State of California - Natural Resources Agency DEPARTMENT OF FISH AND WILDLIFE South Coast Region 3883 Ruffin Road San Diego, CA 92123 (858) 467-4201 www.wildlife.ca.gov

July 16, 2014

Mr. Steve Price California Department of Transportation (Caltrans) 50 Higuera Street San Luis Obispo, California 93401

EDMUND G. BROWN. Jr .. Governor

CHARLTON H. BONHAM, Director

Subject: Final Lake or Streambed Alteration Agreement~ Notification No. 1600-2007 ~-RS 0 l 32 Routine Maintenance Sediment and Vegetation Removal Santa Barbara County

Dear Mr. Price:

Enclosed is the final Streambed Alteration Agreement (Agreement) for the Routine Maintenance Sediment and Vegetation Removal (Project). Before the California Department of Fish and Wildlife (Department) may issue an Agreement, it must comply with the California Environmental Quality Act (CEQA). In this case, the Department, acting as lead agency, determined your project is exempt from CEQA and filed a notice of exemption (NOE) on the same date it signed the Agreement.

Under CEQA, filing a NOE starts a 35-day period within which a party may challenge the filing agency's approval of the project. You may begin your project before the 35-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 Ms. Jamie Jackson, Senior Environmental Scientist (Specialist) at 805-382-6906 or jamie.jackson@wildlife.ca.gov

J Courtney Environmental Program Manager

Conserving Ca[ijomia's Wifd[ije Since 1870

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

SOUTH COAST REGION 3883 Ruffin Road San Diego, CA 92123

STREAM BED ALTERATION AGREEMENT 0 l 3 £._ NOTIFICATION No. 1600-2007~-R5-REVISION 4 ROUTINE MAINTENANCE AGREEMENT NUMEROUS BRIDGE(S)/STREAM(s)/POND(s)/CHANNEL(S)/ CULVERT(S)/RETENTION BASIN(S) AND DITCHES

This Routine Maintenance (RM) Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and California Department of Transportation (Permittee), as represented by Mr. Steve Price, acting on behalf of Permittee for the purpose of delineating and defining RM activities on/under/within bridges, streams, ponds, channels, culverts, retention basins and ditches (Streams or Facilities) throughout Santa Barbara County. This RM Agreement identifies general and site-specific provisions and restrictions on Permittees activities, to prevent any substantial adverse impacts to fish and wildlife resources, allowing required RM activities to proceed without additional permitting requirements.

RECITALS

WHEREAS, pursuant to Fish and Game Code (FGC) section 1605, Permittee notified CDFW on October 15, 2007 (Notification No. 1600-2007-0123-R5), that Permittee intends to complete the RM Project(s) described herein.

WHEREAS, pursuant to FGC section 1603, CDFW has determined that the RM Project(s) 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.

WHEREAS, pursuant to FGC section 1601 CDFW may propose reasonable modifications to certain RM Project(s) as would allow for the protection and continuance of existing fish and wildlife resources that may be substantially adversely affected by that RM activity.

WHEREAS, with regard to any RM Project(s) that involves operation of water supply, drainage, flood control, or waste treatment and disposal facilities, notice to, and agreement with, CDFW is not required subsequent to the initial Notification for RM Agreement, unless the work as described in the Agreement is substantially changed or conditions affecting fish and wildlife resources change, and the resources are adversely affected by the activity conducted under the Agreement.

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WHEREAS, it is essential that Permittee perform RM within miscellaneous Streams or Facilities in Permittee's District 5, within Santa Barbara County, to maintain the designed capacity of the Streams or Facilities, to protect the State Highway System, and to prevent loss of life and property.

WHEREAS, consistent with the policies of FGC section 1600 et seq., the protection and conservation of the fish and wildlife resources of California are of utmost public interest, and fish and wildlife conservation is a proper responsibility of the State.

WHEREAS, In order to avoid future conflicts, it is mutually beneficial to delineate and define RM activities, to establish procedures to expedite RM activities, and to provide for the protection and continuance of the existing fish or wildlife resources during such RM activities.

WHEREAS, Agreement is not intended to affect Permittees right under FGC section 1601 (f) to undertake emergency work necessary to protect life or property.

NOW THEREFORE, Permittee agrees to complete the RM Project(s) in accordance with the Agreement.

PROJECT LOCATION

The work authorized by this Agreement will occur in Santa Barbara County. A recent list of all possible Streams or Facilities within this county where work might occur shall be submitted by the Permittee prior to CDFW's execution of this Agreement. Permittee shall submit a Maintenance Notification Verification Request Form (VRF) (Exhibit 1, pg. 24), before work begins at any of these locations. The VRF shall include a map of the location, photos, a description of the work to be conducted at that location, and the anticipated impacts, in acres and cubic yards, of vegetation and sediment to be impacted and/or removed.

PROJECT DESCRIPTION

The Project(s) propose to remove sediment, vegetation, and debris from various Streams or Facilities within Permittee's owned right-of-way. The purpose of the Project(s) is to maintain drainage capacity to prevent flooding which could cause damage to Permittees existing facilities and pose potential hazards to the traveling public. All work will be done beneath the existing roadway or immediately adjacent to the roadway.

Routine Maintenance Activities

Removal of Debris or Obstructions._ Project(s) activities include removal of sand, silt, sediment, vegetation, and debris from Streams or Facilities. Permittee may clear Streams or Facilities of trash, rubbish, flood-deposited woody debris, in addition to material outside the Streams or Facilities in clear danger of falling into the Streams or Facilities, to the extent that these obstructions would significantly reduce facility capacity, impede storm flow, accelerate erosion and/or cause damage to man-made structures. These activities

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shall be conducted only when Streams or Facilities are dry or outside of the active Streams or Facilities, with the exception of flood-deposited woody debris immediately following a storm event, which may be removed while water is present.

Removal of Silt. Sand. or Sediment. Permittee may clear Streams or Facilities of silt, sand, or sediment which reduces or obstructs flow. This Agreement does not authorize Permittee to remove silt, sand, sediment, or other material beyond a Streams or Facilities current design flow or beyond 50 feet from the Streams or Facilities. These activities shall be conducted only when streams are dry.

