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13-0115_HANSON, RONALD_Site Access License SITE ACCESS LICENSE This Site Access License is entered into this } day of 14tCm2013, 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 "B". 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 described in full detail in the attached Streambed Alteration Agreement Notification No. 1600-2012-0116-R5 attached as Exhibit "C" and the HMMP for the Arizona Crossing at City of San Juan Capistrano's Reata Park attached as Exhibit "D" (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 - l - 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) svcamoreAcox.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 (, (( y By: Q X� `x`=-04 d Ronald B. Hanson, Owner APPROVED BY: LICENSEE City of San Juan Capistrano By: John Taylor, Mayor APPROVEaATO FORM: By: Ha s Van ig en City Attorney ATTEST: ! ,^ By: IUI J,/f Maria Mjo6V, City Clerk - 3 - �i r«:r alY'd!foey'Y. a, -rF 380 it CityGIS Copyright 02006 AN Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. EXHIBIT A http://maps.digitalmapcentral.com/production/citygis/v07_03_001/index.p7.aspx 1/8/2013 �• IN W .R g r � T � r - e x y�y✓ ' ,3 a Nr Arun d S r 1 r Zxry F 0. n 4 r v `a • • Removal ♦ - (2,000 Sq • - & Longitude Points 0 75 150 m ,wuvw�.Ga n4cl16V EDMUND G BROWN Jr Governo DE � PARTMENT OF FISH AND GAME CHARLTONCHARLTONH. BONHAM,Director p- South Coast Region z, 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: 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. If you have any questions regarding this matter, please contact Kevin Hupf, Environmental Scientist at (13 .467-4223 or khupf@dfg.ca.gov. Sincerely, Stephen J arez / Environmental Program Manager Conserving California's WildCfe Since 1870 EXHIBIT C -I m G BROWN Jr Governor DEPARTMENT OF FISH AND GAME CHARLTON H. BONHAM,Director South Coast Region 3883 Ruffin Road San Diego, California 92123 www. 4 .ca.go1 UTILITY DEPARTMENT www.dfg.ca.gov October 31, 2012 CITY OF Mr. William Curry SAN,iuAN CAWSTRANO City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Streambed Alteration Agreement 1600-2012-0116-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. Sincerely, Kevin Hupf Environmental Scientist Conserving California's Wi0ffe Since 1870 CALIFORNIA DEPARTMENT OF FISH AND GAME SOUTH COAST REGION ` 3883 RUFFIN ROAD SAN DIEGO, CALIFORNIA 92123 1 STREAMBED ALTERATION AGREEMENT NOTIFICATION No. 1600-2012-0116-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 DESCRIPTION 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 #1600-2012-0116-R5 Streambed Alteration Agreement Page 2 of 15 and debris from the existing culverts with the use of a vacuum truck located outside of the stream. The project also includes the installation of one additional 24-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 the project could substantially adversely affect include: FISH — arroyo chub (Gila orcuttii); AMPHIBIANS — arroyo toad (Bufo califomicus); REPTILES — orange-throated whiptail (Asidoscelis hyperythra beldingr), two striped garter snake (Thamnophis hammondii); BIRDS —Anna's hummingbird (Catypte anna), lesser goldfinch (Carduelis psaltria), house finch (Carpodacus mexicanus), wrentit (Chamaea fasciata), killdeer (Charadrius vociferus), yellow warbler (Dendroica petechia brewsten), cliff swallow (Hirundo pyrrhonota), barn swallow (Hirundo rustica), black phoebe (Sayornis nigricans), Allen's hummingbird (Selasphorus sesin); PLANTS — Coulter's Saltbush (Atriplex coulten), coyote bush (Baccharis pilularis), Fremont cottonwood (Populus fremontii ssp. fremontil), 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' 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 WILDLIFE RESOURCES 1. Administrative Measures Permittee shall meet each administrative requirement described below. 1 .1 Documentation at Proiect.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 #1600-2012-0116-R5 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. 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 natjfy 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 shall contact Permittee to resolve any conflict. 1.4 Project Site Entry. 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 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 Program — SAA # 1600-2012-0116-R5. 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 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 0.119 acres of habitat subject to FGC section 1602 permitting requirements associated with the Arizona Crossing at Reata Park. Notification #1600-2012-0116-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 that 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 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 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, a 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 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 the proposed activity, terrain, existing level of human activity within the buffer and in the surrounding area) warrant a reduced buffer. 2.6 Arroyo Chub Avoidance. Arroyo chub (Gila orcutfir) 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 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 to the migration and survival of this species. Notification #1600-2012-0116-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 at 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) dolmay 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. Fill and Spoil 2.10 Fill Dimensions. Fill length, width, and height dimensions shall not 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 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. 2.12 Displaced Material. It is the responsibility of the Permittee to remove ail 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. If any of the existing concrete is washed downstream as a result Notification #1600-2012-0116-R5 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 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 temporary they shall be removed immediately upon completion. Structures 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 the culverts remain in the stream. This shall be accomplished with all other terms and measures of this Agreement. Temporary Diversions 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 shall 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 support 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 #1600-2012-0116-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 the water clears prior to flowing back into the stream. Erosion, Turbidity, 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 the term of this 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 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. Pollution, Litter, and Clean-!gyp 2.27 Equipment 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. All fuel or hazardous waste leaks, spills, or releases shall Notification #1600-2012-0116-R5 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 Eauipment Maintenance and Fueling. 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 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 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 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 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 upon completion of construction. Stripped or exposed areas shall be revegetated with native species appropriate to local conditions. Notification #1600-2012-0116-R5 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 that 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 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 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, 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. 4. Reporting Measures Permittee shall meet each reporting requirement described below. 4.1 Nesting Bird Surveys. The Permittee shall submit the results of focused surveys associated with measures: 2.5; to DFG in the form of a written report via e-mail to RSLSACompliance@dfg.ca.gov prior to any project impacts. Notification #1600-2012-0116-R5 Streambed Alteration Agreement Page 10 of 15 4.2 Annual Mitigation, Maintenance And Monitoring Reports. Mitigation, maintenance, and monitoring reports shall 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 survey. The spring survey must occur during optimal growing conditions between March — August and thus must be submitted no later than October 15«'. 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 performed. 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 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 from the work area. Diversion berms shall be constructed of coffer dams, inflatable dams, sand bags, or other approved materials. Channel banks or barriers shall 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 A�itigation and Monitoring Plan (HMMP) for DFG review prior to initiating project Notification #1600-2012-0116-R5 Streambed Alteration 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 (j) 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 Permittee or DFG submits to the other shall be in writing and any communication or documentation shall be delivered to the 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-R5 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 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 behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with 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 to 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 in the 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 any 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 #1600-2012-0116-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 mutuallyagreed to in writing b DFG and Permittee. To request an 9 9 Y q 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 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 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 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 extension 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 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, § 1605, subd. 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 #1600-2012-0116-R5 Streambed Alteration Agreement Page 14 of 15 applicable FGC section 711.4 filing fee listed at http://ivww.dfg.ca.gov/habcon/ceqa/ceqa—changes,htmi. 