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HomeMy WebLinkAboutContract 1753CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE INLAND DESERTS REGION 3602 INLAND EMPIRE BLVD., SUITE C-220 ONTARIO, CA 91764 STREAMBED ALTERATION AGREEMENT NOTIFICATION No. 1600-2017-0174-R6 REVISION 1 WHITEWATER RIVER/SALTON SEA CITY OF CATHEDRAL CITY CATHEDRAL CANYON DRIVE NEW BRIDGE I?s3 CALIFORNIA FISHOEPNiTT ' & WILDLIFE RECEIVED 1 [JAN -9 2018 CITY MANAGER This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and the City of Cathedral City (Permittee) as represented by Mr. Charles P. McClendon. RECITALS WHEREAS, pursuant to Fish and Game Code section 1602, Permittee notified CDFW on October 8, 2017, that Permittee intends to complete the project described herein. WHEREAS, pursuant to Fish and Game Code section 1603, CDFW has determined that the project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources. WHEREAS, Permittee has reviewed the Agreement and accepts its terms and conditions, including the measures to protect fish and wildlife resources. NOW THEREFORE, Permittee agrees to complete the project in accordance with the Agreement. PROJECT LOCATION The project (Figure 1) is located at the Whitewater River at Cathedral Canyon Drive within the City of Cathedral City, in the County of Riverside, State of California; Latitude 33.791° N, Longitude 116.467° W. Section 28, Township 4 South, Range 5 East, U.S. Geological Survey (USGS) map Cathedral City, San Bernardino Meridian. Assessor's Parcel Numbers (APN): 687-063-077, 687-060-005, 687-060-059, 687-060-050, 687- 340-022, 687-341-054, 687-341-055, 687-060-016, and 687-062-066. PROJECT DESCRIPTION The project (Figure 2) is limited to installing a bridge on a 0.2 -mile segment (1,056 feet) of the Cathedral Canyon roadway to replace the existing low water crossing at the Whitewater River between Paseo Azulejo and Canyon Shores Drive in Cathedral City, Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 2 of 22 California. The project is proposed in order to provide essential all-weather access for those portions of the community served by the bridge. The bridge will also eliminate or minimize potential safety problems for vehicles and pedestrians during the wet season. This project consists of constructing a 4 -pylon bridge over the Whitewater River. The bridge will be constructed of cast -in-place pre -stressed concrete box girders carried by four reinforced concrete pylons constructed in the riverbed. Bridge construction will require removal of the existing low water crossing and storm drain outfall structure in addition to replacing and constructing new bank stabilization. Bank stabilization activities will include recontouring, concrete lining, and riprap/apron construction. Project activities may also include occasional temporary stream crossings for construction equipment. Project activities will also include the construction of a temporary "bypass" road westerly of the existing roadway to shunt through traffic during construction of the bridge. The bridge deck will be 5.33 feet deep (thick) and the bridge roadway will span approximately 600 feet over the Whitewater River. A concrete lined drop structure will be located approximately 100 feet upstream from the existing roadway to reconcile the 9 -foot difference in the existing channel grade. The channel section located between the bridge and the upstream drop structure and under the bridge will be lined with concrete. The drop structure will include concrete lining along the sloping surface as well as the top and toe of the drop structure. A buried transverse cutoff wall at a 1:1 slope and 28 feet deep is also proposed at the upstream end of the drop structure to protect it from scour. The channel section immediately downstream of the drop structure, including the toe of the drop structure, will be concrete lined. The balance of the channel section between the bridge and the drop structure, and under the bridge, approximately 180 feet, will consist of concrete lining. A buried transverse cutoff wall at a 1:1 slope and 32 feet deep is also proposed at the downstream end of the bridge to protect it from scour. A buried 32 -feet wide ungrouted riprap pad will be placed at the toe of the cutoff wall. PROJECT IMPACTS Existing fish or wildlife resources the project could substantially adversely affect include: burrowing owls (Athene cunicularia), migrant bird species, and all other fish and wildlife resources in the project vicinity. The adverse effects the project could have on the fish or wildlife resources identified above include: temporary disturbance to burrowing owls that may use foraging habitat in the project area, and the temporary and permanent Toss of foraging and/or nesting habitat for migrant bird species. In addition, the project will have the following impacts on streambed: Temporary impacts to 11.23 acres of vegetated streambed and permanent loss of 2.86 acres of vegetated and unvegetated streambed (Figure 2). Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 3 of 22 MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES 1. Administrative Measures Permittee shall meet each administrative requirement described below. 