Other Waste Removal. Removal of human generated waste, including but not limited to: lawn and farm cuttings, rubbish, garbage, flood-deposited debris, dead trees, or any object that could impede or obstruct flow.

Minor Repair of Existing Facilities. Permittee may make minor repairs to existing Streams and Facilities only when dry; including flap gates and water control structures, provided that bank stability is not degraded.

Rip-Rap Replenishment. Permittee may replenish damaged rip-rap with clean rock within the existing footprint of previously rip-rapped areas, provided the Stream is dry, and old rip­rap that may have fallen into the stream is removed. Placement shall be done without heavy equipment entering the streambed. If the replacement requires any vegetation removal, prior written approval from CDFW is required ..

Culverts. Permittee may maintain or replace culverts in Stream and Facilities associated with roadways and install energy dissipaters, headwalls, and wingwalls on existing culverts. Larger culverts may be installed provided the new culvert will not expand the use of the roadway where the culvert is being replaced. These activities shall be conducted only when streams are dry.

In-kind Repair of Existing Facilities. This includes replenishment of rip-rap (see rip-rap replenishment above), repair of concrete lining or CMP storm drains, in-kind replacement of culverts or installation of minor modification that does not increase the footprint of the structure by more than 100 linear feet or 1 ,000 square feet.

Test Boring .. Permittee may obtain core samples and conduct other minor geotechnical sampling, for the purpose of determining bridge foundation stability or for cultural investigations, provided such work does not cause an adverse impact to fish and wildlife resources. These activities shall be conducted only when streams are dry, or outside of the active channel.

NOTE: The specific type and extent of work to be done, specifications (if applicable), biological resources in the vicinity, and date work is scheduled shall be submitted with Permittee's RM Notification VRF.

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PROJECT IMPACTS

Plant and Animal Species of Concern

This Agreement is intended to specify measures to avoid adverse impacts to the fish and wildlife resources that occupy the Streams and Facilities where RM work will occur and the adjacent areas. Species that could potentially be impacted are birds, mammals, reptiles, amphibians, invertebrates, and plants that comprise the local ecosystem. CDFW files and Permittee's records contain lists of species that could occur in the Project(s) vicinity. Please see Section 2 of this Agreement for specific measures regarding bats and swallows. The Notification, together with all supporting documents, including the RM Notification VRF's (Exhibit 1 pg. 24), is hereby incorporated into this Agreement to describe the location and features of the proposed RM Project(s). Permittee agrees that all work shall be done as described in the Notification and supporting documents, incorporating all wildlife resource protection features, Best Management Practices (BMPs), and provisions as described in this Agreement.

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(s) site at all times and shall be presented to CDFW personnel, or personnel from another state, federal , or local agency upon request.

1.2 Providing Agreement to Persons at Project Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the Project(s) at the Project(s) 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(s) 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(s) site at any time to verify compliance with the Agreement.

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1.5 Regional Water Quality Control Board . CDFW believes that permiUcertification(s) may be required from the Regional Water Quality Control Board for this Project(s). Should such permits/certification(s) be required , a copy shall be submitted to CDFW.

1.6 Personnel Compliance On Site. If the Permittee or any employees, agents, contractors and/or subcontractors violate any of the terms or conditions of this Agreement, all work shall terminate immediately and shall not proceed until CDFW has taken all of its legal actions.

1.7 Pre-Project Briefing. A pre-maintenance meeting/briefing shall be held involving all the contractors and subcontractors, concerning the conditions in this Agreement.

1.8 Notification Prior to Work. The Permittee shall notify CDFW in writing two (2) weeks prior to beginning work by submitting a RM Notification ( VRF), to CDFW at RSLSACompliance@wildlife.ca.gov and jamie.jackson@wildlife.ca.gov. Upon receipt of a VRF, CDFW shall determine if the RM work may proceed as scheduled, and that it meets the required avoidance measures and limited scope of Project(s) authorized by this Agreement, or may not be executed under the RM Agreement, and requires separate notification and CEQA analysis. Permittee shall also notify CDFW upon the completion of the RM activities. Please reference Agreement 1600-2007-0123-RS when submitting correspondence to CDFW.

1.9 Notification Requirements. CDFW requires that the Permittee:

1.9.1 Immediately notify CDFW in writing if monitoring reveals that any of the protective measures were not implemented during the period indicated in this Agreement, or Permittee anticipates that measures will not be implemented within the time period specified.

1.9.2 Immediately notify CDFW if any of the protective measures are not providing the level of protection that is appropriate for the impact that is occurring, and recommendations, if any, for alternative protective measures.

1.9.3 CDFW shall verify compliance with protective measures to ensure the accuracy of the Permittee's monitoring and reporting efforts. CDFW may, at its sole discretion, review relevant documents maintained by the Permittee, interview the Permittee's employees and agents, inspect the work site, and take other actions to assess compliance with or effectiveness of protective measures in this Agreement.

1.10 Implementation Requirements. The agreed work includes activities associated with the Project Location and Project Description that is provided above (please see pg.1-2). Specific work areas and protective measures are described on/in the plans and documents submitted by the Permittee with the Notification Package, and shall be implemented as proposed unless directed differently by this Agreement.

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1.11 CESA-Listed Species. This Agreement does not authorize the take of any native animal as defined by FGC section 86 (hunt, pursue, catch, capture, kill , or attempt to do so) of CESA-listed or CDFW Species of Special Concern. If Permittee, in the performance of the agreed RM activities, discovers the presence of a CESA-listed species in the Project(s) work area, work shall stop immediately. Permittee shall not resume activities authorized by this Agreement until such time coordination regarding Incidental Take Permit(s) (ITPs) are obtained from CDFW pursuant to FGC section 2081(a) and 2081(b), as appropriate, and any additional CEQA analysis is completed.

1.12 Trespass. To the extent that the Provisions of this Agreement provide for activities that require Permittee to trespass on another owner's property, they are agreed to with the understanding that Permittee possesses the legal right to so trespass.

1 .13 Other Regulatory Authorizations. To the extent that the Provisions of this Agreement provide for activities that are subject to the authority of other public agencies, said activities are agreed to with the understanding that all appropriate permits and authorizations shall be obtained prior to commencing agreed activities.

