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C15-27 - Department of Fish and Wildlife - Final Streambed Alteration AgreementState of California — Natural Resources Agency EDMUND G. BROWN, Jr., Govemor �DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Inland Deserts Region 3602 Inland Empire Blvd., Suite C220 Ontario, CA 91764 909-484-0167 www.wildlife. ca.yov August 17, 2015 Rebecca Deming City of Beaumont 550 E. 6th Street Beaumont, CA 92223 Subject: Final.Streambed Alteration Agreement Notification No. 1600-2012-0121-R6 (REVISION 4) State Route 60/Potrero Boulevard New Interchange Project Dear Ms. Deming: Enclosed is the final Streambed Alteration Agreement (Agreement) for the State Route 60/Potrero Boulevard New Interchange Project (Project). Before the California Department of Fish and Wildlife (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, filed a notice of determination (NOD) on the same date it signed the Agreement. The NOD was based on information contained in the Mitigated Negative Declaration the lead agency prepared for the Project. Under CEQA, filing a NOD starts a 30 -day period within which a party may challenge the filing agency's approval of the project. You may begin your project before the 30 - 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 Claire Ingel at 909-484- 3979 or Claire.Ingel@wiIdlife.ca.gov. Sincerely, ndt nior�Environmental Scientist Conserving Caffornia s Wifdf fe Since 1870 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE INLAND DESERTS REGION 3602 INLAND EMPIRE BLVD., SUITE C-220 ONTARIO, CA 91764 • STREAMBED ALTERATION AGREEMENT NOTIFICATION No. 1600-2012-0121-R6 (REVISION 4) CITY OF BEAUMONT STATE ROUTE 60/POTRERo BOULEVARD NEW INTERCHANGE PROJECT This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and the City of Beaumont (Permittee) or as represented by Ms. Elizabeth Urtiaga. RECITALS WHEREAS, pursuant to Fish and Game Code (FGC) section 1602, Permittee notified CDFW on August 27, 2012, that Permittee intends to complete the project described herein. WHEREAS, pursuant. to FGC section 1603, CDFW 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 State Route 60/Potrero Boulevard New Interchange Project (Project) is located within Cooper's Creek and unnamed tributaries to Cooper's Creek, Sections 6 and 7, Township 3S, Range 1 W, north and south of State Route 60, east of Jackrabbit Trail, west of Interstate 10, in the City of Beaumont, County of Riverside, State of California; Latitude 33.933611, Longitude -117.016667. PROJECT DESCRIPTION The Project is limited to the phased construction of a new interchange at State Route 60 and Potrero Boulevard. Phase 1 includes a new 6 -lane Potrero Boulevard overcrossing (3 lanes in each direction) with a temporary connection to Western Knolls Avenue. Phase 2 includes westbound and eastbound diagonal and loop entry ramps (two lanes Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 2 of 17 plus HOV lane); extended ramp acceleration/deceleration lanes; realignment of Western Knolls Avenue; and removal of Western Knolls Avenue connections to State Route 60. The flow from Cooper's Creek will be temporarily diverted under the San Timoteo Bridge using a temporary creek diversion system. Sandbags will be placed on the south side of the bridge crossing and under the bridge, taking up approximately 270 cubic yards of space and 0.09 acres. The pipes installed will allow water to flow past the construction area. Cofferdams will be put in place during pile and footing construction. While the creek is dry, 21 concrete -filled steel pipe piles will be constructed to widen San Timoteo Bridge. Each pile has a 2 foot diameter. Once the bridge is constructed, the pipe and sandbags will be removed, rock slope protection installed, and the streambed will be restored. PROJECTIMPACTS Existing native fish and wildlife resources the project could potentially substantially adversely affect include: BIRDS- American crow (Corvus brachyrhynchos), American kestrel (Falco sparverius), Anna's hummingbird (Calypte anna), barn owl (Tyto alba), black phoebe (Sayornis nigricans), blue -gray gnatcatcher (Polioptila caerulea), blue grosbeak (Passerina caerulea), brown -headed cowbird (Molothrus ater), bushtit (Psaltriparus minimus), California thrasher (Toxostoma redivivum), California quail (Callipepla californica), greater roadrunner (Geococcyx californianus), California towhee (Melozone crissalis), Cassin's kingbird (Tyrannus vociferans), common raven (Corvus corax), common yellowthroat (Geothlypis trichas), Cooper's hawk (Accipiter cooperii), Costa's hummingbird (Calypte costae), European starling (Sturnus vulgaris), house