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HomeMy WebLinkAboutEPIMS-SCL-47857-R3_Final_Agreement CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE BAY DELTA REGION 2825 CORDELIA ROAD, SUITE 100 FAIRFIELD, CA 94534 (707) 428-2002 STREAMBED ALTERATION AGREEMENT EPIMS-SCL-47857-R3, REVISION 2 UNNAMED TRIBUTARY TO SAN FRANCISQUITO CREEK TOWN OF LOS ALTOS HILLS MATADERO CREEK RESTORATION AND BANK STABILIZATION PROJECT This Lake and Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and Town of Los Altos Hills (Permittee) as represented by WooJae Kim. REITALS WHEREAS, pursuant to Fish and Game Code section 1602, Permittee notified CDFW on January 31, 2024, 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 is located along Page Mill Road and includes a portion of Matadero Creek, between Berry Hill Court and Arastradero Road, approximately one -quarter of a mile southwest of Interstate 280 (I-280) in the Town of Los Altos Hill, Santa Clara County, State of California, GPS Latitude 37.385986 and Longitude - 122.165064, Assessor’s Parcel Number 182-07-059. PROJECT DESCRIPTION The Project involves repairing an existing headcut on Matadero Creek that has formed at the outfall of an existing box culvert. After the headcut is repaired and the bank is stabilized, native plant restoration will occur. Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 2 of 20 For grade control structure activities, Permittee will use a coffer dam to dewater the stream, Flow Diversion Plan (Exhibit A). Water will be captured in a pipe and directed around the Project area. The Project will be built in two stages. 1. Grade control structure Permittee will use excavation equipment to remove sackrete material from the channel, repair the channel, and lay back the bank grades. A non-woven filter fabric will be placed in areas where riprap is proposed prior to backfilling with rock. 18 inch (in) 300 pound (lb) large rock rip rap will be placed first, followed by smaller rock to fill the voids Project Plan Set (Exhibit B). In areas where willow plantings are proposed, 24-in diameter sonotubes will be spaced among the rocks to allow access to the soil for final installation of willow stakes. 2. Revegetation After water is reintroduced to the creek, Permittee will revegetate the area and plant replacement trees following the Matadero Creek Mitigation and Monitoring Plan (Exhibit C). PROJECT IMPACTS Existing fish or wildlife resources the Project could substantially adversely affect on-site and/or downstream include: Common Name Scientific Name Status California red-legged frog Rana draytonii FT, SSC Western pond turtle Emys marmorata SSC White-tailed kite Elanus leucurus FP San Francisco dusky-footed woodrat Neotoma fuscipes annectens SSC (Brewster’s) Yellow warbler Setophaga petechia brewsteri SSC Amphibians and other aquatic wildlife Nesting Birds Riparian vegetation Notes: FE = federally endangered under ESA; FT= federally threatened under ESA; FC = federal candidate species under ESA; SE = state endangered under CESA; SSC = state species of special concern; DPS = Distinct Population Segment The adverse effects the Project could have on the fish or wildlife resources identified above include: Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 3 of 20 • Loss of riparian habitat; • Soil compaction and disturbance; • Change in contour of bed and bank; • Change in composition of channel materials; • Permanent loss of natural bed; • Debris transport impedance from coffer dam installation; • Channel confinement; • Impediment of terrestrial and aquatic animal species travel routes due to permanent structures; • Temporary loss of bank stability during construction; • Increased sedimentation and short-term release of contaminants (e.g., incidental during construction); • Disruption to nesting birds and other wildlife; and • Colonization by invasive plant species The Project will permanently impact 0.04 acres of streambed and 0.05 acres of arroyo willow habitat due to headcut repair and placement of rip rap. The Project will remove 9 arroyo willow trees and one California buckeye tree (Table 1). Table 1. Trees to be Removed Species Common Name Diameter at Breast Height (DBH) (In) Salix lasiolepis Arroyo willow 10.3 Aesculus californica California buckeye 5.1 Salix lasiolepis Arroyo willow 3.5 Salix lasiolepis Arroyo willow 3 Salix lasiolepis Arroyo willow 4.5 Salix lasiolepis Arroyo willow 6 Salix lasiolepis Arroyo willow 4.9 Salix lasiolepis Arroyo willow 16.8 Salix lasiolepis Arroyo willow 9.2 Salix lasiolepis Arroyo willow 25.8 MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES 1. Administrative Measures Permittee shall meet each administrative requirement described below. Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 4 of 20 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 presente d to CDFW personnel, or personnel from another state, federal, or local agency upon request. 1.2 Providing Agreement to Persons at Project Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the project at the project site on behalf of Permittee, including but not limited to contractors, subcontractors, ins pectors, and monitors. 