1.14 On-site Restoration. Permittee assumes responsibility for the restoration of any fish and wildlife habitat which may be impaired or damaged either directly, or incidental to the Project(s), as a result of failure to properly implement, or complete the protective measures of this Agreement, or from activities which were not included in the Permittee's Notification.

1.15 Other Project(s). The signing of this Agreement does not imply that Permittee is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this Agreement are subject to separate notification pursuant to FGC sections 1600 et seq.

1.16 Approved Project(s). Projects with a footprint larger than 1,000 square feet, or any Project(s) over 50 feet in length, or adjacent (immediately connected to an area of previous impacts), and Project(s) that total over 50 feet in length within three (3) years, shall require consultation with CDFW. CDFW may accept the Project(s) as part of this RM Agreement, or CDFW may require a separate notification and CEQA analysis.

California Environmental Quality Act (CEQA) Compliance

All Stream bed Impacts Authorized under this Agreement MUST be projects that are not subject to findings under the California Environmental Quality Act (CEQA), except those authorized by No Effects Determination (NED), Categorical Exemptions (CE)(No Exceptions), or Statutory Exemptions (SE). All other Streambed impacts regulated under CDFW 1600 et seq. regulatory authority as a Responsible Agency that are subject to CEQA findings using a Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) MUST be authorized under separate notification, submitted with the appropriate fee, and are not authorized under this Agreement.

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In approving this Agreement, CDFW is independently required to assess the applicability of CEQA. The features of this Agreement shall be considered as part of the overall Project(s) description. Permittees' concurrence signature on this Agreement serves as confirmation to CDFW that the activities that shall be conducted under the terms of this Agreement are consistent with the Project described in the Notification No .. 1600-2007-0123-RS and are authorized under Categorical Exemption.

The Permittee shall implement the Project(s) as proposed and the work area shall be limited to the Streams or Facilities indicated for impacts as part of the master lists of facilities attached to the Notification for the RM Agreement; this includes all impacts including staging, storage and access roads necessary to complete the Project(s) as described in each VRF. If additional impacts beyond those expressly stated within each VRF occur CDFW must be notified and mitigation and/or additional measures to protect resources may be required.

2. Avoidance and Minimization Measures

To avoid or minimize adverse impacts to fish and wildlife resources during RM activities Permittee shall implement each measure listed below. Avoidance and minimization measures for the Project(s) include biological monitoring for the protection of animals and that all equipment entering the work area(s) shall be washed to reduce the likelihood of transfer of exotic wildland pest species. In addition to Permittee-proposed BMPs, the following additional measures shall be implemented to fully protect aquatic and terrestrial species during Project( s )-related activities.

Aquatic and Terrestrial Species Specific Protection

2.1 Contractor Education. Before the start of RM activities covered under this Agreement, Permittee shall provide training and a copy of this Agreement to all contractors, subcontractors and Permittee Project(s) supervisors. All workers shall have received training from Permittee' staff, or approved alternate trainer, on the content of this Agreement, the resources at stake, and the legal consequences of non-compliance.

2.2 Bats. In areas where bats are known to occur, or are likely to occur based on habitat or structures present, to prevent harm or death to any adult bat or their young, bat surveys shall be conducted by a qualified biologist familiar with the life history of bats to determine the specific species of locally occurring bats utilizing habitat within proposed RM work areas. Once surveys are completed, they shall be submitted to CDFW for review PRIOR to any impacts within the project limits; this includes trimming of tree branches or pruning of tree limbs to accommodate equipment clearance or project(s) staging. If it is determined bats may be impacted as a result of RM activities, the same biologists shall prepare a "Bat Avoidance and Minimization Plan" (BAMP) and that plan shall be submitted to CDFW and CDFW must notify the Permittee in writing that CDFW concurs with the survey findings and the bat avoidance plan. Only after receiving written concurrence from CDFW regarding surveys and the avoidance plan may impacts within RM Streams or Facilities, or work area(s), be initiated.

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2.3 Swallows. It is anticipated that swallows may nest on structures and within Streams and Facilities identified for RM activities between February 15th and September 1st .The Permittee shall take such measures as necessary to prevent nesting on structures or Streams and Facilities that will cause a conflict between performing necessary RM work and nesting swallows, during the recognized nesting bird season, to avoid violation of the Federal Migratory Bird Treaty Act (MBTA) of 1918 (50 C.F.R. Section 10.13) and Sections 3503, 3503.5 and 3513 of the FGC. Swallows shall be allowed to nest on structures and other Streams and Facilities where conflicts are not anticipated.

2.4 Presence/Absence Surveys. A Permittee biologist shall review all RM activities and shall conduct any general wildlife surveys needed to confirm that there will not be any adverse impacts to fish and wildlife resources due to the RM activities. Permittee shall forward this clearance to CDFW as part of the VRF.

2.5 Bridge/Culvert/Drain Inspection. Prior to any disturbance to existing structures within the Project(s) limits by the RM crew, the area will be cleared to ensure that no bats or other wildlife are using the structures for habitat.

2.6 Listed and Sensitive Species (Including both plant and animal species). This Agreement does not authorize RM activities in areas in Permittees District 5 that have been identified as areas that are potentially inhabited by CESA-listed and sensitive species. This Agreement does not allow for the take, or incidental takes, of any CESA-listed species, such as: California tiger salamander (Ambystoma californiense) (CTS); any fully-protected species, such as: white-tailed kite (Elanus /eucurus) (WTKI); or any CDFW Species of Special Concern (SSC), such as: Steelhead Trout (Oncorhynchus mykiss irideus) (steelhead) (please see measure 1.11 pg. 17). Liability for any take, or incidental take, of such listed and/or sensitive species remains the responsibility of Permittee for the duration of RM activities. Any take of such listed or sensitive species may result in prosecution and shall nullify this Agreement.

2.7 Working In Areas Where Listed Species May Occur. In areas that may support CESA­listed or sensitive species, such as CTS, WTKI , or steelhead, a qualified Permittee biologist shall conduct CDFW approved surveys for appropriate potential of CESA-listed or SSCs species. Permittee shall not begin work until CDFW concurs with the biologist's determination that RM activities will avoid impacts to any CESA-listed SSC species. If any CESA-listed or SSC species are found within the proposed work area, or could be impacted by the work proposed, a new Agreement will be necessary, a new CEQA analysis will need to be conducted, and a 2081 (b) Incidental Take permit may be required.

