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Home My WebLink AboutContracts & Agreements_63-96_CCv0001.pdf CALIFORNIA DEPARTMENT OF FISH AND GAME 330 Golden Shore, Suite SO Long Beach, California 90802 Notification No. 5-149-96 Page_j_of 4 AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, and the City of Redlands, State of California, hereinafter called the Operator, is as follows : WHEREAS, pursuant to Section 1601 of California Fish and Game Code, the Operator, on the 23rd day of April , 1996, notified the Department that they intend to divert or obstruct the natural flow of, or change the bed, channel, or bank of, or use material from the streambed(s) of, the following water (s) : Santa Ana River, San Bernardino County, California , Section 17 Township IS Range 3W. WHEREAS, the Department (represented by Rebecca Jones) has determined that such operations may substantially adversely affect existing fish and wildlife resources including: all aquatic resources and wildlife in the area. THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the operator' s work. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. If the Operator' s work changes from that stated in the notification specified above, this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game . Failure to comply with the provisions of this Agreement and with other pertinent code sections, including but not limited to Fish and Game Code Sections 5650 , 5652, 5937, and 5948, may result in prosecution. Nothing in this agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances . A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department' s concurrence with permits required from other agencies . This A2reament becomes g�ffegtivg the date of D2partment' s signature and terminates Qne year from tmentls signature for -oroj2ct cQnstruction !2nly, This Agreement shall remain in effect fQr that time nf.cessary to satisfy the termsZconditians of thia Agreement . Paget of 4 STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-149-96 1. The following provisions constitute the limit of activities agreed to and resolved by this Agreement . The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site . However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq. 2 . The Operator proposes to alter the streambed to install an underground storm drain pipe along California Street to collect surface drainage from borrow area and transport the flows to the Santa Ana River. Installation of pipe outlet structure will include a 121 X 201 rock and concrete energy dissipator. Earthen bank adjacent to outlet structure will be rip-rapped to prevent erosion. 3 . The agreed work includes activities associated with No. 2 above. The project area is located south bank of the Santa Ana River approximately 5, 000 feet westerly of Alabama Street in the City of Redlands in San Bernardino County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the operator and shall be implemented as proposed unless directed differently by this agreement . 4 . The Operator shall request an extension of this agreement prior to its termination. Extensions may be granted for up to 12 months from the date of termination of the agreement and are subject to Departmental approval . The extension request and fees shall be submitted to the Department' s Region 5 Office at the above address . If the Operator fails to request the extension prior to the agreement' s termination then the Operator shall submit a new notification with fees and required information to the Department . Any activities conducted under an expired agreement is a violation of Fish and Game Code Section 1600 et . seq. The Operator may request up to a maximum of 2 ..extensions of this agreement . 5 . Disturbance or removal of vegetation shall not exceed the limits approved by the Department . The disturbed portions of any stream channel or lake margin within the high water mark of the stream or lake shall be restored to their original condition. 6 . Installation of bridges, culverts, or other structures shall be such that water flow is not impaired. Bottoms of temporary and permanent culverts shall be placed at or below stream channel grade . Page 3 of 4 #S-149-96 7 . Equipment shall not be operated in wetted areas (including but not limited to ponded, flowing, or wetland areas) . 8 . The Perimeter of the work site shall be adequately flagged to prevent damage to adjacent habitat . 9 . All concrete placed with in the streambed shall be allowed to dry a minimum of 24 hours prior to inundation with water. 10 . This agreement does not authorize the "take" of any listed species . A biological monitor shall be present onsite during land disturbance activities to insure there is no encroachment outside the designated construction area or to Santa Ana River woollystar or slender-horned spineflower habitat . 11 . Any equipment or vehicles driven and/or operated within or adjacent to the stream/lake shall be checked and maintained daily, to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. 12 . Storm drains lines/culverts shall be adequately sized to carry peak storm flows for the drainage to one outfall structure. The storm drain lines/culverts and the outfall structure shall be properly aligned within the stream and otherwise engineered, installed and maintained, to assure resistance to washout, and to erosion of the stream bed, stream banks and/or fill . Water velocity shall be dissipated at the outfall, to reduce erosion. 13 . Structures and associated materials not designed to withstand high water flows shall be moved to areas above high water before such flows occur. 14 . No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, asphalt, oil or petroleum products or other organic or earthen material from any logging, construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State . When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake . 15 . The Operator shall comply with all litter and pollution laws . All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operat-or to ensure compliance. 15 . No equipment maintenance shall be done within or near any stream channel of lake margin where petroleum products or other pollutants from the equipment may enter these areas under any flow. Page 4 of 4 5-149-96 16 . The Operator shall provide a copy of this Agreement to all contracts, subcontractors, and the Operator' s project supervisors. Copies of the Agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand. 17 . The Department reserves the right to enter the project site at any time to ensure compliance with terms/conditions of this Agreement . 18 . The Department reserves the right to cancel this Agreement, after giving notice to the Operator, if the Department determines that the Operator has breached any of the terms or conditions of ,h(:: Aqreement . 19 . The Department reserves the right to suspend or cancel this Agreement for other reasons, including but are not limited to, the following: a. The Department determines the information provided by the Operator in support of the Agreement/Notification is incomplete or inaccurate; b. The Department obtains new information that was not know to it in preparing the terms and conditions of the Agreement; C . The conditions of or affecting fish and wildlife resources change; or d. The Department determines project activities will result in a substantial adverse effect on the environment . CONCURRENCE (Operator' s Name) California Dept . of Fish CITY OF REDLANDS and Game July 2, 1996 cb0akL4,4L 7(i Swen Larson, Mayor (signature! (date) (signature) (date) ATTEST: Rebecca Jones EnvironmentalSpecialistIII t Lo r yzer, City Clerk (title)