1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee determines or learns that a provision in the Agreement might conflict with a provision imposed on the project by another local, state, or federal agency. In that event, CDFW shall contact Permittee to resolve any conflict. 1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the project site at any time to verify compliance with the Agreement. CDFW personnel must adhere to proper safety precautions and attire. 1.5 No Trespass. To the extent that any provisions of this Agreement provide for activities that require the Permittee to traverse another owner's property, such provisions are agreed to with the understanding that the Permittee possesses the legal right to so traverse. In the absence of such right, any such provision is void. 1.6 Unauthorized Take. The Permittee is required to comply with all applicable state and federal laws, including the California Endangered Species Act (CESA) and Federal Endangered Species Act (ESA). This Agreement does not authorize the take of any state or federal endangered, threatened, or candidate species. Liability for any take or incidental take of such listed species remains the responsibility of the Permittee for the duration of the project. Any unauthorized take of such listed species may result in prosecution and nullification of the Agreement. 1.7 Work According to Documents. Except as they are contradicted by measures required by this Agreement, all work shall be conducted in conformance with the project description above and the avoidance, minimization, and mitigation measures provided in the notification package. 1.8 CDFW-Approved Qualified Biologists and Biological Monitors. Permittee shall submit to CDFW for written approval, the names and resumes of all Qualified Biologists and Biological Monitors involved in conducting surveys or monitoring work. Permittee shall submit the names and resumes to CDFW at least fourteen (14) days before the start of the project or before the start of surveys. Names and Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 5 of 20 resumes shall be submitted to Emily Galli, Environmental Scientist, by email to Emily.Galli@wildlife.ca.gov. 1.8.1 Resumes shall include educational background, experience with focal species and description of experience with each focal species (e.g., tagging, handling, observational surveys, electrofishing, relocation, auditory surveys, etc.), including number of hours/years of experience per species, trainings/workshops, and certificates or related credentials. Please include experience with different life stages of a species when applicable. 1.8.2 A Qualified Biologist is an individual who shall have a minimum of five years of academic training and professional experience in biological sciences and related resource management activities with a minimum of two years conducting surveys for each species that may be present within the project area. 1.8.3 Biological Monitors shall have academic and professional experience in biological sciences and related resource management activities as it pertains to this project. 1.8.4 Permittee shall not enter into non-disclosure agreements with biological staff or otherwise implement penalties or disincentives restricting direct communication with CDFW. 1.9 Qualified Biologist or Biological Monitor On-site. Permittee shall designate a Qualified Biologist or Biological Monitor to monitor on-site compliance with all conditions of this Agreement. 1.10 Stop Work Authority. The Qualified Biologists and Biological Monitors shall have the ability to stop or restrict work if they determine that a Project activity is not in compliance with this Agreement and to otherwise avoid impacts to species and or habitats. Permittee shall not enter into non -disclosure agreements with biological staff or otherwise implement penalties or disincentives restricting direct communication with CDFW. 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 Work Period. All work covered within this Agreement shall begin on or after June 15 and all work shall be completed by October 31 of each year unless a different work period is identified below. Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 6 of 20 2.1.1 Work is restricted to daylight hours, one hour after sunrise to sunset. 2.2 Work Period Modification. If Permittee needs more time to complete Project activities, the work may be permitted outside of the work period specified in Measure 2.1 and extended on a week-to-week basis with written approval from CDFW. Permittee shall submit a written request for a work period variance to CDFW at least 14 days prior to the start of the request. At minimum, the work period variance request shall: 1) Describe the extent of work already completed. 2) Detail the activities that remain to be completed. 3) Provide a National Weather Service forecast covering the time needed, up to one week, to complete a phase or activity. 4) Detail the time required to complete each of the remaining activities. 5) Provide photographs of both the completed and proposed work sites. 6) Include an assessment of additional biological impacts as a result of the work extension. 