2.8 Access and Egress. All access roads and movement into and out of the Project(s) work areas and disposal site locations shall be selected in areas that do not have animal burrows, or provide habitat for CTS or burrowing owl (Athene cunicularia hypugaea) (BUOW), and movement into and out of the Project(s) area shall be conducted in a manner to minimize and avoid impacts adjacent to habitat to the most practical degree possible . .

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2.9 Work Periods. To the extent possible, and when feasible, all work shall be completed during daylight hours to avoid nocturnal animal species, outside the recognized nesting season of most raptors and passerines (January 31st-September 1st), and outside the Mediterranean climate rainy season (after October 15th).

Biological Surveys and Time Restrictions

2.8 Breeding and/or Nesting Birds. To avoid impacts to breeding/nesting birds, if breeding activities are observed (bringing nesting material to habitat within the Project(s) footprint, and/or nest(s) are located during surveys from January 31st to September 1st the breeding habitat/nest(s) site shall be fenced and/or flagged in all directions. Flagged habitat/nest(s) site(s) shall not be disturbed until the nest(s) becomes inactive, and/or the young have fledged, and/or the young are no longer being fed by the parents, and/or the young have left the area, and/or the young will no longer be impacted by the Project(s).1 Non-disturbance buffer zones shall be established by a qualified biologist with experience in identifying and monitoring nesting bird behaviors and nesting birds based on, but not limited to, site lines from the nest(s) to the work site and observations of the nesting bird's reaction to Project activities. Continuous monitoring of the nest(s) site by the qualified biologist shall occur during disturbance activities, and a nest(s) observation log shall be updated once per hour during RM activities while any work occurs within close proximity to flagged boundaries. If the qualified biologist assigned monitoring duties determines nesting activities may fail as a result of work activities, all work shall cease within the recommended avoidance area until the biologist determines the adults and young are no longer reliant on the nest site.

2.10 Migratory Birds. Be advised, migratory non-game native bird species are protected by international treaty under the Federal Migratory Bird Treaty Act (MBTA) of 1918 (50 C.F.R. § 10.13) and sections 3503, 3503.5 and 3513 of the FGC that prohibit take of all birds and their active nests including raptors and other migratory non-game birds (as listed under the federal MBTA).

2.11 Biological Monitoring. A qualified biological monitor, as determined by the Permittees District biologist, shall have the authority to suspend RM activities that may result in take of any native species as a direct, or indirect result of RM activities. If any wildlife is encountered during the course of RM activities, work shall be halted, and said wildlife shall be allowed to freely leave the area unharmed.. The animal shall be allowed to move at its own pace, and for whatever duration is necessary, for the animal to move out of harm's way. Once the animal is no longer in danger of being harmed work may recommence. If the animal refuses to leave the area, the biological monitor shall contact CDFW and coordinate on possible remedies to allow work to proceed .

2.12 Reporting Observations to CNDDB. The Permittee shall be responsible for reporting all observations of CESA-listed, or SSC species, to CDFWs Natural Diversity Data Base within

1 NOTE: A Buffer and Avoidance Plan (BAP) shall be submitted to the Department for review. If any endangered, threatened, or CDFW species of special concern are identified during pre-construction presence/absence surveys the BAP should outline the avoidance measures to be implemented to avoid take of nesting birds.

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ten (10) days of sighting. Any submittals to the CNDDB shall also be reported to the R5LSAcompliance@wildlife.ca.gov

2.13 Work Suspension. The Permittee shall not continue work once CESA-listed or SSC species are discovered until CDFW has been notified and concurrence has been received by CDFW that work may continue. CDFW will have 72 hours to review the circumstances and notify the Permittee if work may continue.

2.14 Agreed Streambed Activities. Activities within the bed, bank or channel of any stream may commence after CDFW has given its concurrence to the VRF.

2.15 Domestic Animals. The Permittee shall not permit pets on or adjacent to the construction site.

2.16 Weapons. The Permittee shall ensure that no guns/or other weapons are on site during construction, with the exception of the security personnel and only for security type functions. No hunting shall be authorized/permitted during Project(s)-related activities.

Habitat Protection-Authorized Impacts to Vegetation

2.17 Vegetation Control. Perrnittee may control weeds, grasses, emergent vegetation, or woody vegetation that restricts normal flow under or through a Stream or Facility, with specific restrictions for removal of native vegetation as described herein. Permittee may control herbaceous vegetation in a Stream or Facility where that vegetation is restricting normal flow under or through the Stream or Facility Please see Measure 1.16 for the definition of an Approved Project and the limitations of RM authorized under this Agreement.

2.18 Authorized Impacts. Project(s) that exceed the authorized Project impact area will require separate notification, with appropriate fee, and require additional review under CEQA. Please see Measure 1.16 for the definition of an Approved Project and the limitations of RM authorized under this Agreement.

2.19 Presence of Mature Native Trees. This Agreement does not authorize impacts to any tree with a DBH (single trunk) greater than 4 Inches. ·

2.20 Trimming or Pruning. Vegetation which causes a line-of-sight issue for signage or driveways/roadways may be trimmed or pruned as determined necessary, and as authorized by measure 2.1, pg. 8. All vegetation removal shall be limited to 50 feet from the existing Stream or Facility to facilitate stream flow. These activities shall only be conducted by hand crews, to the extent possible, from outside of the active channel. If any work is to be conducted in a wetted Stream or Facility prior notification to CDFW is required before work may proceed.

2.21 Flagging/Fencing of Vegetation. The upstream and downstream limits of the RM work areas, access routes, and all Environmentally Sensitive Areas (ESAs) boundaries

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shall be identified with brightly colored flagging. All other areas within the riparian corridor shall be avoided. The work area limits shall not extend beyond Permittees' Right of Way (ROW) and/or temporary easements, and shall be confined to the minimal area needed to accomplish the proposed work. Flagging shall be maintained in good repair.