1.1 Documentation at Project Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily available at the project site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request. 1.2 Providing Agreement to Persons at Proiect Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the project at the project site on behalf of Permittee, including but not limited to contractors, subcontractors, inspectors, and monitors. 1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee determines or leams that a provision in the Agreement might conflict with a provision imposed on the project by another local, state, or federal agency. In that event, CDFW shall contact Permittee to resolve any conflict. 1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the project site at any time to verify compliance with the Agreement. 1.5 Take of Nesting Birds. Sections 3503, 3503.5, and 3513 of the California Fish and Game Code prohibit the take of all birds and their active nests, including raptors and other migratory non -game birds (as listed under the United States Migratory Bird Treaty Act). 2. Avoidance and Minimization Measures To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each measure listed below. 2.1 Burrowing Owl. Two pre -construction surveys will be required for burrowing owls in suitable nesting habitat for the species. The first survey will be conducted during peak activity period (one hour before to two hours after sunrise or two hours before to one hour after sunset) between 14 and 30 days prior to the start of construction. The second survey shall be performed within the 24-hour period prior to ground disturbance. The second survey may be combined with the pre - construction nesting bird survey. Permittee shall obtain CDFW approval of the biologist(s) 30 days prior to performing surveys. All suitable nesting habitat for the species within the impact area and a 500 -foot buffer (where practicable) will Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 4 of 22 be surveyed. If owls are located during the surveys, a buffer area will be established according to guidelines included in the March 7, 2012 DFG Staff Report on Burrowing Owl Mitigation (Staff Report) if located between February 1 and August 31 (nesting season). A modified buffer reduction may be used with CDFW concurrence. If located outside this time period (i.e. the non -breeding season), owls may be passively relocated by a qualified biologist according to the procedures outlined in the Staff Report or a modified buffer reduction may be used with CDFW concurrence. If burrowing owls are found on site, the Permittee shall submit the survey results to the CDFW Region 6, 78078 Country Club Drive, Suite 109, Bermuda Dunes, CA 92203. ATTN: Streambed Team, at least five days prior to commencing project activities pursuant to the Agreement. Please reference SAA# 1600-2017-0174-R6. 2.2 Nesting Birds (General). The following measures will be implemented to avoid and minimize impacts to nesting birds. If the nesting season cannot be avoided and construction or vegetation removal occurs between March 1st to September 15th (January 1st to July 31st for Raptors), the Permittee will do the following to avoid and minimize impacts to nesting birds: 2.2.1 No less than 30 days prior to initiating Project activities, including site preparation and staging, Permittee shall submit to CDFW for review and approval a Nesting Bird Plan (NBP) that includes project specific avoidance and minimization measures to ensure that impacts to nesting birds do not occur and that the project complies with all applicable laws related to nesting birds and birds of prey. The NBP shall include, at a minimum: monitoring protocols; survey timing and duration; copies of survey and nest monitoring datasheets, and procedures for submittal to CDFW; and project - specific avoidance and minimization measures including, but not limited to: project phasing and timing, monitoring of project -related noise, sound walls, and buffers, where appropriate. The Permittee shall submit the NBP to the CDFW Region 6, 78078 Country Club Drive, Suite 109, Bermuda Dunes, CA 92203. ATTN: Streambed Team. Please reference SAA# 1600- 2017-0174-R6. 2.2.2 Bird surveys will be performed as described below. The Designated Biologist(s) shall survey the entirety of the project site, and within a recommended 500 -foot buffer (where feasible) surrounding the project site for nesting birds, prior to commencing project activities (including construction and/or site preparation). Surveys shall be conducted by the Designated Biologist(s) at the appropriate time(s) of day, no more than three days prior to commencement of project activities. Documentation of surveys and findings shall be submitted to CDFW for review prior to conducting project activities. If an active bird nest is located, the Designated Biologist(s) shall implement and monitor specific avoidance and minimization measures as specified in the CDFW-approved NBP (refer to Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 5 of 22 Measure 