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. AUTHORIZATION This Agreement authorizes only the project described herein. if Permittee begins or completes a project different from the 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-R5 Streambed Alteration Agreement Page 15 of 15 CONCURRENCE The undersigned accepts and agrees to comply with all provisions contained herein, FOR CITY.OF SAN JUAN CAPISTRANO Date Title: FOR 64PART, �T Q F 11 'ND GAME Ste n Nt. Juarez Date Environmental Progra anager Prepared October 20, 2012 by Kevin Hupf, Environmental Scientist 1K 4 0 I 'V! ;W, W IroJ i I yw,' Of, cv 'MV t .1j it, Contents SECTION I. Executive Summary............................................................9 SECTION 11. Description of Proposed ProjecUlmpact Site 2.A Responsible Parties.,............. ........................................ ......_2 2.13 Project Location............ ..........__....... ......_........._2 2.0 Brief Summary of Project..........................................................2 2.D Sensitive Habitats/Species.......................................................3 SECTION Ill. MITIGATION OBJECTIVES 3.A Onsite Mitigation.....................................................................4 3.13 Offsite Mitigation.....................................................................4 SECTION IV. MITIGATION WORK PLAN 4.A Mitigation Schedule...................................................................4 4.B Restoration Contractor............................................................_5 4.0 Site Preparation......................................................................5 4.1) Plant Palettes............... ....... ....... ........... ..._..................5 4.E Live-Stake Planting Method....................................... ...............6 4.F Giant Cane Removal Method....................................................7 SECTION V. MAINTENANCE ACTIVITES DURING MONITORING PERIOD 5.A Crossing Maintenance.............................................................7 5.B Giant Cane Treatment.............................................................8 Section Vi. MONITORING PLAN FOR THE COMPENSATORY MITIGATION SITE 6.A Vegetation Monitoring Program............ ......................................8 I 6.6 Qualitative Monitoring...... ............................................. ...........8 6.0 Quantitative Monitoring—... ................. ........... ..................... 6.1) Performance Standards...........................................................9 6.E Annual Monitoring Reports.......................................................9 SECTION VII. COMPLETION OF COMPENSATORY MITIGATION 7.A Not cation 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 the Ortega Highway Bridge at Antonio Parkway within the City of San Juan Capistrano. This crossing dates back to pre-1970 according to Orange County Flood photos, 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 the facility have enjoyed the 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 without entering the streambed. During the 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 the crossing by cleaning debris and sediment from the culverts using a vacuum truck located outside of the stream. The Project also 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 noted the California Department of Fish and Game (CDFG)of their intended Project and has been authorized to perform the necessary work, Impacting no more than 0.119 acre of CDFG jurisdiction pursuant to Section 1602 of the Fish and Game Code Streambed Alteration Agreement Notification Number 1600-2012-01169- R5 (SAA). The City has agreed to carry out the Project in compliance with habitat protection and mitigation measures outlined in the 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 onsite within the work area, and the removal of 2000 square feet of giant cane (Arundo donax)affsite, and a five-year maintenance, monitoring, and reporting program to follow mitigation implementation. 3 11. DESCRIPTION OF PROPOSED PROJECT/IMPACT SITE A. Responsible Parties Permittee: City of San Juan Capistrano Contact: William Curry Telephone: (949)487-4307 Project Biologist: Glenn Lukos Associates Contact: Jeff Ahrens Telephone: (949)837-0404 B. Project Location The Project is located in the City 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 the 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 Y4 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 out of the 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 that 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 the use of a tractor that will reach into the stream using a claim shell type attachment to grab the rock and lift it out of the streambed. At 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 surface. Workers will work with the tractor and a contracted biologist to be certain that the 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 the 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; the City has added an additional 780 4 square feet for contingency purposes for the total area of impact at 2,000 square feet, 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 the edge of the stream. This additional culvert 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 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 proposed additional pipe and the surface of the crossing will be restored to its pre-storm elevation. D. Sensitive Habitats/Species In April of 2011, in preparing to perform repair and maintenance work on the crossing, the City contracted with Glenn Lukos Associates (GLA)to perform several habitat surveys of the Project area. Surveys were conducted for the federally-listed endangered southwestern willow flycatcher(Emp/donax tra//iii extlmus), arroyo toad (Anaxyrus cal/fomicus), and the western yellow-billed cuckoo (Coccyzus americanus occidentalis)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-feet upstream and 500-feet downstream of the Project area. Results from the surveys detailed that the southwestern willow flycatcher, the arroyo toad and the western yellow-billed cuckoo were not detected by within the Project site or the larger survey area. Additionally, no other endangered or threatened species were detected within the Project site or survey Area. The survey noted the fallowing list of species within or near the Project area: • Yellow warbler(Dendroice petechia!) • White tailed kite(Elanus/aucurus) • Arroyo chub(Gila orcuttli) • Brown-headed cowbird (Molothrus ater), only one individual of this species was encountered. Ill. MITIGATION OBJECTIVES This HMMP describes required mitigation measures set forth by the CDFG which Include revegetation of riparian habitat onsite within the work area at the crossing, and the removal of 2000 square feet of giant cane offsite within Trabuco Creek, and a five- 5 year maintenance, monitoring, and reporting program to follow mitigation implementation. A. Onsite Mitigation The proposed repairs at the crossing will require the 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 the planting of willow trees within the work area in the northern bank of San Juan Creek. B. Offsite Mitigation The proposed offsite location is located within Trabuco Creek adjacent to an ongoing City of San Juan Capistrano mitigation project site known as the 2C Ranch Restoration Project[Exhibit 51. 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 offsite mitigation will join up to the southern boundary of the 2C Ranch Project. This will keep the area upstream of the proposed offsite mitigation free of giant cane that 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 26282 Oso Road, San Juan Capistrano, CA. 92675 (longitude 33.514136, latitude -117.672216). The property is privately owned with the owner operating Sycamore Trails Stables equestrian center at this location. The City has met with the owner, Mr. Ronald B. Hanson, and has developed an agreement for the 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 permit. Offsite mitigation entails the removal of 2000 square feet of giant cane and planting of willow trees within the removal area to stimulate reestablishment of riparian habitat in the offsite location within Trabuco Creek. IV. MITIGATION WORK PIAN A. Mitigation Schedule Onsite 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 Restriction for Giant Cane Removal Giant cane removal for mitigation purposes shall take piece outside of February 1 through August 31 to minimize indirect effects on nesting birds. B. Restoration Contractor Restoration and maintenance shall be performed by a qualified landscape contractor with a minimum of five years of experience in riparian restoration projects that is onsite during the cutting and herbicide application. The landscape contractor will be required to demonstrate experience in this field to the Project Biologist prior to contracting with the Applicant. The Contractor also shall possess C27 and Pest Control Advisor(PCA) licenses. C. Site Preparation The limits of work areas will be flagged before the start of work at the agreed upon location identified in attached Exhibit 5. D. Plant Palettes Onsite Plant Palette A total of 7 cuttings will be planted at the onsite portion of mitigation: On the bank Immediately west of the access trail, 2 arroyo willows(Salix laslolepis)and 1 Black willow(Salixgooddingii) will be installed. On the 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 trail. The method and procedure for this work is noted in Section ME. below. Botanical Name Common Name Quantiti Sax lasiole is Arroyo willow 4 Salix gooddingil Black willow 3 Total 7 Offsite Plant Palette A total of 100 cuttings will be planted at the offsite portion of mitigation. The planting at the offsite location will be the live-staking of focal cuttings planted on 5 foot centers using the following palette: Botanical Name Common Name QuantibF Salix lasiole is Arroyo willow 25 Salix ooddin ii Black willow 25 Baccharis saficifolia Mulefat 50 7 Total 1100 E. Live-Stake Planting Method Live-staking is a revegetation method that is beneficial for keeping the site-speck 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, the cutting and replanting occurs during the dormant season, and proper conditions exist onsite that will ensure survival of the cuttings. The proposed onsite and offsite mitigation sites exhibit appropriate conditions for the survival of the willow cuttings. The followine conditions must exist for maximum viability usina the live-stake method: • The donor willows must be mature enough (2-4 years old) to supply branches measuring Y:-1 inch in diameter and at least 6 feet in length. • The cutting and replanting should be conducted in the cooler months during willow dormancy, between November and February, with all work completed before February 1. • The water table must be within 6-8 feet from the surface with relatively little fluctuation throughout the growing season. • The soils in the replanting area must be similar to the soils where the donor plant was growing. Steps for Successful Live Stakina: • Cut branches during the dormant season between November and February. • Select cuttings from healthy trees. Select the longest, straightest branches available. • Select branches that are Y2-1 inch thick and 6-8 feet long. • Prepare cutting by trimming off the top (terminal bud). Prune lateral stems to allow most of the energy to be spent on root development. • Cut the top straight across and the bottom at an angle to 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 1-inch diameter, 6-foot bits to prepare planting hole. • Plant branches such that at least Y2 to W of the cutting is below ground and as Gose as possible to the water table. Plant poles 1-2 feet apart to enhance overall survival. 