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HomeMy WebLinkAboutCDP 97-11; SDG&E Tower Access Road; Coastal Development Permit (CDP) (5)CALIFORNIA DEPARTMENT OF FISH AND GAME 330 Golden Shore, Suite 50 Long Beach, California 90802 Notification No.5-032-97 Page 1 of 4 AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, and Mark Chomvn of SDGE: P.O. Box 1831 San Diego. CA 98112-4150: (619} 696-2732 . State of California . hereinafter called the Operator, is as follows: WHEREAS,pursuant to Section 1601 of California Fish and Game Code, the Operator, on the 24th day of January . 1997. notified the Department that they intend to divert or obstruct the natural flow of, or change the bed, channel, or bank of, or use material from the streambed(s) of, the following water(s): an unnamed tributary to Agua Hedionda Lagoon . San Diego County, California, Section unsectioned: lot 1 Rancho Agua Hedionda Township 12S Range 4W . WHEREAS, the Department has determined that such operations may substantially adversely affect those existing fish and wildlife resources within an unnamed tributary to Agua Hedionda Lagoon , specifically identified as follows: birds: least Bell's vireo. Belding's savannah sparrow, other songbirds: riparian vegetation which provides habitat for those species: willows, cattails: and all other aquatic and wildlife resources, including that riparian vegetation which provides habitat for such species in the area. THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the Operator's work. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. If the Operator's work changes from that stated in the notification specified above, this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this Agreement and with other pertinent code sections, including but not limited to Fish and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution. Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies. This Agreement becomes effective the date of Department's signature and terminates October 31. 1997 for project construction only. This Agreement shall remain in effect for that time necessary to satisfy the terms/conditions of this Agreement. Page _2_ of _4_ STREAMBED ALTERATION CONDITIONS FORNOTIH€AI1ON NUMBER: 5-032-97 1. The following provisions constitute the limit of activities agreed to and resolved by this Agreement. The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq. 2. The Operator proposes to alter the streambed to elevate an existing 500' x 12' access road, impacting 6,000 ft2 of stream with fill. The project is located east of Kelly Drive and south of El Camino Real in the city of Carlsbad. 3. The agreed work includes activities associated with No. 2 above. The project area is located in an unnamed tributary to Agua Hedionda Lagoon in San Diego County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator, and shall be implemented as proposed unless directed differently by this agreement. 4. The Operator shall not impact more than 6,000 ft2 of stream. All impacts are permanent. 5. No permanent impacts shall occur to the southern willow scrub vegetation. However, some minor trimming may occur to allow equipment access. 6. The Operator shall mitigate as described in the submitted documents, including: install mulefat plants and hydroseed with native species the 4,000 ft2 of slope created on the north side of the road; and enhance an approximate 50,000 ft2 area (500' x 100') with the removal of exotic species. All mitigation shall be installed within 60 days of project impact and no later than October 30 , 1997. 7. The Operator shall not remove vegetation within the stream from March 15 to July 15 to avoid impacts to nesting birds. 8. The Operator shall have a qualified biologist supervise the work to ensure no impacts occur to native vegetation beyond that described hi these Conditions. 9. The Operator shall only use an herbicide approved for use in an aquatic environment (e.g. Rodeo). Great care shall be taken to avoid contact with any native vegetation, and it shall only be applied on calm days (wind less than 5 miles per hour) to prevent airborne transfer of the herbicide. 10. The Operator shall comply with all State of California Pesticide Use Regulations. Pesticide mixing sites shall only be located at existing road sites outside of the stream. Only areas devoid of vegetation shall be used as a mixing site. 11. The Operator may remove all human generated debris, such as garbage, trash, washed out culverts, and other construction materials. 12. All removed vegetation shall be disposed of properly, outside of the floodplain. Spoil sites of Arundo/oiheT exotic plants shall not be located within a stream, where spoil shall be washed back into a stream, or where it will cover aquatic or riparian vegetation. 13. No equipment shall be operated in ponded or flowing areas. 14. Disturbance or removal of vegetation shall not exceed the limits approved by the Department. Page _3_ of _4_ STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-032-97 15. Installation of bridges, culverts, or other structures shall be such that water flow is not impaired. Bottoms of temporary culverts shall be placed at stream channel grade; bottoms of permanent culverts shall be placed at or below stream channel grade. 16. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or other work trails to control erosion. 17. Water containing mud, silt or other pollutants from aggregate washing or other activities shall not be allowed to enter a lake or flowing stream or placed in locations that may be subjected to high storm flows. 18. Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. 19. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat. 20. Staging/storage areas for equipment and materials shall be located outside of the stream. 21. The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 22. All planting shall have a minimum of 75% cover after 3 years. If the survival and cover requirements have not been met, the Operator is responsible for replacement planting to achieve these requirements. 23. All planting shall be done between October 1 and April 30 to take advantage of the winter rainy season. 24. An annual letter report shall be submitted to the Department by Jan. 1 of each year for 3 years after planting. This report shall include the % cover, and an overview of the revegetation and enhancement effort. Photos are recommended. 25. Access to the worksite shall be via existing roads and access ramps. 26. Spoil sites shall not be located within a stream/lake, where spoil shall be washed back into a stream/lake, or where it will cover aquatic or riparian vegetation. 27. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the state. These materials, placed within or where they may enter a stream/lake, by Operator or any party working under contract, or with the permission of the Operator, shall be removed immediately. 28. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake. Page 4 of 4 STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-032-97 29. No equipment maintenance shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas under any flow. 30. The Operator shall provide a copy of this Agreement to all contractors, subcontractors, and the Operator's project supervisors. Copies of the Agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand. 31. The Department reserves the right to enter the project site at any tune to ensure compliance with terms/conditions of this Agreement. 32. It is understood the Department has entered into this Streambed Alteration Agreement for purposes of establishing protective features for fish and wildlife. The decision to proceed with the project is the sole responsibility of the Operator, and is not required by this agreement. It is further agreed all liability and/or incurred cost related to or arising out of the Operator's project and the fish and wildlife protective conditions of this agreement, remain the sole responsibility of the Operator. The Operator agrees to hold harmless the State of California and the Department of Fish and Game against any related claim made by any party or parties for personal injury or any other damages. 33. The Department reserves the right to suspend or cancel this Agreement for other reasons, including but not limited to the following: a. The Department determines that the information provided by the Operator in support of the Notification/Agreement is incomplete or inaccurate; b. The Department obtains new information that was not known to it in preparing the terms and conditions of the Agreement; c. The project or project activities as described in the Notification/Agreement have changed; d. The conditions affecting fish and wildlife resources change or the Department determines that project activities will result in a substantial adverse effect on the environment. Before any suspension or cancellation of the Agreement, the Department will notify the Operator in writing of the circumstances which the Department believes warrant suspension or cancellation. The Operator will have seven (7) working days from the date of receipt of this notification to respond in writing to the circumstances described in the Department's notification. During the seven (7) day response period, the Operator shall immediately cease any project activities which the Department specified in its notification. The Operator shall not continue the specified activities until that time when the Department notifies the Operator in writing that adequate methods and/or measures have been identified and agreed upon to mitigate or eliminate the significant adverse effect. CONCURRENCE (Operator's name) California Dept. of Fish and Game (signature)" \j (date) i (signature) (date) Environmental Secialist III (title) (title)