, THEREFORE, Licensor and Licensee mutually agree to certain terms and conditions regarding access to the property as follows: 1. Grant of License. Licensor hereby grants authorization to Licensee, its agents, contractors, and their employees, the right to enter upon that certain real property described as Assessor's Parcel No. 121-07-062, for the purpose of allowing Licensee to perform habitat mitigation work within the Licensor's property. The mitigation work shall be restricted to the area as depicted in the attached Exhibit "B" (mitigation site area). Access to the mitigation site area shall be from the maintenance road as depicted in Exhibit "C". It is expressly understood that the right of entry does not in any way whatsoever grant or convey any permanent easement, lease, fee, or other leasehold interest in the mitigation site area to Licensee. 2. Scope of Work. The mitigation work generally entails the removal of 2,000 square feet of giant cane and planting of willow trees within the removal area to stimulate reestablishment of riparian habitat. The scope of work to be performed is describ.ed in full detail in the attached Streambed Alteration Agreement Notification No. 1600-2012-0116-R5 attached as Exhibit "0" and the HMMP for the Arizona Crossing at City of San Juan Capistrano's Reata Park attached as Exhibit "E" (hereinafter the "Work"). 3. Condition of Premises. Licensee understands and acknowledges that Licensee (a) has inspected the property and accepts to enter upon the Property in its "AS IS" condition with full knowledge of the physical condition thereof, (b) the Property may contain hazardous conditions which may present danger and/or risks to the person and property, and (c) Licensor has not made representation or warranty, express or implied, as to the condition of the Property, the suitability of the Property for any purpose. 4. Term. This agreement shall expire on October 15, 2019, unless it is terminated or extended before then upon a written mutual agreement by both - 1 - Attachment 3 parties. This agreement may expire sooner that October 15, 2019, at such time that the mitigation has been deemed physically and functionally successful by the Department of Fish and Game (DFG) as documented in a Notice of Completion Report that DFG accepts and confirms in writing to the Licensee expressly stating that Licensee's responsibility for mitigation work on this site is complete. Within thirty (30) days of DFG's written response that the Licensee's responsibility for mitigation Work is complete, the Licensee will inform the Licensor in writing that this agreement is terminated. 5. Indemnification. Licensee shall indemnify, defend (with counsel acceptable to Licensor), protect and hold harmless Licensor and its officers, directors, employees, shareholders, members, partners, lenders, agents, representatives, contractors and each of their respective successors and assigns and Licensor's affiliates and members (collectively "Licensors Parties") from and against any and all claims, demands, judgments, actions, damages, losses, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees and court costs), whether based on personal injury, property damage, negligence, nuisance, trespass, or pollution, arising at any time during or after the Term as a result (directly or indirectly) of or in connection with Licensee's access or use of Licensor's property pursuant to this License, or the conduct of licensee's activity, work or things done, permitted or suffered by Licensee in or about Licensor's property pursuant to this License, except to the extent caused by Licensor's negligence or willful misconduct. 6. Surrender. Upon expiration or earlier termination of this License, Licensee shall remove all Licensees' personal property. Except for the Work identified in this License, Licensee shall clean, repair, and restore Licensor's property to the same condition as existed prior to Licensee's entry thereon. 7. Amendments. Upon a written mutual agreement by both parties, this License agreement may be amended. 8. Noticing and Reporting Licensee shall provide at least 48 hours advance notice to Licensor of those specific activities to be undertaken prior to commencing the Work. All reports that Licensee sends to the DFG as required in the Streambed Alteration Agreement will also be sent to the Licensor. Any notice required to be given under this agreement must be by written notice via mail or email to: Ronald Bruce Hanson 26282 Oso Road San Juan Capistrano, CA 92675 949-661-1755 (office) sycamore@cox. net -2- 9. Memorandum of License Agreement The parties shall execute in a recordable form a Memorandum of License Agreement which shall be recorded in the records of the Orange County Recorder. Upon expiration or termination of this Agreement the parties shall execute and record a document removing the Memorandum from title. The City shall be responsible for any costs associated with recording the Memorandum or the document removing the Memorandum. In Witness Whereof, the parties hereto have executed this Agreement on the day and year first above written. APPROVED BY: LICENSOR By: ~--~~----~--------------Ronald B. Hanson, Owner APPROVED BY: LICENSEE City of San Juan Capistrano By: __________ ~-------- John Taylor, Mayor ATIEST: By:77~~~~~~~----- Maria Morris, City Clerk - 3 - ----·380ft N CityGIS Copyright @ 2006 All Rights Reserved. The inforrnotion contained herein is the proprietary property Cff the contributor supplied under license and may no! be approved except as licensed by Digtla/ Mop Products. EXHIBIT A http://maps.digitalmapcentral.com/production/ citygis/v07 _ 03 _ 00 l !index.p7.aspx 1/8/2013 , , Arundo Removal Area (2,000 Sq Ft) ................... Access Road I I I I .................. • EXHIBIT B Parcel Boundaries 0 75 150 300 ---=====::~----• Feet ..,.._, "'', •vr.ct~ 1 ur rt1JH I~NU GAME South Coast Region 3883 Ruffin Road San Diego, CA 92123 (858) 467-4201 vvww.dfg.ca.gov October 31, 2012 Mr. William W Curry City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject Final lake or Streambed Alteration Agreement Notification No. 1600-2012-0116-RS Arizona Crossing at Reata Park Dear Mr. Curry: CHARLTON H. BONHAM, Director Enclosed is the final Streambed Alteration Agreement (Agreement) for the Arizona Crossing at Reata Park (Project). Before the Department may issue an Agreement, it must comply with the California Environmental Quality Act (CEQA). In this case, the Department, acting as a responsible agency, determined your project is exempt from CEQA and filed a notice of exemption (NOE) on the same date it signed the Agreement Under CEQA, filing a NOE starts a 35-day period within which a party may challenge the filing agency's approval of the project You may begin your project before the 35-day period expires if you have obtained all necessary local, state, and federal permits or other authorizations. However, if you elect to do so, it wil! be at your own risk. If you have any questions regarding this matter, please contact Kevin Hupf, Environmental Scientist at <§.5B).