8 • Pack soil around cutting tightly to avoid air bubbles. Fill planting hole with water and additional soil to create a slurry of mud to ensure removal of air pockets. • if necessary, install tree guards around cuttings to protect from herbivores. F. Giant Cane Removal Method The giant cane shall be treated according the SAA Condition 2.33, by cutting the stalks at a height of six inches or less above the ground and painting with a herbicide approved for aquatic use within five minutes of the cutting. Any and all arundo materials shall be removed from the site and properly disposed of in an approved landfill. The offsite mitigation location and stream bed shall be protect so as to not allow any cuttings, shavings, and/or plant parts to enter thereupon. No removal work will be performed during rain events. V. MAINTENANCE ACTIVITIES DURING THE MONITORING PERIOD A. Crossing Maintenance The City's annual maintenance program for the Arizona Crossing will include following: • Monitoringand restricting the traffic using the crossing to pedestrian, equestrian, 9 9 9 P q ^ bicycle, electric carts and necessary maintenance vehicles and equipment. • Ongoing repair and maintenance of the crossing's access trail, its surface and 0° removal of trash or foreign matter that is not part of the area's natural environment. ut • Clearing non-native 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 the 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 that 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 the clearing of debris and sediments that have been deposited inside the culverts to allow for undisturbed stream flows. 9 All work on the crossing slopes or within the culverts will transpire outside of the 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 the 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 tally 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 shall be monitored on the same schedule. In order to ensure the successful establishment of the sites the monitoring is scheduled for five years or until the five-year success criteria have been met and confirmed by CDFG: a. Qualitative Monitoring The 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. Qualitative surveys, consisting of a general site walkover and habitat characterization, will be completed during each monitoring visit. General observations, such as fitness and health of the planted species, pest problems,weed establishment, mortality, and drought stress, will be noted in each site walkover. The Project Biologist will also note observations on wildlife use and native plant 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 loss. 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 the distance from the line. Plots will be placed on alternating sides of the centerline and perpendicular to 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 for the restoration site. At least 5 replicates site will be initially sampled. The mean native cover for each restoration site will be compared to the performance criteria at the end of each of the five years subject to monitoring C. Performance Standards All mitigation planting is required to have a 100-percent survival rate the first year, and 80-percent thereafter, and/or shall attain 75-percent 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 success criteria for the planting shall be 40- percent cover by native woody perennials; • Second Year Monitoring: The success criteria for the plantings shall 60. percent cover by native woody perennials; • Third Year monitoring: The success criteria for the plantings shall be 75- percent cover by native woody perennials; • Fourth Year Monitoring: The success criteria for the plantings shall be 80- percent cover by native woody perennials; • Fifth Year Monitoring: The success criteria for the plantings shall be 90- percent cover by native woody perennials; • At 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 the site shall consist of bare ground and the sites shall be free of invasive exotic plant species. D. Annual Monitoring Reports Mitigation, maintenance, and monitoring reports shall be submitted to CDFG during the five-year maintenance and monitoring period or until such a time that the 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 survey. The spring survey must occur during optimal growth conditions between March- I1 August and thus be submitted no later than October 15"'. Monitoring reports shall include, but not be limited to, the following: a. Title pages identifying the regulatory 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 the 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 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 Notification#1800-2012-0118-R5 VII. COMPLETION OF COMPENSATORY MITIGATION A. Notification of Completion If at the end of the five-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 3 U 1/15/2013 D14 City of San Juan Capistrano Agenda ort TO: Karen P. Brust, City �a FROM: Keith Van Der Maaten, Uti iti s Directc�In Prepared by: Justin Kirk, Senior Managem nt Analyst DATE: January 15, 2013 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 Page 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 EDMUND G BROWN Jr Govemar DEPARTMENT OF FISH AND GAME CHARLTON H,BONHAM,Director South Coast Region 3883 Ruffin Road San Diego, CA 92123 (858)4674201 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: 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. If you have any questions regarding this matter, please contact Kevin Hupf, Environmental Scientist at (8 467-4223 or khupf@dfg.ca.gov. Sincerely, Stephen arez Environmental Program Manager Conserving California's Wi(drife Since 1870 Attachment 1 California Natural Resources Agency EDMUND G BROWN.Jr Govemor DEPARTMENT OF FISH AND GAME CHARLTON H.BONHAM,Director South Coast Region 3883 Ruffin Road San Diego, California 92123 www. 467-4201 UTILITY DEPARTMENT vrww.dfg.ca.gov NOV 5 2012 October 31, 2012 CITY OF Mr. William Curry SAN JUAN CAPISTRANO City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Streambed Alteration Agreement 1600-2012-0116-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. Sincerely, Kevin Hupf Environmental Scientist Conserving California's 'Wifdfi.fe Since 1870 CALIFORNIA DEPARTMENT OF FISH AND GAME SOUTH COAST REGION 6. j 3883 RUFFIN ROAD SAN DIEGO, CALIFORNIA 92123 J STREAMBED ALTERATION AGREEMENT NOTIFICATION No, 1600-2012-0116-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 DESCRIPTION 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 #1600-2012-0116-R5 Streambed Alteration Agreement Page 2 of 15 and debris from the existing culverts with the use of a vacuum truck located outside of the stream. The project also includes the installation of one additional 24-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 the project could substantially adversely affect include: FISH - arroyo chub (Gila orcutth); AMPHIBIANS - arroyo toad (Bufo californicus); REPTILES - orange-throated whiptail (Asidoscelis hyperythra beldingi), two striped garter snake (Thamnophis hammondit); BIRDS -Anna's hummingbird (Calypte anna), lesser goldfinch (Carduelis psaltria), house finch (Carpodacus mexicanus), wrentit (Chamaea fasciata), killdeer (Charadrius vociferus), yellow warbler (Dendroica petechia brewsteri), cliff swallow (Hirundo pyrrhonota), barn swallow (Hirundo rustica), black phoebe (Sayornis nigricans), Allen's hummingbird (Selasphorus sasin); PLANTS - Coulter's Saltbush (Atriplex coulten), coyote bush (Baccharis pilularis), Fremont cottonwood (Populus fremontii ssp. fremonth), 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' 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 WILDLIFE RESOURCES 1. Administrative Measures Permittee shall meet each administrative requirement described below. 1.1 Documentation at Proiect.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 #1600-2012-0116-R5 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. 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, state, or federal agency. In that event, DFG shall contact Permittee to resolve any conflict. 1.4 Project Site Entro. 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 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 Program — SAA # 1600-2012-0116-R5. 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 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.) andlor 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 0.119 acres of habitat subject to FGC section 1602 permitting requirements associated with the Arizona Crossing at Reata Park. Notification #1600-2012-0116-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 that 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 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 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, a 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 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 the proposed activity, terrain, existing level of human activity within the buffer and in the surrounding area) warrant a reduced buffer. 