HomeMy WebLinkAboutEPIMS Concurrence PageEPIMS-SCL-47857-R3 - Matadero Creek Restoration and Bank StabilizationEPIMS-SCL-47857-R3 - Matadero Creek Restoration and Bank Stabilization
Permit De tailsPermit De tails
Notification Type: 10147-Notify for Standard Agreement (Cannabis and non-Cannabis)
Notification Type Due Date:
Region: Region 3
Status: Underway
Project Start Date:
Project End:
Contact Information
Primary Contact Information
User Title:Mr. WooJae
First NameFirst Name
Middle NameMiddle Name Kim
Last NameLast Name
User Email*:wkim@losaltoshills.ca.gov
User Address*:26379 Fremont Rd
Los Altos Hills
CityCity
California
State/ProvinceState/Province
94022-2624
Postal Code/ZipPostal Code/Zip
User Phone*:(650) 947-2516
PhonePhone
Ext.Ext.
Organization Information
Organization Name*:Town of Los Altos Hills
Organization Type*:Local Government
Organization Website:https://www.losaltoshills.ca.gov/
Address*:26379 Fremont Road
Los Altos Hills
CityCity
California
State/ProvinceState/Province
Ext.Ext. 94022
Postal Code/ZipPostal Code/Zip
Phone*:(650) 947-2516 Ext.Ext.
Draft Agreement
CDFW Draft AgreementCDFW Draft Agreement
Date UploadedDate Uploaded File nameFile name DocumentDocument
06/20/202406/20/2024 SCL-47857 Draft Agreement Version 1SCL-47857 Draft Agreement Version 1 EPIMS-SCL-47857-R3_Draft_Agreement_Version_1.pdfEPIMS-SCL-47857-R3_Draft_Agreement_Version_1.pdf
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04/21/202504/21/2025 Draft Agreement Version 2Draft Agreement Version 2 EPIMS-SCL-47857-R3_draft_agreement_version_2.pdfEPIMS-SCL-47857-R3_draft_agreement_version_2.pdf
04/28/202504/28/2025 Draft Agreement Version 3Draft Agreement Version 3 EPIMS-SCL-47857-R3_draft_agreement_version_3.pdfEPIMS-SCL-47857-R3_draft_agreement_version_3.pdf
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Permittee ResponsePermittee Response
Date *:02/14/2025
Draft Agreement Section*:Project Description
Response*:
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.
For grade control structure and soldier pile wall construction 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 three 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. 3.5 18 inch (in) 500 300 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, 6 24 in
diameter tubes sonotubes (or equivalent) will be spaced among the rocks to allow access to the soil for final installation of willow stakes.
2. Soldier pile wall
After grade control structure activities are complete, Permittee will construct the soldier pile wall on the bank adjacent to Page Mill Road. Solider
piles will be placed in drilled holes filled with concrete adjacent to the creek. Concrete lagging will be placed within the soldier piles to form a wall.
The area between the soldier pile wall and the existing secant wall at the Page Mill Road edge of pavement will be filled with aggregate base
material. Prior to rewatering the stream, Permittee will ensure that all deleterious construction materials have been removed from the
creek. Additionally, Permittee will ensure that erosion control seeding, fabric, and wattles are in place.
3 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).
Character Limit: 5,000Character Limit: 5,000
Date *:02/14/2025
Draft Agreement Section*:Project Impacts
Response*:
2.18 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 along with a map indicating the location(s) of the midden(s) to CDFW with seven (7) days of survey completion. If
any woodrat nests are discovered, a relocation plan will be provided.
Character Limit: 5,000Character Limit: 5,000
Date *:02/14/2025
Draft Agreement Section*:Project Impacts
Response*:
3.2 Conservation Easements. A conservation easement, or similar protection measure acceptable to CDFW, shall be recorded over the off-site
mitigation site of no less than 2.84 acres to protect fish and wildlife in perpetuity. The CDFW easement form shall be executed by the Permittee and
provided to the CDFW within one year of initiating the Project authorized by this Agreement. The Permittee shall obtain CDFW approval of any
conservation easement (where CDFW is grantee or Third Party) before its recordation. An endowment fund or other maintenance-funding source
acceptable to CDFW shall be created for the management of these lands in perpetuity. Not required, as there is an existing easement on this
parcel acceptable to the USACE and RWQCB.