~67-4223 or khupf@dfg.ca.gov. \ !' ~ \ Sinc~r,ely, ' 101 / ' I;L I ~ JP1 ~~-~ ' / L/ Stephen JLarez ~ Environmental Program Manager Conserving CaCifornia 's WiCi£Ctft Since 18 70 EXHIBIT C ucr"" r rv1t:1~ 1 ur-rl::iH AND GAME South Coast Region 3883 Ruffin Road San Diego, California 92123 (858)-467-4201 www.dlg.ca gov October 31, 2012 Mr. William Curry City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 CHARLTON H. BONHAM, Director UTILiTY DEPARTMENT NOV 5 2012 CITY OF SAN JUAN CAPISTRANO Subject Streambed Alteration Agreement i600-20i2-0116-R5 Dear Mr. Curry: The Department has received your Arroyo Chub Avoidance Plan, prepared by Glenn lukos Associates, Inc., dated October 22, 2012. Based on the information submitted, the Department is satisfied that the plan meets the requirements set forth in Avoidance and Minimization Measures 2.6 and 4.3 of the Streambed Alteration Agreement, and therefore approves this plan. This plan shall be implemented through all phases of the project, including any future maintenance project authorized by the Streambed Alteration Agreement. Please notify the Department of any changes to this plan. If the changes are deemed significant by the Department, a Request to Amend the Streambed Alteration Agreement may be required. This Streambed Alteration Agreement also requires an approved Diversion Plan to implement the project As of today, surface water is not flowing through the project due to lack of significant precipitation, thus eliminating the need for an in-stream diversion. This letter authorizes implementation of the project during dry conditions without an approved Diversion Plan. Any work in areas containing ponded or flowing water, during any repair or maintenance activity, will require a separate Diversion Plan, approved in writing by DFG. Copies of the original Agreement and this letter must be readily available at project worksites and must be presented when requested by a Department representative or other agency with inspection authority. If you have any questions, please contact me at (858) 467-4223 or khupf@dfg.ca.gov. S.ince~~.·./ / f~~ Kevin Hupf Environmental Scientist Conserving Ca[ijorn.ia's WiU[ije Since 1810 CA.UFORN!A 0EPARTMEf'lT OF FISH Af<O GAME SOUTH COAST REGION 3883 RuFFIN ROAD SAN DIEGO, CALIFORNIA 92123 STREAMBED ALTERATION AGREEMENT NOTIFICATION No. 1600-2012-0i 16-R5 SAN JUAN CREEK CiTY OF SAN JUAN CAPISTRANO ARIZONA CROSSING AT REATA PARK This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Game (DFG) and the City of San Juan Capistrano (Permittee) as represented by Mr. William Curry. RECITALS WHEREAS, pursuant to Fish and Game Code (FGC) section 1602, Permittee notified DFG on June 25, 2012, that Permittee intends to complete the project described herein. WHEREAS, pursuant to FGC section 1603, DFG 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 The project is located within San Juan Creek, in the County of Orange, State of California; Latitude 33.515694 North, Longitude -117.627222 West; U.S. Geological Survey (USGS) map San Juan Capistrano 7.5 quadrangle, Section 32, Township 7 South, Range 7 West, San Bernardino Meridian; 28872 Ortega Highway, San Juan Capistrano, CA, 92675; Assessors Parcel Number 12517207. The site is accessed by heading east on State Route 74 (Ortega Highway) from Interstate 5. After approximately 2.1 miles, the property is located on the right. The Arizona Crossing is located in the San Juan Creek at this location. PROJECT DESCRJPT!ON The project is limited tc the repair and maintenance of an existing Arizona Crossing at in the City of San Juan Cap strano. Curren!ly, there are eight existing culverts full of sediment and debris pars: lei to San Juan Creek. The project will remove the sediment Notification #1600-2012-0116-RS Streambed Alteration Agreement Page 2 of 15 and debris from !he existing culverts with the use of a vacuum truck located outside of the stream. The project also includes the installation of one addltional24-inch culvert, additional ungrouteal rip-rap slope protection, and road material fW totaling approximately 3000 cubic yards. This will restore the crossing to the condition before a 2010 storm caused damage to the crossing. The crossing will be maintained to allow for pedestrian, equestrian, and bicycle traffic. Maintenance will consist of keeping the culverts clear of sediment and debris, replacing displaced rip-rap, and filling the crossing with appropriate fill material on an as need basis. PROJECT IMPACTS Existing fish or wildlife resources the project could substantially adversely affect include: FISH -arroyo chub (Gila orcuttit); AMPHIBIANS-arroyo toad (Bvfo caflfomicus); REPTILES-orange-throated whiptail (Asidoscefis hyperythra beldingt), two striped garter snake (Thamnophis hammondi1); BIRDS-Anna's hummingbird (Ca!ypte anna), lesser goldfinch (Carduelis psaltria), house finch (Carpodacus mexicanus), wrentit (Chamaea fasciata), killdeer (Charadrius vociferus), yellow warbler (Dendroica petechia brewsten), cliff swallow (H1rundo pyrrhonota), barn swallow (Hirundo rustica), black phoebe (Sayomis nigricans), Allen's hummingbird (Selasphorus sasin); PLANTS- Coulter's Saltbush (A triplex coulten), coyote bush (Baccharis pi!ularis), Fremont cottonwood (Populus fremontii ssp fremonti1), VVillow trees (Salix spp), Mexican elderberry (Sambucus mexicana); and other riparian/wetland vegetation which provides habitat for those species, and all other aquatic and wildlife resources in the project vicinity. The adverse effects the project could have on !he fish or wildlife resources identified above include: loss of natural bed or bank; change in contour of bed, channel or bank; degradation or aggradation of channel; accelerated channel scour; change in composition of channel materials; restriction or increase in sediment transport; debris transport impedance; increased turbidity; loss or decline of in stream channel habitat; loss or decline of aquatic species' habitat: migration corridors, spawning or rearing areas; diversion of flow water from, or around, activity site; change in sediment delivery below intake; change in flow depth, width or velocity; flow restriction; and change in percolation. MEASURES TO PROTECT FISH AND W!UJUFE RESOURCES Permittee shall meet each administrative requirement described below. 1. i 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 Notification #i 600-2012-01 '16-RS Streambed Alteration Agreement Page 3 of 15 available at the project site at all times and shall be presented to DFG personnel, or personnel from another state, federal, or local agency upon request i .2 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, 1.3 Notification of Conflicting Provisions, Permittee shall notify DFG 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, DFG shali contact Permittee to resolve any conflict. 1.4 Project Site Entry Permittee agrees that DFG personnel milly enter the project site at any time to verify compliance with the Agreement 1.5 Notification Prior to Work. The Permittee shall notify DFG, in writing, at least five days prior to initiation of construction (project) activities and at least five days prior to completion of construction (project) activities, each time project activities occur. Notification shall be sent to DFG's South Coast Office at the address above, ATTN: Streambed Alteration Progra.m-SAA # 1600-2012-01 1 6-R5, To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each measure listed below. 2.1 Protected Species. This Agreement does not authorize take, incidental or otherwise, of any protected species. For the purpose of this Agreement, "protected species" means the following: a species fully protected under state law; a candidate species or species listed as threatened or endangered under the California Endangered Species Act (Fish & G. Code§ 2050 et seq.) and/or Endangered Species Act (16 U.S.C. § 1531 et seq.); a species identified by DFG as a species of special concern; or any other species for which take is prohibited under state or federal law. No direct or indirect impacts shall occur to any protected species, except as may be authorized by one or more individual permits that authorize such impacts. Resource Protection 2.2 Authorized Impacts. The Permittee shall not impact more than 0.1 19 acres of habitat subject to FGC section i 602 permitting requirements associated with the Jl,rizona Crossing at Reata Park. Notification #1600-2012-0116-RS Streambed Alteration Agreement Page 4 of 15 2.3 Construction Area Demarcation. Due to the presence of native riparian vegetation, all vegetation clearing shall be conducted under the supervision of a qualified biological monitor, and the perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat, ana to ensure tl1at direct and indirect impacts to fish and wildlife are minimized. 