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HomeMy WebLinkAboutHabitat Restoration Sciences Inc; 2019-01-23; PSA19-709TRANPSA19-709TRAN City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 1 TO EXTEND AGREEMENT FOR LA COSTA AVENUE, KELLY DRIVE CHANNEL AND TAMARACK AVENUE CHANNEL MAINTENANCE SERVICES HABITAT RESTORATION SCIENCES, INC. This Amendment No. 1 is entered into and effective as of the _______ day of ___________________________, 2021, extending the agreement dated January 23, 2019, (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Habitat Restoration Sciences, Inc., a California corporation (“Contractor"). RECITALS A. The Parties desire to extend the Agreement for a period of one (1) year; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on January 22, 2022. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: F6DAFF2F-9277-4AC4-B382-330C14DFDD77 15th January PSA19-709TRAN City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR HABITAT RESTORATION SCIENCES, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Robert Kyle Matthews, Vice President (print name/title) By: (sign here) Cynthia Thompson, Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: F6DAFF2F-9277-4AC4-B382-330C14DFDD77 PSA19-709TRAN City Attorney Approved Version 6/12/18 1 AGREEMENT FOR LA COSTA AVENUE, KELLY DRIVE CHANNEL AND TAMARACK AVENUE CHANNEL MAINTENANCE SERVICES HABITAT RESTORATION SCIENCES, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2019, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and HABITAT RESTORATION SCIENCES, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in long term vegetation maintenance and habitat restoration. B. Contractor has the necessary experience in providing professional services and advice related to long term maintenance. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty two thousand dollars ($32,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed sixteen thousand dollars ($16,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 23rd January PSA19-709TRAN City Attorney Approved Version 6/12/18 2 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 PSA19-709TRAN City Attorney Approved Version 6/12/18 3 recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. $ Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 PSA19-709TRAN City Attorney Approved Version 6/12/18 4 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. /// /// /// /// DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 PSA19-709TRAN City Attorney Approved Version 6/12/18 5 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Daniel Zimny Name Kyle Matthews Title Associate Engineer Title Project Manager Department Public Works Address 1217 Distribution Way City of Carlsbad Vista, CA 92081 Address 1635 Faraday Avenue Phone No. 760-479-4210 Carlsbad, CA 92008 Email kmatthews@hrs.dudek.com Phone No. 760-602-7551 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 PSA19-709TRAN City Attorney Approved Version 6/12/18 6 City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 PSA19-709TRAN City Attorney Approved Version 6/12/18 7 County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 PSA19-709TRAN City Attorney Approved Version 6/12/18 8 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California HABITAT RESTORATION SCIENCES, INC., a California corporation By: By: (sign here) Paz Gomez, Public Works Director as authorized by the City Manager Robert Kyle Matthews, Vice President (print name/title) By: (sign here) Cynthia Thompson, Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 PSA19-709TRAN City Attorney Approved Version 6/12/18 9 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 2018-222 1 January 2019 1217 DISTRIBUTION WAY VISTA, CALIFORNIA 92081 T 760.479.4210 F 760.479.4190 January 8, 2019 2018-222 Daniel Zimny City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Proposal for La Costa Avenue, Kelly Drive, and Tamarack Avenue Maintenance Dear Mr. Zimny, Habitat Restoration Sciences, Inc. (HRS) is providing this proposal for implementing two years of maintenance at three small sites as described in the description. The cost estimate and scope of work are provided below. 1 Scope of Work All three sites recently had repair work completed followed by stabilization via BMP installation and hydroseed application. HRS will perform maintenance work for two years at each of the sites as detailed below. Maintenance visits to all sites will be performed in conjunction when possible for cost savings. A Biological Monitor will be retained separately by the City. 1.1 La Costa Avenue HRS will perform two years of maintenance tasks at the project site near La Costa Avenue and east of I-5. During the first maintenance visit, HRS will install jute netting to stabilize the work area. Additionally, 6 1-gallon container plants will be installed. Maintenance visits will occur as necessary for two years but at a minimum bi-monthly (6 visits per year). Maintenance tasks will include trash/debris removal, manual watering, and weed control. Up to 5 additional watering visits (separate from those performed concurrent with maintenance visits) will be performed per year. In summary, a total of 12 maintenance visits and 10 additional watering visits will be performed over the course of the two-year period. Water usage and meter fees are included in the provided cost. Cost for Task 1.1 ....................................................................................................................................................... $7,500.00 1.2 Kelly Drive Channel HRS will perform two years of maintenance tasks at the project site near Kelly Drive where the channel repair recently occurred. Maintenance visits will occur as necessary for two years but at a minimum bi-monthly (6 visits per year). Maintenance tasks will include trash/debris removal, manual watering, and weed control. Up to 5 additional watering visits (separate from those performed concurrent with maintenance visits) will be performed per year. In summary, a total of 12 maintenance visits and 10 additional watering visits will be performed over the course of the two-year period. Water usage and meter fees are included in the provided cost. Cost for Task 1.2 ....................................................................................................................................................... $7,000.00 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 Mr. Daniel Zimny Subject: Proposal for La Costa Avenue, Kelly Drive, and Tamarack Avenue Maintenance 2018-222 2 January 2019 1.3 Tamarack Avenue and El Camino Real HRS will perform two years of maintenance tasks at the 30,000 SF project site at the corner of Tamarack Avenue and El Camino Real. Maintenance visits will occur as necessary for two years but at a minimum bi-monthly (6 visits per year). Maintenance tasks will include trash/debris removal, manual watering, and weed control. Up to 5 additional watering visits (separate from those performed concurrent with maintenance visits) will be performed per year. In summary, a total of 12 maintenance visits and 10 additional watering visits will be performed over the course of the two-year period. Water usage and meter fees are included in the provided cost. Cost for Task 1.3 ..................................................................................................................................................... $17,500.00 Total Cost .......................................................................................................................................................... $32,000.00 Assumptions: HRS assumes prevailing maintenance wages. HRS assumes no plant establishment period is required but that all sites are currently in the long-term maintenance phase of the project for the term referenced. Exclusions: This proposal does not include permit fees, hazardous materials removal, coring, boring, or breaking. HRS excludes cost of development of SWPPP plan and any QSD/QSP services. Please review the scope of work and associated costs, as we feel we have addressed the services you have requested at this time. We are pleased you have considered HRS for proposed services for the City of Carlsbad. This cost estimate is good for 30 days from the date on the proposal. If you have any questions regarding this scope of work, you can contact Kyle Matthews via email at kmatthews@hrs.dudek.com or his cell phone at (760) 310-4512. I can be reached through e-mail at mgirard@hrs.dudek.com and by phone at (760) 519-7230. Sincerely, ____________________________________ Mark Girard, CEO & Founder Habitat Restoration Contractor License A & C-27 #842661 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 ATTACHMENT A LA COSTA AVENUE RIGHT OF ENTRY PERMIT DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 6 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 7 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 