3.3 Conservation Easement Grantee. A CDFW-approved non-profit organization qualified pursuant to California Government Code section 65965,
or CDFWapproved public agency (collectively, “approved entity”) may hold fee title or act as grantee for a conservation easement over the
mitigation area. If an approved entity holds a conservation easement, CDFW shall be named third party beneficiary. Not required, as there is an
existing easement on this parcel acceptable to the USACE and RWQCB.
3.4 Right to Deny. CDFW has the right to deny the proposed conservation site/conservation easement if, on review of the preliminary title report or
Phase
One Environmental Assessment, CDFW determines the site does not have suitable conservation value. Not required, as there is an existing
easement on this parcel acceptable to the USACE and RWQCB.
3.5 Mitigation Documentation Requirements for Review and Comment. For off-site mitigation, prior to initiation of project activities, the Permittee
shall provide CDFW with the following for the proposed mitigation sites for review and comment: Phase One Environmental Site Assessment
Report, and any required technical reports (e.g., jurisdictional delineation, hydrology studies, mineral risk assessment) for sites proposed for
preservation, creation, restoration, and/or enhancement activities. Not required. These were included in the submitted MMP.
Character Limit: 5,000Character Limit: 5,000
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Date *:02/14/2025
Draft Agreement Section*:Project Impacts
Response*:
Financial Se curity for M itigation Are as
3.6 Property Analysis Record for Establishment of Mitigation Lands. Within one (1) year of final signature of this Agreement, the Permittee shall
prepare a Property Analysis Record (PAR) or PAR-equivalent analysis (hereinafter “PAR”) negotiated with the approved land manager to calculate
the amount of funding necessary to ensure land acquisition, planning and engineering, construction, monitoring, and legal fees for the 2.84-acre
off-site mitigation site subject to this Agreement. This is not required, as the 2.84-acre off-site mitigation site is owned by the Town of Los Altos
Hills. No additional funding is required.
3.7 On-site Mitigation Letter of Credit. A Letter of Credit (LOC) or Surety Bond in a form acceptable to CDFW for the cost of restoration of no less
than 0.04 acres at the on-site mitigation site (based on the costs of implementing the CDFW approved mitigation and monitoring plan described in
the measures above) pursuant to this Agreement shall be submitted to CDFW prior to initiation of Project activities. This is not required as it is in
the base scope of the on-site improvements.
3.8 Off-site Mitigation Letter of Credit. A Letter of Credit (LOC) or Surety Bond in a form acceptable to CDFW for the cost of restoration of no less
than 2.84 acres at the off-site mitigation site (based on the PAR described in the conditions above) pursuant to this Agreement shall be submitted
to CDFW prior to initiation of Project activities. This is not required as the work is already complete.
3.9 Draft Copy of LOC. The Permittee shall provide a draft copy of all LOCs or Surety Bonds required above to CDFW at the address listed below
for review and approval prior to execution. The LOCs shall not be executed without CDFW's prior approval. This is not required as LOCs will not be
needed.
3.10 Expiration of LOC. In the event that any of the required LOCs or Surety Bonds will expire before the restoration obligations have been met,
the Permittee shall be responsible for providing CDFW a new LOC to replace the existing LOC at least sixty (60) days prior to the expiration
date.This is not required as LOCs will not be needed.
3.11 Execution of LOC. Upon execution of any of the required LOCs or Surety Bonds, the Permittee shall provide the original to the address listed
on the LOC template, and one copy of the executed document to CDFW at the address listed below in the Contact Information section. This is not
required as LOCs will not be needed.
Character Limit: 5,000Character Limit: 5,000
Date *:02/14/2025
Draft Agreement Section*:Project Impacts
Response*:
Long-Te rm M anage me nt and Endowme nt
Permittee shall provide an endowment and long-term management of mitigation lands pursuant to this Agreement as described below.
3.12 Long Term Management. Permittee shall fund the perpetual management of the off-site mitigation lands by a CDFW-approved conservancy
or similar entity that has passed the CDFW due diligence process. A draft agreement formed between the Permittee and the chosen organization
shall be submitted to CDFW within one (1) year of final signature of this Agreement.
3.13 Long Term Management Plans (LTMP). Permittee shall implement the long term management plan as described in the Matadero Creek
Mitigation and Monitoring Plan, dated January 20, 2023 (Exhibit C).