finch (Carpodacus mexicanus), house wren (Troglodytes aedon), lark sparrow (Chondestes grammacus), Lawrence's goldfinch (Carduelis lawrencei), least Bell's vireo (Vireo bel/li pusillus), lesser goldfinch (Carduelis psaltria), mourning dove (Zenaida macroura), northern mockingbird (Mimus polyglottos), northern rough -winged swallow (Steligopteryx serripennis), Nuttall's woodpecker (Picoides nuttallii), oak titmouse (Baelophus inornatus), orange -crowned warbler (Oreothlypis celata), red-tailed hawk (Buteo jamaicensis), Say's phoebe (Sayornis saya), song sparrow (Melospiza melodia), spotted towhee (Pipilo maculatus), turkey vulture (Cathartes aura), violet -green swallow (Tachycineta thalassina), Wilson's warbler (Cardellina pusilla), and yellow warbler (Dendroica petechial brewsteri); MAMMALS- bobcat (Lynx rufus), Brazilian free -tailed bat (Tadarida brasiliensis), California ground squirrel (Spermophilus beecheyi), coyote (Canis latrans), desert cottontail (Sylvilagus audobonii), dusky -footed woodrat (Neotoma fuscipes), mule deer (Odocoileus hemionus), raccoon (Procyon lotor), Townsend's pocket gopher (Thomomys tonwsendii), Virginia opossum (Didelphis virginiana), and Yuma myotis (Myotis yumanensis); PLANTS- arroyo willow (Salix lasiolepis), bristly sedge (Carex comosa), California bedstraw (Galium californicum ssp. primum), California croton (Croton californicus), California sagebrush (Artemisia californica), coast live oak (Quercus agrifolia), Fremont's cottonwood (Populus fremontii), Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 3 of 17 Goodding's black willow (Salix gooddingii), mulefat (Baccharis salicifolia ssp. salicifolia), and red willow (Salix laevigata); REPTILES- San Diego gopher snake (Pituophis cateniferaccectens), side -blotched lizard (Uta Stansburiana), Southern Pacific rattlesnake (Crotalus oreganus helleri), and western fence lizard (Sceloporus occidentalis); AMPHIBIANS- Pacific chorus frog (Pseudacris regilla). The adverse effects the project could have on the fish and wildlife resources identified above include the disturbance to, alteration of, and/or loss of nesting and foraging habitat and wildlife corridors. The construction of the project will permanently impact a total of 2.171 acres of CDFW jurisdictional areas consisting of impacts to 0.119 acres of streambed and associated vegetation of Cooper's Creek, and 2.052 acres of impacts within Drainages 1, 2, 5, 6, 7, and 8, as depicted in figure 4a of the Interchange Project Delineation Report. Phase 1 construction will result in impacts to 1.12 acres of streambed within Drainages 1, 2, 7, and 8. Phase 2 construction will result in impacts to 0.119 acre of streambed and associated vegetation in Cooper's Creek and 0.932 acre of streambed within Drainages 1, 4, 5, 6 and 9. Total project impacts of 2.171 acres of jurisdictional areas are authorized under this Agreement. If any impacts in excess of 2.171 acres may occur to CDFW jurisdictional areas, Permittee shall submit an application for an amendment to this Agreement to assess and quantify the impacts. The amendment will be subject to CDFW review, may require additional avoidance, minimization, and mitigation measures, and shall be finalized before additional impacts may occur. This Agreement does not authorize impacts to San Timoteo Creek north of Highway 60 or impacts to the mitigation areas and easements associated with SAA# 1600-2004-0225-R6. This Agreement does not authorize any future maintenance or repair activities associated with the new State Route 60/Potrero Boulevard Interchange. CDFW encourages Permittee to submit to CDFW a Notification of Lake or Streambed Alteration for the long-term maintenance and operations of Permittee's facilities. 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 available at the project site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request. Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 4 of 17 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 CDFW 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, CDFW shall contact Permittee to resolve any conflict. 1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the project site at any time to verify compliance with the Agreement. 1.5 Take_ of Nesting Birds. Sections 3503, 3503.5, and 3513 of the FGC prohibit take of all birds and their active nests, including raptors and other migratory non -game birds (as listed under the Migratory Bird Treaty Act). 