2.6 Arroyo Chub Avoidance. Arroyo chub (Gila orcuttir) 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 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 to the migration and survival of this species. Notification #1600-2012-0116-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 Aguatic Life. When any dam or other artificial obstruction is being constructed, maintained, or placed in operation, Permittee shall allow sufficient water at 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 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. Fill and Spoil 2.10 Fill Dimensions. Fill length, width, and height dimensions shall not 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 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. 2.12 Displaced Material. It 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. If any of the existing concrete is washed downstream as a result Notification #1600-2012-0116-R5 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 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 temporary they shall be removed immediately upon completion. Structures 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 the culverts remain in the stream. This shall be accomplished with all 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 shall be provided during all times that the natural flow would have supported aquatic fife. Said flows shall be sufficient quality and quantity, and of appropriate temperature to support 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 #1600-2012-0116-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 the water clears prior to flowing back into the stream. Erosion. Turbidity, 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 the term of this 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 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 turbiditylsiltation, shall be hatted until effective DFG approved control devices are installed, or abatement procedures are initiated. Pollution. Litter, and Clean-U 2.27 Equipment 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. All fuel or hazardous waste leaks, spills, or releases shall Notification ##1600-2012-0116-R5 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 Fueling. 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 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 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 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 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 upon completion of construction. Stripped or exposed areas shall be revegetated with native species appropriate to local conditions. Notification #1600-2012-0116-R5 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 that 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 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 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, 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. 4. Reporting Measures Permittee shall meet each reporting requirement described below. 4.1 Nesting Bird Surveys, The Permittee shall submit the results of focused surveys associated with measures: 2.5; to DFG in the form of a written report via e-mail to RSLSACompliance@dfg.ca.gov prior to any project impacts. Notification #1600-2012-0116-R5 Streambed Alteration Agreement Page 10 of 15 4.2 Annual Mitigation, Maintenance And Monitoring Reports. Mitigation, maintenance, and monitoring reports shall 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 survey. The spring survey must occur during optimal growing conditions between March — August and thus must be submitted no later than October 15"'. 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 performed. 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 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 from the work area. Diversion berms shall be constructed of coffer dams, inflatable dams, sand bags, or other approved materials. Channel banks or barriers shall 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 Monitoring Plan (HMMP) for DFG review prior to initiating project Notification #1600-2012-0116-R5 Streambed Alteration 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 criteria. The Permittee shall 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 the 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-R5 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 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 behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with 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 to 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 in the 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 any 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 41600-2012-0116-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., tit. 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 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 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 extension 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 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, § 1605, subd. 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 #1600-2012-0116-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.htmi. 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(x)(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. AUTHORIZATION This Agreement authorizes only the project described herein. If Permittee begins or completes a project different from the 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-R5 Streambed Alteration Agreement Page 15 of 15 CONCURRENCE The undersigned accepts and agrees to comply with all provisions contained herein. FOR CITY.OF SAN JUAN CAPIISTRANO h/ Date Date Title: FOR )iPARTM NT O H qND GAME Ste n M. Juarez / Date Environmental Prograrfi anager Prepared October 20, 2012 by Kevin Hupf, Environmental Scientist :r• rd rttF' w t i' J :y y , n ryy�+b ;- ,l,Srl\.' 'jT Y w � f k � a (5 i .� "♦ it 4 rq ITA h * Y ey t e A•,� Y j t ♦ 11 k Z ' Contents SECTIONI. Executive Summary............................................................1 SECTION II. Description of Proposed Projectllmpact Site 2.A Responsible Parties.................................................................2 23 Project Location......................................................................2 2.0 Brief Summary of Project..........................................................2 2.1) Sensitive Habitats/Species.......................................................3 SECTION 111. MITIGATION OBJECTIVES 3.A Onsite Mitigation.....................................................................4 3.B Offsite Mitigation.....................................................................4 SECTION IV. MITIGATION WORK PLAN 4.A Mitigation Schedule...................................................................4 4.13 Restoration Contractor..............................................................5 4.0 Site Preparation......................................................................5 4.1) Plant Palettes........................................................................5 4.E Live-Stake Planting Method....................................... ...............6 4.F Giant Cane Removal Method....................................................7 SECTION V. MAINTENANCE ACTIVITES DURING MONITORING PERIOD 5.A Crossing Maintenance.............................................................7 5.13 Giant Cane Treatment.............................................................8 Section VI. MONITORING PLAN FOR THE COMPENSATORY MITIGATION SITE 6.A Vegetation Monitoring Program............ ......................................8 1 6.6 Qualitative Monitoring..............................................................8 6.0 Quantitative Monitoring............................................................8 6.13 Performance Standards...........................................................9 6.E Annual Monitoring Reports.......................................................9 SECTION 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 Resta Park (crossing)that traverses San Juan Creek at approximately''Y4 mile downstream of the Ortega Highway Bridge at Antonio Parkway within the City of San Juan Capistrano. This crossing dates back to pre-1970 according to Orange County Flood photos, 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 the facility have enjoyed the 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 without entering the streambed. During the winter storrn 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 the crossing by cleaning debris and sediment from the culverts using a vacuum truck located outside of the stream. The Project also 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 noted the California Department of Fish and Game (CDFG)of their intended Project and has been authorized to perform the necessary work, impacting no more than 0.119 acre of CDFG jurisdiction pursuant to Section 1602 of the Fish and Game Code Streambed Alteration Agreement Notification Number 1600-2012-01169- R5 (SAA). The City has agreed to carry out the Project in compliance with habitat protection and mitigation measures outlined in the 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 onsite within the work area, and the removal of 2000 square feet of giant cane (Arundo donax)offsite, and a five-year maintenance, monitoring, and reporting program to follow mitigation implementation. 