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1999-1019_CALIF DEPT OF FISH & GAME_Agreement CALIFORNIA DEPARTMENT OF FISH AND GAME 4949 Viewridge San Diego,CA 92123 Notification No. 5-207-99 Pagel of 4 AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game,hereinafter called the Department, and the City of San Juan Capistrano,hereinafter called the Operator, is as follows: WHEREAS, pursuant to Division 2, Chapter 6 of the California Fish and Game Code,the Operator,on the 16th day of July, 1999 notified the Department that they intend to divert or obstruct the natural flow of,or change the bed,channel,or bank of,or use material from the streambed(s)of,the following water(s): San Juan Creek,Orange County, California, Township 8S Range 8W. WHEREAS, the Department(represented by Spencer Gilbert through a site visit on the 29th day of August, 1999)has determined that such operations may substantially adversely affect those existing fish and wildlife resources within San Juan Creek. THEREFORE,the Department hereby proposes measures to protect fish and wildlife resources during the Operator's work. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. If the Operator's work changes from that stated in the notification specified above,this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game.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, 5937,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. A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation,or assure the Department's concurrence with permits required from other agencies. This Agreement becomes effective the date of Department's signature and terminates 1/15/00 for project construction only. This Agreement shall remain in effect for that time necessary to satisfy the terms/conditions of this Agreement. • . Page 2 of 4 STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-207-99 1. The following provisions constitute the limit of activities agreed to and resolved by this Agreement. The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq. 2. The Operator proposes to alter the streambed to include stockpiling 21,000 cubic yards of soils onto an isolated tributary of San Juan Creek known as the Lower Rosan Ranch, located north of Stonehill Dr., south of Capistrano Valley Mobile Estates, west of the Southern California Regional Railroad Authority railroad tracks and eat of San Juan Creek in the City of San Juan Capistrano. The proposed activities would impact 1.19 acres of disturbed wetland and 0.12 acre of southern willow scrub on the 13.620-acre site. The City proposes to leave a 20-foot wide buffer along the northern property boundary in order to minimize noise impacts to the adjacent mobile home park. Prior stockpiling activities impacted 0.6 acre of jurisdictional wetlands. 3. The agreed work includes activities associated with No. 2 above. The project area is located in Orange County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator, and shall be implemented as proposed unless directed differently by this agreement. 4. The Operator shall not impact more than 13.62acres, all of which will be considered permanent impacts. 5. The Operator shall submit a Revegetation/Mitigation plan for Department review and approval prior to project initiation/impacts and within 60 days of signing this Streambed Alteration Agreement. The plan shall identify one or more specific, onsite habitat restoration areas and include enhancement of other identified areas for a minimum of 3.3 acres at 5:1 for permanent impacts; include a long-term maintenance provision; and include a plant palette. Revegetation shall use only native species. Mitigation would be in the form of removal of non-native vegetation and seeding and planting with native vegetation along San Juan Creek, Oso Creek and/or Trabuco Creek. All mitigation shall be installed within 90days of project impact and no later than 1/15/00. 6. The Operator shall not remove vegetation within the stream from March 15 to July 15 to avoid impacts to nesting birds. 7. No equipment shall be operated in ponded or flowing areas. 8. Disturbance or removal of vegetation shall not exceed the limits approved by the Department. The disturbed portions of any stream channel shall be restored. Restoration shall include the revegetation of stripped or exposed areas with vegetation native to the area. 9. Installation of bridges,culverts,or other structures shall be such that water flow is not impaired. Bottoms of temporary culverts shall be placed at stream channel grade;bottoms of permanent culverts shall be placed at or below stream channel grade. 10. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or other work trails to control erosion. 11. Water containing mud, silt or other pollutants from aggregate washing or other activities shall not be allowed to enter a lake or flowing stream or placed in locations that may be subjected to high storm flows. 12. Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. 13. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat. 14. Staging/storage areas for equipment and materials shall be located outside of the stream. 