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Home My WebLink AboutSUP 07-03; HANSON AGGREGATES PACIFIC SOUTHWEST; VARIOUS ENVIRONMENTAL; 2011-06-07SC/f t70, California Region al Water Quality Control Board San Diego Region Over 50 Years Serving San Diego, Orange, and Riverside Counties Linda S. Adams Recipient of the 2004 Environmental Award for Outstanding Achievement from USEPA Acting Secretary for Edmund C. Brown Jr. Environmental Protection 9174 Sky Park Court, Suite 100, San Diego, California 92123-4353 Governor (858)467.2952 • Fax (858) 571.6972 http:// www.waterboanls.ca.gov/sandiego June 7, 2011 Marvin Howell Certified Mail - Return Receipt Requested Article Number: 7010 1060 0000 4952 7990 Hanson Aggregates Pacific Southwest, Inc. In reply refer to: 1955 Ventana Way 750119: amonji El Cajon, CA 92020 Subject: Action on Request for Clean Water Act Section 401 Water Quality Certification for the Former South Coast Quarry Amended Reclamation Plan Water Quality Certification No. 0IOC-018. Dear Mr. Howell: Enclosed find Clean Water Act Section 401 Water Quality Certification for discharge to• Waters of the United States and acknowledgment of enrollment under State Water Resources Control Board Order No. 2003-01 7-DWQ for the Former South Coast Quarry Amended Reclamation Plan Project (Project). A description of the Project and Project location can be found in theproject information sheet, location map, and site maps which are included as Attachments I through 5 of this certification. Any petition for reconsideration of this Certification must be filed with the State Water Resources Control Board within 30 days of certification action (23 CCR § 3867). If no petition is received, it will be assumed that you have accepted and will comply with all the conditions of this Certification. Failure to comply with all conditions of this Certification may subject you to enforcement actions by the California Regional Water Quality Control Board, San Diego Region (San Diego Water Board), including administrative enforcement orders requiring you to cease and desist from violations, or to clean up waste and abate existing or threatened conditions of pollution or nuisance; administrative civil liability in amounts of up to $10,000 per day per violation; referral to the State Attorney General for injunctive relief; and, referral to the District Attorney for criminal prosecution. California Environmental Protection Agency SO Recycled Paper Marvin Howell Page 2 of 2 June 7, 2011 1OC-018 In the subject line of any response, please include the requested "In reply refer to: information located in the heading of this letter. For questions pertaining to the subject matter, please contact Alan Monji at (858) 637-7140 or amonji@waterboards.ca.gov. Respectfully, DAVID W. GIBSON Executive Officer Enclosures: Clean Water Act Section 401 Water Quality Certification No. IOC-018 for Former South Coast Quarry Amended Reclamation Plan project, with 5 attachments cc: Refer to Attachment 2 of Certification IOC-018 for Distribution List. Tech Staff Info & Use File No. IOC-018 WDID 9-000002038 Reg. Measure ID 373329 Place ID 750119 Party ID 521422 3 California Regional Water Quality Control Board San Diego Region 4a Linda S. Adams Over 50 Years Serving San Diego, Orange, and Riverside Counties Edmund G. Brown Jr. Acting Secretaiy for Recipient of the 2004 Environmental Award for Outstanding Achievement from USEPA Governor Environmental Protection 9174 Sky Park Court, Suite 100, San Diego, California 921234340 (858) 467-2952 • Fax (858) 571-6972 http:l/ www.waterboamls.ca.gov/sandiego Action on Request for Clean Water Act Section 401 Water Quality Certification and Waste Discharge Requirements for Discharge of Dredged and/or Fill Materials PROJECT: Former South Coast Quarry Amended CIWQS Reclamation Plan, Certification Number Reg. Meas. ID: 373329 IOC-018, WDID: 9 000002038 Place ID: 750119 Party ID: 521422 APPLICANT: Marvin Howell Hanson Aggregates Pacific Southwest, Inc. 1955 Ventana Way El Cajon, CA 92020 ACTION: o Order for Low Impact Certification 0 Order for Denial of Certification 0 Order for Technically-conditioned 0 Waiver of Waste Discharge Certification Requirements 11 Enrollment in SWRCB GWDR U Enrollment in Isolated Waters Order Order No. 2003-017 DWQ No. 2004-004 DWQ PROJECT DESCRIPTION: The Former South Coast Quarry Amended Reclamation Plan Project (Project) is located in the cities of Carlsbad and Oceanside along Buena Vista Creek south of State Route 78 (SR 78) and west of College Blvd. Buena Vista Creek is an existing east to west trending perennial stream channel along the south side of SR 78. The Project site is approximately 104.2 acres with 100.1 acres in the City of Carlsbad and 4.1 acres in the City of Oceanside. Approximately 28.22 acres of the site are designated for preservation as open space. The reclamation project includes re-grading portions of the Buena Vista Creek channel at its current location to expand the width of the channel bottom and create earthen slopes along both sides. The total channel cross-section will include a low flow channel, an expanded channel riparian zone, overbank terraces, and an upland zone. The existing 35 to 80 foot channel bottom will be left intact over approximately 750 feet of its length, with areas adjacent to the channel being graded down to approximately the existing channel bottom. The California Environmental Protection Agency The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list ofsimple ways you can reduce demand and cut your energy costs, see our Web-site at http://www.swrcb.ca.gov. Recycled Paper Former South Coast Quarry File No. 10C-018 resulting total channel bottom width is 150 feet. Overbank terraces will be added to both sides of the channel resulting in an overall channel width of approximately 197 feet. - Seven rock drop structures ranging from one to three feet in height at the center of the creek will be constructed at irregular intervals along the channel. Each structure will extend across the channel bottom and up the adjacent banks to at least one foot above the 100-year water surface elevations. The stepped profile would allow the 100-year flow velocities to be maintained below erosive threshold throughout the proposed channel between the drop structures. The upper and lower two drop structures will be partially grouted rip rap with filter fabric underneath. The middle three drop structures will be ungrouted rip rap with granular filter. S The entire length of the channel bottom will be seeded and planted with a variety of nparian, woodland, and scrub vegetation and contain a meandering low-flow channel. The project also includes grading work north and south of Buena Vista Creek to create two unpaved gently sloping pads. Project grading will be limited to areas previously disturbed by mining activities. The current project does not propose development of the site other than the channel widening and pad grading. The pads will contain desiltation basins and be hydroseeded for erosion control. Any future development will be required to comply with the Construction and Municipal Storm Water NPDES permits standards applicable at that time.- The construction of the drop structures will permanently impact 0.40 acres (660 linear feet) of wetland waters of the United States and/or State and temporarily impact 0.56 acres (575 linear feet) of wetland waters of the United States and/or State. Mitigation includes the onsite creation of 1.68 acres, rehabilitation of 0.36 acres, and enhancement of 1.04 acres, totaling 3.08 acres of wetland waters of the United States and/or State. In the eastern portion of the project site, a 100. foot upland sage scrub buffer will be established from the toe of the slope of the restored channel on both the north and south sides of the creek and upstream to the property boundary. In the western portion of the project site, a,100 foot buffer will be established outside the preservation and enhancement areas and downstream to the project boundary. 2 Former South Coast Quarry File No. 1OC-018 TABLE OF CONTENTS STANDARD CONDITIONS: .............................................................................. 4 ADDITIONAL CONDITIONS: GENERAL .........................................................4 Ill. ADDITIONAL CONDITIONS: CONSTRUCTION BEST MANAGEMENT PRACTICES................................................................................................ . ........ 6 ADDITIONAL CONDITIONS: POST CONSTRUCTION BEST MANAGEMENT PRACTICES ...............................................................................7 ADDITIONAL CONDITIONS: COMPENSATORY MITIGATION......................8 MONITORING REQUIREMENTS: ................................................................ 12 NOTIFICATION REQUIREMENTS: ............................................................. 13 VIII. REPORTING REQUIREMENTS ................................................................15 CEQA FINDINGS: .................. ......................... . .............................................. 18. PUBLIC NOTIFICATION OF PROJECT APPLICATION: .............................. 18 SAN DIEGO WATER BOARD CONTACT PERSON: ....................................18 WATER QUALITY CERTIFICATIONS ............................................................19 3 Former South Coast Quarry File No. IOC-018 I. STANDARD CONDITIONS: The following three standard conditions apply to all Certification actions, except as noted under Condition 3 for denials (Action 3). This Certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to section 13330 of the California Water Code and section 3867 of Title 23 of the California Code of Regulations (23 CCR). This Certification action is not intended and must not be construed to apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license unless the pertinent Certification application was filed pursuant to 23 CCR subsection 3855(b) and the application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. The validity of any non-denial Certification action (Actions I and 2) must be conditioned upon total payment of the full fee required under 23 CCR section 3833, unless otherwise stated in writing by the certifying agency. II. ADDITIONAL CONDITIONS: GENERAL Water Quality Certification No. IOC-018 (Certification) is only valid if the project begins no later than 5 (five) years from the date of issuance. If the project has not begun within 5 years from the date of issuance, then this Certification expires. Hanson Aggregates Pacific Southwest, Inc. must comply with the requirements of State Water Resources Control Board Water Quality. Order No. 2003-001 7-DWQ, Statewide General Waste Discharge Requirements for Discharges of Dredged or Fill Material that have Received State Water Quality Certification. These General Waste Discharge Requirements are accessible at: httx//www.waterboards.ca.gov/water issues/Drograms/cwa40l/docs/gene ralorders/go wdr401reuIated proiects.Idf. Hanson Aggregates Pacific Southwest, Inc. must, at all times, fully comply with the engineering plans, specifications and technical reports submitted to the California Regional Water Quality Control Board, San Diego Region (San Diego Water Board), to support this Certification and all subsequent submittals required as part of this Certification and as described in Attachment 1. The conditions within this Certification must supersede Former South Coast Quarry File No. 1OC-018 conflicting provisions within such plans submitted prior to the Certification action. Any modifications thereto, would require notification to the San . . Diego Water Board and reevaluation for individual Waste Discharge .. Requirements and/or Certification amendment. D. During construction, Hanson Aggregates Pacific Southwest, Inc. must maintain a copy of this Certification at the project site so as to be available at all times to site personnel and agencies. E. Hanson Aggregates Pacific Southwest, Inc. must permit the San Diego Water Board or its authorized representative at all times, upon presentation of credentials: Entry onto project premises, including all areas on which wetland fill or wetland mitigation is located or in which records are kept. Access to copy any records required to be kept under the terms and conditions of this Certification. . Inspection of any treatment equipment, monitoring, equipment, or monitoring method required by this Certification Sampling of any discharge or surface water covered by this Certification. . F. In the event of any violation or threatened violation of the conditions of this Certifiôation, the violation or threatened violation must be subject to any remedies, penalties, process or sanctions as provided for under State law. For purposes of section 401(d) of the Clean Water Act, the applicability of any State law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this Certification. . G. In response to a suspected violation of any condition of this Certification, the San Diego Water Board may, pursuant to California Water Code (CWC) sections 13267 and 13383, require the holder of any permit or license subject to this Certification to investigate, monitor, and report information on the violation. The only restriction is that the burden, including costs of preparing the reports, must bear a reasonable relationship to the need for and the benefits to be obtained from the reports. . . H. In response to any violation of the, conditions of this Certification, the San Diego Water Board may modify the conditions of this Certification as appropriate to ensure compliance. 5 Former South Coast Quarry File No. 1OC-018 I. To protect rare, threatened, or endangered species the Hanson Aggregates Pacific Southwest, Inc. must implement all Conservation Measures included in the United States Fish and Wildlife Service Section 7 Consultation. III. ADDITIONAL CONDITIONS: CONSTRUCTION BEST MANAGEMENT PRACTICES Prior to the start of the project, and annually thereafter, Hanson Aggregates Pacific Southwest, Inc. must educate all personnel on the requirements in this Certification, pollution prevention measures, spill response measures, and Best Management Practices (BMPs) implementation and maintenance. Hanson Aggregates Pacific Southwest, Inc. must, at all times, maintain appropriate types and sufficient quantities of materials on-site to contain any spill or inadvertent release of materials that may cause a condition of pollution or nuisance if the materials reach waters of the United States and/or State. Hanson Aggregates Pacific Southwest, Inc. must enroll in and comply with the requirements of State Water Resources Control Board Water Quality Order No. 2009-0009-DWQ, the General Permit for Storm Water Discharges Associated with Constrdction Activity. The treatment, storage, and disposal of wastewater during the life of the project must be done in accordance with waste discharge requirements established by the San Diego Water Board pursuant to CWC § 13260. Discharges of concentrated flow during construction or after completion must not cause downstream erosion or damage to properties or stream habitat. Water containing mud, silt, or other pollutants from equipment washing or other activities, must not be discharged to waters of the United States and/or-State or placed in locations that may be subjected to storm flows. All surface waters, including ponded waters, must be diverted away from areas undergoing grading, construction, excavation, vegetation removal, and/or any other activity which may result in a discharge to the receiving water. Diversion activities must not result in the degradation of beneficial uses or exceedance of water quality objectives of the receiving waters. Any temporary dam or other artificial obstruction constructed must only be built from materials such as clean gravel which will cause little or no N. Former South Coast Quarry File No. 100-018 siltation. Normal flows must be restored to the affected stream immediately upon completion of work at that location. All areas that have 14 or more days of inactivity must be stabilized within 14 days of the last activity. Hanson Aggregates Pacific Southwest, Inc. and subsequent owners are responsible for implementing and maintaining BMPs to prevent erosion of the rough graded areas from causing adverse effects to beneficial uses. After completion of grading, all areas must be revegetated with native species appropriate for the area. The revegetation palette must not contain any plants listed on the California Invasive Plant Council Invasive Plant Inventory, which can be found online at hftp://www.cal-ipc.o[g/iP/inventory/weedlist.php. Substances hazardous to aquatic life including, but not limited to, petroleum products, raw cement/concrete, asphalt, and coating materials, must be prevented from contaminating the soil and/or entering waters of the United States/State. BMPs must be implemented to prevent such discharges during each project activity involving hazardous materials. Removal of vegetation must occur by hand, mechanically, or using EPA approved herbicides deployed using applicable BMPs to prevent impacts to beneficial uses of waters of the State. Use of aquatic pesticides must be done in accordance with State Water Resources Control Board Water Quality Order No. 2004-0009-DWQ, and any subsequent reissuance as applicable. Removal of vegetation must occur outside of the avian nesting season (March 15- August 31). IV. ADDITIONAL. CONDITIONS: POST-CONSTRUCTION BEST MANAGEMENT PRACTICES Hanson Aggregates Pacific Southwest, Inc. shall not allow post- construction discharges to cause onsite or offsite downstream erosion, and/or damage to properties or damage to stream habitats in Buena Vista Creek that will receive post-construction discharges from project site. All storm drain inlet structures within the project boundaries must be stamped and/or stenciled (or equivalent) with appropriate language prohibiting non-storm water discharges. All post-construction BMPs, including those described in the Storm Water Management Plan for Hanson Aggregates' Former South Coast Quarry Amended Reclamation Plan dated May 6, 2011, prepared by Chang Consultants, must be implemented, installed, and functional prior to construction completion and maintained in perpetuity. 