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California Department of Fish and Wildlife A13-15CAL]FORNIA DEPARTMENT OF FISH AND WILDLIFE NLJ\ND DESERTS REGION 3602 INLAND EMPIRE BLVD., SUITE C-220 ONTARIO, CA91704 STREAMBED ALTERATION AGREEMENT NOTIFICATION No. 10OO-2O11-O274-RO(REVISION 2\ CITY OF CHINO HILLS Crr OF CHIN0 HILLS - LONG-TERM OPERATIONS AND MAINTENANCE PROJECT This Long Term Routine Maintenance Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFVV) and the Gity of Chino HiHs (Permittee), represented by Michael Heager. RECITALS WHEREAS, pursuant to Fish and Game Code (FGC) section 1602, Permittee notified CDFW on December 16, 2011, that Permfttee intends to compiete the pject 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 is located within 20 existing storm drain facilitates, either associated with or tributary to Madrugada Bu|oh, English Channel, Little Chino Creek, Carbon Canyon Creek, Hickory Creek, Los Serranos Channel, Lower Los Serranos Channel, Slaughter Canyon, Abacheli Canyon, and unnamed tributaries to Chino Creek, all tributary to the Prado Basin and thence the Santa Ana River, within the City of Chino Hills, County of San BernauJino, State of California (see Figure 1 for the Latitude and Longitude of each facility and Figure 2 for a map of the facility locations). PROJECT DESCRIPTION The Project consists of the long-term operation and maintenance of Permittee's facilities (hereafter referred to as "Permittee -maintained facilities") that are located within the City of Chino Hills, County of San Bernardino. Notification #1600-2011-0274-R6 (Revision 2) Streambed Alteration Agreement Page 2 of 18 The Permittee -maintained system includes 20 facilities, consisting of detention basins, vegetated streambeds, riprap-lined and earthen channels and swales, culverts, and associated inlets and outlets, within the City's limits. Maintenance activities to be performed by Permittee within the Permittee -maintained facilities are described below. These maintenance activities are conducted to preserve the capacity of facilities and include: removal of obstructions to flow, including sand, silt, sediment, debris, trash, and herbaceous vegetation; control of weeds, grasses, and emergent vegetation; and removal and trimming of trees, as approved by CDFW. All maintenance activities conducted by Permittee shall be included in the annual report. Maintenance activities to be conducted under this Agreement are described in detail below. A Facility -specific table, describing the maintenance activities authorized within each facility can be found in Figure 3. Maintenance Activity 1: Tree and shrub removal Trees and shrubs that may grow large enough to impede the capacity of the Permittee - maintained facility will be removed. Removal activities shall be limited to cutting the trees and shrubs at the base and leaving the root balls intact. Removal of trees and shrubs with a trunk diameter over 6 inches shall be pre -approved by CDFW, and may require in-kind replacement, at a CDFW approved replacement to removal ratio, within an alternate location. Trees and shrubs with a trunk diameter of less than 6 inches may be removed on an ongoing basis using hand tools or mechanized hand-held equipment. Heavy equipment may be utilized to extract the cut material from the facilities. If heavy equipment is utilized to extract cut material, it shall be operated from an unvegetated upland location, outside of jurisdictional and sensitive areas. Ongoing tree and shrub removal activities shall be limited to once (1) per year within facilities 1, 5, 8, 9, 10, and 11, and once every three (3) years within the remaining facilities. All tree and shrub maintenance activities shall be limited to the period between September 15 and February 15. Maintenance Activity 2: Tree trimming Tree trimming activities include the removal of the lowest 5 feet of branches/limbs from trees displaying an obvious trunk. "Trimming" of woody shrubs, whereby the entirety of the photosynthetic vegetative material is cut, shall be covered under the removal category above. Branches/limbs shall be cut at the trunk using hand-held mechanical equipment such as chainsaws or limbers. Tree trimming maintenance activities shall be limited to once (1) per year within facilities 1, 5, 8, 9, 10, and 11, and once every three (3) years within the remaining facilities. All tree trimming maintenance activities shall be limited to the period between September 15 and February 15. Tree trimming activities shall be completed within the pre -designated impact area only and as specified within Figure 3. Notification #1600-2011-0274-R6 (Revision 2) Streambed Alteration Agreement Page 3 of 18 Maintenance Activity 3: Understory removal and treatment Understory vegetation removal activities include the removal of non -woody, herbaceous vegetation to a height of six inches, using hand tools and mechanical vegetation cutters. Use of heavy equipment shall be limited to specific locations where vegetation removal will be conducted on existing concrete structures or in conjunction with pre -authorized sediment removal activities only. Maintenance of understory vegetation also includes regular herbicide treatments, as proposed in the Notification package. The Permittee shall use herbicides only when necessary to remove large areas of nonnative vegetation or types of nonnative vegetation that are not responsive to hand removal. Any herbicides utilized by the Permittee in CDFW jurisdictional areas shall be registered by the California Department of Pesticide Regulation for aquatic use in California. Understory