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 Biological Monitor. Permittee shall submit to CDFW in writing the name, qualifications, business address, and contact information of biological monitor(s) (Designated Biologist(s)) responsible for monitoring of Project activities. Permittee shall ensure that the Designated Biologist(s) is knowledgeable and experienced in the identification, biology, and natural history of species with the potential to be impacted by the Project. Permittee shall ensure the Designated Biologist(s) assigned to monitor and survey for bats are experienced in the ecology of bats using man-made structures, acoustic identification in southern California, and the installation of exclusionary devices. The Designated Biologist(s) shall be responsible for monitoring activities addressed by this Agreement, including, but not limited to all activities that result in the clearing or grading of sensitive habitat as well as grading, excavation, and/or other ground -disturbing activities in jurisdictional areas. The Designated Biologist(s) shall flag the limits of access roads and maintenance areas, perform necessary surveys, and take photographs during the construction process, as required by this Agreement. To ensure compliance with the measures of this Agreement, the Designated Biologist(s) shall have the authority to immediately halt any activity that does not comply with this Agreement, order any reasonable measure to ensure compliance with the measures of this Agreement, and directly contact the appropriate agencies for consultation, if necessary. The Designated Biologist(s) shall halt construction activities if threatened or endangered species are identified and notify the Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 5 of 17 appropriate agencies immediately. Permittee shall obtain CDFW approval of Designated Biologists) in writing before commencement of project activities (Including site preparation), and shall also obtain approval in advance in writing if a Designated Biologist must be changed. CDFW shall provide a response/concurrence of the Designated Biologists) within 15 days of receiving the proposals. 2.2 Nesting Bird Plan. No less than 30 days prior to initiating Project activities, including site preparation and staging, Permittee shall submit to CDFW for review a Nesting Bird Plan (NBP) that includes project specific avoidance and minimization measures to ensure that impacts to nesting birds do not occur and that the project complies with all applicable laws related to nesting birds and birds of prey. The NBP shall include, at a minimum: monitoring protocols; survey timing and duration; and project -specific avoidance and minimization measures including, but not limited to: project phasing and timing, monitoring of project -related noise, sound walls, and buffers. CDFW will review and provide comments within 30 days of receiving the NBP. 2.3 Work Period and Time Limits — Bird Surveys. Migratory non -game native bird species are protected by international treaty under the federal Migratory Bird Treaty Act (MBTA) of 1918, as amended (16 U.S.C. 703 of seq.). In addition, Sections 3503, 3503.5, and 3513 of the FGC prohibit the take of all birds and their nests. The Designated Biologist(s) shall survey the entirety of the project site, and within a recommended 500 -foot buffer (with the exception of inaccessible private properties) surrounding the project site for both diurnal and nocturnal nesting birds, prior to commencing project activities (including construction and/or site preparation). Surveys shall be conducted by the Designated Biologist(s) at the appropriate time(s) of day, no more than three days prior to commencement of project activities. Documentation of surveys and findings shall be submitted to CDFW for review prior to conducting project activities. If no nesting activities were observed, project activities may begin. If an active bird nest is located, the Designated Biologist(s) shall implement and monitor specific avoidance and minimization measures as specified in the CDFW-approved NBP (refer to Measure 2.2). 2.4 Work Period and Time Limits — Bat Surveys. Prior to project construction, a CDFW-approved bat biologist will conduct a bat roosting habitat suitability assessment of the structures and trees that may be removed, altered, or indirectly impacted by the proposed project. Any locations with potential for roosting or suitable as a maternity roost will be surveyed by the CDFW-approved bat biologist using an appropriate combination of structure inspection, sampling, exit counts, and acoustic surveys. Surveys shall be conducted during the appropriate season and time of day/night to ensure detection of bats. If bats are found using any bridges, culverts, or trees within the project area, the biologist shall identify the bats to the species level, and