2.2.1 The work period variance request should consider the effects of noise, rain delays, increased erosion control measures, limited access due to saturated soil conditions, and limited growth of erosion control grasses due to cool weather. Work period variances are issued at the discretion of CDFW. CDFW will review the written request to work outside of the established work period and may require additional measures to protect fish and wildlife resources as a condition for granting the variance. 2.3 Work According to Design Plans. All work shall be completed according to the Project Plans (Exhibit B). If the Permittee finds it necessary to update Project plans prior to construction that would modify the scope or nature of any Project covered under this Agreement, the updated plans shall be submitted to CDFW at least 30 days prior to beginning Project activities to determine if an Amendment to this Agreement is required. Project activities shall not proceed until CDFW has accepted the updated plans in writing. At the discretion of CDFW, plan modifications may require an amendment to this Agreement. At the discretion of the CDFW, if substantial changes are made to the original plans this Agreement becomes void and the Permittee shall submit a new notification. 2.4 Work Period in Dry Weather Only. Project activities within the stream and riparian corridor shall be restricted to dry weather as allowed during the work period specified in Measure 2.1. Project activities shall be timed with awareness of precipitation forecasts and potential increases in stream flow. Permittee shall monitor the National Weather Service (NWS) 72-hr forecast for the Project area. Project activities within the stream and riparian corridor shall cease when the Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 7 of 20 National Weather Service (NWS) 24-hour weather forecast indicates a 40 percent chance or higher of precipitation of at least 0.25-inch of precipitation. All necessary erosion control measures shall be implemented prior to the onset of precipitation. Any construction equipment and materials shall be removed if inundation is likely. Project activities halted due to precipitation may resume after a dry out period of 24-hours after the above referenced wet weather. Weather forecasts shall be documented upon request by CDFW. The National Weather Service forecast can be found at: http://www.nws.noaa.gov. 2.5 Post Storm Event Inspection. After any storm event, Permittee shall inspect all sites scheduled to begin or continue construction within the next 72 hours. Corrective action for erosion and sedimentation shall be taken as needed. National Weather Service 72-hour weather forecasts shall be reviewed prior to the start of any phase of the Project that may result in sediment runoff to the stream, and construction plans adjusted to meet this requirement. 2.6 Wildlife Movement. Project activity infrastructure shall not prevent, impede, or tend to prevent or impede the passing of fish or aquatic species up-and downstream, in compliance with Fish and Game Code Section 5901. 2.7 Clean Rocks/Gravel. Only clean rocks and or/gravel shall be used for the project. 2.8 Adequately Sized Materials. Stabilization materials shall be adequately sized to withstand peak storm flows for the drainage. Material shall be properly aligned within the stream and otherwise engineered, installed and maintained, to assure resistance to washout, and erosion of the streambed, stream banks and/or fill. Biological Resource Protections 2.9 Training Session for Personnel. Permittee shall ensure that a Qualified Biologist conducts a training session for all persons employed on the project prior to performing project activities. Instruction shall consist of a presentation by the Qualified Biologist that includes a discussion of the biology and general behavior of any sensitive species which may be in the area, how they may be encountered within the work area, and procedures to follow when they are encountered. The status of CESA-listed species including legal protection, penalties for violations and project-specific protective management measures provided in this Agreement shall be discussed. Interpretation shall be provided for non-English speaking workers, and the same Instruction shall be provided for any new workers prior to on-site project activity. Copies of the Agreement for this project shall be maintained at the worksite with the project supervisor. Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 8 of 20 2.10 General Pre-Construction Biological Survey. Permittee shall have a Qualified Biologist conduct a pre-project survey within and adjacent to the proposed work area, within 48 hours prior to the start of vegetation removal and ground disturbing activities. If there is a gap in work of more than 7 days, an additional pre- construction survey will be needed. The Qualified Biologist shall survey the Project area at the appropriate time of day for presence of special-status and non-special- status species. Pre-project survey shall include: a) general survey for botanical and wildlife resources; b) visual survey of work areas with flowing or standing water for any aquatic species that may be impacted by vegetation removal and ground disturbing activities; and, c) survey of culvert, bridges, or other structures to determine if these structures are being used for nesting, roosting, or habitat refugia. The Qualified Biologist shall record all wildlife species encountered during survey(s) and submit the record to CDFW within seven (7) days after survey completion. 