3.14 Property Analysis Record for In-perpetuity Management of Mitigation Lands. A minimum of three (3) months prior to acquisition or recordation
of a conservation easement on the mitigation lands, the Permittee shall conduct a PAR-like analysis once the mitigation areas and land managers
have been identified to determine the appropriate endowment amount to fund the in-perpetuity management of the 2.84-acre off-site mitigation
site.
3.14.1 After CDFW approves the PARs, Permittee shall provide the required endowment to a non-profit conservation entity authorized to hold such
funds.
This requirement does not apply as the Town owns the mitigation lands.
Character Limit: 5,000Character Limit: 5,000
Date *:04/24/2025
Draft Agreement Section*:Avoidance and Minimization Measures
Measure Number*:0.00
Response*:
Aquatic Spe cie s and Fish Prote ctiv e M e asure s
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). Protocol-level Pre-construction 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.
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Character Limit: 5,000Character Limit: 5,000
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Final Agreement
Standard AgreementStandard Agreement
This Standard Agreement is being issued to:This Standard Agreement is being issued to:
WooJae Kim
Final Standard Agreement*:EPIMS-SCL-47857-R3_Final_Agreement.pdf
Open and print the attached PDF file.Open and print the attached PDF file.
ExhibitsExhibits
ConcurrenceConcurrence
I am the applicant or I have the authority to sign for the applicant. By my signature, I accept and agree to comply with all the provisions contained herein.I am the applicant or I have the authority to sign for the applicant. By my signature, I accept and agree to comply with all the provisions contained herein.
Final Agreement Effective Date:05/21/2025
Permittee Electronic Signature:WooJae Kim
First and Last NameFirst and Last Name
Date Signed:05/07/2025
Department of Fish and Wildlife
CDFW Electronic Signature :Craig Weightman
CDFW Representative Title:Environmental Program Manager
Date Signed:05/21/2025
Acting for:No
Status Reports
Amendments & Extension
Acknowledgement and Signature
Site InspectionSite Inspection
Option 1Option 1
In the event CDFW determines that a site inspection is necessary, I hereby authorize a CDFW representative to enter the property where the project described in thisIn the event CDFW determines that a site inspection is necessary, I hereby authorize a CDFW representative to enter the property where the project described in this
notification will take place at any reasonable time, and hereby certify that I am authorized to grant CDFW such entry.notification will take place at any reasonable time, and hereby certify that I am authorized to grant CDFW such entry.
CDFW Personnel Authorized to Enter
Property:
Option 2Option 2
I request CDFW to first contact the person identified below to schedule a date and time to enter the property where the project described in this notification will take place. II request CDFW to first contact the person identified below to schedule a date and time to enter the property where the project described in this notification will take place. I
understand that this may delay CDFW?s determination as to whether a Lake or Streambed Alteration Agreement is required and/or CDFW?s issuance of a draftunderstand that this may delay CDFW?s determination as to whether a Lake or Streambed Alteration Agreement is required and/or CDFW?s issuance of a draft
agreement pursuant to this notification.agreement pursuant to this notification.
First Contact this Person to Schedule Site
Visit:
InitialInitial
Method of Contact* :
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Select all that applySelect all that apply
Contact Name*:
First NameFirst Name
Last NameLast Name
Title/Position:
Phone Number*:
Email* :
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Electronic SignatureElectronic Signature
I hereby certify that to the best of my knowledge the information in this notification is true and correct and that I am authorized to sign this notification as, or onI hereby certify that to the best of my knowledge the information in this notification is true and correct and that I am authorized to sign this notification as, or on
behalf of, the applicant.behalf of, the applicant.
I CertifyI Certify*:*:
InitialInitial
I understand that if any information in this notification is found to be untrue or incorrect, CDFW may suspend processing this notification or suspend or revokeI understand that if any information in this notification is found to be untrue or incorrect, CDFW may suspend processing this notification or suspend or revoke
any draft or final Lake or Streambed Alteration Agreement issued pursuant to this notification.any draft or final Lake or Streambed Alteration Agreement issued pursuant to this notification.
I UnderstandI Understand*:*:
InitialInitial
I understand also that if any information in this notification is found to be untrue or incorrect and the project described in this notification has already begun, II understand also that if any information in this notification is found to be untrue or incorrect and the project described in this notification has already begun, I
and/or the applicant may be subject to civil or criminal prosecution.and/or the applicant may be subject to civil or criminal prosecution.