vegetation removal shall be limited to once (1) per year within facilities 1, 5, 8, 9, 10, and 11, and once every three (3) years within the remaining facilities. All maintenance activities shall be limited to the period between September 15 and February 15. Herbicide applications may be completed from two to six times per year, as specified in Figure 3. Maintenance Activity 4: Sediment removal Approximately 32,500 cubic yards (cy) of sediment shall be removed from four (4) Permittee -maintained facilities, including: 100 cy from facility 9; 200 cy from facility 10; 30,900 cy from facility 11; and 1,300 cy from facility 17. Sediment shall be removed using a rubber tired backhoe, front-end loader, or similar heavy equipment. Excavated - materials may be temporarily stored onsite at an unvegetated location outside of jurisdictional areas. Temporary storage sites shall be retrofitted with BMPs to ensure sediment and materials do not re-enter jurisdictional areas. Disposal of excavated material shall be completed in accordance with local, state, and federal requirements. Sediment removal activities shall be limited to once (1) per year within facilities 9, 10, and 11, and once every three (3) years within facility 17. All sediment removal maintenance activities shall be limited to the period between September 15 and February 15. No more than 1.92 acres of jurisdictional areas shall be impacted as a result of sediment removal activities. PROJECT IMPACTS Existing native fish and wildlife resources the project could potentially substantially adversely affect include: AMPHIBIANS — Pacific tree frog (Hyla regilla) and western toad (Bufo boreas); BIRDS — acorn woodpecker (Melanerpes formicivorus), American avocet (Recurvirostra americana), American bittern (Botaurus lentiginosus), American coot (Fulica americana), American crow (Corvus brachyrhynchos), American goldfinch (Carduelis tristis), American kestrel (Falco sparverius), American pipit (Anthus rubescens), Anna's hummingbird (Calypte anna), ash -throated flycatcher (Myiarchus cinerascens), barn owl (Tyto alba), belted kingfisher (Megaceryle alcyon), Bewick's wren (Thryomanes bewickii), black phoebe (Sayomis nigricans), black -headed Notification #1600-2011-0274-R6 (Revision 2) Streambed Alteration Agreement Page 4 of 18 grosbeak (Pheucticus melanocephalus), black -necked stilt (Himantopus mexicanus), blue grosbeak (Passerina caerulea), Bullock's oriole (Icterus bulockir), burrowing owl (Athene cunicularia), bushtit (Psaltriparus minimus), California horned lark (Eremophila alpestris action), California quail (Callipepla califomica), California thrasher (Toxostoma redivivum), California towhee (Pipilo crissalis), Cassin's kingbird (Tyrannus vociferans), coastal California gnatcatcher (Polioptila californica), common raven (Corvus corax), common yellowthroat (Geothlypis trichas), Cooper's hawk (Accipiter cooperir), downy woodpecker (Picoides pubescens), golden eagle (Aquila chrysaetos), grasshopper sparrow (Ammodramus savannarum), great blue heron (Ardea herodias), great homed owl (Bubo virginianus), hooded oriole (icterus cucullatus), house finch (Carpodacus mexicanus), house wren (Troglodytes aedon), killdeer (Charadrius vociferus), lazuli bunting (Passerina amoena), least Bell's vireo (Vireo bellii pusillus), lesser goldfinch (Carduelis psaltria), Lincoln's sparrow (Melospiza lincolnii), loggerhead shrike (Lanius ludovicianus), long-eared owl (Asio otus), mallard (Anas platyrhynchos), marsh wren (Cistothorus palustris), merlin (Falco columbarius), mountain bluebird (Sialia - currucoides), mourning dove (Zenaida macroura), northern flicker (Colaptes auratus), northern harrier (Circus cyaneus), northern mockingbird (Mimus polyglottos), northern rough -winged swallow (Stelgidopteryx serripennis), Nuttall's woodpecker (Picoides nuttallii), oak titmouse (Baeolophus inornatus), orange -crowned warbler (Vermivora celata), Pacific -slope flycatcher (Empidonax difficilis), red -shouldered hawk (Buteo lineatus), red-tailed hawk (Buteojamaicensis), red -winged blackbird (Agelaius phoeniceus), savannah sparrow (Passerculus sandwichensis), Say's phoebe (Sayornis saya), sharp -shinned hawk (Accipiter striatus), song sparrow (Melospiza melodia), southern California rufous -crowned sparrow (Aimophila ruficeps canescens), southwestern willow flycatcher (Empidonax traillii extmus), spotted towhee (Pipilo maculatus), Swainson's hawk (Buteo swainson►), tree swallow (Tachycineta bicolor), tricolored blackbird (Agelaius tricolor), turkey vulture (Cathartes aura), Vaux's swift (Chaetura vauxi), western bluebird (Sialia mexicana), westem kingbird (Tyrannus verticalis), western meadowlark (Stumella neglecta), western screech owl (Megascops kennicottii), western wood -pewee (Contopus sordidulus), western yellow -billed cuckoo (Coccyzus americanus occidentalis), white -crowned sparrow (Zonotrichia leucophrys), white-tailed kite (Elanus leucurus), wrentit (Chamaea fasciata), yellow breasted chat (Icteria virens), yellow warbler (Dendroica petechia), and yellow-rumped warbler (Dendroica coronata); MAMMALS — American badger (Taxidea taxus), bobcat (Lynx rufus), Botta's pocket gopher (Thomomys bottae), California ground squirrel (Spermophilus beecheyi), California pocket mouse (Chaetodipus califomicus), California vole (Microtus califomicus), coyote (Canis latrans), deer (Odocoileus hemionus), desert cottontail (Sylvilagus audubonir), gray fox (Urocyon cinereoargenteus), long-tailed weasel (Mustela frenata), Mexican Tong -tongued bat (Choeronyceteris mexicana), pallid bat (Antrozous pallidus), pocketed free -tailed bat (Nyctinomops