7 Former South Coast Quarry File No. 1OC-018 D. For all post-construction BMPs, including but not limited to, two biofilter swales and three desiltation basins, as described in the Storm Water Management Plan for Hanson Aggregates' Former South Coast Quarry Amended Reclamation Plan dated May 6, 2011, prepared by Chang Consultants; and storm water discharge points, Hanson Aggregates Pacific Southwest, Inc. must: No less than one time per year, assess the performance of the systems on protection of the receiving waters and identify any necessary corrective measures; Have all preventive and corrective maintenance performed; Maintain a log documenting all BMP inspections and maintenance activities. E. The desiltation basins must be designed, constructed, and maintained in accordance with the most recent California Stormwater Quality Association guidance for extended detention basins. Maintenance activities shall include, but are not limited to: Semiannual inspection for the beginning and end of the wet season for standing water, slope stability, sediment accumulation, trash and debris, and presence of burrows; Removal of accumulated trash and debris in the basin as needed to ensure proper functioning of the basin; and Yearly inspection of accumulated sediment volume. Accumulated sediment should be removed and the basin re-graded when the accumulated sediment volume exceeds 10 percent of the basin volume. . V. ADDITIONAL CONDITIONS: COMPENSATORY MITIGATION A. Mitigation for permanent discharges to 0.40 acres (660 linear feet) of wetland waters of the United States and/or State, and temporary impacts to 0.56 acres (575 linear feet) of wetland waters of the United States and/or State, must be achieved as described in the draft Quarry Creek Reclamation Project, prepared by Helix Environmental Planning, Inc. and dated January 26, 2010 (and any subsequent versions reviewed by the San Diego Water Board). The total mitigation area shall encompass 3.08 acre's for waters of the United State and/or State and must include: . :. Former South Coast Quarry File No. 10C-018 Creation of a minimum of 1.68 acres of wetland waters of the United States and/or State. Creation will occur through widening, benching, and the planting of the streambed within the project site and in areas adjacent to the project impacts. Rehabilitation of 0.36 acres of wetland waters of the United States and/or State. Rehabilitation will occur through widening, benching and the planting of the streambed within the project site and in areas adjacent to the project impacts. The areas for rehabilitation will be, areas temporarily impacted by the mitigation construction.. Enhancement of a minimum of 1.04 acres of wetland waters of the United States and/or State. Enhancement will occur by removing an estimated 1.04 acres of invasive plant species. After removal, these areas will be seeded and/or have native cuttings installed. In the eastern portion of the project site, a'lOO foot upland sage scrub buffer will be established from the toe of the slope of the restored channel on both the north and south sides of the creek and upstream to the property boundary. In the western portion of the project site, a 100 foot buffer will be established outside the designated preservation and enhancement areas and downstream to the project boundary. Hanson Aggregates Pacific Southwest, Inc. must restore all areas of temporary impacts within the creek channel which could result in a discharge or a threatened discharge to waters of the United States and/or State. Riparian restoration must include grading of disturbed areas to design contours appropriate for revegetation with native species. Hanson Aggregates Pacific Southwest, Inc. must implement all necessary BMPs to control erosion and runoff from areas associated with this project. The construction of proposed mitigation must be concurrent with project grading and completed no later than 9 months following the initial discharge of dredge or fill material into on-site waters. Delays in implementing mitigation must be compensated for by an increased' mitigation implementation of 10% of the cumulative compensatory mitigation for each month of delay. Hanson Aggregates Pacific Southwest, Inc. must salvage leaf litter, coarse woody debris, and upper soil horizons from impacted jurisdictional water sites that are relatively free of invasive exotic species for use in on-site mitigation areas. The mitigation site, including the areas within the drop structures; must be designed and constructed to meet the following conditions: Former South Coast Quarry File No. 1OC-018 Most of the channel through the mitigation site is characterized by equilibrium conditions, with no evidence of severe aggradation or degradation; As viewed along cross-sections, the channel and buffer have a variety of slopes, or elevations, that are characterized by different moisture gradients. Each sub-slope contains physical patch types or features that contribute to irregularity in height, edges, or surface and to complex topography overall; The mitigation site has a well-developed plant community characterized by a high degree of horizontal and vertical interspersion among plant zones and layers; and . Two of the upper and two of the lower grade control drop structures will be made of natural rock with partial grouting. The remaining three middle drop structures shall be natural rock with natural granular filtration. Throughout the mitigation monitoring program, mitigation areas must be maintained free of perennial exotic plant species including, but not limited to, pampas grass, giant reed, tamarisk, sweet fennel, tree tobacco, castor bean, and pepper tree. Annual exotic plant species must not occupy more than 5 percent of the on-site or off-site mitigation areas. San Diego Water Board acceptance of the final mitigation plan applies only to the Project described in this Certification must not be construed as approval for other current or future projects that are planning to use additional acreage at the site for mitigation. Any maintenance activities that do not contribute to the success of the mitigation site and enhancement of beneficial uses and ecological functions and services are prohibited. Maintenance activities are limited to the removal of trash and debris, removal of exotic plant species, replacement of dead native plant species and remedial, measures deemed necessary for the success of the restoration program. If at any time during the implementation and establishment of the mitigation area(s), and prior to verification of meeting success criteria, a catastrophic natural event (e.g., fire, flood) occurs and impacts the mitigation area, Hanson Aggregates Pacific Southwest, Inc. is responsible for repair and replanting of the damaged area(s) For the purpose of determining mitigation credit for the removal of exotic/invasive plant species, only the actual area occupied by 10 Former South Coast Quarry File No. 1OC-018 exotic/invasive plant species must be quantified to comply with mitigation requirements.. K. Prior to the start of construction, Hanson Aggregates Pacific Southwest, Inc. must provide the San Diego Water Board a draft preservation mechanism (e.g. deed restriction, conservation easement, etc.) that will protect all mitigation areas and their buffers in perpetuity. Within one year of the issuance of this Certification, Hanson Aggregates Pacific Southwest, Inc. must submit proof of a completed final preservation mechanism that will protect all mitigation areas and their buffers in perpetuity. Construction of the site must not be initiated until a completed preservation mechanism is received. The conservation easement, deed restriction, or other legal limitation on the mitigation property must be adequate to demonstrate that the site will be maintained without future development or encroachment on the site which could otherwise reduce the functions and values of the site for the variety of beneficial uses of waters of the U.S. that it supports. The legal limitation must prohibit, without exception, all residential, commercial, industrial, institutional, and transportation development, and any other infrastructure development that would not maintain or enhance the wetland and streambed functions and values of the site. The preservation mechanism must clearly prohibit activities that would result in soil disturbance or vegetation removal, other than the removal of non-native vegetation. Other infrastructure development to be prohibited includes, but is not limited to, additional utility lines, maintenance roads, and areas of maintained landscaping for recreation. L.. For purposes of this Certification, establishment is defined asthe creation' of vegetated or unvegetated waters of the United States/State where the resource has never previously existed (e.g. conversion of nonnative grassland to a freshwater marsh). Restoration is divided into two activities, re-establishment and rehabilitation. Re-establishment is defined as the return of natural/historic functions to a site where vegetated or unvegetated waters of the United States/State previously existed (e.g., removal of fill material to restore a drainage). Rehabilitation is defined as the improvement of the general suite of functions of degraded vegetated or unvegetated waters of the United States/State (e.g., removal of a heavy infestation or monoculture of exotic plant species from jurisdictional areas and replacing with native species). Enhancement is defined as the improvement to one or two functions of existing vegetated or unvegetated waters of the United States/State (e.g., removal of small patches of exotic plant species from an area containing predominantly natural plant species). Preservation is defined as the acquisition and legal protection' from future impacts in perpetuity of existing vegetated or unvegetated waters of the United States/State (e.g., conservation easement). 11 Former South Coast Quarry File No. 1OC-018 A. MONITORING REQUIREMENTS: Prior to construction initiation, Hanson Aggregates Pacific Southwest, Inc. shall develop a monitoring plan that contains the following elements for approval by the San Diego Water Board Executive Officer: Benthic Macroinvertebrate Community Analysis Bioassessmer,t monitoring must be performed using the professional level non-point source protocol of the California Stream Bioassessment procedure' to assess effects of the project on the biological integrity of receiving waters. At a minimum, bioassessment monitoring must be performed at three sites (assessment stations) on Buena Vista Creek (as flow permits) before project initiation, and then on years three and five, during the established "index period" for the Buena Vista Creek watershed. The first assessment station is the reference station, which must be located upstream of the discharge from the project site on Buena Vista Creek in a reference area; the second assessment station must be located immediately within the area of the discharge (i.e. between the drop' structures) Buena Vista Creek; the third assessment station must be located immediately downstream of the discharge from the discharge from the project site on Buena Vista Creek. The reference station upstream of the project discharge must be located and sampled concurrently with second and third assessment stations. The results of the Benthic Macroinvertebrate Community Analysis must be submitted with the respective Annual Progress Report. Water Quality Assessment Hanson Aggregates Pacific Southwest, Inc. must perform water quality sampling and analysis for pH, temperature, turbidity, dissolved oxygen, and selenium. Water quality sampling must also include gasoline and diesel as long as the remediation sediment piles are located on the site. At a minimum, sampling must be conducted once each year. Water quality sampling must be coordinated with the Benthic Macroinvertebrate' Community, Analysis (section VI.A above) in the appropriate monitoring years. The results of the water quality assessment must be submitted each year with the Annual Progress Report. Where procedures are not otherwise specified for the Receiving Water Quality Monitoring Program, sampling, analysis, and quality assurance/quality control must be conducted in accordance with the Surface Water Ambient Monitoring Program (SWAMP) Quality Assurance 1 Copies of the California Stream Bioassessment Procedure can be obtained at http://www.dtq.ca.gov/cabw/cabwhome.html. Additional Information on Stream bioassessment may be obtained at httixI/www.waterboards.ca.pov/rwgcb9/water issues/proprams/bioassessment/index.shtml 12 Former South Coast Quarry 0 File No. 1Oc-018 Program Plan (QAPrP)2 for the State of California's Surface Water Ambient Monitoring Program, adopted by the State Water Resources Control Board. California Rapid Assessment Method Hanson Aggregates Southwest, Inc. must conduct a quantitative function- based assessment of the health of wetland and riparian habitats to establish baseline conditions, set success criteria, and assess mitigation site progress in Buena Vista Creek using the California Rapid Assessment Method (CRAM)3 at the three assessment stations described above (in section Vl.A) prior to the start of construction and then three and five years following, construction completion and continue until success criteria have been met. The results of the CRAM assessment must be submitted with the respective Annual Progress Reports. The San Diego Water Board may make revisions to the Receiving Water monitoring program at any time during the five year monitoring term, and may include a reduction or increase in the number of parameters to be monitored, locations monitored, the frequency of monitoring, or the number and size of samples collected. VII. NOTIFICATION REQUIREMENTS: Hanson Aggregates Pacific Southwest, Inc. must report to the San Diego Water Board any noncompliance which may endanger human health or the environment. Any information shall be provided orally within 24 hours from the time the Hanson Aggregates Pacific Southwest, Inc. becomes aware of the circumstances. A written submission shall also be provided within five (5) days of the time the Hanson Aggregates Pacific Southwest, Inc. becomes aware of the circumstances. The written submission shall contain a description of the incident and its cause, the period of the noncompliance including exact dates and times, and if the and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The San Diego Water Board may waive the above-required written report under this provision on a case-by-case basis if an oral report has been received within 24 hours. This Certification is not transferable in its entirety or in part to any person except after notice, to the Executive Officer of the San Diego Water Board 2 The Quality Assurance Program Plan is available on the State Water Board's SWAMP website at http://www.waterboards.ca.gov/water_issues/programs/swam p/docs/qapp/qaprp082209.pdf Information on CRAM is available at the California Rapid Assessment Method homepage at http://www.cramwetlands.org/ 0 13 Former South Coast Quarry File No. 1OC-018 in accordance with the following terms. Transfer of Property Ownership: Hanson Aggregates Pacific Southwest, Inc. must notify the San Diego Water Board of any change in ownership of the project area. Notification of change in ownership must include, but not be limited to a statement that Hanson Aggregates Pacific Southwest, Inc. has provided the purchaser with a copy of the Section 401 Water Quality Certification and that the purchaser understands and accepts the certification requirements and the obligation to implement them or be subject to liability for failure to do so. The seller and purchaser must sign and date the notification and provide such notification to the Executive Officer of the San Diego Water Board within 10 days of the transfer of ownership.. Transfer of Mitigation Responsibility: Any notification of transfer of responsibilities to satisfy the mitigation requirements set forth in Section V of this Certification must include a signed statement from an authorized representative of the new party (transferee) demonstrating acceptance and understanding of the responsibility to comply with and fully satisfy the mitigation conditions and agreement that failure to comply with the mitigation conditions and associated requirements may subject the transferee to enforcement by the San Diego Water Board under Water Code section 13385, subdivision (a). Notification of transfer of responsibilities meeting the above conditions must be provided to the San Diego Water Board within 10 days of the transfer date. Transfer of Post-Construction BMP Maintenance Responsibility: Hanson Aggregates Pacific Southwest, Inc. assumes responsibility for the inspection and maintenance of all post-construction structural BMPs until such responsibility is legally transferred to another entity. At the time maintenance responsibility for post-construction BMPs is legally transferred Hanson Aggregates Pacific Southwest, Inc. must submit to the San Diego Water Board a copy of such documentation and must provide the transferee with a copy of a long-term BMP maintenance plan that complies with manufacturer specifications. Notification of transfer of responsibilities meeting the above conditions must be provided to the San Diego Water Board within 10 days of the transfer date. Upon properly noticed transfers of responsibility, the transferee assumes responsibility for compliance with this Certification and references in this Certification to Hanson Aggregates Pacific Southwest, Inc. will be interpreted to refer to the transferee as appropriate. Transfer of responsibility does not necessarily relieve Hanson Aggregates Southwest, Inc. of this Certification in the event that a transferee fails to comply. 