g. department of fish and wildlife...notification #1600-20 13-0176-r3 streambed alteration agreement...

State of California- The Natural Resources Agency DEPARTMENT OF FISH AND WILDLIFE Bay Delta Region 7329 Silverado Trail Napa, CA 94558 (707) 944-5500 www.wildlife.ca.gov

October 21, 2014

Mark Dettle, Director City of Santa Cruz Department of Public Works 809 Center Street Santa Cruz, CA 95061

Subject: Final Lake or Streambed Alteration Agreement Notification No. 1600-2013-0176-R3

EDMUND G. BROWN JR., Governor CHARLTON H. BONHAM, Director

City of Santa Cruz Routine Maintenance Activities Project

Dear Mr. Dettle:

Enclosed is the final Streambed Alteration Agreement ("Agreement") for the City of Santa Cruz Routine Maintenance Activities Project ("Project"). Before the Department may issue an Agreement, it must comply with the California Environmental Quality Act ("CEQA"). In this case, the Department, acting as a responsible agency, filed a notice of determination ("NOD") on October 21, 2014 based on information contained in the Environmental Impact Report the lead agency prepared for the Project.

Under CEQA, filing a NOD starts a 30-day period within which a party may challenge the filing agency's approval of the project. You may begin your project before the 30-day period expires if you have obtained all necessary local, state, and federal permits or other authorizations. However, if you elect to do so, it will be at your own risk.

If you have any questions regarding this matter, please contact Melissa Farinha, Environmental Scientist, at (707) 944-5579 or [email protected].

Sincerely,

Craig J. Weightman Environmental Program Manager Bay Delta Region

cc: Lieutenant Schindler Warden Keylock

Conserving Ca[ifornia's Wi{cf{ije Since 1870

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE BAY DELTA REGION 7329 SiLVERADO TRAIL NAPA, CALIFORNIA 94558 (707) 944-5500 WWW.WILDLIFE.CA.GOV

STREAMBED ALTERATION AGREEMENT NOTIFICATION No. 1600-2013-0176-R3 CiTY OF SANTA CRUZ ROUTINE MAINTENANCE ACTIVITIES VARIOUS DRAINAGES IN CiTY OF SANTA CRUZ SANTA CRUZ COUNTY, CA

MARK DETTLE CiTY OF SANTA CRUZ DEPARTMENT OF PUBLIC WORKS 809 CENTER STREET SANTA CRUZ, CA 95061 [email protected]

This Revised Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and City of Santa Cruz Department of Public Works (Permittee) as represented by Mark Dettle.

RECITALS

WHEREAS, pursuant to Fish and Game Code (FGC) section 1602, Permittee notified CDFW on May 1 0, 2013 that Permittee intends to complete the project described herein.

WHEREAS, pursuant to FGC 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 sites are located on multiple stream channels, drainages and waterways within the city limits of the City of Santa Cruz as described in Exhibits A and B and mapped in Exhibit C. The stream channels, drainages and waterways as described are: Moore Creek, Natural Bridges, Arroyo Seco/Meder Canyon, Deleware/Bethany Creek,

Ver. 02/16/2010

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Bay Creek, Jordan Gulch, Lighthouse Channel, Laurel Creek, Dodero Creek, Ojas de Agua Channel, Wagner Grove Channel, Arroyo San Pedro Channel, Pogonip Creek, San Lorenzo River downstream of the Tait Street Diversion, Branciforte Creek, Pasatiempo Creek, Chrystal Gulch, Redwood Creek, Carbonara Creek, Jessie Street Marsh, Ocean Villa Creek, Pikington Creek, Arana Gulch, Dog Leg Creek, and Hageman Gulch.

The City of Santa Cruz currently has an active Routine Maintenance Agreement (1600-201 0-0271) for work on the San Lorenzo River from north of Highway 1 to the City of Santa Cruz city limits. To prevent overlap in activities authorized under two Routine Maintenance Agreements, this Agreement (1600-2013-0176-3) does not include any routine maintenance activities located in the San Lorenzo River and its tributaries upstream of Highway 1.

PROJECT DESCRIPTION

A Under this Agreement, Permittee will conduct "routine maintenance activities", as described below, at 25 project sites on various drainages and waterways within the city limits of the City of Santa Cruz as described in Exhibits A, B, and E and mapped in Exhibit C. Coverage under this Agreement is extended to those activities that meet the following criteria:

1. Do not adversely impact a State of California (State) Species of Special Concern or State or federally listed rare, threatened, endangered or candidate species or its habitat.

2. Are subject to the Agreement process contained in FGC sections 1600 et seq. For the terms of this Agreement, this includes any activities that occur in any stream or drainage, whether natural or man-made, which carries flow and supports aquatic life or which is a lake or pond that has an outlet or inlet of any size or nature. Vegetation, including, but not limited to, riparian and wetland, that originates within any of the areas defined here is also considered subject to FGC sections 1600 et seq.

3. An activity that can reasonably be considered "routine maintenance". 'Maintenance' refers to generally limited tasks that occur repeatedly over time and are necessary to maintain and preserve facilities and amenities in good condition. Maintenance activities include, but are not necessarily limited to the following: repairs, replacement, and cleaning of existing facilities and infrastructure (such as roads, trails and culverts); installation of minor new structures or infrastructure undertaken to improve an existing road, trail or facility; activities such as minor grading, sediment removal or vegetation control to correct conditions that threaten or degrade natural environments (such as non-native plant species control, removal of trash from channels or drainage and

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erosion repairs, and habitat enhancement). These activities are specifically defined in this Agreement under section B below.

B. Routine maintenance activities authorized under this Agreement are limited to the following categories and are further described in Agreement Measures:

1. Removal of Obstructions around Structures and Facilities: This activity entails routine removal of debris embedded in beds or banks of waterways such as fallen trees, branches, debris, rubbish, garbage, silt, gravel, sediment and vegetation from areas immediately adjacent to man-made structures and facilities in stream channels. For purposes of this Agreement, man-made structures and facilities include only the following: storm drain outfalls, tide gates, slide gates, culverts, revetments, bank protection, energy dissipaters, grade structures, constructed sediment basins, weirs, diversion structures, trash racks, stream gauge structures, fish ladders, fish screens, utility line crossings, bridge piers and cement flood control channels.

2. Removal of Sediment, Vegetation and Logs in Channel Beds: This activity entails removal, displacement or dredging of sand, silt gravel, sediment, debris, removal of logs, and removal of tule and associated vegetation from channel beds to maintain channel capacity.

3. Vegetation Control on Banks: This activity entails removal of grasses and brush from banks to maintain channel capacity and as required for fire control.

4. Planting of Riparian Vegetation: This activity entails planting of native riparian vegetation by hand or with rubber-tired backhoe along banks of streams and lakes and their tributaries.

5. Removal of Invasive Vegetation: This activity entails mechanical removal of non-native invasive vegetation. Mechanical removal methods authorized under this Agreement include: spot treatment of herbicide on non-native tree stumps for the purposes of eradication and establishment of native riparian tree communities, mowing, cutting with hand tools and mechanized equipment such as a tractor with mower attachment in topographically level areas.

6. Repair of "Hard" Bank Stabilization Structures: This activity entails the repair or replacement of damaged or failed sections of rock rip rap, gabion, geo cell, sacked concrete, concrete wall and/or crib wall bank revetments to maintain bank stabilization where no dewatering of streams is necessary.

7. Installation of Bio-engineered Bank Stabilization: This activity entails installation of new bank stabilization and erosion control using porous materials including: hydro and broadcast seeding, vegetative and riparian planting, and use of geotextile fabric,


root wads with ballast, log crib walls, and other bio-engineered techniques approved by CDFW in writing.

8. Installation and Removal of Baffle Plates and Supporting Hardware: This activity entails the seasonal installation and removal of baffle plates in the Branciforte Creek Flood Control Channel (Exhibit E). One-quarter inch thick baffle plates and supporting hardware will be placed at 50-foot intervals where the channel slope is 0.0037 and at 1 00-foot intervals where the channel slope is 0.0019. Installation, removal and modification of baffles and hardware shall be done in coordination with CDFW.

PROJECT IMPACTS

Existing fish or wildlife resources the routine maintenance activities could potentially substantially adversely affect include but are not limited to: Central California Coast coho salmon, listed as endangered under both the Federal Endangered Species Act (ESA) and the California Endangered Species Act (CESA); California red-legged frog (CRLF) and California Central Coast Distinct Population Segment of steel head trout, both listed as threatened under ESA and designated as State Species of Special Concern (SSG); San Francisco dusky-footed woodrat (SFDW), a designated SSG; western pond turtle (WPT), a designated SSG; breeding birds; roosting bats; water quality and riparian vegetation.

The adverse effects the project could have on the fish or wildlife resources identified above, without implementation of the Measures to Protect Fish and Wildlife Resources specified below, include: substantial increase in sediment transport during project activities; substantial increase in turbidity during project activities; disruption to nesting and migratory birds; loss of riparian and wetland habitat; and disturbance to wildlife associated with construction noise.

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.

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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, inspectors, 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.

1.5 Additional Measures. As a result of any field inspection, CDFW may require that additional measures be applied to specific activities to protect sensitive biological resources. Such measures may be amended into this Agreement by CDFW or if an exception to authorized activities is identified, Permittee may be asked to submit separate written notification to CDFW pursuant to Measure 1. 7 below.