I UnderstandI Understand*:*:
InitialInitial
I understand that this notification applies only to the project(s) described herein and that I and/or the applicant may be subject to civil or criminal prosecution forI understand that this notification applies only to the project(s) described herein and that I and/or the applicant may be subject to civil or criminal prosecution for
undertaking any project not described herein unless CDFW has been separately notified of that project in accordance with Fish and Game Code section 1602 orundertaking any project not described herein unless CDFW has been separately notified of that project in accordance with Fish and Game Code section 1602 or
1611.1611.
I UnderstandI Understand*:*:
InitialInitial
Electronic SignatureElectronic Signature**::
First and Last NameFirst and Last Name
DateDate**::
Correspondence
FlagFlag TypeType
DateDate
TimeTime
SentSent
DateDate
SentSent ToTo FromFrom SubjectSubject MessageMessage AttachmentAttachment AttachmentAttachment AttachmentAttachment AttachmentAttachment
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MayMay
21,21,
20252025
3:083:08
PMPM
1696002817499|16547870234641696002817499|1654787023464 15918065179421591806517942 FinalFinal
AgreementAgreement
Final documents are ready forFinal documents are ready for
printing. Complete the followingprinting. Complete the following
steps to access and print yousteps to access and print you
Final Standard AgreementFinal Standard Agreement
documents:documents:
1. Log into EPIMS at the link1. Log into EPIMS at the link
below.below.
2. From the left navigation panel,2. From the left navigation panel,
select “Permits.”select “Permits.”
3. Select the project associated3. Select the project associated
with the permit number listed inwith the permit number listed in
this email.this email.
4. From the "Permit4. From the "Permit
Components" list, click "PreviewComponents" list, click "Preview
Permit" in the top right corner.Permit" in the top right corner.
5. Select the "Print" drop-down in5. Select the "Print" drop-down in
the toolbar and select “Send tothe toolbar and select “Send to
Printer.”Printer.”
6. Click "Print" to print the6. Click "Print" to print the
Concurrence page.Concurrence page.
7. Click "Back," to return to the7. Click "Back," to return to the
"Permit Components" list."Permit Components" list.
8. Select the "Final Agreement"8. Select the "Final Agreement"
component.component.
9. Under the "Standard9. Under the "Standard
Agreement" section, click on theAgreement" section, click on the
blue hyperlink to open the Finalblue hyperlink to open the Final
Agreement and print it.Agreement and print it.
10. Click "Permit List," at the top10. Click "Permit List," at the top
to return to the "Permitto return to the "Permit
Components" list.Components" list.
11. Select the "Correspondence"11. Select the "Correspondence"
component.component.
12. Under the "Inter-System12. Under the "Inter-System
Permittee Correspondence"Permittee Correspondence"
section, click on thesection, click on the
correspondence ending withcorrespondence ending with
"Final_Agreement_Cover_Letter""Final_Agreement_Cover_Letter"
in the subject line to review thein the subject line to review the
message and open the attachedmessage and open the attached
letter.letter.
13. Read the Final Agreement13. Read the Final Agreement
Cover Letter.Cover Letter.
A printout of the ConcurrenceA printout of the Concurrence
page containing the permitteepage containing the permittee
and the California Department ofand the California Department of
Fish and Wildlife electronicFish and Wildlife electronic
signatures must be attached tosignatures must be attached to
the Final Agreement to be valid.the Final Agreement to be valid.
Once the Final Agreement andOnce the Final Agreement and
Concurrence pages are printed,Concurrence pages are printed,
you may begin the project,you may begin the project,
provided you have obtained allprovided you have obtained all
necessary local, State, andnecessary local, State, and
federal permits orfederal permits or
authorizations.authorizations.
Final_Agreement.pdfFinal_Agreement.pdf
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Correspondence (old UI)
Documents from CDFWDocuments from CDFW
Date*:02/21/2024
File Name:SCL-47857 Incomplete letter
Attachment:EPIMS-SCL-47857-R3_Incomplete.pdf
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Documents to CDFWDocuments to CDFW
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CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
BAY DELTA REGION
2825 CORDELIA ROAD, SUITE 100
FAIRFIELD, CA 94534
(707) 428-2002
STREAMBED ALTERATION AGREEMENT
NOTIFICATION NO. EPIMS-SCL-47857-R3
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
Streambed Alteration Agreement
Page 2 of 23
For grade control structure and soldier pile wall construction 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 three 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.