8 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 9 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 10 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 11 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 12 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 13 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 14 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 15 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 16 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 17 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 18 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 19 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 20 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 21 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 22 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 23 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 24 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 25 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 26 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018Item #5 Page 27 of 33DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018 Item #5 Page 28 of 33 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018Item #5 Page 29 of 33DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018Item #5 Page 30 of 33DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018Item #5 Page 31 of 33DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 July 10, 2018Item #5 Page 32 of 33DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 ATTACHMENT B KELLY DRIVE CHANNEL REGIONAL GENERAL PERMIT 63 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT 5900 LA PLACE COURT, SUITE 100 CARLSBAD, CA 92008 November 15, 2018 SUBJECT: Regional General Permit Verification Paz Gomez City of Carlsbad- Public Works1635 Faraday AveCarlsbad, California 92008 Dear Mr./Ms. Gomez: I am responding to your request (SPL-2018-00626-JDR) for a Department of the Army permit for your proposed project, City of Carlsbad - Kelly Channel Failure. The proposed project is located at 4862 Kelly Drive, in the city of Carlsbad, San Diego County, California. Because this project would result in a discharge of dredged and/or fill material into waters of the United States a Department of the Army permit is required pursuant to Section 404 of the Clean Water Act (33 USC 1344; 33 CFR parts 323 and 330). I have determined construction of your proposed project, if constructed as described in your application, would comply with Regional General Permit (RGP) No 63. Specifically, Repair and Protection Activities in Emergency Situations, and as shown in the enclosed figure(s) titled Figure 2, you are authorized to: 1.Specifically, and as shown in the attached Figure 2, this verification authorizes thepermanent discharge of 50 CY of concrete into 0.005 acres (250 square feet) ofjurisdictional non wetland waters of the U.S., specifically Kelly Channel, for the purposeof repairing an existing portion a concrete lined channel to protect private property from the imminent threat of storm damage. Project related impacts will result in the permanent loss of 0.005 acres of jurisdictional non wetland waters of the U.S. 2.Specifically, and as shown in the attached Figure 3a and 3b, this verification authorizesthe temporary installation of BMPs including geotextile and mat (plastic cover) and check dam (gravel bags) per the storm water pollution prevention plan into jurisdictional non wetland waters of the U.S., specifically Kelly Channel, for the purpose of repairing anexisting portion a concrete lined channel to protect private property from the imminentthreat of storm damage. DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 -2- For this RGP verification letter to be valid, you must comply with all of the terms and conditions stated in the enclosed copy of the RGP. Furthermore, you must comply with the following non-discretionary Special Conditions: Special Conditions: 1.Prior to initiating construction in waters of the U.S., the Permittee shall submit to the CorpsRegulatory Division a complete set of final detailed grading/construction plans showing allwork and structures in waters of the U.S. All plans shall be in compliance with the Final Mapand Drawing Standards for the South Pacific Division Regulatory Program dated February 10, 2016 (http://www.spd.usace.army.mil/Missions/Regulatory/PublicNoticesandReferences/tabid/ 10390/Article/651327/updated-map-and-drawing-standards.aspx). All plan sheets shall be signed, dated, and submitted on paper no larger than 11x 17 inches. No work in waters of the U.S. is authorized until the Permittee receives, in writing (by letter or email), Corps Regulatory Division approval of the final detailed grading/construction plans. The Permittee shall ensure that the project is built in accordance with the Corps-approved plans. 2.Within 45 calendar days of completion of authorized work in waters of the U.S., the Permitteeshall submit to the Corps Regulatory Division a post-project implementation memorandum including the following information:a)Date(s) work within waters of the U.S. was initiated and completed;b)Summary of compliance status with each special condition of this permit (includingany noncompliance that previously occurred or is currently occurring and correctiveactions taken or proposed to achieve compliance); c)Color photographs (including map of photo points) taken at the project site before andafter construction for those aspects directly associated with permanent impacts towaters of the U.S. such that the extent of authorized fills can be verified;d)One copy of "as built" drawings for the entire project. Electronic submittal (AdobePDF format) is preferred. All sheets must be signed, dated, and to-scale. If submitting paper copies, sheets must be no larger than 11 x 17 inches; ande)Signed Certification of Compliance (attached as part of this permit package). 3.At the conclusion of the project, all temporary fill shall be removed and the area shall berestored to pre-construction conditions (contours and vegetated condition) to the maximum extent practicable. The Permittee shall hydroseed the disturbed portions of the earthen stream banks with native non-invasive vegetation of facultative upland (FACU) or wetter species, asappropriate. The Permittee shall submit the proposed planting palette for review and approvalby the Corps, prior to initiation of construction. The Permittee shall ensure the hydroseededareas are maintained and monitored for a period of two years after completing the seeding activities, such that less than 10 percent of the areas disturbed by the project are vegetated by non-native and invasive plant species. Monitoring reports shall be submitted by the Permittee DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 -3- to the Corps, by May 15th annually, one and two years following hydroseeding, documenting the recovery of the restored areas. 4.This permit is contingent upon the issuance of a Section 401 Water Quality Certification(WQC) from the San Diego Regional Water Quality Control Board (RWQCB). The Permittee shall abide by the terms and conditions of the Clean Water Act Section 401 WQC. ThePermittee shall submit the Section 401 WQC to the Corps Regulatory Division (preferablyvia email) within two weeks of receipt from the issuing state agency. The Permittee shall notproceed with construction until receiving an email or other written notification from CorpsRegulatory Division acknowledging the Clean Water Act 401 WQC has been received, reviewed, and deetermined to be acceptable. If the RWQCB fails to act on a request forcertification within 60 days after receipt of a complete application, please notify the Corps sowe may consider whether a waiver of water quality certification is warranted pursuant to 33CFR 325.2(b)(1)(ii). 5.The Permittee shall allow the Corps to inspect the authorized activities at any time deemednecessary to verify compliance with permit terms and conditions. 