2.22 Methods of Vegetation Removal. Vegetation removal shall be completed by hand where possible and practical. Use of heavy equipment or chemicals shall not be allowed without written permission from CDFW. The disturbance or removal of vegetation within the agreed work area shall not exceed the minimum necessary, and as authorized by measure 2.17, pg. 10-11, to complete operations and ensure proper operation of the Stream or Facility. Precautions shall be taken to avoid any damage to non-target vegetation by people or equipment where appropriate, roots and stumps shall be left intact to facilitate regrowth, where practical.

2.23 Exotic Wildland Pests Species. The Pennittee, whenever possible, shall remove any non-native vegetation, such as Arundo (Arundo donax) , tamarisk (Tamarix spp.), eucalyptus-immature 3"< (Eucalyptus spp.), pepper tree (Schinus mo/le), castor bean (Ricinus communis), African umbrella sedge (Cyperus eragrostis, Nutsedge), mustards (Brassica spp.), tree tobacco (Nicotiana glauca), periwinkle (Vinca spp.), and pampas grass (Cortaderia sel/oana) from the work area, including stumps and roots from all CDFW jurisdictional areas. Work shall be done outside the bird nesting period (see measure 2.8, pg. 9). Herbicide application will require specific written CDFW approval and concurrence to the VRF. Any qualified biologist assigned monitoring duties shall have stop-work-related authority, if necessary, to avoid unnecessary impacts to resources that may otherwise remain undisturbed during Project(s)-related activities; and to the best of their ability, prevent the introduction of exotic wildland pests into the work area.

2.24 Emergent Vegetation. In Streams and Facilities with emergent vegetation, vegetation shall only be removed when the area is dry, and as authorized by measure 2.17, pg. 10-11.

2.25 Ponds and Seeps. RM activities shall be limited to the amount necessary to maintain drainage and storage capacity in their original location and configuration, and as authorized in measure 2.17, pg. 10-11 . RM activities shall be done on a rotating schedule, with only 50 percent of a total pond or seep maintained in any one (1) year. Areas cleared shall not be cleared again for a minimum of two (2) years.

2.26 Unmodified Native Streams. No native vegetation shall be disturbed on the upper half (1 /2) of the bank slope or on the top of the bank, except that Pennittee may prune vegetation to the point where operation of a structure and/or the original line of sight for driveways/roadways entering a state highway is restored to original or safe conditions, and as authorized by measures 2.2 and 2.3, pg. ?(see Exhibit 2-6). Any alteration of existing channel morphology not addressed in this Agreement shall be subject to CDFW approval. Detailed plans shall be submitted to CDFW for approval and processing, CDFW may, or may not, authorize impacts under this RM Agreement, and may require separate notification, with appropriate fee, and may require additional review under CEQA.

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2.27 Disposal of Cleared Vegetation. Cleared or trimmed vegetation and woody debris shall be disposed of in a legal manner. With CDFW's written approval specific to each incident, fallen trees, tree limbs, and other woody debris may be used as part of a bio­technical bank stabilization technique or used to enhance wildlife habitat.

2.28 On-site Restoration Activities. Permittee assumes responsibility for the restoration of any fish and wildlife habitat which may be impaired or damaged either directly or incidental to the maintenance activities as a result of failure to properly implement or complete the protective features of this Agreement, or from activities which were not included in Permittees notification.

Debris Removal, Fill and Spoils

2.29 Fill. Fill shall be limited to the minimal amount necessary to accomplish the agreed RM activities and described in the Project(s)-specific VRF. When fill is approved, only clean imported fill shall be used , stored only on previously disturbed ground, and shall not cover riparian vegetation. Excess fill material shall be moved off site at Project(s) completion ..

2.30 Sand, Silt, Sediment. Removal shall be limited to the stream bottom and no more than 50 linear feet up or downstream of the structure. Sediment removal shall not be deeper than six inches below the existing culvert apron. Sand, silt, sediment removal shall be limited to periods when the stream channel or pond is dry.

2.31 Debris Catchment. All Permittees BMPs shalll be in place to contain any debris generated from cutting, grubbing, grading, and all RM-related activities from entering any portion of a stream outside the Project(s) limits. In addition, Permittees contractor will adhere to Permittee's Best Management Strategies Manual Sections 13-4.03D (3) and 14-10; Concrete Waste and Solid Waste Disposal and Recycling.

2.32 Debris Clearance. All cleared debris shall be removed from the normal high water areas of any Stream or Facility and shall not be redeposited within the flood plain. Spoil sites shall not be located within a stream or wetland, where spoil could be washed back into a stream, or where it covers aquatic or riparian vegetation.

2.33 Rock, Gravel, and/or Other Materials. These materials shall not be imported into or moved within the stream, except as otherwise addressed in this Agreement. Only on-site materials shall be used to complete the Project(s). Placement of materials shall be done without operating heavy equipment in the streambed. Fill length, width, and height dimensions shall not exceed those of the original installation or the original naturally occurring topography, contour, and elevation.

2.34 Streambed Contours. Permittee shall make the final contour of the site match the adjacent slope of the land and provide the appropriate surface water drainage. All areas subject to temporary ground disturbance, including storage and staging areas, temporary roads, pipeline corridors, etc., shall be recontoured, if necessary, and revegetated to promote restoration of the area.

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Placement of In-stream Structures

2.35 Diversions. This Agreement does not authorize a water diversion of any kind , regardless of size or type. Permittee may request CDFW review the requirement of a diversion as part of the VRF review process. CDFW may, or may not, allow a diversion under this Agreement. CDFW may requ ire separate notification, with appropriate fee, and may require additional review under CEQA, for any Project(s) where a diversion is required. To the extent that the Provisions of this Agreement provide for the diversion of water, they are agreed to with the understanding that Caltrans possesses the legal right to so divert such water.

2.36 Temporary Installation of Bridges, Culverts, or Other Structures. This Agreement does not authorize any temporary bridge, culvert, or other structure or obstruction except as expressly authorized in the Project(s) description received as part of the Permittees VRF for Project(s) authorized under this Agreement. Any work in a wetted portion of a streambed other than that authorized in the VRF requires PRIOR approval, in writing, from CDFW prior to implementation.