evaluate the colony to determine its size and Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 6 of 17 significance. The bat survey shall include: 1) the exact location of all roosting sites (location shall be adequately described and drawn on a map), 2) the number of bats present at the time of visit (count or estimate), 3) each species of bat present shall be named (include how the species was identified), 4) the location, amount, distribution and age of all bat guano shall be described and pinpointed on a map, and 5) the type of roost: night roost (rest at night while out feeding) versus a day roost (resting during the day) must also be clearly stated. The results of the pre -construction bat survey shall be submitted to CDFW for review and concurrence no later than 30 days prior to commencement of project activities. Reports shall be mailed to CDFW Inland Deserts Region at the address below under Contact Information. Please reference SAA # 1600-2012- 0121-R6. CDFW will review and provide comments within 30 days of receiving the bat survey report. No work shall commence onsite prior to CDFW review and approval of the bat survey report. Construction activities shall not occur at structures housing a maternity colony of bats during the recognized bat breeding season (March 1 to October 1) unless concurrence is received from CDFW. This agreement does not authorize the take of adult or juvenile bats. 2.5 Bridge/Culvert-dwelling Wildlife Protection. Permittee shall comply with the following bridge/culvert-dwelling wildlife protection measures if bridge/culvert- dwelling wildlife is detected in the bridges or culverts. All contractors, subcontractors, and employees shall also comply with these measures and it shall be the responsibility of Permittee to ensure compliance. No less than 30 days prior to initiating Project activities, including site preparation and staging, Permittee shall submit to CDFW for review and approval a Bat Avoidance, Monitoring, and Protection Plan (BAMPP) if there are suitable and/or occupied roosts or maternity roosts in the project construction areas or within a 200 -foot buffer. The BAMPP will include project -specific avoidance and minimization measures to ensure that impacts to bats do not occur. The BAMPP shall be created in coordination with, and be implemented by, the CDFW-approved bat biologist. CDFW will review and provide comments on the BAMPP within 20 days of receiving the document. The BAMPP shall include, at a minimum: monitoring protocols; survey timing and duration; procedures and frequency of direct reporting to CDFW; and project -specific avoidance and minimization measures including, but not limited to: project phasing and timing; installation and monitoring of exclusionary materials, where and when appropriate; monitoring of project -related noise, vibration, and lighting; and installation of buffers. The BAMPP shall also ensure the following: 2.5.1 No gasoline or diesel engines shall be stored or operated under/within any bridge/culvert, unless the bridge/culvert has been cleared of all bats. 2.5.2 All night work (dusk until dawn) in the vicinity of any structure used by bats Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 7 of 17 for roosting (i.e., roadway widening, resurfacing, lighting, lane -closure setup, etc.) shall have concurrence from CDFW and the CDFW-approved bat biologist prior to any work or scheduling of any work between March 1 and October 1, or as described in the BAMPP. 2.5.3 The dimensions of existing hinges/expansion joints shall remain the same during and after construction. 2.5.4 Construction activities on, under, or around, or within close proximity to bridges/culverts containing suitable bat -roosting habitat will be limited to October 1 to March 1, unless all bats have been excluded from the structure and concurrence has been received from CDFW. 2.5.5 Vegetation removal around structures shall be minimized to the fullest extent practicable. 2.5.6 If any previously undiscovered roosting bats are discovered during construction activities all work shall stop on, under, around, or within an appropriate buffer as determined by the CDFW-approved bat biologist. 2.5.7 The Designated Biologist(s) shall have the authority to immediately halt any activity that does not comply with this Agreement, order any reasonable measure to avoid the violation of any measure of this Agreement, and directly contact the appropriate agencies for consultation, if necessary. 