2.11 Daily Clearance Survey. Before the start of daily project activities, the Qualified Biologist or Biological Monitor shall inspect the work areas, equipment and material left onsite, and any access routes into the work area and nearby vicinity for the presence of special-status species or other wildlife. If any species is detected in harm’s way, construction activities shall not begin until the species has left the site of its own volition or relocated by the Qualified Biologist/Biological Monitor (Measure 2.12). 2.12 Relocation of Stranded Wildlife. Any wildlife species found during pre-construction or daily clearance surveys shall not be harassed and shall be allowed to leave the project area unharmed. If needed, the Qualified Biologist may guide, handle, or capture an individual non-listed wildlife species to move it to a nearby safe location within nearby refugium, or it shall be allowed to leave the project site of its own volition. If the wildlife species is discovered or is caught in any pits, ditches, or other types of excavations, the Qualified Biologist shall release it into the most suitable habitat near the site of capture. This measure does not authorize “take” of any state or federally listed species. If the Permittee encounters a listed or fully protected species during a Project activity, Permittee shall suspend work and consult with CDFW. CDFW reserves the right to provide additional measures to this Agreement designed to protect special-status species. 2.13 Qualified Biologist and Biological Monitors with Stop Work Authorization . The Qualified Biologist and biological monitors shall have the ability to stop or restrict work if they determine that the project activity is not in compliance with this Agreement. If there are issues with the qualified biologist or biological monitor stopping work, please inform CDFW. 2.14 Special Status Species Encountered During Work. If CDFW determines or Permittee finds that any special-status species are present at the Project area, Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 9 of 20 Permittee shall stop all Project work and Permittee, or the Qualified Biologist shall notify CDFW and other agencies such as the USFWS as may be appropriate. If there is imminent danger of injury to special-status species individual(s) do not move out of the work area of their own, the Qualified Biologist shall contact the appropriate agency. Through consultation with CDFW, additional measures may be developed to protect special-status species. Bird Measures 2.15 Nesting Bird Surveys. If project activities are scheduled between February 1 and September 15, a focused survey for active bird nests shall be conducted by the CDFW-approved qualified biologist within seven (7) days prior to the beginning of project activities and if there is a four (4) day or more lapse in project construction. The results of the survey shall be submitted in writing to Emily Galli, Environmental Scientist by email at Emily.Galli@wildlife.ca.gov or via EPIMS within seven (7) days of survey completion. 2.16.1 The minimum survey radii surrounding the work area shall be the following: i) 250 feet for passerines; ii) 500 feet for other small raptors such as accipiters; iii) 1,000 feet for larger raptors such as buteos. 2.16 Active Nest Protection. If active nests are found, the Qualified Biologist shall establish an appropriate buffer to comply with the Migratory Treaty Act of 1918 and Fish and Game Code 3503. The Qualified Biologist shall document pre- construction baseline monitoring of the nest to characterize “normal” bird behavior. The Qualified Biologist shall monitor the nesting birds and shall increase the buffer if they determine the birds are showing signs of unusual or stressed behavior by project activities. Abnormal nesting behaviors which may cause reproductive harm include, but are not limited to, defensive flights/vocalizations directed towards project personnel, standing up from a brooding position, and flying away from the nest. The Qualified Biologist shall have authority to order the cessation of all nearby project activities if the nesting birds exhibit abnormal behavior which may cause reproductive failure (nest abandonment and loss of eggs and/or young) until an appropriate buffer is established. To prevent encroachment, the established buffer(s) shall be clearly marked for avoidance. The established buffer(s) shall remain in effect until the young have fledged or the nest has been abandoned as confirmed by the Qualified Biologist. Signs of nest abandonment, as determined by the Qualified Biologist, shall be reported to CDFW within 24 hours. Notification shall be made to R3LSA@wildlife.ca.gov or Emily Galli, Environmental Scientist by email at Emily.Galli@wildlife.ca.gov. Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 10 of 20 San Francisco Dusky-Footed Woodrat (SFDFW) Protections 2.17 SFDFW Surveys. Within seven (7) days prior to Project commencement a CDFW approved Qualified Biologist shall conduct a survey of San Francisco dusky footed woodrat midden(s) and determine whether the midden(s) are active or inactive. Upon survey completion, the Permittee shall submit results of the survey al ong with a map indicating the location(s) of the midden(s) to CDFW with seven (7) days of survey completion. At least two weeks prior to the start of work, Permittee will provide a SFDFW relocation plan to CDFW for review and approval. 2.18 Active SFDFW Buffers. If an active San Francisco dusky-footed woodrat midden is found during SFDFW surveys, the active midden site shall be designated as “Ecologically Sensitive Areas” (ESA) and protected during Project construction with establishment of flagging or a fence barrier surrounding the nest site. The minimum distance of the protective buffer protecting the nest shall be 25 feet. Aquatic Species and Fish Protective Measures 2.19 California Red-Legged Frog – Habitat Assessment and Surveys. The Permittee shall ensure at least thirty (30) days prior to starting project activities, a Qualified Biologist shall perform a pre-project survey for California red-legged frog (CRLF). Surveys shall be conducted at the appropriate time and with the appropriate methodology to determine if CRLF is present within the Project area. Survey limits shall be determined by the Qualified Biologist and shall include all areas within the Project footprint. If the survey yields information pertaining to any new resource impacts, CDFW shall be consulted immediately. Survey results, including negative findings, analysis, recommendations, and field notes shall be provided to CDFW within seven (7) days of survey completion. 2.20 California Red-Legged Frog Avoidance Plan. The Permittee shall submit a CRLF avoidance and monitoring plan at least fourteen (14) days prior to starting project activities. The plan shall identify all areas to be protected with exclusion fencing and all areas requiring additional monitoring for CRLF for CDFW review and approval prior to construction. 2.21 Western Pond Turtle. Areas that contain standing water where impacts will occur shall be surveyed for western pond turtles (“WPT”) in accordance with United States Geological Survey protocols provided at the following CDFW link: https://wildlife.ca.gov/Conservation/Survey-Protocols#377281283-reptiles; reference the Draft USGS Western Pond Turtle (Emys marmorata) Visual Survey Protocol for the Southcoast Ecoregion (USGS, 2006) and the Draft USGS Western Pond Turtle (Emys marmorata) Trapping Protocol for the Southcoast Ecoregion (USGS, 2006). If the proposed impact area is surrounded by upland habitat, there Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 11 of 20 shall be no impacts to the south-facing slope of the upland habitat. A Qualified Biologist with experience working with WPT shall also walk the proposed impact area prior to maintenance activities to identify potential breeding areas or existing nests. If WPT are shown to be on or near the proposed site, impacts to drainages and the surrounding area shall take place outside the breeding period (i.e., from April 1 to August 31). The Permittee shall avoid work in flowing or ponded areas within 1,500 feet of known locations of turtles. Where such activities must occur, the Qualified Biologist shall implement a turtle exclusion and relocation program within the maintenance zone. This program shall be approved by CDFW and shall provide for the erection of turtle barriers and regular surveys of the maintenance area to capture and relocate turtles from within the project work area to the adjacent, unaffected habitat areas. Non-native reptiles and amphibians captured during these efforts shall not be returned to the wild. Habitat Protective Measures 2.22 Project Site Flagging. Prior to the start of Project activities, Permittee shall identify the limits of the Project site. The Project site limits shall be identified with brightly colored flagging. Work completed under this Agreement shall be limited to this defined area only and shall not impact stream areas beyond the project grading limits. Flagging that identifies areas to be avoided sha ll be maintained in good repair for the duration of the Project. All stream areas beyond the identified work area limits shall be considered Environmentally Sensitive Areas and shall not be disturbed. 2.23 Limitations on Vegetation Removal. Disturbance or removal of vegetation shall not exceed the minimum necessary to complete the work. Precautions shall be taken to avoid other damage to vegetation by people or equipment. Vegetation outside the Project work area shall not be removed or damaged without prior consultation and written approval of a CDFW representative. 