1.6 Authorized Routine Maintenance Activities. Only those activities specifically described in the Project Description shall be conducted under this Agreement.

1. 7 Exceptions to Authorized Activities. Permittee shall submit separate written Notification for Lake or Streambed Alteration pursuant to Section 1602 of the FGC, together with the required fee prescribed in the CDFW Notification Fee Schedule, and otherwise follow the normal notification process prior to the commencement of work activities in all cases where one or more of the following conditions apply: i) the proposed work does not meet the criteria established for routine maintenance activities in the Project Description of this Agreement; ii) the nature of the proposed work is substantially modified from the work described in the Project Description of this Agreement; iii) CDFW advises Permittee that conditions affecting fish and wildlife resources have substantially changed at a specified work site or that such resources would be adversely affected by the proposed maintenance activity; and iv) the proposed work has not been described and its potential impacts analyzed in an approved CEQA document, and would adversely impact a State Species of Special Concern or State or federally listed rare, threatened, endangered or candidate species or its habitat.

1.8 Unauthorized Take. Several project sites covered under this Agreement have been identified as areas that are potentially occupied by State and/or

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federally listed species. This Agreement does not authorize take, including handling, of any State or federally-listed threatened or endangered species. 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). Liability for any take or incidental take of such listed species remains the responsibility of Permittee for the duration of the Project. Projects requiring take authorization would require a separate Lake or Streambed Alteration Agreement. Any unauthorized take of such listed species may result in prosecution and nullification of this Agreement.

1.9 Qualifications for Qualified Biologist. Biological Monitor and Construction Monitors. A qualified biologist under this Agreement 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 areas, and who is approved by CDFW through this Agreement and permitted by the appropriate federal agency (United States Fish and Wildlife Service (USFWS) or National Marine Fisheries Service (NMFS) where applicable, to handle and relocate State Species of Special Concern or federally-listed threatened or endangered species. A biological monitor under this Agreement is an individual experienced with construction level biological monitoring, able to recognize species in the project area and familiar with the habits and behavior of those species and approved by CDFW. Biological monitors shall have academic and professional experience in biological sciences and related resource management activities as it pertains to this project. A construction monitor under this Agreement is an individual trained by a qualified biologist to identify special-status species which may be in the area, their general behavior, how they may be encountered in the work area, and procedures to follow when they are encountered and approved by CDFW.

1.10 Notification of Project Commencement/Completion. Permittee shall notify CDFW Bay Delta Region with written notification, or by electronic notification addressed to [email protected] within seven (7) days prior to initiation of covered projects that fall under the repair of hard bank stabilization structures, culvert maintenance or removal of sediment, vegetation and logs in channel beds projects (Items B. 2, 6 and 7, respectively, in the Project Description).

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 Seasonal Work Periods. Work within streams and waterways, and associated riparian and wetland habitats, that provide habitat for salmon ids and other special-status species shall be limited from June 15 to October 31 with the exception of installation and removal of baffle plates and supporting hardware. Dredging activities in the San Lorenzo River and its tributaries shall only be performed after June 15 and before October 15 and when the San Lorenzo Lagoon is open to the Pacific Ocean to allow for fish to move from turbid waters due to project activities. Work within and around creeks that do not provide habitat for salmon ids and other special-status species, and which do not discharge directly into such drainages, shall be limited to April 15 to October 31 . Re-vegetation activities performed using hand tools only are not confined to a seasonal work period.

2.2 Work in Dry Weather Only. Work within waterways and riparian corridors shall be restricted to periods of dry weather. Precipitation forecasts and potential increases of stream flow shall be considered when planning construction activities. Construction activities shall cease, all equipment and non-erosion control materials shall be removed from the bed bank and channels and all associated erosion control measures shall be in place at least 12 hours prior to the onset of precipitation. No work shall occur during a precipitation event. Construction activities halted due to precipitation may resume when precipitation ceases, the National Weather Service 72 hour weather forecast indicates a 30% or less chance of precipitation, and after a dry-out period of 48 hours for rain events. The National Weather Service forecast can be found at: http://www.weather.gov.

2.3 Storm Event Inspection. After any storm event, Permittee shall inspect all site(s) scheduled to begin or continue construction within the next 72 hours. Corrective action for erosion and sedimentation shall be taken as needed.

2.4 No New Project Phase without Erosion Control. No phase of a project may be started if that phase and its associated erosion control measures cannot be completed prior to the onset of a storm event if that construction phase may cause the introduction of sediments into the stream. Erosion control measures shall be inspected frequently to minimize failure and conduct any necessary repairs. All non-structural related and non-biodegradable erosion control measures shall be removed from the project areas upon completion of construction activities.

2.5 No Monofilament in Erosion Control Devices. Permittee shall not use erosion control materials containing plastic monofilament netting (erosion control matting) or similar material containing netting within the Project area due to documented evidence of amphibians and reptiles becoming entangled or trapped in such material. Acceptable substitutes include coconut coir matting or tackified hydroseeding compounds.


2.6 Stabilize Exposed Areas. Permittee shall stabilize all exposed/disturbed areas within project work sites to the greatest extent possible to reduce erosion potential, both during and following construction. Erosion control measures, such as, silt fences, straw hay bales, gravel or rock-lined ditches, water check bars, and broadcasted straw shall be used where ever silt-laden water has the potential to leave the work site and enter State waters. Erosion control measures shall be monitored during and after each storm event. Modifications, repairs and improvements to erosion control measures shall be made whenever they are needed.

2.7 Staging and Storage Areas. Construction equipment, building materials, fuels, lubricants and solvents shall not be stockpiled or stored where they could be washed into State waters or where they will cover aquatic or riparian vegetation.

2.8 Equipment over Drip Pans. Stationary equipment such as motors, pumps, generators, compressors and welders, located within or adjacent to stream and riparian areas shall be positioned over drip-pans.

2.9 Check Equipment for Leaks. Any equipment or vehicles driven and/or operated adjacent to the stream and riparian corridor shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life, wildlife or riparian habitat. Vehicles shall be moved 150 feet away from the stream prior to refueling and lubrication.

2.10 Hazardous Materials. Any hazardous or toxic materials that could be deleterious to aquatic life that could be washed into State waters or their tributaries shall be contained in water tight containers or removed from the Project site.

2.11 Imported Materials. Permittee shall not import, take from or move any rock, gravel, and/or other materials within the streambed or banks except as otherwise addressed in this Agreement.

2.12 Use of Cement Materials. Water that has come in contact with uncured concrete or grout shall not be allowed to enter the stream channel until the pH of the water is between 6.5 and 8.0 pH units. No concrete shall be placed or poured in a location that may contact state waters within 30 days of pouring unless the concrete is isolated from the creek water through appropriate wrapping or use of a water barrier. Wrapping or water barriers shall be installed in consultation with CDFW. Wash-down water from concrete delivery trucks, concrete pumping equipment, and other tools and equipment used in concrete work shall not be allowed to enter the stream channel and shall be removed from the site for treatment following


construction. No dry concrete shall be placed on the banks or in a location where it could be carried into the channel by wind or runoff.

2.13 Debris and Waste Disposal. Permittee shall not dump any litter or construction debris within a project area. All such debris and waste shall be picked up daily and properly disposed of at an appropriate site. Upon completion of operations and/or onset of wet weather, all construction material and/or debris shall be removed from the Project work site to an area not subject to inundation. All removed vegetation and debris shall be disposed of according to State and local laws and ordinances.

2.14 Placement of Spoils. Permittee shall not place spoils where it could enter a stream or other sensitive habitat, such as wetlands, or place over vegetation except as specifically noticed to and accepted by CDFW, in writing. Spoils shall be hauled offsite or stockpiled in an upland location where it shall be covered with plastic sheeting or visquine whenever it is evident that rainy conditions threaten to erode loose soils into sensitive habitats.

2.15 Disinfect Equipment Prior to Entry Into Watercourses. To prevent spread of invasive aquatics and diseases, equipment to be used in watercourses including, but not limited to, boots, waders, hand tools and nets must be decontaminated with a minimum 5 percent chlorine solution for 2 minutes prior to entry into a watercourse. In addition if a piece of equipment has been exposed or is suspected to have been exposed to areas harboring New Zealand mud snails then that equipment must either be dried out for two weeks, frozen for 48 hours, or placed in 55 degrees Celsius water for 5 minutes.

2.16 Work Conducted in Wetted Channel. No equipment shall be operated in wetted areas of a stream (including flowing or ponded water) at any time, except as may be necessary to construct coffer dams (as detailed in Measures 2.19 through 2.24) to divert stream flow and isolate the work site in the concrete-lined portion of Branciforte Creek or non-fish-bearing streams. Any work within a stream channel shall be performed in isolation from the flowing stream where feasible and erosion protection measures shall be in place before work begins. When work must be performed in a flowing stream then either a coffer dam shall be constructed to isolate the work area or silt curtains shall be deployed around the work area. Permittee shall monitor turbidity levels up and downstream of the project site before and during project activities. Routine maintenance activities shall not result in increases in turbidity of the stream, as measured by Nephelometric turbidity units (NTU), of more than 20 percent of upstream sampling locations.