6.Pursuant to 36 C.F.R. section 800.13, in the event of any discoveries during construction ofeither human remains, archaeological deposits, or any other type of historic property, the Permittee shall notify the Corps Project Manager for this project (Jonah Reenders at 760-602-4841) and the Corps’ Archaeology Staff (Danielle Storey at 213-452-3855 or Meg McDonaldat 213-452-3849) within 24 hours. The Permittee shall immediately suspend all work in anyarea(s) where potential cultural resources are discovered. The Permittee shall not resumeconstruction in the area surrounding the potential cultural resources until the Corps Regulatory Division re-authorizes project construction, per 36 C.F.R. section 800.13 7.All vehicle maintenance, staging, storage, and dispensing of fuel shall occur in designatedupland areas. These designated upland areas shall be located in such a manner as to preventany runoff entering waters of the U.S. 8.No debris, soil, silt, sand, sawdust, rubbish, cement, or concrete washings thereof, oil orpetroleum products, from construction shall be allowed to enter into or be placed where it maybe washed by rainfall or runoff into waters of the U.S. Therefore, the Permittee shall employall BMPs necessary to prevent toxic materials, silt, debris, or excessive erosion from entering waters of the U.S. during project construction. Upon completion of the activities authorized by the permit, any excess material or debris shall be removed from the work area and disposedof in an appropriate upland site. No later than one year following completion of authorized work in waters of the U.S., the permittee shall ensure all sites within waters of the U.S. subject to authorized, temporary impacts are restored to pre-project alignments, elevation contours, and conditions to the maximum extent DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 -4- practicable to ensure expeditious resumption of aquatic resource functions. No later than 45 calendar days following completion of authorized work in waters of the U.S., the permittee shall submit a memorandum documenting compliance with this special condition. The work authorized by this RGP must be underway no later than fourteen (14) calendar days from date of issuance of this letter of verification. All work must be completed no later than November 28 2018. If the Permittee is unable to complete the authorized work by this date, the Permittee must request, in writing, an extension from the Corps Regulatory Division prior to the deadline. As noted in General Condition 26 of RGP 63 the Permittee shall provide a written report of activities completed within 45 days of project completion. A general permit does not grant any property rights or exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. Thank you for participating in the regulatory program. If you have any questions, contact Jonah Reenders at 760-602-4841 or via e-mail at Jonah.D.Reenders@usace.army.mil. Please help me to evaluate and improve the regulatory experience for others by completing the customer survey form at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Sincerely, Kyle Dahl Team Lead South Coast Branch Enclosure(s) DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 KELLY CHANNEL EMERGENCY REPAIR 6606 1 EL CAMINO REA L CANNON RD.TAMARAC K AVE.KELLYDR.PARKDR. HILLSID E DR.NEBLINADR.KELLY CHANNEL &SDG&E EASEMENT SITE SITE Figure 1DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 EXISTING CONDITION PER DWG. 152-8 BBSECTION B-B REPAIR AREAEXISTING ACCESS GATEKELLY CHANNELEMERGENCY REPAIRLOCATION OF REPAIR AREACONCRETE DELIVERY AND PUMP LOCATIONLEGEND:660611INGRESS AND EGRESS ROUTEESTIMATED EXTENT OF VOIDESTIMATED QUANTITIESHEIGHTSPANWIDTHVOID VOLUMEFTFTFTCY209827Figure 2DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 HILLSIDEAURA KELLY§¨¦5 CANNO N R DTAMAR A C K A V CARLSBAD B L ELC A MINOREAL TIER 1 SWPPP ±0 50 10025Feet KELLY CHANNEL EMERGENCY REPAIR LEGEND SYMBOL DWG DESCRIPTION EC-7 GEOTEXTILE & MAT (PLASTIC COVER) SE-4 CHECK DAM (GRAVEL BAGS) SE-10 STORM DRAIN INLET PROTECTION TR-1 STABILIZED INGRESS/EGRESS TR-2 STABILIZED ROADWAY WM-1 MATERIAL DELIVERY (SHOTCRETE) WM-2 MATERIAL USE AREA (SHOTCRETE) WM-4 SPILL PREVENTION AND CONTROL WM-8 CONCRETE WASTE MANAGEMENT SWPPP NOTES 5 2 3 4 1 1 USE RIGHT OF ENTRY AGREEMENT FOR 4866 KELLYDRIVE TO EXTEND PUMP HOSE OVER PROPERTY AND CONVEY SHOTCRETE DIRECTLY INTO FORMS 2 LAY PLASTIC WRAP WITHIN WORK AREA PER CASQAEC-7 TO PROVIDE A PROTECTIVE BARRIER OVER THE NATURAL CHANNEL BED. REMOVE PLASTICAND COLLECTED DEBRIS AT END OF REPAIR 3 DEWATER PONDED WATER FROM SITE 4 DISCHARGE PUMPED WATER DIRECTLY ONTO CONCRETE LINED PORTION OF THE CHANNEL TOPREVENT EROSION FROM DEWATERING. USE PLASTIC WRAP AS NECESSARY. 5 FOOT TRAFFIC INGRESS/EGRESS ONLY Figure 3aDocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 Figure 3bDaniel Zimny4862 Kelly Drive, Carlsbad CA 92008Daniel Zimny760-602-7551DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 Site Photo Kelly Channel Emergency Repair Figure 1: Concrete channel failure east of 4862 Kelly Drive and facing north. Fence line of 4862 Kelly Drive is to the left. The volume of the void is approximated at 27 cubic yards. Figure 4DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 Quantity Increase Justification CIP# 6606 Regional General Permit 63 Kelly Channel 2018 Emergency Repair             Faraday Center          1635 Faraday Avenue     Carlsbad CA, 92008     760‐602‐2730   760‐602‐8562 fax  September 26th 2018   Site Conditions and Calculations      Figure 1: Profile view of void        DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 Quantity Increase Justification CIP# 6606 Regional General Permit 63 Kelly Channel 2018 Emergency Repair             Faraday Center          1635 Faraday Avenue     Carlsbad CA, 92008     760‐602‐2730   760‐602‐8562 fax  November 6th 2018   Site Conditions and Calculations      Figure 2: Profile View of Void  11 Foot Width 10 Feet Void Max. Depth DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 Quantity Increase Justification CIP# 6606 Regional General Permit 63 Kelly Channel 2018 Emergency Repair  Faraday Center   1635 Faraday Avenue     Carlsbad CA, 92008     760‐602‐2730   760‐602‐8562 fax  Figure 3: Frontal View of Void  HEIGHT SPAN WIDTH VOID VOLUME FT FT FT CY 10 24 11 50 ESTIMATED QUANTITIES 8 Feet Fence Span DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 ATTACHMENT C TAMARACK CHANNEL NATIONWIDE PERMIT DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 DEPARTMENT OF THE ARMYLOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS5900 LA PLACE COURT, SUITE 100CARLSBAD, CA 92008 October 29, 2018 SUBJECT: After the Fact Nationwide Permit (NWP) Verification Brandon Miles City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Dear Mr. Miles: I am responding to your request (SPL-2018-00097-JDR) for a Department of the Army permit for your proposed project, El Camino Real Bluff Failure at Tamarack Avenue. The proposed project is located on the corner of El Camino Real and Tamarack Ave in the city of Carlsbad, CA, San Diego County, California. (lat: 33.09163, long: 117.18476). A previous nationwide permit (NWP) 13- Bank Stabilization was issued on March 15, 2018, which authorized the permanent discharge of 60 CY of rock rip rap into 60 linear feet of jurisdictional non-wetland water. Upon completion of the project, it was observed that the work conducted was not in compliance with the Corps authorization. Specifically, unauthorized grading and realignment of the stream had occurred. This after the fact verification authorizes these deviations from the previously authorized project. Because this project would result in a discharge of dredged and/or fill material into waters of the U.S., a Department of the Army permit is required pursuant to Section 404 of the Clean Water Act (33 USC 1344; 33 CFR parts 323 and 330). I have determined construction of your project complies with Nationwide Permit (NWP) 13- Bank Stabilization. As an after the fact permit, the project is authorized under work already conducted, specifically: 1.Specifically, and as shown in the attached Figure 1, this verification authorizes the permanent discharge of 20 cubic yards (cy) of fill material into 0.040 acres of jurisdictional non wetland waters of the U.S., specifically an ephemeral drainage located at the corner of El Camino Real and Tamarack Avenue for the purpose of constructing bank stabilization. 2.Specifically, and as shown in the attached Figure 2, this verification authorizes the grading and realignment of 0.015 acres of jurisdictional non wetland waters of the U.S., specifically an ephemeral drainage located at the corner of El Camino Real and Tamarack Avenue for the purpose of bank stabilization. DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 - 2 - For this NWP verification letter to be valid, you must comply with all of the terms and conditions in Enclosure 1. Furthermore, you must comply with the non-discretionary Special Conditions listed below: 1.At the conclusion of the project, all temporary fill shall be removed and the area shall be restored to pre-construction conditions (contours and vegetated condition) to the maximum extent practicable. The Permittee shall hydroseed the disturbed portions of the earthen stream banks with native non-invasive vegetation of facultative upland (FACU) or wetter species, as appropriate. The Permittee shall submit the proposed planting palette for review and approval by the Corps, prior to initiation of construction. The Permittee shall ensure the hydroseeded areas are maintained and monitored for a period of two years after completing the seeding activities, such that less than 10 percent of the areas disturbed by the project are vegetated by non-native and invasive plant species. Monitoring reports shall be submitted by the Permittee to the Corps, by May 15th annually, one and two years following hydroseeding, documenting the recovery of the restored areas. 