2.2.1). Migratory non -game native bird species are protected by international treaty under the federal Migratory Bird Treaty Act (MBTA) of 1918, as amended (16 U.S.C. 703 et seq.). In addition, Sections 3503, 3503.5, and 3513 of the FGC afford the following protective measures: Section 3503 states that it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by FGC or any regulation made pursuant thereto; Section 3503.5 states that is it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds -of -prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by FGC or any regulation adopted pursuant thereto; and Section 3513 states that it is unlawful to take or possess any migratory nongame bird as designated in the Migratory Bird Treaty Act or any part of such migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Treaty Act. 2.3 Pollution and Litter. The Permittee shall comply with all litter and pollution laws. All contractors, subcontractors, and employees shall also obey these laws and it shall be the responsibility of the Permittee to ensure compliance. 2.3.1 The Permittee shall not allow water containing mud, silt, or other pollutants from grading, aggregate washing, or other activities to enter a lake, streambed, or flowing stream or be placed in locations that may be subjected to high storm flows. 2.3.2 Spoil sites shall not be located within a lake, streambed, or flowing stream or locations that may be subjected to high storm flows, where spoil shall be washed back into a lake, streambed, or flowing stream where it will impact streambed habitat and aquatic or riparian vegetation. 2.3.3 Raw cement/concrete or washings thereof, asphalt, paint, or other coating material, oil or other petroleum products, or any other substances which could be hazardous to fish and wildlife resources resulting from project related activities shall be prevented from contaminating the soil and/or entering the waters of the State. These materials, placed within or where they may enter a lake, streambed, or flowing stream by the Permittee or any party working under contract or with the permission of the Permittee, shall be removed immediately. 2.3.4 No broken concrete, cement, debris, soil, silt, sand, bark, slash, sawdust, rubbish, or washings thereof, oil or petroleum products, or other organic or earthen material from any construction or associated activity of whatever nature shall be allowed to enter into or be placed where it may be washed Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 6 of 22 by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any lake, streambed, or flowing stream. 2.3.5 No equipment maintenance shall be done within or near any lake, streambed, or flowing stream where petroleum products or other pollutants from the equipment may enter these areas under any flow. 2.4 Non-native plant species. CDFW recommends the use of native plants to the greatest extent feasible in the landscaped areas adjacent to and/or near mitigation/open space areas and within or adjacent to stream channels. Permittee shall not plant, seed, or otherwise introduce invasive non-native plant species to the landscaped areas adjacent to and/or near mitigation/open space areas and within or adjacent to stream channels (minimum 100 foot setback from open space areas and 150 foot setback from stream channels and wetland/riparian mitigation sites). Invasive non-native plant species not to be used include those species listed on the "California Invasive Plant Inventory, February 2006" and the "February 2007 Inventory Update", (which are updates to Lists A & B of the California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999"). This list includes: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, bush lupine, sweet alyssum, English ivy, French broom, Scotch broom, Spanish broom, and pepperweed. A copy of the complete list can be obtained by contacting the California Invasive Plant Council by phone at (510) 843-3902, at their website at www.cal-ipc.orq, or by email at info@cal-ipc.org. 2.5 Best Management Practices. Permittee shall actively implement best management practices (BMPs) to prevent erosion and the discharge of sediment in to streams and lakes during project activities. BMPs shall be monitored daily and repaired if necessary to ensure maximum erosion and sediment control. All fiber rolls, straw waddles, and/or hay bales utilized within and adjacent to the project site shall be free of non-native plant materials. Fiber rolls or erosion control mesh shall be made of loose -weave mesh that is not fused at the intersections of the weave, such as jute, or coconut (coir) fiber, or other products without welded weaves. Non -welded weaves reduce entanglement risks to wildlife by allowing animals to push through the weave, which expands when spread. 