2.4 Biological Monitor. A qualified biological monitor is an individual experienced with construction level biological monitoring and who is able to recognize species in the project area and who is familiar with the habits and beha!vior of those species. Biological monitors shall have academic and professional experience in biological sciences and related resource management activities as it pertains to this project 2.5 Nesting Birds. To avoid impacts to nesting birds, vegetation removal or construction activities shaH not take place within DFG jurisdictional habitats from February 1 through August 31, the "restricted work period". If avoidance of the nesting bird season is not feasible, vegetation removal or construction activities may occur during the restricted work period if a qualified biologist conducts focused surveys for active nests within fo1iy-eight (48) hours prior to work in the area The survey area shall extend 500 feet beyond the construction limits for the project. The biologist must have previous experience in nesting sunteys for bird species. The results of the survey shall be submitted to the DFG prior to any project activities in the form of a written report via e-mail and shall include the following information; dates of survey, total field time of survey efforts, map of survey routes, names of investigators, and if any active nests were found (see Measure 4.1; Reporting). If the survey identifies an active nest, 8! buffer shall be established between the construction activities and the active nest so that nesting activities are not interrupted. The buffer shall be delineated by temporary fencing, and shall be in effect throughout construction or until the nest is no longer active. The buffer shall be a minimum of 300 feet (500 feet for rap tors) of a non-listed nesting migratory bird nest, and 500 feet of a listed bird nest. Permittee may consult with the DFG to discuss a reduced buffer size for a non-listed species if species sensitivity and localized conditions (e.g., width and type of screening vegetation between the nest and the proposed activity, terrain, existing level of human activity within the buffer and in the surrounding area) warrant a reduced buffer. 2.6 Arrovo Chub Avoidance. Arroyo chub (Gila orcutlir) are known to inhabit the stream immediately upstream and downstream of this project. Permittee shall submit an Arroyo Chub Avoidance Plan to avoid negatively influencing this species. The plan shall include pre-construction and ongoing construction techniques thai will be initiated for the protection of this species. The plan shall also describe how this project 1Vill not be a long-term impediment to the migration and survival of this species. Notification #1600-2012-0116-RS Streambed Alteration Agreement Page 5 of 15 2. 7 Remove Cleared Material from Stream All trimmed or cleared material shai/ be removed from the area and deposited where it cannot re-enter the stream. 2.8 Maintain Aquatic Life. When any dam or other artificial obstruction is being constructed, maintained, or placed in operation, Permittee shall allow sufficient water at aH times to pass downstream to maintain aquatic life below the dam pursuant to FGC section 5937. 2.9 Fish Passage. Any structure/culvert placed within a stream where fish (as defined in Fish & G. Code § 45) do/may occur, shall be designed, constructed and maintained such that it does not constitute a barrier to .upstream or downstream movement of aquatic life, or cause an avoidance reaction by fish that impedes their upstream or downstream movement. This includes but is not limited to the supply of water at an appropriate depth, temperature, and velocity to facilitate upstream and downstream fish migration. If any aspect of the proposed project results in a long-term reduction in fish movement, the Permittee shall be responsible for all future activities and expenditures necessary (as determined by DFG) to secure passage of fish across the structure. 2.10 Fill Dimensions. Fill length, width, and height dimensions shall no! exceed those of the original design/installation or the original naturally occurring topography, contour, and elevation. Fill shall be limited to the minimal amount necessary to accomplish the agreed activities. Except as otherwise specified in this Agreement, fill construction materials other than on-site alluvium, and sha II consist of clean silt- free gravel or river rock. 211 Rock for Erosion Control from Channel. Rock that was part of the original Arizona Crossing has been relocated downstream by various storm events. Rock for slope protection may be reused from the stream channel provided that rock removal does not increase erosion of the stream's channel, bed or banks, or cause an interference to the free passage of fish. Rock may be collected with heavy equipment from outside of the channel or from the existing crossing and be re- incorporated into the crossing. Large equipment shall not enter the stream at any time for rock retrieval as a part of this project. 212 Displaced Material. II is the responsibility of the Permittee to remove all accessible material from the project that is displaced by storm events from the streambed. If washed away rock or concrete can reasonably be accessed by equipment located outside of the stream, Permittee shall remove the rock for slope protection and discard the concrete material as described in this Agreement. 2.13 Existing Concrete_ Concrete pieces shall not be relocated and re-used as a part of this Agreement. !f any of the existing concrete is washed downstream as a result Notification #1600-2012-01 i 6-RS Streambed Alteration Agreement Page 6 of 15 of a storm event, it shall be removed from the stream, complying with all other terms and measures of this Agreement, and disposed of in a legal manner. The crossing shall then be restored with ungrouted rip-rap engineered to withstand large storm events. 2.14 No Additional Concrete. No concrete shall be placed in the stream as pa1i of this Agreement 2.15 Fill Materials. Fill material shall not come from any stream bed, bank, or channel without written concurrence from DFG, except as otherwise addressed in this Agreement All fill material shall be free from contaminates such as trash, debris, or any other material deleterious to aquatic life or water quality. 2.16 Compacted FilL Fill material shall be heavily compacted and constructed of non- erodible materials approved by the Department prior to construction. if filis are temporary they shall be removed immediately upon completion. 2.17 Preparation for Culvert. Preparation of the streambed for the culverts shall be done by hand (or with equipment operated out of the live stream from the bank above). 2.18 Culvert Grade. Installation of bridges, culverts, or other structures shall be such that water flow is not impaired. Bottoms of temporary culverts shall be placed at or below stream channel grade and bottoms of permanent culverts shall be placed below stream channel grade. 