2.This permit is contingent upon the issuance of a Section 401 Water Quality Certification (WQC) from the San Diego Regional Water Quality Control Board (RWQCB). The Permittee shall abide by the terms and conditions of the Clean Water Act Section 401 WQC. The Permittee shall submit the Section 401 WQC to the Corps Regulatory Division (preferably via email) within two weeks of receipt from the issuing state agency. The Permittee shall not proceed with construction until receiving an email or other written notification from Corps Regulatory Division acknowledging the Clean Water Act 401 WQC has been received, reviewed, and deetermined to be acceptable. If the RWQCB fails to act on a request for certification within 60 days after receipt of a complete application, please notify the Corps so we may consider whether a waiver of water quality certification is warranted pursuant to 33 CFR 325.2(b)(1)(ii). 3.The Permittee shall allow the Corps to inspect the authorized activities at any time deemed necessary to verify compliance with permit terms and conditions. 4.Pursuant to 36 C.F.R. section 800.13, in the event of any discoveries during construction of either human remains, archaeological deposits, or any other type of historic property, the Permittee shall notify the Corps Project Manager for this project (Jonah Reenders at 760-602-4841) and the Corps’ Archaeology Staff (Danielle Storey at 213-452-3855 or Meg McDonald at 213-452-3849) within 24 hours. The Permittee shall immediately suspend all work in any area(s) where potential cultural resources are discovered. The Permittee shall not resume construction in the area surrounding the potential cultural resources until the Corps Regulatory Division re-authorizes project construction, per 36 C.F.R. section 800.13 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 - 3 - 5. All vehicle maintenance, staging, storage, and dispensing of fuel shall occur in designated upland areas. These designated upland areas shall be located in such a manner as to prevent any runoff entering waters of the U.S. 6. No debris, soil, silt, sand, sawdust, rubbish, cement, or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of the U.S. Therefore, the Permittee shall employ all BMPs necessary to prevent toxic materials, silt, debris, or excessive erosion from entering waters of the U.S. during project construction. Upon completion of the activities authorized by the permit, any excess material or debris shall be removed from the work area and disposed of in an appropriate upland site. This verification is valid through March 18, 2022. If on March 18, 2022 you have commenced or are under contract to commence the permitted activity you will have an additional twelve (12) months to complete the activity under the present NWP terms and conditions. However, if I discover noncompliance or unauthorized activities associated with the permitted activity I may request the use of discretionary authority in accordance with procedures in 33 CFR part 330.4(e) and 33 CFR part 330.5(c) or (d) to modify, suspend, or revoke this specific verification at an earlier date. Additionally, at the national level the Chief of Engineers, any time prior to March 18, 2022, may choose to modify, suspend, or revoke the nationwide use of a NWP after following procedures set forth in 33 CFR part 330.5. It is incumbent upon you to comply with all of the terms and conditions of this NWP verification and to remain informed of any change to the NWPs. A NWP does not grant any property rights or exclusive privileges. Additionally, it does not authorize any injury to the property, rights of others, nor does it authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, state, or local authorizations required by law. Thank you for participating in the Regulatory Program. If you have any questions, please contact Jonah Reenders at 760-602-4841 or via e-mail at Jonah.Reenders@usace.army.mil. DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 - 4 - Please help me to evaluate and improve the regulatory experience for others by completing the customer survey form at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Sincerely, Kyle Dahl Team Lead South Coast Branch Enclosures DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY NATIONWIDE PERMIT Permit Number: SPL-2018-00097-JDR Name of Permittee: Brandon Miles Date of Issuance: October 29, 2018 Upon completion of the activity authorized by this permit and the mitigation required by this permit, sign this certificate, and return it by ONE of the following methods; 1) Email a digital scan of the signed certificate to Jonah.D.Reenders@usace.army.mil OR 2) Mail the signed certificate to U.S. Army Corps of Engineers ATTN: Regulatory Division SPL-2018-00097-JDR I hereby certify that the authorized work and any required compensatory mitigation has been completed in accordance with the NWP authorization, including all general, regional, or activity- specific conditions. Furthermore, if credits from a mitigation bank or in-lieu fee program were used to satisfy compensatory mitigation requirements I have attached the documentation required by 33 CFR 332.3(l)(3) to confirm that the appropriate number and resource type of credits have been secured. ___________________________________ ________________________________ Signature of Permittee Date DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 Enclosure 1: NATIONWIDE PERMIT NUMBER 13 Nationwide Permit Terms: 13.Bank Stabilization. Bank stabilization activities necessary for erosion control or prevention, such as vegetative stabilization, bioengineering, sills, rip rap, revetment, gabion baskets, stream barbs, and bulkheads, or combinations of bank stabilization techniques, provided the activity meets all of the following criteria: (a) No material is placed in excess of the minimum needed for erosion protection; (b) The activity is no more than 500 feet in length along the bank, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in no more than minimal adverse environmental effects (an exception is for bulkheads – the district engineer cannot issue a waiver for a bulkhead that is greater than 1,000 feet in length along the bank); (c) The activity will not exceed an average of one cubic yard per running foot, as measured along the length of the treated bank, below the plane of the ordinary high water mark or the high tide line, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in no more than minimal adverse environmental effects; (d) The activity does not involve discharges of dredged or fill material into special aquatic sites, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in no more than minimal adverse environmental effects; (e) No material is of a type, or is placed in any location, or in any manner, that will impair surface water flow into or out of any waters of the United States; (f) No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored native trees and treetops may be used in low energy areas); (g) Native plants appropriate for current site conditions, including salinity, must be used for bioengineering or vegetative bank stabilization; (h) The activity is not a stream channelization activity; and (i) The activity must be properly maintained, which may require repairing it after severe storms or erosion events. This NWP authorizes those maintenance and repair activities if they require authorization. This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to construct the bank stabilization activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After construction, temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if the bank stabilization activity: (1) involves discharges into special aquatic sites; or (2) is in excess of 500 feet in length; or (3) will involve the discharge of greater than an average of one cubic yard per running foot as measured along the length of the treated bank, below the plane of the ordinary high water mark or the high tide line. (See general condition 32.) (Authorities: Sections 10 and 404) 2. General Conditions: The following general conditions must be followed in order for any authorization by an NWP to be valid: 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre- construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre-construction notification. In cases where the non- Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 notification that the proposed activity will have “no effect” on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether “incidental take” permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non- Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. (d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee- responsible mitigation. (4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.” (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) A description of the proposed activity; the activity’s purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre- construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the “study river” (see general condition 16); and (10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 (3) When agency coordination is required, the district engineer will immediately provide (e.g., via e- mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre- construction notifications to expedite agency coordination. . Regional Conditions for the Los Angeles District: 1. For all activities in waters of the U.S. that are suitable habitat for federally listed fish species, including designated critical habitat for such species, the permittee shall design all new or substantially reconstructed linear transportation crossings (e.g. roads, highways, railways, trails, bridges, culverts) to ensure that the passage and/or spawning of fish is not hindered. In these areas, the permittee shall employ bridge designs that span the stream or river, including pier- or pile-supported spans, or designs that use a bottomless arch culvert with a natural stream bed, unless determined to be impracticable by the Corps. 