14 Former South Coast Quarry File No. 1OC-018 C. Hanson Aggregates Pacific Southwest, Inc. must notify the San Diego Water Board in writing at least 5 days prior to the actual commencement of dredge, fill, and discharge activities. VIII. REPORTING REQUIREMENTS A. Hanson Aggregates Pacific Southwest, Inc. must submit annual progress reports describing status of compliance with all requirements of this Certification to the San Diego Water Board prior to August 1 of each year following the issuance of this Certification until the project has reached completion. Hanson Aggregates Pacific Southwest, Inc. must submit a Final Project Annual Report to the San Diego Water Board prior to August 1 following completion of the project. The reports must include the following: Date of construction initiation. Date of construction completion. Status of BMPs for the project. Final Project Report: As-built drawings no bigger than 11"XI 7." Final Project Report: Photo-documentation of implemented post- construction BMPs. Photo documentation must be conducted in accordance with guidelines posted at hftp://www.waterboards.ca.qov/sandieao/water issues/Droarams/40 I certification/docs/Strea m Photo DocSOP. pdf. In addition, photo documentation must include Global Positioning System (GPS) coordinates for each of the photo points referenced. B. - Hanson Aggregates Pacific Southwest, Inc. must develop and implement a Receiving Waters Monitoring Plan in accordance with section VI of this Certification to evaluate potential adverse effects from Project —related pollutants/stressors to Buena Vista Creek in the Buena Vista Creek Hydrologic Area. The Receiving Waters Monitoring Plan must be developed and submitted to the San Diego Water Board for approval prior to construction commencement with elements of the monitoring plan incorporated as success criteria. The Receiving Waters Monitoring Plan must assess conditions before, during, and after impacts have occurred by measuring changes in benthic macroinvertebrate community, water quality, and a functional assessment of the health of wetland and riparian habitats in Buena Vista Creek. The receiving water monitoring must begin prior to the start of project construction, and the data and analysis must 15 Former South Coast Quarry File No. IOC-018 be submitted with the Annual Progress Repots until all success criteria have been met. Annual reports must be submitted with the Mitigation and Monitoring reports (section Vlll.D). Hanson Aggregates Pacific Southwest, Inc. must submit a Final Enhancement and Mitigation Plan prior to commencement of Project construction. Mitigation monitoring reports must be submitted annually until mitigation has been deemed successful in accordance with the mitigation success criteria in the Wetland Mitigation Plan. Annual monitoring reports must be submitted prior to December 1 of each year. Monitoring reports must include, but not be limited to, the following: Names, statement of qualifications, and affiliations of the responsible lead professionals contributing to the report; Date of initiation of mitigation installation and date mitigation installation was completed. Mitigation as-builts, including topography maps and planting locations. Tables presenting the raw data collected in the field as well as analyses of the physical and biological data; Topographic complexity characteristics at each mitigation site; Upstream and downstream habitat and hydrologic connectivity; Source of hydrology; Width of native vegetation buffer around the entire mitigation site; Qualitative and quantitative compansons of current mitigation conditions with pre-construction conditions and previous mitigation monitoring results. Stream Photodocumentation, including all areas of permanent and temporary impact, prior to and after project construction, and mitigation areas, including all areas of permanent and temporary impact, prior to and after project construction, must be submitted with the mitigation monitoring reports. Photo documentation must be conducted in accordance with guidelines posted at hftp://www.waterboards.ca.goV/sandiego/water issues/programs/401 certification/docs/Stream Photo DocSO P. pd f. In addition, photo 16 • Former South Coast Quarry File NO. 1OC-018 documentation must include Geographic Positioning System (GPS) coordinates for each of the photo points referenced. E. The submittal of information under this Certification is required pursuant to CWC section 13267 and 13383. Civil liability may be administratively imposed by the San Diego Water Board for failure to submit information pursuant to CWC sections 13268 or 13383. F. All reports and information submitted to the San Diego. Water Board must be submitted in both hardcopy and electronic format. The preferred electronic format for each report submission is one file in PDF format that is also Optical Character Recognition (OCR) capable. G. All applications, reports, or information submitted to the San Diego Water Board must be signed and certified as follows: For a corporation, by a responsible corporate officer of at least the level of vice president. For a partnership or sole proprietorship, by a general partner or proprietor, respectively. For a municipality, or a state, federal, or other public agency, by either a principal executive officer or ranking elected official. A duly authorized representative may sign applications, reports, or information if: The authorization is made in writing by a person described above. The authorization specifies either an individual or position having responsibility for the overall operation of the regulated activity. The written authorization is submitted to the San Diego Water Board Executive Officer. H. All applications, reports, or information submitted to the San Diego Water Board must be signed and certified as follows: "I certify under penalty of law that / have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." 17 Former South Coast Quarry File No. 1OC-018 I. Hanson Aggregates Pacific Southwest, Inc. must submit reports required under this Certification, or other information required by the San Diego Water Board, to: Executive Officer California Regional Water Quality Control Board San Diego Region Attn: 401 Certification; Project No. 10C-018 9174 Sky Park Court, Suite 100 San Diego, California 92123 VIII. CEQA FINDINGS: The City of Oceanside is the lead agency under the California Environmental Quality Act (Public Resources Code section 21000, et seq., (CEQA)),and filed Notice of Determination of their Environmental Impact Report (EIR) on January 19, 2011 (SCH# 2005111124). The City of Oceanside has determined the project will have a significant effect on the environment and mitigation measures were made a condition of the project. The San Diego Water Board has reviewed the lead agency's Notice of Determination and also finds that the project as proposed will have a significant effect on the environment and has conditioned mitigation measures accordingly and therefore determines that issuance of this Certification is consistent with the Notice of Determination. IX. PUBLIC NOTIFICATION OF PROJECT APPLICATION: A. On March 4, 2010, receipt of the project application was posted on the San Diego Water Board web site to serve as appropriate notification to the public. No public comments were received. X. SAN DIEGO WATER BOARD CONTACT PERSON: ALAN MONJI California Regional Water Quality Control Board, San Diego Region 9174 Sky Park Court, Suite 100 •. San Diego, CA 92123 (858)-637-7140 amonjiwaterboards.ca.gov. jig Former South Coast Quarry File No. 1OC-018 XI. WATER QUALITY CERTIFICATION: I hereby certify that the proposed discharge from the Former South Coast Quarry Amended Reclamation Plan Project (Project No. IOC-018) will comply with the applicable provisions of sections 301 ("Effluent Limitations"), 302 ("Water Quality Related Effluent Limitations"), 303 ("Water Quality Standards and Implementation Plans"), 306 ("National Standards of Performance"), and 307 ("Toxic and Pretreatment Effluent Standards") of the Clean Water Act. This discharge is also regulated under State Water Board Order No. 2003-0017- DWQ, "Statewide General Waste Discharge Requirements for Dredged or Fill Discharges that have Received State Water Quality Certification (General WDRs)," which requires compliance with all conditions of this Water Quality Certification. Please note that enrollment under Order No. 2003-017-DWQ is conditional and, should new information come to our attention that indicates a water quality problem, the San Diego Water Board may issue waste discharge requirements at that time. Except insofar as may be modified by any preceding, conditions, all Certification actions are contingent on (a) the discharge being limited and all proposed mitigation being completed in strict compliance with the applicants' project description and/or on the attached Project Information Sheet, and (b) on. compliance with all applicable requirements of the Water Quality Control Plan for the San Diego Basin Region (9) (Basin Plan). DAVID W. GIBSON . Date Executive Officer Regional Water Quality Control Board Attachments: . 1. Project Information Distribution ListS , Location Map Site and Mitigation Map 5; Checklist of Required Reports and Notifications 19 Certification Number 10C-018 ATTACHMENT 1 PROJECT INFORMATION Applicant: Hanson Aggregates Pacific Southwest, Inc. Attention: Marvin Howell 1955 Ventana Way, El Cajon, CA 92020 Telephone: 858-577-2770 Email: Marvin.Howell@hanson.biz Applicant Helix Environmental Planning, Inc. Representatives: Attention: Barry Jones 7578 El Cajon Blvd, Suite 100 Telephone: 619-462-1515 Email: barryj@helixepi.com Project Name: Former South Coast Quarry Amended Reclamation Plan Project Location: Project is within the City boundaries of Oceanside and Carlsbad, San Diego County, California, south of State Route 78 (SR 78) and east of College Blvd. Latitude: 330 11'00"N Longitude: 117030'00'W Type of Project: Land reclamation of a former quarry mining operation. Need for Project: Required as part of the applicants reclamation plan. Project Description: The Former South Coast Quarry Amended Reclamation Plan Project (Project) is located in the cities of Carlsbad and Oceanside along Buena Vista Creek south of State Route 78 (SR 78) and west of College Blvd. Buena Vista Creek is an existing east to west trending perennial stream channel along the south side of SR 78. The Project site is approximately 104.2 acres with 100.1 acres in the City of Carlsbad and 4.1 acres in the City of Oceanside. Approximately 28.22 acres of the site are designated for preservation as open space. The reclamation project includes re-grading portions of the Buena Vista Creek channel at its current location to expand the width of the channel bottom and create earthen slopes along both sides. The total channel cross-section will include a low flow channel, an expanded channel riparian zone, overbank terraces, and an upland zone. The existing 35 to 80 foot channel bottom will be left intact over approximately 750 feet of its length, with areas adjacent to the channel being graded down to approximately the existing channel bottom. The resulting total channel bottom width is 150 feet. Certification Number 100-018 Overbank terraces will be added to both sides of the channel resulting in an overall channel width of approximately 197 feet. Seven rock drop structures ranging from one to three feet in height at the center of the creek will be constructed at irregular intervals along the channel. Each structure will extend across the channel bottom and up the adjacent banks to at least one foot above the 100-year water surface elevations. The stepped profile would allow the 1 00-year flow velocities to be maintained below erosive threshold throughout the proposed channel between the drop structures. The upper and lower two drop structures will be• partially grouted rip rap with filter fabric underneath. The middle three drop structures will be ungrouted rip rap with • granular filter. The entire length of the channel bottom will be seeded and planted with a variety of riparian, woodland, and scrub vegetation and contain a meandering low-flow channel. The project also includes grading work north and south of Buena Vista Creek to create two unpaved gently sloping pads. Project grading will be limited to areas previously disturbed by mining activities. The current project does not propose development of the site other than the channel widening and pad grading. The pads will contain desiltation basins and be hydroseeded for erosion control. Any future development will be required to comply with the Construction and Municipal Storm Water NPDES permits standards applicable at that time. • The construction of the drop structures will permanently impact 0.40 acres of wetland waters of the United States and/or State and temporarily impact 0.56 acres of wetland waters of the United States and/or State. Mitigation includes the onsite creation of 1.68 acres, rehabilitation of 0.36 acres, and enhancement of 1.04 acres, totaling 3.08 acres of wetland waters of the United States and/or State. In the eastern portion of the project site, a 100 foot upland sage scrub buffer will be established from the toe of the slope of the restored channel on both the north and south sides of the creek and upstream to the property boundary. In the western portion of the project site, a 100 foot buffer will be established outside the preservation and enhancement areas and downstream to the project boundary Certification Number 10C-018 Federal U.S. Army Corps of Engineers Individual 404 Permit, Michelle Agency/Permit: L. Mattson Other Required California Department of Fish and Game Streambed Regulatory Approvals Alteration Agreement, Marilyn Fluharty California Environmental Quality Act (CEQA) Compliance: Receiving Water: Former South Coast Quarry Amended Reclamation Plan, Environmental Impact Report, Notice of Determination, January 19, 2011, SCH# 2005111124, City of Oceanside. Buena Vista Creek, 904.21 Affected Waters of the Temporary: United States/State: Wetland: 0.56 acres, 575 linear feet Permanent: Wetland; 0.40 acres, 660 linear feet Dredge Volume: None Related Projects NA Implemented/to be Implemented by the Applicant(s): Compensatory Mitigation includes the creation of 1.68 acres, rehabilitation of Mitigation: 0.36 acres, and enhancement of 1.04 acres, totaling 3.08 acres of wetland waters of the United States and/or State. In the eastern portion of the project site, a 100 foot upland sage scrub buffer will be established from the toe of the slope of the restored channel on both the north and south sides of the creek and upstream to the property boundary. In the western portion of the project site, a 100 foot buffer will be established outside the preservation and enhancement areas and downstream to the project boundary. Mitigation work will be done as outlined in the Quarry Creek Reclamation Project. Wetland Mitigation Plan. January 26, 2010 (and any subsequent versions reviewed by the San Diego Water Board), prepared by Helix Environmental Planning, Inc. 3 Certification Number 1OC-018 Mitigation Location: The project is the reclamation and mitigation of the former quarry site. Latitude: 33° 11'00"N ILongitude: 117°30'00'W Best Management Construction: In accordance with the Storm Water Pollution Practices (BMPs): Prevention Plan for Hanson Aggregates' Former South Coast Quarry Amended Reclamation Plan, May 6, 2011 (and any subsequent versions reviewed by the San Diego Water Board) for Risk Level 2 projects, prepared by Chang Consultants. Proposed BMPs include: Gravel Bags Fiber Rolls Silt Fences Stabilized Construction Entrance Desiltation Basins Hydroseeding Post Construction: Post construction BMPswill be in accordance with the Storm Water Management Plan for Hanson Aggregates' Former South Coast Quarry Amended Reclamation Plan, May 6, 2011 (and any subsequent versions reviewed by the San Diego Water Board), prepared by Chang Consultants. BMPs include: Desiltation Basins Biofilter Swales Hydroseeding Stenciling Inlets Minimize Irrigation Public Notice: On March 4, 2010, receipt of the project application was posted on the San Diego Water Board Web site to serve as appropriate notification to the public. No public comments were received. Inspection: NA Fees: Total Due:$0 Total Paid:$1 ,890.50 (check No. 1101966 and 1101967 ) CIWQS: Regulatory Measure ID: 373329 Place ID: 750119 Party ID: 521422 Certification Number 1 OC-Ol 8 Certification Number 10C-018 ATTACHMENT 2 DISTRIBUTION LIST Michelle L. Mattson U.S. Army Corps of Engineers, Regulatory Branch Michelle.L.Mattson@usace.army.mil Marilyn Fluharty California Department of Fish and. Game mfluhartydfc.ca.cov . . U.S. Department of the Interior . .. . Fish and Wildlife Service 6010 Hidden Valley Road . . . . Carlsbad, CA 92011 . . U.S. EPA, OWOW, Region 9 . . 