2.24 Demarcate Work Area Boundary. In consultation with the Qualified Biologist, the Permittee shall demarcate the sensitive habitat areas, including nesting birds, to prevent damage to adjacent habitat and to provide visual orientation to its limits. Marking shall be in place during all periods of operation. All persons emp loyed or otherwise working on the Project site shall be instructed about the restrictions that the marking represents. Permittee shall remove all temporary flagging, fencing, and/or barriers from the Project site and vicinity of the stream upon completion of Project activities. 2.25 Invasive Plants. Permittee shall not plant, seed or otherwise introduce invasive exotic plant species. Prohibited exotic plant species include those identified in the California Exotic Pest Plant Council's database, which is accessible at: http://www.cal-ipc.org/ip/inventory/index.php. Permittee is responsible for invasive Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 12 of 20 exotic species eradication within the project area for a minimum of three years following project activities. Invasive plant material removed during work activities shall be bagged and appropriately incinerated or disposed of in a landfill or permitted composting facility. Phytophthora Protections 2.26 Phytophthora Guidelines. Permittee shall implement all appropriate measures to minimize the potential spread of Phytophthora spp. pathogens to the maximum extent practicable. For guidance on appropriate measures, the Permittee shall rely upon internal subject matter experts in coordination with evolving guidelines and expertise of the Working Group for Phytophthoras in Native H abitats (www.calphytos.org). 2.27 Site Sanitation. Permittee shall keep the exterior and interior of all vehicles, construction equipment, and tools clean and free of debris, soil and mud (including mud on tires, treads, wheel wells and undercarriage). Work shoes shall be kept clean by inspecting shoe soles and removing mud, debris, and soil off treads before moving to a new job site. Vehicles shall stay on established roads whenever possible. 2.28 Phytophthora and Nursery Stock. Permittee shall ensure that the following sanitation, planting and nursery guidelines are implemented to minimize the potential for spreading Phytophthora spp. pathogens, to the maximum extent practicable. 2.29.1 Any container plants used for revegetation efforts, shall be acquired from nursery stock grown pursuant to the Guidelines to Minimize Phytophthora Pathogens in Restoration Nurseries (Nursery Guidelines which can be found online at http://www.suddenoakdeath.org/wp- content/uploads/2016/04/Restoration.Nsy_.Guidelines.final_.092216.pdf ) prepared by the Working Group for Phytophthoras in Native Habitats. Please note that growing a clean nursery stock takes a minimum of one (1) year. 2.29.2 Appropriate holding facility and planting guidelines shall be followed to ensure that clean nursery stock is installed into the site (see Guidelines to Minimize Phytophthora Contamination in Restoration Projects which can be found online at http://www.suddenoakdeath.org/wp- content/uploads/2016/04/Restoration_guidance_FINAL-111716.pdf). Erosion and Sediment Control 2.29 Erosion Control. At no time shall silt laden runoff be allowed to enter the stream or directed to where it may enter the stream. Erosion control measures shall be Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 13 of 20 utilized throughout all phases of operation where sediment runoff from exposed slopes threatens to enter the stream. Erosion control measures, such as silt fences, straw bales, gravel or rock lined ditches, water check bars, and broadcasted straw shall be used wherever sediment has the potential to leave the work site and enter the stream. Permittee shall monitor erosion control measures during and after each storm event and repair and/or replace ineffective measures immediately. 2.30 Geo-Textile and Monofilament Netting Restriction. To minimize the risk of entangling and strangling wildlife, Permittee shall not place erosion control materials containing synthetic (e.g., plastic or nylon) monofilament netting. Any geo-textile material or filter fabric used within the Project boundary shall not any contain petroleum-based products. Geotextiles, fiber rolls, and other erosion control measures shall be made of loose -weave mesh, such as jute, coconut (coir) fiber, or other products without welded weaves. No geotextile fabrics shall be placed where they may be exposed to stream flows. 2.31 Treat Exposed Areas. All exposed/disturbed areas and access points within the riparian zone left barren of vegetation because of the project activities shall be restored by seeding with a blend of native erosion control grass seed or planted with native vegetation. Seeded areas shall be mulched. Landscape fabric shall not be used. Revegetation shall be completed as soon as possible after project activities in those areas stop. Seeding placed after October 15 shall be covered with broadcast straw, jute netting, coconut fiber blanket, or similar erosion control blanket. Construction Measures 2.32 No Dumping. Permittee and all contractors, subcontractors, and employees shall not dump any litter or construction debris within the stream, or where it may pass into the stream. Permittee shall pick up and property dispose of all trash (e.g., food wrappers, zip ties, etc.) daily. 