2. Nationwide Permits (NWP) 3, 7, 12-15, 17-19, 21, 23, 25, 29, 35, 36, or 39-46, 48-54 cannot be used to authorize structures, work, and/or the discharge of dredged or fill material that would result in the "loss" of wetlands, mudflats, vegetated shallows or riffle and pool complexes as defined at 40 CFR Part 230.40-45. The definition of "loss" for this regional condition is the same as the definition of "loss of waters of the United States" used for the Nationwide Permit Program. Furthermore, this regional condition applies only within the State of Arizona and within the Mojave and Sonoran (Colorado) desert regions of California. The desert regions in California are limited to four USGS Hydrologic Unit Code (HUC) accounting units (Lower Colorado -150301, Northern Mojave-180902, Southern Mojave-181001, and Salton Sea-181002). 3. When a pre-construction notification (PCN) is required, the Los Angeles District shall be notified in accordance with General Condition 32 using either the South Pacific Division PCN Checklist or a signed DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 application form (ENG Form 4345) with an attachment providing information on compliance with all of the General and Regional Conditions. The PCN Checklist and application form are available at: http://www.spl.usace.army.mil/Missions/Regulatory/PermitProcess.aspx. In addition, unless specifically waived by the Los Angeles District, the PCN shall include: a. A written statement describing how the activity has been designed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States; b. Drawings, including plan and cross-section views, clearly depicting the location, size and dimensions of the proposed activity as well as the location of delineated waters of the U.S. on the site. The drawings shall contain a title block, legend and scale, amount (in cubic yards) and area (in acres) of fill in Corps jurisdiction, including both permanent and temporary fills/structures. The ordinary high water mark or, if tidal waters, the mean high water mark and high tide line, should be shown (in feet), based on National Geodetic Vertical Datum (NGVD) or other appropriate referenced elevation. All drawings shall follow the Updated Map and Drawing Standards for the South Pacific Division Regulatory Program (Feb 2016), or most recent update (available at the South Pacific Division website at: http://www.spd.usace.army.mil/Missions/Regulatory/PublicNoticesandReferences.aspx/ ); c. Numbered and dated pre-project color photographs showing a representative sample of waters proposed to be impacted on the project site, and all waters proposed to be avoided on and immediately adjacent to the project site. The compass angle and position of each photograph shall be documented on the plan-view drawing required in subpart b of this regional condition. d. Delineation of aquatic resources in accordance with the current Los Angeles District’s Minimum Standards for Acceptance of Aquatic Resources Delineation Reports (available at: http://www.spl.usace.army.mil/Missions/Regulatory/Jurisdictional-Determination/). 4. Submission of a PCN pursuant to General Condition 32 and Regional Condition 3 shall be required for specific regulated activities in the following locations: a. All perennial waterbodies and special aquatic sites throughout the Los Angeles District as well as intermittent waters within the State of Arizona for any regulated activity that would result in a loss of waters of the United States. The definition of “loss of waters of the United States” for this regional condition is the same as the definition used for the Nationwide Permit Program. b. All areas designated as Essential Fish Habitat (EFH) by the Pacific Fishery Management Council, and that would result in an adverse effect to EFH, in which case the PCN shall include an EFH assessment and extent of proposed impacts to EFH. EFH Assessment Guidance and other supporting information can be found at: http://www.westcoast.fisheries.noaa.gov/habitat/fish_habitat/efh_consultations_go.html. DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 c.All watersheds in the Santa Monica Mountains in Los Angeles and Ventura counties bounded by Calleguas Creek on the west, by Highway 101 on the north and east, and by Sunset Boulevard and Pacific Ocean on the south. d.The Santa Clara River watershed in Los Angeles and Ventura counties, including but not limited to Aliso Canyon, Agua Dulce Canyon, Sand Canyon, Bouquet Canyon, Mint Canyon, South Fork of the Santa Clara River, San Francisquito Canyon, Castaic Creek, Piru Creek, Sespe Creek and the main-stem of the Santa Clara River. e.The Murrieta and Temecula Creek watersheds in Riverside County, California for any regulated activity that would result in a loss of waters of the U.S. The definition of “loss of waters of the United States” for this regional condition is the same as the definition used for the Nationwide Permit Program. f.All waterbodies designated by the Arizona Department of Environmental Quality as Outstanding Arizona Waters (OAWs), within 1600 meters (or 1 mile) upstream and/or 800 meters (1/2 mile) downstream of a designated OAW, and on tributaries to OAWs within 1600 meters of the OAW (see http://www.azdeq.gov/index.html). g.All waterbodies designated by the Arizona Department of Environmental Quality as 303(d)-impaired surface waters, within 1600 meters (or 1 mile) upstream and/or 800 meters (1/2 mile) downstream of a designated impaired surface water, and on tributaries to impaired waters within 1600 meters of the impaired water (see http://www.azdeq.gov/index.html). 5. Individual Permits shall be required for all discharges of fill material in jurisdictional vernal pools, with the exception that discharges for the purpose of restoration, enhancement, management or scientific study of vernal pools may be authorized under NWPs 5, 6, and 27 with the submission of a PCN in accordance with General Condition 32 and Regional Condition 3. 6.Within the Murrieta Creek and Temecula Creek watersheds in Riverside County the use of NWPs 29, 39, 42 and 43, and NWP 14 combined with any of those NWPs shall be restricted. The loss of waters of the U.S. cannot exceed 0.25 acre. The definition of “loss of waters of the United States” for this regional condition is the same as the definition used for the Nationwide Permit Program. 7. Individual Permits (Standard Individual Permit or 404 Letter of Permission) shall be required in San Luis Obispo Creek and Santa Rosa Creek in San Luis Obispo County for bank stabilization projects, and in Gaviota Creek, Mission Creek and Carpinteria Creek in Santa Barbara County for bank stabilization projects and grade control structures. 8.In conjunction with the Los Angeles District's Special Area Management Plans (SAMPs) for the San Diego Creek Watershed and San Juan Creek/Western San Mateo Creek Watersheds in Orange County, California, the Corps' Division Engineer, through his discretionary authority has revoked the use of the following 26 selected NWPs within these SAMP watersheds: 03, 07, 12, 13, 14, 16, 17, 18, 19, 21, 25, 27, 29, 31, 33, 39, 40, 41, 42, 43, 44, 46, 49, and 50. Consequently, these NWPs are no longer available in those watersheds to DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 authorize impacts to waters of the United States from discharges of dredged or fill material under the Corps' Clean Water Act section 404 authority. 