2.6 Education Program. Permittee shall conduct an education program for all persons employed or otherwise working in the Project Area before performing any work. An existing education program may be utilized with CDFW approval. The program shall consist of a presentation from a CDFW-approved biologist that includes a discussion of the biology and general behavior of sensitive species in the area, information about the distribution and habitat needs of these species, sensitivity of these species to human activities, sensitive species status pursuant to CESA Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 7 of 22 including legal protection, and Project -specific protective measures described in this Agreement. Permittee shall provide interpretation for non-English speaking workers, and the same instruction shall be provided to any new workers before they are authorized to perform work in the Project Area. Upon completion of the program, employees shall sign a form (signature sheet) stating they attended the program and understand all protection measures. A copy of the signature sheet for this training will be provided to CDFW. 3. Compensatory Measures To compensate for adverse impacts to fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall implement each measure listed below. 3.1 Mitigation for Permanent Impacts. CDFW has determined that permanent protection and perpetual management of compensatory habitat is necessary to fully mitigate impacts to streambed habitat that will result with implementation of project activities. Impacts include 11.23 acres of temporary impacts and 2.86 acres of permanent impacts. Due to frequent disturbance for routine maintenance activities associated with stormwater management in the project area (Whitewater River), the mitigation ratio is calculated as 2:1. The mitigation required for permanent impacts to streambed impacts is 5.72 acres. The Permittee shall mitigate for a minimum of 5.72 acres of permanent impacts to jurisdictional streambed. The Permittee proposes to mitigate through the permanent protection and management of an approximately 18.7 acre site in East Cathedral Canyon Wash (Figure 3) that is owned by the Permittee. The East Cathedral Canyon Wash Mitigation Site (Figure 4) includes a minimum of 9 acres of vegetated streambed habitat and minimum of 9.5 acres of adjacent upland. The East Cathedral Canyon had formerly been identified as a mitigation site for a project that was cancelled and is now available as mitigation. The streambed area (9 acres) shall mitigate for the project at a minimum ratio of 3.15:1. The mitigation parcel is intended to also fulfill mitigation requirements for the United States Army Corps of Engineers (USACE) and Clean Water Act (CWA) Section 404 permit. Project activities shall be mitigated by providing for the permanent protection and management of 9 acres of streambedhabitat as Habitat Management (HM) land pursuant to Measure 3.3 and the calculation and deposit of the management funds pursuant to Measure 3.4. Any portion of the Measures 3.3 and 3.4 below may be modified with CDFW approval. Permanent protection and funding for perpetual management of compensatory habitat must be complete within 24 months of the finalization of this Agreement. Alternatively, protection and perpetual management of 5.72 acres of streambed habitat that is protected in perpetuity in an alternative manner to that described which is described above may be accepted as suitable mitigation with CDFW approval. 3.2 Existing Mitigation Parcel. The Department recognizes that the Applicant has offered and delineated mitigation lands, and the Applicant has prepared and Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 8 of 22 negotiated the approval of a Draft Conservation Easement, Long -Term Management Plan and established a non -wasting Endowment with the US Army Corps of Engineers (ACOE) and the Coachella Valley Conservation Commission (CVCC). The ACOE has accepted the Applicant's mitigation proposal. The Department has assessed the mitigation site and finds that the 9 -acre streambed area (see Measure 3.1) is suitable habitat to mitigate for the Project's impacts to CDFW jurisdictional streambed. 3.3 Habitat Acquisition and Protection. To provide for the acquisition and protection of the HM land, the Permittee shall: 3.3.1 Permittee shall arrange for the establishment of a conservation easement with a CDFW-approved entity acting as grantee for a conservation easement. When CDFW does not hold fee title to the HM lands, CDFW shall act as grantee for a conservation easement over the HM lands or shall, in its sole discretion, approve a non-profit entity, public agency, or Native American tribe to act as grantee for a conservation easement over the HM lands provided that the entity, agency, or tribe meets the requirements of Civil Code section 815.3. If CDFW does not hold the conservation easement, CDFW shall be expressly named in the conservation easement as a third -party beneficiary. The Permittee shall obtain CDFW written approval of any conservation easement before its execution or recordation; 3.3.2 Obtain CDFW written approval of the HM lands before establishment of the conservation easement for the land by submitting, at least three months before acquisition and/or transfer of the HM lands, a formal Proposed Lands for Acquisition Form (see [Attachment 1 B]) identifying the land to be purchased or property interest conveyed to an approved