2.6 Work in Wetted Areas. The Permittee shall avoid work in wetted areas between the period of March 1 through September 30 to avoid impacts to amphibian aquatic life stages, local fish that may be spawning or rearing, and any other aquatic species that have the potential to occur onsite. If work cannot be avoided during that period, Permittee shall have the Designated Biologist survey the project area, adjacent streambed/waters, and associated habitats. CDFW recommends the Designated Biologist conduct an initial set of surveys once a day for three days at the appropriate time of day during the period from March 1 through September 30, and a one-time preconstruction survey no more than 24 hours prior to project initiation. If any fish, amphibian, or other aquatic species are observed during the initial or preconstruction surveys, CDFW may request Permittee to submit for approval, measures to avoid and/or minimize project impacts to aquatic species. 2.7 Burrowing Owl. Prior to the initiation of any project activities in jurisdictional areas, Permittee shall conduct a burrowing owl habitat assessment. The assessment shall be conducted by a biologist knowledgeable of burrowing owl habitat, ecology, and field identification of the species and burrowing owl sign. The assessment shall consist of walking the project site to identify the presence of burrowing owl habitat. Burrowing owls use a variety of natural and modified habitats for nesting Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 8 of 17 and foraging that is typically characterized by low growing vegetation. Burrowing owl habitat includes, but is not limited to: native and nonnative grassland, interstitial grassland with shrub lands, shrub lands with low density shrub cover, golf courses, drainage ditches, earthen berms, unpaved airfields, pastureland, dairies, fallow fields, and agricultural use areas. Burrowing owls typically use burrows made from fossorial (adapted for burrowing or digging) mammals such as ground squirrels or badgers, and often manmade structures such as earthen berms; cement culverts; cement, asphalt, rock, or wood debris piles; or openings beneath cement or asphalt pavement. If no suitable habitat is found on-site (i.e., if the site is completely covered in chaparral habitat, cement, or asphalt), no additional surveys are necessary. If suitable habitat is found onsite, burrowing owl surveys must be conducted during the breeding season of March 1 through August 31 in accordance with the MSHCP requirements. If burrowing owls are found onsite, Permittee shall comply with the MSHCP and submit the survey results and MSHCP compliance documents at least five days prior to commencing project activities to CDFW Inland Deserts Region at the address below under Contact Information. Please reference SAA# 1600-2012-0121-R6. CDFW recommends focused surveys be conducted over all potential suitable habitat within the entire project site, even areas outside State jurisdiction pursuant to Section 1600. The burrowing owl is protected under the Federal Migratory Bird Treaty Act (MBTA) of 1918 (50 C.F.R. Section 10.13) and Sections 3503, 3503.5 and 3513 of the FGC, which prohibit take of all birds and their nests including raptors. Therefore, it is the responsibility of the project proponent to ensure compliance with these laws for the entire project site. 2.8 Invasive Species Prevention. Permittee shall comply with the following: 2.8.1 Invasive Species. Permittee shall conduct project activities in a manner that prevents the introduction, transfer, and spread of invasive species, including plants, animals, and microbes (e.g., algae, fungi, parasites, bacteria, etc.), from one project site and/or waterbody to another. Prevention BMPs and guidelines for invasive plants can be found on the California Invasive Plant Council's website at: hftp://www.cal- ipc.org/ip/`p-revention/index.php and for invasive mussels and aquatic species can be found at the Stop Aquatic Hitchhikers website: http ://www.protectyou rwaters.net/. 2.8.2 Inspection of Project Equipment. Permittee shall inspect all vehicles, watercraft, tools, waders and boots, and other project -related equipment and remove all visible soil/mud, plant materials, and animal remnants prior to entering and exiting the project site and/or between each use in different waterbodies. 