3 II. DESCRIPTION OF PROPOSED PROJECT/IMPACT SITE A. Responsible Parties Permittee: City of San Juan Capistrano Contact: William Curry Telephone: (949)487-4307 Project Biologist: Glenn Lukos Associates Contact: Jeff Ahrens Telephone: (949)837-0404 B. Project Location The Project is located in the City 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 19821 in Section 32, Township 7 South, Range 7 West. The Universal Transverse Mercator(UTM)coordinates approximately corresponding to the 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 V4 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 out of the 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 that 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 the use of a tractor that will reach Into the stream using a claim shelf type attachment to grab the rock and lift it out of the streambed. At 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 surface. Workers will work with the tractor and a contracted biologist to be certain that the streambed in not impacted. The materials removed from the stream along with additional rock from a focal quarry will be placed back on the sides of the earthen banks of the 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; the City has added an additional 780 4 square feet for contingency purposes for the total area of impact at 2,000 square feet, 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 the edge of the stream. This additional culvert 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 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 proposed additional pipe and the surface of the crossing will be restored to its pre-storm elevation. D. Sensitive Habitats/Species In April of 2011, in preparing to perform repair and maintenance work on the crossing, the City contracted with Glenn Lukos Associates (GLA)to perform several habitat surveys of the Project area. Surveys were conducted for the federally-listed endangered southwestern willow flycatcher(Empidonax treiilii ext/mus), arroyo toad (Anaxyrus caNfomicus), and the western yellow-billed cuckoo (Coccyzus americanus occidentalis) as noted in the attached reports dated August 31, 2011, and labeled as Appendix A, 8, 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 toad and the western yellow-billed cuckoo were not detected by within the Project site or the larger survey area. Additionally, no other endangered or threatened species were detected within the Project site or survey Area. The survey noted the following list of species within or near the Project area: • Yellow warbler(Dendroice petechial) • White tailed kite(Elanus/eucurus) • Arroyo chub (Gila orcuttii) • Brown-headed cowbird (Molothrus ater), only one individual of this species was encountered. IU. MITIGATION OBJECTIVES This HMMP describes required mitigation measures set forth by the CDFG which include revegetation of riparian habitat onsite within the work area at the crossing, and the removal of 2000 square feet of giant cane offsite within Trabuco Creek, and a five- s year maintenance, monitoring, and reporting program to follow mitigation implementation, A. Onsite Mitigation The proposed repairs at the crossing will require the 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 the planting of willow trees within the work area in the northern bank of San Juan Creek. S. Offsite Mitigation The proposed offsite location is located within Trabuco Creek adjacent to an ongoing City of San Juan Capistrano mitigation project site known as the 2C Ranch Restoration Project [Exhibit 51, 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 offsite mitigation will join up to the southern boundary of the 2C Ranch Project. This will keep the area upstream of the proposed offsite mitigation free of giant cane that 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 26262 Oso Road, San Juan Capistrano, CA. 92675 (longitude 33.514136, latitude-117.672216). The property is privately owned with the owner operating Sycamore Trails Stables equestrian center at this location. The City has met with the owner, Mr. Ronald B. Hanson, and has developed an agreement for the 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 permit. Offsite mitigation entails the removal of 2000 square feet of giant cane and planting of willow trees within the removal area to stimulate reestablishment of riparian habitat in the offsite location within Trabuco Creek. IV. MITIGATION WORK PLAN A. Mitigation Schedule Onsite 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 Restriction 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 shall be performed by a qualified landscape contractor with a minimum of five years of experience in riparian restoration projects that is onsite during the cutting and herbicide application. The landscape contractor will be required to demonstrate experience in this field to the Project Biologist prior to contracting with the Applicant. The Contractor also shall possess C27 and Pest Control Advisor(PCA) licenses. C. Site Preparation The limits of work areas will be flagged before the start of work at the agreed upon location identified in attached Exhibit 5. D. Plant Palettes Onsite Plant Palette A total of 7 cuttings will be planted at the onsite portion of mitigation: On the bank Immediately west of the access trail, 2 arroyo willows(Salix lasiolepis) and 1 Black willow(Salix gooddingii)will be installed. On the 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 trail. The method and procedure for this work is noted in Section IV.E. below. Botanical Name Common Name Quantitly Sarx lasWe is Arroyo willow 4 Salix goodding# Black willow 3 Total 7 Offsite Plant Palette A total of 100 cuttings will be planted at the offsite portion of mitigation. The planting at the offslte location will be the five-staking of local cuttings planted on 5 foot centers using the following palette: Botanical Name Common Name Quanti Salix lasiole is Aroyo willow 25 ty Salix ooddin ii Black willow 25 Baccharis salicifolia Muiefat 50 7 Total 100 E. Live-Stake Planting Method Live-staking is a revegetation method that is beneficial for keeping the site-speck 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 (Poputus sp.). This method is preferred for use if the donor willows are large enough to provide the necessary size of branches, the cutting and replanting occurs during the dormant season, and proper conditions exist onsite that will ensure survival of the cuttings. The proposed onsite and offsite 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 inch in diameter and at least 6 feet in length. • The cutting and replanting should be conducted in the cooler months during willow dormancy, between November and February, with all work completed before February 1. • The water table must be within 6-8 feet from the surface with relatively little fluctuation throughout the growing season. • The soils in the replanting area must be similar to the soils where the donor plant was growing. Stens for Successful Live Staking: • Cut branches during the dormant season between November and February. • Select cuttings from healthy trees. Select the longest, straightest branches available. • Select branches that are %-1 inch thick and 6-8 feet long. • Prepare cutting by trimming off the top(terminal bud). Prune lateral stems to allow most of the energy to be spent on root development. • Cut the top straight across and the bottom at an angle to 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 1-inch diameter, 6-foot bits to prepare planting hole. • Plant branches such that at least 1/2 to 213 of the cuffing is below ground and as close as possible to the water table. • Plant poles 1-2 feet apart to enhance overall survival. 8 • Pack soil around cutting tightly to avoid air bubbles. Fill planting hole with water and additional soil to create a slung of mud to ensure removal of air pockets. • If necessary, install tree guards around cuttings to protect from herbivores. F. Giant Cane Removal Method The giant cane shall be treated according the SAA Condition 2.33, by cutting the stalks at a height of six inches or less above the ground and painting with a herbicide approved for aquatic use within five minutes of the cutting. Any and all arundo materials shall be removed from the site and properly disposed of in an approved landfill. The offsite mitigation location and stream bed shall be protect so as to not allow any cuttings, shavings, and/or plant parts to enter thereupon. No removal work will be performed during rain events. V. MAINTENANCE ACTIVITIES DURING THE MONITORING PERIOD A. Crossing Maintenance 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. • Ongoing repair and maintenance of the crossing's access trail, its surface and removal of trash or foreign matter that is not part of the area's natural environment. • Clearing non-native 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 the 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 that 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 the clearing of debris and sediments that have been deposited inside the culverts to allow for undisturbed stream flows. 9 • All work on the crossing slopes or within the culverts will transpire outside of the 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 the 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 tally 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 shall be monitored on the same schedule, in order to ensure the successful establishment of the sites the 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 first year, and biannually thereafter for the 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 fitness and health of the planted species, pest problems, weed establishment, mortality, and drought stress, will be noted in each site walkover. The Project Biologist will also note observations on wildlife use and native plant recruitment for the purpose of tater discussion in the annual reports. Records will be kept of mortality and other problems such as insect damage, weed infestation, and soil loss. 