entity as mitigation for the Project's impacts; 3.3.3 Provide a recent preliminary title report, initial hazardous materials survey report and other necessary documents (see [Attachment 1A]). All documents conveying the HM land and all conditions of title are subject to the approval of CDFW, and if applicable, the Wildlife Conservation Board and Department of General Services; 3.3.4 Designate both an interim and long-term land manager approved by CDFW. The interim and long-term land managers may, but need not, be the same. The interim and/or long-term land managers may be the land owner or another party. Documents related to land management shall identify both the interim and long-term land managers. Permittee shall notify CDFW of any subsequent changes in the land manager within 30 days of the change. If CDFW will hold fee title to the mitigation land, CDFW will also act as the long-term land manager unless otherwise specified. Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 9 of 22 3.3.5 Provide for the implementation of start-up activities, including the initial site protection of the HM land, once the HM land have been approved by CDFW. Start-up activities include, at a minimum: (1) preparing a final management plan for CDFW approval (see http://www.dfg.ca.gov/habcon/conplan/mitbank/), (2) conducting a baseline biological assessment and land survey report within four months of recording, (3) developing and transferring Geographic Information Systems (GIS) data if applicable, (4) establishing initial fencing (if necessary), (5) conducting litter removal, and (6) installing signage. 3.3.6 Provide for the interim management of the HM lands. The Permittee shall ensure that the interim land manager implements the interim management of the HM lands as described in the final management plan and conservation easement approved by CDFW. The interim management period shall be a minimum of three years from the date of HM land acquisition and protection and full funding of the Endowment and includes expected management following start-up activities. Interim management period activities described in the final management plan shall include continuing trash removal, site monitoring, and vegetation and invasive species management. Permittee shall either (1) provide a security to CDFW for the minimum of three years of interim management that the land owner, Permittee, or land manager agrees to manage and pay for at their own expense, (2) establish an escrow account with written instructions approved in advance in writing by CDFW to pay the land manager annually in advance, or (3) establish a short-term enhancement account with CDFW or a CDFW-approved entity for payment to the land manager. 3.4 Endowment Fund. The Permittee has already provided a non -wasting Endowment of $75,000 to the CVCC for the management in perpetuity of the East Cathedral Canyon Wash Mitigation Site. With the approval by CDFW of the Permittee's mitigation proposal, no further Endowment shall be required and the requirements of Measure 3.4 need not be implemented. The Permittee must provide proof of the establishment of the aforementioned Endowment prior to the initiation of project activities (start of construction). The Permittee shall ensure that the HM lands are perpetually managed, maintained, and monitored by the long-term land manager as described in this Agreement, the conservation easement, and the final management plan approved by CDFW. After obtaining CDFW approval of the HM lands, Permittee shall provide long-term management funding for the perpetual management of the HM lands by establishing a long- term management fund (Endowment). The Endowment is a sum of money, held in a CDFW-approved fund that provides funds for the perpetual management, invasive species control (as needed), monitoring, and other activities on the HM lands consistent with the management plan(s) required by Measure 3.3.5. Endowment as used in this Agreement shall refer to the endowment deposit and all interest, dividends, other earnings, additions and appreciation thereon. The Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 10 of 22 Endowment shall be governed by this Agreement, Government Code sections 65965-65968, as amended, and Probate Code sections 18501-18510, as amended. After the interim management period, Permittee shall ensure that the designated long-term land manager implements the management and monitoring of the HM lands according to the final management plan. The long-term land manager shall be obligated to manage and monitor the HM lands in perpetuity to preserve their conservation values in accordance with this Agreement, the conservation easement, and the final management plan. Such activities shall be funded through the Endowment. 3.4.1 Identify an Endowment Manager. The Endowment shall be held by the Endowment Manager, which shall be either CDFW or another entity qualified pursuant to Government Code sections 65965-65968, as amended, and approved in writing by CDFW in its sole discretion. Permittee shall submit to CDFW a written proposal for an Endowment Manager along with a copy of the proposed Endowment Manager's certification pursuant to Government Code section 65968(e). CDFW shall notify Permittee in writing of its approval or disapproval of the proposed Endowment Manager. If CDFW does not approve the proposed Endowment Manager, it shall provide Permittee with a written explanation of the reasons for its disapproval. 