75 Hawthorne St., San Francisco, CA 94105 . . . R9-WTR8- Mai lboxcea.pov . . . . State Water Resources Control Board, Division of Water Quality 401 Water Quality Certification and Wetlands Unit . . •. P.O. Box 100 Sacramento, CA 95812-0100 . . . . Stateboard401 cwaterboardsca.pov . 1OC-018 ATTACHMENT 3 LOCATION MAPS ( RIVERSIDE COUNTY ORANGE ! SAN DIEGO L V(Ii!Lakej - COUNTY; COUNTY •- Fallbrook OWeill Lake Warner Springs Camp Pendleton S Lake Hen shaw \ Oceanside Vista -. I Lake Wohiford ow— 1• San Marcos Escondido / Sutherland \ Carlsbad Lake San Marcos Resen'oir Beach Del Mar Pacific Ocean J 'fP 2 San DiegoV N W E \f11V Imperial '.. Beach 8 4 0 8 Miles 5GiaH11AW-O4 Qumy\Mp\Prmii\FigI_Rcgio.u]n,d -NM Ramona ILake Ramona Poway q San Vicente Lake Pow Mzranzar Resen'o,r El Capiran Resen'o,r Santee Lake Jennings jLakes Alpine El Cajon...J Lake Marro] Resen'oir LaMesa Lemon 1-1 Grove 4V Resemoir MEXICO Tijuana Regional Location Map S FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN E [IX S • • Figurel 1OC-018 ATTACHMENT 4 SITE AND MITIGATION MAPS wit LEGEND Corps Jurisdictional Habitats FWM Freshwater Marsh SCWRF Southern Cottonwood-willow Riparian Forest SWS Southern Willow Scrub RW Riparian Woodland OW Open Water WUS Non-wetland Waters of the U.S. /./ Non-wetland Waters of the U.S. 0 • - (-'---S x;------ r- VFWM-- B (Th \\\A SCWRF ( /o o PURPOSE: Reclamation Project DATUM: MSL ADJACENT PROPERTY OWNERS: See List Attached to Form 4345 PLAN VIEW OF PROPOSED PROJECT FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN 3701 Haymar Drive Carlsbad, CA 92008 WATERBODY: Buena Vista Creek COUNTY: San Diego STATE: CA APPLICANT: Hanson Aggregates Pacific Southwest, Inc. AGENT: HELIX Environmental Planning, Inc. 7578 El Cajon Blvd. Suite 200 La Mesa, CA 91942 USGS Quadrangle: San Luis Rey LAT:33 1100" LONG: ut 30' 00" T:11S R: 4W S: N/A 3 of 15 Date: 05/16/11 . i''T, - it'-,, -,'- • •• -- - / ,-, - U \\\ / / — H - ••:,- •,t:, - --5- '- - --• - --- -. I Riparian Creation - -"-- .-'-• 5/ - __s5 r' - - -- -- - , ,' I1) Riparian Restoration' ,, ':', ' •.,,,//' _,_;_; ' I Riparian Enhancement (Tree Removal) I: Riparian Preservation ) Transitional Benches Upland Creation Planted Rip rap 4 Project Impacts - _ — - 100 Riparian Butter ______________________________ '-I •\ .- Transact Location - - W'ti! - . • - - -, '. • - - '- • - -- • • Additional riparian enhancement and preserve may occur on site beyond the limits shown on this figure. - . - - - - s - - . • • - - - • '- ':' - Note: The total mitigation acreage is slightly higher - 200 100 0 - 200 . - - • ---- - : - • than required to account for a future bridged crossing Feet - -• '- - -• - , - -. • • -, • - - - (approximately 50-feet wide) somewhere along the. - Job NO: HAW-04 Dote: 06/06/11 - •, - -- — - ., - -• - •, . •:... • . • - - -', creek, if required by the future end use of the property. - .5 I' • .• - • - - - - • - .- - • 5'.- - Mitigation Plan fi E[IX QUARRY CREEK 'S .5 S , ,, • 5. - • • . S S -• . : - -,-: -- .-.S.. - - 5; :Jurisdictional- Areas/Impacts: . . --.- II ELI X FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN -, . Figure 5: -5 4 ______ ___________ R& TTNZTfl ULLO ToTMRr TO 5OT Fi4R.O.flELOCiTES. MLM . ril W0006 0 70' O WOE.S • - 0 51 to,20 0 51 10 20 SECTION C-C TI-401JOI-1 I SECTION p-p TOUCOW URIEP, ROUTEP RIFRAP TYPICAL OCKiRIP AP STJCTUE C To,4oiUaCR,O3 00 OA'IRAL • - j;0.1 11W 047005 nT700T 0 TO TAO ron-to tronnoi Inc 004004 PIOS0000404L SlOE 7000 tSP! E40 455100.']. (70004 COCTOT4. 01000(50 T0050.400 (013170 6i4t4S 00313 P47000 LOT 0047051410 54045 a.otonoi 04.j. 410 p40(00070 015 454 nlr.01410. CROSS SECTION E-E THO.JGH UPPER CREEK CHANNEL LONGITUDINAL SECTION LI THCAJGH CHANNEL ---__T - •_i ---------------I5 ......J 1 ...j I ....S___11__I S__ST.. _t___I_ I aaOC70tII Ia a. . U1 1W in. . . cn FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN II[LIX Figure 8 1OC-018 Attachment 5 Checklist of Required Reports and Notifications Required Reports and Submittals Due Date Required Report Required Condition(s) To Be Met Report Received Prior to Commencement of Construction Preservation Mechanism V.K August 1st, Annually Monitoring Reports Vl.A, B, and C August Annually Project Annual Report Vlll.A August 1" After Project Completion Final Annual Project Report VIII.A Prior to Construction Commencement Receiving Water Monitoring Plan VllI.B Prior to Commencement of Construction Final Mitigation Installation Plan Vlll.0 December 1 of Each Year Mitigation Monitoring Report Vlll.D Required Notifications Notification Requirement Required Notification Period Required Condition(s) To Be Met Date Notified Unauthorized Discharge Within 24 Hours of Discharge VILA Transfer of Certification Responsibility Within 10 Days of Transfer Vll.B Dredge or Fill Commencement 5 Days Prior to Commencement Vll.C Consultation for Rare, Threatened, or Endangered Species. Prior to Construction Activities :::~j VII.D Page 1 of 1 nm United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road, Suite 101 Carlsbad, California 92011 In Reply Refer To FWS-SDG-06B0009- 1 1F0040 Colonel R. Mark Toy JUN 102011 District Commander U.S. Army Corps of Engineers, Los Angeles District Regulatory Branch - San Diego Field Office 6010 Hidden Valley Road, Suite 105 Carlsbad, California 92011 Attention: Michelle Mattson (File No. SPL-2008-01131-MLM) Subject: Streamlined Section 7 Consultation on the Amended Reclamation Plan for the South Coast Quarry, Cities of Carlsbad and Oceanside, San Diego County, California Dear Colonel Toy: This is in response to the U.S. Army Corps of Engineers (Corps) request for consultation pursuant to section 7 of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.), regarding the possible effects of the Amended Reclamation Plan for the South Coast Quarry on the federally endangered least Bell's vireo (Vireo belliipusillus, "vireo") and the federally threatened coastal California gnatcatcher (Polioptila calfornica calfornica, "gnatcatcher"). Although not discussed in your request, part of the proposed project occurs in designated critical habitat for the gnatcatcher; thus, this consultation also addresses potential impacts of the project on designated critical habitat for the gnatcatcher. We initiated section 7 consultation for this project on August 30, 2010, the date we received your request. This biological opinion is based on information included in the: 1) Final Environmental Impact Report for the Former South Coast Quarry Amended Reclamation Plan (Helix 2010a); 2) Former South Coast Quarry Amended Reclamation Plan Biological Assessment (Helix 20 lOb); 3) Quarry Creek Reclamation Project Upland Mitigation Plan (Helix 2010c); and 4) Quarry Creek Preserve Management Plan (Helix 2010d); and information contained in our office files. The complete project file for this consultation is maintained at the U.S. Fish and Wildlife Service's (Service) Carlsbad Fish and Wildlife Office (CFWO). The proposed action is the issuance by the Corps of a permit under section 404 of the Clean Water Act to the project proponent, Hanson Aggregates, to impact 0.70 acre (ac) of Corps jurisdictional wetlands and non-wetland waters of the U.S. to implement a reclamation plan for TAKE PRIDE" INAM ERICA Colonel Mark Toy (FWS-SDG-06B0009-1 1F0040) 2 the South Coast Quarry. The 104.2-acre project site is located south of State Route 78 along Buena Vista Creek (Figure 1); 100.1 acres are within the City of Carlsbad and 4.1 acres are within the City of Oceanside. The project includes reclamation and improvements to land previously mined by the South Coast Materials Company (Figure 2 and Figure 3). Activities will include grading portions of Buena Vista Creek. Compared to the historic 50 to 80-foot width of the reach of the creek within the project site, the proposed project will provide an overall width of 194 feet, including a 150-foot wide bottom, transitional 2.5:1 (horizontal to vertical) side slopes or benches, and overbank terraces on both sides of the Creek. Starting at the toe of the slope of the creek bed, a minimum 100-foot biological buffer will be vegetated with coastal sage scrub. The areas outside the biological buffer north and south of the creek will be hydroseeded for erosion control. A 50-foot wide planning buffer will extend beyond the biological buffer on both sides of the creek. Outside of the buffers, large flat pads will be created on either side of the creek for future development, which will likely consist of residential, commercial and/or recreational facilities. However, future development of these pads and development of the rest of the property are not part of the proposed action and are therefore not addressed in this consultation. The Multiple Habitat Conservation Program (MHCP) establishes a multiple species conservation program to minimize and mitigate habitat loss and the incidental take of covered species in association with specific activities covered by the program. The MHCP encompasses a 175 square mile area in northwestern San Diego County including Carlsbad, Oceanside, and five additional city jurisdictions. On November 12, 2004, the Service issued a section 10(a)(1)(B) permit ("incidental take permit") to the City of Carlsbad for their Subarea Habitat Management Plan ("Carlsbad HMP") under the broader MHCP. The Service is currently working with the City of Oceanside to complete their MHCP Subarea Plan. Carlsbad Protocol surveys in 2008 detected at least four pairs of gnatcatchers on the Carlsbad portion of the project site (Figure 4). The site supports vireo quality habitat, and two vireos were detected in the western portion of the site in 2002, but no vireos were detected during 2008 surveys (Helix 2010a). Vireo and gnatcatcher are covered species under the Carlsbad HMP, and the City of Carlsbad's incidental take permit authorizes take of vireo and gnatcatcher for projects consistent with its HMP. In the absence of updated surveys and because the site includes suitable habitat for both species, the Service concurs with the Corps' assessment that the proposed project may affect vireo and gnatcatcher. To avoid and minimize impacts to these species, the project proponent will avoid clearing of gnatcatcher and vireo habitat during their breeding seasons and mitigate impacts as required by the Carlsbad HMP. Therefore, we have also determined that the project, as proposed, is consistent with the Carlsbad HMP and its associated implementation agreement and permit. Upon receipt by Hanson Aggregates of project approval from the City of Carlsbad for the Colonel Mark Toy (FWS-SDG-06B0009-1 1F0040) RIVERSIDE COUNTy ORANGE! SANDI[EGO, two ff1h, COUNTY COUNTY — 'k J \ SM?3ICOs / dkfo callsb4d S f Pay Solana &aah\Powulf Del PaCific San Dieg IZ Orean c-'1 Settle. La Jail 'e 7 El C.Im La i National 011 It S Saeg1 Xx Way -- UNITE0 S1ArES MEXIC ,tJH4tflPM*fltfl*hJefleLW4,CV -.----. --- - -. --6 — Regional Location Map IORMfR SOUTH COAST QUARRY AMENDtI) RECLAMATON PLAN 13I01-OO1CALASSISSMENT HElIX Figure 3 Colonel Mark Toy (FWS-SDG-06B0009-11F0040) P ' A A AW Ij AX 8t \ -) wi N 301 - I kR~ Alf ~~ vm'-I6;,4 Qw us XN MAN gz 2.000 1,000 0 2 Ih oUAW-O4 I)au-07/1VIO ounc: US08 75 min Qtwdraiig1e Si Lois Rey ii .eFftO*-)o - -. - - - - roposea AC1IOfl area - EORMERSOUTLI COAST QUARRY AMiNDIl) R1CLAMAFION PLAN BIOLOGICAL ASSISSMI3NT MIX Colonel Mark Toy (FWS-SDG-06B0009-1 1F0040) '%I [it II%8U IUUtUUUutWI J 14111 t I U}UU tUtIUII HELIX Colonel Mark Toy (FWS-SDG-06B0009-1 1F0040) ycl *-- - - - --- - -_ --, ---- ;/- : . - --- / I I - .1/ •_ I • - -•- / --•'• • L - • -r -, c• - - - • ,--- - •- •-:- • •• • • -•' 1 , / -- - -, -1r-- - - / U v - - I /; • 1' •'f—U• I • .1- z, ••,j •••- i - '•- •) I).• -t • - • 1- •j -• - •-•-•• I / - I • •-- - • f? .- - • I S -• _•l•__;U•• V••• •l4 -• I t-L--. -- -S • , .- 0 1 VegIi4Uon and Sensitive Spedes/IinpacLs •• HELiX. • • Fgwt -I ) • • I •• • • • - Colonel Mark Toy (FWS-SDG-06B0009- 11 F0040) project, take of vireo and gnatcatcher by the South Coast Quarry Amended Reclamation Plan project within Carlsbad will be authorized through the City of Carlsbad's incidental take permit. The status of the vireo and gnatcatcher and the effects of implementing the Carlsbad HMP under the MHCP were previously addressed in our biological opinion for the Carlsbad HMP dated November 9, 2004. In our 2004 biological opinion, we concluded that the level of anticipated take in the Carlsbad HIIVIP area boundary was not likely to result in jeopardy to the vireo or gnatcatcher. Given that the proposed project is consistent with the Carlsbad HMP, we do not anticipate any adverse effects to the vireo or gnatcatcher that were not previously evaluated in our 2004 biological opinion for the HMP. No incidental take of vireo or gnatcatcher beyond that anticipated in the 2004 biological opinion for the Carlsbad HMP will occur. Therefore, it is our conclusion that implementation of the proposed project will not result in jeopardy to the vireo or gnatcatcher. By this consultation, we are extending to the Corps the take coverage for vireo and gnatcatcher already provided to the City of Carlsbad through its incidental take permit for the Carlsbad HMP. Extension of take coverage to the Corps under the Carlsbad HMP is limited to the proposed project and as provided in the incidental take statement of our biological opinion for the Carlsbad HMP dated November 9, 2004. Oceanside Approximately 0.68 acres of coastal sage scrub occurs on the Oceanside portion of the project site, consisting of several relatively small, isolated patches (Figure 5). In addition, a total of approximately 1. 12 acres of gnatcatcher designated critical habitat occurs on the Oceanside portion of the project site, but only 0.36 acres of the designation in this area contain primary constituent elements (PCEs) that provide potential breeding, feeding, and sheltering habitat for gnatcatchers (i.e., coastal sage scrub). Surveys in 2008 detected a single gnatcatcher in a coastal sage scrub patch on the slope south of Buena Vista Creek on the Oceanside portion of the project site, but outside of the construction footprint, and as stated above, at least four breeding pairs of gnatcatchers on the Carlsbad portion of the project site were also detected (Figure 4). Based on these surveys, we have determined that the coastal sage scrub on the Oceanside portion of the project site, including the 0.36 acres within designated critical habitat, represents habitat that is likely too small and patchy in distribution to be used by gnatcatchers for breeding, but these areas may be used for foraging and dispersal. Within the Oceanside portion of the project site, the proposed project will impact a total of 0.42 acres of disturbed coastal sage scrub (0.08 acres permanent and 0.34 acres temporary) (Table 1, Figure 5). These impacts will be partially offset by restoring 0.52 acres to coastal sage scrub within the Oceanside portion of the project area. In addition, approximately 0.30 acres of gnatcatcher designated critical habitat will be temporarily impacted; however, only 0.24 acres of Colonel Mark Toy (FWS-SDG-06B0009-1 1F0040) 8 these impacts support PCEs (i.e., coastal sage scrub). The impacts to gnatcatcher designated critical habitat will be offset through the onsite preservation of 0.82 acres of critical habitat and the restoration of approximately 0.30 acres to PCEs (i.e., coastal sage scrub) (Table 2, Figures 5 and 6). In combination, a total of 1.71 acres of existing and restored habitat within the Oceanside portion of the project will be placed in a conservation easement and managed in perpetuity in conjunction with the onsite preserve in the Carlsbad portion of the proposed. Overall, the impacts to coastal sage scrub both within and outside of designated critical habitat will temporarily reduce the amount of habitat available to gnatcatchers for foraging and dispersal, as restored coastal sage scrub usually take a minimum of 4 to 5 years of growth before it is suitable for occupation by gnatcatchers (O'Connell and Erickson 1998, Miner et al. 1998). However, the disturbed coastal sage scrub in the area to be directly impacted is comprised of small isolated patches that do not likely support breeding by gnatcatchers in its current condition. In addition, the temporary loss of only 0.24 acres of PCEs, within the 17,324-acre Critical Habitat Unit 3, is not expected to impact the function of Unit 3 to provide connectivity between significant gnatcatcher populations at Marine Corps Base Camp Pendleton (adjacent to Unit 5), Multiple Species Conservation Program reserve areas in Unit 1, and populations in northern San Diego County (Unit 4). During thenon-breeding season, gnatcatchers have been observed to wander into adjacent territories and unoccupied habitat increasing their home range size to approximately 78 percent larger than their breeding territory (Preston et al. 1998). Thus, the gnatcatchers occupying the coastal sage scrub on the Carlsbad portion of the project may use the coastal sage scrub on the Oceanside portion for foraging during the non-breeding season. However, because large patches of coastal sage scrub will remain on the Carlsbad portion of the project, including in the proposed onsite preserve, we deem the permanent loss 0.08 acres of coastal sage scrub on Oceanside portion to have an insignificant effect on the gnatcatchers in the Carlsbad portion of the project site. To ensure that any effects of clearing activities on individual gnatcatchers are reduced to the level of insignificance, vegetation clearing will occur outside the gnatcatcher breeding season, and a Service-approved biologist will conduct surveys prior to clearing activities to determine if gnatcatchers are present. If gnatcatchers are observed, the biologist will direct clearing activities to ensure that no gnatcatchers are injured or killed by the clearing activities. This includes passively flushing gnatcatchers out of the way of mechanized equipment and in the direction of adjacent preserved or avoided coastal sage scrub (e.g., slowly walking through sage scrub habitat to effect natural dispersal to adjacent habitat). This low-level flushing activity during the non- breeding season is considered an avoidance and minimization measure that has an insignificant effect on individual gnatcatchers and does not rise to the level of take as defined by the Act. In summary, Hanson Aggregates will implement significant conservation measures (Enclosure) as part of the reclamation project to avoid and minimize potential impacts to the gnatcatcher and its designated critical habitat within the portion of the project site in the City of Oceanside. too so 0 100 kb No: HAW-0 Colonel Mark Toy (FWS-SDG-06B0009-1 1F0040) C.) Pct BthOci.n Ccn,vaiicn Ennt 93uthmW1b,&rub Q Dgan CasaI Sap Scrub Dgan Waste! 