9.Any requests to waive the applicable linear foot limitations for NWPs 13, 21, 29, 39, 40 and 42, 43, 44, 51, 52, and 54, must include the following: a.A narrative description of the affected aquatic resource. This should include known information on: volume and duration of flow; the approximate length, width, and depth of the waterbody and characters observed associated with an Ordinary High Water Mark (e.g. bed and bank, wrack line, or scour marks) or Mean High Water Line; a description of the adjacent vegetation community and a statement regarding the wetland status of the associated vegetation community (i.e. wetland, non- wetland); surrounding land use; water quality; issues related to cumulative impacts in the watershed, and; any other relevant information. b.An analysis of the proposed impacts to the waterbody in accordance with General Condition 32 and Regional Condition 3; c. Measures taken to avoid and minimize losses, including other methods of constructing the proposed project; and d. A compensatory mitigation plan describing how the unavoidable losses are proposed to be compensated, in accordance with 33 CFR Part 332. 10.The permittee shall complete the construction of any compensatory mitigation required by special condition(s) of the NWP verification before or concurrent with commencement of construction of the authorized activity, except when specifically determined to be impracticable by the Corps. When mitigation involves use of a mitigation bank or in-lieu fee program, the permittee shall submit proof of payment to the Corps prior to commencement of construction of the authorized activity. 4.Further information: 1.Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). 2.Limits of this authorization. (a) This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. (b) This permit does not grant any property rights or exclusive privileges. (c) This permit does not authorize any injury to the property or rights of others. (d) This permit does not authorize interference with any existing or proposed Federal project. 3.Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: (a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 (b) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (c) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. (d) Design or construction deficiencies associated with the permitted work. (e) Damage claims associated with any future modification, suspension, or revocation of this permit. 4.Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: (a) You fail to comply with the terms and conditions of this permit. (b) The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). (c) Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 330.5 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6.This letter of verification is valid for a period not to exceed two years unless the nationwide permit is modified, reissued, revoked, or expires before that time. 7.You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition H below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 8.You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 Service Layer Credits: Copyright:© 2014 Esri Project Location SOURCE: Google Maps (2018) R:\HCR1812\GIS\ProjLoc.mxd (9/4/2018) FIGURE 1 El Camino Real Bluff Failureat Tamarack Avenue Project Project Location San Diego County ÃÃ78 ÃÃ76 ÃÃ56 Project Location §¨¦15 §¨¦5 Project Vicinity 0 1000 2000 FEET LEGEND Project Location DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 El Camino Real Tamarack AveSOURCE: Aerial - City of Calrsbad (2017) R:\HCR1812\GIS\PreconBioRes.mxd (8/31/2018) FIGURE 2 El Camino Real Bluff Failureat Tamarack Avenue Project Pre-grading Biological Resources LEGEND Impact Area Nonwetland Waters of the U.S. Vegetation Eucalyptus Nonnative Grassland Unvegetated Channel017.5 35 FEET Figure 1DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 El Camino Real Tamarack AveSOURCE: Aerial - City of Calrsbad (2017) R:\HCR1812\GIS\PostConstructAlignment.mxd (9/4/2018) FIGURE 3 El Camino Real Bluff Failureat Tamarack Avenue Project Post-grading Drainage Alignment LEGEND Impact Area Pre-grading Alignment Restored Original Flowline 0 17.5 35 FEET Figure 2DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 DocuSign Envelope ID: 5A075331-BEB9-44EE-BB6E-89A2096ECD52 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS'LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD HABIT-1 OP ID: VP 06/29/2018 Rancho Mesa Insurance ServicesRancho Mesa Insurance Services250 Riverview Parkway #401Santee, CA 92071 619-937-0164 619-937-0168 National Fire Ins Co of Htfd Continental Insurance CompanyHabitat Restoration Sciences,Inc.1217 Distribution WayVista, CA 92081 Navigators Insurance Company Oak River Insurance Company Westchester Surplus Lines Ins Lloyds of London 3 A X 1,000,000 X XX6049996792 07/15/2018 07/15/2019 100,000 X 15,000 1,000,000 2,000,000 X 2,000,000 1,000,000B X 6049951075 07/15/2018 07/15/2019 XX 1000/1000 X 10,000,000 X C LA18EXC877609IV 07/15/2018 07/15/2019 10,000,000 XD X HAWC910097 07/15/2018 07/15/2019 1,000,000 1,000,000 1,000,000 E G46788084002 07/15/2018 07/15/2019 POLLUTION 2MILL/2MILL F PROFESSIONAL LIAB ANE175995318 07/15/2018 07/15/2019 PROF LIAB 2MILL/2MILL RE: AGREEMENT #TRAN1535 - LONG TERM MAINTENANCE SERVICES FOR THE CALAVERA PALM GROVE MITIGATION SITE. THE CITY OF CARLSBAD AND ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED PER FORM CNA75079XX (10-16)ATTACHED. **30 day notice of cancellationexcept 10 days for non-pay.(cpagp) CITYC10 CITY OF CARLSBAD/CMWDc/o EXIGIS INSURANCECOMPIANCE SERVICESP.O. BOX 4668 - ECM #35050NEW YORK, NY 10163-4668 619-937-0164 20478 35289 42307 34630 10172 COMP/COLL DED PD DED 1,000 POLLUTION LIAB CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees orContractors-with Products-CompletedOperationsCoverageEndorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required bywrittencontractto add as an additional insured on this coverage part,but only with respect to liability for bodilyinjury,property damage or personal and advertising injury caused in whole or in part by your acts or omissions,or the acts or omissions of those acting on your behalf: A.in the performance of your ongoing operations subject to such written contract;or B.in the performance of your work subject to such written contract,but only with respect to bodily injury or property damage included in the products-completed operations hazard,and only if: 1.the written contract requires you to provide the additional insured such coverage;and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage under the 11-85 edition,10-93 edition,or 10-01 edition of CG2010,or under the 10-01 edition of CG2037;or B.additional insured coverage with "arising out of"language;or C.additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of your work that is subject to such writtencontract. III.Subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: A.coverage broader than required by the written contract;or B.a higher limit of insurance than required by the written contract. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury,propertydamage,or personal and advertising injury arising out of: A.the rendering of,or the failure to render,any professional architectural,engineering,or surveying services, including: 1.the preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;and 2.supervisory,inspection,architectural or engineering activities;or B.any premises or work for which the additional insured is specifically listed as an additional insured on anotherendorsementattachedtothiscoveragepart. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Policy No:  4EndorsementNo:CNA75079XX (10-16) Page 1of2 /"5*0/"-'*3&*/463"/$&$00')"35'03%Effective Date: Insured Name)"#*5"53&4503"5*0/4$*&/$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.00020009960244308994219 CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees orContractors-with Products-CompletedOperationsCoverageEndorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance,provided that a writtencontractrequirestheinsuranceprovidedbythis policy to be: 1.primary and non-contributing with other insurance available to the additional insured;or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition ofthefollowing: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation, defense,or settlement of the claim;and 3.make available any other insurance,and tender the defense and indemnity of any claim to any other insurer orself-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part.However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does notapplytoinsuranceonwhichtheadditionalinsuredisanamedinsured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receiveswrittennoticeof a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended toadd the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part,provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy;and B.was executed prior to: 1.the bodily injury or property damage;or 2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effecton the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,andexpiresconcurrentlywithsaidPolicy. Policy No: Endorsement No:CNA75079XX (10-16)Page 2of2 /"5*0/"-'*3&*/463"/$&$00')"35'03%Effective Date:  Insured Name: )"#*5"53&4503"5*0/4$*&/$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Contractors’General Liability Extension Endorsement B.1.d.Paragraph is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a$1,000.limit. 