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 the distance from the line. Plots will be placed on alternating sides of the centerline and perpendicular to 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 for the restoration site. At least 5 replicates site will be initially sampled. The mean native cover for each restoration site will be compared to the performance criteria at the end of each of the five years subject to monitoring C. Performance Standards All mitigation planting is required to have a 100-percent survival rate the first year, and 80-percent thereafter, and/or shall attain 75-percent 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 success criteria for the planting shall be 40- percent cover by native woody perennials; • Second Year Monitoring: The success criteria for the plantings shall 60- percent cover by native woody perennials; • Third Year monitoring: The success criteria for the plantings shall be 75- percent cover by native woody perennials; • Fourth Year Monitoring: The success criteria for the plantings shall be 80- percent cover by native woody perennials; • Fifth Year Monitoring: The success criteria for the plantings shall be 90- percent cover by native woody perennials; At 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 the site shall consist of bare ground and the sites shall be free of invasive exotic plant species. D. Annual Monitoring Reports Mitigation, maintenance, and monitoring reports shall be submitted to CDFG during the five-year maintenance and monitoring period or until such a time that the 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 survey. The spring survey must occur during optimal growth conditions between March- Il August and thus be submitted no later than October Wh. Monitoring reports shall include, but not be limited to, the following: a. Title pages identifying the regulatory 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 the 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 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 Notification#1600-2012-0116-R5 VII. COMPLETION OF COMPENSATORY MITIGATION A. Notification of Completion If at the end of the five-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 described in full detail in the attached Streambed Alteration Agreement Notification No. 1600-2012-0116-R5 attached as Exhibit "D" and the HMMP for the Arizona Crossing at City of San Juan Capistrano's Reata Paris 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 - I - 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(a-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 APPROVEDAS OF M: By: Hans Va Ligten,tky Attorney ATTEST: By: Maria Morris, City Clerk - 3 - ts� ,� ' *q - , F R p P,O m .H t •4 y } p � w � 4 t ! IA 1 1 11 . ' • . 1 ur=rrin I mmtN 1 OF HSH AND GAME - -... o, CHARLTON H. 80NHAM, Director South Coast Region 3883 Ruffin Road San Diego, CA 92123 (858)467-4201 www.dfg.ca.gov Gctooer 31, 2012 Mr. William W. Curry City of San Juan Capistrano 3240C 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: 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. If you have any questions regarding this matter, please contact Kevin Hupf, Environmental Scientist at (8 .467-4223 or khupf@dfg.ce.gov. Sincerely, 1 !� Stephen J arez Environmental Program Manager Conserving California s Wildlife Since 1870 EXHIBIT C I OF FISH AND GAVE CHARLTON H. BONHAM,Director MAtZ South Coast Region j 3883 Ruffin Road San Diego, California 92123 (858)-, 1 vwwdfg.ca.gov UTILITY DEPARTMENT NQ V 5 2012 October 31, 2012 CITY OF Mr. William Curry SAN JUANCAP;STRANo City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Streambed Alteration Agreement 1600-2012-0116-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, `:he 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 inerefore approves this plan. This plan shall be implemented through all phases of the project, including any future maintenance project authorized by the Streambed P_Iteration Agreement. P ease notify the Department of any changes to this plan. If the changes are deemed siti nifi:ant 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 or 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, Kevin Hupf Environmental Scientist Conserving California's WifdCife Since 1870 CALIFORNIA DEPARTMENT of FISH AND GAME SOUTH COAST REGION 3883 RUFFIN ROAD SAN DIEGO, CALIFORNIA 92123 STREA SED ALTERATION AGREEMENT NOTIFICATION No. 1600-2012-0116-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 DESCRfPTION 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 #1600-2012-0116-R5 Streambed Alteration Agreement Page 2 of 15 and debris from the existing culverts with the use of a vacuum truck located outside of the stream. The project also includes the installation of one additional 24-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 flit material on an as need basis. PROJECT IMPACTS Existing fish or wildlife resources the project could substantially adversely affect include: FISH — arroyo chub (Gila orcuttir); AMPHIBIANS — arroyo toad (Bufo californicus); REPTILES — orange-throated whiptail (Asidoscelis hyperythra be/dingr), two striped garter snake (Thamnophis hammonda), BIRDS —Anna's hummingbird (Calypte anne), lesser goldfinch (Carduelis psaitria), house finch (Carpodacus mexicanus), wrentit (Chamaea fasciata), killdeer (Charadrius vociferus), yellow warbler (Dendroica petechia brewsten), cliff swallow (Hirundo pyrrhonota), barn swallow (Hirundo rustica), black phoebe (Sayornis nigricans), Allen's hummingbird (Selasphorus sasin); PLANTS — Coulter's Saftbush (Atriplex couiten), coyote bush (Baccharis pilularis), Fremont cottonwood (Populus fremontit ssp. fremontir), 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 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 instrearn 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 WILDLIFE RESOURCES 1. Administrative (measures Permittee shall meet each administrative requirement described below. 1.1 Documentation at Proiect 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 #1600-2012-0116-R5 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. 1.2 Providing Agreement to Persons at Proiect 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 shall contact Permittee to resolve any conflict. 1.4 Proiect Site Entrv. 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 Permittee shalt 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-R5. 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 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 0.113 acres of habitat subject to FGC section 1602 permitting requirements associated with the Arizona Crossing at Reata Park. Notification #1600-2012-0116-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 that 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 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 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, a 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 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 the proposed activity, terrain, existing level of human activity within the buffer and in the surrounding area) warrant a reduced buffer. 2.6 Arroyo Chub Avoidance. Arroyo chub (Gila orcutth) 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 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 to the migration and survival of this species. Notification #1600-2012-0116-R5 Streambed Alteration Acreement 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 at 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 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. Fill and Spoil 2.10 Fill Dimensions. Fill length, width, and height dimensions shall not 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 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. 2.12 Displaced Material. It 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 Existinc Concrete. Concrete pieces shall not be relocated and re-used as a part of this Agreement. If any of the existing concrete is washed downstream as a result Notification #1600-2012-0116-R5 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 targe 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 temporary they shall be removed immediately upon completion. Structures 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 the culverts remain in the stream. This shall be accomplished with all other terms and measures of this Agreement. TeLUPorary 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 shall 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 support 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 #1600-2012-0116-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 the water clears prior to flowing back into the stream. Erosion, Turbidity, 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 the term of this 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 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, shalt be halted until effective DFG approved control devices are installed, or abatement procedures are initiated. Pollution, Litter, and Ctean-LIR 2.27 Equipment 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 deteterfous 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. All fuel or hazardous waste leaks, spills, or releases shall Notification #1600-2012-0116-R5 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. Servicelmaintenance 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 Fueling. 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 project site and vicinity of the stream upon completion of project activities. Restorinct 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 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 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 upon completion of construction. Stripped or exposed areas shall be revegetated with native species appropriate to local conditions. Notification #9600-2012-0116-R5 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 that 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 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 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, 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. 4. Reporting Measures Permittee shall meet each reporting requirement described below. 4.1 Nesting Bird Surveys. The Permittee shall submit the results of focused surveys associated with measures: 2.5; to DFG in the form of a written report via e-mail to RSLSACompliance@dfg.ca.gov prior to any project impacts. Notification #1600-2012-0116-R5 Streambed Alteration Agreement Page 10 of 15 4.2 Annual Mitigation, Maintenance And Monitoring Reports. Mitigation, maintenance, and monitoring reports shall 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 survey. The spring survey must occur during optimal growing conditions between March — August and thus must be submitted no later than October 15"". 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 performed. 