femorosaccus), raccoon (Procyon lotor), San Diego black -tailed jackrabbit (Lepus califomicus bennettir), striped skunk (Mephitis mephitis), westem harvest mouse (Reithrodontomys megalotis), western mastiff bat (Eumops perotis), and yuma myotis (Myoutis yumanensis); REPTILES — California whipsnake (Masticophis lateralis), coachwhip (Masticophis flagellum), coast horned lizard (Phrynosoma blainvillii), coast patch -nosed snake Notification #1600-2011-0274-R6 (Revision 2) Streambed Alteration Agreement Page 5 of 18 (Salvadora hexalepis virgultea), coastal rosy boa (Lichanura trivirgata roseofusca), common kingsnake (Lampropeltis getulus), gopher snake (Pituophis melanoleucus), night snake (Hypsiglena torquata), orange -throated whiptail (Aspidoscelis hyperythra), racer (Coluber constrictor), red diamond rattlesnake (Crotalus rubber), side -blotched lizard (Uta stansburiana), silvery legless lizard (Anniella pulchra), southern alligator lizard (Elgaria multicarinatus), southern pacific rattlesnake (Crotalus viridis viridis), southwestern pond turtle (Actinemys marmorata pallida), two -striped garter snake (Thamnophis hammondii), western fence lizard (Sceloporus occidentalis), western Pacific rattlesnake (Crotalus virdis), western skink (Plestiodon skiltonianus), and westem whiptail (Aspidoscelis tigris); PLANTS — California satintail (Imperata brevifolia), California saw -grass (Cladium californicum),Coulter's saltbush (Atriplex coulten), Malibu baccharis (Baccharis malibuensis), salt spring checkerbloom (Sidalcea neomexicana), San Bernardino aster (Symphyotrichum defoliatum), smooth tarplant (Centromadia pungens laevis), southern tarplant (Centromadia parryi australis), and white rabbit -tobacco (Pseudognaphalium leucocephaleum); and all other fish and wildlife resources in the project vicinity. The adverse effects the project could have on the fish and wildlife resources identified above include loss of nesting and/or foraging habitat, temporary increases in water turbidity, and alterations to wildlife corridors. This Agreement authorizes impacts of up to 2161 acres of jurisdictional areas including streambed and associated riparian vegetation. If any additional unanticipated impacts will occur to riparian habitat and/or streambed during project activities, Permittee shall submit an application for an amendment to this Agreement for authorization of those impacts. MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES 1. Administrative Measures Permittee shall meet each administrative requirement described below. 1.1 Annual Fees. This Agreement is subject to an annual fee of $112 (subject to change) for each project completed per calendar year for the term of the Agreement. Each of the following Maintenance Facilities shall be considered a single "project" and subject to the annual fee: Rimrock Detention Basin, Calle San Marcos Inlet, Chino Hills Parkway Inlet, Ridgeview Drive Inlet, Feldspar Inlet, Pipeline Avenue Inlet, Pipeline Avenue Outlet, Soquel Canyon Parkway Inlet, Skate Park Drainage Ditch, Skate Park Outlet, Skate Park Channel, Butterfield Ranch Road/Pine Ave. Inlet, Butterfield Ranch Road/Park Crest Inlet (1), Butterfield Ranch Road/Park Crest Outlet (1), Butterfield Ranch Road/Park Crest Inlet (2), Butterfield Ranch Road/Park Crest Outlet (2), Mystic Canyon Detention Basin, Butterfield Inlet, Butterfield Outlet, Chino Hills Community Park Outlets/Inlets. Therefore, the maximum annual fee is $2,240. Permittee shall include payment of the total annual fees for the previous calendar year when Notification #1600-2011-0274-R6 (Revision 2) Streambed Alteration Agreement Page 6of18 submitting the annual report (see Condition 4.1 below) to CDFW for review. Please reference SAA #1600-2011-0274-R6. 1.2 Documentation at Project Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily available at the project site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request. 1.3 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, - 1.4 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. 1.5 Project Site Entry. Permittee agrees that CDFW personnel may enter the project site at any time to verify compliance with the Agreement. 1.6 Take of Listed Species. The issuance of this Agreement does not authorize the take of any state and/or federally listed threatened, endangered, or fully protected species. 1.7 Take of Nesting Birds. Sections 3503, 3503.5, and 3513 of the FGC prohibit take of all birds and their active nests, including raptors and other migratory non -game birds (as listed under the Migratory Bird Treaty Act). 2. Avoidance and Minimization Measures To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each measure listed below. 2.1 Biological Monitor. A qualified biologist shall be onsite to monitor all activities that result in the clearing of sensitive habitat as well as grading, excavation, and/or other ground -disturbing activities in jurisdictional areas. Permittee shall flag the limits of the access roads and maintenance areas, perform necessary surveys, and take photographs during the construction process, as required by this Agreement. The biological monitor is required to halt construction activities if threatened or endangered species are identified and notify the appropriate agencies immediately. Notification #1600-2011-0274-R6 (Revision 2) Streambed Alteration Agreement Page 7 of 18 21 Work in Wetted Areas. To the maximum extent possible, Permittee shall avoid working in the wetted portion of any stream channel, lake, or wetland during the period of February 15 through September 30 to avoid impacts to native amphibian and fish species that may be actively reproducing or rearing. If work is performed in the wetted portion of a stream, lake, or wetland from October 1 through February 14, the work areas shall be surveyed by a qualified biologist to determine if sensitive aquatic species are present. In the event that sensitive aquatic species are discovered, the Permittee shall notify CDFW immediately for further consultation. Non -sensitive aquatic species found within the work area shall be relocated to a location containing suitable habitat outside of the work area that will not be impacted by other project activities. 