24.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Named Insured NamedIftheunintentionallyfailstodiscloseall existing hazards at the inception date of the Insured’s Coverage Part Coverage Part,the Insurer will not deny coverage under this because of such failure. 25.WAIVER OF SUBROGATION -BLANKET CONDITIONS Transfer Of Rights Of Recovery Against Others To UsUnder,the condition entitled is amended toadd the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because ofpaymentstheInsurermakesforinjuryordamagearisingoutof: 1.Named Insured’sthe ongoing operations;or 2.your work products-completed operations hazardincludedinthe. Named InsuredHowever,this waiver applies only when the has agreed in writing to waive such rights of recovery inawrittencontractorwrittenagreement,and only if such contract or agreement: 1.Coverage Partis in effect or becomes effective during the term of this ;and 2.bodily injury property damage personal and advertising injurywasexecutedpriorto the ,or giving rise to the claim. 26.WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS Note:The following provision does not apply to any public construction project in the state of Oklahoma,nor to anyconsolidated(wrap-up)construction project in the state of Alaska,that is not permitted to be insured under a insurance program by applicable state statute or regulation. EXCLUSION –CONSTRUCTION WRAP-UPIftheendorsement is attached to this policy,or another exclusionaryendorsementpertainingtoOwnerControlledInsurancePrograms(O.C.I.P.)or Contractor Controlled InsurancePrograms(C.C.I.P.)is attached,then the following changes apply: A.The following wording is added to the above-referenced endorsement: consolidated (wrap-up)insurance program Named InsuredWithrespectto a project in which the is or wasNamedInsuredinvolved,this exclusion does not apply to those sums the become legally obligated to pay asdamagesbecauseof: 1.Bodily injury property damage personal or advertising injury Named Insured’s,,or that occurs during the Named Insured’songoingoperationsat the project,or during such operations of anyone acting on thebehalf;nor 2.Bodily injury property damage products-completed operations hazardorincludedwithinthe that arisesresidentialstructuresout of those portions of the project that are not . B.4.Other Insurance 4.b.(1)(c)Condition is amend to add the following subparagraph : This insurance is excess over: (c)Any of the other insurance whether primary,excess,contingent or any other basis that is insurance available Named Insured Named Insured consolidated (wrap-up)to the as a result of the being a participant in a insurance program Named Insured’s consolidated (wrap-up),but only as respects the involvement in thatinsuranceprogram. Policy No: Endorsement No:CNA74705XX (1-15) /"5*0/"-'*3&*/463"/$&$00')"35'03% Effective Date: Insured Name: )"#*5"53&4503"5*0/4$*&/$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 25.WAIVER OF SUBROGATION -BLANKET CNA PARAMOUNT Contractors’General Liability Extension Endorsement Named Insureds Insureds spouses’Namedarewithrespecttosuch acts,errors or omissions in the conduct of the Insured’s business. 10.EXPECTED OR INTENDED INJURY –EXCEPTION FOR REASONABLE FORCE COVERAGES,Coverage A –Bodily Injury and Property Damage LiabilityUnder,the paragraph entitledExclusionsExpectedorIntendedInjuryisamendedtodeletetheexclusionentitledandreplaceit with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury property damage Insuredorexpectedorintendedfromthestandpointof the .This exclusion does not bodily injury property damageapplytoor resulting from the use of reasonable force to protect persons or property. 11.GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT A.Named InsuredForeachconstructionprojectawayfrompremisesthe owns or rents,a separate ConstructionProjectGeneralAggregateLimit,equal to the amount of the General Aggregate Limit shown in the Declarations,is the most the Insurer will pay for the sum of: 1.damages Coverage A damages bodily injury property damageAllunder,except because of or included inproducts-completed operations hazardthe;and 2.Coverage CAllmedicalexpensesunder, occurrencesthatarisefrom or accidents which can be attributed solely to ongoing operations at that constructionproject.Such payments shall not reduce the General Aggregate Limit shown in the Declarations,nor the Construction Project General Aggregate Limit of any other construction project. B.All: 1.Damages Coverage Bunder,regardless of the number of locations or construction projects involved; 2.Damages Coverage A occurrencesunder,caused by which cannot be attributed solely to ongoingdamagesbodilyinjurypropertydamageoperationsat a single construction project,except because of orproducts-completed operations hazardincludedinthe;and 3.Coverage CMedicalexpensesunder caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C.The limits shown in the Declarations for Each Occurrence,for Damage To Premises Rented To You and for Medical Expense continue to apply,but will be subject to either the Construction Project General Aggregate LimitoccurrenceortheGeneralAggregateLimit shown in the Declarations,depending on whether the can be attributed solely to ongoing operations at a particular construction project. D.products-completed operations hazardWhencoverageforliabilityarisingout of the is provided,any payments damages bodily injury property damage products-completed operationsforbecauseoforincludedinthe hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations,regardless ofthenumberofprojectsinvolved. E.InsuredIfasingleconstructionprojectawayfrompremisesownedbyorrentedto the has been abandoned andthenrestarted,or if the authorized contracting parties deviate from plans,blueprints,designs,specifications or timetables,the project will still be deemed to be the same construction project. F.LIMITS OF INSURANCETheprovisionsof not otherwise modified by this endorsement shall continue to apply as stipulated. Policy No:  1EndorsementNo:CNA74705XX (1-15) /"5*0/"-'*3&*/463"/$&$00')"35'03% Effective Date: Insured Name: )"#*5"53&4503"5*0/4$*&/$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 11.GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT CNA PARAMOUNT Cancellation /Non-Renewal –California Wherever used in this endorsement:1)Insurer means "we","us","our"or the "Company"as those terms may be defined in the policy;and 2)Named Insured means the first person or entity named on the declarations page; and 3)"Insureds" means all persons or entities afforded coverage under the policy. Any cancellation,non-renewal or termination provisions in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NON-RENEWAL A.CANCELLATION 1.The Named Insured may cancel the policy at any time.To do so,the Named Insured must return the policy to the Insurer or any of its authorized representatives,indicating the effective date of cancellation; or provide a written notice to the Insurer,stating when the cancellation is to be effective. 2.If the policy has been in effect for less than sixty (60)days and is not a renewal the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured,at the last mailing address known to the Insurer,and the producer of record.The notice of cancellation will be provided at least sixty (60)days prior to the effective date of cancellation except that in the case of cancellation for nonpayment of premiums the notice will be given no less than ten (10)days prior to the effective date of the cancellation. 