3.4.2 Calculate the Endowment Funds Deposit. After obtaining CDFW written approval of the HM lands, long-term management plan, and Endowment Manager, Permittee shall prepare a Property Analysis Record (PAR) [or PAR -equivalent analysis (hereinafter "PAR") to calculate the amount of funding necessary to ensure the long-term management of the HM lands (Endowment Deposit Amount). The Permittee shall submit to CDFW for review and approval the results of the PAR before transferring funds to the Endowment Manager. 3.4.2.1 Capitalization Rate and Fees. Permittee shall obtain the capitalization rate from the selected Endowment Manager for use in calculating the PAR and adjust for any additional administrative, periodic, or annual fees. 3.4.2.2 Endowment Buffers/Assumptions. Permittee shall include in PAR assumptions the following buffers for endowment establishment and use that will substantially ensure long-term viability and security of the Endowment: 3.4.2.2.1 10 Percent Contingency. A 10 percent contingency shall be added to each endowment calculation to hedge Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 11 of 22 against underestimation of the fund, unanticipated expenditures, inflation, or catastrophic events. 3.4.2.2.2 Three Years Delayed Spending. The endowment shall be established assuming spending will not occur for the first three years after full funding. 3.4.2.2.3 Non -annualized Expenses. For all large capital expenses to occur periodically but not annually such as fence replacement or well replacement, payments shall be withheld from the annual disbursement until the year of anticipated need or upon request to Endowment Manager and CDFW. 3.4.3 Transfer Long-term Endowment Funds. Permittee shall transfer the long- term endowment funds to the Endowment Escrow Account or the Endowment fund Manager upon CDFW approval of the Endowment Fund Amount identified above. The Endowment Manager shall, at all times, hold and manage the Endowment in compliance with this Agreement, Government Code sections 65965-65968, as amended, and Probate Code sections 18501-18510, as amended. 3.5 Reimburse CDFW. The Permittee shall reimburse CDFW for all reasonable expenses incurred such as transaction fees, account set-up fees, administrative fees, title and documentation review, related title transactions, expenses incurred from other state agency reviews and overhead related to transfer of the HM land to CDFW. 3.6 Mitigation for Temporary Impacts. The Permittee shall mitigate for temporary impacts as described in the CDFW-approved Habitat Mitigation and Monitoring Plan (HMMP) (see Measure 4.1). However, the HMMP shall include minimum success criteria of percent cover of invasive species on the project site to not exceed baseline (pre -project) conditions as described in Measure 3.7. 3.7 Invasive Species Control. Invasive, non-native plants will be removed and/or controlled within the project site, as needed, for a period of five years post -project completion. The project site is defined as the area temporarily and/or permanently impacted by the project. Invasive species control shall be accomplished through the means described in the HMMP (see Measure 4.1). Success criteria shall also be described in the HMMP but shall contain minimum success criteria of percent cover of invasive species on the project site to not exceed baseline (pre -project) conditions. 3.8 Invasive Plant Monitoring. Occurrence of invasive, non-native plants will be monitored within the project site for five years post -project completion as Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 12 of 22 described in the HMMP. 4. Reporting Measures Permittee shall meet each reporting requirement described below. 4.1 Habitat Mitigation and Monitoring Plan. No later than 90 days after the signature to this Agreement and prior to the initiation of any project activities in state jurisdictional areas, the Permittee will submit to CDFW a HMMP designed to meet the overall goals identified in section 3. At a minimum, the HMMP shall include the following information related to the project site: (a) a description of the existing physical conditions at the project site, (b) a plan for control of non-native invasive plant species and (c) success criteria for achieving control. The HMMP does not include monitoring at the proposed mitigation site. Success criteria for achieving control of non-native invasive plant species shall be for percent cover for non- native invasive plant species on the project site to not exceed baseline conditions. 