2.3 Removal of Vegetation. Permittee shall utilize hand tools to the maximum extent possible when conducting vegetation removal during project activities. Permittee shall use hand held mechanical equipment only when necessary to remove types of vegetation that are not responsive to hand removal. Heavy equipment shall be utilized in pre -designated locations only. Herbicides shall be utilized to the minimum extent possible and only when necessary to maintain large areas of - invasive or non-native vegetation or types of vegetation that are not responsive to hand removal. Any herbicides utilized by Permittee in CDFW jurisdictional areas shall be registered by the California Department of Pesticide Regulation for aquatic use in California. Removal of any trees or shrubs with a trunk diameter of 6" or. - greater shall be pre -approved by CDFW. 2.4 Nesting Birds. Permittee shall avoid performing project activities from February 15 to September 15 to avoid impacts to nesting birds. If project activities cannot be avoided during the period of February 15 through September 15, Permittee shall have a qualified biologist survey all potential nesting vegetation within the project site and 500 feet adjacent to the project site for nesting birds, prior to commencing project activities. Surveys shall be conducted once a day for five days at the appropriate time of day during the breeding season and surveys shall end no more than three days prior to vegetation removal and/or disturbance. Documentation of surveys and findings shall be submitted to CDFW for review. If no nesting birds were observed, project activities may begin. If an active bird nest is located, the nest site shall be fenced a minimum of 200 feet (500 feet for endangered, threatened, and candidate species; species of special concern; and all raptors) in all directions, and this area shall not be disturbed until after September 15 and until the nest becomes inactive. If threatened or endangered species are observed in the area, no work shall occur during the breeding season (February 15 through September 15) to avoid direct or indirect (noise) take of listed species. 2.5 Nonnative plant species. CDFW recommends the use of native plants to the greatest extent feasible in the landscaped areas adjacent to and/or near open space areas and within or adjacent to stream channels and riparian areas. Permittee shall not plant, seed, or otherwise introduce invasive nonnative plant Notification #1600-2011-0274-R6 (Revision 2) Streambed Alteration Agreement Page 8of18 species to the landscaped areas adjacent to and/or near open space areas and within or adjacent to stream channels and riparian areas (minimum 100 foot - setback from open space areas and 150 foot setback from stream channels and wetland/riparian areas). Invasive nonnative plant species not to be used include those species listed on the "California Invasive Plant Inventory, February 2006" and the "February 2007 Inventory Update", (which are updates to Lists A & B of the California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999"). This list includes: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, bush lupine, sweet alyssum, English ivy, French broom, Scotch broom, Spanish broom, and pepperweed. A copy of the complete list can be obtained by contacting the California Invasive Plant Council by phone at (510) 843-3902, at their website at www.cal-ipc.orq, or by email at info@cal-ipc.org. 2.6 Lighting Impacts. No lighting shall be allowed to impact jurisdictional areas, and the lighting and fencing for infrastructure adjacent to jurisdictional areas shall be designed or reviewed by a qualified biologist to allow wildlife to move within the_ open space and conserved areas without hindrance. 2.7 Best Management Practices. Permittee shall actively implement Best Management Practices (BMPs) to prevent erosion and the discharge of sediment and pollutants into streams during project activities. BMPs shall be monitored and repaired if necessary to ensure maximum erosion, sediment, and pollution control. Permittee shall prohibit the use of erosion control materials potentially harmful to fish and wildlife species, such as mono -filament netting (erosion control matting) or similar material, within CDFW jurisdictional areas. All fiber roles, straw waddles, and/or hay bales utilized within and adjacent to the project site shall be free of nonnative plant materials. Fiber rolls or erosion control mesh shall be made of loose -weave mesh that is not fused at the intersections of the weave, such as jute, or coconut (coir) fiber, or other products without welded weaves. Non -welded weaves reduce entanglement risks to wildlife by allowing animals to push through the weave, which expands when spread. 2.8 Pollution and Litter. Permittee shall comply with all litter and pollution laws. All contractors, subcontractors, and employees shall also obey these laws and it shall be the responsibility of Permittee to ensure compliance. A Spill Prevention and Contingency Plan shall be prepared prior to the operation of heavy equipment. 