2.17 Silt Curtains. Permittee shall deploy silt curtains or other appropriate silt filtering devices, such as straw bales, around an in-stream excavation site to prevent heavily silted water from impacting areas around the site. Deployment of silt curtains shall be directed by the qualified biologist. The silt curtain or silt filtering devices shall be maintained throughout all phases of the excavation and construction activities.

2.18 Cease Project for Elevation of Turbidity Levels. Upon CDFW or Permittee determination that turbidity/siltation levels resulting from project related activities constitute a threat to aquatic life, activities associated with the turbidity/siltation shall be halted until effective CDFW approved control devices are installed or abatement procedures are initiated. The CDFW may take enforcement action if appropriate turbidity and siltation control measures are not deployed.

2.19 Coffer Dams. If any work will be conducted in a flowing stream during bank stabilization projects, Permittee shall construct coffer dams upstream and downstream of the construction site and divert all flow from upstream of the upstream dam to downstream of the downstream dam. This Agreement authorizes construction of coffer dams only within the concrete-lined portion of Branciforte Creek.

2.20 Coffer Dam Material. Permittee shall construct coffer dams with clean river run gravel or sand bags, and may be sealed with sheet plastic. Upon completion of a project, sand bags and any sheet plastic shall be removed from the stream. Clean river run gravel may be left in the stream channel, provided it does not impede stream flow or fish passage, and conforms to natural channel morphology without significant disturbance to natural substrate. Permittee shall coordinate coffer dam construction and dewatering with a CDFW-approved qualified fisheries biologist to perform fish and amphibian relocation activities.

2.21 Coffer Dam Checks for Stranded Aquatic Life. A biological monitor or qualified biologist shall check daily for stranded aquatic life as the water level in the dewatering area drops. A biological monitor shall check the dewatered areas every day for stranded aquatic life after dewatering occurs. All reasonable efforts shall be made to capture and move all stranded native aquatic life observed in the dewatered areas. Capture methods may include fish landing nets, dip nets, buckets and by hand. Captured native aquatic life shall be released immediately in the closest body of water adjacent to the work site. This measure does not allow for the take or disturbance of any state or federally listed species.


2.22 Coffer Dam Bypass Flows. When bypassing stream flow around work area, stream flow below the construction site shall be maintained similar to the unimpeded flow at all times.

2.23 Coffer Dams and Work Area Seepaae. The work area shall be periodically pumped dry of seepage. Permittee shall place pumps in flat areas, away from the stream channel. Pumps shall be secured by tying off to a tree or staked in place to prevent movement by vibration. Pump intakes shall be covered with 0.125-inch mesh to prevent entrainment of fish or amphibians that failed to be removed. Pump intakes shall be periodically checked for impingement of fish or amphibians that shall be relocated according to the approved measured outlined for each species below.

2.24 Coffer Dams and Flow Diversion around Work Areas. If necessary, flow shall be diverted around the work site, either by pump or by gravity flow, and the suction end of the intake pipe shall be fitted with fish screens meeting CDFW and National Oceanic and Atmospheric Administration (NOAA) criteria to prevent entrainment or impingement of small fish. Any turbid water pumped from the work site itself to maintain it in a dewatered state shall be disposed of in an upland location where it will not drain directly into any stream channel.

2.25 Limitations on Vegetation Removal. The disturbance or removal of vegetation shall not exceed the minimum necessary to prevent potential flooding. No removal of vegetation within 10 feet of an active channel shall occur in waterways supporting salmon ids with the exception of stream reaches surrounded by levees. Precautions shall be taken to avoid other damage to vegetation by people or equipment. Branches and/or limbs overhanging the channel and impacting water flows shall be properly pruned. Only those branches in the lower third of any woody plant and less than six (6) inches in diameter may be trimmed to accommodate construction activities. Woody and herbaceous plants, fallen trees, or trunks or limbs lodged in the bed or bank causing an imminent risk of flood damage to existing structures shall be either modified to reduce and/or eliminate flood risk or cut off at the bed or bank invert with small tools and removed with winch and cable or other equipment operated from top of bank. Root structures are not to be disturbed. Large woody debris that does not present an immediate threat to existing structures shall be left in place. Before fallen trees over 10 inches in diameter may be removed, the Permittee shall consult with CDFW to plan appropriate treatments. Invasive plant material removed during work activities shall be bagged and appropriately incinerated or disposed of in a landfill or permitted composting facility. Any trees which must be cut are to be cut at ground level and the root mass left in place to maintain bank stability. No native species of tree over four (4) inches diameter at breast height (DBH) shall be removed


without written approval from CDFW excepting willow and non-native species. No willow species or non-native species of tree over ten (1 0) inches diameter at breast height (DBH) shall be removed without written approval from CDFW. Any trees removed that require CDFW written approval shall be replaced according to Measure 2.58, and exposed/disturbed areas shall be re-vegetated according to Measure 2.59.

2.26 Restrictions on Spot Treatment of Pesticide on Non-native Tree Stumps. Spot treatment of pesticide on non-native tree stumps shall be overseen by a certified pesticide applicator and shall be done by hand. For information regarding accepted pesticides, pesticides and their uses banned near salmonid bearing streams and certification refer to http://www.epa.gov/espp/litstatus/wtc/uselimitation.htm and http://www. epa. gov/pesticides/reg u lati ng/restricted. htm.

2.27 Annual Cumulative Restrictions on Removal of Sediment. Vegetation and Logs in Channel Beds. The following maximum limits for removal of sediment, vegetation and logs within a channel, cumulatively (per annum), are as follows: 200 cubic yards affecting no more than 50 feet in a natural channel or 100 feet in an artificial earthen channel or 500 feet in a concrete-lined channel. The maximum limit restrictions pertaining to a concrete-lined channel may be modified on a case-by-case basis with written approval from CDFW.

2.28 Stumps or Large Woody Debris Removal Restrictions. Embedded pieces of large woody debris or stumps that potentially serve as basking sites for western pond turtle or that encourage pool formation shall be left in place if they do not obstruct the flow of water and adequate flood flow capacity is present.

2.29 Culvert Maintenance Restrictions: In-stream Culvert and Headwall Replacements. In-stream culverts to be replaced shall be designed in a manner to attempt to recreate the natural channel bed substrate and flow conditions within the culvert in addition to providing wildlife passage during the majority of spring, summer and fall hydrologic conditions. Culvert and headwall designs shall be submitted to CDFW for review prior to the start of construction. Written acceptance of design plans by CDFW must be received before in-stream culvert replacement activities may commence, except in cases where work is covered under FGC section 1610 (emergency projects). In-stream culvert replacements shall be sized to pass 1 00-year flow events and be 1.5 times wider than the active channel width where possible. The design shall incorporate one of the design options from the document Culvert Criteria for Fish Passage (Department of Fish and Game 2002) attached to this Agreement. Designs shall meet fish passage criteria for adult and juvenile salmon ids as set forth in California

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Salmonid Steam Habitat Restoration Manual available online at www.dfg.ca.gov/fish/resources/habitatmanual.asp. Before pouring of any concrete, forms shall be inspected by the design engineer to ensure that design specifications are met. During construction when either concrete is poured or culverts are to be installed, a construction monitor will be on-site to ensure the project is built as designed. Variances from this measure may be requested and granted with written acceptance from CDFW. Variance requests must provide justification for the variance for consideration.

2.30 Repair or Replacement of Hard Bank Stabilization Structures. Hard bank stabilization structures shall be replaced with one of the methods presented in the Watershed and Stream Bank Stability chapter in the California Salmonid Steam Habitat Restoration Manual available online at www.dfg.ca.gov/fish/resources/habitatmanual.asp. Designs of replacement structures shall be submitted to CDFW for review prior to the start of construction. Active channels shall not be narrowed as a result of these repairs. Written acceptance of design plans by CDFW must be received before replacement activities may commence, except in cases where work is covered under Fish and Game Code section 1610. Variances from this measure may be requested and granted with written acceptance from CDFW. Variance requests must provide justification for the variance for consideration.

2.31 Repair of Hard Bank Stabilization Structures: Riprap Restrictions. Riprap shall not be grouted or mortared. Interstitial spaces between rocks shall be backfilled with clean native soils or imported fill (clean of contaminants and invasive plant species) and planted with trees, shrubs, or other vegetation to minimize habitat loss. Riprap shall be properly keyed into the bank and be of sufficient size to remain in place and withstand the highest velocity of water anticipated within the stream channel. Sacked concrete shall not be used. The channel shall not be narrowed as a result of bank repairs. In-kind replacement of structural features is subject to a separate 1600 agreement and further environmental review if there is a reasonable possibility that the project will have a significant impact on the environment as defined by CEQA Guidelines section 15300.2. Variances from this measure may be requested and granted with written acceptance from CDFW. Variance requests must provide justification for the variance for consideration.

2.32 Limitations on Bank Stabilization/Bank Repair. This Agreement does not authorize bank or channel fill, such as placement of imported soils, rip rap, etc., with the exception of (1) fill required for in-kind repair or replacement of existing bank stabilization, and (2) minor bank repair limited to channel reaches of less than 100 linear feet. Bank repair projects that would result


in a net increase in riprapped or hardened bank area shall require a separate notification.