4.2 Photo Documentation. Four photo monitoring points shall be established at the project site. Photo Point 1 will be established at the downstream edge of the project site and shall have an unobstructed view of the disturbed area upstream within the channel. Photo Point 2 shall be established at the upstream edge of the project site and shall have an unobstructed view of the disturbed area downstream within the channel. Photo Point 3 shall be established at a location with an unobstructed view of the new concrete line drop structure that will be located about 100 feet upstream from the new bridge. Photo Point 4 shall be established at a location that has an unobstructed view of the temporary "bypass" road shunting traffic around the site during construction. Photo documentation from Photo Point 4 shall be performed before and after construction of the temporary "bypass" road and at project completion. Photo documentation shall be performed from Photo Points 1-3 prior to project initiation and after project completion. Photos from all four Photo Points shall be included in the Project Completion Report (see Measure 4.3). Photo documentation shall also be performed annually from Photo Points 1-3 only and included in the Annual Reports (see Measure 4.4). 4.3 Proiect Completion Report. No later than 90 days after project completion, the Permittee will submit to CDFW a report that summarizes all project activities including the implementation of all items specified in Section 2. This report will include but not be limited to: photo documentation, all survey results, avoidance/minimization measures implemented and maps that display work areas, surveyed areas and locations of any species specified in Section 2 and/or any nest of species specified in Section 2. 4.4 Annual Reporting. An annual report will be submitted to CDFW for five years following signature of this Agreement reporting project status. After project initiation, the annual report will include photo documentation, documentation of invasive species control and monitoring activities and the degree of achievement Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 13 of 22 of success criteria for each year of the Agreement. Reports will be due 60 days after the end of the calendar year. The next annual report for the 2017 calendar year is due no later than March 1, 2019. 4.5 Notification to the California Natural Diversity Data Base (CNDDB). If any sensitive species are observed on or in proximity to the project site, or during project surveys, the Permittee shall submit CNDDB forms and maps to the CNDDB within five working days of the sightings, and provide the regional CDFW office with copies of the CNDDB forms and survey maps. The CNDDB form is available online at www.dfq.ca.gov/whdab/pdfs/natspec.pdf. This information shall be mailed within five days to: California Department of Fish and Wildlife Natural Diversity Data Base, 1807 13th Street, Suite 202, Sacramento, CA 95814. Phone (916) 324-3812. A copy of this information will be mailed within five days to the CDFW Region 6, 78078 Country Club Drive, Suite 109, Bermuda Dunes, CA 92203. ATTN: Streambed Team. Please reference SAA# 1600-2017-0174-R6. 4.6 Notification of Start of Construction. The Permittee shall notify CDFW, in writing, at least five days prior to initiation of project activities in state jurisdictional areas and at least five days prior to completion of project activities in jurisdictional areas. Notification shall be mailed to the CDFW Region 6, 78078 Country Club Drive, Suite 109, Bermuda Dunes, CA 92203. ATTN: Streambed Team. Please reference SAA# 1600-2017-0174-R6. CONTACT INFORMATION Any communication that Permittee or CDFW submits to the other shall be in writing and any communication or documentation shall be delivered to the address below by U.S. mail, fax, or email, or to such other address as Permittee or CDFW specifies by written notice to the other. To Permittee: Charles P. McClendon City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 (760) 202-1460 JCorella@cathedralcity.gov To CDFW: Department of Fish and Wildlife Inland Deserts Region 78078 Country Club Drive, Suite 109 Bermuda Dunes, CA 92203 Attn: Lake and Streambed Alteration Program — Charles Land Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 14 of 22 Notification #1600-2017-0174-R6 (760) 200-9358 Charles.Land@wildlife.ca.gov LIABILITY Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the project or any activity related to it that the Agreement authorizes. This Agreement does not constitute CDFW's endorsement of, or require Permittee to proceed with the project. The decision to proceed with the project is Permittee's alone. SUSPENSION AND REVOCATION CDFW may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with the Agreement. Before CDFW suspends or revokes the Agreement, it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before CDFW suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused CDFW to issue the notice. ENFORCEMENT Nothing in the Agreement precludes CDFW from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement. Nothing in the Agreement limits or otherwise affects CDFW's enforcement authority or that of its enforcement personnel. OTHER LEGAL OBLIGATIONS This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with, or obtaining any other permits or authorizations that might be