15. The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 16. If a stream's low flow channel,bed or banks/lake bed or banks have been altered, these shall be returned as nearly as possible to their original configuration and width,without creating future erosion problems. 17. All planting shall have a minimum of 80%survival the first year and 100%survival thereafter and/or shall attain 75% cover after 3 years and 90%cover after 5 years for the life of the project. If the survival and cover requirements have not been met,the Operator is responsible for replacement planting to achieve these requirements. Replacement plants shall be Page 3 of 4 • • monitored with the same survival and growth requirements for 5 years after planting. 18. All planting shall be done between October I and April 30 to take advantage of the winter rainy season. 19. An annual report shall be submitted to the Department by Jan. I of each year for 5 years after planting. This report shall include the survival,%cover,and height of both tree and shrub species.The number by species of plants replaced,an overview of the revegetation effort,and the method used to assess these parameters shall also be included. Photos from designated photo stations shall be included. 20. Access to the worksite shall be via existing roads and access ramps. 21. Spoil sites shall not be located within a stream/lake,where spoil shall be washed back into a stream/lake,or where it will cover aquatic or riparian vegetation. 22. Raw cement/concrete or washings thereof,asphalt,paint or other coating material,oil or other petroleum products, or any other substances which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the state. These materials,placed within or where they may enter a stream/lake,by Operator or any party working under contract,or with the permission of the Operator,shall be removed immediately. 23. No debris,soil,silt,sand, bark,slash, sawdust, rubbish,cement or concrete or washings thereof,oil or petroleum products or other organic or earthen material from any construction,or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into,waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake. 24. No equipment maintenance shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas under any flow. 25. The Operator shall provide a copy of this Agreement to all contractors,subcontractors,and the Operators project supervisors. Copies of the Agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel,or personnel from another agency upon demand. 26. The Department reserves the right to enter the project site at any time to ensure compliance with terms/conditions of this Agreement. 27. The Operator shall notify the Department, in writing, at least five(5)days prior to initiation of construction(project) activities and at least five(5)days prior to completion of construction(project)activities, Notification shall be sent to the Department at 4949 Viewridge, San Diego,CA 92123,Attn: ES. It is understood the Department has entered into this Streambed Alteration Agreement for purposes of establishing protective features for fish and wildlife. The decision to proceed with the project is the sole responsibility of the Operator, and is not required by this agreement. It is further agreed all liability and/or incurred cost related to or arising out of the Operator's project and the fish and wildlife protective conditions of this agreement,remain the sole responsibility of the Operator. The Operator agrees to hold harmless the State of California and the Department of Fish and Game against any related claim made by any party or parties for personal injury or any other damages. The Department reserves the right to suspend or cancel this Agreement for other reasons, including but not limited to the following: a. The Department determines that the information provided by the Operator in support of the Notification/Agreement is incomplete or inaccurate; b. The Department obtains new information that was not known to it in preparing the terms and conditions of the Agreement; c. The project or project activities as described in the Notification/Agreement have changed; d. The conditions affecting fish and wildlife resources change or the Department determines that project activities will result in a substantial adverse effect on the environment. Before any suspension or cancellation of the Agreement,the Department will notify the Operator in writing of the circumstances which the Department believes warrant suspension or cancellation. The Operator will have seven(7) working days from the date of receipt of this notification to respond in writing to the circumstances described in the Department's notification. During the seven (7)day response period,the Operator shall immediately cease any project activities which the Department specified in its notification. The Operator shall not continue the specified activities until that time when the Department notifies the Operator in writing that adequate methods and/or measures have been identified and agreed upon to mitigate or eliminate the significant adverse effect. Page 4 of 4 CONCURRENCE (Operator's name) San Juan Capistrano Cotmnunity California Dept. of Fish and Game Redev lopment Agency Spencer Gilbert (signat e) (date) Game Warden George Scarborough, Executive Director (title) 99