3.5 inch (in) 500 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, 6 in diameter tubes will be spaced among the rocks to
allow access to the soil for final installation of willow stakes.
2. Soldier pile wall
After grade control structure activities are complete, Permittee will construct the
soldier pile wall on the bank adjacent to Page Mill Road. Solider piles will be placed
in drilled holes filled with concrete adjacent to the creek. Concrete lagging will be
placed within the soldier piles to form a wall. The area between the soldier pile wall
and the existing secant wall at the Page Mill Road edge of pavement will be filled
with aggregate base material. Prior to rewatering the stream, Permittee will ensure
that all deleterious construction materials have been removed from the creek.
Additionally, Permittee will ensure that erosion control seeding, fabric, and wattles
are in place.
3. 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
Notification EPIMS-SCL-47857-R3
Streambed Alteration Agreement
Page 3 of 23
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:
• 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, placement of rip rap, and bank stabilization via a
soldier pile wall. The Project will remove 9 arroyo willow trees and one California
buckeye tree (Table 1).
Notification EPIMS-SCL-47857-R3
Streambed Alteration Agreement
Page 4 of 23
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.
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 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
Notification EPIMS-SCL-47857-R3
Streambed Alteration Agreement
Page 5 of 23
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
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
Notification EPIMS-SCL-47857-R3
Streambed Alteration Agreement
Page 6 of 23
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.
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.
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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
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.
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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.
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
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(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 that could be harmed, 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,
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 White-tailed Kite. This Agreement does not authorize take, incidental or otherwise,
of any white-tailed kite. No direct or indirect impacts shall occur to any white-tailed
kite. If white-tailed kite is found within the work area, Permittee shall immediately
stop work and contact CDFW.
2.16 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.
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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.
2.17 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.
San Francisco Dusky-Footed Woodrat (SFDFW) Protections
2.18 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.
2.19 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.
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Aquatic Species and Fish Protective Measures
2.20 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).
Protocol-level 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.
2.21 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.
2.22 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
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.
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Habitat Protective Measures
2.23 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.
2.24 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.
2.25 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.
2.26 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
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
2.27 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).
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2.28 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.
2.29 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
2.30 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
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.
2.31 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)
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fiber, or other products without welded weaves. No geotextile fabrics shall be
placed where they may be exposed to stream flows.
2.32 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
2.33 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.
2.34 Silt Fence Removal. Permittee shall remove and properly dispose of all silt fence
and associated material from the project site when construction is finished.
2.35 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.
2.36 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
containment structures and ensure that no concrete or other debris enters into the
channel outside of those structures.
2.37 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.
2.38 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
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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
2.39 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.
2.40 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.
2.41 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
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.
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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).
3.2 Conservation Easements. A conservation easement, or similar protection measure
acceptable to CDFW, shall be recorded over the off-site mitigation site of no less
than 2.84 acres to protect fish and wildlife in perpetuity. The CDFW easement form
shall be executed by the Permittee and provided to the CDFW within one year of
initiating the Project authorized by this Agreement. The Permittee shall obtain
CDFW approval of any conservation easement (where CDFW is grantee or Third
Party) before its recordation. An endowment fund or other maintenance-funding
source acceptable to CDFW shall be created for the management of these lands in
perpetuity.
3.3 Conservation Easement Grantee. A CDFW-approved non-profit organization
qualified pursuant to California Government Code section 65965, or CDFW -
approved public agency (collectively, “approved entity”) may hold fee title or act as
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grantee for a conservation easement over the mitigation area. If an approved entity
holds a conservation easement, CDFW shall be named third party beneficiary.
3.4 Right to Deny. CDFW has the right to deny the proposed conservation
site/conservation easement if, on review of the preliminary title report or Phase
One Environmental Assessment, CDFW determines the site does not have
suitable conservation value.
3.5 Mitigation Documentation Requirements for Review and Comment. For off-site
mitigation, prior to initiation of project activities, the Permittee shall provide CDFW
with the following for the proposed mitigation sites for review and comment: Phase
One Environmental Site Assessment Report, and any required technical reports
(e.g., jurisdictional delineation, hydrology studies, mineral risk assessment) for
sites proposed for preservation, creation, restoration, and/or enhancement
activities.