2.33 Evaluation and Monitoring of Fish Passage Improvement Features. Prior to both installation and removal of seasonal baffle plates and supporting hardware in 8ranciforte flood-control channel, Permittee shall coordinate with CDFW on the timing of baffle installation and removal. Permittee shall also coordinate with CDFW prior to the seasonal inspection and monitoring of the low-flow channel and any future fish passage improvement features. Reports on the annual evaluation of fish passage performance conducted by the City of Santa Cruz shall be provided to CDFW by December 1 in each year for the term of this Agreement.

2.34 840 Channel Study and Fish Passage Improvement Plan. Permittee shall provide CDFW with a 840 (8ranciforte) Fish Channel Study and Improvement Plan (Plan) that includes planning, procedures and implementation schedule by December 1, 2016 for written acceptance by CDFW. The Plan shall evaluate the original low-flow channel and fish baffle design, and shall provide alternative concepts for fish passage improvement features within the hydraulic constraints of the existing baffle design. Permittee shall evaluate the feasibility of seasonal baffle plate installation. Alternative fish passage improvement features shall not hydraulically affect flood control water surface elevation or channel flood capacity. Permittee shall modify and resubmit the Plan within 90 days from receipt of any requested changes by CDFW. Implementation of the final Plan involving modifications to current baffle designs may require an amendment to this Agreement or a separate Streambed Alteration Agreement.

2.35 Annual Education Session for Personnel. Prior to any project construction work, the qualified biologist shall provide a training session for all work personnel to identify special-status species which may be in the area, their general behavior, how they may be encountered in the work area, and procedures to follow when they are encountered every year this Agreement is in effect. Interpretation shall be provided for non-English speaking workers. Any personnel joining the work crew later shall receive the same training before beginning work.

2.36 Special Status Species Wildlife Surveys. Project sites where special status species are either known or suspected to occur shall be surveyed by the qualified biologist within 48 hours prior to each stage of a project at the appropriate time of day for presence of wildlife and special-status species that may be present. Only the qualified biologist may handle State Species of Special Concern. This Agreement does not allow for the take or disturbance of any species listed under the CESA. All wildlife species encountered during surveys shall be recorded. If any State Species of


Special Concern or threatened or endangered species are found, the qualified biologist shall notify CDFW within 24 hours by calling (707) 944-5579 or electronic communication sent to [email protected]. CDFW reserves the right to provide additional provisions to this Agreement designed to protect special-status species.

2.37 On-site Qualified Biologist. Biological Monitor or Construction Monitor with Stop Work Authorization. Permittee shall have a qualified biologist, biological monitor or construction monitor on site daily during project activities to minimize impacts to plant, fish, and wildlife habitat in those areas where wildlife surveys have documented species of special concern or where they are suspected to occur. All biological monitors and construction monitors for projects shall be approved by CDFW prior to commencement of covered activities. Qualified biologists, biological monitors and construction monitors shall be authorized to stop construction if necessary to protect fish and wildlife resources. If there is a threat of harm to any sensitive species, or other wildlife, the qualified biologist, biological monitor or construction monitor shall halt construction and notify Melissa A. Farinha at (707) 944-5579 or electronic communication sent to [email protected]. Consultation with CDFW shall be required before re-commencing work.

2.38 Obtain Approvals for Qualified Biologists, Biological Monitors and Construction Monitors. Within a minimum of seven (7) days prior to initiating wildlife surveys within a project area, Permittee shall submit the names, resumes and contact information of all qualified biologists, biological monitors and construction monitors involved in conducting survey and/or monitoring work to CDFW for review and written approval under this Agreement.

2.39 Sensitive Species Inspection Each Day. In the event sensitive species are found in the project area, the qualified biologist, biological monitor or construction monitor shall inspect the work area and areas adjacent to the work area that will support excavation equipment prior to mobilization of excavation equipment. If the monitor determines the excavation work site does not occupy sensitive species, equipment may be moved onto the site under the observation of the monitor.

2.40 Check for Wildlife in Construction Pipes/Materials. Permittee/contractor shall have the ends of all sections of construction pipe, culverts, hoses or similar structures that are stored at project work sites overnight or longer securely capped in order to prevent wildlife from entering and being trapped. These materials shall be visually checked for the presence of wildlife sheltering within them prior to being moved or used.


2.41 Bird Nest Surveys. If equipment staging, site preparation, mowing, excavation or other project-related construction activities are scheduled during the nesting season (February 1 through August 15) of protected raptors and other avian species, a focused survey for active nests of such birds shall be conducted by a qualified biologist within 15 days prior to the beginning of project-related activities. Surveys shall be conducted in all suitable habitat located at project work sites, in staging, storage and soil stockpile areas, and along transportation routes. 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. Surveys shall be conducted at the appropriate times of day, and during appropriate nesting times and shall concentrate on areas of suitable habitat. If a lapse in project-related activities of 15 days or longer occurs, another focused survey, and if required, consultation with CDFW and USFWS will be required before project activities can be reinitiated. If an active nest is found, Permittee shall consult with CDFW and USFWS regarding appropriate action to comply with the Fish and Game Code (FGC) of California and the federal Migratory Bird Treaty Act (MBTA) of 1918. CDFW reserves the right to provide additional provisions to this Agreement designed to protect nesting birds.

2.42 Active Bird Nest Buffers. If an active nest is found during surveys, the active nest site shall be designated as "Ecologically Sensitive Areas" (ESA) and protected (while occupied) during project construction with the establishment of a fence barrier surrounding the nest site. CDFW recommends that the minimum distances of the protective buffers surrounding each identified nest site be the following: i) 1,000 feet for other large raptors such as buteos; ii) 500 feet for small raptors such as accipiters; iii) 250 feet for passerines. A qualified biologist shall monitor the behavior of the birds (adults and young, when present) at the nest site to ensure that they are not disturbed by project-related activities. Nest monitoring shall continue during project-related construction work until the young have fully fledged, are no longer being fed by the parents and have left the nest site, as determined by a qualified biologist.

2.43 Bat Habitat Assessment and Avoidance. A qualified biologist or biological monitor shall conduct a habitat assessment for bats at work sites where culverts, structures and/or trees would be removed or otherwise disturbed for a period of more than two hours. The habitat assessment shall include a visual inspection of features within 50 feet of the work area for potential roosting features (bats need not be present) no more than 48 hours prior to disturbance of such features. Habitat features found during the survey shall be flagged or marked. If any habitat features identified in the habitat assessment will be altered or disturbed by project activities, a phased disturbance strategy shall be employed. Non-habitat trees or structural


features shall be removed one (1) day prior to removal of habitat features. Permittee shall not attempt to directly disturb (e.g. shake, prod) roosting features, as such disturbance constitutes "harassment". If bats (individuals or colonies, not just roosting habitat) are detected during the habitat assessment, CDFW shall be notified immediately. CDFW reserves the right to provide additional provisions to this Agreement or require a separate Notification in the event that roosting bats are found.

2.44 Fish Exclusion. Fish shall be excluded from the work area by blocking the stream channel above and below the work area with fine-meshed net or screen. Mesh shall be no greater than 1/8-inch in diameter. The bottom edge of the net or screen shall be completely secured to the channel bed to prevent fish from re-entering the work area. Exclusion screening shall be placed in areas of low water velocity to minimize fish impingement. Screens shall be regularly checked and cleaned of debris to permit free flow of water.

2.45 Displacing Aquatic Organisms. Any equipment entering the active stream (for example, in the process of installing a coffer dam) shall be preceded by a biological monitor or construction monitor on foot to displace wildlife and prevent them from being crushed.

2.46 Relocation of Fish and Amphibians. Prior to dewatering a site, the qualified biologist with all the necessary State and federal permits shall capture and relocate native fish and amphibian species. Measures shall be taken to minimize harm and mortality to native species resulting from fish relocation and dewatering activities, as follows:

• Rescued fish shall be moved to the nearest appropriate site outside of the work area. A record shall be maintained of all fish rescued and moved. The record shall include the date of capture and relocation, the method of capture, the location of the relocation site in relation to a project site, and the number and species of fish captured and relocated. The record shall be provided to CDFW within two weeks of the completion of the work season or project, whichever comes first.

• Prior to capturing fish, the most appropriate release location(s) shall be determined, using the following criteria: water temperature shall be similar as the capture location; there shall be ample habitat for the captured fish; and there shall be a low likelihood for the fish to re-enter the work site or become impinged on exclusion net or screen.


• Handling of native fish species within the project area shall be minimized. However, when handling is necessary, the qualified biologist shall always wet hands or nets prior to touching fish.

• The qualified biologist shall temporarily hold fish in cool, shaded, aerated water in a flow-through live car. The qualified biologist shall protect fish from jostling and noise and do not remove fish from this container until time of release.

• Permittee or qualified biologist shall measure air and water temperatures periodically. A thermometer shall be placed in holding containers and, if necessary, periodically conduct partial water changes to maintain a stable water temperature. If water temperature reaches or exceeds 18 oc, fish shall be released and rescue operations ceased.

• Overcrowding in containers shall be avoided by having at least two containers and segregating young-of-year (YOY) fish from larger age-classes to avoid predation. Larger amphibians, such as Pacific giant salamanders, shall be placed in the container with larger fish. If fish are abundant, the capturing of fish and amphibians shall cease periodically and shall be released at the predetermined locations.

• The qualified biologist shall perform initial fish relocation efforts several days prior to the start of construction. This provides the fisheries biologist an opportunity to return to the work area and perform additional electrofishing passes immediately prior to construction.