Turbidity and Siltation

2.37 Predicted Rain. Given the unpredictability of forecast for rain in the Southern California area, if measurable rain with 70 percent chance or greater probability is predicted within 48 hours during RM Project(s)-related activities, all protective measures to prevent siltation/erosion shall be implemented/maintained if it could rain during the proposed RM term. If it rains while RM Project(s)-related activities are underway, all activities shall cease, and protective measures to prevent siltation/erosion shall be implemented/maintained. If any concrete is poured after November 151

, Pemlittee MUST ensure no concrete used in the contract for RM-related activities may cause harm to ANY aquatic organism if poured within 150 feet of a wetted stream.

2.38 Unauthorized Materials. This Agreement does not authorize placement of any materials, other than those specifically identified in this Agreement, into any Streams or Facilities.

2.39 Runoff Control. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or other work trails to control erosion.

2.40 Contaminated Site Water. Water containing mud, silt, or other pollutants from equipment washing or other activities, shall not be allowed to enter a flowing stream, or dry ephemeral stream, or placed in locations that may be subjected to high storm flows.

2.41 Extent of Vegetation Removal. Removal of living and dead vegetation, sediment, and debris in the defined area shall be performed to the extent necessary to ensure proper operation of the Stream or Facility, and as authorized by measures 2.17 and 2.27 of this Agreement. After living and dead vegetation, sediment, and debris are removed the area topography and drainage patterns shall be returned to its designed or natural condition ..

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2.42 Erosion Control. Erosion control work includes repair of failed rock, sacked concrete, rip-rap or other such devices. RM activities shall be confined to the failed section of the Streams or Facilities and a maximum of 20 linear feet, up and downstream, of the failed area. Repairs shall not exceed the original specifications_ All disturbed soils shall be stabilized to reduce erosion potential, both during and following RM activities. Erosion control BMPs shall be applied to all disturbed areas.

Equipment and Access

2.43 Staging and Vehicle Storage. RM vehicles and equipment required to complete the Project(s) shall be described in the VFR. Vehicle access to streams and wetlands shall be limited to a predetermined ingress and egress corridor on existing roads. If new access to streams or wetlands is necessary, no more than one (1) vehicle route with a maximum width of 12 feet shall be constructed. Vehicle corridors shall be flagged. No equipment shall be allowed to operate in a stream channel that contains water. All other natural areas adjacent to the work site shall be considered an ESA and shall remain off-limits to vehicles and construction equipment. Staging in all other areas is prohibited by this Agreement unless otherwise approved PRIOR to staging activities by CDFW.

2.44 Vehicle Access Where Vegetation May be Impacted. This Agreement does not authorize impacts to any vegetation, native or otherwise, outside the flagged area of the Project(s) limit. If it is determined that additional impacts may occur as a result of Project(s)­related activities please notify CDFW immediately.

2.45 Authorized Vehicles. This Agreement does NOT authorize any vehicle(s) to be driven, or equipment operated in, any water-covered portions of a stream, or where wetland vegetation, riparian vegetation, or aquatic organisms may be harmed or destroyed. Only the bucket of the excavator/backhoe may operate in water covered portions of the stream to remove flood-deposited woody debris. At no time shall the main body of the excavator/backhoe enter water covered portions of the Stream or Facility.CDFW shall be notified within 24 hours by email at R5LSACompliance@wildlife.ca.gov to work in a wetted portion of any stream, at which time mitigation and/or protective measures may be required to protect resources.

2.46 Vehicle Maintenance. Any equipment or vehicles driven and/or operated adjacent to a Streams or Facilities shall be checked and maintained daily, to prevent leaks of materials that if introduced to the Stream or Facility, could be deleterious to aquatic life.

Pollution, Litter and Cleanup

2.47 Litter and Rubbish. Permittee and all contractors and subcontractors shall be subject to the pollution protective and other features of Department of Transportation Standard Specifications Section 7-1 .01G and FGC sections 5650 and 12015. In addition , all Project(s)-generated debris, building materials, and rubbish shall be removed from the Stream or Facility and from areas where such materials could be washed into the Stream or Facility.

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2.48 Pollution Prevention. Stationary equipment such as motors, pumps, generators, and welders, located within or adjacent to any Stream or Facility shall be positioned over drip pans. Stationary heavy equipment shall have suitable containment to handle a catastrophic spill/leak. Clean-up equipment such as extra boom, absorbent pads, skimmers, shall be on site prior to the start of RM Project(s)-related activities. No equipment maintenance shall be done within or near any Stream or Facility where petroleum products or other pollutants from the equipment may enter these areas under any circumstances that create flow in the Stream or Facility.

2.49 Pollution Clean-up. The clean-up of all spills shall begin immediately. CDFW shall be notified immediately by the Permittee of any spills that release hazardous material (oil, cement, fuel, etc.) into any stream and CDFW shall be consulted regarding clean-up procedures.

2.50 Trash Receptacles. The Permittee shall install and use fully covered trash receptacles with secure lids (wildlife proof) that contain all food, food scrapes, food wrappers, beverage containers and other miscellaneous trash generated by work force personnel.

2.51 Deleterious Substances. 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 or wildlife resulting from Project(s)-related activities, shall be prevented from entering any Stream or Facility and/or contaminating the soil. Use of sacked concrete, asphalt pieces or asphalt containing pavement grindings on the embankments is prohibited by this Agreement. All materials, including construction debris, must be removed from the Project(s) site pursuant to Department of Transportation Standard Specifications Section 7. 1-13 ... If CDFW determines that this practice has occurred it will constitute a violation resulting in suspension of this Agreement, and CDFW will pursue all legal remedies available.

2.52 Test Boring. For test boring, Permittee shall have a contingency plan and the appropriate equipment at the Project(s) site to handle the unlikely event of a frac-out during the drilling process. A means of containment and clean-up shall remain on standby throughout the drilling process. The VRF shall fully identify the contingency plan and all necessary equipment to be staged at the Project(s) site.

3. Compensatory Mitigation

NOTE: All Project(s) Authorized by this Agreement are RM Project(s) that have been approved using CEQA Categorical Exemption(s), Statutory Exemption(s), or No Effects determination(s). As such, no compensatory mitigation is required . Any Project(s) that exceeds the guidelines as set forth in Section 2 of this Agreement must be sent under separate notification, including the appropriate fee, and include other appropriate review under CEQA.