2.19 Keep Culverts Clear. Permanent culverts shall be maintained and kept open year- round. The Permittee is responsible for such maintenance as long as !he culverts remain in the stream. This shall be accomplished with all other terms and measures of this Agreement. Temoor<l!ry Diversion 2.20 Maintain Flows. Flow diversion shall be done in a manner that shall prevent pollution and/or siltation and which shall provide flows to downstream reaches. Flows to downstream reaches shalf be provided during all times that the natural flow would have supported aquatic life. Said flows shall be sufficient quality and quantity, and of appropriate temperature to suppori fish and other aquatic life both above and below the diversion. Normal flows shall be restored to affected stream immediately upon completion of work at that location. Notification #1600-2012-01i6-R5 Streambed Alteration Agreement Page 7 of 15 2.21 Gleam Materials. Any tempora1y dam or other artificial obstruction constructed shall only be built from materials such as clean gravel which will cause little or no siltation, and shall be approved by the DFG prior to construction. 2.22 Excavation Dewatering. If an excavation site must be dewatered, any muddy, or otherwise contaminated, water shall be pumped into a holding facility or into a settling pond located in flat stable areas outside of the stream channel or pumped up on a stable grassy area where the water clears prior to flowing back into the stream. Erosion, Turbiclit\1, and Siltation 2.23 Erosion Control Measures. Permittee shall utilize erosion control measures throughout all phases of operation where sediment runoff from exposed slopes threatens to enter the stream. 2.24 No Heavy Equipment in Stream. No heavy equipment shall operate in the portion of the streambed where flowing water is present or anticipated during tile term of !his Agreement. 2.25 Disturbed Slopes. Areas of disturbed soils with slopes toward a stream or lake shall be stabilized to reduce erosion potential. Planting and seeding is conditionally acceptable. Where suitable vegetation cannot reasonably be expected to become established, non-erodible materials, such as coconut fiber matting, shall be used for such stabilization until planted/seeded vegetation can become established. Any installation of non-erodible materia Is not described in the original project description shall be coordinated with the Department. Coordination may include the negotiation of additional Agreement provisions for this activity. 2.26 Halt Activities if High Turbidity/Siltation Occurs. Upon DFG 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 DFG approved control devices are installed, or abatement procedures are initiated. Pof1uticm. Litter, and CreaiT-Ufl 2.27 Fguipment and Vehicle Spills and Contaminants. Any equipment or vehicles driven and/or operated within or adjacent to the stream shall be checked and maintained daily, to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. The Permittee shall maintain all vehicles and equipment in proper working condition to minimize fugitive emissions and accidental spilis from motor oil, antifreeze, hydraulic fluid, grease, and other fluids or hazardous materials .. Ali fuel or hazardous waste leaks, spills, or releases shall Notification #1600-2012-0116-RS Streambed Alteration Agreement Page 8 of 15 be stopped or repaired immediately and cleaned up at the time of occurrence. The Permittee shall be responsible for spill material removal and disposal to an approved offsite landfill and spill reporting to the permitting agencies. Service/maintenance vehicles shall carry appropriate equipment and materials to isolate and remediate leaks or spills. A spill containment kit shall be available onsite for all fueling, maintenance, and construction activities. 2.28 Stationary Equipment. Stationary equipment such as motors, pumps, generators, and welders, located within or adjacent to the stream or shall be positioned over drip pans. Stationary heavy equipment shall have suitable containment to handle a catastrophic spill/leak. 2.29 Equipment Maintenance and Fuelinq. No equipment maintenance or fueling shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas. 2.30 Equipment Access. Access to the work site shall be via existing roads and access ramps. 2.31 Remove Temporary Flagging, Fencing, and Barriers. Permittee shall remove all temporary flagging, fencing, and/or barriers from the projects He and vicinity of the stream upon completion of project activities. Restoring Vegetation 2.32 Native Plant Materials Required. Revegetation shall include only local plant materials native to the project area, unless otherwise approved by DFG in writing. 2.33 Arundo Eradication Methods. Arundo shall be cut to a height of 6 inches or less, and the stumps painted with an herbicide approved for aquatic use with in 5 minutes of cutting. Reapplication of herbicide shall occur twice within 6 months of initial removal. Where proposed methods for removing Arundo deviate from this procedure, the Permittee shall present the alternate methods, in writing, to the Department for review and approval, prior to construction. Arundo removal shall be done at an optimum time of year to achieve optimum success. All other non- native plant removal shall be done with hand tools. No excavation or soil disturbance of any kind shall occur. 2.34 Seasonal Restriction for Arundo Removal. Arundo removal for mitigation purposes shall take place outside of February 1 through August 31, the "restricted work period" to decrease indirect effects on nesting birds. 2.35 Bank Restoration. Any disturbed banks shall be fully restored with native vegetation upcn completion of construction. Stripped or exposed areas shall be 1·evegetated with native species appropriate to local conditions. Notification #1600-2012-0116-RS Streambed Alteration Agreement Page 9 ofi5 2.36 Removal and Disposal of Non-Native Vegetation. Any non-native vegetation removed shall be disposed of legally in a manner which prevents its reestablishment and in a manner that does not negatively affect other sensitive native habitat. 2.37 Success Criteria. All mitigation planting shat/ have a minimum of 100% survival the first year and 80% survival thereafter and/or shall attain 75% cover of native woody perennials after 3 years and 90% cover of native woody perennials after 5 years. If the survival and cover requirements have not been met, the Permiitee is responsible for replacement planting to achieve these requirements. Replacement plants shall be monitored with !he same survival and growth requirements for 5 years after planting. At the completion of the monitoring period, the mitigation site shall have received no supplemental irrigation for a period of two consecutive years, nonnative plants shall not make-up more than 5% of the entire cover of the site, no more than 5% of the site shall consist of bare ground and the site shall be free of invasive exotic plant species. 3. Compensatory Measures To compensate for adverse impacts to fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall implement each measure listed below. 3.1 Mitigation for Authorized Impacts. The Permittee shall submit a Habitat Mitigation and Monitoring Plan (HMMP) that adequately mitigates for impacts to fish and wildlife resources necessary to complete the repair and maintenance of the Arizona crossing at Reata Park. The HMMP shall include 2000 square feet of Arundo donax removal offsite, as well as revegetation efforts onsite. 3.2 Mitigation Timing. On-site revegetation efforts shall begin within 45 days of the initial construction completion. Off-site invasive species removal and native revegetation shall begin concurrent with the initial construction activities or within 45 days of initial construction completion. 3.3 Mitigation for Unauthorized Impacts. The Permittee shall mitigate at a minimum 5:1 ratio for impacts beyond those authorized in this Agreement In the event that additional mitigation is required, the type of mitigation shall be determined by DFG, and may include creation, restoration, enhancement and/or preservation. <t. Repenting Measures Permittee shall meet each reporting requirement described below. 