2.33 Silt Fence Removal. Permittee shall remove and properly dispose of all silt fence and associated material from the project site when construction is finished. 2.34 Concrete – Primary Containment. The Permittee shall install the necessary containment structures to control the placement of wet concrete and to prevent it from entering into the channel outside of those structures. No concrete shall be poured within the high flow line if the 7-day weather forecast indicates any chance of rain. 2.35 Concrete – Designated Monitor. At all times when the Permittee is pouring or working with wet concrete there shall be a designated monitor to inspect the Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 14 of 20 containment structures and ensure that no concrete or other debris enters into the channel outside of those structures. 2.36 Deleterious Materials. Any hazardous or toxic materials (e.g., asphalt, paint, petroleum products) that could be deleterious to aquatic life that could be washed into the stream or its tributaries shall be contained in watertight containers or removed from the project site. Permittee shall also check equipment for leaks. In the case where leaks occur, Permittee shall fix the leak and remediate any areas where oil, lubricants, or deleterious materials have spilled. 2.37 Spill of Material Deleterious to Fish and Wildlife . In the event of a hazardous materials spill into a stream (e.g., concrete or bentonite), Permittee shall immediately notify the California Office of Emergency Services State Warning Center by calling 1-800-852-7550 and immediately provide written notification to CDFW by email at R3LSA@wildlife.ca.gov or Emily.Galli@wildlife.ca.gov. Permittee shall take all reasonable measures to document the extent of the impacts and affected areas including photographic documentation of affected areas and injured or dead fish and wildlife species. Permittee shall meet with CDFW within ten (10) days of the reported spill in order to develop a resolution including: site clean-up, site remediation and compensatory mitigation for the harm caused to fish, wildlife and the habitats on which they depend as a result of the spill. The Permittee shall be responsible for all spill clean-up, site remediation and compensatory mitigation costs. Spill of materials to waters of the state that are deleterious to fish and wildlife are in violation of Fish and Game Code section 5650 et. Seq. Equipment and Operations 2.38 Operating Equipment and Vehicle Leaks. Any equipment or vehicles driven and/or operated adjacent to the stream shall be checked and maintained daily to prevent leaks of materials that could be deleterious to aquatic and terrestrial life or riparian habitat. 2.39 Stationary Equipment Leaks. Stationary equipment such as motors, pumps, generators, and welders, located within or adjacent to the stream shall be positioned over drip pans. Stationary heavy equipment shall have suitable containment to handle a catastrophic spill/leak. 2.40 Equipment Storage. Staging and storage areas for equipment, materials, fuels, lubricants, and solvents, shall be located outside of the stream channel and banks. Compensatory Mitigation Measures Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 15 of 20 To compensate for permanent impacts to 0.04 acres of streambed and 0.05 acres of arroyo willow habitat, and the removal of 9 arroyo willow trees and one California buckeye tree, Permittee shall implement the following: 3.1 Mitigation and Monitoring Plan. Permittee shall implement the Matadero Creek Mitigation and Monitoring Plan, dated January 20, 2023 (Exhibit C). Table 2 below summarizes the mitigation. Table 2. Mitigation Types and Amount Stream Acres/Linear Feet Ratio Permanent Impacts 0.07/93 - On-Site Creation 0.004/35 1:1 Off-Site Preservation 0.88/816 20:1 Off-Site Enhancement 1.96/848 50:1 3.1.1 Mitigation and Monitoring Reports. Permittee shall have a Qualified Biologist monitor the recovery of plant, wildlife, and aquatic resources in the area following mitigation implementation. Monitoring of plant, wildlife, and aquatic resources shall be done in summer and winter of each year, through the term of mitigation. The results and analysis shall be submitted with the annual report to CDFW by February 1 of each year for 5 years after implementation. This report shall include the status and any success trends for the success criteria outlined in the mitigation and monitoring plan. Photos from designated photo stations shall be included. 3.1.2 Mitigation Success. After the 5th monitoring year, CDFW may conduct a site visit to determine if the success criteria has been met and the mitigation portion of the Agreement is can be deemed complete. The site should be free of trash and any irrigation infrastructure shall be removed if it was used (unless there is an acceptable justification for leaving the irrigation system in place). 4. Reporting Measures Permittee shall meet each reporting requirement described below. Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 16 of 20 4.1 Mitigation Plan Reporting. Permittee shall submit Mitigation and Monitoring Reports to CDFW by December 31 each year per Measure 3.1.1. Reports shall be submitted in writing to CDFW in electronic format via EPIMS or other CDFW permitting platforms. 