9Q SbDtiibd Pan Wad cc Disturbed Habital coa1 Womia Gntdar C*baJHabitat CQqvinn rommakm Ennmt Ma Uand Cation Ma (TQmpocary lmmctAta) PointknPxts tnthn Ruler Prqject Impacts within Oceanside FOPrvER SOUTH COAST QUARRY flvtt'DED RECLPMTON PLAN HELIX Fige 5 Colonel Mark Toy (FWS-SDG-06B0009-1 1F0040) w" SWOO dJ J US an i' pO1dC4.N - .--- 10 n•fl. .1S.. • 'H CCAST RRY tE REWA!CN PJ CCLSttu ffEL!X We Ftue é project. Colonel Mark Toy (FWS-SDG-06B0009-1 1F0040) 11 Table 1. Existing Vegetation Types and Proposed Impacts within the City of Oceanside Vegetation Type Existing Acres Within Critical Habitat (ac) Outside Critical Habitat (ac) Total Impacts (ac) Existing Acres Permanent Impacts Temporary Impacts Not Impacted Existing _________ Permanent Impacts Temporary Impacts Not Impacted Permanent Temporary Diegan coastal sage scrub - Disturbed 0.68 0.36 0.00 0.24 0.12 0.33 0.08 0.10 0.15 0.08 0.34 Riparian woodland 0.57 0.57 0.00 0.00 0.57 . 0.00 0.00 0.00 0.00 0.00 0.00 Southern willow scrub' 0.04 0.01 0.00 0.01 0.00 0.02 0.00 0.02 0.00 0.00 0.03 Disturbed 2.78 0.15 0.00 0.05 0.10 2.62 1.54 0.40 0.69 1.54 0.45 Streambed 0.03 0.03 0.00 0.00 0.03 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 4.10 1.12 0.00 0.30 0.82 2.97 1.62 0.52 0.84 1.62 0.82 A disconnected fragment of southern willow scrub within coastal sage scrub on a side slope. Impacts to individual willows within existing coastal sage scrub will be offset through restoration to coastal sage scrub. Table 2. Preservation and Restoration within the City of Oceanside Portion of the Onsite Preserve Vegetation Type Existing Acres Within Critical Habitat (ac) Outside Critical Habitat (ac) Total Onsite Preserve (ac) Not Impacted Not within CH Not within Onsite Preserve (ac) Existing Preserved Restored' Existing Preserved Restored Diegan coastal sage scrub - Disturbed 0.68 0.36 0.12 0.24 0.33 0.01 0.10 0.47 0.14 Riparian woodland 0.57 0.57 0.57 0.00 0.00 0.00 0.00 0.57 0.00 Southern willow scrub' 0.04 0.01 0.00 0.01 0.02 0.00 0.02 0.03 0.00 Disturbed 2.78 0.15 0.10 0.05 2.62 0.06 0.40 0.61 0.62 Streambed 0.03 0.03 0.03 0.00 0.00 0.00 0.00 0.03 0.00 TOTAL 4.10 1.12 0.82 0.30 2.97 0.07 0.52 1.71 0.76 All temporary impacts will be restored to coastal sage scrub. 2 A disconnected fragment of southern willow scrub on a side slope. Impacts to individual willows within existing coastal sage scrub will be offset through restoration to coastal sage scrub. Colonel Mark Toy (FWS-SDG-06B0009-1 1F0040) 12 Based on the site and species information described above and Hanson Aggregates' commitment to implement the conservation measures, we conclude that all potential impacts of the project on gnatcatcher and its designated critical habitat will be reduced to a level of insignificance warranting our determination that reclamation of the South Coast Quarry within the City of Oceanside is not likely to adversely affect the gnatcatcher or its designated critical habitat. With the above determinations, the Corps' obligations under the Act for section 7 consultation to address impacts to gnatcatcher and vireo have been met. Should project plans change, this determination may be reconsidered. Thank you for consulting with us on this project. If you have any questions or concerns with regard to this letter, please contact Janet Stuckrath at (760) 431-9440, extension 270. Sincerely, Karen A. Goebel Assistant Field Supervisor Enclosure cc: Barry Jones, Helix Environmental Planning, Inc. Van Lynch, City of Carlsbad Literature Cited Helix Environmental Planning, Inc. 2010a. Final environmental impact report for the former South Coast Quarry amended reclamation plan. Prepared for Hanson Aggregates. 4 Vol + Appendices. February. Helix Environmental Planning, Inc. 2010b. Former South Coast Quarry amended reclamation plan biological assessment. Prepared for Hanson Aggregates. 33pp + Appendices. July. Helix Environmental Planning, Inc. 2010c. Quarry Creek reclamation project upland mitigation plan. Prepared for Hanson Aggregates. 18 pp. August. Helix Environmental Planning, Inc. 2010d. Quarry Creek preserve management plan. Prepared for Hanson Aggregates. 22 pp + Appendices. December. Colonel Mark Toy (FWS-SDG-06B0009-1 1F0040) 13 Miner, K., A. Wolf, and R. Hirsch. 1998. Use of restored coastal sage scrub habitat by California gnatcatchers in a park setting. Western Birds 29:439-446. O'Connell, M. and R. Erickson. 1998. An example of the California gnatcatcher nesting in restored coastal sage scrub. Western Birds 29:434-438. Preston, K.L., P.J. Mock, M.A. Grishaver, E.A. Bailey, and D.F. King. 1998. California gnatcatcher territorial behavior. Western Birds 29:242-257. Enclosure The South Coast Quarry Reclamation Plan includes the following conservation measures that Hanson Aggregates has committed to implement to avoid and minimize potential adverse effects to the gnatcatcher and its designated critical habitat. Implementation of these measures will reduce impacts to gnatcatcher and its designated critical habitat to an insignificant level in which no incidental take is anticipated and supports the U.S. Fish-and Wildlife Service's (Service) "not likely to adversely affect" determination for the portion of the project occurring within the City of Oceanside in accordance with the section 7 consultation for the proposed action. Permanent and temporary impacts to 0.08 acres and 0.34 acres of coastal sage scrub, respectively, will be offset through the onsite preservation and restoration of 0.52 acres and 0.82 acres of coastal sage scrub, respectively (Table 2, Figure 6). Temporary impacts to 0.30 acres of gnatcatcher designated critical habitat will be offset through the onsite preservation of 0.82 acres of designated critical habitat. In addition,'the 0.30 acres of temporary impacts to gnatcatcher designated critical habitat will be restored to coastal sage scrub within designated critical habitat. Hanson Aggregates will prepare a coastal sage scrub restoration plan for the total 4.07 acres of restoration within the Reclamation Plan, including 0.82 acres of restoration in the Oceatiside portion of the project. The plan will be reviewed and approved by the Corps and Service (Agencies) and include the following. All final specifications and topographic-based grading, planting, and irrigation plans (with 10- foot contours). All upland habitat creation/restoration sites will be prepared for planting by decompacting the top soil in a way that mimics natural upland habitat top soil to the maximum extent practicable while maintaining slope stability. Topsoil and plant materials salvaged from the upland habitat areas to be impacted will be transplanted to, and/or used as a seed/cutting source for, the upland habitat restoration/creation areas to the maximum extent practicable as approved by the Agencies. Planting and irrigation will not be installed until the Agencies have approved of upland habitat restoration/creation site grading. All plantings will be installed in a way that mimics natural plant distribution, and not in rows. Planting palettes (plant species, size, and number/acre) and seed mix (plant species and pounds/acre). The upland plant palette proposed in the draft plans will include native species specifically associated with the habitat type(s). Unless otherwise approved by the Agencies, only locally native species (no cultivars) obtained from as close to the project area as possible will be used. The source and proof of local nativeness of all plant material and seed will be provided. Container plant survival will be 80 percent of the initial plantings for the first 5 years. At the first and second anniversary of plant installation, all dead plants will be replaced unless their function has been, replaced by natural recruitment. Colonel R. Mark Toy (FWS-SDG-06B0009-1 1F0040) Enclosure, Page 2 A final implementation schedule that indicates when all coastal sage scrub impacts, as well as when coastal sage scrub restoration grading, planting, and irrigation, will begin and end. Necessary site preparation and planting will be completed immediately after the Agencies' approval of grading. Any temporal loss of habitat caused by delays in riparian/wetland habitat creation/restoration will be offset through like habitat creation/restoration at a 0.5:1 ratio for every 6 months of delay (i.e., 1:1 for 12 months delay, 1.5:1 for 18 months delay, etc.). In the event that Hanson Aggregates is wholly or partly prevented from performing obligations under the final plans (causing temporal losses due to delays) because of unforeseeable circumstances or causes beyond the reasonable control, and without the fault of negligence of Hanson Aggregates, including but not limited to natural disasters (e.g., earthquakes, etc.), labor disputes, sudden actions of the elements (e.g., further landslide activity), or actions by Federal or State agencies, or other governments, Hanson Aggregates will be excused by such unforeseeable cause(s). Five years of success criteria for upland creation/restoration areas, including: a total of 40-65 percent absolute cover; evidence of natural recruitment of multiple species; 0 percent coverage for Cal-IPC List A and B species, and no more than 10 percent coverage for other exotic/weed species. A qualitative and quantitative vegetation monitoring plan with a ñiap of proposed sampling locations. Photo points will be used for qualitative monitoring and stratified, random sampling will be used for all quantitative. Contingency measures in the event of creation/restoration failure. Annual mitigation maintenance and monitoring reports will be submitted to the Agencies after the maintenance and monitoring period and no later than December 1 of each year. 4. Temporary fencing (with silt barriers) will be installed at the limits of project impacts (including construction staging areas and access routes) to prevent additional sensitive habitat impacts and to prevent the spread of silt from the construction zone into adjacent habitats to be avoided. Fencing will be installed in a manner that does not impact habitats to be avoided. Hanson Aggregates will submit to the Agencies for approval, at least 30 days prior to initiating project impacts, the final plans for initial clearing and grubbing of sensitive habitat and project construction. These final plans will include photographs that show the fenced limits of impact and all areas (including riparian/wetland or coastal sage scrub) to be impacted or avoided. If work occurs beyond the fenced or demarcated limits of impact, all work will cease until the problem has been remedied to the satisfaction of the Agencies. Any riparian/wetland or upland habitat impacts that occur beyond the approved fence will be offset as approved by the Agencies. Temporary construction fencing will be removed upon project completion. Colonel R. Mark Toy (FWS-SDG-06B0009- 11 F0040) Enclosure, Page 3 The clearing and grubbing of sensitive habitats will occur outside of gnatcatcher breeding season (February 15 to September 15), unless a CFWO-apprcived project biologist' biologist demonstrates to the satisfaction of the cities of Carlsbad and Oceanside and the Agencies that all nesting is complete. 6. A CFWO-approved project biologist' will be on site during: a) initial clearing and grubbing of gnatcatcher habitat; and b) project construction within 500 feet of preserved gnatcatcher habitat, to ensure compliance with all conservation measures. The biologist will perform the following duties. Perform a minimum of three focused surveys, on separate days, to determine the presence of gnatcatchers in the project impact footprint outside the gnatcatcher breeding season. Surveys will begin a maximum of 7 days prior to performing vegetation clearing/grubbing and one survey will be conducted the day immediately prior to the initiation of remaining work. If any gnatcatchers are found within the project impact footprint, the biologist will direct construction personnel to begin vegetation clearing/grubbing in an area away from the gnatcatchers. In addition, the biologist will walk ahead of clearing/grubbing equipment to flush birds towards areas of coastal sage scrub to be avoided. It will be the responsibility of the biologist to ensure that gnatcatchers will not be injured or killed by vegetation clearing/grubbing. The biologist will also record the number and location of gnatcatchers disturbed by vegetation clearing/grubbing. The Hanson Aggregates will notify the CFWO at least 7 days prior to vegetation clearing/grubbing to allow the CFWO to coordinate with the biologist on bird flushing activities. If grading/major construction activities within 500 feet of avoided coastal sage scrub is necessary during the gnatcatcher breeding season, perform a minimum of three focused surveys, on separate days, to determine the presence of gnatcatcher, nest building activities, egg incubation activities, or brood rearing activities. The surveys will begin a maximum of 7 days prior to project construction and one survey will be conducted the day immediately prior to the initiation of work. The Hanson Aggregates will notify the CFWO at least 7 days prior to the initiation of surveys, and within 24 hours of locating any gnatcatchers. . If an active gnatcatcher nest is documented within 500 feet of project construction, Conservation Measure 6.c would be followed. If a gnatcatcher is detected within 500 feet of project construction, but no. gnatcatcher nest building activities, egg incubation activities, or brood rearing activities are documented within 500 feet by the project biologist, additional surveys will be done once a week during project construction in the breeding season until: 1) an active gnatcatcher nest is The designated project biologist for conservation measures will be a trained ornithologist with at least 40 hours in the field observing gnatcatchers and documented experience locating and monitoring gnatcatcher nests. In order to receive CFWO approval, the biologist's name, address, telephone number, and work schedule on the project must be submitted to the Agencies at least 5 working days prior to initiating project impacts. Colonel R. Mark Toy (FWS-SDG-06B0009-1 1F0040) Enclosure, Page 4 found within 500 feet of project construction (Conservation Measure 6.c would then apply); 2) no gnatcatchers are found within 500 feet of project construction for 3 consecutive weeks (weekly surveys would be suspended); or 3) the project biologist requests that additional surveys be suspended and the CFWO approves the request. If the project biologist determines that there are no gnatcatchers present within 500 feet of the project construction and no gnatcatcher nest building activities, egg incubation activities, or brood rearing activities within 500 feet of