3.If the policy has been in effect for more than sixty (60)days or if it is a renewal,effective immediately,the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons: a.Nonpayment of premium,including payment due on a prior policy issued by the Insurer and due during the current policy term covering the same risks. b.A judgment by a court or an administrative tribunal that the Named Insured has violated any law of this state or of the United States having as one of its necessary elements an act which materially increases any of the risks insured against. c.Discovery of fraud or material misrepresentation by either of the following: (1)The Named Insured or Insured(s)or a representative of same in obtaining the insurance;or (2)The Named Insured or his or her representative in pursuing a claim under the policy. d.Discovery of willful or grossly negligent acts or omissions,or of any violations of state laws or regulations establishing safety standards,by the Named Insured or Insured(s)or a representative of same,which materially increase any of the risks insured against. e.Failure by the Named Insured or Insured(s)or a representative of same to implement reasonable loss control requirements which were agreed to by the Named Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan,if the failure materially increases any of the risks insured against. f.A determination by the commissioner that the loss of,or changes in,the Insurer's reinsurance covering all or part of the risk would threaten the financial integrity or solvency of the Insurer. g.A determination by the commissioner that a continuation of the policy coverage would place the Insurer in violation of the laws of this state or the state of its domicile or that the continuation of coverage would threaten the solvency of the Insurer. h.A change by the Named Insured or Insured(s)or a representative of same in the activities or property of the commercial or industrial enterprise which results in a material added risk,a materially increased risk or a materially changed risk,unless the added,increased,or changed risk is included in the policy. Policy No: 6049996792 Endorsement No:CNA62814CA (9-12) Page 1of4NATIONAL FIRE INSURANCE CO. OF HARTFORD Effective Date: 07/15/2018Insured Name: HABITAT RESTORATION SCIENCES, INC. Copyright CNA All Rights Reserved.10020009960244308999090 CNA PARAMOUNT Cancellation /Non-Renewal –California A notice of cancellation will be in writing and will be delivered or mailed to the Named Insured,at the lastmailingaddressknownto the Insurer,and the producer of record at least sixty (60)days prior to theeffectivedate of cancellation.Where cancellation is for nonpayment of premium,notice shall be given nolessthan ten (10)days prior to the effective date of cancellation. 4.The notice will state the actual reason for the cancellation. 5.Notice of cancellation will state the effective date of cancellation.The policy period will end on that date. 6.If notice is mailed,proof of mailing will be sufficient proof of notice. B.PREMIUM REFUND If this policy is cancelled,the Insurer will send the Named Insured any premium refund due.If the Insurercancelstherefundwillbeprorata.If the Named Insured cancels,the refund may be less than pro rata.The cancellation will be effective even if the Insurer has not made or offered a refund. C.NON-RENEWAL 1.The Insurer can non-renew the policy by giving written notice to the Named Insured,at the last mailingaddressknownto the Insurer,and the producer of record at least sixty (60)days but not more than onehundredtwenty(120)days before the expiration date. 2.The notice of non-renewal will state the actual reason for non-renewal. 3.If notice is mailed,proof of mailing will be sufficient proof of notice. 4.A notice of non-renewal will not be required in any of the following situations: a.The transfer of,or renewal of,a policy without change in its terms or conditions or the rate onwhichthepremiumisbasedbetweeninsurersthataremembersof the same insurance group.b.The policy has been extended for ninety (90)days or less, if the notice required has been givenpriorto the extension.c.The Named Insured has obtained replacement coverage or has agreed,in writing, within sixty(60)days of the termination of the policy,to obtain that coverage.d.The policy is for a period of no more than sixty (60)days and the Named Insured is notified atthetimeofissuancethatitmaynot be renewed.e.The Named Insured requests a change in the terms or conditions or risks covered by the policywithin sixty (60)days prior to the end of the policy period.f.The Insurer has made a written offer to the Named Insured,within the prescribed time period,torenewthepolicyunderchangedtermsorconditionsorat a changed premium rate,where theincreaseismorethan25%.As used herein, "terms or conditions"includes,but is not limited to,areductionin limits,elimination of coverages,or an increase in deductibles. 5. In the case of conditional renewal,failure of the Named Insured to satisfy conditions provided by theInsurerforrenewal,by the expiration date of the policy or sixty (60)days after mailing or delivery of suchnotice,whichever is later,the conditional renewal shall be treated as an effective non-renewal. Policy No: 6049996792 Endorsement No:CNA62814CA (9-12)Page 2of4NATIONAL FIRE INSURANCE CO. OF HARTFORD Effective Date: 07/15/2018Insured Name: HABITAT RESTORATION SCIENCES, INC. Copyright CNA All Rights Reserved. CNA PARAMOUNT Cancellation /Non-Renewal –California D.CONDITIONAL RENEWAL 1.If the policy has been in effect for more than sixty (60)days or if the policy is a renewal,effective immediately no increase in premium,reduction in limits,or change in the conditions of coverage shall be effective during the policy period unless based upon one of the following reasons: a.Discovery of willful or grossly negligent acts or omissions,or of any violations of state laws or regulations establishing safety standards by the Named Insured or Insured(s)which materially increase any of the risks or hazards insured against. b.Failure by the Named Insured or Insured(s)to implement reasonable loss control requirements which were agreed to by the Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan,if the failure materially increases any of the risks insured against. c.A determination by the commissioner that loss of or changes in an insurer's reinsurance covering all or part of the risk covered by the policy would threaten the financial integrity or solvency of the Insurer unless the change in the terms or conditions or rate upon which the premium is based is permitted. d.A change by the Named Insured or Insured(s)in the activities or property of the commercial or industrial enterprise which results in a materially added risk,a materially increased risk,or a materially changed risk,unless the added,increased,or changed risk is included in the policy. 2.A written notice will be mailed or delivered to the Named Insured,at the last mailing address known to the Insurer,and the producer of record at least sixty (60)days prior to the effective date of any increase, reduction or change. 3.The notice will state the effective date of,and the reasons for,the increase,reduction or change 4.If notice is mailed,proof of mailing will be sufficient proof of notice. E.ADDITIONAL PROVISIONS 1.If the Insurer is an associate participating insurer as established by Cal. Ins.Code Section 10089.16, solely with respect to coverage for real property used predominantly for residential purposes and consisting of not more than four dwelling units,and to coverage on tenants'household property contained in a residential unit: a.The Insurer shall not cancel or refuse to renew such coverage existing on the date the Insurer elected to become an associate participating insurer after an offer of earthquake coverage is accepted solely because the insured has accepted that offer of earthquake coverage;and b.The Insurer shall not cancel such coverage unless the policy is properly canceled pursuant to Paragraph A above;and c.The Insurer may refuse to renew a policy of residential property insurance after an offer of earthquake coverage has been accepted only if: i.The policy is terminated by the Named Insured; ii.The policy is refused renewal on the basis of sound underwriting principles that relate to the coverages provided by the policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; iii The Commissioner of Insurance finds that the exposure to potential losses will threaten the solvency of the Insurer or place the Insurer in a hazardous condition.A hazardous condition includes,but is not limited to,a condition in which the Insurer makes claims payments for losses resulting from an Policy No: 6049996792 Endorsement No:CNA62814CA (9-12) Page 3of4NATIONAL FIRE INSURANCE CO. OF HARTFORD Effective Date: 07/15/2018Insured Name: HABITAT RESTORATION SCIENCES, INC. Copyright CNA All Rights Reserved.10020009960244308999091 CNA PARAMOUNT Cancellation /Non-Renewal –California earthquake that occurred within the preceding two years and that required areductioninpolicyholdersurplusof at least twenty-five percent (25%)forpaymentofthoseclaims;oriv.The Insurer has lost or experienced a substantial reduction in the availability orscopeofreinsurancecoverageorasubstantialincreaseinthepremiumchargedforreinsurancecoverageforitsresidentialpropertyinsurancepolicies,and the Commissioner of Insurance has approved a plan for the nonrenewalsthatis fair and equitable,and that is responsive to the changes in the Insurer'sreinsuranceposition. 2.If this policy contains an exclusion barring coverage for the peril of corrosive soil conditions,the Insurershallnotcancelorrefusetorenewthepolicy solely because corrosive soil conditions exist on thelocation. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. Policy No: 6049996792 Endorsement No:CNA62814CA (9-12)Page 4of4NATIONAL FIRE INSURANCE CO. OF HARTFORD Effective Date: 07/15/2018Insured Name: HABITAT RESTORATION SCIENCES, INC. Copyright CNA All Rights Reserved. 07/15/2018 OAK RIVER INSURANCE COMPANY HAWC910097 All CA Operations )BCJUBU3FTUPSBUJPO4DJFODFT *OD