2.8.3 Decontamination of Project Equipment. Permittee shall decontaminate all tools, waders and boots, and other equipment that will enter the water Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 9 of 17 prior to entering and exiting the project site and/or between each use in different waterbodies to avoid the introduction and transfer of organisms between waterbodies. Permittee shall decontaminate project gear and equipment utilizing one of three methods: drying, using a hot water soak, or freezing, as appropriate to the type of gear or equipment. For all methods, Permittee shall begin the decontamination process by thoroughly scrubbing equipment, paying close attention to small crevices such as boot laces, seams, net corners, etc., with a stiff -bristled brush to remove all organisms. To decontaminate by drying, Permittee shall allow equipment to dry thoroughly (i.e., until there is a complete absence of water), preferably in the sun, for a minimum of 48 hours. To decontaminate using a hot water soak, Permittee shall immerse equipment in 140°F or hotter water and soak for a minimum of 5 minutes. To decontaminate by freezing, Permittee shall place equipment in a freezer 32°F or colder for a minimum of 8 hours. Repeat decontamination is required only if the equipment/clothing is removed from the site, used within a different waterbody, and returned to the project site. 2.8.5 Decontamination Sites. Permittee shall perform decontamination of vehicles, watercraft, and other project gear and equipment in a designated location where runoff can be contained and not allowed to pass into CDFW jurisdictional areas and other sensitive habitat areas. 2.8.6 Notification of Invasive Species. Permittee shall notify CDFW immediately if an invasive species not previously known to occur within the project site is discovered during project activities by submitting a completed Suspect Invasive Species Report (available online at: hftp://www.dfg.ca.-gov/invasives/inv reporting/sig hting Report. htm 1) and photos to the Invasive Species Program by email at: invasives wildlife.ca. ov. Notification may also be provided by calling (866) 440-9530. Upon receiving notification, CDFW will provide Permittee with guidance for further action as appropriate to the species. 2.8.7 Invasive Plant Management Plan. Permittee shall develop an Invasive Plant Management Plan focused on controlling or eradicating existing invasive plants within the project site and preventing the introduction of new nonnative and invasive plants into the project site. The Plan shall include a list of plant species targeted for control or eradication, a description of the methods that will be used for control or eradication, a list of BMPs to prevent the introduction and spread of invasive plant species into and out of the project site, and a rapid response plan in the event that a new plant species invades the project site. The Plan shall be implemented for the duration of the project. The Plan shall be submitted to CDFW for review and approval 30 days prior to the commencement of project activities, or as extended by CDFW. Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 10 of 17 2.8.8 Invasive Plant Control/Eradication. To minimize the spread of invasive plant species to uninfested areas within and outside of the project site, Permittee shall implement control and eradication activities prior to the initiation of ground -disturbing activities. Permittee shall utilize control and eradication methods that are specific to the target species, avoid the spread and proliferation of other invasive plant species, and minimize damage to and/or removal of native plant species. All nonnative and invasive plants controlled -or eradicated at the project site shall be removed and disposed of in a manner that prevents the introduction and establishment of those species to new areas. 2.9 Protection of Native Plants. Permittee shall flag or otherwise mark native plant species within the vicinity of invasive plants scheduled for control or eradication. 2.10 Hand Tools. Permittee shall utilize hand tools to the greatest extent possible when removing invasive plants to avoid damage to native plant species. 2.11 Nonnative plant species. CDFW recommends that all plant species installed within open space areas and landscaped areas adjacent to and/or near open space areas, such as Fresno Canyon, include only local California native container plants, cuttings, and seeds, typical of the existing native plant species present within those areas. Permittee shall not plant, seed, or otherwise introduce invasive nonnative plant species to the landscaped areas adjacent to and/or near mitigation/open space areas and within or adjacent to stream channels (minimum 100 foot setback from open space areas and 150 foot setback from stream channels). Invasive nonnative plant species not to be used include those species listed on the "California Invasive Plant Inventory, February 2006" and the "February 2007 Inventory Update", (which are updates to Lists A & B of the California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999"). This list includes: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, bush