4. MONITORING AND REPORTING PROGRAM (MRP)

The purpose of the MRP is to ensure that the protective measures required by CDFW are

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properly implemented, and to monitor the effectiveness of those measures. Permittee shall have primary responsibility for monitoring compliance with all protective measures included in this Agreement. Protective measures must be implemented within the time periods indicated in the Agreement and the program described below. Permittees' designee shall ensure the implementation of all protective measures of the Agreement, and shall monitor the effectiveness of these measures .. Permittee shall submit the following Reports to CDFW.

VERIFICATION OF COMPLIANCE

CDFW shall verify compliance with protective measures to ensure the accuracy of Permittees' monitoring and reporting efforts. CDFW may, at its sole discretion, review relevant Project(s) documents maintained by Permittee, interview Permittees' employees and agents, inspect the Project(s) area, and take other actions to assess compliance with or effectiveness of protective measures for the Project(s).

Permittee shall meet each reporting requirement described below. Pursuant to the California Fish and Game Code Section 1605 (g) every four years during the term of this Agreement, until the Agreement expires, a Status Report shall be submitted to CDFW no later than 90 days prior to the end of each four year period (Permittee shall submit the first monitoring report no later than December 31, 2018).

4.1 Annual Reporting. At the end of each State fiscal year (July 1 ) , an Annual Report summarizing all RM activities (this applies to ALL projects completed under authorization of this Agreement), and shall be submitted whether or not RM work was conducted in that year, and in addition to the above monitoring and reporting requirements. CDFW requires as part of this MRP that Permittee submit as part of the annual report:

4.1.1 The status of the activity covered by the Agreement to include: The report should include an evaluation of the success or failure of the measures in the Agreement to protect the fish and wildlife resources that the activity may substantially adversely affect. This shall include 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.

4.1 .1.1 Project Completion Report. At the end of each activity using this RMA, a completion report shall be submitted to CDFW. The report shall reference the Agreement number and include at a minimum: color pre-Project(s) photographs, unless also provided in the VRF previously submitted , the total amount of area impacted post-Project(s), and color post-Project(s) photographs, a summary of Project(s)-related activities, including the surrounding staging areas, RM work areas in which RM was completed with hand tools, and all areas in which RM work involving heavy equipment occurred.

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4.1.1.2 Four Year Compliance Report. Upon receipt of the 4 year compliance report, which shall include a synopsis of previous completion reports, compiled into one four year status report, CDFW will contact Permittee to schedule an on­site inspection by CDFW staff, to confirm that Permittee is in compliance with the terms of this Agreement, and that the Agreement is adequately protecting fish and wildlife resources. These on-site inspections shall be conducted by CDFW staff every four years during the term of this Agreement, until the Agreement expires. The four year status report is a mandatory Agreement review period when CDFW will ensure measures in the RMA are effectively protecting fish and wildlife resources during RMAs.

4.1.1 .3 Report Review. Following review of all previously submitted Reports and on-site inspections, if CDFW determines that the measures in the Agreement no longer protect the fish and wildlife resources that are being substantially adversely affected by the RM activity, CDFW, in consultation with Permittee, and within 45 days of receipt of the reports and site inspection, shall impose one or more new measures to protect the fish and wildlife resources affected by the RM activity.

4.2 In addition to the above monitoring and reporting requirements, CDFW requires that Permittee:

4.2.1 Immediately notify CDFW in writing if monitoring reveals that any of the protective measures were not implemented during the period indicated in this program, or if it anticipates that measures will not be implemented within the time period specified .

4.2.2 Immediately notify CDFW if any of the protective measures are not providing the level of protection that is appropriate for the impact that is occurring, and recommendations, if any, for alternative protective measures.

4.3 Fees. California Code of Regulations, Title 14 (CCR 14), Section 699.5 establishes fees for projects subject to Fish and Game Code section 1601. Fees shall be assessed as described in the Fees for Lake and Streambed Agreement 1601 Routine Maintenance Activities(public agencies) if performed under the Agreement with CDFW. Fees for RM activities in any given fiscal year shall be due annually at the end of the fiscal year, June 30th. Agreement renewal fees shall be based upon the fee schedule (CCR14 699 .. 5(f) that is prevailing at the time of payment. Renewal fees will be charged once every eight (8) years, coincident with the Agreement renewal process described in "Change on Conditions". Amendment fees are based upon 50 percent of the original fee (CCR 14 699. 5(g).

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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: California Department of Transportation Mr. Steve Price 50 Higuera Street San Luis Obispo, California, 93401 Tel. (805) 549-3337 Fax. (805) 549-3233

LIABILITY

To CDFW: Department of Fish and Wildlife South Coast Region Lake and Streambed Alteration Program 3883 Ruffin Road San Diego, California 92123 Notification #1600-2007-0123-R5

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, agerits or contractors and subcontractors, to complete the Project(s) or any activity related to Permittees Project(s) that the Agreement authorizes.

This Agreement does not constitute CDFW's endorsement of, or require Permittee to proceed with, the Project(s). The decision to proceed with the Project(s) 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. The circumstances that could require a reevaluation include, but are not limited to, the following:

a ) Failure to comply with the terms/conditions of this Agreement;

b) The information provided by Permittee in support of the Agreement is determined by CDFW to be incomplete, or inaccurate;

c) When new information becomes available to CDFW representative(s) that was not known when preparing the original terms/conditions of the Agreement; and

d) The activities as described in the notification/Agreement has changed, or conditions affecting fish and wildlife resources change.

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

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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(s) 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 AND TERMINATION

This Agreement cannot be amended or modified in any way except by a written agreement duly executed by CDFW and the Permittee. Permittee shall submit a "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). Any proposal for amendment or modifications must be delivered for review and approval by CDFW. At the discretion of CDFW, modifications may be deemed minor, requiring an amendment to this Agreement, or substantial requiring the submission of a new notification application. If the latter is the case, this Agreement becomes null and void. Failure to notify CDFW of changes or subsequent Amendments to this Agreement may result in CDFW suspending or canceling this Agreement. If Permittee gives notice to and obtains the Agreement of CDFW to maintain additional specific facilities, any such additional facilities shall be added by written Amendment to this Agreement and all provisions of this Agreement shall apply.

