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1985-0621_CALIF DEPT OF FISH & GAME_Agreement-272 Notification N THP No. AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of of Fish and Game, hereinafter called the Department, of Gan Tuan CapState of California hereinafter called the operator, is as follows: istrano WHEREAS, pursuant to Division 2, Chapter 6 of California Fish and Game Code, the operator, on the21 —st day of June 19 8 5 , notified the Department that he intends to substantially divert or obstructthe natural flow of, or substantially change the bed, channel, or bank of, or use material from the streambed of, the following w ater: San Juan Capl strano in the County of Orange , State of California, S 12 T 8S R 8 WHEREAS, the Department (represented by Darryl Avila has made an ins t' of subject area on the 25th day of July 19 85 , and) has determined that such operations may substantially adversely affect existing fish and wildlife resources including: native and non—game ish and wildlife - THEREFORE the Department hereby proposes measures to protect fish and wildlife during the operator's work. The operator hereby agrees to accept the following recommendations as part of his work: Numbers 1 « 3 4 6 7 17 19 , 20, 21,22 from the list of recommendations on the back of this page and the following special recommendations: 1. All work in or near the stream or lake shall be confined to the period October 1 19 8 5 to April 1, 1987 Ar9Aitinnal rEsttriatiOnS I+ * in attachment "A" shall apply to this The operator, as designated by the signature on this agreement, shall be responsible for the execution of all elements of this agreement. A copy of this agreement must be provided to contractors and subcontractors and must be in their possession at the work site. If the operator's work changes from that stated in the notification specified above, this agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this agreement and with other' pertinent Code Sections, including but not limited to Fish and Game Code Sections 5650, 5652 and 5948, may result in prosecution. Nothing in this agreement authorizes the operator to trespass on any land or property, nor does it relieve the operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. This agreement does not constitute or imply the issuance of a water right. A consummated agreement does not necessarily constitute Department of Fish and Game endorsement of the proposed opera- tion, or assure the Department's concurrence with permits required from other agencies. Date of operator's This agreement becomes effective on , Operator W" ' ' .3. " i-Rer=— =9 Title Qo. O% Pt/Aoc Ywede Organization S^'� Tri GaP Date elf inspection was not made, eras out words within parentheses. Title Fish and Game Warden Department of Fish and Game, State of California Date August 5, 1985 mlwjli�) " Wal RECOMMENDATIONS 1. Disturbance or removal of Ncoetation shall not exceed sary to construct barriers or fills. If work in the lake the minimum necessary to complete operations. The lake mar- is unavoidahlq a curtain enclosure to prevent siltation of the lake beyond the immediate working arca shall disturbed portions of any stream channel or within the high water mark of the stream or lake be installed. The enclosure and any supportive material gin shall be restored to as near their original condition as , shall he removed when the work is completed, possible. " 11. Silt settling basins shall be located away from the stream ?. Restoration shall include the I'e3egetntion of stripped, " ` -or lake to prevent discolored, silt -bearing water from or exposed areas. -reaching the stream or •lake. •" 3. Rock, riprap, or other erosion -protection shall be placed l5 Prepparation shall Ue male so that runoff fromsteep, in rheas where vegetation cannot reasonably be expected erddiUle surfaces tcill'be'divtrted'into stable areas with to become reestablished. little erosion potential. Frequent water checks shall be placed on dirt mads, cat, tracks, or other work trails to 4. Installation of bridges, cubcrts, or other structures shall ,control erosion I ie -such that water flow is not impaired and upstream' -fish times:.- ' Y8. Wash water containing mud or silt',from aggregate wash- or downstream passage of is assured at all Bnttnm} of temporary culverts shall be placed at or ing or other operations shall not be allowed to enter a below stream channel grade. Bottoms of permanent, lake or, flowing streams. .,. culverts shall be, placed below stream channel..gracic_,., ^17`t -a) A•silt catchment, basifr shall .be constructed across 5. Plans for design of concrete sills and other features the stream immediately below the project site. This that could -potentially impede fish migrations must be -- - catchment basin shall -b constructed of gravel which approved -by Department -engineers. __. is free from mud -or silt. b )_LLpotr rnmpletipn of the project and.after all flowing 6. Chen any duce ('any artificial obstruction) is beYne water in the area is clear of turbidih, the graycl along constructed, maintained, or -placed in uperation, su{fi- with the tr tpped sediment shall be- removed from the . cient water shall -at -all times be, allowed to pass, down, - --- -'stream` - - --- strean to maintain fishlife.belnw.the dam. ?, An adequate fish passage facility must be incorporated - 1S. If operations require moving of equipment across a ' flowing stream, such operations shall be conducted into any barrier that -obstructs fish passage.