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 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 from the work area. Diversion berms shall be constructed of coffer dams, inflatable dams, sand bags, or other approved materials. Channel banks or barriers shall 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 Monitoring Plan (HMMP) for DFG review prior to initiating project Notification #1600-2012-0116-R5 Streambed Alteration 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 (j) identification of the party responsible for meeting the success criteria. The Permittee shall receive written DFG approval of fhe 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 the 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-R5 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 project. The decision to proceed with the project is Permittee's alone. Notification 41600-2012-0116-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, or contractors and subcontractors, is not in compliance with the Agreement. Before DFG suspends or revokes the Agreement, it shalt 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 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 in the 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 any 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 #1600-2012-0116-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., tit. 14, § 699.5). TRANSFER AND ASSfGN HENT 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 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). EKTENtSfON6S 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 extension 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 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, § 1605, subd. 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 #1600-2012-0116-R5 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.htmi. 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. AUTHORIZATION This Agreement authorizes only the project described herein. If Permittee begins or completes a project different from the project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify DFG in accordance with FGC section 1602. a Notification #1600-2012-0116-R5 Streambed Alteration Agreement Page 15 of 15 CONCURRENCE The undersigned accepts and agrees to comply with all provisions contained herein. FOR CITY OF SAN JUAN" CAPISTRANO Date Title: FOR ,6 TM ISTQ F H 6,260 GAMEI� Ste e*MJua�; Date Environmental Progra anager Prepared October 20, 2012 by Kevin Hupf, Environmental Scientist M . 4N F - �• i..r.'�"�3'J�t ry. �FlJ.. a�!.-yea a ;µms`v, ,t.'. ��,'.. �}Y ,� P.ds1�,;F •� f f��r�- �1' ykili G f -ice S :rte '"u �,i r: 1� Ar '#St 4r� r rr F' is.F�` •' qq �e� y t d� y�s1 rr aa �� �rt"iL . = e4• d F = .rzr r� *. kyS Tq!L `� � ea itl - t r l 11i , ''`- m '7"5 aS r � 1f _ t J ��r+;✓3 r y �y,� J fid a "` K �.'Sr ,fyt r aE r 'S y P Sr Y •'`nl�x ° 7 '� rr tf ry I . S ! Y1'i „ .:4 tlf5 {_ih i, IY trY mfr! S.: t lt' 1f d� U i u1 4 t t 5 x °.- a 1 .J K .. � F R.' J �, X11 -.Y;•k f��Ap'�! w`� -7w 'rr .� �i�v r 1, 1, r fi. J t r i,.� Contents SECTION ). Executive Summary............................................................ E SECTION If. Description of Proposed Project/Impact Site 2.A Responsible Parties............ .....................................................2 2.8 Project Location................................................. .....................2 2.0 Brief Summary of Project.......... ................................................2 2.D Sensitive Habitats/Species......................... .............................3 SECTION Ill. MITIGATION OBJECTIVES 3.A Onsite Mitigation................................................. ....................4 3.B Offsite Mitigation.....................................................................4 SECTION IV, MITIGATION WORK PIAN 4.A Mitigation Schedule...................................................................4 4.6 Restoration Contractor..............................................................5 4.0 Site Preparation......................................................................5 4.D Plant Palettes.....—............... ............................. ..................5 4.E Live-Stake Planting Method-- ......--........ .........................6 4.F Giant Cane Removal Method................................. ...................7 SECTION V. MAINTENANCE ACTIVITES DURING MONITORING PERIOD 5.A Crossing Maintenance.............................................................7 5.13 Giant Cane Treatment- Section VI. MONITORING PLAN FOR THE COMPENSATORY MITIGATION SITE 6.A Vegetation Monitoring Program............ ............ ...... ....................8 1 6.13 Qualitative Monitoring................................................... .. 6.0 Quantitative Monitoring............... ............. ........... 6.D Performance Standards.................................... . 6.E Annual Monitoring Reports... SECTION Y11. COMPLETION OF COMPENSATORY MITIGATION 7.A Notification of Completion... ........................ ......... ... 2 t. 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''Y4 mile downstream of the Ortega Highway Bridge at Antonio Parkway within the City of San Juan Capistrano. This crossing dates back to pre-1970 according to Orange County Flood photos, 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 the facility have enjoyed the 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 without entering the streambed. During the 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 the crossing by cleaning debris and sediment from the culverts using a vacuum truck located outside of the stream. The Project also 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 California Department of Fish and Game (CDFG) of their intended Project and has been authorized to perform the necessary work, impacting no more than 0.119 acre of CDFG jurisdiction pursuant to Section 1602 of the Fish and Game Code Streambed Alteration Agreement Notification Number 1600-2012-01169- R5 (SAA). The City has agreed to carry out the Project in compliance with habitat protection and mitigation measures outlined in the 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 onsite within the work area, and the removal of 2000 square feet of giant cane (Arundo donax) offsite,and a five-year maintenance, monitoring, and reporting program to follow mitigation implementation. 3 IL DESCRIPTION OF PROPOSED PROJECT/IMPACT SITE A. Responsible Parties Permittee: City of San Juan Capistrano Contact: William Curry Telephone: (949)487-4307 Project Biologist: Glenn Lukos Associates Contact: Jeff Ahrens Telephone: (949) 837-0404 B. Project Location The Project is located in the City 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 the 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 out of the 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 that 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 skies of the crossing as noted in the construction drawings in Exhibit 4. The method for retrieval will be through the use of a tractor that will reach into the stream using a claim shell type attachment to grab the rock and lift it out of the streambed. At 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 surface. Workers will work with the tractor and a contracted biologist to be certain that the 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 the 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; the City has added an additional 780 4 square feet for contingency purposes for the total area of impact at 2,000 square feet, 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 the edge of the stream. This additional culvert 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 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 proposed additional pipe and the surface of the crossing will be restored to its pre-storm elevation. D. Sensitive Habitats/Species In April of 2011, in preparing to perform repair and maintenance work on the crossing, the City contracted with Glenn Lukos Associates (GLA)to perform several habitat surveys of the Project area. Surveys were conducted for the federally-listed endangered southwestern willow flycatcher(Empidonex traillii extlinus), arroyo toad (Anaxynrs calffornicus), and the western yellow-billed cuckoo (Coccyzus americanus occidentalis) 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-feet upstream and 500-feet downstream of the Project area. Results from the surveys detailed that the southwestern willow flycatcher, the arroyo toad and the western yellow-billed cuckoo were not detected by within the Project site or the larger survey area. Additionally, no other endangered or threatened species were detected within the Project site or survey Area. The survey noted the following list of species within or near the Project area: • Yellow warbler(Dendroice petechial) • White tailed kite(Elanus laucurus) • Arroyo chub (Gila orcuttii) • Brown-headed cowbird (Molothrus ater), only one Individual of this species was encountered. Ili. MITIGATION OBJECTfVES This tiMMP describes required mitigation measures set forth by the CDFG which include revegetation of riparian habitat onsite within the work area at the crossing, and the removal of 2000 square feet of giant cane offsite within Trabucc Creek, and a fives. s year maintenance, monitoring, and reporting program to follow mitigation implementation. A. Onsite Mitigation The proposed repairs at the crossing will require the 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 the planting of willow trees within the work area in the northern bank of San Juan Creek. B. Offsite Mitigation The proposed offsite location is located within Trabuco Creek adjacent to an ongoing City of San Juan Capistrano mitigation project site known as the 2C Ranch Restoration Project[Exhibit 51. 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 offsite mitigation will join up to the southern boundary of the 2C Ranch Project. This will keep the area upstream of the proposed offsite mitigation free of giant cane that 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 26282 Oso Road, San Juan Capistrano, CA. 82675 (longitude 33.514136, latitude -117.672216). The property is privately owned with the owner operating Sycamore Trails Stables equestrian center at this location. The City has met with the owner, Mr. Ronald B. Ranson, and has developed an agreement for the 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 permit. Offsite mitigation entails the removal of 2000 square feet of giant cane and planting of willow trees within the removal area to stimulate reestablishment of riparian habitat in the offsite location within Trabuco Creek. W. MITIGATION WORK PLAN A. Mitigation Schedule Onsdte revegetation efforts shall begin within 45 days of the initial construction comptetton. 