2.8.1 Permittee shall not allow water containing mud, silt, or other pollutants from grading, aggregate washing, or other activities to enter a lake, streambed, or flowing stream or be placed in locations that may be subjected to high storm flows. 2.8.2 Spoil sites shall not be located within a lake, streambed, or flowing stream or locations that may be subjected to high storm flows, where spoil shall Notification #1600-2011-0274-R6 (Revision 2) Streambed Alteration Agreement Page 9of18 be washed back into a lake, streambed, or flowing stream where it will impact streambed habitat and aquatic or riparian vegetation. 2.8.3 Raw cement/concrete or washings thereof, asphalt, paint, or other coating material, oil or other petroleum products, or any other substances which could be hazardous to fish and wildlife resources resulting from project related activities shall be prevented from contaminating the soil and/or entering the waters of the State. These materials, placed within or where they may enter a lake, streambed, or flowing stream by Permittee or any party working under contract or with the permission of Permittee, shall be removed immediately. 2.8.4 No broken concrete, cement, debris, soil, silt, sand, bark, slash, sawdust, rubbish, or washings thereof, oil or petroleum products, or other organic or earthen material from any construction or associated activity of whatever nature shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any lake, streambed, or flowing stream. - 2.8.5 No equipment maintenance shall be done within or near any lake, streambed, or flowing stream where petroleum products or other pollutants from the equipment may enter these areas under any flow. 3. Compensatory Measures To compensate for adverse impacts to fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall implement each measure listed below. The mitigation measures described below shall fully compensate for all maintenance activities, as described in this Agreement. 3.1 Habitat Creation and Enhancement. Permittee shall create, restore, enhance, and manage, in perpetuity, 2.0 acres of riparian and streambed habitat within Hickory Creek (herein referred to as "Mitigation Site"). Permittee shall create approximately 1.3 acres of streambed and associated riparian habitat by grading and recontouring the existing upland areas adjacent to Hickory Creek, and installing the newly created streambed and banks with native riparian plant material. The remaining 0.7 acres of existing habitat within the Hickory Creek mitigation site shall be enhanced through the removal of all non-native and invasive species, trash, and debris, and the dispersal of native seed mix and/or installation of cuttings/poles or local native container stock. All container stock, cuttings, and seeds installed within the mitigation site shall be local California native material, typical of the existing riparian species found within Hickory Creek and adjacent Notification #1600-2011-0274-R6 (Revision 2) Streambed Alteration Agreement Page 10 of 18 tributaries. CDFW recommends that plant material be installed between October 1 and April 30 to maximize the benefits of the winter rainy season. 3.2 Habitat Mitigation and Monitoring Plan. No later than 90 days after signature to this Agreement and prior to the initiation of project activities in -jurisdictional areas, Permittee shall submit to CDFW for review and approval an updated Habitat Mitigation and Monitoring Plan (HMMP) designed to meet the onsite habitat creation and enhancement goals identified in Condition 3.1. At a minimum, the HMMP shall include the following information: (a) a description of the existing physical conditions of the mitigation site, including wy ter resources and habitat types, and a map that identifies the location of the site; (b) a detailed plan for the preparation of the mitigation site, including the removal of nonnative plant species, grading plans, and erosion control measures to be implemented during construction; (c) a local California native plant palette; (d) a planting plan, including monitoring and maintenance measures and a timeline; (e) an irrigation plan; (f) procedures to ensure that nonnative plants are not introduced or allowed to sustain within the mitigation site and a nonnative plant removal plan; and (g) success - standards and contingency measures. Monitoring and maintenance of the mitigation site shall be conducted annually for a minimum of five years, or until CDFW determines the mitigation site to be successful, and on an as -needed basis thereafter, in perpetuity. 3.3 Preservation of Mitigation Site. A deed restriction shall be placed over the 2.0 -acre mitigation site to protect fish and wildlife resources in perpetuity. The deed restriction shall be recorded within twelve (12) months following signature to this Agreement, or as extended by CDFW. Permittee shall obtain CDFW written approval of any deed restriction before its recordation. Permittee shall be responsible for all costs in recording the deed restriction and funding the long-term management of the mitigation site. Permittee shall identify the funding source and level of funding available for the long-term management of the mitigation site, including monitoring, management, and protection of the mitigation site, reasonable administrative overhead, biological monitoring, improvements to carrying capacity, law enforcement measures, and other actions designed to maintain and improve the habitat of the mitigation site, in perpetuity. Sufficient enforcement mechanisms acceptable to CDFW shall be included in the deed restriction to ensure that Permittee adequately performs such long-term management of the mitigation site. An executed copy of the deed restriction shall be provided to CDFW within twelve months following signature to this Agreement, or as extended by CDFW. The deed restriction shall be submitted to CDFW Inland Deserts Region at the address below under Contact Information. 