• If mortality during relocation exceeds ten (1 0) percent, capturing efforts shall stop and Permittee shall contact the appropriate agencies immediately.

• Permittee shall conduct relocation activities in the morning when temperatures are cooler.

2.47 California Red-legged Frog (CRLF) Surveys in Ponds. Lakes and Detention Basins. Prior to and within 48 hours of the planned start of project activities in lakes, ponds or detention basins, a focused survey for CRLF using agency approved protocol shall be conducted by a qualified biologist to determine if they are in the area. If CRLF are found, the CDFW shall be notified immediately to determine the correct course of action and routine maintenance activities shall not commence until after May 30 and not begin until approved by the CDFW. CDFW reserves the right to provide additional


measures to this Agreement to protect sensitive species. CDFW may request Permittee to notify CDFW for a separate Agreement pursuant to FGC Section 1602 for the activity.

2.48 CRLF and Seasonal Work Period in Ponds, Lakes and Detention Basins. If CRLF are found in a pond, lake or detention basin and water is present, sediment removal and berm or outfall repair activities shall be performed from September 1 to October 15. Dredging and de-watering operations shall be approved by CDFW prior to commencement of activities.

2.49 CRLF and Vegetation Removal at Ponds, Lakes and Detention Basins. If CRLF are found, tule and emergent vegetation shall be removed by hand.

· 2.50 CRLF and Inspection for Egg Masses at Ponds, Lakes and Detention Basins. In work areas containing emergent vegetation (e.g., tules, cattails), vegetation shall be inspected for CRLF eggs masses prior to work. A buffer of vegetation at least 10 feet in diameter shall be left around any egg masses found. Permittee shall keep a record of any sites where egg masses are found and shall conduct vegetation removal at these sites prior to November 1 in subsequent years.

2.51 CRLF Egg Mass Avoidance. If CRLF egg masses are found at a project site then staff shall avoid entering the channel to avoid dislodging egg masses. Vegetation trimming activities shall be performed from the banks, if possible.

2.52 CRLF Exclusion at Streams. In the event CRLF are found during surveys at a project area located on a stream, exclusion fencing shall be installed around the project site and staging area. After installation of the fence barrier, a biological monitor shall daily inspect the project work area prior to the commencement of activities. If the biological monitor determines that sensitive species are not within the work area, equipment or materials may be moved onto the work site under the observation of the biological monitor.

2.53 CRLF Monitors On-Site. In the event CRLF are found within a project area during surveys, biological monitor(s) and/or qualified biologists shall be on the project site while covered activities are being conducted.

2.54 CRLF Protection during Vegetation and Sediment Removal. In the event CRLF are found in a project area, biological monitors will direct and inspect all vegetation and sediment removal and dewatering activities.

2.55 CRLF and Vegetation Disposal. If CRLF are found in a project area, vegetation removed will be placed directly into a disposal vehicle and removed from the site. Vegetation will not be piled on the ground unless it


is later transferred, piece by piece, under the direct supervision of the biological monitor or qualified biologist.

2.56 CRLF and Vehicle Restrictions. If CRLF are found in a project area, any vehicle parked on site for more than 15 minutes shall be inspected by the biological monitor before it is moved to ensure that CRLF have not moved under the vehicle. Any parking areas must be checked in advance by the biological monitor or qualified biologist.

2.57 Cease Activities for CRLF. If CRLF enters a work area, all work shall stop until the qualified biologist relocates the animal or it leaves on its own. Only the qualified biologist can handle and relocate CRLF. Any sightings and/or injuries of this species shall be immediately reported to CDFW per instructions below.

2.58 CRLF Relocation. Prior to the onset of any project-related activities, the qualified biologist must identify appropriate areas to receive CRLF adults and tadpoles from a project area. These areas must be in proximity to the capture site, contain suitable habitat, not be affected by project activities, and be free of exotic predatory species (i.e. bullfrogs, crayfish) to the best of the qualified biologist's knowledge. Translocation shall only be performed by the qualified biologist. In the rare case that egg masses are found after July 1, every attempt shall be made to wait until the egg masses hatch to transport them.

2.59 Western Pond Turtle (WPT) Avoidance. In the event WPT are found in a project area, the Permittee shall exercise measures to avoid direct injury to them as well as avoid areas where they are observed to occur. If a WPT is observed, it shall be left alone to move out of the area on its own. If it does not move on its own, it can be relocated by a qualified biologist to at least a 300-foot distance away from the project location. Relocation areas shall be of suitable habitat, on shallow banks with slow moving water and shall be far enough away so as not to be affected by project activities. If a WPT nest is found, all activities shall cease and Permittee shall contact CDFW to develop site appropriate avoidance and minimization measures.

2.60 Protection of San Francisco Dusky-footed Woodrat (SFDW). In the event a SFDW house is found in the project area, Permittee shall submit the results of surveys in the immediate work area, in any areas expected to be disturbed by project activities and in a 50-foot buffer around those areas. The locations of any detected nests, sighted individuals or carcasses shall be plotted on a base map or maps. The base map or maps shall consist of an aerial photograph of the work site, predicted disturbed areas and the 50-foot buffer, each of which will be identified on the map or maps. The map or maps will be of such scale as to allow identification of individual house sites


or house clusters. Once this map is completed, the map shall be submitted to CDFW who will confer with Permittee regarding the development of suitable protective measures. CDFW shall determine whether a separate Lake or Streambed Alteration Agreement will be required for the project.

2.61 Tree Replacement. Any trees greater than four (4) inches at DBH for any native species excluding willow and ten (1 0) inches at DBH for willow and non-native species that are removed as a result of project activities (with CDFW written approval) shall be replaced on-site at the following ratios (replacement trees to removed trees):

• Oaks - 12:1 ratio • For other native trees- 3:1 ratio • Non-native trees - 2:1 ratio

Tree replacement ratios for an individual routine maintenance activity may be adjusted by CDFW with written approval. Replacement trees shall consist of 5-gallon saplings, stakes, or other suitable nursery stock and shall be native species adapted to the lighting, soil and hydrological conditions at the replanting site. If replanting within the work area is unfeasible due to slope steepness or other physical constraints, replacement trees may be planted at an alternate location along the stream corridor that has been previously approved by CDFW.

2.62 Vegetation Replacement. All exposed or disturbed areas and access points draining to the stream zone and left barren of vegetation following maintenance activities shall be vegetated with native plants or seeded with a blend of erosion control grass seeds and locally native wildflowers. Non-native grass species shall not exceed 25% of the total seed mix by count, and all nonnative grass seed shall be sterile (i.e. incapable of reproducing). All other areas of disturbed soil which drain towards the stream channel shall be seeded with native erosion control grass seeds. Re-vegetation shall be completed (within two weeks) after construction activities cease. Seed shall be covered with broadcast straw, jute netting, coconut fiber blanket or a similar erosion control blanket/mulch. Erosion control blankets with monofilament or woven plastic strands shall not be used.

2.63 Riparian Restoration Plan. Where active riparian restoration is warranted, Permittee shall submit a riparian restoration re-vegetation plan with the Annual Notification (Measure 4.1 ). Riparian restoration plans shall be reviewed by CDFW and must receive written CDFW approval. The plan shall describe the project site and vegetative community, including the conditions warranting active re-vegetation. Proposed onsite restoration


measures shall be described, including location, number, size and type of replacement plantings, installation specifications and irrigation specifications if warranted.

2.64 Riparian Restoration: Success Criteria. Any riparian restoration plan shall include success criteria to be met at the end of the monitoring period. The overall intent of the restoration will be to replace or improve on the habitat value of the impacted area in a reasonable amount of time. The term "reasonable amount of time" means a return to the pre-project baseline in approximately the same period of time that the pre-existing habitat took to establish naturally. For habitats where this is not feasible (such as oak woodland) then success criteria should focus on attributes that will provide a reasonable assurance that the restoration will eventually result in the required replacement value. These attributes could include plant vigor, establishment of minimal species diversity, cover, lack of limiting factors and others.

2.65 Riparian Restoration: Monitoring. For every project where habitat is removed, the Annual Notification (Measure 4.1) should provide an estimate of the time necessary to re-establish the baseline habitat value lost. Permittee shall monitor the site for that period (as modified by CDFW where warranted). If the site reaches the pre-project habitat baseline prior to the end of the projected monitoring period and keeps that habitat value for two consecutive years, Permittee can request CDFW to waive further monitoring. For sites requiring longer terms to reasonably reach a pre-project baseline and which are clearly doing well and therefore can reasonably be considered likely to reach the site habitat goals (such as oak woodland or redwood forest), Permittee can request CDFW to consider reducing or ending the monitoring after five (5) years. ·

2.66 Riparian Restoration Re-vegetation Remediation. If restoration success criteria requirements do not meet established goals, Permittee is responsible for replacement planting, additional watering, weeding, invasive exotic eradication, or any other practice, to achieve these requirements. All plants that die within the monitoring period shall be replaced during the fall the year the plant was determined to have failed. Replacement plants shall be monitored with the same goal as initial planting until habitat goals are met. If the problem(s) is/are larger in scope, are likely to recur and cannot be corrected, Permittee shall consult with CDFW to develop a modified plan for the site or alternative mitigation measures.