Financial Security for Mitigation Areas
3.6 Property Analysis Record for Establishment of Mitigation Lands. Within one (1)
year of final signature of this Agreement, the Permittee shall prepare a Property
Analysis Record (PAR) or PAR-equivalent analysis (hereinafter “PAR”) negotiated
with the approved land manager to calculate the amount of funding necessary to
ensure land acquisition, planning and engineering, construction, monitoring, and
legal fees for the 2.84-acre off-site mitigation site subject to this Agreement.
3.7 On-site Mitigation Letter of Credit. A Letter of Credit (LOC) or Surety Bond in a
form acceptable to CDFW for the cost of restoration of no less than 0.04 acres at
the on-site mitigation site (based on the costs of implementing the CDFW-
approved mitigation and monitoring plan described in the measures above)
pursuant to this Agreement shall be submitted to CDFW prior to initiation of Project
activities.
3.8 Off-site Mitigation Letter of Credit. A Letter of Credit (LOC) or Surety Bond in a
form acceptable to CDFW for the cost of restoration of no less than 2.84 acres at
the off-site mitigation site (based on the PAR described in the conditions above)
pursuant to this Agreement shall be submitted to CDFW prior to initiation of Project
activities.
3.9 Draft Copy of LOC. The Permittee shall provide a draft copy of all LOCs or Surety
Bonds required above to CDFW at the address listed below for review and
approval prior to execution. The LOCs shall not be executed without CDFW's prior
approval.
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3.10 Expiration of LOC. In the event that any of the required LOCs or Surety Bonds will
expire before the restoration obligations have been met, the Permittee shall be
responsible for providing CDFW a new LOC to replace the existing LOC at least
sixty (60) days prior to the expiration date.
3.11 Execution of LOC. Upon execution of any of the required LOCs or Surety Bonds,
the Permittee shall provide the original to the address listed on the LOC template,
and one copy of the executed document to CDFW at the address listed below in
the Contact Information section.
Long-Term Management and Endowment
Permittee shall provide an endowment and long-term management of mitigation lands
pursuant to this Agreement as described below.
3.12 Long Term Management. Permittee shall fund the perpetual management of the
off-site mitigation lands by a CDFW-approved conservancy or similar entity that
has passed the CDFW due diligence process. A draft agreement formed between
the Permittee and the chosen organization sha ll be submitted to CDFW within one
(1) year of final signature of this Agreement.
3.13 Long Term Management Plans (LTMP). Permittee shall implement the long term
management plan as described in the Matadero Creek Mitigation and Monitoring
Plan, dated January 20, 2023 (Exhibit C).
3.14 Property Analysis Record for In-perpetuity Management of Mitigation Lands. A
minimum of three (3) months prior to acquisition or recordation of a conservation
easement on the mitigation lands, the Permittee shall conduct a PAR-like analysis
once the mitigation areas and land managers have been identified to determine the
appropriate endowment amount to fund the in-perpetuity management of the 2.84-
acre off-site mitigation site.
3.14.1 After CDFW approves the PARs, Permittee shall provide the required
endowment to a non-profit conservation entity authorized to hold such funds.
4. Reporting Measures
Permittee shall meet each reporting requirement described below.
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.
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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
days of the sightings. Copies of such submittals shall also be submitted to the
CDFW regional office as specified below.
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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
an opportunity to correct any deficiency before CDFW suspends or revokes the
Agreement, and include instructions to Permittee, if necessary, including but not limited
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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
amendment, Permittee shall log into EPIMS and submit to CDFW a completed CDFW
“Amendment & Extension” form. Permittee shall include with the completed form,
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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, 2028, 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
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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.
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 1
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.
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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:
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• 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.
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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 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
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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 restrictin g 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.
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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
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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.
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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,
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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.
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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).
Protocol-level 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
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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
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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
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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
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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
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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.
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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
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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
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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
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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 .
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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.
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.
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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:
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• 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.
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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
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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.
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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
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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.
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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,
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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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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 .
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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.
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.
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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:
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• 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.
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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
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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.
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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
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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.
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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,
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
State of California – Natural Resources Agency GAVIN NEWSOM, Governor
DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director
Bay Delta Region
2825 Cordelia Road, Suite 100
Fairfield, CA 94534
(707)428-2002
www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
February 21, 2024
WooJae Kim
26379 Fremont Rd.
Los Altos Hills, CA 94022
wkim@losaltoshills.ca.gov
Dear WooJae Kim:
Incomplete Notification of Lake or Streambed Alteration, EPIMS Notification No.