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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 for the original term 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 RM Project(s) the Agreement covers (Fish & G. Code,§ 1605, subd. (f)).

EFFECTIVE DATE

The Agreement becomes effective on the date of CDFW's signature, which shall be: 1) after Permittee's signature; 2) after CDFW complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the applicable FGC section 711.4 filing fee, if required, listed at http://www.dfg.ca.gov/habcon/ceqa/cega changes.html.

TERM

This Agreement shall expire on December 31, 2023 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.

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RENEWAL

This 1605 Agreement shall expire eight (8) years after the date that it is signed by both Permittee and CDFW. If requested, by Permittee prior to expiration, CDFW will review the 1605 and determine at its own discretion, whether to renew the Agreement as is, make minor amendments deemed necessary by CDFW, or requested by Permittee, or if significant changes are required, develop a new Agreement.

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(s) described herein . If Permittee begins or completes a Project(s) different from the Project(s) 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.

FOR California Department

Steve Price ate / Deputy District Director-Maintenance

Department Of Fish And Wildlife

Environmental Program Manager

Prepared by: Jamie Jackson Senior Environmental Scientist (Specialist)

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EXHIBITS

The documents listed below are included as exhibits to the Agreement and incorporated herein by reference and may be found in the Agreement file located in the CDFW South Coast Regional (SCR-Region 5) Office (please see pg. 1 for address).

EXHIBIT 1. Maintenance Notification Verification Request Form (VRF) EXHIBIT 2. Terms Defining Channel Structure-Cross Sectional View EXHIBIT 3. Terms Defining Channel Structure-Aerial View EXHIBIT 4. Control and Removal of Native Vegetation EXHIBIT 5. Control and Removal of Non-Native Vegetation EXHIBIT 6. Minor Erosion Control Work EXHIBIT 7. Minor Erosion Control Work

Notification #1600-2007-0123-RS Streambed Alteration Agreement

EXHIBIT 1 Verification Request Form (0418104)

Page 23

Page 23 of 30

DISTRICT 5 ENVIRONMENTAL AGREEMENT 1600-2007-0123-RS MAINTENANCE NOTIFICATION VERIFICATION REQUEST FORM (VRF)

Name of Requestor: EA number:

Maintenance Region:

Project Start Date:

I Location of Work (County/Route/Postmile):

I Name of Stream:

I Nearest landmark, crossroad or other identifier:

I Latitude/Longitude (in Degrees and Minutes):

Maintenance Activities Type of Work

D Sediment Removal (Amount of material to remove below obvious flow line Ocubic yards)

D Sediment will be removed with Vactor

D Equipment can work off bank

D Equipment must work from within stream channel

D Hand removal of vegetation

D Tree Thinning

D Tree Removal (By Hand)

D Vegetation removal will include removal of roots

D Herbicide to stump

D Minor Bridge work (cleaning, painting etc.)

D Repair of damaged RSP

D Work will occur in live channel

OOther:

Description of Proposed Maintenance Work

D ORIGINAL REQUEST

0 REVISION NO.

Date of Request

Phone Number: Cell Number/ Pager:

E-Mail:

Project End Date:

Routine Work Requiring Variance

D Work will occur outside RMA Dates

D Access to be created down to waterway

D Other:

Equipment

D Chainsaw/Clippers

D Backhoe/ grade-all

D Excavator

D Vactor

D Other: Bobcat loader.

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Section 2: Biological Information

I Area Biologist: Phone:

E-Mail:

Field Review Conducted By:

Date(s) of Biological Field Review:

0 Need CESA/FESA Consultation/ Species:

0 Known Sensitive Resources:

0 Restrictions on Work:

Habitat Classification:

Comments:

0 Routine Work 1 O Da

below

Comments:

Section 3: CDFW Approval

Verificatio11 Request Form (0418104) Page 2

In accordance with Provisions 1 and 2 of the Agreement between the California Department of Fish and Wildlife (CDFW) and the California Department of Transportation (Ca/trans) for RM in Stream and Facilities within/adjacent to State Right of Way for the purposes of protecting and maintaining the state highway system. Ca/trans hereby notifies CDFW of its intent to perform RM work within a Stream or Facilitv covered in the Aareement.

CDFW Contact Information Date Submitted to CDFW by Ca/trans:

Name: Jamie Jackson Date CDFW Responded to Ca/trans:

Phone Number: (805) 382-6906

E-Mail: jamie.jackson@wildlife.ca.gov

0 Notice of Concurrence

D Work can begin as scheduled

D Work can beQin immediately

0 Notice of concurrence with conditions (See CDFW comments below)

D Work can begin as scheduled

D Work can begin immediately

0 Notice of non-concurrence with comments (See CDFW Comments below)

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ToeofSlope _/

EXHIBIT2

Top of Bank

Exhibit 2 : Terms Defining Channel Structure (Cross-sectional view)

Channel Bank (Area from Toe of Slope to Top of Bank)

Toe of Slope

Notification #16 Streambed Alt 00-2007-0123-R5 p eration A age 26 of 30 greement

EXHIBIT3

Exhibit 3· ~ . erms Defining Ch annel Stru

--

cture (Aerial . view)

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Lower Half of Channel Bank

EXHIBIT4

Channel Bottom

Lower Half of Channel Bank

Exhibit 4: Control and Removal of Native Vegetation Limits of Work are Channel Bottom and Lower Half of Banks

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Toe of Slope

EXHIBIT 5

Top of Bank (Limits of Work)

Channel Bank

Toe of Slope

Exhibit 5: Control and Removal of Non-Native Vegetation

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Toe of Slope

EXHIBIT6

Top of Bank

Original Channel Bank

Limit of Eroded Area

Toe of Slope

Exhibit 6: Minor Erosion Control Work

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Toe of Slope

EXHIBIT?

Top of Bank

Original Channel Bank '\.

Exhibit 7: Minor Erosion Control Work

Limit of Eroded Area

Engineered Fill