project construction, no additional gnatcatcher surveys would be required and project construction could proceed. If an active gnatcatcher nest is found within 500 feet of project construction, the biologist will postpone work within 500 feet of the nest and contact the CFWO to discuss: 1) the best approach to avoid/minimize impacts to nesting birds (e.g., sound walls); and 2) a noise and nest monitoring program acceptable to the CFWO. Subsequent to these discussions, work may be initiated subject to implementation of the agreed upon avoidance/minimization approach and nest monitoring program. However, if measures to avoid potential impacts to the gnatcatcher agreed to by the CFWO cannot be implemented, work within 500 feet of any gnatcatcher nest may not begin until the consultation is reinitiated and completed. Nest monitoring will occur according to a schedule approved by the CFWO. The biologist will determine whether bird activity is being disrupted. If the biologist determines that bird activity is being disrupted, Hanson Aggregates will stop work and coordinate with the CFWO to review the avoidance/minimization approach. Upon agreement as to the necessary revisions to the avoidance/minimization approach, work may resume subject to the revisions and continued nest monitoring. Nest monitoring will continue until fledglings have dispersed, as approved by the CFWO. Be on site during all vegetation clearing/grubbing and project construction in gnatcatcher habitat to be impacted or within 500 feet of gnatcatcher habitat to be avoided. Oversee installation of and inspect temporary fencing and erosion control measures within or up-slope of avoided and/or preserved areas a minimum of once per week during installation and daily during all rain events until established to ensure that any breaks in the fence or erosion control measures are repaired immediately. Periodically monitor the work area to ensure that work activities do not generate excessive amounts of dust. Train all contractors and construction personnel on the biological resources associated with the projects and ensure that training is implemented by construction personnel. At a minimum, training will include: 1) the purpose for resource protection; 2) a description of the sensitive resource and its/their habitat(s); 3) the conservation measures that should be implemented during project construction to conserve the sensitive resource, including strictly limiting activities, vehicles, equipment, and construction materials to the fenced project footprint to avoid sensitive resource areas in the field (i.e., avoided areas delineated Colonel R. Mark Toy (FWS-SDG-06B0009-1 lF0040) Enclosure, Page 5 on maps or on the project site by fencing); 4) environmentally responsible construction practices; 5) the protocol to resolve conflicts that may arise at any time during the construction process; and, 6) the general provisions of the Act, the need to adhere to the provisions of the Act, and the penalties associated with violating the Act. h. Halt work, if necessary, and confer with the CFWO to ensure the proper implementation of species and habitat protection measures. The biologist will report any violation to the CFWO within 24 hours of its occurrence. Submit weekly letter reports (including photographs of impact areas) to the CFWO during clearing of gnatcatcher habitat within 500 feet of avoided habitat. Weekly letter reports will also be provided if major construction activities occur within 500 feet of avoided gnatcatcher habitat during the gnatcatcher breeding season (February 15 to August 31) and gnatcatcher nest building activities, egg incubation activities, or brood rearing activities are documented within 500 feet by the project biologist. The weekly reports will document that authorized impacts were not exceeded, work did not occur within the 500- foot setback, and general compliance with all conditions. The reports will also outline the duration of gnatcatcher monitoring, the location of construction activities, the type of construction that occurred, and equipment used. These reports will specify numbers, locations, and sex of gnatcatchers (if present), observed gnatcatcher behavior (especially in relation to construction activities), and remedial measures employed to avoid, minimize, and mitigate impacts to gnatcatchers. Raw field notes should be available upon request by the CFWO. j. Submit a final report to the CFWO within 60 days of project completion that includes: as- built construction drawings with an overlay of habitat that was impacted and avoided, photographs of habitat areas that were to be avoided, and other relevant summary information documenting that authorized impacts were not 'exceeded and that general compliance with all conservation measures was achieved. 7. Hanson Aggregates will execute and record a perpetual biological conservation easement over 1 approximately 1.71 acres onsite, and will include a distance of 100 feet from each side of the bottom of the widened Buena Vista Creek channel as a biological buffer. The easement will be in favor of the City of Oceanside or other agent approved by the Agencies.'The Service will be named as a third party beneficiary and provided enforceability by the Service and will require joint concurrence by the Service for any modifications to the easements. The easement will be approved by the Service prior to their execution. In order to minimize potential disturbance to nesting vireo, there should be no active trails in the easement areas. The Hanson Aggregates will submit a draft easement to the Agencies, and the California Department of Fish and Game, should they ultimately accept an easement over the properties, for review and approval at least 30 days prior to initiating project construction. The Hanson Aggregates will submit the final easement, and evidence of recordation, to the Agencies within 60 days of receiving approval of the draft easement. Colonel R. Mark Toy (FWS-SDG-06B0009-1 1F0040) Enclosure, Page 6 Hanson Aggregates will prepare and implement a perpetual management, maintenance and monitoring plan for all onsite biological conservation easement areas, including the Oceanside portion. Hanson Aggregates will also establish a non-wasting endowment for an amount approved by the cities of Carlsbad and Oceanside and the Agencies based on a Property Analysis Record (PAR; Center for Natural Lands Management 1998) or similar cost estimation method to secure the ongoing funding for the perpetual management, maintenance and monitoring of the biological conservation easement area by an agency, non-profit organization, or other entity approved by the cities of Carlsbad and Oceanside and the Agencies. Hanson Aggregates will submit a draft plan including: (1) a description of perpetual management, maintenance and monitoring actions and the PAR or other cost estimation results for the non- wasting endowment; (2) proposed land manager's name, qualifications, business address, and contact information to the Agencies for approval at least 30 days prior to initiating project impacts. Hanson Aggregates will submit the final plan to the cities of Carlsbad and Oceanside and Agencies and a contract with the approved land manager, as well as transfer the funds for the non-wasting endowment to a non-profit conservation entity, within 60 days of receiving approval of the draft plan. Under provisions of the Surface Mining and Reclamation Act, ongoing financial assurances are required to be in place to cover implementation of the approved Amended Reclamation Plan. Based on the final approved plan, detailed cost estimates will be provided to the City of Oceanside based on all of the site improvements, including the mitigation implementation, maintenance and monitoring. Existing bonds in place as financial assurance for site reclamation will be updated based on the updated cost estimates. These bonds will meet the requirements for bonding by the Agencies. Employees will strictly limit their activities, vehicles, equipment, and construction materials to the fenced project footprint. To avoid attracting predators of the gnatcatcher, the project site will be kept as clean of debris as possible. All food-related trash items will be enclosed in sealed containers and regularly removed from the site. Pets of project personnel will not be allowed on the project site. Disposal or temporary placement of excess fill, brush, or other debris will not be allowed in Waters of the U.S. or their banks. All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities will occur in designated areas outside of Waters of the U.S. within the fenced project impact limits. These designated areas will be located in prviously compacted and disturbed areas to the maximum extent practicable in such a manner as to prevent any runoff from entering waters of the U.S. and will be shown on the construction plans. Fueling of equipment will take place within existing paved areas greater than 100 feet from Waters of the U.S. Colonel R. Mark Toy (FWS-SDG-06B0009-1 1F0040) Enclosure, Page 7 Contractor equipment will be checked for leaks prior to operation and repair as necessary. "No- fueling zones" will be designated on construction plans. No species on the California Invasive Plant Council's (Cal-IPC) "Invasive Plant Inventory" list will be included in the erosion control plan or anywhere within the project site. Exotic plant species not to be used include those species listed on Lists A and B of the California Invasive Plant Council's (Cal-IPC) list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999." This list includes such species as pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. A copy of the complete list can be obtained from Cal-IPC's web site at http://www.cal-ipc.org. In addition, landscaping should not use plants that require intensive irrigation, fertilizers, or pesticides adjacent to preserve areas and water runoff from landscaped areas should be directed away from the riparian woodland west of the project boundary and contained and/or treated within the development footprint. Hanson Aggregates will submit a draft list of species to be included in the landscaping to the CFWO for approval at least 30 days prior to initiating project impacts. Hanson Aggregates will submit to the CFWO the final list of species to be included in the landscaping plan within 30 days of receiving approval of the draft list of species. Any planting stock to be brought onto the project site for landscape or habitat creation/restoration/enhancement will be first inspected by a qualified pest inspector to ensure it is free of pest species that could invade natural areas, including but not limited to, Argentine ants (Linepithema humile), fire ants (Solenopsis invicta) and other insect pests. Any planting stock found to be infested with such pests will not be allowed on the project site or within 300 feet of natural habitats unless documentation is provided to the CFWO that these pests already occur in natural areas around the project site. The stock will be quarantined, treated, or disposed of according to best management principles by qualified experts in a manner that precludes invasions into natural habitats. Temporary irrigation will be used for the shortest duration possible (as directed by the project biologist) in habitat creation/restoration/enhancement areas to ensure the successful establishment of container stock and seed. During and following reclamation activities, all exterior lighting adjacent to preserved habitat will be of the lowest illumination allowed for human safety, selectively placed, shielded, and directed away from preserved habitat to the maximum extent practicable. Hanson Aggregates will install permanent protective fencing and/or use other measures approved by the Agencies where necessary along the northern property boundary adjacent to Haymar Drive to deter human access to the quarry site. Prior to final sign off of the wetland mitigation area, fencing will be placed along the outer edges of the 100-foot buffer. Fencing along the buffer interface with developed use areas should have no gates except to allow access for maintenance and monitoring of the biological conservation easement areas. Installed fencing should tie into existing fencing where possible to prevent trespass. Signage Colonel R. Mark Toy (FWS-SDG-06B0009-1 1F0040) Enclosure, Page 8 for the biological conservation easement area will be posted and maintained at conspicuous locations. Plans for fencing and/or other preventative measures will be submitted to the CFWO for approval at least 45 days prior to proposed initiation of fence construction. 19. Erosion and runoff from project site during construction and post-construction phases will be controlled through the use of Best Management Practices (BMPs). BMPs will be outlined in a Stormwater Pollution Prevention Plan (SPPP) produced by the contractor prior to any construction activity on-site. BMPs will be established to prevent fill material and surface runoff from entering the riparian woodland habitat adjacent to the project site. CALIFORNIA DEPARTMENT OF FISH AND GAME South Coast Region- 4949 Viewridge Avenue. l San Diego, California 92123 \ '- STREAMBED ALTERATION AGREEMENT NOTIFICATION No. 1600-2005-0701-R5. Buena. Vista Creek Hanson Aggregates Pacific Southwest, Inc QUARRY CREEK RECLAMATION PROJECT This Streambed Alteration Agreement (Agreement) is entered into between. the California Department of Fish and Game (DFG) and Hanson Aggregates: Pacific Southwest, Inc. (Permittee) as represented by Marvin Howell,, RECITALS WHEREAS, pursuant to Fish and Game. Code '(FGC) section 1602, Permittee notified DFG on November 3, 2005, that Permittee intends to. complete the project. described herein; WHEREAS, pursuant to FGC.sectioh 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 protectthose resources. WHEREAS, Permitt'ee, has reviewed the Agreement and accepts..its terms and conditions, including the measures to protect fish. and wildlife resources'. NOW THEREFORE, Permittee agrees toT complete the project in accordance with the Agreement, PROJECT LOCATION The, approximately 104.2-acre Quarry Creek Reclamation Project (Project) site is located at Buena Vista Creek, south of State Route (SR) 78 approximately 35 miles east of Interstate 5, within the Cities of Carlsbad (100.1 acres) and. Oceanside (4.1 acres), County of San. Diego, State of California; Latitude 33.1833, Longitude -117.5000 (USGS Map: within .unsectioned lands within Township 11 .South, Range 4 West of the San. Luis Rey 7.5 minute Quadrangle) APN No(s). 168-0111-20 and 167-040-21. 'The. property lies within the boundaries of the Review Draft: Final Oceanside Subarea Habitat Conservation Plan (HCP)/Natural Communities Conservation. Plan (NCCP; Draft Subarea. Plan) and the Carlsbad Habitat Management Plan (HMP) for the Multiple Habitat Conservation Program (MHCP). Notification #1600-2005-0701-R5 Streambed Alteration Agreement Page 2 of 18 PROJECT DESCRIPTION The Project is limited to contouring Buena Vista Creek to a 150 foot channel bottom width, with 2.5:1 (horizontal to vertical) side slopes. Overbank terraces will be constructed on both sides of the channel, resulting in an: overall channel width of approximately 194 feet. The longitudinal gradient of thechannel shall be.at less than a 0.2-percent to avoid erosive flow velocities. A sinuous low flow channel shall be established within meandering benches set into the channel banks. The bench Widths, will vary along the length of the channel, but the total width of both benches (one on either side' of the channel) at any given point:will be 24 feet. The benches will be constructed approximately four feet above the channel bed tot allow inundation during low to moderate storm events. The total width subject to inundation during these events is approximately 194 feet'jUst above the benches. A biological buff€r no less than 100 feet wide at any point will be vegetated with Diegan coastal sage scrub and shall be measured from the outer edge, of the channel bottom. The areas outside the riparian buffer north and south ofthe creek will he hydroseeded: for erosion control. A 10400t wide planning buffer will extend beyond the biological buffer on both sides of the creek'. The total channel cross-section will include a low-flow channel, an expanded channel including the riparian zone, an overbank terrace, a transition zone and an upland.