lupine, sweet alyssum, English ivy, French broom, Scotch broom, Spanish broom, and pepperweed. A copy of the complete list can be obtained by contacting the California Invasive Plant Council by phone at (510) 843-3902, at their website at www.cal-ipc.org, or by email at info@cal-ipc.org. 2.12 Best Management Practices. Permittee shall actively implement Best Management Practices (BMPs) to prevent erosion and the discharge of sediment and pollutants into streams during project activities. BMPs shall be monitored and repaired if necessary to ensure maximum erosion, sediment, and pollution control. Permittee shall prohibit the use of erosion control materials potentially harmful to fish and wildlife species, such as mono -filament netting (erosion control matting) or similar material, within and adjacent to CDFW jurisdictional areas. All fiber rolls, straw wattles, and/or hay bales utilized within and adjacent to the project site shall Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 11 of 17 be free of nonnative plant materials. Fiber rolls or erosion control mesh shall be made of loose -weave mesh that is not fused at the intersections of the weave, such as jute, or coconut (coir) fiber, or other products without welded weaves. Non -welded weaves reduce entanglement risks to wildlife by allowing animals to push through the weave, which expands when spread. 2.13 Pollution and Litter. Permittee shall comply with all litter and pollution laws. All contractors, subcontractors, and employees shall also obey these laws and it shall be the responsibility of Permittee to ensure compliance. 2.13.1 Permittee shall not allow water containing mud, silt, or other pollutants from grading, aggregate washing, or other activities to enter a lake, streambed, or flowing stream or be placed in locations that may be subjected to high storm flows. 2.13.2 Spoil sites shall not be located within a lake, streambed, or flowing stream or locations that may be subjected to high storm flows, where spoil shall be washed back into a lake, streambed, or flowing stream where it will impact streambed habitat and aquatic or riparian vegetation. 2.13.3 Raw cement/concrete or washings thereof, asphalt, paint, or other coating material, oil or other petroleum products, or any other substances which could be hazardous to fish and wildlife resources resulting from project related activities shall be prevented from contaminating the soil and/or entering the waters of the State. These materials, placed within or where they may enter a lake, streambed, or flowing stream by Permittee or any party working under contract or with the permission of Permittee, shall be removed immediately. 2.13.4 No broken concrete, cement, debris, soil, silt, sand, bark, slash, sawdust, rubbish, or washings thereof, oil or petroleum products, or other organic or earthen material from any construction or associated activity of whatever nature shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any lake, streambed, or flowing stream. 2.13.5 No equipment maintenance shall be done within or near any lake, streambed, or flowing stream where petroleum products or other pollutants from the equipment may enter these areas under any flow. 2.14 Lighting Impacts. Lighting shall be minimized and designed to prevent spillover onto adjacent habitat. All lighting and fencing for infrastructure adjacent to Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 12 of 17 jurisdictional areas shall be designed or reviewed by a qualified biologist to allow wildlife to move without hindrance. 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 Habitat Restoration, Conservation, and Lone -Term Management - Offsite. Permittee shall contribute sufficient funds to the Riverside -Corona Resource Conservation District or other CDFW-approved entity for the restoration, conservation, and long-term management (in perpetuity) of 6.632 acres of streambed and associated habitat within the upper Santa Ana River Watershed. Habitat "restoration" activities shall include: erosion control and minor grading where appropriate; removal of nonnative plant species, trash, and debris; installation of temporary irrigation; and the installation of riparian and riparian - upland transitional plant species where appropriate. Permittee shall provide proof of purchase for the restoration of 3.36 acres and to CDFW for approval prior to commencement of Phase 1 project activities and no later than August 1, 2015. Permittee shall provide proof of purchase for the restoration of 3.272 acres to CDFW for approval no less than 3 months prior to commencement of Phase 2 project activities. 