4.1 Nesting Bird Surveys. The Permittee shalf submit the results of focused surveys associated with measures: 2.5; to DFG in the form of a written report via e-mail to R5LSA.Compliance@dfg.ca.gov prior to any project impacts. Notification #1600-2012-01 i 6-R5 Streambed Alteration Agreement Page 10 of 15 4.2 Annual Mitigation, Maintenance And Monitorinq Reports. Mitigation, maintenance, and monitoring reports shafl be submitted annually to the DFG during the minimum five-year maintenance and monitoring period until mitigation has been deemed physically and functionally successful by the permitting agencies. Monitoring reports must be submitted within 60 days from the annual spring-summer swvey. The spring survey must occur during optimal growing conditions between March - August and thus must be submitted no later than October 151h. Monitoring reports shall include, but not be limited to, the following: a. Title pages identifying the regulatory agency permit numbers and the period for which the monitoring report is applicable; b. A list of names, titles, and companies of all persons who prepared the content of the annual report and participated in monitoring activities; c. Compiled data, summary statistics and graphs; d. Survival, %cover, and height of both tree and shrub species; e Number by species of plants replaced; f. Method used to assess these parameters; g. Progress photographs taken from the same vantage point as baseline photographs; h. Maps identifying monitoring areas, transect locations, and planting zones; i. Detailed remedial maintenance to be pertormed. 4.3 Arroyo Chub Avoidance Plan. The Permitee shall submit the Arroyo Chub Avoidance Plan prior to initiation of any project impacts. The Permittee will receive written approval of this plan by DFG prior to initiation of any project impacts. 4.4 Diversion Plan. The Permittee shall submit a Diversion Plan to avoid work in the wetted portion of the stream. The entire stream flow shall be diverted around the work area by a barrier, temporary culvert, new channel, or other means approved by the Department. Diversion plan shall include specific locations of the upstream and downstream diversion points. Construction of the barrier and/or the new channel shall norma fly begin in the downstream area and continue in an upstream direction, and the flow shall be diverted only when construction of the diversion is completed. Channel bank or barrier construction shall be adequate to prevent seepage into or from the work area. Diversion berms shall be constructed of coffer dams, inflatable dams, sand bags, or other approved materials. Channel banks or barriers shail not be made of earth or other substances subject to erosion unless first enclosed by sheet piling, rock rip-rap, or other protective material. The enclosure and the supportive material shall be removed when the work is completed and removal shall normally proceed from downstream in an upstream direction. The Permittee shall receive written approval of the Diversion Plan from the Department prior to initiation of any project impacts. 4.5 Habitat Mitigation and Monitoring Plan. The Permittee shall submit a Habitat Mitigation and Monrtoring Plan (HMMP) for OFG review prior to initiating project Notification #1600-2012-0116-RS Streambed Jldteraticn Agreement Page 11 of 15 impacts. The HMMP shall be prepared by persons with expertise in southern California ecosystems and native plant re-vegetation techniques. The plan shall include, at a minimum: (a) the location of the mitigation site; (b) the plant species to be used, container sizes, and seeding rates; (c) a schematic depicting the mitigation area; (d) planting schedule; (e) a description of the irrigation methodology; (f) measures to control exotic vegetation on site; (g) specific success criteria; (h) a detailed monitoring program; (i) contingency measures should the success. criteria not be met; and Q) identification of the party responsible for meeting the success crite1·ia. The Permittee shaH receive written DFG approval of the HMMP prior to initiation of project impacts. CONTACT INFORMATION Any communication that Permittee or DFG submits to the other shall be in writing and any communication or documentation shall be delivered to !he address below by U.S. mail, fax, or email, or to such other address as Permittee or DFG specifies by written notice to the other. To Permittee: City of San Juan Capistrano William Curry 32400 Paseo Adelanto San Juan Capistrano, CA 92675 wcurry@sanjuancapistrano.org To DFG: Department of Fish and Game South Coast Region 3883 Ruffin Road San Diego, California 92123 Attn: Lake and Streambed Alteration Program Notification #1600-2012-0116-RS LIABILITY Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the project or any activity related to it that the Agreement authorizes. This Agreement does not constitute DFG's endorsement of, or require Permittee to proceed with the pmject The decision to proceed with the project is Permittee's alene. Notification #1600-2012-0116-R5 Streambed Alteration Agreement Page 12 of 15 SUSPENSION AND REVOCATION DFG may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, orcontractors and subcontractors, is not in compliance with the Agreement. Before DFG suspends or revokes the Agreement, it snail provide Permittee written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before DFG suspends or revokes the Agreement, and include instructions to Pe.rmittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused DFG to issue the notice. ENFORCEMENT Nothing in the Agreement precludes DFG from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement. Nothing in the Agreement limits or otherwise affects DFG's enforcement authority or that of its enforcement personnel. OTHER lEGAl OBUGA TfOI\!S This Agreement does not relieve Permittee or amy person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from obtaining any other permits or authorizations that might be required under other federal, state, or local laws or regulations before beginning the project or an activity related to it. This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the FGC including, but not limited to, FGC sections 2050 et seq. (threatened and endangered species), 3503 (bird nests and eggs), 3503.5 (birds of prey), 5650 (water pollution), 5652 (refuse disposal into water), 5901 (fish passage), 5937 (sufficient water for fish), and 5948 (obstruction of stream). Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass. Notification #1600·201 2-0116·R5 Streambed Alteration Agreement Page 13 of 15 AMENDMENT DFG may amend the Agreement at any time during its term if DFG determines the amendment is necessary to protect an existing fish or wildlife resource. Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by DFG and Permittee. To request an amendment, Permittee shall submit to DFG a completed DFG "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the corresponding amendment fee identified in DFG's current fee schedule (see Cal. Code Regs., !it 14, § 699 5). TRANSFER AND ASSiGNMENT This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter DFG approves the transfer or assignment in writing. The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shali submit to OFG a completed OFG "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the minor amendment fee identified in OFG's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). EXTENSIONS In accordance with FGC section 1605(b), Permittee may request one extension of the Agreement, provided the request is made prior to the expiration of the Agreement's term. To request an extension, Permittee shall submit to DFG a completed DFG "Request to Extend lake or Streambed Alteration" form and include with the completed form payment of the exiension fee identified in DFG's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). DFG shall process the extension request in accordance with FGC 1605(b) through (e). If Pemrittee fails to submit a request to exiend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the project the Agreement covers (Fish & G. Code,§ i605, subd. (f)) .. EFFECTIVE DATE The Agreement becomes effective on the date of DFG's signature, which shall be: 1) after Permittee's signature; 2) after DFG complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the Notification #1600~201 2-0i 16-RS Streambed Alteration Agreement Page 14 of 15 applicable FGC section 711.4 filing fee listed at http://www. dfg .ca .gov/habcon/ceqa/ceqa_ changes .html. TERM This Agreement shall expire on October 15, 2017, unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term. Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as FGC section 1605(a)(2) requires. AUTHORITY If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee's behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein. AUTHORIZA T!ON This Agreement authorizes only the project described herein. If Permittee begins or completes a project different from !11e project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify DFG in accordance with FGC section 1602. Notification #i 600-2012-0116-RS Streambed Alteration Agreement Page i5 of 15 CONCURRENCE The undersigned accepts and agrees to comply with all provisions contained herein. Date Environmental Progra anager Prepared October 20. 2012 by Kevin Hupf, Environmental Scientist EXHIBIT D nts SECTION L EJCecutlve; Summary"'" ......................................................... 1 SECTION H. Description of Propoo111d Proje;ct/lm~Jii!ct Slt11 Responsible Parties ............................................................... 2 2.8 Project Location ..................................................................... .2 2.C Brief Summary of Project .......... : ............................................ .. 2.D Sensitive Habi!als/Species .................................................. ,. .. 3 SECTiON MITIGATION OBJECTIVES 3.A Om~ite Mitigation ................................................................. ..4 3. 8 O!'fsite Mi!igalion ................................................................. . SECTION IV, MITIGATION WORK PLAN 4.A Mitigation Schedule .................................................................. A 4.8 Restoration Contractor. ............................................................. 5 4.C Site Preparation ...................................................................... 5 4.D Plan! Palelles ........................................................................ 5 4.E Live-Stake Plan!ing Method ...................................................... !l 4.F Gi<ml Cane Removal Meth(>d .................................................... ? 5.A Crossing Maintenance ....................................... , ................... . 5.8 Giani Cane Treatment. ........................................................... 8 S!!cffon \!L MONITORING PLAN HIE COMFENSATORY M!nGA TION l'HTE 6.A Vegetation Monitoring Program ..... 6J.! Qualitalf\le Mcmlloring .............................................................. 8 6.C Quan!i!ative Monitoring ............................................................ 8 6.D Performance Standards ........................................................... 9 6 .E Annual Monitoring Reports ....................................................... 9 SECTION '111. COMPlETION COMPENSATORY MIT!GATION 7.A Notification of Completion ....................................................... 10 2 L EXECUTIVE SUMMARY The City of San Juan Capistrano (City) is proposing lo repair an existing AriZona road crossing at Reata Park (crossing) that traverses San Juan Creek at approximately Xi . mila downstream of !he Ortega Highway Bridge at Antonio Parkway within the City of San Juan Capistrano. This crossing dates bad< to pre-1970 according lo Orange County Flood pholos, and was used by the previous owners, the Rancho Mission Viejo Company, for some of their ranch operations. The City purchased this property in January 2010 and has dedicated It for public and open space land uses. The Arizona crossing and its maintenance was· part of the purchase agreement. Since its existence, visitors to !he facility have enjo)led the use of !his crossing via foot and on horseback to pass from !he equestrian trail on !he north side of San Juan Creek and travel across !o the riding park facility on the south side of the creel< without entering the streambed. During the winter storm of 20i 0, an exceedingly high reie of flow came down !he San Juan Creek and damaged !he r.rossing to the extent !ha! it became hazardous for public use. The City's proposed Project (Project) consists of repair and maintenance of eight existing culverts at the crossing by cleaning debris and sediment from the culverts using a vacuum truck located outside of the strearn. The Project also includes the ins!al!a!ion of a 24-inch corrugated steel culver!, addi!ionaltmgrouted riprap slope protection, and road material fill of up to 3000 cubic yards returning the crossing to its pre-s!onn even! condition. The City has notified the Ca!ifomia Department of Fish and Game (CDFG} of !heir intended Project a:nd has been authorized !o perform the necessary work, impacting no more than 0. i 19 acre of CDFG jurisdiction pursuant to Section 1602 of the Fish and Game Code Streambed Alteration Agreement Notification Number 1601J-2012-01169- R5 (SAA). The City has agreed lo carry out the Project in compliance with habitat protection and mitigation measures outlined in !he abovementioned SAA and described in further detail herein. This Habitat Mitigation and Monitoring Plan [HMMP) dsscribes required mitigation measures which include revegetation of riparian habitat onsite within the work area, and the removal of :2000 square feet of giant cene (Anmdo donax) offsite, and a five-year maintenance, monitoring, and reporting program to follow mittgation implementation. 3 II. DESCRIPTION OF PROPOSED FROJECTiiMPACT S!T!': Pel111i!tee: Contact: Telephone: Project Biologist: Contact: Telephone: City of San Juan Capistrano William Curry (949) 4874307 Glenn Lukos Associates Jeff Ahrens (949) 837..0404 The Project is located in !he City of San Juan Capistrano, Orange County, Calffomia. The project aile can be found an U.S. Geologica! Survey 7.5 San Juan Capistrano Quadrangle [dated 1968 and photo revised in 1982] in Sec!ian 32, Township 7 South, Range 7 West The Universal Transverse Mercator (UTM) coordinates approJdmately corresponding to the site are 441745.46 E and 3708637.41 N [Exhibits 1 and 2- Regiona/ and Vicinity Maps]. The Arizona road crossing is an earthen roadway that transverses the San Juan Creek approximately ;4 mile downstream of the Ortega Hig.hway Bridge [Exhibit 3-Projeot Location Map]. The crossing has benefitted the natural stream and riparian llabi!a!s by providing a pathway across the San Juan Creek streambed that keeps the public out of the sensitive riparian habitat area. The Project scope entails the repair and maintenance actions to retum the crossing to i!s pre-storm event condition by cleaning out the sand and dirt !hat has fined and plugged the eight existing 24-im:h culvert pipes and replacing the riprap !hat was displaced during the storm event back lo its former location on the sloped sides of !he crossing as noted in the construction drawings in Exhibil4. The method for retrieval will be through the use of a trac!m that wil! reach into the stream using a claim shall type attachment !a grab the rock and lift i! out of the streambed. At