required under, other federal, state, or local laws or regulations before beginning the project or an activity related to it. For example, if the project causes take of a species listed as threatened or endangered under the Endangered Species Act Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 15 of 22 (ESA), such take will be unlawful under the ESA absent a permit or other form of authorization from the U.S. Fish and Wildlife Service or National Marine Fisheries Service. This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the Fish and Game Code including, but not limited to, Fish and Game Code sections 2050 et seq. (threatened and endangered species), section 3503 (bird nests and eggs), section 3503.5 (birds of prey), section 5650 (water pollution), section 5652 (refuse disposal into water), section 5901 (fish passage), section 5937 (sufficient water for fish), and section 5948 (obstruction of stream). Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass. AMENDMENT CDFW may amend the Agreement at any time during its term if CDFW determines the amendment is necessary to protect an existing fish or wildlife resource. Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by CDFW and Permittee. To request an amendment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the corresponding amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). TRANSFER AND ASSIGNMENT This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter CDFW approves the transfer or assignment in writing. The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the minor amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 16 of 22 EXTENSIONS In accordance with Fish and Game Code section 1605, subdivision (b), Permittee may request one extension of the Agreement, provided the request is made prior to the expiration of the Agreement's term. To request an extension, Permittee shall submit to CDFW a completed CDFW "Request to Extend Lake or Streambed Alteration" form and include with the completed form payment of the extension fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). CDFW shall process the extension request in accordance with Fish and Game Code section 1605, subdivisions (b) through (e). If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the project the Agreement covers (Fish & G. Code § 1605, subd. (f)). EFFECTIVE DATE The Agreement becomes effective on the date of CDFW's signature, which shall be: 1) after Permittee's signature; 2) after CDFW complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the applicable Fish and Game Code section 711.4 filing fee listed at https://www.wildlife.ca.ciov/Conservation/CEQA/Fees. TERM This Agreement shall expire on December 31, 2022, unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term. Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as Fish and Game Code section 1605, subdivision (a)(2) requires. Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 17 of 22 EXHIBITS The documents listed below are included as exhibits to the Agreement and incorporated herein by reference. Exhibit A. Four Maps/Diagrams Figure 1. Cathedral Canyon Drive New Bridge Vicinity Map. Figure 2. Cathedral Canyon Drive New Bridge Impacts Map. Figure 3. Cathedral Canyon Drive New Bridge Mitigation Site Location Map. Figure 4. Cathedral Canyon Drive New Bridge Mitigation Site Map. Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 18 of 22 .41 am MUNICIPAL A1NPONT it AGUA C LIENTE I N D I A N RESERVATION R E. l AGUA CALIENTE INDIAN RESERVAT PAR( i0 ,+N t,37 CALIENTE INDIAN ItESE RVAT1ON Smarm USES 7.5 Mimic Map* Catkral Cly, CA 1958, Plwtareebed 1981 r SAA 1600-2017-0174-R6 (Cathedral Cyn. Dr. New Bridge) L A TERRA NOVA Vicinity Map/ Composite I SGS Quad Map Ra..btaE.� eK Cathedral City, California Figure 1 Or Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 20 of 22 Palm Spring, International Airport, SAA 1600-2017-0174-R6 (Cathedral Cyn. Dr. New Bridge) A TERRA NOVA® Mitigation Site Location PUNNING 6 RESEAPGN INC Cathedral City, California Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 21 of 22 Legend Conservation Easement Boundary Source: Riverside County APN Map 686310014 and Google Earth 11.12.13 Figure r , SAA 1600-2017-0174-R6 (Cathedral Cyn. Dr. New Bridge) A TERRA NOVA® Mitigation Site MNMNG 6 PESEMOHJNC Cathedral City, California 4 Notification #1600-2017-0174-R6 Revision 1 Streambed Alteration Agreement Page 22 of 22 AUTHORITY If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee's behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein. AUTHORIZATION This Agreement authorizes only the project described herein. If Permittee begins or completes a project different from the project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify CDFW in accordance with Fish and Game Code section 1602. CONCURRENCE The undersigned accepts and agrees to comply with all provisions contained herein. FOR CITY OF CAT EDRAL CITY Charles P. Mclendon City Manager kr'4""� Date FOR DEPARTMENT OF FISH AND WILDLIFE _4Gt3 L�i%c-C� w- / Z2Z%zD/ �] Scott Wilson Date Salton Sea Program Manager Prepared by: Charles Land Environmental Scientist