3.4 Protection of Mitigation Site. To protect the mitigation site, Permittee shall place appropriate fencing or natural barriers and signage around the perimeter of the site. Except for uses appropriate to a habitat conservation area as approved by CDFW, the public shall not have access to the mitigation site, and no activities Notification #1600-2011-0274-R6 (Revision 2) Streambed Alteration Agreement Page 11of18 shall be permitted within the site, except maintenance of habitat, including the - removal of nonnative plants, trash, and debris, and the installation of native plant materials. 3.5-- Success Criteria for Mitigation Site. The riparian creation and enhancement site -- shall meet all of the requirements below: 3.5.1 All planting shall have a minimum of 80% survival the first year and 100% survival thereafter and shall attain 80% cover after 3 years and 90% cover after 5 years. If the survival and cover requirements have not been met, Permittee is responsible for replacement planting to achieve these requirements. Replacement plants shall be monitored with the same survival and growth requirements for 5 years after planting. Natural recruitment of native plants may be used to supplement replacement plants. 3.5.2 The mitigation site shall not contain more than 5 percent invasive nonnative plant species for CDFW to deem the site successful. All plant species with rates of dispersal and establishment listed as "High" or "Moderate" on the California Invasive Plant Inventory shall have documented absence, or have been removed from the site for at least three years for CDFW to deem the sites successful. Nonnative plant removal shall be conducted throughout the 5 -year monitoring and maintenance period. 3.5.3 Irrigation of the mitigation site may only be used to help the plants become established during the first two years following planting. Watering/irrigation of the sites shall be discontinued at least two years prior to completion of the monitoring period for the site to be deemed successful by CDFW. 4. Reporting Measures Permittee shall meet each reporting requirement described below. 4.1 Annual Reporting of Maintenance Activities. Permittee shall submit a report to CDFW annually that describes the maintenance activities conducted within the Permittee -maintained facilities during the previous calendar year. Each report shall include: (a) a map identifying the locations where maintenance activities were conducted; (b) a summary of the annual maintenance activities conducted for each maintenance facility, including: location, type of activity, time of year activities were conducted, duration of activities, methods/equipment used to conduct activities, quantity of sediment removed, quantity and type of vegetation removed, and total area of impact for each location; (c) a list of avoidance and minimization measures implemented during maintenance activities to protect fish and wildlife resources; Notification #1600-2011-0274-R6 (Revision 2) Streambed Alteration Agreement Page 12of18 and (d) before and after photographs of the maintenance areas. Permittee shall submit with each report the annual fees associated with the maintenance activities completed during the reporting year, if applicable (see Condition 1.1). The first report summarizing annual maintenance activities is due to CDFW for the 2012 calendar year no later than April 1, 2013. 4.2 Long Term Agreement Status Report. Pursuant to FGC section 1605(g)(2), Permittee shall provide to CDFW a status report of the project every four years for the life of the Agreement. The status report shall be delivered to CDFW no later than 90 days prior to the end of each four-year period. The first status report is due no later than August 25, 2016 and shall include all of the following information: (a) a copy of the original Agreement; (b) a status of the project activities covered by the Agreement; (c) an evaluation of the success of failure of measures in the Agreement to protect fish and wildlife resources that the project activities may substantially adversely affect; and (d) a discussion of any factors that could increase the predicted adverse impacts on fish and wildlife resources, and a description of the resources that may be adversely affected. In addition, the status report shall include photo documentation of the habitat areas before and after work was performed. CDFW shall review the status report and conduct an onsite inspection to confirm that Permittee is in compliance with the Agreement and that the measures in the Agreement continue to protect fish and wildlife resources. If CDFW determines that the measures in the Agreement no longer protect the fish and wildlife resources that are being substantially adversely impacted by the project activities, CDFW, in consultation with Permittee, and within 45 days of receipt of the status report, shall impose additional measures to protect the fish and wildlife resources affected by the project activities. 