no time will the tractor enter the streambed and all work will be done from the existing roadway traveling dawn to the crossing and from !he flat restored cross:ing surface. Workers wHl work with the tractor and a contracted biologist to be certain !hat the streambed in no! impacted. The materials removed from the stream along with additional rock from a local quarry wifl be placed back on !he sides of the earth an banks of the crossing to protect against erosion from stream flaws. The horizontal surface area calculated to be impacted to conduct the necessa.ry repairs measures approximately 1,290 square feet; the City has added an additional 780 4 square feet for oonlingency purposes for !he total area of impact at 2,000 square feet, or approximately 0Jl459 acres of land surface. The Project also includ6s the add ilion of one 24-inch corrugated steel culvert pipe to be installed at the same level as the other sigh! existing 24-inch culverts. The new pipe will be installed at the northern bank of San Juan Creek parallel !o !he edge of the stream. This additional culvl!lrt will be used to carry the stream flow while materials are being placed back on top of the existing crossing bed and aid in bank stabilization during storm events. This pipe wH! protect the stream flow from dusl or debris entering the water flow during repair work and ensum a safe and oontro!led placement of !he fill materials. The new fill material shall be local native material collected from within the wa!Eiirshed outside of any riparian areas. The fill material will be placed and oompacted over the existing pipes and !he proposed additional pipe and the surface of the crossing wi!l be restored to its pre-storm elevation. In April of 2011, in prepawing to perform repair and maintenance work on !he crossing, the City oon!ractoo with Glenn lukos Associates (GlA) to perform several habitat surveys of the Project area. Surveys ware oonducled for the federally-listed endengered southwestern willow llyca!cher (Empidonax troilfii exfimus), arroyo toad (Anaxyros aallfomicus), and !he wes!em yellow-billed cuckoo (Coccyzusamericsnus occidentalfs) as noted in the attached reports dated August 31,2011, and labeled as Appendix A B, and C, respectively. The survey area included the Project area, 500-feel upstream and 501:J-fee! downstream of the Project ama1. Results from !he surveys detailed that the southwestern wi~low flycatcher, the arroyo load and !he IWslem yeltow-bi!!ed cuckoo were not detected by within the Pmjec! site or the larger survey area. Additionally, no other endangered or threatened species were detected within !he Project site or survey Area. The survey noted !he following list of species within or near the Project area: 0 Yellow warbler (Dendroica petechia!) • While !ailed kite (Elan us leucurus) • Arroyo chub (Gila orcuf:l:ii) • Bmvm-headed cowbird {Molothrus ater), only one inclividw:ll of !his species was encountered. This HMMP describes required mi!lg©:licm measures se! forth by !he CDFG which include revegetation of riparian rrabi!:a! on site within !he work area a! tile crossing, and mnJCJV•::~I of 2000 square feel of gi"n1t cane offsile 11\illhln Trabuco Creek, and a ilve" mainl19rl<lnce, mcmiloring, and reporting program to follow mitigation implementa!iort ·rna proposed repairs at the crossing will require tile replacement of the liprap which lined !he existing sloped sides of Ina crossing along certain sectiorm. The riprep area has been idenlffied by CDFG as an appropliala site of mitigalion for proposed impacts to the streambed associated with the crossing repair work. CDFG requires !he,t any disturbed banks shall he restored with local native riparian VE~Qelation upon completion of work. Onsite mitigation entai!slhe planting of willow trees lil~lhin !he work area inlhe northern bank of San Juan Crel!lk. pro,po:sed orn~!le iocalion is loca!EH:l Capist:rarro mitigation nmiA"I Projeo! 2C Rancl1 Rastoralion Project is restoring riparian habitat in Tmbuco Creek from east of me lniewsla!e 5 Freeway down to the property line of the Sycamore Stables. The proposed oftsite mitigation will join up to the southern boundary of lhe 2C Ranch Project This will keep !he ama upstream of !he proposed offsi!e mitigation fra<!l of giant cane thai would o!h<ilrwise flow downstream and invade !he offsila mitigation iliraa, prcrpo•sed on:;lte mil,igai:ion area covers 2,000 square feet of in-slream terrain ae can seen In in 5, The proposed mitigation site is located on privata property located at 26282 Oso Road, San Juan Capistrano, CA 92675 (longitude 33.514136, latitude ·11Hl72215), The property is privately owned wi!h !he owner operating Sycamore Trails Stables equestlia1n center at this location, The City has mel with the owner, Mr, Ronald B. Hanson, and has developed an agreement fur the City lo acc.ess and remove the gianl cane and maintain tl1e site unli! native riparian vegetation is re-aslab!ishad and/or for term of !he DFG permit Oll:sita mi!igaltion entails the nsmova! of 20()0 square giar1! cane wWovi t;-ees are2 lo s!imulale reeslah!isllment of riparian the offo;ile location Onsila revega!ai!on efforts shalf begin 1!\ll!hin 45 days of the initial constrvdion completion. Offsi!e irwasive, species remova! and naf:ive ravege!ati.o11 shall begi11 concurrent with lh e initial cons!ruclion activities or ~~;ithin 45 days of initial construction completion" 1 . The Onsile Plant Paie!1e A lola! of 7 cuttings 111411 be planloo a! the ensile portion of mitigation: On the bank immediately west of lhl'l access trail, 2 arroyo 11\ii!lows (Salix l<i!aiolepia) and 1 Black willow (Salix gooddingit) will be iru;;lal/ed. Onlhe bank immediately eas! of the access !rail, 2 arroyo willows and 2 Black willows will be installed. Cuttings will be spaced em 5 foot centers on each side of the access trail. The method and procedure for this \1\JOrk is notoo in Section IV.E below" rBcl:ll!rdc~l N~!!me Common !ll~me ·-~t.l~lfltltil[ Salix !asio/epis Arroyo willow 4 Salix gooddinglf Black willow 3 Total 7 Q[@ife Plant Palette; A 1 nlanli!'Jd at !he offs.lls ,,(,nri"'" slaking of local ,.e~,,!~wl Live-staking is a revegetation method thai is bei1eflcia! for keeping the sitEHlpecific genetic integrity of !he revegetation project by culling and replanting branches from the donor (to-be-impacled plants or existing adjacent) willow (Salix sp.) species. This method is mosl successful with arroyo willow, black willow, and sandbar willow (Salix exigua}, but can also bs used wilh mule fat and cottonwood species (Populus sp.). This method is preferred for use if the donor willows are large enough to provide !he necessary size of branches, !he culling and replanting occurs during ihs dormant season, and proper conditions exist onsite that wm ensure survival of the cuttings. The proposed ensile and off'Si!e mitigation sites exhibit appropriate oo,nditions for the survival of the willow cu!!ings. The following conditions must exist for maximun; vlebilily using the live-stake method; • The donor willows must be mature enough (2-4 years old) to supply branches measuring %-1 inch in diameter and a! least 6 feel in length. The cutting and replanting should be conducted in the cooler nnontils during willow dormancy, between November and February, \~4th all work completed before February 1. The water table must be within 6-8 feet from !he surface with relatively lillie fluctuation throughout the gTowing season. The soils in the replanting area must be similar to the soils where !he donor plant was growing. Steps for Successful live Slaking; Cut branches during !he dormant season between November and February. • Select cutfings from healthy tress. Select the longest, straightest branches available. · • Select branches !hal are %-1 inch