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 Restriction 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 shall be performed by a qualified landscape contractor with a minimum of five years of experience in riparian restoration projects that is onsite during the cutting and herbicide application. The landscape contractor will be required to demonstrate experience in this field to the Project Biologist prior to contracting with the Applicant. The Contractor also shall possess C27 and Pest Control Advisor(PCA) licenses. C. Site Preparation The limits of work areas will be flagged before the start of work at the agreed upon location identified in attached Exhibit 5. D. Plant Palettes Onsite Pian Palette A total of 7 cuttings will be planted at the onsite portion of mitigation: On the bank immediately west of the access trail, 2 arroyo willows(Salix lasiolepis) and 1 Black willow(Salix gooddingii)will be installed. On the 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 trail. The method and procedure for this work is noted in Section N.E. below. Botanical Name Common Mame Quantitly Salix/asiole is Arroyo willow 4 Salix googghVii Black willow 3 Total 7 EEEI Offsite Plant Palette A total of 100 cuttings will be planted at the offsite portion of mitigation. The planting at the offsite location will be the five-staking of local cuttings planted on 5 foot centers using the following palette: Botanical Name Cammon Mame Quanti Sallxlasiole is Ano o willow 25 Salix ooddin ii Black willow 25 Baccharis salidfoli2 Mulefat 50 7 Total 100 E. Live-Stake Planting Method Live-staking is a revegetation method that is beneficial for keeping the site-speck 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, the cutting and replanting occurs during the dormant season, and proper conditions exist onsite that will ensure survival of the cuttings. The proposed onsite and offsite 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 inch in diameter and at least 6 feet in length. • The cutting and replanting should be conducted in the cooler months during willow dormancy, between November and February, with all work completed before February 1. • The water table must be within 6-8 feet from the surface with relatively little fluctuation throughout the growing season. • The soils in the replanting area must be similar to the soils where the donor plant was growing. Steps for Successful Live Staking: • Cut branches during the dormant season between November and February. • Select cuttings from healthy trees. Select the longest, straightest branches available. • Select branches that are %-1 inch thick and 6-8 feet long. • Prepare cutting by trimming off the top(terminal bud), Prune lateral stems to allow most of the energy to be spent on root development. • Cut the top straight across and the bottom at an angle to 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 1-inch diameter, 6-foot bits to prepare planting hole. • Plant branches such that at least 1/2 to 2/3 of the cutting is below ground and as close as possible to the water table. Plant poles 1-2 feet apart to enhance overall survival. 8 Pack soil around cutting tightly to avoid air bubbles. Fill planting hole with water and additional soil to create a slurry of mud to ensure removal of air pockets. • If necessary, install tree guards around cuttings to protect from herbivores. F. Giant Cane Removal Method The giant cane shall be treated according the SAA Condition 2.33, by cutting the stalks at a height of six inches or less above the ground and painting with a herbicide approved for aquatic use within five minutes of the cutting. Any and all arundo materials shall be removed from the site and properly disposed of in an approved landfill. The offsite mitigation location and stream bed shall be protect so as to not allow any cuttings, shavings, and/or plant parts to enter thereupon. No removal work will be performed during rain events. V. MAINTENANCE ACTIVITIES DURING THE MONITORING PERIOD A. Crossing Maintenance 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. tV� • Ongoing repair and maintenance of the crossing's access trail, its surface and 0� removal of trash or foreign matter that is not part of the area's natural S�n� environment. Clearing non-native 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 the 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 that 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 the clearing of debris and sediments that have been deposited inside the culverts to allow for undisturbed stream flows. 9 All work on the crossing slopes or within the culverts will transpire outside of the 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 MConitoring Program Qualified habitat restoration specialists, biologists, or horticulturists with appropriate credentials and experience in native habitat restoration shall perform monitoring. Continuity within the 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 tally 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 shall be monitored on the same schedule. In order to ensure the successful establishment of the sites the monitoring is scheduled for five years or until the five-year success criteria have been met and confirmed by CDFG: S. Qualitative Monitoring The 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. Qualitative surveys, consisting of a general site walkover and habitat characterization, will be completed during each monitoring visit. General observations, such as fitness and health of the planted species, pest problems, weed establishment, mortality, and drought stress, will be noted in each site walkover. The Project Biologist will also note observations on wildlife use and native plant 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 loss. C. Quantita ive 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 the distance from the line. Plots will be placed on alternating sides of the centerline and perpendicular to 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 for the restoration site. At least 5 replicates site will be initially sampled. The mean native cover for each restoration site will be compared to the performance criteria at the end of each of the five years subject to monitoring C. Performance Standards All mitigation planting is required to have a 100-percent survival rate the first year, and 80-percent thereafter, and/or shall attain 75-percent cover of native woody perennial species after 3 years and 90-percent cover of native woody perennial species after five years. f First Year Monitoring: The success criteria for the planting shall be 40- percent cover by native woody perennials; Second Year Monitoring: The success criteria for the plantings shall 60- percent cover by native woody perennials; k Third Year monitoring: The success criteria for the plantings shall be 75- percent cover by native woody perennials; Fourth Year Monitoring. The success criteria for the plantings shall be 80- percent cover by native woody perennials; Fifth Year Monitoring: The success criteria for the plantings shall be 90- percent cover by native woody perennials; c At 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 the site shall consist of bare ground and the sites shall be free of invasive exotic plant species. D. Annual Monitoring Reports Mitigation, maintenance, and monitoring reports shall be submitted to CDFG during the five-year maintenance and monitoring period or until such a time that the 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 survey. The spring survey must occur during optimal growth conditions between March- 13 August and thus be submitted no later than October 15"'. Monitoring reports shall include, but not be limited to, the following: a. Title pages identifying the regulatory 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 the monitoring activities; a 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 point as baseline photographs; h. Maps identifying monitoring areas, transect locations, and planting zones; 1. 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 82123 Ann: Lake and Streambed Alteration Program Notification#1600-2012-0116-R5 Ktl. COMPLETION OF COMPENSATORY MITIGATION A. Notification of Completion If at the end of the five-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 32400 PASEO ADELANTO C� • MEMBERS OF THE CRY COUNCIL SAN JUAN CAPISTRANO.CA 92675 .*.li (949)493-1171 ROY ALLEVA BYRNE (949)4931053 FAX • umluul LARRY KRAMES,MD. I11111111fJ 1961 LARRY KRAMER Inv;.canjut+ncl+nis+nlNv.rnR 1776 � . DEREK REEVE JOHN TAYLOR TRANSMITTAL TO: Ronald Bruce Hanson 26282 Oso Road San Juan Capistrano, CA 92675 DATE: January 23, 2013 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Site Access License—APN 121-07-062 (26282 Oso Road) Enclosed: (1) Original, Site Access License—APN 121-07-062 (26282 Oso Road) If you have questions concerning the agreement, please contact West Curry, Assistant Utilities Director at (949) 487-4307. Cc: West Curry, Assistant Utilities Director Justin Kirk, Senior Management Analyst San Jean Capisti-ano: Preserving the Past to Enhance the Future `� Pnm dm IN%recycled Vg Christy JAI From: Christy Jakl Sent: Wednesday, January 23, 2013 11:33 AM To: West Curry Cc: Justin Kirk Subject: Bruce Hanson Site Access Agreement Attachments: 13-0115 Hanson, Bruce - Site Access.pdf Good Morning, For your records, attached is an executed site access agreement with Bruce Hanson approved at the 1/15/13 City Council meeting. Thanks! Chrisl-� JAI, CMC Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax t Today's Date: , I` ng )ly) iey I ger erk CONTRACT TRANSMITTALt'�q -- COUNCIL MEETING DATE (if applicable): 3 Project Manager's Last Name: V IGC CUM Phone E441WA, 3d CIP No. (if any): APPROVING AUTHORITY: (Check One) 1, Mayor ❑ CRA Chair ❑ City Manager Provide (1) executed original contract for each signing party, including the `,a( the agreement is to be recorded —only (1) original will be recorded with certified copies going to other r.' Please provide the mailing address of any party to receive an agreement —s ss the mailing address is included within the body of the agreement: Names Street Cit St Zi OTHER INSTRUCTIONS: Form Date:01-2004 D- 7