43 Annual Reporting of Mitigation Site. Permittee shall submit a report to CDFW annually for a minimum of five years, or until CDFW determines the mitigation site to be successful. This report shall include: (1) a description of the habitat creation and enhancement activities performed during the previous calendar year, including: (a) site preparation, including the removal of nonnative plants, trash, and debris, (b) plant installation, including the types and quantity by species of plants installed, and an overview of the planting effort, (c) the number by species of plants replaced or naturally recruited, and (d) when the activities were conducted; (2) current site conditions, including: (a) the percent survival, percent cover, and height of both tree and shrub species planted, and (b) the methods used to access these parameters; and (3) information regarding nonnative plant and animal species removal, including: (a) the methods used for removal, (b) the amount removed and/or treated, (c) the frequency and timing of removal/treatment, and (d) disposal specifics. The report shall also include all fish and wildlife species observed at the mitigation site during monitoring surveys and/or incidental sightings. Photos from designated photos stations shall be included. Annual reports shall be submitted to CDFW by April 1 of each year. The as -built report ( Notification #1600-2011-0274-R6 (Revision 2) Streambed Alteration Agreement Page 13 of 18 for the mitigation site is due no later than April 1, 2014. The first annual report for the mitigation site is due to CDFW no later than April 30, 2015. Please submit all reports to CDFW Inland Deserts Region at the address below under Contact Information. Please reference SAA #1600-2011-0274-R6. 4.4 Long Term Management Plan (LTMP) and Reports. Permittee shall prepare a LTMP designed to sustain or surpass the habitat quality of the 2.0 -acre mitigation site, following CDFW sign -off, in perpetuity. Permittee shall submit the LTMP to CDFW for review and approval no later than 6 months prior to requesting - "sign -off' of the mitigation site. At a minimum, the LTMP shall identify: (1) a description of the existing physical conditions of the mitigation sites, including water resources and habitat types, and a map that identifies the location of the sites; (2) goals related to sustaining habitat quality, wildlife usage, and overall function of the mitigation areas; and (3) management strategies proposed to meet those goals, including: (a) a monitoring and maintenance schedule, (b) list of contingency measures, and (c) funding source and level of funding available for the Tong -term management of the mitigation site. Permittee or the CDFW-approved conservation entity shall be responsible for implementing the LTMP (see Condition 3.3 for funding information) and shall submit a Management Report every 5 years documenting, at a minimum: (1) management activities completed within the previous five year term, including: (a) any remedial measures completed; (b) - details of non-native species removal including: (i) the species removed, (ii) the amount and frequency of removal, and (iii) the techniques used; and (c) enforcement activity necessary; 2) an assessment of overall habitat quality within the mitigation sites, including: (a) percent native and non-native vegetation cover, (b) shifts in habitat type, (c) Toss of habitat cover, (d) change in water resources, and (e) new non-native species observed; and (3) an evaluation of the success or failure of management strategies implemented, and any changes to management strategies proposed in response to the successes or failures. The Management Report shall include photos documenting the management activities. The first Management Report shall be submitted to CDFW five years following "sign - off" of the mitigation site. Please submit Management Reports to CDFW Inland Deserts Region at the address below under Contact Information. Please reference SAA #1600-2011-0274-R6. 4.5 Notification to CNDDB. If any sensitive species are observed on or in proximity to the project site, or during project surveys, Permittee shall submit California Natural Diversity Data Base (CNDDB) forms and maps to the CNDDB within five working days of the sightings, and provide the regional CDFW office with copies of the CNDDB forms and survey maps. The CNDDB form is available online at: www.CDFW.ca.gov/whdab/pdfs/natspec.pdf. This information shall be mailed within five days to: CDFW Natural Diversity Data Base, 1807 13th Street, Suite 202, Sacramento, CA 95814, Phone (916) 324-3812. A copy of this information shall also be mailed within five days to CDFW Inland Deserts Region, 3602 Inland Notification #1600-2011-0274-R6 (Revision 2) Streambed Alteration Agreement Page 14 of 18 Empire Boulevard, Suite C-220, Ontario, CA 91764, Attn: Streambed Team. Please reference SAA # 1600-2011-0274-R6. CONTACT INFORMATION Any communication that Permittee or CDFW submits to the other shall be in writing and any communication or documentation shall be delivered to the address below by U.S. mail, fax, or email, or to such other address as Permittee or CDFW specifies by written notice to the other. To Permittee: Michael Fleager City of Chino Hills 14000 City Center Drive Chino Hills, CA 91709 (909) 364-2695 (fax) citymanager@chinohills.org To CDFW: Department of Fish and Wildlife Inland Deserts Region 3602 Inland Empire Boulevard, Suite C-220 Ontario, CA 91764 Attn: Lake and Streambed Alteration Program — Kim Freeburn-Marquez Notification #1600-2011-0274-R6 (909) 481-2945 (fax) kfreeburn(wildlife.ca.gov LIABILITY Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the project or any activity related to it that the Agreement authorizes. This Agreement does not constitute CDFWs 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, Notification #1600-2011-0274-R6 (Revision 2) Streambed Alteration Agreement Page 15 of 18 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. Notification #1600-2011-0274-R6 (Revision 2) Streambed Alteration Agreement Page 16 of 18 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 CDFWs 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 CDFWs 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 CDFWs 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 section 1605(f)). EFFECTIVE DATE The Agreement becomes effective on the date of CDFWs 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/cepa/cepa changes.html. TERM Notification x1soozO11o2r«-<G(Revision z) S1naambcuAlteration Agreement Page 17 of 18 This Agreement shaH expire on Decernber 6, 2024. unless t is terminated or extended before thenAll 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. 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 p ' ct described herein. If Permiftee begins or completes a project different from the pject 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. / Michael Fleager „„/ City Manager FOR DEPARTMENT OF FISH AND WILDLIFE Leslie MacNair Environmental Program Manager Prepared by: Kimberly Freeburn-Marquez Environmental Scientist *2-6/13Date( Date( Li// D/13 Notification #1600-2011-0274-R6 (Revision 2) Streambed Alteration Agreement Page 18of18 Figure 1 Latitude and Longitude Facility latitude°(North) Longitude (Wes 1 34°1'0.64" 117°45'15.26" 2 34°0'11.42" 11.7°44'46.63" 3 33°59'54.91" 117°45'44.05" 4 33°58'56.72" 117°45'3.40" 5 33°58'10.34" 117°45'1.60" 6 33°58'26.97" 117°42'54.32" 7 33°58'28.36" 117°42'53.60" 8 33°57'26.14" 117°42'52.05" 9 33°57'17.15" 117°42'10.27" 10 33°57'21.10" 117°40'42.73" 11 33°57'23.35" 117°40'46.25" 12 33°56'46.63 117°40'48.09" 13 33°56'30.02 117°40'42.18" 14 33°56'28.57" 117°40'40.20" 15 33°56'15.91" 117°40'39.68" 16 33°56'25.57" 117°40'39.51" 17 33°55'36.09" 117°40'10.44" 18 33°55'33.26 117°39'45.97" 19 33°55'55.95" 117°39'43.72" 20 33°59'23.11" 117°44'2.20" Prepared By: Vnndermost Consu81ng Services, Inc. 949.4892700 Map Created: October25, 2011 e Feet' 0 6251,250 2,500 3,750 5,000 1 inch = 2,500 feet Data Sources: Glenn Lukas Associates 2010 Microsoft Corporation CITY OF CHINO HILLS MAINTENANCE OF 20 DETENTION BASINS BASIN LOCATION MAP PAGE 1 OF 2 FIGURE 2 Legend • Basin Locations = Least Bell's Vireo Final Critical Habitat Prepared By: Venderrnoet Consulting Services, Inc. 949.4882700 Map Created: October 25, 2011 Data Sources: Glenn Lukos Associates U.S. Fish & VVildllfe Service ,eet 2010 Microsoft Corporation 0 6251,250 2,500 3,750 5,000 1 inch = 2,500 feet CITY OF CHINO HILLS MAINTENANCE OF 20 DETENTION BASINS BASIN LOCATION MAP PAGE 2 OF 2 FIGURE 2 Figure 3 City of Chino Hills Maintenance Schedule for Detention Basins .' �—^ `,,''�x ��`/�,�'* 1 Rimrock Detention Basin 2 CaHe San Marcos Inlet 3 Chino Hilis Parkway Inlet 4 Ridgeview Drive Inlet 5 Feldspar Inlet 6 PipeIne Avenue Inlet 7 PpeIlne Avenue Outlet 8 Soquel Canyon Parkway Inlet 9 Sapphire Road Inlet 10a Skate Park Drainage Ditch 10h Skate Park Outlet 11 Skate Park Channel 12 13 Butterfield Ranch Road/Pine AveInlet 0.007 Annually 0.004 3 years 0.002 syeao 0.002 3 years 0.002 Annually 0.023 3vrars 0.014 3 years 0.052 Annually 0.006 Annually 0.103 I Annually 1.750 Annually 0.012 3 years Butterfield Ranch Road/Park Crest Inlet (1) 0.014 14 Butterfield Ranch Road/Park Crest Outlet (1) 15 Butterfieid Ranch Road/Park Crest niet (2) 16 Butterfield Ranch Road/Park Crest Outlet (2) 17 Mystic Canyon Detention Basin 18 Butterfield Inlet 19 Butterfield Outlet 20 Chino Hills Community Park Outlets/Inlets 0.014 0.021 0.022 0.061 0.011 0.014 0.027 2.161 3 years 3 years 3 years 3 years 3 years 3 years 3 years 3 years 4 2 2 2 2 2 2 4 2 4 6 2 2 2 2 2 2 2 2 No Tree Trimming and removal ofundeot rv"exetatonugngpowertomb No Removal ofundeotoryvegetation using power tools No Removal of understory vegetation usng power toois No No No No No Yes Yes Yes No Removal ofundrrstorvvegetation using power tools Tree Trimming and removal of understry vegetation using power tools. Tree Trimming and removal of understory vegetation using power tools. Tree Trimming and removal of understory vegetation using power tools. Tree Trimmng and removal of understory vegetation using power toos. Tree Trimming and removal of understory vegetation using power tools. Excavation of sIIt using rubber tired backhoe or loader, Tree Trimming and removal of understoryvegetaticn using powertools. Excavation of sift using rubber tired backhoe ar loader. Tree Trimming and removal of understry vegetation using power tools. Excavatlon of sift using rubber tired backhoe or loader. Tree Trimming and removal ef understory vegetation using power tools. No Tree Trimming and removal of understory vegetation using power tools. Removal ofall vegetation from concrete structure. ~. Tree Trirnming and removal of understory vegetation using power tools No Tree Trimming and removal of understory vegetation using power tools. Removal of all vegetation from concrete structure. Tree Trimming and removal of understrvveQemtionudngpowertoo|s. Tree Trlmming and removal ofunderstoryvegetation using powertools. Excavation of silt using rubber tired backhoe or loader. Removal of all vegetation from concrete structure. Tree Trimming and removal of understory vegetation using power tools. Rernoval of all vegetation from concrete structure. Tree Trimming and rernoval of understory vegetation using power tools. Removal of all vegetation from concrete structure. Tree Trmmlng and rernoval of understory vegetation using power tools. No No Yes No No 4 No