-zone. A minimum of seven feet of freeboard abOve 100-year flow rates (assuming a densely vegetated channel with natural obstructions) shall be provided in the constructed channel downstream of El Salto Falls, thus obviating the need for ongoing instream vegetation and channel maintenance.. Seven natural rock drop structures ranging from one to three feet, in height will be constructed at irregular intervals along the channel.. Each structure will extend acrOss the channel bottom and up the adjacent banks to at least one foot above the 100-year Water surface elevations The structures shall behave as .rock riffles that form a stepped channel bed profile.. The stepped profile will allow the 100-year flow velocities to be maintained below an erosive threshold throughout much of the proposed channel. The locations and heights of each structure: will vary and were selected to allow portions of the existing channel bed to remain undisturbed.. The drop structures will be constructed. with rocks of varying gradation including emergent boulders in order to create a channel that mimics a natural step-drop-step channel morphology. The area immediately upstream of a step may contain pools and/or riffles. The, structures will be constructedJ with naturally occurring On-site rock to the extent available; Grouting and/or filter material shall be used to the minimum necessary to maintain the integrity of the structures under highr-flow events. Some portions of the channel both upstream and downstream of the rock riffles could potentially experience erosive velocities during the. 1 00year design storm In these: areas, a buried riprap revetment will be constructed behind the channel bank. Notification #1600-2005-0701-R5 Streambed Alteration Agreement Page 3 of 18 PROJECT IMPACTS Existing fish or wildlife resources the Project could substantially adversely affect include: Amphibians - pacific, tree frog (Hyla regilla); Reptiles - side-blotched lizard. (Uta stansburiana), western fence lizard (Sceloporus Occidentalis), orange-throated wh ipta if (Aspidoscelis hyperythra); and alligator lizard 'EIgaria muIticarinata,.; Birds -Anna's hummingbird (Calypte anna), cliff swallow (Hirundo pyrrhonota)', coastal California gnatcatcher (Polioptila californica californica), killdeer (Charadrius vociferus), red-tailed hawk (Buteo jamaicensis), red-shouldered hawk (Buteo lineatus), yellow-breasted chat (Icteria virens, white-tailed kite (Elanus caeruleus), yellow warbler (Dendroica petechia), American kestrel (Falco sparverius),. least bell's vireo (Vireo be/Ill pusiIIus), white-throated swift (Aeronautes saxatalis), n utah's woodpecker (PiOoides nutaliii); Mammals —desert cottontail (Sylvilagus audubonhi), San Diego black—tailed jackrabbit (Lepus californicus benn'ettii),, wood rat (Jeotoma sp.), and California ground. squirrel (Spermophilus beecheyi'nudipes; Native Plants - Palmer's grapphinghook. (Harpa gone/Ia pa/men), saltgrass (0/stichils spicata), blue dicks (Dichelostemma capitaturn), mule, fat (Baccharis salicifO'lla), monkey-flower (Mirnulus aurantiacus), and any other species listed in the Former South Coast Quarry Amended Reclamation Plan Biological Technical Report, prepared by Helix Environmental Planning, dated January, 26, 2010, and all other aquatic and wildlife resources in the Proiect vicinity. A total of 13.50 acres of CDFG jurisdictional waters occur within, the project area, including 9.55 acres of southern cottonwood-willow, riparian forest, 2.29 acres of southern willow scrub,, 0.57 acres of riparian woodland, and 0.54 acres of freshwater marsh. Project impacts to fish or wildlife resources include temporary and permanent impacts to 096 acres of jurisdictiOnal streambed comprised of 0.05 acres southern cottonwood- willow riparian forest, 0.85 acres of southern willow scrub, and 0.06 acres of freshwater marsh. 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 DFG' personnel, or personnel from, another state, federal, or local agency upon request. 1.2 Providing Agreement to Persons at Prolect 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 Notification #1600-2005-0701-R5 Streambed Alteration Agreement Page 4 of 18 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, DEC shall contact Perrnittee to resolve, any conflict. 1.4 Proiect Site Entry, Permittee agrees that. DFG personnel may enter- the project site at any time to verify compliance with the Agreement. 1.5 Work Activities. The agreed work includes activities associated with the Project Location and Project Description that is provided above. Specific work areas and: mitigation measures are described on/in the plans and documents submitted by the Permittee with the Notification Package, including, Former South Coast Quarry Amended Reclamation Plan Biological Technical Report, prepared byHelix Environmental Planning', Inc. (HEP) (January 26, 2010), FOrmer South COast Quarry Amended Reclamation Plan, Final Subsequent Environmental Impact Report (HEP) (F'ebruary'2010) (State Clearing House No. 2005111124), Quarry. Creek Reclamation Projecti Wetland Mitigation Plan (HEP) (January 26., 2010), and shall be implemented as proposed unless directed differently by this Agreement. 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. Biological Surveys and Time Restrictions 2.1 Reporting Sensitive Species. The Permittee shall be responsible for reporting all observations of threatened /endangered species or of species of special concern to the. DFG immediately and to the DFG's Natural Diversity Data Base (CNDDB) within ten (10) days of sighting. The form and instructions fOr completing the form. and submitting the information are available on-line at http://www.dfg'.ca'.gov/biogeodata/cnddb/submitting data to cnddb.asp.. In addition to sending the information to CNDDB a copy should ,be sent to the DFG's South Coast Office :at the address above, ATTN: St're'ambed Alteration Program - SM #1600-2005-0701 -R5. 2.2' Bird Avoidance. To avoid: impacts to nesting birds, including the California Endangered Species Act (CESA) and federal, Endangered Species Act (ESA) listed 'endangered least Bell's vireo, 'and ESA listed California gnatcatcher, clearing of vegetation that has the potential 'to support active nests and construction activities adjacent to nesting habitat shall not take place within DEC jurisdictional habitats from February 15 through September' 15, the "restricted work period", unless the DEC agrees to. modify the' restricted work period. If avoidance of the Notification #1600-2005-0701-R5 Streambed Alteration Agreement Page 5 of 18 nesting bird season is not feasible, vegetation removal and construction activities may occur during the restricted work period if a qualified biologist conducts a focused survey for active nests within forty-eight (48) hours prior to work in the area. The results of the sürveyshall be submitted to the DFG in the form of a written report via fax and/or 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. If the survey identifies an active nest of a CESA or ESA listed bird or a raptor species, a 500 foot 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. If the survey identifies. the active nest of any other native bird, the Permittee shall ensure that work activities comply with FGC sections 2050 etseq.., 3503 and. 3503.5. Wildlife, and Habitat Protection 2.3 Protected Species. This Agreement does not authorize .the take of any candidate species or species listed as threatened or endangered under CESA (Fish & G. Code, §2050 et seq.) or species, listed under the ESA. If the proposed work could affect any candidate species, or threatened and endangered species, the Permittee is required, as prescribed in the state or federal endangered species acts, to consult with the appropriate agency prior to commencement of the project. Any unauthorized take of such listed species may result in prosecution. 2.4 Noise Levels. If project grading (other than clearing and grubbing of sensitive habitats) is necessary adjacçntto preserved, on-site habitat during the bird breeding season (February 15 through September 15), a qualified biologist shall conduct pre-construction surveys in the adjacent habitat for the coastal California gnatcatcher, least Bell's vireo, southwestern willow flycatcher and nesting. raptors. The'.survey should begin not more than three days prior to the beginning of *grading' activities. The Wildlife Agencies' shall be notified if any of these species are observed nesting within 500 feet of proposed grading, activities. No activities which would result in noise levels. exceeding .60 dBA'hourly Leq within this 500-foot buffer shall be allowed. Background noise (e.g., SR 78) shall be excluded from the 60 dBA calculation.. If grading activities are notcompleted prior to the breeding season and any of these species -are present, and noise levels exceed this threshold, noise barriers shall be erected to reduce noise impacts to occupied habitat to below 60 dBA hourly Leq and/or the. activities shall be suspended. 2.5 Approved Biolôciist. The Permittee shall have a DFG approved biologist review all grading, drainage improvement, and landscaping plans for compliance' with terms of this Agreement, 'educate contractors about the biological sensitivities associated within the area, and ensure compliance with mitigation measures; 2.6 Biologist Present During Work. The DFG approved biologist shall be on site-full- time during, initial clearing and grubbing of the site. Following initial clearing, the Notification #1600-2005-0701-R5 Streambed Alteration Agreement Page 6 of 18 biologist shall be on-site as necessary, but not less than weekly to monitor and enforce the conditions of this Agreement. During the avian nesting seasons, the approved biologist shall be present during work occurring adjacent to the creek- corridor at least weekly where disturbance of breeding birds may occur. The biologist shall be responsible. for monitoring and reporting, for any variances granted to allow work in proximity to breeding bird uses areas. 2.7 Construction Fencing. The DFG approved biologist shall review and approve placement of construction fencing and a minimum 24-inch high silt/exclusion fencing along the limits of project impacts (including construction staging areas and access routes). The purpose of thefencing' is to prevent additional sensitive habitat impacts and prevent the spread of silt from the construction zone into adjacent habitats to, be avoided. The Permittee may opt to stake the limits of work and clear the-limit line prior to fencing in order to facilitate a good ground contact, for construction and silt/exclusion fencing. This shall be performed under the direct supervision of the biologist. No work' beyond clearing of the boundary line may be undertaken within 100 feet of the open space until such time as the construction fencing is erected and accepted by, the biologist. The exclusion fencing shall be maintained until the completion of all construction activities within or adjacent to, preserved creek lands is completed, 2.8 Limit Activities to PoIect Footprint. Project personnel shall strictly limit their activities, vehicles, equipment, and construction materials to the fenced project footprint. 2.9 Eliminate Trench Hazards. Open trenches shall be inspected at the beginning and. end of each work day by construction personnel or the biological monitor If wildlife is discovered. in an open trench, the biological monitor shall be summoned to safely remove said wildlife At the end of each work day preceding a non-work day, open trenches shall be covered in a manner to prevent entrapment of wildlife or adequately ramped to provide: for'animal escape. 2'. 10 Encountered Wildlife. If any wildlife is encountered, during the. course of construction, the wildlife shall be allowed to leave the construction area unharmed and shall be flushed', hazed,, or herded in a. safe direction' away from the.work area(s). 2.11 Eliminate Pipe' Hazards, All sections of pipe shall be visually checked for the. presence of wildlife sheltering' within them prior to the pipe sections being placed in' the. trench and attached together, or shall have the ends capped while stored on site: so as to prevent wildlife from entering. After attachment of the pipe sections to. one another, whether in the trench or not, the exposed end(s), of the pipeline shall be capped at the: end of each day during construction to prevent wiIdIifefrom entering and being, trapped within the pipeline.. 2.12 No Night Work. Construction activities shall be limited to the period of daylight hours;, no night.work is authorized unless otherwise agreed to by the DFG. Notification #1600-2005-0701-R5 Streambed Alteration Agreement Page 7 of 18 2.13 No Pets. Pets of project personnel shall not be allowed on the project site. Placement of Instream Structures 2.14 Flow Diversions When work in a flowing stream is unavoidable, the entire stream flow shall be diverted around the work area by a barrier, temporary culvert, new channel, or other means approved by the. DFG. Location of the upstream and downstream diversion points shall be. approved by the DFG. 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 onsite alluvium of low silt content, inflatable, dams, sand bags, or other approved material.. Channel banks or barriers shall not be 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. 2.15 Artificial Obstruction. When any artificial obstruction/diversion is being constructed, maintained,, or placed in operation, sufficient water shall at;all times be allowed to pass downstream to maintain aquatic life below the dam pursuantto Fish and Game Code section 5937. 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. 2.16 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. 2.17 California Salmonid Stream Habitat Restoration Manual. All habitat improvements shall be done in accordance with techniques in the California Salmonid Stream Habitat Restoration Manual. The most current version of the. manual is available at: http://www.dfgca.gov/fish/Resources/Hab.itatManual.asp Equipment and Access 2118 Location of Staging/Storage Areas. Staging/storage areas for equipment and materials shall be located, outside. of DFG jurisdictional habitat and within the impact areas described in the Project Description', including the development, road's, bikeways/trails, and other infrastructure. 2.19 Stay on Roads. Access to the project sites shall be by existing roads and access ramps, except where the development of access routes is explicitly described herein as a. Project Activity.. Notification #1600-2005.0701-R5 Streambed Alteration Agreement Page 8 of 18 2.20 Drip Pans. Stationary equipment, such, as motors, pumps, generators, and welders, located within or adjacent to the stream/lake shall be positioned over drip pans. 2.21 Equipment and Vehicle Spills and Contaminants. Any equipment or vehicles driven and/or operated within or adjacent to a stream shall be checked and maintained daily to prevent leaks'. 2.22 Spill Clean-up. Theclean-up'of all 'spillsshall begin immediately upon observation of the spill, and immediately thereafter the DFG shall be notified of the spill and any-clean-up procedures recommended by the DFG shall be followed by the person' or persons completing the cleanup. 2.23 No Equipment in Drip Line of Oaks. No equipment shall be operated within the drip line of oaks. Protective fencing shall be placed'around the drip lines of oaks: to prevent compaction, of the root zone. Turbidity/Siltation 2.24 Keep Polluted Water from Entering Stream Zone'. Silty/turbid water shall not be discharged into the stream. Such water shall be settled,, filtered, or otherwise treated prior to discharge', The Permitte.e's ability to minimize, turbidity/siltation shall be. the subject of pre-construction planning and feature implementation. 2.25 Halt Activities if High Turbidity/Siltation Occurs, Upon DFG determination, that turbidity/siltation levels resulting from project-related activities constitute a threat to aquatic life,, activities associated with the turbidity/siltation, shall be halted until. effective DFG approved control devices are installed, or abatement procedures are. initiated.. 2.26: Dust, Drainage, and Erosion Control. Adequate control of dUst, drainage,. and erosion shall' be. required in the project plans and grading' permit conditions.. The erosion control material shall -include a hydroseed-mix of non-invasive herbaceous species, consisting mostly of grasses.. In addition, construction storm water management plans shall be prepared and followed through thez implementation, of :a Storm Water Pollution Prevention Plan (SWPPP) (Chang Consultants,, February. 2010). 2.27 Reduce, Erosion POtential. Runoff from steep, erodible surfaces shall be diverted into stable areas with little erosion. potential. Frequent water checks shal,l be placed. on dirt 'roads,, cat tracks, or other work trails to control erosion. Notification #1600-2005-0701 -R5 Streambed Alteration Agreement Page 9 of 18' Pollution, Litter, and Cleanup 2.28 Keep Pollutants Out of Stream Zone. No debris, soil, silt, sand, bark; slash, sawdust, rubbish, construction waste, cement or concrete or washings. thereof, asphalt, paint, oil or other petroleum products or any other substances which could be hazardous to aquatic life, or other organic or earthen material from any construction:, or other associated project related activity shall be allowed to contaminate the soil and/or enter into or be placed where it may be washed by rainfall or runoff into, streams-or lakes. Any of these materials, placed within or where they may enter a stream or lake shall be removed immediately upon observation of their presence. When operations, are completed, any excess materials or debris shall be removed from, the work.area. No rubbish shall be deposited within 150 feet of the high water mark of any stream. or lake. 2.29 Litter and Pollution Control.. All litter and pollution laws shall be followed. Fully covered trash receptacles with secure. lids (wildlife proof) shall be installed and used in all work areas' that may contain food, food 'scraps, food wrappers, beverage containers,, and other miscellaneous trash.. 