2.67 Permanent Impacts from Bank Stabilization/Bank Repair. Permittee shall consult with CDFW prior to conducting work that has the potential to result in a permanent net loss of natural stream bank or streambed. If a permanent net loss of natural stream bank or streambed habitat is expected


to occur, Permittee shall submit a separate FGC 1602 Notification, and CDFW shall require compensatory restoration activities to offset permanent habitat impacts.

3. Reporting Measures

Permittee shall meet each reporting requirement described below.

3.1 Annual Notification of Routine Maintenance Activities. Permittee shall provide to CDFW Bay Delta Region written notification of proposed routine maintenance activities to be performed that year by May 1 of each year. The written notification of proposed routine maintenance activities shall describe the project location, length and width of impact area, square footage of areas of vegetation to be removed, resource avoidance measures, potential presence of sensitive species, and size or dimensions of culverts, rip rap, and other materials. Permittee shall be notified if notifications are deemed incomplete by CDFW. Each annual notification of proposed routine maintenance activities shall be added to this 1601 Agreement as Attachment C-Year (e.g. C-2003, C-2004, etc.).

3.2 Annual Notification of Completed Projects and Payment of Fees. Permittee shall provide to CDFW Bay Delta Region written notification by December 31 of routine maintenance projects completed within the year. Annual reports shall include for each project a list of all wildlife species encountered during surveys, photo documentation of each project that includes: a minimum of four (4) flagged vantage points (noting the vantage point in relation to the waterway in each photo) that offer representative views of each project site, revegetation zones and work area(s) with photos taken before, during and after project activities. Photo documentation need not be performed more than once in areas where no special status species have been observed in fish and wildlife surveys. Annual reports shall be submitted whether or not maintenance projects were conducted in that period. Applicable fees payable to the CDFW shall accompany each annual report. The fee amount shall be in accordance with the most recent fee schedule, as published by the CDFW for work performed under a Routine Maintenance Agreement based on the number of maintenance projects completed within each semiannual period. CDFW may terminate this Agreement immediately if reports and applicable fees are not submitted within 30 days of the due date.

3.3 Biological Surveys. If surveys (i.e. CRLF, SFDW, rare plants) are conducted for compliance with this Agreement, the survey methods and results of the survey shall be submitted to CDFW prior to commencement of


work. Refer to Notification Number 1600-2013-0176-R3 when submitting the report to the CDFW.

3.4 Tree Replacement. Riparian Restoration Annual Status Report. An annual status report on tree replacement and riparian restoration shall be provided to CDFW by December 31 of each year monitoring is required. This report shall include for each site: an overview map with each restoration planting mapped with a marker indicating the species; survival rate, percent cover, and height of tree and shrub species; the number and species of plants replaced; overview of re-vegetation efforts; and whether success criteria are met and the method used to assess these parameters; and photos from designated photo stations shall be included. All plants that die within a pre-designated monitoring period shall be replaced during the fall the year the plant was determined to have died. Refer to Notification Number 1600-2013-0176-R3 when submitting this plan to CDFW.

3.5 Notification to the California Natural Diversity Database (CNDDB). If any listed, rare, or special status species are detected during project surveys or on or around the project site during covered activities, the Permittee shall submit CNDDB Field Survey Forms to CDFW in the manner described at the CNDDB website http://www.wildlife.ca.gov/biogeodata/cnddb/submitting data to cnddb.asp within 14 working 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 in writing and any communication or documentation shall be delivered to the address below by U.S. mail, fax, or email, or to such other address as Permittee or CDFW specifies by written notice to the other.

To Permittee:

Mark Dettle City of Santa Cruz Department of Public Works 809 Center Street Santa Cruz, CA 95061 (831) 420-5160 [email protected]

To CDFW:


California Department of Fish and Wildlife Bay Delta Region 7329 Silverado Trail Napa, California 94558 Attn: Lake and Streambed Alteration Program- Melissa Farinha Notification #1600-2013-0176-R3 Fax(707)944-5553 [email protected]

LIABILITY

Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the project or any activity related to it that the Agreement authorizes.

This Agreement does not constitute CDFW's endorsement of, or require Permittee to proceed with the project. The decision to proceed with the project is Permittee's alone.

SUSPENSION AND REVOCATION

CDFW may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with the Agreement.

Before CDFW suspends or revokes the Agreement, it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before CDFW suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused CDFW to issue the notice.

ENFORCEMENT

Nothing in the Agreement precludes CDFW from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement.

Nothing in the Agreement limits or otherwise affects CDFW's enforcement authority or that of its enforcement personnel.

OTHER LEGAL OBLIGATIONS


This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from 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.

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 FGC including, but not limited to, FGC sections 2050 et seq. (threatened and endangered species}, 3503 (bird nests and eggs), 3503.5 (birds of prey), 5650 (water pollution), 5652 (refuse disposal into water), 5901 (fish passage), 5937 (sufficient water for fish), and 5948 (obstruction of stream).

Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass.

AMENDMENT

CDFW may amend the Agreement at any time during its term if CDFW determines the amendment is necessary to protect an existing fish or wildlife resource.

Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by CDFW and Permittee. To request an amendment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the corresponding amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5).

TRANSFER AND ASSIGNMENT

This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter CDFW approves the transfer or assignment in writing.

The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the minor amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5).

EXTENSIONS


In accordance with FGC section 1605(b), Permittee may request one extension of the Agreement, provided the request is made prior to the expiration of the Agreement's term. To request an extension, Permittee shall submit to CDFW a completed CDFW "Request to Extend Lake or Streambed Alteration" form and include with the completed form payment of the extension fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). CDFW shall process the extension request in accordance with FGC 1605(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 [FGC, §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 FGC section 711.4 filing fee listed at http://www.wildlife.ca.gov/habcon/cega/cega changes.html.

TERM

This Agreement shall expire on December 31, 2018 unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term. Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as FGC section 1605(a)(2) requires.

EXHIBITS

The documents listed below are included as exhibits to the Agreement and incorporated herein by reference.

A. Appendix B, City of Santa Cruz Watetways Subject to Routine Maintenance Activities, as submitted by Mark Dettle on May 5, 2013.

B. Appendix C, City of Santa Cruz Watetways proposed for Routine Maintenance Activities- 2013 Season, as submitted by Mark Dettle on May 5, 2013.

C. Figure 1. City of Santa Cruz Watetways, as submitted by Mark Dettle on May 5, 2013.

D. Annual Notifications of Proposed Work (reserved for future exhibits).


E. Baffle Design and Operation Page from ACE Manual, as submitted by Siobhan O'Neill on November 4, 2013.

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 FGC section 1602.

CONCURRENCE

The undersigned accepts and agrees to comply with all provisions contained herein.

I Permittee

FOR DEPARTMENT OF FISH AND WILDLIFE

Date Environmental Program Manager

Prepared by: Melissa Farinha, Environmental Scientist

Date Submitted: August 2, 2013


Date First Revision Submitted: February 14, 2014 Date Second Revision Submitted: May 12, 2014 Date Third Revision Submitted: May 29, 2014 Date Fourth Revision and Resubmitted: October 3, 2014

FOR DEPARTMENT USE ONLY

Amount Due Date Complete Notification No.

lffl070 STATE OF CALIFORNIA )j-- . •

- DEPA%-MENT OF FISH AND WILDLIFE NOTIFICATION OF LAKE OR STREAMBED AL TERA ¥10N

Complete EACH field, unless otherwise indicated, following the enclosed instructions and submit ALL required enclosures. Attach additional pages, if necessary.

1. APPLICANT PROPOSING PROJECT Fish& Game Name Mark Dettle, Director MAY 10 201B Business/Agency City of Santa Cruz Department of Public Works Street Address 809 Center Street Yountvi lll e City, State, Zip Santa Cruz, CA 95061 Telephone (831) 420-5160 I Fax I {831) 420-5161 Email [email protected]:us

2. CONTACT PERSON (Complete only if different from applicant)

Name Andrew Bullington, City of Santa Cruz DPW Street Address 1125 River Street City, State, Zip Santa Cruz, CA 95060-1710 Telephone (831) 420-5556 I Fax I (831) 420-5161 Email

3. PROPERTY OWNER (Complete only if different from applicant)

Name City of Santa Cruz Street Address

City, State, Zip

Telephone I Fax I Email

4. PROJECT NAME AND AGREEMENT TERM

A. Project Name City of Santa Cruz Routine Maintenance Activities

B. Agreement Term Requested Regular (5 years or less) D Long-term (greater than 5 years) --

C. Project Term D. Seasonal Work Period E. Number of Work Days

Beginning (yea!) Ending (yea!) Start Date (month/day) . End Date (month/day)

2013 2017 8/1 10/31 90

FG2023 Page 1 of 9 Rev. 1/13

NOTIFICATION OF LAKE OR STREAMBED ALTERATION

5. AGREEMENT TYPE

Check the applicable box. If box B, C, D, orE is checked, complete the specified attachment.

A. 0 Standard (Most construction projects, excluding the categories listed below)

B. 0 Gravel/Sand/Rock Extraction (Attachment A) Mine J.D. Number:

c. 0 Timber Harvesting (Attachment B) THP Number:

D. 0 Water Diversion/Extraction/Impoundment (Attachment C) SWRCB Number:

E. Routine Maintenance (Attachment D)

F. 0 CDFW Fisheries Restoration Grant Program (FRGP) FRGP Contract Number

G. 0 Master

H. 0 Master Timber Harvesting

6.FEES Please see .the current fee schedule to determine the appropriate notification fee. Itemize each project's estimated cost and corresponding fee. Note: The Department may not process this notification until the correct fee has been received.