4.2 Notification of Commencement & Completion to CDFW. Permittee shall notify CDFW in writing, at least five (5) days prior to initiation and within five (5) days of project completion. Permittee shall notify CDFW by email at Emily.Galli@wildlife.ca.gov. Pease refer to Notification Number EPIMS-SMO- 46447-R3 when emailing CDFW. 4.3 Survey Reports. Survey results for nesting birds and special status species shall be submitted to CDFW within seven (7) days of survey completion. Reports shall be submitted in writing to CDFW in electronic format via EPIMS or other CDFW permitting platforms. via status submittals. 4.4 Final Mitigation Monitoring Report. After the final monitoring year, if the mitigation sites have met the success criteria identified in the mitigation plans, CDFW shall request a site visit to determine if the mitigation efforts are deemed complete. Within 30 days of mitigation completion approval, the Permittee shall submit a final mitigation monitoring report to CDFW summarizing mitigation efforts. The report shall include photos, maps, and detailed reports of the site’s success over the monitoring period. Reports shall be submitted in writing to CDFW in electronic format via EPIMS or other CDFW permitting platforms. via status submittals. 4.5 Final Project Report. Permittee shall provide a final Project report to CDFW no later than one month after the Project is fully completed, including a brief description of the activities performed, color photographs of before and after Project-related activities and surrounding staging areas, and biological survey notes (including monitoring reports). Reports shall be submitted in writing to CDFW in electronic format via EPIMS or other CDFW permitting platforms. via status submittals. 4.6 Photographic Documentation of Work. Prior to project commencement and at project completion, the Permittee shall photograph the project area. All photos shall be submitted within 30 days of project completion. Reports shall be submitted in writing to CDFW in electronic format via EPIMS or other CDFW permitting platforms. via status submittals. 4.7 Notification to the California Natural Diversity Database. If any listed, rare, or special status species are detected during project surveys, on, and/or around the project site during project activities, the Permittee shall submit CNDDB Field Survey Forms to CDFW in the manner described at the CNDDB website (https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data) within five (5) working Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 17 of 20 days of the sightings. Copies of such submittals shall also be submitted to the CDFW regional office as specified below. CONTACT INFORMATION Any communication that Permittee or CDFW submits to the other shall be submitted through EPIMS as instructed by CDFW. To Permittee: WooJae Kim Town of Los Altos Hills EPIMS-SCL-47857-R3 Matadero Creek Restoration and Bank Stabilization Project wkim@losaltoshills.ca.gov To CDFW: Department of Fish and Wildlife Bay Delta Region EPIMS-SCL-47857-R3 Matadero Creek Restoration and Bank Stabilization Project Emily.Galli@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 Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 18 of 20 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 (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 Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 19 of 20 amendment, Permittee shall log into EPIMS and submit to CDFW a completed CDFW “Amendment & Extension” form. Permittee shall 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 log into EPIMS and submit to CDFW a completed CDFW “Amendment & Extension” form. Permittee shall include with the completed form, payment of the minor amendment fee identified in CDFW’s current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). EXTENSIONS In accordance with 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 log into EPIMS and submit to CDFW a completed CDFW “Amendment & Extension’ form. Permittee shall 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.gov/Conservation/CEQA/Fees. TERM This Agreement shall expire on December 31, 2029, unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term . Notification EPIMS-SCL-47857-R3, Revision 2 Streambed Alteration Agreement Page 20 of 20 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. EXHIBITS The documents listed below are included as exhibits to the Agreement and incorporated herein by reference. A. Exhibit A. Flow Diversion Plan B. Exhibit B. Project Plan Set C. Exhibit C. Matadero Creek Mitigation and Monitoring Plan 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 Through the electronic signature by the permittee or permittee’s representative as evidenced by the attached concurrence from CDFW’s Environmental Permit Information Management System (EPIMS), the permittee accepts and agrees to comply with all provisions contained herein. The EPIMS concurrence page containing electronic signatures must be attached to this agreement to be valid.