thick and 6-8 fee! long. Prepare cutting by trimming off the top (terminal bud}. Prune lateral stems to allow most of !he energy to be spent on root development • Cut !he lop straight across and !he bottom at an angle to avo!d replanting the stakes upside down. ' Soak the cuttings in a bucket of water for 3-5 days. Plant immediately after the soaf~ing ireatmen!. ' Use rabar or a11 electric hammer drlll equipped with Hnt:h diameter, 6-foot bits to prepare planting hofe. Plant branches such that at least Y. to 2/3 of the cutting is below ground afld as dose as possible to the water table. Plant poles i feet a. part to <ilnhance overall survival. ' Pack soil around culling !igh~y lo avoid air bubbles. Fill planting hole Wilh water and additional soil to create a slurry of mud to ensure removal of air pockets. If necessary, lm;!all tree guards around cuttings to protect from herbivores. Condition 2.33, by cutting the s!alks painting with a herbicide culling. rJ!I)n~lflv dlspo,sed of in '"'''"''''so The Cit)rs <tlllllH!l maint<mam::e program for the Arizona Cros~lng will include following: •· Monitoring and rest!ictlng !he traffic using !he crossing to pedestrian, equestrian, bicycle, electric carts and necessary main!enanoo vehicles am! equipment. 0 Ongoing repair and mainlenanoo of the crossing's access !r&Jil, its smlaoo and 01~ ~ \\\"') • removal of trash or foreign mal:!er !hat is nol part of !he area's natural environ men!. ne1sdeKJ basis, or a minimum of two " limes marinl.emmce crevvs" Worl< Wili include f101'Hla!ive cvV vegetation removal from the sloped sides in riprE!pped an~a on !he immediate sides of !he crossing only. o Remov<'!! of d®bris or vegetation thai hss buill up or block the upslream and downstream ends of the 24·im:h culverts thai pass under !he crossing to provide 1.mdls!urbed stream !lows. c Clearing inl®!s and ou!fe!s. of the nina 2~inch culverts passing under !lie crossing on an a:s needed basis or a minimum of two times per year, including !he dearing of debris and sediments !hal hE~:ve been deposited inside !h!l culverts !o allow for t.mdis!urbed stream flows. Q e All work on the crossing slopes or within !he culverts will transpire outside of the nesting season data of February 1 until Augusl31, unless written permission is granted by CDFG. cane shall occur twice within 6 months of occur the nesting unless olheiWise r<M:on~menc:!ed by !he Project Biologist, and approved, in writing Qualified habitat restoration spedalisls, biologists, or hmtiru!lurlsts with appropriate credentials and axpl'lrlenoe in nalive habitat restoration shall paliorm monitoring. Cont!rmily within !he personnel and methodof,ogy of monitoring shall be rnainlained insofar as possible lo ensure c:omparabllfl assassmBnta. Monitoring vvm assass the al:talnmanl of annual and final success criteria and identify !he ne·ed to implement contingency measures in lhe event of failure. Monitoring mc•l~'>r>li.~ mo,uao an annwlllally of dei!!d and/or declining plant visual cover as well as field sampling leclmiques presented oe:,ow. Both ensile and offsile mitigation locations shall be monitored on !he same schedule. In order to ensura !he successful establishment of the sites the monitoring is sohaduled for five years or until !he five-year succass criteria have been met and confirmed by CDFG: 1 Project Biologist on e quarterly basis for flrslyear, and remainder period. Qualitative surveys, wnsis!irlg of a general sita wa!tmver· charac!eriza!lcm, will be completed during each monitoring visit General observations, such as fitness and health of !he planted Spl'lcies, pest problems, weed estab!ishmenl, mortality, and drought stress, will ba noted in each sila walkover. The Project Biologist will also note observations on wildlife use and native plan! recruitment fur lha purpose of la!er discussion in tha <flnnual reports. Racords will be kept mortality and other problems s1.1ch as ins~ct d<'iimage, weed inrfestatiOI'l, and soil foss. Quanlila!ive be performed using oneometer quadrats !hat will be placed randomly through each mitigation site. Placement of quadrats will be determined using random numbers tables to provide two coordinates one that lndice!es !he distance along a longitudinal centerline bisecting the each polygon and one !hal determines the distance from 111e line. Plots will be placed on allemallng sides of the centerline and perpendicular lo !he centerline. Vegetative cover wiil be visually estimalad within !he quadral for each species present !!!ld recorded on a data sheet Any species obseNed during the sampling thai does not fall within a quadrat will be recorded and included on !he list of species for the restoration site. At least 5 replicales site will be initially sampled. The mean native cover for each restoration site will be comparad !o the performance cmeria a! the <md of each of !he five years subject io monilol'ing All mitiga!io!1 planting is required !o have a 1 OO~perce11! suFI!ival rate the lirs! year, and 80~percent thereaftEJr, and/or shalf at!ain 75-percenl cover of native woody perennial species after 3 years and !l(lo!JercENit cover· of native woody perennial specieii! after five years. € Firs! Year Monitoring; The success criteria for !he planting shall be 40- percent cover by native woody percennials; • Second Year Monitoring: The success criteria lor iha planlir1gs shall SO" percent cover by native woody perennials; • Third Year monitoring: The sw:cess clileria for the plantings shall be 75· percent cover by native woody perennials; • Fourth Year Monitoring; The succe!is criteria for !he planting;; shall be 80~ percent cover by native woody perennials; o Fifth Year Monitoring: The success criteria for the pl<mlings shall be 90" percent cover by native I!I'Oody perenniafs; At !he compiEJ!ion of the monitoring period, non~native plants shall nat make·up more than 5% of the entire cover of the sites, no more than 5% of the sile shall consist of bare ground and !he sitEJ;; shall be free of invasive exotic pi!llli species. Mitigation, maintenance, and monitoring reports shall :>ubmillell to CDFG ummo "'"''"""~"" mainlenam:e monitoring p€lriod or a time ifle mitigH!ion !Jaen deemed physically and functionally scH~cessful the permitting agencies, Monitoring reports must be submit!ed within 60 days from the annualsprirtgH;ummer suNey. The spring surveyrr1us! occur dur·ing optimal growth conditions b~J.!waen March" August and !hue be submitted oo later then October 1 5u'. Monitoring reports shall include, bul no! be limited to, the folloll\4ng: a. Tille pages identifying !he regulatory permit numbers and !he period for which !he monitoring report is applicable: b. A lis! of names, titles, and companies of eli per:sonl& \f\lho prepared the oonlent of !he armual report and particlpaled in !he monitoring activities; c. Compiled data, summary , lllatisl:ics and graphs; d. Survival, %cover, and heigh! of both tree and shrub !lpecie!l; e. !~umber by species of plants replaced; f. !\i!elhod used to assess these parameters; g. Progress photographs taken from !he same point as baseline photographs; h. Maps identifying monitoring areas, transact locations, and planting zones; l. Detailed remedial ma,lntenanoe to be performed, Reports shall be subm illed to: Department of Fish and Game South Coast Region 31lll3 Ruffin Road Sam Diego, California !l2123 Alln: Lake and Streambed Al!eraticm Program Nolrfication #1600-20 12-0116-R5 Notifi!C<ttion Compl®l:ion If at the end of !he fi11e-year monitoring program the ensile and offsile locations, as identified here in, have achieved the performanca standards the City will "m·•mw no!ific<aticwl lo the !he final report documenting !he program success. At !hat !he City's responsibilily for re11egela!ion program will terminated.