4. Reporting Measures Permittee shall meet each reporting requirement described below. 4.1 Notification to CNDDB. If any sensitive species are observed on or in proximity to the project site, or during project surveys, Permittee shall submit California Natural Diversity Data Base (CNDDB) forms and maps to the CNDDB within five working days of the sightings, and provide the regional CDFW office with copies of the CNDDB forms and survey maps. The CNDDB form is available online at: http://www.dfg.ca.gov/biogeodata/cnddb/pdfs/CNDDB_ FieldSurveyForm.pdf. This information shall be mailed within five days to: California Natural Diversity Data Base, 1807 13th Street, Suite 202, Sacramento, CA 95814, Phone (916) 324- 3812. A copy of this information shall also be mailed within five days to CDFW Inland Deserts Region, 78078 Country Club Drive, Suite 109, Bermuda Dunes, CA 92203. Please reference SAA# 1600-2012-0121-R6. 4.2 Notification of Start and End of Construction. The Permittee shall notify CDFW, in writing, at least five (5) days prior to initiation and at completion of project activities in jurisdictional areas. Notification shall be mailed to CDFW Inland Deserts Region, 78078 Country Club Drive, Suite 109, Bermuda Dunes, CA 92203. Please reference SAA# 1600-2012-0121-R6. Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 13 of 17 CONTACT INFORMATION Any communication that Permittee or CDFW 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 CDFW specifies by written notice to the other. To Permittee: Rebecca Deming City of Beaumont 550 E. 6th Street Beaumont, CA 92223 (951) 769-6999 To CDFW: California Department of Fish and Wildlife Inland Deserts Region 78078 Country Club Drive, Suite 109 Bermuda Dunes, CA 92203 Notification #1600-2012-0121-R6 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 CDFW's endorsement of, or require Permittee to proceed with the project. The decision to proceed with the project is Permittee's alone. SUSPENSION AND REVOCATION CDFW 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 CDFW 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 CDFW suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 14 of 17 to a directive to immediately cease the specific activity or activities that caused CDFW to issue the notice. ENFORCEMENT Nothing in the Agreement precludes CDFW 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 CDFW'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. AMENDMENT CDFW may amend the Agreement at any time during its term if CDFW 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 CDFW and Permittee. To request an amendment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the corresponding amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 15 of 17 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 CDFW 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 CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the minor amendment fee identified in CDFW'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 CDFW a completed CDFW "Request to Extend Lake or Streambed Alteration" form and include with the completed form payment of the extension fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). CDFW 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 (FGC section 1605(f)). EFFECTIVE DATE The Agreement becomes effective on the date of CDFW's signature, which shall be: 1) after Permittee's signature; 2) after CDFW complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the applicable FGC section 711.4 filing fee listed at http://www.dfg.ca.gov/habcon/ceqa/ceqa—changes.html. TERM This Agreement shall expire on December 31, 2016, 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. Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 16 of 17 r_- " VV061:7 Ill I'1 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 CDFW in accordance with FGC section 1602. Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 17 of 17 CONCURRENCE The undersigned accepts and agrees to comply with all provisions contained herein. FOR THE CITY OF BEAUMONT tzalbeth rtiaga Acting City Manager FOR DEPARTMENT OF FISH AND WILDLIFE Date Bruce Kinney Date Acting Environmental Program Manager Prepared by: Claire Ingel Environmental Scientist Notification #1600-2012-0121-R6 (Revision 4) Streambed Alteration Agreement Page 17 of 17 CONCURRENCE The undersigned accepts and agrees to comply with all provisions contained herein. FO HE CITY OF BEAUMONT fhzabeth U , iaga Date Acting City Manager FOR DEPARTMENT OF FISH AND WILDLIFE KY*1491� M -0-r- qllf I �Aom Bruce Kinney Date Acting Environmental Program Manager Prepared by: Claire Inge[ Environmental Scientist