A. Project B. Project Cost C. Project Fee

1 City of Santa Cruz Routine Maintenance Activities 50000 2

3

4

5 D. Base Fee 1,345.25 (if applicable) E. TOTAL FEE 1,345.25 ENCLOSED

7. PRIOR NOTIFICATION OR ORDER

A. Has a notification previously been submitted to, or a Lake or Streambed Alteration Agreement previously been issued by, the Department for the project described in this notification?

Yes (Provide the information below) ONo

Applicant: City of Santa Cruz Notification Number: 1600-2008-0270 Date: 9/26/2008 B. Is this notification being submitted in response to an order, notice, or other directive ("order") by a court or

administrative agency (including the Department)?

0 Yes (Enclose a copy of the order, notice, or other directive. If the directive is not in writing, identify the person who directed the applicant to submit this notification and the agency he or she represents, and describe the circumstances relating to the order.)

0 Continued on additional page(s)

FG2023 Page 2 of9 Rev. 1/13


8. PROJECT LOCATION

A. Address or description of project location. (Include a map that marks the location of the project with a reference to the nearest city or town, and provide driving directions from a major road or highway)

Various operations throughout the City of Santa Cruz city limits. See attached list and maps.

·'

D Continued on additional page(s)

B. River, stream, or lake affected by the project. I Lower San Lorenzo River watershed, Neary Lagoon, Meder Creek, others

C. What water body is the river, stream, or lake tributary to? I Pacific Ocean D. Is the river or stream segment affected by the project listed in the

DYes ii No D Unknown state or federal Wild and Scenic Rivers Acts?

E. County !santa Cruz F. USGS 7.5 Minute Quad Map Name· G. Township H. Range I. Section J. Y4 Section

Santa Cruz 11S 1W,2W


K. Meridian (check one) I D Humboldt D Mt. Diablo D San Bernardino

L. Assessor's Parcel Number(s)

Multiple sites D Continued on additional page(s)

M. Coordinates (If available, provide at least latitude/longitude or UTM coordinates and check appropriate boxes)

Latitude: I Longitude:

Latitude/Longitude D Degrees/Minutes/Seconds D Decimal Degrees D Decimal Minutes

UTM Easting: 586902 Northing:4092731 I I!J Zone 10 D Zone 11

Datum used for Latitude/Longitude or UTM 1!J NAD 27 D NAD 83 or WGS 84

FG2023 Page 3 of 9 Rev. 1/13


9. PROJECT CATEGORY AND WORK TYPE (Check each box that applies)

PROJECT CATEGORY I NEW CONSTRUCTION

I REPLACE EXISTING STRUCTURE

I REPAIR/MAINTAIN EXISTING STRUCTURE

Bank stabilization- bioengineering/recontouring D D [Z] Bank stabilization - rip-rap/retaining wall/gabion D D [Z] Boat dock/pier D D D Boat ramp D D D Bridge D D D Channel clearing/vegetation management D D [{] Culvert D D [{] Debris basin D D [{] Dam D D [{] Diversion structure- weir or pump intake D D D ---Filling of wetland, river, stream, or lake D D D Geotechnical survey D D D Habitat enhancement- revegetation/mitigation D D [{] Levee D D [{] Low water crossing D D D Road/trail D D [{] Sediment removal- pond, stream, or marina D D [{] Storm drain outfall structure D D [{] Temporary stream crossing D D [{] Utility crossing : Horizontal Directional Drilling D D D

Jack/bore D D D Open trench D D D

Other (specify): D D D

FG2023 Page 4 of 9 Rev. 1/13


10. PR0JECT DESCRIPTION

A. Describe the project in detail. Photographs of the project location and immediate surrounding area should be included. - Include any structures (e.g., rip-rap, culverts, or channel clearing) that will be placed, built, or completed in or near

the stream, river, or lake. - Specify the type and volume of materials that will be used. - If water will be diverted or drafted, specify the purpose or use. Enclose diagrams, drawings, plans, and/or maps that provide all of the following: site specific construction details; the dimensions of each structure and/or extent of each activity in the bed, channel, bank or floodplain; an overview of the entire project area (i.e., "bird's-eye view") showing the location of each structure and/or activity, significant area features, and where the equipment/machinery will enter and exit the project area.

Project consists of routine maintenance actions in streams, wetlands, waterways and adjacent habitats throughout the city limits. Typical maintenance activities include vegetation removal and management for flood control and utility access; public health and safety; fire protection and law enforcement access and sediment removal in channels and ponds. Hand crews and equipment, as well as rubber tracked heavy equipment are utilized fro flood control and vegetation management activities. The City of Santa Cruz operates under a Integrated Pest Management Program, and herbicides are not used in sensitive wetland and stream habitats for vegetation management.

No new maintenance areas or routine maintenance activities are proposed in this application. All proposed maintenance actions are to be done in areas subject to the previous Routine Maintenance 1600 SAA or previous individual 1600 SAA permits (for example, Delaveaga Golf Course Pond maintenance previously was conducted under

A list of the 25 ongoing maintenance areas and a city-wide map with reach designations is attached to this application. For covered routine maintenance work in the Moore Creek watershed, The Land Trust of Santa Cruz County acts as a collaborative partner with the City of Santa Cruz.

l!'l Continued on additional page(s)

B. Specify the equipment and machinery that will be used to complete the project.

Hand crews with hand-held equipment, backhoe, excavator, loader, bulldozer, and dumptrucks. Most work in sensitive habitats is to be done by hand crews with brushwhips, chainsaws and mowers.


C. Will water be present during the proposed work period (specified in box 4.0) in the stream, river, or lake (specified in box 8.8). l!'l Yes D No (Skip to box 11)

D. Will the proposed project require work in the wetted portion of the channel?

FG2023 Page 5 of9

DYes (Enclose a plan to divert water around work site)

I!J No

Rev. 1/13


11. PROJECT IMPACTS

A. Describe impacts to the bed, channel, and bank of the river, stream, or lake, and the associated riparian habitat. Specify the dimensions of the modifications in length (linear feet) and area (square feet or acres) and the type and volume of material (cubic yards) that will be moved, displaced, or otherwise disturbed, if applicable.

Routine maintenance within stream and wetland habitats will temporarily impact wetland and riparian vegetation and their associated wildlife communities. Bed sediments may be disturbed during routine sediment removal in and around public works and parks facilities. Areas of disturbance at each established maintenance area will vary from year to year.


B. Will the project affect any vegetation? I I!J Yes (Complete the tables below) D No

Vegetation Type Temporary Impact Permanent Impact

Varies annually. See attachments. Linear feet: Linear feet: Total area: Total area:

Varies annually. See attachments. Linear feet: Linear feet: Total area: Total area:

Tree Species Number of Trees to be Removed Trunk Diameter (range)

1!J Continued on additional page(s)

C. Are any special status animal or plant species, or habitat that could support such species, known to be present on or near the project site?

I!J Yes (List each species and/or describe the habitat below) D No D Unknown


D. Identify the source(s) of Information that supports a "yes" or "no" answer above in Box 11.C.


E. Has a biological study been completed for the project site?

I!J Yes (Enclose the biological study) D No

Note: A biological assessment or study may be required to evaluate potential project impacts on biological resources.

F. Has a hydrological study been completed for the project or project site?

I!J Yes (Enclose the hydrological study) D No Note: A hydrological study or other information on site hydraulics (e.g., flows, channel characteristics, and/or flood recurrence intervals) may be required to evaluate potential project impacts on hydrology.

FG2023 Page 6 of9 Rev. 1/13

' ' NOTIFICATION OF LAKE OR STREAMBED ALTERATION

12. MEASURES TO PROTECT FISH, WILDIFE, AND PLANT RESOURCES

A. Describe the techniques that will be used to prevent sediment from entering watercourses during and after construction.

Routine maintenance work subject to this agreement will take place during the dry season (August 1 through October 31) to minimize erosion and associated sedimentation of aquatic habitats. Standard sediment and erosion control BMPs, such as silt fences, erosion control fabric, mulching and hydroseeding will be employed on disturbed soils prior to the onset of winter rains.


B. Describe project avoidance and/or minimization measures to protect fish, wildlife, and plant resources.

Routine maintenance work subject to this agreement will take place during the dry season and after the typical bird nesting season (July 15 through October 31) to minimize disturbance to bird nesting habitats and anadromous salmonids.


C. Describe any project mitigation and/or compensation measures to protect fish, wildlife, and plant resources.


13. PERMITS

List any local, state, and federal permits required for the project and check the corresponding box(es). Enclose a copy of each permit that has been Issued.

A. US Army Corps- File #268765 (For San Lorenzo River Routine Maintenance)

B. CA DFW 1600-2008-0270

C.

D Applied

D Applied

i!J Issued

i!J Issued

D Applied D Issued

D. Unknown whether D local, D state, or D federal permit is needed for the project. (Check each box that applies)


FG2023 Page 7 of 9 Rev. 1/13


14. ENVIRONMENTAL REVIEW

A. Has a draft or final document been prepared for the project pursuant to the California Environmental Quality Act (CEQA), National Environmental Protection Act (NEPA), California Endangered Species Act (CESA) and/or federal Endangered Species Act (ESA)?