-- vk ifhout' subsf ntinlhr-increasino stream turbidit . For S. Arty temporary dYiu-'(any artificial obstruction) con- - '- repeated crossings, the -operator shall install a bridge, structed shall onli. be built from material such as clean culvert; or rock_fill crossing ars specified -in comments gravel hirl.-will cause -little or no siltation .. _ w . below-- ._.._ _ _.......-. .._ _.. ._ -. . 9. No equilimoit dill -be operated in lice stream channels lq.- If it stream channel has-been altered during the opera- __ _ tions, its low flow channel shall be returned- as nearly 10. Equipment shall not be operated in the stream channels •ts possible_to its natural,late• without creating a possible of flowing lige except as may be necessary to ititure bank erosion problem, or a flat wide channel or .streams construct crossings or barriers and fills at channel sluice-Iike area. If a lake margin has been altered, it changes, shall be ieturned as nearly as possible to its natural 11. When work in a flowing stream is unavoidable, the state without creating it future bank erosion problem. T,he gradient, of_.the streambed or lake margin shall be entire strenmflow shall be diverted arounth'the-'tyork as nearly as possible the.same gradient as existed prior area by a barrier, tempuras culvert,'and/or a new to disturbance. channel capable of permitting upstream and down stream fish movement. Construction of the barrier 20. Structures' and associated materials not designed to and/or the neva channel shall. normal]}__begin in the withstand high seasonal fiovys shall be removed to areae dovynstream area and continue in an upstream diree- above the high water mark before such flows occur. tion, and the flow shrill be diverted only when con= 01- No debris, soil sand, bark, slash, sawdust, rub- stnrction of the diversion - is completed,, Channel hank -silt, bish, cement 'or- concrete orthereof, oil of or harrier construction shall be adequate to prevent .washings petroleum products or Other organic or earthen material seepage into or, firm the work area. Channel banks or from ;ifi) logging construction, or associated activity g' barriers shall not be macre of earth or other substances "r of whatever native shall lie allowed to enter into or subject to erosion finless first enclosed by sheet piling, placed where it may be gashed by rainfall or runoff ock riprap, or other protective material. The enclosure into. waters of the State. Mien operations are cont - and the 'supportive material shall he removed when .. �, pleted, any, excess, materials or debris shall be removed the .work is completed and -the removal shall normally from the work area. No rubbish shall he deposited -- proceed from downstream .in an upstream direction. within 150 feet of the high water mark of any stream 12. Temporary fills shall he constructed of nonerodible or lake. material, and shall lie removed immediately upon work 22 The operator Neill notify the Department of Fish and completion. Game of the date of commencement of operations and 10. Equiprnernt .shall not be operated in the lake or its the date of completionofoperations at least fire days margin except during excavation and as maybe neces- prior to such completion. State of California A"CI31OT "A^ Memorandum TO City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California From a Depart,nem of fish and Game Subject: Streambed Alteration Permit V-85-272: San Juan Creek M The Resources Agency Dare: August 5, 1985 In addition to the Department's requirements listed on the standard aggreement, the following requirements are included: 1. As discussed during our July 239 1985 meeting, a grade stabilizer will be necessary to protect bed scouring. Placement of the stabilizer will be such that upstream and downstream migration of fish will not be impeded. If such a barrier develops, during construction or after the projects completion, as determined by the Department of Fish and Game, the Applicant will be required to return the affected part of the channel to its natural grade, immediately. 2. During construction, it will be necessary to divert the stream. When it becomes necessary to change diversion locations, the Applicant will use whatever measures are necessary to insure that no fish species will be lost. The Department shall be notified at least 72 hours in advance of any diversion change. 3. If during any phase of the project's life, the Department determines that the project is having, or will have a detrimental effect on the aquatic resource, construction will be stopped until the applicant can correct the situation. Applicant�� Department of Fish and Gam "KJ Title ' Title Address 3 =SSI 1%F j Ii%ssa SAJ XVV4w+ C./L/, /7ctawa c4w... 4 ZG 3'