SCL-47857 - Matadero Creek Restoration and Bank Stabilization Project
On January 31, 2024, the California Department of Fish and Wildlife (CDFW) received
your Notification of Lake or Streambed Alteration (Notification) through the
Environmental Permitting Information Management System (EPIMS). On February 21,
2024, CDFW determined that your Notification is incomplete because the information on
one or more of the forms below is either missing or insufficient. To complete your
Notification, please review the EPIMS Permitting Portal Instructions (PDF) available on
the EPIMS internet page and complete the necessary forms and resubmit your
application.
Form 1: General Information
Form 2: Contact Information
Form 3: Project Location & Category
Form 4: Project Description, Term, and Impacts
Form 5: Environmental Review
Form 6: Measures to Protect Fish, Wildlife, and Plant Resources
Form 7: Prior Notification, Orders, and Permits
Form 8: Documents and Maps
Form 9: Fee Schedule
Form 10: Acknowledgement and Signature
Form 4: Project Description and Details
To satisfy Form 4, please provide a detailed Project description that specifies the step -
by-step process for Project implementation. Specifically, information pertaining to
Project activities must be thoroughly explained, detailing the activities to be com pleted,
tools/machinery to be used, and construction schedule and timeframe. For example, if
grading and placement of riprap is proposed, the type and size of riprap to be installed
should be described.
DocuSign Envelope ID: C11871C2-1CC1-4A2D-ACB0-E97DE0ADB6A7
WooJae Kim
February 21, 2024
Page 2 of 3
Please provide a detailed list of equipment and machinery proposed to complete each
project activity and describe how they will be used during the project.
Please provide a dewatering plan if work is proposed within the wetted stream or may
cause disturbance to the stream, including, but not limited to the following:
turbidity,
erosion,
entry of debris,
or bank destabilization.
Form 4: Agreement Term
To satisfy Form 4, please provide a seasonal work period that matches the agreement
term. For example, if the proposed agreement term is from 202 4 to 2026, the seasonal
work periods should cover each year.
Form 4: Project Impacts
To satisfy Form 4, please provide details on the proposed temporary and/or permanent
impacts (in acres and linear feet) to the bed, channel, and bank of the watercourse and
the associated riparian habitat for each proposed Project activity that reflect current site
conditions. A stream delineation of the Project site that was completed approximately 10
years ago was provided with the notification submittal. California’s landscape i s highly
dynamic, and it is likely that Project site conditions have changed in a period of 10
years. Therefore, please provide an updated delineation of the Project site that reflects
current conditions and proposed impacts to the stream. Additionally, specify the
duration of each impact and quantify impacts in the Project vicinity by noting the type,
volume, and dimensions of material or vegetation displaced through grading, trenching,
or other forms of site alteration.
Form 8: Documents and Maps
To satisfy Form 8, please provide an updated delineation of streams and fish and
wildlife resources prepared by a qualified professional in tabular and detailed map
format.
Additionally, please provide a recent biological study or survey that adequately
describes the species and habitat present or not present at the stream on the property.
CDFW generally considers biological field assessments for wildlife to be valid for a one-
year period. Assessments for rare plants may be considered valid for a period of up to
three years, except when significant environmental changes occur, such as disturbance
resulting from urbanization or wildfire. Some aspects of the proposed Project may
warrant periodic updated surveys for certain sensitive taxa, particularly if build out could
occur over a protracted time frame, or in phases.
DocuSign Envelope ID: C11871C2-1CC1-4A2D-ACB0-E97DE0ADB6A7
WooJae Kim
February 21, 2024
Page 3 of 3
Lastly, please provide a hydrological study prepared by a qualified professional to show
that the proposed Project design will not impede the passage of fish or other aquatic
species. Additionally, the study should demonstrate that the placement of riprap will not
cause sedimentation or erosion upstream and downstream of the Project site.
Please note that you may not proceed with your Project until your Notification is
deemed complete, and you have obtained a Lake or Streambed Alteration
Agreement, if required.
If you have questions regarding this letter, please contact Emily Galli, Environmental
Scientist, at (707) 210-4531 or by e-mail at Emily.Galli@wildlife.ca.gov.
Sincerely,
Brenda Blinn
Senior Environmental Scientist (Supervisor)
Ec: CDFW
Emily Galli, Environmental Scientist
Bay Delta Region
Emily.Galli@wildlife.ca.gov
DocuSign Envelope ID: C11871C2-1CC1-4A2D-ACB0-E97DE0ADB6A7