1!:J Yes (Check the box for each CEQA, NEPA, CESA, and ESA document that has been prepared and enclose a copy of each)

D No (Check the box for each CEQA, NEPA, CESA, and ESA document listed below that will be or is being prepared)

I!:J Notice of Exemption D Mitigated Negative Declaration D NEPA document (type): D Initial Study D Environmental Impact Report D CESA document (type): D Negative Declaration I!:J Notice of Determination (Enclose) D ESA document (type): D THP/ NTMP D Mitigation, Monitoring, Reporting Plan

B. State Clearinghouse Number (if applicable) 2003098126 C. Has a CEQA lead agency been determined? iYl Yes (Complete boxes D, E, and F) D No (Skip to box 14.G) D. CEQA Lead Agency CDFW E. Contact Person Melissa Farinha ·1 F. Telephone Number I 101-944-5597 G. If the project described In this notification IS part of a larger project or plan, briefly describe that larger project or plan ..


H. Has an environmental filing fee (Fish and Game Code section 711.4) been paid?

DYes (Enclose proof of payment) I!:J No (Briefly explain below the reason a filing fee has not been paid) Categorically exempt

Note: If a filing fee is required, the Department may not finalize a Lake or Streambed Alteration Agreement until the filing fee is paid.

15. SITE INSPECTION

Check one box only.

I!:J In the event the Department determines that a site inspection is necessary, I hereby authorize a Department 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 the Department such entry.

D I request the Department to first contact (insert name)-------------------

FG2023

at (insert telephone number) 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 the Department's determination as to whether a Lake or Streambed Alteration Agreement is required and/or the Department's issuance of a draft agreement pursuant to this notification.

Page 8 of9 Rev. 1/13

' ' . NOTIFICATION OF LAKE OR STREAMBED ALTERATION

16. DIGITAL FORMAT

Is any of the information included as part of the notification available in digital format (i.e., CD, DVD, etc.)?

I!J Yes (Please enclose the information via digital media with the completed notification form) DNo

17. 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 on behalf of, the applicant. I understand that if any information in this notification is found to be untrue or incorrect, the Department may suspend processing this notification or suspend or revoke any draft or final Lake or Streambed Alteration Agreement issued pursuant to this notification. 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, I and/or the applicant may be subject to civil or criminal prosecution. 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 for undertaking any project not described herein unless the Department has been separately notified of that project in accordance with Fish and Game Code section 1602 or 1611.

Date

Print Name

FG2023 Page 9 of 9 Rev. 1/13

STATE OF CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE


Applicant Name: Mark Dettle, City of Santa Cruz Department of Public Works

Project Title: City of Santa Cruz Routine Maintenance Program

ATTACHMENT D

Routine Maintenance

If the applicant is notifying the Department to obtain an agreement for routine maintenance activities, Section I must be completed and the information and documents described in Sections II and Ill must be submitted with the notification.

I. REGULARLY RE-OCCURRING MAINTENANCE ACTIVITIES

These are generally activities designed to maintain channel capacity. Check each box that applies:

I!J Sediment removal:

I!J In and around bridges, culverts, storm drain outlets, and/or water diversion inlets

I!J Stream channel bottom

I!J Pond or lake

D Marina basin

D Other:--------------------------

!!] Clearing trash and debris

I!J Removing fallen trees

I!J Removing dead (not dormant) trees and shrubs

I!J Vegetation:

I!J Limbing and/or trimming of branches and tree limbs

I!J Vegetation removal under high power lines

I!J Mowing levee slopes and stream banks

i!J Mowing within stream and floodway channels

I!J Removing emergent (e.g., bulrush and cattails) or other near water vegetation with:

FG2023D

I!J hand tools

I!J mechanical vegetation cutters and shredders

I!J heavy equipment (soil disturbance)

D chemicals

Page 1 of 3 Rev. 1113

NOTIFICATION OF LAKE OR STREAMBED ALTERATION ATTACHMENT D

1!1 Removing vegetation from the upper half of the bank with:

1!1 hand tools

D mechanical vegetation cutters or shredders

1!1 heavy equipment (soil disturbance)

D chemicals

[!j Removing vegetation from the lower half of bank with:

1!1 hand tools

1!1 mechanical vegetation cutters or shredders


D chemicals

1!1 Removing vegetation within the channel with:

1!1 hand tools

1!1 mechanical vegetation cutters and shredders


D chemicals

1!1 Removing invasive, non-native plants with:

1!1 hand tools

1!1 mechanical vegetation cutters and shredders


D chemicals

D Other: -------------------------------------------------------D Debris and brush pile burning

D Burning levees

1!1 Minor erosion repair:

1!1 Repair at existing erosion control sites

1!1 New erosion repair

1!1 Revegetation with local, native plant species

FG2023D Page 2 of 3 Rev. 1113

NOTIFICATION OF LAKE OR STREAMBED ALTERATION ATTACHMENT D

0 Chemical application:

0 Herbicides

0 Rodenticides

0 Insecticides

0 Minor bridge work:

0 Reinforcing pilings

0 Reinforcing aprons

0 Bridge painting (access and falsework)

Materials to be used for reinforcement: ----------------------------------

0 Other:--------------------------------------

0 Other:-----------------------------

0 Other:---------------------------

II. MAP OR MAPBOOK

Maps must be of sufficient detail to assist in locating maintenance sites and should include the following:

A. The applicant's jurisdictional boundaries B. All watercourses within the jurisdictional boundaries where maintenance will occur C. A key to identify each watercourse and the maintenance activities and location (e.g., bridges,

water control diversions, and large scale maintenance) of those activities that are likely to occur

Ill. SPECIAL STATUS SPECIES LOCATIONS

A drawing, diagram, or map that shows the applicant's jurisdictional boundaries and the locations within that area where special status species are known to exist.

FG2023D Page 3 of 3 Rev. 1113

NOTICE OF DETERMINATION TO: Office of Planning and Research

Post Office Box 3044 Sacramento, California 95812-3044

FROM: California Department of Fish and Wildlife Bay Delta Region 7329 Silverado Trail Napa, California 94558

SUBJECT: Filing ofNotice ofDetermination in compliance with Section 21108 or 21152 ofthe Public Resources Code

PROJECT TITLE: City of Santa Cruz Routine Maintenance Activities

STATE CLEARINGHOUSE NUMBER: 19999102083

LEAD AGENCY: City of Santa Cruz CONTACT: Juliana Rebagliati, (831) 420-6254

RESPONSIBLE AGENCY: California Department of Fish and Wildlife CONTACT: Melissa Farinha, Environmental Scientist, (707) 944-5579

PROJECT DESCRIPTION I LOCATION: The project sites are for routine maintenance activities located on multiple stream channels, drainages and waterways within the city limits of the City of Santa Cruz. The stream channels, drainages and waterways as described are: Moore Creek, Natural Bridges, Arroyo Seco/Meder Canyon, Deleware/Bethany Creek, Bay Creek, Jordan Gulch, Lighthouse Channel, Laurel Creek, Dodero Creek, Ojas de Agua Channel, Wagner Grove Channel, Arroyo San Pedro Channel, Pogonip Creek, San Lorenzo River downstream of the Tait Street Diversion, Branciforte Creek, Pasatiempo Creek, Chrystal Gulch, Redwood Creek, Carbonera Creek, Jessie Street Marsh, Ocean Villa Creek, Pikington Creek, Arana Gulch, Dog Leg Creek, and Hageman Gulch. The project includes only those activities that can reasonably be considered "routine maintenance". 'Maintenance' refers to generally limited tasks that occur repeatedly over time and are necessary to maintain and preserve facilities and amenities in good condition. Maintenance activities include, but are not necessarily limited to the following: repairs, replacement, and cleaning of existing facilities and infrastructure (such as roads, trails and culverts); installation of minor new structures or infrastructure undertaken to improve an existing road, trail or facility; activities such as minor grading, sediment removal or vegetation control to correct conditions that threaten or degrade natural environments (such as non-native plant species control, removal of trash from channels or drainage and erosion repairs, and habitat enhancement). Portions of this project were analyzed previously in the Negative Declaration and Supplemental Negative Declaration.

The California Department of Fish and Wildlife is executing a Lake and Streambed Alteration Agreement Number 1600-2013-0176 pursuant to Section 1602 of the Fish and Game Code to the project Applicant, Mark Dettle/City of Santa Cruz Department of Public Works.

This is to advise that the California Department of Fish and Wildlife as a Responsible Agency approved the project described above on October 21, 2014 and has made the following determinations regarding the above described project pursuant to section 15096 (i).

1. The project will not have a significant effect on the environment. 2. CDFW considered the Negative Declaration and Supplemental Negative Declaration as previously

prepared for this project by the Lead Agency.

This is to certify that a copy of the Negative Declaration prepared for this project is available to the general public and may be reviewed at: 809 Center Street, Santa Cruz, CA 95060. Please contact the lead agency person specified above.

Environmental Program Manager Bay Delta Region

Date Received for Filing: ___________ _

g. department of fish and wildlife...notification #1600-20 13-0176-r3 streambed alteration agreement...

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