2.30 Equipment Maintenance. No equipment maintenance shall be. done within or near' any stream or lake where' petroleum 'products or other pollutants from the equipment may enter these areas under any: flow'. Fill and Spoils 2.31' Spoil Sites.. Spoil sites shall not be located within a stream, where spoil could he' washed back into a stream, or where it could cover aquatic or riparian vegetation.. 2.32 Reduce Erosion Potential'. Areas with disturbed soils upslope from DFG jurisdictional habitat shall be stabilized to reduce erosion potential. Planting, seeding', and mulching of the disturbed soils is conditionally acceptable'. Where suitable vegetation cannot reasonably be expected to, becqme established, non- erodible materials, shall be: used for such stabilization. 2.33 Fill Materials'. Fill materials may come from on-site sources or be imported. All fill material shall be free from contaminates such as trash, debris, or any other material deleterious to aquatic life o,rwater quality. All fill shall be heavily, compacted.. Notification #1600-2005-0701-R5 Streambed Alteration Agreement Page 10 of 18 Weed Management 2.34 Use of Herbicides. All herbicide use conditions for mixing, application, and clean:- up shall conform to all appliOable federal, state, and local, regulations. 2.35 Licensed Applicator. Any application of herbicide shall be done by a licensed. applicator in accordance with all applicable, federal, state, local laws, and procedures and/or guideliness. 2.36 Herbicide Application. The application of herbicides shall be conducted in sUch: a manner to: minimize overspray of herbicide on to adjacent native vegetation. Herbicide shall. be applied only on calm days: to prevent airborne transfer of the herbicide. The D.FG recognizes small individuals of native woody species may be: inadvertently damaged. during invasive species: removal activity.. Should: collateral damage occur, native woody vegetation shall be left to re-sprout. 2.3.7 Herbicide Mixing Sites. Herbicide mixing sites shall. be located only in areas devoid of vegetation, and where there is no potential' of a spill reaching a vegetated area or a stream. 2.38: Aquatic Environment Approved. Any herbicide used where. there is the possibility that the herbicide could come into contact with water shall be approved for use in an aquatic environment. 2.39 Removal and Disposal. of Non-Native Vegetation. Non-native vegetation shall. be removed from the mitigation areas and shall be :diposed of legally in a manner which prevents its reestablishment in DFG jurisdictional habitat and in a manner that. does, not negatively effect other sensitive native habitat. 2.4.0: Landscape Design. The project landscaping design shall limit plantings to non- invasives, avoiding those species listed by the California Invasive Plant. Council (Cal-I PC) in the California Invasive Plant Inventory (2007) (http://WWW.cal- ipc.org/ip/inventory/inde)(.pho). 3. Compensatory Measures. To: compensate for adverse impacts: to: fish and wildlife resources identified above,that cannot be avoided or minimized, Permittee shall implement 3.08 acres of onsite Wetland mitigati0n along Buena Vista Creek Notification #1600-2005-0701-R5, Streambed Alteration Agreement Page 11 of 18 Thl l flifrihi itinn rlf Mitiritiriri to Jurisdictional Wetlands and Non-Wetland Resources Habitat. impacts (acres) Ratio Mitigation. Area (acres) ______________ Southern' 9.55 0.05 3:1 0.15 cottonwood- willow riparian forest Southern willow 2.29 0.85 3:1 2.55 scrub Riparian 0.57 0.00 3:1 0.00 Woodland Fresh Water 0.54 0.06 3:1 0.1.8 Marsh Open water . 0.17 0.00 1 1:1 0.00 Streambed 0.38 0.00 1:1 0.00 Total: 13.50 0.96 --- 2.88 Tablc? 2 Corn nnsatorv' Miticiation Habitat Type Wetland lmpaci Creation.. Restoration Enhancement . Total Southern cottonwood- 0.05 willow ,riparian forest'. 1.681 0.36 1.04' . 3.08 2' Southern 0.85 willow sôrub Freshwater' ' 0.06 marsh 0.96 Total:' All ereation/fte,oration shall be'a mosaic ot southern, willow scrub; mule rat scrub, riparian wooaiana, and southern riparian forest habitat. Includes 0.20 acres of excess habitat that will be created as a contingency area to insure that the mitigation goals are met. 3.1 Mitigation For Impacts., Mitigation 'for impacts depicted in the' above impact table shall be. accomplished. through the creation, restoration/enhancement and/or preservation of like habitat. within DFG approved onsite mitigation' areas dedicated as open 'space or protected through other means approved by the DFG. 3.2 Compensation For Impacts. The Permittee shall compensate for impacts to 0.96 acres of jurisdictional wetlands and waterways through implementation of the following measures: 1.68 acres: of riparian habitat creation, 0.36: acres of riparian habitat- restoration., and at least 1.04 acres of-wetland habitat 'enhancement (See Table 2 above). In addition, all the remainingjtirisdictional areas along Buena Vista Creek with the exception: of potential fUture road crossing, including southern cottonwood-willow riparian forest', southern willow scrub, freshwater Notification #1600-2005-0701-R5 Streambed Alteration Agreement Page 12 of 18 marsh, jurisdictional non-wetland waters/streambeds, and open water, shall be preserved. 3.3 Biological And Planning Buffers. Biological and planning buffers shall be combined to create an overall average width of 100 feet for the biological buffer measured horizontally from outer edge of the widened creek channel bottom.. The biological buffer shall include (1) all of the graded slopes and terraces containing coastal sage scrub (CSS) creation specified in the Wetland Mitigation Plan, and (2) where the top edge of a slope is less than 100-feet from the created channel edge, an additional area that will be revegetated with native, upland species following final grading for a future end use. 3.4 Riparian and CSS Restoration. Plan.. Permittee shall prepare a riparian and CSS restoration plan to be reviewed and approved by the DFG a minimum of 60 days prior to project impacts. The restoration of the, biological buffer will occur in two phases-the inside 80 feet (i.e., closest to the riparian vegetation; 80-foot wide area) will be restored in conjunction with the project implementation, and the outside 20 feet (20-foot wide area) will be restored upon final grading of the future .end use (future development). The restoration of the 80-foot wide area will be subject to success criteria and 5 years of maintenance andrnonitoring (as described in condition 3.9 beloW) as part of the Project, and the 20-foot wide area will be temporarily vegetated, with native cover as part of this Project and fully restored upon final grading for the future development. 3.5 Biological Conservation Easement.. The Permittee shall execute and record a perpetual biological conservation easement over the onsite Buena. Vista Creek, preserve area. The P'ermittee shall submit the final easementand evidence of its recordation to the DFG within. 10 days of receiving the last agency approval by an entity with review responsibility Over the easement. The easement shall preserve in perpetuity all onsite mitigation and preservation areas: over the Buena Vista Creek corridor within which the wetland onsite mitigation areas occur. The easement must be adequate to demonstrate that the mitigation site will be maintained Without future development or encroachment on the site. that. could otherwise reduce the functions and values of the site for the variety of beneficial uses of waters of the U.S./State.that it supports.. The conservation easement must: prohibit all residential, commercial, industrial, institutional, and transportation development, and any other infrastructure development that would not maintain or enhance the wetland and streambed functions and values of the site', except for a provision recognizing that.a road crossing may be required in connection with the future end use of the property (though only if 'required by the future end use of the property), as well as for local agency easements over storm drain outfalls and the sewer/utility, sleeve being installed in conjunction with this project. The easement shall state clearly that, no new rights or easements' shall be. granted within"this 'area that would. result in soil disturbance and/or vegetation removal within the compensatory mitigation area., except as approved by the DFG. New infrastructure development to be prohibited includes, but is not limited to, additional utility lines, Notification #1600-2005-0701-R5 Streambed Alteration Agreement Page 13 of .1.8 maintenance roads, and areas of maintained landscaping for recreation, excepting any prior rights under previously recorded easements 3.6 Grantee. The Grantee named on the conservation easement instrument shall be approved by the DFG', and must be an entity that meets the requirements identified in Government Code Section 65965. The conservation easement shall be approved by DFG. The DFG's review can be expedited through the use of the most current Conservation. Easement Template,, available by contacting the 1600 program at (858) 636-3160. The submittal, shall include an electronic version of the Easement, with changes to the template shown in redline/strikeout format, as. well as a clean version and all applicable exhibits, and shall be sent to the DFG at. 4949 Viewridge Avenue, San Diego, CA 92123, Attn.: Streambed Alteration Program - SAA # 1600-2005-0701-R5. 3.7 Management, Maintenance, and Monitoring Plan (MMMP). Prior tograding, the Permittee shall (a). submit a perpetual MMMP for the biological conservation' easement areas to the DFG for approval at least 30 days prior to initiating Project. impacts, and (b) within 60 days of receiving approval of the draft' plan,., submit the final MMMP and contract with the approved land manager to the DFG, and transfer the funds for a non-wasting endowment to a non-profit conservation entity. The MMMP shall treat the entire 100-foot buffer as restored CSS even though the 20- foot wide area may not be restored until after the long-term 'management of the 80- foot wide area begins, and the non-wasting endowment shall be an amount approved by the. DFG based. on a Property Analysis Record (PAR) or similar cost estimation method to secure the ongoing funding for the implementation of the MMMP'. 3.8 Implementation of Mitigation. Implementation of the onsite compensatory mitigation shall commence within 'six months (180 days) of impacts to onsite jurisdictional wetlands as authorized by this regulatory approval. The construction of the proposed Onsite mitigation' shall be completed within 12 months of initial occurrence of project impacts, to jurisdictional wetlands. 3.9. Success Criteria. To ensure a successful revegetation effort, all plants shall be monitored and maintained for five: years, or as. necessary, to achieve a minimum of 100%' survival the first year and 80% survival thereafter and/or-75% cover of native woody perennials after 3 years. and 90% cover of native, woody' perennials at the end o.f'the 5th year. 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 until the restoration site meets the overall success criteria Atthe completion of the monitoring period, the: creation site shall have received no supplemental irrigation for the two consecutive years prior to the completion of the monitoring period, nonnative plants shall not makeup 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 ofinvasive exotic plant species such as Tarnarisksp. and Arundo. donax. Notification #1600-2005-0701-R5' Streambed Alteration Agreement Page 14 of 18 3.10 Release Criteria. The Permittee shall not be released from these maintenance, and monitoring obligations .associated with the, creation mitigation obligation until such: time as the Permittee has requested and received, written concurrence from the DFG that the success criteria, have been met. 3.11 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 the DFG and may include creation, restoration, or enhancement 4. Reporting Measures. Permittee shall meet each reporting requirement described below. 4.1 Protect Initiation And. COmpletion Notification(s). The Permittee shall notify the DEC, in writing, at least five. (5) days prior to initiation of construction (Project) activities and at least, five (5) days prior to completion of construction (Project) activities. Notification shall be sent, to the South Coast Region office. at the above address, Attn:. Streambed, SAA#1 600-2005-0701-R5. 4.2 90-Day Plant Establishment Report. The Permittee shall submit a, report to the DFG within: 30 days. of completion of the: 90-day plant establishment period for the onsite cbmpensatorymitigation plans. The report will include a topographic map showing any changed contours of the compensatory mitigation areas and the'as- built locations of irrigation and plantings, if significantly different from original construction plans. The report would also be inclusive of the Year 0 baseline data. 4.3 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 - September and thus must be submitted no later than November 15111. Monitoring reports shall, include, but not be limited to, the, following': a. Title pages identifying the regulatory agency permit numbers a,nd 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; Number by species of plants' replaced;' Method used. to assess: these parameters; Progress photographs. taken from the same advantage point as baseline photographs; , Notification #1600-20050701-R5 Streambed Alteration Agreement Page 15 of 18. ft Maps identifying monitoring, areas, transect locations, and planting zone's;: and I. Detailed remedial maintenance to be performed. 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: Marvin Howell Hanson Aggregates Pacific Southwest, Inc. P.O. Box 639069 San Diego, CA.. 92163-9069 Fax:. (858),277-6476: Email: Marv.in.Howell@hanson:.biz To DFG: DFG of Fish and Game South Coast Region 4949 Viewridge Avenue . San Diego, CA 92123 Attn: Lake and Streambe.d.Alteration Program— Darren Bradford Notification #1600-200.5-0701R5 Fax: (858) 467-4299 Email: DBradfo.rddfg.ca.gov 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. orany 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. SUSPENSION AND REVOCATION DFG may suspend: or revoke in its entirety the. Agreement if it determines that Perrn.ittee 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. . Notification #1600-2005-0701-R5 Stream bed, Alteration Agreement Page 16 of 18 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 n o t i c e shall state the reason(s) for the proposed suspension or revocation, provide Perm i t t e e 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 DF G t o issue the notice. ENFORCEMENT Nothing in the Agreement precludes DFG from pursuing an enforcement action agains t 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: P'ermittee 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 t h e . project or an activity related to. it. This Ag reement 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, b u t . 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 fo.r fish),., :and 5948' (obstruction of stream),. Nothing in the Agreement authorizes. Permittee or any person acting on behalf o f Permittee, including its officers, employees, representatives., agents., or contractors and subcontractors',, to trespass. AMENDMENT DFG may amend the. Ag reement at any time,during its term if DFG determines the amendment is. necessary' to protect an existing'fish or wildlife resource. P'ermitte.e may amend the. Agreement at any, time during its term, provided the amendment is mutually agreed to in writing' by DFG and Permittee. To reques t a n amendment, Permittee shall submit to DFG a completed. DFG "Request to Am e n d L a k e or Streambed Alteration" form and include with' the completed form payment of t h e Notification #1600-2005-0701-R5 Streambed Alteration Agreement Page 17 of 18 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 ofthe 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 transferor assignment, Permittee shalt 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 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 & C. Code, § 1605, subd. (f). EFFECTIVE DATE, The. Agreement becomes effective on the date of.DFG's signature, which 'shall be: 1) after Permittee's signature; 2) after DFG complies with all applicable requirements under the. California Environmental Quality Act (CEQ'A); and: 3) after payment of-the, applicable FCC section '711.4 filing fee listed at http://www.dfg.,ca.gov/habcon/cega/cega changes. htmL TERM This Agreement shall expire':on February 15, 20161 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 #1600-2005-0701-R5 Streambèd Alteration Agreement Page 18 of 18 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 diffërent:from the project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify. D,FG in accordance with FGC section. 1602. CONCURRENCE The undersigned accepts and agrees to comply With all provisions contained. herein. FOR HANSON AGGREGATES PACIFIC SOUTHWEST, INC.- J& t Marvin Hwell I Date 1i ) FOR DkiOAF11S A •G E Step n M. Juarez Date Environmental Program /nager South Coast Region • • • Prepared by: Darrén. Bradford Environmental Scientist